Proc 8323ProclamationG.W. Bush · R Quiet signal

Proclamation 8323

To Provide for Duty-free Treatment Under the Earned Import Allowance Program, And for Other Purposes

In simple terms

This proclamation modifies U.S. tariff schedules under multiple trade programs: it certifies the start of a duty-free apparel program under CAFTA-DR, expands AGOA benefits to Mauritius, suspends Bolivia's trade preferences under ATPA/ATPDEA effective December 15, 2008, updates NAFTA rules of origin with Canada, and makes technical corrections to tariff classifications for triphenyl phosphine and information technology products.

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 73 FR 72677

  3. Annex A HTS modifications effective for articles entered

  4. Annex B NAFTA rules of origin effective upon USTR Federal Register notice of Canadian completion

  5. Bolivia ATPA/ATPDEA suspension effective

  6. AGOA tariff treatment modifications and Mauritius inclusion effective

Key directives

  • Modify HTS per Annex A for CAFTA-DR duty-free apparel treatment
  • Delete HTS subheadings 9819.15.10 through 9819.15.42 effective October 31, 2008
  • Include Mauritius as lesser developed AGOA beneficiary effective October 31, 2008
  • Suspend Bolivia's ATPA/ATPDEA designation effective December 15, 2008
  • Modify NAFTA rules of origin per Annex B
  • Modify HTS for triphenyl phosphine and IT products per Annex C
  • USTR to notify Congress of proclamation and certification

Who is ordered

Prior policy

  • supersedeprevious proclamations and Executive Orders

What to expect

Immediate

  • Certification that CAFTA-DR earned import allowance program sections have taken effect
  • Notification to Congress by USTR

Near term (90d)

  • AGOA modifications for Mauritius and tariff treatment effective October 31, 2008 (already past)
  • Bolivia ATPA/ATPDEA suspension effective December 15, 2008 (within 20 days of signing)

Long term

  • CAFTA-DR earned import allowance program in effect for 10-year period from certification date
  • NAFTA rules of origin modifications pending Canadian domestic procedures completion

Risks & tensions

  • Bolivia suspension may strain bilateral relations
  • Annex A/B/C effective dates depend on unpublished annex contents—text references dates 'set forth' but not specified in body
  • NAFTA origin changes require reciprocal Canadian action, creating coordination risk
Proclamation 8323: To Provide for Duty-free Treatment Under the Earned Import Allowance Program, And for Other Purposes · Executive Orders