[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Presidential Documents]
[Pages 58567-58593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24008]
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Vol. 84
Thursday,
No. 211
October 31, 2019
Part V
The President
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Proclamation 9955--To Modify Duty-Free Treatment Under the Generalized
System of Preferences and for Other Purposes
Presidential Documents
Federal Register / Vol. 84 , No. 211 / Thursday, October 31, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 58567]]
Proclamation 9955 of October 25, 2019
To Modify Duty-Free Treatment Under the
Generalized System of Preferences and for Other
Purposes
By the President of the United States of America
A Proclamation
1. In Proclamation 9687 of December 22, 2017, after
considering the factors set forth in sections 501 and
502(c) of the Trade Act of 1974, as amended, (the
``1974 Act'') (19 U.S.C. 2461 and 2462(c)), I suspended
the duty-free treatment accorded under the Generalized
System of Preferences (GSP) (19 U.S.C. 2461 et seq.) to
certain eligible articles that are the product of
Ukraine. I did so after considering, in particular, the
extent to which Ukraine was providing adequate and
effective protection of intellectual property rights,
in accordance with section 502(c)(5) of the 1974 Act
(19 U.S.C. 2462(c)(5)).
2. Having once again considered the factors set forth
in sections 501 and 502(c) of the 1974 Act, and in
particular section 502(c)(5), I have determined that
Ukraine has made progress in providing adequate and
effective protection of intellectual property rights.
Accordingly, it is appropriate to terminate the
suspension of the duty-free treatment accorded under
the GSP to certain eligible articles that are the
product of Ukraine, effective 5 days after the date of
this proclamation.
3. In Executive Order 11844 of March 24, 1975, the
President designated Thailand as a beneficiary
developing country for purposes of the GSP.
4. Sections 502(d)(1) and 503(c)(1) of the 1974 Act (19
U.S.C. 2462(d)(1) and 2463(c)(1)) provide that the
President may withdraw, suspend, or limit the
application of the duty-free treatment accorded under
the GSP with respect to any beneficiary developing
country and any article upon consideration of the
factors set forth in sections 501 and 502(c) of the
1974 Act (19 U.S.C. 2461 and 2462(c)).
5. Section 502(c)(7) of the 1974 Act (19 U.S.C.
2462(c)(7)) provides that, in determining whether to
designate any country as a beneficiary developing
country under the GSP, the President shall take into
account whether or not such country has taken or is
taking steps to afford to workers in that country
(including any designated zone in that country)
internationally recognized worker rights.
6. Pursuant to sections 502(d)(1) and 503(c)(1) of the
1974 Act (19 U.S.C. 2462(d)(1) and 2463(c)(1)), and
having considered the factors set forth in sections 501
and 502(c), including in particular section 502(c)(7)
(19 U.S.C. 2462(c)(7)), I have determined that Thailand
is not taking steps to afford to workers in Thailand
internationally recognized worker rights. Accordingly,
it is appropriate to suspend the duty-free treatment
accorded under the GSP to certain eligible articles
that are the product of Thailand, effective 6 months
after the date of this proclamation.
7. Pursuant to section 503(c)(1) of the 1974 Act, the
President may withdraw, suspend, or limit the
application of the duty-free treatment accorded to
specified articles under the GSP when imported from
designated beneficiary developing countries.
8. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)) subjects beneficiary developing
countries, except those designated as least-developed
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beneficiary developing countries or beneficiary sub-
Saharan African countries as provided in section
503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)),
to competitive need limitations on the duty-free
treatment afforded to eligible articles under the GSP.
9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I
have determined that in 2018 certain beneficiary
developing countries exported eligible articles in
quantities exceeding the applicable competitive need
limitations. I hereby terminate the duty-free treatment
for such articles from such beneficiary developing
countries.
10. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)(i)) provides that the President may
disregard the competitive need limitation provided in
section 503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)(i)(II)) with respect to any eligible
article from any beneficiary developing country if the
aggregate appraised value of the imports of any such
article into the United States during the preceding
calendar year does not exceed the amount set forth in
section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)(ii)).
11. Pursuant to section 503(c)(2)(F)(i) of the 1974
Act, I have determined that the competitive need
limitation provided in section 503(c)(2)(A)(i)(II) of
the 1974 Act should be disregarded with respect to
certain eligible articles from certain beneficiary
developing countries.
12. Section 503(d)(1) of the 1974 Act (19 U.S.C.
2463(d)(1)) provides that the President may waive the
application of the competitive need limitations in
section 503(c)(2) of the 1974 Act (19 U.S.C.
2463(c)(2)) with respect to any eligible article from
any beneficiary developing country if certain
conditions are met.
13. Pursuant to section 503(d)(1) of the 1974 Act, I
have received the advice of the United States
International Trade Commission on whether any industry
in the United States is likely to be adversely affected
by such waivers of the competitive need limitations
provided in section 503(c)(2) of the 1974 Act. I have
determined, based on that advice and the considerations
described in sections 501 and 502(c) of the 1974 Act,
and having given great weight to the considerations in
section 503(d)(2) of the 1974 Act (19 U.S.C.
2463(d)(2)), that such waivers are in the national
economic interest of the United States. Accordingly, I
have determined that the competitive need limitations
of section 503(c)(2) of the 1974 Act should be waived
with respect to an article from a certain beneficiary
developing country.
14. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C.
2463(c)(2)(C)) provides that a country that is no
longer treated as a beneficiary developing country with
respect to an eligible article may be redesignated as a
beneficiary developing country with respect to such
article, subject to the considerations set forth in
sections 501 and 502 of the 1974 Act, if imports of
such article from such country did not exceed the
competitive need limitations in section 503(c)(2)(A) of
the 1974 Act during the preceding calendar year.
15. Pursuant to section 503(c)(2)(C) of the 1974 Act,
and having taken into account the considerations set
forth in sections 501 and 502 of the 1974 Act, I have
determined to redesignate certain countries as
beneficiary developing countries with respect to
certain eligible articles that during the preceding
calendar year had been imported in quantities not
exceeding the competitive need limitations of section
503(c)(2)(A) of the 1974 Act.
16. Section 503(c)(2)(E) of the 1974 Act (19 U.S.C.
2463(c)(2)(E)) provides that the competitive need
limitation provided in section 503(c)(2)(A)(i)(II) of
the 1974 Act shall not apply with respect to any
eligible article if a like or directly competitive
article was not produced in the United States in any of
the preceding three calendar years.
17. Pursuant to section 503(c)(2)(E) of the 1974 Act, I
have determined that the competitive need limitation
provided in section 503(c)(2)(A)(i)(II) of the 1974 Act
does not apply with respect to a certain eligible
article from a certain beneficiary developing country.
[[Page 58569]]
18. In Proclamation 9072 of December 23, 2013, the
President designated Mali as a beneficiary sub-Saharan
African country pursuant to section 506A(a)(1) of 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, Public Law 106-200) (AGOA).
19. Section 112(c) of the AGOA, as amended in section
6002 of the Africa Investment Incentive Act of 2006
(Division D, Title VI, Public Law 109-432 (19 U.S.C.
3721(c))), provides special rules for certain apparel
articles imported from ``lesser developed beneficiary
sub-Saharan African countries.''
20. I have determined that Mali satisfies the criterion
for treatment as a ``lesser developed beneficiary sub-
Saharan African country'' under section 112(c) of the
AGOA.
21. The short-form name of ``Macedonia'' has changed to
``North Macedonia,'' and I have determined that general
note 4(a) and Chapter 99, Subchapter III, U.S. notes
17(b)(2) and 18(b), to the HTS should be modified to
reflect this change.
22. Section 604 of the 1974 Act (19 U.S.C. 2483)
authorizes the President to embody in the Harmonized
Tariff Schedule of the United States (HTS) the
substance of the relevant provisions of the 1974 Act,
and of other Acts affecting import treatment, and
actions thereunder, including removal, modification,
continuance, or imposition of any rate of duty or other
import restriction.
NOW, THEREFORE, I, DONALD J. TRUMP, President of the
United States of America, acting under the authority
vested in me by the Constitution and the laws of the
United States of America, including title V and section
604 of the 1974 Act; sections 111(a) and 112(c) of the
AGOA; and section 6002 of the Africa Investment
Incentive Act of 2006, do hereby proclaim that:
(1) The suspension of the duty-free treatment
accorded under the GSP to certain eligible articles
that are the product of Ukraine is terminated,
effective 5 days after the date of this proclamation.
(2) In order to reflect in the HTS this termination
of the suspension of certain benefits with respect to
Ukraine, general note 4(d) and pertinent subheadings of
the HTS are modified as set forth in Annex 1 to this
proclamation.
(3) The duty-free treatment accorded under the GSP
to certain eligible articles that are the product of
Thailand is suspended, effective 6 months after the
date of this proclamation.
(4) In order to reflect in the HTS this suspension
of certain benefits under the GSP with respect to
Thailand, general note 4(d) and pertinent subheadings
of the HTS are modified as set forth in Annex 2 to this
proclamation.
(5) In order to provide that one or more countries
should no longer be treated as beneficiary developing
countries with respect to one or more eligible articles
for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for the corresponding HTS subheadings and
general note 4(d) to the HTS are modified as set forth
in section A and B of Annex 3 and Annex 7 to this
proclamation.
(6) In order to redesignate certain articles as
eligible articles for purposes of the GSP, the Rates of
Duty 1-Special subcolumn for the corresponding HTS
subheadings and general note 4(d) to the HTS are
modified as set forth in sections C, D, E, and F of
Annex 3 and sections A and B of Annex 6 to this
proclamation.
(7) The competitive need limitation provided in
section 503(c)(2)(A)(i)(II) of the 1974 Act is
disregarded with respect to the eligible articles in
the HTS subheadings and to the beneficiary developing
countries set forth in Annex 4 to this proclamation.
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(8) A waiver of the application of section
503(c)(2) of the 1974 Act shall apply to the eligible
article in the HTS subheading and to the beneficiary
developing country set forth in Annex 5 to this
proclamation.
(9) For purposes of section 112(c) of the AGOA,
Mali is a lesser developed beneficiary sub-Saharan
African country.
(10) In order to provide for Mali the tariff
treatment intended under section 112 of the AGOA, note
2(d) to subchapter XIX of chapter 98 of the HTS is
modified by inserting in alphabetical sequence in the
list of lesser developed beneficiary sub-Saharan
African countries ``Republic of Mali''.
(11) The modification to the HTS made by paragraph
(10) of this proclamation shall enter into effect on
the 30th day after publication of this proclamation in
the Federal Register.
(12) In order to reflect the change in the name of
Macedonia, general note 4(a) and Chapter 99, Subchapter
III, U.S. notes 17(b)(2) and 18(b), to the HTS are
modified as set forth in Annex 7 to this proclamation.
(13) The modifications to the HTS set forth in
Annex 3, Annex 6, and Annex 7 of this proclamation
shall be effective with respect to articles entered for
consumption, or withdrawn from warehouse for
consumption, on or after 12:01 a.m. eastern daylight
time on November 1, 2019.
(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.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-fifth day of October, in the year of our Lord
two thousand nineteen, and of the Independence of the
United States of America the two hundred and forty-
fourth.
(Presidential Sig.)
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[FR Doc. 2019-24008
Filed 10-30-19; 11:15 a.m.]
Billing code 7020-02-C