Trade: Generalized System of Preferences Duty-Free Treatment, Modifications (Proc. 8467), 69219-69228 [E9-31096]
Agencies
[Federal Register: December 30, 2009 (Volume 74, Number 249)]
[Presidential Documents]
[Page 69219-69225]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de09-143]
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Part III
The President
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Proclamation 8467--To Modify Duty-Free Treatment Under the Generalized
System of Preferences, and for Other Purposes
Proclamation 8468--To Take Certain Actions Under the African Growth and
Opportunity Act
Executive Order 13525--Adjustments of Certain Rates of Pay
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 69221]]
Proclamation 8467 of December 23, 2009
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. Sections 501(1) and (4) of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2461(1) and (4)),
provide that, in affording duty-free treatment under
the Generalized System of Preferences (GSP), the
President shall have due regard for, among other
factors, the effect such action will have on furthering
the economic development of a beneficiary developing
country and the extent of the beneficiary developing
country's competitiveness with respect to eligible
articles. Section 502(c)(2) of the 1974 Act (19 U.S.C.
2462(c)(2)) provides that, in determining whether to
designate any country as a beneficiary developing
country for purposes of the GSP, the President shall
take into account various factors, including the
country's level of economic development, the country's
per capita gross national product, the living standards
of its inhabitants, and any other economic factors he
deems appropriate. Section 502(d) of the 1974 Act (19
U.S.C. 2462(d)) authorizes the President to withdraw,
suspend, or limit the application of duty-free
treatment under the GSP with respect to any country
after considering the factors set forth in sections 501
and 502(c) of the 1974 Act. Section 502(f)(2) of the
1974 Act (19 U.S.C. 2462(f)(2)) requires the President
to notify the Congress and the affected country, at
least 60 days before termination, of the President's
intention to terminate the affected country's
designation as a beneficiary developing country for
purposes of the GSP.
2. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e))
provides that the President shall terminate the
designation of a country as a beneficiary developing
country if the President determines that such country
has become a ``high income'' country as defined by the
official statistics of the International Bank for
Reconstruction and Development. Termination is
effective on January 1 of the second year following the
year in which such determination is made.
3. Pursuant to section 502(e) of the 1974 Act, I have
determined that Croatia has become a ``high income''
country, and I am terminating the designation of that
country as a beneficiary developing country for
purposes of the GSP, effective January 1, 2011.
4. Pursuant to section 502(e) of the 1974 Act, I have
determined that Equatorial Guinea has become a ``high
income'' country, and I am terminating the designation
of that country as a beneficiary developing country for
purposes of the GSP, effective January 1, 2011.
5. Section 502(a)(2) (19 U.S.C. 2462(a)(2)) of the 1974
Act provides that the President may designate any
beneficiary developing country as a least-developed
beneficiary developing country for purposes of the GSP,
based on the considerations in sections 501 and 502(c)
of the 1974 Act (19 U.S.C. 2461 and 19 U.S.C. 2462(c)).
6. Pursuant to section 502(d)(1) of the 1974 Act, and
having considered the factors set forth in sections 501
and 502(c) of the 1974 Act, I have
[[Page 69222]]
determined that Cape Verde should be removed from the
list of least-developed beneficiary countries.
7. In Proclamation 8272 of June 30, 2008, the President
determined that Trinidad and Tobago had become a ``high
income'' country, and the designation of Trinidad and
Tobago as a beneficiary developing country for purposes
of the GSP shall be terminated, effective January 1,
2010. I have determined that technical rectifications
should be made to the Harmonized Tariff Schedule of the
United States (HTS) to reflect that determination.
8. Pursuant to sections 501 and 502(a)(1) of the 1974
Act, the President is authorized to designate countries
as beneficiary developing countries for purposes of the
GSP and to provide duty-free treatment for eligible
articles from beneficiary developing counties.
9. In Proclamation 6813 of July 28, 1995, the President
suspended the designation of the Republic of Maldives
(Maldives) as a beneficiary developing country under
the GSP.
10. Pursuant to sections 501 and 502(a) of the 1974
Act, and taking into account the factors set forth in
sections 501 and 502(c), I have determined that it is
appropriate to terminate the suspension of preferential
treatment under the GSP for articles that are currently
eligible for such treatment and that are imported from
Maldives and to redesignate Maldives as a beneficiary
developing country for purposes of the GSP.
11. 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 the United
States-Israel Free Trade Area Implementation Act of
1985 (the ``USIFTA Act'') (19 U.S.C. 2112 note).
12. 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.
13. 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 certain aspects of trade in
agricultural products during the period January 1,
2004, through December 31, 2008 (the ``2004
Agreement'').
14. In Presidential Proclamation 7826 of October 4,
2004, consistent with the 2004 Agreement, the President
determined, pursuant to section 4(b) of the USIFTA Act,
that it was 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 December 31, 2008, for specified
quantities of certain agricultural products of Israel.
15. On December 10, 2008, the United States entered
into an agreement with Israel to extend the period that
the 2004 Agreement is in force through December 31,
2009, to allow additional time for the two governments
to conclude an agreement to replace the 2004 Agreement.
16. In Presidential Proclamation 8334 of December 31,
2008, the President determined that it was necessary in
order to maintain the general level of reciprocal and
mutually advantageous concessions with respect to
Israel provided for by the USIFTA to extend such duty-
free treatment through December 31, 2009. In
Proclamation 8334, the President modified the HTS to
provide duty-free access into the United States through
December 31, 2009, for specified quantities of certain
agricultural products of Israel. In Proclamation 8405
of August 31, 2009, I further modified the HTS to
provide the intended tariff treatment.
[[Page 69223]]
17. On December 6, 2009, the United States entered into
a further agreement with Israel to extend the period
that the 2004 Agreement is in force through December
31, 2010, to allow for further negotiations on an
agreement to replace the 2004 Agreement.
18. 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, 2010, for specified quantities of certain
agricultural products of Israel.
19. Presidential Proclamation 6641 of December 15,
1993, implemented the North American Free Trade
Agreement (NAFTA) with respect to the United States
and, pursuant to the North American Free Trade
Agreement Implementation Act (the ``NAFTA
Implementation Act'') (Public Law 103-182),
incorporated in the HTS the schedule of duty reductions
and rules of origin necessary or appropriate to carry
out the NAFTA.
20. Section 202 of the NAFTA Implementation Act (19
U.S.C. 3332) provides rules for determining whether
goods imported into the United States originate in the
territory of a NAFTA party and thus are eligible for
the tariff and other treatment contemplated under the
NAFTA.
21. Presidential Proclamation 8405 of August 31, 2009,
modified the HTS to provide for modifications to the
rules of origin under the NAFTA. I have determined that
technical corrections to the HTS are necessary to
provide for the intended rules of origin.
22. Presidential Proclamation 7747 of December 30,
2003, implemented the United States-Singapore Free
Trade Agreement (USSFTA) with respect to the United
States, including certain rules for determining whether
a good is an originating good for the purposes of
implementing tariff treatment under the USSFTA. I have
determined that certain rules of origin under the
USSFTA were inadvertently deleted in the HTS and that
technical rectifications to the HTS are necessary to
restore the intended rules of origin.
23. Presidential Proclamation 7746 of December 30,
2003, implemented the United States-Chile Free Trade
Agreement (USCFTA) with respect to the United States,
including certain rules for determining whether a good
is an originating good for the purposes of implementing
tariff treatment under the USCFTA. I have determined
that technical corrections to the HTS are necessary to
provide for the intended rules of origin.
24. 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; and
8331 of December 23, 2008, implemented the Dominican
Republic-Central America-United States Free Trade
Agreement (CAFTA-DR) with respect to the United States,
including certain rules for determining whether a good
is an originating good for the purposes of implementing
tariff treatment under the CAFTA-DR. Section
203(f)(3)(A)(ii) of the Dominican Republic-Central
America-United States Free Trade Agreement
Implementation Act (the ``CAFTA-DR Act'') (19 U.S.C.
4033) provides rules of origin for certain yarns
described in section 204(b)(3)(B)(vi)(IV) of the Andean
Trade Preference Act (19 U.S.C. 3203(b)(3)(B)(vi)(IV))
(as in effect on the date of enactment of the CAFTA-DR
Act).
25. Presidential Proclamations 8097 of December 29,
2006, and 8240 of April 17, 2008, modified the HTS
pursuant to section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to
conform it to amendments in the International
Convention on the Harmonized Commodity Description and
Coding System (the ``Convention''). They contained
certain modifications that affected the rules of origin
under the Andean Trade Preference Act. Modifications to
the HTS are necessary to conform the rules of origin
for certain yarns described in section
204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act
to the Convention. I have determined
[[Page 69224]]
that additional conforming changes to the HTS are
necessary to provide for the intended rules of origin
under the CAFTA-DR.
26. 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 the removal, modification,
continuance, or imposition of any rate of duty or other
import restriction.
NOW, THEREFORE, I, BARACK OBAMA, President of the
United States of America, by virtue of the authority
vested in me by the Constitution and the laws of the
United States of America, including but not limited to
title V and section 604 of the 1974 Act and section 4
of the USIFTA Act, do proclaim that:
(1) The designation of Croatia as a beneficiary
developing country for purposes of the GSP is
terminated, effective on January 1, 2011.
(2) In order to reflect this termination in the HTS,
general note 4(a) of the HTS is modified by deleting
``Croatia'' from the list of independent countries,
effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after
January 1, 2011.
(3) The designation of Equatorial Guinea as a
beneficiary developing country for purposes of the GSP
is terminated, effective on January 1, 2011.
(4) In order to reflect this termination in the HTS,
general note 4(a) of the HTS is modified by deleting
``Equatorial Guinea'' from the list of independent
countries, effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or
after January 1, 2011. General note 4(b)(i) of the HTS
is modified by deleting ``Equatorial Guinea'' from the
list of least-developed beneficiary developing
countries, effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or
after January 1, 2011.
(5) In order to reflect in the HTS the termination of
the designation of Cape Verde as a least-developed
beneficiary developing country for purposes of the GSP,
general note 4(b)(i) of the HTS is modified by deleting
``Cape Verde'' from the list of least-developed
beneficiary developing countries, effective with
respect to articles entered, or withdrawn from
warehouse for consumption, on or after January 1, 2010.
(6) In order to reflect in the HTS the termination of
the designation of Trinidad and Tobago as a beneficiary
developing country for purposes of the GSP, general
note 4(d) and general note 4(a) to the HTS, and the
Rate of Duty 1-Special subcolumn for HTS subheading
7411.21.50, are modified as set forth in Annex I to
this proclamation.
(7) In order to reflect in the HTS the redesignation of
Maldives as a beneficiary developing country under the
GSP, general note 4(a) is modified by adding in
alphabetical order ``Maldives'' to the list of
``Independent Countries'' and by adding in alphabetical
order ``Maldives'' to the list of ``Member Countries of
the South Asian Association for Regional Cooperation
(SAARC).''
(8) In order to make technical corrections and
rectifications necessary to provide the intended rules
of origin under the NAFTA, the USSFTA, and the USCFTA,
the HTS is modified as set forth in Annex II to this
proclamation.
(9) In order to reflect modifications to the HTS made
to conform the rules of origin for certain yarns
described in section 204(b)(3)(B)(vi)(IV) of the Andean
Trade Preference Act to the Convention, general note 29
of the HTS is modified as set forth in Annex II to this
proclamation.
(10) The modifications to the HTS set forth in Annexes
I and II 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 respective annex.
[[Page 69225]]
(11) In order to implement U.S. tariff commitments
under the 2004 Agreement through December 31, 2010, the
HTS is modified as provided in Annex III to this
proclamation.
(12)(a) The modifications to the HTS made by Annex III
to this proclamation shall be effective with respect to
goods that are the product of Israel and are entered,
or withdrawn from warehouse for consumption, on or
after January 1, 2010.
(b) The provisions of subchapter VIII of chapter 99
of the HTS, as modified by Annex III to this
proclamation, shall continue in effect through December
31, 2010.
(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.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-third day of December, in the year of our Lord
two thousand nine, and of the Independence of the
United States of America the two hundred and thirty-
fourth.
(Presidential Sig.)
Billing code 3195-W0-P
[Federal Register: December 30, 2009 (Volume 74, Number 249)]
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[Federal Register: December 30, 2009 (Volume 74, Number 249)]
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[Federal Register: December 30, 2009 (Volume 74, Number 249)]
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[FR Doc. E9-31096 Filed 12-29-09; 8:45 am]
Billing code 7020-02-C
Billing code 3195-W0-P
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