Proclamation For Duty-Free Treatment for Certain Agricultural Products of Israel
(May 3, 2002)
By the President of the United States of America:
A Proclamation
1. On April 22, 1985, the United States 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
(the "FTA"), which the Congress approved in the United States-Israel
Free Trade Area Implementation Act of 1985 (the "FTA Act")
(19 U.S.C. 2112 Note).
2. On November 4, 1996, the United States entered into
an agreement with Israel concerning certain aspects of trade in agricultural
products, effective from December 4, 1996, through December 31, 2001
(the "1996 Agreement"), in order to maintain the general level
of reciprocal and mutually advantageous concessions with respect to
agricultural trade with Israel while acknowledging differing interpretations
regarding the meaning of certain rights and obligations in the FTA as
to such trade.
3. Section 4(b) of the FTA 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 FTA, 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 FTA.
4. Pursuant to section 4(b) of the FTA Act, President
Clinton issued Proclamation 6962 of December 2, 1996, to provide through
the close of December 31, 2001, access into the United States customs
territory for specified quantities of certain agricultural products
of Israel free of duty or certain fees or other import charges, consistent
with the 1996 Agreement.
5. On December 31, 2001, the United States entered
into an agreement with Israel to extend the 1996 Agreement through December
31, 2002, in order to allow for additional time to negotiate a successor
arrangement to the 1996 Agreement.
6. Pursuant to section 4(b) of the FTA 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 FTA, to provide through the close of December
31, 2002, duty-free treatment for specified quantities of certain agricultural
products of Israel.
7. Section 604 of the Trade Act of 1974 (19 U.S.C.
2483) (the "Trade Act") authorizes the President to embody
in the Harmonized Tariff Schedule of the United States (HTS) the substance
of the relevant provisions of 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.
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, including section
4 of the FTA Act and section 604 of the Trade Act, do hereby proclaim:
(1) In order to implement U.S. commitments under the
1996 Agreement as extended through December 31, 2002, and, in particular,
to provide duty-free treatment for specified quantities of certain agricultural
products of Israel, subchapter VIII of chapter 99 of the HTS is modified
as provided in the Annex to this proclamation.
(2) 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.
(3)(a) The modifications to the HTS made by the Annex
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, 2002, including entries for which
the liquidation of duties has not become final under section 514 of
the Tariff Act of 1930, as amended (19 U.S.C. 1514).
(b) The provisions of subchapter VIII of chapter 99
of the HTS, as modified by the Annex to this proclamation, shall continue
in effect through the close of December 31, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand this
third day of May, in the year of our Lord two thousand two, and of the
Independence of the United States of America the two hundred and twenty-sixth.
George W. Bush
Modifications to Subchapter VIII of Chapter 99 of the
Harmonized Tariff Schedule of the United States
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, 2002, and through the close of December 31, 2002,
subchapter VIII of chapter 99 of the HTS is modified as provided herein:
1. U.S. note 1 to such subchapter is modified by striking
"December 31, 2001," and by inserting in lieu thereof "December
31, 2002,".
2. U.S. note 3 is modified by inserting at the end
of the table therein the following additional applicable time period
and quantity: "Calendar year 2002 . . . . . 383,000".
3. U.S. note 4 is modified by inserting at the end
of the table therein the following additional applicable time period
and quantity: "Calendar year 2002 . . . . . 1,160,000".
4. U.S. note 5 is modified by inserting at the end
of the table therein the following additional applicable time period
and quantity: "Calendar year 2002 . . . . . 1,279,000".
5. U.S. note 6 is modified by inserting at the end
of the table therein the following additional applicable time period
and quantity: "Calendar year 2002 . . . . . 116,000".
6. U.S. note 7 is modified by inserting at the end
of the table therein the following additional applicable time period
and quantity: "Calendar year 2002 . . . . . 405,317".
Sources: Public Papers of the President |