Presidential Documents

30359

Federal Register

Vol. 63, No. 106

Wednesday, June 3, 1998

Title 3—

The President

Proclamation 7103 of May 30, 1998

To Facilitate Positive Adjustment to Competition From Imports of Wheat Gluten

By the President of the United States of America

A Proclamation

1. On March 18, 1998, the United States International Trade Commission

(USITC) transmitted to the President a unanimous affirmative determination

in its investigation under section 202 of the Trade Act of 1974, as amended

(the ‘‘Trade Act’’)(19 U.S.C. 2252), with respect to imports of wheat gluten

provided for in subheadings 1109.00.10 and 1109.00.90 of the Harmonized

Tariff Schedule of the United States (‘‘HTS’’). Under section 202 of the

Trade Act, the USITC determined that such wheat gluten is 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, pursuant to section 311(a) of the

North American Free Trade Agreement Implementation Act (‘‘NAFTA Implementation Act’’) (19 U.S.C. 3371(a)), made negative findings with respect

to imports of wheat gluten from Canada and Mexico. The USITC also transmitted its recommendation made pursuant to section 202(e) of the Trade

Act with respect to the action that would address the serious injury to

the domestic industry and be most effective in facilitating the efforts of

the domestic industry to make a positive adjustment to import competition.

2. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and 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 quantitative limitations on

imports of wheat gluten, provided for in HTS subheadings 1109.00.10 and

1109.00.90, imposed for a period of 3 years plus one day, with annual

increases in such quota limits of six percent in the second year and in

the third year. Except for products of Canada, Mexico, Israel, beneficiary

countries under the Caribbean Basin Economic Recovery Act (CBERA) and

the Andean Trade Preference Act (ATPA), and other developing countries

that have accounted for a minor share of wheat gluten imports, which

shall be excluded from any restriction, such quantitative limitations shall

apply to imports from all countries and the quota quantity shall be allocated

among such countries. 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.

3. 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, and section 301 of title 3, United States

Code, do proclaim that:
30360 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Presidential Documents

(1) In order to establish quantitative limitations for wheat gluten classified

in HTS subheadings 1109.00.10 and 1109.00.90, subchapter III of chapter

99 of the HTS is modified as provided in the Annex to this proclamation.

(2) Wheat gluten that is the product of Canada, of Mexico, of Israel, of

beneficiary countries under the CBERA and the ATPA, and of developing

countries listed in general note 4(a) to the HTS shall be excluded from

the quantitative limitations established by this proclamation, and such imports shall not be counted toward such limitations for any quota period

created herein.

(3) In the event that a quota quantity established by this proclamation

and allocated to a country or to ‘‘other countries’’ is significantly underutilized, the United States Trade Representative is authorized to reallocate

all or part of the unfilled portion of such quota quantity to any other

country or countries and, upon publication of notice in the Federal Register,

to modify the HTS provisions created by the Annex to this proclamation

to reflect any such reallocation.

(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 hereto, shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on

June 1, 1998, and shall continue in effect 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 thirtieth day

of May, in the year of our Lord nineteen hundred and ninety-eight, and

of the Independence of the United States of America the two hundred

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and twenty-second.

œ–
Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 / Presidential Documents 30361

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 June 1, 1998, subchapter III of chapter 99 of

the Harmonized Tariff Schedule of the United States is modified by inserting

in numerical sequence the following new U.S. note, subheadings and superior

text thereto, with the language inserted in the columns entitled ‘‘Heading/

Subheading’’, ‘‘Article Description’’, and ‘‘Quota Quantity’’, and upon the

close of June 1, 2002, these provisions and superior text shall be deleted

from the HTS:

‘‘ 7. For purposes of subheadings 9903.11.05, 9903.11.06, and

9903.11.07, the term: ’’European Community’’ means Austria,

Belgium, Denmark, Finland, France, the Federal Republic of

Germany, Greece, Ireland, Italy, Luxemburg, the Netherlands,

Portugal, Spain, Sweden, and the United Kingdom.’’

Wheat gluten, whether or not dried, except products of Canada,

of Mexico, of Israel, of beneficiary countries under the Caribbean Basin Economic Recovery Act (as enumerated in general

note 7 to this schedule) or of the Andean Trade Preference Act

(as enumerated in general note 11 to this schedule), or of countries enumerated in general note 4(a) to this schedule as that

note existed on June 1, 1998 (provided for in subheadings

1109.00.10 and 1109.00.90):

9903.11.05 If entered during the period from June 1, 1998, through May

31, 1999, inclusive, in the respective aggregate quantity of

goods the product of a foreign country specified below, after

which no wheat gluten the product of such country may be

entered during the remainder of such period:

Australia ................................................................................. 28,315,000 kg

Europen Community ............................................................. 24,513,000 kg

Other countries ...................................................................... 4,693,000 kg

9903.11.06 If entered during the period from June 1, 1999, through May

31, 2000, inclusive, in the respective aggregate quantity of

goods the product of a foreign country specified below, after

which no wheat gluten the product of such country may be

entered during the remainder of such period:

Australia ................................................................................. 30,014,000 kg

European Community ............................................................ 25,983,000 kg

Other countries ...................................................................... 4,975,000 kg

9903.11.07 If entered during the period from June 1, 2000, through June

1, 2001, inclusive, in the respective aggregate quantity of

goods the product of a foreign country specified below, after

which no wheat gluten the product of such country may be

entered during the remainder of such period:

Australia ................................................................................. 31,814,000 kg

European Community ............................................................ 27,543,000 kg

Other countries ...................................................................... 5,273,000 kg‘‘

[FR Doc. 98–14931

Filed 6–2–98; 8:45 am

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