To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes, 78681-78684 [X14-11230]

Agencies

• Executive Office of the President

[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Presidential Documents]
[Pages 78681-78684]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: X14-11230]



[[Page 78679]]

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


                        Presidential Documents 



Federal Register / Vol. 79 , No. 249 / Tuesday, December 30, 2014 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 78681]]

                Proclamation 9223 of December 23, 2014

                
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.

                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).

[[Page 78682]]

                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.

                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

[[Page 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).''
                    (3) The designations of South Sudan and The Gambia 
                as beneficiary sub-Saharan 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

[[Page 78684]]

                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.
                
                
                    (Presidential Sig.)

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