U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

29–011 2012

112th Congress, 2d Session – – – – – – – – – – – – House Document 112–158 

TERMINATION OF THE FEDERATION OF ST. KITTS 

AND NEVIS AS A BENEFICIARY DEVELOPING 

COUNTRY UNDER THE GENERALIZED SYSTEM OF 

PREFERENCES PROGRAM 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

TRANSMITTING

NOTIFICATION OF THE TERMINATION OF THE FEDERATION OF 

SAINT KITTS AND NEVIS BENEFICIARY DEVELOPING COUNTRIES 

UNDER THE GENERALIZED SYSTEM OF PREFERENCES PROGRAM 

DECEMBER 20, 2012.—Message and accompanying papers referred to the 

Committee on Ways and Means and ordered to be printed 


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To the Congress of the United States: 

In accordance with section 502(f)(2) of the Trade Act of 1974, as 

amended (the ‘‘1974 Act’’) (19 U.S.C. 2462(f)(2)), I am providing notification of my intent to terminate the designation of the Federation of Saint Kitts and Nevis (St. Kitts and Nevis) as a beneficiary 

developing country under the Generalized System of Preferences 

(GSP) program. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) 

provides that if the President determines that a beneficiary developing country has become a ‘‘high-income’’ country, as defined by 

the official statistics of the International Bank for Reconstruction 

and Development (i.e., the World Bank), then the President shall 

terminate the designation of such country as a beneficiary developing country for purposes of the GSP, effective on January 1 of 

the second year following the year in which such determination is 

made. 

Pursuant to section 502(e) of the 1974 Act, I have determined 

that it is appropriate to terminate the designation of St. Kitts and 

Nevis as a beneficiary developing country under the GSP program 

because it has become a high-income country as defined by the 

World Bank. Accordingly, St. Kitts and Nevis’ eligibility for trade 

benefits under the GSP program will end on January 1, 2014. 

BARACK OBAMA. 

THE WHITE HOUSE, December 20, 2012. 


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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. Section 506A(a)(1) of the Trade Act of 1974, as amended (the 

‘‘1974 Act’’) (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of 

the African Growth and Opportunity Act (title I of Public Law 106– 

200) (AGOA), authorizes the President to designate a country listed 

in section 107 of the AGOA (19 U.S.C. 3706) as a ‘‘beneficiary subSaharan 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 1974 Act (19 U.S.C. 2462). 

2. Section 104 of the AGOA authorizes the President to designate 

a country listed in section 107 of the AGOA as an ‘‘eligible sub-Saharan African country’’ if the President determines that the country meets certain eligibility requirements. 

3. Pursuant to section 104 of the AGOA and section 506A(a)(1) 

of the 1974 Act, I have determined that the Republic of South 

Sudan meets the eligibility requirements set forth or referenced 

therein, and I have decided to designate the Republic of South 

Sudan an eligible sub-Saharan African country and as a beneficiary 

sub-Saharan African country. 

4. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes the President to terminate the designation of a country as 

a beneficiary sub-Saharan African country for purposes of section 

506A if he determines that the country is not making continual 

progress in meeting the requirements described in section 

506A(a)(1) of the 1974 Act. 

5. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined that the Republic of Mali and the Republic of Guinea-Bissau 

are not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act. Accordingly, I have 

decided to terminate the designations of the Republic of Mali and 

the Republic of Guinea-Bissau as beneficiary sub-Saharan African 

countries for purposes of section 506A of the 1974 Act, effective on 

January 1, 2013. 

6. Section 502(e) of the 1974 Act (19 U.S.C. 2462(e)) provides 

that the President shall terminate the designation of a country as 

a beneficiary developing country for purposes of the Generalized 

System of Preferences (GSP) if the President determines that such 

country has become a ‘‘high-income’’ country as efined by the official statistics of the International Bank for Reconstruction and DeVerDate Mar 15 2010 06:22 Dec 22, 2012 Jkt 029011 PO 00000 Frm 00005 Fmt 6601 Sfmt 6601 E:\HR\OC\HD158.XXX HD158

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velopment. Termination is effective on January 1 of the second 

year following the year in which such determination is made. 

7. Pursuant to section 502(e) of the 1974 Act, I have determined 

that the Federation of Saint Kitts and Nevis has become a ‘‘highincome’’ country. I am terminating the designation of that country 

as a beneficiary developing country for purposes of the GSP, effective January 1, 2014, and I will so notify the Congress. 

8. 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 the 

United States-Israel Free Trade Area Implementation Act of 1985 

(the ‘‘USIFTA Act’’) (19 U.S.C. 2112 note). 

9. 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. 

10. 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’’). 

11. 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 it was 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 December 31, 2008, 

for specified quantities of certain agricultural products of Israel. 

12. In 2008, 2009, 2010, and 2011, 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. 

13. 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; and Proclamation 8770 of December 29, 2011, 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. 

14. On November 19, 2012, the United States entered into an 

agreement with Israel to extend the period that the 2004 Agreement is in force through December 31, 2013, to allow for further 

negotiations on an agreement to replace the 2004 Agreement. 

15. 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 


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into the United States through the close of December 31, 2013, for 

specified quantities of certain agricultural products of Israel. 

16. In Presidential Proclamation 8771 of December 29, 2011, pursuant to the authority provided in section 1206(a) of the Omnibus 

Trade and Competitiveness Act of 1988 (the ‘‘1988 Act’’) (19 U.S.C. 

3006(a)), I modified the HTS to reflect amendments to the International Convention on the Harmonized Commodity Description 

and Coding System (the ‘‘Convention’’). 

17. 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 the United 

States-Chile Free Trade Agreement Implementation Act (the 

‘‘USCTA Act’’) (19 U.S.C. 3805 note), incorporated in the HTS the 

schedule of duty reductions and rules of origin necessary or appropriate to carry out the USCFTA. 

18. In order to ensure the continuation of such staged reductions 

in rates of duty for originating goods of Chile in tariff categories 

that were modified to reflect amendments to the Convention, Presidential Proclamation 8771 made modifications to the HTS that I 

determined were necessary or appropriate to carry out the duty reductions proclaimed in Proclamation 7746. 

19. Chile is a party to the Convention. Because the substance of 

the changes to the Convention are reflected in slightly differing 

form in its national tariff schedule, the rules of origin set out in 

the USCFTA must be changed to ensure that the tariff and certain 

other treatment accorded under the USCFTA to originating goods 

will continue to be provided under the tariff categories that were 

modified in Proclamation 8771. The United States and Chile have 

agreed to make these changes to certain rules of origin set out in 

the USCFTA. 

20. Section 202 of the USCFTA Act provides rules for determining whether goods imported into the United States originate in 

the territory of a USCFTA Party and thus are eligible for the tariff 

and other treatment contemplated under the USCFTA. Section 

202(o) of the USCFTA Act authorizes the President to proclaim, as 

part of the HTS, the rules of origin set out in the USCFTA and to 

proclaim any modifications to such previously proclaimed rules of 

origin, subject to the exceptions stated in section 202(o)(2)(A). 

21. Presidential Proclamation 8840 of June 29, 2012, modified 

the HTS to reflect changes to duty-free treatment under the GSP. 

Annex I to that proclamation included an error in the list of subheading numbers to be added at general note 4(d) to the HTS, and 

I have determined that a modification to the HTS is necessary to 

correct that technical error. 

22. Presidential Proclamation 8894 of October 29, 2012 pursuant 

to the authority provided under section 202(o)(2)(B)(ii) of the 

United States-Korea Free Trade Agreement Implementation Act, 

modified the HTS, through section E of Annex III of Publication 

4349 of the United States International Trade Commission (the 

‘‘Commission’’), to correct a clerical error regarding a provision of 

chapter 61 (as included in Annex 4–A of the United States-Korea 

Free Trade Agreement). 

23. Section E of Annex III of Publication 4349 contained a Typographical error within the correction that needs to be corrected. I 


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have determined that a modification to the HTS is necessary to correct this typographical error and to provide the intended tariff 

treatment. 

24. Presidential Proclamation 8894 of October 29, 2012, modified 

the HTS as provided in Annex II of Publication 4349 of the Commission to implement the initial stage of duty elimination provided 

for in the United States-Panama Trade Promotion Agreement and 

to provide for further staged reductions in duties for originating 

goods of Panama. The proclamation erroneously referred to ‘‘originating goods of Colombia’’ and should instead refer to ‘‘originating 

goods of Panama.’’ 

25. Section 604 of the 1974 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 taken thereunder, including the removal, modification, 

continuance, or imposition of any rate of duty or other import restriction. 

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 of America, 

including but not limited to title V and section 604 of the 1974 Act, 

section 104 of the AGOA, section 4 of the USIFTA Act, and section 

202 of the USCFTA Act do proclaim that: 

(1) The Republic of South Sudan is designated as an eligible subSaharan African country and as a beneficiary sub-Saharan African 

country. 

(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 ‘‘Republic 

of South Sudan.’’ 

(3) The designations of the Republic of Mali and the Republic of 

Guinea-Bissau as beneficiary sub-Saharan African countries for 

purposes of section 506A of the 1974 Act are terminated, effective 

on January 1, 2013. 

(4) In order to reflect in the HTS that beginning on January 1, 

2013, the Republic of Mali and the Republic of Guinea-Bissau shall 

no longer be designated as beneficiary sub-Saharan African countries, general note 16(a) to the HTS is modified by deleting ‘‘Republic of Mali’’ and ‘‘Republic of Guinea-Bissau’’ from the list of beneficiary sub-Saharan African countries. Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by deleting ‘‘Republic of Guinea-Bissau’’ and ‘‘Republic of Mali’’ from the list of 

lesser developed beneficiary sub-Saharan African countries. 

(5) The designation of the Federation of Saint Kitts and Nevis as 

a beneficiary developing country for purposes of the GSP is terminated, effective on January 1, 2014. 

(6) In order to reflect this termination in the HTS, general note 

4(a) to the HTS is modified by deleting ‘‘St. Kitts and Nevis’’ from 

the list of independent countries, effective with respect to articles 

entered, or withdrawn from warehouse for consumption, on or after 

January 1, 2014. 

(7) In order to implement U.S. tariff commitments under the 

2004 Agreement through December 31, 2013, the HTS is modified 

as provided in Annex I to this proclamation. 


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(8)(a) The modifications to the HTS set forth in Annex I to this 

proclamation shall be effective with respect to eligible agricultural 

products of Israel that are entered, or withdrawn fom warehouse 

for consumption, on or after January 1, 2013. 

(b) The provisions of subchapter VIII of chapter 99 of the HTS, 

as modified by Annex I to this proclamation, shall continue in effect through December 31, 2013. 

(9) In order to reflect in the HTS the modifications to the rules 

of origin under the USCFTA, general note 26 to the HTS is modified as provided in Annex II to this proclamation. 

(10) In order to correct a technical error in the list of subheading 

numbers at general note 4(d) to the HTS, the HTS is modified as 

set forth in section A of Annex III to this proclamation. 

(11) In order to provide the intended tariff treatment to goods of 

Korea under the terms of general note 33, the HTS is modified as 

set forth in section B of Annex III to this proclamation. 

(12) Paragraph (3) of Presidential Proclamation 8894 is amended 

to correct an inadvertent error by replacing ‘‘Colombia’’ with ‘‘Panama.’’ 

(13) 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 

twentieth day of December, in the year of our Lord two thousand 

twelve, and of the Independence of the United States of America 

the two hundred and thirty-seventh. 

BARACK OBAMA. 


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