12 2 STA T .5390PROCL A M AT I O N8 323 — NO V .25 , 2008 tius ist obe t r e a te d asa l esser de v elo p ed be n e f i c iar y sub -S a h aran A fri- can country for purposes of the A GO A .8 . Accordin g ly , in order to reflect the a m endments to section 1 1 2( c ) of the AGOA, I have determined that it is appropriate to modify the HT S to reflect the tariff treatment provided to lesser developed beneficiary sub-Saharan African countries and to provide that M auritius is to be treated as a lesser developed beneficiary sub-Saharan African country for purposes of the AGOA. 9 . Section 2 03 (e)(1)(A)(i) of the Andean Trade P reference Act, as amended (ATPA) (19 U .S. C . 3202(e)(1)(A)(i)), authori z es the President to w ithdraw or suspend the designation of any country as a beneficiary country for purposes of the ATPA if, after such designation, the Presi- dent determines that as a result of changed circumstances such country should be barred from designation as a beneficiary country. 10. Section 3103 of the Andean Trade Promotion and D rug E radication Act (Title X XXI of the Trade Act of 2002, Public L aw 10 7– 210) (ATPDEA) amended section 203(e)(1) of the ATPA (19 U.S.C. 3202(e)(1)) by adding a new subparagraph ( B )(i) authorizing the Presi- dent to withdraw or suspend the designation of any country as a bene- ficiary country for purposes of the ATPDEA if, after such designation, the President determines that, as a result of changed circumstances, the performance of such country is not satisfactory under the eligibility cri- teria set forth in section 20 4 (b)( 6 )(B) of the ATPA, as amended (19 U.S.C. 3203(b)(6)(B)). 11. Section 203(e)(2)(A) of the ATPA, as amended (19 U.S.C. 3202(e)(2)(A)) re q uires the President to publish notice of the action he proposes to ta k e at least 30 days before taking action under section 203(e)(1) (19 U.S.C. 3202(e)(1)). 12. On October 1, 2008, the UST R , at my direction, published a notice in the Fed e ralR e gist er (73 FR 5 7158) announcing that I proposed to suspend the designation of Bolivia as a beneficiary country for pur- poses of the ATPA and the ATPDEA based on Bolivia ’ s failure to sat- isfy the eligibility criteria set forth in section 203(d)(11) and section 204(b)(6)(B)(v) of the ATPA, as amended (19 U.S.C. 3202(d)(11), 3203(b)(6)(B)(v)). 13. I have determined that Bolivia no longer satisfies the eligibility cri- terion in section 203(d)(11) of the ATPA, as amended. Therefore, pur- suant to section 203(e)(1)(A)(i) of the ATPA, I have determined that, as a result of this changed circumstance, Bolivia’s designation as an ATPA beneficiary country should be suspended. 14. I have determined that Bolivia is no longer performing satisfactorily under the eligibility criterion in section 204(b)(6)(B)(v) of the ATPA, as amended. Therefore, pursuant to section 203(e)(1)(B)(i) of the ATPA, I have determined that, as a result of this changed circumstance, Boliv- ia’s designation as an ATPDEA beneficiary country should be sus- pended. 15. Presidential Proclamation 6641 of December 15, 1993, implemented the N orth American F ree Trade Agreement (NAFTA) with respect to the United States and, pursuant to the North American Free Trade Agreement Implementation Act (Public Law 103–182) (the ‘ ‘NAFTA Implementation Act’’), incorporated in the HTS the tariff modifications and rules of origin necessary or appropriate to carry out the NAFTA.
�
