[House Document 105-86]
[From the U.S. Government Publishing Office]



105th Congress, 1st Session  - - - - - - - - - - - House Document 105-86


 
   EXTENSION OF WAIVER AUTHORITY FOR THE PEOPLE'S REPUBLIC OF CHINA

                               __________

                                MESSAGE

                                  from

                   THE PRESIDENT OF THE UNITED STATES

                              transmitting

 NOTIFICATION OF HIS DETERMINATION THAT A WAIVER OF THE APPLICATION OF 
 SUBSECTIONS (a) AND (b) OF SECTION 402 OF THE TRADE ACT OF 1974 WITH 
 RESPECT TO THE PEOPLE'S REPUBLIC OF CHINA WILL SUBSTANTIALLY PROMOTE 
 THE OBJECTIVES OF SECTION 402 (PRESIDENTIAL DETERMINATION NO. 97-25), 
                    PURSUANT TO 19 U.S.C. 2432(d)(1)




    May 30, 1997.--Message and accompanying papers referred to the 
         Committee on Ways and Means and ordered to be printed


To the Congress of the United States:
    I hereby transmit the document referred to in subsection 
402(d)(1) of the Trade Act of 1974, as amended (the ``Act''), 
with respect to the continuation of a waiver of application of 
subsections (a) and (b) of section 402 of the Act to the 
People's Republic of China. This document constitutes my 
recommendations to continue in effect this waiver for a further 
12-month period and includes my determination that continuation 
of the waiver currently in effect for the People's Republic of 
China will substantially promote the objectives of section 402 
of the Act, and my reasons for such determination.

                                                William J. Clinton.
    The White House, May 29, 1997.


Report to the Congress Concerning the Extension of Waiver Authority for 
                     the People's Republic of China

    Pursuant to subsection 402(d)(1) of the Trading Act of 1974 
(hereinafter ``the Act''), as amended, having determined that 
further extension of the waiver authority granted by subsection 
402(c) of the Act for twelve months will substantially promote 
the objectives of section 402, I have today determined that 
continuation of the waiver currently applicable to China will 
also substantially promote the objectives of section 402 of the 
Act. My determination is attached and incorporated herein.

                  freedom of emigration determination

    China's relatively free emigration policies have continued 
during the past twelve months. In FY-1996, 27,397 U.S. 
immigrant visas were issued to Chinese nationals abroad, up 
about 12 percent from FY-1995. The numerical limitation under 
U.S. law for immigrants from China was fully subscribed. The 
figure of 27,397 includes only immigrant visas issued at U.S. 
consular offices abroad, and does not take into account 
adjustments of status at INS office in the United States.
    In FY-1996, 174,647 U.S. visas were issued worldwide to 
tourists and business visitors from China, a 16 percent 
increase from the FY-1995 total of 150,297. The number of 
nonimmigrant business visas issued to Chinese nationals 
increased by 17 percent in FY-1996 (from 114,202 to 134,072), 
while the number of tourist and combination business/tourist 
visas increased by 12 percent (from 36,095 to 40,575).
    Also in FY-1996, 22,014 students visas (including exchange 
student visas) were issued, a 4 percent increase from the FY-
1995 total of 21,119.
    The higher volume of visas issued in these categories 
generally reflects the overall 21 percent increase in non-
immigrant visa applications (including issuance and refusals) 
at U.S. consular offices in China in FY 1996 from FY 1995 
levels (217,856 to 262,638).
    The principal constraint on increased emigration continues 
to be the capacity and willingness of other nations to absorb 
Chinese immigrants rather than Chinese policy. After 
considering all the relevant information, I have concluded that 
continuing the waiver will preserve the gains already achieved 
on freedom of emigration and encourage further progress.


                  Presidential Determination No. 97-25

                                           The White House,
                                          Washington, May 29, 1997.
Memorandum for the Secretary of State
Subject: Determination Under Subsection 402(d)(1) of the Trade Act of 
        1974, as Amended--Continuation of Waiver Authority

    Pursuant to the authority vested in me under the Trade Act 
of 1974, as amended, Public Law 93-618, 88 Stat. 1978 
(hereinafter ``the Act''), I determine, pursuant to subsection 
402(d)(1) of the Act, 19 U.S.C. 2432(d)(1), that the further 
extension of the waiver authority granted by subsection 402(c) 
of the Act will substantially promote the objectives of section 
402 of the Act. I further determine that continuation of the 
waiver applicable to the People's Republic of China will 
substantially promote the objectives of section 402 of the Act.
    You are authorized and directed to publish this 
determination in the Federal Register.

                                                William J. Clinton.

                                
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