Page:United States Statutes at Large Volume 123.djvu/3702

 123STA T . 3 68 2 PROCL A M AT I O N 8 405— A UG .31 , 200 9to o rig i na ting goo dsw i l l c ontin ue to b e p ro v ided under t h e tari f f cat - egories that were m odified in P roclamation 8097.T he NAF TA parties , the U nited S tates, C anada, and M e x ico, have agreed to ma k e these changes. 5 . Section 2 02 of the NAFTA I mplementation Act (1 9 U.S.C. 3 332 ) pro- vides rules for determining whether goods imported into the United States originate in the territor y of a NAFTA party and thus are eligible for the tariff and other treatment contemplated under the NAFTA. Sec- tion 202( q ) of the NAFTA Implementation Act (19 U.S.C. 3332(q)) au- thori z es the President to proclaim, as part of the H TS, the rules of ori- gin set out in the NAFTA and to proclaim any modifications to such previously proclaimed rules of origin, including those necessary to im- plement an agreement with NAFTA countries under paragraph 2 of section 7 of Annex 300- B of the NAFTA, sub j ect to the consultation and layover requirements of section 103(a) of the NAFTA Implementa- tion Act (19 U.S.C. 3313(a)). 6 . The NAFTA parties have agreed to modify certain NAFTA rules of origin. Modifications to the NAFTA rules of origin reflected in general note 12 to the HTS are therefore necessary to ensure the continuation of tariff and certain other treatment accorded under the NAFTA to orig- inating goods in tariff categories modified in Proclamation 8097 and to carry out the duty reductions proclaimed in Proclamation 66 4 1. The consultation and layover requirements of section 103(a) of the NAFTA Implementation Act were met D ecember 10, 2007, with respect to the proposed modifications. 7. I have determined that the modifications to the HTS proclaimed in this proclamation pursuant to section 202 of the NAFTA Implementa- tion Act are necessary to implement an agreement with the NAFTA parties under paragraph 2 of section 7 of Annex 300-B of the NAFTA. In addition, I have determined that the modifications pursuant to sec- tion 1206(a) of the 1988 Act are in conformity with the obligations of the United States under the Convention and do not run counter to the national economic interest of the United States. 8. Certain necessary modifications to the HTS to conform it to the Con- vention were inadvertently omitted from Proclamation 8097. I have de- termined that technical corrections to the HTS are necessary to con- form the HTS to the Convention. 9. O n April 22, 1985, the United States and Israel entered into the Agreement on the E stablishment of a Free Trade Area between the G overnment of the United States of America and the Government of Israel (USIFTA), which the Congress approved in the United States- Israel Free Trade Area Implementation Act of 1985 (the ‘ ‘USIFTA Im- plementation Act ’ ’) (19 U.S.C. 2112 note). 10. Section 4(b) of the USIFTA Implementation Act provides that, whenever the President determines that it is necessary to maintain the general level of reciprocal and mutually advantageous concessions with respect to Israel provided for by the USIFTA, the President may proclaim such withdrawal, suspension, modification, or continuance of any duty, or such continuance of existing duty-free or excise treatment, or such additional duties as the President determines to be required or appropriate to carry out the Agreement.