123STA T . 3 6 6 5PROCL A M AT I O N8 3 94—JU N E 29 , 2 0 09 Schedul e oft he Uni ted St a te s(HT S )b ecause no li k eo r directl y co m-p etiti v e article w as produced in the United States on J anuary 1, 1 9 9 5. 1 3 . Section 20 0 4 (d)( 8 )( A ) of the M iscellaneous Trade and Technical C orrections Act of 2004 ( P ublic L aw 108 – 429, 118 Stat. 2434) amended subheadin g 9804.00. 7 0 of the HTS to provide the tariff treatment for certain articles imported by or on the account of returning United States residents. I have determined that it is appropriate to make con- forming changes to note 4 to subchapter I V of chapter 98 of the HTS to reflect that amendment. 14. O n June 6 , 2003, the United States and Chile entered into the United States-Chile F ree Trade Agreement (USCFTA), which the Con- gress approved in section 101(a) of the United States-Chile Free Trade Agreement Implementation Act (the ‘ ‘USCFTA Act ’ ’) (19 U.S.C. 3805 note). Proclamation 8334 of D ecember 31, 2008, e x ercised authority under the USCFTA Act by modifying the HTS to provide for an accel- erated schedule of duty elimination for specific originating goods of Chile. Proclamation 8334 inadvertently omitted modifications to the HTS necessary to implement the accelerated schedule. I have deter- mined that technical corrections to the HTS are necessary to provide for the intended tariff treatment. 15. Presidential Proclamation 8332 of December 29, 2008, implemented the tariff treatment called for under certain provisions of the United States-Oman Free Trade Agreement (USOFTA). I have determined that a technical correction to the HTS is necessary to provide for the in- tended tariff treatment. 16. Section 604 of the 1974 Act (19 U.S.C. 2483) authori z es the Presi- dent to embody in the HTS the substance of the relevant provisions of that Act, and of other Acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or impo- sition of any rate of duty or other import restriction. N O W ,TH ER EFORE, I, B ARAC K OBAMA, President of the United States of America, acting under the authority vested in me by the Con- stitution and the laws of the United States of America, including but not limited to title V and section 604 of the 1974 Act, do proclaim that
(1) In order to provide that one or more countries should no longer be treated as beneficiary developing countries with respect to one or more eligible articles for purposes of the G SP, general note 4(d) to the HTS is modified as set forth in section A of Annex I to this proclamation. (2) In order to provide that one or more countries should no longer be treated as beneficiary developing countries with respect to certain eligi- ble articles for purposes of the GSP, the Rates of Duty 1-Special sub- column for the corresponding HTS subheadings is modified as set forth in section B of Annex I to this proclamation. (3) In order to designate certain articles as eligible articles for purposes of the GSP, the Rates of Duty 1-Special subcolumn for the cor- responding HTS subheadings is modified as set forth in section C of Annex I to this proclamation. (4) The competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with respect to the eli- gible articles in the HTS subheadings and to the beneficiary developing countries listed in Annex II to this proclamation.
