12 2 STA T .539 1 PROCL A M AT I O N8 323 — NO V .25 , 2 0 08 16.Section20 2o f t h e NAFT A Impl ement a tion Act ( 1 9U .S. C . 3 332 ) p r o v i d e s r u les for determinin gw hether goods imported into the United States originate in the territor y of a NAFTA country and thus are eligi -b le for the tariff and other treatment contemplated under the NAFTA. Section 202( q ) of the NAFTA Implementation Act (19 U.S.C. 3332(q)) authori z es the P resident to proclaim , asapartofthe H TS, the rules of origin set out in the NAFTA, and to proclaim modifications to such previously proclaimed rules of origin, sub j ect to the consultation and layover requirements of section 103(a) of the NAFTA Implementation Act (19 U.S.C. 3313(a)). 1 7 . The United States and Canada have agreed to modify certain NAFTA rules of origin and to apply the modified rules to their bilat- eral trade. It is therefore necessary to modify the NAFTA rules of ori- gin set out in Proclamation 66 4 1. 1 8 . Section 1230 of the Ta xR elief and Health Care Act of 2006 (Public L aw 109 – 432) temporarily modified the rate of duty on triphenyl phosphine. M odifications to the HTS are necessary to provide the in- tended tariff treatment. 19. Presidential Proclamation 7011 of J une 30, 1997, implemented the W orld Trade O rganization Ministerial D eclaration on Trade in Informa- tion Technology Products for the United States. Annex 1 to that procla- mation failed to include certain products. Technical corrections and conforming changes to the HTS are necessary to provide the intended tariff treatment for those products. 20. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483) (the ‘ ‘1974 Act ’ ’), authorizes the President to embody in the HTS the substance of relevant provisions of that Act, or other acts affecting im- port treatment, and of actions ta k en thereunder. NOW, TH E REFORE, I, G EORGE W. B USH, 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 sec- tion 404 of the CAFTA-DR Act, as amended, section 104 of the AGOA, section 202 of the NAFTA Implementation Act, section 203 of the ATPA, as amended, section 604 of the 1974 Act, and section 301 of title 3, United States Code, do proclaim that
(1) In order to provide the tariff treatment for eligible articles provided for in section 404 of the CAFTA-DR Act, as added by Public Law 110– 436, the HTS is modified as set forth in Annex A to this proclamation. (2) In order to reflect changes to the tariff treatment for certain apparel products under the AGOA, U.S. note 5 to subchapter X IX of chapter 98 of the HTS, subheadings 9819.15.10 through 9819.15.42, inclusive, and the superior text thereto are deleted from the HTS, effective with respect to articles entered, or withdrawn from warehouse for consump- tion, on or after October 31, 2008. (3) For purposes of section 112(c) of the AGOA, as amended, Mauritius is included as a lesser developed beneficiary sub-Saharan African country effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after October 31, 2008. (4) The designation of Bolivia as a beneficiary country for purposes of the ATPA and ATPDEA is suspended effective on December 15, 2008. Accordingly, effective on that date, general note 11(a) to the HTS is
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