81 FR 87401 - To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes

Executive Office of the President

Federal Register Volume 81, Issue 232 (December 2, 2016)

Page Range		87401-87407
FR Document		2016-29200

Federal Register, Volume 81 Issue 232 (Friday, December 2, 2016)

[Federal Register Volume 81, Number 232 (Friday, December 2, 2016)]
[Presidential Documents]
[Pages 87401-87407]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29200]




                        Presidential Documents 



Federal Register / Vol. 81 , No. 232 / Friday, December 2, 2016 / 
Presidential Documents

[[Page 87401]]


                Proclamation 9549 of December 1, 2016

                
To Modify the Harmonized Tariff Schedule of the 
                United States and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Section 1205(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (19 
                U.S.C. 3005(a)) directs the United States International 
                Trade Commission (the ``Commission'') to keep the 
                Harmonized Tariff Schedule of the United States (HTS) 
                under continuous review and periodically to recommend 
                to the President such modifications to the HTS as the 
                Commission considers necessary or appropriate to 
                accomplish the purposes set forth in that subsection. 
                Pursuant to sections 1205(c) and (d) of the 1988 Act 
                (19 U.S.C. 3005(c) and (d)), the Commission has 
                recommended modifications to the HTS to conform the HTS 
                to amendments made to the International Convention on 
                the Harmonized Commodity Description and Coding System 
                and the Protocol thereto (the ``Convention'').

                2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) 
                authorizes the President to proclaim modifications to 
                the HTS based on the recommendations of the Commission 
                under section 1205 of the 1988 Act, if the President 
                determines that the modifications are in conformity 
                with United States obligations under the Convention and 
                do not run counter to the national economic interest of 
                the United States. I have determined that the 
                modifications to the HTS proclaimed in this 
                proclamation pursuant to section 1206(a) of the 1988 
                Act are in conformity with United States obligations 
                under the Convention and do not run counter to the 
                national economic interest of the United States.

                3. Presidential Proclamation 6763 of December 23, 1994, 
                implemented with respect to the United States the trade 
                agreements resulting from the Uruguay Round of 
                multilateral trade negotiations, including Schedule XX-
                United States of America, annexed to the Marrakesh 
                Protocol to the General Agreement on Tariffs and Trade 
                1994 (Schedule XX), that were entered into pursuant to 
                sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 
                2902(a) and (e)), and approved in section 101(a) of the 
                Uruguay Round Agreements Act (URAA) (19 U.S.C. 
                3511(a)).

                4. Pursuant to the authority provided in section 111 of 
                the URAA (19 U.S.C. 3521) and sections 1102(a) and (e) 
                of the 1988 Act, Proclamation 6763 included the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                the terms of Schedule XX. In order to ensure the 
                continuation of such rates of duty for imported goods 
                under tariff categories that are being modified to 
                reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed, including certain 
                technical or conforming changes within the tariff 
                schedule.

                5. Presidential Proclamation 7857 of December 20, 2004, 
                implemented the United States-Australia Free Trade 
                Agreement (USAFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Australia Free Trade Agreement Implementation Act (the 
                ``USAFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                or apply articles 2.3,

[[Page 87402]]

                2.5, and 2.6 of the USAFTA and the schedule of 
                reductions with respect to Australia set forth in Annex 
                2-B of the USAFTA. In order to ensure the continuation 
                of such staged reductions in rates of duty for 
                originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                6. Presidential Proclamation 7971 of December 22, 2005, 
                implemented the United States-Morocco Free Trade 
                Agreement (USMFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Morocco Free Trade Agreement Implementation Act (the 
                ``USMFTA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in rates of duty that the President 
                determined to be necessary or appropriate to carry out 
                or apply articles 2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 
                4.3.11, 4.3.13, 4.3.14, and 4.3.15 of the USMFTA and 
                the schedule of reductions with respect to Morocco set 
                forth in Annex IV of the USMFTA. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                7. Presidential Proclamations 7987 of February 28, 
                2006, 7991 of March 24, 2006, 7996 of March 31, 2006, 
                8034 of June 30, 2006, 8111 of February 28, 2007, 8331 
                of December 23, 2008, and 8536 of June 12, 2010, 
                implemented the Dominican Republic-Central America-
                United States Free Trade Agreement (the ``CAFTA-DR 
                Agreement'') with respect to the United States and, 
                pursuant to section 201 of the Dominican Republic-
                Central America-United States Free Trade Agreement 
                Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C. 
                4031), the staged reductions in rates of duty that the 
                President determined to be necessary or appropriate to 
                carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 
                3.27, and 3.28, and Annexes 3.3 (including the schedule 
                of the United States duty reductions with respect to 
                originating goods), 3.27, and 3.28 of the CAFTA-DR 
                Agreement. In order to ensure the continuation of such 
                staged reductions in rates of duty for originating 
                goods under tariff categories that are being modified 
                to reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                8. Presidential Proclamation 8332 of December 29, 2008, 
                implemented the United States-Oman Free Trade Agreement 
                (USOFTA) with respect to the United States and, 
                pursuant to section 201 of the United States-Oman Free 
                Trade Agreement Implementation Act (the ``USOFTA Act'') 
                (19 U.S.C. 3805 note), the staged reductions in duty 
                that the President determined to be necessary or 
                appropriate to carry out or apply articles 2.3, 2.5, 
                2.6, 3.2.8, and 3.2.9, and the schedule of duty 
                reductions with respect to Oman set forth in Annex 2-B 
                of the USOFTA. In order to ensure the continuation of 
                such staged reductions in rates of duty for originating 
                goods under tariff categories that are being modified 
                to reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                9. Presidential Proclamation 8341 of January 16, 2009, 
                implemented the United States-Peru Trade Promotion 
                Agreement (USPTPA) with respect to the United States 
                and, pursuant to section 201 of the United States-Peru 
                Trade Promotion Agreement Implementation Act (the 
                ``USPTPA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in duty that the President determined to be 
                necessary or appropriate to carry out or apply articles 
                2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USPTPA. In 
                order to ensure the continuation of such staged 
                reductions in rates of duty for originating goods under 
                tariff categories that are being modified to reflect 
                the amendments to the Convention, I have determined 
                that additional modifications to the HTS are necessary 
                or appropriate to carry out the duty reductions 
                previously proclaimed.

[[Page 87403]]

                10. Presidential Proclamation 8783 of March 6, 2012, 
                implemented the United States-Korea Free Trade 
                Agreement (USKFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-Korea 
                Free Trade Agreement Implementation Act (the ``USKFTA 
                Act'') (19 U.S.C. 3805 note), the staged reductions in 
                duty that the President determined to be necessary or 
                appropriate to carry out or apply articles 2.3, 2.5, 
                2.6, and the schedule of duty reductions with respect 
                to Korea set forth in Annex 2-B, Annex 4-B, and Annex 
                22-A of the USKFTA. In order to ensure the continuation 
                of such staged reductions in rates of duty for 
                originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                11. Presidential Proclamation 8894 of October 29, 2012, 
                implemented the United States-Panama Trade Promotion 
                Agreement (PTPA) with respect to the United States and, 
                pursuant to section 201 of the United States-Panama 
                Trade Promotion Agreement Implementation Act (the 
                ``PTPA Act'') (19 U.S.C. 3805 note), the staged 
                reductions in duty that the President determined to be 
                necessary or appropriate to carry out or apply articles 
                3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the 
                schedule of duty reductions with respect to Panama set 
                forth in Annex 3.3 of the PTPA. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                12. Presidential Proclamation 9466 of June 30, 2016, 
                implemented the World Trade Organization Declaration on 
                the Expansion of Trade in Information Technology 
                Products (the ``Declaration'') and, pursuant to section 
                111(b) of the URAA (19 U.S.C. 3521(b)), modified the 
                HTS to include the schedule of duty reductions 
                necessary or appropriate to carry out the Declaration. 
                These modifications to the HTS were set out in Annex I 
                to that proclamation, and included certain technical 
                errors that affected the tariff treatment accorded to 
                certain goods covered by the Declaration. I have 
                determined that modifications to the HTS are necessary 
                to correct the technical errors.

                13. Presidential Proclamation 9466 of June 30, 2016, 
                implemented amendments to sections 112(b)(3)(A) and 
                112(c)(1) of the African Growth and Opportunity Act 
                (AGOA) (19 U.S.C. 3721(b)(3)(A) and 3721(c)(1)), as 
                amended by sections 103(b)(2) and 103(b)(3) of the 
                Trade Preferences Extension Act of 2015 (TPEA) (Public 
                Law 114-27). That proclamation, in part, modified the 
                HTS to extend the regional apparel article program and 
                the third-country fabric program through September 30, 
                2025. These modifications to the HTS included certain 
                technical errors. I have determined that modifications 
                to the HTS are necessary to correct the technical 
                errors.

                14. Executive Order 13742 of October 7, 2016, 
                authorized by the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) and the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), revoked the 
                ban on the importation into the United States of any 
                jadeite or rubies mined or extracted from Burma and any 
                articles of jewelry containing jadeite or rubies mined 
                or extracted from Burma. Presidential Proclamation 9383 
                of December 21, 2015, previously modified the HTS to 
                include additional U.S. Note 4 to Chapter 71 of the 
                HTS, which prohibited the importation of any jadeite or 
                rubies mined or extracted from Burma and any articles 
                of jewelry containing jadeite or rubies mined or 
                extracted from Burma. Importation of those products was 
                previously prohibited under the Burmese Freedom and 
                Democracy Act of 2003 (the ``BFDA'') (Public Law 108-
                61), as amended by section 6(a) of the Tom Lantos Block 
                Burmese JADE Act of 2008 (the ``JADE Act'') (Public Law 
                110-286), before its expiration on July 28, 2013. I 
                have determined that the deletion of additional U.S. 
                Note 4 to Chapter 71 of the HTS is necessary to the 
                implementation of Executive Order 13742.

[[Page 87404]]

                15. Section 604 of the Trade Act of 1974, as amended 
                (the ``Trade Act'') (19 U.S.C. 2483), authorizes the 
                President to embody in the HTS the substance of the 
                relevant provisions of that Act, and of other acts 
                affecting import treatment, and actions taken 
                thereunder, including the removal, modification, 
                continuance, or imposition of any rate of duty or other 
                import restriction. Section 1206(c) of the 1988 Act, as 
                amended (19 U.S.C. 3006(c)), provides that any 
                modifications proclaimed by the President under section 
                1206(a) of that Act may not take effect before the 
                thirtieth day after the date on which the text of the 
                proclamation is published in the Federal Register.

                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 
                sections 1102 and 1206 of the 1988 Act, section 111 of 
                the URAA, section 201 of the USAFTA Act, section 201 of 
                the USMFTA Act, section 201 of the CAFTA-DR Act, 
                section 201 of the USOFTA Act, section 201 of the 
                USPTPA Act, section 201 of the USKFTA, section 201 of 
                the PTPA Act, section 112 of AGOA, section 604 of the 
                Trade Act, 50 U.S.C. 1701 et seq., and 50 U.S.C. 1601 
                et seq., do proclaim that:

                    (1) In order to modify the HTS to conform it to the 
                Convention or any amendment thereto recommended for 
                adoption, to promote the uniform application of the 
                Convention, to establish additional subordinate tariff 
                categories, and to make technical and conforming 
                changes to existing provisions, the HTS is modified as 
                set forth in Annex I of Publication 4653 of the United 
                States International Trade Commission, titled, 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States Under Section 1206 of the Omnibus 
                Trade and Competitiveness Act of 1988,'' which is 
                incorporated by reference into this proclamation.
                    (2) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Morocco under the USMFTA that are classifiable in 
                the provisions modified by Annex I of Publication 4653 
                and entered, or withdrawn from warehouse for 
                consumption, on or after each of the dates specified in 
                section (a) of Annex II of Publication 4653, the HTS is 
                modified as follows:

(a) The Rates of Duty 1-Special subcolumn is modified by inserting in such 
subcolumn for each subheading the rate of duty specified for such 
subheading in the table column titled 2017 before the symbol ``MA'' in 
parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``MA'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (3) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Australia under the USAFTA that are classifiable in 
                the provisions modified by Annex I of Publication 4653 
                and entered, or withdrawn from warehouse for 
                consumption, on or after each of the dates specified in 
                section (b) of Annex II of Publication 4653, the HTS is 
                modified as follows:

(a) The Rates of Duty 1-Special subcolumn for each of the subheadings 
enumerated in subsection B is modified by inserting in such subcolumn for 
each subheading the rate of duty specified for such subheading in the table 
column titled 2017 before the symbol ``AU'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``AU'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

[[Page 87405]]

                    (4) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                under general note 29 to the HTS that are classifiable 
                in the provisions modified by Annex I of Publication 
                4653 and entered, or withdrawn from warehouse for 
                consumption, on or after each of the dates specified in 
                subsections (c)(1) and (c)(2) of Annex II of 
                Publication 4653, the HTS is modified as follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in subsection (c)(1) 
of Annex II is modified by inserting in such subcolumn for each subheading 
the rate of duty specified in the table column titled 2017 before the 
symbol ``P'' in parentheses;

(b) The rates of duty for such subheadings set forth before the symbol 
``P'' in parentheses are deleted and the rates of duty for such dated table 
column are inserted in each enumerated subheading in lieu thereof;

(c) The Rates of Duty 1-Special subcolumn for each of the HTS subheadings 
enumerated in subsection (c)(2) of Annex II is modified by inserting in 
such subcolumn for each subheading the rate of duty specified in the table 
column titled 2017 before the symbol ``P+'' in parentheses; and

(d) For each of the subsequent dated table columns in such subsection set 
forth before the symbol ``P+'' in parentheses, are deleted and the rates of 
duty for such dated table column are inserted in each enumerated subheading 
in lieu thereof.

                    (5) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Peru under the USPTPA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section (d) 
                of Annex II of Publication 4653, the HTS is modified as 
                follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in section (d) of 
Annex II is modified by inserting in such subcolumn for each subheading the 
rate of duty specified for such subheading in the table column titled 2017 
before the symbol ``PE'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``PE'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (6) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Oman under the USOFTA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section (e) 
                of Annex II of Publication 4653, the HTS is modified as 
                follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in section (e) of 
Annex II is modified by inserting in such subcolumn for each subheading the 
rate of duty specified for such subheading in the table column titled 2017 
before the symbol ``OM'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``OM'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (7) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Korea under the USKFTA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified

[[Page 87406]]

                in section (f) of Annex II of Publication 4653, the HTS 
                is modified as follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special 
subcolumn for each of the HTS subheadings enumerated in section (f) of 
Annex II shall be modified by inserting in such subcolumn for each 
subheading the rate of duty specified for such subheading in the table 
column titled 2017 before the symbol ``KR'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``KR'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (8) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Panama under the PTPA that are classifiable in the 
                provisions modified by Annex I of Publication 4653 and 
                entered, or withdrawn from warehouse for consumption, 
                on or after each of the dates specified in section (g) 
                of Annex II of Publication 4653, the HTS is modified as 
                follows:

(a) The Rates of Duty 1-Special subcolumn is modified by inserting in such 
subcolumn for each subheading the rate of duty specified for such 
subheading in the table column titled 2017 before the symbol ``PA'' in 
parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in 
such subcolumn for such subheadings set forth before the symbol ``PA'' in 
parentheses are deleted and the rates of duty for such dated table column 
are inserted in each enumerated subheading in lieu thereof.

                    (9) In order to make technical corrections 
                necessary to provide the intended tariff treatment to 
                goods covered by the Declaration in accordance with 
                Presidential Proclamation 9466 of June 30, 2016, the 
                HTS is modified as set forth in Annex III of 
                Publication 4653.
                    (10) In order to make technical corrections 
                necessary to provide that the regional apparel article 
                program and the third-country fabric program are 
                effective through September 30, 2025, in accordance 
                with Presidential Proclamation 9466 of June 30, 2016, 
                the HTS is modified as set forth in Annex III of 
                Publication 4653.
                    (11) In order to implement Executive Order 13742 of 
                October 7, 2016, as authorized by the International 
                Emergency Economic Powers Act, National Emergencies 
                Act, the BFDA, and the JADE Act, the HTS is modified by 
                deleting additional U.S. Note 4 to Chapter 71 of the 
                HTS.
                    (12) (a) The modifications and technical 
                rectifications to the HTS set forth in Annex I of 
                Publication 4653 shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after the later of (i) January 1, 
                2017, or (ii) the thirtieth day after the date of 
                publication of this proclamation in the Federal 
                Register.

(b) The modifications to the HTS set forth in Annexes II and III of 
Publication 4653 shall be effective with respect to goods entered, or 
withdrawn from warehouse for consumption, on or after the respective dates 
specified in each section of such Annex for the goods described therein.

                    (13) 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.

[[Page 87407]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                first day of December, in the year of our Lord two 
                thousand sixteen, and of the Independence of the United 
                States of America the two hundred and forty-first.
                
                
                    (Presidential Sig.)

[FR Doc. 2016-29200
Filed 12-1-16; 12:30 pm]
Billing code 3295-F7-P

$Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Presidential Documents 87401 Presidential Documents Proclamation 9549 of December 1, 2016 To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes By the President of the United States of America A Proclamation 1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988 (the ‘‘1988 Act’’) (19 U.S.C. 3005(a)) directs the United States International Trade Commission (the ‘‘Commission’’) to keep the Harmonized Tariff Sched- ule of the United States (HTS) under continuous review and periodically to recommend to the President such modifications to the HTS as the Commis- sion considers necessary or appropriate to accomplish the purposes set forth in that subsection. Pursuant to sections 1205(c) and (d) of the 1988 Act (19 U.S.C. 3005(c) and (d)), the Commission has recommended modifica- tions to the HTS to conform the HTS to amendments made to the International Convention on the Harmonized Commodity Description and Coding System and the Protocol thereto (the ‘‘Convention’’). 2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) authorizes the President to proclaim modifications to the HTS based on the recommendations of the Commission under section 1205 of the 1988 Act, if the President deter- mines that the modifications are in conformity with United States obligations under the Convention and do not run counter to the national economic interest of the United States. I have determined that the modifications to the HTS proclaimed in this proclamation pursuant to section 1206(a) of the 1988 Act are in conformity with United States obligations under the Convention and do not run counter to the national economic interest of the United States. 3. Presidential Proclamation 6763 of December 23, 1994, implemented with respect to the United States the trade agreements resulting from the Uruguay Round of multilateral trade negotiations, including Schedule XX-United States of America, annexed to the Marrakesh Protocol to the General Agree- ment on Tariffs and Trade 1994 (Schedule XX), that were entered into pursuant to sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 2902(a) and (e)), and approved in section 101(a) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3511(a)). 4. Pursuant to the authority provided in section 111 of the URAA (19 U.S.C. 3521) and sections 1102(a) and (e) of the 1988 Act, Proclamation 6763 included the staged reductions in rates of duty that the President determined to be necessary or appropriate to carry out the terms of Schedule XX. In order to ensure the continuation of such rates of duty for imported goods under tariff categories that are being modified to reflect the amend- ments to the Convention, I have determined that additional modifications to the HTS are necessary or appropriate to carry out the duty reductions previously proclaimed, including certain technical or conforming changes sradovich on DSK3GMQ082PROD with PRES DOCS within the tariff schedule. 5. Presidential Proclamation 7857 of December 20, 2004, implemented the United States-Australia Free Trade Agreement (USAFTA) with respect to the United States and, pursuant to section 201 of the United States-Australia Free Trade Agreement Implementation Act (the ‘‘USAFTA Act’’) (19 U.S.C. 3805 note), the staged reductions in rates of duty that the President deter- mined to be necessary or appropriate to carry out or apply articles 2.3, VerDate Sep<11>2014 20:39 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02DED2.SGM 02DED2$

87402 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Presidential Documents

2.5, and 2.6 of the USAFTA and the schedule of reductions with respect
to Australia set forth in Annex 2-B of the USAFTA. In order to ensure
the continuation of such staged reductions in rates of duty for originating
goods under tariff categories that are being modified to reflect the amend-
ments to the Convention, I have determined that additional modifications
to the HTS are necessary or appropriate to carry out the duty reductions
previously proclaimed.
6. Presidential Proclamation 7971 of December 22, 2005, implemented the
United States-Morocco Free Trade Agreement (USMFTA) with respect to
the United States and, pursuant to section 201 of the United States-Morocco
Free Trade Agreement Implementation Act (the ‘‘USMFTA Act’’) (19 U.S.C.
3805 note), the staged reductions in rates of duty that the President deter-
mined to be necessary or appropriate to carry out or apply articles 2.3,
2.5, 2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15 of the USMFTA
and the schedule of reductions with respect to Morocco set forth in Annex
IV of the USMFTA. In order to ensure the continuation of such staged
reductions in rates of duty for originating goods under tariff categories
that are being modified to reflect the amendments to the Convention, I
have determined that additional modifications to the HTS are necessary
or appropriate to carry out the duty reductions previously proclaimed.
7. Presidential Proclamations 7987 of February 28, 2006, 7991 of March
24, 2006, 7996 of March 31, 2006, 8034 of June 30, 2006, 8111 of February
28, 2007, 8331 of December 23, 2008, and 8536 of June 12, 2010, implemented
the Dominican Republic-Central America-United States Free Trade Agreement
(the ‘‘CAFTA-DR Agreement’’) with respect to the United States and, pursuant
to section 201 of the Dominican Republic-Central America-United States
Free Trade Agreement Implementation Act (the ‘‘CAFTA-DR Act’’) (19 U.S.C.
4031), the staged reductions in rates of duty that the President determined
to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6,
3.21, 3.26, 3.27, and 3.28, and Annexes 3.3 (including the schedule of
the United States duty reductions with respect to originating goods), 3.27,
and 3.28 of the CAFTA-DR Agreement. In order to ensure the continuation
of such staged reductions in rates of duty for originating goods under tariff
categories that are being modified to reflect the amendments to the Conven-
tion, I have determined that additional modifications to the HTS are necessary
or appropriate to carry out the duty reductions previously proclaimed.
8. Presidential Proclamation 8332 of December 29, 2008, implemented the
United States-Oman Free Trade Agreement (USOFTA) with respect to the
United States and, pursuant to section 201 of the United States-Oman Free
Trade Agreement Implementation Act (the ‘‘USOFTA Act’’) (19 U.S.C. 3805
note), the staged reductions in duty that the President determined to be
necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6, 3.2.8,
and 3.2.9, and the schedule of duty reductions with respect to Oman set
forth in Annex 2–B of the USOFTA. In order to ensure the continuation
of such staged reductions in rates of duty for originating goods under tariff
categories that are being modified to reflect the amendments to the Conven-
tion, I have determined that additional modifications to the HTS are necessary
or appropriate to carry out the duty reductions previously proclaimed.
9. Presidential Proclamation 8341 of January 16, 2009, implemented the
United States-Peru Trade Promotion Agreement (USPTPA) with respect to
the United States and, pursuant to section 201 of the United States-Peru
Trade Promotion Agreement Implementation Act (the ‘‘USPTPA Act’’) (19
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U.S.C. 3805 note), the staged reductions in duty that the President determined
to be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6,
3.3.13, and Annex 2.3 of the USPTPA. In order to ensure the continuation
of such staged reductions in rates of duty for originating goods under tariff
categories that are being modified to reflect the amendments to the Conven-
tion, I have determined that additional modifications to the HTS are necessary
or appropriate to carry out the duty reductions previously proclaimed.

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Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Presidential Documents 87403

10. Presidential Proclamation 8783 of March 6, 2012, implemented the United
States-Korea Free Trade Agreement (USKFTA) with respect to the United
States and, pursuant to section 201 of the United States-Korea Free Trade
Agreement Implementation Act (the ‘‘USKFTA Act’’) (19 U.S.C. 3805 note),
the staged reductions in duty that the President determined to be necessary
or appropriate to carry out or apply articles 2.3, 2.5, 2.6, and the schedule
of duty reductions with respect to Korea set forth in Annex 2–B, Annex
4–B, and Annex 22–A of the USKFTA. In order to ensure the continuation
of such staged reductions in rates of duty for originating goods under tariff
categories that are being modified to reflect the amendments to the Conven-
tion, I have determined that additional modifications to the HTS are necessary
or appropriate to carry out the duty reductions previously proclaimed.
11. Presidential Proclamation 8894 of October 29, 2012, implemented the
United States-Panama Trade Promotion Agreement (PTPA) with respect to
the United States and, pursuant to section 201 of the United States-Panama
Trade Promotion Agreement Implementation Act (the ‘‘PTPA Act’’) (19 U.S.C.
3805 note), the staged reductions in duty that the President determined
to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6,
3.26, 3.27, 3.28, and 3.29, and the schedule of duty reductions with respect
to Panama set forth in Annex 3.3 of the PTPA. In order to ensure the
continuation of such staged reductions in rates of duty for originating goods
under tariff categories that are being modified to reflect the amendments
to the Convention, I have determined that additional modifications to the
HTS are necessary or appropriate to carry out the duty reductions previously
proclaimed.
12. Presidential Proclamation 9466 of June 30, 2016, implemented the World
Trade Organization Declaration on the Expansion of Trade in Information
Technology Products (the ‘‘Declaration’’) and, pursuant to section 111(b)
of the URAA (19 U.S.C. 3521(b)), modified the HTS to include the schedule
of duty reductions necessary or appropriate to carry out the Declaration.
These modifications to the HTS were set out in Annex I to that proclamation,
and included certain technical errors that affected the tariff treatment ac-
corded to certain goods covered by the Declaration. I have determined that
modifications to the HTS are necessary to correct the technical errors.
13. Presidential Proclamation 9466 of June 30, 2016, implemented amend-
ments to sections 112(b)(3)(A) and 112(c)(1) of the African Growth and
Opportunity Act (AGOA) (19 U.S.C. 3721(b)(3)(A) and 3721(c)(1)), as amend-
ed by sections 103(b)(2) and 103(b)(3) of the Trade Preferences Extension
Act of 2015 (TPEA) (Public Law 114–27). That proclamation, in part, modified
the HTS to extend the regional apparel article program and the third-country
fabric program through September 30, 2025. These modifications to the
HTS included certain technical errors. I have determined that modifications
to the HTS are necessary to correct the technical errors.
14. Executive Order 13742 of October 7, 2016, authorized by the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and the National
Emergencies Act (50 U.S.C. 1601 et seq.), revoked the ban on the importation
into the United States of any jadeite or rubies mined or extracted from
Burma and any articles of jewelry containing jadeite or rubies mined or
extracted from Burma. Presidential Proclamation 9383 of December 21, 2015,
previously modified the HTS to include additional U.S. Note 4 to Chapter
71 of the HTS, which prohibited the importation of any jadeite or rubies
mined or extracted from Burma and any articles of jewelry containing jadeite
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or rubies mined or extracted from Burma. Importation of those products
was previously prohibited under the Burmese Freedom and Democracy Act
of 2003 (the ‘‘BFDA’’) (Public Law 108–61), as amended by section 6(a)
of the Tom Lantos Block Burmese JADE Act of 2008 (the ‘‘JADE Act’’)
(Public Law 110–286), before its expiration on July 28, 2013. I have deter-
mined that the deletion of additional U.S. Note 4 to Chapter 71 of the
HTS is necessary to the implementation of Executive Order 13742.

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87404 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Presidential Documents

15. Section 604 of the Trade Act of 1974, as amended (the ‘‘Trade Act’’)
(19 U.S.C. 2483), authorizes the President to embody in the HTS the substance
of the relevant provisions of that Act, and of other acts affecting import
treatment, and actions taken thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import restriction.
Section 1206(c) of the 1988 Act, as amended (19 U.S.C. 3006(c)), provides
that any modifications proclaimed by the President under section 1206(a)
of that Act may not take effect before the thirtieth day after the date on
which the text of the proclamation is published in the Federal Register.
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 sections 1102 and 1206 of the 1988 Act, section 111 of the URAA,
section 201 of the USAFTA Act, section 201 of the USMFTA Act, section
201 of the CAFTA-DR Act, section 201 of the USOFTA Act, section 201
of the USPTPA Act, section 201 of the USKFTA, section 201 of the PTPA
Act, section 112 of AGOA, section 604 of the Trade Act, 50 U.S.C. 1701
et seq., and 50 U.S.C. 1601 et seq., do proclaim that:
(1) In order to modify the HTS to conform it to the Convention or any
amendment thereto recommended for adoption, to promote the uniform
application of the Convention, to establish additional subordinate tariff cat-
egories, and to make technical and conforming changes to existing provisions,
the HTS is modified as set forth in Annex I of Publication 4653 of the
United States International Trade Commission, titled, ‘‘Modifications to the
Harmonized Tariff Schedule of the United States Under Section 1206 of
the Omnibus Trade and Competitiveness Act of 1988,’’ which is incorporated
by reference into this proclamation.
(2) In order to provide for the continuation of previously proclaimed
staged duty reductions in the Rates of Duty 1–Special subcolumn for origi-
nating goods of Morocco under the USMFTA that are classifiable in the
provisions modified by Annex I of Publication 4653 and entered, or with-
drawn from warehouse for consumption, on or after each of the dates speci-
fied in section (a) of Annex II of Publication 4653, the HTS is modified
as follows:
(a) The Rates of Duty 1–Special subcolumn is modified by inserting in
such subcolumn for each subheading the rate of duty specified for such
subheading in the table column titled 2017 before the symbol ‘‘MA’’
in parentheses; and
(b) For each of the subsequent dated table columns, the rates of duty
in such subcolumn for such subheadings set forth before the symbol
‘‘MA’’ in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(3) In order to provide for the continuation of previously proclaimed
staged duty reductions in the Rates of Duty 1–Special subcolumn for origi-
nating goods of Australia under the USAFTA that are classifiable in the
provisions modified by Annex I of Publication 4653 and entered, or with-
drawn from warehouse for consumption, on or after each of the dates speci-
fied in section (b) of Annex II of Publication 4653, the HTS is modified
as follows:
(a) The Rates of Duty 1–Special subcolumn for each of the subheadings
enumerated in subsection B is modified by inserting in such subcolumn
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for each subheading the rate of duty specified for such subheading in
the table column titled 2017 before the symbol ‘‘AU’’ in parentheses;
and
(b) For each of the subsequent dated table columns, the rates of duty
in such subcolumn for such subheadings set forth before the symbol
‘‘AU’’ in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.

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Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Presidential Documents 87405

(4) In order to provide for the continuation of previously proclaimed
staged duty reductions in the Rates of Duty 1–Special subcolumn for origi-
nating goods under general note 29 to the HTS that are classifiable in
the provisions modified by Annex I of Publication 4653 and entered, or
withdrawn from warehouse for consumption, on or after each of the dates
specified in subsections (c)(1) and (c)(2) of Annex II of Publication 4653,
the HTS is modified as follows:
(a) The rate of duty in the HTS set forth in the Rates of Duty 1–Special
subcolumn for each of the HTS subheadings enumerated in subsection
(c)(1) of Annex II is modified by inserting in such subcolumn for each
subheading the rate of duty specified in the table column titled 2017
before the symbol ‘‘P’’ in parentheses;
(b) The rates of duty for such subheadings set forth before the symbol
‘‘P’’ in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof;
(c) The Rates of Duty 1–Special subcolumn for each of the HTS subheadings
enumerated in subsection (c)(2) of Annex II is modified by inserting in
such subcolumn for each subheading the rate of duty specified in the
table column titled 2017 before the symbol ‘‘P+’’ in parentheses; and
(d) For each of the subsequent dated table columns in such subsection
set forth before the symbol ‘‘P+’’ in parentheses, are deleted and the
rates of duty for such dated table column are inserted in each enumerated
subheading in lieu thereof.
(5) In order to provide for the continuation of previously proclaimed
staged duty reductions in the Rates of Duty 1–Special subcolumn for origi-
nating goods of Peru under the USPTPA that are classifiable in the provisions
modified by Annex I of Publication 4653 and entered, or withdrawn from
warehouse for consumption, on or after each of the dates specified in section
(d) of Annex II of Publication 4653, the HTS is modified as follows:
(a) The rate of duty in the HTS set forth in the Rates of Duty 1–Special
subcolumn for each of the HTS subheadings enumerated in section (d)
of Annex II is modified by inserting in such subcolumn for each subheading
the rate of duty specified for such subheading in the table column titled
2017 before the symbol ‘‘PE’’ in parentheses; and
(b) For each of the subsequent dated table columns, the rates of duty
in such subcolumn for such subheadings set forth before the symbol
‘‘PE’’ in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(6) In order to provide for the continuation of previously proclaimed
staged duty reductions in the Rates of Duty 1–Special subcolumn for origi-
nating goods of Oman under the USOFTA that are classifiable in the provi-
sions modified by Annex I of Publication 4653 and entered, or withdrawn
from warehouse for consumption, on or after each of the dates specified
in section (e) of Annex II of Publication 4653, the HTS is modified as
follows:
(a) The rate of duty in the HTS set forth in the Rates of Duty 1–Special
subcolumn for each of the HTS subheadings enumerated in section (e)
of Annex II is modified by inserting in such subcolumn for each subheading
the rate of duty specified for such subheading in the table column titled
2017 before the symbol ‘‘OM’’ in parentheses; and
(b) For each of the subsequent dated table columns, the rates of duty
in such subcolumn for such subheadings set forth before the symbol
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‘‘OM’’ in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(7) In order to provide for the continuation of previously proclaimed
staged duty reductions in the Rates of Duty 1–Special subcolumn for origi-
nating goods of Korea under the USKFTA that are classifiable in the provi-
sions modified by Annex I of Publication 4653 and entered, or withdrawn
from warehouse for consumption, on or after each of the dates specified

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$87406 Federal Register / Vol. 81, No. 232 / Friday, December 2, 2016 / Presidential Documents in section (f) of Annex II of Publication 4653, the HTS is modified as follows: (a) The rate of duty in the HTS set forth in the Rates of Duty 1–Special subcolumn for each of the HTS subheadings enumerated in section (f) of Annex II shall be modified by inserting in such subcolumn for each subheading the rate of duty specified for such subheading in the table column titled 2017 before the symbol ‘‘KR’’ in parentheses; and (b) For each of the subsequent dated table columns, the rates of duty in such subcolumn for such subheadings set forth before the symbol ‘‘KR’’ in parentheses are deleted and the rates of duty for such dated table column are inserted in each enumerated subheading in lieu thereof. (8) In order to provide for the continuation of previously proclaimed staged duty reductions in the Rates of Duty 1–Special subcolumn for origi- nating goods of Panama under the PTPA that are classifiable in the provisions modified by Annex I of Publication 4653 and entered, or withdrawn from warehouse for consumption, on or after each of the dates specified in section (g) of Annex II of Publication 4653, the HTS is modified as follows: (a) The Rates of Duty 1–Special subcolumn is modified by inserting in such subcolumn for each subheading the rate of duty specified for such subheading in the table column titled 2017 before the symbol ‘‘PA’’ in parentheses; and (b) For each of the subsequent dated table columns, the rates of duty in such subcolumn for such subheadings set forth before the symbol ‘‘PA’’ in parentheses are deleted and the rates of duty for such dated table column are inserted in each enumerated subheading in lieu thereof. (9) In order to make technical corrections necessary to provide the intended tariff treatment to goods covered by the Declaration in accordance with Presidential Proclamation 9466 of June 30, 2016, the HTS is modified as set forth in Annex III of Publication 4653. (10) In order to make technical corrections necessary to provide that the regional apparel article program and the third-country fabric program are effective through September 30, 2025, in accordance with Presidential Proclamation 9466 of June 30, 2016, the HTS is modified as set forth in Annex III of Publication 4653. (11) In order to implement Executive Order 13742 of October 7, 2016, as authorized by the International Emergency Economic Powers Act, National Emergencies Act, the BFDA, and the JADE Act, the HTS is modified by deleting additional U.S. Note 4 to Chapter 71 of the HTS. (12) (a) The modifications and technical rectifications to the HTS set forth in Annex I of Publication 4653 shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after the later of (i) January 1, 2017, or (ii) the thirtieth day after the date of publication of this proclamation in the Federal Register. (b) The modifications to the HTS set forth in Annexes II and III of Publication 4653 shall be effective with respect to goods entered, or with- drawn from warehouse for consumption, on or after the respective dates specified in each section of such Annex for the goods described therein. (13) 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. sradovich on DSK3GMQ082PROD with PRES DOCS VerDate Sep<11>2014 20:39 Dec 01, 2016 Jkt 241001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\02DED2.SGM 02DED2$

Document Created: 2018-02-14 09:02:00
Document Modified: 2018-02-14 09:02:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Presidential Documents
FR Citation		81 FR 87401