[Federal Register Volume 84, Number 249 (Monday, December 30, 2019)]
[Presidential Documents]
[Pages 72187-72211]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28285]
[[Page 72185]]
Vol. 84
Monday,
No. 249
December 30, 2019
Part III
The President
-----------------------------------------------------------------------
Proclamation 9974--To Take Certain Actions Under the African Growth and
Opportunity Act and for Other Purposes
Executive Order 13901--Adjustments of Certain Rates of Pay
Presidential Documents
Federal Register / Vol. 84 , No. 249 / Monday, December 30, 2019 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 72187]]
Proclamation 9974 of December 26, 2019
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 7350 of October 2, 2000, the
President designated the Republic of Cameroon
(Cameroon) as a beneficiary sub-Saharan African country
for purposes of section 506A(a)(1) of the Trade Act of
1974, as amended (the ``Trade Act''), as added by
section 111(a) of the African Growth and Opportunity
Act (the ``AGOA'') (title I of Public Law 106-200, 114
Stat. 251, 257-58 (19 U.S.C. 2466a(a)(1)).
2. Section 506A(a)(3) of the Trade Act (19 U.S.C.
2466a(a)(3)) provides that the President shall
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 Trade Act.
3. Pursuant to section 506A(a)(3) of the Trade Act, I
have determined that Cameroon is not making continual
progress in meeting the requirements described in
section 506A(a)(1) of the Trade Act. Accordingly, I
have decided to terminate the designation of Cameroon
as a beneficiary sub-Saharan African country for
purposes of section 506A of the Trade Act, effective
January 1, 2020.
4. I have determined that the Republic of Niger
(Niger), the Central African Republic, and the Republic
of The Gambia (The Gambia) have not established
effective visa systems and related customs procedures
meeting the requirements of section 113 of the AGOA (19
U.S.C. 3722), which are required in order for a
beneficiary sub-Saharan African country to receive the
preferential treatment provided for under section
112(a) of the AGOA (19 U.S.C. 3721(a)). Therefore,
Niger, the Central African Republic, and The Gambia are
not eligible for the treatment provided for under
section 112(a).
5. 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, 120 Stat.
2922, 3190-93 (19 U.S.C. 3721(c)), provides special
rules for certain apparel articles imported from
``lesser developed beneficiary sub-Saharan African
countries.''
6. I have determined that Guinea-Bissau and Niger
satisfy the criterion for treatment as ``lesser
developed beneficiary sub-Saharan African countries''
under section 112(c) of the AGOA.
7. 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 (the
``USIFTA''), which the Congress approved in section 3
of the United States-Israel Free Trade Area
Implementation Act of 1985 (the ``USIFTA Act'') (Public
Law 99-47, 99 Stat. 82 (19 U.S.C. 2112 note)).
8. 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,
[[Page 72188]]
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.
9. 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'').
10. 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, in
order to maintain the general level of reciprocal and
mutually advantageous concessions with respect to
Israel provided for by the USIFTA, it was necessary to
provide duty-free access into the United States through
December 31, 2008, for specified quantities of certain
agricultural products of Israel.
11. Each year from 2008 through 2018, 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.
12. 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; Proclamation 8921 of December 20,
2012; Proclamation 9072 of December 23, 2013;
Proclamation 9223 of December 23, 2014; Proclamation
9383 of December 21, 2015; Proclamation 9555 of
December 15, 2016; Proclamation 9687 of December 22,
2017; and Proclamation 9834 of December 21, 2018,
modified the Harmonized Tariff Schedule of the United
States (the ``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.
13. On December 4, 2019, the United States entered into
an agreement with Israel to extend the period that the
2004 Agreement is in force through December 31, 2020,
and to allow for further negotiations on an agreement
to replace the 2004 Agreement.
14. 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, 2020, for specified quantities of certain
agricultural products of Israel, as provided in Annex I
of this proclamation.
15. On September 16, 2019, in accordance with section
103(a)(2) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (the ``Trade
Priorities Act'') (title I of Public Law 114-26, 129
Stat. 319, 333 (19 U.S.C. 4202(a)(2)), I notified the
Congress that I intended to enter into an agreement
regarding tariff barriers with Japan under section
103(a) of the Trade Priorities Act. On October 7, 2019,
the United States and Japan entered into the Trade
Agreement between the United States and Japan.
16. Section 103(a)(1) of the Trade Priorities Act
authorizes the President to proclaim such modification
of any existing duty as the President determines to be
required or appropriate to carry out a trade agreement
entered into under section 103(a). The President
generally may proclaim such modification provided that
the modification does not reduce the rate of duty to a
rate that is less than 50 percent of the date of such
duty that applied on June 29, 2015; does not reduce the
rate of duty below that applicable under the Uruguay
Round Agreements or a successor agreement on any
import-sensitive agricultural product; and does not
increase the rate of duty above the rate of such duty
that applied on June 29, 2015.
[[Page 72189]]
17. Pursuant to section 103(a) of the Trade Priorities
Act, I have determined that it is required and
appropriate to modify existing duties with respect to
certain goods to carry out the Trade Agreement between
the United States and Japan.
18. In Proclamation 6763 of December 23, 1994, the
President established a tariff-rate quota for beef.
Section 404(d)(3) of the Uruguay Round Agreements Act
(title IV of Public Law 103-465, 108 Stat. 4809, 4960
(19 U.S.C. 3601(d)(3)) authorizes the President to
allocate the in-quota quantity of a tariff-rate quota
for any agricultural product among supplying countries
or customs areas and to modify any allocation as the
President determines appropriate. Pursuant to section
404(d)(3) of the Uruguay Round Agreements Act, I have
determined that it is appropriate to modify the tariff-
rate quota allocation for beef by providing that the
tariff-rate quota allocation for Japan will become part
of the total tariff-rate quota allocation for other
countries or areas.
19. Section 1206(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (title I
of Public Law 100-418, 102 Stat. 1107, 1151 (19 U.S.C.
3006(a)) authorizes the President to proclaim
modifications to the HTS based on the recommendations
of the United States International Trade Commission
(the ``Commission'') under section 1205 of the 1988 Act
(19 U.S.C. 3005) if the President determines that the
modifications are in conformity with United States
obligations under the International Convention on the
Harmonized Commodity Description and Coding System (the
``Convention'') and do not run counter to the national
economic interest of the United States.
20. In Proclamation 9549 of December 1, 2016, pursuant
to section 1206(a) of the 1988 Act, the President
proclaimed modifications to the HTS to conform it to
the Convention, to promote the uniform application of
the Convention, to establish additional subordinate
tariff categories, and to make technical and conforming
changes to existing provisions. These modifications to
the HTS were set out in Annex I of Publication 4653 of
the Commission, which was incorporated by reference
into the proclamation.
21. Proclamation 7746 of December 30, 2003, implemented
the United States-Chile Free Trade Agreement (the
``USCFTA'') with respect to the United States and,
pursuant to the United States-Chile Free Trade
Agreement Implementation Act (the ``USCFTA Act'')
(Public Law 108-77, 117 Stat. 909 (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.
22. 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, Proclamation 9549
made modifications to the HTS that the President
determined were necessary or appropriate to carry out
the duty reductions proclaimed in Proclamation 7746.
The United States and Chile are parties to the
Convention.
23. Section 201 of the USCFTA Act authorizes the
President to proclaim such modifications or
continuation of any duty, such continuation of duty-
free or excise treatment, or such additional duties, as
the President determines to be necessary or appropriate
to carry out or apply Articles 3.3, 3.7, 3.9, Article
3.20(8), (9), (10), and (11), and Annex 3.3 (including
the schedule of United States duty reductions with
respect to originating goods) of the USCFTA.
24. I have determined that, pursuant to section 201 of
the USCFTA Act and section 1206(a) of the 1988 Act,
modifications to the HTS are necessary or appropriate
to ensure the continuation of tariff and certain other
treatment accorded to originating goods under tariff
categories modified in Proclamation 9549 and to carry
out the duty reductions proclaimed in Proclamation
7746.
25. Section 604 of 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,
[[Page 72190]]
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 sections 506A(a)(1)
and 506A(a)(3) of the Trade Act; sections 111(a) and
112(c) of the AGOA; section 6002 of the Africa
Investment Incentive Act of 2006; section 4(b) of the
USIFTA Act; section 103(a) of the Trade Priorities Act;
section 404(d)(3) of the Uruguay Round Agreements Act;
section 1206(a) of the 1988 Act; section 201 of the
USCFTA Act; and section 604 of the Trade Act, do
proclaim that:
(1) The designation of Cameroon as a beneficiary
sub-Saharan African country for purposes of section
506A of the Trade Act is terminated, effective January
1, 2020.
(2) In order to reflect in the HTS that beginning
January 1, 2020, Cameroon shall no longer be designated
as a beneficiary sub-Saharan African country, general
note 16(a) to the HTS is modified by deleting
``Republic of Cameroon'' from the list of beneficiary
sub-Saharan African countries. Note 7(a) to subchapter
II and note 1 to subchapter XIX of chapter 98 of the
HTS are modified to delete ``Cameroon'' from the list
of beneficiary countries. Further, note 2(d) to
subchapter XIX of chapter 98 of the HTS is modified by
deleting ``Republic of Cameroon'' from the list of
lesser developed beneficiary sub-Saharan African
countries.
(3) In order to provide the tariff treatment
intended under sections 112(a) and 113 of the AGOA,
note 1 to subchapter XIX of Chapter 98 of the HTS is
modified by deleting ``Niger'', ``Central African
Republic'', and ``The Gambia'' from the list of
beneficiary sub-Saharan African countries. Further,
note 7(a) to subchapter II of chapter 98 of the HTS is
modified by deleting ``Niger'' from the list of
beneficiary sub-Saharan African countries.
(4) For purposes of section 112(c) of the AGOA,
Guinea-Bissau and Niger are lesser developed
beneficiary sub-Saharan African countries.
(5) In order to provide for Guinea-Bissau and Niger
the tariff treatment intended under section 112(c) 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 ``Guinea-Bissau'' and
``Niger''.
(6) The modifications to the HTS set forth in
paragraphs (1) through (5) of this proclamation shall
be effective with respect to articles that are entered
for consumption, or withdrawn from warehouse for
consumption, on or after January 1, 2020.
(7) In order to implement United States tariff
commitments under the 2004 Agreement through December
31, 2020, the HTS is modified as provided in Annex I of
this proclamation.
(8) The modifications to the HTS set forth in Annex
I of this proclamation shall be effective with respect
to eligible agricultural products of Israel that are
entered for consumption, or withdrawn from warehouse
for consumption, on or after January 1, 2020.
(9) The provisions of subchapter VIII of chapter 99
of the HTS, as modified by Annex I of this
proclamation, shall continue in effect through December
31, 2020.
(10) In order to modify tariffs on certain goods to
carry out the Trade Agreement between the United States
and Japan, the HTS is modified as set forth in Annex II
of this proclamation.
(11) The modifications to the HTS set forth in
Annex II of this proclamation shall be effective with
respect to originating goods, as defined in the Trade
Agreement between the United States and Japan,
effective on the dates specified in Annex II and on any
subsequent dates set forth for such duty reductions in
Annex II.
[[Page 72191]]
(12) The Secretary of the Treasury shall use
existing authority to issue any regulations necessary
to implement the modifications made pursuant to
paragraphs (10) and (11) of this proclamation.
(13) Additional U.S. note 3 to chapter 2 of the HTS
is modified as specified in Annex III of this
proclamation. The modifications to the HTS set forth in
Annex III of this proclamation shall be effective with
respect to goods that are entered for consumption, or
withdrawn from warehouse for consumption, on or after
January 1, 2020.
(14) 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 IV of this proclamation.
(15) The modifications to the HTS made by paragraph
(14) of this proclamation shall enter into effect on
April 1, 2020.
(16) 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-sixth day of December, 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.)
Billing code 3295-F0-P
[[Page 72192]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.023
[[Page 72193]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.024
[[Page 72194]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.025
[[Page 72195]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.026
[[Page 72196]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.027
[[Page 72197]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.028
[[Page 72198]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.029
[[Page 72199]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.030
[[Page 72200]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.031
[[Page 72201]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.032
[[Page 72202]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.033
[[Page 72203]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.034
[[Page 72204]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.035
[[Page 72205]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.036
[[Page 72206]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.037
[[Page 72207]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.038
[[Page 72208]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.039
[[Page 72209]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.040
[[Page 72210]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.041
[[Page 72211]]
[GRAPHIC] [TIFF OMITTED] TD30DE19.042
[FR Doc. 2019-28285
Filed 12-27-19; 11:15 am]
Billing code 7020-02-C