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

 
Proclamation 9555 of December 15, 2016

To Implement the Nepal Preference Program and for Other Purposes

By the President of the United States of America

A Proclamation

1. Section 915(b) of the Trade Facilitation and Trade Enforcement Act of
2015 (the ``TFTEA'') (19 U.S.C. 4454) confers authority upon the
President to provide preferential treatment for eligible articles
imported directly from Nepal into the customs territory of the United
States if the President determines that Nepal meets the eligibility
requirements specified in section 915(b)(1)(A) of the TFTEA, taking into
account the factors specified in section 915(b)(1)(B) of the TFTEA.
2. Pursuant to section 915(b) of the TFTEA, I have determined that Nepal
meets the eligibility requirements of section 915(b)(1)(A), taking into
account the factors specified in section 915(b)(1)(B).
3. Section 915(c) of the TFTEA describes the requirements for articles
from Nepal to be considered eligible for duty-free treatment. Pursuant
to section 915(c)(2)(A)(iv) of the TFTEA, the President may designate
certain articles as eligible for duty-free treatment when imported from
Nepal if, after receiving the advice of the United States International
Trade Commission (Commission) in accordance with section 503(e) of the
Trade Act of 1974 (the ``Trade Act'') (19 U.S.C. 2463(e)), the President
determines that such articles are not import-sensitive in the context of
imports from Nepal.

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4. Pursuant to sections 915(c)(2)(A)(iv) of the TFTEA, and after
receiving advice from the Commission in accordance with section 503(e)
of the Trade Act, I have determined to designate the articles included
in Annex I of this proclamation as eligible for duty-free treatment when
imported from Nepal.
5. Section 604 of the Trade Act (19 U.S.C. 2483), as amended, authorizes
the President to embody in the Harmonized Tariff Schedules of the United
States (the ``HTS'') (19 U.S.C. 1202) the substance of the relevant
provisions of the Trade 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.
6. In order to implement the duty-free treatment provided in accordance
with the provisions of the TFTEA, it is necessary to modify the HTS,
thus incorporating the substance of relevant provisions of the TFTEA,
and of actions taken thereunder, into the HTS, pursuant to section 604
of the Trade Act.
7. In Proclamation 7748 of December 30, 2003, President Bush determined
that the Central African Republic was not making continual progress in
meeting the requirements described in section 506A(a)(1) of the Trade
Act (19 U.S.C. 2466a(a)), as added by section 111(a) of the African
Growth and Opportunity Act (the ``AGOA''). Thus, pursuant to section
506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)), President Bush
terminated the designation of the Central African Republic as a
beneficiary sub-Saharan African country for purposes of section 506A of
the Trade Act.
8. Section 506A(a)(1) of the Trade Act authorizes the President to
designate a country listed in section 107 of the AGOA (19 U.S.C. 3706)
as a ``beneficiary sub-Saharan African country'' if the President
determines that the country meets the eligibility requirements set forth
in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility
criteria set forth in section 502 of the Trade Act (19 U.S.C. 2462).
9. Pursuant to section 506A(a)(1) of the Trade Act, based on actions
that the Central African Republic has taken, I have determined that the
Central African Republic meets the eligibility requirements set forth in
section 104 of the AGOA and the eligibility criteria set forth in
section 502 of the Trade Act, and I have decided to designate the
Central African Republic as a beneficiary sub-Saharan African country.
10. 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
(the ``USIFTA''), which the Congress approved in section 3 of the United
States-Israel Free Trade Area Implementation Act of 1985 (the ``USIFTA
Act'') (19 U.S.C. 2112 note).
11. 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.

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12. 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
US-Israel Agreement'').
13. In Proclamation 7826 of October 4, 2004, consistent with the 2004
US-Israel Agreement, President Bush 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.
14. Each year from 2008 through 2015, the United States and Israel
entered into agreements to extend the period that the 2004 US-Israel
Agreement was in force for 1-year periods to allow additional time for
the two governments to conclude an agreement to replace the 2004 US-
Israel Agreement.
15. 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; Proclamation 9223 of December 23, 2014; and
Proclamation 9383 of December 21, 2015, 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.
16. On December 5, 2016, the United States entered into an agreement
with Israel to extend the period that the 2004 US-Israel Agreement is in
force through December 31, 2017, and to allow for further negotiations
on an agreement to replace the 2004 US-Israel Agreement.
17. 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, 2017, for specified quantities of
certain agricultural products of Israel.
18. Section 1206(a) of the Omnibus Trade and Competitiveness Act of 1988
(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 (19 U.S.C. 3005) if he
determines that the modifications are in conformity with United States
obligations under the International Convention on the Harmonized
Commodity Description and Coding System (Convention) and do not run
counter to the national economic interest of the United States. In 2006
and 2011, the Commission recommended modifications to the HTS pursuant
to section 1205 of the 1988 Act to conform the HTS to amendments made to
the Convention. In Proclamation 8097 of December 29, 2006, and
Proclamation 8771 of December 29, 2011, President Bush and I,
respectively, modified the HTS pursuant to section 1206 of the 1988 Act
to conform the HTS to the amendments to the Convention.

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19. Proclamation 8332 of December 29, 2008, implemented the United
States-Oman Free Trade Agreement (the ``USOFTA'') with respect 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 rates of duty that President Bush
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.
20. In order to ensure the continuation of the staged reductions in
rates of duty for originating goods from Oman in categories that were
modified to conform to the Convention, President Bush and I proclaimed
in Proclamation 8097 and Proclamation 8771, respectively, modifications
to the HTS that we determined were necessary or appropriate to carry out
the duty reductions proclaimed in Proclamation 8332.
21. The United States and Oman are parties to the Convention. Because
the substance of changes to the Convention are reflected in slightly
differing form in the national tariff schedules of the United States and
Oman, the rules of origin set out in Annex 3-A and Annex 4-A of the
USOFTA must be changed to ensure that the tariff and certain other
treatment accorded under the USOFTA to originating goods will continue
to be provided under the tariff categories that were modified in
Proclamation 8097 and Proclamation 8771. The United States and Oman have
agreed to make these changes.
22. Section 202 of the USOFTA Act (19 U.S.C. 3805 note) provides certain
rules for determining whether a good is an originating good for the
purposes of implementing preferential tariff treatment under the USOFTA.
Section 202(j) of the USOFTA Act authorizes the President to proclaim
the rules of origin set out in the USOFTA and any subordinate tariff
categories necessary to carry out the USOFTA, subject to the exceptions
stated in section 202(j)(2)(A) of the USOFTA Act.
23. I have determined that the modifications to the HTS proclaimed
pursuant to section 202 of the USOFTA Act and section 1206(a) of the
1988 Act are necessary or appropriate to ensure the continuation of
tariff and certain other treatment accorded originating goods under
tariff categories modified in Proclamation 8097 and Proclamation 8771
and to carry out the duty reductions proclaimed in Proclamation 8332.
24. Section 604 of the Trade Act 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. Section 1206(c) of the 1988 Act (19 U.S.C.
3006(c)), as amended, provides that modifications proclaimed by the
President may not take effect before the thirtieth day after the date on
which the text of the proclamation is published in the Federal Register.
25. Proclamation 8894 of October 29, 2012, implemented the United
States-Panama Trade Promotion Agreement (the ``USPTPA'') with respect to
the United States and, pursuant to section 201 of the United States-
Panama 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
3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the

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schedule of duty reductions with respect to Panama set forth in Annex
3.3 of the USPTPA.
26. The United States and Panama are parties to the Convention. Because
changes to the Convention are reflected in slight differences of form
between the national tariff schedules of the United States and Panama,
the rules of origin set out in Annex 4.1 of the USPTPA must be changed
to ensure that the tariff and certain other treatment accorded under the
USPTPA Act to originating goods will continue to be provided under the
tariff categories that were proclaimed in Proclamation 8894. The United
States and Panama have agreed to make these changes.
27. Section 202 of the USPTPA Act (19 U.S.C. 3805 note) provides certain
rules for determining whether a good is an originating good for the
purposes of implementing tariff treatment under the USPTPA. Section
202(o) of the USPTPA Act authorizes the President to proclaim the rules
of origin set out in the USPTPA and any subordinate tariff categories
necessary to carry out the USPTPA, subject to the exceptions stated in
section 202(o) of the USPTPA Act.
28. I have determined that the modifications to the HTS proclaimed
pursuant to section 202 of the USPTPA Act and section 1206(a) of the
1988 Act are necessary or appropriate to ensure the continuation of
tariff and certain other treatment accorded originating goods under
tariff categories modified in Proclamation 8097 and Proclamation 8771
and to carry out the duty reductions proclaimed in Proclamation 8894.
29. Section 604 of the Trade Act authorizes the President to embody in
the HTS the substance of relevant provisions of that Act, or other Acts
affecting import treatment, and of actions taken thereunder, including
removal, modification, continuance, or imposition of any rate of duty or
other import restriction. Section 1206(c) of the 1988 Act provides that
modifications proclaimed by the President may not take effect before the
thirtieth day after the date on which the text of the proclamation is
published in the Federal Register.
30. Proclamation 7987 of February 28, 2006, implemented the Dominican
Republic-Central America-United States Free Trade Agreement (the
``CAFTA-DR'') 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 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
United States duty reductions with respect to originating goods), 3.27,
and 3.28 of the CAFTA-DR.
31. The United States, Costa Rica, the Dominican Republic, El Salvador,
Guatemala, Honduras, and Nicaragua (the ``CAFTA-DR countries'') are
parties to the Convention. Because changes to the Convention are
reflected in slight differences of form between the national tariff
schedules of the United States and the other CAFTA-DR countries, Annexes
4.1, 3.25, and 3.29 of the CAFTA-DR must be changed to ensure that the
tariff and certain other treatment accorded under the CAFTA-DR to
originating goods will continue to be provided under the tariff
categories that were proclaimed in Proclamation 7987. The United States
and the other CAFTA-DR countries have agreed to make these changes.

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32. Section 201 of the CAFTA-DR Act authorizes the President to proclaim
such modifications or continuation of any duty, such continuation of
duty-free or excise treatment, or such additional duties, as the
President determines 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 United States duty reductions with
respect to originating goods), 3.27, and 3.28 of the CAFTA-DR.
33. I have determined that the modifications to the HTS proclaimed
pursuant to section 201 of the CAFTA-DR Act and section 1206(a) of the
1988 Act are necessary or appropriate to ensure the continuation of
tariff and certain other treatment accorded originating goods under
tariff categories modified in Proclamation 8097 and Proclamation 8771
and to carry out the duty reductions proclaimed in Proclamation 7987.
34. Section 604 of the Trade Act authorizes the President to embody in
the HTS the substance of relevant provisions of that Act, or other Acts
affecting import treatment, and of actions taken thereunder, including
removal, modification, continuance, or imposition of any rate of duty or
other import restriction. Section 1206(c) of the 1988 Act provides that
modifications proclaimed by the President 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
section 915 of the TFTEA (19 U.S.C. 4454), section 506A(a)(1) of the
Trade Act (19 U.S.C. 2466a(a)); section 4(b) of the USIFTA Act (19
U.S.C. 2112 note); section 301 of title 3, United States Code; section
1206(a) of the 1988 Act (19 U.S.C. 3006(a)); section 202 of the USOFTA
Act (19 U.S.C. 3805 note); section 202 of the USPTPA Act (19 U.S.C. 3805
note); section 201 of the CAFTA-DR Act (19 U.S.C. 4031); and section 604
of the Trade Act (19 U.S.C. 2483), do proclaim that:
(1) In order to provide for the preferential treatment provided for
in section 915 of the TFTEA, the HTS is modified as provided in Annex I
to this proclamation. The modifications to the HTS set forth in Annex I
shall continue in effect through December 31, 2025.
(2) The Central African Republic is designated as a beneficiary sub-
Saharan African country.
(3) In order to reflect this designation in the HTS, general note
16(a) and U.S. note 1 to subchapter XIX of chapter 98 to the HTS are
each modified by inserting in alphabetical sequence in the list of
beneficiary sub-Saharan African countries ``Central African Republic.''
Further, note 2(d) to subchapter XIX of chapter 98 is modified by
inserting in alphabetical sequence in the list of lesser developed
beneficiary sub-Saharan African countries ``Central African Republic.''
(4) In order to implement U.S. tariff commitments under the 2004 US-
Israel Agreement through December 31, 2017, the HTS is modified as
provided in Annex II to this proclamation.
(5) The modifications to the HTS set forth in Annex II to this
proclamation shall be effective with respect to eligible agricultural
products of Israel that are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2017.

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(6) The provisions of subchapter VII of chapter 99 of the HTS, as
modified by Annex II to this proclamation, shall continue in effect
through December 31, 2017.
(7) In order to reflect in the HTS the modifications to the rules of
origin under the USOFTA, general note 31 to the HTS is modified as
provided in Annex III to this proclamation.
(8) The modifications and technical rectifications to the HTS set
forth in Annex III to this proclamation shall be effective with respect
to goods entered, or withdrawn from warehouse for consumption, on or
after the later of (i) February 1, 2017, or (ii) the thirtieth day after
the date of publication of this proclamation in the Federal Register.
(9) In order to provide generally for the modifications in the rules
for determining whether goods imported into the customs territory of the
United States are eligible for preferential tariff treatment under Annex
4.1 of the USPTPA, to provide preferential tariff treatment for certain
other goods under the USPTPA, and to make technical and conforming
changes in the general notes to the HTS, the HTS is modified as set
forth in Annex IV to this proclamation.
(10) The modifications to the HTS made by paragraph (9) of this
proclamation shall enter into effect on the date, as announced by the
United States Trade Representative in the Federal Register, that the
conditions set forth in the Agreement have been fulfilled, and shall be
effective with respect to goods entered, or withdrawn from warehouse for
consumption, on or after that date.
(11) In order to provide generally for the modifications in the
rules for determining whether goods imported into the customs territory
of the United States are eligible for preferential tariff treatment
under the CAFTA-DR, to provide preferential tariff treatment for certain
other goods under the CAFTA-DR, and to make technical and conforming
changes in the general notes to the HTS, the HTS is modified as set
forth in Annex V to this proclamation.
(12) The modifications to the HTS made by paragraph (11) of this
proclamation shall enter into effect on the date, as announced by the
United States Trade Representative in the Federal Register, that the
applicable conditions set forth in the CAFTA-DR have been fulfilled, and
shall be effective with respect to goods entered, or withdrawn from
warehouse for consumption, on or after that date.
(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 fifteenth 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


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