12 2 STA T .5 2 96PROCL A M AT I O N8 2 40— APR. 1 7, 2008 authorizes the P resi d e n t to desi g nate a c ountr yl isted in section 107 o f the AGO A ( 1 9U.S . C . 3 70 6) asa ‘ ‘ b eneficiary sub - Saharan African country ’ ’ if the President deter m ines that the country meets the eligi- bility re q uirements set forth in section 10 4 of the AGOA (19 U.S.C. 3703) , as w ell as the eligibility criteria set forth in section 5 0 2 of the 1974 Act (19 U.S.C. 2462). 2. Section 104 of the AGOA authorizes the President to designate a country listed in section 107 of the AGOA as an ‘‘eligible sub-Saharan African country’’ if the President determines that the country meets certain eligibility requirements. 3. Section 112(c) of the AGOA, as amended in section 6002 of the Afri- ca I n v estment Incentive Act of 2006 ( D ivision D, T itle V I, Public L aw 109 – 432) (19 U.S.C. 3721(c)), p rovides special rules for certain apparel articles imported from ‘‘lesser developed beneficiary sub-Saharan Afri- can countries.’’ 4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 1974 Act, I have determined that the R epublic of Togo (Togo) meets the eligibility requirements set forth or referenced therein, and I have decided to designate Togo as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. 5. I further determine that Togo satisfies the criterion for treatment as a ‘‘lesser developed beneficiary sub-Saharan African country’’ under section 112(c)(5)(D) of the AGOA, as amended. 6. Presidential Proclamation 8 114 of M arch 19, 2007, implemented sec- tion 112 of the AGOA, as amended. Technical corrections to the H ar- monized Tariff Schedule of the United States (HTS) are necessary to implement the intended tariff treatment. 7. Pursuant to sections 501 and 502(a) of the 1974 Act (19 U.S.C. 2461, 2462(a)), the President is authorized to designate countries as bene- ficiary developing countries, and to designate any beneficiary devel- oping country as a least-developed beneficiary developing country, for purposes of the Generalized System of Preferences (GSP) program. 8. In Ex ecutive Order 12302 of April 1, 1981, the President designated the Solomon Islands as a beneficiary developing country for purposes of the GSP program. Pursuant to section 502(a)(2) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c), I have determined that the Solomon Islands should be designated as a least-developed beneficiary developing country for purposes of the GSP program. 9. In calendar year 2006, imports from J amaica under subheading 2202.90.37 of the HTS exceeded the relevant competitive need limita- tion (C N L) set forth in 19 U.S.C. 2463(c)(2). Pursuant to section 503(c)(2)(A) of the 1974 Act, where imports of articles exceed the rel- evant CNL in a calendar year, the President shall withdraw duty-free treatment for such article by July 1 of the following year and modify the HTS accordingly. 10. On January 6, 1987, Colombia was granted a waiver of the CNL for imports under HTS subheading 1701.11.05. Despite the existing waiver of the CNL, on July 5, 2001, duty-free treatment was withdrawn in error for imports from Colombia under HTS subheading 1701.11.05 be- cause import levels exceeded the relevant CNL in calendar year 2000.
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