[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Presidential Documents]
[Pages 47663-47676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22951]
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Part V
The President
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Proclamation 6821--To Establish a Tariff-Rate Quota on Certain Tobacco,
Eliminate Tariffs on Certain Other Tobacco, and for Other Purposes
Presidential Documents
Federal Register / Vol. 60, No. 177 / Wednesday, September 13, 1995 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Proclamation 6821 of September 12, 1995
To Establish a Tariff-Rate Quota on Certain
Tobacco,
Eliminate Tariffs on Certain Other Tobacco, and for
Other Purposes
By the President of the United States of America
A Proclamation
1. (a) On April 15, 1994, I entered into trade
agreements resulting from the Uruguay Round of
multilateral trade negotiations (``the Uruguay Round
Agreements''), including the Agreement Establishing the
World Trade Organization (``the WTO Agreement'') and
the General Agreement on Tariffs and Trade 1994 (``the
GATT 1994''), annexed to the WTO Agreement. In section
101(a) of the Uruguay Round Agreements Act (``the
URAA'') (Public Law 103-465, 108 Stat. 4814)(19 U.S.C.
3511(a)), the United States approved the Uruguay Round
Agreements. These agreements entered into force for the
United States on January 1, 1995.
(b) Section 125(c) of the Trade Act of 1974 (``the 1974
Act'')(19 U.S.C. 2135(c)) provides that whenever the
United States, acting in pursuance of any of its rights
or obligations under any trade agreement entered into
pursuant to the 1974 Act, modifies any obligation with
respect to the trade of any foreign country or
instrumentality, the President is authorized to
proclaim increased duties or other import restrictions,
to the extent, at such times, and for such periods as
he deems necessary or appropriate, in order to exercise
the rights or fulfill the obligations of the United
States. Section 421 of the Uruguay Round Agreements Act
(19 U.S.C. 2135 note) authorizes the President,
pursuant to the 1974 Act, to proclaim an increase in
any existing duty on certain tobacco to a rate no more
than 50 percent above the rate that was set forth in
rate column numbered 2 of the Tariff Schedules of the
United States, as in effect on January 1, 1975, or no
more than 350 percent ad valorem above the rate
existing on January 1, 1975, whichever is higher.
(c) Section 1105(a) of the Omnibus Trade and
Competitiveness Act of 1988 (``the 1988 Act'')(19
U.S.C. 2904(a)) provides that for purposes of applying
section 125 of the 1974 Act, any trade agreement
entered into under section 1102 of the 1988 Act (19
U.S.C. 2902) shall be treated as an agreement entered
into under section 101 or 102, as appropriate, of the
1974 Act (19 U.S.C. 2111 and 2112), and any
proclamation issued pursuant to such a trade agreement
shall be treated as a proclamation issued pursuant to a
trade agreement entered into under section 102 of the
1974 Act.
(d) The United States, acting pursuant to its rights
and obligations under the Uruguay Round Agreements, in
particular Article XXVIII of the GATT 1994, is
modifying its obligations with respect to the tariff
treatment of certain tobacco to establish a tariff-rate
quota for imports of such tobacco.
(e) Accordingly, I have determined that it is
appropriate to proclaim the tariff modifications set
forth in Annex I to this proclamation in order to
exercise the rights and fulfill the obligations of the
United States under the Uruguay Round Agreements. These
modifications would, among other things, establish a
tariff-rate quota for imports of certain tobacco.
2. (a) Section 423 of the URAA (19 U.S.C. 3621)
authorizes the President to proclaim the reduction or
elimination of any duty with respect to cigar
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binder and filler tobacco, wrapper tobacco, or oriental tobacco set
forth in Schedule XX--United States of America, annexed
to the Marrakesh Protocol to the GATT 1994 (``Schedule
XX'').
(b) I have decided to proclaim the elimination of the
duties on cigar binder and filler tobacco, wrapper
tobacco, and oriental tobacco, as set forth in Annex I
to this proclamation.
3. (a) Section 422(c) of the URAA (7 U.S.C. 1445 note)
authorizes the President to waive the application to
imported tobacco of section 106(g) of the Agricultural
Act of 1949 (7 U.S.C. 1445(g)) if the President
determines that the waiver is necessary or appropriate
pursuant to an international agreement entered into by
the United States.
(b) I have determined that it is necessary or
appropriate pursuant to the Uruguay Round Agreements to
waive the application of section 106(g) of the
Agricultural Act of 1949 to imports of cigar tobacco.
This waiver shall take effect on the effective date of
this proclamation.
4. Presidential Proclamation No. 6641 of December 15,
1993, which implemented the North American Free Trade
Agreement (``the NAFTA'') with respect to the United
States, established a tariff heading in chapter 98 of
the Harmonized Tariff Schedules of the United States
(``the HTS'') for certain textile and apparel goods
assembled in Mexico from fabric wholly formed and cut
in the United States. This tariff heading, 9802.00.90,
inadvertently narrowed the scope of the agreed duty-
free treatment, as set forth in Appendix 2.4 to Annex
300-B to the NAFTA. I have decided that it is necessary
and appropriate to modify heading 9802.00.90 to the HTS
to align it with the provisions of the NAFTA, pursuant
to section 201(a)(1) of the North American Free Trade
Agreement Implementation Act (Public Law 103-182, 107
Stat. 2057)(19 U.S.C. 3331(a)(1)).
5. (a) The March 9, 1994, Memorandum of Understanding
on the Results of the Uruguay Round Negotiations on
Agriculture Between the United States of America and
Uruguay and the March 24, 1994, Memorandum of
Understanding on the Results of the Uruguay Round
Market Access Negotiations on Agriculture Between the
United States of America and Argentina (``the MOUs'')
were submitted to the Congress along with the Uruguay
Round Agreements. Each MOU provides that, once the
appropriate Department of Agriculture authorities
approve the country to ship fresh, chilled or frozen
beef to the United States, the in-quota quantity of the
United States tariff-rate quota for beef will be
increased by 20,000 metric tons, and that increase will
be allocated to that country.
(b) Section 404(d)(4) of the URAA (19 U.S.C.
3601(d)(4)) authorizes the President to proclaim an
increase in the in-quota quantity of the tariff-rate
quota for beef if the President determines that an
increase is necessary to implement either MOU.
(c) Accordingly, pursuant to section 404(d)(4) of the
URAA, I have determined that it is necessary to
proclaim an increase in the in-quota quantity of the
tariff-rate quota for beef as set forth in Annex II to
this proclamation, to be effective for each country
upon the dates specified therein.
6. Presidential Proclamation No. 6763 of December 23,
1994, implemented the Uruguay Round Agreements,
including Schedule XX, with respect to the United
States and incorporated in the HTS tariff modifications
necessary and appropriate to carry out the Uruguay
Round Agreements. Certain technical errors, including
inadvertent omissions and typographical errors, were
made in that proclamation. I have decided that, in
order to reflect accurately the intended tariff
treatment provided for in the Uruguay Round Agreements,
it is necessary to modify certain provisions of the
HTS, as set forth in Annex II to this proclamation.
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
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301 of title 3, United States Code, section 125 of the 1974 Act (19
U.S.C. 2135), sections 421, 422(c) and 423 of the URAA
(19 U.S.C. 2135 note, 7 U.S.C. 1445 note, and 19 U.S.C.
3621, respectively), and section 604 of the 1974 Act
(19 U.S.C. 2483), do hereby proclaim:
(1) In order to exercise the rights and fulfill the
obligations of the United States under the WTO
Agreement, the HTS is modified as set forth in Annex I
to this proclamation.
(2) The provisions of Annex I to this proclamation
shall take effect with respect to articles entered, or
withdrawn from warehouse, for consumption on or after
the dates specified in such annex.
(3) Section 106(g) of the Agricultural Act of 1949 (7
U.S.C. 1445(g)) is waived with respect to imports of
cigar tobacco entered, or withdrawn from warehouse, for
consumption on or after the effective date of this
proclamation.
(4) (a) In order to correct certain technical errors,
to modify heading 9802.00.90, and to implement certain
determinations concerning tariff-rate quotas for
Argentina and Uruguay, the HTS is modified as set forth
in Annex II to this proclamation.
(b) Annex I to Presidential Proclamation No. 6343 of
September 28, 1991, is amended as set forth in Annex II
to this proclamation.
(c) The modifications made by Annex II to this
proclamation shall be effective with respect to goods
entered or withdrawn from warehouse for consumption on
or after the dates specified in such annex.
(5) The United States Trade Representative 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 Annex I to this
proclamation.
(6) 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.
(7) This proclamation is effective on September 13,
1995.
IN WITNESS WHEREOF, I have hereunto set my hand this
twelfth day of September, in the year of our Lord
nineteen hundred and ninety-five, and of the
Independence of the United States of America the two
hundred and twentieth.
(Presidential Sig.)
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[FR Doc. 95-22951
Filed 9-12-95; 11:47 am]
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