To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes

[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]

[Presidential Documents]

[Pages 85491-85496]

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

[FR Doc No: 2020-28878]

Presidential Documents

Federal Register / Vol. 85 , No. 249 / Tuesday, December 29, 2020 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 85491]]

Proclamation 10128 of December 22, 2020

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 8618 of December 21, 2010, the

President determined that the Democratic Republic of

the Congo (DRC) was not making continual progress in

meeting the requirements described in 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))). Thus, pursuant to section

506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)),

the President terminated the designation of the DRC as

a beneficiary sub-Saharan African country for purposes

of section 506A(a)(1) of the Trade Act.

(title I of Public Law 106-200, 114 Stat. 251, 257-58

(19 U.S.C. 2466a(a)(1))). Thus, pursuant to section

506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)),

the President terminated the designation of the DRC as

a beneficiary sub-Saharan African country for purposes

of section 506A(a)(1) of the Trade Act.

2. Section 506A(a)(1) of the Trade Act authorizes the

President to designate a country listed in section 107

of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-

Saharan African country'' if the President determines

that the country meets the eligibility requirements set

forth in section 104 of the AGOA (19 U.S.C. 3703), as

well as the eligibility criteria set forth in section

502 of the Trade Act (19 U.S.C. 2462).

3. Pursuant to section 506A(a)(1) of the Trade Act,

based on actions that the Government of the DRC has

taken, I have determined that the DRC meets the

eligibility requirements set forth in section 104 of

the AGOA and the eligibility criteria set forth in

section 502 of the Trade Act, and I have determined to

designate the DRC as a beneficiary sub-Saharan African

country.

4. Section 112(c) of the AGOA, as amended in section

6002 of the Africa Investment Incentive Act of 2006

(division D of title VI of 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.''

, as amended in section

6002 of the Africa Investment Incentive Act of 2006

(division D of title VI of 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.''

5. I have also determined that the DRC satisfies the

criterion for treatment as a ``lesser developed

beneficiary sub-Saharan African country'' under section

112(c) of the AGOA.

6. 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)).

7. 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, 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.

[[Page 85492]]

provided for by the USIFTA, the President may

proclaim such withdrawal, suspension, 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.

[[Page 85492]]

8. 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'').

9. 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.

10. Each year from 2008 through 2019, 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.

agricultural products of Israel.

10. Each year from 2008 through 2019, 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.

11. 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; Proclamation 9834 of December 21, 2018; and

Proclamation 9974 of December 26, 2019, modified the

Harmonized Tariff Schedule of the United States

(``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.

12. On December 3, 2020, the United States entered into

an agreement with Israel to extend the period that the

2004 Agreement is in force through December 31, 2021,

and to allow for further negotiations on an agreement

to replace the 2004 Agreement.

rael, each time for an additional 1-year

period.

12. On December 3, 2020, the United States entered into

an agreement with Israel to extend the period that the

2004 Agreement is in force through December 31, 2021,

and to allow for further negotiations on an agreement

to replace the 2004 Agreement.

13. 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, 2021, for specified quantities of certain

agricultural products of Israel, as provided in Annex I

of this proclamation.

14. 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, including removal, modification,

continuance, or imposition of any rate of duty or other

import restriction.

ct (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, including removal, modification,

continuance, or imposition of any rate of duty or other

import restriction.

15. The Caribbean Basin Economic Recovery Act, as

amended (the ``CBERA''), (title II of Public Law 98-67,

97 Stat. 384 (19 U.S.C. 2701 et seq.)), instituted a

duty preference program that applies to a product of a

Caribbean Basin country that has been designated by the

President as a beneficiary country. On October 10,

2020, the President signed into law the Extension of

the Caribbean Basin Economic Recovery Act (Public Law

116-164, 134 Stat. 758), which extends certain

preferential tariff treatment accorded under the CBERA

to September 30, 2030. I have determined, pursuant to

section 604 of the Trade Act, that it is necessary to

modify the HTS to reflect the extension of the CBERA.

16. On August 21, 2020, 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 the European Union under

section 103(a) of the Trade Priorities Act. On November

20, 2020, the United States entered into such an

agreement with the European Union.

[[Page 85493]]

t. 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 the European Union under

section 103(a) of the Trade Priorities Act. On November

20, 2020, the United States entered into such an

agreement with the European Union.

[[Page 85493]]

17. 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 rate 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.

18. 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 agreement regarding

tariff barriers with the European Union for such time

as the European Union carries out the agreement.

18. 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 agreement regarding

tariff barriers with the European Union for such time

as the European Union carries out the agreement.

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 section 506A(a)(1)

and section 604 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; and section 103(a) of the Trade Priorities

Act, do proclaim that:

(1) The DRC is designated as a beneficiary sub-

Saharan African country for purposes of section 506A of

the Trade Act.

(2) In order to reflect this designation in the

HTS, general note 16(a) to the HTS is modified by

inserting in alphabetical sequence in the list of

beneficiary sub-Saharan African countries ``Democratic

Republic of the Congo''.

(3) For purposes of section 112(c) of the AGOA, the

DRC is a lesser developed beneficiary sub-Saharan

African country.

, general note 16(a) to the HTS is modified by

inserting in alphabetical sequence in the list of

beneficiary sub-Saharan African countries ``Democratic

Republic of the Congo''.

(3) For purposes of section 112(c) of the AGOA, the

DRC is a lesser developed beneficiary sub-Saharan

African country.

(4) In order to provide 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 ``Democratic Republic of the Congo''.

(5) The modifications to the HTS set forth in

paragraphs (1) through (4) 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, 2021.

(6) In order to implement United States tariff

commitments under the 2004 Agreement through December

31, 2021, the HTS is modified as provided in Annex I of

this proclamation.

(7) 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, 2021.

(8) 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, 2021.

ultural products of Israel that are

entered for consumption, or withdrawn from warehouse

for consumption, on or after January 1, 2021.

(8) 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, 2021.

(9) In order to reflect in the HTS the provisions

of the extension of the CBERA, general note 17(f)(i) is

modified by deleting ``September 30, 2020'' and

inserting, in lieu thereof, ``September 30, 2030''.

(10) In order to modify duties on certain goods to

carry out the agreement regarding tariff barriers with

the European Union, the HTS is modified as set forth in

Annex II to this proclamation.

(11) The modifications to the HTS set forth in

Annex II to this proclamation shall enter into effect

on the dates indicated in Annex II and remain in

[[Page 85494]]

effect until the date on which the European Union

ceases to carry out the agreement, as determined by the

United States Trade Representative (USTR) in a notice

published in the Federal Register. The HTS shall be

modified to revert to the duty rate in effect on July

31, 2020, for each subheading identified in Annex II,

effective on that date as determined by the USTR. The

USTR shall publish notice of such a determination in

the Federal Register.

a notice

published in the Federal Register. The HTS shall be

modified to revert to the duty rate in effect on July

31, 2020, for each subheading identified in Annex II,

effective on that date as determined by the USTR. The

USTR shall publish notice of such a determination in

the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-second day of December, in the year of our Lord

two thousand twenty, and of the Independence of the

United States of America the two hundred and forty-

fifth.

(Presidential Sig.)

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[FR Doc. 2020-28878

Filed 12-28-20; 8:45 a.m.]

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