For Immediate Release
Office of the Press Secretary
December 21, 2004
To Take Certain Actions Under the African Growth and Opportunity Act
A Proclamation by the President of the United States of America
1. In Proclamation 7561 of May 16, 2002, I designated the Republic
of Cote d'Ivoire as a beneficiary sub-Saharan African country pursuant
to section 506A(a)(1) of the Trade Act of 1974, as amended, (the "1974
Act") (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA)). I also provided that Cote d'Ivoire would be considered a
lesser developed beneficiary sub-Saharan African country for purposes
of section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)).
2. In Proclamation 7350 of October 2, 2000, President Clinton
delegated to the United States Trade Representative (USTR) the
authority to perform the function specified in section 113(b)(1)(B) of
the AGOA (19 U.S.C. 3722(b)(1)(B)). In a Federal Register notice dated
December 17, 2003, the USTR determined that Cote d'Ivoire had adopted
an effective visa system and related procedures to prevent unlawful
transshipment and the use of counterfeit documents and that Cote
d'Ivoire had implemented and followed, or was making substantial
progress toward implementing and following, certain customs procedures
that assist the United States Customs Service in verifying the origin
of the products.
3. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3))
authorizes the President to terminate the designation of a country as a
beneficiary sub-Saharan African country for purposes of section 506A if
he determines that the country is not making continual progress in
meeting the requirements described in section 506A(a)(1) of the 1974
Act, effective on January 1 of the year following the year in which
such determination is made.
4. Pursuant to section 506A(a)(3) of the 1974 Act, I have
determined that Cote d'Ivoire is not making continual progress in
meeting the requirements described in section 506A(a)(1) of the 1974
Act. Accordingly, I have decided to terminate the designation of Cote
d'Ivoire as a beneficiary sub-Saharan African country for purposes of
section 506A of the 1974 Act, effective on January 1, 2005.
5. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (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 imposition of any
rate of duty or other import restriction.
NOW, THEREFORE, I, GEORGE W. 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 sections 506A and 604 of
the 1974 Act and section 301 of title 3, United States Code, do
proclaim that:
(1) The designation of Cote d'Ivoire as a beneficiary sub-Saharan
African country for purposes of section 506A of the 1974 Act is
terminated, effective on January 1, 2005.
(2) In order to reflect in the HTS that beginning January 1, 2005,
Cote d'Ivoire shall no longer be designated as a beneficiary
sub-Saharan African country, general note 16(a) to the HTS is modified
by deleting "Republic of Cote d'Ivoire" from the list of beneficiary
sub-Saharan African countries. Further, U.S. note 2(d) to subchapter
XIX of chapter 98 is modified by removing "Cote d'Ivoire" from the list
of lesser developed beneficiary sub-Saharan African countries, and U.S.
note 7(a) to subchapter II and U.S. note 1 to subchapter XIX of chapter
98 of the HTS are modified by deleting "Cote d'Ivoire" from the list of
beneficiary sub-Saharan African countries eligible for certain textile
and apparel benefits.
(3) The modification to the HTS made by this proclamation shall be
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after January 1, 2005.
(4) Any provisions of previous proclamations and executive orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first
day of December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and
twenty-ninth.
GEORGE W. BUSH
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