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

 
Proclamation 9388 of January 11, 2016

To Take Certain Actions Under the African Growth and Opportunity Act

By the President of the United States of America

A Proclamation

1. In Proclamation 7350 of October 2, 2000, the President designated the
Republic of South Africa (South Africa) 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 (title I of Public Law
106-200) (AGOA).
2. Sections 506A(d)(4)(C) (19 U.S.C. 2466a(d)(4)(C)) and 506A(c)(1) (19
U.S.C. 2466a(c)(1)) of the 1974 Act authorize the President to suspend
the application of duty-free treatment provided for any article
described in section 506A(b)(1) of the 1974 Act (19 U.S.C. 2466a(b)(1))
or 19 U.S.C. 3721 with respect to a beneficiary sub-Saharan African
country if he determines that the beneficiary country is not meeting the

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requirements described in section 506A(a)(1) of the 1974 Act and that
suspending such duty-free treatment would be more effective in promoting
compliance by the country with those requirements than terminating the
designation of the country as a beneficiary sub-Saharan African country
for purposes of section 506A of the 1974 Act.
3. Pursuant to section 506A(c)(1) of the 1974 Act, I have determined
that South Africa is not meeting the requirements described in section
506A(a)(1) of the 1974 Act and that suspending the application of duty-
free treatment to certain goods would be more effective in promoting
compliance by South Africa with such requirements than terminating the
designation of South Africa as a beneficiary sub-Saharan African
country. Accordingly, I have decided to suspend the application of duty-
free treatment for all AGOA-eligible goods in the agricultural sector
from South Africa for purposes of section 506A of the 1974 Act,
effective on March 15, 2016.
4. 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.
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
sections 506A(d)(4)(C), 506A(c)(1), and 604 of the 1974 Act, do proclaim
that:
(1) The application of duty-free treatment for all AGOA-eligible
goods in the agricultural sector from South Africa is suspended for
purposes of section 506A of the 1974 Act, effective on March 15, 2016.
(2) In order to reflect in the HTS that beginning on March 15, 2016,
the application of duty-free treatment for all AGOA-eligible goods in
the agricultural sector from South Africa shall be suspended, the HTS is
modified as set forth in the Annex to this proclamation.
(3) 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 eleventh day of
January, in the year of our Lord two thousand sixteen, and of the
Independence of the United States of America the two hundred and
fortieth.
BARACK OBAMA


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