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Executive Order 12389 -- Amending the Generalized System of Preferences

October 25, 1982

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, and to adjust the original designation of eligible articles after taking into account information and advice received in fulfillment of section 503(a) of the Trade Act of 1974 (19 U.S.C. 2463(a)), it is hereby ordered as follows:

Section 1. In order to subdivide and amend the nomenclature of existing items for purposes of the Generalized System of Preferences (GSP), the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) are modified as provided in Annex I to this Order, 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 inserting in numerical sequence TSUS item 690.15.

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 developing countries except those specified in General Headnote 3(c)(iii) of the TSUS, is amended as follows:

(a) by deleting TSUS item 386.09 and inserting in numerical sequence TSUS item 386.13; and

(b) by deleting TSUS item 690.15.

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 developing countries listed opposite those articles, is modified as follows:

(a) by deleting the TSUS item number and country ``386.09 . . . Taiwan'' and inserting in lieu thereof ``386.13 . . . Taiwan''; and

(b) by deleting ``690.15 . . . Romania''.

Sec. 5. In order to provide staged reductions in the rates of duty for the new TSUS items created by Annex I to this order, Annex III to Proclamation 4707 of December 11, 1979, is amended by Annex II to this Order, attached hereto and made a part hereof.

Sec. 6. 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 to this Order, the rate of duty in the column entitled ``LDDC'' for such item shall be deleted from the TSUS.

Sec. 7. Executive Order No. 12371 of July 12, 1982, modified the TSUS for purposes of the GSP by creating new items providing for solid-state electronic watches, clocks, and modules, and by renumbering certain items. As a result of that renumbering a conforming change must be made to headnote 1 of subpart C, part 4 of schedule 6 and headnote 2(ii) of part 7 of schedule 8 of the TSUS. Accordingly, such headnotes are modified by deleting ``item 688.45'' and by inserting in lieu thereof ``item 688.43''.

Sec. 8. In order to make retroactive certain changes in regard to wrapper tobacco made by Annexes I and II of Executive Order No. 12354 of March 30, 1982, creating TSUS items 170.10 and 170.15, modifying headnote 2 of part 13, schedule 1 of the TSUS, and listing such articles as eligible for benefits of the GSP when imported from any designated beneficiary developing country, such changes are hereby made effective with respect to articles both: (1) imported on and after January 1, 1976, and (2) entered, or withdrawn from warehouse for consumption, on and after July 4, 1981.

Sec. 9. (a) The amendments and modifications made by Sections 2, 3(b), and 4(b) of this Order are effective with respect to articles both: (1) imported on and after January 1, 1976, and (2) entered, or withdrawn from warehouse for consumption, on and after March 31, 1982.

(b) The amendments and modifications made by Sections 1, 3(a), 4(a), 5, 6, and 7 of this Order shall be effective with respect to articles both: (1) imported on and after January 1, 1976, and (2) entered, or withdrawn from warehouse for consumption, on and after the third day following publication of this Order in the Federal Register.

Ronald Reagan

The White House,

October 25, 1982.

[Filed with the Office of the Federal Register, 4:39 p.m., October 25, 1982]

Note: The annexes to the Executive order are printed in the Federal Register of October 27, 1982.