WORLD TRADE  
ORGANIZATION  G/SG/N/10/USA/1/Suppl.1 
G/SG/N/11/USA/1/Suppl.1 15 December 1998 
 
(98-5065) 
Committee on Safeguards Original:   English 
  
 
NOTIFICATIONS PURSUANT TO ARTICLE 12.1(C) AND ARTICLE 9, 
 FOOTNOTE 2, OF THE AGREEMENT ON SAFEGUARDS 
 
UNITED STATES 
 
Supplement
 
 
 
 The following communication, dated 11 December 1998, has been received from the Permanent 
Mission of the United States. 
 
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   The United States wishes to notify the Comm ittee, in light of the format for certain 
notifications adopted by the Committee (G/SG/2, 1 July 1996), of the termination of the safeguard 
measure on imports of broom corn brooms, as follows: 
   1. Specify the product subject to the investigation
  
  
 Broom corn brooms, provided for in subheadings 9603.10.50 and 9603.10.60 of the 
Harmonized Tariff Schedule of the United States.   2. Identify the WTO document containing the notification of the decision to apply or extend a 
safeguard measure  
 
 The measure was an increase in tariffs on imports of broom corn brooms, as described in 
G/SG/N/10/USA/1 and G/SG/N/11/USA/1 (6 December 1996).  3. Specify the date on which the measure was terminated
 
 
 The safeguard measure was terminated on 3 December 1998. 
 4. Identify the reason(s) for term ination of the safeguard measure
 
  In view of information provided in a report by the US International Trade Commission and 
based on advice from the Secretary of Commerce and the Secretary of Labor, the President found that 
the broom corn broom industry has not made adequate  efforts to make a positive adjustment to import 
competition.   G/SG/N/10/USA/1/Suppl.1 
G/SG/N/11/USA/1/Suppl.1 Page 2 
 
 
 5. Provide the reference for the published notice of termination (name of Member’s official 
journal, date and page number at which notice appeared in the journal)  
  The President announced the termination of the measure by Proclamation 7154 of 
3 December 1998, published in the  Federal Register , 8 December 1998, Volume 63, Number 235, 
page 67761.  6. Provide any other information that th e notifying Member may consider relevant
 
 
 A copy of the Federal Register  notice is attached.    G/SG/N/10/USA/1/Suppl.1 
 G/SG/N/11/USA/1/Suppl.1  Page 3 
 
 
 Federal Register: December 8, 1998 (Volume 63, Number 235) 
Presidential Documents 
 
Page 67759-67763 
 
   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 Inte rnational 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 br ooms 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 Implementati on 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 to tal 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  determina tion 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 specifi ed annual levels, HTS subheading 9603.10.60. The 
increase in, or imposition of, duties was made effectiv e 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 representativ e 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 Ja nuary 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 Un ited States Trade Represen tative 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 in terested agencies, regarding the effectiveness of G/SG/N/10/USA/1/Suppl.1 
G/SG/N/11/USA/1/Suppl.1 Page 4 
 
 
 efforts undertaken by the domestic broom corn br oom industry to make a positive adjustment to 
import competition.  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 circ umstances 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 experi ence 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 adjustme nt 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, continuan ce, or imposition of any rate of 
duty or other import restriction.  
 NOW, THEREFORE, I, WILLIAM J. CLINTON, Pr esident 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 supersed ed to the extent of such inconsistency. 
(3) The modifications to the HTS made by this proc lamation shall be effective with respect to goods 
entered, or withdrawn from warehouse for consumpti on, 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.  Signature   
 
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 inserti ng in alphabetical sequence in the parenthetical 
expression in column 1-special the symbol ``,MX''.  G/SG/N/10/USA/1/Suppl.1 
 G/SG/N/11/USA/1/Suppl.1  Page 5 
 
 
 b.  Subheadings 9903.96.01 through 9903.96.19, incl usive, 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 Procla mation 6641 of December 15, 1993, shall be 
implemented as scheduled in such Proclamation. 
 
 
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