[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

123 STAT. 3750
 
PROCLAMATION 8467--DEC. 23, 2009

Proclamation 8467 of December 23, 2009
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. Sections 501(1) and (4) of the Trade Act of 1974, as amended (the
``1974 Act'') (19 U.S.C. 2461(1) and (4)), provide that, in affording
duty-free treatment under the Generalized System of Preferences (GSP),
the President shall have due regard for, among other factors, the effect
such action will have on furthering the economic development of a
beneficiary developing country and the extent of the beneficiary
developing country's competitiveness with respect to eligible articles.
Section 502(c)(2) of the 1974 Act (19 U.S.C. 2462(c)(2)) provides that,
in determining whether to designate any country as a beneficiary
developing country for purposes of the GSP, the President shall take
into account various factors, including the country's level of economic
development, the country's per capita gross national product, the living
standards of its inhabitants, and any other economic factors he deems
appropriate. Section 502(d) of the 1974 Act (19 U.S.C. 2462(d))
authorizes the President to withdraw, suspend, or limit the application
of duty-free treatment under the GSP with respect to any country after
considering the factors set forth in sections 501 and 502(c) of the 1974
Act. 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 country, at least
60 days before termination, of the President's intention to terminate
the affected country's designation as a beneficiary developing country
for purposes of the GSP.

2. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides that the
President shall terminate the designation of a country as a beneficiary
developing country if the President determines that such country has
become a ``high income'' country as defined by the official statistics
of the International Bank for Reconstruction and Development.
Termination is effective on January 1 of the second year following the
year in which such determination is made.
3. Pursuant to section 502(e) of the 1974 Act, I have determined that
Croatia has become a ``high income'' country, and I am terminating the
designation of that country as a beneficiary developing country for
purposes of the GSP, effective January 1, 2011.
4. Pursuant to section 502(e) of the 1974 Act, I have determined that
Equatorial Guinea has become a ``high income'' country, and I am
terminating the designation of that country as a beneficiary developing
country for purposes of the GSP, effective January 1, 2011.
5. Section 502(a)(2) (19 U.S.C. 2462(a)(2)) of the 1974 Act provides
that the President may designate any beneficiary developing country as a
least-developed beneficiary developing country for purposes of the GSP,
based on the considerations in sections 501 and 502(c) of the 1974 Act
(19 U.S.C. 2461 and 19 U.S.C. 2462(c)).
6. Pursuant to section 502(d)(1) of the 1974 Act, and having considered
the factors set forth in sections 501 and 502(c) of the 1974 Act, I have

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determined that Cape Verde should be removed from the list of least-
developed beneficiary countries.
7. In Proclamation 8272 of June 30, 2008, the President determined that
Trinidad and Tobago had become a ``high income'' country, and the
designation of Trinidad and Tobago as a beneficiary developing country
for purposes of the GSP shall be terminated, effective January 1, 2010.
I have determined that technical rectifications should be made to the
Harmonized Tariff Schedule of the United States (HTS) to reflect that
determination.
8. Pursuant to sections 501 and 502(a)(1) of the 1974 Act, the President
is authorized to designate countries as beneficiary developing countries
for purposes of the GSP and to provide duty-free treatment for eligible
articles from beneficiary developing counties.
9. In Proclamation 6813 of July 28, 1995, the President suspended the
designation of the Republic of Maldives (Maldives) as a beneficiary
developing country under the GSP.
10. Pursuant to sections 501 and 502(a) of the 1974 Act, and taking into
account the factors set forth in sections 501 and 502(c), I have
determined that it is appropriate to terminate the suspension of
preferential treatment under the GSP for articles that are currently
eligible for such treatment and that are imported from Maldives and to
redesignate Maldives as a beneficiary developing country for purposes of
the GSP.
11. 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 the United States-
Israel Free Trade Area Implementation Act of 1985 (the ``USIFTA Act'')
(19 U.S.C. 2112 note).
12. 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.
13. 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 (the ``2004
Agreement'').
14. In Presidential Proclamation 7826 of October 4, 2004, consistent
with the 2004 Agreement, the President determined, pursuant to section
4(b) of the USIFTA Act, that it was 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 December 31, 2008, for specified
quantities of certain agricultural products of Israel.

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15. On December 10, 2008, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force
through December 31, 2009, to allow additional time for the two
governments to conclude an agreement to replace the 2004 Agreement.
16. In Presidential Proclamation 8334 of December 31, 2008, the
President determined that it was necessary in order to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Israel provided for by the USIFTA to extend such duty-free
treatment through December 31, 2009. In Proclamation 8334, the President
modified the HTS to provide duty-free access into the United States
through December 31, 2009, for specified quantities of certain
agricultural products of Israel. In Proclamation 8405 of August 31,
2009, I further modified the HTS to provide the intended tariff
treatment.
17. On December 6, 2009, the United States entered into a further
agreement with Israel to extend the period that the 2004 Agreement is in
force through December 31, 2010, to allow for further negotiations on an
agreement to replace the 2004 Agreement.
18. 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, 2010, for specified quantities of
certain agricultural products of Israel.
19. Presidential Proclamation 6641 of December 15, 1993, implemented the
North American Free Trade Agreement (NAFTA) with respect to the United
States and, pursuant to the North American Free Trade Agreement
Implementation Act (the ``NAFTA Implementation Act'') (Public Law 103-
182), incorporated in the HTS the schedule of duty reductions and rules
of origin necessary or appropriate to carry out the NAFTA.
20. Section 202 of the NAFTA Implementation Act (19 U.S.C. 3332)
provides rules for determining whether goods imported into the United
States originate in the territory of a NAFTA party and thus are eligible
for the tariff and other treatment contemplated under the NAFTA.
21. Presidential Proclamation 8405 of August 31, 2009, modified the HTS
to provide for modifications to the rules of origin under the NAFTA. I
have determined that technical corrections to the HTS are necessary to
provide for the intended rules of origin.
22. Presidential Proclamation 7747 of December 30, 2003, implemented the
United States-Singapore Free Trade Agreement (USSFTA) with respect to
the United States, including certain rules for determining whether a
good is an originating good for the purposes of implementing tariff
treatment under the USSFTA. I have determined that certain rules of
origin under the USSFTA were inadvertently deleted in the HTS and that
technical rectifications to the HTS are necessary to restore the
intended rules of origin.
23. Presidential Proclamation 7746 of December 30, 2003, implemented the
United States-Chile Free Trade Agreement (USCFTA) with respect to the
United States, including certain rules for determining whether a good is
an originating good for the purposes of implementing tariff treatment
under the USCFTA. I have determined that technical correc-

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tions to the HTS are necessary to provide for the intended rules of
origin.
24. Presidential Proclamations 7987 of February 28, 2006; 7991 of March
24, 2006; 7996 of March 31, 2006; 8034 of June 30, 2006; 8111 of
February 28, 2007; and 8331 of December 23, 2008, implemented the
Dominican Republic-Central America-United States Free Trade Agreement
(CAFTA-DR) with respect to the United States, including certain rules
for determining whether a good is an originating good for the purposes
of implementing tariff treatment under the CAFTA-DR. Section
203(f)(3)(A)(ii) of the Dominican Republic-Central America-United States
Free Trade Agreement Implementation Act (the ``CAFTA-DR Act'') (19
U.S.C. 4033) provides rules of origin for certain yarns described in
section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act (19
U.S.C. 3203(b)(3)(B)(vi)(IV)) (as in effect on the date of enactment of
the CAFTA-DR Act).
25. Presidential Proclamations 8097 of December 29, 2006, and 8240 of
April 17, 2008, modified the HTS pursuant to section 1206(a) of the
Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3006(a)) to
conform it to amendments in the International Convention on the
Harmonized Commodity Description and Coding System (the ``Convention'').
They contained certain modifications that affected the rules of origin
under the Andean Trade Preference Act. Modifications to the HTS are
necessary to conform the rules of origin for certain yarns described in
section 204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act to the
Convention. I have determined that additional conforming changes to the
HTS are necessary to provide for the intended rules of origin under the
CAFTA-DR.
26. 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 that Act, and of other Acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, BARACK OBAMA, 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
title V and section 604 of the 1974 Act and section 4 of the USIFTA Act,
do proclaim that:
(1) The designation of Croatia as a beneficiary developing country for
purposes of the GSP is terminated, effective on January 1, 2011.
(2) In order to reflect this termination in the HTS, general note 4(a)
of the HTS is modified by deleting ``Croatia'' from the list of
independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2011.
(3) The designation of Equatorial Guinea as a beneficiary developing
country for purposes of the GSP is terminated, effective on January 1,
2011.
(4) In order to reflect this termination in the HTS, general note 4(a)
of the HTS is modified by deleting ``Equatorial Guinea'' from the list
of independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2011.
General note 4(b)(i) of the HTS is modified by deleting ``Equatorial
Guinea'' from the list of least-developed beneficiary developing

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countries, effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after January 1, 2011.
(5) In order to reflect in the HTS the termination of the designation of
Cape Verde as a least-developed beneficiary developing country for
purposes of the GSP, general note 4(b)(i) of the HTS is modified by
deleting ``Cape Verde'' from the list of least-developed beneficiary
developing countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2010.
(6) In order to reflect in the HTS the termination of the designation of
Trinidad and Tobago as a beneficiary developing country for purposes of
the GSP, general note 4(d) and general note 4(a) to the HTS, and the
Rate of Duty 1-Special subcolumn for HTS subheading 7411.21.50, are
modified as set forth in Annex I to this proclamation.
(7) In order to reflect in the HTS the redesignation of Maldives as a
beneficiary developing country under the GSP, general note 4(a) is
modified by adding in alphabetical order ``Maldives'' to the list of
``Independent Countries'' and by adding in alphabetical order
``Maldives'' to the list of ``Member Countries of the South Asian
Association for Regional Cooperation (SAARC).''
(8) In order to make technical corrections and rectifications necessary
to provide the intended rules of origin under the NAFTA, the USSFTA, and
the USCFTA, the HTS is modified as set forth in Annex II to this
proclamation.
(9) In order to reflect modifications to the HTS made to conform the
rules of origin for certain yarns described in section
204(b)(3)(B)(vi)(IV) of the Andean Trade Preference Act to the
Convention, general note 29 of the HTS is modified as set forth in Annex
II to this proclamation.
(10) The modifications to the HTS set forth in Annexes I and II to this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after the dates set
forth in the respective annex.
(11) In order to implement U.S. tariff commitments under the 2004
Agreement through December 31, 2010, the HTS is modified as provided in
Annex III to this proclamation.
(12)(a) The modifications to the HTS made by Annex III to this
proclamation shall be effective with respect to goods that are the
product of Israel and are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2010.
(b) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex III to this proclamation, shall continue in effect
through December 31, 2010.
(13) 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-third day of
December, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA

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