[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
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                         Presidential Documents 
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  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