[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Presidential Documents]
[Pages 15844-15847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-40327]




Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / 
Presidential Documents 
[[Page 15844]] 

Proclamation 6780 of March 23, 1995

                
To Implement Certain Provisions of 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, I 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. 4814) (19 
                U.S.C. 3511(a)), the Congress approved the Uruguay 
                Round Trade Agreements listed in section 101(d) of that 
                Act.

                2. Pursuant to section 101(b) of the URAA, I decided to 
                accept the Agreement Establishing the World Trade 
                Organization (``the WTO Agreement'') on behalf of the 
                United States, and I determined that the WTO Agreement 
                entered into force for the United States on January 1, 
                1995.

                3. (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 agreement entered into under 
                these sections.

                    (b) Section 111(a) of the URAA (19 U.S.C. 3521(a)) 
                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 Statesof 
                America, annexed to the Marrakesh Protocol to the 
                General Agreement on Tariffs and Trade 1994 (``Schedule 
                XX'').
                    (c) Section 103(a) of the URAA (19 U.S.C. 3513(a)) 
                authorizes the President to proclaim such actions as 
                may be necessary to ensure that any provision or 
                amendment made by the URAA that takes effect on the 
                date that any of the Uruguay Round Agreements enters 
                into force with respect to the United States is 
                appropriately implemented on such date.

                4. Proclamation 6763 of December 23, 1994, implemented 
                the Uruguay Round Agreements, including Schedule XX, 
                with respect to the United States; and incorporated in 
                the Harmonized Tariff Schedule of the United States 
                (``the HTS'') tariff modifications necessary and 
                appropriate to carry out the Uruguay Round Agreements 
                and certain conforming changes in rules of origin for 
                the North American Free Trade Agreement (``NAFTA''). 
                Certain technical errors, including inadvertent 
                omissions, were made in that proclamation. I have 
                determined that it is necessary, to reflect accurately 
                the intended tariff treatment provided for in the 
                Uruguay Round Agreements and to ensure the continuation 
                of the agreed NAFTA rules of origin, to modify certain 
                provisions of the HTS, as set forth in the Annex to 
                this proclamation.

                5. (a) One of the Uruguay Round Agreements approved by 
                the Congress in sections 101(a) and 101(d) of the URAA 
                (19 U.S.C. 3511(a) and (d)) is the Agreement on Trade-
                Related Aspects of Intellectual Property Rights (``the 
                TRIPs Agreement'').

                    (b) Section 104A of title 17, United States Code, 
                as amended by section 514 of the URAA, provides for 
                copyright protection in restored works. Section 
                104A(h), as amended, provides that the date of 
                restoration of a restored copyright shall be the date 
                on which the TRIPs Agreement enters into forcewith 
                respect to the United States, if the source country is 
                a nation [[Page 15845]] adhering to the Berne 
                Convention or a World Trade Organization (WTO) member 
                on such date.
                    (c) Article 65, paragraph 1, of the TRIPs Agreement 
                provides that no WTO member shall be obliged to apply 
                the provisions of this Agreement until one year after 
                the date of entry into force of the WTO Agreement. The 
                date of entry into force of the WTO Agreement with 
                respect to the United States was January 1, 1995.
                    (d) The statement of administrative action, 
                approved by the Congress in section 101(a)(2) of the 
                URAA (19 U.S.C. 3511(a)(2)), provides that, ``in 
                general, copyright will be restored on the date when 
                the TRIPs Agreement's obligations take effect for the 
                United States.''
                    (e) Accordingly, I have decided that it is 
                necessary and appropriate, in order to implement the 
                TRIPs Agreement and to ensure that section 514 of the 
                URAA is appropriately implemented, to proclaim that the 
                date on which the obligations of the TRIPs Agreement 
                will take effect for the United States is January 1, 
                1996.

                6. (a) Section 902(a)(2) of title 17, United States 
                Code, authorizes the President to extend protection 
                under chapter 9 of title 17, United States Code, to 
                mask works of owners who are nationals, domiciliaries, 
                or sovereign authorities of, and to mask works, which 
                are first commercially exploited in, a foreign nation 
                that grants United States mask work owners 
                substantially the same protection that it grants its 
                own nationals and domiciliaries, or that grants 
                protection to such works on substantially the same 
                basis as does chapter 9 of title 17, United States 
                Code.

                    (b) Australia, Canada, Japan, Switzerland, and the 
                Member States of the European Community provide 
                adequate and effective protection for mask works within 
                the meaning of 17 U.S.C. 902(a)(2), and have been 
                subject to interim protection under 17 U.S.C. 914. 
                Consequently, I find that these countries satisfy the 
                requirements of 17 U.S.C. 902(a)(2), and are to be 
                extended full protection under chapter 9 of title 17, 
                United States Code, effective on July 1, 1995.
                    (c) In addition, 17 U.S.C. 902(a)(1)(A)(ii) 
                provides that mask work owners who are nationals, 
                domiciliaries, or sovereign authorities of a foreign 
                nation that is a party to a treaty affording protection 
                to mask works to which the United States is also a 
                party are eligible for protection under chapter 9 of 
                title 17, United States Code. The TRIPs Agreement, 
                which requires all WTO members to provide protection 
                equivalent to that provided under chapter 9 of title 17 
                on the basis of national treatment, is such an 
                agreement. Because the United States is a member of the 
                WTO and thus of the TRIPs Agreement, and because the 
                TRIPs Agreement will be effective for the United States 
                on January 1, 1996, all other WTO members will become 
                eligible for full protection under chapter 9 of title 
                17, United States Code, on January 1, 1996.

                7. Section 491 of the Trade Agreements Act of 1979, as 
                amended (``the 1979 Act'') (19 U.S.C. 2578), requires 
                the President to designate an agency to be responsible 
                for informing the public of the sanitary and 
                phytosanitary standard-setting activities of each 
                international standard-setting organization. I have 
                decided to designate the Department of Agriculture as 
                the agency responsible for providing the public with 
                this information.

                8. (a) 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 MOU''), submitted to 
                the Congress along with the Uruguay Round Agreements, 
                provides for ``an appropriate certificate of origin'' 
                for imports of peanuts and peanut butter and peanut 
                paste from Argentina.

                    (b) Proclamation 6763 proclaimed the Schedule XX 
                tariff rate quotas for peanuts and peanut butter and 
                peanut paste. However, that proclamation did not 
                specify which agency should implement the MOU. 
                [[Page 15846]] 
                    (c) Section 404 of the URAA (19 U.S.C. 3601) 
                requires the President to take such action as may be 
                necessary to ensure that imports of agricultural 
                products do not disrupt the orderly marketing of 
                commodities in the United States.
                    (d) Accordingly, I have decided to delegate to the 
                United States Trade Representative (``the USTR'') my 
                authority under section 404 of the URAA to implement 
                the MOU, through such regulations as the USTR, or, at 
                the direction of the USTR, other appropriate agencies, 
                may issue.

                9. Section 604 of the Trade Act of 1974, as amended (19 
                U.S.C. 2483) (``the 1974 Act''), 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, including but not limited to section 301 
                of title 3, United States Code, section 902(a)(1) and 
                (2) of title 17, United States Code, section 604 of the 
                1974 Act, as amended (19 U.S.C. 2483), section 491 of 
                the 1979 Act, as amended (19 U.S.C. 2578), section 1102 
                of the 1988 Act, as amended (19 U.S.C. 2902), title I 
                of the URAA (19 U.S.C. 3511-3551), and section 404 of 
                the URAA (19 U.S.C. 3601), do hereby proclaim that:

                    (1) To more completely implement the tariff 
                treatment accorded under the Uruguay Round Agreements, 
                the HTS is modified as set forth in the Annex to this 
                proclamation.
                    (2) The obligations of the TRIPs Agreement shall 
                enter into force for the United States on January 1, 
                1996.
                    (3) Australia, Canada, Japan, Switzerland, and the 
                Member States of the European Community shall be 
                extended full protection under chapter 9 of title 17, 
                United States Code, effective on July 1, 1995. In 
                addition, as of January 1, 1996, full protection under 
                chapter 9 of title 17, United States Code, shall be 
                extended to all WTO Members.
                    (4) The Secretary of Agriculture is designated, 
                under section 491 of the 1979 Act, as amended (19 
                U.S.C. 2578), as the official responsible for informing 
                the public of the sanitary and phytosanitary standard-
                setting activities of each international standard-
                setting organization.
                    (5) The USTR is authorized to exercise my authority 
                under section 404 of the URAA (19 U.S.C. 3601) to 
                implement the MOU with Argentina, through such 
                regulations as the USTR, or, at the direction of the 
                USTR, other appropriate agencies, may issue.
                    (6) In order to make conforming changes and 
                technical corrections to certain HTS provisions, 
                pursuant to actions taken in Proclamation 6763, the HTS 
                and Proclamation 6763 are modified as set forth in the 
                Annex to this proclamation.
                    (7) 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.
                    (8) This proclamation shall be effective upon 
                publication in the Federal Register.
                 [[Page 15847]] IN WITNESS WHEREOF, I have hereunto set 
                my hand this twenty-third day of March, 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 nineteenth.

                    (Presidential Sig.)<Clinton1><Clinton2>

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