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Proclamation Amends SFTA Origin Rules, Makes Other FTA Changes

On May 23, 2011, the President issued a Proclamation making certain amendments to the Harmonized Tariff Schedule to implement certain rules of origin changes for the Singapore free trade agreement, revise the tariff treatment for ethyl alcohol from Peru, and make technical corrections for NAFTA.

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(Although the Proclamation has been posted to the White House Web site, the Annexes (which give details of the modifications and corrections) are not expected to be available until the Proclamation is published in the Federal Register.

See future issue of ITT for complete details on this Proclamation when the Annexes are available.)

Singapore FTA Rules of Origin for Certain Apparel Modified

The Proclamation makes certain modifications to the U.S.-Singapore Free Trade Agreement (USSFTA) rules of origin in HTS General Note 25. According to a U.S. government source, these modifications affect apparel made from certain yarns and fabrics.

Some of the changes take effect for goods entered or withdrawn from warehouse for consumption on or after February 7, 2008 and others on or after May 24, 2011 (depending on the product).

(See ITT’s Online Archives or 08/17/09 news, 09081730, for BP summary of an ITC report on the proposed USSFTA apparel rule of origin changes, which the ITC states result from determinations that these yarns and fabrics are not produced in the U.S. or Singapore in commercial quantities in a timely manner.)

Tariff Treatment for Ethyl Alcohol from Peru Modified

The Proclamation also modifies the HTS to carry out U.S. General Note 5 to U.S.-Peru Trade Promotion Agreement (USPPTA) Annex 2.3 as it relates to HTS 9901 (ethyl alcohol and ethyl tertiary-butyl ether).

(General Note 5 to Annex 2.3 provides that originating goods of Peru shall not be subject to any duty provided for in HTS 9901, provided certain specified conditions are met.)

This change is effective for originating goods of Peru entered or withdrawn from warehouse for consumption on or after January 1, 2011.

Technical Corrections on Origin to General Note 12 (NAFTA)

In addition, the Proclamation makes two technical corrections General Note 12 (NAFTA) to provide the intended rules of origin under NAFTA. (In June 2010, the President issued Proclamation 8536, which made certain technical corrections to General Note 12 (NAFTA). However, two additional errors in General Note 12 were not corrected in the June 2010 proclamation.)

These technical corrections take effect for articles entered or withdrawn from warehouse for consumption on or after October 2, 2009.

(See ITT’s Online Archives or 06/28/10 news, 10062809, for BP summary of Proclamation 8536.)