80 FR 60247 - To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes
Executive Office of the President
Federal Register Volume 80, Issue 192 (October 5, 2015)
Page Range
60247-60256
FR Document
2015-25468
Federal Register, Volume 80 Issue 192 (Monday, October 5, 2015)
[Federal Register Volume 80, Number 192 (Monday, October 5, 2015)]
[Presidential Documents]
[Pages 60247-60256]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-25468]
[[Page 60247]]
Vol. 80
Monday,
No. 192
October 5, 2015
Part II
The President
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Proclamation 9333--To Modify Duty-Free Treatment Under the Generalized
System of Preferences and for Other Purposes
Proclamation 9334--National Breast Cancer Awareness Month, 2015
Proclamation 9335--National Cybersecurity Awareness Month, 2015
Proclamation 9336--National Disability Employment Awareness Month, 2015
Proclamation 9337--National Domestic Violence Awareness Month, 2015
Proclamation 9338--National Substance Abuse Prevention Month, 2015
Proclamation 9339--National Youth Justice Awareness Month, 2015
Executive Order 13708--Continuance or Reestablishment of Certain
Federal Advisory Committees
Presidential Documents
Federal Register / Vol. 80, No. 192 / Monday, October 5, 2015 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 60249]]
Proclamation 9333 of September 30, 2015
To Modify Duty-Free Treatment Under the
Generalized System of Preferences and for Other
Purposes
By the President of the United States of America
A Proclamation
1. Pursuant to sections 501 and 503(a)(1)(B) of the
Trade Act of 1974, as amended (the ``1974 Act'') (19
U.S.C. 2461 and 2463(a)(1)(B)), the President may
designate certain articles as eligible for preferential
tariff treatment under the Generalized System of
Preferences (GSP) when imported from a least-developed
beneficiary developing country if, after receiving the
advice of the United States International Trade
Commission (the ``Commission''), the President
determines that such articles are not import-sensitive
in the context of imports from least-developed
beneficiary developing countries.
2. Pursuant to sections 501, 503(a)(1)(B), and
503(b)(5) of the 1974 Act, as amended (19 U.S.C. 2461,
2463(a)(1)(B), and 2463(b)(5)), and after receiving
advice from the Commission in accordance with section
503(e) of the 1974 Act (19 U.S.C. 2463(e)), I have
determined to designate certain articles as eligible
articles when imported from a least-developed
beneficiary developing country.
3. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C.
2463(c)(2)(C)) provides that a country that is no
longer treated as a beneficiary developing country with
respect to an eligible article may be redesignated as a
beneficiary developing country with respect to such
article, subject to the considerations set forth in
sections 501 and 502 of the 1974 Act (19 U.S.C. 2461
and 2462), if imports of such article from such country
did not exceed the competitive need limitations in
section 503(c)(2)(A) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)) during the preceding calendar year.
4. Pursuant to section 503(c)(2)(C) of the 1974 Act,
and having taken into account the considerations set
forth in sections 501 and 502 of the 1974 Act, I have
determined to redesignate certain countries as
beneficiary developing countries with respect to
certain eligible articles that previously had been
imported in quantities exceeding the competitive need
limitations of section 503(c)(2)(A) of the 1974 Act.
5. Section 503(d)(4)(B)(ii) of the 1974 Act (19 U.S.C.
2463(d)(4)(B)(ii)) provides that the President should
revoke any waiver of the application of the competitive
need limitations that has been in effect with respect
to an article for 5 years or more if the beneficiary
developing country has exported to the United States
during the preceding calendar year an amount that
exceeds the quantity set forth in section
503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of
the 1974 Act (19 U.S.C. 2463(d)(4)(B)(ii)(I) and 19
U.S.C. 2463(d)(4)(B)(ii)(II)).
6. Pursuant to section 503(d)(4)(B)(ii) of the 1974
Act, I have determined that in 2014 certain beneficiary
developing countries exported eligible articles for
which a waiver has been in effect for 5 years or more
in quantities exceeding the applicable limitation set
forth in section 503(d)(4)(B)(ii)(I) or section
503(d)(4)(B)(ii)(II) of the 1974 Act, and I therefore
revoke said waivers.
7. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)(i)) provides that the President may
disregard the competitive need limitation provided
[[Page 60250]]
in section 503(c)(2)(A)(i)(II) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any
eligible article from any beneficiary developing
country, if the aggregate appraised value of the
imports of such article into the United States during
the preceding calendar year does not exceed an amount
set forth in section 503(c)(2)(F)(ii) of the 1974 Act
(19 U.S.C. 2463(c)(2)(F)(ii)).
8. Pursuant to section 503(c)(2)(F)(i) of the 1974 Act,
I have determined that the competitive need limitation
provided in section 503(c)(2)(A)(i)(II) of the 1974 Act
should be disregarded with respect to certain eligible
articles from certain beneficiary developing countries.
9. Section 503(d)(1) of the 1974 Act (19 U.S.C.
2463(d)(1)) provides that the President may waive the
application of the competitive need limitations in
section 503(c)(2) of the 1974 Act with respect to any
eligible article from any beneficiary developing
country if certain conditions are met.
10. Pursuant to section 503(d)(1) of the 1974 Act, I
have received the advice of the Commission on whether
any industry in the United States is likely to be
adversely affected by waivers of the competitive need
limitations provided in section 503(c)(2) of the 1974
Act, and I have determined, based on that advice and on
the considerations described in sections 501 and 502(c)
of the 1974 Act (19 U.S.C. 2461 and 2462(c)) and after
giving great weight to the considerations in section
503(d)(2) of the 1974 Act (19 U.S.C. 2463(d)(2)), that
such waivers are in the national economic interest of
the United States. Accordingly, I have determined that
the competitive need limitations of section 503(c)(2)
of the 1974 Act should be waived with respect to
certain eligible articles from certain beneficiary
developing countries.
11. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e))
provides that the President shall terminate the
designation of a country as a beneficiary developing
country if the President determines that such country
has become a ``high income'' country as defined by the
official statistics of the International Bank for
Reconstruction and Development. Termination is
effective on January 1 of the second year following the
year in which such determination is made.
12. Pursuant to section 502(e) of the 1974 Act, I have
determined that Seychelles, Uruguay, and Venezuela have
become ``high income'' countries. Accordingly, I am
terminating the designation of these countries as
beneficiary developing countries for purposes of the
GSP, effective January 1, 2017, and I will so notify
the Congress under section 502(f) of the 1974 Act (19
U.S.C. 2462(f)).
13. Section 506A(a)(1) of the 1974 Act (19 U.S.C.
2466a(a)(1)) authorizes the President to designate a
country listed in section 107 of the African Growth and
Opportunity Act (AGOA) (19 U.S.C. 3706) as a
beneficiary sub-Saharan African country eligible for
the benefits described in section 506A(b) of the 1974
Act (19 U.S.C. 2466a(b)), if the President determines
that the country meets the eligibility requirements set
forth in section 104 of the AGOA (19 U.S.C. 3703) and
the eligibility criteria set forth in section 502 of
the 1974 Act, subject to the authority granted to the
President under subsections (a), (d), and (e) of
section 502 of the 1974 Act.
14. Pursuant to section 502(e) of the 1974 Act, I have
determined that Seychelles has become a ``high income''
country and its designation as a beneficiary sub-
Saharan African country is no longer within the
authority granted to the President under section 502 of
the 1974 Act. Accordingly, pursuant to section
506A(a)(1) of the 1974 Act (19 U.S.C. 2466a(a)(1)), I
have determined that Seychelles is no longer eligible
for benefits as a beneficiary sub-Saharan African
country for the purpose of section 506A of the 1974
Act, effective January 1, 2017.
15. Section 604 of the 1974 Act (19 U.S.C. 2483)
authorizes the President to embody in the Harmonized
Tariff Schedule of the United States (HTS) the
substance of the relevant provisions of that Act, and
of other Acts
[[Page 60251]]
affecting import treatment, and actions thereunder,
including removal, modification, continuance, or
imposition of any rate of duty or other import
restriction.
16. The short form name of ``Macedonia, Former Yugoslav
Republic of'' has been changed to ``Macedonia,'' and I
have determined that general note 4(a) to the HTS
should be modified to reflect this change.
NOW, THEREFORE, I, BARACK OBAMA, President of the
United States of America, by virtue of the authority
vested in me by the Constitution and the laws of the
United States of America, including but not limited to
title V and section 604 of the 1974 Act, do proclaim
that:
(1) In order to designate certain articles as eligible
articles only when imported from a least-developed
beneficiary developing country for purposes of the GSP,
the Rates of Duty 1-Special subcolumn for the
corresponding HTS subheadings is modified as set forth
in section A of Annex I to this proclamation.
(2) In order to redesignate certain articles as
eligible articles for purposes of the GSP, the Rates of
Duty 1-Special subcolumn for the corresponding HTS
subheadings and general note 4(d) to the HTS are
modified as set forth in section B of Annex I to this
proclamation.
(3) In order to provide that one or more countries
should no longer be treated as beneficiary developing
countries with respect to one or more eligible articles
for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for the corresponding HTS subheadings and
general note 4(d) to the HTS are modified as set forth
in section C of Annex I to this proclamation.
(4) In order to reflect the change in the name of the
Former Yugoslav Republic of Macedonia, general note
4(a) to the HTS is modified as provided in section D of
Annex I to this proclamation.
(5) The modifications to the HTS set forth in Annex I
to this proclamation shall be effective with respect to
articles entered, or withdrawn from warehouse for
consumption, on or after the dates set forth in the
relevant sections of Annex I.
(6) The competitive need limitation provided in section
503(c)(2)(A)(i)(II) of the 1974 Act is disregarded with
respect to the eligible articles in the HTS subheadings
and to the beneficiary developing countries listed in
Annex II to this proclamation, effective October 1,
2015.
(7) A waiver of the application of section 503(c)(2) of
the 1974 Act shall apply to the articles in the HTS
subheadings and to the beneficiary developing countries
set forth in Annex III to this proclamation, effective
October 1, 2015.
(8) The designation of Seychelles as a beneficiary
developing country for purposes of the GSP is
terminated, effective on January 1, 2017.
(9) In order to reflect this termination in the HTS,
general note 4(a) to the HTS is modified by deleting
``Seychelles'' from the list of independent countries,
effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after
January 1, 2017.
(10) The designation of Seychelles as a beneficiary
sub-Saharan African country for purposes of the AGOA is
terminated, effective on January 1, 2017.
(11) In order to reflect this termination in the HTS,
general note 16(a) to the HTS is modified by deleting
``Republic of Seychelles'' from the list of beneficiary
sub-Saharan African countries, effective with respect
to articles entered, or withdrawn from warehouse for
consumption, on or after January 1, 2017.
(12) The designation of Uruguay as a beneficiary
developing country for purposes of the GSP is
terminated, effective on January 1, 2017.
[[Page 60252]]
(13) In order to reflect this termination in the HTS,
general note 4(a) to the HTS is modified by deleting
``Uruguay'' from the list of independent countries,
effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after
January 1, 2017.
(14) The designation of Venezuela as a beneficiary
developing country for purposes of the GSP is
terminated, effective on January 1, 2017.
(15) In order to reflect this termination in the HTS,
general note 4(a) to the HTS is modified by deleting
``Venezuela'' from the list of independent countries,
effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after
January 1, 2017. In addition, the Rates of Duty 1-
Special subcolumn for the corresponding HTS subheadings
and general note 4(d) to the HTS are modified as set
forth in section E of Annex I to this proclamation,
effective on such date.
(16) Any provisions of previous proclamations and
Executive Orders that are inconsistent with the actions
taken in this proclamation are superseded to the extent
of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirtieth day of September, in the year of our Lord two
thousand fifteen, and of the Independence of the United
States of America the two hundred and fortieth.
(Presidential Sig.)
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[FR Doc. 2015-25468
Filed 10-2-15; 11:15 am]
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