Executive Order 12413

by President of the United States

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.), as amended, Section 604 of the Trade Act of 1974 (19 U.S.C. 2483), and Section 503(a)(2)(A) of the Trade Agreements Act of 1979 (93 Stat. 251), and as President of the United States of America, in order to modify, as provided by Sections 504 (a) and (c) of the Trade Act of 1974 (19 U.S.C. 2464 (a) and (c)), the limitations on preferential treatment for eligible articles from countries designated as beneficiary developing countries; to adjust the original designation of eligible articles after taking into account information and advice received in fulfillment of Sections 131-134 and 503(a) of the Trade Act of 1974 (19 U.S.C. 2151-2154, 9463); to provide for the continuation, to the greatest extent possible, of preferential treatment under the Generalized System of Preferences (GSP) for articles which are currently eligible for such treatment and which are imported from countries designated as beneficiary developing countries, consistent with the changes to the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) which have resulted from the recent enactment of Public Law 97-446; and to make technical changes in the identification of certain beneficiary developing countries, it is hereby ordered as follows:

Section 1. In order to subdivide and amend the nomenclature of existing items for purposes of the GSP, the TSUS are modified as provided in Annex I, attached hereto and made a part hereof.

Sec. 2. Annex II of Executive Order No. 11888 of November 24, 1975, as amended, listing articles that are eligible for benefits of the GSP when imported from any designated beneficiary developing country, is amended by substituting therefor the new Annex II attached hereto and made a part hereof.

Sec. 3. Annex III of Executive Order No. 11888, as amended, listing articles that are eligible for benefits of the GSP when imported from all designated beneficiary countries except those specified in General Headnote 3(e)(iii) of the TSUS, is amended by substituting therefor the new Annex III, attached hereto and made a part hereof.

Sec. 4. General Headnote 3(c)(iii) of the TSUS, listing articles that are eligible for benefits of the GSP except when imported from the beneficiary countries listed opposite those articles, is modified by substituting therefor the General Headnote 3(c)(iii) set forth in Annex IV, attached hereto and made a part hereof.

Sec. 5. In order to provide staged reductions in the rates of duty for those new TSUS items created by Annex I to this Order, Annex Ill to Presidential Proclamation No. 4707 of December 11, 1979, and Annex III to Presidential Proclamation No. 4768 of June 28, 1980, are amended by Annex V to this Order, attached hereto and made a part hereof.

Sec. 6. General Headnote 3(c)(i) of the TSUS listing the designated beneficiary developing countries for purposes of the GSP is modified as provided in Annex VI, attached hereto and made a part hereof.

Sec. 7. Whenever the column 1 rate of duty in the TSUS for any item specified in Annex I to this Order is reduced to the same level as, or to a lower level than, the corresponding rate of duty inserted in the column entitled "LDDC" by Annex I of this Order, the rate of duty in the column entitled "LDDC" for such item shall be deleted from the TSUS.

Sec. 8. Annexes III and IV of Presidential Proclamation No. 4707 of December 11, 1979, and Annexes II, III and IV of Presidential Proclamation No. 4768 of June 28, 1980, are superseded to the extent inconsistent with this Order.

Sec. 9. In order to correct a typographical error in Executive Order No. 12389 of October 25, 1982, Annex II thereto is amended by deleting "effective September, 1982" from footnote 4 and inserting in lieu thereof "effective October 30, 1982." This amendment is effective with respect to articles both:

(1) imported on or after January 1, 1976, and

(2) entered, or withdrawn from warehouse for consumption, on or after October 30, 1982.

Sec. 10.

(a) The deletion, from Annex II of Executive Order No. 11888, as amended, and as further amended by Section 2 of this Order, of TSUS items 642.30, 726.60, 726.62, and 737.45, and the insertion in such Annex II of items 535.13, 642.31, 642.34, and 737.42; the deletion, from Annex III of Executive Order No. 11888, as amended, and as further amended by Section 3 of this Order, of TSUS item 737.50, and the insertion in such Annex III of items 737.43, 737.47, 737.49, and 737.51; and the deletion, from General Headnote 3(c)(iii) of the TSUS as modified by Section 4 of this Order, of "737.50 .... Hong Kong", and the insertion in such headnote of the following:

"737.43 Hong Kong
737.47 Hong Kong
Taiwan
737.49 Hong Kong
Taiwan
737.51 Hong Kong
Taiwan",

shall be effective with respect to articles that are both (1) imported on or after January 1, 1976, and (2) entered, or withdrawn from warehouse for consumption, on and after January 27, 1983.

Sec. 11. Unless otherwise specified, the remaining amendments made by this Order shall be effective with respect to articles both:

(1) imported on or after January 1, 1976, and

(2) entered, or withdrawn from warehouse for consumption, on and after March 31, 1983.

RONALD REAGAN
The White House,
March 30, 1983.

[Filed with the Office of the Federal Register, 12:17 p. m., March 31, 1983]

Note: The annexes are printed in the Federal Register of April 1, 1983.
The text of the Executive order was released by the Office of the Press Secretary on March 31.