[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Presidential Documents]
[Pages 67761-67763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32737]
[[Page 67759]]
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Part IV
The President
_______________________________________________________________________
Proclamation 7154--To Terminate Temporary Duties on Imports of Broom
Corn Brooms
Presidential Documents
Federal Register / Vol. 63, No. 235 / Tuesday, December 8, 1998 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 67761]]
Proclamation 7154 of December 3, 1998
To Terminate Temporary Duties on 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 were 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, pursuant to section 311(a) of the North
American Free Trade Agreement Implementation Act (``the
NAFTA Implementation Act'') (19 U.S.C. 3371(a)), the
USITC found that imports of such brooms produced in
Mexico, considered individually, accounted for a
substantial share of total imports of broom corn brooms
and contributed importantly to the serious injury
caused by imports, but that such brooms produced in
Canada did 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 November 28, 1996, pursuant to section 203 of the
Trade Act (19 U.S.C. 2253), I issued Proclamation 6961,
which temporarily increased or imposed duties 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 exceeded
certain specified annual levels, HTS subheading
9603.10.60. The increase in, or imposition of, duties
was made effective for a three-year period for imports
from all countries, except Canada and Israel and
developing 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
determined that this action would facilitate efforts by
the domestic industry to make a positive adjustment to
import competition and would provide greater economic
and social benefits than costs. On January 27, 1997, I
issued Proclamation 6969, making certain technical
corrections to the HTS provisions covered by
Proclamation 6961.
3. On May 11, 1998, acting under my delegation of
authority, and pursuant to section 332(g) of the Tariff
Act of 1930 (19 U.S.C. 1332(g)), the United States
Trade Representative asked the USITC to provide a
report on developments with respect to the domestic
broom corn broom industry since November 28, 1996,
including the progress and specific efforts made by
workers and firms in the industry to make a positive
adjustment to import competition. The USITC report in
Investigation Number 332-394, issued August 10, 1998,
has been provided to me.
4. Following issuance of the USITC report, I received
advice from the Secretary of Commerce and the Secretary
of Labor, as well as from other interested agencies,
regarding the effectiveness of efforts undertaken by
the domestic broom corn broom industry to make a
positive adjustment to import competition.
[[Page 67762]]
5. Section 204(b)(1)(A) of the Trade Act (19 U.S.C.
2254(b)(1)(A)) authorizes the President to reduce,
modify, or terminate a safeguard action if, after
taking into account any report or advice submitted by
the USITC and receiving advice from the Secretary of
Commerce and the Secretary of Labor, the President
determines that changed circumstances warrant the
reduction, modification, or termination. The
President's determination may be made, inter alia, on
the basis that the domestic industry has not made
adequate efforts to make a positive adjustment to
import competition. Under section 201(b) of the Trade
Act (19 U.S.C. 2251(b)), a positive adjustment occurs
when the domestic industry is able to compete
successfully with imports after the termination of the
import relief or when the domestic industry experiences
an orderly transfer of resources to other productive
pursuits, and when dislocated workers in the industry
experience an orderly transition to productive
pursuits.
6. In view of the information provided in the USITC's
report, and based on advice from the Secretary of
Commerce and the Secretary of Labor, I find that the
broom corn broom industry has not made adequate efforts
to make a positive adjustment to import competition.
Accordingly, I have determined pursuant to section
204(b)(1)(A) of the Trade Act that termination of the
action I took under section 203 of that Act with
respect to broom corn broom imports is warranted.
7. Section 604 of the Trade 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, sections
204 and 604 of the Trade Act, do proclaim that:
(1) The HTS is modified as provided in the Annex to
this proclamation.
(2) 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.
(3) The modifications to the HTS made by this
proclamation shall be effective with respect to goods
entered, or withdrawn from warehouse for consumption,
on or after the date specified in the Annex hereto.
IN WITNESS WHEREOF, I have hereunto set my hand this
third day of December, in the year of our Lord nineteen
hundred and ninety-eight, and of the Independence of
the United States of America the two hundred and
twenty-third.
(Presidential Sig.)
Billing code 3195-01-P
[[Page 67763]]
Annex
Modifications to the Harmonized Tariff Schedule of the
United States
Effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after the date of
signature of this proclamation, chapters 96 and 99 of
the Harmonized Tariff Schedule of the United States are
hereby modified as follows:
a. Subheading 9603.10.50 is modified by inserting in
alphabetical sequence in the parenthetical expression
in column 1-special the symbol ``,MX''.
b. Subheadings 9903.96.01 through 9903.96.19,
inclusive, and any superior text related thereto are
deleted.
c. Subheading 9906.96.02 is modified by striking
``32.5%'' from column 1-special and by inserting in
lieu thereof ``22.4%''. The provisions of Presidential
Proclamation 6961 suspending previously proclaimed
concessions regarding brooms, wholly or in part of
broom corn, that are goods of Mexico under the terms of
general note 12 to the tariff schedule are terminated,
and all such previously proclaimed concessions, under
Proclamation 6641 of December 15, 1993, shall be
implemented as scheduled in such Proclamation.
[FR Doc. 98-32737
Filed 12-7-98; 8:45 am]
Billing code 3190-01-M
