, 78679-78688 [2014-30727]
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Vol. 79
Tuesday,
No. 249
December 30, 2014
Part IV
The President
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Proclamation 9223—To Take Certain Actions Under the African Growth
and Opportunity Act and for Other Purposes
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Presidential Documents
Federal Register
Vol. 79, No. 249
Tuesday, December 30, 2014
Title 3—
Proclamation 9223 of December 23, 2014
The President
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 8921 of December 20, 2012, I determined that the Republic
of Guinea-Bissau (Guinea-Bissau) was not making continual progress in meeting the requirements described in 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 (title I of Public Law 106–
200) (AGOA). Thus, pursuant to section 506A(a)(3) of the 1974 Act (19
U.S.C. 2466a(a)(3)), I terminated the designation of Guinea-Bissau as a beneficiary sub-Saharan African country for purposes of section 506A of the
1974 Act.
2. Section 506A(a)(1) of the 1974 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 1974 Act (19 U.S.C. 2462).
3. Pursuant to section 506A(a)(1) of the 1974 Act, based on actions that
the Government of Guinea-Bissau has taken over the past year, I have determined that Guinea-Bissau meets the eligibility requirements set forth in
section 104 of the AGOA and section 502 of the 1974 Act, and I have
decided to designate Guinea-Bissau as a beneficiary sub-Saharan African
country.
4. In Proclamation 8921 of December 20, 2012, I designated the Republic
of South Sudan (South Sudan) as a beneficiary sub-Saharan African country
for purposes of section 506A(a)(1) of the 1974 Act. In Proclamation 7657
of March 28, 2003, the President designated the Republic of The Gambia
(The Gambia) as a beneficiary sub-Saharan African country for purposes
of section 506A(a)(1) of the 1974 Act.
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5. 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.
6. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined that
South Sudan and The Gambia 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 designation of South Sudan and
The Gambia as beneficiary sub-Saharan African countries for purposes of
section 506A of the 1974 Act, effective on January 1, 2015.
7. 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 (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).
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Presidential Documents
8. 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.
9. 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’’).
10. 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, 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.
11. Each year from 2008 through 2013, 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.
12. 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; and Proclamation 9072
of December 23, 2013, 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.
13. On December 5, 2014, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force through
December 31, 2015, to allow for further negotiations on an agreement to
replace the 2004 Agreement.
14. 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, 2015, for specified quantities of certain agricultural
products of Israel.
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15. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988
(the ‘‘1988 Act’’) (19 U.S.C. 3005(a)), directs the United States International
Trade Commission (the Commission) to keep the HTS under continuous
review and periodically to recommend to the President such modifications
to the HTS as the Commission considers necessary or appropriate to accomplish the purposes set forth in that subsection. Among those purposes are
to promote the uniform application of the International Convention on the
Harmonized Commodity Description and Coding System (the ‘‘Convention’’)
and to alleviate unnecessary administrative burdens.
16. The Commission conducted an investigation pursuant to section 1205
of the 1988 Act (Investigation No. 1205–10) in order to make certain technical
corrections to keep the HTS in conformity with international standards
and to make certain reclassifications of chemical products that would alleviate unnecessary administrative burdens.
17. In April 2013, the Commission published the results of Investigation
No. 1205–10 pursuant to section 1205 of the 1988 Act (Recommendations
to Modify Chapters 29, 30, 37, and 85 of the Harmonized Tariff Schedule
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78683
of the United States, USITC Publication 4392 (corrected August 2013)),
recommending specific changes to the HTS. Each of these recommended
modifications would have little or no economic effect on any industry in
the United States. On August 2, 2013, this report was transmitted to the
Congress. The report and layover requirements of section 1206(b) of the
1988 Act (19 U.S.C. 3006(b)), were satisfied as of December 18, 2013.
18. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)), authorizes the
President to proclaim modifications to the HTS based on recommendations
made by the Commission pursuant to section 1205 of the 1988 Act, if
he determines that the modifications are in conformity with United States
obligations under the Convention and do not run counter to the national
economic interest of the United States. I have determined that the modifications to the HTS recommended in USITC Publication 4392, as set forth
in Annex II to this proclamation, are in conformity with United States
obligations under the Convention and do not run counter to the national
economic interest of the United States.
19. Presidential Proclamation 8039 of July 27, 2006, implemented the United
States-Bahrain Free Trade Agreement (USBFTA). The proclamation implemented, pursuant to section 201 of the United States-Bahrain Free Trade
Agreement Implementation Act (the ‘‘USBFTA Act’’) (19 U.S.C. 3805 note),
the staged reductions in rates of duty that the President determined to
be necessary or appropriate to carry out or apply certain provisions of
the USBFTA, including Article 3.2.8. That proclamation incorporated by
reference Publication 3830 of the U.S. International Trade Commission, entitled Modifications to the Harmonized Tariff Schedule of the United States
to Implement the United States-Bahrain Free Trade Agreement. Annex I
of Publication 3830 included a technical error that affected the tariff treatment
of goods under heading 9914.99.20 after December 31, 2015. I have determined that modifications to the HTS pursuant to section 201(a) of the
USBTFA Act are necessary to correct this error.
20. 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 section 506A(a)(1) of the 1974 Act, section 506A(a)(3) of the 1974 Act,
section 4(b) of the USIFTA Act, section 1206(a) of the 1988 Act, section
201(a) of the USBFTA Act, and section 604 of the 1974 Act, do proclaim
that:
(1) Guinea-Bissau is designated 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 Guinea-Bissau
(Guinea-Bissau).’’
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(3) The designations of South Sudan and The Gambia as beneficiary subSaharan African countries for purposes of section 506A of the 1974 Act
are terminated, effective on January 1, 2015.
(4) In order to reflect in the HTS that beginning on January 1, 2015,
South Sudan and The Gambia shall no longer be designated as beneficiary
sub-Saharan African countries, general note 16(a) to the HTS is modified
by deleting ‘‘Republic of South Sudan’’ and ‘‘Republic of The Gambia’’
from the list of beneficiary sub-Saharan African countries. Note 7(a) to
subchapter II and note 1 to subchapter XIX of chapter 98 of the HTS
are modified to delete ‘‘The Gambia’’ from the list of beneficiary countries.
Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified
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by deleting ‘‘The Gambia’’ from the list of lesser developed beneficiary
sub-Saharan African countries.
(5) In order to implement U.S. tariff commitments under the 2004 Agreement through December 31, 2015, the HTS is modified as provided in
Annex I to this proclamation.
(6)(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, 2015.
(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, 2015.
(7) In order to modify the HTS to promote the uniform application of
the Convention and to alleviate unnecessary administrative burdens, the
HTS is modified as set forth in Annex II to this proclamation.
(8) The modifications to the HTS set forth in Annex II to this proclamation
shall be effective with respect to goods that are entered, or withdrawn
from warehouse for consumption, on or after the later of January 1, 2015,
or the 30th day after publication of this proclamation in the Federal Register.
(9) In order to make technical corrections necessary to provide the intended
duty treatment under Article 3.2.8 of the USBFTA, the HTS is modified
as set forth in Annex III to this proclamation.
(10) 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 fourteen, and
of the Independence of the United States of America the two hundred
and thirty-ninth.
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Presidential Documents
78685
ANNEX I
TE:MPORARY EXTENSION OF CERTAIN PROVISIONS OF
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
Effective with respect to eligible agricultural products oflsrael which are entered, or withdrawn
from warehouse for consumption, on or after January 1, 2015 and before the close of December
31, 2015, subchapter VIII of chapter 99 of the Harmonized Tariff Schedule of the United States
is hereby modified as follows:
1. U.S. note 1 to such subchapter is modified by deleting "December 31, 2014" and by
inserting in lieu thereof "December 31, 20 15".
2.
note 3 to such subchapter is modified by adding at the end of the tabulation the
following material, in the two columns specified in such note: "Calendar year 2015
466,000".
3. U.S. note 4 to such subchapter is modified by adding at the end of the tabulation the
following material, in the two columns specified in such note: "Calendar year 2015
1,304,000".
4.
note 5 to such subchapter is modified by adding at the end of the tabulation the
following material, in the two columns specified in such note: "Calendar year 2015
1,534,000".
5. U.S. note 6 to such subchapter is modified by adding at the end of the tabulation
following material, in the two columns specified in such note: "Calendar year 2015
131,000".
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6. U.S. note 7 to such subchapter is modified by adding at the end of the tabulation the
following material, in the two columns specified in such note: "Calendar year 2015
707,000".
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Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Presidential Documents
ANNEX II
MODIFY THE HARMONIZED TARIFF SCHEDULE
OF THE UNITED STATES
A. Effective with respect to goods entered, or withdrawn from warehouse for consumption, on or
after the later of January 1, 2015, or the date which is the thirtieth day after the date of
publication of this proclamation in the Federal Register, the Harmonized Tariff Schedule of the
United States (HTS) is hereby modified as follows, with bracketed material provided for ease of
use and with new material inserted in the HTS columns entitled "Heading/Subheading", "Article
Description", "Rates ofDuty 1 General", "Rates of Duty 1 Special", and "Rates of Duty 2",
respectively:
1. Subheading 3002.10.02 is modified by inserting the words "modified or" after the word "not"
in the article description.
2. Subheadings 3702.91.01 through 3702.95.00 are deleted, and the following new subheadings
are inserted in lieu thereof:
:[Photographic film in rolls, sensitized,
: unexposed, of any material other than
:paper, paperboard or textiles; instant
: print film in rolls, sensitized,
:unexposed:]
[Other:]
Of a width not exceeding
"3702.96.00:
mm and of a length not
exceeding 30m
: 3.7% :Free (A,AU,BH,
: CA,CL,CO,E,IL,
: JO,KR,MA,
: !VIX,OM,P,PA,
PE,SG)
Of a width not exceeding 35 mm :
and of a length exceeding
30m
:Free
Of a width exceeding 35 mm
3702.97.00:
3702.98.00 :
: 25%
: 25%"
:3.7%: Free (A,AU,BH,
: CA,CL,CO,E,IL,
:JO,KR,MA,
: MX,OM,P,PA,
: PE,SG)
: 38¢/m2
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3. Subheading 8543.70.92 is redesignated as subheading 8543.70.93, and the article description
of such redesignated subheading is modified by inserting at the end thereof the phrase "; video
Federal Register / Vol. 79, No. 249 / Tuesday, December 30, 2014 / Presidential Documents
78687
game console controllers which use infrared transmissions to operate or access the various
functions and capabilities ofthe console".
B. Effective with respect to goods entered, or withdrawn from warehouse for consumption, on
or after the the later of January l, 2015, or the thirtieth day after the date of publication of this
proclamation in the Federal Register, the HTS is further modified as follows, with bracketed
material provided for ease of use and with new material inserted in the HTS columns entitled
"Heading/Subheading", "Article Description", "Rates of Duty 1 General", "Rates ofDuty 1
Special", and "Rates of Duty 2", respectively:
1. (a) Subheading 2918.99.05 is modified by deleting from the article description the chemical
"1,6-hexanediol bis(3,5-dibutyl-4-hydroxyphenyl)propionate)"; and
(b) The following new subheading 2918.29.06 is inserted in numerical sequence:
:[Carboxylic acids with additional oxygen
: function and their anhydrides, halides,
: peroxides and peroxyacids; their
: halogenated, sulfonated, nitrated or
or nitrosated derivatives:
[Carboxylic acids with phenol
function but without other
oxygen function, their anhydrides,
halides, peroxides, peroxyacids
and their derivatives:]
[Other:]
"2918.29.06:
1,6-Hexanediol bis(3,5-dibutyl4-hydroxyphenyl)propionate) .. : 5.8% :Free (A+,AU,
:15.4¢/kg+
: CA,CL,CO,D,E,:
40%"
: IL,JO,KR,MA,
: MX,OM,P,
: PA,PE,SG)
2. (a) Subheading 2921.42.36 is modified by deleting from the article description the chemical
names "4,4'-Methylenebis(3-chloro-2,6-diethylaniline); 4,4'-Methylenebis(2,6diisopropylaniline);"; and
(b) Subheading 2921.59.17 is modified by inserting in the article description the chemical
names "4,4'-Methylenebis(3-chloro-2,6-diethylaniline);" and "4,4'-Methylenebis(2,6diisopropy!aniline);"
3. (a) Subheading 2933.99.87 is deleted; and
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(b) The following new subheading 2933.69.50 is inserted in numerical sequence:
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[FR Doc. 2014–30727
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Agencies
[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Presidential Documents]
[Pages 78679-78688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30727]
[GRAPHIC] [TIFF OMITTED] TD30DE14.003
[GRAPHIC] [TIFF OMITTED] TD30DE14.004
[FR Doc. 2014-30727
Filed 12-29-14; 11:15 am]
Billing code 7020-02-C