Presidential Document2021-28334
To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes
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Published
December 28, 2021
Signed
December 23, 2021
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 86 Issue 246 (Tuesday, December 28, 2021)</title>
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[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Presidential Documents]
[Pages 73593-73599]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28334]
Presidential Documents
Federal Register / Vol. 86 , No. 246 / Tuesday, December 28, 2021 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 73593]]
Proclamation 10326 of December 23, 2021
To Modify the Harmonized Tariff Schedule of the
United States and for Other Purposes
By the President of the United States of America
A Proclamation
1. Section 1205(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (Public
Law 100-418, 102 Stat. 1107, 1150 (19 U.S.C. 3005(a)))
directs the United States International Trade
Commission (the ``Commission'') to keep the Harmonized
Tariff Schedule of the United States (HTS) under
continuous review and periodically to recommend to the
President such modifications to the HTS as the
Commission considers necessary or appropriate to
accomplish the purposes set forth in that subsection.
Pursuant to sections 1205(c) and (d) of the 1988 Act
(19 U.S.C. 3005(c) and (d)), the Commission has
recommended modifications to the HTS to conform the HTS
to amendments made to the International Convention on
the Harmonized Commodity Description and Coding System
and the Protocol thereto (the ``Convention'') and to
promote uniform application of the Convention.
2. Section 1206(a) of the 1988 Act (19 U.S.C. 3006(a))
authorizes the President to proclaim modifications to
the HTS based on the recommendations of the Commission
under section 1205 of the 1988 Act, if the President
determines that the modifications are in conformity
with United States obligations under the Convention and
do not run counter to the national economic interest of
the United States. I have determined that the
modifications to the HTS proclaimed in this
proclamation pursuant to section 1206(a) of the 1988
Act are in conformity with United States obligations
under the Convention and do not run counter to the
national economic interest of the United States.
3. Presidential Proclamation 6763 of December 23, 1994,
implemented, with respect to the United States, the
trade agreements resulting from the Uruguay Round of
multilateral trade negotiations, including Schedule XX-
United States of America, annexed to the Marrakesh
Protocol to the General Agreement on Tariffs and Trade
1994 (Schedule XX), that were entered into pursuant to
sections 1102(a) and (e) of the 1988 Act (19 U.S.C.
2902(a) and (e)), and approved in section 101(a) of the
Uruguay Round Agreements Act (the ``URAA'') (Public Law
103-465, 108 Stat. 4809, 4814 (19 U.S.C. 3511(a))).
4. Pursuant to the authority provided in section 111 of
the URAA (19 U.S.C. 3521) and sections 1102(a) and (e)
of the 1988 Act (19 U.S.C. 2902(a) and (e)),
Proclamation 6763 included the staged reductions in
rates of duty that the President determined to be
necessary or appropriate to carry out the terms of
Schedule XX. In order to ensure the continuation of
such rates of duty for imported goods under tariff
categories that are being modified to reflect the
amendments to the Convention, I have determined that
additional modifications to the HTS are necessary or
appropriate to carry out the duty reductions previously
proclaimed, including certain technical or conforming
changes within the tariff schedule.
5. Presidential Proclamations 7987 of February 28,
2006; 7991 of March 24, 2006; 7996 of March 31, 2006;
8034 of June 30, 2006; 8111 of February 28, 2007; 8331
of December 23, 2008; and 8536 of June 12, 2010,
implemented
[[Page 73594]]
the Dominican Republic-Central America-United States
Free Trade Agreement (CAFTA-DR) with respect to the
United States and, pursuant to section 201 of the
Dominican Republic-Central America-United States Free
Trade Agreement Implementation Act (the ``CAFTA-DR
Implementation Act'') (Public Law 109-53, 119 Stat.
462, 467 (19 U.S.C. 4031)), the staged reductions in
rates of duty that the President determined to be
necessary or appropriate to carry out or apply articles
3.3, 3.5, 3.6, 3.21, 3.26, 3.27, and 3.28, and Annexes
3.3 (including the schedule of the United States duty
reductions with respect to originating goods), 3.27,
and 3.28 of the CAFTA-DR. In order to ensure the
continuation of such staged reductions in rates of duty
for originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.
6. Presidential Proclamation 8341 of January 16, 2009,
implemented the United States-Peru Trade Promotion
Agreement (USPTPA) with respect to the United States
and, pursuant to section 201 of the United States-Peru
Trade Promotion Agreement Implementation Act (the
``USPTPA Implementation Act'') (Public Law 110-138, 121
Stat. 1455, 1459-1460 (19 U.S.C. 3805 note)), the
staged reductions in duty that the President determined
to be necessary or appropriate to carry out or apply
articles 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the
USPTPA. In order to ensure the continuation of such
staged reductions in rates of duty for originating
goods under tariff categories that are being modified
to reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are
necessary or appropriate to carry out the duty
reductions previously proclaimed.
7. Presidential Proclamation 8783 of March 6, 2012,
implemented the United States-Korea Free Trade
Agreement (USKFTA) with respect to the United States
and, pursuant to section 201 of the United States-Korea
Free Trade Agreement Implementation Act (the ``USKFTA
Implementation Act'') (Public Law 112-41, 125 Stat.
428, 432-433 (19 U.S.C. 3805 note)), the staged
reductions in duty that the President determined to be
necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, and the schedule of duty reductions with
respect to Korea set forth in Annex 2-B, Annex 4-B, and
Annex 22-A of the USKFTA. Presidential Proclamation
9834 of December 21, 2018, modified the staging of duty
treatment for specific goods of Korea, pursuant to
section 201(b) of the USKFTA Act, in order to maintain
the general level of reciprocal and mutually
advantageous concessions with respect to Korea provided
for by the USKFTA and to carry out an agreement with
Korea modifying the staging of duty treatment for those
goods. In order to ensure the continuation of such
staged reductions in rates of duty for originating
goods under tariff categories that are being modified
to reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are
necessary or appropriate to carry out the duty
reductions previously proclaimed.
8. Presidential Proclamation 8818 of May 14, 2012,
implemented the United States-Colombia Trade Promotion
Agreement (USCTPA) with respect to the United States
and, pursuant to section 201 of the United States-
Colombia Trade Promotion Agreement Implementation Act
(the ``USCTPA Implementation Act'') (Public Law 112-42,
125 Stat. 462, 466-67 (19 U.S.C. 3805 note)), the
staged reductions in duty that the President determined
to be necessary or appropriate to carry out or apply
articles 2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the
USCTPA. In order to ensure the continuation of such
staged reductions in rates of duty for originating
goods under tariff categories that are being modified
to reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are
necessary or appropriate to carry out the duty
reductions previously proclaimed. I have also
determined that a technical correction to general note
34(o) to the HTS is necessary to provide for the
intended tariff treatment accorded under the USCTPA to
originating goods of Colombia.
[[Page 73595]]
9. Presidential Proclamation 8894 of October 29, 2012,
implemented the United States-Panama Trade Promotion
Agreement (PTPA) with respect to the United States and,
pursuant to section 201 of the United States-Panama
Trade Promotion Agreement Implementation Act (the
``PTPA Implementation Act'') (Public Law 112-43, 125
Stat. 497, 501-502 (19 U.S.C. 3805 note)), the staged
reductions in duty that the President determined to be
necessary or appropriate to carry out or apply articles
3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the
schedule of duty reductions with respect to Panama set
forth in Annex 3.3 of the PTPA. In order to ensure the
continuation of such staged reductions in rates of duty
for originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.
10. Presidential Proclamation 10053 of June 29, 2020,
implemented the Agreement between the United States of
America, the United Mexican States, and Canada (USMCA)
with respect to the United States and, pursuant to
section 103(c)(1) of the United States-Mexico-Canada
Agreement Implementation Act (the ``USMCA
Implementation Act'') (Public Law 116-113, 134 Stat.
11, 16 (19 U.S.C. 4513(c)(1))), it provided for the
continuation of duty-free or excise treatment and
staged reductions in duties as the President determined
to be necessary or appropriate to carry out or apply
articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3,
the Schedule of the United States to Annex 2-B,
including the appendices to that Annex, Annex 2-C, and
Annex 6-A of the USMCA. In order to ensure the
continuation of such staged reductions in rates of duty
for originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.
11. The United States Trade Representative, in a
Federal Register notice of August 23, 2017 (82 FR
40213), announced the initiation of an investigation
into certain acts, policies, and practices of China
related to technology transfer, intellectual property,
and innovation, pursuant to section 301 of the Trade
Act of 1974 (the ``Trade Act'') (Public Law 93-618, 88
Stat. 1978, 2041 (19 U.S.C 2411)). The United States
Trade Representative announced in a Federal Register
notice of April 6, 2018 (83 FR 14906), the
determination that China's acts, policies, and
practices related to technology transfer, intellectual
property, and innovation are actionable under section
301(b) of the Trade Act (19 U.S.C. 2411(b)). The United
States Trade Representative announced the
determinations, pursuant to sections 301(b), 301(c),
and 304(a) of the Trade Act (19 U.S.C. 2411(b),
2411(c), and 2414(a)), that appropriate and feasible
action in this investigation includes the imposition of
an additional ad valorem duty on products of China in
Federal Register notices of June 20, 2018 (83 FR
28711), and August 16, 2018 (83 FR 40823). The United
States Trade Representative announced the
determinations, pursuant to section 307(a)(1) of the
Trade Act (19 U.S.C. 2417(a)(1)), to modify the prior
action in this investigation by imposing additional
duties on products of China, in a Federal Register
notice of September 21, 2018 (83 FR 47974, as modified
by notices of September 28, 2018 (83 FR 49153), May 9,
2019 (84 FR 20459), and June 10, 2019 (84 FR 26930),
and in a Federal Register notice of August 20, 2019 (84
FR 43304, as modified by notices of August 30, 2019 (84
FR 45821), and January 22, 2020 (85 FR 3741)). In order
to ensure the maintenance of such duty rates for goods
under tariff categories that are being modified to
reflect the amendments to the Convention, I have
determined that additional conforming modifications to
the HTS are necessary.
12. 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 section 3 of
the United States-Israel Free Trade Area Implementation
Act of 1985 (the ``USIFTA Implementation Act'') (Public
Law 99-47, 99 Stat. 82 (19 U.S.C. 2112 note)). Section
4(b) of the USIFTA
[[Page 73596]]
Implementation 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. 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 (United States-Israel Agreement
Concerning Certain Aspects of Trade in Agricultural
Products (the ``2004 Agreement'')).
13. In Presidential Proclamation 7826 of October 4,
2004, the President determined, pursuant to section
4(b) of the USIFTA Implementation Act and consistent
with the 2004 Agreement, 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. Each year from 2008 through 2020, 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. To carry out the extension agreements,
the President in Proclamation 8334 of December 31,
2008; 8467 of December 23, 2009; 8618 of December 21,
2010; 8770 of December 29, 2011; 8921 of December 20,
2012; 9072 of December 23, 2013; 9223 of December 23,
2014; 9383 of December 21, 2015; 9555 of December 15,
2016; 9687 of December 22, 2017; 9834 of December 21,
2018; 9974 of December 26, 2019; and 10128 of December
22, 2020; modified the 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. On November 22, 2021, the
United States entered into an agreement with Israel to
extend the period that the 2004 Agreement is in force
through December 31, 2022, and to allow for further
negotiations on an agreement to replace the 2004
Agreement. Pursuant to section 4(b) of the USIFTA
Implementation 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, 2022, for specified
quantities of certain agricultural products of Israel.
14. Presidential Proclamation 7747 of December 30,
2003, implemented the United States-Singapore Free
Trade Agreement (USSFTA) with respect to the United
States and, pursuant to section 201 of the United
States-Singapore Free Trade Agreement Implementation
Act (the ``USSFTA Implementation Act'') (Public Law
108-78, 117 Stat. 948, 952 (19 U.S.C. 3805 note)),
incorporated in the HTS the tariff modifications and
rules of origin necessary or appropriate to carry out
the USSFTA. A technical error was made in the
modifications to general note 25 to the HTS. I have
determined that a technical correction to general note
25 to the HTS is necessary to provide for the intended
tariff treatment accorded under the USSFTA to
originating goods of Singapore.
15. In Presidential Proclamation 7350 of October 2,
2000, the President designated Ethiopia, the Republic
of Guinea (Guinea), and the Republic of Mali (Mali) as
beneficiary sub-Saharan African countries for purposes
of section 506A(a)(1) of 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))).
16. Section 506A(a)(3) of the Trade Act (19 U.S.C.
2466a(a)(3)) provides that the President shall
terminate the designation of a country as a beneficiary
[[Page 73597]]
sub-Saharan African country for purposes of section
506A if the President determines that the country is
not making continual progress in meeting the
requirements described in section 506A(a)(1) of the
Trade Act.
17. Pursuant to section 506A(a)(3) of the Trade Act, I
have determined that Ethiopia, Guinea, and Mali do not
meet the requirements described in section 506A(a)(1)
of that Act. Accordingly, I have decided to terminate
the designation of Ethiopia, Guinea, and Mali as
beneficiary sub-Saharan African countries for purposes
of section 506A of the Trade Act, effective January 1,
2022.
18. Section 604 of the Trade Act, as amended (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 taken thereunder, including the removal,
modification, continuance, or imposition of any rate of
duty or other import restriction. Section 1206(c) of
the 1988 Act, as amended (19 U.S.C. 3006(c)), provides
that any modifications proclaimed by the President
under section 1206(a) of that Act may not take effect
before the thirtieth day after the date on which the
text of the proclamation is published in the Federal
Register.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of
the United States of America, by virtue of the
authority vested in me by the Constitution and the laws
of the United States of America, including but not
limited to sections 1102, 1205, and 1206 of the 1988
Act, section 111 of the URAA, section 201 of the CAFTA-
DR Implementation Act, section 201 of the USPTPA
Implementation Act, section 201 of the USKFTA
Implementation Act, section 201 of the USCTPA
Implementation Act, section 201 of the PTPA
Implementation Act, section 201 of the USSFTA
Implementation Act, section 103(c) of the USMCA
Implementation Act, section 301 of the Trade Act,
section 4(b) of the USIFTA Implementation Act, section
111(a) of the AGOA, and sections 506A(a)(1),
506A(a)(3), and 604 of the Trade Act, as amended, do
proclaim that:
(1) In order to modify the HTS to conform it to the
Convention or any amendment thereto recommended for
adoption, to promote the uniform application of the
Convention, to establish additional subordinate tariff
categories, to make technical and conforming changes to
existing provisions, and to maintain the duty treatment
with respect to actions pursuant to section 301 of the
Trade Act, the HTS is modified as set forth in Annexes
I, II.A, and II.B of Publication 5240 of the United
States International Trade Commission, entitled,
``Modifications to the Harmonized Tariff Schedule of
the United States under Section 1206 of the Omnibus
Trade and Competitiveness Act of 1988 and for Other
Purposes'' (Publication 5240). Publication 5240 is
incorporated by reference into this proclamation.
(2) In order to make a technical correction
necessary to provide for the intended tariff treatment
accorded under the USCTPA to originating goods under
the USCTPA, the HTS is modified as set forth in Annex
II.C of Publication 5240.
(3) In order to make a technical correction
necessary to provide for the intended tariff treatment
accorded under the USSFTA to originating goods under
the USSFTA, the HTS is modified as set forth in Annex
II.D of Publication 5240.
(4) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of parties to the CAFTA-DR under the CAFTA-DR that are
classifiable in the provisions modified by the
amendments to the HTS to conform it to the Convention,
the HTS is modified as set forth in Annex III of
Publication 5240.
(5) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Peru under the USPTPA that are classifiable in the
provisions
[[Page 73598]]
modified by the amendments to the HTS to conform it to
the Convention, the HTS is modified as set forth in
Annex IV of Publication 5240.
(6) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Korea under the USKFTA that are classifiable in the
provisions modified by the amendments to the HTS to
conform it to the Convention, the HTS is modified as
set forth in Annex V of Publication 5240.
(7) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Colombia under the USCTPA that are classifiable in
the provisions modified by the amendments to the HTS to
conform it to the Convention, the HTS is modified as
set forth in Annex VI of Publication 5240.
(8) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Panama under the PTPA that are classifiable in the
provisions modified by the amendments to the HTS to
conform it to the Convention, the HTS is modified as
set forth in Annex VII of Publication 5240.
(9) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Canada and Mexico under the USMCA that are
classifiable in the provisions modified by the
amendments to the HTS to conform it to the Convention,
the HTS is modified as set forth in Annex VIII of
Publication 5240.
(10) In order to implement tariff commitments under
the 2004 Agreement through December 31, 2022, the HTS
is modified as set forth in Annex IX of Publication
5240.
(11) The modifications and technical rectifications
to the HTS made by paragraphs (1) through (10) of this
proclamation shall enter into effect on the applicable
dates set forth in Annexes I through IX of Publication
5240.
(12) The designation of Ethiopia, Guinea, and Mali
as beneficiary sub-Saharan African countries for
purposes of section 506A of the Trade Act is
terminated, effective January 1, 2022.
(13) In order to reflect in the HTS that beginning
January 1, 2022, Ethiopia, Guinea, and Mali shall no
longer be designated as beneficiary sub-Saharan African
countries, general note 16(a) to the HTS is modified by
deleting ``Ethiopia'', ``Republic of Guinea'', and
``Republic of Mali (Mali)'' from the list of
beneficiary sub-Saharan African countries. Note 7(a) to
subchapter II and note 1 to subchapter XIX of chapter
98 of the HTS are each modified by deleting
``Ethiopia,'', ``Guinea,'', and ``Mali,'' from the list
of beneficiary countries. Further, note 2(d) to
subchapter XIX of chapter 98 of the HTS is modified by
deleting ``Ethiopia;'', ``Guinea;'', and ``Republic of
Mali;'' from the list of lesser developed beneficiary
sub-Saharan African countries.
(14) The modifications to the HTS set forth in
paragraph (13) of this proclamation shall be effective
with respect to goods entered for consumption, or
withdrawn from warehouse for consumption, on or after
January 1, 2022.
(15) 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.
[[Page 73599]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-third day of December, in the year of our Lord
two thousand twenty-one, and of the Independence of the
United States of America the two hundred and forty-
sixth.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
[FR Doc. 2021-28334
Filed 12-27-21; 8:45 am]
Billing code 3395-F2-P
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</html>Indexed from Federal Register on December 28, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.