THE WHITE HOUSE
Office of the Press Secretary
_________________________________________________________________
For Immediate Release January 18, 2001
EXECUTIVE ORDER
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IMPLEMENTATION OF THE AFRICAN GROWTH AND OPPORTUNITY ACT
AND THE UNITED STATES-CARIBBEAN BASIN TRADE PARTNERSHIP ACT
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the African Growth and
Opportunity Act (Title I of Public Law 106-200) (AGOA), the United
States-Caribbean Basin Trade Partnership Act (Title II of Public Law
106-200) (CBTPA), the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701
et seq.), and section 301 of title 3, United States Code, and in order to
expand international trade and enhance our economic partnership with
sub-Saharan Africa and the Caribbean Basin, promote investment and economic
development and reduce poverty in those regions, and create new economic
opportunities for American workers and businesses, it is hereby ordered as
follows:
Part I -- Implementation of the AGOA
Section 1. Apparel Articles Assembled from Fabrics or Yarn Not
Available in Commercial Quantities. The Committee for the Implementation
of Textile Agreements (the "Committee") is authorized to exercise the
authority vested in the President under section 112(b)(5)(B)(i) of the AGOA
(19 U.S.C. 3721(b)(5)(B)(i)) to determine whether yarns or fabrics cannot
be supplied by the domestic industry in commercial quantities in a timely
manner. The Committee shall establish procedures to ensure appropriate
public participation in any such determination. The Committee and the
United States Trade Representative (USTR) are jointly authorized to
exercise the authority vested in the President under sections
112(b)(5)(B)(ii), (iii), and (v) of the AGOA (19 U.S.C. 3721(b)(5)(B)(ii),
(iii), and (v)) to obtain advice from the appropriate advisory committee,
to submit a report to the appropriate Congressional committees, and to
consult
with those Congressional committees. The USTR is authorized
to exercise the authority vested in the President under section
112(b)(5)(B)(ii) of the AGOA to obtain advice from the U.S. International
Trade Commission (USITC).
Sec. 2. Handloomed, Handmade, and Folklore Articles. The Committee,
after consultation with the Commissioner, United States Customs Service
(Commissioner), is authorized to exercise the authority vested in the
President under section 112(b)(6) of the AGOA (19 U.S.C. 3721(b)(6)) to
consult with beneficiary sub-Saharan African countries and to determine
which, if any, particular textile and apparel goods shall be treated as
being handloomed, handmade, or folklore articles. The Commissioner shall
take such actions to carry out any such determination as directed by the
Committee.
Sec. 3. Certain Interlinings. The Committee is authorized to
exercise the authority vested in the President under section
112(d)(1)(B)(iii) of the AGOA (19 U.S.C. 3721(d)(1)(B)(iii)) to determine
whether U.S. manufacturers are producing interlinings in the United States
in commercial quantities. The Committee shall establish procedures to
ensure
appropriate public participation in any such determination. The
determination or determinations of the Committee under
this section shall be set forth in a notice or notices that
the Committee shall cause to be published in the Federal Register. The
Commissioner shall take such actions to carry out any such determination as
directed by the Committee.
Sec. 4. Penalties for Transshipments. The Committee, after
consultation with the Commissioner, is authorized to exercise the authority
vested in the President under section 113(b)(3) of the AGOA (19 U.S.C.
3722(b)(3)) to determine, based on sufficient evidence, whether an exporter
has engaged in transshipment and to deny for a period of 5 years all
benefits under section 112 of the AGOA (19 U.S.C. 3721) to any such
exporter, any successor of such exporter, and any
other entity owned or operated by the principal of such exporter. The
determination or determinations of the Committee under this
section shall be set forth in a notice or notices that the Committee shall
cause to be published in the Federal Register. The Commissioner shall take
such actions to carry out any such determination as directed by the
Committee.
Sec. 5. Effective Visa Systems. Pursuant to sections 112(a) and
113(a)(1) of the AGOA (19 U.S.C. 3721(a) and 3722(a)(1)), the USTR is
authorized to direct the Com-missioner to take such actions as may be
necessary to ensure that textile and apparel articles described in section
112(b) of the AGOA (19 U.S.C. 3721(b)) that are entered, or withdrawn from
warehouse, for consumption are accompanied by an appropriate export visa,
if the preferential treatment described in section 112(a) of the AGOA is
claimed with respect to such articles.
Part II -- Implementation of the CBTPA
Sec. 6. Apparel Articles Assembled from Fabrics or Yarn Not Available
in Commercial Quantities. The Committee is authorized to exercise the
authority vested in the President under section 213(b)(2)(A)(v)(II)(aa) of
the CBERA (19 U.S.C. 2703(b)(2)(A)(v)(II)(aa)), as added by section 211(a)
of the CBTPA, to determine whether yarns or fabrics cannot be supplied by
the domestic industry in commercial quantities in a timely manner. The
Committee shall establish procedures to ensure appropriate public
participation in any such determination. The Committee and the USTR are
jointly authorized to exercise the authority vested in the President under
sections 213(b)(2)(A)(v)(II)(bb), (cc), and (ee) of the CBERA (19 U.S.C.
2703(b)(2)(A)(v)(II)(bb), (cc), and (ee)), as added by section 211(a) of
the CBTPA, to obtain advice from the appropriate advisory committee, to
submit a report to the appropriate Congressional committees, and to consult
with those Congressional committees. The USTR is authorized
to exercise the authority vested in the President under section
213(b)(2)(A)(v)(II)(bb) of the CBERA to obtain advice from the USITC.
Sec. 7. Certain Interlinings. The Committee is authorized to
exercise the authority vested in the President under section
213(b)(2)(A)(vii)(II)(cc) of the CBERA (19 U.S.C.
2703(b)(2)(A)(vii)(II)(cc)), as added by section 211(a) of the CBTPA, to
determine whether U.S. manufacturers are producing interlinings in the
United States in commercial quantities. The Committee shall establish
procedures to ensure appropriate public participation in any such
determination. The deter-mination or determinations of the Committee under
this section shall be set forth in a notice or notices that the Committee
shall cause to be published in the Federal Register. The Commissioner
shall take such actions to carry out any such determination as directed by
the Committee.
Sec. 8. Handloomed, Handmade, and Folklore Articles. The Committee,
after consultation with the Commissioner, is authorized to exercise the
authority vested in the President under section 213(b)(2)(C) of the CBERA
(19 U.S.C. 2703(b)(2)(C)), as added by section 211(a) of the CBTPA, to
consult with representatives of CBTPA beneficiary countries for the purpose
of identifying particular textile and apparel goods that are mutually
agreed upon as being handloomed, hand-made, or folklore goods within the
meaning of that section. The Commissioner shall take such actions to carry
out any such determination as directed by the Committee.
Sec. 9. Penalties for Transshipments. The Committee, after
consultation with the Commissioner, is authorized to exercise the authority
vested in the President under section 213(b)(2)(D) of the CBERA (19 U.S.C.
2703(b)(2)(D)), as added by section 211(a) of the CBTPA, to determine,
based on sufficient evidence, whether an exporter has engaged in
transshipment and, if transshipment has occurred, to deny all
benefits under the CBTPA to any such exporter, and any successor of such
exporter, for a period of 2 years; to request that any CBTPA beneficiary
country through whose territory transshipment has occurred take all
necessary and appropriate actions to
prevent such transshipment; and to impose the penalty provided in section
213(b)(2)(D)(ii) of the CBERA on a CBTPA beneficiary country if the
Committee determines that such country is not taking such actions. The
determination or determinations of the Committee under this section shall
be set forth in a notice or notices that the Committee shall cause to be
published in the Federal Register. The Commissioner shall take such
actions to carry out any such determination as directed by the Committee.
Sec. 10. Bilateral Emergency Tariff Actions. The Committee is
authorized to exercise the authority vested in the President under section
213(b)(2)(E) of the CBERA (19 U.S.C. 2703(b)(2)(E)), as added by section
211(a) of the CBTPA, to take bilateral emergency tariff actions, if the
Committee determines that the conditions provided in section 213(b)(2)(E)
of the CBERA are satisfied. The Committee shall establish procedures to
ensure appropriate public participation in any such deter-mination. The
determination or determinations of the Committee under this section shall
be set forth in a notice or notices that the Committee shall cause to be
published in the Federal Register. The Commissioner shall take such
actions to carry out any such bilateral emergency tariff action as directed
by the Committee.
Part III -- General Provisions
Sec. 11. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law or equity by a party
against the United States, its agencies, its officers, or any person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
January 17, 2001.
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