To Implement the Nepal Preference Program and for Other Purposes, 92499-92547 [2016-30738]
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92499
Presidential Documents
Federal Register
Vol. 81, No. 244
Tuesday, December 20, 2016
Title 3—
Proclamation 9555 of December 15, 2016
The President
To Implement the Nepal Preference Program and for Other
Purposes
By the President of the United States of America
A Proclamation
1. Section 915(b) of the Trade Facilitation and Trade Enforcement Act of
2015 (the ‘‘TFTEA’’) (19 U.S.C. 4454) confers authority upon the President
to provide preferential treatment for eligible articles imported directly from
Nepal into the customs territory of the United States if the President determines that Nepal meets the eligibility requirements specified in section
915(b)(1)(A) of the TFTEA, taking into account the factors specified in section
915(b)(1)(B) of the TFTEA.
2. Pursuant to section 915(b) of the TFTEA, I have determined that Nepal
meets the eligibility requirements of section 915(b)(1)(A), taking into account
the factors specified in section 915(b)(1)(B).
3. Section 915(c) of the TFTEA describes the requirements for articles from
Nepal to be considered eligible for duty-free treatment. Pursuant to section
915(c)(2)(A)(iv) of the TFTEA, the President may designate certain articles
as eligible for duty-free treatment when imported from Nepal if, after receiving the advice of the United States International Trade Commission (Commission) in accordance with section 503(e) of the Trade Act of 1974 (the
‘‘Trade Act’’) (19 U.S.C. 2463(e)), the President determines that such articles
are not import-sensitive in the context of imports from Nepal.
4. Pursuant to sections 915(c)(2)(A)(iv) of the TFTEA, and after receiving
advice from the Commission in accordance with section 503(e) of the Trade
Act, I have determined to designate the articles included in Annex I of
this proclamation as eligible for duty-free treatment when imported from
Nepal.
5. Section 604 of the Trade Act (19 U.S.C. 2483), as amended, authorizes
the President to embody in the Harmonized Tariff Schedules of the United
States (the ‘‘HTS’’) (19 U.S.C. 1202) the substance of the relevant provisions
of the Trade Act and of other Acts affecting import treatment, and actions
thereunder, including removal, modification, continuance, or imposition of
any rate of duty or other import restriction.
jstallworth on DSK7TPTVN1PROD with PRES DOC
6. In order to implement the duty-free treatment provided in accordance
with the provisions of the TFTEA, it is necessary to modify the HTS,
thus incorporating the substance of relevant provisions of the TFTEA, and
of actions taken thereunder, into the HTS, pursuant to section 604 of the
Trade Act.
7. In Proclamation 7748 of December 30, 2003, President Bush determined
that the Central African Republic was not making continual progress in
meeting the requirements described in section 506A(a)(1) of the Trade Act
(19 U.S.C. 2466a(a)), as added by section 111(a) of the African Growth
and Opportunity Act (the ‘‘AGOA’’). Thus, pursuant to section 506A(a)(3)
of the Trade Act (19 U.S.C. 2466a(a)(3)), President Bush terminated the
designation of the Central African Republic as a beneficiary sub-Saharan
African country for purposes of section 506A of the Trade Act.
8. Section 506A(a)(1) of the Trade Act authorizes the President to designate
a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a ‘‘beneficiary
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Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
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 Trade Act (19 U.S.C. 2462).
9. Pursuant to section 506A(a)(1) of the Trade Act, based on actions that
the Central African Republic has taken, I have determined that the Central
African Republic meets the eligibility requirements set forth in section 104
of the AGOA and the eligibility criteria set forth in section 502 of the
Trade Act, and I have decided to designate the Central African Republic
as a beneficiary sub-Saharan African country.
10. 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 section 3 of the United States-Israel Free
Trade Area Implementation Act of 1985 (the ‘‘USIFTA Act’’) (19 U.S.C.
2112 note).
11. 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.
12. 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 US-Israel Agreement’’).
13. In Proclamation 7826 of October 4, 2004, consistent with the 2004
US-Israel Agreement, President Bush 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.
14. Each year from 2008 through 2015, the United States and Israel entered
into agreements to extend the period that the 2004 US-Israel Agreement
was in force for 1-year periods to allow additional time for the two governments to conclude an agreement to replace the 2004 US-Israel Agreement.
jstallworth on DSK7TPTVN1PROD with PRES DOC
15. 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; Proclamation 9223 of December 23, 2014; and Proclamation
9383 of December 21, 2015, 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.
16. On December 5, 2016, the United States entered into an agreement
with Israel to extend the period that the 2004 US-Israel Agreement is in
force through December 31, 2017, and to allow for further negotiations
on an agreement to replace the 2004 US-Israel Agreement.
17. 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, 2017, for specified quantities of certain agricultural
products of Israel.
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18. Section 1206(a) of the Omnibus Trade and Competitiveness Act of 1988
(the ‘‘1988 Act’’) (19 U.S.C. 3006(a)) authorizes the President to proclaim
modifications to the HTS based on the recommendations of the Commission
under section 1205 of the 1988 Act (19 U.S.C. 3005) if he determines
that the modifications are in conformity with United States obligations under
the International Convention on the Harmonized Commodity Description
and Coding System (Convention) and do not run counter to the national
economic interest of the United States. In 2006 and 2011, the Commission
recommended modifications to the HTS pursuant to section 1205 of the
1988 Act to conform the HTS to amendments made to the Convention.
In Proclamation 8097 of December 29, 2006, and Proclamation 8771 of
December 29, 2011, President Bush and I, respectively, modified the HTS
pursuant to section 1206 of the 1988 Act to conform the HTS to the amendments to the Convention.
19. Proclamation 8332 of December 29, 2008, implemented the United StatesOman Free Trade Agreement (the ‘‘USOFTA’’) with respect to the United
States and, pursuant to section 201 of the United States-Oman Free Trade
Agreement Implementation Act (the ‘‘USOFTA Act’’) (19 U.S.C. 3805 note),
the staged reductions in rates of duty that President Bush determined to
be necessary or appropriate to carry out or apply articles 2.3, 2.5, 2.6,
3.2.8, and 3.2.9, and the schedule of duty reductions with respect to Oman
set forth in Annex 2–B of the USOFTA.
20. In order to ensure the continuation of the staged reductions in rates
of duty for originating goods from Oman in categories that were modified
to conform to the Convention, President Bush and I proclaimed in Proclamation 8097 and Proclamation 8771, respectively, modifications to the HTS
that we determined were necessary or appropriate to carry out the duty
reductions proclaimed in Proclamation 8332.
21. The United States and Oman are parties to the Convention. Because
the substance of changes to the Convention are reflected in slightly differing
form in the national tariff schedules of the United States and Oman, the
rules of origin set out in Annex 3–A and Annex 4–A of the USOFTA
must be changed to ensure that the tariff and certain other treatment accorded
under the USOFTA to originating goods will continue to be provided under
the tariff categories that were modified in Proclamation 8097 and Proclamation 8771. The United States and Oman have agreed to make these changes.
22. Section 202 of the USOFTA Act (19 U.S.C. 3805 note) provides certain
rules for determining whether a good is an originating good for the purposes
of implementing preferential tariff treatment under the USOFTA. Section
202(j) of the USOFTA Act authorizes the President to proclaim the rules
of origin set out in the USOFTA and any subordinate tariff categories necessary to carry out the USOFTA, subject to the exceptions stated in section
202(j)(2)(A) of the USOFTA Act.
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23. I have determined that the modifications to the HTS proclaimed pursuant
to section 202 of the USOFTA Act and section 1206(a) of the 1988 Act
are necessary or appropriate to ensure the continuation of tariff and certain
other treatment accorded originating goods under tariff categories modified
in Proclamation 8097 and Proclamation 8771 and to carry out the duty
reductions proclaimed in Proclamation 8332.
24. Section 604 of the Trade Act 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 removal,
modification, continuance, or imposition of any rate of duty or other import
restriction. Section 1206(c) of the 1988 Act (19 U.S.C. 3006(c)), as amended,
provides that modifications proclaimed by the President may not take effect
before the thirtieth day after the date on which the text of the proclamation
is published in the Federal Register.
25. Proclamation 8894 of October 29, 2012, implemented the United StatesPanama Trade Promotion Agreement (the ‘‘USPTPA’’) with respect to the
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United States and, pursuant to section 201 of the United States-Panama
Trade Promotion Agreement Implementation Act (the ‘‘USPTPA Act’’) (19
U.S.C. 3805 note), the staged reductions in duty that the President determined
to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6,
3.26, 3.27, 3.28, and 3.29, and the schedule of duty reductions with respect
to Panama set forth in Annex 3.3 of the USPTPA.
26. The United States and Panama are parties to the Convention. Because
changes to the Convention are reflected in slight differences of form between
the national tariff schedules of the United States and Panama, the rules
of origin set out in Annex 4.1 of the USPTPA must be changed to ensure
that the tariff and certain other treatment accorded under the USPTPA
Act to originating goods will continue to be provided under the tariff categories that were proclaimed in Proclamation 8894. The United States and
Panama have agreed to make these changes.
27. Section 202 of the USPTPA Act (19 U.S.C. 3805 note) provides certain
rules for determining whether a good is an originating good for the purposes
of implementing tariff treatment under the USPTPA. Section 202(o) of the
USPTPA Act authorizes the President to proclaim the rules of origin set
out in the USPTPA and any subordinate tariff categories necessary to carry
out the USPTPA, subject to the exceptions stated in section 202(o) of the
USPTPA Act.
28. I have determined that the modifications to the HTS proclaimed pursuant
to section 202 of the USPTPA Act and section 1206(a) of the 1988 Act
are necessary or appropriate to ensure the continuation of tariff and certain
other treatment accorded originating goods under tariff categories modified
in Proclamation 8097 and Proclamation 8771 and to carry out the duty
reductions proclaimed in Proclamation 8894.
29. Section 604 of the Trade Act authorizes the President to embody in
the HTS the substance of relevant provisions of that Act, or other Acts
affecting import treatment, and of actions taken thereunder, including removal, modification, continuance, or imposition of any rate of duty or other
import restriction. Section 1206(c) of the 1988 Act provides that modifications
proclaimed by the President may not take effect before the thirtieth day
after the date on which the text of the proclamation is published in the
Federal Register.
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30. Proclamation 7987 of February 28, 2006, implemented the Dominican
Republic-Central America-United States Free Trade Agreement (the ‘‘CAFTADR’’) with respect to the United States and, pursuant to section 201 of
the Dominican Republic-Central America-United States Free Trade Agreement
Implementation Act (the ‘‘CAFTA-DR Act’’) (19 U.S.C. 4031), the staged
reductions in duty that the President determined to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and
3.28, and Annexes 3.3 (including the schedule of United States duty reductions with respect to originating goods), 3.27, and 3.28 of the CAFTADR.
31. The United States, Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua (the ‘‘CAFTA-DR countries’’) are parties
to the Convention. Because changes to the Convention are reflected in slight
differences of form between the national tariff schedules of the United
States and the other CAFTA-DR countries, Annexes 4.1, 3.25, and 3.29
of the CAFTA-DR must be changed to ensure that the tariff and certain
other treatment accorded under the CAFTA-DR to originating goods will
continue to be provided under the tariff categories that were proclaimed
in Proclamation 7987. The United States and the other CAFTA-DR countries
have agreed to make these changes.
32. Section 201 of the CAFTA-DR Act authorizes the President to proclaim
such modifications or continuation of any duty, such continuation of dutyfree or excise treatment, or such additional duties, as the President determines
to be necessary or appropriate to carry out or apply articles 3.3, 3.5, 3.6,
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92503
3.21, 3.26, 3.27, and 3.28, and Annexes 3.3 (including the schedule of
United States duty reductions with respect to originating goods), 3.27, and
3.28 of the CAFTA-DR.
33. I have determined that the modifications to the HTS proclaimed pursuant
to section 201 of the CAFTA-DR Act and section 1206(a) of the 1988 Act
are necessary or appropriate to ensure the continuation of tariff and certain
other treatment accorded originating goods under tariff categories modified
in Proclamation 8097 and Proclamation 8771 and to carry out the duty
reductions proclaimed in Proclamation 7987.
34. Section 604 of the Trade Act authorizes the President to embody in
the HTS the substance of relevant provisions of that Act, or other Acts
affecting import treatment, and of actions taken thereunder, including removal, modification, continuance, or imposition of any rate of duty or other
import restriction. Section 1206(c) of the 1988 Act provides that modifications
proclaimed by the President may not take effect before the thirtieth day
after the date on which the text of the proclamation is published in the
Federal Register.
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 915 of the TFTEA (19 U.S.C. 4454), section 506A(a)(1) of the
Trade Act (19 U.S.C. 2466a(a)); section 4(b) of the USIFTA Act (19 U.S.C.
2112 note); section 301 of title 3, United States Code; section 1206(a) of
the 1988 Act (19 U.S.C. 3006(a)); section 202 of the USOFTA Act (19
U.S.C. 3805 note); section 202 of the USPTPA Act (19 U.S.C. 3805 note);
section 201 of the CAFTA-DR Act (19 U.S.C. 4031); and section 604 of
the Trade Act (19 U.S.C. 2483), do proclaim that:
(1) In order to provide for the preferential treatment provided for in
section 915 of the TFTEA, the HTS is modified as provided in Annex
I to this proclamation. The modifications to the HTS set forth in Annex
I shall continue in effect through December 31, 2025.
(2) The Central African Republic is designated as a beneficiary sub-Saharan
African country.
(3) In order to reflect this designation in the HTS, general note 16(a)
and U.S. note 1 to subchapter XIX of chapter 98 to the HTS are each
modified by inserting in alphabetical sequence in the list of beneficiary
sub-Saharan African countries ‘‘Central African Republic.’’ Further, note
2(d) to subchapter XIX of chapter 98 is modified by inserting in alphabetical
sequence in the list of lesser developed beneficiary sub-Saharan African
countries ‘‘Central African Republic.’’
(4) In order to implement U.S. tariff commitments under the 2004 USIsrael Agreement through December 31, 2017, the HTS is modified as
provided in Annex II to this proclamation.
(5) The modifications to the HTS set forth in Annex II 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, 2017.
jstallworth on DSK7TPTVN1PROD with PRES DOC
(6) The provisions of subchapter VII of chapter 99 of the HTS, as modified
by Annex II to this proclamation, shall continue in effect through December
31, 2017.
(7) In order to reflect in the HTS the modifications to the rules of origin
under the USOFTA, general note 31 to the HTS is modified as provided
in Annex III to this proclamation.
(8) The modifications and technical rectifications to the HTS set forth
in Annex III to this proclamation shall be effective with respect to goods
entered, or withdrawn from warehouse for consumption, on or after the
later of (i) February 1, 2017, or (ii) the thirtieth day after the date of
publication of this proclamation in the Federal Register.
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(9) In order to provide generally for the modifications in the rules for
determining whether goods imported into the customs territory of the
United States are eligible for preferential tariff treatment under Annex
4.1 of the USPTPA, to provide preferential tariff treatment for certain
other goods under the USPTPA, and to make technical and conforming
changes in the general notes to the HTS, the HTS is modified as set
forth in Annex IV to this proclamation.
(10) The modifications to the HTS made by paragraph (9) of this proclamation shall enter into effect on the date, as announced by the United
States Trade Representative in the Federal Register, that the conditions
set forth in the Agreement have been fulfilled, and shall be effective
with respect to goods entered, or withdrawn from warehouse for consumption, on or after that date.
(11) In order to provide generally for the modifications in the rules for
determining whether goods imported into the customs territory of the
United States are eligible for preferential tariff treatment under the CAFTADR, to provide preferential tariff treatment for certain other goods under
the CAFTA-DR, and to make technical and conforming changes in the
general notes to the HTS, the HTS is modified as set forth in Annex
V to this proclamation.
(12) The modifications to the HTS made by paragraph (11) of this proclamation shall enter into effect on the date, as announced by the United
States Trade Representative in the Federal Register, that the applicable
conditions set forth in the CAFTA-DR have been fulfilled, and shall be
effective with respect to goods entered, or withdrawn from warehouse
for consumption, on or after that date.
(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.
Billing code 3295–F7–P
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IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day
of December, in the year of our Lord two thousand sixteen, and of the
Independence of the United States of America the two hundred and fortyfirst.
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92505
ANNEX I
MODIFICATIONS TO THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES, AS
REQUIRED BY THE TRADE FACILITATION AND TRADE ENFORCEMENT
ACT
Effective with respect to goods the product ofNepal that are entered, or withdrawn from
warehouse for consumption, on or after December 30,2016 and through December 31,
2025, the Harmonized Tariff Schedule ofthe United States (HTS) is hereby modified as
follows:
1. General note 4 is modified by inserting at the end thereof the following new
subdivision (e):
"(e) Notwithstanding the provisions of subdivision (c) of this note, articles provided
for in a provision for which a rate of duty of "Free" appears in the "Special"
subcolumn followed by the symbol "NP" in parentheses are those designated by
the President to be eligible articles for purposes of section 915 of the Trade
Facilitation and Trade Enforcement Act of2015. An article described in this
subdivision is eligible for this treatment if(i)(1)
(2)
the article is the growth, product or manufacture ofNepal; and
in the case of a textile or apparel article, Nepal is the country of
origin ofthe article, as determined under section 102.21 oftitle 19,
Code of Federal Regulations (as in effect on February 24, 2016),
(ii)
the article is imported directly from Nepal into the customs
territory of the United States; and
(iii)
the sum of the cost or value of the materials produced in, and the
direct costs of processing operations performed in, Nepal or the
customs territory of the United States is not less than 35 percent of
the appraised value of the article at the time it is entered.
1
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An article shall not be treated as the growth, product or manufacture of Nepal
for the purposes of this subdivision by virtue of having merely undergone (A)
simple combining or packaging operations, or (B) mere dilution with water or
mere dilution with another substance that does not materially alter the
characteristics of the article. For purposes of subdivision (iii) above, the cost or
value of materials produced in, and the direct costs of processing operations
performed in, the customs territory of the United States and attributed to the 35
percent requirement under such subdivision may not exceed 15 percent of the
appraised value of the article at the time it is entered."
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2. The Rates of Duty 1-Special subcolumn for each of the subheadings enumerated in the
table below is modified by inserting the symbol "NP," in the parenthetical expression
following the "Free" rate of duty in such subcolumn for each such subheading:
4202.32.80
5701.10.90
6216.00.80
4202.12.21
4202.32.91
5702.31.20
6217.10.85
4202.12.29
4202.32.93
5702.49.20
6301.90.00
4202.12.40
4202.32.99
5702.50.40
6308.00.00
4202.12.60
4202.91.10
5702.50.59
6504.00.90
4202.12.81
4202.91.90
5702.91.30
6505.00.08
4202.12.89
4202.92.08
5702.91.40
6505.00.15
4202.21.60
4202.92.15
5702.92.90
6505.00.20
4202.21.90
4202.92.20
5702.99.15
6505.00.25
4202.22.15
4202.92.31
5703.10.20
6505.00.30
4202.22.40
4202.92.33
5703.10.80
6505.00.40
4202.22.45
4202.92.39
5703.90.00
6506.00.50
4202.22.60
4202.92.45
5705.00.20
6506.00.60
4202.22.70
4202.92.60
6117.10.60
6505.00.80
4202.22.81
4202.92.91
6117.80.85
6505.00.90
4202.22.89
4202.92.93
6214.10.10
6506.99.30
4202.29.50
4202.92.94
6214.10.20
6506.99.60
4202.29.90
4202.92.97
6214.20.00
4202.31.60
4202.99.90
6214.40.00
4202.32.40
4203.29.50
6214.90.00
2
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4202.11.00
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92507
ANNEX II
TEMPORARY EXTENSION OF CERTAIN PROVISIONS OF
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
Effective with respect to eligible agricultural products of Israel which are entered, or
withdrawn from warehouse for consumption, on or after January 1, 2017, and before the
close of December 31, 2017, 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 striking "December 31, 2016," and by
inserting in lieu thereof "December 31, 20 17".
2. U.S. note 3 to such subchapter is modified by adding at the end of the "Applicable
time period" column in the table "Calendar year 2017" and by adding at the end of the
"Quantity (kg)" column opposite such year the quantity "466,000".
3. U.S. note 4 to such subchapter is modified by adding at the end of the "Applicable
time period" column in the table "Calendar year 2017" and by adding at the end of the
"Quantity (kg)" column opposite such year the quantity "1,304,000".
4. U.S. note 5 to such subchapter is modified by adding at the end of the "Applicable
time period" column in the table "Calendar year 20 17" and by adding at the end of the
"Quantity (kg)" column opposite such year the quantity "1,534,000".
5. U.S. note 6 to such subchapter is modified by adding at the end of the "Applicable
time period" column in the table "Calendar year 2017" and by adding at the end of the
"Quantity (kg)" column opposite such year the quantity "131,000".
3
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6. U.S. note 7 to such subchapter is modified by adding at the end of the "Applicable
time period" column in the table "Calendar year 2017" and by adding at the end of the
"Quantity (kg)" column opposite such year the quantity "707,000".
92508
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
ANNEX III
MODIFICATIONS TO THE RULES OF ORIGIN FOR THE
U.S.-OMAN FREE TRADE AGREEMENT, AS REFLECTED
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
Effective with respect to goods of Oman, under the terms of general note 31 of the
Harmonized Tariff Schedule of the United States (HTS), that are entered, or withdrawn
from warehouse for consumption, on or after February 1, 2017, or the thirtieth day after
the date of publication of this proclamation in the Federal Register, general note 31 to the
HTS is modified as follows:
1. Tariff Classification Rule (TCR) 2 to chapter 54 is modified by deleting "5402.43.1 0"
and replacing in lieu thereof""5402.47.10".
2. TCR 1 to chapter 61 is modified by deleting "61 01.1 0" and replacing in lieu thereof
"61 0 1.20".
3. TCR 2 to chapter 61 is deleted and the following new TCR is inserted in lieu thereof:
"2.
(A)
A change to goods of wool or fine animal hair of subheading
6101.90 from any other chapter, except from heading 5106 through
5113, 5204 through 5212, 5307 through 5308 or 5310 through
5311, chapter 54 or headings 5508 through 5516 or 6001 through
6006, provided that:
·
(i)
(ii)
(B)
the good is cut or knit to shape, or both, and sewn or
otherwise assembled in the territory of Oman or the United
States, or both; and
any visible lining material used in the apparel article
satisfies the requirements of chapter rule 1 to chapter 61.
A change to any other good of subheading 6101.90 from any other
chapter, except from heading 5106 through 5113, 5204 through
5212,5307 through 5308 or 5310 through 5311, chapter 54 or
heading 5508 through 5516 or 6001 through 6006, provided that
the good is cut or knit to shape, or both, and sewn or otherwise
assembled in the territory of Oman or the United States, or both."
4. TCRs 5 through 7, inclusive, to chapter 61 are deleted and the following new TCRs
·
are inserted in lieu thereof:
A change to tariff items 6103.10.70 or 6103.10.90 from any other chapter,
except from headings 5106 through 5113, 5204 through 5212, 5307
through 5308 or 5310 through 5311, chapter 54 or headings 5508 through
4
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"5.
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92509
5516 or 6001 through 6006, provided that the good is cut or knit to shape,
or both, and sewn and otherwise assembled in the territory of Oman or the
United States, or both.
6.
A change to subheading 6103.10 from any other chapter, except from
headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or
5310 through 5311, chapter 54 or headings 5508 through 5516 or 6001
through 6006, provided that:
(A)
the good is cut or knit to shape, or both, and sewn or otherwise
assembled in the territory of Oman or the United States, or both;
and
(B)
any visible lining material used in the apparel article satisfies the
requirements of chapter rule 1 to chapter 61."
5. TCR 8 to chapter 61 is modified by deleting "61 03.21" and replacing in lieu thereof
"6103.22".
6. TCR 13 to chapter 61 is modified by deleting "subheadings 6104.11 through 6104.13"
and replacing in lieu thereof"subheading 6104.13".
7. TCR 16 to chapter 61 is modified by deleting "61 04.21" and replacing in lieu thereof
"6104.22".
8. TCR 12 to chapter 62 is modified by deleting "6203.21" and replacing in lieu thereof
"6203 .22".
9. TCR 29 to chapter 62 is deleted.
10. TCR 35 to chapter 62 is modified by deleting "6211.31" and replacing in lieu thereof
"6211.32".
11. TCR 2 to chapter 63 is modified by deleting "5402.43 .10" and replacing in lieu
thereof "5402.4 7.1 0".
12. The following new heading rule and TCRs to chapter 96 are inserted in numerical
sequence:
5
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"Heading Rule 1: For purposes of determining the origin of tariff item
9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46, 9619.00.61, 9619.00.64,
9619.00.68, 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74, 9619.00.78,
9619.00.79, or 9619.00.90, the rule applicable to that good shall only apply to the
component that determines the tariff classification of the good and such
component must satisfy the tariff change requirements set out in the rule for that
good.
92510
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
A change to tariff item 9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46,
9619.00.61, 9619.00.64, or 9619.00.68, from any other chapter, except
from headings 5106 through 5113, 5204 through 5212, 5307 through 5308
or 5310 through 5311, chapter 54, or headings 5508 through 5516 or 6001
through 6006, provided that the good is cut or knit to shape, or both, and
sewn or otherwise assembled in the territory of Oman or ofthe United
States, or both.
2.
A change to tariff items 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74,
9619.00.78, 9619.00.79, or 9619.00.90, from any other chapter, except
from headings 5106 through 5113, 5204 through 5212, 5307 through
5308, or 5310 through 5311, chapter 54, or headings 5508 through 5516,
5801 through 5802, or 6001 through 6006, provided that the good is both
cut and sewn or otherwise assembled in the territory of Oman or of the
United States, or both.
3.
A change to tariff items 9619.00.21 or 9619.00.25 from any other chapter,
except from heading 5106 through 5113, 5204 through 5212, 5307
through 5308, or 5310 through 5311, or chapter 54 through 55."
6
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I.
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92511
ANNEX IV
MODIFICATIONS TO THE RULES OF ORIGIN FOR THE
U.S.-PANAMA TRADE PROMOTION AGREEMENT, AS REFLECTED
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
Effective with respect to goods of Panama, under the terms of general note 35 of the
Harmonized Tariff Schedule of the United States (HTS), that are entered, or withdrawn
from warehouse for consumption, on or after the date announced by the United States
Trade Representative and published in the Federal Register, general note 35 to the HTS is
modified as follows:
1. Tariff classification rule (TCR) 1 to chapter 3 is modified by deleting "0307" and
inserting in lieu thereof"0308".
2. TCR 2 to chapter 15 is deleted and the following new TCR is inserted in lieu thereof:
"2.
A change to heading 1511 from any other chapter, except from
palm nuts or kernels of subheading 1207.10."
3. TCR 9 to chapter 20 is modified by deleting "2009.80" at each instance and inserting
in lieu thereof"2009.89".
4. TCR 12 to chapter 28 is deleted.
5. TCR 16 to chapter 28 is modified by deleting "2851" and inserting in lieu thereof
"2853".
6. TCR 5 to chapter 29 is modified by deleting "2918.90" and inserting in lieu thereof
"2918.99".
7. TCR 13 to chapter 29 is deleted and the following new TCRs are inserted in lieu
thereof:
"13.
A change to subheadings 2936.21 through 2936.29 from any other
subheading.
13A.
(A)
A change to unmixed provitamins of subheading 2936.90 from any
other good of subheading 2936.90 or from any other subheading;
or
(B)
A change to any other good of subheading 2936.90 from unmixed
provitamins of subheading 2936.90 or from any other subheading.
13B.
A change to subheadings 2937.11 through 2939.99 from any other
subheading."
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7
92512
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
8. TCR 1 to chapter 30 is modified by deleting "3001.10" and inserting in lieu thereof
"3001.20".
9. TCR 3 to chapter 30 is modified by deleting "3006.80" and inserting in lieu thereof
"3006.92".
10. TCR 1 to chapter 33 is modified by deleting "3301.11" and inserting in lieu thereof
"3301.12".
11. TCR 5 to chapter 34 is modified by deleting "3404.1 0" and inserting in lieu thereof
"3404.20".
12. TCR 2 to chapter 38 is deleted and the following new TCR is inserted in lieu thereof:
"2.
A change to subheadings 3808.50 through 3808.99 from any other
subheading provided that not less than 50 percent by weight ofthe total
active ingredient or ingredients is originating."
13. New TCR 5 to chapter 38 is inserted in numerical sequence:
"5.
A change to heading 3826 from any other heading."
14. TCR 4 to chapter 39 is deleted and the following new TCR is inserted in lieu thereof:
(A)
A change to subheading 3920.10 through 3920.99 from any other
subheading; or
(B)
A change to vulcanized fiber of subheading 3920.79 from any
other good of subheading 3920.79 or from any other subheading;
or
(C)
"4.
No change in tariff classification is required, provided that there is
a regional value content of not less than:
(1)
25 percent under the build-up method, or
(2)
30 percent under the build-down method."
15. TCR 17 to chapter 42 is modified by deleting "4204" and inserting in lieu thereof
"4205".
8
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16. TCR 7 to chapter 48 is modified by deleting "4818.40" and inserting in lieu thereof
"4818.50".
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92513
17. TCR 2 to chapter 54 is modified by deleting "5402.43.1 0" and inserting in lieu
thereof "5402.4 7.1 0".
18. TCR 1 to chapter 61 is modified by deleting "6101.10" and inserting in lieu thereof
"61 0 1.20".
19. TCR 2 to chapter 61 is deleted and the following new TCR is inserted in lieu thereof:
"2.
A change to goods of wool or fine animal hair of subheading 6101.90
from any other chapter, except from headings 5111 through 5113, 5204
through 5212, 5310 through 5311, chapter 54, headings 5508 through
5516 or 6001 through 6006, provided that:
(A)
(B)
2A.
the good is cut or knit to shape, or both, and sewn or otherwise
assembled in the territory of Panama or the United States, or both,
and
any visible lining material contained in the apparel article satisfies
the requirements of chapter rule 1 for chapter 61; or
A change to any other good of subheading 6101.90 from any other
chapter, except from headings 5111 through 5113, 5204 through 5212,
5310 through 5311, chapter 54, headings 5508 through 5516 or 6001
through 6006, provided that the good is cut or knit to shape, or both, and
sewn or otherwise assembled in the territory of Panama or the United
States, or both."
20. TCR 6 to chapter 61 is modified by deleting "6103.19.60 or 6103.19.90" and
inserting in lieu thereof"6103.10.70 or 6103.10.90".
21. TCR 7 to chapter 61 is modified by deleting "6103.19" and inserting in lieu thereof
"6103.10".
22. TCR 8 to chapter 61 is modified by deleting "6103.21" and inserting in lieu thereof
"6103.22".
23. TCR 13 to chapter 61 is modified by deleting "subheadings 6104.11 through
6104.13" and inserting in lieu thereof"subheading 6104.13".
24. TCR 16 to chapter 61 is modified by deleting "6104.21" and inserting in lieu thereof
"61 04.22".
9
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25. TCR 12 to chapter 62 is modified by deleting "6203.21" and inserting in lieu thereof
"6203 .22".
92514
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
26. TCR 33 to chapter 62 is deleted and the following new TCR is inserted in lieu
thereof:
"33.
A change to pajamas and nightwear of subheadings 6207.21 or 6207.22,
tariff items 6207.91.3010 or 6207.99.8510, subheadings 6208.21 or
6208.22 or tariff items 6208.91.30, 6208.92.00 or 6208.99.20 from any
other chapter, provided that the good is cut or knit to shape, or both, and
sewn or otherwise assembled in the territory of Panama or of the United
States, or both."
27. TCR 38 to chapter 62 is modified by deleting "6211.31" and inserting in lieu thereof
"6211.32".
28. TCR 1 to chapter 64 is deleted and the following new TCR is inserted in lieu thereof:
A change to subheading 6401.10 or tariff items 6401.92.90, 6401.99.10,
6401.99.30, 6401.99.60, 6401.99.90, 6402.30.70, 6402.91.10, 6402.91.20,
6402.91.26, 6402.91.50, 6402.91.80, 6402.91.90, 6402.99.08, 6402.99.16,
6402.99.19, 6402.99.33, 6402.99.80, 6402.99.90, 6404.11.90 or
6404.19.20 from any other heading outside headings 6401 through 6405,
except from subheading 6406.10, provided that there is a regional value
content of not less than 55 percent under the build-up method."
"1.
29. TCR 2 to chapter 65 is deleted and the following new TCR is inserted in lieu thereof:
A change to headings 6504 through 6506 from any other heading, except
from headings 6504 through 6507."
"2.
30. TCRs 2 through 4, inclusive, to chapter 68 are deleted and the following new TCRs
are inserted in lieu thereof:
"2.
A change to subheadings 6812.80 through 6812.91from any other
subheading.
3.
A change to subheadings 6812.92 through 6812.93 from any other
subheading outside that group.
4.
A change to subheading 6812.99 from any other heading."
31. TCR 11 to chapter 70 is deleted and the following new TCR is inserted in lieu
thereof:
A change to headings 7011 through 7018 from any other heading outside
that group, except from glass inners for vacuum flasks or other vacuum
vessels of heading 7020, or headings 7007 through 7008."
10
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"11.
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92515
32. TCR 13 to chapter 73 is modified by deleting "7321.83" at each instance and
inserting in lieu thereof"7321.89".
33. TCR 2 to chapter 78 is deleted and the following new TCRs are inserted in lieu
thereof:
"2.
A change to heading 7804 from any other heading.
3.
(A)
A change to lead bars, rods, profiles or wire of heading 7806 from
any other good of heading 7806 or any other heading; or
(B)
A change to lead tubes, pipes or tube or pipe fittings of heading
7806 from any other good of heading 7806 or any other heading;
or
(C)
A change to any other good of heading 7806 from lead bars, rods,
profiles, or wire of heading 7806, or from lead tubes, pipes or tube
or pipe fittings of heading 7806 or any other heading."
34. TCR 4 to chapter 79 is modified by deleting "7907" and inserting in lieu thereof
"7905".
35. The following new TCR for chapter 79 is inserted immediately below TCR 4:
(A)
A change to zinc tubes, pipes or tube or pipe fittings of heading
7907 from any other good of heading 7907 or any other heading;
or
(B)
"5.
A change to any other good of heading 7907 from zinc tubes, pipes
or tube or pipe fittings of heading 7907 or any other heading."
36. TCRs 2 through 4, inclusive, to chapter 80 are deleted and the following new TCRS
are inserted in lieu thereof:
"2.
A change to heading 8003 from any other heading.
3.
(A)
A change to tin plates, sheets or strip, of a thickness exceeding 0.2
mm, ofheading 8007 from any other good of heading 8007 or any
other heading; or
(B)
A change to tin foil, of a thickness not exceeding 0.2 mm, tin
powders or flakes of heading 8007 from any other good of heading
8007, except from tin plates, sheets or strip, of a thickness
exceeding 0.2 mm of heading 8007, or any other heading; or
(C)
A change to tin tubes, pipes and tube or pipe fittings of heading
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11
92516
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
8007 from any other good of heading 8007 or any other heading;
or
(D)
A change to any other good of heading 8007 from tin plates, sheets
or strip, of thickness exceeding 0.2 mm, tin foil of thickness not
exceeding 0.2 mm, tin powders or flakes, tin tubes, pipes or tube or
pipe fittings of heading 8007 or any other heading."
37. TCR 2 to chapter 81 is deleted.
38. TCR 3 to chapter 81 is deleted and the following new TCR is inserted in lieu thereof:
"3.
A change to subheading 8101.96 from any other subheading, except from
bars and rods (other than those obtained simply by sintering), profiles,
plates, sheets, strip and foil of subheading 8101.99."
39. TCR 5 to chapter 81 is deleted and the following new TCR is inserted in lieu thereof:
"5.
(A)
A change to bars, rods (other than those obtained simply by
sintering), profiles, plates, sheets, strip or foil of subheading
8101.99 from any other good of subheading 8101.99 or any other
subheading; or
(B)
A change to any other good of subheading 8101.99 from bars, rods
(other than those obtained simply by sintering), profiles, plates,
sheets, strip or foil of subheading 8101.99 or any other
subheading."
40. TCRs 29 and 30 to chapter 81 are deleted and the following new TCRs are inserted
in lieu thereof:
"29.
(A)
A change to unwrought germanium or vanadium, germanium or
vanadium waste, scrap or powders of subheading 8112.92 from
any other chapter; or
(B)
No change in tariff classification is required for articles of
unwrought germanium or vanadium, germanium or vanadium
waste, scrap or powders of subheading 8112.92, provided that
there is a regional value content of not less than:
(1)
(2)
45 percent under the build-down method; or
A change to other goods of subheading 8112.92 from any other
chapter.
12
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(C)
35 percent under the build-up method, or
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
30.
(A)
A change to articles of vanadium or germanium of subheading
8112.99 from any other chapter; or
(B)
92517
No change in tariff classification is required for articles of
germanium or vanadium, provided that there is a regional value
content of not less than
(1)
(2)
(C)
35 percent under the build-up method, or
45 percent under the build-down method; or
A change to other goods of subheading 8112.99 from articles of
germanium or vanadium of subheading 8112.99 or from any other
subheading."
41. TCR 61 to chapter 84 is deleted and the following new TCR is inserted in lieu
thereof:
"61.
A change to subheading 8442.30 from any other subheading."
42. TCRs 63 through 65, inclusive, to chapter 84 are deleted and the following new
TCRs are inserted in lieu thereof:
"63.
(A)
A change to subheadings 8443.11 through 8443.39 from any other
subheading outside that group, except from subheadings 8443.91
through 8443.99; or
(B)
A change to subheadings 8443.11 through 8443.39 from
subheading 8443.91 through 8443.99, provided that there is a
regional value content of not less than:
(1)
35 percent under the build-up method, or
(2)
45 percent under the build-down method.
A change to machines for uses ancillary to printing of subheading
8443.91 from any other good of subheading 8443.91 or from any
other subheading except from subheadings 8443.11 through
8443.39; or
A change to any other good of subheading 8443.91 from any other
heading.
(A)
A change to subheading 8443.99 from any other heading; or
13
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65.
(A)
(B)
64.
92518
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
(B)
No change in tariff classification required, provided that there is a
regional value content of not less than:
(1)
35 percent under the build-up method, or
(2)
45 percent under the build-down method."
43. TCR 76 to chapter 84 is deleted and the following new TCR is inserted in lieu
thereof:
"76.
A change to subheading 8452.30 from any other subheading."
44. TCRs 91 and 92 to chapter 84 are deleted and the following new TCR is inserted in
lieu thereof:
"91.
A change to heading 8469 from any other heading."
45. TCR 118 to chapter 84 is deleted and th~ following new TCR is inserted in lieu
thereof:
"118. (A)
(B)
A change to subheadings 8486.10 through 8486.40 from any other
subheading outside that group; or
No change in tariff classification required provided there is a
region~} value content of not less than:
(1)
35 percent under the build-up method, or
(2)
45 percent under the build-down method."
46. The following new TCRs to chapter 84 are inserted in numerica~ sequence:
"119. (A)
A change to subheading 8486.90 from any other heading; or
(B)
No change of tariff classification required provided there is a
regional value content of not less than:
(1)
(2)
120.
35 percent under the build-up method, or
45 percent under the build-down method.
A change to heading 8487 from any other heading."
14
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47. TCR 8 to chapter 85 is modified by deleting "8505.30" and inserting in lieu thereof
"8505.20".
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92519
48. TCR 9 to chapter 85 is deleted and the following new TCR is inserted in lieu thereof:
"9.
(A)
A change to electromagnetic lifting heads of subheading 8505.90
from any other subheading, or from any other good of subheading
8505.90; or
(B)
A change to any other good of subheading 8505.90 from any other
heading."
49. TCR 16 to chapter 85 is deleted and the following new TCR is inserted in lieu
thereof:
(A)
A change to subheadings 8508.11 through 8508.60 from any other
heading; or
(B)
"16.
A change to subheadings 8508.11 through 8508.60 from any other
subheading, whether or not there is also a change from any other
heading, provided there is a regional value content of not less than:
(1)
35 percent under the build-up method, or
(2)
45 percent under the build-down method.
16A.
A change to subheading 8508.70 from any other heading.
16B.
(A)
A change to subheadings 8509.40 through 8509.80 from any other
heading; or
(B)
A change to subheadings 8509.40 through 8509.80 from any other
subheading; whether or not there is also a change from any other
heading, provided there is a regional value content of not less than:
(1)
35 percent under the build-up method, or
(2)
45 percent under the build-down method."
50. TCR 38 to chapter 85 is modified by deleting "8517.80" and inserting in lieu thereof
"8517 .69".
51. TCR 39 to chapter 85 is modified by deleting "8517.90" and inserting in lieu thereof
"8517.70".
15
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52. TCR 44 to chapter 85 is modified by deleting "8519.10 through 8519.40" and
inserting in lieu thereof"8519.20 through 8519.89".
92520
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
53. TCRs 45 through 56, inclusive, to chapter 85 are deleted, and the following new
TCRs are inserted in lieu thereof:
"45.
(A)
A change to subheadings 8521.10 through 8523.80 from any other
subheading; or
(B)
A change to recorded media of subheadings 8523.21 through
8523.80 from unrecorded media of subheadings 8523.21 through
8523.80."
46.
A change to subheading 8525.50 from any other subheading, except from
subheading 8525.60.
47.
A change to subheading 8525.60 from any other subheading, except from
subheading 8525.50.
48.
A change to subheading 8525.80 from any other subheading.
49.
A change to subheadings 8526.10 through 8527.99 from any other
subheading.
50.
A change to subheading 8528.41 from any other subheading.
51.
(A)
A change to color monitors of subheading 8528.49 from any other
good of subheading 8528.49 or from any other subheading, except
from subheadings 7011.20, 8540.11 or 8540.91; or
(B)
A change to any other good of subheading 8528.49 from any other
subheading.
52.
A change to subheadings 8528.51 through 8528.71 from any other
subheading.
53.
A change to subheading 8528.72 from any other subheading, except from
subheadings 7011.20, 8528.73, 8540.11 or 8540.91.
54.
A change to subheading 8528.73 from any other subheading."
54. TCR 79 to chapter 85 is deleted, and the following new TCR is inserted in lieu
thereof:
A change to subheading 8543.10 from any other subheading except from
ion implanters for doping semiconductor materials of subheading
8486.20."
16
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"79.
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92521
55. TCR 81 to chapter 85 is deleted, and the following new TCR is inserted in lieu
thereof:
"81.
A change to subheading 8543.70 from any other subheading."
56. TCR 87 to chapter 85 is modified by deleting "8544.41" and inserting in lieu thereof
"8544.42".
57. TCR 88 to chapter 85 is deleted.
58. TCR 1 to chapter 88 is deleted, and the following new TCRs are inserted in lieu
thereof:
(A)
1A.
A change to gliders or hang gliders of heading 8801 from any other
good of heading 8801 or any other heading; or
(B)
"1.
A change to any other good of heading 88.01 from gliders or hang
gliders of heading 8801 or any other heading.
A change to subheading 8802.11 through 8803.90 from any other
subheading."
59. TCR 13 to chapter 90 is modified by deleting "9007.11" and inserting in lieu thereof
"9007.10".
60. TCR 15 to chapter 90 is modified by deleting "subheadings 9008.10 through
9008.40" and inserting in lieu thereof"subheading 9008.50".
61. TCRs 17 through 21, inclusive, to chapter 90 are deleted.
62. TCR 2 to chapter 91 is deleted.
63. TCRs 1 through 3, inclusive, to chapter 95 are deleted and the following new TCRs
are inserted in lieu thereof:
1.
A change to heading 9503 from any other heading.
2.
(A)
A change to headings 9504 through 9508 from any other chapter;
(B)
A change to subheading 9506.31 from subheading 9506.39,
whether or not there is also a change from any other chapter,
provided that there is a regional value content of not less than:
or
35 percent under the build-up method, or
17
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(1)
92522
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
(2)
45 percent under the build-down method."
64. TCR 8 to chapter 96 is modified by deleting "9608.31" and inserting in lieu thereof
"9608.30".
65. TCRs 18 and 19 to chapter 96 are deleted, and the following new TCR is inserted in
lieu thereof:
"18.
A change to heading 9614 from any other heading."
66. The following new heading rules are inserted to chapter 96 immediately below TCR
24 to such chapter:
"Heading rule 1: For the purposes of determining the origin of a good of tariff
items 9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46, 9619.00.61, 9619.00.64,
9619.00.68, 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74, 9619.00.78,
9619.00.79 or 9619.00.90, the rule applicable to that good shall only apply to the
component that determines the tariff classification of the good and such
component must satisfy the change of tariff classification requirements set out in
the rule for that good.
Heading rule 2: Notwithstanding heading rule 1 to this chapter, a good of tariff
items 9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46, 9619.00.61, 9619.00.64,
9619.00.68, 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74, 9619.00.78,
9619.00.79 or 9619.00.90 containing fabrics of subheading 5806.20 or heading
6002 shall be considered originating only if such fabrics are both formed from
yarn and finished in the territory of Panama or of the United States, or both.
Heading rule 3: Notwithstanding heading rule 1 to this chapter, a good of tariff
items 9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46, 9619.00.61, 9619.00.64,
9619.00.68, 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74, 9619.00.78,
9619.00.79 or 9619.00.90 containing sewing thread of headings 5204, 5401 or
5508 shall be considered originating only if such sewing thread is both formed
and finished in the territory of Panama or of the United States, or both."
67. The following new TCR to chapter 96 is inserted in numerical sequence:
(A)
A change to sanitary towels (pads) and tampons and similar
articles of textile wadding of heading 9619 from any other chapter,
except from headings 5111 through 5113, 5204 through 5212,
5310 through 5311 or chapter 54 through 55; or
(B)
A change to a tariff item 9619.00.31, 9619.00.41, 9619.00.43,
9619.00.46, 9619.00.61, 9619.00.64, or 9619.00.68 from any other
chapter, except from heading 5111 through 5113, 5204 through
5212,5310 through 5311, chapter 54, headings 5508 through 5516
18
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"25.
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92523
or 6001 through 6006, provided that the good is cut or knit to
shape, or both, and sewn or otherwise assembled in the territory of
Panama or of the United States, or both; or
A change to a tariff item 9619.00.33, 9619.00.48, 9619.00.71,
9619.00.74, 9619.00.78, 9619.00.79, or 9619.00.90 from any other
chapter, except from heading 5111 through 5113, 5204 through
5212, 5310 through 5311, chapter 54, headings 5508 through 5516,
5801 through 5802 or 6001 through 6006, provided that the good is
cut or knit to shape, or both, and sewn or otherwise assembled in
the territory of Panama or of the United States, or both; or
(D)
A change to any other good of heading 9619 from any other
heading."
19
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(C)
92524
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
ANNEXV
MODIFICATIONS TO THE RULES OF ORIGIN FOR THE
UNITED STATES- CENTRAL AMERICAN-DOMINICAN REPUBLIC FREE
TRADEAGREEMENT,ASREFLECTED
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
Effective with respect to goods of a party to the Agreement specified in general note
29(a) to the tariff schedule that are entered, or withdrawn from warehouse for
consumption, on or after the date announced by the United States Trade Representative
and published in the Federal Register, general note 29(n) to the Harmonized Tariff
Schedule of the United States is modified as provided herein:
1. TCR 1 to chapter 3 is deleted and the following new TCRs are inserted in lieu thereof:
"1.
A change to headings 0301 through 0305 from any other chapter.
2.
(A)
A change to smoked goods of headings 0306 through 0308 from
goods that are not smoked of headings 0306 through 0308; or
(B)·
A change to any other good of headings 0306 through 0308 from
any other chapter."
2. TCR 4 to chapter 9 is deleted and the following new TCR is inserted in lieu thereof:
"4.
(A)
A change to crushed, ground, or powdered spices put up for retail
sale of subheadings 0904.11 through 0910.99 from spices that are
not crushed, ground, or powdered of subheadings 0904.11 through
0910.99, or from any other subheading, except from subheadings
0910.11 through 0910.12; or
(B)
A change to mixtures of spices or any good of subheading 0904.11
through 0910.99 other than crushed, ground, or powdered spices
put up for retail sale from any other subheading, except from
subheadings 0910.11 through 0910.12."
3. TCR 8 to chapter 20 is modified by deleting "2005.90" and inserting in lieu thereof
"2005 .99".
4. TCR 21 to chapter 20 is deleted and the following new TCR is inserted in lieu thereof:
A change to subheadings 2008.93 through 2008.97 from any other
chapter, except that cranberries or a mixture that has been prepared by
packing (including canning) in water, brine, or natural juices (including
processing incidental to packing) shall be treated as originating only if the
20
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"21.
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92525
fresh good was wholly obtained or produced entirely in the territory of one
or more of the parties to the Agreement."
5. TCR 25 to chapter 20 is modified by deleting "2009.80" at each instance and inserting
in lieu thereof"2009.89".
6. TCR 16 to chapter 28 is modified by deleting "2811.23" and inserting in lieu thereof
"2811.29".
7. TCR 36 to chapter 28 is modified by deleting "2826.11" and inserting in lieu thereof
"2826.12".
8. TCR 46 to chapter 28 is deleted.
9. TCR 51 to chapter 28 is deleted.
10. TCR 54 to chapter 28 is deleted and the following new TCR is inserted in lieu
thereof:
"54.
(A)
A change to commercial ammonium carbonate or other ammonium
carbonates of subheading 2836.99 from any other subheading; or
(B)
A change to bismuth carbonate of subheading 2836.99 from any
other subheading, except from subheading 2617.90; or
(C)
A change to lead carbonates of subheading 2836.99 from any other
subheading, except from heading 2607; or
(D)
A change to other goods of subheading 2836.99 from any other
subheading, provided that the good classified in subheading
2836.99 results from a chemical reaction."
11. TCR 56 to chapter 28 is deleted.
12. TCR 58 to chapter 28 is deleted and the following new TCR is inserted in lieu
thereof:
"58.
A change to subheading 2839.90 from any other subheading."
13. TCRs 61 and 62 to chapter 28 are deleted and the following new TCRs are inserted
in lieu thereof:
"61.
A change to subheading 2841.30 from any other subheading.
62.
(A)
A change to chromates of zinc or lead of subheading 2841.50 from
any other subheading; or
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21
92526
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
(B)
A change to potassium dichromate of subheading 2841.50 from
any other good of subheading 2841.50 or any other subheading; or
(C)
A change to other chromates, dichromates or peroxochromates of
subheading 2841.50 from potassium dichromate of subheading
2841.50 or any other subheading, except from heading 2610."
14. TCR 66 to chapter 28 is deleted and the following new TCR is inserted in lieu
thereof:
"66. · (A)
(B)
A change to aluminates of subheading 2841.90 from any other
subheading; or
A change to any other good of subheading 2841.90 from
aluminates of subheading 2841.90 or from any other subheading,
provided that the good classified in subheading 2841.90 results
from a chemical reaction."
15. TCR 68 to chapter 28 is deleted and the following new TCR is inserted in lieu
thereof:
(A)
A change to fulminates, cyanates or thiocyanates of subheading
2842.90 from any other subheading; or
(B)
"68.
A change to any other good of subheading 2842.90 from any other
subheading, provided that the good classified in subheading
2842.90 results from a chemical reaction."
16. TCR 80 to chapter 28 is deleted and the following new TCR is inserted in lieu
thereof:
"80.
A change to heading 2850 from any other heading."
17. New TCRs 81 and 82 to chapter 28 are inserted in numerical sequence:
"81.
A change to heading 2852 from any other heading.
82.
A change to heading 2853 from any other heading."
18. TCR 10 to chapter 29 is modified by deleting "2903.30" and inserting in lieu thereof
"2903.39".
22
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19. "TCR 11 to chapter 29 is modified by deleting "2903.41 through 2903.49" and
inserting in lieu thereof"2903.71 through 2903.79".
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92527
20. TCR 12 to chapter 29 is modified by deleting "2903.51" and inserting in lieu thereof
"2903.81 ".
21. TCR 20 to chapter 29 is deleted.
22. TCR 21 to chapter 29 is deleted and the following new TCR is inserted in lieu
thereof:
"21.
(A)
A change to terpineols of subheading 2906.19 from any other
good, except from heading 3805; or
(B)
A change to any other good of subheading 2906.19 from pine oils
of subheading 3805.90 or any other subheading, except from
subheading 3301.90 or any other goods of subheading 3805.90."
23. TCR 34 to chapter 29 is modified by deleting "2912.13" and inserting in lieu thereof
"2912.12".
24. TCR 39 to chapter 29 is deleted and the following new TCR is inserted in lieu
thereof:
"31.
A change to subheading 2914.22 from any other subheading."
25. TCR 41 to chapter 29 is deleted and the following new TCR is inserted in lieu
thereof:
(A)
A change to camphor of subheading 2914.29 from any other
subheading; or
(B)
"41.
A change to any other good of subheading 2914.29 from any other
subheading, except from subheading 3301.90 or 3805.90."
26. TCR 44 to chapter 29 is modified by deleting "2915.35" and inserting in lieu thereof
"2915.33".
27. TCR 45 to chapter 29 is deleted and the following new TCRs are inserted in lieu
thereof:
"45.
A change to subheading 2915.36 from any other subheading, except from
subheading 3301.90.
45A.
(A)
A change to isobutyl acetate or 2-ethoxyethyl acetate of
subheading 2915.39 from any other subheading; or
(B)
A change to any other good of subheading 2915.39 from any other
subheading except from subheading 3301.10."
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23
92528
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
28. TCR 53 to chapter 29 is modified by deleting "subheading 2918.90" and inserting in
lieu thereof "subheadings 2918.91 through 2918.99".
29. TCR 55 to chapter 29 is modified by deleting "2920.10" and inserting in lieu thereof
"2920.11 ".
30. TCR 62 to chapter 29 is modified by deleting "2936.1 0" and inserting in lieu thereof
"2936.21".
31. TCR 63 to chapter 29 is deleted and the following new TCR is inserted in lieu
thereof:
"63.
(A)
A change to unmixed provitamins of subheading 2936.90 from any
other good of subheading 2936.90 or from any other subheading;
or
(B)
A change to any other good of subheading 2936.90 from any other
subheading, except from subheadings 2936.21 through 2936.29."
32. TCR 1 to chapter 30 is modified by deleting "3001.10" and inserting in lieu thereof
"3 00 1.20".
33. TCR 4 to chapter 30 is modified by deleting "subheading 3006.80" and inserting in
lieu thereof"subheadings 3006.91 through 3006.92".
34. TCR 2 to subheading 31 is deleted and the following new TCRs are inserted in lieu
thereof:
· "2.
3.
A change to subheadings 3102.10 through 3102.80 from any other
subheading.
(A)
A change to calcium cyanamide of subheading 3102.90 from any
other good of subheading 3102.90 or any other subheading; or
(B)
A change to any other good of subheading 3102.90 from calcium
cyanamide of subheading 3102.90 or any other subheading.
4.
A change to subheading 3103.10 from any other subheading.
5.
(A)
A change to basic slag of subheading 3103.90 from any other good
of subheading 3103.90 or any other subheading; or
(B)
A change to any other good of subheading 3103.90 from basic slag
of subheading 3103.90 or any other subheading.
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24
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
6.
A change to subheadings 3104.20 through 3104.30 from any other
subheading.
7.
(A)
A change to carnallite, sylvite or other crude natural potassium
salts of subheading 3104.90 from any other good of subheading
3104.90 or any other subheading; or
(B)
92529
A change to any other good of subheading 3104.90 from carnallite,
sylvite or other crude natural potassium salts of subheading
3104.90 or any other subheading.
8.
A change to subheadings 3105.10 through 3105.90 from any other
subheading."
35. TCR 7 to chapter 32 is modified by deleting "3206.43" and inserting in lieu thereof
"3206.42".
36. TCR 8 to chapter 32 is deleted and the following new TCR is inserted in lieu thereof:
"8.
(A)
A change to concentrated dispersions of pigments in plastics
materials of subheading 3206.49 from any other chapter; or
(B)
A change to pigments or preparations based on cadmium
compounds of subheading 3206.49 from any other good, except
from pigments or preparations based on hexacyanoferrates of
subheading 3206.49 or subheadings 3206.11 through 3206.42; or
(C)
A change to pigments or preparations based on hexacyanoferrates
of subheading 3206.49 from any other good, except from pigments
and preparations based on cadmium compounds of subheading
3206.49 or subheadings 3206.11 through 3206.42; or
(D)
A change to any other good of subheading 3206.49 from any other
subheading."
37. TCR 1 to chapter 33 is deleted and the following new TCRs are inserted in lieu
thereof:
"1.
A change to subheadings 3301.12 through 3301.13 from any other
subheading.
1A.
(A)
A change to essential oils of bergamot or lime of subheading
3301.19 from any other good of subheading 3301.19; or
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25.
92530
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
(B)
A change to any other good of subheading 3301.19 from essential
oils ofbergamot or lime of subheading 3301.19 or from any other
subheading.
lB.
A change to subheadings 3301.24 through 3301.25 from any other
subheading.
1C.
(A)
A change to essential oils of geranium, jasmine, lavender, lavandin
or vetiver of subheading 3301.29 from any other good of
subheading 3301.29; or
(B)
A change to any other good of subheading 3301.29 from essential
oils of geranium, of jasmine, oflavender, oflavandin, or ofvetiver
of subheading 3301.29 or from any other subheading.
1D.
A change to subheadings 3301.30 through 3301.90 from any other
subheading."
38. TCR 8 to chapter 34 is deleted and the following new TCRs are inserted in lieu
thereof:
"8.
A change to subheading 3404.20 from any other subheading.
8A.
(A)
A change to artificial waxes or prepared waxes of chemically
modified lignite of subheading 3404.90 from any other good of
subheading 3404.90 or from any other subheading; or
(B)
A change to any other good of subheading 3404.90 from any other
subheading.
8B.
A change to subheadings 3405.10 through 3505.90 from any other
subheading."
39. TCR 9 to chapter 38 is modified by deleting "3808.1 0 through 3808.90" and
inserting in lieu thereof"3808.50 through 3808.99;'.
40. TCR 22 to chapter 38 is modified by deleting "subheadings 3824.10 through
3824.20" and inserting in lieu thereof"subheading 3824.10".
41. New TCR 27 to chapter 38 is inserted in numerical sequence:
"27.
A change to heading 3826 from any other heading."
26
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42. TCR 13 to chapter 42 is deleted and the following new TCRs are inserted in lieu
thereof:
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
"13.
A change to articles ofleather or of composition leather, of a kind
used in machinery or mechanical appliances or for other technical
uses of heading 4205 from any other good of heading 4205 or from
any other heading; or
(B)
14.
(A)
92531
A change to any other good of heading 4205 from articles of
leather or of composition leather, of a kind used in machinery or
mechanical appliances or for other technical uses of heading 4205
or from any other heading.
A change to heading 4206 from any other heading."
43. TCR 7 to chapter 48 is modified by deleting "4818.40" and inserting in lieu thereof
"4818.50".
44. TCR 9 to chapter 48 is deleted and the following new TCRs are inserted in lieu
thereof:
"9.
(A)
A change to floor coverings on a base of paper or of paperboard,
whether or not cut to size, of subheading 4823.90 from any other
good of heading 4823 or any other heading, except from headings
4812 through 4817; or
(B)
A change to any other good of heading 4823 from floor coverings
on a base of paper or of paperboard, whether or not cut to size, of
subheading 4823.90; or
(C)
A change to any other good of heading 4823 from any other
heading."
45. TCR 2 to chapter 54 is modified by deleting "5402.43.10" and inserting in lieu
thereof "5402.4 7.1 0".
45. Chapter rule 3 to chapter 61 is deleted and the following new chapter rule 3 is
inserted in lieu thereof:
27
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"Chapter rule 3: Notwithstanding chapter rule 2 to this chapter, a good of this
chapter, other than a good of subheading 6102.20, tariff item 6102.90.90 (for
goods subject to cotton restraints), 6104.13.20, 6104.19.15, 6104.19.60 (for
jackets imported as parts of suits), 6104.19.80 (for jackets imported as parts of
suits and subject to cotton restraints), 6104.19.80 (for goods subject to man-made
fiber restraints), 6104.22.00 (for garments described in heading 6102 or jackets
and blazers described in heading 6104), 6104.29.20 (for garments described in
heading 6102 or jackets and blazers described in heading 6104, the foregoing
subject to cotton restraints), subheading 6104.32, tariff item 6104.39.20 (for
goods subject to cotton restraints), 6112.11.00 (for women's or girls' garments
92532
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
described in headings 6101 or 6102), 6113.00.90 (for coats and jackets of cotton,
for women or girls) or 6117.90.90 (for coats and jackets of cotton), containing
fabrics of subheading 5806.20 or heading 6002 shall be considered originating
only if such fabrics are both formed from yarn and finished in the territory of one
or more of the parties to the Agreement."
46. Chapter rule 4 to chapter 61 is deleted and the following new chapter rule 4 is
inserted in lieu thereof:
"Chapter rule 4: Notwithstanding chapter rule 2 to this chapter, a good of this
chapter, other than a good of subheading 6102.20, tariff item 6102.90.90 (for
goods subject to cotton restraints), 6104.13.20, 6104.19.15, 6104.19.60 (for
jackets imported as parts of suits), 6104.19.80 (for jackets imported as parts of
suits and subject to cotton restraints or for goods subject to man-made fiber
restraints), 6104.22.00 (for garments described in heading 6102 or jackets and
blazers described in heading 6104), 6104.29.20 (for garments described in
heading 6102 or jackets and blazers described in heading 6104, the foregoing
subject to cotton restraints), subheading 6104.32, tariff item 6104.39.20 (for
goods subject to cotton restraints), 6112.11.00 (for women's or girls' garments
described in headings 6101 or 6102), 6113.00.90 (for coats and jackets of cotton,
for women or girls) or 6117.90.90 (for coats and jackets of cotton), containing
sewing thread of heading 5204, 5401 or 5508 or yarn of heading 5402 used as
sewing thread, shall be considered originating only if such sewing thread or yarn
is both formed and finished in the territory of one or more of the parties to the
Agreement."
47. Chapter rule 5 to chapter 61 is modified by deleting "6104.12.00 (for jackets
imported as parts of suits), 6104.13.20, 6104.19.15, 6104.19.80 (for jackets imported as
parts of suits and subject to cotton restraints or for goods subject to man-made fiber
restraints)" and inserting in lieu thereof"6104.13.20, 6104.19.15,6104.19.60 (for jackets
imported as parts of suits), 6104.19.80 (for jackets imported as parts of suits and subject
to cotton restraints or for goods subject to man-made fiber restraints)".
48. TCR 1 to chapter 61 is modified by deleting "6101.10" and inserting in lieu thereof
"6101.20".
49. TCR 2 to chapter 61 is deleted and the following new TCR is inserted in lieu thereof:
"2.
(A)
A change to goods of wool or fine animal hair of subheading
6101.90 from any other chapter, except from headings 5111
through 5113,5204 through 5212,5310 through 5311, chapter 54,
headings 5508 through 5516 or 6001 through 6006, provided that:
the good is cut or knit to shape, or both, and sewn or
otherwise assembled in the territory of one or more of the
parties to the Agreement, and
28
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(i)
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(ii)
(B)
92533
any visible lining material contained in the apparel article
must satisfy the requirements of chapter rule 1 for chapter
61; or
A change to any other good of subheading 6101.90 from any other
chapter, except from headings 5111 through 5113, 5204 through
5212, 5310 through 5311, chapter 54, headings 5508 through 5516
or 6001 through 6006, provided that the good is cut or knit to
shape, or both, and sewn or otherwise assembled in the territory of
one or more of the parties to the Agreement.
50. TCR 5 to chapter 61 is deleted and the following new TCR is inserted in lieu thereof:
"5.
(A)
A change to tariff items 6103.10.70 or 6103.10.90 from any other
chapter, except from headings 5111 through 5113, 5204 through
5212, 5310 through 5311, chapter 54, headings 5508 through 5516
or 6001 through 6006, provided that the good is cut or knit to
shape, or both, and sewn or otherwise assembled in the territory of
one or more of the parties to the Agreement.
(B)
A change to any other tariff item of subheading 6103.10 from any
other chapter, except from headings 5111 through 5113, 5204
through 5212, 5310 through 5311, chapter 54, heading 5508
through 5516 or 6001 through 6006, provided that:
(1)
the good is cut or knit to shape, or both, and sewn or
otherwise assembled in the territory of one or more of the
parties to the Agreement, and
(2)
any visible lining material contained in the apparel article
must satisfy the requirements of chapter rule 1 for chapter
61."
51. TCRs 6 and 7 to chapter 61 are deleted.
52. TCR 8 to chapter 61 is modified by deleting "61 03.21" and inserting in lieu thereof
"6103.22".
53. TCRs 13, 13A, and 13B to chapter 61 are deleted.
54. TCR 14A to chapter 61 is modified by deleting "6104.19.15 or 6104.19.80" and
inserting in lieu thereof"6104.19.15, 6104.19.60 or 6104.19.80".
29
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55. TCR 16 to chapter 61 is deleted.
92534
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
56. Chapter rule 1 to chapter 62 is modified by deleting "6211.41" and inserting in lieu
thereof "6211.49".
57. Chapter rule 3 to chapter 62 is modified (a) in subdivision (a) of such chapter rule,
by deleting "6202.91.20" and inserting in lieu thereof"6202.91.15 or 6202.91.60";
deleting "6202.92.15" and inserting in numerical sequence"6202.92.05," and
"6202.92.30,"; deleting "6202.92.20" and inserting in lieu thereof"6202.92.12or
6202.92.90"; deleting 6202.99.90 and inserting in numerical sequence "6202.99.15,"
and "6202.99.80,"; deleting "6210.50.90" and inserting in numerical sequence
"6210.50.22," and "6210.50.80,"; deleting "6211.41.00" and inserting in numerical
sequence "6211.49.15," and 6211.49.60," ";deleting "6211.42.00" and inserting in lieu
thereof "6211.42.05 or 6211.42.1 0"; and (b) in subdivision (b) of such chapter rule, by
deleting "6211.41" and inserting in lieu thereof "6211.49".
58. Chapter rule 4 to chapter 62 is modified (a) in subdivision (a) of such chapter rule, by
deleting "6202.91.20" and inserting in lieu thereof"6202.91.15 or 6202.91.60"; deleting
"6202.92.15" and inserting in numerical sequence "6202.92.05," and "6202.92.30,";
deleting "6202.92.20" and inserting in lieu thereof"6202.92.12 or 6202.92.90"; deleting
"6202.99.90" and inserting in numerical sequence "6202.99.15," and "6202.99.80,";
deleting "6210.50.90" and inserting in numerical sequence "6210.50.22," and
"6210.50.80,"; deleting "6211.41.00" and inserting in lieu thereof "6211.49.15 or
6211.49.60"; deleting "6211.42.00" and inserting in lieu thereof"6211.42.05 or
6211.42.10"; "and (b) in subdivision (b) of such chapter rule, by deleting "6211.41" and
inserting in lieu thereof "6211.49".
59. Chapter rule 5 to chapter 62 is modified (a) in subdivision (a) of such chapter rule, by
deleting "6202.91.20" and inserting in lieu thereof"6202.91.15 or 6202.91.60"; deleting
"6202.92.15" and inserting in numerical sequence "6202.92.05," and "6202.92.30,";
deleting "6202.92.20" and inserting in lieu thereof"6202.92.12 or 6202.92.90"; deleting
6202.99.90 and inserting in numerical sequence "6202.99.15," and "6202.99.80,";
deleting "6210.50.90" and inserting in numerical sequence "6210.50.22," and
"621 0.50.80,"; deleting "6211.41.00" and inserting in lieu thereof" 6211.49.15 or
6211.49.60"; deleting "6211.42.00" and inserting in lieu thereof"6211.42.05 or
6211.42.10"; and (b) in subdivision (b) of such chapter rule, by deleting "6211.41" and
inserting in lieu thereof "6211.49".
60. TCR 7 to chapter 62 is modified by deleting "6202.91.20" and inserting in lieu
thereof"6202.91.15 or 6202.91.60".
61. TCR 7B to chapter 62 is modified by deleting "6202.92.15 or 6202.92.20" and
inserting in lieu thereof"6202.92.05, 6202.92.12, 6202.92.30 or 6202.92.90".
30
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62. TCR 8 to chapter 62 is modified by deleting "6202.99.90" and inserting in lieu
thereof"6202.99.15 or 6202.99.80".
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92535
63. TCR 11 to chapter 62 is modified by deleting "6203 .21" and inserting in lieu thereof
"6203.22".
64. TCR 30 to chapter 62 is deleted.
65. TCR 33 to chapter 62 is modified by deleting "6207.92.40" and inserting in lieu
thereof"6207.99.85".
66. TCR 38 to chapter 62 is modified by deleting "6211.31" and inserting in lieu thereof
"6211.32".
67. TCRs 38A and 38B to chapter 62 are deleted.
68. TCR 38E to chapter 62 is deleted and the following new TCRs are inserted in lieu
thereof:
"38E. A change to tariff item 6211.49.41 (for jackets and jacket-type garments
excluded from heading 6202) from any other chapter, provided that the
good is cut or knit to shape, or both, and sewn or otherwise assembled in
the territory of one or more of the Parties.
38F.
A change to any other tariff item of subheadings 6211.43 through 6211.49
from any other chapter, except from headings 5111 through 5113, 5204
through 5212, 5310 through 5311, chapter 54, headings 5508 through
5516 or 6001 through 6006, provided that the good is cut or knit to shape,
or both, and sewn or otherwise assembled in the territory of one or more
of the parties to the Agreement."
69. TCR 2 to chapter 63 is modified by deleting "5402.43.1 0" and inserting in lieu
thereof "5402.47.1 0".
70. Chapter rule 1 to chapter 64 is modified by deleting the text following "6402.12.00
through" and inserting in lieu thereof the following:
"6402.91.05, inclusive, 6402.91.16, 6402.91.30, 6402.91.40, 6402.91.60,
6402.91.70, 6402.99.04, 6402.99.12, 6402.99.21,6402.99.23 through 6402.99.31,
inclusive, and 6402.99.41 through 6402.99.79, inclusive; heading 6403; tariff
items 6404.11.20 through 6404.19.15, inclusive, and 6404.19.25 through
6404.20.60, inclusive; and headings 6405 and 6406."
71.. TCR 1 to chapter 64 is deleted and the following new TCR is inserted in lieu thereof:
A change to subheading 6401.10, or tariff items 6401.92.90, 6401.99.10,
6401.99.30, 6401.99.60, 6401.99.90, 6402.91.10, 6402.91.20, 6402.91.26,
6402.91.50, 6402.91.70, 6402.91.80, 6402.91.90, 6402.99.08, 6402.99.16,
6402.99.19, 6402.99.33, 6402.99.80, 6402.99.90, 6404.11.90 or
31
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"1.
92536
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
6404.19.20 from any other heading outside headings 6401 through 6405,
except from subheading 6406.10, provided that there is a regional value
content of not less than 55 percent under the build-up method."
72. TCR 2 to chapter 65 is modified by deleting "6503" at each instance and inserting in
lieu thereof "6504".
73. TCRs 2 through 4, inclusive, to chapter 68 are deleted and the following new TCRs
are inserted in lieu thereof:
"2.
A change to subheading 6812.80 from any other subheading.
3.
A change to subheading 6812.91 from any other subheading.
4.
A change to subheading 6812.92 through 6812.93 from any other
subheading outside that group.
4A.
A change to subheading 6812.99 from any other heading.
74. TCR 8 to chapter 70 is deleted and the following new TCR is inserted in lieu thereof:
"8.
A change to headings 7009 through 7018 from any other heading outside
that group, except from headings 7007 through 7o'08 or glass inners for
vacuum flasks or other vacuum vessels of heading 7020."
75. TCR 13 to chapter 73 is modified by deleting "7321.83" at each instance and
inserting in lieu thereof"7321.89".
76. TCR 2 to chapter 78 is deleted and the following new TCRs are inserted in lieu
thereof:
A change to heading 7804 from any other heading.
3.
(A)
A change to lead bars, rods, profiles and wire of heading 7806
from any other good of heading 7806 or any other heading; or
(B)
A change to lead tubes or pipes of heading 7806 and fittings for
tubes or pipes (for example, couplings, elbows, sleeves) of heading
7806 from any other good of heading 7806 or from any other
heading; or
(C)
A change to any other good of heading 7806 from lead bars, rods,
profiles, wire and pipes of heading 7806; or from fittings for tubes
or pipes (for example, couplings, elbows, sleeves) of heading 7806
or any other heading."
32
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"2.
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92537
77. TCR 4 to chapter 79 is deleted and the following new TCRs are inserted in lieu
thereof:
"4.
5.
A change to headings 7904 through 7905 from any other heading.
· (A)
A change to zinc tubes of heading 7907, or pipes and fittings for
tubes or pipes (for example, couplings, elbows, sleeves) ofheading
7907, from any other good of heading 7907 or from any other
heading; or
(B)
A change to any other good of heading 7907 from zinc tubes or
pipes of heading 7907; or fittings for tubes or pipes (for example,
couplings, elbows, sleeves) of heading 7907 or any other heading."
78. TCRs 2 through 4, inclusive, to chapter 80 are deleted and the following new TCRs
are inserted in lieu thereof:
"2.
A change to heading 8003 from any other heading.
3.
(A)
A change to heading 8007 from any other heading; or
(B)
A change to plates, sheets and strip, of a thickness exceeding 0.2
mm, of heading 8007 from any other good of heading 8007; or
(C)
A change to tin foil and strip, thin (printed or even fixed on paper,
cardboard, plastic or similar supports), of thickness not exceeding
0.2 mm (without including the support); or to tin powders and
flakes of heading 8007 from any other good of heading 8007,
except from plates, sheets and strip, of a: thickness exceeding 0.2
mm, ofheading 8007; or
(D)
A change to tin tubes or pipes and fittings for tubes and pipes (for
example, couplings, elbows, sleeves) of heading 8007 from any
other good ofheading 8007."
79. TCRs 2 and 3 to chapter 81 are deleted and the following new TCR is inserted in lieu
thereof:
"2.
A change to subheading 8101.96 from any other subheading, except from
bars, rods, profiles, plates, sheets and strip of subheading 8101.99."
80. TCR 5 to chapter 81 is deleted and the following new TCR is inserted in lieu thereof:
"5.
(A)
A change to bars or rods (other than those obtained simply by
sintering), profiles, plates, sheets, strip or foil of subheading
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33
92538
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
8101.99 from any other good of subheading 8101.99 or any other
subheading; or
(B)
A change to any other good of subheading 8109.99 from bars or
rods (other than those obtained simply by sintering), profiles,
plates, sheets, strip or foil of subheading 8101.99 or any other
subheading."
81. TCRs 35 and 36 to chapter 81 are deleted and the following new TCRs are inserted
in lieu thereof:
"35.
(A)
A change to unwrought germanium or vanadium, germanium or
vanadium waste, scrap or powders of subheading 8112.92 from
any other chapter; or
(B)
No change in tariff classification is required for articles of
unwrought germanium or vanadium, germanium or vanadium
waste, scrap or powders of subheading 8112.92, provided that
there is a regional value content of not less than:
(i)
35 percent when the build-up method is used, or
(ii)
45 percent when the build-down method is used; or
(C)
(A)
A change to articles of vanadium or germanium of subheading
8112.99 from any other chapter; or
(B)
36.
A change to other goods of subheading 8112.92 from any other
chapter.
No change in tariff classification is required for articles of
germanium or vanadium, provided that there is a regional value
content of not less than:
(i)
(ii)
(C)
35 percent when the build-up method is used, or
45 percent when the build-down method is used; or
A change to other goods of subheading 8112.99 from articles of
germanium or vanadium of subheading 8112.99 or from any other
subheading."
82. TCR 69 to chapter 84 is deleted and the following new TCR is inserted in lieu
thereof:
A change to subheading 8442.30 from any other subheading."
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"69.
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
92539
83. TCRs 71 through 73, inclusive, to chapter 84 are deleted and the following new
TCRs are inserted in lieu thereof:
(A)
A change to subheading 8443.11 through 8443.19 from any other
subheading outside that group, except from machines for uses
ancillary to printing of subheading 844 3. 91 ; or
(B)
"71.
A change to subheading 8443.11 through 8443.19 from machines
for uses ancillary to printing of subheading 8443.91, provided that
there is a regional value content of not less than:
(i)
35 percent when the build-up method is used, or
(ii)
45 percent when the build-down method is used.
72.
A change to subheading 8443.31 from any other subheading.
73.
(A)
A change to subheading 8443.32 from any other subheading,
except from machines for uses ancillary to printing of subheading
8443.91; or
(B)
A change to subheading 8443.32 from machines for uses ancillary
to printing of subheading 8443.91, provided there is a regional
value content of not less than:
(i)
35 percent when the build-up method is used, or
(ii)
45 percent when the build-down method is used.
73A.
A change to subheading 8443.39 from any other subheading.
73B.
(A)
A change to machines for uses ancillary to printing of subheading
8443.91 from any other good of subheading 8443.91 or from any
other subheading, except from subheadings 8443.11 through
8443.39; or
(B)
A change to any other good of subheading 8443.91 from any other
heading.
(A)
A change to subheading 8443.99 from any other subheading; or
(B)
No change in tariff classification required, provided that there is a
regional value content of not less than:
73C.
35 percent when the build-up method is used, or
35
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(i)
92540
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
(ii)
45 percent when the build-down method is used."
84. TCRs 84 and 85 to chapter 84 are deleted and the following new TCRs are inserted
in lieu thereof:
"84.
A change to subheading 8452.30 from any other subheading.
85.
(A)
A change to furniture, bases and covers for sewing machines and
parts thereof of subheading 8452.90 from any other good of
subheading 8452.90 or from any other subheading; or
(B)
A change to any other good of subheading 8452.90 from any other
heading."
85. TCRs 99 and 100 to chapter 84 are deleted and the following new TCR is inserted in
lieu thereof:
"99.
A change to heading 8469 from any other heading."
86. TCR 128 to chapter 84 is deleted and the following new TCRs are inserted in lieu
thereof:
"128. (A)
(B)
A change to subheading 8486.10 from any other subheading; or
No change in tariff classification required provided there is a
regional value content of not less than:
(i)
(ii)
129.
35 percent when the build-up method is used, or
45 percent when the build-down method is used.
(A)
A change to subheading 8486.20 from any other subheading,
except from particle accelerators of subheading 8543.10; or
(B)
No change in tariff classification required, provided there is a
regional value content of not less than:
(i)
(ii)
(A)
45 percent when the build-down method is used.
A change to subheading 8486.30 through 8486.40 from any other
subheading; or
36
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130.
35 percent when the build-up method is used, or
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
(B)
No change in tariff classification required, provided there is a
regional value content of not less than:
(i)
35 percent when the build-up method is used, or
(ii)
45 percent when the build-down method is used.
(A)
A change to subheading 8486.90 from any other heading; or
(B)
131.
92541
No change oftariff classification required, provided there is a
regional value content of not less than:
(i)
(ii)
132.
35 percent when the build-up method is used, or
45 percent when the build-down method is used.
A change to heading 8487 from any other heading."
87. TCR 8 to chapter 85 is modified by deleting "8505.30" and inserting in lieu thereof
"8505 .20".
88. TCR 9 to chapter 85 is deleted and the following new TCR is inserted in lieu thereof:
"9.
(A)
A change to electromagnetic lifting heads of subheading 8505.90
from any other subheading, or from any other good of subheading
8505.90; or
(B)
A change to any other good of subheading 8505.90 from any other
heading."
89. The following new TCRs to chapter 85 are inserted in numerical sequence:
"15A. (A)
A change to subheadings 8508.11 through 8508.60 from any other
heading; or
(B)
A change to subheadings 8508.11 through 8508.60 from any other
subheading, provided there is a regional value content of not less
than:
(i)
(ii)
45 percent when the build-down method is used.
A change to subheading 8508.70 from any other heading."
37
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15B.
35 percent when the build-up method is used, or
92542
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
90. TCR 16 to chapter 85 is modified by deleting "8509.10" at each instance and
inserting in lieu thereof"8509.40".
91. TCR 38 to chapter 85 is modified by deleting "8517.80" and inserting in lieu thereof
"8517.69".
92. TCR 39 to chapter 85 is deleted and the following new TCR is inserted in lieu
thereof:
"39.
(A)
A change to parts of electrical apparatus for telephony or
telegraphy or parts of videophones of subheading 8517.70 from
any other subheading; or
(B)
No change in tariff classification is required to parts of electrical
apparatus for telephony or telegraphy or parts of videophones of
subheading 8517.70 provided there is a regional value content of
not less than:
(i)
35 percent when the build-up method is used, or
I
(ii)
(C)
45 percent when the build-down method is used; or
A change to any other good of subheading 8517.70 from any other
subheading."
93. TCR 44 to chapter 85 is modified by deleting "8519.10 through 8519.40" and
inserting in lieu thereof"8519.20 through 8519.89".
94. TCRs 45 and 46 to chapter 85 are deleted.
95. TCR 51 to chapter 85 is deleted and the following new TCRs are inserted in lieu
thereof:
"51.
A change to subheadings 8522.10 through 8522.90 from any other
subheading.
51A.
(A)
A change to subheadings 8523.21 through 8523.80 from any other
subheading; or
(B)
A change to recorded media of subheadings 8523.21 through
8523.80 from unrecorded media of subheadings 8523.21 through
8523.80."
96. TCRs 52 and 53 to chapter 85 are deleted and the following new TCRs are inserted
in lieu thereof:
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38
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"52.
A change to subheading 8525.50 from any other subheading, except from
subheading 8525.60.
53.
A change to subheading 8525.60 from any other subheading, except from
subheading 8525.50.
53A.
92543
A change to subheading 8525.80 from any other subheading."
97. TCR 55 to chapter 85 is modified by deleting "8527.90" and inserting in lieu thereof
"8527.99".
98. TCRs 56 through 59, inclusive, to chapter 85 are deleted and the following new
TCRs are inserted in lieu thereof:
"56.
A change to subheading 8528.41 from any other subheading.
57.
(A)
A change to color video monitors of subheading 8528.49 from any
other good of subheading 8528.49 or from any other subheading,
except from subheadings 7011.20, 8540.11 or 8540.91; or
(B)
A change to any other good of subheading 8528.49 from any other
subheading.
58.
A change to subheading 8528.51 from any other subheading.
59.
A change to subheading 8528.59 from any other subheading.
59A.
A change to subheading 8528.61 from any other subheading.
59B.
A change to subheading 8528.69 from any other subheading.
59C.
A change to subheading 8528.71 from any other subheading.
59D.
A change to subheading 8528.72 from any other subheading, except from
subheading 7011.20, 8540.11 or 8540.91.
59E.
A change to subheading 8528.73 from any other subheading."
99. TCR 81 to chapter 85 is modified by deleting "semiconductor devices, integrated
circuits, or microassemblies" and inserting in lieu thereof "semiconductor devices or
integrated circuits".
39
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100. TCR 82 to chapter 85 is deleted and the following new TCR is inserted in lieu
thereof:
92544
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
"82.
A change to subheading 8543.10 from any other subheading, except from
ion implanters for doping semiconductor materials of subheading
8486.20."
101. TCR 84 to chapter 85 is deleted and the following new TCR is inserted in lieu
thereof:
"84.
A change to subheading 8543.70 from any other subheading."
102. TCR 85 to chapter 85 is deleted and the following new TCR is inserted in lieu
thereof:
"85.
(A)
A change to subheading 8543.90 from any other heading; or
(B)
A change to electronic microassemblies of subheading 8543.90
from any other subheading; or
(C)
No change in tariff classification to electronic microassemblies of
subheading 8543.90 is required, provided there is a regional value
content of not less than:
(i)
30 percent when the build-up method is used, or
(ii)
35 percent when the build-down method is used."
103. TCR 90 to chapter 85 is deleted and the following new TCR is inserted in lieu
thereof:
"90.
(A)
A change to electric conductors, for a voltage exceeding 80 V but
not exceeding 1000 V fitted with connectors, from any other
heading; or
(B)
A change to any other good of subheading 8544.42 from electric
conductors, for a voltage exceeding 80 V but not exceeding 1000
V fitted with connectors, or from any other subheading, provided
there is also a regional value content of not less than:
(i)
35 percent when the build-up method is used, or
(ii)
45 percent when the build-down method is used."
40
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104. TCR 91 to chapter 85 is deleted and the following new TCR is inserted in lieu
thereof:
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
"91.
(A)
A change to electric conductors, for a voltage exceeding 80 V but
not exceeding 1000 V not fitted with connectors, from any other
heading; or
(B)
92545
A change to any other good of subheading 8544.49 from electric
conductors, for a voltage exceeding 80 V but not exceeding 1000
V not fitted with connectors, or from any other subheading,
provided there is also a regional value content of not less than:
(i)
35 percent when the build-up method is used, or
(ii)
45 percent when the build-down method is used."
105. TCR I to chapter 88 is deleted and the following new TCR is inserted in lieu
thereof:
"1.
A change to gliders and hang gliders of heading 8801 from any
other good of heading 8801 or any other heading; or
(B)
IA.
(A)
A change to any other good of heading 8801 from gliders and hang
gliders of heading 880I or any other heading.
A change to subheading 8802.11 through 8803.90 from any other
subheading."
106. TCR 2I to chapter 90 is modified by deleting "9007 .I1" at each instance and
inserting in lieu thereof "9007 .10".
107. TCR 23 to chapter 90 is deleted.
108. TCR 24 to chapter 90 is modified by deleting "subheadings 9008.20 through
9008.40" at each instance and inserting in lieu thereof"subheading 9008.50".
109. TCRs 26 through 30, inclusive, to chapter 90 are deleted.
11 0. TCR 32 to chapter 90 is modified by deleting "subheadings 90 I 0.4I through
9010.50" at each instance and inserting in lieu thereof"subheading 90I0.50".
111. TCRs I through 3, inclusive, to chapter 95 are deleted and the following new TCRs
are inserted in lieu thereof:
(A)
A change to heading 9503 from any other chapter; or
(B)
A change to dolls representing only human beings of heading 9503
from any other heading.
41
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"1.
92546
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
2.
A change to subheadings 9504.20 through 9506.29 from any other
chapter.
3.
A change to subheading 9506.31 from subheading 9506.39, whether or not
there is a change from another chapter, provided there is a regional value
content of not less than:
(A)
35 percent when the build-up method is used, or
(B)
45 percent when the build-down method is used.
A change to subheadings 9506.32 through 9508.90 from any other
chapter."
4.
112. TCRs 18 and 19 to chapter 96 are deleted and the following new TCRs are inserted
in lieu thereof:
"18.
A change to heading 9614 from any other heading."
113. The following new heading rules are inserted to chapter 96 immediately below TCR
24 to such chapter:
"Heading rule 1: For the purposes of determining the origin of a good of tariff
items 9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46, 9619.00.61, 9619.00.64,
9619.00.68, 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74, 9619.00.78,
9619.00.79 or 9619.00.90, the rule applicable to that good shall only apply to the
component that determines the tariff classification of the good and such
component must satisfy the change of tariff classification requirements set out in
the rule for that good.
Heading rule 2: Notwithstanding heading rule 1 to this chapter, a good of tariff
items 9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46, 9619.00.61, 9619.00.64,
9619.00.68, 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74, 9619.00.78,
9619.00.79 or 9619.00.90, containing fabrics of subheading 5806.20 or heading
6002 shall be considered originating only if such fabrics are both formed from
yarn and finished in the territory of one or more of the parties to the Agreement.
Heading rule 3: Notwithstanding heading rule 1 to this chapter, a good of tariff
items 9619.00.31, 9619.00.41, 9619.00.43, 9619.00.46, 9619.00.61, 9619.00.64,
9619.00.68, 9619.00.33, 9619.00.48, 9619.00.71, 9619.00.74, 9619.00.78,
9619.00.79 or 9619.00.90, containing sewing thread ofheadings 5204, 5401 or
5508 or yam of heading 5402 used as sewing thread, shall be considered
originating only if such sewing thread is both formed and finished in the territory
of one or more of the parties to the Agreement."
114. The following new TCR to chapter 96 is inserted in numerical sequence:
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42
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Presidential Documents
"25.
(A)
A change to sanitary towels (pads) and tampons and similar
articles of textile wadding of heading 9619 from any other chapter,
except from headings 5111 through 5113, 5204 through 5212,
531 0 through 5311 or chapter 54 through 55; or
(B)
A change to a tariff items 9619.00.31, 9619.00.41, 9619.00.43,
9619.00.46, 9619.00.61, 9619.00.64 or 9619.00.68 from any other
chapter, except from headings 5111 through 5113, 5204 through
5212,5310 through 5311, chapter 54, headings 5508 through 5516
or 6001 through 6006, provided that the good is cut or knit to
shape, or both, and sewn or otherwise assembled in the territory of
one or more of the parties to the Agreement; or
(C)
A change to a tariff items 9619.00.33, 9619.00.48, 9619.00.71,
9619.00.74, 9619.00.78, 9619.00.79 or 9619.00.90, from any other
chapter, except from headings 5111 through 5113, 5204 through
5212, 5310 through 5311, chapter 54, headings 5508 through 5516,
5801 through 5802 or 6001 through 6006, provided that the good is
cut or knit to shape, or both, and sewn or otherwise assembled in
the territory of one or more of the parties to the Agreement; or
(D)
92547
A change to any other good of heading 9619 from any other
heading."
43
[FR Doc. 2016–30738
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Filed 12–19–16; 8:45 a.m.]
Agencies
[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Presidential Documents]
[Pages 92499-92547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30738]
Presidential Documents
Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 92499]]
Proclamation 9555 of December 15, 2016
To Implement the Nepal Preference Program and for
Other Purposes
By the President of the United States of America
A Proclamation
1. Section 915(b) of the Trade Facilitation and Trade
Enforcement Act of 2015 (the ``TFTEA'') (19 U.S.C.
4454) confers authority upon the President to provide
preferential treatment for eligible articles imported
directly from Nepal into the customs territory of the
United States if the President determines that Nepal
meets the eligibility requirements specified in section
915(b)(1)(A) of the TFTEA, taking into account the
factors specified in section 915(b)(1)(B) of the TFTEA.
2. Pursuant to section 915(b) of the TFTEA, I have
determined that Nepal meets the eligibility
requirements of section 915(b)(1)(A), taking into
account the factors specified in section 915(b)(1)(B).
3. Section 915(c) of the TFTEA describes the
requirements for articles from Nepal to be considered
eligible for duty-free treatment. Pursuant to section
915(c)(2)(A)(iv) of the TFTEA, the President may
designate certain articles as eligible for duty-free
treatment when imported from Nepal if, after receiving
the advice of the United States International Trade
Commission (Commission) in accordance with section
503(e) of the Trade Act of 1974 (the ``Trade Act'') (19
U.S.C. 2463(e)), the President determines that such
articles are not import-sensitive in the context of
imports from Nepal.
4. Pursuant to sections 915(c)(2)(A)(iv) of the TFTEA,
and after receiving advice from the Commission in
accordance with section 503(e) of the Trade Act, I have
determined to designate the articles included in Annex
I of this proclamation as eligible for duty-free
treatment when imported from Nepal.
5. Section 604 of the Trade Act (19 U.S.C. 2483), as
amended, authorizes the President to embody in the
Harmonized Tariff Schedules of the United States (the
``HTS'') (19 U.S.C. 1202) the substance of the relevant
provisions of the Trade Act and of other Acts affecting
import treatment, and actions thereunder, including
removal, modification, continuance, or imposition of
any rate of duty or other import restriction.
6. In order to implement the duty-free treatment
provided in accordance with the provisions of the
TFTEA, it is necessary to modify the HTS, thus
incorporating the substance of relevant provisions of
the TFTEA, and of actions taken thereunder, into the
HTS, pursuant to section 604 of the Trade Act.
7. In Proclamation 7748 of December 30, 2003, President
Bush determined that the Central African Republic was
not making continual progress in meeting the
requirements described in section 506A(a)(1) of the
Trade Act (19 U.S.C. 2466a(a)), as added by section
111(a) of the African Growth and Opportunity Act (the
``AGOA''). Thus, pursuant to section 506A(a)(3) of the
Trade Act (19 U.S.C. 2466a(a)(3)), President Bush
terminated the designation of the Central African
Republic as a beneficiary sub-Saharan African country
for purposes of section 506A of the Trade Act.
8. Section 506A(a)(1) of the Trade Act authorizes the
President to designate a country listed in section 107
of the AGOA (19 U.S.C. 3706) as a ``beneficiary
[[Page 92500]]
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 Trade Act (19 U.S.C. 2462).
9. Pursuant to section 506A(a)(1) of the Trade Act,
based on actions that the Central African Republic has
taken, I have determined that the Central African
Republic meets the eligibility requirements set forth
in section 104 of the AGOA and the eligibility criteria
set forth in section 502 of the Trade Act, and I have
decided to designate the Central African Republic as a
beneficiary sub-Saharan African country.
10. 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 section 3
of the United States-Israel Free Trade Area
Implementation Act of 1985 (the ``USIFTA Act'') (19
U.S.C. 2112 note).
11. 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.
12. 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 US-Israel
Agreement'').
13. In Proclamation 7826 of October 4, 2004, consistent
with the 2004 US-Israel Agreement, President Bush
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.
14. Each year from 2008 through 2015, the United States
and Israel entered into agreements to extend the period
that the 2004 US-Israel Agreement was in force for 1-
year periods to allow additional time for the two
governments to conclude an agreement to replace the
2004 US-Israel Agreement.
15. 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;
Proclamation 9223 of December 23, 2014; and
Proclamation 9383 of December 21, 2015, 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.
16. On December 5, 2016, the United States entered into
an agreement with Israel to extend the period that the
2004 US-Israel Agreement is in force through December
31, 2017, and to allow for further negotiations on an
agreement to replace the 2004 US-Israel Agreement.
17. 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, 2017, for specified quantities of certain
agricultural products of Israel.
[[Page 92501]]
18. Section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (19
U.S.C. 3006(a)) authorizes the President to proclaim
modifications to the HTS based on the recommendations
of the Commission under section 1205 of the 1988 Act
(19 U.S.C. 3005) if he determines that the
modifications are in conformity with United States
obligations under the International Convention on the
Harmonized Commodity Description and Coding System
(Convention) and do not run counter to the national
economic interest of the United States. In 2006 and
2011, the Commission recommended modifications to the
HTS pursuant to section 1205 of the 1988 Act to conform
the HTS to amendments made to the Convention. In
Proclamation 8097 of December 29, 2006, and
Proclamation 8771 of December 29, 2011, President Bush
and I, respectively, modified the HTS pursuant to
section 1206 of the 1988 Act to conform the HTS to the
amendments to the Convention.
19. Proclamation 8332 of December 29, 2008, implemented
the United States-Oman Free Trade Agreement (the
``USOFTA'') with respect to the United States and,
pursuant to section 201 of the United States-Oman Free
Trade Agreement Implementation Act (the ``USOFTA Act'')
(19 U.S.C. 3805 note), the staged reductions in rates
of duty that President Bush determined to be necessary
or appropriate to carry out or apply articles 2.3, 2.5,
2.6, 3.2.8, and 3.2.9, and the schedule of duty
reductions with respect to Oman set forth in Annex 2-B
of the USOFTA.
20. In order to ensure the continuation of the staged
reductions in rates of duty for originating goods from
Oman in categories that were modified to conform to the
Convention, President Bush and I proclaimed in
Proclamation 8097 and Proclamation 8771, respectively,
modifications to the HTS that we determined were
necessary or appropriate to carry out the duty
reductions proclaimed in Proclamation 8332.
21. The United States and Oman are parties to the
Convention. Because the substance of changes to the
Convention are reflected in slightly differing form in
the national tariff schedules of the United States and
Oman, the rules of origin set out in Annex 3-A and
Annex 4-A of the USOFTA must be changed to ensure that
the tariff and certain other treatment accorded under
the USOFTA to originating goods will continue to be
provided under the tariff categories that were modified
in Proclamation 8097 and Proclamation 8771. The United
States and Oman have agreed to make these changes.
22. Section 202 of the USOFTA Act (19 U.S.C. 3805 note)
provides certain rules for determining whether a good
is an originating good for the purposes of implementing
preferential tariff treatment under the USOFTA. Section
202(j) of the USOFTA Act authorizes the President to
proclaim the rules of origin set out in the USOFTA and
any subordinate tariff categories necessary to carry
out the USOFTA, subject to the exceptions stated in
section 202(j)(2)(A) of the USOFTA Act.
23. I have determined that the modifications to the HTS
proclaimed pursuant to section 202 of the USOFTA Act
and section 1206(a) of the 1988 Act are necessary or
appropriate to ensure the continuation of tariff and
certain other treatment accorded originating goods
under tariff categories modified in Proclamation 8097
and Proclamation 8771 and to carry out the duty
reductions proclaimed in Proclamation 8332.
24. Section 604 of the Trade Act 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 removal, modification, continuance, or
imposition of any rate of duty or other import
restriction. Section 1206(c) of the 1988 Act (19 U.S.C.
3006(c)), as amended, provides that modifications
proclaimed by the President may not take effect before
the thirtieth day after the date on which the text of
the proclamation is published in the Federal Register.
25. Proclamation 8894 of October 29, 2012, implemented
the United States-Panama Trade Promotion Agreement (the
``USPTPA'') with respect to the
[[Page 92502]]
United States and, pursuant to section 201 of the
United States-Panama Trade Promotion Agreement
Implementation Act (the ``USPTPA Act'') (19 U.S.C. 3805
note), the staged reductions in duty that the President
determined to be necessary or appropriate to carry out
or apply articles 3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and
3.29, and the schedule of duty reductions with respect
to Panama set forth in Annex 3.3 of the USPTPA.
26. The United States and Panama are parties to the
Convention. Because changes to the Convention are
reflected in slight differences of form between the
national tariff schedules of the United States and
Panama, the rules of origin set out in Annex 4.1 of the
USPTPA must be changed to ensure that the tariff and
certain other treatment accorded under the USPTPA Act
to originating goods will continue to be provided under
the tariff categories that were proclaimed in
Proclamation 8894. The United States and Panama have
agreed to make these changes.
27. Section 202 of the USPTPA Act (19 U.S.C. 3805 note)
provides certain rules for determining whether a good
is an originating good for the purposes of implementing
tariff treatment under the USPTPA. Section 202(o) of
the USPTPA Act authorizes the President to proclaim the
rules of origin set out in the USPTPA and any
subordinate tariff categories necessary to carry out
the USPTPA, subject to the exceptions stated in section
202(o) of the USPTPA Act.
28. I have determined that the modifications to the HTS
proclaimed pursuant to section 202 of the USPTPA Act
and section 1206(a) of the 1988 Act are necessary or
appropriate to ensure the continuation of tariff and
certain other treatment accorded originating goods
under tariff categories modified in Proclamation 8097
and Proclamation 8771 and to carry out the duty
reductions proclaimed in Proclamation 8894.
29. Section 604 of the Trade Act authorizes the
President to embody in the HTS the substance of
relevant provisions of that Act, or other Acts
affecting import treatment, and of actions taken
thereunder, including removal, modification,
continuance, or imposition of any rate of duty or other
import restriction. Section 1206(c) of the 1988 Act
provides that modifications proclaimed by the President
may not take effect before the thirtieth day after the
date on which the text of the proclamation is published
in the Federal Register.
30. Proclamation 7987 of February 28, 2006, implemented
the Dominican Republic-Central America-United States
Free Trade Agreement (the ``CAFTA-DR'') with respect to
the United States and, pursuant to section 201 of the
Dominican Republic-Central America-United States Free
Trade Agreement Implementation Act (the ``CAFTA-DR
Act'') (19 U.S.C. 4031), the staged reductions in duty
that the President determined to be necessary or
appropriate to carry out or apply articles 3.3, 3.5,
3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes 3.3
(including the schedule of United States duty
reductions with respect to originating goods), 3.27,
and 3.28 of the CAFTA-DR.
31. The United States, Costa Rica, the Dominican
Republic, El Salvador, Guatemala, Honduras, and
Nicaragua (the ``CAFTA-DR countries'') are parties to
the Convention. Because changes to the Convention are
reflected in slight differences of form between the
national tariff schedules of the United States and the
other CAFTA-DR countries, Annexes 4.1, 3.25, and 3.29
of the CAFTA-DR must be changed to ensure that the
tariff and certain other treatment accorded under the
CAFTA-DR to originating goods will continue to be
provided under the tariff categories that were
proclaimed in Proclamation 7987. The United States and
the other CAFTA-DR countries have agreed to make these
changes.
32. Section 201 of the CAFTA-DR Act authorizes the
President to proclaim such modifications or
continuation of any duty, such continuation of duty-
free or excise treatment, or such additional duties, as
the President determines to be necessary or appropriate
to carry out or apply articles 3.3, 3.5, 3.6,
[[Page 92503]]
3.21, 3.26, 3.27, and 3.28, and Annexes 3.3 (including
the schedule of United States duty reductions with
respect to originating goods), 3.27, and 3.28 of the
CAFTA-DR.
33. I have determined that the modifications to the HTS
proclaimed pursuant to section 201 of the CAFTA-DR Act
and section 1206(a) of the 1988 Act are necessary or
appropriate to ensure the continuation of tariff and
certain other treatment accorded originating goods
under tariff categories modified in Proclamation 8097
and Proclamation 8771 and to carry out the duty
reductions proclaimed in Proclamation 7987.
34. Section 604 of the Trade Act authorizes the
President to embody in the HTS the substance of
relevant provisions of that Act, or other Acts
affecting import treatment, and of actions taken
thereunder, including removal, modification,
continuance, or imposition of any rate of duty or other
import restriction. Section 1206(c) of the 1988 Act
provides that modifications proclaimed by the President
may not take effect before the thirtieth day after the
date on which the text of the proclamation is published
in the Federal Register.
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 915 of the TFTEA (19 U.S.C. 4454), section
506A(a)(1) of the Trade Act (19 U.S.C. 2466a(a));
section 4(b) of the USIFTA Act (19 U.S.C. 2112 note);
section 301 of title 3, United States Code; section
1206(a) of the 1988 Act (19 U.S.C. 3006(a)); section
202 of the USOFTA Act (19 U.S.C. 3805 note); section
202 of the USPTPA Act (19 U.S.C. 3805 note); section
201 of the CAFTA-DR Act (19 U.S.C. 4031); and section
604 of the Trade Act (19 U.S.C. 2483), do proclaim
that:
(1) In order to provide for the preferential treatment provided for in
section 915 of the TFTEA, the HTS is modified as provided in Annex I to
this proclamation. The modifications to the HTS set forth in Annex I shall
continue in effect through December 31, 2025.
(2) The Central African Republic is designated as a beneficiary sub-Saharan
African country.
(3) In order to reflect this designation in the HTS, general note 16(a) and
U.S. note 1 to subchapter XIX of chapter 98 to the HTS are each modified by
inserting in alphabetical sequence in the list of beneficiary sub-Saharan
African countries ``Central African Republic.'' Further, note 2(d) to
subchapter XIX of chapter 98 is modified by inserting in alphabetical
sequence in the list of lesser developed beneficiary sub-Saharan African
countries ``Central African Republic.''
(4) In order to implement U.S. tariff commitments under the 2004 US-Israel
Agreement through December 31, 2017, the HTS is modified as provided in
Annex II to this proclamation.
(5) The modifications to the HTS set forth in Annex II 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, 2017.
(6) The provisions of subchapter VII of chapter 99 of the HTS, as modified
by Annex II to this proclamation, shall continue in effect through December
31, 2017.
(7) In order to reflect in the HTS the modifications to the rules of origin
under the USOFTA, general note 31 to the HTS is modified as provided in
Annex III to this proclamation.
(8) The modifications and technical rectifications to the HTS set forth in
Annex III to this proclamation shall be effective with respect to goods
entered, or withdrawn from warehouse for consumption, on or after the later
of (i) February 1, 2017, or (ii) the thirtieth day after the date of
publication of this proclamation in the Federal Register.
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(9) In order to provide generally for the modifications in the rules for
determining whether goods imported into the customs territory of the United
States are eligible for preferential tariff treatment under Annex 4.1 of
the USPTPA, to provide preferential tariff treatment for certain other
goods under the USPTPA, and to make technical and conforming changes in the
general notes to the HTS, the HTS is modified as set forth in Annex IV to
this proclamation.
(10) The modifications to the HTS made by paragraph (9) of this
proclamation shall enter into effect on the date, as announced by the
United States Trade Representative in the Federal Register, that the
conditions set forth in the Agreement have been fulfilled, and shall be
effective with respect to goods entered, or withdrawn from warehouse for
consumption, on or after that date.
(11) In order to provide generally for the modifications in the rules for
determining whether goods imported into the customs territory of the United
States are eligible for preferential tariff treatment under the CAFTA-DR,
to provide preferential tariff treatment for certain other goods under the
CAFTA-DR, and to make technical and conforming changes in the general notes
to the HTS, the HTS is modified as set forth in Annex V to this
proclamation.
(12) The modifications to the HTS made by paragraph (11) of this
proclamation shall enter into effect on the date, as announced by the
United States Trade Representative in the Federal Register, that the
applicable conditions set forth in the CAFTA-DR have been fulfilled, and
shall be effective with respect to goods entered, or withdrawn from
warehouse for consumption, on or after that date.
(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
fifteenth day of December, in the year of our Lord two
thousand sixteen, and of the Independence of the United
States of America the two hundred and forty-first.
(Presidential Sig.)
Billing code 3295-F7-P
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[FR Doc. 2016-30738
Filed 12-19-16; 8:45 a.m.]
Billing code 7020-02-C