[Federal Register Volume 63, Number 106 (Wednesday, June 3, 1998)]
[Presidential Documents]
[Pages 30359-30361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14931]
[[Page 30357]]
_______________________________________________________________________
Part IV
The President
_______________________________________________________________________
Proclamation 7103--To Facilitate Positive Adjustment to Competition
From Imports of Wheat Gluten
Memorandum of May 30, 1998--Action Under Section 203 of the Trade Act
of 1974 Concerning Wheat Gluten
Presidential Documents
Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 30359]]
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:
[[Page 30360]]
(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 and
twenty-second.
(Presidential Sig.)
Billing code 3195-01-P
[[Page 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
Billing code 3190-01-M