[Federal Register Volume 77, Number 249 (Friday, December 28, 2012)]
[Presidential Documents]
[Pages 76799-76807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-31360]
Presidential Documents
Federal Register / Vol. 77 , No. 249 / Friday, December 28, 2012 /
Presidential Documents
[[Page 76799]]
Proclamation 8921 of December 20, 2012
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. Section 506A(a)(1) of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), as
added by section 111(a) of the African Growth and
Opportunity Act (title I of Public Law 106-200) (AGOA),
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).
2. Section 104 of the AGOA authorizes the President to
designate a country listed in section 107 of the AGOA
as an ``eligible sub-Saharan African country'' if the
President determines that the country meets certain
eligibility requirements.
3. Pursuant to section 104 of the AGOA and section
506A(a)(1) of the 1974 Act, I have determined that the
Republic of South Sudan meets the eligibility
requirements set forth or referenced therein, and I
have decided to designate the Republic of South Sudan
an eligible sub-Saharan African country and as a
beneficiary sub-Saharan African country.
4. Section 506A(a)(3) of the 1974 Act (19 U.S.C.
2466a(a)(3)) authorizes the President to terminate the
designation of a country as a beneficiary sub-Saharan
African country for purposes of section 506A if he
determines that the country is not making continual
progress in meeting the requirements described in
section 506A(a)(1) of the 1974 Act.
5. Pursuant to section 506A(a)(3) of the 1974 Act, I
have determined that the Republic of Mali and the
Republic of Guinea-Bissau are not making continual
progress in meeting the requirements described in
section 506A(a)(1) of the 1974 Act. Accordingly, I have
decided to terminate the designations of the Republic
of Mali and the Republic of Guinea-Bissau as
beneficiary sub-Saharan African countries for purposes
of section 506A of the 1974 Act, effective on January
1, 2013.
6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e))
provides that the President shall terminate the
designation of a country as a beneficiary developing
country for purposes of the Generalized System of
Preferences (GSP) if the President determines that such
country has become a ``high-income'' country as defined
by the official statistics of the International Bank
for Reconstruction and Development. Termination is
effective on January 1 of the second year following the
year in which such determination is made.
7. Pursuant to section 502(e) of the 1974 Act, I have
determined that the Federation of Saint Kitts and Nevis
has become a ``high-income'' country. I am terminating
the designation of that country as a beneficiary
developing country for purposes of the GSP, effective
January 1, 2014, and I will so notify the Congress.
8. 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
[[Page 76800]]
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).
9. 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.
10. 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'').
11. 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.
12. In 2008, 2009, 2010, and 2011, 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.
13. 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; and Proclamation 8770 of
December 29, 2011, 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.
14. On November 19, 2012, the United States entered
into an agreement with Israel to extend the period that
the 2004 Agreement is in force through December 31,
2013, to allow for further negotiations on an agreement
to replace the 2004 Agreement.
15. 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, 2013, for specified quantities of certain
agricultural products of Israel.
16. 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 (the ``1988 Act'') (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'').
17. 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 (the ``USCFTA 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.
18. In order to ensure the continuation of such staged
reductions in rates of duty for originating goods of
Chile in tariff categories that were modified to
reflect amendments to the Convention, Presidential
Proclamation 8771
[[Page 76801]]
made modifications to the HTS that I determined were
necessary or appropriate to carry out the duty
reductions proclaimed in Proclamation 7746.
19. Chile is a party to the Convention. Because the
substance of the changes to the Convention are
reflected in slightly differing form in its national
tariff schedule, the rules of origin set out in the
USCFTA must be changed to ensure that the tariff and
certain other treatment accorded under the USCFTA to
originating goods will continue to be provided under
the tariff categories that were modified in
Proclamation 8771. The United States and Chile have
agreed to make these changes to certain rules of origin
set out in the USCFTA.
20. 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) of the
USCFTA Act authorizes the President to proclaim, as
part of the HTS, the rules of origin set out in the
USCFTA and to proclaim any modifications to such
previously proclaimed rules of origin, subject to the
exceptions stated in section 202(o)(2)(A).
21. Presidential Proclamation 8840 of June 29, 2012,
modified the HTS to reflect changes to duty-free
treatment under the GSP. Annex I to that proclamation
included an error in the list of subheading numbers to
be added at general note 4(d) to the HTS, and I have
determined that a modification to the HTS is necessary
to correct that technical error.
22. Presidential Proclamation 8894 of October 29, 2012,
pursuant to the authority provided under section
202(o)(2)(B)(ii) of the United States-Korea Free Trade
Agreement Implementation Act, modified the HTS, through
section E of Annex III of Publication 4349 of the
United States International Trade Commission (the
``Commission''), to correct a clerical error regarding
a provision of chapter 61 (as included in Annex 4-A of
the United States-Korea Free Trade Agreement).
23. Section E of Annex III of Publication 4349
contained a typographical error within the correction
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.
24. Presidential Proclamation 8894 of October 29, 2012,
modified the HTS as provided in Annex II of Publication
4349 of the Commission to implement the initial stage
of duty elimination provided for in the United States-
Panama Trade Promotion Agreement and to provide for
further staged reductions in duties for originating
goods of Panama. The proclamation erroneously referred
to ``originating goods of Colombia'' and should instead
refer to ``originating goods of Panama.''
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
title V and section 604 of the 1974 Act, section 104 of
the AGOA, section 4 of the USIFTA Act, and section 202
of the USCFTA Act do proclaim that:
(1) The Republic of South Sudan is designated as an eligible sub-Saharan
African country and as a beneficiary sub-Saharan African country.
(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 South Sudan.''
[[Page 76802]]
(3) The designations of the Republic of Mali and the Republic of Guinea-
Bissau as beneficiary sub-Saharan African countries for purposes of section
506A of the 1974 Act are terminated, effective on January 1, 2013.
(4) In order to reflect in the HTS that beginning on January 1, 2013, the
Republic of Mali and the Republic of Guinea-Bissau shall no longer be
designated as beneficiary sub-Saharan African countries, general note 16(a)
to the HTS is modified by deleting ``Republic of Mali'' and ``Republic of
Guinea-Bissau'' from the list of beneficiary sub-Saharan African countries.
Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified
by deleting ``Republic of Guinea-Bissau'' and ``Republic of Mali'' from the
list of lesser developed beneficiary sub-Saharan African countries.
(5) The designation of the Federation of Saint Kitts and Nevis as a
beneficiary developing country for purposes of the GSP is terminated,
effective on January 1, 2014.
(6) In order to reflect this termination in the HTS, general note 4(a) to
the HTS is modified by deleting ``St. Kitts and Nevis'' from the list of
independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2014.
(7) In order to implement U.S. tariff commitments under the 2004 Agreement
through December 31, 2013, the HTS is modified as provided in Annex I to
this proclamation.
(8)(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, 2013.
(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, 2013.
(9) In order to reflect in the HTS the modifications to the rules of origin
under the USCFTA, general note 26 to the HTS is modified as provided in
Annex II to this proclamation.
(10) In order to correct a technical error in the list of subheading
numbers at general note 4(d) to the HTS, the HTS is modified as set forth
in section A of Annex III to this proclamation.
(11) In order to provide the intended tariff treatment to goods of Korea
under the terms of general note 33, the HTS is modified as set forth in
section B of Annex III to this proclamation.
(12) Paragraph (3) of Presidential Proclamation 8894 is amended to correct
an inadvertent error by replacing ``Colombia'' with ``Panama.''
(13) 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 76803]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twentieth day of December, in the year of our Lord two
thousand twelve, and of the Independence of the United
States of America the two hundred and thirty-seventh.
(Presidential Sig.)
Billing code 3195-W9-P
[[Page 76804]]
[GRAPHIC] [TIFF OMITTED] TD28DE12.011
[[Page 76805]]
[GRAPHIC] [TIFF OMITTED] TD28DE12.012
[[Page 76806]]
[GRAPHIC] [TIFF OMITTED] TD28DE12.013
[[Page 76807]]
[GRAPHIC] [TIFF OMITTED] TD28DE12.014
[GRAPHIC] [TIFF OMITTED] TD28DE12.015
[FR Doc. 2012-31360
Filed 12-26-12; 11:15 a.m.]
Billing code 7020-02-C