[United States Statutes at Large, Volume 132, 115th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 9771 of July 30, 2018

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 7350 of October 2, 2000, the President designated the
Republic of Rwanda (``Rwanda'';) as a beneficiary sub-Saharan African
country for purposes of section 506A(a)(1) of the Trade Act of 1974 (the
``1974 Act'';) (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of
the African Growth and Opportunity Act (the ``AGOA'';).
2. Sections 506A(d)(4)(C) (19 U.S.C. 2466a(d)(4)(C)) and 506A(c)(1) (19
U.S.C. 2466a(c)(1)) of the 1974 Act authorize the President to suspend
the application of duty-free treatment provided for any article
described in section 506A(b)(1) of the 1974 Act (19 U.S.C. 2466a(b)(1))
or section 112 of the AGOA (19 U.S.C. 3721) with respect to a
beneficiary sub-Saharan African country if the President determines that
the beneficiary country is not meeting the requirements described in
section 506A(a)(1) of the 1974 Act, and that suspending such duty-free
treatment would be more effective in promoting compliance by the country
with those requirements than terminating the designation of the country
as a beneficiary sub-Saharan African country for purposes of section
506A of the 1974 Act.
3. Pursuant to section 506A(c)(1) of the 1974 Act, I have determined
that Rwanda is not meeting the requirements described in section
506A(a)(1) of the 1974 Act and that suspending the application of duty-
free treatment to certain goods would be more effective in promoting
compliance by Rwanda with such requirements than terminating the
designation of Rwanda as a beneficiary sub-Saharan African country.
Accordingly, I have decided to suspend the application of duty-free
treatment for all AGOA-eligible goods in the apparel sector from Rwanda
for purposes of section 506A of the 1974 Act.
4. Proclamation 8039 of July 27, 2006, implemented the United States-
Bahrain Free Trade Agreement (``USBFTA'';) with respect to the United
States and, pursuant to section 101(a) of the United States-Bahrain Free
Trade Agreement Implementation Act (the ``USBFTA Implementation Act'';)
(19 U.S.C. 3805 note), incorporated in the Harmonized Tariff Schedule of
the United States (HTS) the rules of origin necessary or appropriate to
carry out the USBFTA.
5. 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

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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.
6. In Proclamation 9549 of December 1, 2016, pursuant to the authority
provided in section 1206(a) of the 1988 Act, the President modified the
HTS to reflect amendments to the Convention. Bahrain is a party to the
Convention and likewise implemented the amendments to the Convention in
its tariff schedule.
7. Because of these changes in the national tariff schedules of the
parties to the USBFTA, the rules of origin set out in Annexes 3-A and 4-
A of the USBFTA must be changed to ensure that the tariff and certain
other treatment accorded under the USBFTA to originating goods will
continue to be provided under the tariff categories that were modified
in Proclamation 9549. The USBFTA parties have agreed to make these
changes in a protocol to the USBFTA that went into effect on November
30, 2017.
8. Section 202 of the USBFTA Implementation Act provides certain rules
for determining whether a good is an originating good for purposes of
implementing tariff treatment under the USBFTA. Section 202(j)(1) of the
USBFTA Implementation Act authorizes the President to proclaim the rules
of origin set out in the USBFTA and any subordinate categories necessary
to carry out the USBFTA, subject to certain exceptions set out in
section 202(j)(2)(A).
9. I have determined that modifications to the HTS proclaimed pursuant
to section 1206(a) of the 1988 Act are necessary or appropriate to
ensure the continuation of treatment accorded originating goods under
tariff categories modified in Proclamation 9549.
10. Following the amendments to the Convention reflected by the
modifications to the HTS made in Proclamation 9549, the World Customs
Organization issued a small number of conforming amendments to the
Convention that should have been included in the amendments that were
implemented on January 1, 2017, pursuant to Proclamation 9549. The
Commission then recommended additional modifications to the HTS pursuant
to section 1205 of the 1988 Act to conform the HTS to these most recent
amendments to the Convention. I have determined that these recommended
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.
11. Proclamation 9693 of January 23, 2018, implemented action in the
form of a safeguard measure under section 203 of the 1974 Act (19 U.S.C.
2253) with respect to certain crystalline silicon photovoltaic cells,
whether or not partially or fully assembled into other products (such as
modules).
12. The safeguard measure imposed a tariff-rate quota, for a period of 4
years, on imports of solar cells that are not partially or fully
assembled into other products, and an increase in duties on imports of
modules, as defined by Note 18(g) in subchapter III of chapter 99 of the
HTS, also for a period of 4 years.
13. 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

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thereunder, including removal, modification, continuance, or imposition
of any rate of duty or other import restriction.
14. Proclamation 9693 modified chapter 99 of the HTS to implement the
safeguard measure described in paragraphs 11 and 12 of this
proclamation. Those modifications included certain technical errors, and
I have determined, pursuant to section 604 of the 1974 Act, that
modifications to the HTS are necessary to correct them.
15. Section 1206(c) of the 1988 Act provides that modifications
proclaimed by the President under section 1206(a) 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
sections 506A(d)(4)(C) and 506A(c)(1) of the 1974 Act; section 1206(a)
of the 1988 Act; and sections 203 and 604 of the 1974 Act, do proclaim
that:
(1) The application of duty-free treatment for all AGOA-eligible
goods in the apparel sector from Rwanda is suspended for purposes of
section 506A of the 1974 Act, effective July 31, 2018.
(2) In order to reflect in the HTS that, beginning on July 31, 2018,
the application of duty-free treatment for all AGOA-eligible goods in
the apparel sector from Rwanda shall be suspended, the HTS is modified
as set forth in Annex I to this proclamation.
(3) In order to reflect in the HTS the modifications to the rules of
origin under the USBFTA, general note 30 to the HTS is modified as
provided in Annex II to this proclamation.
(4) The modifications to the HTS set forth in Annex II shall be
effective with respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after the date that is 30 days
after the date of publication of this proclamation in the Federal
Register.
(5) In order to conform the HTS to the most recent amendments to the
Convention, the HTS is modified as set forth in Annex III to this
proclamation.
(6) The modifications to the HTS set forth in Annex III shall be
effective with respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after the later of (i) the date
that is 30 days after the date of publication of this proclamation in
the Federal Register, or (ii) the first day of the month that follows
after such thirtieth day.
(7) In order to correct technical errors in the annex to
Proclamation 9693, Note 18(c)(iii) in subchapter III of chapter 99 of
the HTS is modified by deleting the phrase ``Subheadings 9903.45.21 and
9903.45.22 shall likewise''; and by inserting in lieu thereof the phrase
``Subheading 9903.45.25 shall'';; and Note 18(g) is modified by deleting
``For purposes of''; and by inserting in lieu thereof ``Subject to the
provisions of subdivision (c)(iii) of this note, for purposes of'';.
(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.

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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
July, in the year of our Lord two thousand eighteen, and of the
Independence of the United States of America the two hundred and forty-
third.
DONALD J. TRUMP

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