To Modify Duty-Free Treatment Under the Generalized System of Preferences, and for Other Purposes, 69221-69225 [X09-11230]

Agencies

• Executive Office of the President

[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Presidential Documents]
[Pages 69221-69225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X09-11230]



[[Page 69219]]

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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 



Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / 
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.)

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