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

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[FR Doc. 2020-28878
Filed 12-28-20; 8:45 a.m.]
Billing code 7020-02-C