To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes

[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

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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)).

t 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)).

at 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.

tive 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

[[Page 58568]]

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

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.

) 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.

(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.

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.''

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:

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.

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.

[[Page 58570]]

(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.

ry developing

countries set forth in Annex 4 to this proclamation.

[[Page 58570]]

(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.

his 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