To Modify the List of Beneficiary Developing Countries Under the Trade Act of 1974

[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]

[Presidential Documents]

[Pages 26323-26329]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2019-11986]

Presidential Documents

Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 /

Presidential Documents

[[Page 26323]]

Proclamation 9902 of May 31, 2019

To Modify the List of Beneficiary Developing

Countries Under the Trade Act of 1974

By the President of the United States of America

A Proclamation

1. In Executive Order 11888 of November 24, 1975, the

President designated India as a beneficiary developing

country for purposes of the Generalized System of

Preferences (GSP) (19 U.S.C. 2461 et seq.).

2. Pursuant to section 502(d)(1) of the Trade Act of

1974, as amended (the ``1974 Act'') (19 U.S.C.

2462(d)(1)), 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. In taking any action under section

502(d)(1) of the 1974 Act, the President shall consider

the factors set forth in sections 501 and 502(c) of the

1974 Act (19 U.S.C. 2461 and 2462(c)).

limit the application of the duty-free treatment

accorded under the GSP with respect to any beneficiary

developing country. In taking any action under section

502(d)(1) of the 1974 Act, the President shall consider

the factors set forth in sections 501 and 502(c) of the

1974 Act (19 U.S.C. 2461 and 2462(c)).

3. Section 502(c)(4) of the 1974 Act (19 U.S.C.

2462(c)(4)) provides that, in determining whether to

designate any country as a beneficiary developing

country, the President shall take into account, among

other factors, the extent to which such country has

assured the United States that it will provide

equitable and reasonable access to the markets and

basic commodity resources of such country and the

extent to which such country has assured the United

States that it will refrain from engaging in

unreasonable export practices.

4. Consistent with section 502(d)(1) of the 1974 Act,

and having considered the factors set forth in sections

501 and 502(c), I have determined that India has not

assured the United States that India will provide

equitable and reasonable access to its markets.

Accordingly, it is appropriate to terminate India's

designation as a beneficiary developing country

effective June 5, 2019.

s set forth in sections

501 and 502(c), I have determined that India has not

assured the United States that India will provide

equitable and reasonable access to its markets.

Accordingly, it is appropriate to terminate India's

designation as a beneficiary developing country

effective June 5, 2019.

5. Section 502(f)(2) of the 1974 Act (19 U.S.C.

2462(f)(2)) requires the President to notify the

Congress and the affected beneficiary developing

country, at least 60 days before termination, of the

President's intention to terminate the affected

country's designation as a beneficiary developing

country, together with the considerations entering into

such decision. I notified the Congress and India on

March 4, 2019, of my intent to terminate India's

designation, together with the considerations entering

into my decision.

6. Pursuant to section 203 of the 1974 Act (19 U.S.C.

2253), and after receiving a report from the

International Trade Commission prepared under section

202 of the 1974 Act (19 U.S.C. 2252), the President may

implement a measure in the form of a safeguard to

address increased imports of articles that are a

substantial cause of serious injury to a domestic

industry producing like or directly competitive

products. When acting pursuant to section 203 of the

1974 Act, the President shall take action that he

determines will facilitate efforts of the domestic

industry to make a positive adjustment to import

competition and provide greater economic and social

benefits than costs.

r directly competitive

products. When acting pursuant to section 203 of the

1974 Act, the President shall take action that he

determines will facilitate efforts of the domestic

industry to make a positive adjustment to import

competition and provide greater economic and social

benefits than costs.

7. In Proclamation 9693 of January 23, 2018, pursuant

to section 203 of the 1974 Act, I implemented a

safeguard measure on imports of certain crystalline

silicon photovoltaic (CSPV) cells, whether or not

partially or

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fully assembled into other products (including, but not

limited to, modules, laminates, panels, and building-

integrated materials) (``CSPV products''). In

Proclamation 9694 of January 23, 2018, pursuant to

section 203 of the 1974 Act, I implemented a safeguard

measure on imports of large residential washers.

8. The safeguard measures implemented by Proclamations

9693 and 9694 exempt imports of covered products from

developing countries that are Members of the World

Trade Organization (WTO), including India, if such a

country's individual share of total imports of the

product does not exceed 3 percent and if imports of all

such countries with less than 3 percent import share do

not collectively account for more than 9 percent of

total imports of the product.

Trade Organization (WTO), including India, if such a

country's individual share of total imports of the

product does not exceed 3 percent and if imports of all

such countries with less than 3 percent import share do

not collectively account for more than 9 percent of

total imports of the product.

9. Consistent with my determination that it is

appropriate to terminate the designation of India as a

beneficiary developing country under the GSP, effective

June 5, 2019, I have determined to remove it from the

list of developing country WTO Members exempt from

application of the safeguard measures on CSPV products

and large residential washers. To reflect India's

removal from the list, I have determined that it is

appropriate to revise subdivision (b)(2) of U.S. note

17 and subdivision (b) of U.S. note 18 to subchapter

III of chapter 99 of the Harmonized Tariff Schedule of

the United States (HTS) to delete the references to

India.

10. 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 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.

19 U.S.C. 2483)

authorizes the President to embody in the 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.

11. In Proclamation 9887 of May 16, 2019, I terminated

the designation of Turkey as a beneficiary developing

country for purposes of the GSP and removed the

exemption for Turkey from application of the safeguard

measures on CSPV products and large residential

washers. To reflect this termination and removal, I

made certain modifications to the HTS, effective with

respect to goods entered for consumption, or withdrawn

from warehouse for consumption, on or after 12:01 a.m.

eastern daylight time on May 17, 2019.

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

sections 203 and 604 of the 1974 Act, do hereby

proclaim that:

(1) The designation of India as a beneficiary

developing country is terminated, effective June 5,

2019.

(2) To reflect this termination, general notes 4(a)

and 4(d) and pertinent subheadings of the HTS are

modified as set forth in Annex A to this proclamation.

proclaim that:

(1) The designation of India as a beneficiary

developing country is terminated, effective June 5,

2019.

(2) To reflect this termination, general notes 4(a)

and 4(d) and pertinent subheadings of the HTS are

modified as set forth in Annex A to this proclamation.

(3) 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.

(4) The exemption for India from application of the

safeguard measures on CSPV products and large

residential washers is removed, effective June 5, 2019.

(5) To reflect this revision, subdivision (b)(2) of

U.S. note 17 and subdivision (b) of U.S. note 18 to

subchapter III of chapter 99 of the HTS are each

modified as set forth in Annex B to this proclamation.

(6) Any merchandise from India or Turkey subject to

the safeguard measures implemented by Proclamation 9693

and Proclamation 9694 that is admitted into a United

States foreign trade zone on or after 12:01 a.m.

eastern daylight time on June 5, 2019, must be admitted

as ``privileged foreign status'' as defined in 19 CFR

146.41, and will be subject upon

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entry for consumption to the safeguard measures

implemented by Proclamation 9693 and Proclamation 9694.

States foreign trade zone on or after 12:01 a.m.

eastern daylight time on June 5, 2019, must be admitted

as ``privileged foreign status'' as defined in 19 CFR

146.41, and will be subject upon

[[Page 26325]]

entry for consumption to the safeguard measures

implemented by Proclamation 9693 and Proclamation 9694.

IN WITNESS WHEREOF, I have hereunto set my hand this

thirty-first day of May, in the year of our Lord two

thousand nineteen, and of the Independence of the

United States of America the two hundred and forty-

third.

(Presidential Sig.)

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[FR Doc. 2019-11986

Filed 6-4-19; 11:15 a.m.]

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