To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes
Record date: 2020-11-04
Proclamation 10107 of October 30, 2020 To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes A Proclamation 1. In Executive Order 11844 of March 24, 1975, the President designated Thailand as a beneficiary developing country for purposes of the Generalized System of Preferences (GSP) ( 19 U.S.C. 2461 et seq .). 2. Sections 502(d)(1) and 503(c)(1) of the Trade Act of 1974, as amended, (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
What this record contains
- Federal Register document
- 2020-24589
- Publication date
- 2020-11-04
- Citation
- 85 FR 70027
- Issuing office
- Executive Office of the President
Official record excerpt
Proclamation 10107 of October 30, 2020 To Modify Duty-Free Treatment Under the Generalized System of Preferences and for Other Purposes A Proclamation 1. In Executive Order 11844 of March 24, 1975, the President designated Thailand as a beneficiary developing country for purposes of the Generalized System of Preferences (GSP) ( 19 U.S.C. 2461 et seq .). 2. Sections 502(d)(1) and 503(c)(1) of the Trade Act of 1974, as amended, (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) ). 3. Section 502(c)(4) of the 1974 Act ( 19 U.S.C. 2462(c)(4) ) provides that, in determining whether to designate any country as a beneficiary developing country under the GSP, the President shall take into account the extent to which such country has assured the United States that it will provide equitable and reasonable access to the markets and basic commodity resources of such country and the extent to which such country has assured the United States that it will refrain from engaging in unreasonable export practices. 4. Pursuant to sections 502(d)(1) and 503(c)(1) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c), including in particular section 502(c)(4), I have determined that Thailand has not assured the United States that Thailand will provide equitable and reasonable access to its markets. 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 on December 30, 2020. 5. 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. 6. 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 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. 7. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined that in 2019 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. 8. Pursuant to section 503(c)(1) of the 1974 Act, and having considered the factors set forth in sections 501 and 502(c) of the 1974 Act, I have determined to withdraw the application of the duty-free treatment accorded to a certain article. ( printed page 70028) 9. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act ( 19 U.S.C. 2461 and 2463(a)(1)(A) ), the President may, after receiving the advice of the United States International Trade Commission (the “Commission”), designate certain articles as eligible for preferential tariff treatment under the GSP when they are imported from designated beneficiary developing countries. 10. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and having received advice from the Commission in accordance with section 503(e) of the 1974 Act ( 19 U.S.C. 2463(e) ), I have determined to designate a certain article as an eligible article when it is imported from beneficiary developing countries. 11. 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) ). 12. 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 should be disregarded with
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