Proclamation 9887-To Modify the List of Beneficiary Developing Countries Under the Trade Act of 1974
Issued 2019-05-16 by Donald J. Trump
Plain-English Overview
AI-generated summary explaining what this action does, who it affects, and why it matters
President Trump issued this proclamation to remove Turkey from a special trade program called the Generalized System of Preferences (GSP). This program, created by Congress in the Trade Act of 1974, allows developing countries to send certain goods to the United States without paying import taxes (duties). Turkey had been part of this program since 1975, but this proclamation ended that status effective May 17, 2019.
The proclamation states that the decision was based on Turkey's level of economic development, which the law requires the President to consider when determining whether a country should remain a beneficiary developing country. The proclamation also notes that Turkey will no longer qualify for exemptions from certain protective tariffs on solar cells and large residential washers that had been put in place in 2018. Those tariffs exempted developing countries whose imports made up less than 3 percent of the total.
This action affects American businesses that import goods from Turkey and Turkish exporters who sell to the United States. Products from Turkey that previously entered duty-free under GSP will now face regular import taxes. The President notified Congress and Turkey of this decision 60 days in advance, as required by the Trade Act of 1974.
AI-generated summary for educational purposes
Constitutional Analysis
How this action fits (or doesn't) within Article II authority and existing law
This proclamation issues "Proclamation 9887-To Modify the List of Beneficiary Developing Countries Under the Trade Act of 1974". The stated purpose: "increased imports of articles that are a substantial cause of serious injury to a domestic industry producing like or directly competitive products." Presidents have issued proclamations since George Washington, and they carry the force of law when grounded in specific statutory authority delegated by Congress. Proclamations can be ceremonial (expressing national sentiment) or substantive (exercising delegated trade, immigration, or emergency powers).
The legal weight of this proclamation depends on the specific statutory authority it invokes. Without statutory backing, a proclamation is merely an expression of executive policy with no binding legal effect on citizens. With statutory backing, it can create enforceable rules — but those rules must stay within the scope of what Congress authorized.
Official Summary
Administration of Donald J. Trump, 2019 Proclamation 9887—To Modify the List of Beneficiary Developing Countries Under the Trade Act of 1974 May 16, 2019 By the President of the United States of America A Proclamation 1. In Executive Order 11888 of November 24, 1975, the President designated Turkey as a beneficiary developing country for purposes of the Generalized System of Preferences (GSP) (19 U.S.C. 2461 et seq .). 2. Pursuant to section 502(d)(1) of the Trade Act of 1974, as amended (the "1974 Act") (19 U.S.C. 2462(d)(1)), the President may withdraw, suspend, or limit the application of the duty-free treatment accorded under the GSP with respect to any beneficiary developing country. In taking any action under section 502(d)(1) of the 1974 Act, the President shall consider the factors set forth in sections 501 and 502(c) of the 1974 Act (19 U.S.C. 2461 and 2462(c)). 3. Section 502(c)(2) of the 1974 Act (19 U.S.C. 2462(c)(2)) provides that, in determining whether to designate any country as a beneficiary developing country, the President shall take into account, among other factors, the level of economic development of such country, including its per capita gross national product, the living standards of its inhabitants,