[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Presidential Documents]
[Pages 61413-61430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28144]



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Vol. 82

Wednesday,

No. 247

December 27, 2017

Part III





The President





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Proclamation 9687--To Take Certain Actions Under the African Growth and 
Opportunity Act and for Other Purposes



Executive Order 13819--Adjustments of Certain Rates of Pay
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                         Presidential Documents 
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  Federal Register / Vol. 82 , No. 247 / Wednesday, December 27, 2017 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 9687 of December 22, 2017

                
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 9223 of December 23, 2014, President 
                Obama determined that the Republic of The Gambia (``The 
                Gambia'') 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'') (19 
                U.S.C. 2466a(a)), as added by section 111(a) of the 
                African Growth and Opportunity Act (the ``AGOA''). 
                Thus, pursuant to section 506A(a)(3) of the Trade Act 
                (19 U.S.C. 2466a(a)(3)), President Obama terminated the 
                designation of The Gambia as a beneficiary sub-Saharan 
                African country for purposes of section 506A of the 
                Trade Act.

                2. In Proclamation 9145 of June 26, 2014, President 
                Obama determined that the Kingdom of Swaziland was not 
                making continual progress in meeting the requirements 
                described in section 506A(a)(1) of the Trade Act. Thus, 
                pursuant to section 506A(a)(3) of the Trade Act, 
                President Obama terminated the designation of the 
                Kingdom of Swaziland as a beneficiary sub-Saharan 
                African country for purposes of section 506A of the 
                Trade Act.

                3. 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).

                4. Pursuant to section 506A(a)(1) of the Trade Act, 
                based on actions that The Gambia and the Kingdom of 
                Swaziland have taken, I have determined that The Gambia 
                and the Kingdom of Swaziland meet the eligibility 
                requirements set forth in section 104 of the AGOA and 
                section 502 of the Trade Act, and I have decided to 
                designate The Gambia and the Kingdom of Swaziland as 
                beneficiary sub-Saharan African countries.

                5. 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'') (19 
                U.S.C. 2112 note).

                6. 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.

                7. 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

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                certain aspects of trade in agricultural products 
                during the period January 1, 2004, through December 31, 
                2008 (the ``2004 Agreement'').

                8. In Proclamation 7826 of October 4, 2004, consistent 
                with the 2004 Agreement, President Bush 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.

                9. Each year from 2008 through 2016, 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.

                10. 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; and Proclamation 9555 of 
                December 15, 2016 modified the Harmonized Tariff 
                Schedule of the United States (the ``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.

                11. On December 5, 2017, the United States entered into 
                an agreement with Israel to extend the period that the 
                2004 Agreement is in force through December 31, 2018, 
                and to allow for further negotiations on an agreement 
                to replace the 2004 Agreement.

                12. 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, 2018, for specified quantities of certain 
                agricultural products of Israel, as provided in Annex I 
                of this proclamation.

                13. Section 1206(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (19 
                U.S.C. 3006(a)) authorizes the President to proclaim 
                modifications to the HTS based on the recommendations 
                of the United States International Trade Commission 
                (the ``Commission'') under section 1205 of the 1988 Act 
                (19 U.S.C. 3005) if he determines that the 
                modifications are in conformity with United States 
                obligations under the International Convention on the 
                Harmonized Commodity Description and Coding System (the 
                ``Convention'') and do not run counter to the national 
                economic interest of the United States. The Commission 
                has recommended modifications to the HTS pursuant to 
                section 1205 of the 1988 Act to conform the HTS to 
                amendments made to the Convention.

                14. Proclamation 7987 of February 28, 2006, implemented 
                the Dominican Republic-Central America-United States 
                Free Trade Agreement (the ``CAFTA-DR'') with respect to 
                the United States and, pursuant to section 201 of the 
                Dominican Republic-Central America-United States Free 
                Trade Agreement Implementation Act (the ``CAFTA-DR 
                Act'') (19 U.S.C. 4031), the staged reductions in duty 
                that the President determined to be necessary or 
                appropriate to carry out or apply articles 3.3, 3.5, 
                3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes 3.3 
                (including the schedule of United States duty 
                reductions with respect to originating goods), 3.27, 
                and 3.28 of the CAFTA-DR.

                15. The United States, Costa Rica, the Dominican 
                Republic, El Salvador, Guatemala, Honduras, and 
                Nicaragua (the ``CAFTA-DR countries'') are parties to 
                the Convention. Because changes to the Convention are 
                reflected in slight differences of form between the 
                national tariff schedules of the United States and the 
                other CAFTA-DR countries, Annexes 4.1, 3.25, and 3.29 
                of the CAFTA-DR must be changed to ensure that the 
                tariff and certain

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                other treatment accorded under the CAFTA-DR to 
                originating goods will continue to be provided under 
                the tariff categories that were proclaimed in 
                Proclamation 7987. The United States and the other 
                CAFTA-DR countries have agreed to make these changes.

                16. Section 201 of the CAFTA-DR Act authorizes the 
                President to proclaim such modifications or 
                continuation of any duty, such continuation of duty-
                free or excise treatment, or such additional duties, as 
                the President determines to be necessary or appropriate 
                to carry out or apply articles 3.3, 3.5, 3.6, 3.21, 
                3.26, 3.27, and 3.28, and Annexes 3.3 (including the 
                schedule of United States duty reductions with respect 
                to originating goods), 3.27, and 3.28 of the CAFTA-DR.

                17. I have determined that the modifications to the HTS 
                proclaimed pursuant to section 201 of the CAFTA-DR Act 
                and section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) 
                are necessary or appropriate to ensure the continuation 
                of tariff and certain other treatment accorded 
                originating goods under tariff categories modified in 
                Proclamation 9549 and to carry out the duty reductions 
                proclaimed in Proclamation 7987.

                18. In Proclamation 8618 of December 21, 2010, pursuant 
                to section 111(b) of the Uruguay Round Agreements Act 
                (the ``URAA'') (19 U.S.C. 3521(b)), President Obama 
                proclaimed the modification of Schedule XX-United 
                States of America, annexed to the Marrakesh Protocol to 
                the General Agreement on Tariffs and Trade 1994 (``GATT 
                1994''), to reflect the implementation by the United 
                States of the multilateral agreement on certain 
                pharmaceuticals and chemical intermediates negotiated 
                under the auspices of the World Trade Organization. In 
                addition, President Obama proclaimed modifications to 
                the pharmaceuticals appendix to the HTS to reflect the 
                duty eliminations provided for in that agreement. I 
                have determined, pursuant to section 604 of the Trade 
                Act, that it is necessary to modify the annex of 
                Proclamation 8618, as provided in Annex II of this 
                proclamation, to correct one inadvertent omission so 
                that the intended tariff treatment is provided.

                19. In Proclamation 6763 of December 23, 1994, pursuant 
                to section 111(a) of the URAA (19 U.S.C. 3521(a)), 
                President Clinton proclaimed the modification of duties 
                to carry out Schedule XX-United States of America, 
                annexed to the Marrakesh Protocol to the GATT 1994. 
                These modifications were set out in the annex of the 
                proclamation, including the addition of General Note 13 
                and of the Pharmaceutical Appendix to the HTS. In 
                Proclamation 8097 of December 29, 2006, pursuant to 
                section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)), 
                President Bush proclaimed modifications to the HTS to 
                conform it to the Convention or any amendment thereto 
                recommended for adoption, to promote the uniform 
                application of the Convention, to establish additional 
                subordinate tariff categories, and to make technical 
                and conforming changes to existing provisions. These 
                modifications to the HTS were set out in Annex I of 
                Publication 3898 of the Commission, which was 
                incorporated by reference into the proclamation. In 
                Proclamation 9466 of June 30, 2016, pursuant to section 
                111(b) of the URAA (19 U.S.C. 3521(b)), President Obama 
                proclaimed modifications to the tariff categories and 
                rates of duty set forth in the HTS to implement the 
                World Trade Organization Declaration on the Expansion 
                of Trade in Information Technology Products 
                (``Declaration''). These modifications were set out in 
                Annexes I and II of Proclamation 9466. I have 
                determined, pursuant to section 604 of the Trade Act 
                (19 U.S.C. 2483), that it is necessary to modify Annex 
                I of Proclamation 9466, as provided in Annex II of this 
                proclamation, to correct one inadvertent omission so 
                that the intended tariff treatment is provided and to 
                make certain additional conforming changes to Annex I 
                of Proclamation 9466.

                20. In Proclamation 9549 of December 1, 2016, pursuant 
                to section 1206(a) of the 1988 Act, President Obama 
                proclaimed modifications to the HTS to conform it with 
                the Convention in order to promote the uniform 
                application of the Convention. These modifications to 
                the HTS were set out in Annex I of Publication 4653 of 
                the Commission, which was incorporated by reference 
                into the proclamation. I have determined that it is 
                necessary

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                to make certain additional changes to the HTS to 
                conform it with the Convention.

                21. Sections 502(d)(1) and 503(c)(1) of the Trade 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 Generalized System of Preferences (the ``GSP'') 
                with respect to any country and any article upon 
                consideration of the factors set forth in sections 501 
                and 502(c) of the Trade Act (19 U.S.C. 2461 and 
                2462(c)).

                22. Pursuant to sections 502(d)(1) and 503(c)(1) of the 
                Trade Act and having considered the factors set forth 
                in sections 501 and 502(c) of such Act, including, in 
                particular, section 502(c)(5) (19 U.S.C. 2462(c)(5)) on 
                the extent to which a designated beneficiary developing 
                country is providing adequate and effective protection 
                of intellectual property rights, I have determined that 
                it is appropriate to suspend the duty-free treatment 
                accorded under the GSP to certain eligible articles 
                that are the product of Ukraine, as provided in Annex 
                III of this proclamation.

                23. Section 502 of the Trade Act (19 U.S.C. 2462), 
                authorizes the President to designate countries as 
                beneficiary developing countries for purposes of the 
                GSP. Section 502(f)(1)(A) of the Trade Act (19 U.S.C. 
                2462(f)(1)(A)) requires the President to notify the 
                Congress before designating any country as a 
                beneficiary developing country.

                24. In Proclamation 8788 of March 26, 2012, after 
                having considered the factors set forth in section 
                502(b)(2)(E) of the Trade Act (19 U.S.C. 
                2462(b)(2)(E)), President Obama suspended Argentina's 
                designation as a GSP beneficiary developing country 
                because it had not acted in good faith in enforcing 
                arbitral awards in favor of United States citizens or a 
                corporation, partnership, or association that is 50 
                percent or more beneficially owned by United States 
                citizens.

                25. Pursuant to section 502(a)(1) of the Trade Act, and 
                taking into account the factors set forth in section 
                502(b) (19 U.S.C. 2462(b)), in particular section 
                502(b)(2)(E), I have determined that the suspension 
                pursuant to Proclamation 8788 of Argentina's 
                designation as a GSP beneficiary developing country 
                should end.

                26. 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.

                27. Section 1206(c) of the 1988 Act (19 U.S.C. 3006(c)) 
                provides that any modifications proclaimed by the 
                President under section 1206(a) of the 1988 Act may not 
                take effect before the thirtieth day after the date on 
                which the text of the proclamation is published in the 
                Federal Register.

                NOW, THEREFORE, I, DONALD J. TRUMP, 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 506A(a)(1) of the Trade Act (19 U.S.C. 
                2466a(a)(1)); section 4(b) of the USIFTA Act (19 U.S.C. 
                2112 note); section 1206(a) of the 1988 Act (19 U.S.C. 
                3006(a)); section 201 of the CAFTA-DR Act (19 U.S.C. 
                4031); section 604 of the Trade Act (19 U.S.C. 2483); 
                and sections 502(a)(1), 502(d)(1), and 503(c)(1) of the 
                Trade Act (19 U.S.C. 2462(a)(1), 2462(d)(1), and 
                2463(c)(1)) do proclaim that:

                 (1) The Gambia and the Kingdom of Swaziland are 
                designated as beneficiary sub-Saharan African 
                countries.

                 (2) In order to reflect this designation in the HTS, 
                general note 16(a) and U.S. note 1 to subchapter XIX of 
                chapter 98 to the HTS are each modified by inserting 
                ``The Gambia'' and ``Swaziland,'' in alphabetical 
                sequence, in the list of beneficiary sub-Saharan 
                African countries. Further, note 2(d) to subchapter XIX 
                of chapter 98 is modified by inserting ``The

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                Gambia'' and ``Swaziland,'' in alphabetical sequence, 
                in the list of lesser developed beneficiary sub-Saharan 
                African countries.

                 (3) In order to implement U.S. tariff commitments 
                under the 2004 US-Israel Agreement through December 31, 
                2018, the HTS is modified as provided in Annex I of 
                this proclamation.

                 (4) 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, or withdrawn from warehouse for consumption, 
                on or after January 1, 2018.

                 (5) 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, 2018.

                 (6) In order to provide generally for the 
                modifications in the rules for determining whether 
                goods imported into the customs territory of the United 
                States are eligible for preferential tariff treatment 
                under the CAFTA-DR, to provide preferential tariff 
                treatment for certain other goods under the CAFTA-DR, 
                and to make technical and conforming changes in the 
                general notes to the HTS, the HTS is modified as set 
                forth in Annex II of this proclamation.

                 (7) The modifications to the HTS made by paragraph (6) 
                of this proclamation shall enter into effect on the 
                date, as announced by the United States Trade 
                Representative in the Federal Register, that the 
                applicable conditions set forth in the CAFTA-DR have 
                been fulfilled, and shall be effective with respect to 
                goods entered, or withdrawn from warehouse for 
                consumption, on or after that date.

                 (8) In order to provide the intended tariff treatment 
                with respect to the modifications to the 
                pharmaceuticals appendix to the HTS, effective with 
                respect to goods entered, or withdrawn from warehouse 
                or consumption, on or after January 1, 2018, and with 
                respect to goods for which entry is unliquidated or 
                otherwise not final as of that date, subheading 
                2843.29.01 is modified by inserting the symbol, ``K'', 
                in alphabetical sequence, into the parenthetical 
                expression in the Rates of Duty 1-Special subcolumn.

                 (9) In order to provide the intended tariff treatment 
                with respect to the addition of the pharmaceuticals 
                appendix to the HTS, effective with respect to goods 
                entered, or withdrawn from warehouse or consumption, on 
                or after January 1, 2018, and with respect to goods for 
                which entry is unliquidated or otherwise not final as 
                of that date, subheading 3907.99.50 is modified by 
                inserting the symbol, ``K'', in alphabetical sequence, 
                into the parenthetical expression in the Rates of Duty 
                1-Special subcolumn.

                 (10) In order to reflect certain additional conforming 
                changes to Annex I of Proclamation 9466, the subheading 
                9030.33.34 of the HTS is modified by inserting the 
                symbol, ``C'', in alphabetical sequence, into the 
                parenthetical expression in the Column 1-Special Rates 
                of Duty subcolumn.

                 (11) The modifications to the HTS made by paragraph 
                (10) of this proclamation shall be effective with 
                respect to goods entered, or withdrawn from warehouse 
                for consumption, on or after July 1, 2016.

                 (12) In order to reflect certain additional conforming 
                changes to the HTS, additional U.S. note 1 to chapter 
                21 of the HTS is modified by deleting ``2202.90.30, 
                2202.90.35, 2202.90.36 and 2202.90.37'' and inserting 
                ``2202.99.30, 2202.99.35, 2202.99.36 and 2202.99.37'' 
                in lieu thereof.

                 (13) The modifications to the HTS made by paragraph 
                (12) of this proclamation shall be effective with 
                respect to goods entered, or withdrawn from warehouse 
                for consumption, on the thirtieth day after the date of 
                publication of this proclamation in the Federal 
                Register.

                 (14) In order to provide that Ukraine should no longer 
                be treated as a beneficiary developing country with 
                respect to certain eligible articles

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                for purposes of the GSP, the HTS is modified as 
                provided in Annex III of this proclamation.

                 (15) In order to reflect the suspension of certain 
                benefits under the GSP with respect to Ukraine, the 
                modifications made in Annex III shall be effective with 
                respect to articles entered, or withdrawn from 
                warehouse for consumption, on or after the date that is 
                120 days after the date of publication of this 
                proclamation in the Federal Register.

                 (16) In order to reflect in the HTS the termination of 
                the suspension of Argentina's designation as a GSP 
                beneficiary developing country, the HTS is modified as 
                provided in Annex IV of this proclamation.

                 (17) The modifications to the HTS made by paragraph 
                (16) of this proclamation shall be effective with 
                respect to articles entered, or withdrawn from 
                warehouse for consumption, on or after January 1, 2018.

                 (18) 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-second day of December, in the year of our Lord 
                two thousand seventeen, and of the Independence of the 
                United States of America the two hundred and forty-
                second.
                
                
                    (Presidential Sig.)

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[FR Doc. 2017-28144
Filed 12-26-17; 11:15 a.m.]
Billing code 7020-02-C