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A proclamation to take certain actions under AGOA and for other purposes [Burkina Faso]

A proclamation to take certain actions under AGOA and for other purposes [Burkina Faso]
Published date:
Friday, 23 December 2022

(1) In Proclamation 7853 of December 10, 2004, the President designated Burkina Faso as a beneficiary sub-Saharan African country for purposes of section 506A(a)(1) of the Trade Act of 1974, as amended (the “Trade Act”), as added by section 111(a) of the African Growth and Opportunity Act (the “AGOA”) (title I of Public Law 106-200, 114 Stat. 251, 257-58 (19 U.S.C. 2466a(a)(1))).

(2) Section 506A(a)(3) of the Trade Act (19 U.S.C. 2466a(a)(3)) provides that the President shall terminate the designation of a country as a beneficiary sub-Saharan African country for purposes of section 506A if the President determines that the country is not making continual progress in meeting the requirements described in section 506A(a)(1) of the Trade Act.

(3) Pursuant to section 506A(a)(3) of the Trade Act, I have determined that Burkina Faso does not meet the requirements described in section 506A(a)(1) of that Act. Accordingly, I have decided to terminate the designation of Burkina Faso as a beneficiary sub-Saharan African country for purposes of section 506A of the Trade Act, effective January 1, 2023.

........

NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 111(a) of the AGOA, sections 506A(a)(1) and 506A(a)(3) of the Trade Act, section 4(b) of the USIFTA Implementation Act, and section 604 of the Trade Act, as amended, do proclaim that:

(1) The designation of Burkina Faso as a beneficiary sub-Saharan African country for purposes of section 506A of the Trade Act is terminated, effective January 1, 2023.

(2) In order to reflect in the HTS that beginning January 1, 2023, Burkina Faso shall no longer be designated as a beneficiary sub-Saharan African country, general note 16(a) to the HTS is modified by deleting “Burkina Faso” from the list of beneficiary sub-Saharan African countries. Note 7(a) to subchapter II and note 1 to subchapter XIX of chapter 98 of the HTS are each modified by deleting “Burkina Faso,” from the list of beneficiary countries. Further, note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by deleting “Burkina Faso;” from the list of lesser developed beneficiary sub-Saharan African countries.

(3) The modifications to the HTS set forth in paragraphs (1) through (2) of this proclamation shall be effective with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after January 1, 2023.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of December, in the year of our Lord two thousand twenty-two, and of the Independence of the United States of America the two hundred and forty-seventh. 

JOSEPH R. BIDEN JR.

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