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

 
Proclamation 9834 of December 21, 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 8468 of December 23, 2009, the President designated
the Islamic Republic of Mauritania (Mauritania) as a beneficiary sub-
Saharan African country for purposes of section 506A(a)(1) of the Trade
Act of 1974, as amended (the ``Trade Act'';), as added by section 111(a)
of the African Growth and Opportunity Act (title I of Public Law 106-
200, 114 Stat. 251).
2. Section 506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3))
authorizes the President to terminate the designation of a country as a
beneficiary sub-Saharan African country for purposes of section 506A if
he

[[Page 5917]]

determines that the country is not making continual progress in meeting
the requirements described in section 506A(a)(1) of the Trade Act.
3. Pursuant to section 506A(a)(3) of the Trade Act, I have determined
that Mauritania is not making continual progress in meeting the
requirements described in section 506A(a)(1) of the Trade Act.
Accordingly, I have decided to terminate the designation of Mauritania
as a beneficiary sub-Saharan African country for purposes of section
506A of the Trade Act, effective January 1, 2019.
4. 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).
5. 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.
6. 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'';).
7. 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.
8. Each year from 2008 through 2017, 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.
9. 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; Proclamation
9383 of December 21, 2015; Proclamation 9555 of December 15, 2016; and
Proclamation 9687 of December 22, 2017, modified the Harmonized Tariff
Schedule of the United States (``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.
10. On November 8, 2018, the United States entered into an agreement
with Israel to extend the period that the 2004 Agreement is in force

[[Page 5918]]

through December 31, 2019, and to allow for further negotiations on an
agreement to replace the 2004 Agreement.
11. 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, 2019, for specified quantities of
certain agricultural products of Israel, as provided in Annex I of this
proclamation.
12. Section 915(b) of the Trade Facilitation and Trade Enforcement Act
of 2015 (the ``TFTEA'';) (19 U.S.C. 4454(b)) authorizes the President to
provide preferential treatment for eligible articles imported directly
from Nepal into the customs territory of the United States.
13. In Proclamation 9555 of December 15, 2016, the President determined,
taking into account the factors specified in section 915(b)(1)(B) of the
TFTEA, that Nepal met the eligibility requirements of that section.
Accordingly, and after receiving advice from the United States
International Trade Commission (the ``Commission'';) in accordance with
section 503(e) of the Trade Act (19 U.S.C. 2463(e)), the President
determined to designate certain articles as eligible for duty-free
treatment when imported from Nepal pursuant to section 915(c)(2)(A)(iv)
of the TFTEA.
14. Pursuant to section 604 of the Trade Act (19 U.S.C. 2483), I have
determined that it is appropriate to update the list of programs under
which special tariff treatment may be provided, and the programs'
corresponding symbols, found in general note 3(c)(i) of the HTS in order
to reflect more clearly the tariff preference for certain products of
Nepal and the symbol of that program.
15. Proclamation 8894 of October 29, 2012, implemented the United
States-Panama Trade Promotion Agreement (the ``PATPA'';) with respect to
the United States. Section 201(a) of the United States-Panama Trade
Promotion Agreement Implementation Act (the ``PATPA Act'';) (Public Law
112-43, 125 Stat. 497, 501), 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 Article
3.28 of the PATPA, among other portions of that agreement.
16. Sections 500, 514, and 625 of the Tariff Act of 1930 (19 U.S.C.
1500, 1514, and 1625) grant U.S. Customs and Border Protection
(``CBP'';) authority to determine the tariff classification of articles
that have entered, or will enter, the commerce of the United States. In
2017, CBP changed the classification of certain guayabera-style shirts
subject to Article 3.28 of the PATPA.
17. In order to ensure the continuation of duty-free treatment for
originating guayabera-style shirts subject to Article 3.28 of the PATPA,
and in accordance with section 201 of the PATPA Act, I have determined
that it is necessary and appropriate to modify the HTS to carry out the
duty reductions previously proclaimed.
18. Proclamation 6821 of September 12, 1995, established a tariff-rate
quota on certain tobacco and eliminated tariffs on certain other tobacco
by adding additional U.S. note 5 and various subheadings to chapter

[[Page 5919]]

24 of the HTS. Additional U.S. note 5 to chapter 24 of the HTS provides
that the tariff-rate quota applies to the aggregate quantity of tobacco
entered, or withdrawn from warehouse for consumption, under enumerated
HTS subheadings from specified countries or areas, except that the
tariff-rate quota does not apply to smoking tobacco unless it is
manufactured for use in cigarettes.
19. Proclamation 8771 of December 29, 2011, pursuant to the authority
provided in section 1206(a) of the Omnibus Trade and Competitiveness Act
of 1988 (the ``1988 Act'';) (19 U.S.C. 3006(a)), modified the HTS to
reflect amendments to the International Convention on the Harmonized
Commodity Description and Coding System (the ``Convention'';).
20. HTS subheading 2403.11.00, covering water pipe tobacco that is not
used in cigarettes, was incorrectly added to the subheadings enumerated
in additional U.S. note 5 to chapter 24. I have determined, in
accordance with section 604 of the Trade Act, that a modification to the
HTS is needed to correct this technical error.
21. In accordance with my direction, the United States Trade
Representative announced in the Federal Register notice of September 21,
2018, 83 FR 47974 (the ``USTR Notice'';), his determination to modify
the action taken in the Section 301 Action: China's Acts, Policies, and
Practices Related to Technology Transfer, Intellectual Property, and
Innovation by imposing additional duties on products of China classified
in the full and partial HTS subheadings set out in Annex A of that
notice. The full and partial subheadings covered by the USTR Notice
include HTS subheading 2009.89.60.
22. Subsequently, Proclamation 9813 of October 30, 2018, divided HTS
subheading 2009.89.60 into two new subheadings, 2009.89.65 and
2009.89.70, 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 Generalized System of
Preferences. In order to maintain the scope of the modification to the
Section 301 action announced in the USTR Notice, and in accordance with
section 604 of the Trade Act, I have determined that it is necessary to
modify U.S. note 20(f) to subchapter III of chapter 99 of the HTS.
23. The Miscellaneous Tariff Bill Act of 2018 (Public Law 115-239, 132
Stat. 2451), enacted on September 13, 2018, and effective October 13,
2018, created three headings in the HTS, 9902.01.15, 9902.01.16, and
9902.01.17, that refer to articles provided for in subheading
2009.89.60. As a result of the division of that subheading into two new
subheadings in Proclamation 9813, those articles are now provided for in
2009.89.70. In accordance with section 604 of the Trade Act, I have
determined that it is necessary to amend headings 9902.01.15,
9902.01.16, and 9902.01.17 of the HTS to reflect the correct new
subheading.
24. On June 30, 2007, the United States signed the United States-Korea
Free Trade Agreement (the ``KORUS'';). The Congress approved the KORUS
in section 101(a) of the United States-Korea Free Trade Agreement
Implementation Act (the ``KORUS Act'';) (Public Law 112-41, 125 Stat.
428).

[[Page 5920]]

25. Proclamation 8783 of March 6, 2012, implemented the KORUS with
respect to the United States and, pursuant to section 201 of the KORUS
Act, incorporated in the HTS the tariff modifications necessary or
appropriate to carry out the staged reductions in duty that the
President determined to be necessary or appropriate to carry out or
apply Articles 2.3, 2.5, and 2.6 of the KORUS, and the schedule of duty
reductions with respect to Korea set forth in Annex 2-B, Annex 4-B, and
Annex 22-A of the KORUS.
26. Section 201(b) of the KORUS Act (125 Stat. 433) authorizes the
President, subject to the consultation and layover requirements of
section 104 (125 Stat. 431-32), to proclaim such modifications or
continuation of any duty, such modifications as the United States may
agree to with Korea regarding the staging of any duty treatment set
forth in Annex 2-B of the KORUS, such continuation of duty-free or
excise treatment, or such additional duties, as the President determines
to be necessary or appropriate to maintain the general level of
reciprocal and mutually advantageous concessions with respect to Korea
provided for by the KORUS.
27. The United States and Korea have agreed to modify the KORUS by
modifying the staging of duty treatment for specific goods of Korea. I
have determined that modification of the tariff treatment set forth in
Proclamation 8783 is therefore necessary or appropriate to maintain the
general level of reciprocal and mutually advantageous concessions with
respect to Korea provided for by the KORUS, and to carry out the
agreement with Korea modifying the staging of duty treatment for
specific goods.
28. On June 13, 2018, in accordance with section 104 of the KORUS Act,
the United States Trade Representative submitted a report to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives that set forth the proposed
modifications to the duties for specific goods of Korea under the KORUS.
The consultation and layover period specified in section 104 expired on
August 11, 2018.
29. Section 1206(a) of 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 Convention and do not run
counter to the national economic interest of the United States.
30. In Proclamation 9771 of July 30, 2018, pursuant to the authority
provided in section 1206(a) of the 1988 Act, the President modified the
HTS to reflect a small number of amendments to the Convention.
31. In order to ensure the continuation of staged reductions in rates of
duty for originating goods of Korea as provided in Proclamation 8783,
under tariff categories that were modified in Proclamation 9771 to
reflect the amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or appropriate.
32. Proclamation 7971 of December 22, 2005, implemented the United
States-Morocco Free Trade Agreement (the ``USMFTA'';) with respect to
the United States and, pursuant to the United States-Morocco Free Trade
Agreement Implementation Act (Public Law 108-302, 118 Stat. 1103) (the
``USMFTA Act'';), incorporated in the HTS the tariff modi

[[Page 5921]]

fications and rules of origin necessary or appropriate to carry out the
USMFTA.
33. Section 203 of the USMFTA Act (118 Stat. 1109-15) provides rules for
determining whether goods imported into the United States originate in
the territory of Morocco and thus are eligible for the tariff and other
treatment contemplated under the USMFTA. Section 203(j)(2)(B)(i) of the
USMFTA Act (118 Stat. 1115) authorizes the President to proclaim, as a
part of the HTS, the rules of origin set out in the USMFTA, and to
proclaim modifications to such previously proclaimed rules of origin,
subject to the consultation and layover requirements of section 104 of
the USMFTA Act (118 Stat. 1106).
34. The United States and Morocco have agreed to modify certain USMFTA
rules of origin and to apply the modified rules to their bilateral
trade. On November 21, 2017, in accordance with section 104 of USMFTA
Act, the United States Trade Representative submitted a report to the
Committee on Finance of the Senate and the Committee on Ways and Means
of the House of Representatives that set forth the proposed
modifications to specific textile and apparel rules of origin of the
USMFTA incorporated in the HTS. The consultation and layover period
specified in section 104 expired on January 20, 2018.
35. In order to reflect the agreement between the United States and
Morocco related to USMFTA rules of origin, I have determined that it is
necessary to modify the HTS.
36. 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.
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 section 506A(a)(3)
of the Trade Act (19 U.S.C. 2466a(a)(3)); section 4(b) of the USIFTA Act
(19 U.S.C. 2112 note); section 201(a) of the PATPA Act (125 Stat. 501);
section 1206(a) of the 1988 Act (19 U.S.C. 3006(a)); section 201(b) of
the KORUS Act (125 Stat. 433); section 203(j) of the USMFTA Act (118
Stat. 1115); and section 604 of the Trade Act (19 U.S.C. 2483), do
proclaim that:
(1) The designation of Mauritania as a beneficiary sub-Saharan
African country for purposes of section 506A of the Trade Act is
terminated, effective January 1, 2019.
(2) In order to reflect in the HTS that beginning January 1, 2019,
Mauritania shall no longer be designated as a beneficiary sub-Saharan
African country, general note 16(a) to the HTS is modified by deleting
``Islamic Republic of Mauritania''; from the list of beneficiary sub-
Saharan African countries.
(3) The modification to the HTS set forth in paragraphs (1) and (2)
of this proclamation shall be effective with respect to articles that
are entered for consumption, or withdrawn from warehouse for
consumption, on or after January 1, 2019.
(4) In order to implement United States tariff commitments under the
2004 Agreement through December 31, 2019, the HTS is modified as
provided in Annex I of this proclamation.

[[Page 5922]]

(5) 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 for consumption, or withdrawn from
warehouse for consumption, on or after January 1, 2019.
(6) 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, 2019.
(7) In order to reflect the tariff preference for certain products
from Nepal, the HTS is modified by adding ``Nepal Preference
Program.........NP''; after ``United States-Panama Trade Promotion
Agreement Implementation Act.........PA''; in general note 3(c)(i). The
modification set forth in this paragraph shall be effective with respect
to goods that are entered for consumption, or withdrawn from warehouse
for consumption, on or after January 1, 2019, and shall continue in
effect through December 31, 2025.
(8) In order to provide for previously proclaimed duty-free
treatment for originating guayabera-style shirts under the PATPA, the
HTS is modified by deleting ``heading 6205 or 6206''; and by inserting
in lieu thereof ``heading 6205, 6206, or 6211''; in U.S. note 41 to
subchapter XXII of chapter 98. The modification set forth in this
paragraph shall be effective with respect to goods that are entered for
consumption, or withdrawn from warehouse for consumption, on or after
January 1, 2019.
(9) In order to correct a technical error in the administration of a
tobacco tariff-rate quota, additional U.S. note 5(a) to chapter 24 is
modified by deleting ``2403.11.00'';. The modification set forth in this
paragraph shall be effective with respect to goods that are entered for
consumption, or withdrawn from warehouse for consumption, on or after
January 1, 2019.
(10) In order to maintain the scope of the modification of the
Section 301 action, U.S. note 20(f) to subchapter III of chapter 99 of
the HTS is modified by deleting ``2009.89.60''; and inserting
``2009.89.65''; and ``2009.89.70''; in numerical sequence. The
modification set forth in this paragraph shall be effective with respect
to goods that are entered for consumption, or withdrawn from warehouse
for consumption, on or after November 1, 2018.
(11) In order to reflect modifications to certain HTS subheadings
made in Proclamation 9813 and to provide the intended tariff treatment
under the Miscellaneous Tariff Bill of 2018, headings 9902.01.15,
9902.01.16, and 9902.01.17 of the HTS are each amended by deleting
``subheading 2009.89.60''; and inserting ``subheading 2009.89.70''; in
lieu thereof. The modification set forth in this paragraph shall be
effective with respect to goods that are entered for consumption, or
withdrawn from warehouse for consumption, on or after November 1, 2018.
(12) In order to modify the staging of duty treatment for specific
goods of Korea under the terms of general note 33 to the HTS:
(a) the tariff treatment set forth in Proclamation 8783 with respect
to subheadings 8704.21.00, 8704.22.50, 8704.23.00, 8704.31.00,
8704.32.00, and 8704.90.00 is terminated, effective with respect to
goods that are entered for consumption, or withdrawn from warehouse for
consumption, on or after January 1, 2019;

[[Page 5923]]

(b) in the Rates of Duty 1-Special subcolumn of column 1 for
subheadings 8704.21.00, 8704.22.50, 8704.23.00, 8704.31.00, 8704.32.00,
and 8704.90.00, the rate of duty ``25% (KR)''; shall continue in effect
through December 31, 2040; and
(c) effective with respect to goods that are entered for
consumption, or withdrawn from warehouse for consumption, on or after
January 1, 2041, subheadings 8704.21.00, 8704.22.50, 8704.23.00,
8704.31.00, 8704.32.00, and 8704.90.00 are hereby modified by inserting,
in the Rates of Duty 1-Special subcolumn of column 1 in the
parenthetical expression following the ``Free''; rate of duty, the
symbol ``KR'';.
(13) In order to provide for the continuation of previously
proclaimed staged duty reductions in the Rates of Duty 1-Special
subcolumn for originating goods of Korea under the KORUS that are
classifiable in the provisions modified by Annex III of Proclamation
9771 and entered for consumption, or withdrawn from warehouse for
consumption, on or after each of the dates specified in Proclamation
9771, the HTS is modified as follows:
(a) effective January 1, 2019, the rate of duty in the HTS set forth
in the Rate of Duty 1-Special subcolumn for each of the HTS subheadings
enumerated in Annex II of this proclamation shall be modified by
inserting in such subcolumn for each subheading the rate of duty
specified for such subheading in the table column ``2019''; before the
symbol ``KR''; in parentheses; and
(b) for each of the subsequent dated table columns, the rates of
duty in such subcolumn for such subheadings set forth before the symbol
``KR''; in parentheses are deleted and the rates of duty for such dated
table column are inserted in each enumerated subheading in lieu thereof.
(14) In order to implement agreed amendments to certain textile
rules of origin under the USMFTA, general note 27 to the HTS is modified
as set forth in Annex III of this proclamation. The modifications set
forth in Annex III of this proclamation shall enter into effect on the
first day of the month following the date the United States Trade
Representative announces in a notice published in the Federal Register
that Morocco has completed its applicable domestic procedures to give
effect to corresponding modifications to be applied to goods of the
United States.
(15) 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-first day of
December, 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

[[Page 5924]]


[GRAPHIC] [TIFF OMITTED] TD07JA19.000



[[Page 5925]]

[GRAPHIC] [TIFF OMITTED] TD07JA19.001




[[Page 5926]]

[GRAPHIC] [TIFF OMITTED] TD07JA19.002