To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes
| Published date | 29 December 2020 |
| Citation | 85 FR 85491 |
| Record Number | 2020-28878 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Federal Register, Volume 85 Issue 249 (Tuesday, December 29, 2020)
[Federal Register Volume 85, Number 249 (Tuesday, December 29, 2020)]
[Presidential Documents]
[Pages 85491-85496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28878] Presidential Documents
Federal Register / Vol. 85 , No. 249 / Tuesday, December 29, 2020 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 85491]]
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 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.
[[Page 85492]]
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.
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.
[[Page 85493]]
17. Section 103(a)(1) of the Trade Priorities Act
authorizes the President to proclaim such modification
of any existing duty as the President 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''.
(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
[[Page 85494]]
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.
(Presidential Sig.)
Billing code 3295-F1-P
[[Page 85495]]
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[FR Doc. 2020-28878
Filed 12-28-20; 8:45 a.m.]
Billing code 7020-02-C
