[United States Statutes at Large, Volume 127, 113th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 9072--DEC. 23, 2013

Proclamation 9072 of December 23, 2013

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 8921 of December 20, 2012, I determined that the
Republic of Mali (Mali) was not making continual progress in meeting the
requirements described in section 506A(a)(1) of the Trade Act of 1974,
as amended (the ``1974 Act''), as added by section 111(a) of the African
Growth and Opportunity Act (title I of Public Law 106-200) (AGOA). Thus,
pursuant to section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)),
I terminated the designation of Mali as a beneficiary sub-Saharan
African country for purposes of section 506A of the 1974 Act.
2. Section 506A(a)(1) of the 1974 Act authorizes the President to
designate a country listed in section 107 of the AGOA (19 U.S.C. 3706)
as a ``beneficiary sub-Saharan African country'' if the President
determines that the country meets the eligibility requirements set forth
in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility
criteria set forth in section 502 of the 1974 Act (19 U.S.C. 2462).
3. Based on actions that the Government of Mali has taken over the past
year, pursuant to section 506A(a)(1) of the 1974 Act, I have determined
that Mali meets the eligibility requirements set forth in section 104 of
the AGOA and section 502 of the 1974 Act, and I have decided to
designate Mali as a beneficiary sub-Saharan African country.
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 the United States-Israel Free
Trade Area Implementation Act of 1985 (the ``USIFTA Act'') (19 U.S.C.
2112 note).



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5. 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.
6. 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'').
7. In 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.
8. Each year from 2008 through 2012, 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.
9. To carry out the extension agreements, the President in Proclamation
8334 of December 31, 2008; Proclamation 8467 of December 23, 2009;
Proclamation 8618 of December 21, 2010; Proclamation 8770 of December
29, 2011; and Proclamation 8921 of December 20, 2012, 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.
10. On November 26, 2013, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force
through December 31, 2014, to allow for further negotiations on an
agreement to replace the 2004 Agreement.
11. 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, 2014, for specified quantities of
certain agricultural products of Israel.
12. Presidential Proclamation 8783 of March 6, 2012, implemented the
United States-Korea Free Trade Agreement (USKFTA) with respect to the
United States and, pursuant to the United States-Korea Free Trade
Agreement Implementation Act (the ``Implementation Act'') (Public Law
112-41, 125 Stat. 428), incorporated into the HTS the schedule of duty
reductions and rules of origin necessary or appropriate to carry out the
USKFTA.
13. In Presidential Proclamation 8771 of December 29, 2011, pursuant to
the authority provided in section 1206(a) of the Omnibus Trade and




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Competitiveness Act of 1988 (19 U.S.C. 3006(a)), I modified the HTS to
reflect amendments to the International Convention on the Harmonized
Commodity Description and Coding System (the ``Convention'').
14. Section 202 of the Implementation Act provides rules for determining
whether goods imported into the United States originate in the territory
of a Party to the USKFTA and thus are eligible for the tariff and other
treatment contemplated under the Agreement. Section 202(o) of the
Implementation Act authorizes the President to proclaim, as part of the
HTS, the rules of origin set out in the USKFTA and to proclaim any
modifications to such previously proclaimed rules of origin, subject to
the exceptions stated in section 202(o)(2)(A) of the Implementation Act.
15. Because the USKFTA was negotiated under the 2002 HTS nomenclature,
the United States and Korea agreed to modify certain specific rules of
origin in the USKFTA to ensure that the tariff and certain other
treatment accorded under the Agreement to originating goods will
continue to be provided under the tariff categories that were modified
in Proclamation 8783.
16. In order to implement the agreed modifications to the rules of
origin in the USKFTA and ensure the continuation of such staged
reductions in rates of duty for originating goods under tariff
categories that have been modified to reflect the amendments to the
Convention, I have determined that additional modifications to the HTS
are necessary or appropriate to ensure that the duty reductions
previously proclaimed are applied.
17. Section 212 of the Caribbean Basin Economic Recovery Act (CBERA) (19
U.S.C. 2702), as amended by the Caribbean Basin Trade Partnership Act
(CBTPA) (Public Law 106-200), authorizes the President to designate
certain countries, territories, or successor political entities as
beneficiary countries for the purposes of the CBERA and CBTPA.
18. Section 211 of the CBTPA provides that certain preferential tariff
treatment may be provided to eligible articles that are the product of
any country that the President designates as a ``CBTPA beneficiary
country'' pursuant to section 213(b)(5)(B) of the CBERA (19 U.S.C.
2703(b)(5)(B)), provided that the President determines that the country
has satisfied the requirements of section 213(b)(4)(A)(ii) (19 U.S.C.
2703(b)(4)(A)(ii)) relating to the implementation of procedures and
requirements similar to those in chapter 5 of the North American Free
Trade Agreement (NAFTA).
19. In Proclamation 7351 of October 2, 2000, the President authorized
the United States Trade Representative (USTR) to perform the functions
specified in section 213(b)(4)(A)(ii) of the CBERA and certain functions
under section 604 of the 1974 Act (19 U.S.C. 2483) for each beneficiary
country designated in that proclamation pursuant to section 213(b)(5)(B)
of the CBERA.
20. Cura[ccedil]ao is a successor political entity to The Netherlands
Antilles and has expressed its desire to be designated as a beneficiary
country under the CBERA and CBTPA. As a successor political entity,
Cura[ccedil]ao was not included in Proclamation 7351.



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21. Pursuant to section 212(b) and (c) and 213(b)(5)(B) of the CBERA (19
U.S.C. 2702(b) and (c) and 19 U.S.C. 2703(b)(5)(B)), I have determined
that Cura[ccedil]ao meets the eligibility requirements set forth in
those sections. Accordingly, pursuant to section 212(b) and 213(b) of
the CBERA, and after taking into account the factors enumerated in
section 212(b) and (c) of the CBERA (19 U.S.C. 2702(b) and (c)), I have
decided to designate Cura[ccedil]ao as a beneficiary country for
purposes of the CBERA and CBTPA. In addition, pursuant to section
212(a)(1)(A) of the CBERA, I am notifying the Congress of my intention
to designate Cura[ccedil]ao as a beneficiary country under the CBERA and
CBTPA, and communicating the considerations entering into my decision.
22. The preferential treatment extended pursuant to the Andean Trade
Preference Act (ATPA) (19 U.S.C. 3201-3206, as amended) expired on July
31, 2013. As a result, I have determined that certain modifications to
the HTS are required to reflect this status.
23. Presidential Proclamation 7746 of December 30, 2003, implemented the
United States-Chile Free Trade Agreement (USCFTA) with respect to the
United States and, pursuant to the United States-Chile Free Trade
Agreement Implementation Act (19 U.S.C. 3805 note), incorporated in the
HTS the schedule of duty reductions and rules of origin necessary or
appropriate to carry out the USCFTA. Those modifications to the HTS were
set out in Publication 3652 of the U.S. International Trade Commission,
which was incorporated by reference into Proclamation 7746.
24. Annex II of Publication 3652 contained a typographical error that
needs to be corrected. I have determined that a modification to the HTS
is necessary to correct this typographical error and to provide the
intended tariff treatment.
25. 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
taken 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
section 301 of title 3, United States Code, title V and section 604 of
the 1974 Act, section 104 of the AGOA, section 4 of the USIFTA Act,
section 202 of the Implementation Act, and sections 212 and 213 of the
CBERA, do proclaim that:
(1) Mali is designated as a beneficiary sub-Saharan African country.
(2) In order to reflect this designation in the HTS, general note
16(a) to the HTS is modified by inserting in alphabetical sequence in
the list of beneficiary sub-Saharan African countries ``Republic of Mali
(Mali).''
(3) In order to implement U.S. tariff commitments under the 2004
Agreement through December 31, 2014, the HTS is modified as provided in
Annex I to this proclamation.
(4)(a) The modifications to the HTS set forth in Annex I to this
proclamation shall be effective with respect to eligible agricultural
products of Israel that are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2014.



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(b) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex I to this proclamation, shall continue in effect
through December 31, 2014.

(5) In order to reflect in the HTS the modifications to the rules of
origin under the USKFTA, general note 33 to the HTS is modified as set
forth in Annex II to this proclamation.
(6) The modifications to the HTS set forth in Annex II to this
proclamation shall be effective with respect to goods that are entered
or withdrawn from warehouse for consumption, on or after January 1,
2014.
(7) Cura[ccedil]ao is designated as an eligible beneficiary country
for the purposes of the CBERA and CBTPA.
(8) In order to reflect Cura[ccedil]ao's designation as a
beneficiary country for the purposes of the CBERA, general note 7(a) to
the HTS is modified by inserting in alphabetical sequence
``Cura[ccedil]ao.''
(9) In order to implement Cura[ccedil]ao's designation as a CBTPA
beneficiary country, the USTR is authorized to determine whether
Cura[ccedil]ao has satisfied the requirements of section
213(b)(4)(A)(ii) of the CBERA relating to the implementation of
procedures and requirements similar in all material respects to those in
chapter 5 of the NAFTA. To implement such determination, the USTR is
authorized to exercise the authority provided to the President under
section 604 of the 1974 Act to embody modifications and technical and
conforming changes in the HTS. The determination of the USTR under this
paragraph shall be set forth in a notice that the USTR shall cause to be
published in the Federal Register. Such notice shall modify general note
17 of the HTS by including Cura[ccedil]ao in the list of CBTPA
beneficiary countries.
(10) In order to reflect the expiration of the ATPA, the HTS is
modified as set forth in Annex III to this proclamation.
(11) The modifications to the HTS set forth in Annex III to this
proclamation shall be effective with respect to goods that are entered,
or withdrawn from warehouse for consumption, on or after July 31, 2013.
(12) In order to provide the intended tariff treatment to goods of
Chile under the terms of general note 26, the HTS is modified as set
forth in Annex IV to this proclamation.
(13) The modifications to the HTS set forth in Annex IV to this
proclamation shall be effective with respect to goods that are entered
or withdrawn from warehouse for consumption, on or after January 1,
2004.
(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-third
day of December, in the year of our Lord two thousand thirteen, and of
the Independence of the United States of America the two hundred and
thirty-eighth.
BARACK OBAMA




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