Weekly Compilation of Presidential Documents Volume 44 Issue 52 (Monday, January 5, 2009)

[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

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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

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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.