`[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Presidential Documents]
[Pages 105333-105342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31353]


 
 
                         Presidential Documents 
 
 

  Federal Register / Vol. 89, No. 248 / Friday, December 27, 2024 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

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                Proclamation 10875 of December 20, 2024

                
To Implement the United States-Israel Agreement 
                on Trade in Agricultural Products and for Other 
                Purposes

                By the President of the United States of America

                A Proclamation

                1. 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'')).

                2. 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 2023, 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. 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; 10326 of 
                December 23, 2021; 10509 of December 23, 2022; and 
                10692 of December 29, 2023, 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 October 
                31, 2024, the United States entered into an agreement 
                with Israel to extend the period that the 2004 
                Agreement is in force through December 31, 2025, 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

[[Page 105334]]

                by the USIFTA, to provide duty-free access into the 
                United States through the close of December 31, 2025, 
                for specified quantities of certain agricultural 
                products of Israel, as provided in Annex I of this 
                proclamation.

                3. Proclamation 10053 of June 29, 2020, implemented the 
                Agreement between the United States of America, the 
                United Mexican States, and Canada (USMCA) with respect 
                to the United States and, pursuant to section 103 of 
                the United States-Mexico-Canada Agreement 
                Implementation Act (the ``USMCA Implementation Act'') 
                (Public Law 116-113, 134 Stat. 11, 15-17 (19 U.S.C. 
                4513)), incorporated in the HTS the tariff 
                modifications and rules of origin necessary or 
                appropriate to carry out the USMCA.

                4. In order to provide generally for the preferential 
                tariff treatment being accorded under the USMCA, to set 
                forth rules for determining whether goods imported into 
                the customs territory of the United States are eligible 
                for preferential tariff treatment under the USMCA, to 
                provide tariff-rate quotas with respect to certain 
                originating goods of Canada, and to provide certain 
                other treatment to originating goods for purposes of 
                the USMCA, Proclamation 10053 modified the HTS as set 
                forth in Annex I of Publication 5060 of the United 
                States International Trade Commission (the 
                ``Commission''), entitled ``Modifications to the 
                Harmonized Tariff Schedule of the United States to 
                Implement the United States-Mexico-Canada Agreement'' 
                (Publication 5060), including by adding general note 
                11. Proclamation 10053 further modified the HTS to 
                reflect the termination of tariff treatment under the 
                North American Free Trade Agreement (NAFTA), as set 
                forth in Annex III of Publication 5060, including by 
                deleting general note 12.

                5. In order to implement the initial stage of duty 
                reduction provided for in the USMCA, to provide for 
                future staged reductions in duties for originating 
                goods provided for in the USMCA, and to provide tariff-
                rate quotas with respect to certain goods provided for 
                in the USMCA, Proclamation 10053 modified the HTS as 
                set forth in Annex II of Publication 5060.

                6. A technical error was made in the modifications to 
                U.S. note 3(d) to subchapter II of chapter 98 of the 
                HTS, and certain references to general note 12 were 
                inadvertently not modified. I have determined that 
                additional modifications to the HTS are necessary or 
                appropriate to provide for the intended tariff 
                treatment under the USMCA, including certain technical 
                or conforming changes within the tariff schedule.

                7. Proclamation 7987 of February 28, 2006, implemented 
                the Dominican Republic-Central America-United States 
                Free Trade Agreement (DR-CAFTA) 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 ``DR-CAFTA 
                Act'') (Public Law 109-53, 119 Stat. 462, 467 (19 
                U.S.C. 4001 note)), incorporated in the HTS the tariff 
                modifications and rules of origin necessary or 
                appropriate to carry out certain provisions of the DR-
                CAFTA.

                8. A rule of origin under the DR-CAFTA, found in 
                general note 29 to the HTS, contains a reference to 
                general note 12. Proclamation 10053 deleted general 
                note 12 but omitted a conforming change to the 
                reference in general note 29. I have determined that an 
                additional modification to the HTS is necessary or 
                appropriate to reflect this conforming change.

                9. Section 602 of the Consolidated Appropriations Act, 
                2021 (Public Law 116-260, 134 Stat. 1182, 2152-54), 
                made technical corrections to other laws, including 
                replacing certain references to the NAFTA with 
                references to the USMCA in sections 112 and 113(b) of 
                the African Growth and Opportunity Act (the ``AGOA'') 
                (title I of Public Law 106-200, 114 Stat. 251, 258-265 
                (19 U.S.C. 3721, 3722(b))), as amended by the Africa 
                Investment Incentive Act of 2006 (title VI of Public 
                Law 109-432, 120 Stat. 2922, 3190-94), and in sections 
                212(a), 213(b), and 213A(b) of the Caribbean Basin 
                Economic Recovery Act (the ``CBERA'') (title II of 
                Public Law 98-67, 97 Stat. 369, 384-85, 388 (19 U.S.C. 
                2702(a)(1), 2703(b), 2703a(b))), as amended by the 
                United States-Caribbean Basin Trade Partnership Act

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                (title II of Public Law 106-200, 114 Stat. 251, 275-
                288), the Haitian Hemispheric Opportunity through 
                Partnership Encouragement Act of 2006 (title V of 
                Public Law 109-432, 109 Stat. 2922, 3181-87), and the 
                Haitian Hemispheric Opportunity through Partnership 
                Encouragement Act of 2008 (subtitle D of Public Law 
                110-234, 122 Stat. 923, 1527-47).

                10. I have determined that additional modifications to 
                the HTS are necessary or appropriate to provide for the 
                intended tariff treatment under the AGOA and the CBERA, 
                including certain technical or conforming changes 
                within the tariff schedule.

                11. Section 104(c) of the Trade Preferences Extension 
                Act of 2015 (the ``TPEA'') (Public Law 114-27, 129 
                Stat. 362, 365 (19 U.S.C. 2466a note)) authorizes the 
                President to proclaim modifications that may be 
                necessary to add the special tariff treatment symbol 
                ``D'' in the ``Special'' subcolumn of the HTS for each 
                article classified under a heading or subheading with 
                the special tariff treatment symbol ``A'' or ``A*'' in 
                the ``Special'' subcolumn of the HTS. Pursuant to 
                section 104(c) of the TPEA, Proclamation 9466 of June 
                30, 2016, modified the HTS to add the special tariff 
                treatment symbol ``D'' in the HTS as set forth in Annex 
                III of that proclamation.

                12. The modifications to the HTS authorized in 
                Proclamation 9466 included certain technical errors. I 
                have determined that additional modifications to the 
                HTS are necessary or appropriate to provide for the 
                intended tariff treatment under the AGOA, as authorized 
                by section 104(c) of the TPEA, including certain 
                technical or conforming changes within the tariff 
                schedule.

                13. 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 Omnibus Trade and 
                Competitiveness Act of 1988 (the ``1988 Act'') (Public 
                Law 100-418, 102 Stat. 1107, 1126 (19 U.S.C. 2902(a) 
                and (e))), as amended by Public Law 103-49, 107 Stat. 
                239, and approved in section 101(a) of the Uruguay 
                Round Agreements Act (the ``URAA'') (Public Law 103-
                465, 108 Stat. 4809, 4814-15 (19 U.S.C. 3511(a))).

                14. 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 (19 U.S.C. 2902(a) and (e)), 
                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.

                15. Section 1205(a) of the 1988 Act (102 Stat. 1150 (19 
                U.S.C. 3005(a))) directs the Commission to keep the HTS 
                under continuous review and to periodically 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.

                16. Pursuant to sections 1205(c) and (d) of the 1988 
                Act (102 Stat. 1150-51 (19 U.S.C. 3005(c) and (d))), in 
                2010, 2015, 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'').

                17. Section 1206(a) of the 1988 Act (102 Stat. 1151 (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.

                18. Proclamation 8771 of December 29, 2011, 
                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

[[Page 105336]]

                Proclamation 8771, Proclamation 9549, and Proclamation 
                10326 each included certain technical errors.

                19. Proclamation 8771 incorrectly modified the column 2 
                rate of duty for subheadings 0401.40.25 and 0401.50.25, 
                and the ``General'' subcolumn rate of duty for column 1 
                and the column 2 rate of duty for subheading 
                6505.00.01. I have determined that additional 
                modifications to the HTS are necessary or appropriate 
                to provide for the intended tariff treatment.

                20. Proclamation 9549 and Proclamation 10326 each 
                created certain new subheadings with the special tariff 
                treatment symbol ``A'' or ``A*'' in the ``Special'' 
                subcolumn of the HTS, but omitted the special tariff 
                treatment symbol ``D''. I have determined that 
                additional modifications to the HTS are necessary or 
                appropriate to provide for the intended tariff 
                treatment under the AGOA, including certain technical 
                or conforming changes within the tariff schedule.

                21. Proclamation 10326 also included technical errors 
                with respect to other subheadings. I have determined 
                that additional modifications to the HTS are necessary 
                or appropriate to provide for the intended tariff 
                treatment, including the tariff treatment previously 
                proclaimed in Proclamation 6763.

                22. In Proclamation 9705 of March 8, 2018, pursuant to 
                section 232 of the Trade Expansion Act of 1962, as 
                amended (the ``Trade Expansion Act'') (Public Law 87-
                794, 76 Stat. 872, 877 (19 U.S.C. 1862)), the President 
                concurred with the finding of the Secretary of Commerce 
                that steel articles, as defined in clause 1 of 
                Proclamation 9705 (as amended by clause 8 of 
                Proclamation 9711 of March 22, 2018), are being 
                imported into the United States in such quantities and 
                under such circumstances as to threaten to impair the 
                national security of the United States, and decided to 
                adjust the imports of steel articles by imposing a 25 
                percent ad valorem tariff on such articles imported 
                from all countries except Canada and Mexico. 
                Proclamation 9740 of April 30, 2018, and Proclamation 
                9759 of May 31, 2018, modified the HTS to provide 
                quotas with respect to steel articles imported from 
                certain countries. Proclamation 10328 of December 27, 
                2021, Proclamation 10356 of March 31, 2022, 
                Proclamation 10406 of May 31, 2022, and Proclamation 
                10691 of December 28, 2023, modified the HTS to provide 
                tariff-rate quotas with respect to steel articles 
                imported from certain countries.

                23. On July 1, 2024, the Commission, in cooperation 
                with the interagency Committee for Statistical 
                Annotation of Tariff Schedules, implemented certain 
                changes in 10-digit statistical reporting categories of 
                the HTS under section 484(f) of the Tariff Act of 1930 
                (ch. 497, 46 Stat. 590, 723 (19 U.S.C. 1484(f))), as 
                amended by section 637 of the North American Free Trade 
                Agreement Implementation Act (Public Law 103-182, 107 
                Stat. 2057, 2202). I have determined that certain 
                conforming amendments to the HTS are necessary in order 
                to ensure the maintenance of duty rates, quotas, and 
                tariff-rate quotas for steel articles under tariff 
                categories that were modified.

                24. Section 604 of the Trade Act of 1974, as amended 
                (the ``Trade Act'') (Public Law 93-618, 88 Stat. 1978, 
                2073 (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, 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 4(b) of the USIFTA Implementation 
                Act, section 104(c) of the TPEA, section 1206(a) of the 
                1988 Act, section 232 of the Trade Expansion Act, and 
                section 604 of the Trade Act, do proclaim that:

(1) In order to implement tariff commitments under the 2004 Agreement 
through December 31, 2025, the HTS is modified as set forth in Annex I of 
this proclamation.

[[Page 105337]]

(2) 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.

(3) In order to make the modifications and technical rectifications to the 
HTS described in paragraphs 3 through 24 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.

(4) 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 twenty-four, and of the Independence of the 
                United States of America the two hundred and forty-
                ninth.
                
                
                    (Presidential Sig.)

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[FR Doc. 2024-31353
Filed 12-26-24; 8:45 am]
Billing code 7020-02-C`