United States Statutes at Large, Volume 133, 116th Congress, 1st Session

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

 
Proclamation 9902 of May 31, 2019

To Modify the List of Beneficiary Developing Countries Under the Trade
Act of 1974

By the President of the United States of America

A Proclamation

1. In Executive Order 11888 of November 24, 1975, the President
designated India as a beneficiary developing country for purposes of the
Generalized System of Preferences (GSP) (19 U.S.C. 2461 et seq.).
2. Pursuant to section 502(d)(1) of the Trade Act of 1974, as amended
(the ``1974 Act'') (19 U.S.C. 2462(d)(1)), 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. In
taking any action under section 502(d)(1) of the 1974 Act, the President
shall consider the factors set forth in sections 501 and 502(c) of the
1974 Act (19 U.S.C. 2461 and 2462(c)).
3. Section 502(c)(4) of the 1974 Act (19 U.S.C. 2462(c)(4)) provides
that, in determining whether to designate any country as a beneficiary
developing country, the President shall take into account, among other
factors, the extent to which such country has assured the United States
that it will provide equitable and reasonable access to the markets and
basic commodity resources of such country and the extent to which such
country has assured the United States that it will refrain from engaging
in unreasonable export practices.
4. Consistent with section 502(d)(1) of the 1974 Act, and having
considered the factors set forth in sections 501 and 502(c), I have
determined that India has not assured the United States that India will
provide equitable and reasonable access to its markets. Accordingly, it
is appropriate to terminate India's designation as a beneficiary
developing country effective June 5, 2019.
5. Section 502(f)(2) of the 1974 Act (19 U.S.C. 2462(f)(2)) requires the
President to notify the Congress and the affected beneficiary developing
country, at least 60 days before termination, of the President's
intention to terminate the affected country's designation as a
beneficiary developing country, together with the considerations
entering into such decision. I notified the Congress and India on March
4, 2019, of my intent to terminate India's designation, together with
the considerations entering into my decision.
6. Pursuant to section 203 of the 1974 Act (19 U.S.C. 2253), and after
receiving a report from the International Trade Commission prepared
under section 202 of the 1974 Act (19 U.S.C. 2252), the President may
implement a measure in the form of a safeguard to address increased
imports of articles that are a substantial cause of serious injury to a
domestic industry producing like or directly competitive products. When
acting pursuant to section 203 of the 1974 Act, the President shall take
action that he determines will facilitate efforts of the domestic
industry to make a positive adjustment to import competition and provide
greater economic and social benefits than costs.
7. In Proclamation 9693 of January 23, 2018, pursuant to section 203 of
the 1974 Act, I implemented a safeguard measure on imports of certain
crystalline silicon photovoltaic (CSPV) cells, whether or not par

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tially or fully assembled into other products (including, but not
limited to, modules, laminates, panels, and building-integrated
materials) (``CSPV products''). In Proclamation 9694 of January 23,
2018, pursuant to section 203 of the 1974 Act, I implemented a safeguard
measure on imports of large residential washers.
8. The safeguard measures implemented by Proclamations 9693 and 9694
exempt imports of covered products from developing countries that are
Members of the World Trade Organization (WTO), including India, if such
a country's individual share of total imports of the product does not
exceed 3 percent and if imports of all such countries with less than 3
percent import share do not collectively account for more than 9 percent
of total imports of the product.
9. Consistent with my determination that it is appropriate to terminate
the designation of India as a beneficiary developing country under the
GSP, effective June 5, 2019, I have determined to remove it from the
list of developing country WTO Members exempt from application of the
safeguard measures on CSPV products and large residential washers. To
reflect India's removal from the list, I have determined that it is
appropriate to revise subdivision (b)(2) of U.S. note 17 and subdivision
(b) of U.S. note 18 to subchapter III of chapter 99 of the Harmonized
Tariff Schedule of the United States (HTS) to delete the references to
India.
10. 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 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.
11. In Proclamation 9887 of May 16, 2019, I terminated the designation
of Turkey as a beneficiary developing country for purposes of the GSP
and removed the exemption for Turkey from application of the safeguard
measures on CSPV products and large residential washers. To reflect this
termination and removal, I made certain modifications to the HTS,
effective with respect to goods entered for consumption, or withdrawn
from warehouse for consumption, on or after 12:01 a.m. eastern daylight
time on May 17, 2019.
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 sections
203 and 604 of the 1974 Act, do hereby proclaim that:
(1) The designation of India as a beneficiary developing country is
terminated, effective June 5, 2019.
(2) To reflect this termination, general notes 4(a) and 4(d) and
pertinent subheadings of the HTS are modified as set forth in Annex A to
this proclamation.
(3) 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.
(4) The exemption for India from application of the safeguard
measures on CSPV products and large residential washers is removed,
effective June 5, 2019.

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(5) To reflect this revision, subdivision (b)(2) of U.S. note 17 and
subdivision (b) of U.S. note 18 to subchapter III of chapter 99 of the
HTS are each modified as set forth in Annex B to this proclamation.
(6) Any merchandise from India or Turkey subject to the safeguard
measures implemented by Proclamation 9693 and Proclamation 9694 that is
admitted into a United States foreign trade zone on or after 12:01 a.m.
eastern daylight time on June 5, 2019, must be admitted as ``privileged
foreign status'' as defined in 19 CFR 146.41, and will be subject upon
entry for consumption to the safeguard measures implemented by
Proclamation 9693 and Proclamation 9694.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
May, in the year of our Lord two thousand nineteen, and of the
Independence of the United States of America the two hundred and forty-
third.
DONALD J. TRUMP


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