[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Presidential Documents]
[Pages 64431-64438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31005]
[[Page 64429]]
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Part IV
The President
_______________________________________________________________________
Proclamation 6961--To Facilitate Positive Adjustment to Competition
From Imports of Broom Corn Brooms
Memorandum of November 28, 1996--Action Under Section 203 of the Trade
Act of 1974 Concerning Broom Corn Brooms
Presidential Documents
Federal Register / Vol. 61, No. 234 / Wednesday, December 4, 1996 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 64431]]
Proclamation 6961 of November 28, 1996
To Facilitate Positive Adjustment to Competition
From
Imports of Broom Corn Brooms
By the President of the United States of America
A Proclamation
1. On July 2, 1996, the United States International
Trade Commission (``USITC'') made an affirmative
determination in its investigation under section 202 of
the Trade Act of 1974, as amended (``Trade Act'')(19
U.S.C. 2252), with respect to imports of broom corn
brooms provided for in heading 9603 of the Harmonized
Tariff Schedule of the United States (``HTS''). Under
section 202 of the Trade Act, the USITC determined that
such brooms are being imported into the United States
in such increased quantities as to be a substantial
cause of serious injury to the domestic industry
producing a like or directly competitive article.
Further, the USITC found, pursuant to section 311(a) of
the North American Free Trade Agreement Implementation
Act (``the NAFTA Implementation Act'')(19 U.S.C.
3371(a)), that imports of such brooms produced in
Mexico, considered individually, account for a
substantial share of total imports of broom corn brooms
and contribute importantly to the serious injury caused
by imports, but that such brooms produced in Canada do
not so account or contribute. The USITC's determination
and its recommendations to address the serious injury
were reported to me on August 1, 1996.
2. On August 30, 1996, I determined, pursuant to
section 312(a) of the NAFTA Implementation Act (19 USC
3372(a)), that imports of broom corn brooms from
Mexico, considered individually, account for a
substantial share of total imports and contribute
importantly to the serious injury caused by imports;
but that imports of broom corn brooms from Canada do
not so account or contribute. Acting pursuant to
section 203 of the Trade Act (19 U.S.C. 2253), I
determined to take appropriate and feasible action
within my power that will facilitate efforts by the
domestic industry to make a positive adjustment to
competition from imports of broom corn brooms. I
further determined that action would not be implemented
at that time and directed the United States Trade
Representative (``USTR'') to negotiate and conclude,
within 90 days, agreements pursuant to the terms of
section 203(a)(3)(E) of the Trade Act (19 U.S.C.
2253(a)(3)(E)) concerning broom corn brooms exported to
the United States, and to carry out any agreements
reached. Moreover, I determined that, not later than
the end of this 90-day period (November 28, 1996), I
would implement action of a type described in section
203(a)(3). Such negotiations were undertaken by the
USTR but have failed to achieve satisfactory agreements
concerning such brooms exported to the United States.
3. Pursuant to section 203 of the Trade Act (19 U.S.C.
2253), and after taking into account the considerations
specified in section 203(a)(2) of the Trade Act, I have
determined to implement action of a type described in
section 203(a)(3). Such action shall take the form of
an increase in, or imposition of, any duty on imported
brooms (except whisk brooms), wholly or in part of
broom corn and provided for in HTS subheading
9603.10.50 and, with respect to imports that exceed
certain specified annual levels, HTS subheading
9603.10.60. Such increase in, or imposition of, duty on
such goods shall be effective for a three-year period,
and shall apply to imports from all countries, except
Canada and Israel and developing
[[Page 64432]]
countries that account for less than three percent of
the relevant imports over a recent representative
period. Pursuant to section 203(a)(1)(A) of the Trade
Act (19 U.S.C. 2253(a)(1)(A)), I have further
determined that these actions will facilitate efforts
by the domestic industry to make a positive adjustment
to import competition and provide greater economic and
social benefits than costs.
4. Section 604 of the Trade Act, as amended (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 sections
203 and 604 of the Trade Act, do proclaim that:
(1) (a) In order to apply to specified broom corn
brooms (except whisk brooms) that are either produced
in Mexico or goods of Mexico under the terms of general
note 12 to the HTS for purposes of the NAFTA, or that
are products of countries other than Canada or Israel
and other than countries enumerated in general note
4(a) to the HTS as that note existed on November 28,
1996 (except as otherwise specified), the foregoing
goods classifiable under HTS subheading 9603.10.50,
rates of duty other than those specified for such
subheadings in the rates of duty column 1 of the HTS
during the three-year period beginning on the effective
date of this proclamation, the HTS is modified as
provided in section A of the Annex to this
proclamation.
(b) During the period from November 28, 1996,
through November 27, 1999, inclusive, the symbol ``MX''
in parentheses following the ``Free'' rate of duty in
the special subcolumn of rates of duty column 1 of the
HTS for subheading 9603.10.50 shall be deleted. Upon
the close of November 27, 1999, such symbol ``MX''
shall be reinserted in subheading 9603.10.50 in
alphabetical sequence in the parentheses following the
``Free'' rate of duty in the special subcolumn of HTS
rates of duty column 1, unless the actions taken in
this proclamation are earlier expressly modified or
terminated.
(c) In order to provide that such goods of Mexico
under the terms of general note 12 shall be subject to
a NAFTA rate of duty during the period from November
28, 1999, through December 31, 2004, inclusive, the HTS
is further modified as provided in section B of the
Annex to this proclamation.
(2) In order to establish tariff-rate quotas for
brooms classifiable in HTS subheading 9603.10.60
(except such brooms that are the product of Israel or
goods of Canada under the terms of general note 12 to
the HTS) during the period from November 28, 1996,
through November 27, 1999, inclusive, the HTS is
further modified as provided in section C of the Annex
to this proclamation.
(3) (a) All broom corn brooms (except whisk brooms)
the product of designated beneficiary countries under
the CBERA and the ATPA pursuant to HTS general note
7(a) and general note 11(a), respectively, the
foregoing goods classifiable under HTS subheadings
9603.10.50 and 9603.10.60, shall cease to be accorded
duty-free entry into the customs territory of the
United States during the period from November 28, 1996,
through the close of November 27, 1999, inclusive,
except as provided in section C of the Annex to this
proclamation.
(b) During the time period specified in paragraph
(3)(a), the symbols ``E,'' and ``J,'' in parentheses
following the ``Free'' rate of duty in the special
subcolumn of rates of duty column 1 of the HTS for
subheadings 9603.10.50 and 9603.10.60 shall be deleted.
Upon the close of November 27, 1999, such symbols
``E,'' and ``J,'' shall be reinserted in such
subheadings in
[[Page 64433]]
alphabetical sequence in the parentheses following the
``Free'' rate of duty in the special subcolumn of HTS
rates of duty column 1, and eligible goods the product
of designated CBERA and ATPA beneficiary countries
shall again be accorded duty-free entry into the
customs territory of the United States without
quantitative limitation, unless the actions taken in
this proclamation are earlier expressly modified or
terminated.
(4) 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.
(5) The modifications to the HTS made by this
proclamation, including the Annex thereto, shall be
effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after 12:01 a.m.
on November 28, 1996, as provided in the Annex to this
proclamation, unless such actions are earlier expressly
modified or terminated.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-eighth day of November, 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. 96-31005
Filed 12-3-96; 8:45 am]
Billing code 3190-01-C
