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

 
Proclamation 9549 of December 1, 2016

To Modify the Harmonized Tariff Schedule of the United States and for
Other Purposes

By the President of the United States of America

A Proclamation

1. Section 1205(a) of the Omnibus Trade and Competitiveness Act of 1988
(the ``1988 Act'') (19 U.S.C. 3005(a)) directs the United States
International Trade Commission (the ``Commission'') to keep the
Harmonized Tariff Schedule of the United States (HTS) under continuous
review and periodically to recommend to the President such modifications
to the HTS as the Commission considers necessary or appropriate to
accomplish the purposes set forth in that subsection. Pursuant to
sections 1205(c) and (d) of the 1988 Act (19 U.S.C. 3005(c) and (d)),
the Commission has recommended modifications to the HTS to conform the
HTS to amendments made to the International Convention on the Harmonized
Commodity Description and Coding System and the Protocol thereto (the
``Convention'').
2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)) authorizes the
President to proclaim modifications to the HTS based on the
recommendations of the Commission under section 1205 of the 1988 Act, if
the President determines that the modifications are in conformity with
United States obligations under the Convention and do not run counter to
the national economic interest of the United States. I have determined
that the modifications to the HTS proclaimed in this proclamation
pursuant to section 1206(a) of the 1988 Act are in conformity with
United States obligations under the Convention and do not run counter to
the national economic interest of the United States.
3. Presidential Proclamation 6763 of December 23, 1994, implemented with
respect to the United States the trade agreements resulting from the
Uruguay Round of multilateral trade negotiations, including Schedule XX-
United States of America, annexed to the Marrakesh Protocol to the
General Agreement on Tariffs and Trade 1994 (Schedule XX), that were
entered into pursuant to sections 1102(a) and (e) of the 1988 Act (19
U.S.C. 2902(a) and (e)), and approved in section 101(a) of the Uruguay
Round Agreements Act (URAA) (19 U.S.C. 3511(a)).
4. Pursuant to the authority provided in section 111 of the URAA (19
U.S.C. 3521) and sections 1102(a) and (e) of the 1988 Act, Proclamation
6763 included the staged reductions in rates of duty that the President
determined to be necessary or appropriate to carry out the terms of

[[Page 3424]]

Schedule XX. In order to ensure the continuation of such rates of duty
for imported goods under tariff categories that are being modified to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed, including certain
technical or conforming changes within the tariff schedule.
5. Presidential Proclamation 7857 of December 20, 2004, implemented the
United States-Australia Free Trade Agreement (USAFTA) with respect to
the United States and, pursuant to section 201 of the United States-
Australia Free Trade Agreement Implementation Act (the ``USAFTA Act'')
(19 U.S.C. 3805 note), the staged reductions in rates of duty that the
President determined to be necessary or appropriate to carry out or
apply articles 2.3, 2.5, and 2.6 of the USAFTA and the schedule of
reductions with respect to Australia set forth in Annex 2-B of the
USAFTA. In order to ensure the continuation of such staged reductions in
rates of duty for originating goods under tariff categories that are
being modified to reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are necessary or
appropriate to carry out the duty reductions previously proclaimed.
6. Presidential Proclamation 7971 of December 22, 2005, implemented the
United States-Morocco Free Trade Agreement (USMFTA) with respect to the
United States and, pursuant to section 201 of the United States-Morocco
Free Trade Agreement Implementation Act (the ``USMFTA Act'') (19 U.S.C.
3805 note), the staged reductions in rates of duty that the President
determined to be necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15 of
the USMFTA and the schedule of reductions with respect to Morocco set
forth in Annex IV of the USMFTA. In order to ensure the continuation of
such staged reductions in rates of duty for originating goods under
tariff categories that are being modified to reflect the amendments to
the Convention, I have determined that additional modifications to the
HTS are necessary or appropriate to carry out the duty reductions
previously proclaimed.
7. Presidential Proclamations 7987 of February 28, 2006, 7991 of March
24, 2006, 7996 of March 31, 2006, 8034 of June 30, 2006, 8111 of
February 28, 2007, 8331 of December 23, 2008, and 8536 of June 12, 2010,
implemented the Dominican Republic-Central America-United States Free
Trade Agreement (the ``CAFTA-DR Agreement'') with respect to the United
States and, pursuant to section 201 of the Dominican Republic-Central
America-United States Free Trade Agreement Implementation Act (the
``CAFTA-DR Act'') (19 U.S.C. 4031), the staged reductions in rates of
duty that the President determined to be necessary or appropriate to
carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 3.28,
and Annexes 3.3 (including the schedule of the United States duty
reductions with respect to originating goods), 3.27, and 3.28 of the
CAFTA-DR Agreement. In order to ensure the continuation of such staged
reductions in rates of duty for originating goods under tariff
categories that are being modified to reflect the amendments to the
Convention, I have determined that additional modifications to the HTS
are necessary or appropriate to carry out the duty reductions previously
proclaimed.
8. Presidential Proclamation 8332 of December 29, 2008, implemented the
United States-Oman Free Trade Agreement (USOFTA) with respect

[[Page 3425]]

to the United States and, pursuant to section 201 of the United States-
Oman Free Trade Agreement Implementation Act (the ``USOFTA Act'') (19
U.S.C. 3805 note), the staged reductions in duty that the President
determined to be necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 3.2.8, and 3.2.9, and the schedule of duty reductions
with respect to Oman set forth in Annex 2-B of the USOFTA. In order to
ensure the continuation of such staged reductions in rates of duty for
originating goods under tariff categories that are being modified to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed.
9. Presidential Proclamation 8341 of January 16, 2009, implemented the
United States-Peru Trade Promotion Agreement (USPTPA) with respect to
the United States and, pursuant to section 201 of the United States-Peru
Trade Promotion Agreement Implementation Act (the ``USPTPA Act'') (19
U.S.C. 3805 note), the staged reductions in duty that the President
determined to be necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USPTPA. In order to ensure
the continuation of such staged reductions in rates of duty for
originating goods under tariff categories that are being modified to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed.
10. 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 section 201 of the United States-Korea
Free Trade Agreement Implementation Act (the ``USKFTA Act'') (19 U.S.C.
3805 note), the staged reductions in duty that the President determined
to be necessary or appropriate to carry out or apply articles 2.3, 2.5,
2.6, and the schedule of duty reductions with respect to Korea set forth
in Annex 2-B, Annex 4-B, and Annex 22-A of the USKFTA. In order to
ensure the continuation of such staged reductions in rates of duty for
originating goods under tariff categories that are being modified to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed.
11. Presidential Proclamation 8894 of October 29, 2012, implemented the
United States-Panama Trade Promotion Agreement (PTPA) with respect to
the United States and, pursuant to section 201 of the United States-
Panama Trade Promotion Agreement Implementation Act (the ``PTPA Act'')
(19 U.S.C. 3805 note), the staged reductions in duty that the President
determined to be necessary or appropriate to carry out or apply articles
3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the schedule of duty
reductions with respect to Panama set forth in Annex 3.3 of the PTPA. In
order to ensure the continuation of such staged reductions in rates of
duty for originating goods under tariff categories that are being
modified to reflect the amendments to the Convention, I have determined
that additional modifications to the HTS are necessary or appropriate to
carry out the duty reductions previously proclaimed.
12. Presidential Proclamation 9466 of June 30, 2016, implemented the
World Trade Organization Declaration on the Expansion of Trade in
Information Technology Products (the ``Declaration'') and, pursuant to
section 111(b) of the URAA (19 U.S.C. 3521(b)), modified the HTS to
include the schedule of duty reductions necessary or appropriate to

[[Page 3426]]

carry out the Declaration. These modifications to the HTS were set out
in Annex I to that proclamation, and included certain technical errors
that affected the tariff treatment accorded to certain goods covered by
the Declaration. I have determined that modifications to the HTS are
necessary to correct the technical errors.
13. Presidential Proclamation 9466 of June 30, 2016, implemented
amendments to sections 112(b)(3)(A) and 112(c)(1) of the African Growth
and Opportunity Act (AGOA) (19 U.S.C. 3721(b)(3)(A) and 3721(c)(1)), as
amended by sections 103(b)(2) and 103(b)(3) of the Trade Preferences
Extension Act of 2015 (TPEA) (Public Law 114-27). That proclamation, in
part, modified the HTS to extend the regional apparel article program
and the third-country fabric program through September 30, 2025. These
modifications to the HTS included certain technical errors. I have
determined that modifications to the HTS are necessary to correct the
technical errors.
14. Executive Order 13742 of October 7, 2016, 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.), revoked the ban
on 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. Presidential Proclamation 9383
of December 21, 2015, previously modified the HTS to include additional
U.S. Note 4 to Chapter 71 of the HTS, which prohibited the importation
of any jadeite or rubies mined or extracted from Burma and any articles
of jewelry containing jadeite or rubies mined or extracted from Burma.
Importation of those products was previously prohibited under 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 (the ``JADE Act'') (Public Law 110-286), before its
expiration on July 28, 2013. I have determined that the deletion of
additional U.S. Note 4 to Chapter 71 of the HTS is necessary to the
implementation of Executive Order 13742.
15. Section 604 of the Trade Act of 1974, as amended (the ``Trade 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. Section 1206(c) of the 1988 Act, as amended
(19 U.S.C. 3006(c)), provides that any modifications proclaimed by the
President under section 1206(a) of that Act may not take effect before
the thirtieth day after the date on which the text of the proclamation
is published in the Federal Register.
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 1102 and 1206 of the 1988 Act, section 111 of the URAA, section
201 of the USAFTA Act, section 201 of the USMFTA Act, section 201 of the
CAFTA-DR Act, section 201 of the USOFTA Act, section 201 of the USPTPA
Act, section 201 of the USKFTA, section 201 of the PTPA Act, section 112
of AGOA, section 604 of the Trade Act, 50 U.S.C. 1701 et seq., and 50
U.S.C. 1601 et seq., do proclaim that:

[[Page 3427]]

(1) In order to modify the HTS to conform it to the Convention or
any amendment thereto recommended for adoption, to promote the uniform
application of the Convention, to establish additional subordinate
tariff categories, and to make technical and conforming changes to
existing provisions, the HTS is modified as set forth in Annex I of
Publication 4653 of the United States International Trade Commission,
titled, ``Modifications to the Harmonized Tariff Schedule of the United
States Under Section 1206 of the Omnibus Trade and Competitiveness Act
of 1988,'' which is incorporated by reference into this proclamation.
(2) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Morocco under the USMFTA that are
classifiable in the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for consumption, on or after
each of the dates specified in section (a) of Annex II of Publication
4653, the HTS is modified as follows:
(a) The Rates of Duty 1-Special subcolumn is modified by inserting
in such subcolumn for each subheading the rate of duty specified for
such subheading in the table column titled 2017 before the symbol ``MA''
in parentheses; and
(b) For each of the subsequent dated table columns, the rates of
duty in such subcolumn for such subheadings set forth before the symbol
``MA'' in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(3) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Australia under the USAFTA that are
classifiable in the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for consumption, on or after
each of the dates specified in section (b) of Annex II of Publication
4653, the HTS is modified as follows:
(a) The Rates of Duty 1-Special subcolumn for each of the
subheadings enumerated in subsection B is modified by inserting in such
subcolumn for each subheading the rate of duty specified for such
subheading in the table column titled 2017 before the symbol ``AU'' in
parentheses; and
(b) For each of the subsequent dated table columns, the rates of
duty in such subcolumn for such subheadings set forth before the symbol
``AU'' in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(4) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods under general note 29 to the HTS that
are classifiable in the provisions modified by Annex I of Publication
4653 and entered, or withdrawn from warehouse for consumption, on or
after each of the dates specified in subsections (c)(1) and (c)(2) of
Annex II of Publication 4653, the HTS is modified as follows:
(a) The rate of duty in the HTS set forth in the Rates of Duty 1-
Special subcolumn for each of the HTS subheadings enumerated in sub

[[Page 3428]]

section (c)(1) of Annex II is modified by inserting in such subcolumn
for each subheading the rate of duty specified in the table column
titled 2017 before the symbol ``P'' in parentheses;
(b) The rates of duty for such subheadings set forth before the
symbol ``P'' in parentheses are deleted and the rates of duty for such
dated table column are inserted in each enumerated subheading in lieu
thereof;
(c) The Rates of Duty 1-Special subcolumn for each of the HTS
subheadings enumerated in subsection (c)(2) of Annex II is modified by
inserting in such subcolumn for each subheading the rate of duty
specified in the table column titled 2017 before the symbol ``P+'' in
parentheses; and
(d) For each of the subsequent dated table columns in such
subsection set forth before the symbol ``P+'' in parentheses, are
deleted and the rates of duty for such dated table column are inserted
in each enumerated subheading in lieu thereof.
(5) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Peru under the USPTPA that are
classifiable in the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for consumption, on or after
each of the dates specified in section (d) of Annex II of Publication
4653, the HTS is modified as follows:
(a) The rate of duty in the HTS set forth in the Rates of Duty 1-
Special subcolumn for each of the HTS subheadings enumerated in section
(d) of Annex II is modified by inserting in such subcolumn for each
subheading the rate of duty specified for such subheading in the table
column titled 2017 before the symbol ``PE'' in parentheses; and
(b) For each of the subsequent dated table columns, the rates of
duty in such subcolumn for such subheadings set forth before the symbol
``PE'' in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(6) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Oman under the USOFTA that are
classifiable in the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for consumption, on or after
each of the dates specified in section (e) of Annex II of Publication
4653, the HTS is modified as follows:
(a) The rate of duty in the HTS set forth in the Rates of Duty 1-
Special subcolumn for each of the HTS subheadings enumerated in section
(e) of Annex II is modified by inserting in such subcolumn for each
subheading the rate of duty specified for such subheading in the table
column titled 2017 before the symbol ``OM'' in parentheses; and
(b) For each of the subsequent dated table columns, the rates of
duty in such subcolumn for such subheadings set forth before the symbol
``OM'' in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.

[[Page 3429]]

(7) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Korea under the USKFTA that are
classifiable in the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for consumption, on or after
each of the dates specified in section (f) of Annex II of Publication
4653, the HTS is modified as follows:
(a) The rate of duty in the HTS set forth in the Rates of Duty 1-
Special subcolumn for each of the HTS subheadings enumerated in section
(f) of Annex II shall be modified by inserting in such subcolumn for
each subheading the rate of duty specified for such subheading in the
table column titled 2017 before the symbol ``KR'' in parentheses; and
(b) For each of the subsequent dated table columns, the rates of
duty in such subcolumn for such subheadings set forth before the symbol
``KR'' in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(8) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Panama under the PTPA that are
classifiable in the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for consumption, on or after
each of the dates specified in section (g) of Annex II of Publication
4653, the HTS is modified as follows:
(a) The Rates of Duty 1-Special subcolumn is modified by inserting
in such subcolumn for each subheading the rate of duty specified for
such subheading in the table column titled 2017 before the symbol ``PA''
in parentheses; and
(b) For each of the subsequent dated table columns, the rates of
duty in such subcolumn for such subheadings set forth before the symbol
``PA'' in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(9) In order to make technical corrections necessary to provide the
intended tariff treatment to goods covered by the Declaration in
accordance with Presidential Proclamation 9466 of June 30, 2016, the HTS
is modified as set forth in Annex III of Publication 4653.
(10) In order to make technical corrections necessary to provide
that the regional apparel article program and the third-country fabric
program are effective through September 30, 2025, in accordance with
Presidential Proclamation 9466 of June 30, 2016, the HTS is modified as
set forth in Annex III of Publication 4653.
(11) In order to implement Executive Order 13742 of October 7, 2016,
as authorized by the International Emergency Economic Powers Act,
National Emergencies Act, the BFDA, and the JADE Act, the HTS is
modified by deleting additional U.S. Note 4 to Chapter 71 of the HTS.
(12) (a) The modifications and technical rectifications to the HTS
set forth in Annex I of Publication 4653 shall be effective with respect
to goods entered, or withdrawn from warehouse for consumption, on or

[[Page 3430]]

after the later of (i) January 1, 2017, or (ii) the thirtieth day after
the date of publication of this proclamation in the Federal Register.
(b) The modifications to the HTS set forth in Annexes II and III of
Publication 4653 shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the respective
dates specified in each section of such Annex for the goods described
therein.
(13) 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 first day of
December, in the year of our Lord two thousand sixteen, and of the
Independence of the United States of America the two hundred and forty-
first.
BARACK OBAMA