    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 10128 of December 22, 2020
    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 8618 of December 21, 2010, the President determined
    that the Democratic Republic of the Congo (DRC) was not making continual
    progress in meeting the requirements described in 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 (the ``AGOA'';)
    (title I of Public Law 106-200, 114 Stat. 251, 257-58 (19 U.S.C.
    2466a(a)(1))). Thus, pursuant to section 506A(a)(3) of the Trade Act (19
    U.S.C. 2466a(a)(3)), the President terminated the

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    designation of the DRC
    as a beneficiary sub-Saharan African country for purposes of section
    506A(a)(1) of the Trade Act.
    2. Section 506A(a)(1) of the Trade Act authorizes the President to
    designate a country listed in section 107 of the AGOA (19 U.S.C. 3706)
    as a ``beneficiary sub-Saharan African country''; if the President
    determines that the country meets the eligibility requirements set forth
    in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility
    criteria set forth in section 502 of the Trade Act (19 U.S.C. 2462).
    3. Pursuant to section 506A(a)(1) of the Trade Act, based on actions
    that the Government of the DRC has taken, I have determined that the DRC
    meets the eligibility requirements set forth in section 104 of the AGOA
    and the eligibility criteria set forth in section 502 of the Trade Act,
    and I have determined to designate the DRC as a beneficiary sub-Saharan
    African country.
    4. Section 112(c) of the AGOA, as amended in section 6002 of the Africa
    Investment Incentive Act of 2006 (division D of title VI of Public Law
    109-432, 120 Stat. 2922, 3190-93 (19 U.S.C. 3721(c))), provides special
    rules for certain apparel articles imported from ``lesser developed
    beneficiary sub-Saharan African countries.'';
    5. I have also determined that the DRC satisfies the criterion for
    treatment as a ``lesser developed beneficiary sub-Saharan African
    country''; under section 112(c) of the AGOA.
    6. 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'';) (Public Law 99-47, 99 Stat. 82 (19 U.S.C. 2112 note)).
    7. 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.
    8. 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'';).
    9. In Proclamation 7826 of October 4, 2004, consistent with the 2004
    Agreement, the President 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.

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    10. Each year from 2008 through 2019, 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.
    11. 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; Proclamation 9687 of December 22, 2017; Proclamation
    9834 of December 21, 2018; and Proclamation 9974 of December 26, 2019,
    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.
    12. On December 3, 2020, the United States entered into an agreement
    with Israel to extend the period that the 2004 Agreement is in force
    through December 31, 2021, and to allow for further negotiations on an
    agreement to replace the 2004 Agreement.
    13. 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, 2021, for specified quantities of
    certain agricultural products of Israel, as provided in Annex I of this
    proclamation.
    14. 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.
    15. The Caribbean Basin Economic Recovery Act, as amended (the
    ``CBERA'';), (title II of Public Law 98-67, 97 Stat. 384 (19 U.S.C. 2701
    et seq.)), instituted a duty preference program that applies to a
    product of a Caribbean Basin country that has been designated by the
    President as a beneficiary country. On October 10, 2020, the President
    signed into law the Extension of the Caribbean Basin Economic Recovery
    Act (Public Law 116-164, 134 Stat. 758), which extends certain
    preferential tariff treatment accorded under the CBERA to September 30,
    2030. I have determined, pursuant to section 604 of the Trade Act, that
    it is necessary to modify the HTS to reflect the extension of the CBERA.
    16. On August 21, 2020, in accordance with section 103(a)(2) of the
    Bipartisan Congressional Trade Priorities and Accountability Act of 2015
    (the ``Trade Priorities Act'';) (title I of Public Law 114-26, 129 Stat.
    319, 333 (19 U.S.C. 4202(a)(2))), I notified the Congress that I
    intended to enter into an agreement regarding tariff barriers with the
    European Union under section 103(a) of the Trade Priorities Act. On
    November 20, 2020, the United States entered into such an agreement with
    the European Union.
    17. Section 103(a)(1) of the Trade Priorities Act authorizes the
    President to proclaim such modification of any existing duty as the
    Presi-

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    dent determines to be required or appropriate to carry out a trade
    agreement entered into under section 103(a). The President generally may
    proclaim such modification provided that the modification does not
    reduce the rate of duty to a rate that is less than 50 percent of the
    rate of such duty that applied on June 29, 2015; does not reduce the
    rate of duty below that applicable under the Uruguay Round Agreements or
    a successor agreement on any import-sensitive agricultural product; and
    does not increase the rate of duty above the rate of such duty that
    applied on June 29, 2015.
    18. Pursuant to section 103(a) of the Trade Priorities Act, I have
    determined that it is required and appropriate to modify existing duties
    with respect to certain goods to carry out the agreement regarding
    tariff barriers with the European Union for such time as the European
    Union carries out the agreement.
    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)(1)
    and section 604 of the Trade Act; sections 111(a) and 112(c) of the
    AGOA; section 6002 of the Africa Investment Incentive Act of 2006;
    section 4(b) of the USIFTA Act; and section 103(a) of the Trade
    Priorities Act, do proclaim that:
    (1) The DRC is designated as a beneficiary sub-Saharan African
    country for purposes of section 506A of the Trade Act.
    (2) In order to reflect this designation in the HTS, general note
    16(a) to the HTS is modified by inserting in alphabetical sequence in
    the list of beneficiary sub-Saharan African countries ``Democratic
    Republic of the Congo'';.
    (3) For purposes of section 112(c) of the AGOA, the DRC is a lesser
    developed beneficiary sub-Saharan African country.
    (4) In order to provide the tariff treatment intended under section
    112(c) 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 ``Democratic
    Republic of the Congo'';.
    (5) The modifications to the HTS set forth in paragraphs (1) through
    (4) 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, 2021.
    (6) In order to implement United States tariff commitments under the
    2004 Agreement through December 31, 2021, the HTS is modified as
    provided in Annex I of this proclamation.
    (7) 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, 2021.
    (8) 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, 2021.
    (9) In order to reflect in the HTS the provisions of the extension
    of the CBERA, general note 17(f)(i) is modified by deleting ``September
    30, 2020''; and inserting, in lieu thereof, ``September 30, 2030'';.

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    (10) In order to modify duties on certain goods to carry out the
    agreement regarding tariff barriers with the European Union, the HTS is
    modified as set forth in Annex II to this proclamation.
    (11) The modifications to the HTS set forth in Annex II to this
    proclamation shall enter into effect on the dates indicated in Annex II
    and remain in effect until the date on which the European Union ceases
    to carry out the agreement, as determined by the United States Trade
    Representative (USTR) in a notice published in the Federal Register.
    The HTS shall be modified to revert to the duty rate in effect on July
    31, 2020, for each subheading identified in Annex II, effective on that
    date as determined by the USTR. The USTR shall publish notice of such a
    determination in the Federal Register.
    IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
    of December, in the year of our Lord two thousand twenty, and of the
    Independence of the United States of America the two hundred and forty-
    fifth.
    DONALD J. TRUMP

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