123STA T . 3 6 6 4PROCL A M AT I O N8 3 9 4 —JU N E 29 , 2 0 09 fic i arydev e lop i ng co u n t ryift h e aggregate apprai s ed value of the i m- ports of such article into the U nited S tates during the preceding cal- endar year does not e x ceed an amount set forth in section 503( c ) ( 2 )( F )(ii) of the 1974A ct(19U . S. C .24 6 3(c)(2)(F)(ii)). 4. P ursuant to section 503(d)(1) of the 1974 Act (19 U.S.C. 2463(d)(1)) , the President may w aive the application of the competitive need limi- tations in section 503(c)(2)(A) of the 1974 Act with respect to any eligi- b le article from any beneficiary developing country if certain condi- tions are met. 5. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C. 2463(d)(5)), any waiver granted under section 503(d) shall remain in effect until the President determines that such waiver is no longer warranted due to changed circumstances. 6. Pursuant to section 503(c)(2)( E ) of the 1974 Act (19 U.S.C. 2463(c)(2)(E)), section 503(c)(2)(A)(i)( I I) shall not apply with respect to any eligible article if a li k e or directly competitive article was not pro- duced in the United States on J anuary 1, 1995. 7. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and after receiving advice from the United States International T rade Commis- sion (the ‘ ‘Commission ’ ’) in accordance with section 503(e), I have de- termined to designate certain articles as eligible articles when imported from any beneficiary developing country. 8 . Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2008 certain beneficiary developing countries exported eligible articles in q uantities exceeding the applicable competitive need limita- tions, and I therefore terminate the duty-free treatment for such articles from such beneficiary developing countries. 9. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined that the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act should be disregarded with respect to certain eligible articles from certain beneficiary developing coun- tries. 10. Pursuant to section 503(d)(1) of the 1974 Act, I have received the advice of the Commission on whether any industry in the United States is likely to be adversely affected by a waiver of the competitive need limitations provided in section 503(c)(2)(A), and I have deter- mined, based on that advice and on the considerations described in sections 501 and 502(c) (19 U.S.C. 2462(c)) of the 1974 Act, and after giving great weight to the considerations in section 503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that such waivers are in the national economic interest of the United States. Accordingly, I have determined that the competitive need limitations of section 503(c)(2)(A) of the 1974 Act should be waived with respect to certain eligible articles from certain beneficiary developing countries. 11. Pursuant to section 503(d)(5) of the 1974 Act, I have determined that certain previously granted waivers of the competitive need limita- tions of section 503(c)(2)(A) of the 1974 Act are no longer warranted due to changed circumstances. 12. Pursuant to section 503(c)(2)(E) of the 1974 Act, I have determined that the limitation provided for in section 503(c)(2)(A)(i)(II) shall not apply with respect to subheading 7202.50.00 of the H armoni z ed Tariff
