[Federal Register Volume 64, Number 131 (Friday, July 9, 1999)]
[Presidential Documents]
[Pages 37389-37392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17749]
[[Page 37387]]
_______________________________________________________________________
Part IX
The President
_______________________________________________________________________
Proclamation 7208--To Facilitate Positive Adjustment to Competition
From Imports of Lamb Meat
Presidential Documents
Federal Register / Vol. 64, No. 131 / Friday, July 9, 1999 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 37389]]
Proclamation 7208 of July 7, 1999
To Facilitate Positive Adjustment to Competition
From Imports of Lamb Meat
By the President of the United States of America
A Proclamation
1. On April 5, 1999, 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 fresh, chilled, or frozen
lamb meat, provided for in heading 0204 of the
Harmonized Tariff Schedule of the United States (HTS).
Under section 202 of the Trade Act, the USITC
determined that such lamb meat is being imported into
the United States in such increased quantities as to be
a substantial cause of the threat 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 (the ``NAFTA
Implementation Act'') (19 U.S.C. 3371(a)), made
negative findings with respect to imports of lamb meat
from Canada and Mexico. The USITC also transmitted to
the President its recommendation made pursuant to
section 202(e) of the Trade Act with respect to the
action that would address the threat of 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 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). However, pursuant to section 312(a)
of the NAFTA Implementation Act (19 U.S.C. 3372(a)), I
have determined that imports from Canada and Mexico,
considered individually, do not account for a
substantial share of total imports and do not
contribute importantly to the threat of serious injury
found by the USITC. Accordingly, pursuant to section
312(b) of the NAFTA Implementation Act (19 U.S.C.
3372(b)), I have excluded lamb meat the product of
Canada or Mexico from the action I am taking under
section 203 of the Trade Act.
3. Such action shall take the form of a tariff-rate
quota on imports of fresh, chilled, or frozen lamb
meat, provided for in HTS subheadings 0204.10.00,
0204.22.20, 0204.23.20, 0204.30.00, 0204.42.20, and
0204.43.20, imposed for a period of 3 years plus 1 day,
with annual increases in the within-quota quantities in
the second and third years, as provided for in the
annex to this proclamation.
4. 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 lamb meat
imports, which shall all be excluded from this
restriction, such tariff-rate quota shall apply to
imports of lamb meat from all other countries and the
in-quota quantity in each year 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
[[Page 37390]]
to import competition and provide greater economic and
social benefits than costs.
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 of America, 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:
(1) In order to establish a tariff-rate quota on
imports of fresh, chilled, or frozen lamb meat
classified in HTS subheadings 0204.10.00, 0204.22.20,
0204.23.20, 0204.30.00, 0204.42.20, and 0204.43.20,
subchapter III of chapter 99 of the HTS is modified as
provided in the annex to this proclamation.
(2) Such imported lamb meat that is the product of
Canada, Mexico, Israel, and 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 tariff-rate quota established by
this proclamation, and such imports shall not be
counted toward the tariff-rate quota limits that
trigger the over-quota rates of duty.
(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.
e.d.t. on July 22, 1999, 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
seventh day of July, 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-
fourth.
(Presidential Sig.)
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[FR Doc. 99-17749
[Filed 7-8-99; 11:48 am]
Billing code 3190-01-C