To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes
Record date: 2019-10-31
Proclamation 9955 of October 25, 2019 To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes A Proclamation 1. In Proclamation 9687 of December 22, 2017, after considering the factors set forth in sections 501 and 502(c) of the Trade Act of 1974, as amended, (the “1974 Act”) ( 19 U.S.C. 2461 and 2462(c) ), I suspended the duty-free treatment accorded under the Generalized System of Preferences (GSP) ( 19 U.S.C. 2461 et seq. ) to certain eligible articles that are the product of Ukraine. I
What this record contains
- Federal Register document
- 2019-24008
- Publication date
- 2019-10-31
- Citation
- 84 FR 58567
- Issuing office
- Executive Office of the President
Official record excerpt
Proclamation 9955 of October 25, 2019 To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes A Proclamation 1. In Proclamation 9687 of December 22, 2017, after considering the factors set forth in sections 501 and 502(c) of the Trade Act of 1974, as amended, (the “1974 Act”) ( 19 U.S.C. 2461 and 2462(c) ), I suspended the duty-free treatment accorded under the Generalized System of Preferences (GSP) ( 19 U.S.C. 2461 et seq. ) to certain eligible articles that are the product of Ukraine. I did so after considering, in particular, the extent to which Ukraine was providing adequate and effective protection of intellectual property rights, in accordance with section 502(c)(5) of the 1974 Act ( 19 U.S.C. 2462(c)(5) ). 2. Having once again considered the factors set forth in sections 501 and 502(c) of the 1974 Act, and in particular section 502(c)(5), I have determined that Ukraine has made progress in providing adequate and effective protection of intellectual property rights. Accordingly, it is appropriate to terminate the suspension of the duty-free treatment accorded under the GSP to certain eligible articles that are the product of Ukraine, effective 5 days after the date of this proclamation. 3. In Executive Order 11844 of March 24, 1975, the President designated Thailand as a beneficiary developing country for purposes of the GSP. 4. Sections 502(d)(1) and 503(c)(1) of the 1974 Act ( 19 U.S.C. 2462(d)(1) and 2463(c)(1) ) provide that the President may withdraw, suspend, or limit the application of the duty-free treatment accorded under the GSP with respect to any beneficiary developing country and any article upon consideration of the factors set forth in sections 501 and 502(c) of the 1974 Act ( 19 U.S.C. 2461 and 2462(c) ). 5. Section 502(c)(7) of the 1974 Act ( 19 U.S.C. 2462(c)(7) ) provides that, in determining whether to designate any country as a beneficiary developing country under the GSP, the President shall take into account whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights. 6. Pursuant to sections 502(d)(1) and 503(c)(1) of the 1974 Act ( 19 U.S.C. 2462(d)(1) and 2463(c)(1) ), and having considered the factors set forth in sections 501 and 502(c), including in particular section 502(c)(7) ( 19 U.S.C. 2462(c)(7) ), I have determined that Thailand is not taking steps to afford to workers in Thailand internationally recognized worker rights. Accordingly, it is appropriate to suspend the duty-free treatment accorded under the GSP to certain eligible articles that are the product of Thailand, effective 6 months after the date of this proclamation. 7. Pursuant to section 503(c)(1) of the 1974 Act, the President may withdraw, suspend, or limit the application of the duty-free treatment accorded to specified articles under the GSP when imported from designated beneficiary developing countries. 8. Section 503(c)(2)(A) of the 1974 Act ( 19 U.S.C. 2463(c)(2)(A) ) subjects beneficiary developing countries, except those designated as least-developed ( printed page 58568) beneficiary developing countries or beneficiary sub-Saharan African countries as provided in section 503(c)(2)(D) of the 1974 Act ( 19 U.S.C. 2463(c)(2)(D) ), to competitive need limitations on the duty-free treatment afforded to eligible articles under the GSP. 9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2018 certain beneficiary developing countries exported eligible articles in quantities exceeding the applicable competitive need limitations. I hereby terminate the duty-free treatment for such articles from such beneficiary developing countries. 10. Section 503(c)(2)(F)(i) of the 1974 Act ( 19 U.S.C. 2463(c)(2)(F)(i) ) provides that the President may disregard the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act ( 19 U.S.C. 2463(c)(2)(A)(i)(II) ) with respect to any eligible article from any beneficiary developing country if the aggregate appraised value of the imports of any such article into the United States during the preceding calendar year does not exceed the amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act ( 19 U.S.C. 2463(c)(2)(F)(ii) ). 11. Pursuant to section 503(c)(2)(F)(i) of the 1974 Act, I have determined that the competitive need limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act
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