[United States Statutes at Large, Volume 130, 114th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9383 of December 21, 2015

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 7970 of December 22, 2005, the President designated
the Republic of Burundi (Burundi) as a beneficiary sub-Saharan African
country for purposes of section 506A(a)(1) of the Trade Act of 1974 (the
``1974 Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (AGOA) (title I of Public Law 106-
200).
2. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)),
authorizes the President to terminate the designation of a country as a
beneficiary sub-Saharan African country for purposes of section 506A, if
he determines that the country is not making continual progress in
meeting the requirements described in section 506A(a)(1) of the 1974
Act.
3. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that Burundi is not making continual progress in meeting the
requirements described in section 506A(a)(1) of the 1974 Act.
Accordingly, I have decided to terminate the designation of Burundi as a
beneficiary sub-Saharan African country for purposes of section 506A of
the 1974 Act, effective on January 1, 2016.
4. Schedule XX, as defined by 19 U.S.C. 3501(5), sets forth certain
tariff-rate quotas. To implement these tariff-rate quotas, section
404(a) of the Uruguay Round Agreements Act (19 U.S.C. 3601(a)) requires
the President ``to take such action as may be necessary to ensure that
imports of agricultural products do not disrupt the orderly marketing of
commodities in the United States.''
5. I have determined that, in order to reduce administrative burden and
encourage electronic administration of the quota classifications of
sugars, syrups, and molasses (sugar), and to avoid the disruption of the
orderly marketing of sugar, it is necessary to add additional tariff
lines to Chapter 99 of the Harmonized Tariff Schedule (HTS) of the
United States as provided for in Annex I of this proclamation.
6. Presidential Proclamation 8294 of September 26, 2008, implemented
amendments to the Burmese Freedom and Democracy Act of 2003 (the
``BFDA'') (Public Law 108-61), as amended by section 6(a) of the Tom
Lantos Block Burmese JADE Act of 2008 (Public Law 110-286). That
proclamation, in part, modified the HTS to include additional U.S. Note
4 to chapter 71 of the HTS, which prohibited the importation of certain
goods of Burma. The BFDA, as amended, expired on July 28, 2013.
7. Executive Order 13651 of August 6, 2013, as authorized by the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and
the National Emergencies Act (50 U.S.C. 1601 et seq.), prohibits the
importation into the United States of any jadeite or rubies mined or
extracted from Burma and any articles of jewelry containing jadeite or
rubies mined or extracted from Burma on or after August 7, 2013. I have
determined that modifications to additional U.S. Note 4 to chapter 71 of
the HTS, as set forth in Annex II, are necessary to account for the

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expiration of the BFDA and the implementation of Executive Order 13651.
8. 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).
9. 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.
10. 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'').
11. 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, 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.
12. Each year from 2008 through 2014, 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.
13. 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; Proclamation 8921 of December 20, 2012; Proclamation 9072 of
December 23, 2013; and Proclamation 9223 of December 23, 2014, modified
the 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.
14. On December 8, 2015, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force
through December 31, 2016, to allow for further negotiations on an
agreement to replace the 2004 Agreement.
15. 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, 2016, for specified quantities of
certain agricultural products of Israel.

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16. In Presidential Proclamation 8921 of December 20, 2012, pursuant to
section 502(e) of the 1974 Act (19 U.S.C. 2462(e)), I determined that
The Federation of Saint Kitts and Nevis had become a high-income country
and terminated its designation as a beneficiary developing country for
purposes of the Generalized System of Preferences (GSP). General note
4(a) to the HTS erroneously continues to include ``St. Kitts and Nevis''
on the list of Member Countries of the Caribbean Common Market (CARICOM)
that are eligible for preferential tariff treatment under the GSP. I
have determined that a modification to the HTS is necessary to correct
this error and to provide the intended tariff treatment.
17. Presidential Proclamation 8894 of October 29, 2012, implemented the
United States-Panama Trade Promotion Agreement with respect to the
United States and, pursuant to the United States-Panama Trade Promotion
Agreement Implementation Act (Public Law 112-43, 125 Stat. 497),
modified the HTS to include the schedule of duty reductions necessary or
appropriate to carry out the United States-Panama Trade Promotion
Agreement. Those modifications to the HTS were set out in Publication
4349 of the International Trade Commission (Commission), entitled
Modifications to the Harmonized Tariff Schedule of the United States to
Implement the United States-Panama Trade Promotion Agreement, which was
incorporated by reference into Proclamation 8894. Annexes I and II to
that publication included technical errors that affected the tariff
treatment accorded to certain goods of Panama. I have determined that
modifications to the HTS are necessary to correct the technical errors.
18. Presidential Proclamation 8818 of May 14, 2012, implemented the
United States-Colombia Trade Promotion Agreement with respect to the
United States and, pursuant to the United States-Colombia Trade
Promotion Agreement Implementation Act (Public Law 112-42, 125 Stat.
462), modified the HTS to include the schedule of duty reductions
necessary or appropriate to carry out the United States-Colombia Trade
Promotion Agreement. Those modifications to the HTS were set out in
Publication 4320 of the Commission, entitled Modifications to the
Harmonized Tariff Schedule of the United States to Implement the United
States-Colombia Trade Promotion Agreement, which was incorporated by
reference into Proclamation 8818. Annex II to that publication included
a technical error that affected the tariff treatment accorded to certain
goods of Colombia. I have determined that modifications to the HTS are
necessary to correct the technical error.
19. Presidential Proclamation 8039 of July 27, 2006, implemented the
United States-Bahrain Free Trade Agreement with respect to the United
States and, pursuant to the United States-Bahrain Free Trade Agreement
Implementation Act (Public Law 109-169, 119 Stat. 3581), modified the
HTS to include the schedule of duty reductions necessary or appropriate
to carry out the United States-Bahrain Free Trade Agreement. Those
modifications to the HTS were set out in Publication 3830 of the
Commission, entitled Modifications to the Harmonized Tariff Schedule of
the United States to Implement the United States-Bahrain Free Trade
Agreement, which was incorporated by reference into Proclamation 8039.
Presidential Proclamation 9223 of December 23, 2014, created a new
subheading in chapter 29 of the HTS, but inadvertently omitted the
tariff treatment for goods of Bahrain previously accorded to these
covered goods under Proclamation 8039. I have determined

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that modifications to the HTS are necessary to correct the technical
error.
20. Presidential Proclamation 8783 of March 6, 2012, implemented the
United States-Korea Free Trade Agreement and, pursuant to the United
States-Korea Free Trade Agreement Implementation Act (Public Law 112-41,
125 Stat. 428), modified the HTS to include the schedule of duty
reductions necessary or appropriate to carry out the United States-Korea
Free Trade Agreement. Those modifications to the HTS were set out in
Publication 4308 of the Commission, entitled Modifications to the
Harmonized Tariff Schedule of the United States to Implement the United
States-Korea Free Trade Agreement, which was incorporated by reference
into Proclamation 8783. Annex II to Publication 4308 incorrectly stated
certain staged reductions in rates of duty for originating goods of
Korea classified in chapter 17 of the HTS. I have determined that
modifications to the HTS are necessary to correct the technical errors.
21. 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, continuation, 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 506A(a)(3) of the 1974 Act, 19 U.S.C. 3601(a), 50 U.S.C. 1701 et
seq., 50 U.S.C. 1601 et seq., section 4(b) of the USIFTA Act, section
502(e) of the 1974 Act, the United States-Panama Trade Promotion
Agreement Implementation Act, the United States-Colombia Trade Promotion
Agreement Implementation Act, the United States-Bahrain Free Trade
Agreement Implementation Act, the United States-Korea Free Trade
Agreement Implementation Act, and section 604 of the 1974 Act, do
proclaim that:
(1) The designation of Burundi as a beneficiary sub-Saharan African
country for purposes of section 506A of the 1974 Act is terminated,
effective on January 1, 2016.
(2) In order to reflect in the HTS that beginning on January 1,
2016, Burundi shall no longer be designated as a beneficiary sub-Saharan
African country, general note 16(a) to the HTS is modified by deleting
``Republic of Burundi'' from the list of beneficiary sub-Saharan African
countries.
(3) In order to ensure that imports of sugar do not disrupt the
orderly marketing of commodities in the United States, the HTS is
modified as set forth in Annex I to this proclamation.
(4) In order to implement Executive Order 13651 of August 6, 2013,
as authorized by the International Emergency Economic Powers Act and the
National Emergencies Act, the HTS is modified as provided in Annex II to
this proclamation.
(5) In order to implement U.S. tariff commitments under the 2004
Agreement through December 31, 2016, the HTS is modified as provided in
Annex III to this proclamation.
(6)(a) The modifications to the HTS set forth in Annex III to this
proclamation shall be effective with respect to eligible agricultural

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products of Israel that are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2016.
(b) The provisions of subchapter VII of chapter 99 of the HTS, as
modified by Annex III to this proclamation, shall continue in effect
through December 31, 2016.
(7) In order to make technical corrections necessary to provide the
intended tariff treatment to goods of St. Kitts and Nevis in accordance
with Presidential Proclamation 8921 of December 20, 2012, the HTS is
modified as set forth in Annex IV to this proclamation.
(8) In order to make technical corrections necessary to provide the
intended tariff treatment to goods of Panama in accordance with
Presidential Proclamation 8894 of October 29, 2012, the HTS is modified
as set forth in Annex IV to this proclamation.
(9) In order to make technical corrections necessary to provide the
intended tariff treatment to goods of Colombia in accordance with
Presidential Proclamation 8818 of May 14, 2012, the HTS is modified as
set forth in Annex IV to this proclamation.
(10) In order to make technical corrections necessary to provide the
intended tariff treatment to goods of Bahrain in accordance with
Presidential Proclamation 8039 of July 27, 2006, the HTS is modified as
set forth in Annex IV to this proclamation.
(11) In order to make technical corrections necessary to provide the
intended tariff treatment to goods of Korea in accordance with
Presidential Proclamation 8783 of March 6, 2012, the HTS is modified as
set forth in Annex IV to this proclamation.
(12) 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-first day of
December, 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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