To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes, 70027-70037 [2020-24589]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 214 (Wednesday, November 4, 2020)]
[Presidential Documents]
[Pages 70027-70037]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24589]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 214 / Wednesday, November 4, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 70027]]

                Proclamation 10107 of October 30, 2020

                
To Modify Duty-Free Treatment Under the 
                Generalized System of Preferences and for Other 
                Purposes

                By the President of the United States of America

                A Proclamation

                1. In Executive Order 11844 of March 24, 1975, the 
                President designated Thailand as a beneficiary 
                developing country for purposes of the Generalized 
                System of Preferences (GSP) (19 U.S.C. 2461 et seq.).

                2. Sections 502(d)(1) and 503(c)(1) of the Trade Act of 
                1974, as amended, (the ``1974 Act'') (19 U.S.C. 
                2462(d)(1) and 2463(c)(1)) provide that 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 and any article 
                upon consideration of 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 under the GSP, the President shall take into 
                account 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. Pursuant to sections 502(d)(1) and 503(c)(1) of the 
                1974 Act, and having considered the factors set forth 
                in sections 501 and 502(c), including in particular 
                section 502(c)(4), I have determined that Thailand has 
                not assured the United States that Thailand will 
                provide equitable and reasonable access to its markets. 
                Accordingly, it is appropriate to suspend the duty-free 
                treatment accorded under the GSP to certain eligible 
                articles that are the product of Thailand, effective on 
                December 30, 2020.

                5. Pursuant to section 503(c)(1) of the 1974 Act, the 
                President may withdraw, suspend, or limit the 
                application of the duty-free treatment accorded to 
                specified articles under the GSP when imported from 
                designated beneficiary developing countries.

                6. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)) subjects beneficiary developing 
                countries, except those designated as least-developed 
                beneficiary developing countries or beneficiary sub-
                Saharan African countries as provided in section 
                503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), 
                to competitive need limitations on the duty-free 
                treatment afforded to eligible articles under the GSP.

                7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I 
                have determined that in 2019 certain beneficiary 
                developing countries exported eligible articles in 
                quantities exceeding the applicable competitive need 
                limitations. I hereby terminate the duty-free treatment 
                for such articles from such beneficiary developing 
                countries.

                8. Pursuant to section 503(c)(1) of the 1974 Act, and 
                having considered the factors set forth in sections 501 
                and 502(c) of the 1974 Act, I have determined to 
                withdraw the application of the duty-free treatment 
                accorded to a certain article.

[[Page 70028]]

                9. Pursuant to sections 501 and 503(a)(1)(A) of the 
                1974 Act (19 U.S.C. 2461 and 2463(a)(1)(A)), the 
                President may, after receiving the advice of the United 
                States International Trade Commission (the 
                ``Commission''), designate certain articles as eligible 
                for preferential tariff treatment under the GSP when 
                they are imported from designated beneficiary 
                developing countries.

                10. Pursuant to sections 501 and 503(a)(1)(A) of the 
                1974 Act, and having received advice from the 
                Commission in accordance with section 503(e) of the 
                1974 Act (19 U.S.C. 2463(e)), I have determined to 
                designate a certain article as an eligible article when 
                it is imported from beneficiary developing countries.

                11. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(i)) provides that the President may 
                disregard the competitive need limitation provided in 
                section 503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)(i)(II)) with respect to any eligible 
                article from any beneficiary developing country if the 
                aggregate appraised value of the imports of any such 
                article into the United States during the preceding 
                calendar year does not exceed the amount set forth in 
                section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(ii)).

                12. Pursuant to section 503(c)(2)(F)(i) of the 1974 
                Act, I have determined that the competitive need 
                limitation provided in section 503(c)(2)(A)(i)(II) of 
                the 1974 Act should be disregarded with respect to 
                certain eligible articles from certain beneficiary 
                developing countries.

                13. The short-form name of ``Macedonia'' has changed to 
                ``North Macedonia,'' and I have determined that 
                additional U.S. note 6 to Chapter 20 of the Harmonized 
                Tariff Schedule of the United States (HTS) should be 
                modified to reflect this change.

                14. 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.

                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 section 
                604 of the 1974 Act, do hereby proclaim that:

                    (1) The duty-free treatment accorded under the GSP 
                to certain eligible articles that are the product of 
                Thailand is suspended, effective on December 30, 2020.
                    (2) In order to reflect in the HTS this suspension 
                of certain benefits under the GSP with respect to 
                Thailand, general note 4(d) and pertinent subheadings 
                of the HTS are modified as set forth in Annex I to this 
                proclamation.
                    (3) In order to provide that one or more countries 
                should no longer be treated as beneficiary developing 
                countries with respect to one or more eligible articles 
                for purposes of the GSP, the Rates of Duty 1-Special 
                subcolumn for the corresponding HTS subheadings and 
                general note 4(d) to the HTS are modified as set forth 
                in sections A, B, and C of Annex II to this 
                proclamation.
                    (4) In order to withdraw the application of duty-
                free treatment accorded to one eligible article for 
                purposes of the GSP, the Rates of Duty 1-Special 
                subcolumn for the corresponding HTS subheading is 
                modified as set forth in section D of Annex II to this 
                proclamation.
                    (5) In order to designate a certain article as an 
                eligible article when imported from a beneficiary 
                developing country for purposes of the GSP, the Rates 
                of Duty 1-Special column for the corresponding HTS 
                subheading is modified as set forth in section E of 
                Annex II to this proclamation.

[[Page 70029]]

                    (6) The competitive need limitation provided in 
                section 503(c)(2)(A)(i)(II) of the 1974 Act is 
                disregarded with respect to the eligible articles in 
                the HTS subheadings and to the beneficiary developing 
                countries set forth in Annex III to this proclamation.
                    (7) In order to reflect the change in the name of 
                Macedonia, U.S. note 6 to chapter 20 of the HTS is 
                modified by deleting ``Macedonia'' and inserting 
                ``North Macedonia'' in alphabetical order.
                    (8) The modifications to the HTS set forth in Annex 
                II and Annex III of this proclamation shall be 
                effective with respect to articles entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on November 1, 2020.
                    (9) 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 
                thirtieth day of October, in the year of our Lord two 
                thousand twenty, and of the Independence of the United 
                States of America the two hundred and forty-fifth.
                
                
                    (Presidential Sig.)

Billing code 3295-F2-P



[[Page 70030]]

[GRAPHIC] [TIFF OMITTED] TD04NO20.032


[[Page 70031]]




[GRAPHIC] [TIFF OMITTED] TD04NO20.033


[[Page 70032]]




[GRAPHIC] [TIFF OMITTED] TD04NO20.034


[[Page 70033]]




[GRAPHIC] [TIFF OMITTED] TD04NO20.035


[[Page 70034]]




[GRAPHIC] [TIFF OMITTED] TD04NO20.036


[[Page 70035]]




[GRAPHIC] [TIFF OMITTED] TD04NO20.037


[[Page 70036]]




[GRAPHIC] [TIFF OMITTED] TD04NO20.038


[[Page 70037]]




[GRAPHIC] [TIFF OMITTED] TD04NO20.039


[FR Doc. 2020-24589
Filed 11-3-20; 8:45 am]
Billing code 7020-02-C