Page:United States Statutes at Large Volume 122.djvu/5440

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12 2 STA T .54 1 7PROCL A M AT I O N83 32 —DE C.2 9, 2 0 08 NOW,THER E F ORE, I , G EORGE W .BUS H, Presid e ntof t h e United St a tes of Am eri c a, actin gu nder the authorit yv ested in me b y the C on - stitution and the l a w s of the United States of America, including but not limited to section 604 of the 197 4 Act

sections 10 5( a ) , 2 01, 202, and 204, and subtitle B of title III, of the Im p lementation Act; and sec- tion 3 01 of title 3, United States Code, and having made the determina- tion under section 101(b) of the Implementation Act necessary for the e x change of notes, do hereby proclaim

(1) In order to provide generally for the preferential tariff treatment being accorded under the Agreement, to set forth rules for determining whether goods imported into the customs territory of the United States are eligible for preferential tariff treatment under the Agreement, to provide certain other treatment to originating goods of Oman for the purposes of the Agreement, to provide tariff-rate q uotas with respect to certain originating goods of Oman, to reflect Oman ’ s removal from the enumeration of designated beneficiary developing countries for pur- poses of the GSP, and to ma k e technical and conforming changes in the general notes to the HTS, the HTS is modified as set forth in Annex I of Publication 4050 of the United States International Trade Commission, entitled, Modif i cat io ns tot heH a rm oni z ed T ariff S ched -ul eofthe U nited States I m p lementin g the United States- O man F ree Trade A greement (Publication 4050), which is incorporated by ref- erence into this proclamation. (2) In order to implement the initial stage of duty elimination provided for in the Agreement and to provide for future staged reductions in du- ties for originating goods of Oman for purposes of the Agreement, the HTS is modified as provided in Annex II of Publication 4050, effective on the dates specified in the relevant sections of such publication and on any subsequent dates set forth for such duty reductions in that pub- lication. (3) The amendments to the HTS made by paragraphs (1) and (2) of this proclamation shall be effective with respect to goods entered, or with- drawn from warehouse for consumption, on or after the relevant dates indicated in Annex II of Publication 4050. (4) The Secretary of Commerce is authori z ed to exercise my authority under section 105(a) of the Implementation Act to establish or des- ignate an office within the D epartment of Commerce to carry out the functions set forth in that section. (5) The CITA is authorized to exercise my authority under section 204 of the Implementation Act to exclude textile and apparel goods from the customs territory of the United States; to determine whether an en- terprise’s production of, and capability to produce, goods are con- sistent with statements by the enterprise; to find that an enterprise has knowingly or willfully engaged in circumvention; and to deny pref- erential tariff treatment to textile and apparel goods. (6) The CITA is authorized to exercise the functions of the President under subtitle B of title III of the Implementation Act to review re- quests, and to determine whether to commence consideration of such requests; to cause to be published in the Federal R egister a notice of commencement of consideration of a request and notice seeking public comment thereon; to determine whether imports of an Omani textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly