[United States Statutes at Large, Volume 131, 115th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9625 of June 29, 2017

To Modify Duty-Free Treatment Under the Generalized System of
Preferences and for Other Purposes

By the President of the United States of America

A Proclamation

1. Pursuant to sections 501 and 503(a)(1)(A) of the Trade Act of 1974,
as amended (the ``1974 Act'') (19 U.S.C. 2461 and 2463(a)(1)(A)), the
President may, after receiving the advice of the United States
International Trade Commission (the ``Commission''), designate certain
articles as eligible for preferential tariff treatment under the
Generalized System of Preferences (GSP) when they are imported from
designated beneficiary developing countries.
2. Pursuant to sections 501, 503(a)(1)(A), and 503(b)(5) of the 1974 Act
(19 U.S.C. 2463(b)(5)), and having received 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
they are imported from beneficiary developing countries.
3. 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.
4. 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

[[Page 2474]]

U.S.C. 2462(c)), I have determined to withdraw the application of duty-
free treatment accorded to a certain article.
5. Section 503(c)(2)(A) of the 1974 Act (19 U.S.C. 2463(c)(2)(A))
subjects 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)), to competitive need limitations on
the preferential treatment afforded to eligible articles under the GSP.
6. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2016 certain beneficiary developing countries exported eligible
articles in quantities exceeding the applicable competitive need
limitations. I hereby terminate the duty-free treatment for such
articles from such beneficiary developing countries.
7. 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 any such article into the United States during the
preceding calendar year does not exceed the amount set forth in section
503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C. 2463(c)(2)(F)(ii)).
8. 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.
9. 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.
10. 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 such waivers of the competitive need
limitations provided in section 503(c)(2) of the 1974 Act. I have
determined, based on that advice and the considerations described in
sections 501 and 502(c) of the 1974 Act, and having given 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 a certain eligible article from a certain beneficiary
developing country.
11. Presidential Proclamation 8997 of June 27, 2013, suspended
Bangladesh's designation as a beneficiary developing country for the
purposes of the GSP. Presidential Proclamation 9333 of September 30,
2015, terminated Venezuela's designation as a beneficiary developing
country for the purposes of the GSP. These proclamations made
corresponding modifications to general note 4 of the Harmonized Tariff
Schedule of the United States (HTS). Those modifications included
technical errors, and I have determined that modifications to the HTS
are necessary to correct them.

[[Page 2475]]

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 Uruguay Round Agreements Act (19 U.S.C. 3521(b)),
modified the HTS to include the schedule of duty reductions necessary to
carry out the Declaration. Those modifications included technical
errors, and I have determined that modifications to the HTS are
necessary to correct them.
13. Presidential Proclamation 8097 of December 29, 2006, implemented
modifications to the HTS, pursuant to section 1206(a) of the Omnibus
Trade and Competitiveness Act of 1988 (the ``1988 Act'') (19 U.S.C.
3006(a)), to include changes to the schedule considered necessary or
appropriate by the Commission to accomplish the purposes of section
1205(a) of the 1988 Act (19 U.S.C. 3005(a)). Those modifications to the
HTS were set out in Publication 3898 of the Commission, entitled
``Modifications to the Harmonized Tariff Schedule of the United States
under Section 1206 of the Omnibus Trade and Competitiveness Act of
1988,'' which was incorporated by reference into Presidential
Proclamation 8097. Annex I to that publication included a technical
error, and I have determined that a modification to the HTS is necessary
to correct it.
14. Presidential Proclamation 9549 of December 1, 2016, implemented
modifications to the HTS, pursuant to section 1206(a) of the 1988 Act,
to include changes to the schedule considered necessary or appropriate
by the Commission to accomplish the purposes of section 1205(a) of the
1988 Act. Those modifications to the HTS were set out in Publication
4653 of the Commission, entitled ``Modifications to the Harmonized
Tariff Schedule of the United States under Section 1206 of the Omnibus
Trade and Competitiveness Act of 1988 and for Other Purposes,'' which
was incorporated by reference into Presidential Proclamation 9549. Annex
I to that publication included technical errors, and I have determined
that modifications to the HTS are necessary to correct them.
15. 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, DONALD J. TRUMP, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including title V and section
604 of the 1974 Act, do proclaim that:
(1) In order to designate certain articles as eligible articles when
imported from a 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 section A of Annex I to this
proclamation.
(2) 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 B, C, and D of Annex I to
this proclamation.

[[Page 2476]]

(3) 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 II to this proclamation, effective
July 1, 2017.
(4) A waiver of the application of section 503(c)(2) of the 1974 Act
shall apply to the article in the HTS subheading and to the beneficiary
developing country set forth in Annex III to this proclamation,
effective July 1, 2017.
(5) In order to make technical corrections necessary to reflect the
suspension of benefits under the GSP with respect to Bangladesh and the
termination of benefits under the GSP with respect to Venezuela, the HTS
is modified as set forth in Annex IV to this proclamation.
(6) 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, and to
certain goods as recommended in Publications 3898 and 4653 of the
Commission, the HTS is modified as set forth in Annex V.
(7) The modifications to the HTS set forth in Annexes I, IV, and 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 Annexes I, IV, and V.
(8) 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-ninth day of
June, in the year of our Lord two thousand seventeen, and of the
Independence of the United States of America the two hundred and forty-
first.
DONALD J. TRUMP


[[Page 2477]]

[GRAPHIC] [TIFF OMITTED] TD30JN17.293




[[Page 2478]]

[GRAPHIC] [TIFF OMITTED] TD30JN17.294




[[Page 2479]]

[GRAPHIC] [TIFF OMITTED] TD30JN17.295




[[Page 2480]]

[GRAPHIC] [TIFF OMITTED] TD30JN17.296




[[Page 2481]]

[GRAPHIC] [TIFF OMITTED] TD30JN17.297




[[Page 2482]]

[GRAPHIC] [TIFF OMITTED] TD30JN17.298