Presidential Document2022-28473
To Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes
Primary source
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Published
December 29, 2022
Signed
December 23, 2022
Issuing agencies
Executive Office of the President
Full Text
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<title>Federal Register, Volume 87 Issue 249 (Thursday, December 29, 2022)</title>
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[Federal Register Volume 87, Number 249 (Thursday, December 29, 2022)]
[Presidential Documents]
[Pages 79977-79983]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-28473]
Presidential Documents
Federal Register / Vol. 87, No. 249 / Thursday, December 29, 2022 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 79977]]
Proclamation 10509 of December 23, 2022
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 7853 of December 10, 2004, the
President designated Burkina Faso as a beneficiary sub-
Saharan African country for purposes of 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))).
2. 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
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.
3. Pursuant to section 506A(a)(3) of the Trade Act, I
have determined that Burkina Faso does not meet the
requirements described in section 506A(a)(1) of that
Act. Accordingly, I have decided to terminate the
designation of Burkina Faso as a beneficiary sub-
Saharan African country for purposes of section 506A of
the Trade Act, effective January 1, 2023.
4. 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 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'')).
5. In 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 2021, 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
[[Page 79978]]
Agreement. To carry out the extension agreements, the
President in Proclamations 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; 10128 of December 22, 2020;
and 10326 of December 23, 2021, 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. On December
8, 2022, the United States entered into an agreement
with Israel to extend the period that the 2004
Agreement is in force through December 31, 2023, 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, 2023, for specified
quantities of certain agricultural products of Israel,
as provided in Annex I of this proclamation.
6. Proclamation 7971 of December 22, 2005, implemented
the United States-Morocco Free Trade Agreement (USMFTA)
with respect to the United States and, pursuant to
section 201 of the United States-Morocco Free Trade
Agreement Implementation Act (the ``USMFTA Act'') (19
U.S.C. 3805 note), made the staged reductions in rates
of duty that the President determined to be necessary
or appropriate to carry out or apply articles 2.3, 2.5,
2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and
4.3.15, and the schedule of duty reductions with
respect to Morocco set forth in Annex IV of the USMFTA.
7. Section 1205(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (19
U.S.C. 3005(a)) directs the United States International
Trade Commission (the ``Commission'') to keep the 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)), in 2016 and 2021 the
Commission 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'').
8. 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.
9. Proclamation 9549 of December 1, 2016, and
Proclamation 10326 of December 23, 2021, modified the
HTS pursuant to section 1206 of the 1988 Act to conform
the HTS to the amendments to the Convention. However,
the HTS modifications authorized in Proclamation 9549
and Proclamation 10326 included certain technical
errors.
10. I have determined that additional modifications to
the HTS are necessary or appropriate to carry out the
staged reductions in rates of duty previously
proclaimed in Proclamation 7971, including certain
technical or conforming changes within the tariff
schedule.
11. 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.
[[Page 79979]]
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 section 111(a) of the AGOA, sections
506A(a)(1) and 506A(a)(3) of the Trade Act, section
4(b) of the USIFTA Implementation Act, and section 604
of the Trade Act, as amended, do proclaim that:
(1) The designation of Burkina Faso as a
beneficiary sub-Saharan African country for purposes of
section 506A of the Trade Act is terminated, effective
January 1, 2023.
(2) In order to reflect in the HTS that beginning
January 1, 2023, Burkina Faso shall no longer be
designated as a beneficiary sub-Saharan African
country, general note 16(a) to the HTS is modified by
deleting ``Burkina Faso'' 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 ``Burkina Faso,''
from the list of beneficiary countries. Further, note
2(d) to subchapter XIX of chapter 98 of the HTS is
modified by deleting ``Burkina Faso;'' from the list of
lesser developed beneficiary sub-Saharan African
countries.
(3) The modifications to the HTS set forth in
paragraphs (1) through (2) of this proclamation shall
be effective with respect to goods entered for
consumption, or withdrawn from warehouse for
consumption, on or after January 1, 2023.
(4) In order to implement tariff commitments under
the 2004 Agreement through December 31, 2023, the HTS
is modified as set forth in Annex I of this
proclamation.
(5) The modifications and technical rectifications
to the HTS made by Annex I of this proclamation shall
enter into effect on the applicable dates set forth in
Annex I of this proclamation.
(6) In order to make the modifications and
technical rectifications to the HTS described in
clauses 6 through 11 of this proclamation, the HTS is
modified as set forth in Annex II of this proclamation.
These modifications and technical rectifications shall
enter into effect on the applicable dates set forth in
Annex II of this proclamation.
(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.
[[Page 79980]]
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-third day of December, in the year of our Lord
two thousand twenty-two, and of the Independence of the
United States of America the two hundred and forty-
seventh.
<GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
(Presidential Sig.)
Billing code 3395-F3-P
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[GRAPHIC] [TIFF OMITTED] TD29DE22.015
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[FR Doc. 2022-28473
Filed 12-28-22; 8:45 am]
Billing code 7020-02-C
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</html>Indexed from Federal Register on December 29, 2022.
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