To Modify the List of Beneficiary Developing Countries Under the Trade Act of 1974, 26323-26325 [X19-10605]

Agencies

• Executive Office of the President

[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Presidential Documents]
[Pages 26323-26325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X19-10605]




                        Presidential Documents 



Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 / 
Presidential Documents

[[Page 26323]]


                Proclamation 9902 of May 31, 2019

                
To Modify the List of Beneficiary Developing 
                Countries Under the Trade Act of 1974

                By the President of the United States of America

                A Proclamation

                1. In Executive Order 11888 of November 24, 1975, the 
                President designated India as a beneficiary developing 
                country for purposes of the Generalized System of 
                Preferences (GSP) (19 U.S.C. 2461 et seq.).

                2. Pursuant to section 502(d)(1) of the Trade Act of 
                1974, as amended (the ``1974 Act'') (19 U.S.C. 
                2462(d)(1)), the President may withdraw, suspend, or 
                limit the application of the duty-free treatment 
                accorded under the GSP with respect to any beneficiary 
                developing country. In taking any action under section 
                502(d)(1) of the 1974 Act, the President shall consider 
                the factors set forth in sections 501 and 502(c) of the 
                1974 Act (19 U.S.C. 2461 and 2462(c)).

                3. Section 502(c)(4) of the 1974 Act (19 U.S.C. 
                2462(c)(4)) provides that, in determining whether to 
                designate any country as a beneficiary developing 
                country, the President shall take into account, among 
                other factors, the extent to which such country has 
                assured the United States that it will provide 
                equitable and reasonable access to the markets and 
                basic commodity resources of such country and the 
                extent to which such country has assured the United 
                States that it will refrain from engaging in 
                unreasonable export practices.

                4. Consistent with section 502(d)(1) of the 1974 Act, 
                and having considered the factors set forth in sections 
                501 and 502(c), I have determined that India has not 
                assured the United States that India will provide 
                equitable and reasonable access to its markets. 
                Accordingly, it is appropriate to terminate India's 
                designation as a beneficiary developing country 
                effective June 5, 2019.

                5. Section 502(f)(2) of the 1974 Act (19 U.S.C. 
                2462(f)(2)) requires the President to notify the 
                Congress and the affected beneficiary developing 
                country, at least 60 days before termination, of the 
                President's intention to terminate the affected 
                country's designation as a beneficiary developing 
                country, together with the considerations entering into 
                such decision. I notified the Congress and India on 
                March 4, 2019, of my intent to terminate India's 
                designation, together with the considerations entering 
                into my decision.

                6. Pursuant to section 203 of the 1974 Act (19 U.S.C. 
                2253), and after receiving a report from the 
                International Trade Commission prepared under section 
                202 of the 1974 Act (19 U.S.C. 2252), the President may 
                implement a measure in the form of a safeguard to 
                address increased imports of articles that are a 
                substantial cause of serious injury to a domestic 
                industry producing like or directly competitive 
                products. When acting pursuant to section 203 of the 
                1974 Act, the President shall take action that he 
                determines will facilitate efforts of the domestic 
                industry to make a positive adjustment to import 
                competition and provide greater economic and social 
                benefits than costs.

                7. In Proclamation 9693 of January 23, 2018, pursuant 
                to section 203 of the 1974 Act, I implemented a 
                safeguard measure on imports of certain crystalline 
                silicon photovoltaic (CSPV) cells, whether or not 
                partially or

[[Page 26324]]

                fully assembled into other products (including, but not 
                limited to, modules, laminates, panels, and building-
                integrated materials) (``CSPV products''). In 
                Proclamation 9694 of January 23, 2018, pursuant to 
                section 203 of the 1974 Act, I implemented a safeguard 
                measure on imports of large residential washers.

                8. The safeguard measures implemented by Proclamations 
                9693 and 9694 exempt imports of covered products from 
                developing countries that are Members of the World 
                Trade Organization (WTO), including India, if such a 
                country's individual share of total imports of the 
                product does not exceed 3 percent and if imports of all 
                such countries with less than 3 percent import share do 
                not collectively account for more than 9 percent of 
                total imports of the product.

                9. Consistent with my determination that it is 
                appropriate to terminate the designation of India as a 
                beneficiary developing country under the GSP, effective 
                June 5, 2019, I have determined to remove it from the 
                list of developing country WTO Members exempt from 
                application of the safeguard measures on CSPV products 
                and large residential washers. To reflect India's 
                removal from the list, I have determined that it is 
                appropriate to revise subdivision (b)(2) of U.S. note 
                17 and subdivision (b) of U.S. note 18 to subchapter 
                III of chapter 99 of the Harmonized Tariff Schedule of 
                the United States (HTS) to delete the references to 
                India.

                10. Section 604 of the 1974 Act (19 U.S.C. 2483) 
                authorizes the President to embody in the HTS the 
                substance of the relevant provisions of the 1974 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.

                11. In Proclamation 9887 of May 16, 2019, I terminated 
                the designation of Turkey as a beneficiary developing 
                country for purposes of the GSP and removed the 
                exemption for Turkey from application of the safeguard 
                measures on CSPV products and large residential 
                washers. To reflect this termination and removal, I 
                made certain modifications to the HTS, effective with 
                respect to goods entered for consumption, or withdrawn 
                from warehouse for consumption, on or after 12:01 a.m. 
                eastern daylight time on May 17, 2019.

                NOW, THEREFORE, I, DONALD J. TRUMP, President of the 
                United States of America, acting under the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including title V and 
                sections 203 and 604 of the 1974 Act, do hereby 
                proclaim that:

                    (1) The designation of India as a beneficiary 
                developing country is terminated, effective June 5, 
                2019.
                    (2) To reflect this termination, general notes 4(a) 
                and 4(d) and pertinent subheadings of the HTS are 
                modified as set forth in Annex A to this proclamation.
                    (3) 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.
                    (4) The exemption for India from application of the 
                safeguard measures on CSPV products and large 
                residential washers is removed, effective June 5, 2019.
                    (5) To reflect this revision, subdivision (b)(2) of 
                U.S. note 17 and subdivision (b) of U.S. note 18 to 
                subchapter III of chapter 99 of the HTS are each 
                modified as set forth in Annex B to this proclamation.
                    (6) Any merchandise from India or Turkey subject to 
                the safeguard measures implemented by Proclamation 9693 
                and Proclamation 9694 that is admitted into a United 
                States foreign trade zone on or after 12:01 a.m. 
                eastern daylight time on June 5, 2019, must be admitted 
                as ``privileged foreign status'' as defined in 19 CFR 
                146.41, and will be subject upon

[[Page 26325]]

                entry for consumption to the safeguard measures 
                implemented by Proclamation 9693 and Proclamation 9694.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                thirty-first day of May, in the year of our Lord two 
                thousand nineteen, and of the Independence of the 
                United States of America the two hundred and forty-
                third.
                
                
                    (Presidential Sig.)

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