[United States Statutes at Large, Volume 129, 114th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9333 of September 30, 2015

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. Pursuant to sections 501 and 503(a)(1)(B) of the Trade Act of 1974,
as amended (the ``1974 Act'') (19 U.S.C. 2461 and 2463(a)(1)(B)), the
President may designate certain articles as eligible for preferential
tariff treatment under the Generalized System of Preferences (GSP) when
imported from a least-developed beneficiary developing country if, after
receiving the advice of the United States International Trade Commission
(the ``Commission''), the President determines that such articles are
not import-sensitive in the context of imports from least-developed
beneficiary developing countries.
2. Pursuant to sections 501, 503(a)(1)(B), and 503(b)(5) of the 1974
Act, as amended (19 U.S.C. 2461, 2463(a)(1)(B), and 2463(b)(5)), and
after receiving advice from the Commission in accordance with section
503(e) of the 1974 Act (19 U.S.C. 2463(e)), I have determined to
designate certain articles as eligible articles when imported from a
least-developed beneficiary developing country.
3. 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 (19 U.S.C. 2461 and 2462), 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 (19 U.S.C. 2463(c)(2)(A)) during
the preceding calendar year.
4. 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 previously had been imported in quantities exceeding the
competitive need limitations of section 503(c)(2)(A) of the 1974 Act.
5. Section 503(d)(4)(B)(ii) of the 1974 Act (19 U.S.C.
2463(d)(4)(B)(ii)) provides that the President should revoke any waiver
of the application of the competitive need limitations that has been in
effect with respect to an article for 5 years or more if the beneficiary
developing country has exported to the United States during the
preceding calendar year an amount that exceeds the quantity set forth in
section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of the 1974
Act (19 U.S.C. 2463(d)(4)(B)(ii)(I) and 19 U.S.C.
2463(d)(4)(B)(ii)(II)).

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6. Pursuant to section 503(d)(4)(B)(ii) of the 1974 Act, I have
determined that in 2014 certain beneficiary developing countries
exported eligible articles for which a waiver has been in effect for 5
years or more in quantities exceeding the applicable limitation set
forth in section 503(d)(4)(B)(ii)(I) or section 503(d)(4)(B)(ii)(II) of
the 1974 Act, and I therefore revoke said waivers.
7. 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 such article into the United States during the preceding
calendar year does not exceed an amount set forth in section
503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
8. 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.
9. 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 with respect to any
eligible article from any beneficiary developing country if certain
conditions are met.
10. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the Commission on whether any industry in the United States is
likely to be adversely affected by waivers of the competitive need
limitations provided in section 503(c)(2) of the 1974 Act, and I have
determined, based on that advice and on the considerations described in
sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)) and
after giving 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 certain eligible articles
from certain beneficiary developing countries.
11. 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.
12. Pursuant to section 502(e) of the 1974 Act, I have determined that
Seychelles, Uruguay, and Venezuela have become ``high income''
countries. Accordingly, I am terminating the designation of these
countries as beneficiary developing countries for purposes of the GSP,
effective January 1, 2017, and I will so notify the Congress under
section 502(f) of the 1974 Act (19 U.S.C. 2462(f)).
13. Section 506A(a)(1) of the 1974 Act (19 U.S.C. 2466a(a)(1))
authorizes the President to designate a country listed in section 107 of
the African Growth and Opportunity Act (AGOA) (19 U.S.C. 3706) as a

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beneficiary sub-Saharan African country eligible for the benefits
described in section 506A(b) of the 1974 Act (19 U.S.C. 2466a(b)), if
the President determines that the country meets the eligibility
requirements set forth in section 104 of the AGOA (19 U.S.C. 3703) and
the eligibility criteria set forth in section 502 of the 1974 Act,
subject to the authority granted to the President under subsections (a),
(d), and (e) of section 502 of the 1974 Act.
14. Pursuant to section 502(e) of the 1974 Act, I have determined that
Seychelles has become a ``high income'' country and its designation as a
beneficiary sub-Saharan African country is no longer within the
authority granted to the President under section 502 of the 1974 Act.
Accordingly, pursuant to section 506A(a)(1) of the 1974 Act (19 U.S.C.
2466a(a)(1)), I have determined that Seychelles is no longer eligible
for benefits as a beneficiary sub-Saharan African country for the
purpose of section 506A of the 1974 Act, effective January 1, 2017.
15. 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 that 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.
16. The short form name of ``Macedonia, Former Yugoslav Republic of''
has been changed to ``Macedonia,'' and I have determined that general
note 4(a) to the HTS should be modified to reflect this change.
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, do proclaim that:
(1) In order to designate certain articles as eligible articles only
when imported from a least-developed beneficiary developing country for
purposes of the GSP, the Rates of Duty 1-Special subcolumn for the
corresponding HTS subheadings is modified as set forth in section A of
Annex I to this proclamation.
(2) 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 section B of Annex I to this proclamation.
(3) 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 C of Annex I to this
proclamation.
(4) In order to reflect the change in the name of the Former Yugoslav
Republic of Macedonia, general note 4(a) to the HTS is modified as
provided in section D of Annex I to this proclamation.
(5) The modifications to the HTS set forth in Annex I 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 relevant sections of Annex I.

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(6) 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 listed in Annex II to this proclamation, effective
October 1, 2015.
(7) A waiver of the application of section 503(c)(2) of the 1974 Act
shall apply to the articles in the HTS subheadings and to the
beneficiary developing countries set forth in Annex III to this
proclamation, effective October 1, 2015.
(8) The designation of Seychelles as a beneficiary developing country
for purposes of the GSP is terminated, effective on January 1, 2017.
(9) In order to reflect this termination in the HTS, general note 4(a)
to the HTS is modified by deleting ``Seychelles'' from the list of
independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2017.
(10) The designation of Seychelles as a beneficiary sub-Saharan African
country for purposes of the AGOA is terminated, effective on January 1,
2017.
(11) In order to reflect this termination in the HTS, general note 16(a)
to the HTS is modified by deleting ``Republic of Seychelles'' from the
list of beneficiary sub-Saharan African countries, effective with
respect to articles entered, or withdrawn from warehouse for
consumption, on or after January 1, 2017.
(12) The designation of Uruguay as a beneficiary developing country for
purposes of the GSP is terminated, effective on January 1, 2017.
(13) In order to reflect this termination in the HTS, general note 4(a)
to the HTS is modified by deleting ``Uruguay'' from the list of
independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2017.
(14) The designation of Venezuela as a beneficiary developing country
for purposes of the GSP is terminated, effective on January 1, 2017.
(15) In order to reflect this termination in the HTS, general note 4(a)
to the HTS is modified by deleting ``Venezuela'' from the list of
independent countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2017.
In addition, 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 E of Annex I to this proclamation, effective on such
date.
(16) 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 thirtieth day of
September, in the year of our Lord two thousand fifteen, and of the
Independence of the United States of America the two hundred and
fortieth.
BARACK OBAMA


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