[Federal Register Volume 78, Number 251 (Tuesday, December 31, 2013)]
[Presidential Documents]
[Pages 80417-80446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31373]



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Vol. 78

Tuesday,

No. 251

December 31, 2013

Part V





The President





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Proclamation 9072--To Take Certain Actions Under the African Growth and 
Opportunity Act and for Other Purposes
 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 78 , No. 251 / Tuesday, December 31, 2013 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

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                Proclamation 9072 of December 23, 2013

                
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 8921 of December 20, 2012, I 
                determined that the Republic of Mali (Mali) was not 
                making continual progress in meeting the requirements 
                described in section 506A(a)(1) of the Trade Act of 
                1974, as amended (the ``1974 Act''), as added by 
                section 111(a) of the African Growth and Opportunity 
                Act (title I of Public Law 106-200) (AGOA). Thus, 
                pursuant to section 506A(a)(3) of the 1974 Act (19 
                U.S.C. 2466a(a)(3)), I terminated the designation of 
                Mali as a beneficiary sub-Saharan African country for 
                purposes of section 506A of the 1974 Act.

                2. Section 506A(a)(1) of the 1974 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 1974 Act (19 U.S.C. 2462).

                3. Based on actions that the Government of Mali has 
                taken over the past year, pursuant to section 
                506A(a)(1) of the 1974 Act, I have determined that Mali 
                meets the eligibility requirements set forth in section 
                104 of the AGOA and section 502 of the 1974 Act, and I 
                have decided to designate Mali as a beneficiary sub-
                Saharan African country.

                4. 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).

                5. 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.

                6. 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'').

                7. 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 it was 
                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 
                December 31, 2008, for specified quantities of certain 
                agricultural products of Israel.

[[Page 80418]]

                8. Each year from 2008 through 2012, 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.

                9. 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; and Proclamation 8921 of December 20, 2012, 
                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.

                10. On November 26, 2013, the United States entered 
                into an agreement with Israel to extend the period that 
                the 2004 Agreement is in force through December 31, 
                2014, to allow for further negotiations on an agreement 
                to replace the 2004 Agreement.

                11. 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, 2014, for specified quantities of certain 
                agricultural products of Israel.

                12. Presidential Proclamation 8783 of March 6, 2012, 
                implemented the United States-Korea Free Trade 
                Agreement (USKFTA) with respect to the United States 
                and, pursuant to the United States-Korea Free Trade 
                Agreement Implementation Act (the ``Implementation 
                Act'') (Public Law 112-41, 125 Stat. 428), incorporated 
                into the HTS the schedule of duty reductions and rules 
                of origin necessary or appropriate to carry out the 
                USKFTA.

                13. In Presidential Proclamation 8771 of December 29, 
                2011, pursuant to the authority provided in section 
                1206(a) of the Omnibus Trade and Competitiveness Act of 
                1988 (19 U.S.C. 3006(a)), I modified the HTS to reflect 
                amendments to the International Convention on the 
                Harmonized Commodity Description and Coding System (the 
                ``Convention'').

                14. Section 202 of the Implementation Act provides 
                rules for determining whether goods imported into the 
                United States originate in the territory of a Party to 
                the USKFTA and thus are eligible for the tariff and 
                other treatment contemplated under the Agreement. 
                Section 202(o) of the Implementation Act authorizes the 
                President to proclaim, as part of the HTS, the rules of 
                origin set out in the USKFTA and to proclaim any 
                modifications to such previously proclaimed rules of 
                origin, subject to the exceptions stated in section 
                202(o)(2)(A) of the Implementation Act.

                15. Because the USKFTA was negotiated under the 2002 
                HTS nomenclature, the United States and Korea agreed to 
                modify certain specific rules of origin in the USKFTA 
                to ensure that the tariff and certain other treatment 
                accorded under the Agreement to originating goods will 
                continue to be provided under the tariff categories 
                that were modified in Proclamation 8783.

                16. In order to implement the agreed modifications to 
                the rules of origin in the USKFTA and ensure the 
                continuation of such staged reductions in rates of duty 
                for originating goods under tariff categories that have 
                been modified to reflect the amendments to the 
                Convention, I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to ensure that the duty reductions previously 
                proclaimed are applied.

                17. Section 212 of the Caribbean Basin Economic 
                Recovery Act (CBERA) (19 U.S.C. 2702), as amended by 
                the Caribbean Basin Trade Partnership Act (CBTPA) 
                (Public Law 106-200), authorizes the President to 
                designate certain countries, territories, or successor 
                political entities as beneficiary countries for the 
                purposes of the CBERA and CBTPA.

[[Page 80419]]

                18. Section 211 of the CBTPA provides that certain 
                preferential tariff treatment may be provided to 
                eligible articles that are the product of any country 
                that the President designates as a ``CBTPA beneficiary 
                country'' pursuant to section 213(b)(5)(B) of the CBERA 
                (19 U.S.C. 2703(b)(5)(B)), provided that the President 
                determines that the country has satisfied the 
                requirements of section 213(b)(4)(A)(ii) (19 U.S.C. 
                2703(b)(4)(A)(ii)) relating to the implementation of 
                procedures and requirements similar to those in chapter 
                5 of the North American Free Trade Agreement (NAFTA).

                19. In Proclamation 7351 of October 2, 2000, the 
                President authorized the United States Trade 
                Representative (USTR) to perform the functions 
                specified in section 213(b)(4)(A)(ii) of the CBERA and 
                certain functions under section 604 of the 1974 Act (19 
                U.S.C. 2483) for each beneficiary country designated in 
                that proclamation pursuant to section 213(b)(5)(B) of 
                the CBERA.

                20. Cura[ccedil]ao is a successor political entity to 
                The Netherlands Antilles and has expressed its desire 
                to be designated as a beneficiary country under the 
                CBERA and CBTPA. As a successor political entity, 
                Cura[ccedil]ao was not included in Proclamation 7351.

                21. Pursuant to section 212(b) and (c) and 213(b)(5)(B) 
                of the CBERA (19 U.S.C. 2702(b) and (c) and 19 U.S.C. 
                2703(b)(5)(B)), I have determined that Cura[ccedil]ao 
                meets the eligibility requirements set forth in those 
                sections. Accordingly, pursuant to section 212(b) and 
                213(b) of the CBERA, and after taking into account the 
                factors enumerated in section 212(b) and (c) of the 
                CBERA (19 U.S.C. 2702(b) and (c)), I have decided to 
                designate Cura[ccedil]ao as a beneficiary country for 
                purposes of the CBERA and CBTPA. In addition, pursuant 
                to section 212(a)(1)(A) of the CBERA, I am notifying 
                the Congress of my intention to designate 
                Cura[ccedil]ao as a beneficiary country under the CBERA 
                and CBTPA, and communicating the considerations 
                entering into my decision.

                22. The preferential treatment extended pursuant to the 
                Andean Trade Preference Act (ATPA) (19 U.S.C. 3201-
                3206, as amended) expired on July 31, 2013. As a 
                result, I have determined that certain modifications to 
                the HTS are required to reflect this status.

                23. Presidential Proclamation 7746 of December 30, 
                2003, implemented the United States-Chile Free Trade 
                Agreement (USCFTA) with respect to the United States 
                and, pursuant to the United States-Chile Free Trade 
                Agreement Implementation Act (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. Those modifications to the HTS were set 
                out in Publication 3652 of the U.S. International Trade 
                Commission, which was incorporated by reference into 
                Proclamation 7746.

                24. Annex II of Publication 3652 contained a 
                typographical error that needs to be corrected. I have 
                determined that a modification to the HTS is necessary 
                to correct this typographical error and to provide the 
                intended tariff treatment.

                25. 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 that Act, and 
                of other acts affecting import treatment, and actions 
                taken thereunder, including the removal, modification, 
                continuance, or imposition of any rate of duty or other 
                import restriction.

                NOW, THEREFORE, I, BARACK OBAMA, President of the 
                United States of America, by virtue of the authority 
                vested in me by the Constitution and the laws of the 
                United States of America, including but not limited to 
                section 301 of title 3, United States Code, title V and 
                section 604 of the 1974 Act, section 104 of the AGOA, 
                section 4 of the USIFTA Act, section 202 of the 
                Implementation Act, and sections 212 and 213 of the 
                CBERA, do proclaim that:

                    (1) Mali is designated as a beneficiary sub-Saharan 
                African country.

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                    (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 ``Republic of 
                Mali (Mali).''
                    (3) In order to implement U.S. tariff commitments 
                under the 2004 Agreement through December 31, 2014, the 
                HTS is modified as provided in Annex I to this 
                proclamation.
                    (4)(a) The modifications to the HTS set forth in 
                Annex I to this proclamation shall be effective with 
                respect to eligible agricultural products of Israel 
                that are entered, or withdrawn from warehouse for 
                consumption, on or after January 1, 2014.

  (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, 2014.

                    (5) In order to reflect in the HTS the 
                modifications to the rules of origin under the USKFTA, 
                general note 33 to the HTS is modified as set forth in 
                Annex II to this proclamation.
                    (6) The modifications to the HTS set forth in Annex 
                II to this proclamation shall be effective with respect 
                to goods that are entered or withdrawn from warehouse 
                for consumption, on or after January 1, 2014.
                    (7) Cura[ccedil]ao is designated as an eligible 
                beneficiary country for the purposes of the CBERA and 
                CBTPA.
                    (8) In order to reflect Cura[ccedil]ao's 
                designation as a beneficiary country for the purposes 
                of the CBERA, general note 7(a) to the HTS is modified 
                by inserting in alphabetical sequence 
                ``Cura[ccedil]ao.''
                    (9) In order to implement Cura[ccedil]ao's 
                designation as a CBTPA beneficiary country, the USTR is 
                authorized to determine whether Cura[ccedil]ao has 
                satisfied the requirements of section 213(b)(4)(A)(ii) 
                of the CBERA relating to the implementation of 
                procedures and requirements similar in all material 
                respects to those in chapter 5 of the NAFTA. To 
                implement such determination, the USTR is authorized to 
                exercise the authority provided to the President under 
                section 604 of the 1974 Act to embody modifications and 
                technical and conforming changes in the HTS. The 
                determination of the USTR under this paragraph shall be 
                set forth in a notice that the USTR shall cause to be 
                published in the Federal Register. Such notice shall 
                modify general note 17 of the HTS by including 
                Cura[ccedil]ao in the list of CBTPA beneficiary 
                countries.
                    (10) In order to reflect the expiration of the 
                ATPA, the HTS is modified as set forth in Annex III to 
                this proclamation.
                    (11) The modifications to the HTS set forth in 
                Annex III to this proclamation shall be effective with 
                respect to goods that are entered, or withdrawn from 
                warehouse for consumption, on or after July 31, 2013.
                    (12) In order to provide the intended tariff 
                treatment to goods of Chile under the terms of general 
                note 26, the HTS is modified as set forth in Annex IV 
                to this proclamation.
                    (13) The modifications to the HTS set forth in 
                Annex IV to this proclamation shall be effective with 
                respect to goods that are entered or withdrawn from 
                warehouse for consumption, on or after January 1, 2004.
                    (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.

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                    IN WITNESS WHEREOF, I have hereunto set my hand 
                this twenty-third day of December, in the year of our 
                Lord two thousand thirteen, and of the Independence of 
                the United States of America the two hundred and 
                thirty-eighth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2013-31373
Filed 12-30-13; 8:45 am]

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