[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Presidential Documents]
[Pages 79977-79983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28473]


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  Federal Register / Vol. 87, No. 249 / Thursday, December 29, 2022 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 79977]]

                Proclamation 10509 of December 23, 2022

                
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 7853 of December 10, 2004, the 
                President designated Burkina Faso as a beneficiary sub-
                Saharan African country for purposes of section 
                506A(a)(1) of the Trade Act of 1974, as amended (the 
                ``Trade Act''), as added by section 111(a) of the 
                African Growth and Opportunity Act (the ``AGOA'') 
                (title I of Public Law 106-200, 114 Stat. 251, 257-58 
                (19 U.S.C. 2466a(a)(1))).

                2. Section 506A(a)(3) of the Trade Act (19 U.S.C. 
                2466a(a)(3)) provides that the President shall 
                terminate the designation of a country as a beneficiary 
                sub-Saharan African country for purposes of section 
                506A if the President determines that the country is 
                not making continual progress in meeting the 
                requirements described in section 506A(a)(1) of the 
                Trade Act.

                3. Pursuant to section 506A(a)(3) of the Trade Act, I 
                have determined that Burkina Faso does not meet the 
                requirements described in section 506A(a)(1) of that 
                Act. Accordingly, I have decided to terminate the 
                designation of Burkina Faso as a beneficiary sub-
                Saharan African country for purposes of section 506A of 
                the Trade Act, effective January 1, 2023.

                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 section 3 of 
                the United States-Israel Free Trade Area Implementation 
                Act of 1985 (the ``USIFTA Implementation Act'') (Public 
                Law 99-47, 99 Stat. 82 (19 U.S.C. 2112 note)). Section 
                4(b) of the USIFTA Implementation 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. 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 (United States-Israel Agreement 
                Concerning Certain Aspects of Trade in Agricultural 
                Products (the ``2004 Agreement'')).

                5. In Proclamation 7826 of October 4, 2004, the 
                President determined, pursuant to section 4(b) of the 
                USIFTA Implementation Act and consistent with the 2004 
                Agreement, 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. 
                Each year from 2008 through 2021, 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

[[Page 79978]]

                Agreement. To carry out the extension agreements, the 
                President in Proclamations 8334 of December 31, 2008; 
                8467 of December 23, 2009; 8618 of December 21, 2010; 
                8770 of December 29, 2011; 8921 of December 20, 2012; 
                9072 of December 23, 2013; 9223 of December 23, 2014; 
                9383 of December 21, 2015; 9555 of December 15, 2016; 
                9687 of December 22, 2017; 9834 of December 21, 2018; 
                9974 of December 26, 2019; 10128 of December 22, 2020; 
                and 10326 of December 23, 2021, 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. On December 
                8, 2022, the United States entered into an agreement 
                with Israel to extend the period that the 2004 
                Agreement is in force through December 31, 2023, and to 
                allow for further negotiations on an agreement to 
                replace the 2004 Agreement. Pursuant to section 4(b) of 
                the USIFTA Implementation 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, 2023, for specified 
                quantities of certain agricultural products of Israel, 
                as provided in Annex I of this proclamation.

                6. Proclamation 7971 of December 22, 2005, implemented 
                the United States-Morocco Free Trade Agreement (USMFTA) 
                with respect to the United States and, pursuant to 
                section 201 of the United States-Morocco Free Trade 
                Agreement Implementation Act (the ``USMFTA Act'') (19 
                U.S.C. 3805 note), made the staged reductions in rates 
                of duty that the President determined to be necessary 
                or appropriate to carry out or apply articles 2.3, 2.5, 
                2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 
                4.3.15, and the schedule of duty reductions with 
                respect to Morocco set forth in Annex IV of the USMFTA.

                7. Section 1205(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (19 
                U.S.C. 3005(a)) directs the United States International 
                Trade Commission (the ``Commission'') to keep the HTS 
                under continuous review and periodically to recommend 
                to the President such modifications to the HTS as the 
                Commission considers necessary or appropriate to 
                accomplish the purposes set forth in that subsection. 
                Pursuant to sections 1205(c) and (d) of the 1988 Act 
                (19 U.S.C. 3005(c) and (d)), in 2016 and 2021 the 
                Commission recommended modifications to the HTS to 
                conform the HTS to amendments made to the International 
                Convention on the Harmonized Commodity Description and 
                Coding System and the Protocol thereto (the 
                ``Convention'').

                8. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) 
                authorizes the President to proclaim modifications to 
                the HTS based on the recommendations of the Commission 
                under section 1205 of the 1988 Act if the President 
                determines that the modifications are in conformity 
                with United States obligations under the Convention and 
                do not run counter to the national economic interest of 
                the United States.

                9. Proclamation 9549 of December 1, 2016, and 
                Proclamation 10326 of December 23, 2021, modified the 
                HTS pursuant to section 1206 of the 1988 Act to conform 
                the HTS to the amendments to the Convention. However, 
                the HTS modifications authorized in Proclamation 9549 
                and Proclamation 10326 included certain technical 
                errors.

                10. I have determined that additional modifications to 
                the HTS are necessary or appropriate to carry out the 
                staged reductions in rates of duty previously 
                proclaimed in Proclamation 7971, including certain 
                technical or conforming changes within the tariff 
                schedule.

                11. Section 604 of the Trade Act, as amended (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.

[[Page 79979]]

                NOW, THEREFORE, I, JOSEPH R. BIDEN JR., 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 111(a) of the AGOA, sections 
                506A(a)(1) and 506A(a)(3) of the Trade Act, section 
                4(b) of the USIFTA Implementation Act, and section 604 
                of the Trade Act, as amended, do proclaim that:

                    (1) The designation of Burkina Faso as a 
                beneficiary sub-Saharan African country for purposes of 
                section 506A of the Trade Act is terminated, effective 
                January 1, 2023.
                    (2) In order to reflect in the HTS that beginning 
                January 1, 2023, Burkina Faso shall no longer be 
                designated as a beneficiary sub-Saharan African 
                country, general note 16(a) to the HTS is modified by 
                deleting ``Burkina Faso'' from the list of beneficiary 
                sub-Saharan African countries. Note 7(a) to subchapter 
                II and note 1 to subchapter XIX of chapter 98 of the 
                HTS are each modified by deleting ``Burkina Faso,'' 
                from the list of beneficiary countries. Further, note 
                2(d) to subchapter XIX of chapter 98 of the HTS is 
                modified by deleting ``Burkina Faso;'' from the list of 
                lesser developed beneficiary sub-Saharan African 
                countries.
                    (3) The modifications to the HTS set forth in 
                paragraphs (1) through (2) of this proclamation shall 
                be effective with respect to goods entered for 
                consumption, or withdrawn from warehouse for 
                consumption, on or after January 1, 2023.
                    (4) In order to implement tariff commitments under 
                the 2004 Agreement through December 31, 2023, the HTS 
                is modified as set forth in Annex I of this 
                proclamation.
                    (5) The modifications and technical rectifications 
                to the HTS made by Annex I of this proclamation shall 
                enter into effect on the applicable dates set forth in 
                Annex I of this proclamation.
                    (6) In order to make the modifications and 
                technical rectifications to the HTS described in 
                clauses 6 through 11 of this proclamation, the HTS is 
                modified as set forth in Annex II of this proclamation. 
                These modifications and technical rectifications shall 
                enter into effect on the applicable dates set forth in 
                Annex II of this proclamation.
                    (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.

[[Page 79980]]

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

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[FR Doc. 2022-28473
Filed 12-28-22; 8:45 am]
Billing code 7020-02-C