[Federal Register Volume 61, Number 234 (Wednesday, December 4, 1996)]
[Presidential Documents]
[Pages 64431-64438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31005]



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Part IV





The President





_______________________________________________________________________



 Proclamation 6961--To Facilitate Positive Adjustment to Competition 
From Imports of Broom Corn Brooms

Memorandum of November 28, 1996--Action Under Section 203 of the Trade 
Act of 1974 Concerning Broom Corn Brooms
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  Federal Register / Vol. 61, No. 234 / Wednesday, December 4, 1996 / 
Presidential Documents  

 ___________________________________________________________________

 Title 3--
 The President

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                Proclamation 6961 of November 28, 1996

                
To Facilitate Positive Adjustment to Competition 
                From
                Imports of Broom Corn Brooms

                By the President of the United States of America

                A Proclamation

                1. On July 2, 1996, the United States International 
                Trade Commission (``USITC'') made an affirmative 
                determination in its investigation under section 202 of 
                the Trade Act of 1974, as amended (``Trade Act'')(19 
                U.S.C. 2252), with respect to imports of broom corn 
                brooms provided for in heading 9603 of the Harmonized 
                Tariff Schedule of the United States (``HTS''). Under 
                section 202 of the Trade Act, the USITC determined that 
                such brooms are 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 found, pursuant to section 311(a) of 
                the North American Free Trade Agreement Implementation 
                Act (``the NAFTA Implementation Act'')(19 U.S.C. 
                3371(a)), that imports of such brooms produced in 
                Mexico, considered individually, account for a 
                substantial share of total imports of broom corn brooms 
                and contribute importantly to the serious injury caused 
                by imports, but that such brooms produced in Canada do 
                not so account or contribute. The USITC's determination 
                and its recommendations to address the serious injury 
                were reported to me on August 1, 1996.

                2. On August 30, 1996, I determined, pursuant to 
                section 312(a) of the NAFTA Implementation Act (19 USC 
                3372(a)), that imports of broom corn brooms from 
                Mexico, considered individually, account for a 
                substantial share of total imports and contribute 
                importantly to the serious injury caused by imports; 
                but that imports of broom corn brooms from Canada do 
                not so account or contribute. Acting pursuant to 
                section 203 of the Trade Act (19 U.S.C. 2253), I 
                determined to take appropriate and feasible action 
                within my power that will facilitate efforts by the 
                domestic industry to make a positive adjustment to 
                competition from imports of broom corn brooms. I 
                further determined that action would not be implemented 
                at that time and directed the United States Trade 
                Representative (``USTR'') to negotiate and conclude, 
                within 90 days, agreements pursuant to the terms of 
                section 203(a)(3)(E) of the Trade Act (19 U.S.C. 
                2253(a)(3)(E)) concerning broom corn brooms exported to 
                the United States, and to carry out any agreements 
                reached. Moreover, I determined that, not later than 
                the end of this 90-day period (November 28, 1996), I 
                would implement action of a type described in section 
                203(a)(3). Such negotiations were undertaken by the 
                USTR but have failed to achieve satisfactory agreements 
                concerning such brooms exported to the United States.

                3. Pursuant to section 203 of the Trade Act (19 U.S.C. 
                2253), and after 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 
                an increase in, or imposition of, any duty on imported 
                brooms (except whisk brooms), wholly or in part of 
                broom corn and provided for in HTS subheading 
                9603.10.50 and, with respect to imports that exceed 
                certain specified annual levels, HTS subheading 
                9603.10.60. Such increase in, or imposition of, duty on 
                such goods shall be effective for a three-year period, 
                and shall apply to imports from all countries, except 
                Canada and Israel and developing

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                countries that account for less than three percent of 
                the relevant imports over a recent representative 
                period. 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.

                4. 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, do proclaim that:

                    (1) (a) In order to apply to specified broom corn 
                brooms (except whisk brooms) that are either produced 
                in Mexico or goods of Mexico under the terms of general 
                note 12 to the HTS for purposes of the NAFTA, or that 
                are products of countries other than Canada or Israel 
                and other than countries enumerated in general note 
                4(a) to the HTS as that note existed on November 28, 
                1996 (except as otherwise specified), the foregoing 
                goods classifiable under HTS subheading 9603.10.50, 
                rates of duty other than those specified for such 
                subheadings in the rates of duty column 1 of the HTS 
                during the three-year period beginning on the effective 
                date of this proclamation, the HTS is modified as 
                provided in section A of the Annex to this 
                proclamation.
                     (b) During the period from November 28, 1996, 
                through November 27, 1999, inclusive, the symbol ``MX'' 
                in parentheses following the ``Free'' rate of duty in 
                the special subcolumn of rates of duty column 1 of the 
                HTS for subheading 9603.10.50 shall be deleted. Upon 
                the close of November 27, 1999, such symbol ``MX'' 
                shall be reinserted in subheading 9603.10.50 in 
                alphabetical sequence in the parentheses following the 
                ``Free'' rate of duty in the special subcolumn of HTS 
                rates of duty column 1, unless the actions taken in 
                this proclamation are earlier expressly modified or 
                terminated.
                     (c) In order to provide that such goods of Mexico 
                under the terms of general note 12 shall be subject to 
                a NAFTA rate of duty during the period from November 
                28, 1999, through December 31, 2004, inclusive, the HTS 
                is further modified as provided in section B of the 
                Annex to this proclamation.
                    (2) In order to establish tariff-rate quotas for 
                brooms classifiable in HTS subheading 9603.10.60 
                (except such brooms that are the product of Israel or 
                goods of Canada under the terms of general note 12 to 
                the HTS) during the period from November 28, 1996, 
                through November 27, 1999, inclusive, the HTS is 
                further modified as provided in section C of the Annex 
                to this proclamation.
                    (3) (a) All broom corn brooms (except whisk brooms) 
                the product of designated beneficiary countries under 
                the CBERA and the ATPA pursuant to HTS general note 
                7(a) and general note 11(a), respectively, the 
                foregoing goods classifiable under HTS subheadings 
                9603.10.50 and 9603.10.60, shall cease to be accorded 
                duty-free entry into the customs territory of the 
                United States during the period from November 28, 1996, 
                through the close of November 27, 1999, inclusive, 
                except as provided in section C of the Annex to this 
                proclamation.
                     (b) During the time period specified in paragraph 
                (3)(a), the symbols ``E,'' and ``J,'' in parentheses 
                following the ``Free'' rate of duty in the special 
                subcolumn of rates of duty column 1 of the HTS for 
                subheadings 9603.10.50 and 9603.10.60 shall be deleted. 
                Upon the close of November 27, 1999, such symbols 
                ``E,'' and ``J,'' shall be reinserted in such 
                subheadings in

[[Page 64433]]

                alphabetical sequence in the parentheses following the 
                ``Free'' rate of duty in the special subcolumn of HTS 
                rates of duty column 1, and eligible goods the product 
                of designated CBERA and ATPA beneficiary countries 
                shall again be accorded duty-free entry into the 
                customs territory of the United States without 
                quantitative limitation, unless the actions taken in 
                this proclamation are earlier expressly modified or 
                terminated.
                    (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 thereto, shall be 
                effective with respect to goods entered, or withdrawn 
                from warehouse for consumption, on or after 12:01 a.m. 
                on November 28, 1996, 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 
                twenty-eighth day of November, in the year of our Lord 
                nineteen hundred and ninety-six, and of the 
                Independence of the United States of America the two 
                hundred and twenty-first.

                    (Presidential Sig.)

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[FR Doc. 96-31005
Filed 12-3-96; 8:45 am]
Billing code 3190-01-C