    [Weekly Compilation of Presidential Documents Volume 44, Number 52 (Monday, January 5, 2009)]
    [Pages 1591-1593]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Proclamation 8334--To Extend Duty-Free Treatment for Certain
    Agricultural Products of Israel and for Other Purposes

     December 31, 2008

     By the President of the United States

     of America

     A Proclamation

        1. 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
    (USIFTA), which the Congress approved in the United States-Israel Free
    Trade Area Implementation Act of 1985 (the ``USIFTA Act'') (19 U.S.C.
    2112 note).
        2. 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''). The 2004 Agreement reflects an effort by the United States
    and Israel to address, through 2008, their continuing differences over
    the meaning of certain provisions in the USIFTA governing access for
    U.S. agricultural products to Israel's market.
        3. 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.
        4. In Proclamation 7826 of October 4, 2004, consistent with the 2004
    Agreement, I proclaimed modifications to the Harmonized Tariff Schedule
    of the United States (HTS) to provide duty-free access into the United
    States through December 31, 2008, for specified quantities of certain
    agricultural products of Israel.
        5. On December 10, 2008, the United States entered into an agreement
    with Israel to extend the period that the 2004 Agreement is in force
    through December 31, 2009, to allow additional time for the two
    governments to conclude an agreement to replace the 2004 Agreement.
        6. 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

    [[Page 1592]]

    the United States through the close of December 31, 2009, for specified
    quantities of certain agricultural products of Israel.
        7. On June 6, 2003, the United States and Chile entered into the
    United States-Chile Free Trade Agreement (USCFTA). The Congress approved
    the USCFTA in section 101(a) of the United States-Chile Free Trade
    Agreement Implementation Act (the ``USCFTA Act'') (19 U.S.C. 3805 note).
    In Proclamation 7746 of December 30, 2003, I proclaimed the tariff
    treatment called for under the USCFTA.
        8. Section 201(b) of the USCFTA Act authorizes the President,
    subject to the consultation and layover requirements of section 103(a)
    of the USCFTA Act, to proclaim such modifications to the staging of duty
    treatment set forth in Annex 3.3 of the USCFTA as the United States may
    agree to with Chile, as the President determines to be necessary or
    appropriate to maintain the general level of reciprocal and mutually
    advantageous concessions with respect to Chile provided for by the
    USCFTA.
        9. On November 26, 2008, the United States entered into an agreement
    with Chile that includes an accelerated schedule of duty elimination
    under the USCFTA for specific originating goods of Chile. The
    consultation and layover requirements of section 103(a) of the USCFTA
    Act with respect to the accelerated schedule of duty elimination were
    satisfied as of November 8, 2008.
        10. Pursuant to section 201(b) of the USCFTA Act, I have determined
    that modifications hereinafter proclaimed of rates of duties on
    originating goods of Chile are necessary or appropriate to maintain the
    general level of reciprocal and mutually advantageous concessions with
    respect to Chile provided for by the USCFTA and to carry out the
    agreement with Chile on an accelerated schedule of duty elimination for
    specific originating goods of Chile.
        11. On May 18, 2004, the United States and Australia entered into
    the United States-Australia Free Trade Agreement (USAFTA). The Congress
    approved the USAFTA in section 101(a) of the United States-Australia
    Free Trade Agreement Implementation Act (the ``USAFTA Act'') (19 U.S.C.
    3805 note). In Proclamation 7857 of December 20, 2004, I proclaimed the
    rules of origin called for under the USAFTA.
        12. Section 203(o) of the USAFTA Act authorizes the President,
    subject to the consultation and layover requirements of section 104 of
    the USAFTA Act, to proclaim such modifications to the rules of origin as
    are necessary to implement an agreement with Australia pursuant to
    article 4.2.5 of the USAFTA.
        13. On October 10, 2008, the United States entered into an agreement
    with Australia pursuant to article 4.2.5 of the USAFTA to amend the
    USAFTA rule of origin for certain yarns of viscose rayon fiber. The
    consultation and layover requirements of section 104 of the USAFTA Act
    with respect to the proposed modification of the USAFTA rules of origin
    were satisfied as of December 24, 2008.
        14. Section 604 of the Trade Act of 1974, as amended (the ``1974
    Act'') (19 U.S.C. 2483), authorizes the President to embody in the HTS
    the substance of relevant provisions of that Act, or other acts
    affecting import treatment, and of actions taken thereunder.
        Now, Therefore, I, George W. Bush, 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 4 of the
    USIFTA Act, section 201(b) of the USCFTA Act, section 203(o) of the
    USAFTA Act, section 604 of the 1974 Act, and section 301 of title 3,
    United States Code, do proclaim that:
        (1) In order to implement U.S. tariff commitments under the 2004
    Agreement through December 31, 2009, the HTS is modified as provided in
    Annex I to this proclamation.
        (2)(a)
                 The modifications to the HTS made by Annex I to this
                proclamation shall be effective with respect to goods that
                are the product of Israel and are entered, or withdrawn from
                warehouse for consumption, on or after January 1, 2009.
    (b)          The provisions of subchapter VIII of chapter 99 of the HTS,
                as modified by Annex I to this proclamation, shall

    [[Page 1593]]

                continue in effect through December 31, 2009.

        (3) In order to provide for an accelerated schedule of duty
    elimination for specific originating goods of Chile, the tariff
    treatment set forth in the HTS is modified as provided in Annex II to
    this proclamation.

        (4) The modifications made to the HTS by Annex II to this
    proclamation shall be effective with respect to goods entered, or
    withdrawn from warehouse for consumption, on or after January 1, 2009.

        (5) In order to implement the agreement with Australia to change the
    USAFTA rules of origin for certain yarns of viscose rayon fiber, the HTS
    is modified as provided in Annex III to this proclamation.

        (6) The modifications made to the HTS by Annex III to this
    proclamation shall enter into effect on the date that the United States
    Trade Representative announces in a notice published in the Federal
    Register that Australia has completed its applicable domestic procedures
    to give effect to the agreement to change the USAFTA rules of origin for
    certain yarns of viscose rayon fiber and shall be effective with respect
    to originating goods of Australia entered, or withdrawn from warehouse
    for consumption, on or after the date indicated in the notice.

        (7) 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 thirty-first
    day of December, in the year of our Lord two thousand eight, and of the
    Independence of the United States of America the two hundred and thirty-
    third.
                                                    George W. Bush

    [Filed with the Office of the Federal Register, 8:45 a.m., January 6,
    2009]

    Note: This proclamation and its attached annexes will be published in
    the Federal Register on January 7.