Proclamation 6245—To Amend the Generalized System of Preferences

1. In Proclamation 5617 of March 6, 1987, the President determined, pursuant to sections 502(c)(7) and 504 of the Trade Act of 1974, as amended (the 1974 Act) (c)(7) and 2464), that it was appropriate to provide for the suspension of preferential treatment under the Generalized System of Preferences (GSP) for articles that are eligible for such treatment and that are imported from Paraguay. In Proclamation 5955 of April 13, 1989, the President determined, pursuant to sections 502(b)(7), 502(c)(7), and 504 of the 1974 Act (b)(7), 2462(c)(7), and 2464), that it was appropriate to provide for the suspension of preferential treatment under the GSP for articles that are eligible for such treatment and that are imported from the Central African Republic. Such suspensions were the result of Presidential determinations that Paraguay and the Central African Republic had not taken and were not taking steps to afford internationally recognized worker rights, as defined in section 502(a)(4) of the 1974 Act (a)(4)).

2. After a review of the current situation in Paraguay and the Central African Republic, I have determined that Paraguay and the Central African Republic have taken or are taking steps to afford internationally recognized worker rights, as defined in section 502(a)(4) of the 1974 Act. Further, pursuant to sections 501 and 502 of the 1974 Act and 2462), and after taking into account the factors set forth in such sections, I have determined that it is appropriate to terminate the suspension of preferential treatment under the GSP for articles that are currently eligible for such treatment and that are imported from Paraguay or the Central African Republic and to redesignate Paraguay and the Central African Republic as beneficiary developing countries for purposes of the GSP.

3. Section 504(c)(6) of the 1974 Act provides that section 504(c) of the 1974 Act shall not apply to any beneficiary developing country that the President determines, based on the considerations described in sections 501 and 502(c) of the 1974 Act, to be a least-developed beneficiary developing country. Accordingly, after taking into account the considerations in sections 501 and 502(c) of the 1974 Act, I have determined that it is appropriate to restore the prior designation of the redesignated beneficiary developing country of the Central African Republic as a least-developed beneficiary developing country.

4. Pursuant to sections 502(a), (b), and (c) of the 1974 Act and having due regard for the eligibility criteria set forth therein, I have determined that it is appropriate to designate Namibia as a beneficiary developing country for purposes of the GSP.

5. Title II of the Customs and Trade Act of 1990 (the 1990 Act) (Public Law No. 101-382, 104 Stat. 629, 655) made certain conforming changes to the GSP, as enacted by Title V of the 1974 Act et seq.). To clarify the preferential tariff treatment accorded under the GSP, I have determined that it is necessary to modify provisions of the general notes to the Harmonized Tariff Schedule of the United States (HTS) to conform to the amendments to the 1974 Act made by the 1990 Act.

6. Section 503(c)(1) of the 1974 Act (c)(1)) provides that the President may not designate certain specified categories of import-sensitive articles as eligible articles under the GSP. Section 503(c)(1)(A) of the 1974 Act provides that textile and apparel articles that are subject to textile agreements are import-sensitive. Pursuant to sections 504(a) and 604 of the 1974 Act (a) and 2483), I am acting to modify the HTS to remove from eligibility under the GSP those articles that have become subject to textile agreements and to make certain conforming changes in the HTS.

7. In order to make certain technical corrections to the HTS to clarify my determinations in Proclamation 6123 of April 26, 1990, and Proclamation 6152 of June 29, 1990, I have determined that it is appropriate to modify general note 3(c)(ii)(D) to the HTS, enumerating those articles from specified beneficiary developing countries that are ineligible for preferential tariff treatment under the GSP, and to modify the Rate of Duty 1-Special subcolumn for HTS subheadings 8512.40.40 and 8708.21.00.

8. Section 604 of the 1974 Act authorizes the President to embody in the HTS the substance of the provisions of that Act, and of other acts affecting import treatment, and actions thereunder.

Now, Therefore, I, George Bush, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including but not limited to sections 501, 502, 504, and 604 of the 1974 Act and Title II of the 1990 Act, do proclaim that:

(1) In order to redesignate Paraguay and the Central African Republic and to designate Namibia as beneficiary developing countries for purposes of the GSP, general note 3(c)(ii)(A) to the HTS, listing those countries whose products are eligible for benefits of the GSP, is modified by inserting in alphabetical order in the list of independent countries "Paraguay", "Central African Republic", and "Namibia".

(2) In order to provide for the designation of the Central African Republic as a least-developed beneficiary developing country, general note 3(c)(ii)(B) to the HTS, listing those countries designated as least-developed beneficiary countries, is modified by inserting in alphabetical order "Central African Republic".

(3) In order to make certain conforming changes in the HTS to reflect amendments to the GSP made by the 1990 Act, general note 3(c)(ii) to the HTS is modified as set forth in section A of the Annex to this proclamation.

(4) In order to remove from eligibility under the GSP an article that has become subject to textile agreements, and to make certain conforming changes in the HTS, the HTS is modified as provided in section B of the Annex to this proclamation.

(5) In order to make certain technical corrections to the HTS to reflect prior Presidential determinations concerning the GSP, the HTS is modified as provided in section C of the Annex to this proclamation.

(6) Any provisions of previous proclamations and Executive orders inconsistent with the provisions of this proclamation are hereby superseded to the extent of such inconsistency.

(7)(a) The amendments made by paragraph (5) of this proclamation shall be effective with respect to articles both: (i) imported on or after January 1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on or after July 1, 1990.

(b) The amendments made by paragraph (3) of this proclamation shall be effective with respect to articles both: (i) imported on or after January 1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on or after October 1, 1990.

(c) The amendments made by paragraphs (1), (2), and (4) of this proclamation shall be effective with respect to articles both: (i) imported on or after January 1, 1976, and (ii) entered, or withdrawn from warehouse for consumption, on or after the date of publications of this proclamation in the Federal Register.

In Witness Whereof, I have hereunto set my hand this fourth day of February, in the year of our Lord nineteen hundred and ninety-one, and of the Independence of the United States of America the two hundred and fifteenth.

GEORGE BUSH