Details of Presidential Proclamation on AGOA III, GSP for Iraq, Etc
On September 7, 2004, the President signed Proclamation 7808 in order to make various changes to the Harmonized Tariff Schedule (HTS) with respect to the African Growth and Opportunity Act (AGOA) Acceleration Act of 2004 (AGOA III), the Generalized System of Preferences (GSP), the North American Free Trade Agreement (NAFTA), etc.
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This is Part IV, the last part of a multi-part series of summaries of the HTS changes made by the proclamation. (See ITT's Online Archives or 09/10/04, 09/15/04, and 09/16/04 news, 04091005, 04091510, and 04091610 for Parts I - III.)
The following changes to HTS General note 12 (NAFTA) are effective for articles entered, or withdrawn from warehouse, for consumption on or after January 1, 2003:
Automated data processing machinery, etc. and parts from Canada and Mexico. General note 12 for goods originating in the territory of a NAFTA party is amended by adding a new subdivision (u) for automatic data processing machines, automatic data processing units, and parts of the foregoing that are classifiable in the tariff provisions below and described opposite such provisions, when the foregoing are imported into the customs territory of the U.S. from the territory of Canada or Mexico. Such items shall be considered NAFTA originating goods, notwithstanding the provisions of subdivision (t) (Change in Tariff Classification Rules).
New subdivision (u) provides for the following HTS numbers and descriptions:
Related changes which reference new subdivision (u) are also made by amending General Note 12(a) (i) and (ii), and by adding subdivision (v) to General Note 12(b).
Specifically, new subdivision (v) to General Note 12(b) is added to indicate that for the purposes of General Note 12, goods imported into the customs territory of the U.S. are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if [ (i); or (ii); or (iii); or (iv) ]; or:
(v) they are goods enumerated in subdivision (u) of this note and meet all other requirements of this note.
Proclamation 7808 (FR Pub 09/09/04) available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-20551.pdf
BP Notes
- It is not yet known when the International Trade Commission's (ITC's) online 2004 HTS (Supplement 1) will be amended to reflect the changes contained in Proclamation 7808.
- The link to the proclamation contained in Part II and Part III of this series of BP summaries (See ITT's Online Archives or 09/15/04 and 09/16/04 news, 04091505 and 04091610 respectively) has been corrected in the Online Archives.