12 2 STA T .53 5 4PROCL A M AT I O N8 2 9 4 — S E PT. 2 6, 2 0 08 doman d De mo cr ac yA c t, a s amended, i t is necessary to modi f yt h e H armoni z ed T ariff S ched ul eofthe U nited States ( HTS ) to include an additional U . S. N ote to cha p ter 71 . 5 . Section 604 of the Trade Act of 1 9 74, as amended (the ‘ ‘1974 Act ’ ’) (19 U.S. C . 2 4 83 ), authorizes the P resident to em b ody in the HTS the substance of rele v ant provisions of that Act, or other acts affectin g im - port treatment, and of actions ta k en thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. 6. Sections 3A(b)(2) and 3A(c)(3) of the B urmese F reedom and Democ- racy Act, as amended, authorize the President to issue such proclama- tions, regulations, licenses, and orders, and conduct such investiga- tions, as may be necessary to implement the prohibition on Burmese covered articles set forth in section 3A(b)(1) of that Act and the condi- tions for importation of non-Burmese covered articles set forth in sec- tions 3A(c)(1) and 3A(c)(2) of that Act. 7. I have determined that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security, pursuant to sections 3A(b)(2) and 3A(c)(3) of the Burmese Freedom and Democracy Act, as amended, to issue regulations, licenses, and orders, and con- duct such investigations as may be necessary, to implement the prohi- bition on importation of Burmese covered articles set forth in section 3A(b)(1) of that Act and the conditions for importation of non-Burmese covered articles set forth in sections 3A(c)(1) and 3A(c)(2) of that Act. I further determine that it is appropriate to authorize the Secretary of the Treasury and the Secretary of Homeland Security to redelegate, as necessary, any of these functions to other officers and agencies of the United States G overnment consistent w ith applicable law. 8. I have determined that it is appropriate to authorize the Secretary of the Treasury, in consultation with the Secretary of State, to perform the functions set forth in section 3A(c)(2)(A) of the Burmese Freedom and Democracy Act, as amended, relating to the issuance waivers of the conditions for importation set forth in section 3A(c)(1) of non-Bur- mese covered articles from any country that has implemented certain measures to prevent the trade in Burmese covered articles. I further de- termine that it is appropriate to authorize the Secretary of the Treasury to redelegate, as necessary, any of these functions to other officers and agencies of the United States Government consistent with applicable law. 9. Section 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to seek issuance of a draft waiver decision by the Council for Trade in Goods of the W orld Trade O rganization (WTO) granting a waiver of the appli- cable WTO obligations with respect to the provisions of section 3A of the Burmese Freedom and Democracy Act, as amended, and any meas- ures taken to implement it. 10. I have determined that it is appropriate to authorize the United States Trade R epresentative to perform the functions specified in sec- tion 3A(b)(3)(A) of the Burmese Freedom and Democracy Act, as amended. 11. Section 3A(b)(3)(B) of the Burmese Freedom and Democracy Act, as amended, directs the President to take all appropriate actions to
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