[Federal Register Volume 84, Number 108 (Wednesday, June 5, 2019)]
[Presidential Documents]
[Pages 26323-26329]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11986]
Presidential Documents
Federal Register / Vol. 84, No. 108 / Wednesday, June 5, 2019 /
Presidential Documents
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Proclamation 9902 of May 31, 2019
To Modify the List of Beneficiary Developing
Countries Under the Trade Act of 1974
By the President of the United States of America
A Proclamation
1. In Executive Order 11888 of November 24, 1975, the
President designated India as a beneficiary developing
country for purposes of the Generalized System of
Preferences (GSP) (19 U.S.C. 2461 et seq.).
2. Pursuant to section 502(d)(1) of the Trade Act of
1974, as amended (the ``1974 Act'') (19 U.S.C.
2462(d)(1)), 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. In taking any action under section
502(d)(1) of the 1974 Act, the President shall consider
the factors set forth in sections 501 and 502(c) of the
1974 Act (19 U.S.C. 2461 and 2462(c)).
3. Section 502(c)(4) of the 1974 Act (19 U.S.C.
2462(c)(4)) provides that, in determining whether to
designate any country as a beneficiary developing
country, the President shall take into account, among
other factors, the extent to which such country has
assured the United States that it will provide
equitable and reasonable access to the markets and
basic commodity resources of such country and the
extent to which such country has assured the United
States that it will refrain from engaging in
unreasonable export practices.
4. Consistent with section 502(d)(1) of the 1974 Act,
and having considered the factors set forth in sections
501 and 502(c), I have determined that India has not
assured the United States that India will provide
equitable and reasonable access to its markets.
Accordingly, it is appropriate to terminate India's
designation as a beneficiary developing country
effective June 5, 2019.
5. Section 502(f)(2) of the 1974 Act (19 U.S.C.
2462(f)(2)) requires the President to notify the
Congress and the affected beneficiary developing
country, at least 60 days before termination, of the
President's intention to terminate the affected
country's designation as a beneficiary developing
country, together with the considerations entering into
such decision. I notified the Congress and India on
March 4, 2019, of my intent to terminate India's
designation, together with the considerations entering
into my decision.
6. Pursuant to section 203 of the 1974 Act (19 U.S.C.
2253), and after receiving a report from the
International Trade Commission prepared under section
202 of the 1974 Act (19 U.S.C. 2252), the President may
implement a measure in the form of a safeguard to
address increased imports of articles that are a
substantial cause of serious injury to a domestic
industry producing like or directly competitive
products. When acting pursuant to section 203 of the
1974 Act, the President shall take action that he
determines will facilitate efforts of the domestic
industry to make a positive adjustment to import
competition and provide greater economic and social
benefits than costs.
7. In Proclamation 9693 of January 23, 2018, pursuant
to section 203 of the 1974 Act, I implemented a
safeguard measure on imports of certain crystalline
silicon photovoltaic (CSPV) cells, whether or not
partially or
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fully assembled into other products (including, but not
limited to, modules, laminates, panels, and building-
integrated materials) (``CSPV products''). In
Proclamation 9694 of January 23, 2018, pursuant to
section 203 of the 1974 Act, I implemented a safeguard
measure on imports of large residential washers.
8. The safeguard measures implemented by Proclamations
9693 and 9694 exempt imports of covered products from
developing countries that are Members of the World
Trade Organization (WTO), including India, if such a
country's individual share of total imports of the
product does not exceed 3 percent and if imports of all
such countries with less than 3 percent import share do
not collectively account for more than 9 percent of
total imports of the product.
9. Consistent with my determination that it is
appropriate to terminate the designation of India as a
beneficiary developing country under the GSP, effective
June 5, 2019, I have determined to remove it from the
list of developing country WTO Members exempt from
application of the safeguard measures on CSPV products
and large residential washers. To reflect India's
removal from the list, I have determined that it is
appropriate to revise subdivision (b)(2) of U.S. note
17 and subdivision (b) of U.S. note 18 to subchapter
III of chapter 99 of the Harmonized Tariff Schedule of
the United States (HTS) to delete the references to
India.
10. 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 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.
11. In Proclamation 9887 of May 16, 2019, I terminated
the designation of Turkey as a beneficiary developing
country for purposes of the GSP and removed the
exemption for Turkey from application of the safeguard
measures on CSPV products and large residential
washers. To reflect this termination and removal, I
made certain modifications to the HTS, effective with
respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after 12:01 a.m.
eastern daylight time on May 17, 2019.
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
sections 203 and 604 of the 1974 Act, do hereby
proclaim that:
(1) The designation of India as a beneficiary
developing country is terminated, effective June 5,
2019.
(2) To reflect this termination, general notes 4(a)
and 4(d) and pertinent subheadings of the HTS are
modified as set forth in Annex A to this proclamation.
(3) 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.
(4) The exemption for India from application of the
safeguard measures on CSPV products and large
residential washers is removed, effective June 5, 2019.
(5) To reflect this revision, subdivision (b)(2) of
U.S. note 17 and subdivision (b) of U.S. note 18 to
subchapter III of chapter 99 of the HTS are each
modified as set forth in Annex B to this proclamation.
(6) Any merchandise from India or Turkey subject to
the safeguard measures implemented by Proclamation 9693
and Proclamation 9694 that is admitted into a United
States foreign trade zone on or after 12:01 a.m.
eastern daylight time on June 5, 2019, must be admitted
as ``privileged foreign status'' as defined in 19 CFR
146.41, and will be subject upon
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entry for consumption to the safeguard measures
implemented by Proclamation 9693 and Proclamation 9694.
IN WITNESS WHEREOF, I have hereunto set my hand this
thirty-first day of May, in the year of our Lord two
thousand nineteen, and of the Independence of the
United States of America the two hundred and forty-
third.
(Presidential Sig.)
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[FR Doc. 2019-11986
Filed 6-4-19; 11:15 a.m.]
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