Presidential Documents

Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Presidential Documents 413 

Proclamation 8771 of December 29, 2011 

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’’) (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. The Commission has recommended modifications 

to the HTS pursuant to sections 1205(c) and (d) of the 1988 Act (19 U.S.C. 

3005(c) and (d)) to conform the HTS to amendments made to the International 

Convention on the Harmonized Commodity Description and Coding System 

(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 he 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 (URAA) (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, 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 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 Act’’) (19 U.S.C. 


wreier-aviles on DSK3TPTVN1PROD with PRESDOC2
414 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Presidential Documents 

3805 note), the staged reductions in rates of duty that the President determined to be necessary or appropriate to carry out or apply articles 2.2, 

2.5, 2.6, and 2.12 of the USSFTA and the schedule of reductions with 

respect to the Republic of Singapore set forth in Annex 2B of the USSFTA. 

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 7746 of December 30, 2003, implemented the 

United States-Chile Free Trade Agreement (USCFTA) with respect to the 

United States and, pursuant to section 201 of the United States-Chile Free 

Trade Agreement Implementation Act (the ‘‘CFTA Act’’) (19 U.S.C. 3805 

note), the staged reductions in rates of duty that the President determined 

to be necessary or appropriate to carry out or apply articles 3.3 (including 

the schedule of United States duty reductions with respect to originating 

goods set forth in Annex 3.3 to the USCFTA), 3.7, 3.9, and 3.20(8), (9), 

(10), and (11) of the USCFTA. 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 7857 of December 20, 2004, implemented the 

United States-Australia Free Trade Agreement (USAFTA) with respect to 

the United States and, pursuant to section 201 of the United States-Australia 

Free Trade Agreement Implementation Act (the ‘‘USAFTA Act’’) (19 U.S.C. 

3805 note), 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, and 2.6 of the USAFTA and the schedule of reductions with respect 

to Australia set forth in Annex 2B of the USAFTA. 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 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), 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 of the USMFTA 

and the schedule of reductions with respect to Morocco set forth in Annex 

IV of the USMFTA. 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. 

9. 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 

the Dominican Republic-Central America-United States Free Trade Agreement 

(the ‘‘CAFTA-DR Agreement’’) 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 Act’’) (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 Agreement. In order to ensure the continuation 


wreier-aviles on DSK3TPTVN1PROD with PRESDOC2
Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Presidential Documents 415 

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 8039 of July 27, 2006, implemented the United 

States-Bahrain Free Trade Agreement (USBFTA) with respect to the United 

States and, pursuant to section 201 of the United States-Bahrain Free Trade 

Agreement Implementation Act (the ‘‘USBFTA Act’’) (19 U.S.C. 3805 note), 

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, 

3.2.8, and 3.2.9, and the schedule of reductions with respect to Bahrain 

set forth in Annex 2–B of the USBFTA. 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. Presidential Proclamation 8332 of December 29, 2008, implemented the 

United States-Oman Free Trade Agreement (USOFTA) with respect to the 

United States and, pursuant to section 201 of the United States-Oman Free 

Trade Agreement Implementation Act (the ‘‘USOFTA Act’’) (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, 3.2.8, 

and 3.2.9, and the schedule of duty reductions with respect to Oman set 

forth in Annex 2-B of the USOFTA. 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. 

12. 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 Act’’) (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. 

13. Section 604 of the Trade Act of 1974, as amended (the ‘‘Trade Act’’) 

(19 U.S.C. 2483), authorizes the President to embody in the HTS the substance 

of the provisions of that Act, or 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 (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, BARACK OBAMA, 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, including but not limited to sections 

1102 and 1206 of the 1988 Act, section 111 of the URAA, section 201 

of the USSFTA Act, section 201 of the CFTA Act, section 201 of the 

USAFTA Act, section 201 of the USMFTA Act, section 201 of the CAFTADR Act, section 201 of the USBFTA Act, section 201 of the USOFTA Act, 

section 201 of the USPTPA Act, section 604 of the Trade Act, and section 

301 of title 3, United States Code, 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 


wreier-aviles on DSK3TPTVN1PROD with PRESDOC2
416 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Presidential Documents 

application of the Convention, to establish additional subordinate tariff categories, and to make technical and conforming changes to existing provisions, 

the HTS is modified as set forth in Annex I of Publication 4276 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,’’ which is incorporated by reference into this proclamation. 

(2) 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 Singapore under the USSFTA that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after the dates specified in subsections 

F1 and F2 of Annex II of Publication 4276, 

(a) the rate of duty in the HTS set forth in the Rates of Duty 1 Special 

subcolumn for each of the HTS subheadings enumerated in subsection F1 

of Annex II shall be deleted and the rate of duty provided in such subsection 

followed by the symbol (‘‘SG’’) inserted in lieu thereof; and 

(b) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsection F2 shall be modified as set forth in that subsection 

of Annex II. 

(3) 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 Chile under the USCFTA that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in subsections C1 and C2 of Annex II of Publication 4276, 

(a) the rate of duty in the HTS set forth in the Rates of Duty 1 Special 

subcolumn for each of the HTS subheadings enumerated in subsection C1 

of Annex II shall be deleted and the rate of duty provided in such subsection 

followed by the symbol (‘‘CL’’) inserted in lieu thereof; and 

(b) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsection C2 shall be modified as set forth in that subsection 

of Annex II. 

(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 Australia under the USAFTA that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in subsections A1 through A4 of Annex II of Publication 4276, 

(a) the rate of duty in the HTS set forth in the Rates of Duty 1 Special 

subcolumn for each of the HTS subheadings enumerated in section A1 

of Annex II shall be deleted and the rate of duty provided in such subsection 

followed by the symbol (‘‘AU’’) inserted in lieu thereof; 

(b) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsections A2 shall be modified as set forth in that subsection 

of Annex II; 

(c) the Rates of Duty 1 Special subcolumn for the subheading enumerated 

in subsection A3 shall be modified as set forth in that subsection of Annex 

II; and 

(d) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsection A4 shall be modified as set forth in that subsection 

of Annex II. 

(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 Morocco under the USMFTA that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in sections 

G1 through G4 of Annex II of Publication 4276, 


wreier-aviles on DSK3TPTVN1PROD with PRESDOC2
Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Presidential Documents 417 

(a) the rate of duty in the HTS set forth in the Rates of Duty 1 Special 

subcolumn for each of the HTS subheadings enumerated in subsection section 

G1 of Annex II shall be deleted and the rate of duty provided in such 

section followed by the symbol (‘‘MA’’) inserted in lieu thereof; 

(b) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsection G2 shall be modified as set forth in that subsection 

of Annex II; 

(c) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsection G3 shall be modified as set forth in that subsection 

of Annex II; and 

(d) the Rates of Duty 1 Special subcolumn for the subheadings enumerated 

in subsection G4 shall be modified as set forth in that subsection of Annex 

II. 

(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 under general note 29 to the HTS that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in sections 

D and I of Annex II of Publication 4276, 

(a) the rate of duty in the HTS set forth in the Rates of Duty 1 Special 

subcolumn for each of the HTS subheadings enumerated in section D of 

Annex II shall be deleted and the rate of duty provided in such section 

followed by the symbol (‘‘P’’) inserted in lieu thereof; and 

(b) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in section I shall be modified as set forth in that section of 

Annex II. 

(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 Bahrain under the USBFTA that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in subsections B1 and B2 of Annex II of Publication 4276, 

(a) the rate of duty in the HTS set forth in the Rates of Duty 1 Special 

subcolumn for each of the HTS subheadings enumerated in section B1 

of Annex II shall be deleted and the rate of duty provided in such section 

followed by the symbol (‘‘BH’’) inserted in lieu thereof; and 

(b) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsection B2 shall be modified as set forth in that subsection 

of Annex II. 

(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 Oman under the USOFTA that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in subsections E1 and E2 of Annex II of Publication 4276, 

(a) the rate of duty in the HTS set forth in the Rates of Duty 1 Special 

subcolumn for each of the HTS subheadings enumerated in subsection E1 

of Annex II shall be deleted and the rate of duty provided in such section 

followed by the symbol (‘‘OM’’) inserted in lieu thereof; and 

(b) the Rates of Duty 1 Special subcolumn for each of the subheadings 

enumerated in subsection E2 shall be modified as set forth in that subsection 

of Annex II. 

(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 Peru under the USPTPA that are classifiable in the provisions 

modified by Annex I of Publication 4276 and entered, or withdrawn from 

warehouse for consumption, on or after each of the dates specified in section 

H of Annex II of Publication 4276, the rate of duty in the HTS set forth 


wreier-aviles on DSK3TPTVN1PROD with PRESDOC2
418 Federal Register / Vol. 77, No. 2 / Wednesday, January 4, 2012 / Presidential Documents 

in the Rates of Duty 1 Special subcolumn for each of the HTS subheadings 

enumerated in section H of Annex II shall be deleted and the rate of 

duty provided in such section followed by the symbol (‘‘PE’’) inserted in 

lieu thereof. 

(10) The United States Trade Representative is authorized to fulfill my 

obligations under section 103 of the USSFTA, section 103 of the USCFTA, 

section 104 of the USAFTA, section 104 of the USMFTA, section 104 of 

the USBFTA, and section 104 of the USOFTA to obtain advice from the 

appropriate advisory committees and the Commission on the proposed implementation of an action by presidential proclamation; to submit a report 

on such proposed action to the appropriate congressional committees; and 

to consult with those congressional committees regarding the proposed action. 

(11) 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 twenty-ninth 

day of December, in the year of our Lord two thousand eleven, and of 

the Independence of the United States of America the two hundred and 

thirty-sixth. 

[FR Doc. 2012–20 

Filed 1–3–12; 11:15 am] 

Billing code 3295–F2–P 


wreier-aviles on DSK3TPTVN1PROD with PRESDOC2OB#1.EPS</GPH>