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

 
Proclamation 9687 of December 22, 2017

To Take Certain Actions Under the African Growth and Opportunity Act and
for Other Purposes

By the President of the United States of America

A Proclamation

1. In Proclamation 9223 of December 23, 2014, President Obama determined
that the Republic of The Gambia (``The Gambia'') was not making
continual progress in meeting the requirements described in section
506A(a)(1) of the Trade Act of 1974, as amended (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 Obama terminated the
designation of The Gambia as a beneficiary sub-Saharan African country
for purposes of section 506A of the Trade Act.
2. In Proclamation 9145 of June 26, 2014, President Obama determined
that the Kingdom of Swaziland was not making continual progress in
meeting the requirements described in section 506A(a)(1) of the Trade
Act. Thus, pursuant to section 506A(a)(3) of the Trade Act, President

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Obama terminated the designation of the Kingdom of Swaziland as a
beneficiary sub-Saharan African country for purposes of section 506A of
the Trade Act.
3. 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).
4. Pursuant to section 506A(a)(1) of the Trade Act, based on actions
that The Gambia and the Kingdom of Swaziland have taken, I have
determined that The Gambia and the Kingdom of Swaziland meet the
eligibility requirements set forth in section 104 of the AGOA and
section 502 of the Trade Act, and I have decided to designate The Gambia
and the Kingdom of Swaziland as beneficiary sub-Saharan African
countries.
5. 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).
6. 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.
7. 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
Agreement'').
8. In Proclamation 7826 of October 4, 2004, consistent with the 2004
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.
9. Each year from 2008 through 2016, the United States and Israel
entered into agreements to extend the period that the 2004 Agreement was
in force for 1-year periods to allow additional time for the two
governments to conclude an agreement to replace the 2004 Agreement.
10. 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,

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2014; Proclamation 9383 of December 21, 2015; and Proclamation 9555 of
December 15, 2016 modified the Harmonized Tariff Schedule of the United
States (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.
11. On December 5, 2017, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force
through December 31, 2018, and to allow for further negotiations on an
agreement to replace the 2004 Agreement.
12. 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, 2018, for specified quantities of
certain agricultural products of Israel, as provided in Annex I of this
proclamation.
13. 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
United States International Trade Commission (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 (the ``Convention'') and do not run counter to the
national economic interest of the United States. The Commission has
recommended modifications to the HTS pursuant to section 1205 of the
1988 Act to conform the HTS to amendments made to the Convention.
14. 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.
15. 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.
16. 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

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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.
17. 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 (19 U.S.C. 3006(a)) are necessary or appropriate to ensure the
continuation of tariff and certain other treatment accorded originating
goods under tariff categories modified in Proclamation 9549 and to carry
out the duty reductions proclaimed in Proclamation 7987.
18. In Proclamation 8618 of December 21, 2010, pursuant to section
111(b) of the Uruguay Round Agreements Act (the ``URAA'') (19 U.S.C.
3521(b)), President Obama proclaimed the modification of Schedule XX-
United States of America, annexed to the Marrakesh Protocol to the
General Agreement on Tariffs and Trade 1994 (``GATT 1994''), to reflect
the implementation by the United States of the multilateral agreement on
certain pharmaceuticals and chemical intermediates negotiated under the
auspices of the World Trade Organization. In addition, President Obama
proclaimed modifications to the pharmaceuticals appendix to the HTS to
reflect the duty eliminations provided for in that agreement. I have
determined, pursuant to section 604 of the Trade Act, that it is
necessary to modify the annex of Proclamation 8618, as provided in Annex
II of this proclamation, to correct one inadvertent omission so that the
intended tariff treatment is provided.
19. In Proclamation 6763 of December 23, 1994, pursuant to section
111(a) of the URAA (19 U.S.C. 3521(a)), President Clinton proclaimed the
modification of duties to carry out Schedule XX-United States of
America, annexed to the Marrakesh Protocol to the GATT 1994. These
modifications were set out in the annex of the proclamation, including
the addition of General Note 13 and of the Pharmaceutical Appendix to
the HTS. In Proclamation 8097 of December 29, 2006, pursuant to section
1206(a) of the 1988 Act (19 U.S.C. 3006(a)), President Bush proclaimed
modifications to 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. These modifications to the HTS were set out in
Annex I of Publication 3898 of the Commission, which was incorporated by
reference into the proclamation. In Proclamation 9466 of June 30, 2016,
pursuant to section 111(b) of the URAA (19 U.S.C. 3521(b)), President
Obama proclaimed modifications to the tariff categories and rates of
duty set forth in the HTS to implement the World Trade Organization
Declaration on the Expansion of Trade in Information Technology Products
(``Declaration''). These modifications were set out in Annexes I and II
of Proclamation 9466. I have determined, pursuant to section 604 of the
Trade Act (19 U.S.C. 2483), that it is necessary to modify Annex I of
Proclamation 9466, as provided in Annex II of this proclamation, to
correct one inadvertent omission so that the intended tariff treatment
is provided and to make certain additional conforming changes to Annex I
of Proclamation 9466.
20. In Proclamation 9549 of December 1, 2016, pursuant to section
1206(a) of the 1988 Act, President Obama proclaimed modifications to the
HTS to conform it with the Convention in order to promote the uniform
application of the Convention. These modifications to the HTS were set
out in Annex I of Publication 4653 of the Commission, which

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was incorporated by reference into the proclamation. I have determined
that it is necessary to make certain additional changes to the HTS to
conform it with the Convention.
21. Sections 502(d)(1) and 503(c)(1) of the Trade Act (19 U.S.C.
2462(d)(1) and 2463(c)(1)), provide that the President may withdraw,
suspend, or limit the application of the duty-free treatment accorded
under the Generalized System of Preferences (the ``GSP'') with respect
to any country and any article upon consideration of the factors set
forth in sections 501 and 502(c) of the Trade Act (19 U.S.C. 2461 and
2462(c)).
22. Pursuant to sections 502(d)(1) and 503(c)(1) of the Trade Act and
having considered the factors set forth in sections 501 and 502(c) of
such Act, including, in particular, section 502(c)(5) (19 U.S.C.
2462(c)(5)) on the extent to which a designated beneficiary developing
country is providing adequate and effective protection of intellectual
property rights, I have determined that it is appropriate to suspend the
duty-free treatment accorded under the GSP to certain eligible articles
that are the product of Ukraine, as provided in Annex III of this
proclamation.
23. Section 502 of the Trade Act (19 U.S.C. 2462), authorizes the
President to designate countries as beneficiary developing countries for
purposes of the GSP. Section 502(f)(1)(A) of the Trade Act (19 U.S.C.
2462(f)(1)(A)) requires the President to notify the Congress before
designating any country as a beneficiary developing country.
24. In Proclamation 8788 of March 26, 2012, after having considered the
factors set forth in section 502(b)(2)(E) of the Trade Act (19 U.S.C.
2462(b)(2)(E)), President Obama suspended Argentina's designation as a
GSP beneficiary developing country because it had not acted in good
faith in enforcing arbitral awards in favor of United States citizens or
a corporation, partnership, or association that is 50 percent or more
beneficially owned by United States citizens.
25. Pursuant to section 502(a)(1) of the Trade Act, and taking into
account the factors set forth in section 502(b) (19 U.S.C. 2462(b)), in
particular section 502(b)(2)(E), I have determined that the suspension
pursuant to Proclamation 8788 of Argentina's designation as a GSP
beneficiary developing country should end.
26. Section 604 of 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
thereunder, including removal, modification, continuance, or imposition
of any rate of duty or other import restriction.
27. Section 1206(c) of the 1988 Act (19 U.S.C. 3006(c)) provides that
any modifications proclaimed by the President under section 1206(a) of
the 1988 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, DONALD J. TRUMP, 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 506A(a)(1) of the Trade Act (19 U.S.C. 2466a(a)(1)); section
4(b) of the USIFTA Act (19 U.S.C. 2112 note); section 1206(a) of the
1988 Act (19 U.S.C. 3006(a)); section 201 of the

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CAFTA-DR Act (19 U.S.C. 4031); section 604 of the Trade Act (19 U.S.C.
2483); and sections 502(a)(1), 502(d)(1), and 503(c)(1) of the Trade Act
(19 U.S.C. 2462(a)(1), 2462(d)(1), and 2463(c)(1)) do proclaim that:
(1) The Gambia and the Kingdom of Swaziland are designated as
beneficiary sub-Saharan African countries.
(2) 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 ``The Gambia'' and ``Swaziland,'' in
alphabetical sequence, in the list of beneficiary sub-Saharan African
countries. Further, note 2(d) to subchapter XIX of chapter 98 is
modified by inserting ``The Gambia'' and ``Swaziland,'' in alphabetical
sequence, in the list of lesser developed beneficiary sub-Saharan
African countries.
(3) In order to implement U.S. tariff commitments under the 2004 US-
Israel Agreement through December 31, 2018, the HTS is modified as
provided in Annex I of this proclamation.
(4) The modifications to the HTS set forth in Annex I of 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, 2018.
(5) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex I of this proclamation, shall continue in effect
through December 31, 2018.
(6) 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 II of this proclamation.
(7) The modifications to the HTS made by paragraph (6) 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.
(8) In order to provide the intended tariff treatment with respect to
the modifications to the pharmaceuticals appendix to the HTS, effective
with respect to goods entered, or withdrawn from warehouse or
consumption, on or after January 1, 2018, and with respect to goods for
which entry is unliquidated or otherwise not final as of that date,
subheading 2843.29.01 is modified by inserting the symbol, ``K'', in
alphabetical sequence, into the parenthetical expression in the Rates of
Duty 1-Special subcolumn.
(9) In order to provide the intended tariff treatment with respect to
the addition of the pharmaceuticals appendix to the HTS, effective with
respect to goods entered, or withdrawn from warehouse or consumption, on
or after January 1, 2018, and with respect to goods for which entry is
unliquidated or otherwise not final as of that date, subheading
3907.99.50 is modified by inserting the symbol, ``K'', in alpha

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betical sequence, into the parenthetical expression in the Rates of Duty
1-Special subcolumn.
(10) In order to reflect certain additional conforming changes to
Annex I of Proclamation 9466, the subheading 9030.33.34 of the HTS is
modified by inserting the symbol, ``C'', in alphabetical sequence, into
the parenthetical expression in the Column 1-Special Rates of Duty
subcolumn.
(11) The modifications to the HTS made by paragraph (10) of this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after July 1, 2016.
(12) In order to reflect certain additional conforming changes to the
HTS, additional U.S. note 1 to chapter 21 of the HTS is modified by
deleting ``2202.90.30, 2202.90.35, 2202.90.36 and 2202.90.37'' and
inserting ``2202.99.30, 2202.99.35, 2202.99.36 and 2202.99.37'' in lieu
thereof.
(13) The modifications to the HTS made by paragraph (12) of this
proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on the thirtieth day after the
date of publication of this proclamation in the Federal Register.
(14) In order to provide that Ukraine should no longer be treated as a
beneficiary developing country with respect to certain eligible articles
for purposes of the GSP, the HTS is modified as provided in Annex III of
this proclamation.
(15) In order to reflect the suspension of certain benefits under the
GSP with respect to Ukraine, the modifications made in Annex III shall
be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the date that is 120 days after
the date of publication of this proclamation in the Federal Register.
(16) In order to reflect in the HTS the termination of the suspension
of Argentina's designation as a GSP beneficiary developing country, the
HTS is modified as provided in Annex IV of this proclamation.
(17) The modifications to the HTS made by paragraph (16) of this
proclamation shall be effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2018.
(18) 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-second day
of December, in the year of our Lord two thousand seventeen, and of the
Independence of the United States of America the two hundred and forty-
second.
DONALD J. TRUMP


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