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

 
Proclamation 9813 of October 30, 2018

To Modify the List of Products Eligible for Duty-Free Treatment Under
the Generalized System of Preferences

By the President of the United States of America

A Proclamation

1. Pursuant to section 503(c)(1) of the Trade Act of 1974, as amended
(the ``1974 Act'';) (19 U.S.C. 2463(c)(1)), the President may withdraw,
suspend, or limit application of the duty-free treatment that is
accorded to specified articles under the Generalized System of
Preferences (GSP) when imported from designated beneficiary developing
countries.
2. 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
U.S.C. 2461 and 2462(c)), I have determined to withdraw the application
of the duty-free treatment accorded to a certain article.
3. 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 duty-free treatment accorded to eligible articles under the GSP.

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4. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that in 2017 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.
5. 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 with respect to any
eligible article from any beneficiary developing country if certain
conditions are met.
6. Pursuant to section 503(d)(1) of the 1974 Act, I have received the
advice of the United States International Trade 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 certain eligible articles
from certain beneficiary developing countries.
7. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C))
provides that a country that is no longer treated as a beneficiary
developing country with respect to an eligible article may be
redesignated as a beneficiary developing country with respect to such
article, subject to the considerations set forth in sections 501 and 502
of the 1974 Act, if imports of such article from such country did not
exceed the competitive-need limitations in section 503(c)(2)(A) of the
1974 Act during the preceding calendar year.
8. Pursuant to section 503(c)(2)(C) of the 1974 Act, and having taken
into account the considerations set forth in sections 501 and 502 of the
1974 Act, I have determined to redesignate a certain country as a
beneficiary developing country with respect to a certain eligible
article that during the preceding calendar year had been imported in
quantities not exceeding the competitive-need limitations of section
503(c)(2)(A) of the 1974 Act.
9. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President
to embody in the Harmonized Tariff Schedule of the United States (HTS)
the substance of the relevant provisions of the 1974 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 hereby proclaim that:
(1) In order to provide that several 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 A, B, C, and D of Annex I
to this proclamation.

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(2) In order to redesignate a certain article as an eligible article
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 E and F of Annex I to this
proclamation.
(3) A waiver of the application of section 503(c)(2) of the 1974 Act
shall apply to the eligible articles in the HTS subheadings exported by
the beneficiary developing countries as set forth in Annex II to this
proclamation.
(4) The modifications to the HTS set forth in Annexes I and II of
this proclamation shall be effective with respect to articles entered
for consumption, or withdrawn from warehouse for consumption, on or
after 12:01 a.m. eastern daylight time on November 1, 2018.
(5) 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 thirtieth day of
October, 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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