To Modify the Harmonized Tariff Schedule of the United States and for Other Purposes

Proclamation 9549 of December 1, 2016

To Modify the Harmonized Tariff Schedule of the
United States and for Other Purposes

By the President of the United States of America

A Proclamation

1. Section 1205(a) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``1988 Act'') (19
U.S.C. 3005(a)) directs the United States International
Trade Commission (the ``Commission'') to keep the
Harmonized Tariff Schedule of the United States (HTS)
under continuous review and periodically to 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.
Pursuant to sections 1205(c) and (d) of the 1988 Act
(19 U.S.C. 3005(c) and (d)), the Commission has
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'').

2. Section 1206(a) of the 1988 Act (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. I have determined that the
modifications to the HTS proclaimed in this
proclamation pursuant to section 1206(a) of the 1988
Act are in conformity with United States obligations
under the Convention and do not run counter to the
national economic interest of the United States.

3. Presidential 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 1988 Act (19 U.S.C.
2902(a) and (e)), and approved in section 101(a) of the
Uruguay Round Agreements Act (URAA) (19 U.S.C.
3511(a)).

4. 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, 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. In order to ensure the
continuation of such rates of duty for imported goods
under tariff categories that are being modified to
reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are
necessary or appropriate to carry out the duty
reductions previously proclaimed, including certain
technical or conforming changes within the tariff
schedule.

5. Presidential Proclamation 7857 of December 20, 2004,
implemented the United States-Australia Free Trade
Agreement (USAFTA) with respect to the United States
and, pursuant to section 201 of the United States-
Australia Free Trade Agreement Implementation Act (the
``USAFTA Act'') (19 U.S.C. 3805 note), the staged
reductions in rates of duty that the President
determined to be necessary or appropriate to carry out
or apply articles 2.3,

2.5, and 2.6 of the USAFTA and the schedule of
reductions with respect to Australia set forth in Annex
2-B of the USAFTA. In order to ensure the continuation
of such staged reductions in rates of duty for
originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.

6. Presidential Proclamation 7971 of December 22, 2005,
implemented the United States-Morocco Free Trade
Agreement (USMFTA) with respect to the United States
and, pursuant to section 201 of the United States-
Morocco Free Trade Agreement Implementation Act (the
``USMFTA Act'') (19 U.S.C. 3805 note), the staged
reductions in rates of duty that the President
determined to be necessary or appropriate to carry out
or apply articles 2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10,
4.3.11, 4.3.13, 4.3.14, and 4.3.15 of the USMFTA and
the schedule of reductions with respect to Morocco set
forth in Annex IV of the USMFTA. In order to ensure the
continuation of such staged reductions in rates of duty
for originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.

7. Presidential Proclamations 7987 of February 28,
2006, 7991 of March 24, 2006, 7996 of March 31, 2006,
8034 of June 30, 2006, 8111 of February 28, 2007, 8331
of December 23, 2008, and 8536 of June 12, 2010,
implemented the Dominican Republic-Central America-
United States Free Trade Agreement (the ``CAFTA-DR
Agreement'') 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 ``CAFTA-DR Act'') (19 U.S.C.
4031), the staged reductions in rates of duty that the
President determined to be necessary or appropriate to
carry out or apply articles 3.3, 3.5, 3.6, 3.21, 3.26,
3.27, and 3.28, and Annexes 3.3 (including the schedule
of the United States duty reductions with respect to
originating goods), 3.27, and 3.28 of the CAFTA-DR
Agreement. In order to ensure the continuation of such
staged reductions in rates of duty for originating
goods under tariff categories that are being modified
to reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are
necessary or appropriate to carry out the duty
reductions previously proclaimed.

8. Presidential Proclamation 8332 of December 29, 2008,
implemented the United States-Oman Free Trade Agreement
(USOFTA) with respect to the United States and,
pursuant to section 201 of the United States-Oman Free
Trade Agreement Implementation Act (the ``USOFTA Act'')
(19 U.S.C. 3805 note), the staged reductions in duty
that the President determined to be necessary or
appropriate to carry out or apply articles 2.3, 2.5,
2.6, 3.2.8, and 3.2.9, and the schedule of duty
reductions with respect to Oman set forth in Annex 2-B
of the USOFTA. In order to ensure the continuation of
such staged reductions in rates of duty for originating
goods under tariff categories that are being modified
to reflect the amendments to the Convention, I have
determined that additional modifications to the HTS are
necessary or appropriate to carry out the duty
reductions previously proclaimed.

9. Presidential Proclamation 8341 of January 16, 2009,
implemented the United States-Peru Trade Promotion
Agreement (USPTPA) with respect to the United States
and, pursuant to section 201 of the United States-Peru
Trade Promotion Agreement Implementation Act (the
``USPTPA Act'') (19 U.S.C. 3805 note), the staged
reductions in duty that the President determined to be
necessary or appropriate to carry out or apply articles
2.3, 2.5, 2.6, 3.3.13, and Annex 2.3 of the USPTPA. In
order to ensure the continuation of such staged
reductions in rates of duty for originating goods under
tariff categories that are being modified to reflect
the amendments to the Convention, I have determined
that additional modifications to the HTS are necessary
or appropriate to carry out the duty reductions
previously proclaimed.

10. Presidential Proclamation 8783 of March 6, 2012,
implemented the United States-Korea Free Trade
Agreement (USKFTA) with respect to the United States
and, pursuant to section 201 of the United States-Korea
Free Trade Agreement Implementation Act (the ``USKFTA
Act'') (19 U.S.C. 3805 note), the staged reductions in
duty that the President determined to be necessary or
appropriate to carry out or apply articles 2.3, 2.5,
2.6, and the schedule of duty reductions with respect
to Korea set forth in Annex 2-B, Annex 4-B, and Annex
22-A of the USKFTA. In order to ensure the continuation
of such staged reductions in rates of duty for
originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.

11. Presidential Proclamation 8894 of October 29, 2012,
implemented the United States-Panama Trade Promotion
Agreement (PTPA) with respect to the United States and,
pursuant to section 201 of the United States-Panama
Trade Promotion Agreement Implementation Act (the
``PTPA Act'') (19 U.S.C. 3805 note), the staged
reductions in duty that the President determined to be
necessary or appropriate to carry out or apply articles
3.3, 3.5, 3.6, 3.26, 3.27, 3.28, and 3.29, and the
schedule of duty reductions with respect to Panama set
forth in Annex 3.3 of the PTPA. In order to ensure the
continuation of such staged reductions in rates of duty
for originating goods under tariff categories that are
being modified to reflect the amendments to the
Convention, I have determined that additional
modifications to the HTS are necessary or appropriate
to carry out the duty reductions previously proclaimed.

12. Presidential Proclamation 9466 of June 30, 2016,
implemented the World Trade Organization Declaration on
the Expansion of Trade in Information Technology
Products (the ``Declaration'') and, pursuant to section
111(b) of the URAA (19 U.S.C. 3521(b)), modified the
HTS to include the schedule of duty reductions
necessary or appropriate to carry out the Declaration.
These modifications to the HTS were set out in Annex I
to that proclamation, and included certain technical
errors that affected the tariff treatment accorded to
certain goods covered by the Declaration. I have
determined that modifications to the HTS are necessary
to correct the technical errors.

13. Presidential Proclamation 9466 of June 30, 2016,
implemented amendments to sections 112(b)(3)(A) and
112(c)(1) of the African Growth and Opportunity Act
(AGOA) (19 U.S.C. 3721(b)(3)(A) and 3721(c)(1)), as
amended by sections 103(b)(2) and 103(b)(3) of the
Trade Preferences Extension Act of 2015 (TPEA) (Public
Law 114-27). That proclamation, in part, modified the
HTS to extend the regional apparel article program and
the third-country fabric program through September 30,
2025. These modifications to the HTS included certain
technical errors. I have determined that modifications
to the HTS are necessary to correct the technical
errors.

14. Executive Order 13742 of October 7, 2016,
authorized by the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) and the National
Emergencies Act (50 U.S.C. 1601 et seq.), revoked the
ban on the importation into the United States of any
jadeite or rubies mined or extracted from Burma and any
articles of jewelry containing jadeite or rubies mined
or extracted from Burma. Presidential Proclamation 9383
of December 21, 2015, previously modified the HTS to
include additional U.S. Note 4 to Chapter 71 of the
HTS, which prohibited the importation of any jadeite or
rubies mined or extracted from Burma and any articles
of jewelry containing jadeite or rubies mined or
extracted from Burma. Importation of those products was
previously prohibited under the Burmese Freedom and
Democracy Act of 2003 (the ``BFDA'') (Public Law 108-
61), as amended by section 6(a) of the Tom Lantos Block
Burmese JADE Act of 2008 (the ``JADE Act'') (Public Law
110-286), before its expiration on July 28, 2013. I
have determined that the deletion of additional U.S.
Note 4 to Chapter 71 of the HTS is necessary to the
implementation of Executive Order 13742.

15. Section 604 of the Trade Act of 1974, as amended
(the ``Trade 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. Section 1206(c) of the 1988 Act, as
amended (19 U.S.C. 3006(c)), provides that any
modifications proclaimed by the President under section
1206(a) of that Act may not take effect before the
thirtieth day after the date on which the text of the
proclamation is published in the Federal Register.

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
sections 1102 and 1206 of the 1988 Act, section 111 of
the URAA, section 201 of the USAFTA Act, section 201 of
the USMFTA Act, section 201 of the CAFTA-DR Act,
section 201 of the USOFTA Act, section 201 of the
USPTPA Act, section 201 of the USKFTA, section 201 of
the PTPA Act, section 112 of AGOA, section 604 of the
Trade Act, 50 U.S.C. 1701 et seq., and 50 U.S.C. 1601
et seq., do proclaim that:

(1) In order to modify the HTS to conform it to the
Convention or any amendment thereto recommended for
adoption, to promote the uniform application of the
Convention, to establish additional subordinate tariff
categories, and to make technical and conforming
changes to existing provisions, the HTS is modified as
set forth in Annex I of Publication 4653 of the United
States International Trade Commission, titled,
``Modifications to the Harmonized Tariff Schedule of
the United States Under Section 1206 of the Omnibus
Trade and Competitiveness Act of 1988,'' which is
incorporated by reference into this proclamation.
(2) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Morocco under the USMFTA that are classifiable in
the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for
consumption, on or after each of the dates specified in
section (a) of Annex II of Publication 4653, the HTS is
modified as follows:

(a) The Rates of Duty 1-Special subcolumn is modified by inserting in such
subcolumn for each subheading the rate of duty specified for such
subheading in the table column titled 2017 before the symbol ``MA'' in
parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in
such subcolumn for such subheadings set forth before the symbol ``MA'' in
parentheses are deleted and the rates of duty for such dated table column
are inserted in each enumerated subheading in lieu thereof.

(3) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Australia under the USAFTA that are classifiable in
the provisions modified by Annex I of Publication 4653
and entered, or withdrawn from warehouse for
consumption, on or after each of the dates specified in
section (b) of Annex II of Publication 4653, the HTS is
modified as follows:

(a) The Rates of Duty 1-Special subcolumn for each of the subheadings
enumerated in subsection B is modified by inserting in such subcolumn for
each subheading the rate of duty specified for such subheading in the table
column titled 2017 before the symbol ``AU'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in
such subcolumn for such subheadings set forth before the symbol ``AU'' in
parentheses are deleted and the rates of duty for such dated table column
are inserted in each enumerated subheading in lieu thereof.

(4) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
under general note 29 to the HTS that are classifiable
in the provisions modified by Annex I of Publication
4653 and entered, or withdrawn from warehouse for
consumption, on or after each of the dates specified in
subsections (c)(1) and (c)(2) of Annex II of
Publication 4653, the HTS is modified as follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in subsection (c)(1)
of Annex II is modified by inserting in such subcolumn for each subheading
the rate of duty specified in the table column titled 2017 before the
symbol ``P'' in parentheses;

(b) The rates of duty for such subheadings set forth before the symbol
``P'' in parentheses are deleted and the rates of duty for such dated table
column are inserted in each enumerated subheading in lieu thereof;

(c) The Rates of Duty 1-Special subcolumn for each of the HTS subheadings
enumerated in subsection (c)(2) of Annex II is modified by inserting in
such subcolumn for each subheading the rate of duty specified in the table
column titled 2017 before the symbol ``P+'' in parentheses; and

(d) For each of the subsequent dated table columns in such subsection set
forth before the symbol ``P+'' in parentheses, are deleted and the rates of
duty for such dated table column are inserted in each enumerated subheading
in lieu thereof.

(5) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Peru under the USPTPA that are classifiable in the
provisions modified by Annex I of Publication 4653 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section (d)
of Annex II of Publication 4653, the HTS is modified as
follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in section (d) of
Annex II is modified by inserting in such subcolumn for each subheading the
rate of duty specified for such subheading in the table column titled 2017
before the symbol ``PE'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in
such subcolumn for such subheadings set forth before the symbol ``PE'' in
parentheses are deleted and the rates of duty for such dated table column
are inserted in each enumerated subheading in lieu thereof.

(6) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Oman under the USOFTA that are classifiable in the
provisions modified by Annex I of Publication 4653 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section (e)
of Annex II of Publication 4653, the HTS is modified as
follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in section (e) of
Annex II is modified by inserting in such subcolumn for each subheading the
rate of duty specified for such subheading in the table column titled 2017
before the symbol ``OM'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in
such subcolumn for such subheadings set forth before the symbol ``OM'' in
parentheses are deleted and the rates of duty for such dated table column
are inserted in each enumerated subheading in lieu thereof.

(7) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Korea under the USKFTA that are classifiable in the
provisions modified by Annex I of Publication 4653 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified

in section (f) of Annex II of Publication 4653, the HTS
is modified as follows:

(a) The rate of duty in the HTS set forth in the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in section (f) of
Annex II shall be modified by inserting in such subcolumn for each
subheading the rate of duty specified for such subheading in the table
column titled 2017 before the symbol ``KR'' in parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in
such subcolumn for such subheadings set forth before the symbol ``KR'' in
parentheses are deleted and the rates of duty for such dated table column
are inserted in each enumerated subheading in lieu thereof.

(8) In order to provide for the continuation of
previously proclaimed staged duty reductions in the
Rates of Duty 1-Special subcolumn for originating goods
of Panama under the PTPA that are classifiable in the
provisions modified by Annex I of Publication 4653 and
entered, or withdrawn from warehouse for consumption,
on or after each of the dates specified in section (g)
of Annex II of Publication 4653, the HTS is modified as
follows:

(a) The Rates of Duty 1-Special subcolumn is modified by inserting in such
subcolumn for each subheading the rate of duty specified for such
subheading in the table column titled 2017 before the symbol ``PA'' in
parentheses; and

(b) For each of the subsequent dated table columns, the rates of duty in
such subcolumn for such subheadings set forth before the symbol ``PA'' in
parentheses are deleted and the rates of duty for such dated table column
are inserted in each enumerated subheading in lieu thereof.

(9) In order to make technical corrections
necessary to provide the intended tariff treatment to
goods covered by the Declaration in accordance with
Presidential Proclamation 9466 of June 30, 2016, the
HTS is modified as set forth in Annex III of
Publication 4653.
(10) In order to make technical corrections
necessary to provide that the regional apparel article
program and the third-country fabric program are
effective through September 30, 2025, in accordance
with Presidential Proclamation 9466 of June 30, 2016,
the HTS is modified as set forth in Annex III of
Publication 4653.
(11) In order to implement Executive Order 13742 of
October 7, 2016, as authorized by the International
Emergency Economic Powers Act, National Emergencies
Act, the BFDA, and the JADE Act, the HTS is modified by
deleting additional U.S. Note 4 to Chapter 71 of the
HTS.
(12) (a) The modifications and technical
rectifications to the HTS set forth in Annex I of
Publication 4653 shall be effective with respect to
goods entered, or withdrawn from warehouse for
consumption, on or after the later of (i) January 1,
2017, or (ii) the thirtieth day after the date of
publication of this proclamation in the Federal
Register.

(b) The modifications to the HTS set forth in Annexes II and III of
Publication 4653 shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the respective dates
specified in each section of such Annex for the goods described therein.

(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
first day of December, in the year of our Lord two
thousand sixteen, and of the Independence of the United
States of America the two hundred and forty-first.