[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Presidential Documents]
[Pages 105333-105342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31353]
Presidential Documents
Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 105333]]
Proclamation 10875 of December 20, 2024
To Implement the United States-Israel Agreement
on Trade in Agricultural Products and for Other
Purposes
By the President of the United States of America
A Proclamation
1. 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'')).
2. 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 2023, 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. 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; 10326 of
December 23, 2021; 10509 of December 23, 2022; and
10692 of December 29, 2023, 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 October
31, 2024, the United States entered into an agreement
with Israel to extend the period that the 2004
Agreement is in force through December 31, 2025, 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
[[Page 105334]]
by the USIFTA, to provide duty-free access into the
United States through the close of December 31, 2025,
for specified quantities of certain agricultural
products of Israel, as provided in Annex I of this
proclamation.
3. Proclamation 10053 of June 29, 2020, implemented the
Agreement between the United States of America, the
United Mexican States, and Canada (USMCA) with respect
to the United States and, pursuant to section 103 of
the United States-Mexico-Canada Agreement
Implementation Act (the ``USMCA Implementation Act'')
(Public Law 116-113, 134 Stat. 11, 15-17 (19 U.S.C.
4513)), incorporated in the HTS the tariff
modifications and rules of origin necessary or
appropriate to carry out the USMCA.
4. In order to provide generally for the preferential
tariff treatment being accorded under the USMCA, to set
forth rules for determining whether goods imported into
the customs territory of the United States are eligible
for preferential tariff treatment under the USMCA, to
provide tariff-rate quotas with respect to certain
originating goods of Canada, and to provide certain
other treatment to originating goods for purposes of
the USMCA, Proclamation 10053 modified the HTS as set
forth in Annex I of Publication 5060 of the United
States International Trade Commission (the
``Commission''), entitled ``Modifications to the
Harmonized Tariff Schedule of the United States to
Implement the United States-Mexico-Canada Agreement''
(Publication 5060), including by adding general note
11. Proclamation 10053 further modified the HTS to
reflect the termination of tariff treatment under the
North American Free Trade Agreement (NAFTA), as set
forth in Annex III of Publication 5060, including by
deleting general note 12.
5. In order to implement the initial stage of duty
reduction provided for in the USMCA, to provide for
future staged reductions in duties for originating
goods provided for in the USMCA, and to provide tariff-
rate quotas with respect to certain goods provided for
in the USMCA, Proclamation 10053 modified the HTS as
set forth in Annex II of Publication 5060.
6. A technical error was made in the modifications to
U.S. note 3(d) to subchapter II of chapter 98 of the
HTS, and certain references to general note 12 were
inadvertently not modified. I have determined that
additional modifications to the HTS are necessary or
appropriate to provide for the intended tariff
treatment under the USMCA, including certain technical
or conforming changes within the tariff schedule.
7. Proclamation 7987 of February 28, 2006, implemented
the Dominican Republic-Central America-United States
Free Trade Agreement (DR-CAFTA) 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 ``DR-CAFTA
Act'') (Public Law 109-53, 119 Stat. 462, 467 (19
U.S.C. 4001 note)), incorporated in the HTS the tariff
modifications and rules of origin necessary or
appropriate to carry out certain provisions of the DR-
CAFTA.
8. A rule of origin under the DR-CAFTA, found in
general note 29 to the HTS, contains a reference to
general note 12. Proclamation 10053 deleted general
note 12 but omitted a conforming change to the
reference in general note 29. I have determined that an
additional modification to the HTS is necessary or
appropriate to reflect this conforming change.
9. Section 602 of the Consolidated Appropriations Act,
2021 (Public Law 116-260, 134 Stat. 1182, 2152-54),
made technical corrections to other laws, including
replacing certain references to the NAFTA with
references to the USMCA in sections 112 and 113(b) of
the African Growth and Opportunity Act (the ``AGOA'')
(title I of Public Law 106-200, 114 Stat. 251, 258-265
(19 U.S.C. 3721, 3722(b))), as amended by the Africa
Investment Incentive Act of 2006 (title VI of Public
Law 109-432, 120 Stat. 2922, 3190-94), and in sections
212(a), 213(b), and 213A(b) of the Caribbean Basin
Economic Recovery Act (the ``CBERA'') (title II of
Public Law 98-67, 97 Stat. 369, 384-85, 388 (19 U.S.C.
2702(a)(1), 2703(b), 2703a(b))), as amended by the
United States-Caribbean Basin Trade Partnership Act
[[Page 105335]]
(title II of Public Law 106-200, 114 Stat. 251, 275-
288), the Haitian Hemispheric Opportunity through
Partnership Encouragement Act of 2006 (title V of
Public Law 109-432, 109 Stat. 2922, 3181-87), and the
Haitian Hemispheric Opportunity through Partnership
Encouragement Act of 2008 (subtitle D of Public Law
110-234, 122 Stat. 923, 1527-47).
10. I have determined that additional modifications to
the HTS are necessary or appropriate to provide for the
intended tariff treatment under the AGOA and the CBERA,
including certain technical or conforming changes
within the tariff schedule.
11. Section 104(c) of the Trade Preferences Extension
Act of 2015 (the ``TPEA'') (Public Law 114-27, 129
Stat. 362, 365 (19 U.S.C. 2466a note)) authorizes the
President to proclaim modifications that may be
necessary to add the special tariff treatment symbol
``D'' in the ``Special'' subcolumn of the HTS for each
article classified under a heading or subheading with
the special tariff treatment symbol ``A'' or ``A*'' in
the ``Special'' subcolumn of the HTS. Pursuant to
section 104(c) of the TPEA, Proclamation 9466 of June
30, 2016, modified the HTS to add the special tariff
treatment symbol ``D'' in the HTS as set forth in Annex
III of that proclamation.
12. The modifications to the HTS authorized in
Proclamation 9466 included certain technical errors. I
have determined that additional modifications to the
HTS are necessary or appropriate to provide for the
intended tariff treatment under the AGOA, as authorized
by section 104(c) of the TPEA, including certain
technical or conforming changes within the tariff
schedule.
13. Proclamation 6763 of December 23, 1994,
implemented, with respect to the United States, the
trade agreements resulting from the Uruguay Round of
multilateral trade negotiations, including Schedule XX-
United States of America, annexed to the Marrakesh
Protocol to the General Agreement on Tariffs and Trade
1994 (Schedule XX), that were entered into pursuant to
sections 1102(a) and (e) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (Public
Law 100-418, 102 Stat. 1107, 1126 (19 U.S.C. 2902(a)
and (e))), as amended by Public Law 103-49, 107 Stat.
239, and approved in section 101(a) of the Uruguay
Round Agreements Act (the ``URAA'') (Public Law 103-
465, 108 Stat. 4809, 4814-15 (19 U.S.C. 3511(a))).
14. Pursuant to the authority provided in section 111
of the URAA (19 U.S.C. 3521) and sections 1102(a) and
(e) of the 1988 Act (19 U.S.C. 2902(a) and (e)),
Proclamation 6763 included the staged reductions in
rates of duty that the President determined to be
necessary or appropriate to carry out the terms of
Schedule XX.
15. Section 1205(a) of the 1988 Act (102 Stat. 1150 (19
U.S.C. 3005(a))) directs the Commission to keep the HTS
under continuous review and to periodically 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.
16. Pursuant to sections 1205(c) and (d) of the 1988
Act (102 Stat. 1150-51 (19 U.S.C. 3005(c) and (d))), in
2010, 2015, 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'').
17. Section 1206(a) of the 1988 Act (102 Stat. 1151 (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.
18. Proclamation 8771 of December 29, 2011,
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
[[Page 105336]]
Proclamation 8771, Proclamation 9549, and Proclamation
10326 each included certain technical errors.
19. Proclamation 8771 incorrectly modified the column 2
rate of duty for subheadings 0401.40.25 and 0401.50.25,
and the ``General'' subcolumn rate of duty for column 1
and the column 2 rate of duty for subheading
6505.00.01. I have determined that additional
modifications to the HTS are necessary or appropriate
to provide for the intended tariff treatment.
20. Proclamation 9549 and Proclamation 10326 each
created certain new subheadings with the special tariff
treatment symbol ``A'' or ``A*'' in the ``Special''
subcolumn of the HTS, but omitted the special tariff
treatment symbol ``D''. I have determined that
additional modifications to the HTS are necessary or
appropriate to provide for the intended tariff
treatment under the AGOA, including certain technical
or conforming changes within the tariff schedule.
21. Proclamation 10326 also included technical errors
with respect to other subheadings. I have determined
that additional modifications to the HTS are necessary
or appropriate to provide for the intended tariff
treatment, including the tariff treatment previously
proclaimed in Proclamation 6763.
22. In Proclamation 9705 of March 8, 2018, pursuant to
section 232 of the Trade Expansion Act of 1962, as
amended (the ``Trade Expansion Act'') (Public Law 87-
794, 76 Stat. 872, 877 (19 U.S.C. 1862)), the President
concurred with the finding of the Secretary of Commerce
that steel articles, as defined in clause 1 of
Proclamation 9705 (as amended by clause 8 of
Proclamation 9711 of March 22, 2018), are being
imported into the United States in such quantities and
under such circumstances as to threaten to impair the
national security of the United States, and decided to
adjust the imports of steel articles by imposing a 25
percent ad valorem tariff on such articles imported
from all countries except Canada and Mexico.
Proclamation 9740 of April 30, 2018, and Proclamation
9759 of May 31, 2018, modified the HTS to provide
quotas with respect to steel articles imported from
certain countries. Proclamation 10328 of December 27,
2021, Proclamation 10356 of March 31, 2022,
Proclamation 10406 of May 31, 2022, and Proclamation
10691 of December 28, 2023, modified the HTS to provide
tariff-rate quotas with respect to steel articles
imported from certain countries.
23. On July 1, 2024, the Commission, in cooperation
with the interagency Committee for Statistical
Annotation of Tariff Schedules, implemented certain
changes in 10-digit statistical reporting categories of
the HTS under section 484(f) of the Tariff Act of 1930
(ch. 497, 46 Stat. 590, 723 (19 U.S.C. 1484(f))), as
amended by section 637 of the North American Free Trade
Agreement Implementation Act (Public Law 103-182, 107
Stat. 2057, 2202). I have determined that certain
conforming amendments to the HTS are necessary in order
to ensure the maintenance of duty rates, quotas, and
tariff-rate quotas for steel articles under tariff
categories that were modified.
24. Section 604 of the Trade Act of 1974, as amended
(the ``Trade Act'') (Public Law 93-618, 88 Stat. 1978,
2073 (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, 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 4(b) of the USIFTA Implementation
Act, section 104(c) of the TPEA, section 1206(a) of the
1988 Act, section 232 of the Trade Expansion Act, and
section 604 of the Trade Act, do proclaim that:
(1) In order to implement tariff commitments under the 2004 Agreement
through December 31, 2025, the HTS is modified as set forth in Annex I of
this proclamation.
[[Page 105337]]
(2) 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.
(3) In order to make the modifications and technical rectifications to the
HTS described in paragraphs 3 through 24 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.
(4) 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
twentieth day of December, in the year of our Lord two
thousand twenty-four, and of the Independence of the
United States of America the two hundred and forty-
ninth.
(Presidential Sig.)
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[FR Doc. 2024-31353
Filed 12-26-24; 8:45 am]
Billing code 7020-02-C