To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes, 76799-76803 [X12-11228]

Agencies

• Executive Office of the President

[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Presidential Documents]
[Pages 76799-76803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X12-11228]




                        Presidential Documents 



Federal Register / Vol. 77 , No. 249 / Friday, December 28, 2012 / 
Presidential Documents

[[Page 76799]]


                Proclamation 8921 of December 20, 2012

                
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. Section 506A(a)(1) of the Trade Act of 1974, as 
                amended (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), as 
                added by section 111(a) of the African Growth and 
                Opportunity Act (title I of Public Law 106-200) (AGOA), 
                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 1974 Act (19 
                U.S.C. 2462).

                2. Section 104 of the AGOA authorizes the President to 
                designate a country listed in section 107 of the AGOA 
                as an ``eligible sub-Saharan African country'' if the 
                President determines that the country meets certain 
                eligibility requirements.

                3. Pursuant to section 104 of the AGOA and section 
                506A(a)(1) of the 1974 Act, I have determined that the 
                Republic of South Sudan meets the eligibility 
                requirements set forth or referenced therein, and I 
                have decided to designate the Republic of South Sudan 
                an eligible sub-Saharan African country and as a 
                beneficiary sub-Saharan African country.

                4. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 
                2466a(a)(3)) authorizes the President to terminate the 
                designation of a country as a beneficiary sub-Saharan 
                African country for purposes of section 506A if he 
                determines that the country is not making continual 
                progress in meeting the requirements described in 
                section 506A(a)(1) of the 1974 Act.

                5. Pursuant to section 506A(a)(3) of the 1974 Act, I 
                have determined that the Republic of Mali and the 
                Republic of Guinea-Bissau are not making continual 
                progress in meeting the requirements described in 
                section 506A(a)(1) of the 1974 Act. Accordingly, I have 
                decided to terminate the designations of the Republic 
                of Mali and the Republic of Guinea-Bissau as 
                beneficiary sub-Saharan African countries for purposes 
                of section 506A of the 1974 Act, effective on January 
                1, 2013.

                6. 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 for purposes of the Generalized System of 
                Preferences (GSP) 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.

                7. Pursuant to section 502(e) of the 1974 Act, I have 
                determined that the Federation of Saint Kitts and Nevis 
                has become a ``high-income'' country. I am terminating 
                the designation of that country as a beneficiary 
                developing country for purposes of the GSP, effective 
                January 1, 2014, and I will so notify the Congress.

                8. 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

[[Page 76800]]

                the United States of America and the Government of 
                Israel (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).

                9. 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.

                10. 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'').

                11. In 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.

                12. In 2008, 2009, 2010, and 2011, 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.

                13. 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; and Proclamation 8770 of 
                December 29, 2011, modified the Harmonized Tariff 
                Schedule of the United States (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.

                14. On November 19, 2012, the United States entered 
                into an agreement with Israel to extend the period that 
                the 2004 Agreement is in force through December 31, 
                2013, to allow for further negotiations on an agreement 
                to replace the 2004 Agreement.

                15. 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, 2013, for specified quantities of certain 
                agricultural products of Israel.

                16. In Presidential Proclamation 8771 of December 29, 
                2011, pursuant to the authority provided in section 
                1206(a) of the Omnibus Trade and Competitiveness Act of 
                1988 (the ``1988 Act'') (19 U.S.C. 3006(a)), I modified 
                the HTS to reflect amendments to the International 
                Convention on the Harmonized Commodity Description and 
                Coding System (the ``Convention'').

                17. Presidential Proclamation 7746 of December 30, 
                2003, implemented the United States-Chile Free Trade 
                Agreement (USCFTA) with respect to the United States 
                and, pursuant to the United States-Chile Free Trade 
                Agreement Implementation Act (the ``USCFTA Act'') (19 
                U.S.C. 3805 note), incorporated in the HTS the schedule 
                of duty reductions and rules of origin necessary or 
                appropriate to carry out the USCFTA.

                18. In order to ensure the continuation of such staged 
                reductions in rates of duty for originating goods of 
                Chile in tariff categories that were modified to 
                reflect amendments to the Convention, Presidential 
                Proclamation 8771

[[Page 76801]]

                made modifications to the HTS that I determined were 
                necessary or appropriate to carry out the duty 
                reductions proclaimed in Proclamation 7746.

                19. Chile is a party to the Convention. Because the 
                substance of the changes to the Convention are 
                reflected in slightly differing form in its national 
                tariff schedule, the rules of origin set out in the 
                USCFTA must be changed to ensure that the tariff and 
                certain other treatment accorded under the USCFTA to 
                originating goods will continue to be provided under 
                the tariff categories that were modified in 
                Proclamation 8771. The United States and Chile have 
                agreed to make these changes to certain rules of origin 
                set out in the USCFTA.

                20. Section 202 of the USCFTA Act provides rules for 
                determining whether goods imported into the United 
                States originate in the territory of a USCFTA Party and 
                thus are eligible for the tariff and other treatment 
                contemplated under the USCFTA. Section 202(o) of the 
                USCFTA Act authorizes the President to proclaim, as 
                part of the HTS, the rules of origin set out in the 
                USCFTA and to proclaim any modifications to such 
                previously proclaimed rules of origin, subject to the 
                exceptions stated in section 202(o)(2)(A).

                21. Presidential Proclamation 8840 of June 29, 2012, 
                modified the HTS to reflect changes to duty-free 
                treatment under the GSP. Annex I to that proclamation 
                included an error in the list of subheading numbers to 
                be added at general note 4(d) to the HTS, and I have 
                determined that a modification to the HTS is necessary 
                to correct that technical error.

                22. Presidential Proclamation 8894 of October 29, 2012, 
                pursuant to the authority provided under section 
                202(o)(2)(B)(ii) of the United States-Korea Free Trade 
                Agreement Implementation Act, modified the HTS, through 
                section E of Annex III of Publication 4349 of the 
                United States International Trade Commission (the 
                ``Commission''), to correct a clerical error regarding 
                a provision of chapter 61 (as included in Annex 4-A of 
                the United States-Korea Free Trade Agreement).

                23. Section E of Annex III of Publication 4349 
                contained a typographical error within the correction 
                that needs to be corrected. I have determined that a 
                modification to the HTS is necessary to correct this 
                typographical error and to provide the intended tariff 
                treatment.

                24. Presidential Proclamation 8894 of October 29, 2012, 
                modified the HTS as provided in Annex II of Publication 
                4349 of the Commission to implement the initial stage 
                of duty elimination provided for in the United States-
                Panama Trade Promotion Agreement and to provide for 
                further staged reductions in duties for originating 
                goods of Panama. The proclamation erroneously referred 
                to ``originating goods of Colombia'' and should instead 
                refer to ``originating goods of Panama.''

                25. 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 
                taken 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, section 104 of 
                the AGOA, section 4 of the USIFTA Act, and section 202 
                of the USCFTA Act do proclaim that:

(1) The Republic of South Sudan is designated as an eligible sub-Saharan 
African country and as a beneficiary sub-Saharan African country.

(2) In order to reflect this designation in the HTS, general note 16(a) to 
the HTS is modified by inserting in alphabetical sequence in the list of 
beneficiary sub-Saharan African countries ``Republic of South Sudan.''

[[Page 76802]]

(3) The designations of the Republic of Mali and the Republic of Guinea-
Bissau as beneficiary sub-Saharan African countries for purposes of section 
506A of the 1974 Act are terminated, effective on January 1, 2013.

(4) In order to reflect in the HTS that beginning on January 1, 2013, the 
Republic of Mali and the Republic of Guinea-Bissau shall no longer be 
designated as beneficiary sub-Saharan African countries, general note 16(a) 
to the HTS is modified by deleting ``Republic of Mali'' and ``Republic of 
Guinea-Bissau'' from the list of beneficiary sub-Saharan African countries. 
Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified 
by deleting ``Republic of Guinea-Bissau'' and ``Republic of Mali'' from the 
list of lesser developed beneficiary sub-Saharan African countries.

(5) The designation of the Federation of Saint Kitts and Nevis as a 
beneficiary developing country for purposes of the GSP is terminated, 
effective on January 1, 2014.

(6) In order to reflect this termination in the HTS, general note 4(a) to 
the HTS is modified by deleting ``St. Kitts and Nevis'' from the list of 
independent countries, effective with respect to articles entered, or 
withdrawn from warehouse for consumption, on or after January 1, 2014.

(7) In order to implement U.S. tariff commitments under the 2004 Agreement 
through December 31, 2013, the HTS is modified as provided in Annex I to 
this proclamation.

(8)(a) The modifications to the HTS set forth in Annex I to 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, 2013.

(b) The provisions of subchapter VIII of chapter 99 of the HTS, as modified 
by Annex I to this proclamation, shall continue in effect through December 
31, 2013.

(9) In order to reflect in the HTS the modifications to the rules of origin 
under the USCFTA, general note 26 to the HTS is modified as provided in 
Annex II to this proclamation.

(10) In order to correct a technical error in the list of subheading 
numbers at general note 4(d) to the HTS, the HTS is modified as set forth 
in section A of Annex III to this proclamation.

(11) In order to provide the intended tariff treatment to goods of Korea 
under the terms of general note 33, the HTS is modified as set forth in 
section B of Annex III to this proclamation.

(12) Paragraph (3) of Presidential Proclamation 8894 is amended to correct 
an inadvertent error by replacing ``Colombia'' with ``Panama.''

(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.

[[Page 76803]]

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twentieth day of December, in the year of our Lord two 
                thousand twelve, and of the Independence of the United 
                States of America the two hundred and thirty-seventh.
                
                
                    (Presidential Sig.)

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