[Federal Register Volume 61, Number 212 (Thursday, October 31, 1996)]
[Presidential Documents]
[Pages 56385-56396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28233]
Presidential Documents
Federal Register / Vol. 61, No. 212 / Thursday, October 31, 1996 /
Presidential Documents
[[Page 56385]]
Proclamation 6948 of October 29, 1996
To Modify Provisions on Upland Cotton and for
Other Purposes
By the President of the United States of America
A Proclamation
1. (a) Presidential Proclamation 6301 of June 7, 1991,
implemented import quotas for upland cotton by adding
U.S. note 6 and subheadings 9903.52.01 through
9903.52.20 to subchapter III of chapter 99 of the
Harmonized Tariff Schedule of the United States (``the
HTS'').
(b) U.S. note 6(a) to subchapter III of chapter 99 of
the HTS provides that whenever the Secretary of
Agriculture (``the Secretary'') determines and
announces that specified conditions relating to the
price of upland cotton exist, there shall be in effect,
as of the effective date of such announcement, a
special import quota applicable to upland cotton
purchased not later than 90 days after the effective
date of the Secretary's announcement and entered into
the United States not later than 180 days after such
date. U.S. note 6(a) further provides that a new 180-
day quota period may be established that overlaps any
existing quota period announced under paragraph (a) of
the note, unless a quota period has been established
under paragraph (b) of the note.
(c) Subheadings 9903.52.01 through 9903.52.20 cover
entries of upland cotton under 20 consecutively
numbered announcements by the Secretary pursuant to
U.S. note 6(a). Thus, the 180-day effective period of a
special upland cotton import quota established under a
particular announcement may still be in effect when the
same announcement number may be assigned with respect
to a different but overlapping quota period.
(d) To avoid such overlap, and to permit the effective
administration of these quotas by the U.S. Customs
Service, I have decided that it is necessary and
appropriate to provide six additional HTS subheadings
corresponding to six additional announcements by the
Secretary.
2. (a) Presidential Proclamation 6641 of December 15,
1993, implemented the North American Free Trade
Agreement (``the NAFTA'') with respect to the United
States and incorporated in the HTS the tariff
modifications and rules of origin necessary or
appropriate to carry out the NAFTA.
(b) Article 303 of the NAFTA provides for the amount
of customs duties that may be claimed as drawback on
goods originating outside the NAFTA region that are
traded between the NAFTA Parties. Article 307.2 of the
NAFTA provides that each Party shall grant temporary
duty-free admission to specified goods when imported
from the territory of another Party, regardless of the
origin of such goods, for repair or alteration. Among
the modifications to the HTS set forth in Annex II to
Proclamation 6641 was a new paragraph (c) of U.S. note
1 to subchapter XIII of chapter 98 of the HTS, which
was intended to give effect to the provisions of
Articles 303 and 307.2 of the NAFTA insofar as they are
applicable to articles to be repaired, altered, or
processed that are admitted temporarily free of duty
under bond. Such new paragraph (c) does not reflect
clearly that the provisions of Article 307.2 of the
NAFTA apply to goods imported from a NAFTA Party,
regardless of their origin, for repair or alteration.
[[Page 56386]]
(c) Accordingly, I have decided that it is appropriate
to modify paragraph (c) of U.S. note 1 to subchapter
XIII of chapter 98 of the HTS to clarify implementation
of the provisions of Article 307.2 of the NAFTA.
(d) Certain provisions set forth in Annexes to
Proclamation 6641 contain technical errors in the
instructions for implementing particular modifications.
To clarify the intent of the modifications previously
proclaimed, I have decided to correct such technical
errors.
3. (a) Sections 1102(a) and (e) of the Omnibus Trade
and Competitiveness Act of 1988 (``the 1988 Act'') (19
U.S.C. 2902(a) and (e)) authorize the President to
enter into trade agreements and 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 such trade
agreement. In addition, section 111(a) of the Uruguay
Round Agreements Act (``the URAA'') (19 U.S.C. 3521(a))
authorizes the President to proclaim such other
modifications of any duty, such other staged rate
reduction, or such additional duties 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''). Presidential
Proclamation 6763 of December 23, 1994, implemented
with respect to the United States the trade agreements
resulting from the Uruguay Round of multilateral trade
negotiations, including Schedule XX.
(b) Certain provisions set forth in Annexes to
Proclamation 6763 contain technical errors in the
instructions for implementing particular modifications.
To clarify the intent of the modifications previously
proclaimed, I have decided to correct such technical
errors.
4.(a) Presidential Proclamation 6821 of September 12,
1995, established a tariff-rate quota on certain
tobacco and eliminated tariffs on certain other tobacco
by adding additional U.S. note 5 and various
subheadings to chapter 24 of the HTS. Additional U.S.
note 5 to chapter 24 of the HTS provides that the
tariff-rate quota applies to the aggregate quantity of
tobacco entered, or withdrawn from warehouse for
consumption, under enumerated HTS subheadings from
specified countries or areas, except that products of
Canada, Israel, or Mexico are not permitted or included
under such quantitative limitation. I intended that
tobacco entered with claims of eligibility for the
tariff treatment under any provision of chapter 98 of
the HTS and tobacco entered for marketing to the
ultimate consumer as hand-rolled cigarettes would not
be counted toward the in-quota quantity provided for in
additional U.S. note 5 of the HTS.
(b) I have decided, in order to clarify the status of
such importations with respect to the tariff-rate
quota, that it is appropriate to modify the provisions
of additional U.S. note 5 to chapter 24 of the HTS to
ensure that such goods are properly classified.
(c) Certain provisions of the HTS were modified in
Proclamation 6821 to correct certain technical errors
that were made in Proclamation 6763. However, an error
was made in the spelling of a chemical in Annex II to
Proclamation 6821, and I have decided to correct this
error.
5. (a) Presidential Proclamation 6857 of December 11,
1995, implemented with respect to the United States
modifications in the HTS that I determined were in
conformity with the obligations of the United States
under the International Convention on the Harmonized
Commodity Description and Coding System and did not run
counter to the national economic interest of the United
States.
(b) Such proclamation also modified the rules of
origin set out in the NAFTA in order to ensure that the
tariff and certain other treatment accorded under the
NAFTA would continue to be given to NAFTA originating
goods.
(c) Certain provisions set forth in Annexes to
Proclamation 6857 contain technical errors in the
instructions for implementing particular modifications.
[[Page 56387]]
To clarify the intent of the modifications previously
proclaimed, I have decided to correct such technical
errors.
6. Section 604 of the Trade Act of 1974, as amended
(``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, and 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, including but not limited to section 604
of the 1974 Act, sections 1102(a) and (e) and 1206(a)
of the 1988 Act, sections 201 and 202 of the North
American Free Trade Agreement Implementation Act (19
U.S.C. 3331 and 3332), sections 111(a) and 423 of the
URAA (19 U.S.C. 3521 and 3621), and section 136(b) of
the Federal Agriculture Improvement Act of 1996 (7
U.S.C. 7236) do proclaim that:
(1) Subheadings 9903.52.21 through 9903.52.26, as
set forth in Annex I to this proclamation, are hereby
inserted in numerical sequence in subchapter III of
chapter 99 of the HTS, and shall become effective with
respect to articles entered, or withdrawn from
warehouse for consumption, as of the dates and under
the terms that may be set forth in the Secretary's
special quota announcements pertaining to such
subheadings.
(2) In order to clarify the intent of modifications
previously proclaimed in certain Annexes to
Proclamations 6641, 6763, 6821, and 6857, the HTS and
the Annexes to such proclamations are modified as
provided in Annex II to this proclamation.
(3) The modifications made by the Annexes to this
proclamation shall be effective on the dates set forth
in such Annexes.
(4) Any provisions of previous proclamations and
Executive orders that are inconsistent with the actions
and provisions of this proclamation are hereby
superseded to the extent of such inconsistency.
(5) This proclamation shall be effective upon
publication in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-ninth day of October, in the year of our Lord
nineteen hundred and ninety-six, and of the
Independence of the United States of America the two
hundred and twenty-first.
(Presidential Sig.)
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[FR Doc. 96-28233
Filed 10-30-96; 11:53 am]
Billing code 3190-01-C
