[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Notices]
[Pages 80417-80446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31373]
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Vol. 78
Tuesday,
No. 251
December 31, 2013
Part V
The President
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Proclamation 9072--To Take Certain Actions Under the African Growth and
Opportunity Act and for Other Purposes
Presidential Documents
Federal Register / Vol. 78 , No. 251 / Tuesday, December 31, 2013 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Proclamation 9072 of December 23, 2013
To Take Certain Actions Under the African Growth
and Opportunity Act and for Other Purposes
By the President of the United States of America
A Proclamation
1. In Proclamation 8921 of December 20, 2012, I
determined that the Republic of Mali (Mali) was not
making continual progress in meeting the requirements
described in section 506A(a)(1) of the Trade Act of
1974, as amended (the ``1974 Act''), as added by
section 111(a) of the African Growth and Opportunity
Act (title I of Public Law 106-200) (AGOA). Thus,
pursuant to section 506A(a)(3) of the 1974 Act (19
U.S.C. 2466a(a)(3)), I terminated the designation of
Mali as a beneficiary sub-Saharan African country for
purposes of section 506A of the 1974 Act.
2. Section 506A(a)(1) of the 1974 Act authorizes the
President to designate a country listed in section 107
of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-
Saharan African country'' if the President determines
that the country meets the eligibility requirements set
forth in section 104 of the AGOA (19 U.S.C. 3703), as
well as the eligibility criteria set forth in section
502 of the 1974 Act (19 U.S.C. 2462).
3. Based on actions that the Government of Mali has
taken over the past year, pursuant to section
506A(a)(1) of the 1974 Act, I have determined that Mali
meets the eligibility requirements set forth in section
104 of the AGOA and section 502 of the 1974 Act, and I
have decided to designate Mali as a beneficiary sub-
Saharan African country.
4. 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 the United
States-Israel Free Trade Area Implementation Act of
1985 (the ``USIFTA Act'') (19 U.S.C. 2112 note).
5. Section 4(b) of the USIFTA 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.
6. 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 (the ``2004 Agreement'').
7. In Proclamation 7826 of October 4, 2004, consistent
with the 2004 Agreement, the President determined,
pursuant to section 4(b) of the USIFTA Act, that it was
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
December 31, 2008, for specified quantities of certain
agricultural products of Israel.
[[Page 80418]]
8. Each year from 2008 through 2012, 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.
9. To carry out the extension agreements, the President
in Proclamation 8334 of December 31, 2008; Proclamation
8467 of December 23, 2009; Proclamation 8618 of
December 21, 2010; Proclamation 8770 of December 29,
2011; and Proclamation 8921 of December 20, 2012,
modified the Harmonized Tariff Schedule of the United
States (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.
10. On November 26, 2013, the United States entered
into an agreement with Israel to extend the period that
the 2004 Agreement is in force through December 31,
2014, to allow for further negotiations on an agreement
to replace the 2004 Agreement.
11. Pursuant to section 4(b) of the USIFTA 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, 2014, for specified quantities of certain
agricultural products of Israel.
12. 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 the United States-Korea Free Trade
Agreement Implementation Act (the ``Implementation
Act'') (Public Law 112-41, 125 Stat. 428), incorporated
into the HTS the schedule of duty reductions and rules
of origin necessary or appropriate to carry out the
USKFTA.
13. In Presidential Proclamation 8771 of December 29,
2011, pursuant to the authority provided in section
1206(a) of the Omnibus Trade and Competitiveness Act of
1988 (19 U.S.C. 3006(a)), I modified the HTS to reflect
amendments to the International Convention on the
Harmonized Commodity Description and Coding System (the
``Convention'').
14. Section 202 of the Implementation Act provides
rules for determining whether goods imported into the
United States originate in the territory of a Party to
the USKFTA and thus are eligible for the tariff and
other treatment contemplated under the Agreement.
Section 202(o) of the Implementation Act authorizes the
President to proclaim, as part of the HTS, the rules of
origin set out in the USKFTA and to proclaim any
modifications to such previously proclaimed rules of
origin, subject to the exceptions stated in section
202(o)(2)(A) of the Implementation Act.
15. Because the USKFTA was negotiated under the 2002
HTS nomenclature, the United States and Korea agreed to
modify certain specific rules of origin in the USKFTA
to ensure that the tariff and certain other treatment
accorded under the Agreement to originating goods will
continue to be provided under the tariff categories
that were modified in Proclamation 8783.
16. In order to implement the agreed modifications to
the rules of origin in the USKFTA and ensure the
continuation of such staged reductions in rates of duty
for originating goods under tariff categories that have
been modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to ensure that the duty reductions previously
proclaimed are applied.
17. Section 212 of the Caribbean Basin Economic
Recovery Act (CBERA) (19 U.S.C. 2702), as amended by
the Caribbean Basin Trade Partnership Act (CBTPA)
(Public Law 106-200), authorizes the President to
designate certain countries, territories, or successor
political entities as beneficiary countries for the
purposes of the CBERA and CBTPA.
[[Page 80419]]
18. Section 211 of the CBTPA provides that certain
preferential tariff treatment may be provided to
eligible articles that are the product of any country
that the President designates as a ``CBTPA beneficiary
country'' pursuant to section 213(b)(5)(B) of the CBERA
(19 U.S.C. 2703(b)(5)(B)), provided that the President
determines that the country has satisfied the
requirements of section 213(b)(4)(A)(ii) (19 U.S.C.
2703(b)(4)(A)(ii)) relating to the implementation of
procedures and requirements similar to those in chapter
5 of the North American Free Trade Agreement (NAFTA).
19. In Proclamation 7351 of October 2, 2000, the
President authorized the United States Trade
Representative (USTR) to perform the functions
specified in section 213(b)(4)(A)(ii) of the CBERA and
certain functions under section 604 of the 1974 Act (19
U.S.C. 2483) for each beneficiary country designated in
that proclamation pursuant to section 213(b)(5)(B) of
the CBERA.
20. Cura[ccedil]ao is a successor political entity to
The Netherlands Antilles and has expressed its desire
to be designated as a beneficiary country under the
CBERA and CBTPA. As a successor political entity,
Cura[ccedil]ao was not included in Proclamation 7351.
21. Pursuant to section 212(b) and (c) and 213(b)(5)(B)
of the CBERA (19 U.S.C. 2702(b) and (c) and 19 U.S.C.
2703(b)(5)(B)), I have determined that Cura[ccedil]ao
meets the eligibility requirements set forth in those
sections. Accordingly, pursuant to section 212(b) and
213(b) of the CBERA, and after taking into account the
factors enumerated in section 212(b) and (c) of the
CBERA (19 U.S.C. 2702(b) and (c)), I have decided to
designate Cura[ccedil]ao as a beneficiary country for
purposes of the CBERA and CBTPA. In addition, pursuant
to section 212(a)(1)(A) of the CBERA, I am notifying
the Congress of my intention to designate
Cura[ccedil]ao as a beneficiary country under the CBERA
and CBTPA, and communicating the considerations
entering into my decision.
22. The preferential treatment extended pursuant to the
Andean Trade Preference Act (ATPA) (19 U.S.C. 3201-
3206, as amended) expired on July 31, 2013. As a
result, I have determined that certain modifications to
the HTS are required to reflect this status.
23. Presidential Proclamation 7746 of December 30,
2003, implemented the United States-Chile Free Trade
Agreement (USCFTA) with respect to the United States
and, pursuant to the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note),
incorporated in the HTS the schedule of duty reductions
and rules of origin necessary or appropriate to carry
out the USCFTA. Those modifications to the HTS were set
out in Publication 3652 of the U.S. International Trade
Commission, which was incorporated by reference into
Proclamation 7746.
24. Annex II of Publication 3652 contained a
typographical error that needs to be corrected. I have
determined that a modification to the HTS is necessary
to correct this typographical error and to provide the
intended tariff treatment.
25. 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
taken 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 301 of title 3, United States Code, title V and
section 604 of the 1974 Act, section 104 of the AGOA,
section 4 of the USIFTA Act, section 202 of the
Implementation Act, and sections 212 and 213 of the
CBERA, do proclaim that:
(1) Mali is designated as a beneficiary sub-Saharan
African country.
[[Page 80420]]
(2) In order to reflect this designation in the
HTS, general note 16(a) to the HTS is modified by
inserting in alphabetical sequence in the list of
beneficiary sub-Saharan African countries ``Republic of
Mali (Mali).''
(3) In order to implement U.S. tariff commitments
under the 2004 Agreement through December 31, 2014, the
HTS is modified as provided in Annex I to this
proclamation.
(4)(a) The modifications to the HTS set forth in
Annex I to this proclamation shall be effective with
respect to eligible agricultural products of Israel
that are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2014.
(b) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex I to this proclamation, shall continue in effect through
December 31, 2014.
(5) In order to reflect in the HTS the
modifications to the rules of origin under the USKFTA,
general note 33 to the HTS is modified as set forth in
Annex II to this proclamation.
(6) The modifications to the HTS set forth in Annex
II to this proclamation shall be effective with respect
to goods that are entered or withdrawn from warehouse
for consumption, on or after January 1, 2014.
(7) Cura[ccedil]ao is designated as an eligible
beneficiary country for the purposes of the CBERA and
CBTPA.
(8) In order to reflect Cura[ccedil]ao's
designation as a beneficiary country for the purposes
of the CBERA, general note 7(a) to the HTS is modified
by inserting in alphabetical sequence
``Cura[ccedil]ao.''
(9) In order to implement Cura[ccedil]ao's
designation as a CBTPA beneficiary country, the USTR is
authorized to determine whether Cura[ccedil]ao has
satisfied the requirements of section 213(b)(4)(A)(ii)
of the CBERA relating to the implementation of
procedures and requirements similar in all material
respects to those in chapter 5 of the NAFTA. To
implement such determination, the USTR is authorized to
exercise the authority provided to the President under
section 604 of the 1974 Act to embody modifications and
technical and conforming changes in the HTS. The
determination of the USTR under this paragraph shall be
set forth in a notice that the USTR shall cause to be
published in the Federal Register. Such notice shall
modify general note 17 of the HTS by including
Cura[ccedil]ao in the list of CBTPA beneficiary
countries.
(10) In order to reflect the expiration of the
ATPA, the HTS is modified as set forth in Annex III to
this proclamation.
(11) The modifications to the HTS set forth in
Annex III to this proclamation shall be effective with
respect to goods that are entered, or withdrawn from
warehouse for consumption, on or after July 31, 2013.
(12) In order to provide the intended tariff
treatment to goods of Chile under the terms of general
note 26, the HTS is modified as set forth in Annex IV
to this proclamation.
(13) The modifications to the HTS set forth in
Annex IV to this proclamation shall be effective with
respect to goods that are entered or withdrawn from
warehouse for consumption, on or after January 1, 2004.
(14) 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-third day of December, in the year of our
Lord two thousand thirteen, and of the Independence of
the United States of America the two hundred and
thirty-eighth.
(Presidential Sig.)
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[FR Doc. 2013-31373
Filed 12-30-13; 8:45 am]
Billing code 7020-02-C