[Federal Register Volume 84, Number 211 (Thursday, October 31, 2019)]
[Presidential Documents]
[Pages 58567-58593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24008]



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Vol. 84

Thursday,

No. 211

October 31, 2019

Part V





The President





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Proclamation 9955--To Modify Duty-Free Treatment Under the Generalized 
System of Preferences and for Other Purposes
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                         Presidential Documents 
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  Federal Register / Vol. 84 , No. 211 / Thursday, October 31, 2019 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 9955 of October 25, 2019

                
To Modify Duty-Free Treatment Under the 
                Generalized System of Preferences and for Other 
                Purposes

                By the President of the United States of America

                A Proclamation

                1. In Proclamation 9687 of December 22, 2017, after 
                considering the factors set forth in sections 501 and 
                502(c) of the Trade Act of 1974, as amended, (the 
                ``1974 Act'') (19 U.S.C. 2461 and 2462(c)), I suspended 
                the duty-free treatment accorded under the Generalized 
                System of Preferences (GSP) (19 U.S.C. 2461 et seq.) to 
                certain eligible articles that are the product of 
                Ukraine. I did so after considering, in particular, the 
                extent to which Ukraine was providing adequate and 
                effective protection of intellectual property rights, 
                in accordance with section 502(c)(5) of the 1974 Act 
                (19 U.S.C. 2462(c)(5)).

                2. Having once again considered the factors set forth 
                in sections 501 and 502(c) of the 1974 Act, and in 
                particular section 502(c)(5), I have determined that 
                Ukraine has made progress in providing adequate and 
                effective protection of intellectual property rights. 
                Accordingly, it is appropriate to terminate the 
                suspension of the duty-free treatment accorded under 
                the GSP to certain eligible articles that are the 
                product of Ukraine, effective 5 days after the date of 
                this proclamation.

                3. In Executive Order 11844 of March 24, 1975, the 
                President designated Thailand as a beneficiary 
                developing country for purposes of the GSP.

                4. Sections 502(d)(1) and 503(c)(1) of the 1974 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 GSP with respect to any beneficiary developing 
                country and any article upon consideration of the 
                factors set forth in sections 501 and 502(c) of the 
                1974 Act (19 U.S.C. 2461 and 2462(c)).

                5. Section 502(c)(7) of the 1974 Act (19 U.S.C. 
                2462(c)(7)) provides that, in determining whether to 
                designate any country as a beneficiary developing 
                country under the GSP, the President shall take into 
                account whether or not such country has taken or is 
                taking steps to afford to workers in that country 
                (including any designated zone in that country) 
                internationally recognized worker rights.

                6. Pursuant to sections 502(d)(1) and 503(c)(1) of the 
                1974 Act (19 U.S.C. 2462(d)(1) and 2463(c)(1)), and 
                having considered the factors set forth in sections 501 
                and 502(c), including in particular section 502(c)(7) 
                (19 U.S.C. 2462(c)(7)), I have determined that Thailand 
                is not taking steps to afford to workers in Thailand 
                internationally recognized worker rights. Accordingly, 
                it is appropriate to suspend the duty-free treatment 
                accorded under the GSP to certain eligible articles 
                that are the product of Thailand, effective 6 months 
                after the date of this proclamation.

                7. Pursuant to section 503(c)(1) of the 1974 Act, the 
                President may withdraw, suspend, or limit the 
                application of the duty-free treatment accorded to 
                specified articles under the GSP when imported from 
                designated beneficiary developing countries.

                8. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)) subjects beneficiary developing 
                countries, except those designated as least-developed

[[Page 58568]]

                beneficiary developing countries or beneficiary sub-
                Saharan African countries as provided in section 
                503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), 
                to competitive need limitations on the duty-free 
                treatment afforded to eligible articles under the GSP.

                9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I 
                have determined that in 2018 certain beneficiary 
                developing countries exported eligible articles in 
                quantities exceeding the applicable competitive need 
                limitations. I hereby terminate the duty-free treatment 
                for such articles from such beneficiary developing 
                countries.

                10. Section 503(c)(2)(F)(i) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(i)) provides that the President may 
                disregard the competitive need limitation provided in 
                section 503(c)(2)(A)(i)(II) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(A)(i)(II)) with respect to any eligible 
                article from any beneficiary developing country if the 
                aggregate appraised value of the imports of any such 
                article into the United States during the preceding 
                calendar year does not exceed the amount set forth in 
                section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(F)(ii)).

                11. Pursuant to section 503(c)(2)(F)(i) of the 1974 
                Act, I have determined that the competitive need 
                limitation provided in section 503(c)(2)(A)(i)(II) of 
                the 1974 Act should be disregarded with respect to 
                certain eligible articles from certain beneficiary 
                developing countries.

                12. Section 503(d)(1) of the 1974 Act (19 U.S.C. 
                2463(d)(1)) provides that the President may waive the 
                application of the competitive need limitations in 
                section 503(c)(2) of the 1974 Act (19 U.S.C. 
                2463(c)(2)) with respect to any eligible article from 
                any beneficiary developing country if certain 
                conditions are met.

                13. Pursuant to section 503(d)(1) of the 1974 Act, I 
                have received the advice of the United States 
                International Trade Commission on whether any industry 
                in the United States is likely to be adversely affected 
                by such waivers of the competitive need limitations 
                provided in section 503(c)(2) of the 1974 Act. I have 
                determined, based on that advice and the considerations 
                described in sections 501 and 502(c) of the 1974 Act, 
                and having given great weight to the considerations in 
                section 503(d)(2) of the 1974 Act (19 U.S.C. 
                2463(d)(2)), that such waivers are in the national 
                economic interest of the United States. Accordingly, I 
                have determined that the competitive need limitations 
                of section 503(c)(2) of the 1974 Act should be waived 
                with respect to an article from a certain beneficiary 
                developing country.

                14. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(C)) provides that a country that is no 
                longer treated as a beneficiary developing country with 
                respect to an eligible article may be redesignated as a 
                beneficiary developing country with respect to such 
                article, subject to the considerations set forth in 
                sections 501 and 502 of the 1974 Act, if imports of 
                such article from such country did not exceed the 
                competitive need limitations in section 503(c)(2)(A) of 
                the 1974 Act during the preceding calendar year.

                15. Pursuant to section 503(c)(2)(C) of the 1974 Act, 
                and having taken into account the considerations set 
                forth in sections 501 and 502 of the 1974 Act, I have 
                determined to redesignate certain countries as 
                beneficiary developing countries with respect to 
                certain eligible articles that during the preceding 
                calendar year had been imported in quantities not 
                exceeding the competitive need limitations of section 
                503(c)(2)(A) of the 1974 Act.

                16. Section 503(c)(2)(E) of the 1974 Act (19 U.S.C. 
                2463(c)(2)(E)) provides that the competitive need 
                limitation provided in section 503(c)(2)(A)(i)(II) of 
                the 1974 Act shall not apply with respect to any 
                eligible article if a like or directly competitive 
                article was not produced in the United States in any of 
                the preceding three calendar years.

                17. Pursuant to section 503(c)(2)(E) of the 1974 Act, I 
                have determined that the competitive need limitation 
                provided in section 503(c)(2)(A)(i)(II) of the 1974 Act 
                does not apply with respect to a certain eligible 
                article from a certain beneficiary developing country.

[[Page 58569]]

                18. In Proclamation 9072 of December 23, 2013, the 
                President designated Mali as a beneficiary sub-Saharan 
                African country pursuant to section 506A(a)(1) of the 
                1974 Act (19 U.S.C. 2466a(a)(1)), as added by section 
                111(a) of the African Growth and Opportunity Act (Title 
                I, Public Law 106-200) (AGOA).

                19. Section 112(c) of the AGOA, as amended in section 
                6002 of the Africa Investment Incentive Act of 2006 
                (Division D, Title VI, Public Law 109-432 (19 U.S.C. 
                3721(c))), provides special rules for certain apparel 
                articles imported from ``lesser developed beneficiary 
                sub-Saharan African countries.''

                20. I have determined that Mali satisfies the criterion 
                for treatment as a ``lesser developed beneficiary sub-
                Saharan African country'' under section 112(c) of the 
                AGOA.

                21. The short-form name of ``Macedonia'' has changed to 
                ``North Macedonia,'' and I have determined that general 
                note 4(a) and Chapter 99, Subchapter III, U.S. notes 
                17(b)(2) and 18(b), to the HTS should be modified to 
                reflect this change.

                22. Section 604 of the 1974 Act (19 U.S.C. 2483) 
                authorizes the President to embody in the Harmonized 
                Tariff Schedule of the United States (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.

                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 section 
                604 of the 1974 Act; sections 111(a) and 112(c) of the 
                AGOA; and section 6002 of the Africa Investment 
                Incentive Act of 2006, do hereby proclaim that:

                    (1) The suspension of the duty-free treatment 
                accorded under the GSP to certain eligible articles 
                that are the product of Ukraine is terminated, 
                effective 5 days after the date of this proclamation.
                    (2) In order to reflect in the HTS this termination 
                of the suspension of certain benefits with respect to 
                Ukraine, general note 4(d) and pertinent subheadings of 
                the HTS are modified as set forth in Annex 1 to this 
                proclamation.
                    (3) The duty-free treatment accorded under the GSP 
                to certain eligible articles that are the product of 
                Thailand is suspended, effective 6 months after the 
                date of this proclamation.
                    (4) In order to reflect in the HTS this suspension 
                of certain benefits under the GSP with respect to 
                Thailand, general note 4(d) and pertinent subheadings 
                of the HTS are modified as set forth in Annex 2 to this 
                proclamation.
                    (5) In order to provide that one or more countries 
                should no longer be treated as beneficiary developing 
                countries with respect to one or more eligible articles 
                for purposes of the GSP, the Rates of Duty 1-Special 
                subcolumn for the corresponding HTS subheadings and 
                general note 4(d) to the HTS are modified as set forth 
                in section A and B of Annex 3 and Annex 7 to this 
                proclamation.
                    (6) In order to redesignate certain articles as 
                eligible articles for purposes of the GSP, the Rates of 
                Duty 1-Special subcolumn for the corresponding HTS 
                subheadings and general note 4(d) to the HTS are 
                modified as set forth in sections C, D, E, and F of 
                Annex 3 and sections A and B of Annex 6 to this 
                proclamation.
                    (7) The competitive need limitation provided in 
                section 503(c)(2)(A)(i)(II) of the 1974 Act is 
                disregarded with respect to the eligible articles in 
                the HTS subheadings and to the beneficiary developing 
                countries set forth in Annex 4 to this proclamation.

[[Page 58570]]

                    (8) A waiver of the application of section 
                503(c)(2) of the 1974 Act shall apply to the eligible 
                article in the HTS subheading and to the beneficiary 
                developing country set forth in Annex 5 to this 
                proclamation.
                    (9) For purposes of section 112(c) of the AGOA, 
                Mali is a lesser developed beneficiary sub-Saharan 
                African country.
                    (10) In order to provide for Mali the tariff 
                treatment intended under section 112 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 ``Republic of Mali''.
                    (11) The modification to the HTS made by paragraph 
                (10) of this proclamation shall enter into effect on 
                the 30th day after publication of this proclamation in 
                the Federal Register.
                    (12) In order to reflect the change in the name of 
                Macedonia, general note 4(a) and Chapter 99, Subchapter 
                III, U.S. notes 17(b)(2) and 18(b), to the HTS are 
                modified as set forth in Annex 7 to this proclamation.
                    (13) The modifications to the HTS set forth in 
                Annex 3, Annex 6, and Annex 7 of this proclamation 
                shall be effective with respect to articles entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after 12:01 a.m. eastern daylight 
                time on November 1, 2019.
                    (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.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-fifth day of October, in the year of our Lord 
                two thousand nineteen, and of the Independence of the 
                United States of America the two hundred and forty-
                fourth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2019-24008
Filed 10-30-19; 11:15 a.m.]
Billing code 7020-02-C