To Take Certain Actions Under the United States- Mexico-Canada Agreement Implementation Act and for Other Purposes, 39821-39828 [2020-14448]
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39821
Presidential Documents
Federal Register
Vol. 85, No. 127
Wednesday, July 1, 2020
Title 3—
Proclamation 10053 of June 29, 2020
The President
To Take Certain Actions Under the United States-MexicoCanada Agreement Implementation Act and for Other Purposes
By the President of the United States of America
A Proclamation
1. On November 30, 2018, the United States, Mexico, and Canada entered
into the Agreement between the United States of America, the United Mexican States, and Canada (the ‘‘USMCA’’), attached as an Annex to the Protocol
Replacing the North American Free Trade Agreement with the Agreement
between the United States of America, the United Mexican States, and
Canada (the ‘‘Protocol’’), and on December 10, 2019, the United States,
Mexico, and Canada amended the USMCA through the Protocol of Amendment to the Agreement between the United States of America, the United
Mexican States, and Canada. The Congress approved the Protocol and the
USMCA, as amended, in section 101(a) of the United States-Mexico-Canada
Agreement Implementation Act (the ‘‘USMCA Implementation Act’’)(Public
Law 116–113, 134 Stat. 11, 14 (19 U.S.C. 4511(a))).
2. On April 24, 2020, pursuant to authority delegated to the United States
Trade Representative (USTR), the USTR submitted to the Congress the written
notice required under section 106(a)(1)(G) of the Bipartisan Congressional
Trade Priorities and Accountability Act of 2015 (title I of Public Law 114–
26, 129 Stat. 319, 350 (19 U.S.C. 4205(a)(1)(G))) and, in accordance with
section 101(b) of the USMCA Implementation Act, notified the Congress
that the USMCA will enter into force on July 1, 2020.
3. Section 103(c)(1) of the USMCA Implementation 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 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3, the Schedule
of the United States to Annex 2–B, including the appendices to that Annex,
Annex 2–C, and Annex 6–A of the USMCA.
4. Section 103(c)(4) of the USMCA Implementation Act requires the President
to take such actions as may be necessary in implementing the tariff-rate
quotas set forth in the Schedule of the United States to Annex 2–B of
the USMCA to ensure that imports of agricultural goods do not disrupt
the orderly marketing of agricultural goods in the United States.
5. Section 103(c)(5)(A) of the USMCA Implementation Act authorizes the
President to proclaim, as part of the Harmonized Tariff Schedule of the
United States (HTS), the provisions set forth in Annex 4–B; the provisions
set forth in paragraph 2 of article 3.A.6 of Annex 3–A; the provisions
set forth in paragraph 5 of Annex 3–B; and the provisions set forth in
paragraphs 14(b), 14(c), and 15(e) of section B of Appendix 2 to Annex
2–B of the USMCA.
6. Section 103(c)(5)(A) of the USMCA Implementation Act also authorizes
the President to proclaim any additional subordinate category that is necessary to carry out section 202 and section 202A of the USMCA Implementation Act consistent with the USMCA.
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7. Section 103(c)(5)(B) of the USMCA Implementation Act authorizes the
President to proclaim modifications to the provisions proclaimed under
the authority of section 103(c)(5)(A), subject to the consultation and layover
provisions of section 104, as are necessary to implement an agreement
under article 6.4 of the USMCA.
8. Section 105(a) of the USMCA Implementation Act authorizes the President
to establish or designate within the Department of Commerce an office
to serve as the United States Section of the Secretariat established under
article 30.6 of the USMCA.
9. Section 202 of the USMCA Implementation Act sets forth certain rules
for determining whether a good is an originating good for purposes of
implementing preferential tariff treatment provided for under the USMCA.
Section 202A of the USMCA Implementation Act sets forth certain rules
for determining whether certain automotive goods are originating goods for
purposes of implementing preferential tariff treatment provided for under
the USMCA. I have decided that it is necessary to include the rules of
origin set forth in sections 202 and 202A of the USMCA Implementation
Act in the HTS.
10. Section 207 of the USMCA Implementation Act authorizes the President
to take certain actions relating to trade with Canada and Mexico, including
with respect to textile and apparel goods.
11. Executive Order 11651 of March 3, 1972 (Textile Trade Agreements),
as amended, established the Committee for Implementation of Textile Agreements (CITA), consisting of representatives of the Departments of State,
the Treasury, Commerce, and Labor, and the Office of the USTR, with
the representative of the Department of Commerce as Chairman, to supervise
the implementation of textile trade agreements. Consistent with section 301
of title 3, United States Code, when carrying out functions vested in the
President by statute and assigned by the President to the CITA, the officials
collectively exercising those functions are all to be officers required to
be appointed by the President with the advice and consent of the Senate.
12. Section 324 of the USMCA Implementation Act authorizes the President
to take certain actions if the United States International Trade Commission
(the ‘‘Commission’’) finds that United States long-haul trucking services
are being, or are threatened with being, materially harmed.
13. Section 611(a) of the USMCA Implementation Act requires the President
to consult with the appropriate congressional committees and stakeholders
before each joint review under article 34.7 of the USMCA.
14. Section 1206(a) of the Omnibus Trade and Competitiveness Act of 1988
(the ‘‘1988 Act’’) (Public Law 100–418, 102 Stat. 1107, 1151 (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 the President determines that the modifications are in conformity with United States obligations under the International
Convention on the Harmonized Commodity Description and Coding System
(the ‘‘Convention’’) and do not run counter to the national economic interest
of the United States.
15. In Proclamation 9549 of December 1, 2016, pursuant to section 1206(a)
of the 1988 Act, the President proclaimed modifications to the HTS to
conform it to the Convention, to promote the uniform application of the
Convention, to establish additional subordinate tariff categories, and to make
technical and conforming changes to existing provisions. These modifications
to the HTS were set forth in Annex I of Publication 4653 of the Commission,
which was incorporated by reference into the proclamation.
16. On May 6, 2003, the President entered into the United States-Singapore
Free Trade Agreement (the ‘‘USSFTA’’). The USSFTA was approved by
the Congress in section 101(a) of the United States-Singapore Free Trade
Agreement Implementation Act (the ‘‘USSFTA Act’’) (Public Law 108–78,
117 Stat. 948, 949 (19 U.S.C. 3805 note)).
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17. Proclamation 7747 of December 30, 2003, implemented the USSFTA
with respect to the United States and, pursuant to the USSFTA Act, incorporated in the HTS the schedule of duty reductions and rules of origin
necessary or appropriate to carry out the USSFTA.
18. Section 201 of the USSFTA 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 2.2, 2.5, 2.6,
and 2.12 and Annex 2B (including the schedule of United States duty
reductions with respect to originating goods) of the USSFTA. The United
States and Singapore are parties to the Convention.
19. I have determined that, pursuant to section 201 of the USSFTA Act
and section 1206(a) of the 1988 Act, modifications to the HTS are necessary
or appropriate to ensure the continuation of tariff and certain other treatment
accorded to originating goods under tariff categories modified in Proclamation
9549 and to carry out the duty reductions proclaimed in Proclamation 7747.
20. On November 22, 2006, the United States entered into the United StatesColombia Trade Promotion Agreement (the ‘‘USCTPA’’), and on June 28,
2007, the United States and Colombia amended the USCTPA. The Congress
approved the USCTPA, as amended, in section 101(a) of the United StatesColombia Trade Promotion Agreement Implementation Act (the ‘‘USCTPA
Act’’) (Public Law 112–42, 125 Stat. 462, 463–64 (19 U.S.C. 3805 note)).
21. Proclamation 8818 of May 14, 2012, implemented the USCTPA with
respect to the United States and, pursuant to sections 201(a) and 203(o)
of the USCTPA Act, incorporated in the HTS the schedule of duty reductions
and rules of origin necessary or appropriate to carry out the USCTPA.
22. Section 201 of the USCTPA 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 2.3, 2.5, 2.6,
and 3.1.13, and Annex 2.3 (including the schedule of United States duty
reductions with respect to originating goods) of the USCTPA. The United
States and Colombia are parties to the Convention.
23. I have determined that, pursuant to section 201 of the USCTPA Act
and section 1206(a) of the 1988 Act, modifications to the HTS are necessary
or appropriate to ensure the continuation of tariff and certain other treatment
accorded to originating goods under tariff categories modified in Proclamation
9549 and to carry out the duty reductions proclaimed in Proclamation 8818.
24. Section 203 of the USCTPA Act provides rules for determining whether
goods imported into the United States originate in the territory of a party
to the USCTPA and thus are eligible for the tariff and other treatment
contemplated under the USCTPA. A rule of origin was inadvertently omitted
from general note 34 to the HTS in Proclamation 8818. I have determined
that a technical correction to general note 34 to the HTS is necessary
to provide for the intended tariff and certain other treatment accorded under
the USCTPA to originating goods of Colombia.
25. On June 30, 2007, the United States entered into the United StatesKorea Free Trade Agreement (the ‘‘KORUS’’). The Congress approved the
KORUS in section 101(a) of the United States-Korea Free Trade Agreement
Implementation Act (the ‘‘KORUS Act’’) (Public Law 112–41, 125 Stat. 428,
430 (19 U.S.C. 3805 note)).
26. Proclamation 8783 of March 6, 2012, implemented the KORUS with
respect to the United States and, pursuant to sections 201(a) and 202(o)
of the KORUS Act, incorporated in the HTS the tariff modifications and
rules of origin necessary or appropriate to carry out the KORUS.
27. Section 202 of the KORUS Act provides rules for determining whether
goods imported into the United States originate in the territory of a party
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to the KORUS and thus are eligible for the tariff and other treatment contemplated under the KORUS. Section 202(o)(2)(B)(i) of the KORUS Act authorizes the President to proclaim, as a part of the HTS, the rules of origin
set forth in the KORUS, and, subject to the consultation and layover requirements of section 104, to proclaim modifications to such previously proclaimed rules of origin.
28. The United States and Korea have agreed to modify a certain rule
of origin under the KORUS and to apply the modified rule to their bilateral
trade. On August 14, 2019, in accordance with section 104 of the KORUS
Act, the USTR submitted a report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of Representatives that sets forth the proposed modification to the specific textile rule
of origin of the KORUS incorporated in the HTS. The consultation and
layover period specified in section 104 expired on October 14, 2019.
29. In order to reflect the agreement between the United States and Korea
related to the KORUS rules of origin, I have determined that it is necessary
to modify the HTS.
30. Proclamation 8783 inadvertently omitted a rule of origin from general
note 33 to the HTS. I have determined that a technical correction to general
note 33 to the HTS is necessary to provide for the intended tariff and
certain other treatment accorded under the KORUS to originating goods
of Korea.
31. On June 28, 2007, the United States entered into the United StatesPanama Trade Promotion Agreement (the ‘‘USPATPA’’). The Congress approved the USPATPA in section 101(a) of the United States-Panama Trade
Promotion Agreement Implementation Act (the ‘‘USPATPA Act’’) (Public
Law 112–43, 125 Stat. 497, 498–99 (19 U.S.C. 3805 note)).
32. Proclamation 8894 of October 29, 2012, implemented the USPATPA
with respect to the United States, and, pursuant to sections 201(a) and
203(o) of the USPATPA Act, incorporated in the HTS the tariff modifications
and rules of origin necessary or appropriate to carry out the USPATPA.
33. Section 203 of the USPATPA Act provides rules for determining whether
goods imported into the United States originate in the territory of a party
to the USPATPA and thus are eligible for the tariff and other treatment
contemplated under the USPATPA.
34. A rule of origin was inadvertently omitted from general note 35 to
the HTS in Proclamation 8894. I have determined that a technical correction
to general note 35 to the HTS is necessary to provide for the intended
tariff and certain other treatment accorded under the USPATPA to originating
goods of Panama.
35. In Proclamation 9955 of October 25, 2019, after considering the factors
set forth in sections 501 and 502(c) of the Trade Act of 1974, as amended,
(the ‘‘1974 Act’’) (Public Law 93–618, 88 Stat. 1978, 2066–69 (19 U.S.C.
2461 and 2462(c))), and in particular section 502(c)(7) of the 1974 Act
(19 U.S.C. 2462(c)(7)), I suspended the duty-free treatment accorded under
the Generalized System of Preferences (GSP) (19 U.S.C. 2461 et seq.) to
certain eligible articles that are the product of Thailand. In order to reflect
in the HTS this suspension of certain benefits under the GSP with respect
to Thailand, Annex 2 of Proclamation 9955 modified general note 4(d)
and certain subheadings of the HTS.
36. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President
to embody in the HTS the substance of the relevant provisions of that
Act, and of other Acts affecting import treatment, and actions thereunder,
including removal, modification, continuance, or imposition of any rate
of duty or other import restriction.
37. Annex 2 of Proclamation 9955 inadvertently omitted changes with respect
to seven subheadings of the HTS. I have determined, pursuant to section
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604 of the 1974 Act, that it is necessary to modify the HTS to correct
those inadvertent omissions so that the intended tariff treatment is provided.
38. Proclamation 9466 of June 30, 2016, modified the HTS to provide for
the tariff treatment of goods covered by the 2015 World Trade Organization
Declaration on the Expansion of Trade in Information Technology Products,
pursuant to section 111(b) of the Uruguay Round Agreements Act (Public
Law 103–465, 108 Stat. 4809, 4819–20 (19 U.S.C. 3521(b))). Proclamation
9466 modified the HTS in part by deleting all rates of duty in the ‘‘Rates
of Duty 1-Special’’ subcolumn for certain subheadings.
39. In Proclamation 9687 of December 22, 2017, after considering the factors
set forth in section 502(b) of the 1974 Act (19 U.S.C. 2462(b)), and in
particular section 502(b)(2)(E) of the 1974 Act (19 U.S.C. 2462(b)(2)(E)),
I terminated the suspension of Argentina’s designation as a GSP beneficiary
developing country. In order to reflect in the HTS the termination of the
suspension of Argentina’s designation as a GSP beneficiary developing country, Annex IV of Proclamation 9687 modified general note 4(d) and certain
subheadings of the HTS.
40. In Proclamation 9687, after considering the factors set forth in sections
501 and 502(c) of the 1974 Act, and in particular section 502(c)(5) of the
1974 Act (19 U.S.C. 2462(c)(5)), I suspended the duty-free treatment accorded
under the GSP to certain eligible articles that are the product of Ukraine.
In order to reflect in the HTS the suspension of certain benefits with respect
to Ukraine, Annex III of Proclamation 9687 modified general note 4(d)
and certain subheadings of the HTS.
41. Proclamation 9687 inadvertently modified general note 4(d) to the HTS
to include certain subheadings for which the rates of duty in the ‘‘Rates
of Duty 1-Special’’ subcolumn were deleted by Proclamation 9466. I have
determined, pursuant to section 604 of the 1974 Act, that it is necessary
to modify the HTS to reflect the deletion of the rates of duty in the ‘‘Rates
of Duty 1-Special’’ column for those subheadings.
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 sections 103(c),
105(a), 207, 324, and 611(a) of the USMCA Implementation Act; section
1206(a) of the 1988 Act; section 201 of the USSFTA Act; sections 201
and 203(o) of the USCTPA Act; sections 201 and 202(o) of the KORUS
Act; sections 201 and 203(o) of the USPATPA Act; section 604 of the
1974 Act; and section 301 of title 3, United States Code, do proclaim
that:
(1) In order to provide generally for the preferential tariff treatment being
accorded under the USMCA, to set forth rules for determining whether
goods imported into the customs territory of the United States are eligible
for preferential tariff treatment under the USMCA, to provide tariff-rate
quotas with respect to certain originating goods of Canada, and to provide
certain other treatment to originating goods for purposes of the USMCA,
the HTS is modified as set forth in Annex I of Publication 5060 of the
Commission, entitled ‘‘Modifications to the Harmonized Tariff Schedule of
the United States to Implement the United States-Mexico-Canada Agreement’’
(Publication 5060). Publication 5060 is incorporated by reference into this
proclamation.
(2) In order to implement the initial stage of duty reduction provided
for in the USMCA, to provide for future staged reductions in duties for
originating goods provided for in the USMCA, and to provide tariff-rate
quotas with respect to certain goods provided for in the USMCA, the HTS
is modified as set forth in Annex II of Publication 5060.
(3) The modifications to the HTS made by paragraphs (1) and (2) of
this proclamation shall enter into effect on the dates indicated in Annexes
I and II of Publication 5060.
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(4) In order to reflect in the HTS the termination of tariff treatment
under the North American Free Trade Agreement, the HTS is modified
as set forth in Annex III of Publication 5060.
(5) The USTR is authorized to exercise my authority under section 103(c)(4)
of the USMCA Implementation Act to take such action as may be necessary
in implementing the tariff-rate quotas set forth in the Schedule of the United
States to Annex 2–B of the USMCA to ensure that imports of agricultural
goods do not disrupt the orderly marketing of agricultural goods in the
United States. This action is set forth in Annex II of Publication 5060.
(6) The CITA, after consultation with the Commissioner of U.S. Customs
and Border Protection (the ‘‘Commissioner’’), is authorized to consult with
representatives of Canada and Mexico for the purpose of identifying particular
textile or apparel goods that are mutually agreed to be hand-loomed fabrics
of a cottage industry, hand-made cottage industry goods made of those
hand-loomed fabrics, traditional folklore handicraft goods, or indigenous
handicraft goods, as provided in article 6.2 of the USMCA. The CITA is
authorized to exercise my authority under section 103(c)(1) of the USMCA
Implementation Act to provide duty-free treatment with respect to a good
provided for under article 6.2 of the USMCA. The Commissioner shall
take action as directed by the CITA to carry out any such determination
by the CITA.
(7) The USTR is authorized to fulfill the obligations of the President
under section 104 of the USMCA Implementation Act to obtain advice
from the appropriate advisory committees and the Commission on the proposed implementation of an action by Presidential proclamation; to submit
a report on such proposed action to the appropriate congressional committees;
and to consult with those congressional committees regarding the proposed
action.
(8) The Secretary of Commerce is authorized to exercise the authority
of the President under section 105(a) of the USMCA Implementation Act
to establish or designate an office within the Department of Commerce
to carry out the functions set forth in that section.
(9) The CITA is authorized to review requests for modifications to a
rule of origin for textile and apparel goods based on a change in the availability in the territories of the United States, Canada, and Mexico of a
particular fiber, yarn, or fabric; to establish procedures governing such a
request, providing that the person making the request bears the burden
of demonstrating that a change is warranted, and ensuring appropriate public
participation in review of a request; and to make a recommendation as
to whether a requested modification to a rule of origin for a textile good
based on a change in the availability of a particular fiber, yarn, or fabric
is warranted.
(10) The CITA is authorized to exercise my authority under section
207(a)(2)(B) of the USMCA Implementation Act to direct appropriate action
under section 207(a)(2)(D) with respect to textile and apparel goods.
(11) The CITA is authorized to exercise my authority under section
207(a)(1)(B) of the UMSCA Implementation Act to direct action under section
207(c) with respect to textile and apparel goods.
(12) The Secretary of the Treasury is authorized to exercise my authority
under section 207(a)(1)(B) of the USMCA Implementation Act to direct action
under section 207(a)(1)(B)(i) or section 207(c) with respect to goods other
than textile or apparel goods.
(13) The USTR is authorized, after consultation with the Secretary of
Transportation, to exercise my authority under section 324 of the USMCA
Implementation Act.
(14) The USTR is authorized to exercise the function assigned to the
President under section 611(a) of the USMCA Implementation Act to consult
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with the appropriate congressional committees and stakeholders regarding
joint reviews under article 34.7 of the USMCA.
(15) In order to reflect in the HTS the modifications to the rules of
origin under the USSFTA, general note 25 to the HTS is modified as set
forth in Annex IV of Publication 5060.
(16) The modifications to the HTS made by paragraph (15) of this proclamation shall enter into effect on the date indicated in Annex IV of Publication
5060.
(17) In order to reflect in the HTS the modifications to the rules of
origin under the USCTPA, general note 34 to the HTS is modified as set
forth in Annex V of Publication 5060.
(18) The modifications to the HTS made by paragraph (17) of this proclamation shall enter into effect on the date indicated in Annex V of Publication
5060.
(19) In order to implement agreed amendments to a textile rule of origin
under the KORUS, general note 33 to the HTS is modified as set forth
in Annex VI of Publication 5060.
(20) The modifications to the HTS made by paragraph (19) of this proclamation shall enter into effect on the date indicated in Annex VI of Publication
5060.
(21) In order to make technical corrections necessary to provide the intended rules of origin under the USCTPA, the KORUS, and the USPATPA,
the HTS is modified as set forth in Annex VII of Publication 5060.
(22) The modifications to the HTS made by paragraph (21) of this proclamation shall enter into effect on the dates indicated in Annex VII of Publication
5060.
(23) In order to provide the intended tariff treatment with respect to
certain articles that are the product of Thailand, general note 4(d) and
pertinent subheadings of the HTS are modified as set forth in Annex VIII
of Publication 5060.
(24) The modifications to the HTS made by paragraph (23) of this proclamation shall enter into effect on the date indicated in Annex VIII of Publication
5060.
(25) In order to make technical corrections to reflect the rates of duty
in the ‘‘Rates of Duty 1-Special’’ subcolumn for certain subheadings with
respect to certain articles of Argentina and Ukraine, general note 4(d) and
pertinent subheadings of the HTS are modified as set forth in Annex IX
of Publication 5060.
(26) The modifications to the HTS made by paragraph (25) of this proclamation shall enter into effect on the date indicated in Annex IX of Publication
5060.
(27) 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.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth
day of June, in the year of our Lord two thousand twenty, and of the
Independence of the United States of America the two hundred and fortyfourth.
[FR Doc. 2020–14448
Filed 6–30–20; 2:00 pm]
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Billing code 3295–F2–P
Agencies
[Federal Register Volume 85, Number 127 (Wednesday, July 1, 2020)]
[Presidential Documents]
[Pages 39821-39828]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14448]
[[Page 39819]]
Vol. 85
Wednesday,
No. 127
July 1, 2020
Part V
The President
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Proclamation 10053--To Take Certain Actions Under the United States-
Mexico-Canada Agreement Implementation Act and for Other Purposes
Presidential Documents
Federal Register / Vol. 85, No. 127 / Wednesday, July 1, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 39821]]
Proclamation 10053 of June 29, 2020
To Take Certain Actions Under the United States-
Mexico-Canada Agreement Implementation Act and for
Other Purposes
By the President of the United States of America
A Proclamation
1. On November 30, 2018, the United States, Mexico, and
Canada entered into the Agreement between the United
States of America, the United Mexican States, and
Canada (the ``USMCA''), attached as an Annex to the
Protocol Replacing the North American Free Trade
Agreement with the Agreement between the United States
of America, the United Mexican States, and Canada (the
``Protocol''), and on December 10, 2019, the United
States, Mexico, and Canada amended the USMCA through
the Protocol of Amendment to the Agreement between the
United States of America, the United Mexican States,
and Canada. The Congress approved the Protocol and the
USMCA, as amended, in section 101(a) of the United
States-Mexico-Canada Agreement Implementation Act (the
``USMCA Implementation Act'')(Public Law 116-113, 134
Stat. 11, 14 (19 U.S.C. 4511(a))).
2. On April 24, 2020, pursuant to authority delegated
to the United States Trade Representative (USTR), the
USTR submitted to the Congress the written notice
required under section 106(a)(1)(G) of the Bipartisan
Congressional Trade Priorities and Accountability Act
of 2015 (title I of Public Law 114-26, 129 Stat. 319,
350 (19 U.S.C. 4205(a)(1)(G))) and, in accordance with
section 101(b) of the USMCA Implementation Act,
notified the Congress that the USMCA will enter into
force on July 1, 2020.
3. Section 103(c)(1) of the USMCA Implementation 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 2.4, 2.5, 2.7, 2.8, 2.9,
2.10, 6.2, and 6.3, the Schedule of the United States
to Annex 2-B, including the appendices to that Annex,
Annex 2-C, and Annex 6-A of the USMCA.
4. Section 103(c)(4) of the USMCA Implementation Act
requires the President to take such actions as may be
necessary in implementing the tariff-rate quotas set
forth in the Schedule of the United States to Annex 2-B
of the USMCA to ensure that imports of agricultural
goods do not disrupt the orderly marketing of
agricultural goods in the United States.
5. Section 103(c)(5)(A) of the USMCA Implementation Act
authorizes the President to proclaim, as part of the
Harmonized Tariff Schedule of the United States (HTS),
the provisions set forth in Annex 4-B; the provisions
set forth in paragraph 2 of article 3.A.6 of Annex 3-A;
the provisions set forth in paragraph 5 of Annex 3-B;
and the provisions set forth in paragraphs 14(b),
14(c), and 15(e) of section B of Appendix 2 to Annex 2-
B of the USMCA.
6. Section 103(c)(5)(A) of the USMCA Implementation Act
also authorizes the President to proclaim any
additional subordinate category that is necessary to
carry out section 202 and section 202A of the USMCA
Implementation Act consistent with the USMCA.
[[Page 39822]]
7. Section 103(c)(5)(B) of the USMCA Implementation Act
authorizes the President to proclaim modifications to
the provisions proclaimed under the authority of
section 103(c)(5)(A), subject to the consultation and
layover provisions of section 104, as are necessary to
implement an agreement under article 6.4 of the USMCA.
8. Section 105(a) of the USMCA Implementation Act
authorizes the President to establish or designate
within the Department of Commerce an office to serve as
the United States Section of the Secretariat
established under article 30.6 of the USMCA.
9. Section 202 of the USMCA Implementation Act sets
forth certain rules for determining whether a good is
an originating good for purposes of implementing
preferential tariff treatment provided for under the
USMCA. Section 202A of the USMCA Implementation Act
sets forth certain rules for determining whether
certain automotive goods are originating goods for
purposes of implementing preferential tariff treatment
provided for under the USMCA. I have decided that it is
necessary to include the rules of origin set forth in
sections 202 and 202A of the USMCA Implementation Act
in the HTS.
10. Section 207 of the USMCA Implementation Act
authorizes the President to take certain actions
relating to trade with Canada and Mexico, including
with respect to textile and apparel goods.
11. Executive Order 11651 of March 3, 1972 (Textile
Trade Agreements), as amended, established the
Committee for Implementation of Textile Agreements
(CITA), consisting of representatives of the
Departments of State, the Treasury, Commerce, and
Labor, and the Office of the USTR, with the
representative of the Department of Commerce as
Chairman, to supervise the implementation of textile
trade agreements. Consistent with section 301 of title
3, United States Code, when carrying out functions
vested in the President by statute and assigned by the
President to the CITA, the officials collectively
exercising those functions are all to be officers
required to be appointed by the President with the
advice and consent of the Senate.
12. Section 324 of the USMCA Implementation Act
authorizes the President to take certain actions if the
United States International Trade Commission (the
``Commission'') finds that United States long-haul
trucking services are being, or are threatened with
being, materially harmed.
13. Section 611(a) of the USMCA Implementation Act
requires the President to consult with the appropriate
congressional committees and stakeholders before each
joint review under article 34.7 of the USMCA.
14. Section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (Public
Law 100-418, 102 Stat. 1107, 1151 (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
the President determines that the modifications are in
conformity with United States obligations under the
International Convention on the Harmonized Commodity
Description and Coding System (the ``Convention'') and
do not run counter to the national economic interest of
the United States.
15. In Proclamation 9549 of December 1, 2016, pursuant
to section 1206(a) of the 1988 Act, the President
proclaimed modifications to the HTS to conform it to
the Convention, to promote the uniform application of
the Convention, to establish additional subordinate
tariff categories, and to make technical and conforming
changes to existing provisions. These modifications to
the HTS were set forth in Annex I of Publication 4653
of the Commission, which was incorporated by reference
into the proclamation.
16. On May 6, 2003, the President entered into the
United States-Singapore Free Trade Agreement (the
``USSFTA''). The USSFTA was approved by the Congress in
section 101(a) of the United States-Singapore Free
Trade Agreement Implementation Act (the ``USSFTA Act'')
(Public Law 108-78, 117 Stat. 948, 949 (19 U.S.C. 3805
note)).
[[Page 39823]]
17. Proclamation 7747 of December 30, 2003, implemented
the USSFTA with respect to the United States and,
pursuant to the USSFTA Act, incorporated in the HTS the
schedule of duty reductions and rules of origin
necessary or appropriate to carry out the USSFTA.
18. Section 201 of the USSFTA 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 2.2, 2.5, 2.6, and 2.12
and Annex 2B (including the schedule of United States
duty reductions with respect to originating goods) of
the USSFTA. The United States and Singapore are parties
to the Convention.
19. I have determined that, pursuant to section 201 of
the USSFTA Act and section 1206(a) of the 1988 Act,
modifications to the HTS are necessary or appropriate
to ensure the continuation of tariff and certain other
treatment accorded to originating goods under tariff
categories modified in Proclamation 9549 and to carry
out the duty reductions proclaimed in Proclamation
7747.
20. On November 22, 2006, the United States entered
into the United States-Colombia Trade Promotion
Agreement (the ``USCTPA''), and on June 28, 2007, the
United States and Colombia amended the USCTPA. The
Congress approved the USCTPA, as amended, in section
101(a) of the United States-Colombia Trade Promotion
Agreement Implementation Act (the ``USCTPA Act'')
(Public Law 112-42, 125 Stat. 462, 463-64 (19 U.S.C.
3805 note)).
21. Proclamation 8818 of May 14, 2012, implemented the
USCTPA with respect to the United States and, pursuant
to sections 201(a) and 203(o) of the USCTPA Act,
incorporated in the HTS the schedule of duty reductions
and rules of origin necessary or appropriate to carry
out the USCTPA.
22. Section 201 of the USCTPA 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 2.3, 2.5, 2.6, and
3.1.13, and Annex 2.3 (including the schedule of United
States duty reductions with respect to originating
goods) of the USCTPA. The United States and Colombia
are parties to the Convention.
23. I have determined that, pursuant to section 201 of
the USCTPA Act and section 1206(a) of the 1988 Act,
modifications to the HTS are necessary or appropriate
to ensure the continuation of tariff and certain other
treatment accorded to originating goods under tariff
categories modified in Proclamation 9549 and to carry
out the duty reductions proclaimed in Proclamation
8818.
24. Section 203 of the USCTPA Act provides rules for
determining whether goods imported into the United
States originate in the territory of a party to the
USCTPA and thus are eligible for the tariff and other
treatment contemplated under the USCTPA. A rule of
origin was inadvertently omitted from general note 34
to the HTS in Proclamation 8818. I have determined that
a technical correction to general note 34 to the HTS is
necessary to provide for the intended tariff and
certain other treatment accorded under the USCTPA to
originating goods of Colombia.
25. On June 30, 2007, the United States entered into
the United States-Korea Free Trade Agreement (the
``KORUS''). The Congress approved the KORUS in section
101(a) of the United States-Korea Free Trade Agreement
Implementation Act (the ``KORUS Act'') (Public Law 112-
41, 125 Stat. 428, 430 (19 U.S.C. 3805 note)).
26. Proclamation 8783 of March 6, 2012, implemented the
KORUS with respect to the United States and, pursuant
to sections 201(a) and 202(o) of the KORUS Act,
incorporated in the HTS the tariff modifications and
rules of origin necessary or appropriate to carry out
the KORUS.
27. Section 202 of the KORUS Act provides rules for
determining whether goods imported into the United
States originate in the territory of a party
[[Page 39824]]
to the KORUS and thus are eligible for the tariff and
other treatment contemplated under the KORUS. Section
202(o)(2)(B)(i) of the KORUS Act authorizes the
President to proclaim, as a part of the HTS, the rules
of origin set forth in the KORUS, and, subject to the
consultation and layover requirements of section 104,
to proclaim modifications to such previously proclaimed
rules of origin.
28. The United States and Korea have agreed to modify a
certain rule of origin under the KORUS and to apply the
modified rule to their bilateral trade. On August 14,
2019, in accordance with section 104 of the KORUS Act,
the USTR submitted a report to the Committee on Finance
of the Senate and the Committee on Ways and Means of
the House of Representatives that sets forth the
proposed modification to the specific textile rule of
origin of the KORUS incorporated in the HTS. The
consultation and layover period specified in section
104 expired on October 14, 2019.
29. In order to reflect the agreement between the
United States and Korea related to the KORUS rules of
origin, I have determined that it is necessary to
modify the HTS.
30. Proclamation 8783 inadvertently omitted a rule of
origin from general note 33 to the HTS. I have
determined that a technical correction to general note
33 to the HTS is necessary to provide for the intended
tariff and certain other treatment accorded under the
KORUS to originating goods of Korea.
31. On June 28, 2007, the United States entered into
the United States-Panama Trade Promotion Agreement (the
``USPATPA''). The Congress approved the USPATPA in
section 101(a) of the United States-Panama Trade
Promotion Agreement Implementation Act (the ``USPATPA
Act'') (Public Law 112-43, 125 Stat. 497, 498-99 (19
U.S.C. 3805 note)).
32. Proclamation 8894 of October 29, 2012, implemented
the USPATPA with respect to the United States, and,
pursuant to sections 201(a) and 203(o) of the USPATPA
Act, incorporated in the HTS the tariff modifications
and rules of origin necessary or appropriate to carry
out the USPATPA.
33. Section 203 of the USPATPA Act provides rules for
determining whether goods imported into the United
States originate in the territory of a party to the
USPATPA and thus are eligible for the tariff and other
treatment contemplated under the USPATPA.
34. A rule of origin was inadvertently omitted from
general note 35 to the HTS in Proclamation 8894. I have
determined that a technical correction to general note
35 to the HTS is necessary to provide for the intended
tariff and certain other treatment accorded under the
USPATPA to originating goods of Panama.
35. In Proclamation 9955 of October 25, 2019, after
considering the factors set forth in sections 501 and
502(c) of the Trade Act of 1974, as amended, (the
``1974 Act'') (Public Law 93-618, 88 Stat. 1978, 2066-
69 (19 U.S.C. 2461 and 2462(c))), and in particular
section 502(c)(7) of the 1974 Act (19 U.S.C.
2462(c)(7)), I suspended the duty-free treatment
accorded under the Generalized System of Preferences
(GSP) (19 U.S.C. 2461 et seq.) to certain eligible
articles that are the product of Thailand. In order to
reflect in the HTS this suspension of certain benefits
under the GSP with respect to Thailand, Annex 2 of
Proclamation 9955 modified general note 4(d) and
certain subheadings of the HTS.
36. Section 604 of the 1974 Act (19 U.S.C. 2483)
authorizes the President to embody in the HTS the
substance of the relevant provisions of that Act, and
of other Acts affecting import treatment, and actions
thereunder, including removal, modification,
continuance, or imposition of any rate of duty or other
import restriction.
37. Annex 2 of Proclamation 9955 inadvertently omitted
changes with respect to seven subheadings of the HTS. I
have determined, pursuant to section
[[Page 39825]]
604 of the 1974 Act, that it is necessary to modify the
HTS to correct those inadvertent omissions so that the
intended tariff treatment is provided.
38. Proclamation 9466 of June 30, 2016, modified the
HTS to provide for the tariff treatment of goods
covered by the 2015 World Trade Organization
Declaration on the Expansion of Trade in Information
Technology Products, pursuant to section 111(b) of the
Uruguay Round Agreements Act (Public Law 103-465, 108
Stat. 4809, 4819-20 (19 U.S.C. 3521(b))). Proclamation
9466 modified the HTS in part by deleting all rates of
duty in the ``Rates of Duty 1-Special'' subcolumn for
certain subheadings.
39. In Proclamation 9687 of December 22, 2017, after
considering the factors set forth in section 502(b) of
the 1974 Act (19 U.S.C. 2462(b)), and in particular
section 502(b)(2)(E) of the 1974 Act (19 U.S.C.
2462(b)(2)(E)), I terminated the suspension of
Argentina's designation as a GSP beneficiary developing
country. In order to reflect in the HTS the termination
of the suspension of Argentina's designation as a GSP
beneficiary developing country, Annex IV of
Proclamation 9687 modified general note 4(d) and
certain subheadings of the HTS.
40. In Proclamation 9687, after considering the factors
set forth in sections 501 and 502(c) of the 1974 Act,
and in particular section 502(c)(5) of the 1974 Act (19
U.S.C. 2462(c)(5)), I suspended the duty-free treatment
accorded under the GSP to certain eligible articles
that are the product of Ukraine. In order to reflect in
the HTS the suspension of certain benefits with respect
to Ukraine, Annex III of Proclamation 9687 modified
general note 4(d) and certain subheadings of the HTS.
41. Proclamation 9687 inadvertently modified general
note 4(d) to the HTS to include certain subheadings for
which the rates of duty in the ``Rates of Duty 1-
Special'' subcolumn were deleted by Proclamation 9466.
I have determined, pursuant to section 604 of the 1974
Act, that it is necessary to modify the HTS to reflect
the deletion of the rates of duty in the ``Rates of
Duty 1-Special'' column for those subheadings.
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 sections 103(c),
105(a), 207, 324, and 611(a) of the USMCA
Implementation Act; section 1206(a) of the 1988 Act;
section 201 of the USSFTA Act; sections 201 and 203(o)
of the USCTPA Act; sections 201 and 202(o) of the KORUS
Act; sections 201 and 203(o) of the USPATPA Act;
section 604 of the 1974 Act; and section 301 of title
3, United States Code, do proclaim that:
(1) In order to provide generally for the
preferential tariff treatment being accorded under the
USMCA, to set forth rules for determining whether goods
imported into the customs territory of the United
States are eligible for preferential tariff treatment
under the USMCA, to provide tariff-rate quotas with
respect to certain originating goods of Canada, and to
provide certain other treatment to originating goods
for purposes of the USMCA, the HTS is modified as set
forth in Annex I of Publication 5060 of the Commission,
entitled ``Modifications to the Harmonized Tariff
Schedule of the United States to Implement the United
States-Mexico-Canada Agreement'' (Publication 5060).
Publication 5060 is incorporated by reference into this
proclamation.
(2) In order to implement the initial stage of duty
reduction provided for in the USMCA, to provide for
future staged reductions in duties for originating
goods provided for in the USMCA, and to provide tariff-
rate quotas with respect to certain goods provided for
in the USMCA, the HTS is modified as set forth in Annex
II of Publication 5060.
(3) The modifications to the HTS made by paragraphs
(1) and (2) of this proclamation shall enter into
effect on the dates indicated in Annexes I and II of
Publication 5060.
[[Page 39826]]
(4) In order to reflect in the HTS the termination
of tariff treatment under the North American Free Trade
Agreement, the HTS is modified as set forth in Annex
III of Publication 5060.
(5) The USTR is authorized to exercise my authority
under section 103(c)(4) of the USMCA Implementation Act
to take such action as may be necessary in implementing
the tariff-rate quotas set forth in the Schedule of the
United States to Annex 2-B of the USMCA to ensure that
imports of agricultural goods do not disrupt the
orderly marketing of agricultural goods in the United
States. This action is set forth in Annex II of
Publication 5060.
(6) The CITA, after consultation with the
Commissioner of U.S. Customs and Border Protection (the
``Commissioner''), is authorized to consult with
representatives of Canada and Mexico for the purpose of
identifying particular textile or apparel goods that
are mutually agreed to be hand-loomed fabrics of a
cottage industry, hand-made cottage industry goods made
of those hand-loomed fabrics, traditional folklore
handicraft goods, or indigenous handicraft goods, as
provided in article 6.2 of the USMCA. The CITA is
authorized to exercise my authority under section
103(c)(1) of the USMCA Implementation Act to provide
duty-free treatment with respect to a good provided for
under article 6.2 of the USMCA. The Commissioner shall
take action as directed by the CITA to carry out any
such determination by the CITA.
(7) The USTR is authorized to fulfill the
obligations of the President under section 104 of the
USMCA Implementation Act to obtain advice from the
appropriate advisory committees and the Commission on
the proposed implementation of an action by
Presidential proclamation; to submit a report on such
proposed action to the appropriate congressional
committees; and to consult with those congressional
committees regarding the proposed action.
(8) The Secretary of Commerce is authorized to
exercise the authority of the President under section
105(a) of the USMCA Implementation Act to establish or
designate an office within the Department of Commerce
to carry out the functions set forth in that section.
(9) The CITA is authorized to review requests for
modifications to a rule of origin for textile and
apparel goods based on a change in the availability in
the territories of the United States, Canada, and
Mexico of a particular fiber, yarn, or fabric; to
establish procedures governing such a request,
providing that the person making the request bears the
burden of demonstrating that a change is warranted, and
ensuring appropriate public participation in review of
a request; and to make a recommendation as to whether a
requested modification to a rule of origin for a
textile good based on a change in the availability of a
particular fiber, yarn, or fabric is warranted.
(10) The CITA is authorized to exercise my
authority under section 207(a)(2)(B) of the USMCA
Implementation Act to direct appropriate action under
section 207(a)(2)(D) with respect to textile and
apparel goods.
(11) The CITA is authorized to exercise my
authority under section 207(a)(1)(B) of the UMSCA
Implementation Act to direct action under section
207(c) with respect to textile and apparel goods.
(12) The Secretary of the Treasury is authorized to
exercise my authority under section 207(a)(1)(B) of the
USMCA Implementation Act to direct action under section
207(a)(1)(B)(i) or section 207(c) with respect to goods
other than textile or apparel goods.
(13) The USTR is authorized, after consultation
with the Secretary of Transportation, to exercise my
authority under section 324 of the USMCA Implementation
Act.
(14) The USTR is authorized to exercise the
function assigned to the President under section 611(a)
of the USMCA Implementation Act to consult
[[Page 39827]]
with the appropriate congressional committees and
stakeholders regarding joint reviews under article 34.7
of the USMCA.
(15) In order to reflect in the HTS the
modifications to the rules of origin under the USSFTA,
general note 25 to the HTS is modified as set forth in
Annex IV of Publication 5060.
(16) The modifications to the HTS made by paragraph
(15) of this proclamation shall enter into effect on
the date indicated in Annex IV of Publication 5060.
(17) In order to reflect in the HTS the
modifications to the rules of origin under the USCTPA,
general note 34 to the HTS is modified as set forth in
Annex V of Publication 5060.
(18) The modifications to the HTS made by paragraph
(17) of this proclamation shall enter into effect on
the date indicated in Annex V of Publication 5060.
(19) In order to implement agreed amendments to a
textile rule of origin under the KORUS, general note 33
to the HTS is modified as set forth in Annex VI of
Publication 5060.
(20) The modifications to the HTS made by paragraph
(19) of this proclamation shall enter into effect on
the date indicated in Annex VI of Publication 5060.
(21) In order to make technical corrections
necessary to provide the intended rules of origin under
the USCTPA, the KORUS, and the USPATPA, the HTS is
modified as set forth in Annex VII of Publication 5060.
(22) The modifications to the HTS made by paragraph
(21) of this proclamation shall enter into effect on
the dates indicated in Annex VII of Publication 5060.
(23) In order to provide the intended tariff
treatment with respect to certain articles that are the
product of Thailand, general note 4(d) and pertinent
subheadings of the HTS are modified as set forth in
Annex VIII of Publication 5060.
(24) The modifications to the HTS made by paragraph
(23) of this proclamation shall enter into effect on
the date indicated in Annex VIII of Publication 5060.
(25) In order to make technical corrections to
reflect the rates of duty in the ``Rates of Duty 1-
Special'' subcolumn for certain subheadings with
respect to certain articles of Argentina and Ukraine,
general note 4(d) and pertinent subheadings of the HTS
are modified as set forth in Annex IX of Publication
5060.
(26) The modifications to the HTS made by paragraph
(25) of this proclamation shall enter into effect on
the date indicated in Annex IX of Publication 5060.
(27) Any provisions of previous proclamations and
Executive Orders that are inconsistent with the actions
taken in this proclamation are superseded to the extent
of such inconsistency.
[[Page 39828]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-ninth day of June, in the year of our Lord two
thousand twenty, and of the Independence of the United
States of America the two hundred and forty-fourth.
(Presidential Sig.)
[FR Doc. 2020-14448
Filed 6-30-20; 2:00 pm]
Billing code 3295-F2-P