[Federal Register Volume 77, Number 2 (Wednesday, January 4, 2012)]
[Presidential Documents]
[Pages 413-418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-00020]




                        Presidential Documents 



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

[[Page 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.

[[Page 414]]

                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

[[Page 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 CAFTA-DR 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

[[Page 416]]

                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,

[[Page 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

[[Page 418]]

                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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

[FR Doc. 2012-00020
Filed 1-3-12; 11:15 am]
Billing code 3295-F2-P