Presidential Documents

1007

Federal Register

Vol. 60, No. 2

Wednesday, January 4, 1995

Title 3—

The President

Proclamation 6763 of December 23, 1994

To Implement the Trade Agreements Resulting From the

Uruguay Round of Multilateral Trade Negotiations, and for

Other Purposes

By the President of the United States of America

A Proclamation

1. On April 15, 1994, the President entered into trade agreements resulting

from the Uruguay Round of multilateral trade negotiations (‘‘the Uruguay

Round Agreements’’). In section 101(a) of the Uruguay Round Agreements

Act (‘‘the URAA’’) (Public Law 103–465; 108 Stat. 4809), the Congress approved the Uruguay Round Agreements listed in section 101(d) of that

Act.

2. (a) Sections 1102 (a) and (e) of the Omnibus Trade and Competitiveness

Act of 1988, as amended (‘‘the 1988 Act’’) (19 U.S.C. 2902 (a) and (e)),

authorize the President to proclaim such modification or continuance of

any existing duty, such continuance of existing duty-free or excise treatment,

or such additional duties, as he determines to be required or appropriate

to carry out any trade agreements entered into under those sections.

(b) Accordingly, I have determined that it is required or appropriate in

order to carry out the Uruguay Round Agreements, which were entered

into under sections 1102 (a) and (e) of the 1988 Act (19 U.S.C. 2902 (a)

and (e)), that I proclaim the modifications and continuances of existing

duties, duty-free treatments, excise treatments, and additional duties set

forth in the Annex to this proclamation.

3. (a) Section 111(a) of the URAA authorizes the President to proclaim

such other modification of any duty, such other staged rate reduction, or

such other additional duties beyond those authorized by section 1102 of

the 1988 Act (19 U.S.C. 2902) as the President determines to be necessary

or appropriate to carry out Schedule XX—United States of America, annexed

to the Marrakesh Protocol to the General Agreement on Tariffs and Trade

1994 (‘‘Schedule XX’’).

(b) Accordingly, I have determined that it is necessary or appropriate

to carry out Schedule XX to proclaim such other modifications of duties,

such other staged rate reductions, and such other additional duties, beyond

those authorized by section 1102 of the 1988 Act (19 U.S.C. 2902), as

are set forth in the Annex to this proclamation.

4. Section 111(d) of the URAA requires the President to proclaim the rate

of duty set forth in Column B of the table set forth in that section as

the column 2 rate of duty for the subheading of the Harmonized Tariff

Schedule of the United States (‘‘HTS’’) that corresponds to the subheading

in Schedule XX listed in Column A.

5. (a) Section 22(f) of the Agricultural Adjustment Act (‘‘the Adjustment

Act’’) (7 U.S.C. 624(f)), as amended by section 401(a)(1) of the URAA,

provides that, as of the date of entry into force of the Agreement Establishing

the World Trade Organization (‘‘the WTO Agreement’’), no quantitative limitation or fee shall be imposed under that section with respect to any article

that is the product of a World Trade Organization member, as defined

in section 2(10) of the URAA.

(b) Section 401(a)(2) of the URAA further provides that, with respect

to wheat, amended section 22(f) of the Adjustment Act (7 U.S.C. 624(f))
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shall be effective on the later of the date of entry into force of the WTO

Agreement or September 12, 1995.

(c) Accordingly, I have decided that it is necessary to provide for the

termination of all quantitative limitations and fees previously proclaimed

under section 22 of the Adjustment Act (7 U.S.C. 624), other than those

for wheat, as provided in the Annex to this proclamation.

6. (a) Section 404(a) of the URAA directs the President to take such action

as may be necessary in implementing the tariff-rate quotas set out in Schedule

XX to ensure that imports of agricultural products do not disrupt the orderly

marketing of commodities in the United States.

(b) Section 404(d)(3) of the URAA authorizes the President to allocate

the in-quota quantity of a tariff-rate quota for any agricultural product among

supplying countries or customs areas and to modify any allocation, as he

determines appropriate.

(c) Section 404(d)(5) of the URAA authorizes the President to proclaim

additional U.S. note 3 to chapter 17 of the HTS, dealing with imports

of sugar, together with appropriate modifications thereto, to reflect Schedule

XX.

(d) Section 405 of the URAA directs the President to cause to be published

in the Federal Register the list of special safeguard agricultural goods and,

if appropriate, to impose price-based or volume-based safeguards with respect

to such goods consistent with Article 5 of the Agreement on Agriculture

annexed to the WTO Agreement, and authorizes the President to exempt

from any safeguard duty any goods originating in a country that is a party

to the North American Free Trade Agreement (‘‘the NAFTA’’).

7. Presidential Proclamation No. 6641 of December 15, 1993, implemented

the NAFTA with respect to the United States and, pursuant to sections

201 and 202 of the North American Free Trade Agreement Implementation

Act (‘‘the NAFTA Act’’) (19 U.S.C. 3331 and 3332), incorporated in the

HTS the tariff modifications and rules of origin necessary or appropriate

to carry out or apply the NAFTA. Certain technical errors were made in

the Annexes to that proclamation. I have determined that, in order to reflect

accurately the intended tariff treatment and rules of origin provided for

in the NAFTA, it is necessary to modify certain provisions of the HTS,

as set forth in the Annex to this proclamation.

8. Presidential Proclamation No. 6455 of July 2, 1992, implementing the

Andean Trade Preference Act (‘‘the ATPA’’) (19 U.S.C. 3201 et seq.), provided

duty-free entry for all eligible articles, and duty reductions for certain other

articles that are the product of any designated beneficiary country under

that Act. Through technical error, the tariff treatment of ethyl alcohol, ethyl

tertiary-butyl ether, and mixtures containing these products was incompletely

stated. Accordingly, I have decided that it is appropriate to modify the

provisions of subchapter I of chapter 99 of the HTS to provide fully for

the tariff treatment of such products under the ATPA.

9. Section 242 of the Compact of Free Association (‘‘the Compact’’) between

the United States and Palau provides that, upon implementation of the

Compact, the President shall proclaim duty-free entry for most products

of designated freely associated states. Such duty-free treatment, pursuant

to the Compact of Free Association Approval Act (‘‘the Compact Act’’)

(Public Law 99–658; 100 Stat. 3672, 48 U.S.C. 1681 note), is subject to

the limitations of section 201 of the Compact Act and sections 503(b) and

504(c) of the Trade Act of 1974 (‘‘the 1974 Act’’) (19 U.S.C. 2463(b) and

2464(c)). In Presidential Proclamation No. 6726 of September 27, 1994, I

proclaimed that the Compact would enter into force on October 1, 1994.

In order to accord such duty-free treatment to products of Palau, I have

decided that it is necessary and appropriate to modify general note 10

to the HTS to designate the Republic of Palau as a freely associated state.

Further, I have decided that it is appropriate to modify general note 4(a)

to the HTS, which enumerates designated beneficiary countries for purposes
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of the Generalized System of Preferences, to delete Palau from the list

of non-independent countries and territories.

10. Presidential Proclamation No. 5759 of December 24, 1987, imposed

increased rates of duty on certain products of the European Community

(‘‘EC’’), in response to the EC’s implementation of the Council Directive

Prohibiting the Use in Livestock Farming of Certain Substances Having

a Hormonal Action. Austria, Finland, and Sweden have indicated that they

will become member states of the EC on January 1, 1995. Accordingly,

to clarify that the increased rates of duty imposed by Proclamation No.

5759 continue to apply to the EC in its capacity as a foreign instrumentality,

it is necessary to amend the HTS to indicate that the duties are to be

imposed on products of the EC, including products of all new and future

member states, and not just on products of countries that were members

of the EC in 1987 and that were listed in the HTS for illustrative purposes.

11. Additional U.S. note 24 to chapter 4 of Schedule XX provides for

a delay in the effective date, or prorating, of the expansion of tariff-rate

quotas for cheeses above the existing quota quantities provided for in subchapter IV of chapter 99 of the HTS that will result from the implementation

of United States commitments under the Uruguay Round Agreements, in

the case of countries or areas that implement their market access commitments on a date later than the effective date of Schedule XX. The current

members of the European Community (Belgium, Denmark, France, the Federal

Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands,

Portugal, Spain, and the United Kingdom), Austria, Poland, Sweden, and

Switzerland all have indicated their intention not to implement their market

access commitments until July 1, 1995. Accordingly, I have determined,

pursuant to my authority under sections 111 (a) and (b) of the URAA

and section 1102 of the 1988 Act (19 U.S.C. 2902), that it is appropriate

not to make available the amounts specified in section K of the Annex

to this proclamation until July 1, 1995.

12. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President

to embody in the HTS the substance of the relevant provisions of that

Act, 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 of America, including but not limited

to section 604 of the 1974 Act (19 U.S.C. 2483), section 1102 of the 1988

Act (19 U.S.C. 2902), sections 201 and 202 of the NAFTA Act (19 U.S.C.

3331 and 3332), and title I and title IV of the URAA, do hereby proclaim:

(1) In order to provide generally for the tariff treatment being accorded

under the Uruguay Round Agreements, including the modification or continuance of existing duties or other import restrictions and the continuance

of existing duty-free or excise treatment provided for in Schedule XX, the

URAA, and the other authorities cited in this proclamation, including the

termination of quantitative limitations and fees previously imposed under

section 22 of the Adjustment Act (7 U.S.C. 624), the HTS is modified

as set forth in the Annex to this proclamation.

(2)(a) The modifications to the HTS made by sections A (except with respect

to paragraphs thereof specifying other effective dates), C, E, and IJ of the

Annex to this proclamation shall be effective with respect to goods entered,

or withdrawn from warehouse for consumption, on and after January 1,

1995;

(b) The modifications to the HTS made by sections B, D(1)–(5), F, G,

H, and L of the Annex to this proclamation, and by those paragraphs

of section A specifying effective dates other than January 1, 1995, shall

be effective with respect to goods entered, or withdrawn from warehouse

for consumption, on and after the dates set forth in such sections of the

Annex;
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(c) The modifications to the HTS made by section D(6) of the Annex

to this proclamation shall be effective with respect to goods entered, or

withdrawn from warehouse for consumption, on and after the dates set

forth in such section, unless the United States Trade Representative (USTR)

announces that the scheduled staged duty reductions set forth in such Annex

section are being withheld because other major countries have not afforded

adequate entity coverage under the Agreement on Government Procurement

annexed to the WTO Agreement, and so advises the Secretary of the Treasury

and publishes this information in a notice in the Federal Register;

(d) The modifications to the HTS made by section D(7) of the Annex

to this proclamation shall be effective with respect to goods entered, or

withdrawn from warehouse for consumption, on and after the date announced

by the USTR in a notice published in the Federal Register as the date

on which other major countries have afforded adequate entity coverage

under the Agreement on Government Procurement annexed to the WTO

Agreement; and

(e) Section K of the Annex to this proclamation, providing for a delay

in implementation of the expansion of tariff-rate quotas of cheeses, applies

during the period January 1, 1995, through June 30, 1995, unless the USTR

determines that it is in the interest of the United States for any such

delays to apply to a different period and publishes notice of the determination

and applicable period in the Federal Register. The USTR also is authorized

to prorate over the applicable period any of the quantities that may be

imported.

(3) The USTR is authorized to exercise my authority under section 404(d)(3)

of the URAA to allocate the in-quota quantity of a tariff-rate quota for

any agricultural product among supplying countries or customs areas and

to modify any allocation as the USTR determines appropriate.

(4) The Secretary of Agriculture is authorized to exercise my authority

to make determinations under section 405(a) of the URAA and to publish

those determinations in the Federal Register.

(5) Effective January 1, 1995, in order to clarify that the additional duty

provided for in subheadings 9903.23.00 through 9903.23.35, inclusive, of

the HTS shall apply to new member states of the European Community,

the superior text to those subheadings is modified as provided in the Annex

to this proclamation. The USTR is authorized to alter the application of

the increased duties imposed by Presidential Proclamation No. 5759, as

modified herein, by further modifying the superior text to those subheadings

so that it reflects accurately all member states of the European Community

or any successor organization. Notice of any such modification shall be

published in the Federal Register.

(6) Whenever the rate of duty in the general subcolumn of rates of duty

column 1 of the HTS is reduced to ‘‘Free’’, all rates of duty set forth

in the special subcolumn of column 1 shall be deleted from the HTS.

(7) The USTR, the Secretary of Agriculture, 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 the Annex to this proclamation.

(8) Paragraphs (1)–(4), (6), and (7) shall be effective on January 1, 1995,

unless the USTR announces prior to that date that the WTO Agreement

will not enter into force on that date.
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(9) 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.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third

day of December, in the year of our Lord nineteen hundred and ninetyfour, and of the Independence of the United States of America the two

Billing Code 3195–01–P

hundred and nineteenth.

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