Page:United States Statutes at Large Volume 123.djvu/3623

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123STA T . 3 60 3 PROCL A M AT I O N8 3 4 1 —J AN. 16 , 200 9Proclam a ti o n8341 o fJ an u ar y 1 6,20 0 9ToImple me nt t h e U n i te dS t a te s-P e ru Trade Promotion Ag reement and f or O ther Purposes BythePr e sid e n t of the U nited S t a tes of Am eri c a A Proc l amation 1.OnApril 1 2, 2 0 0 6 , theU nite dS t a te s entered int o the United States -P er uT rade Pro m otion A g reement ( the ‘ ‘Agreement ’ ’ ) ,andon J une 2 4 and June 2 5 , 200 7 , the Parties to the Agreement signed a proto c ol amending the Agreement. C ongress appro v ed the Agreement as amend- ed in section 101(a) o f the United States-Peru Trade Promotion Agree- ment I mplementation Act (the‘‘Implementation Act’’) (Pu b lic L a w 110 – 1 38 , 121 Stat. 1455) (1 9 U.S.C. 3805 note). 2. Section 105(a) of the Implementation Act authori z es the President to establish or designate within the D epartment of Commerce an office that shall be responsible for providing administrative assistance to pan- els established under chapter 21 of the Agreement. 3. Section 201 of the Implementation Act authorizes the President to proclaim such modifications or continuation of an y duty, such con- tinuation of duty-free or e x cise treatment, or such additional duties, as the President determines to be necessary or appropriate to carry out or apply Articles 2.3, 2.5, 2.6, 3.3.13 and Annex 2.3 of the Agreement. 4. Section 201(d) of the Implementation Act authorizes the President to ta k e such action as may be necessary in implementing the tariff-rate q uotas set forth in Appendix I to the Schedule of the United States to Annex 2.3 of the Agreement to ensure that imports of agricultural goods do not disrupt the orderly marketing of commodities in the United States. 5. Consistent with section 201(a)(2) of the Implementation Act, Peru is to be removed from the enumeration of designated beneficiary devel- oping countries eligible for the benefits of the G eneralized System of Preferences (GSP) on the date the Agreement enters into force. F urther, consistent with section 604 of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2483), I have determined that other technical and conforming changes to the H armonized Tariff Schedule of the United States (HTS) are necessary to reflect that Peru is no longer eligi- ble to receive the benefits of the GSP. 6. Section 203 of the Implementation Act sets forth certain rules for de- termining whether a good is an originating good for the purpose of im- plementing preferential tariff treatment provided for under the Agree- ment. I have decided that it is necessary to include these rules of ori- gin, together with particular rules applicable to certain other goods, in the HTS. 7. Section 203(o) of the Implementation Act authorizes the President to determine that a fabric, yarn, or fiber is or is not available in com- mercial quantities in a timely manner in the United States and Peru

to establish procedures governing the request for any such determina- tion and ensuring appropriate public participation in any such deter- mination; to add any fabric, yarn, or fiber determined to be not avail- able in commercial quantities in a timely manner in the United States