[United States Statutes at Large, Volume 125, 112th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 8771 of December 29, 2011

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'') (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. The Commission has
recommended modifications to the HTS pursuant to sections 1205(c) and
(d) of the 1988 Act (19 U.S.C. 3005(c) and (d)) to conform the HTS to
amendments made to the International Convention on the Harmonized
Commodity Description and Coding System (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
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 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 (URAA) (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, 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 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 Act'')
(19 U.S.C. 3805 note), the staged reductions in rates of duty that the
President determined to be necessary or appropriate

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to carry out or apply articles 2.2, 2.5, 2.6, and 2.12 of the USSFTA and
the schedule of reductions with respect to the Republic of Singapore set
forth in Annex 2B of the USSFTA. 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 7746 of December 30, 2003, implemented the
United States-Chile Free Trade Agreement (USCFTA) with respect to the
United States and, pursuant to section 201 of the United States-Chile
Free Trade Agreement Implementation Act (the ``CFTA Act'') (19 U.S.C.
3805 note), the staged reductions in rates of duty that the President
determined to be necessary or appropriate to carry out or apply articles
3.3 (including the schedule of United States duty reductions with
respect to originating goods set forth in Annex 3.3 to the USCFTA), 3.7,
3.9, and 3.20(8), (9), (10), and (11) of the USCFTA. 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 7857 of December 20, 2004, implemented the
United States-Australia Free Trade Agreement (USAFTA) with respect to
the United States and, pursuant to section 201 of the United States-
Australia Free Trade Agreement Implementation Act (the ``USAFTA Act'')
(19 U.S.C. 3805 note), the staged reductions in rates of duty that the
President determined to be necessary or appropriate to carry out or
apply articles 2.3, 2.5, and 2.6 of the USAFTA and the schedule of
reductions with respect to Australia set forth in Annex 2B of the
USAFTA. 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 7971 of December 22, 2005, implemented the
United States-Morocco Free Trade Agreement (USMFTA) with respect to the
United States and, pursuant to section 201 of the United States-Morocco
Free Trade Agreement Implementation Act (the ``USMFTA Act'') (19 U.S.C.
3805 note), the staged reductions in rates of duty that the President
determined to be necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15 of
the USMFTA and the schedule of reductions with respect to Morocco set
forth in Annex IV of the USMFTA. 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.
9. 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 the Dominican Republic-Central America-United

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States Free Trade Agreement (the ``CAFTA-DR Agreement'') 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 Act'') (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 Agreement. 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 8039 of July 27, 2006, implemented the
United States-Bahrain Free Trade Agreement (USBFTA) with respect to the
United States and, pursuant to section 201 of the United States-Bahrain
Free Trade Agreement Implementation Act (the ``USBFTA Act'') (19 U.S.C.
3805 note), the staged reductions in rates of duty that the President
determined to be necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and the schedule of reductions with
respect to Bahrain set forth in Annex 2-B of the USBFTA. 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. Presidential Proclamation 8332 of December 29, 2008, implemented the
United States-Oman Free Trade Agreement (USOFTA) with respect to the
United States and, pursuant to section 201 of the United States-Oman
Free Trade Agreement Implementation Act (the ``USOFTA Act'') (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, 3.2.8, and 3.2.9, and the schedule of duty reductions with respect
to Oman set forth in Annex 2-B of the USOFTA. 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.
12. 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 Act'') (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.
13. 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

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the substance of the provisions of that Act, or 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 (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, 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, including but not limited to sections
1102 and 1206 of the 1988 Act, section 111 of the URAA, section 201 of
the USSFTA Act, section 201 of the CFTA Act, section 201 of the USAFTA
Act, section 201 of the USMFTA Act, section 201 of the CAFTA-DR Act,
section 201 of the USBFTA Act, section 201 of the USOFTA Act, section
201 of the USPTPA Act, section 604 of the Trade Act, and section 301 of
title 3, United States Code, 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, and to make technical and conforming changes to
existing provisions, the HTS is modified as set forth in Annex I of
Publication 4276 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,'' which is incorporated by reference into
this proclamation.
(2) 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 Singapore under the USSFTA that are classifiable in
the provisions modified by Annex I of Publication 4276 and entered, or
withdrawn from warehouse for consumption, on or after the dates
specified in subsections F1 and F2 of Annex II of Publication 4276,
(a) the rate of duty in the HTS set forth in the Rates of Duty 1
Special subcolumn for each of the HTS subheadings enumerated in
subsection F1 of Annex II shall be deleted and the rate of duty provided
in such subsection followed by the symbol (``SG'') inserted in lieu
thereof; and
(b) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsection F2 shall be modified as set forth
in that subsection of Annex II.
(3) 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 Chile under the USCFTA that are classifiable in the
provisions modified by Annex I of Publication 4276 and entered, or
withdrawn from warehouse for consumption, on or after each of the dates
specified in subsections C1 and C2 of Annex II of Publication 4276,
(a) the rate of duty in the HTS set forth in the Rates of Duty 1
Special subcolumn for each of the HTS subheadings enumerated in
subsection C1 of Annex II shall be deleted and the rate of duty provided

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in such subsection followed by the symbol (``CL'') inserted in lieu
thereof; and
(b) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsection C2 shall be modified as set forth
in that subsection of Annex II.
(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 Australia under the USAFTA that are classifiable in
the provisions modified by Annex I of Publication 4276 and entered, or
withdrawn from warehouse for consumption, on or after each of the dates
specified in subsections A1 through A4 of Annex II of Publication 4276,
(a) the rate of duty in the HTS set forth in the Rates of Duty 1
Special subcolumn for each of the HTS subheadings enumerated in section
A1 of Annex II shall be deleted and the rate of duty provided in such
subsection followed by the symbol (``AU'') inserted in lieu thereof;
(b) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsections A2 shall be modified as set forth
in that subsection of Annex II;
(c) the Rates of Duty 1 Special subcolumn for the subheading
enumerated in subsection A3 shall be modified as set forth in that
subsection of Annex II; and
(d) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsection A4 shall be modified as set forth
in that subsection of Annex II.
(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 Morocco under the USMFTA that are classifiable in
the provisions modified by Annex I of Publication 4276 and entered, or
withdrawn from warehouse for consumption, on or after each of the dates
specified in sections G1 through G4 of Annex II of Publication 4276,
(a) the rate of duty in the HTS set forth in the Rates of Duty 1
Special subcolumn for each of the HTS subheadings enumerated in
subsection section G1 of Annex II shall be deleted and the rate of duty
provided in such section followed by the symbol (``MA'') inserted in
lieu thereof;
(b) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsection G2 shall be modified as set forth
in that subsection of Annex II;
(c) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsection G3 shall be modified as set forth
in that subsection of Annex II; and
(d) the Rates of Duty 1 Special subcolumn for the subheadings
enumerated in subsection G4 shall be modified as set forth in that
subsection of Annex II.
(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 under general note 29 to the HTS that are classifiable
in the provisions modified by Annex I of Publication 4276 and entered,

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or withdrawn from warehouse for consumption, on or after each of the
dates specified in sections D and I of Annex II of Publication 4276,
(a) the rate of duty in the HTS set forth in the Rates of Duty 1
Special subcolumn for each of the HTS subheadings enumerated in section
D of Annex II shall be deleted and the rate of duty provided in such
section followed by the symbol (``P'') inserted in lieu thereof; and
(b) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in section I shall be modified as set forth in
that section of Annex II.
(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 Bahrain under the USBFTA that are classifiable in
the provisions modified by Annex I of Publication 4276 and entered, or
withdrawn from warehouse for consumption, on or after each of the dates
specified in subsections B1 and B2 of Annex II of Publication 4276,
(a) the rate of duty in the HTS set forth in the Rates of Duty 1
Special subcolumn for each of the HTS subheadings enumerated in section
B1 of Annex II shall be deleted and the rate of duty provided in such
section followed by the symbol (``BH'') inserted in lieu thereof; and
(b) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsection B2 shall be modified as set forth
in that subsection of Annex II.
(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 Oman under the USOFTA that are classifiable in the
provisions modified by Annex I of Publication 4276 and entered, or
withdrawn from warehouse for consumption, on or after each of the dates
specified in subsections E1 and E2 of Annex II of Publication 4276,
(a) the rate of duty in the HTS set forth in the Rates of Duty 1
Special subcolumn for each of the HTS subheadings enumerated in
subsection E1 of Annex II shall be deleted and the rate of duty provided
in such section followed by the symbol (``OM'') inserted in lieu
thereof; and
(b) the Rates of Duty 1 Special subcolumn for each of the
subheadings enumerated in subsection E2 shall be modified as set forth
in that subsection of Annex II.
(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 Peru under the USPTPA that are classifiable in the
provisions modified by Annex I of Publication 4276 and entered, or
withdrawn from warehouse for consumption, on or after each of the dates
specified in section H of Annex II of Publication 4276, the rate of duty
in the HTS set forth in the Rates of Duty 1 Special subcolumn for each
of the HTS subheadings enumerated in section H of Annex II shall be
deleted and the rate of duty provided in such section followed by the
symbol (``PE'') inserted in lieu thereof.
(10) The United States Trade Representative is authorized to fulfill my
obligations under section 103 of the USSFTA, section 103 of the USCFTA,
section 104 of the USAFTA, section 104 of the USMFTA, section 104 of the
USBFTA, and section 104 of the USOFTA to obtain

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advice from the appropriate advisory committees and the Commission on
the proposed implementation of an action by presidential proclamation;
to submit a report on such proposed action to the appropriate
congressional committees; and to consult with those congressional
committees regarding the proposed action.
(11) 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 twenty-ninth day
of December, 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.
BARACK OBAMA