    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 9955 of October 25, 2019

    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. In Proclamation 9687 of December 22, 2017, after considering the
    factors set forth in sections 501 and 502(c) of the Trade Act of 1974,
    as amended, (the ``1974 Act'') (19 U.S.C. 2461 and 2462(c)), I suspended
    the duty-free treatment accorded under the Generalized System of
    Preferences (GSP) (19 U.S.C. 2461 et seq.) to certain eligible articles
    that are the product of Ukraine. I did so after considering, in
    particular, the extent to which Ukraine was providing adequate and
    effective protection of intellectual property rights, in accordance with
    section 502(c)(5) of the 1974 Act (19 U.S.C. 2462(c)(5)).
    2. Having once again considered the factors set forth in sections 501
    and 502(c) of the 1974 Act, and in particular section 502(c)(5), I have
    determined that Ukraine has made progress in providing adequate and
    effective protection of intellectual property rights. Accordingly, it is
    appropriate to terminate the suspension of the duty-free treatment
    accorded under the GSP to certain eligible articles that are the product
    of Ukraine, effective 5 days after the date of this proclamation.
    3. In Executive Order 11844 of March 24, 1975, the President designated
    Thailand as a beneficiary developing country for purposes of the GSP.
    4. Sections 502(d)(1) and 503(c)(1) of the 1974 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 GSP with respect to any beneficiary developing country and any
    article upon consideration of the factors set forth in sections 501 and
    502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)).
    5. Section 502(c)(7) of the 1974 Act (19 U.S.C. 2462(c)(7)) provides
    that, in determining whether to designate any country as a beneficiary

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    developing country under the GSP, the President shall take into account
    whether or not such country has taken or is taking steps to afford to
    workers in that country (including any designated zone in that country)
    internationally recognized worker rights.
    6. Pursuant to sections 502(d)(1) and 503(c)(1) of the 1974 Act (19
    U.S.C. 2462(d)(1) and 2463(c)(1)), and having considered the factors set
    forth in sections 501 and 502(c), including in particular section
    502(c)(7) (19 U.S.C. 2462(c)(7)), I have determined that Thailand is not
    taking steps to afford to workers in Thailand internationally recognized
    worker rights. Accordingly, it is appropriate to suspend the duty-free
    treatment accorded under the GSP to certain eligible articles that are
    the product of Thailand, effective 6 months after the date of this
    proclamation.
    7. Pursuant to section 503(c)(1) of the 1974 Act, the President may
    withdraw, suspend, or limit the application of the duty-free treatment
    accorded to specified articles under the GSP when imported from
    designated beneficiary developing countries.
    8. 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 afforded to eligible articles under the GSP.
    9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
    that in 2018 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.
    10. 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)).
    11. 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.
    12. 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.
    13. 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

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    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 an article
    from a certain beneficiary developing country.
    14. 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.
    15. 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 certain countries as
    beneficiary developing countries with respect to certain eligible
    articles 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.
    16. Section 503(c)(2)(E) of the 1974 Act (19 U.S.C. 2463(c)(2)(E))
    provides that the competitive need limitation provided in section
    503(c)(2)(A)(i)(II) of the 1974 Act shall not apply with respect to any
    eligible article if a like or directly competitive article was not
    produced in the United States in any of the preceding three calendar
    years.
    17. Pursuant to section 503(c)(2)(E) 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 does not apply with respect to a
    certain eligible article from a certain beneficiary developing country.
    18. In Proclamation 9072 of December 23, 2013, the President designated
    Mali as a beneficiary sub-Saharan African country pursuant to section
    506A(a)(1) of the 1974 Act (19 U.S.C. 2466a(a)(1)), as added by section
    111(a) of the African Growth and Opportunity Act (Title I, Public Law
    106-200) (AGOA).
    19. Section 112(c) of the AGOA, as amended in section 6002 of the Africa
    Investment Incentive Act of 2006 (Division D, Title VI, Public Law 109-
    432 (19 U.S.C. 3721(c))), provides special rules for certain apparel
    articles imported from ``lesser developed beneficiary sub-Saharan
    African countries.''
    20. I have determined that Mali satisfies the criterion for treatment as
    a ``lesser developed beneficiary sub-Saharan African country'' under
    section 112(c) of the AGOA.
    21. The short-form name of ``Macedonia'' has changed to ``North
    Macedonia,'' and I have determined that general note 4(a) and Chapter
    99, Subchapter III, U.S. notes 17(b)(2) and 18(b), to the HTS should be
    modified to reflect this change.
    22. 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,
    includ

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    ing 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; sections 111(a) and 112(c) of the AGOA; and section
    6002 of the Africa Investment Incentive Act of 2006, do hereby proclaim
    that:
    (1) The suspension of the duty-free treatment accorded under the GSP
    to certain eligible articles that are the product of Ukraine is
    terminated, effective 5 days after the date of this proclamation.
    (2) In order to reflect in the HTS this termination of the
    suspension of certain benefits with respect to Ukraine, general note
    4(d) and pertinent subheadings of the HTS are modified as set forth in
    Annex 1 to this proclamation.
    (3) The duty-free treatment accorded under the GSP to certain
    eligible articles that are the product of Thailand is suspended,
    effective 6 months after the date of this proclamation.
    (4) In order to reflect in the HTS this suspension of certain
    benefits under the GSP with respect to Thailand, general note 4(d) and
    pertinent subheadings of the HTS are modified as set forth in Annex 2 to
    this proclamation.
    (5) 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 section A and B of Annex 3
    and Annex 7 to this proclamation.
    (6) In order to redesignate certain articles as 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 C, D, E, and F of Annex 3 and sections
    A and B of Annex 6 to this proclamation.
    (7) 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 set forth in Annex 4 to this proclamation.
    (8) A waiver of the application of section 503(c)(2) of the 1974 Act
    shall apply to the eligible article in the HTS subheading and to the
    beneficiary developing country set forth in Annex 5 to this
    proclamation.
    (9) For purposes of section 112(c) of the AGOA, Mali is a lesser
    developed beneficiary sub-Saharan African country.
    (10) In order to provide for Mali the tariff treatment intended
    under section 112 of the AGOA, note 2(d) to subchapter XIX of chapter 98
    of the HTS is modified by inserting in alphabetical sequence in the list
    of lesser developed beneficiary sub-Saharan African countries ``Republic
    of Mali''.

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    (11) The modification to the HTS made by paragraph (10) of this
    proclamation shall enter into effect on the 30th day after publication
    of this proclamation in the Federal Register.
    (12) In order to reflect the change in the name of Macedonia,
    general note 4(a) and Chapter 99, Subchapter III, U.S. notes 17(b)(2)
    and 18(b), to the HTS are modified as set forth in Annex 7 to this
    proclamation.
    (13) The modifications to the HTS set forth in Annex 3, Annex 6, and
    Annex 7 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, 2019.
    (14) 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-fifth day of
    October, in the year of our Lord two thousand nineteen, and of the
    Independence of the United States of America the two hundred and forty-
    fourth.
    DONALD J. TRUMP

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