7 January 2009
[Federal Register: January 7, 2009 (Volume 74, Number 4)]
[Presidential Documents]
[Page 611-613]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ja09-79]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 611]]
Proclamation 8334 of December 31, 2008
To Extend Duty-Free Treatment for Certain
Agricultural Products of Israel and for Other Purposes
By the President of the United States of America
A Proclamation
1. On April 22, 1985, the United States and Israel
entered into the Agreement on the Establishment of a
Free Trade Area between the Government of the United
States of America and the Government of Israel
(USIFTA), which the Congress approved in the United
States-Israel Free Trade Area Implementation Act of
1985 (the ``USIFTA Act'') (19 U.S.C. 2112 note).
2. In order to maintain the general level of reciprocal
and mutually advantageous concessions with respect to
agricultural trade with Israel, on July 27, 2004, the
United States entered into an agreement with Israel
concerning certain aspects of trade in agricultural
products during the period January 1, 2004, through
December 31, 2008 (the ``2004 Agreement''). The 2004
Agreement reflects an effort by the United States and
Israel to address, through 2008, their continuing
differences over the meaning of certain provisions in
the USIFTA governing access for U.S. agricultural
products to Israel's market.
3. Section 4(b) of the USIFTA Act provides that,
whenever the President determines that it is necessary
to maintain the general level of reciprocal and
mutually advantageous concessions with respect to
Israel provided for by the USIFTA, the President may
proclaim such withdrawal, suspension, modification, or
continuance of any duty, or such continuance of
existing duty-free or excise treatment, or such
additional duties as the President determines to be
required or appropriate to carry out the USIFTA.
4. In Proclamation 7826 of October 4, 2004, consistent
with the 2004 Agreement, I proclaimed modifications to
the Harmonized Tariff Schedule of the United States
(HTS) to provide duty-free access into the United
States through December 31, 2008, for specified
quantities of certain agricultural products of Israel.
5. On December 10, 2008, the United States entered into
an agreement with Israel to extend the period that the
2004 Agreement is in force through December 31, 2009,
to allow additional time for the two governments to
conclude an agreement to replace the 2004 Agreement.
6. Pursuant to section 4(b) of the USIFTA Act, I have
determined that it is necessary, in order to maintain
the general level of reciprocal and mutually
advantageous concessions with respect to Israel
provided for by the USIFTA, to provide duty-free access
into the United States through the close of December
31, 2009, for specified quantities of certain
agricultural products of Israel.
7. On June 6, 2003, the United States and Chile entered
into the United States-Chile Free Trade Agreement
(USCFTA). The Congress approved the USCFTA in section
101(a) of the United States-Chile Free Trade Agreement
Implementation Act (the ``USCFTA Act'') (19 U.S.C. 3805
note). In Proclamation 7746 of December 30, 2003, I
proclaimed the tariff treatment called for under the
USCFTA.
[[Page 612]]
8. Section 201(b) of the USCFTA Act authorizes the
President, subject to the consultation and layover
requirements of section 103(a) of the USCFTA Act, to
proclaim such modifications to the staging of duty
treatment set forth in Annex 3.3 of the USCFTA as the
United States may agree to with Chile, as the President
determines to be necessary or appropriate to maintain
the general level of reciprocal and mutually
advantageous concessions with respect to Chile provided
for by the USCFTA.
9. On November 26, 2008, the United States entered into
an agreement with Chile that includes an accelerated
schedule of duty elimination under the USCFTA for
specific originating goods of Chile. The consultation
and layover requirements of section 103(a) of the
USCFTA Act with respect to the accelerated schedule of
duty elimination were satisfied as of November 8, 2008.
10. Pursuant to section 201(b) of the USCFTA Act, I
have determined that modifications hereinafter
proclaimed of rates of duties on originating goods of
Chile are necessary or appropriate to maintain the
general level of reciprocal and mutually advantageous
concessions with respect to Chile provided for by the
USCFTA and to carry out the agreement with Chile on an
accelerated schedule of duty elimination for specific
originating goods of Chile.
11. On May 18, 2004, the United States and Australia
entered into the United States-Australia Free Trade
Agreement (USAFTA). The Congress approved the USAFTA in
section 101(a) of the United States-Australia Free
Trade Agreement Implementation Act (the ``USAFTA Act'')
(19 U.S.C. 3805 note). In Proclamation 7857 of December
20, 2004, I proclaimed the rules of origin called for
under the USAFTA.
12. Section 203(o) of the USAFTA Act authorizes the
President, subject to the consultation and layover
requirements of section 104 of the USAFTA Act, to
proclaim such modifications to the rules of origin as
are necessary to implement an agreement with Australia
pursuant to article 4.2.5 of the USAFTA.
13. On October 10, 2008, the United States entered into
an agreement with Australia pursuant to article 4.2.5
of the USAFTA to amend the USAFTA rule of origin for
certain yarns of viscose rayon fiber. The consultation
and layover requirements of section 104 of the USAFTA
Act with respect to the proposed modification of the
USAFTA rules of origin were satisfied as of December
24, 2008.
14. Section 604 of the Trade Act of 1974, as amended
(the ``1974 Act'') (19 U.S.C. 2483), authorizes the
President to embody in the HTS the substance of
relevant provisions of that Act, or other acts
affecting import treatment, and of actions taken
thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the
United States of America, acting under the authority
vested in me by the Constitution and the laws of the
United States of America, including section 4 of the
USIFTA Act, section 201(b) of the USCFTA Act, section
203(o) of the USAFTA Act, section 604 of the 1974 Act,
and section 301 of title 3, United States Code, do
proclaim that:
(1) In order to implement U.S. tariff commitments under
the 2004 Agreement through December 31, 2009, the HTS
is modified as provided in Annex I to this
proclamation.
(2)(a) The modifications to the HTS made by Annex I to
this proclamation shall be effective with respect to
goods that are the product of Israel and are entered,
or withdrawn from warehouse for consumption, on or
after January 1, 2009.
(b) The provisions of subchapter VIII of chapter 99 of the HTS, as
modified by Annex I to this proclamation, shall continue in effect through
December 31, 2009.
[[Page 613]]
(3) In order to provide for an accelerated schedule of
duty elimination for specific originating goods of
Chile, the tariff treatment set forth in the HTS is
modified as provided in Annex II to this proclamation.
(4) The modifications made to the HTS by Annex II to
this proclamation shall be effective with respect to
goods entered, or withdrawn from warehouse for
consumption, on or after January 1, 2009.
(5) In order to implement the agreement with Australia
to change the USAFTA rules of origin for certain yarns
of viscose rayon fiber, the HTS is modified as provided
in Annex III to this proclamation.
(6) The modifications made to the HTS by Annex III to
this proclamation shall enter into effect on the date
that the United States Trade Representative announces
in a notice published in the Federal Register that
Australia has completed its applicable domestic
procedures to give effect to the agreement to change
the USAFTA rules of origin for certain yarns of viscose
rayon fiber and shall be effective with respect to
originating goods of Australia entered, or withdrawn
from warehouse for consumption, on or after the date
indicated in the notice.
(7) 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
thirty-first day of December, in the year of our Lord
two thousand eight, and of the Independence of the
United States of America the two hundred and thirty-
third.
(Presidential Sig.)
Billing code 3195-W9-P
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[FR Doc. E9-115 Filed 1-6-09; 8:45 am]
Billing code 7020-02-C
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