To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes, 80615-80633 [2015-32679]

Agencies

• Executive Office of the President

[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Presidential Documents]
[Pages 80615-80633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32679]



[[Page 80615]]

Vol. 80

Thursday,

No. 247

December 24, 2015

Part IV





The President





-----------------------------------------------------------------------



Proclamation 9383--To Take Certain Actions Under the African Growth and 
Opportunity Act and for Other Purposes


                        Presidential Documents 



Federal Register / Vol. 80 , No. 247 / Thursday, December 24, 2015 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 80617]]

                Proclamation 9383 of December 21, 2015

                
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 7970 of December 22, 2005, the 
                President designated the Republic of Burundi (Burundi) 
                as a beneficiary sub-Saharan African country for 
                purposes of 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 (AGOA) (title I of Public Law 106-200).

                2. 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.

                3. Pursuant to section 506A(a)(3) of the 1974 Act, I 
                have determined that Burundi is 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 Burundi as a 
                beneficiary sub-Saharan African country for purposes of 
                section 506A of the 1974 Act, effective on January 1, 
                2016.

                4. Schedule XX, as defined by 19 U.S.C. 3501(5), sets 
                forth certain tariff-rate quotas. To implement these 
                tariff-rate quotas, section 404(a) of the Uruguay Round 
                Agreements Act (19 U.S.C. 3601(a)) requires the 
                President ``to take such action as may be necessary to 
                ensure that imports of agricultural products do not 
                disrupt the orderly marketing of commodities in the 
                United States.''

                5. I have determined that, in order to reduce 
                administrative burden and encourage electronic 
                administration of the quota classifications of sugars, 
                syrups, and molasses (sugar), and to avoid the 
                disruption of the orderly marketing of sugar, it is 
                necessary to add additional tariff lines to Chapter 99 
                of the Harmonized Tariff Schedule (HTS) of the United 
                States as provided for in Annex I of this proclamation.

                6. Presidential Proclamation 8294 of September 26, 
                2008, implemented amendments to the Burmese Freedom and 
                Democracy Act of 2003 (the ``BFDA'') (Public Law 108-
                61), as amended by section 6(a) of the Tom Lantos Block 
                Burmese JADE Act of 2008 (Public Law 110-286). That 
                proclamation, in part, modified the HTS to include 
                additional U.S. Note 4 to chapter 71 of the HTS, which 
                prohibited the importation of certain goods of Burma. 
                The BFDA, as amended, expired on July 28, 2013.

                7. Executive Order 13651 of August 6, 2013, as 
                authorized by the International Emergency Economic 
                Powers Act (50 U.S.C. 1701 et seq.) and the National 
                Emergencies Act (50 U.S.C. 1601 et seq.), prohibits the 
                importation into the United States of any jadeite or 
                rubies mined or extracted from Burma and any articles 
                of jewelry containing jadeite or rubies mined or 
                extracted from Burma on or after August 7, 2013. I have 
                determined that modifications to additional U.S. Note 4 
                to chapter 71 of the HTS, as set forth in Annex II, are 
                necessary to account for the expiration of the BFDA and 
                the implementation of Executive Order 13651.

[[Page 80618]]

                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 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, 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.

                12. Each year from 2008 through 2014, 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; Proclamation 8770 of 
                December 29, 2011; Proclamation 8921 of December 20, 
                2012; Proclamation 9072 of December 23, 2013; and 
                Proclamation 9223 of December 23, 2014, modified the 
                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 December 8, 2015, the United States entered into 
                an agreement with Israel to extend the period that the 
                2004 Agreement is in force through December 31, 2016, 
                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, 2016, for specified quantities of certain 
                agricultural products of Israel.

                16. In Presidential Proclamation 8921 of December 20, 
                2012, pursuant to section 502(e) of the 1974 Act (19 
                U.S.C. 2462(e)), I determined that The Federation of 
                Saint Kitts and Nevis had become a high-income country 
                and terminated its designation as a beneficiary 
                developing country for purposes of the Generalized 
                System of Preferences (GSP). General note 4(a) to the 
                HTS erroneously continues to include ``St. Kitts and 
                Nevis'' on the list of Member Countries of the 
                Caribbean Common Market (CARICOM) that are eligible for 
                preferential tariff treatment under the GSP. I have 
                determined that a modification to the HTS is necessary 
                to correct this error and to provide the intended 
                tariff treatment.

                17. Presidential Proclamation 8894 of October 29, 2012, 
                implemented the United States-Panama Trade Promotion 
                Agreement with respect to the United

[[Page 80619]]

                States and, pursuant to the United States-Panama Trade 
                Promotion Agreement Implementation Act (Public Law 112-
                43, 125 Stat. 497), modified the HTS to include the 
                schedule of duty reductions necessary or appropriate to 
                carry out the United States-Panama Trade Promotion 
                Agreement. Those modifications to the HTS were set out 
                in Publication 4349 of the International Trade 
                Commission (Commission), entitled Modifications to the 
                Harmonized Tariff Schedule of the United States to 
                Implement the United States-Panama Trade Promotion 
                Agreement, which was incorporated by reference into 
                Proclamation 8894. Annexes I and II to that publication 
                included technical errors that affected the tariff 
                treatment accorded to certain goods of Panama. I have 
                determined that modifications to the HTS are necessary 
                to correct the technical errors.

                18. Presidential Proclamation 8818 of May 14, 2012, 
                implemented the United States-Colombia Trade Promotion 
                Agreement with respect to the United States and, 
                pursuant to the United States-Colombia Trade Promotion 
                Agreement Implementation Act (Public Law 112-42, 125 
                Stat. 462), modified the HTS to include the schedule of 
                duty reductions necessary or appropriate to carry out 
                the United States-Colombia Trade Promotion Agreement. 
                Those modifications to the HTS were set out in 
                Publication 4320 of the Commission, entitled 
                Modifications to the Harmonized Tariff Schedule of the 
                United States to Implement the United States-Colombia 
                Trade Promotion Agreement, which was incorporated by 
                reference into Proclamation 8818. Annex II to that 
                publication included a technical error that affected 
                the tariff treatment accorded to certain goods of 
                Colombia. I have determined that modifications to the 
                HTS are necessary to correct the technical error.

                19. Presidential Proclamation 8039 of July 27, 2006, 
                implemented the United States-Bahrain Free Trade 
                Agreement with respect to the United States and, 
                pursuant to the United States-Bahrain Free Trade 
                Agreement Implementation Act (Public Law 109-169, 119 
                Stat. 3581), modified the HTS to include the schedule 
                of duty reductions necessary or appropriate to carry 
                out the United States-Bahrain Free Trade Agreement. 
                Those modifications to the HTS were set out in 
                Publication 3830 of the Commission, entitled 
                Modifications to the Harmonized Tariff Schedule of the 
                United States to Implement the United States-Bahrain 
                Free Trade Agreement, which was incorporated by 
                reference into Proclamation 8039. Presidential 
                Proclamation 9223 of December 23, 2014, created a new 
                subheading in chapter 29 of the HTS, but inadvertently 
                omitted the tariff treatment for goods of Bahrain 
                previously accorded to these covered goods under 
                Proclamation 8039. I have determined that modifications 
                to the HTS are necessary to correct the technical 
                error.

                20. Presidential Proclamation 8783 of March 6, 2012, 
                implemented the United States-Korea Free Trade 
                Agreement and, pursuant to the United States-Korea Free 
                Trade Agreement Implementation Act (Public Law 112-41, 
                125 Stat. 428), modified the HTS to include the 
                schedule of duty reductions necessary or appropriate to 
                carry out the United States-Korea Free Trade Agreement. 
                Those modifications to the HTS were set out in 
                Publication 4308 of the Commission, entitled 
                Modifications to the Harmonized Tariff Schedule of the 
                United States to Implement the United States-Korea Free 
                Trade Agreement, which was incorporated by reference 
                into Proclamation 8783. Annex II to Publication 4308 
                incorrectly stated certain staged reductions in rates 
                of duty for originating goods of Korea classified in 
                chapter 17 of the HTS. I have determined that 
                modifications to the HTS are necessary to correct the 
                technical errors.

                21. 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, 
                continuation, 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

[[Page 80620]]

                to section 506A(a)(3) of the 1974 Act, 19 U.S.C. 
                3601(a), 50 U.S.C. 1701 et seq., 50 U.S.C. 1601 et 
                seq., section 4(b) of the USIFTA Act, section 502(e) of 
                the 1974 Act, the United States-Panama Trade Promotion 
                Agreement Implementation Act, the United States-
                Colombia Trade Promotion Agreement Implementation Act, 
                the United States-Bahrain Free Trade Agreement 
                Implementation Act, the United States-Korea Free Trade 
                Agreement Implementation Act, and section 604 of the 
                1974 Act, do proclaim that:

                    (1) The designation of Burundi as a beneficiary 
                sub-Saharan African country for purposes of section 
                506A of the 1974 Act is terminated, effective on 
                January 1, 2016.
                    (2) In order to reflect in the HTS that beginning 
                on January 1, 2016, Burundi shall no longer be 
                designated as a beneficiary sub-Saharan African 
                country, general note 16(a) to the HTS is modified by 
                deleting ``Republic of Burundi'' from the list of 
                beneficiary sub-Saharan African countries.
                    (3) In order to ensure that imports of sugar do not 
                disrupt the orderly marketing of commodities in the 
                United States, the HTS is modified as set forth in 
                Annex I to this proclamation.
                    (4) In order to implement Executive Order 13651 of 
                August 6, 2013, as authorized by the International 
                Emergency Economic Powers Act and the National 
                Emergencies Act, the HTS is modified as provided in 
                Annex II to this proclamation.
                    (5) In order to implement U.S. tariff commitments 
                under the 2004 Agreement through December 31, 2016, the 
                HTS is modified as provided in Annex III to this 
                proclamation.
                    (6)(a) The modifications to the HTS set forth in 
                Annex III 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, 2016.

  (b) The provisions of subchapter VII of chapter 99 of the HTS, as 
modified by Annex III to this proclamation, shall continue in effect 
through December 31, 2016.

                    (7) In order to make technical corrections 
                necessary to provide the intended tariff treatment to 
                goods of St. Kitts and Nevis in accordance with 
                Presidential Proclamation 8921 of December 20, 2012, 
                the HTS is modified as set forth in Annex IV to this 
                proclamation.
                    (8) In order to make technical corrections 
                necessary to provide the intended tariff treatment to 
                goods of Panama in accordance with Presidential 
                Proclamation 8894 of October 29, 2012, the HTS is 
                modified as set forth in Annex IV to this proclamation.
                    (9) In order to make technical corrections 
                necessary to provide the intended tariff treatment to 
                goods of Colombia in accordance with Presidential 
                Proclamation 8818 of May 14, 2012, the HTS is modified 
                as set forth in Annex IV to this proclamation.
                    (10) In order to make technical corrections 
                necessary to provide the intended tariff treatment to 
                goods of Bahrain in accordance with Presidential 
                Proclamation 8039 of July 27, 2006, the HTS is modified 
                as set forth in Annex IV to this proclamation.
                    (11) In order to make technical corrections 
                necessary to provide the intended tariff treatment to 
                goods of Korea in accordance with Presidential 
                Proclamation 8783 of March 6, 2012, the HTS is modified 
                as set forth in Annex IV to this proclamation.
                    (12) 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 80621]]

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

Billing code 3295-F6-P



[[Page 80622]]

[GRAPHIC] [TIFF OMITTED] TD24DE15.002


[[Page 80623]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.003


[[Page 80624]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.004


[[Page 80625]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.005


[[Page 80626]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.006


[[Page 80627]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.007


[[Page 80628]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.008


[[Page 80629]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.009


[[Page 80630]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.010


[[Page 80631]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.011


[[Page 80632]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.012


[[Page 80633]]




[GRAPHIC] [TIFF OMITTED] TD24DE15.013


[FR Doc. 2015-32679
Filed 12-23-15; 11:15 am]
Billing code 7020-02-C