[Federal Register Volume 64, Number 105 (Wednesday, June 2, 1999)]
[Presidential Documents]
[Pages 29773-29775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14150]
[[Page 29771]]
_______________________________________________________________________
Part V
The President
_______________________________________________________________________
Proclamation 7202--To Eliminate Circumvention of the Quantitative
Limitations Applicable to Imports of Wheat Gluten
Presidential Documents
Federal Register / Vol. 64, No. 105 / Wednesday, June 2, 1999 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 29773]]
Proclamation 7202 of May 28, 1999
To Eliminate Circumvention of the Quantitative
Limitations Applicable to 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, pursuant to section 311(a) of the
North American Free Trade Agreement Implementation Act
(NAFTA Implementation Act) (19 U.S.C. 3371(a)), the
USITC made negative findings with respect to imports of
wheat gluten from Canada and Mexico. Pursuant to
section 202(e) of the Trade Act (19 U.S.C. 2253(e)),
the USITC also transmitted to the President its
recommendation on 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. On May 30, 1998, I issued Proclamation 7103, which
implemented action of a type described in section
203(a)(3) of the Trade Act (19 U.S.C. 2253(a)(3)).
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
determined to establish 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 1 day, with annual increases in
such quota limits of 6 percent in the second year and
in the third year. These limitations were to apply to
imports from all countries, and the quota quantity was
to be allocated among such countries, except for
products of Canada, Mexico, Israel, beneficiary
countries under the Caribbean Basin Economic Recovery
Act and the Andean Trade Preference Act, and other
developing countries that accounted for a minor share
of wheat gluten imports that I determined to exclude
from any restriction. Pursuant to section 203(a)(1)(A)
of the Trade Act (19 U.S.C. 2253(a)(1)(A)), I further
determined that these actions would facilitate efforts
by the domestic industry to make a positive adjustment
to import competition and provide greater economic and
social benefits than costs.
3. Despite the quantitative limitations on imports of
wheat gluten, during the first restraint period
quantities of wheat gluten the product of the European
Community have been entered in excess of the allocated
amount.
4. Section 204(b)(2) of the Trade Act (19 U.S.C.
2254(b)(2)) authorizes the President to take such
additional action under section 203 of the Trade Act as
may be necessary to eliminate any circumvention of any
action previously taken under such section. Pursuant to
section 204(b)(2) of the Trade Act, I have determined
it is appropriate and feasible to take additional
action pursuant to section 203(a)(3) of the Trade Act.
Such action shall take the form of a reduction in the
European Community's 1999/2000 wheat
[[Page 29774]]
gluten quota allotment in the amount of 5,204,000 kg,
which represents the amount of wheat gluten that
entered the United States in excess of the European
Community's 1998 quota allocation. I determine this
action is necessary to eliminate circumvention of the
safeguard action previously undertaken in Proclamation
7103.
5. 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, 204, and 604 of the Trade Act, do proclaim that:
(1) The allocation of the quota quantity for wheat
gluten for the restraint period from June 1, 1999,
through May 31, 2000, inclusive, that was accorded to
wheat gluten the product of the European Community by
the Annex to Presidential Proclamation 7103 of May 30,
1998, as set forth in subheading 9903.11.06 of
subchapter III, chapter 99 of the HTS, is modified by
striking the allocated quota quantity set forth for the
European Community ``25,983,000 kg'' from such
subheading and by inserting in lieu thereof the new
allocated quota quantity for the European Community
``20,581,000 kg''.
(2) In order to ensure that any imports of wheat
gluten the product of any country, or the product of
the European Community, having an allocated share of
the quantitative restraints set forth in subheadings
9903.11.05 through 9903.11.07, inclusive, of the HTS
and superior text thereto, are limited to the specified
share during a quota period, the HTS is modified by
adding at the end of U.S. Note 7 to subchapter III of
chapter 99 the following new paragraph:
``Whenever a quantity is allocated to a country, to
`other countries' or to the European Community
under such subheadings, and the quota quantity
specified for such country or countries or for the
European Community has been entered for the
specified restraint period, any shipments of wheat
gluten the product of such country or countries or
of the European Community entered in excess of such
allocated quota quantity shall be charged to the
allocation for such country or countries or for the
European Community for the subsequent restraint
period. If the allocated quantity for a country or
countries or for the European Community under
subheading 9903.11.07, including any quantity
carried over from the restraint periods provided
for in subheadings 9903.11.05 and 9903.11.06 and
charged against the appropriate allocation under
subheading 9903.11.07, has been entered, any
imports in excess of the allocated quota quantity
for a country or countries or for the European
Community shall be entered into bonded warehouse or
shall be exported, and shall not be entered into
the customs territory of the United States until
12:00 a.m. e.d.t. June 1, 2001. The Secretary of
the Treasury is authorized to take any necessary
action in order to ensure that no shipments in
excess of the allocation for a country or countries
or for the European Community for the period from
June 1, 2000 through June 1, 2001, inclusive, is
entered into the customs territory of the United
States.''
(3) Subheading 9903.11.06 is modified by inserting
after ``Other'' the word ``countries''.
(4) Any provision of any previous proclamation or
Executive order that is inconsistent with the actions
taken in this proclamation is superseded to the extent
of such inconsistency.
[[Page 29775]]
(5) The modifications made in this proclamation
shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after
12:01 a.m. e.d.t. on June 1, 1999, and shall continue
in effect as provided until 11:59 p.m. e.d.t. on June
1, 2001, unless such actions are earlier expressly
modified or terminated.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-eighth day of May, in the year of our Lord
nineteen hundred and ninety-nine, and of the
Independence of the United States of America the two
hundred and twenty-third.
(Presidential Sig.)
[FR Doc. 99-14150
Filed 6-1-99; 10:59 am]
Billing code 3195-01-P