[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Presidential Documents]
[Pages 1007-1011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X95-110104]




[[Page 1005]]

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Part III





The President





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Proclamation 6763--To Implement the Trade Agreements Resulting From the 
Uruguay Round of Multilateral Trade Negotiations, and for Other 
Purposes
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                         Presidential Documents 
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  Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / 
Presidential Documents  

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 Title 3--
 The President  
[[Page 1007]] 


                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)) 
                [[Page 1008]] 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 [[Page 1009]] 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; 
                [[Page 1010]] 
                    (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. [[Page 1011]] 

                (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 ninety-four, and of the 
                Independence of the United States of America the two 
                hundred and nineteenth.

                    (Presidential Sig.)>

Billing Code 3195-01-P