To Take Certain Actions Under the African Growth and Opportunity Act

Proclamation 9388 of January 11, 2016

To Take Certain Actions Under the African Growth
and Opportunity Act

By the President of the United States of America

A Proclamation

1. In Proclamation 7350 of October 2, 2000, the
President designated the Republic of South Africa
(South Africa) as a beneficiary sub-Saharan African
country for purposes of section 506A(a)(1) of the Trade
Act of 1974 (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)),
as added by section 111(a) of the African Growth and
Opportunity Act (title I of Public Law 106-200) (AGOA).

2. Sections 506A(d)(4)(C) (19 U.S.C. 2466a(d)(4)(C))
and 506A(c)(1) (19 U.S.C. 2466a(c)(1)) of the 1974 Act
authorize the President to suspend the application of
duty-free treatment provided for any article described
in section 506A(b)(1) of the 1974 Act (19 U.S.C.
2466a(b)(1)) or 19 U.S.C. 3721 with respect to a
beneficiary sub-Saharan African country if he
determines that the beneficiary country is not meeting
the requirements described in section 506A(a)(1) of the
1974 Act and that suspending such duty-free treatment
would be more effective in promoting compliance by the
country with those requirements than terminating the
designation of the country as a beneficiary sub-Saharan
African country for purposes of section 506A of the
1974 Act.

3. Pursuant to section 506A(c)(1) of the 1974 Act, I
have determined that South Africa is not meeting the
requirements described in section 506A(a)(1) of the
1974 Act and that suspending the application of duty-
free treatment to certain goods would be more effective
in promoting compliance by South Africa with such
requirements than terminating the designation of South
Africa as a beneficiary sub-Saharan African country.
Accordingly, I have decided to suspend the application
of duty-free treatment for all AGOA-eligible goods in
the agricultural sector from South Africa for purposes
of section 506A of the 1974 Act, effective on March 15,
2016.

4. Section 604 of 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
sections 506A(d)(4)(C), 506A(c)(1), and 604 of the 1974
Act, do proclaim that:

(1) The application of duty-free treatment for all
AGOA-eligible goods in the agricultural sector from
South Africa is suspended for purposes of section 506A
of the 1974 Act, effective on March 15, 2016.
(2) In order to reflect in the HTS that beginning
on March 15, 2016, the application of duty-free
treatment for all AGOA-eligible goods in the
agricultural sector from South Africa shall be
suspended, the HTS is modified as set forth in the
Annex to this proclamation.

(3) 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
eleventh day of January, in the year of our Lord two
thousand sixteen, and of the Independence of the United
States of America the two hundred and fortieth.

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