82 FR 30711 - To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes

Executive Office of the President

Federal Register Volume 82, Issue 125 (June 30, 2017)

[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Presidential Documents]
[Pages 30711-30719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14063]



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Vol. 82

Friday,

No. 125

June 30, 2017

Part VI





The President





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Proclamation 9625--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences and for Other Purposes


                        Presidential Documents 



Federal Register / Vol. 82 , No. 125 / Friday, June 30, 2017 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 30711]]

                Proclamation 9625 of June 29, 2017

                
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)(A) of the 
                Trade Act of 1974, as amended (the ``1974 Act'') (19 
                U.S.C. 2461 and 2463(a)(1)(A)), the President may, 
                after receiving the advice of the United States 
                International Trade Commission (the ``Commission''), 
                designate certain articles as eligible for preferential 
                tariff treatment under the Generalized System of 
                Preferences (GSP) when they are imported from 
                designated beneficiary developing countries.

                2. Pursuant to sections 501, 503(a)(1)(A), and 
                503(b)(5) of the 1974 Act (19 U.S.C. 2463(b)(5)), and 
                having received 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 they are imported 
                from beneficiary developing countries.

                3. Pursuant to section 503(c)(1) of the 1974 Act (19 
                U.S.C. 2463(c)(1)), the President may withdraw, 
                suspend, or limit application of the duty-free 
                treatment accorded to specified articles under the GSP 
                when imported from designated beneficiary developing 
                countries.

                4. Pursuant to section 503(c)(1) of the 1974 Act, and 
                having considered the factors set forth in sections 501 
                and 502(c) of the 1974 Act (19 U.S.C. 2462(c)), I have 
                determined to withdraw the application of duty-free 
                treatment accorded to a certain article.

                5. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)) subjects beneficiary developing 
                countries, except those designated as least-developed 
                beneficiary developing countries or beneficiary sub-
                Saharan African countries as provided in section 
                503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), 
                to competitive need limitations on the preferential 
                treatment afforded to eligible articles under the GSP.

                6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I 
                have determined that in 2016 certain beneficiary 
                developing countries exported eligible articles in 
                quantities exceeding the applicable competitive need 
                limitations. I hereby terminate the duty-free treatment 
                for such articles from such beneficiary developing 
                countries.

                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 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 any such 
                article into the United States during the preceding 
                calendar year does not exceed the 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.

[[Page 30712]]

                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 (19 U.S.C. 
                2463(c)(2)) 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 such waivers of the competitive 
                need limitations provided in section 503(c)(2) of the 
                1974 Act. I have determined, based on that advice and 
                the considerations described in sections 501 and 502(c) 
                of the 1974 Act, and having given 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 a certain eligible 
                article from a certain beneficiary developing country.

                11. Presidential Proclamation 8997 of June 27, 2013, 
                suspended Bangladesh's designation as a beneficiary 
                developing country for the purposes of the GSP. 
                Presidential Proclamation 9333 of September 30, 2015, 
                terminated Venezuela's designation as a beneficiary 
                developing country for the purposes of the GSP. These 
                proclamations made corresponding modifications to 
                general note 4 of the Harmonized Tariff Schedule of the 
                United States (HTS). Those modifications included 
                technical errors, and I have determined that 
                modifications to the HTS are necessary to correct them.

                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 Uruguay Round Agreements Act (19 U.S.C. 
                3521(b)), modified the HTS to include the schedule of 
                duty reductions necessary to carry out the Declaration. 
                Those modifications included technical errors, and I 
                have determined that modifications to the HTS are 
                necessary to correct them.

                13. Presidential Proclamation 8097 of December 29, 
                2006, implemented modifications to the HTS, pursuant to 
                section 1206(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (19 
                U.S.C. 3006(a)), to include changes to the schedule 
                considered necessary or appropriate by the Commission 
                to accomplish the purposes of section 1205(a) of the 
                1988 Act (19 U.S.C. 3005(a)). Those modifications to 
                the HTS were set out in Publication 3898 of the 
                Commission, entitled ``Modifications to the Harmonized 
                Tariff Schedule of the United States under Section 1206 
                of the Omnibus Trade and Competitiveness Act of 1988,'' 
                which was incorporated by reference into Presidential 
                Proclamation 8097. Annex I to that publication included 
                a technical error, and I have determined that a 
                modification to the HTS is necessary to correct it.

                14. Presidential Proclamation 9549 of December 1, 2016, 
                implemented modifications to the HTS, pursuant to 
                section 1206(a) of the 1988 Act, to include changes to 
                the schedule considered necessary or appropriate by the 
                Commission to accomplish the purposes of section 
                1205(a) of the 1988 Act. Those modifications to the HTS 
                were set out in Publication 4653 of the Commission, 
                entitled ``Modifications to the Harmonized Tariff 
                Schedule of the United States under Section 1206 of the 
                Omnibus Trade and Competitiveness Act of 1988 and for 
                Other Purposes,'' which was incorporated by reference 
                into Presidential Proclamation 9549. Annex I to that 
                publication included technical errors, and I have 
                determined that modifications to the HTS are necessary 
                to correct them.

                15. Section 604 of the 1974 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 
                thereunder, including removal, modification, 
                continuance, or imposition of any rate of duty or other 
                import restriction.

[[Page 30713]]

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States of America, acting under the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including title V and section 
                604 of the 1974 Act, do proclaim that:

                (1) In order to designate certain articles as eligible 
                articles when imported from a 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 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 sections B, C, and D of Annex I to this 
                proclamation.

                (3) 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 July 1, 2017.

                (4) A waiver of the application of section 503(c)(2) of 
                the 1974 Act shall apply to the article in the HTS 
                subheading and to the beneficiary developing country 
                set forth in Annex III to this proclamation, effective 
                July 1, 2017.

                (5) In order to make technical corrections necessary to 
                reflect the suspension of benefits under the GSP with 
                respect to Bangladesh and the termination of benefits 
                under the GSP with respect to Venezuela, the HTS is 
                modified as set forth in Annex IV to this proclamation.

                (6) 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, and to certain 
                goods as recommended in Publications 3898 and 4653 of 
                the Commission, the HTS is modified as set forth in 
                Annex V.

                (7) The modifications to the HTS set forth in Annexes 
                I, IV, and V 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 Annexes I, IV, and V.

                (8) 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 
                twenty-ninth day of June, in the year of our Lord two 
                thousand seventeen, and of the Independence of the 
                United States of America the two hundred and forty-
                first.
                
                

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[FR Doc. 2017-14063
Filed 6-29-17; 2:00 pm]
Billing code 7020-02-C