[Federal Register Volume 60, Number 177 (Wednesday, September 13, 1995)]
[Presidential Documents]
[Pages 47663-47676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22951]




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Part V





The President





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Proclamation 6821--To Establish a Tariff-Rate Quota on Certain Tobacco, 
Eliminate Tariffs on Certain Other Tobacco, and for Other Purposes
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                         Presidential Documents 
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  Federal Register / Vol. 60, No. 177 / Wednesday, September 13, 1995 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 47663]]

                Proclamation 6821 of September 12, 1995

                
To Establish a Tariff-Rate Quota on Certain 
                Tobacco,
                Eliminate Tariffs on Certain Other Tobacco, and for
                Other Purposes

                By the President of the United States of America

                A Proclamation

                1. (a) On April 15, 1994, I entered into trade 
                agreements resulting from the Uruguay Round of 
                multilateral trade negotiations (``the Uruguay Round 
                Agreements''), including the Agreement Establishing the 
                World Trade Organization (``the WTO Agreement'') and 
                the General Agreement on Tariffs and Trade 1994 (``the 
                GATT 1994''), annexed to the WTO Agreement. 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 United States approved the Uruguay Round 
                Agreements. These agreements entered into force for the 
                United States on January 1, 1995.

                (b) Section 125(c) of the Trade Act of 1974 (``the 1974 
                Act'')(19 U.S.C. 2135(c)) provides that whenever the 
                United States, acting in pursuance of any of its rights 
                or obligations under any trade agreement entered into 
                pursuant to the 1974 Act, modifies any obligation with 
                respect to the trade of any foreign country or 
                instrumentality, the President is authorized to 
                proclaim increased duties or other import restrictions, 
                to the extent, at such times, and for such periods as 
                he deems necessary or appropriate, in order to exercise 
                the rights or fulfill the obligations of the United 
                States. Section 421 of the Uruguay Round Agreements Act 
                (19 U.S.C. 2135 note) authorizes the President, 
                pursuant to the 1974 Act, to proclaim an increase in 
                any existing duty on certain tobacco to a rate no more 
                than 50 percent above the rate that was set forth in 
                rate column numbered 2 of the Tariff Schedules of the 
                United States, as in effect on January 1, 1975, or no 
                more than 350 percent ad valorem above the rate 
                existing on January 1, 1975, whichever is higher.

                (c) Section 1105(a) of the Omnibus Trade and 
                Competitiveness Act of 1988 (``the 1988 Act'')(19 
                U.S.C. 2904(a)) provides that for purposes of applying 
                section 125 of the 1974 Act, any trade agreement 
                entered into under section 1102 of the 1988 Act (19 
                U.S.C. 2902) shall be treated as an agreement entered 
                into under section 101 or 102, as appropriate, of the 
                1974 Act (19 U.S.C. 2111 and 2112), and any 
                proclamation issued pursuant to such a trade agreement 
                shall be treated as a proclamation issued pursuant to a 
                trade agreement entered into under section 102 of the 
                1974 Act.

                (d) The United States, acting pursuant to its rights 
                and obligations under the Uruguay Round Agreements, in 
                particular Article XXVIII of the GATT 1994, is 
                modifying its obligations with respect to the tariff 
                treatment of certain tobacco to establish a tariff-rate 
                quota for imports of such tobacco.

                (e) Accordingly, I have determined that it is 
                appropriate to proclaim the tariff modifications set 
                forth in Annex I to this proclamation in order to 
                exercise the rights and fulfill the obligations of the 
                United States under the Uruguay Round Agreements. These 
                modifications would, among other things, establish a 
                tariff-rate quota for imports of certain tobacco.

                2. (a) Section 423 of the URAA (19 U.S.C. 3621) 
                authorizes the President to proclaim the reduction or 
                elimination of any duty with respect to cigar 

[[Page 47664]]
                binder and filler tobacco, wrapper tobacco, or oriental tobacco set 
                forth in Schedule XX--United States of America, annexed 
                to the Marrakesh Protocol to the GATT 1994 (``Schedule 
                XX'').

                (b) I have decided to proclaim the elimination of the 
                duties on cigar binder and filler tobacco, wrapper 
                tobacco, and oriental tobacco, as set forth in Annex I 
                to this proclamation.

                3. (a) Section 422(c) of the URAA (7 U.S.C. 1445 note) 
                authorizes the President to waive the application to 
                imported tobacco of section 106(g) of the Agricultural 
                Act of 1949 (7 U.S.C. 1445(g)) if the President 
                determines that the waiver is necessary or appropriate 
                pursuant to an international agreement entered into by 
                the United States.

                (b) I have determined that it is necessary or 
                appropriate pursuant to the Uruguay Round Agreements to 
                waive the application of section 106(g) of the 
                Agricultural Act of 1949 to imports of cigar tobacco. 
                This waiver shall take effect on the effective date of 
                this proclamation.

                4. Presidential Proclamation No. 6641 of December 15, 
                1993, which implemented the North American Free Trade 
                Agreement (``the NAFTA'') with respect to the United 
                States, established a tariff heading in chapter 98 of 
                the Harmonized Tariff Schedules of the United States 
                (``the HTS'') for certain textile and apparel goods 
                assembled in Mexico from fabric wholly formed and cut 
                in the United States. This tariff heading, 9802.00.90, 
                inadvertently narrowed the scope of the agreed duty-
                free treatment, as set forth in Appendix 2.4 to Annex 
                300-B to the NAFTA. I have decided that it is necessary 
                and appropriate to modify heading 9802.00.90 to the HTS 
                to align it with the provisions of the NAFTA, pursuant 
                to section 201(a)(1) of the North American Free Trade 
                Agreement Implementation Act (Public Law 103-182, 107 
                Stat. 2057)(19 U.S.C. 3331(a)(1)).

                5. (a) The March 9, 1994, Memorandum of Understanding 
                on the Results of the Uruguay Round Negotiations on 
                Agriculture Between the United States of America and 
                Uruguay and 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 MOUs'') 
                were submitted to the Congress along with the Uruguay 
                Round Agreements. Each MOU provides that, once the 
                appropriate Department of Agriculture authorities 
                approve the country to ship fresh, chilled or frozen 
                beef to the United States, the in-quota quantity of the 
                United States tariff-rate quota for beef will be 
                increased by 20,000 metric tons, and that increase will 
                be allocated to that country.

                (b) Section 404(d)(4) of the URAA (19 U.S.C. 
                3601(d)(4)) authorizes the President to proclaim an 
                increase in the in-quota quantity of the tariff-rate 
                quota for beef if the President determines that an 
                increase is necessary to implement either MOU.

                (c) Accordingly, pursuant to section 404(d)(4) of the 
                URAA, I have determined that it is necessary to 
                proclaim an increase in the in-quota quantity of the 
                tariff-rate quota for beef as set forth in Annex II to 
                this proclamation, to be effective for each country 
                upon the dates specified therein.

                6. Presidential Proclamation No. 6763 of December 23, 
                1994, implemented the Uruguay Round Agreements, 
                including Schedule XX, with respect to the United 
                States and incorporated in the HTS tariff modifications 
                necessary and appropriate to carry out the Uruguay 
                Round Agreements. Certain technical errors, including 
                inadvertent omissions and typographical errors, were 
                made in that proclamation. I have decided that, in 
                order to reflect accurately the intended tariff 
                treatment provided for in the Uruguay Round Agreements, 
                it is necessary to modify certain provisions of the 
                HTS, as set forth in Annex II to this proclamation.

                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 

[[Page 47665]]
                301 of title 3, United States Code, section 125 of the 1974 Act (19 
                U.S.C. 2135), sections 421, 422(c) and 423 of the URAA 
                (19 U.S.C. 2135 note, 7 U.S.C. 1445 note, and 19 U.S.C. 
                3621, respectively), and section 604 of the 1974 Act 
                (19 U.S.C. 2483), do hereby proclaim:

                (1) In order to exercise the rights and fulfill the 
                obligations of the United States under the WTO 
                Agreement, the HTS is modified as set forth in Annex I 
                to this proclamation.

                (2) The provisions of Annex I to this proclamation 
                shall take effect with respect to articles entered, or 
                withdrawn from warehouse, for consumption on or after 
                the dates specified in such annex.

                (3) Section 106(g) of the Agricultural Act of 1949 (7 
                U.S.C. 1445(g)) is waived with respect to imports of 
                cigar tobacco entered, or withdrawn from warehouse, for 
                consumption on or after the effective date of this 
                proclamation.

                (4) (a) In order to correct certain technical errors, 
                to modify heading 9802.00.90, and to implement certain 
                determinations concerning tariff-rate quotas for 
                Argentina and Uruguay, the HTS is modified as set forth 
                in Annex II to this proclamation.

                (b) Annex I to Presidential Proclamation No. 6343 of 
                September 28, 1991, is amended as set forth in Annex II 
                to this proclamation.

                (c) The modifications made by Annex II to this 
                proclamation shall be effective with respect to goods 
                entered or withdrawn from warehouse for consumption on 
                or after the dates specified in such annex.

                (5) The United States Trade Representative 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 Annex I to this 
                proclamation.

                (6) 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.

                (7) This proclamation is effective on September 13, 
                1995.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twelfth day of September, 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 twentieth.

                    (Presidential Sig.)

                Billing code 3195-01-P

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[FR Doc. 95-22951
Filed 9-12-95; 11:47 am]
Billing code 3190-01-C