96-22756. Determinations Under Section 203 of the Trade Act of 1974 and Section 304 of the North American Free Trade Agreement Implementation Act Concerning Broom Corn Brooms

  • [Federal Register Volume 61, Number 172 (Wednesday, September 4, 1996)]
    [Presidential Documents]
    [Pages 46697-46698]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-22756]
    
    
    
    [[Page 46695]]
    
    
    _______________________________________________________________________
    
    Part III
    
    
    
    
    
    The President
    
    
    
    
    
    _______________________________________________________________________
    
    
    
    Memorandum of August 30, 1996--Determinations Under Section 203 of the 
    Trade Act of 1974 and Section 304 of the North American Free Trade 
    Agreement Implementation Act Concerning Broom Corn Brooms
    
    
                            Presidential Documents 
    
    
    
    Federal Register / Vol. 61, No. 172 / Wednesday, September 4, 1996 / 
    Presidential Documents
    
    ___________________________________________________________________
    
    Title 3--
    The President
    
    [[Page 46697]]
    
                    Memorandum of August 30, 1996
    
                    
    Determinations Under Section 203 of the Trade Act 
                    of 1974 and Section 304 of the North American Free 
                    Trade Agreement Implementation Act Concerning Broom 
                    Corn Brooms
    
                    Memorandum for the United States Trade Representative, 
                    the Secretary of Agriculture, the Secretary of 
                    Commerce, [and] the Secretary of Labor
    
                    On August 1, 1996, the United States International 
                    Trade Commission (USITC) submitted to me a report that 
                    included:
    
                        (a) a determination pursuant to section 202 of the 
                    Trade Act of 1974 (``the Trade Act'') that imports of 
                    broom corn 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 an article like or directly 
                    competitive with the imported article;
                        (b) a finding pursuant to section 311(a) of the 
                    North American Free Trade Agreement (NAFTA) 
                    Implementation Act (``NAFTA Act'') that imports of 
                    broom corn brooms produced in Mexico account for a 
                    substantial share of total imports of such brooms and 
                    contribute importantly to the serious injury caused by 
                    imports; but that imports of broom corn brooms produced 
                    in Canada do not account for a substantial share of 
                    total imports and thus do not contribute importantly to 
                    the serious injury caused by imports;
                        (c) a determination under section 302 of the NAFTA 
                    Act that, as a result of the reduction or elimination 
                    or a duty provided for under the NAFTA, broom corn 
                    brooms produced in Mexico are being imported into the 
                    United States in such increased quantities (in absolute 
                    terms) and under such conditions so that imports of the 
                    article, alone, constitute a substantial cause of 
                    serious injury to the domestic industry producing an 
                    article that is like, or directly competitive with, the 
                    imported article; and
                        (d) recommendations for action by the President in 
                    response to these determinations.
    
                    Pursuant to section 203(a) of the Trade Act, I have 
                    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 have 
                    not implemented at this time any of the actions 
                    recommended by the USITC, because I believe it would be 
                    more appropriate first to seek a negotiated solution 
                    with appropriate foreign countries that would address 
                    the serious injury to our domestic broom corn broom 
                    industry, promote positive adjustment, and strike a 
                    balance among the various interests involved.
    
                    Therefore, after considering all relevant aspects of 
                    the investigation, including the factors set forth in 
                    section 203(a)(2) of the Trade Act, I hereby direct the 
                    Trade Representative to negotiate and conclude, within 
                    90 days, agreements of a type described in section 
                    203(a)(3)(E) of the Trade Act, and to carry out any 
                    agreements reached. Not later than the end of this 90-
                    day period, I would implement action of a type 
                    described in section 203(a)(3). I hereby direct the 
                    Secretaries of Agriculture, Commerce, and Labor to 
                    develop and present to me, within 90 days, a program of 
                    measures designed to enable our domestic industry 
                    producing broom corn brooms to adjust to import 
                    competition.
    
    [[Page 46698]]
    
                    I agree with the USITC's finding under section 311(a) 
                    of the NAFTA Act, and therefore determine, pursuant to 
                    section 312(a) of the Act, that imports of broom corn 
                    brooms from Mexico account for a substantial share of 
                    total imports of such brooms and contribute importantly 
                    to the serious injury caused by imports; but that 
                    imports of broom corn brooms from Canada do not account 
                    for a substantial share of total imports and thus do 
                    not contribute importantly to the serious injury caused 
                    by imports. Therefore, pursuant to section 312(b) of 
                    the NAFTA Act, agreements reached, and action of a type 
                    described in section 203(a)(3) of the Trade Act, would 
                    apply to imports of broom corn brooms from Mexico, but 
                    would not apply to imports of broom corn brooms from 
                    Canada. Also, in light of the USITC's findings, any 
                    agreements and action would not apply to imports of 
                    broom corn brooms from Israel.
    
                    As a result of the action I have taken under section 
                    203 of the Trade Act, I have fully preserved my ability 
                    to implement tariff increases of a magnitude equal to 
                    or greater than the increases recommended by USITC 
                    commissioners under section 303 of the NAFTA Act. 
                    Section 203 of the Trade Act also authorizes a wider 
                    array of types of action than the tariff increases 
                    permitted under the NAFTA Act. Thus, through section 
                    203 of the Trade Act, I maintain the full power to 
                    address the serious injury found by the USITC to have 
                    resulted from the reduction in tariffs under the NAFTA. 
                    For these reasons, I have determined that additional 
                    action under section 304 of the NAFTA Act is not 
                    necessary and would not provide greater benefits than 
                    costs.
    
                    The United States Trade Representative is authorized 
                    and directed to publish this determination in the 
                    Federal Register.
    
                        (Presidential Sig.)
    
                    THE WHITE HOUSE,
    
                        Washington, August 30, 1996.
    
    [FR Doc. 96-22756
    Filed 9-3-96; 10:24 a.m.]
    Billing code 3190-01-M
    
    
    

Document Information

Published:
09/04/1996
Department:
Executive Office of the President
Entry Type:
Presidential Document
Document Type:
Memorandum
Document Number:
96-22756
Pages:
46697-46698 (2 pages)
EOCitation:
of 1996-08-30
PDF File:
96-22756.pdf