United States Statutes at Large, Volume 123, 111th Congress, 1st Session

[United States Statutes at Large, Volume 123, 111th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

 
PROCLAMATION 8414--SEPT. 11, 2009

Proclamation 8414 of September 11, 2009
To Address Market Disruption From Imports of Certain Passenger Vehicle
and Light Truck Tires From the People's Republic of China
By the President of the United States of America
A Proclamation

1. On July 9, 2009, the United States International Trade Commission
(USITC) transmitted to me a report on its investigation under section
421 of the Trade Act of 1974, as amended (the ``Trade Act'') (19 U.S.C.

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2451), with respect to imports of certain passenger vehicle and light
truck tires from the People's Republic of China (China). In its report,
the USITC stated that it had reached an affirmative determination under
section 421(b)(1) of the Trade Act that certain passenger vehicle and
light truck tires from China are being imported into the United States
in such increased quantities or under such conditions as to cause or
threaten to cause market disruption to the domestic producers of like or
directly competitive products.
2. For purposes of its investigation, the USITC defined certain
passenger vehicle and light truck tires from China as new pneumatic
tires, of rubber, from China, of a kind used on motor cars (except
racing cars) and on-the-highway light trucks, vans, and sport utility
vehicles, provided for in subheadings 4011.10.10, 4011.10.50,
4011.20.10, and 4011.20.50 of the Harmonized Tariff Schedule of the
United States (HTS).
3. The USITC commissioners voting in the affirmative under section
421(b) of the Trade Act also transmitted to me their recommendations
made pursuant to section 421(f) of the Trade Act (19 U.S.C. 2451(f)) on
proposed remedies that, in their view, would be necessary to remedy the
market disruption and the basis for each recommendation.
4. Pursuant to section 421(a) of the Trade Act (19 U.S.C. 2451(a)), I
have determined to provide import relief with respect to new pneumatic
tires, of rubber, from China, of a kind used on motor cars (except
racing cars) and on-the-highway light trucks, vans, and sport utility
vehicles, provided for in subheadings 4011.10.10, 4011.10.50,
4011.20.10, and 4011.20.50 of the HTS.
5. Such import relief shall take the form of an additional duty on
imports of the products described in paragraph 4, imposed for a period
of 3 years. For the first year, the additional duty shall be in the
amount of 35 percent ad valorem above the column 1 general rate of duty.
For the second year, the additional duty shall be in the amount of 30
percent ad valorem above the column 1 general rate of duty, and in the
third year, the additional duty shall be in the amount of 25 percent ad
valorem above the column 1 general rate of duty.
6. Section 421(m) of the Trade Act (19 U.S.C. 2451(m)) provides that
import relief under this section shall take effect not later than 15
days after the President's determination to provide such relief.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the 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, BARACK OBAMA, 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
sections 421 and 604 of the Trade Act, do proclaim that:
(1) In order to apply additional duties on imports of the certain
passenger vehicle and light truck tires from China described in
paragraph 4, subchapter III of chapter 99 of the HTS is modified as
provided in the Annex to this proclamation.

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123 STAT. 3694

(2) The modifications to the HTS made by this proclamation, including
the Annex thereto, shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on
September 26, 2009, and shall continue in effect as provided in this
proclamation and its Annex, unless such actions are earlier expressly
modified or terminated.
(3) 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.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
September, in the year of our Lord two thousand nine, and of the
Independence of the United States of America the two hundred and thirty-
fourth.
BARACK OBAMA

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