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Proc 9466ProclamationObama · D Quiet signal

Proclamation 9466

To Implement the World Trade Organization Declaration on the Expansion of Trade in Information Technology Products and for Other Purposes

This proclamation implements the WTO's 2015 expansion of duty-free trade in information technology products by modifying the Harmonized Tariff Schedule, extends AGOA and related trade preference programs through September 30, 2025, and makes multiple adjustments to the Generalized System of Preferences including designations, competitive need limitation waivers, and terminations for certain beneficiary developing countries.

Federal Register Open PDF 81 FR 44129

Impact dates

  1. AGOA duty-free treatment expiration date

  2. regional apparel article program and third-country fabric program expiration date

  3. competitive need limitation disregard effective

Key directives

  • Modify HTS as set forth in Annexes I and II to eliminate duties on covered IT products
  • Modify general note 16(c) of HTS to extend AGOA duty-free treatment through September 30, 2025
  • Modify chapter 98, subchapter XIX, U.S. note 2 of HTS to extend AGOA apparel programs through September 30, 2025
  • Add special tariff treatment symbol 'D' in HTS per Annex III
  • Designate certain articles as GSP-eligible for least-developed countries per Annex IV
  • Designate certain articles as AGOA-eligible for sub-Saharan African countries per Annex IV
  • Terminate GSP duty-free treatment for certain articles from certain countries per Annex V
  • Disregard competitive need limitations for certain articles effective July 1, 2016 per Annex VI
  • Waive competitive need limitations for certain articles effective July 1, 2016 per Annex VII
  • Supersede inconsistent provisions of prior proclamations and Executive Orders

Timeline

Immediate

  • HTS modifications for IT products take effect
  • competitive need limitation waivers effective July 1, 2016
  • competitive need limitation disregard effective July 1, 2016

Near term (90d)

  • Annex V modifications effective on dates set forth therein for articles entered or withdrawn from warehouse

Long term

  • AGOA duty-free treatment extended through September 30, 2025
  • regional apparel and third-country fabric programs extended through September 30, 2025

Risks & tensions

  • Specific effective dates for Annex V terminations are delegated to the annex itself, creating implementation uncertainty without access to full annex text
  • Competitive need limitation waivers may create tension with domestic industries potentially adversely affected by increased imports
  • Supersession of prior proclamations and EOs without explicit enumeration creates potential legal ambiguity
Proclamation 9466: To Implement the World Trade Organization Declaration on the Expansion of Trade in Information Technology Products and for Other Purposes · Executive Orders