To Modify the Harmonized Tariff Schedule of the United States

Proclamation 9384 of December 23, 2015

To Modify the Harmonized Tariff Schedule of the
United States

By the President of the United States of America

A Proclamation

1. On September 9, 2012, leaders of the 21 Asia-Pacific
Economic Cooperation (APEC) economies agreed to reduce
applied tariff rates to 5 percent or less by the end of
2015 on 54 environmental goods. On November 19, 2015,
leaders of the APEC economies reaffirmed that
commitment.

2. Section 103(a) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015 (19 U.S.C.
4202(a)), authorizes the President, under certain
circumstances, to proclaim such modification of any
existing duty as the President determines to be
required or appropriate to carry out an agreement
entered into in accordance with section 103(a). The
President 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.

3. Section 502 of the Protecting Americans from Tax
Hikes Act of 2015 authorizes the President to exercise
the authority under section 103(a)(1)(B) of the
Bipartisan Congressional Trade Priorities and
Accountability Act of 2015 to implement an agreement by
members of APEC to reduce any rate of duty on certain
environmental goods included in Annex C of the APEC
Leaders' Declaration issued on September 9, 2012.

4. The United States applies duties to imports of
certain environmental goods included in Annex C of the
APEC Leaders' Declaration issued on September 9, 2012,
of 8 percent, 5.6 percent, and 6.7 percent, the same
rates that applied on June 29, 2015. On September 9,
2012, the United States agreed to cut applied duties on
these environmental goods to 5 percent. The United
States reaffirmed that commitment on November 19, 2015.

5. Section 604 of the Trade Act of 1974 (the ``1974
Act'') (19 U.S.C. 2483) authorizes the President to
embody in the Harmonized Tariff Schedule of the United
States (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.

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
section 103(a) of the Bipartisan Congressional Trade
Priorities and Accountability Act of 2015, section 502
of the Protecting Americans from Tax Hikes Act of 2015,
and section 604 of the 1974 Act, do proclaim that:

(1) In order to reduce the applied tariff rates of
the United States to the level agreed upon by APEC
leaders, the HTS is modified as set forth in the Annex
to this proclamation.
(2) The modifications to the HTS set forth in the
Annex to this proclamation shall be effective with
respect to goods entered, or withdrawn from warehouse
for consumption, on or after December 31, 2015.

IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-third day of December, in the year of our Lord
two thousand fifteen, and of the Independence of the
United States of America the two hundred and fortieth.

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