On December 21, 2018, the President signed the Presidential Proclamation to Take Certain Actions Under the African Growth and Opportunity Act and for Other Purposes (not yet published in the Federal Register). The Proclamation:

  • Terminates the designation of Mauritania as a beneficiary sub‑Saharan African country for purposes of section 506A of the Trade Act of 1974, as amended (the “Trade Act”), effective January 1, 2019, and deletes “Islamic Republic of Mauritania” from the list of beneficiary sub-Saharan African countries in general note 16(a) to the Harmonized Tariff Schedule of the United States (“HTS”). The modification to the HTS set forth above shall be effective with respect to articles that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2019.
  • Modifies the HTS as provided in Annex I in the proclamation in order to implement United States tariff commitments under the 2004 Agreement with Israel on agricultural products through December 31, 2019. The modifications to the HTS set forth in Annex I shall be effective with respect to eligible agricultural products of Israel that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2019. The provisions of subchapter VIII of chapter 99 of the HTS, as modified by Annex I of the proclamation, shall continue in effect through December 31, 2019.
  • Modifies the HTS by adding “Nepal Preference Program………NP” after “United States–Panama Trade Promotion Agreement Implementation Act………PA” in general note 3(c)(i). Section 915(b) of the Trade Facilitation and Trade Enforcement Act of 2015 (the “TFTEA”) authorizes the President to grant preference to products originating in Nepal. The modification set forth in this paragraph shall be effective with respect to goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2019, and shall continue in effect through December 31, 2025.
  • Modifies the HTS by deleting “heading 6205 or 6206” and by inserting in lieu thereof “heading 6205, 6206, or 6211” in U.S. note 41 to subchapter XXII of chapter 98, in order to provide for previously proclaimed duty‑free treatment for originating guayabera-style shirts under the PATPA,. The modification set forth in this paragraph shall be effective with respect to goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2019.
  • Modifies additional U.S. note 5(a) to chapter 24 by deleting “2403.11.00”, in order to correct a technical error in the administration of a tobacco tariff-rate quota. The modification set forth in this paragraph shall be effective with respect to goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2019.
  • Modifies U.S. note 20(f) to subchapter III of chapter 99 of the HTS by deleting “2009.89.60” and inserting “2009.89.65” and “2009.89.70” in numerical sequence, in order to maintain the scope of the modification of the Section 301 action, The modification set forth in this paragraph shall be effective with respect to goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after November 1, 2018.
  • Amends headings 9902.01.15, 9902.01.16, and 9902.01.17 of the HTS by deleting “subheading 2009.89.60” and inserting “subheading 2009.89.70” in lieu thereof, in order to reflect modifications to certain HTS subheadings made in Proclamation 9813 and to provide the intended tariff treatment under the Miscellaneous Tariff Bill of 2018, The modification set forth in this paragraph shall be effective with respect to goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after November 1, 2018.
  • Modifies the staging of duty treatment for specific goods of Korea under the terms of general note 33 to the HTS:

o the tariff treatment set forth in Proclamation 8783 with respect to subheadings 8704.21.00, 8704.22.50, 8704.23.00, 8704.31.00, 8704.32.00, and 8704.90.00 is terminated, effective with respect to goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2019;

o in the Rates of Duty 1–Special subcolumn of column 1 for subheadings 8704.21.00, 8704.22.50, 8704.23.00, 8704.31.00, 8704.32.00, and 8704.90.00, the rate of duty “25% (KR)” shall continue in effect through December 31, 2040; and

o effective with respect to goods that are entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2041, subheadings 8704.21.00, 8704.22.50, 8704.23.00, 8704.31.00, 8704.32.00, and 8704.90.00 are modified by inserting, in the Rates of Duty 1-Special subcolumn of column 1 in the parenthetical expression following the “Free” rate of duty, the symbol “KR”.

  • Modifies the HTS as shown below 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 KORUS that are classifiable in the provisions modified by Annex III of Proclamation 9771 and entered for consumption, or withdrawn from warehouse for consumption, on or after each of the dates specified in Proclamation 9771:

o effective January 1, 2019, the rate of duty in the HTS set forth in the Rate of Duty 1–Special subcolumn for each of the HTS subheadings enumerated in Annex II of this proclamation shall be modified by inserting in such subcolumn for each subheading the rate of duty specified for such subheading in the table column “2019” before the symbol “KR” in parentheses; and

o 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.

  • Modifies general note 27 to the HTS as set forth in Annex III of the proclamation in order to implement agreed amendments to certain textile rules of origin under the US – Morocco FTA. The modifications set forth in Annex III shall enter into effect on the first day of the month following the date the United States Trade Representative announces in a notice published in the Federal Register that Morocco has completed its applicable domestic procedures to give effect to corresponding modifications to be applied to goods of the United States.