ExecutiveOrdersEO
Proc 9813ProclamationTrump 45 · R

Proclamation 9813

To Modify the List of Products Eligible for Duty- Free Treatment Under the Generalized System of Preferences

This proclamation modifies U.S. tariff treatment under the Generalized System of Preferences (GSP) by withdrawing duty-free treatment for certain articles from specific beneficiary developing countries that exceeded competitive-need limitations in 2017, waiving competitive-need limitations for other articles and countries, and redesignating one country as a beneficiary for a specific article. The changes take effect November 1, 2018.

Federal Register Open PDF 83 FR 54853

Impact dates

  1. HTS modifications effective for articles entered for consumption or withdrawn from warehouse

Key directives

  • Modify HTS Rates of Duty 1-Special subcolumn and general note 4(d) to withdraw beneficiary developing country status for certain articles (Annex I, sections A-D)
  • Modify HTS to redesignate certain article as eligible for GSP (Annex I, sections E-F)
  • Waive competitive-need limitations for eligible articles from specified beneficiary developing countries (Annex II)
  • Effective date: November 1, 2018 at 12:01 a.m. EDT for articles entered or withdrawn from warehouse for consumption
  • Supersede inconsistent provisions of previous proclamations and Executive Orders

Timeline

Immediate

  • Modifications to HTS subheadings and general note 4(d) proclaimed
  • Supersession of inconsistent prior proclamations and Executive Orders

Near term (90d)

  • Duty-free withdrawals and waivers take effect November 1, 2018

Long term

  • Ongoing GSP eligibility determinations for affected countries
  • Potential for redesignation if competitive-need limits not exceeded in future years

Risks & tensions

  • Specific countries and HTS subheadings are referenced in annexes not included in the text, creating uncertainty about precise scope
  • Competitive-need limitation waivers based on USITC advice may face domestic industry opposition if economic conditions change
  • Supersession clause may create compliance uncertainty for importers relying on prior proclamations
Proclamation 9813: To Modify the List of Products Eligible for Duty- Free Treatment Under the Generalized System of Preferences · Executive Orders