[Federal Register Volume 74, Number 4 (Wednesday, January 7, 2009)]
[Presidential Documents]
[Pages 611-616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-115]


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  Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 611]]

                Proclamation 8334 of December 31, 2008

                
To Extend Duty-Free Treatment for Certain 
                Agricultural Products of Israel and for Other Purposes

                By the President of the United States of America

                A Proclamation

                1. 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 
                (USIFTA), which the Congress approved in the United 
                States-Israel Free Trade Area Implementation Act of 
                1985 (the ``USIFTA Act'') (19 U.S.C. 2112 note).

                2. 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''). The 2004 
                Agreement reflects an effort by the United States and 
                Israel to address, through 2008, their continuing 
                differences over the meaning of certain provisions in 
                the USIFTA governing access for U.S. agricultural 
                products to Israel's market.

                3. 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.

                4. In Proclamation 7826 of October 4, 2004, consistent 
                with the 2004 Agreement, I proclaimed modifications to 
                the Harmonized Tariff Schedule of the United States 
                (HTS) to provide duty-free access into the United 
                States through December 31, 2008, for specified 
                quantities of certain agricultural products of Israel.

                5. On December 10, 2008, the United States entered into 
                an agreement with Israel to extend the period that the 
                2004 Agreement is in force through December 31, 2009, 
                to allow additional time for the two governments to 
                conclude an agreement to replace the 2004 Agreement.

                6. 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, 2009, for specified quantities of certain 
                agricultural products of Israel.

                7. On June 6, 2003, the United States and Chile entered 
                into the United States-Chile Free Trade Agreement 
                (USCFTA). The Congress approved the USCFTA in section 
                101(a) of the United States-Chile Free Trade Agreement 
                Implementation Act (the ``USCFTA Act'') (19 U.S.C. 3805 
                note). In Proclamation 7746 of December 30, 2003, I 
                proclaimed the tariff treatment called for under the 
                USCFTA.

[[Page 612]]

                8. Section 201(b) of the USCFTA Act authorizes the 
                President, subject to the consultation and layover 
                requirements of section 103(a) of the USCFTA Act, to 
                proclaim such modifications to the staging of duty 
                treatment set forth in Annex 3.3 of the USCFTA as the 
                United States may agree to with Chile, as the President 
                determines to be necessary or appropriate to maintain 
                the general level of reciprocal and mutually 
                advantageous concessions with respect to Chile provided 
                for by the USCFTA.

                9. On November 26, 2008, the United States entered into 
                an agreement with Chile that includes an accelerated 
                schedule of duty elimination under the USCFTA for 
                specific originating goods of Chile. The consultation 
                and layover requirements of section 103(a) of the 
                USCFTA Act with respect to the accelerated schedule of 
                duty elimination were satisfied as of November 8, 2008.

                10. Pursuant to section 201(b) of the USCFTA Act, I 
                have determined that modifications hereinafter 
                proclaimed of rates of duties on originating goods of 
                Chile are necessary or appropriate to maintain the 
                general level of reciprocal and mutually advantageous 
                concessions with respect to Chile provided for by the 
                USCFTA and to carry out the agreement with Chile on an 
                accelerated schedule of duty elimination for specific 
                originating goods of Chile.

                11. On May 18, 2004, the United States and Australia 
                entered into the United States-Australia Free Trade 
                Agreement (USAFTA). The Congress approved the USAFTA in 
                section 101(a) of the United States-Australia Free 
                Trade Agreement Implementation Act (the ``USAFTA Act'') 
                (19 U.S.C. 3805 note). In Proclamation 7857 of December 
                20, 2004, I proclaimed the rules of origin called for 
                under the USAFTA.

                12. Section 203(o) of the USAFTA Act authorizes the 
                President, subject to the consultation and layover 
                requirements of section 104 of the USAFTA Act, to 
                proclaim such modifications to the rules of origin as 
                are necessary to implement an agreement with Australia 
                pursuant to article 4.2.5 of the USAFTA.

                13. On October 10, 2008, the United States entered into 
                an agreement with Australia pursuant to article 4.2.5 
                of the USAFTA to amend the USAFTA rule of origin for 
                certain yarns of viscose rayon fiber. The consultation 
                and layover requirements of section 104 of the USAFTA 
                Act with respect to the proposed modification of the 
                USAFTA rules of origin were satisfied as of December 
                24, 2008.

                14. Section 604 of the Trade Act of 1974, as amended 
                (the ``1974 Act'') (19 U.S.C. 2483), authorizes the 
                President to embody in the HTS the substance of 
                relevant provisions of that Act, or other acts 
                affecting import treatment, and of actions taken 
                thereunder.

                NOW, THEREFORE, I, GEORGE W. BUSH, 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 4 of the 
                USIFTA Act, section 201(b) of the USCFTA Act, section 
                203(o) of the USAFTA Act, section 604 of the 1974 Act, 
                and section 301 of title 3, United States Code, do 
                proclaim that:

                (1) In order to implement U.S. tariff commitments under 
                the 2004 Agreement through December 31, 2009, the HTS 
                is modified as provided in Annex I to this 
                proclamation.

                (2)(a) The modifications to the HTS made by Annex I to 
                this proclamation shall be effective with respect to 
                goods that are the product of Israel and are entered, 
                or withdrawn from warehouse for consumption, on or 
                after January 1, 2009.

 (b) The provisions of subchapter VIII of chapter 99 of the HTS, as 
modified by Annex I to this proclamation, shall continue in effect through 
December 31, 2009.

[[Page 613]]

                (3) In order to provide for an accelerated schedule of 
                duty elimination for specific originating goods of 
                Chile, the tariff treatment set forth in the HTS is 
                modified as provided in Annex II to this proclamation.

                (4) The modifications made to the HTS by Annex II to 
                this proclamation shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after January 1, 2009.

                (5) In order to implement the agreement with Australia 
                to change the USAFTA rules of origin for certain yarns 
                of viscose rayon fiber, the HTS is modified as provided 
                in Annex III to this proclamation.

                (6) The modifications made to the HTS by Annex III to 
                this proclamation shall enter into effect on the date 
                that the United States Trade Representative announces 
                in a notice published in the Federal Register that 
                Australia has completed its applicable domestic 
                procedures to give effect to the agreement to change 
                the USAFTA rules of origin for certain yarns of viscose 
                rayon fiber and shall be effective with respect to 
                originating goods of Australia entered, or withdrawn 
                from warehouse for consumption, on or after the date 
                indicated in the notice.

                (7) 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 
                thirty-first day of December, in the year of our Lord 
                two thousand eight, and of the Independence of the 
                United States of America the two hundred and thirty-
                third.
                
                
                    (Presidential Sig.)

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[FR Doc. E9-115 Filed 1-6-09; 8:45 am]
Billing code 7020-02-C