United States Statutes at Large, Volume 134, 116th Congress, 2nd Session

[United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
Proclamation 10053 of June 29, 2020
To Take Certain Actions Under the United States-Mexico-Canada Agreement
Implementation Act and for Other Purposes
By the President of the United States of America
A Proclamation
1. On November 30, 2018, the United States, Mexico, and Canada entered
into the Agreement between the United States of America, the United
Mexican States, and Canada (the ``USMCA'';), attached as an Annex to the
Protocol Replacing the North American Free Trade Agreement with the
Agreement between the United States of America, the United Mexican
States, and Canada (the ``Protocol'';), and on December 10, 2019, the
United States, Mexico, and Canada amended the USMCA through the Protocol
of Amendment to the Agreement between the United States of America, the
United Mexican States, and Canada. The Congress approved the Protocol
and the USMCA, as amended, in section 101(a) of the United States-
Mexico-Canada Agreement Implementation Act (the ``USMCA Implementation
Act'';)(Public Law 116-113, 134 Stat. 11, 14 (19 U.S.C. 4511(a))).
2. On April 24, 2020, pursuant to authority delegated to the United
States Trade Representative (USTR), the USTR submitted to the Congress
the written notice required under section 106(a)(1)(G) of the Bipartisan
Congressional Trade Priorities and Accountability Act of 2015 (title I
of Public Law 114-26, 129 Stat. 319, 350 (19 U.S.C. 4205(a)(1)(G))) and,
in accordance with section 101(b) of the USMCA Implementation Act,
notified the Congress that the USMCA will enter into force on July 1,
2020.
3. Section 103(c)(1) of the USMCA Implementation Act authorizes the
President to proclaim such modifications or continuation of any duty,


[[Page 5299]]


such continuation of duty-free or excise treatment, or such additional
duties, as the President determines to be necessary or appropriate to
carry out or apply articles 2.4, 2.5, 2.7, 2.8, 2.9, 2.10, 6.2, and 6.3,
the Schedule of the United States to Annex 2-B, including the appendices
to that Annex, Annex 2-C, and Annex 6-A of the USMCA.
4. Section 103(c)(4) of the USMCA Implementation Act requires the
President to take such actions as may be necessary in implementing the
tariff-rate quotas set forth in the Schedule of the United States to
Annex 2-B of the USMCA to ensure that imports of agricultural goods do
not disrupt the orderly marketing of agricultural goods in the United
States.
5. Section 103(c)(5)(A) of the USMCA Implementation Act authorizes the
President to proclaim, as part of the Harmonized Tariff Schedule



of the United States (HTS), the provisions set forth in Annex 4-B; the
provisions set forth in paragraph 2 of article 3.A.6 of Annex 3-A; the
provisions set forth in paragraph 5 of Annex 3-B; and the provisions set
forth in paragraphs 14(b), 14(c), and 15(e) of section B of Appendix 2
to Annex 2-B of the USMCA.
6. Section 103(c)(5)(A) of the USMCA Implementation Act also authorizes
the President to proclaim any additional subordinate category that is
necessary to carry out section 202 and section 202A of the USMCA
Implementation Act consistent with the USMCA.
7. Section 103(c)(5)(B) of the USMCA Implementation Act authorizes the
President to proclaim modifications to the provisions proclaimed under
the authority of section 103(c)(5)(A), subject to the consultation and
layover provisions of section 104, as are necessary to implement an
agreement under article 6.4 of the USMCA.
8. Section 105(a) of the USMCA Implementation Act authorizes the
President to establish or designate within the Department of Commerce an
office to serve as the United States Section of the Secretariat
established under article 30.6 of the USMCA.
9. Section 202 of the USMCA Implementation Act sets forth certain rules
for determining whether a good is an originating good for purposes of
implementing preferential tariff treatment provided for under the USMCA.
Section 202A of the USMCA Implementation Act sets forth certain rules
for determining whether certain automotive goods are originating goods
for purposes of implementing preferential tariff treatment provided for
under the USMCA. I have decided that it is necessary to include the
rules of origin set forth in sections 202 and 202A of the USMCA
Implementation Act in the HTS.
10. Section 207 of the USMCA Implementation Act authorizes the President
to take certain actions relating to trade with Canada and Mexico,
including with respect to textile and apparel goods.
11. Executive Order 11651 of March 3, 1972 (Textile Trade Agreements),
as amended, established the Committee for Implementation of Textile
Agreements (CITA), consisting of representatives of the Departments of
State, the Treasury, Commerce, and Labor, and the Office of the USTR,
with the representative of the Department of Commerce as Chairman, to
supervise the implementation of textile trade agreements. Consistent
with section 301 of title 3, United States Code, when carrying out
functions vested in the President by statute and assigned by the
President to the CITA, the officials collectively exercising those


[[Page 5300]]


functions are all to be officers required to be appointed by the
President with the advice and consent of the Senate.
12. Section 324 of the USMCA Implementation Act authorizes the President
to take certain actions if the United States International Trade
Commission (the ``Commission'';) finds that United States long-haul
trucking services are being, or are threatened with being, materially
harmed.
13. Section 611(a) of the USMCA Implementation Act requires the
President to consult with the appropriate congressional committees and
stakeholders before each joint review under article 34.7 of the USMCA.



14. Section 1206(a) of the Omnibus Trade and Competitiveness Act of 1988
(the ``1988 Act'';) (Public Law 100-418, 102 Stat. 1107, 1151 (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 (19 U.S.C. 3005) if the President determines that the
modifications are in conformity with United States obligations under the
International Convention on the Harmonized Commodity Description and
Coding System (the ``Convention'';) and do not run counter to the
national economic interest of the United States.
15. In Proclamation 9549 of December 1, 2016, pursuant to section
1206(a) of the 1988 Act, the President proclaimed modifications to the
HTS to conform it to the Convention, to promote the uniform application
of the Convention, to establish additional subordinate tariff
categories, and to make technical and conforming changes to existing
provisions. These modifications to the HTS were set forth in Annex I of
Publication 4653 of the Commission, which was incorporated by reference
into the proclamation.
16. On May 6, 2003, the President entered into the United States-
Singapore Free Trade Agreement (the ``USSFTA'';). The USSFTA was
approved by the Congress in section 101(a) of the United States-
Singapore Free Trade Agreement Implementation Act (the ``USSFTA Act'';)
(Public Law 108-78, 117 Stat. 948, 949 (19 U.S.C. 3805 note)).
17. Proclamation 7747 of December 30, 2003, implemented the USSFTA with
respect to the United States and, pursuant to the USSFTA Act,
incorporated in the HTS the schedule of duty reductions and rules of
origin necessary or appropriate to carry out the USSFTA.
18. Section 201 of the USSFTA Act authorizes the President to proclaim
such modifications or continuation of any duty, such continuation of
duty-free or excise treatment, or such additional duties, as the
President determines to be necessary or appropriate to carry out or
apply articles 2.2, 2.5, 2.6, and 2.12 and Annex 2B (including the
schedule of United States duty reductions with respect to originating
goods) of the USSFTA. The United States and Singapore are parties to the
Convention.
19. I have determined that, pursuant to section 201 of the USSFTA Act
and section 1206(a) of the 1988 Act, modifications to the HTS are
necessary or appropriate to ensure the continuation of tariff and
certain other treatment accorded to originating goods under tariff
categories modified in Proclamation 9549 and to carry out the duty
reductions proclaimed in Proclamation 7747.


[[Page 5301]]

20. On November 22, 2006, the United States entered into the United
States-Colombia Trade Promotion Agreement (the ``USCTPA'';), and on June
28, 2007, the United States and Colombia amended the USCTPA. The
Congress approved the USCTPA, as amended, in section 101(a) of the
United States-Colombia Trade Promotion Agreement Implementation Act (the
``USCTPA Act'';) (Public Law 112-42, 125 Stat. 462, 463-64 (19 U.S.C.
3805 note)).
21. Proclamation 8818 of May 14, 2012, implemented the USCTPA with
respect to the United States and, pursuant to sections 201(a) and 203(o)
of the USCTPA Act, incorporated in the HTS the schedule of duty
reductions and rules of origin necessary or appropriate to carry out the
USCTPA.



22. Section 201 of the USCTPA Act authorizes the President to proclaim
such modifications or continuation of any duty, such continuation of
duty-free or excise treatment, or such additional duties, as the
President determines to be necessary or appropriate to carry out or
apply articles 2.3, 2.5, 2.6, and 3.1.13, and Annex 2.3 (including the
schedule of United States duty reductions with respect to originating
goods) of the USCTPA. The United States and Colombia are parties to the
Convention.
23. I have determined that, pursuant to section 201 of the USCTPA Act
and section 1206(a) of the 1988 Act, modifications to the HTS are
necessary or appropriate to ensure the continuation of tariff and
certain other treatment accorded to originating goods under tariff
categories modified in Proclamation 9549 and to carry out the duty
reductions proclaimed in Proclamation 8818.
24. Section 203 of the USCTPA Act provides rules for determining whether
goods imported into the United States originate in the territory of a
party to the USCTPA and thus are eligible for the tariff and other
treatment contemplated under the USCTPA. A rule of origin was
inadvertently omitted from general note 34 to the HTS in Proclamation
8818. I have determined that a technical correction to general note 34
to the HTS is necessary to provide for the intended tariff and certain
other treatment accorded under the USCTPA to originating goods of
Colombia.
25. On June 30, 2007, the United States entered into the United States-
Korea Free Trade Agreement (the ``KORUS'';). The Congress approved the
KORUS in section 101(a) of the United States-Korea Free Trade Agreement
Implementation Act (the ``KORUS Act'';) (Public Law 112-41, 125 Stat.
428, 430 (19 U.S.C. 3805 note)).
26. Proclamation 8783 of March 6, 2012, implemented the KORUS with
respect to the United States and, pursuant to sections 201(a) and 202(o)
of the KORUS Act, incorporated in the HTS the tariff modifications and
rules of origin necessary or appropriate to carry out the KORUS.
27. Section 202 of the KORUS Act provides rules for determining whether
goods imported into the United States originate in the territory of a
party to the KORUS and thus are eligible for the tariff and other
treatment contemplated under the KORUS. Section 202(o)(2)(B)(i) of the
KORUS Act authorizes the President to proclaim, as a part of the HTS,
the rules of origin set forth in the KORUS, and, subject to the


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consultation and layover requirements of section 104, to proclaim
modifications to such previously proclaimed rules of origin.
28. The United States and Korea have agreed to modify a certain rule of
origin under the KORUS and to apply the modified rule to their bilateral
trade. On August 14, 2019, in accordance with section 104 of the KORUS
Act, the USTR submitted a report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives that sets forth the proposed modification to the
specific textile rule of origin of the KORUS incorporated in the HTS.
The consultation and layover period specified in section 104 expired on
October 14, 2019.



29. In order to reflect the agreement between the United States and
Korea related to the KORUS rules of origin, I have determined that it is
necessary to modify the HTS.
30. Proclamation 8783 inadvertently omitted a rule of origin from
general note 33 to the HTS. I have determined that a technical
correction to general note 33 to the HTS is necessary to provide for the
intended tariff and certain other treatment accorded under the KORUS to
originating goods of Korea.
31. On June 28, 2007, the United States entered into the United States-
Panama Trade Promotion Agreement (the ``USPATPA'';). The Congress
approved the USPATPA in section 101(a) of the United States-Panama Trade
Promotion Agreement Implementation Act (the ``USPATPA Act'';) (Public
Law 112-43, 125 Stat. 497, 498-99 (19 U.S.C. 3805 note)).
32. Proclamation 8894 of October 29, 2012, implemented the USPATPA with
respect to the United States, and, pursuant to sections 201(a) and
203(o) of the USPATPA Act, incorporated in the HTS the tariff
modifications and rules of origin necessary or appropriate to carry out
the USPATPA.
33. Section 203 of the USPATPA Act provides rules for determining
whether goods imported into the United States originate in the territory
of a party to the USPATPA and thus are eligible for the tariff and other
treatment contemplated under the USPATPA.
34. A rule of origin was inadvertently omitted from general note 35 to
the HTS in Proclamation 8894. I have determined that a technical
correction to general note 35 to the HTS is necessary to provide for the
intended tariff and certain other treatment accorded under the USPATPA
to originating goods of Panama.
35. In Proclamation 9955 of October 25, 2019, after considering the
factors set forth in sections 501 and 502(c) of the Trade Act of 1974,
as amended, (the ``1974 Act'';) (Public Law 93-618, 88 Stat. 1978, 2066-
69 (19 U.S.C. 2461 and 2462(c))), and in particular section 502(c)(7) of
the 1974 Act (19 U.S.C. 2462(c)(7)), I suspended the duty-free treatment
accorded under the Generalized System of Preferences (GSP) (19 U.S.C.
2461 et seq.) to certain eligible articles that are the product of
Thailand. In order to reflect in the HTS this suspension of certain
benefits under the GSP with respect to Thailand, Annex 2 of Proclamation
9955 modified general note 4(d) and certain subheadings of the HTS.
36. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the relevant provisions
of


[[Page 5303]]


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.
37. Annex 2 of Proclamation 9955 inadvertently omitted changes with
respect to seven subheadings of the HTS. I have determined, pursuant to
section 604 of the 1974 Act, that it is necessary to modify the HTS to
correct those inadvertent omissions so that the intended tariff
treatment is provided.
38. Proclamation 9466 of June 30, 2016, modified the HTS to provide for
the tariff treatment of goods covered by the 2015 World Trade
Organization Declaration on the Expansion of Trade in Information Tech-
nology Products, pursuant to section 111(b) of the Uruguay Round
Agreements Act (Public Law 103-465, 108 Stat. 4809, 4819-20 (19 U.S.C.
3521(b))). Proclamation 9466 modified the HTS in part by deleting all
rates of duty in the ``Rates of Duty 1-Special''; subcolumn for certain
subheadings.
39. In Proclamation 9687 of December 22, 2017, after considering the
factors set forth in section 502(b) of the 1974 Act (19 U.S.C. 2462(b)),
and in particular section 502(b)(2)(E) of the 1974 Act (19 U.S.C.
2462(b)(2)(E)), I terminated the suspension of Argentina's designation
as a GSP beneficiary developing country. In order to reflect in the HTS
the termination of the suspension of Argentina's designation as a GSP
beneficiary developing country, Annex IV of Proclamation 9687 modified
general note 4(d) and certain subheadings of the HTS.
40. In Proclamation 9687, after considering the factors set forth in
sections 501 and 502(c) of the 1974 Act, and in particular section
502(c)(5) of the 1974 Act (19 U.S.C. 2462(c)(5)), I suspended the duty-
free treatment accorded under the GSP to certain eligible articles that
are the product of Ukraine. In order to reflect in the HTS the
suspension of certain benefits with respect to Ukraine, Annex III of
Proclamation 9687 modified general note 4(d) and certain subheadings of
the HTS.
41. Proclamation 9687 inadvertently modified general note 4(d) to the
HTS to include certain subheadings for which the rates of duty in the
``Rates of Duty 1-Special''; subcolumn were deleted by Proclamation
9466. I have determined, pursuant to section 604 of the 1974 Act, that
it is necessary to modify the HTS to reflect the deletion of the rates
of duty in the ``Rates of Duty 1-Special''; column for those
subheadings.
NOW, THEREFORE, I, DONALD J. TRUMP, 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 sections 103(c),
105(a), 207, 324, and 611(a) of the USMCA Implementation Act; section
1206(a) of the 1988 Act; section 201 of the USSFTA Act; sections 201 and
203(o) of the USCTPA Act; sections 201 and 202(o) of the KORUS Act;
sections 201 and 203(o) of the USPATPA Act; section 604 of the 1974 Act;
and section 301 of title 3, United States Code, do proclaim that:
(1) In order to provide generally for the preferential tariff
treatment being accorded under the USMCA, to set forth rules for
determining whether goods imported into the customs territory of the
United States are eligible for preferential tariff treatment under the
USMCA, to pro-

[[Page 5304]]


vide tariff-rate quotas with respect to certain originating
goods of Canada, and to provide certain other treatment to originating
goods for purposes of the USMCA, the HTS is modified as set forth in
Annex I of Publication 5060 of the Commission, entitled ``Modifications
to the Harmonized Tariff Schedule of the United States to Implement the
United States-Mexico-Canada Agreement''; (Publication 5060). Publication
5060 is incorporated by reference into this proclamation.
(2) In order to implement the initial stage of duty reduction
provided for in the USMCA, to provide for future staged reductions in
duties for originating goods provided for in the USMCA, and to provide
tariff-rate quotas with respect to certain goods provided for in the
USMCA, the HTS is modified as set forth in Annex II of Publication 5060.



(3) The modifications to the HTS made by paragraphs (1) and (2) of
this proclamation shall enter into effect on the dates indicated in
Annexes I and II of Publication 5060.
(4) In order to reflect in the HTS the termination of tariff
treatment under the North American Free Trade Agreement, the HTS is
modified as set forth in Annex III of Publication 5060.
(5) The USTR is authorized to exercise my authority under section
103(c)(4) of the USMCA Implementation Act to take such action as may be
necessary in implementing the tariff-rate quotas set forth in the
Schedule of the United States to Annex 2-B of the USMCA to ensure that
imports of agricultural goods do not disrupt the orderly marketing of
agricultural goods in the United States. This action is set forth in
Annex II of Publication 5060.
(6) The CITA, after consultation with the Commissioner of U.S.
Customs and Border Protection (the ``Commissioner'';), is authorized to
consult with representatives of Canada and Mexico for the purpose of
identifying particular textile or apparel goods that are mutually agreed
to be hand-loomed fabrics of a cottage industry, hand-made cottage
industry goods made of those hand-loomed fabrics, traditional folklore
handicraft goods, or indigenous handicraft goods, as provided in article
6.2 of the USMCA. The CITA is authorized to exercise my authority under
section 103(c)(1) of the USMCA Implementation Act to provide duty-free
treatment with respect to a good provided for under article 6.2 of the
USMCA. The Commissioner shall take action as directed by the CITA to
carry out any such determination by the CITA.
(7) The USTR is authorized to fulfill the obligations of the
President under section 104 of the USMCA Implementation Act to obtain
advice from the appropriate advisory committees and the Commission on
the proposed implementation of an action by Presidential proclamation;
to submit a report on such proposed action to the appropriate
congressional committees; and to consult with those congressional
committees regarding the proposed action.
(8) The Secretary of Commerce is authorized to exercise the
authority of the President under section 105(a) of the USMCA
Implementation Act to establish or designate an office within the
Department of Commerce to carry out the functions set forth in that
section.
(9) The CITA is authorized to review requests for modifications to a
rule of origin for textile and apparel goods based on a change in the
availability in the territories of the United States, Canada, and Mexico
of a particular fiber, yarn, or fabric; to establish procedures
governing

[[Page 5305]]

such a request, providing that the person making the request
bears the burden of demonstrating that a change is warranted, and
ensuring appropriate public participation in review of a request; and to
make a recommendation as to whether a requested modification to a rule
of origin for a textile good based on a change in the availability of a
particular fiber, yarn, or fabric is warranted.
(10) The CITA is authorized to exercise my authority under section
207(a)(2)(B) of the USMCA Implementation Act to direct appropriate
action under section 207(a)(2)(D) with respect to textile and apparel
goods.



(11) The CITA is authorized to exercise my authority under section
207(a)(1)(B) of the UMSCA Implementation Act to direct action under
section 207(c) with respect to textile and apparel goods.
(12) The Secretary of the Treasury is authorized to exercise my
authority under section 207(a)(1)(B) of the USMCA Implementation Act to
direct action under section 207(a)(1)(B)(i) or section 207(c) with
respect to goods other than textile or apparel goods.
(13) The USTR is authorized, after consultation with the Secretary
of Transportation, to exercise my authority under section 324 of the
USMCA Implementation Act.
(14) The USTR is authorized to exercise the function assigned to the
President under section 611(a) of the USMCA Implementation Act to
consult with the appropriate congressional committees and stakeholders
regarding joint reviews under article 34.7 of the USMCA.
(15) In order to reflect in the HTS the modifications to the rules
of origin under the USSFTA, general note 25 to the HTS is modified as
set forth in Annex IV of Publication 5060.
(16) The modifications to the HTS made by paragraph (15) of this
proclamation shall enter into effect on the date indicated in Annex IV
of Publication 5060.
(17) In order to reflect in the HTS the modifications to the rules
of origin under the USCTPA, general note 34 to the HTS is modified as
set forth in Annex V of Publication 5060.
(18) The modifications to the HTS made by paragraph (17) of this
proclamation shall enter into effect on the date indicated in Annex V of
Publication 5060.
(19) In order to implement agreed amendments to a textile rule of
origin under the KORUS, general note 33 to the HTS is modified as set
forth in Annex VI of Publication 5060.
(20) The modifications to the HTS made by paragraph (19) of this
proclamation shall enter into effect on the date indicated in Annex VI
of Publication 5060.
(21) In order to make technical corrections necessary to provide the
intended rules of origin under the USCTPA, the KORUS, and the USPATPA,
the HTS is modified as set forth in Annex VII of Publication 5060.
(22) The modifications to the HTS made by paragraph (21) of this
proclamation shall enter into effect on the dates indicated in Annex VII
of Publication 5060.

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(23) In order to provide the intended tariff treatment with respect
to certain articles that are the product of Thailand, general note 4(d)
and pertinent subheadings of the HTS are modified as set forth in Annex
VIII of Publication 5060.
(24) The modifications to the HTS made by paragraph (23) of this
proclamation shall enter into effect on the date indicated in Annex VIII
of Publication 5060.
(25) In order to make technical corrections to reflect the rates of
duty in the ``Rates of Duty 1-Special''; subcolumn for certain
subheadings with respect to certain articles of Argentina and Ukraine,
general note



4(d) and pertinent subheadings of the HTS are modified as set forth in
Annex IX of Publication 5060.
(26) The modifications to the HTS made by paragraph (25) of this
proclamation shall enter into effect on the date indicated in Annex IX
of Publication 5060.
(27) 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 twenty-ninth day of
June, in the year of our Lord two thousand twenty, and of the
Independence of the United States of America the two hundred and forty-
fourth.
DONALD J. TRUMP