[Federal Register Volume 63, Number 235 (Tuesday, December 8, 1998)]
[Presidential Documents]
[Pages 67761-67763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32737]



[[Page 67759]]

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Part IV





The President





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Proclamation 7154--To Terminate Temporary Duties on Imports of Broom 
Corn Brooms
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                         Presidential Documents 
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  Federal Register / Vol. 63, No. 235 / Tuesday, December 8, 1998 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 67761]]

                Proclamation 7154 of December 3, 1998

                
To Terminate Temporary Duties on 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 were 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, pursuant to section 311(a) of the North 
                American Free Trade Agreement Implementation Act (``the 
                NAFTA Implementation Act'') (19 U.S.C. 3371(a)), the 
                USITC found that imports of such brooms produced in 
                Mexico, considered individually, accounted for a 
                substantial share of total imports of broom corn brooms 
                and contributed importantly to the serious injury 
                caused by imports, but that such brooms produced in 
                Canada did 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 November 28, 1996, pursuant to section 203 of the 
                Trade Act (19 U.S.C. 2253), I issued Proclamation 6961, 
                which temporarily increased or imposed duties 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 exceeded 
                certain specified annual levels, HTS subheading 
                9603.10.60. The increase in, or imposition of, duties 
                was made effective for a three-year period for imports 
                from all countries, except Canada and Israel and 
                developing 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 
                determined that this action would facilitate efforts by 
                the domestic industry to make a positive adjustment to 
                import competition and would provide greater economic 
                and social benefits than costs. On January 27, 1997, I 
                issued Proclamation 6969, making certain technical 
                corrections to the HTS provisions covered by 
                Proclamation 6961.

                3. On May 11, 1998, acting under my delegation of 
                authority, and pursuant to section 332(g) of the Tariff 
                Act of 1930 (19 U.S.C. 1332(g)), the United States 
                Trade Representative asked the USITC to provide a 
                report on developments with respect to the domestic 
                broom corn broom industry since November 28, 1996, 
                including the progress and specific efforts made by 
                workers and firms in the industry to make a positive 
                adjustment to import competition. The USITC report in 
                Investigation Number 332-394, issued August 10, 1998, 
                has been provided to me.

                4. Following issuance of the USITC report, I received 
                advice from the Secretary of Commerce and the Secretary 
                of Labor, as well as from other interested agencies, 
                regarding the effectiveness of efforts undertaken by 
                the domestic broom corn broom industry to make a 
                positive adjustment to import competition.

[[Page 67762]]

                5. Section 204(b)(1)(A) of the Trade Act (19 U.S.C. 
                2254(b)(1)(A)) authorizes the President to reduce, 
                modify, or terminate a safeguard action if, after 
                taking into account any report or advice submitted by 
                the USITC and receiving advice from the Secretary of 
                Commerce and the Secretary of Labor, the President 
                determines that changed circumstances warrant the 
                reduction, modification, or termination. The 
                President's determination may be made, inter alia, on 
                the basis that the domestic industry has not made 
                adequate efforts to make a positive adjustment to 
                import competition. Under section 201(b) of the Trade 
                Act (19 U.S.C. 2251(b)), a positive adjustment occurs 
                when the domestic industry is able to compete 
                successfully with imports after the termination of the 
                import relief or when the domestic industry experiences 
                an orderly transfer of resources to other productive 
                pursuits, and when dislocated workers in the industry 
                experience an orderly transition to productive 
                pursuits.

                6. In view of the information provided in the USITC's 
                report, and based on advice from the Secretary of 
                Commerce and the Secretary of Labor, I find that the 
                broom corn broom industry has not made adequate efforts 
                to make a positive adjustment to import competition. 
                Accordingly, I have determined pursuant to section 
                204(b)(1)(A) of the Trade Act that termination of the 
                action I took under section 203 of that Act with 
                respect to broom corn broom imports is warranted.

                7. Section 604 of the Trade Act (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 
                204 and 604 of the Trade Act, do proclaim that:

                    (1) The HTS is modified as provided in the Annex to 
                this proclamation.
                    (2) 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.
                    (3) The modifications to the HTS made by this 
                proclamation shall be effective with respect to goods 
                entered, or withdrawn from warehouse for consumption, 
                on or after the date specified in the Annex hereto.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                third day of December, 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-third.

                    (Presidential Sig.)

                Billing code 3195-01-P

[[Page 67763]]

                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 the date of 
                signature of this proclamation, chapters 96 and 99 of 
                the Harmonized Tariff Schedule of the United States are 
                hereby modified as follows:

                a. Subheading 9603.10.50 is modified by inserting in 
                alphabetical sequence in the parenthetical expression 
                in column 1-special the symbol ``,MX''.

                b. Subheadings 9903.96.01 through 9903.96.19, 
                inclusive, and any superior text related thereto are 
                deleted.

                c. Subheading 9906.96.02 is modified by striking 
                ``32.5%'' from column 1-special and by inserting in 
                lieu thereof ``22.4%''. The provisions of Presidential 
                Proclamation 6961 suspending previously proclaimed 
                concessions regarding brooms, wholly or in part of 
                broom corn, that are goods of Mexico under the terms of 
                general note 12 to the tariff schedule are terminated, 
                and all such previously proclaimed concessions, under 
                Proclamation 6641 of December 15, 1993, shall be 
                implemented as scheduled in such Proclamation.

[FR Doc. 98-32737
Filed 12-7-98; 8:45 am]
Billing code 3190-01-M