82 FR 61413 - To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes
Executive Office of the President
Federal Register Volume 82, Issue 247 (December 27, 2017)
Page Range
61413-61430
FR Document
2017-28144
Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Presidential Documents]
[Pages 61413-61430]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-28144]
[[Page 61411]]
Vol. 82
Wednesday,
No. 247
December 27, 2017
Part III
The President
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Proclamation 9687--To Take Certain Actions Under the African Growth and
Opportunity Act and for Other Purposes
Executive Order 13819--Adjustments of Certain Rates of Pay
Presidential Documents
Federal Register / Vol. 82 , No. 247 / Wednesday, December 27, 2017 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 61413]]
Proclamation 9687 of December 22, 2017
To Take Certain Actions Under the African Growth
and Opportunity Act and for Other Purposes
By the President of the United States of America
A Proclamation
1. In Proclamation 9223 of December 23, 2014, President
Obama determined that the Republic of The Gambia (``The
Gambia'') was not making continual progress in meeting
the requirements described in section 506A(a)(1) of the
Trade Act of 1974, as amended (the ``Trade Act'') (19
U.S.C. 2466a(a)), as added by section 111(a) of the
African Growth and Opportunity Act (the ``AGOA'').
Thus, pursuant to section 506A(a)(3) of the Trade Act
(19 U.S.C. 2466a(a)(3)), President Obama terminated the
designation of The Gambia as a beneficiary sub-Saharan
African country for purposes of section 506A of the
Trade Act.
2. In Proclamation 9145 of June 26, 2014, President
Obama determined that the Kingdom of Swaziland was not
making continual progress in meeting the requirements
described in section 506A(a)(1) of the Trade Act. Thus,
pursuant to section 506A(a)(3) of the Trade Act,
President Obama terminated the designation of the
Kingdom of Swaziland as a beneficiary sub-Saharan
African country for purposes of section 506A of the
Trade Act.
3. Section 506A(a)(1) of the Trade Act authorizes the
President to designate a country listed in section 107
of the AGOA (19 U.S.C. 3706) as a beneficiary sub-
Saharan African country if the President determines
that the country meets the eligibility requirements set
forth in section 104 of the AGOA (19 U.S.C. 3703), as
well as the eligibility criteria set forth in section
502 of the Trade Act (19 U.S.C. 2462).
4. Pursuant to section 506A(a)(1) of the Trade Act,
based on actions that The Gambia and the Kingdom of
Swaziland have taken, I have determined that The Gambia
and the Kingdom of Swaziland meet the eligibility
requirements set forth in section 104 of the AGOA and
section 502 of the Trade Act, and I have decided to
designate The Gambia and the Kingdom of Swaziland as
beneficiary sub-Saharan African countries.
5. On April 22, 1985, the United States and Israel
entered into the Agreement on the Establishment of a
Free Trade Area between the Government of the United
States of America and the Government of Israel (the
``USIFTA''), which the Congress approved in section 3
of the United States-Israel Free Trade Area
Implementation Act of 1985 (the ``USIFTA Act'') (19
U.S.C. 2112 note).
6. Section 4(b) of the USIFTA Act provides that,
whenever the President determines that it is necessary
to maintain the general level of reciprocal and
mutually advantageous concessions with respect to
Israel provided for by the USIFTA, the President may
proclaim such withdrawal, suspension, modification, or
continuance of any duty, or such continuance of
existing duty-free or excise treatment, or such
additional duties, as the President determines to be
required or appropriate to carry out the USIFTA.
7. In order to maintain the general level of reciprocal
and mutually advantageous concessions with respect to
agricultural trade with Israel, on July 27, 2004, the
United States entered into an agreement with Israel
concerning
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certain aspects of trade in agricultural products
during the period January 1, 2004, through December 31,
2008 (the ``2004 Agreement'').
8. In Proclamation 7826 of October 4, 2004, consistent
with the 2004 Agreement, President Bush determined,
pursuant to section 4(b) of the USIFTA Act, that, in
order to maintain the general level of reciprocal and
mutually advantageous concessions with respect to
Israel provided for by the USIFTA, it was necessary to
provide duty-free access into the United States through
December 31, 2008, for specified quantities of certain
agricultural products of Israel.
9. Each year from 2008 through 2016, the United States
and Israel entered into agreements to extend the period
that the 2004 Agreement was in force for 1-year periods
to allow additional time for the two governments to
conclude an agreement to replace the 2004 Agreement.
10. To carry out the extension agreements, the
President in Proclamation 8334 of December 31, 2008;
Proclamation 8467 of December 23, 2009; Proclamation
8618 of December 21, 2010; Proclamation 8770 of
December 29, 2011; Proclamation 8921 of December 20,
2012; Proclamation 9072 of December 23, 2013;
Proclamation 9223 of December 23, 2014; Proclamation
9383 of December 21, 2015; and Proclamation 9555 of
December 15, 2016 modified the Harmonized Tariff
Schedule of the United States (the ``HTS'') to provide
duty-free access into the United States for specified
quantities of certain agricultural products of Israel,
each time for an additional 1-year period.
11. On December 5, 2017, the United States entered into
an agreement with Israel to extend the period that the
2004 Agreement is in force through December 31, 2018,
and to allow for further negotiations on an agreement
to replace the 2004 Agreement.
12. Pursuant to section 4(b) of the USIFTA Act, I have
determined that it is necessary, in order to maintain
the general level of reciprocal and mutually
advantageous concessions with respect to Israel
provided for by the USIFTA, to provide duty-free access
into the United States through the close of December
31, 2018, for specified quantities of certain
agricultural products of Israel, as provided in Annex I
of this proclamation.
13. Section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (19
U.S.C. 3006(a)) authorizes the President to proclaim
modifications to the HTS based on the recommendations
of the United States International Trade Commission
(the ``Commission'') under section 1205 of the 1988 Act
(19 U.S.C. 3005) if he determines that the
modifications are in conformity with United States
obligations under the International Convention on the
Harmonized Commodity Description and Coding System (the
``Convention'') and do not run counter to the national
economic interest of the United States. The Commission
has recommended modifications to the HTS pursuant to
section 1205 of the 1988 Act to conform the HTS to
amendments made to the Convention.
14. Proclamation 7987 of February 28, 2006, implemented
the Dominican Republic-Central America-United States
Free Trade Agreement (the ``CAFTA-DR'') 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 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 United States duty
reductions with respect to originating goods), 3.27,
and 3.28 of the CAFTA-DR.
15. The United States, Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Honduras, and
Nicaragua (the ``CAFTA-DR countries'') are parties to
the Convention. Because changes to the Convention are
reflected in slight differences of form between the
national tariff schedules of the United States and the
other CAFTA-DR countries, Annexes 4.1, 3.25, and 3.29
of the CAFTA-DR must be changed to ensure that the
tariff and certain
[[Page 61415]]
other treatment accorded under the CAFTA-DR to
originating goods will continue to be provided under
the tariff categories that were proclaimed in
Proclamation 7987. The United States and the other
CAFTA-DR countries have agreed to make these changes.
16. Section 201 of the CAFTA-DR Act authorizes the
President to proclaim such modifications or
continuation of any duty, such continuation of duty-
free or excise treatment, or such additional duties, as
the President determines 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 United States duty reductions with respect
to originating goods), 3.27, and 3.28 of the CAFTA-DR.
17. I have determined that the modifications to the HTS
proclaimed pursuant to section 201 of the CAFTA-DR Act
and section 1206(a) of the 1988 Act (19 U.S.C. 3006(a))
are necessary or appropriate to ensure the continuation
of tariff and certain other treatment accorded
originating goods under tariff categories modified in
Proclamation 9549 and to carry out the duty reductions
proclaimed in Proclamation 7987.
18. In Proclamation 8618 of December 21, 2010, pursuant
to section 111(b) of the Uruguay Round Agreements Act
(the ``URAA'') (19 U.S.C. 3521(b)), President Obama
proclaimed the modification of Schedule XX-United
States of America, annexed to the Marrakesh Protocol to
the General Agreement on Tariffs and Trade 1994 (``GATT
1994''), to reflect the implementation by the United
States of the multilateral agreement on certain
pharmaceuticals and chemical intermediates negotiated
under the auspices of the World Trade Organization. In
addition, President Obama proclaimed modifications to
the pharmaceuticals appendix to the HTS to reflect the
duty eliminations provided for in that agreement. I
have determined, pursuant to section 604 of the Trade
Act, that it is necessary to modify the annex of
Proclamation 8618, as provided in Annex II of this
proclamation, to correct one inadvertent omission so
that the intended tariff treatment is provided.
19. In Proclamation 6763 of December 23, 1994, pursuant
to section 111(a) of the URAA (19 U.S.C. 3521(a)),
President Clinton proclaimed the modification of duties
to carry out Schedule XX-United States of America,
annexed to the Marrakesh Protocol to the GATT 1994.
These modifications were set out in the annex of the
proclamation, including the addition of General Note 13
and of the Pharmaceutical Appendix to the HTS. In
Proclamation 8097 of December 29, 2006, pursuant to
section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)),
President Bush proclaimed modifications to 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. These
modifications to the HTS were set out in Annex I of
Publication 3898 of the Commission, which was
incorporated by reference into the proclamation. In
Proclamation 9466 of June 30, 2016, pursuant to section
111(b) of the URAA (19 U.S.C. 3521(b)), President Obama
proclaimed modifications to the tariff categories and
rates of duty set forth in the HTS to implement the
World Trade Organization Declaration on the Expansion
of Trade in Information Technology Products
(``Declaration''). These modifications were set out in
Annexes I and II of Proclamation 9466. I have
determined, pursuant to section 604 of the Trade Act
(19 U.S.C. 2483), that it is necessary to modify Annex
I of Proclamation 9466, as provided in Annex II of this
proclamation, to correct one inadvertent omission so
that the intended tariff treatment is provided and to
make certain additional conforming changes to Annex I
of Proclamation 9466.
20. In Proclamation 9549 of December 1, 2016, pursuant
to section 1206(a) of the 1988 Act, President Obama
proclaimed modifications to the HTS to conform it with
the Convention in order to promote the uniform
application of the Convention. These modifications to
the HTS were set out in Annex I of Publication 4653 of
the Commission, which was incorporated by reference
into the proclamation. I have determined that it is
necessary
[[Page 61416]]
to make certain additional changes to the HTS to
conform it with the Convention.
21. Sections 502(d)(1) and 503(c)(1) of the Trade Act
(19 U.S.C. 2462(d)(1) and 2463(c)(1)), provide that the
President may withdraw, suspend, or limit the
application of the duty-free treatment accorded under
the Generalized System of Preferences (the ``GSP'')
with respect to any country and any article upon
consideration of the factors set forth in sections 501
and 502(c) of the Trade Act (19 U.S.C. 2461 and
2462(c)).
22. Pursuant to sections 502(d)(1) and 503(c)(1) of the
Trade Act and having considered the factors set forth
in sections 501 and 502(c) of such Act, including, in
particular, section 502(c)(5) (19 U.S.C. 2462(c)(5)) on
the extent to which a designated beneficiary developing
country is providing adequate and effective protection
of intellectual property rights, I have determined that
it is appropriate to suspend the duty-free treatment
accorded under the GSP to certain eligible articles
that are the product of Ukraine, as provided in Annex
III of this proclamation.
23. Section 502 of the Trade Act (19 U.S.C. 2462),
authorizes the President to designate countries as
beneficiary developing countries for purposes of the
GSP. Section 502(f)(1)(A) of the Trade Act (19 U.S.C.
2462(f)(1)(A)) requires the President to notify the
Congress before designating any country as a
beneficiary developing country.
24. In Proclamation 8788 of March 26, 2012, after
having considered the factors set forth in section
502(b)(2)(E) of the Trade Act (19 U.S.C.
2462(b)(2)(E)), President Obama suspended Argentina's
designation as a GSP beneficiary developing country
because it had not acted in good faith in enforcing
arbitral awards in favor of United States citizens or a
corporation, partnership, or association that is 50
percent or more beneficially owned by United States
citizens.
25. Pursuant to section 502(a)(1) of the Trade Act, and
taking into account the factors set forth in section
502(b) (19 U.S.C. 2462(b)), in particular section
502(b)(2)(E), I have determined that the suspension
pursuant to Proclamation 8788 of Argentina's
designation as a GSP beneficiary developing country
should end.
26. Section 604 of 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
thereunder, including removal, modification,
continuance, or imposition of any rate of duty or other
import restriction.
27. Section 1206(c) of the 1988 Act (19 U.S.C. 3006(c))
provides that any modifications proclaimed by the
President under section 1206(a) of the 1988 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, DONALD J. TRUMP, 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
section 506A(a)(1) of the Trade Act (19 U.S.C.
2466a(a)(1)); section 4(b) of the USIFTA Act (19 U.S.C.
2112 note); section 1206(a) of the 1988 Act (19 U.S.C.
3006(a)); section 201 of the CAFTA-DR Act (19 U.S.C.
4031); section 604 of the Trade Act (19 U.S.C. 2483);
and sections 502(a)(1), 502(d)(1), and 503(c)(1) of the
Trade Act (19 U.S.C. 2462(a)(1), 2462(d)(1), and
2463(c)(1)) do proclaim that:
(1) The Gambia and the Kingdom of Swaziland are
designated as beneficiary sub-Saharan African
countries.
(2) In order to reflect this designation in the HTS,
general note 16(a) and U.S. note 1 to subchapter XIX of
chapter 98 to the HTS are each modified by inserting
``The Gambia'' and ``Swaziland,'' in alphabetical
sequence, in the list of beneficiary sub-Saharan
African countries. Further, note 2(d) to subchapter XIX
of chapter 98 is modified by inserting ``The
[[Page 61417]]
Gambia'' and ``Swaziland,'' in alphabetical sequence,
in the list of lesser developed beneficiary sub-Saharan
African countries.
(3) In order to implement U.S. tariff commitments
under the 2004 US-Israel Agreement through December 31,
2018, the HTS is modified as provided in Annex I of
this proclamation.
(4) The modifications to the HTS set forth in Annex I
of this proclamation shall be effective with respect to
eligible agricultural products of Israel that are
entered, or withdrawn from warehouse for consumption,
on or after January 1, 2018.
(5) The provisions of subchapter VIII of chapter 99 of
the HTS, as modified by Annex I of this proclamation,
shall continue in effect through December 31, 2018.
(6) In order to provide generally for the
modifications in the rules for determining whether
goods imported into the customs territory of the United
States are eligible for preferential tariff treatment
under the CAFTA-DR, to provide preferential tariff
treatment for certain other goods under the CAFTA-DR,
and to make technical and conforming changes in the
general notes to the HTS, the HTS is modified as set
forth in Annex II of this proclamation.
(7) The modifications to the HTS made by paragraph (6)
of this proclamation shall enter into effect on the
date, as announced by the United States Trade
Representative in the Federal Register, that the
applicable conditions set forth in the CAFTA-DR have
been fulfilled, and shall be effective with respect to
goods entered, or withdrawn from warehouse for
consumption, on or after that date.
(8) In order to provide the intended tariff treatment
with respect to the modifications to the
pharmaceuticals appendix to the HTS, effective with
respect to goods entered, or withdrawn from warehouse
or consumption, on or after January 1, 2018, and with
respect to goods for which entry is unliquidated or
otherwise not final as of that date, subheading
2843.29.01 is modified by inserting the symbol, ``K'',
in alphabetical sequence, into the parenthetical
expression in the Rates of Duty 1-Special subcolumn.
(9) In order to provide the intended tariff treatment
with respect to the addition of the pharmaceuticals
appendix to the HTS, effective with respect to goods
entered, or withdrawn from warehouse or consumption, on
or after January 1, 2018, and with respect to goods for
which entry is unliquidated or otherwise not final as
of that date, subheading 3907.99.50 is modified by
inserting the symbol, ``K'', in alphabetical sequence,
into the parenthetical expression in the Rates of Duty
1-Special subcolumn.
(10) In order to reflect certain additional conforming
changes to Annex I of Proclamation 9466, the subheading
9030.33.34 of the HTS is modified by inserting the
symbol, ``C'', in alphabetical sequence, into the
parenthetical expression in the Column 1-Special Rates
of Duty subcolumn.
(11) The modifications to the HTS made by paragraph
(10) of this proclamation shall be effective with
respect to goods entered, or withdrawn from warehouse
for consumption, on or after July 1, 2016.
(12) In order to reflect certain additional conforming
changes to the HTS, additional U.S. note 1 to chapter
21 of the HTS is modified by deleting ``2202.90.30,
2202.90.35, 2202.90.36 and 2202.90.37'' and inserting
``2202.99.30, 2202.99.35, 2202.99.36 and 2202.99.37''
in lieu thereof.
(13) The modifications to the HTS made by paragraph
(12) of this proclamation shall be effective with
respect to goods entered, or withdrawn from warehouse
for consumption, on the thirtieth day after the date of
publication of this proclamation in the Federal
Register.
(14) In order to provide that Ukraine should no longer
be treated as a beneficiary developing country with
respect to certain eligible articles
[[Page 61418]]
for purposes of the GSP, the HTS is modified as
provided in Annex III of this proclamation.
(15) In order to reflect the suspension of certain
benefits under the GSP with respect to Ukraine, the
modifications made in Annex III shall be effective with
respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date that is
120 days after the date of publication of this
proclamation in the Federal Register.
(16) In order to reflect in the HTS the termination of
the suspension of Argentina's designation as a GSP
beneficiary developing country, the HTS is modified as
provided in Annex IV of this proclamation.
(17) The modifications to the HTS made by paragraph
(16) of this proclamation shall be effective with
respect to articles entered, or withdrawn from
warehouse for consumption, on or after January 1, 2018.
(18) 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-second day of December, in the year of our Lord
two thousand seventeen, and of the Independence of the
United States of America the two hundred and forty-
second.
(Presidential Sig.)
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[FR Doc. 2017-28144
Filed 12-26-17; 11:15 a.m.]
Billing code 7020-02-C