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

 
Proclamation 9466 of June 30, 2016

To Implement the World Trade Organization Declaration on the Expansion
of Trade in Information Technology Products and for Other Purposes

By the President of the United States of America

A Proclamation

1. On July 28, 2015, the United States and other Members of the World
Trade Organization (WTO) issued a Declaration on the Expansion of Trade
in Information Technology Products (Declaration), which established a
framework for eliminating duties on certain information and
communication technology products. These products include advanced
semiconductors, medical equipment, and a range of audio and video
equipment. The Declaration sets forth commitments for immediate or
staged elimination of duties on the covered products, expanding on duty-
elimination commitments set forth in the 1996 Declaration on Trade in
Information Technology Products, which the United States implemented in
Proclamation 7011 of June 30, 1997.
2. On December 16, 2015, the United States and other WTO Members issued
a Ministerial Declaration in which ministers endorsed the Declaration of
July 28, 2015, and acknowledged that the conditions for implementation
had been met.

3. Section 111(b) of the Uruguay Round Agreements Act (URAA) (19 U.S.C.
3521(b)) authorizes the President to proclaim the modification of any
duty or staged rate reduction of any duty set forth in Schedule XX for
products in tariff categories that were the subject of reciprocal duty
elimination or harmonization negotiations during the Uruguay Round, if
the United States agrees to such action in a multilateral negotiation
under the auspices of the WTO, and after compliance with the
requirements of section 115 of the URAA (19 U.S.C. 3524). The products
covered by the Declaration were the subject of reciprocal duty
elimination negotiations during the Uruguay Round, and the requirements
of section 115 of the URAA have been met.
4. Accordingly, pursuant to section 111(b) of the URAA, I have
determined to proclaim modifications to the tariff categories and rates
of duty set forth in the Harmonized Tariff Schedule (HTS), as set forth
in Annexes I and II to this proclamation.
5. Section 103(a) of the Trade Preferences Extension Act of 2015 (TPEA)
(Public Law 114-27) amended section 506B of the Trade Act of 1974 (the
``1974 Act'') (19 U.S.C. 2466b) and section 103(b)(1) amended section
112(g) of the African Growth and Opportunity Act (AGOA) (19 U.S.C.
3721(g)), to provide that in the case of a beneficiary sub-Saharan
African country, duty-free treatment provided under title V of the 1974
Act shall remain in effect through September 30, 2025.
6. Accordingly, pursuant to section 506B of the 1974 Act and section
112(g) of the AGOA, I have determined that general note 16(c) of the HTS
is modified by striking ``September 30, 2015'' and by inserting in lieu
thereof ``September 30, 2025''.
7. Section 103(b)(2) of the TPEA amended section 112(b)(3)(A) of the
AGOA (19 U.S.C. 3721(b)(3)(A)) to extend the regional apparel article

[[Page 3217]]

program and section 103(b)(3) of the TPEA amended section 112(c)(1) of
the AGOA (19 U.S.C. 3721(c)(1)) to extend the third-country fabric
program through September 30, 2025.
8. Accordingly, pursuant to sections 112(b)(3)(A) and 112(c)(1) of the
AGOA, I have determined that chapter 98, subchapter XIX, U.S. note 2(b)
of the HTS is modified by striking ``September 30, 2015'' where stated
in ``through the period October 1, 2014 through September 30, 2015'' and
in ``each 1-year period thereafter through September 30, 2015'' and by
inserting in lieu thereof ``September 30, 2025''.
9. Section 104(c) of the TPEA authorizes the President to proclaim
modifications that may be necessary to add the special tariff treatment
symbol ``D'' in the ``Special'' subcolumn of the HTS for each article
classified under a heading or subheading with the special tariff
treatment symbol ``A'' or ``A*'' in the ``Special'' subcolumn of the
HTS.
10. Accordingly, pursuant to section 104(c) of the TPEA, I have
determined it is necessary to add the special tariff treatment symbol
``D'' in the HTS as set forth in Annex III to this proclamation.
11. Pursuant to sections 501 and 503(a)(1)(B) of 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 (Commission), the President determines
that such articles are not import-sensitive in the context of imports
from least-developed beneficiary developing countries.
12. Pursuant to sections 501, 503(a)(1)(B), and 503(b)(5) of the 1974
Act (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.
13. Pursuant to sections 503(b)(1)(E) and 506A(b)(1) of the 1974 Act (19
U.S.C. 2463(b)(1)(E) and 2466A(b)(1)), the President may designate
certain articles as eligible for preferential tariff treatment under the
AGOA when the articles are the growth, product, or manufacture of a
beneficiary sub-Saharan African country if, after receiving the advice
of the Commission, the President determines that such articles are not
import-sensitive in the context of imports from beneficiary sub-Saharan
African countries.
14. Pursuant to sections 503(b)(1)(E) and 506A(b)(1) of the 1974 Act,
and after receiving advice from the Commission in accordance with
section 503(e) of the 1974 Act, I have determined to designate certain
articles as eligible articles when the articles are the growth, product,
or manufacture of a beneficiary sub-Saharan African country.
15. Pursuant to section 503(c)(1) of the 1974 Act (19 U.S.C.
2463(c)(1)), the President may withdraw, suspend, or limit application
of the duty-free treatment accorded to specified articles under the GSP
when imported from designated beneficiary developing countries.
16. Pursuant to section 503(c)(1) of the 1974 Act, and having considered
the factors set forth in sections 501 and 502(c) of the 1974 Act (19
U.S.C. 2462(c)), I have determined to limit the application of duty-

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free treatment accorded to certain articles from certain beneficiary
developing countries.
17. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A))
provides that beneficiary developing countries, except those designated
as least-developed beneficiary developing countries or beneficiary sub-
Saharan African countries as provided in section 503(c)(2)(D) of the
1974 Act (19 U.S.C. 2463(c)(2)(D)), are subject to competitive need
limitations on the preferential treatment afforded under the GSP to
eligible articles.
18. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2015 certain beneficiary developing countries exported eligible
articles in quantities exceeding the applicable competitive need
limitations, and I therefore terminate the duty-free treatment for such
articles from such beneficiary developing countries.
19. 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)).
20. 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.
21. 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 (19 U.S.C. 2463(c)(2))
with respect to any eligible article from any beneficiary developing
country if certain conditions are met.
22. 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 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.
23. 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 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

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not limited to section 111(b) of the URAA, section 506B of the 1974 Act,
sections 112(g), 112(b)(3)(A), and 112(c)(1) of the AGOA, section 104(c)
of the TPEA, and title V and section 604 of the 1974 Act, do proclaim
that:
(1) In order to provide for the immediate or staged elimination of
duties on the information technology products covered by the
Declaration, the HTS is modified as set forth in Annexes I and II to
this proclamation;
(2) In order to provide that duty-free treatment provided under the
AGOA shall remain in effect through September 30, 2025, general note
16(c) of the HTS is modified by striking ``September 30, 2015'' and by
inserting in lieu thereof ``September 30, 2025'';
(3) In order to provide that the regional apparel article program
and the third-country fabric program are effective through September 30,
2025, chapter 98, subchapter XIX, U.S. note 2 of the HTS is modified by
striking ``September 30, 2015'' where stated in ``through the period
October 1, 2014 through September 30, 2015'' and in ``each 1-year period
thereafter through September 30, 2015'' and by inserting in lieu thereof
``September 30, 2025'';
(4) In order to provide for the addition of the special tariff
treatment symbol ``D'' in the ``Special'' subcolumn where necessary in
the HTS, the HTS is modified as set forth in Annex III to this
proclamation;
(5) 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 Annex IV to
this proclamation;
(6) In order to designate certain articles as eligible articles only
when imported from a beneficiary sub-Saharan African country for
purposes of the AGOA, the Rates of Duty 1 Special subcolumn for the
corresponding HTS subheadings is modified as set forth in Annex IV to
this proclamation;
(7) 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 sections A and B of Annex V
to this proclamation;
(8) The modifications to the HTS set forth in Annex V 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 V to this proclamation;
(9) 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 VI to this proclamation, effective
July 1, 2016;
(10) 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 VII to this
proclamation, effective July 1, 2016; and

[[Page 3220]]

(11) 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
June, 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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