[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Presidential Documents]
[Pages 1007-1011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-110104]
[[Page 1005]]
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Part III
The President
_______________________________________________________________________
Proclamation 6763--To Implement the Trade Agreements Resulting From the
Uruguay Round of Multilateral Trade Negotiations, and for Other
Purposes
Presidential Documents
Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 /
Presidential Documents
____________________________________________________________________
Title 3--
The President
[[Page 1007]]
Proclamation 6763 of December 23, 1994
To Implement the Trade Agreements Resulting From
the Uruguay Round of Multilateral Trade Negotiations,
and for Other Purposes
By the President of the United States of America
A Proclamation
1. On April 15, 1994, the President entered into trade
agreements resulting from the Uruguay Round of
multilateral trade negotiations (``the Uruguay Round
Agreements''). In section 101(a) of the Uruguay Round
Agreements Act (``the URAA'') (Public Law 103-465; 108
Stat. 4809), the Congress approved the Uruguay Round
Agreements listed in section 101(d) of that Act.
2. (a) Sections 1102 (a) and (e) of the Omnibus Trade
and Competitiveness Act of 1988, as amended (``the 1988
Act'') (19 U.S.C. 2902 (a) and (e)), authorize the
President to proclaim such modification or continuance
of any existing duty, such continuance of existing
duty-free or excise treatment, or such additional
duties, as he determines to be required or appropriate
to carry out any trade agreements entered into under
those sections.
(b) Accordingly, I have determined that it is
required or appropriate in order to carry out the
Uruguay Round Agreements, which were entered into under
sections 1102 (a) and (e) of the 1988 Act (19 U.S.C.
2902 (a) and (e)), that I proclaim the modifications
and continuances of existing duties, duty-free
treatments, excise treatments, and additional duties
set forth in the Annex to this proclamation.
3. (a) Section 111(a) of the URAA authorizes the
President to proclaim such other modification of any
duty, such other staged rate reduction, or such other
additional duties beyond those authorized by section
1102 of the 1988 Act (19 U.S.C. 2902) as the President
determines to be necessary or appropriate to carry out
Schedule XX--United States of America, annexed to the
Marrakesh Protocol to the General Agreement on Tariffs
and Trade 1994 (``Schedule XX'').
(b) Accordingly, I have determined that it is
necessary or appropriate to carry out Schedule XX to
proclaim such other modifications of duties, such other
staged rate reductions, and such other additional
duties, beyond those authorized by section 1102 of the
1988 Act (19 U.S.C. 2902), as are set forth in the
Annex to this proclamation.
4. Section 111(d) of the URAA requires the President to
proclaim the rate of duty set forth in Column B of the
table set forth in that section as the column 2 rate of
duty for the subheading of the Harmonized Tariff
Schedule of the United States (``HTS'') that
corresponds to the subheading in Schedule XX listed in
Column A.
5. (a) Section 22(f) of the Agricultural Adjustment Act
(``the Adjustment Act'') (7 U.S.C. 624(f)), as amended
by section 401(a)(1) of the URAA, provides that, as of
the date of entry into force of the Agreement
Establishing the World Trade Organization (``the WTO
Agreement''), no quantitative limitation or fee shall
be imposed under that section with respect to any
article that is the product of a World Trade
Organization member, as defined in section 2(10) of the
URAA.
(b) Section 401(a)(2) of the URAA further provides
that, with respect to wheat, amended section 22(f) of
the Adjustment Act (7 U.S.C. 624(f))
[[Page 1008]] shall be effective on the later of the
date of entry into force of the WTO Agreement or
September 12, 1995.
(c) Accordingly, I have decided that it is
necessary to provide for the termination of all
quantitative limitations and fees previously proclaimed
under section 22 of the Adjustment Act (7 U.S.C. 624),
other than those for wheat, as provided in the Annex to
this proclamation.
6. (a) Section 404(a) of the URAA directs the President
to take such action as may be necessary in implementing
the tariff-rate quotas set out in Schedule XX to ensure
that imports of agricultural products do not disrupt
the orderly marketing of commodities in the United
States.
(b) Section 404(d)(3) of the URAA authorizes the
President to allocate the in-quota quantity of a
tariff-rate quota for any agricultural product among
supplying countries or customs areas and to modify any
allocation, as he determines appropriate.
(c) Section 404(d)(5) of the URAA authorizes the
President to proclaim additional U.S. note 3 to chapter
17 of the HTS, dealing with imports of sugar, together
with appropriate modifications thereto, to reflect
Schedule XX.
(d) Section 405 of the URAA directs the President
to cause to be published in the Federal Register the
list of special safeguard agricultural goods and, if
appropriate, to impose price-based or volume-based
safeguards with respect to such goods consistent with
Article 5 of the Agreement on Agriculture annexed to
the WTO Agreement, and authorizes the President to
exempt from any safeguard duty any goods originating in
a country that is a party to the North American Free
Trade Agreement (``the NAFTA'').
7. Presidential Proclamation No. 6641 of December 15,
1993, implemented the NAFTA with respect to the United
States and, pursuant to sections 201 and 202 of the
North American Free Trade Agreement Implementation Act
(``the NAFTA Act'') (19 U.S.C. 3331 and 3332),
incorporated in the HTS the tariff modifications and
rules of origin necessary or appropriate to carry out
or apply the NAFTA. Certain technical errors were made
in the Annexes to that proclamation. I have determined
that, in order to reflect accurately the intended
tariff treatment and rules of origin provided for in
the NAFTA, it is necessary to modify certain provisions
of the HTS, as set forth in the Annex to this
proclamation.
8. Presidential Proclamation No. 6455 of July 2, 1992,
implementing the Andean Trade Preference Act (``the
ATPA'') (19 U.S.C. 3201 et seq.), provided duty-free
entry for all eligible articles, and duty reductions
for certain other articles that are the product of any
designated beneficiary country under that Act. Through
technical error, the tariff treatment of ethyl alcohol,
ethyl tertiary-butyl ether, and mixtures containing
these products was incompletely stated. Accordingly, I
have decided that it is appropriate to modify the
provisions of subchapter I of chapter 99 of the HTS to
provide fully for the tariff treatment of such products
under the ATPA.
9. Section 242 of the Compact of Free Association
(``the Compact'') between the United States and Palau
provides that, upon implementation of the Compact, the
President shall proclaim duty-free entry for most
products of designated freely associated states. Such
duty-free treatment, pursuant to the Compact of Free
Association Approval Act (``the Compact Act'') (Public
Law 99-658; 100 Stat. 3672, 48 U.S.C. 1681 note), is
subject to the limitations of section 201 of the
Compact Act and sections 503(b) and 504(c) of the Trade
Act of 1974 (``the 1974 Act'') (19 U.S.C. 2463(b) and
2464(c)). In Presidential Proclamation No. 6726 of
September 27, 1994, I proclaimed that the Compact would
enter into force on October 1, 1994. In order to accord
such duty-free treatment to products of Palau, I have
decided that it is necessary and appropriate to modify
general note 10 to the HTS to designate the Republic of
Palau as a freely associated state. Further, I have
decided that it is appropriate to modify general note
4(a) to the HTS, which enumerates designated
beneficiary countries for purposes [[Page 1009]] of the
Generalized System of Preferences, to delete Palau from
the list of non-independent countries and territories.
10. Presidential Proclamation No. 5759 of December 24,
1987, imposed increased rates of duty on certain
products of the European Community (``EC''), in
response to the EC's implementation of the Council
Directive Prohibiting the Use in Livestock Farming of
Certain Substances Having a Hormonal Action. Austria,
Finland, and Sweden have indicated that they will
become member states of the EC on January 1, 1995.
Accordingly, to clarify that the increased rates of
duty imposed by Proclamation No. 5759 continue to apply
to the EC in its capacity as a foreign instrumentality,
it is necessary to amend the HTS to indicate that the
duties are to be imposed on products of the EC,
including products of all new and future member states,
and not just on products of countries that were members
of the EC in 1987 and that were listed in the HTS for
illustrative purposes.
11. Additional U.S. note 24 to chapter 4 of Schedule XX
provides for a delay in the effective date, or
prorating, of the expansion of tariff-rate quotas for
cheeses above the existing quota quantities provided
for in subchapter IV of chapter 99 of the HTS that will
result from the implementation of United States
commitments under the Uruguay Round Agreements, in the
case of countries or areas that implement their market
access commitments on a date later than the effective
date of Schedule XX. The current members of the
European Community (Belgium, Denmark, France, the
Federal Republic of Germany, Greece, Ireland, Italy,
Luxembourg, the Netherlands, Portugal, Spain, and the
United Kingdom), Austria, Poland, Sweden, and
Switzerland all have indicated their intention not to
implement their market access commitments until July 1,
1995. Accordingly, I have determined, pursuant to my
authority under sections 111 (a) and (b) of the URAA
and section 1102 of the 1988 Act (19 U.S.C. 2902), that
it is appropriate not to make available the amounts
specified in section K of the Annex to this
proclamation until July 1, 1995.
12. Section 604 of the 1974 Act (19 U.S.C. 2483)
authorizes the President to embody in the HTS the
substance of the relevant provisions of that Act, of
other acts affecting import treatment, and actions
thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other
import restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the
United States of America, acting under the authority
vested in me by the Constitution and the laws of the
United States of America, including but not limited to
section 604 of the 1974 Act (19 U.S.C. 2483), section
1102 of the 1988 Act (19 U.S.C. 2902), sections 201 and
202 of the NAFTA Act (19 U.S.C. 3331 and 3332), and
title I and title IV of the URAA, do hereby proclaim:
(1) In order to provide generally for the tariff
treatment being accorded under the Uruguay Round
Agreements, including the modification or continuance
of existing duties or other import restrictions and the
continuance of existing duty-free or excise treatment
provided for in Schedule XX, the URAA, and the other
authorities cited in this proclamation, including the
termination of quantitative limitations and fees
previously imposed under section 22 of the Adjustment
Act (7 U.S.C. 624), the HTS is modified as set forth in
the Annex to this proclamation.
(2)(a) The modifications to the HTS made by sections A
(except with respect to paragraphs thereof specifying
other effective dates), C, E, and IJ of the Annex to
this proclamation shall be effective with respect to
goods entered, or withdrawn from warehouse for
consumption, on and after January 1, 1995;
(b) The modifications to the HTS made by sections
B, D(1)-(5), F, G, H, and L of the Annex to this
proclamation, and by those paragraphs of section A
specifying effective dates other than January 1, 1995,
shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on and after
the dates set forth in such sections of the Annex;
[[Page 1010]]
(c) The modifications to the HTS made by section
D(6) of the Annex to this proclamation shall be
effective with respect to goods entered, or withdrawn
from warehouse for consumption, on and after the dates
set forth in such section, unless the United States
Trade Representative (USTR) announces that the
scheduled staged duty reductions set forth in such
Annex section are being withheld because other major
countries have not afforded adequate entity coverage
under the Agreement on Government Procurement annexed
to the WTO Agreement, and so advises the Secretary of
the Treasury and publishes this information in a notice
in the Federal Register;
(d) The modifications to the HTS made by section
D(7) of the Annex to this proclamation shall be
effective with respect to goods entered, or withdrawn
from warehouse for consumption, on and after the date
announced by the USTR in a notice published in the
Federal Register as the date on which other major
countries have afforded adequate entity coverage under
the Agreement on Government Procurement annexed to the
WTO Agreement; and
(e) Section K of the Annex to this proclamation,
providing for a delay in implementation of the
expansion of tariff-rate quotas of cheeses, applies
during the period January 1, 1995, through June 30,
1995, unless the USTR determines that it is in the
interest of the United States for any such delays to
apply to a different period and publishes notice of the
determination and applicable period in the Federal
Register. The USTR also is authorized to prorate over
the applicable period any of the quantities that may be
imported.
(3) The USTR is authorized to exercise my authority
under section 404(d)(3) of the URAA to allocate the in-
quota quantity of a tariff-rate quota for any
agricultural product among supplying countries or
customs areas and to modify any allocation as the USTR
determines appropriate.
(4) The Secretary of Agriculture is authorized to
exercise my authority to make determinations under
section 405(a) of the URAA and to publish those
determinations in the Federal Register.
(5) Effective January 1, 1995, in order to clarify that
the additional duty provided for in subheadings
9903.23.00 through 9903.23.35, inclusive, of the HTS
shall apply to new member states of the European
Community, the superior text to those subheadings is
modified as provided in the Annex to this proclamation.
The USTR is authorized to alter the application of the
increased duties imposed by Presidential Proclamation
No. 5759, as modified herein, by further modifying the
superior text to those subheadings so that it reflects
accurately all member states of the European Community
or any successor organization. Notice of any such
modification shall be published in the Federal
Register.
(6) Whenever the rate of duty in the general subcolumn
of rates of duty column 1 of the HTS is reduced to
``Free'', all rates of duty set forth in the special
subcolumn of column 1 shall be deleted from the HTS.
(7) The USTR, the Secretary of Agriculture, and the
Secretary of the Treasury are authorized to exercise my
authority under the statutes cited in this proclamation
to perform certain functions to implement this
proclamation, as assigned to them in the Annex to this
proclamation.
(8) Paragraphs (1)-(4), (6), and (7) shall be effective
on January 1, 1995, unless the USTR announces prior to
that date that the WTO Agreement will not enter into
force on that date. [[Page 1011]]
(9) All 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.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-third day of December, in the year of our Lord
nineteen hundred and ninety-four, and of the
Independence of the United States of America the two
hundred and nineteenth.
(Presidential Sig.)>
Billing Code 3195-01-P
