83 FR 37993 - To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes

Executive Office of the President

Federal Register Volume 83, Issue 149 (August 2, 2018)

[Federal Register Volume 83, Number 149 (Thursday, August 2, 2018)]
[Presidential Documents]
[Pages 37993-38010]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16725]



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Vol. 83

Thursday,

No. 149

August 2, 2018

Part III





The President





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Proclamation 9771--To Take Certain Actions Under the African Growth and 
Opportunity Act and for Other Purposes


                        Presidential Documents 



Federal Register / Vol. 83 , No. 149 / Thursday, August 2, 2018 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

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                Proclamation 9771 of July 30, 2018

                
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 7350 of October 2, 2000, the 
                President designated the Republic of Rwanda 
                (``Rwanda'') as a beneficiary sub-Saharan African 
                country for purposes of section 506A(a)(1) of the Trade 
                Act of 1974 (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), 
                as added by section 111(a) of the African Growth and 
                Opportunity Act (the ``AGOA'').

                2. Sections 506A(d)(4)(C) (19 U.S.C. 2466a(d)(4)(C)) 
                and 506A(c)(1) (19 U.S.C. 2466a(c)(1)) of the 1974 Act 
                authorize the President to suspend the application of 
                duty-free treatment provided for any article described 
                in section 506A(b)(1) of the 1974 Act (19 U.S.C. 
                2466a(b)(1)) or section 112 of the AGOA (19 U.S.C. 
                3721) with respect to a beneficiary sub-Saharan African 
                country if the President determines that the 
                beneficiary country is not meeting the requirements 
                described in section 506A(a)(1) of the 1974 Act, and 
                that suspending such duty-free treatment would be more 
                effective in promoting compliance by the country with 
                those requirements than terminating the designation of 
                the country as a beneficiary sub-Saharan African 
                country for purposes of section 506A of the 1974 Act.

                3. Pursuant to section 506A(c)(1) of the 1974 Act, I 
                have determined that Rwanda is not meeting the 
                requirements described in section 506A(a)(1) of the 
                1974 Act and that suspending the application of duty-
                free treatment to certain goods would be more effective 
                in promoting compliance by Rwanda with such 
                requirements than terminating the designation of Rwanda 
                as a beneficiary sub-Saharan African country. 
                Accordingly, I have decided to suspend the application 
                of duty-free treatment for all AGOA-eligible goods in 
                the apparel sector from Rwanda for purposes of section 
                506A of the 1974 Act.

                4. Proclamation 8039 of July 27, 2006, implemented the 
                United States-Bahrain Free Trade Agreement (``USBFTA'') 
                with respect to the United States and, pursuant to 
                section 101(a) of the United States-Bahrain Free Trade 
                Agreement Implementation Act (the ``USBFTA 
                Implementation Act'') (19 U.S.C. 3805 note), 
                incorporated in the Harmonized Tariff Schedule of the 
                United States (HTS) the rules of origin necessary or 
                appropriate to carry out the USBFTA.

                5. 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.

                6. In Proclamation 9549 of December 1, 2016, pursuant 
                to the authority provided in section 1206(a) of the 
                1988 Act, the President modified the HTS to reflect 
                amendments to the Convention. Bahrain is a party to the

[[Page 37994]]

                Convention and likewise implemented the amendments to 
                the Convention in its tariff schedule.

                7. Because of these changes in the national tariff 
                schedules of the parties to the USBFTA, the rules of 
                origin set out in Annexes 3-A and 4-A of the USBFTA 
                must be changed to ensure that the tariff and certain 
                other treatment accorded under the USBFTA to 
                originating goods will continue to be provided under 
                the tariff categories that were modified in 
                Proclamation 9549. The USBFTA parties have agreed to 
                make these changes in a protocol to the USBFTA that 
                went into effect on November 30, 2017.

                8. Section 202 of the USBFTA Implementation Act 
                provides certain rules for determining whether a good 
                is an originating good for purposes of implementing 
                tariff treatment under the USBFTA. Section 202(j)(1) of 
                the USBFTA Implementation Act authorizes the President 
                to proclaim the rules of origin set out in the USBFTA 
                and any subordinate categories necessary to carry out 
                the USBFTA, subject to certain exceptions set out in 
                section 202(j)(2)(A).

                9. I have determined that modifications to the HTS 
                proclaimed pursuant to section 1206(a) of the 1988 Act 
                are necessary or appropriate to ensure the continuation 
                of treatment accorded originating goods under tariff 
                categories modified in Proclamation 9549.

                10. Following the amendments to the Convention 
                reflected by the modifications to the HTS made in 
                Proclamation 9549, the World Customs Organization 
                issued a small number of conforming amendments to the 
                Convention that should have been included in the 
                amendments that were implemented on January 1, 2017, 
                pursuant to Proclamation 9549. The Commission then 
                recommended additional modifications to the HTS 
                pursuant to section 1205 of the 1988 Act to conform the 
                HTS to these most recent amendments to the Convention. 
                I have determined that these recommended 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.

                11. Proclamation 9693 of January 23, 2018, implemented 
                action in the form of a safeguard measure under section 
                203 of the 1974 Act (19 U.S.C. 2253) with respect to 
                certain crystalline silicon photovoltaic cells, whether 
                or not partially or fully assembled into other products 
                (such as modules).

                12. The safeguard measure imposed a tariff-rate quota, 
                for a period of 4 years, on imports of solar cells that 
                are not partially or fully assembled into other 
                products, and an increase in duties on imports of 
                modules, as defined by Note 18(g) in subchapter III of 
                chapter 99 of the HTS, also for a period of 4 years.

                13. 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.

                14. Proclamation 9693 modified chapter 99 of the HTS to 
                implement the safeguard measure described in paragraphs 
                11 and 12 of this proclamation. Those modifications 
                included certain technical errors, and I have 
                determined, pursuant to section 604 of the 1974 Act, 
                that modifications to the HTS are necessary to correct 
                them.

                15. Section 1206(c) of the 1988 Act provides that 
                modifications proclaimed by the President under section 
                1206(a) 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

[[Page 37995]]

                to sections 506A(d)(4)(C) and 506A(c)(1) of the 1974 
                Act; section 1206(a) of the 1988 Act; and sections 203 
                and 604 of the 1974 Act, do proclaim that:

                    (1) The application of duty-free treatment for all 
                AGOA-eligible goods in the apparel sector from Rwanda 
                is suspended for purposes of section 506A of the 1974 
                Act, effective July 31, 2018.
                    (2) In order to reflect in the HTS that, beginning 
                on July 31, 2018, the application of duty-free 
                treatment for all AGOA-eligible goods in the apparel 
                sector from Rwanda shall be suspended, the HTS is 
                modified as set forth in Annex I to this proclamation.
                    (3) In order to reflect in the HTS the 
                modifications to the rules of origin under the USBFTA, 
                general note 30 to the HTS is modified as provided in 
                Annex II to this proclamation.
                    (4) The modifications to the HTS set forth in Annex 
                II shall be effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after the date that is 30 days after 
                the date of publication of this proclamation in the 
                Federal Register.
                    (5) In order to conform the HTS to the most recent 
                amendments to the Convention, the HTS is modified as 
                set forth in Annex III to this proclamation.
                    (6) The modifications to the HTS set forth in Annex 
                III shall be effective with respect to goods entered 
                for consumption, or withdrawn from warehouse for 
                consumption, on or after the later of (i) the date that 
                is 30 days after the date of publication of this 
                proclamation in the Federal Register, or (ii) the first 
                day of the month that follows after such thirtieth day.
                    (7) In order to correct technical errors in the 
                annex to Proclamation 9693, Note 18(c)(iii) in 
                subchapter III of chapter 99 of the HTS is modified by 
                deleting the phrase ``Subheadings 9903.45.21 and 
                9903.45.22 shall likewise'' and by inserting in lieu 
                thereof the phrase ``Subheading 9903.45.25 shall''; and 
                Note 18(g) is modified by deleting ``For purposes of'' 
                and by inserting in lieu thereof ``Subject to the 
                provisions of subdivision (c)(iii) of this note, for 
                purposes of''.
                    (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 
                thirtieth day of July, in the year of our Lord two 
                thousand eighteen, and of the Independence of the 
                United States of America the two hundred and forty-
                third.
                
                
                    (Presidential Sig.)

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[FR Doc. 2018-16725
Filed 8-1-18; 11:15 am]
Billing code 7020-02-C