[Federal Register Volume 76, Number 213 (Thursday, November 3, 2011)]
[Presidential Documents]
[Pages 68273-68293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-28727]
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Vol. 76
Thursday,
No. 213
November 3, 2011
Part III
The President
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Proclamation 8742--To Modify the Harmonized Tariff Schedule of the
United States
Executive Order 13588--Reducing Prescription Drug Shortages
Presidential Documents
Federal Register / Vol. 76 , No. 213 / Thursday, November 3, 2011 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Proclamation 8742 of October 31, 2011
To Modify the Harmonized Tariff Schedule of the
United States
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'') (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.
Among those purposes are to promote the uniform
application of the International Convention on the
Harmonized Commodity Description and Coding System (the
``Convention'') and to alleviate unnecessary
administrative burdens.
2. The Commission conducted an investigation pursuant
to section 1205 of the 1988 Act (Investigation No.
1205-8) in response to a request from the Department of
the Treasury regarding certain footwear featuring outer
soles of rubber or plastic to which a layer of textile
material has been added. The request stated that
changes to the HTS would promote the uniform
application of the Convention as well as alleviate
unnecessary administrative burdens.
3. On August 9, 2010, the Commission issued a report in
Investigation No. 1205-8, recommending certain changes
to the HTS. The report and layover requirements of
section 1206(b) of the 1988 Act (19 U.S.C. 3006(b))
were satisfied as of March 30, 2011.
4. On November 8, 2010, the United States Trade
Representative (the ``USTR'') requested that the
Commission make further recommendations consistent with
section 1205(d) of the 1988 Act concerning particular
provisions of the HTS that the Commission had
recommended in its August report be replaced by new
tariff lines. The USTR also asked the Commission to
consider whether, in response to requests made by
interested parties in the course of the original
investigation, additional tariff lines should be
inserted in the HTS.
5. On February 18, 2011, the Commission issued an
addendum to its report, recommending additional
modifications to the HTS. The report and layover
requirements of section 1206(b) were satisfied as of
June 30, 2011.
6. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a))
authorizes the President to proclaim modifications to
the HTS based on recommendations made by the Commission
pursuant to section 1205 of the 1988 Act, if he
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 set forth in Annex I to this
proclamation are in conformity with United States
obligations under the Convention and do not run counter
to the national economic interest of the United States.
7. On June 6, 2003, the United States and Chile entered
into the United States-Chile Free Trade Agreement
(USCFTA). The Congress approved the
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USCFTA in section 101(a) of the United States-Chile
Free Trade Agreement Implementation Act (the ``USCFTA
Act'') (19 U.S.C. 3805 note). Presidential Proclamation
7746 of December 30, 2003, implemented the USCFTA with
respect to the United States, and incorporated in the
HTS the tariff modifications and rules of origin
necessary or appropriate to carry out the USCFTA.
8. Section 202 of the USCFTA Act provides rules for
determining whether goods imported into the United
States originate in the territory of a USCFTA Party and
thus are eligible for the tariff and other treatment
contemplated under the USCFTA. Section 202(o)(2)(A)
authorizes the President to proclaim, subject to the
consultation and layover requirements of section 103(a)
of the USCFTA Act, modifications to such previously
proclaimed rules of origin.
9. The United States and Chile have agreed to modify
certain rules of origin and to add certain other rules
of origin in the USCFTA. I have determined that further
modification of the USCFTA rules of origin set forth in
Proclamation 7746, and subsequently modified, is
therefore necessary.
10. The consultation and layover requirements of
section 103(a) of the USCFTA Act were satisfied as of
July 10, 2010.
11. On April 15, 1994, the United States entered into
trade agreements resulting from the Uruguay Round of
multilateral trade negotiations (the ``Uruguay Round
Agreements''). In section 101(a) of the Uruguay Round
Agreements Act (the ``URAA'') (19 U.S.C. 3511(a)), the
Congress approved the Uruguay Round Agreements listed
in section 101(d) of that Act, including the Agreement
on Agriculture in section 101(d)(2). To implement
section 4.2 of the Agreement on Agriculture, section
401(b)(2) of the URAA amended section 103B of the
Agricultural Act of 1949 (7 U.S.C. 1444-2) by
converting the special import quotas on cotton provided
for under section 103B to tariff-rate quotas.
12. Proclamation 6301 of June 7, 1991, and Proclamation
6948 of October 29, 1996, modified U.S. note 6 to
subchapter III of chapter 99 of the HTS and created
tariff lines in the HTS for reporting entries under a
special import quota for upland cotton. Note 6 sets out
the conditions under which a special import quota for
upland cotton takes effect.
13. Section 1207(a)(2)(B) of the Food Conservation and
Energy Act of 2008 (7 U.S.C. 8737(a)(2)(B)) changed the
conditions under which a special import quota for
upland cotton takes effect. U.S. note 6 to subchapter
III of chapter 99 needs to be modified to reflect those
changes.
14. Section 604 of the Trade Act of 1974, as amended
(the ``Trade 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 the removal, modification, continuance, or
imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, BARACK OBAMA, President of the
United States of America, by virtue of the authority
vested in me by the Constitution and the laws of the
United States of America, including but not limited to
section 1206 of the 1988 Act, section 202 of the USCFTA
Act, and section 604 of the Trade Act, do proclaim
that:
(1) In order to modify the HTS to promote the
uniform application of the Convention and to alleviate
unnecessary administrative burdens, the HTS is modified
as set forth in Annex I to this proclamation.
(2) The modifications to the HTS set forth in Annex
I to this proclamation shall be effective with respect
to goods that are entered, or withdrawn from warehouse
for consumption, on or after the later of September 1,
2011, or the thirtieth day after publication of this
proclamation in the Federal Register.
(3) In order to modify the rules of origin under
the USCFTA, general note 26 to the HTS is modified as
provided in Annex II to this proclamation.
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(4) The modifications made by Annex II to this
proclamation shall be effective with respect to goods
of Chile under the terms of general note 26 to the HTS
that are entered, or withdrawn from warehouse for
consumption, on or after November 1, 2011.
(5) In order to reflect the modified requirements
under which a special import quota for upland cotton
takes effect, the HTS is modified as set forth in Annex
III to this proclamation.
(6) The modifications made by Annex III to this
proclamation, shall be effective with respect to goods
entered, or withdrawn from warehouse for consumption,
on or after June 18, 2008.
(7) 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
thirty-first day of October, in the year of our Lord
two thousand eleven, and of the Independence of the
United States of America the two hundred and thirty-
sixth.
(Presidential Sig.)
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[FR Doc. 2011-28727
Filed 11-2-11; 11:15 am]
Billing code 7020-02-C