To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes, 73593-73599 [2021-28334]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Presidential Documents]
[Pages 73593-73599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28334]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 246 / Tuesday, December 28, 2021 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 73593]]

                Proclamation 10326 of December 23, 2021

                
To Modify the Harmonized Tariff Schedule of the 
                United States and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. Section 1205(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (Public 
                Law 100-418, 102 Stat. 1107, 1150 (19 U.S.C. 3005(a))) 
                directs the United States International Trade 
                Commission (the ``Commission'') to keep the Harmonized 
                Tariff Schedule of the United States (HTS) under 
                continuous review and periodically to recommend to the 
                President such modifications to the HTS as the 
                Commission considers necessary or appropriate to 
                accomplish the purposes set forth in that subsection. 
                Pursuant to sections 1205(c) and (d) of the 1988 Act 
                (19 U.S.C. 3005(c) and (d)), the Commission has 
                recommended modifications to the HTS to conform the HTS 
                to amendments made to the International Convention on 
                the Harmonized Commodity Description and Coding System 
                and the Protocol thereto (the ``Convention'') and to 
                promote uniform application of the Convention.

                2. Section 1206(a) of 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, if the President 
                determines that the modifications are in conformity 
                with United States obligations under the Convention and 
                do not run counter to the national economic interest of 
                the United States. I have determined that the 
                modifications to the HTS proclaimed in this 
                proclamation pursuant to section 1206(a) of the 1988 
                Act are in conformity with United States obligations 
                under the Convention and do not run counter to the 
                national economic interest of the United States.

                3. Presidential Proclamation 6763 of December 23, 1994, 
                implemented, with respect to the United States, the 
                trade agreements resulting from the Uruguay Round of 
                multilateral trade negotiations, including Schedule XX-
                United States of America, annexed to the Marrakesh 
                Protocol to the General Agreement on Tariffs and Trade 
                1994 (Schedule XX), that were entered into pursuant to 
                sections 1102(a) and (e) of the 1988 Act (19 U.S.C. 
                2902(a) and (e)), and approved in section 101(a) of the 
                Uruguay Round Agreements Act (the ``URAA'') (Public Law 
                103-465, 108 Stat. 4809, 4814 (19 U.S.C. 3511(a))).

                4. Pursuant to the authority provided in section 111 of 
                the URAA (19 U.S.C. 3521) and sections 1102(a) and (e) 
                of the 1988 Act (19 U.S.C. 2902(a) and (e)), 
                Proclamation 6763 included the staged reductions in 
                rates of duty that the President determined to be 
                necessary or appropriate to carry out the terms of 
                Schedule XX. In order to ensure the continuation of 
                such rates of duty for imported goods under tariff 
                categories that are being modified to reflect the 
                amendments to the Convention, I have determined that 
                additional modifications to the HTS are necessary or 
                appropriate to carry out the duty reductions previously 
                proclaimed, including certain technical or conforming 
                changes within the tariff schedule.

                5. Presidential Proclamations 7987 of February 28, 
                2006; 7991 of March 24, 2006; 7996 of March 31, 2006; 
                8034 of June 30, 2006; 8111 of February 28, 2007; 8331 
                of December 23, 2008; and 8536 of June 12, 2010, 
                implemented

[[Page 73594]]

                the Dominican Republic-Central America-United States 
                Free Trade Agreement (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 
                Implementation Act'') (Public Law 109-53, 119 Stat. 
                462, 467 (19 U.S.C. 4031)), the staged reductions in 
                rates of 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 the United States duty 
                reductions with respect to originating goods), 3.27, 
                and 3.28 of the CAFTA-DR. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                6. Presidential Proclamation 8341 of January 16, 2009, 
                implemented the United States-Peru Trade Promotion 
                Agreement (USPTPA) with respect to the United States 
                and, pursuant to section 201 of the United States-Peru 
                Trade Promotion Agreement Implementation Act (the 
                ``USPTPA Implementation Act'') (Public Law 110-138, 121 
                Stat. 1455, 1459-1460 (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 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the 
                USPTPA. In order to ensure the continuation of such 
                staged reductions in rates of duty for originating 
                goods under tariff categories that are being modified 
                to reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                7. Presidential Proclamation 8783 of March 6, 2012, 
                implemented the United States-Korea Free Trade 
                Agreement (USKFTA) with respect to the United States 
                and, pursuant to section 201 of the United States-Korea 
                Free Trade Agreement Implementation Act (the ``USKFTA 
                Implementation Act'') (Public Law 112-41, 125 Stat. 
                428, 432-433 (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 
                2.3, 2.5, 2.6, and the schedule of duty reductions with 
                respect to Korea set forth in Annex 2-B, Annex 4-B, and 
                Annex 22-A of the USKFTA. Presidential Proclamation 
                9834 of December 21, 2018, modified the staging of duty 
                treatment for specific goods of Korea, pursuant to 
                section 201(b) of the USKFTA Act, in order to maintain 
                the general level of reciprocal and mutually 
                advantageous concessions with respect to Korea provided 
                for by the USKFTA and to carry out an agreement with 
                Korea modifying the staging of duty treatment for those 
                goods. In order to ensure the continuation of such 
                staged reductions in rates of duty for originating 
                goods under tariff categories that are being modified 
                to reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed.

                8. Presidential Proclamation 8818 of May 14, 2012, 
                implemented the United States-Colombia Trade Promotion 
                Agreement (USCTPA) with respect to the United States 
                and, pursuant to section 201 of the United States-
                Colombia Trade Promotion Agreement Implementation Act 
                (the ``USCTPA Implementation Act'') (Public Law 112-42, 
                125 Stat. 462, 466-67 (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 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the 
                USCTPA. In order to ensure the continuation of such 
                staged reductions in rates of duty for originating 
                goods under tariff categories that are being modified 
                to reflect the amendments to the Convention, I have 
                determined that additional modifications to the HTS are 
                necessary or appropriate to carry out the duty 
                reductions previously proclaimed. I have also 
                determined that a technical correction to general note 
                34(o) to the HTS is necessary to provide for the 
                intended tariff treatment accorded under the USCTPA to 
                originating goods of Colombia.

[[Page 73595]]

                9. Presidential Proclamation 8894 of October 29, 2012, 
                implemented the United States-Panama Trade Promotion 
                Agreement (PTPA) with respect to the United States and, 
                pursuant to section 201 of the United States-Panama 
                Trade Promotion Agreement Implementation Act (the 
                ``PTPA Implementation Act'') (Public Law 112-43, 125 
                Stat. 497, 501-502 (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 PTPA. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                10. Presidential Proclamation 10053 of June 29, 2020, 
                implemented the Agreement between the United States of 
                America, the United Mexican States, and Canada (USMCA) 
                with respect to the United States and, pursuant to 
                section 103(c)(1) of the United States-Mexico-Canada 
                Agreement Implementation Act (the ``USMCA 
                Implementation Act'') (Public Law 116-113, 134 Stat. 
                11, 16 (19 U.S.C. 4513(c)(1))), it provided for the 
                continuation of duty-free or excise treatment and 
                staged reductions in duties as the President determined 
                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. In order to ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that are 
                being modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to carry out the duty reductions previously proclaimed.

                11. The United States Trade Representative, in a 
                Federal Register notice of August 23, 2017 (82 FR 
                40213), announced the initiation of an investigation 
                into certain acts, policies, and practices of China 
                related to technology transfer, intellectual property, 
                and innovation, pursuant to section 301 of the Trade 
                Act of 1974 (the ``Trade Act'') (Public Law 93-618, 88 
                Stat. 1978, 2041 (19 U.S.C 2411)). The United States 
                Trade Representative announced in a Federal Register 
                notice of April 6, 2018 (83 FR 14906), the 
                determination that China's acts, policies, and 
                practices related to technology transfer, intellectual 
                property, and innovation are actionable under section 
                301(b) of the Trade Act (19 U.S.C. 2411(b)). The United 
                States Trade Representative announced the 
                determinations, pursuant to sections 301(b), 301(c), 
                and 304(a) of the Trade Act (19 U.S.C. 2411(b), 
                2411(c), and 2414(a)), that appropriate and feasible 
                action in this investigation includes the imposition of 
                an additional ad valorem duty on products of China in 
                Federal Register notices of June 20, 2018 (83 FR 
                28711), and August 16, 2018 (83 FR 40823). The United 
                States Trade Representative announced the 
                determinations, pursuant to section 307(a)(1) of the 
                Trade Act (19 U.S.C. 2417(a)(1)), to modify the prior 
                action in this investigation by imposing additional 
                duties on products of China, in a Federal Register 
                notice of September 21, 2018 (83 FR 47974, as modified 
                by notices of September 28, 2018 (83 FR 49153), May 9, 
                2019 (84 FR 20459), and June 10, 2019 (84 FR 26930), 
                and in a Federal Register notice of August 20, 2019 (84 
                FR 43304, as modified by notices of August 30, 2019 (84 
                FR 45821), and January 22, 2020 (85 FR 3741)). In order 
                to ensure the maintenance of such duty rates for goods 
                under tariff categories that are being modified to 
                reflect the amendments to the Convention, I have 
                determined that additional conforming modifications to 
                the HTS are necessary.

                12. On April 22, 1985, the United States and Israel 
                entered into the Agreement on the Establishment of a 
                Free Trade Area between the Government of the United 
                States of America and the Government of Israel 
                (USIFTA), which the Congress approved in section 3 of 
                the United States-Israel Free Trade Area Implementation 
                Act of 1985 (the ``USIFTA Implementation Act'') (Public 
                Law 99-47, 99 Stat. 82 (19 U.S.C. 2112 note)). Section 
                4(b) of the USIFTA

[[Page 73596]]

                Implementation 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. 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 (United States-Israel Agreement 
                Concerning Certain Aspects of Trade in Agricultural 
                Products (the ``2004 Agreement'')).

                13. In Presidential Proclamation 7826 of October 4, 
                2004, the President determined, pursuant to section 
                4(b) of the USIFTA Implementation Act and consistent 
                with the 2004 Agreement, 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. Each year from 2008 through 2020, the United 
                States and Israel entered into agreements to extend the 
                period that the 2004 Agreement was in force for 1-year 
                periods to allow additional time for the two 
                governments to conclude an agreement to replace the 
                2004 Agreement. To carry out the extension agreements, 
                the President in Proclamation 8334 of December 31, 
                2008; 8467 of December 23, 2009; 8618 of December 21, 
                2010; 8770 of December 29, 2011; 8921 of December 20, 
                2012; 9072 of December 23, 2013; 9223 of December 23, 
                2014; 9383 of December 21, 2015; 9555 of December 15, 
                2016; 9687 of December 22, 2017; 9834 of December 21, 
                2018; 9974 of December 26, 2019; and 10128 of December 
                22, 2020; 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. On November 22, 2021, the 
                United States entered into an agreement with Israel to 
                extend the period that the 2004 Agreement is in force 
                through December 31, 2022, and to allow for further 
                negotiations on an agreement to replace the 2004 
                Agreement. Pursuant to section 4(b) of the USIFTA 
                Implementation 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, 2022, for specified 
                quantities of certain agricultural products of Israel.

                14. Presidential Proclamation 7747 of December 30, 
                2003, implemented the United States-Singapore Free 
                Trade Agreement (USSFTA) with respect to the United 
                States and, pursuant to section 201 of the United 
                States-Singapore Free Trade Agreement Implementation 
                Act (the ``USSFTA Implementation Act'') (Public Law 
                108-78, 117 Stat. 948, 952 (19 U.S.C. 3805 note)), 
                incorporated in the HTS the tariff modifications and 
                rules of origin necessary or appropriate to carry out 
                the USSFTA. A technical error was made in the 
                modifications to general note 25 to the HTS. I have 
                determined that a technical correction to general note 
                25 to the HTS is necessary to provide for the intended 
                tariff treatment accorded under the USSFTA to 
                originating goods of Singapore.

                15. In Presidential Proclamation 7350 of October 2, 
                2000, the President designated Ethiopia, the Republic 
                of Guinea (Guinea), and the Republic of Mali (Mali) as 
                beneficiary sub-Saharan African countries for purposes 
                of section 506A(a)(1) of the Trade Act, as added by 
                section 111(a) of the African Growth and Opportunity 
                Act (the ``AGOA'') (title I of Public Law 106-200, 114 
                Stat. 251, 257-58 (19 U.S.C. 2466a(a)(1))).

                16. Section 506A(a)(3) of the Trade Act (19 U.S.C. 
                2466a(a)(3)) provides that the President shall 
                terminate the designation of a country as a beneficiary

[[Page 73597]]

                sub-Saharan African country for purposes of section 
                506A if the President determines that the country is 
                not making continual progress in meeting the 
                requirements described in section 506A(a)(1) of the 
                Trade Act.

                17. Pursuant to section 506A(a)(3) of the Trade Act, I 
                have determined that Ethiopia, Guinea, and Mali do not 
                meet the requirements described in section 506A(a)(1) 
                of that Act. Accordingly, I have decided to terminate 
                the designation of Ethiopia, Guinea, and Mali as 
                beneficiary sub-Saharan African countries for purposes 
                of section 506A of the Trade Act, effective January 1, 
                2022.

                18. Section 604 of the Trade Act, as amended (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 taken thereunder, including the removal, 
                modification, continuance, or imposition of any rate of 
                duty or other import restriction. Section 1206(c) of 
                the 1988 Act, as amended (19 U.S.C. 3006(c)), provides 
                that any modifications proclaimed by the President 
                under section 1206(a) of that Act 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, JOSEPH R. BIDEN JR., 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 sections 1102, 1205, and 1206 of the 1988 
                Act, section 111 of the URAA, section 201 of the CAFTA-
                DR Implementation Act, section 201 of the USPTPA 
                Implementation Act, section 201 of the USKFTA 
                Implementation Act, section 201 of the USCTPA 
                Implementation Act, section 201 of the PTPA 
                Implementation Act, section 201 of the USSFTA 
                Implementation Act, section 103(c) of the USMCA 
                Implementation Act, section 301 of the Trade Act, 
                section 4(b) of the USIFTA Implementation Act, section 
                111(a) of the AGOA, and sections 506A(a)(1), 
                506A(a)(3), and 604 of the Trade Act, as amended, do 
                proclaim that:

                    (1) In order to modify the HTS to conform it to the 
                Convention or any amendment thereto recommended for 
                adoption, to promote the uniform application of the 
                Convention, to establish additional subordinate tariff 
                categories, to make technical and conforming changes to 
                existing provisions, and to maintain the duty treatment 
                with respect to actions pursuant to section 301 of the 
                Trade Act, the HTS is modified as set forth in Annexes 
                I, II.A, and II.B of Publication 5240 of the United 
                States International Trade Commission, entitled, 
                ``Modifications to the Harmonized Tariff Schedule of 
                the United States under Section 1206 of the Omnibus 
                Trade and Competitiveness Act of 1988 and for Other 
                Purposes'' (Publication 5240). Publication 5240 is 
                incorporated by reference into this proclamation.
                    (2) In order to make a technical correction 
                necessary to provide for the intended tariff treatment 
                accorded under the USCTPA to originating goods under 
                the USCTPA, the HTS is modified as set forth in Annex 
                II.C of Publication 5240.
                    (3) In order to make a technical correction 
                necessary to provide for the intended tariff treatment 
                accorded under the USSFTA to originating goods under 
                the USSFTA, the HTS is modified as set forth in Annex 
                II.D of Publication 5240.
                    (4) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of parties to the CAFTA-DR under the CAFTA-DR that are 
                classifiable in the provisions modified by the 
                amendments to the HTS to conform it to the Convention, 
                the HTS is modified as set forth in Annex III of 
                Publication 5240.
                    (5) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Peru under the USPTPA that are classifiable in the 
                provisions

[[Page 73598]]

                modified by the amendments to the HTS to conform it to 
                the Convention, the HTS is modified as set forth in 
                Annex IV of Publication 5240.
                    (6) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Korea under the USKFTA that are classifiable in the 
                provisions modified by the amendments to the HTS to 
                conform it to the Convention, the HTS is modified as 
                set forth in Annex V of Publication 5240.
                    (7) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Colombia under the USCTPA that are classifiable in 
                the provisions modified by the amendments to the HTS to 
                conform it to the Convention, the HTS is modified as 
                set forth in Annex VI of Publication 5240.
                    (8) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Panama under the PTPA that are classifiable in the 
                provisions modified by the amendments to the HTS to 
                conform it to the Convention, the HTS is modified as 
                set forth in Annex VII of Publication 5240.
                    (9) In order to provide for the continuation of 
                previously proclaimed staged duty reductions in the 
                Rates of Duty 1-Special subcolumn for originating goods 
                of Canada and Mexico under the USMCA that are 
                classifiable in the provisions modified by the 
                amendments to the HTS to conform it to the Convention, 
                the HTS is modified as set forth in Annex VIII of 
                Publication 5240.
                    (10) In order to implement tariff commitments under 
                the 2004 Agreement through December 31, 2022, the HTS 
                is modified as set forth in Annex IX of Publication 
                5240.
                    (11) The modifications and technical rectifications 
                to the HTS made by paragraphs (1) through (10) of this 
                proclamation shall enter into effect on the applicable 
                dates set forth in Annexes I through IX of Publication 
                5240.
                    (12) The designation of Ethiopia, Guinea, and Mali 
                as beneficiary sub-Saharan African countries for 
                purposes of section 506A of the Trade Act is 
                terminated, effective January 1, 2022.
                    (13) In order to reflect in the HTS that beginning 
                January 1, 2022, Ethiopia, Guinea, and Mali shall no 
                longer be designated as beneficiary sub-Saharan African 
                countries, general note 16(a) to the HTS is modified by 
                deleting ``Ethiopia'', ``Republic of Guinea'', and 
                ``Republic of Mali (Mali)'' from the list of 
                beneficiary sub-Saharan African countries. Note 7(a) to 
                subchapter II and note 1 to subchapter XIX of chapter 
                98 of the HTS are each modified by deleting 
                ``Ethiopia,'', ``Guinea,'', and ``Mali,'' from the list 
                of beneficiary countries. Further, note 2(d) to 
                subchapter XIX of chapter 98 of the HTS is modified by 
                deleting ``Ethiopia;'', ``Guinea;'', and ``Republic of 
                Mali;'' from the list of lesser developed beneficiary 
                sub-Saharan African countries.
                    (14) The modifications to the HTS set forth in 
                paragraph (13) of this proclamation shall be effective 
                with respect to goods entered for consumption, or 
                withdrawn from warehouse for consumption, on or after 
                January 1, 2022.
                    (15) 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 73599]]

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

[FR Doc. 2021-28334
Filed 12-27-21; 8:45 am]
Billing code 3395-F2-P