[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.)

Billing code 3195-01-P

[[Page 37391]]

[GRAPHIC] [TIFF OMITTED] TD09JY99.033



[[Page 37392]]

[GRAPHIC] [TIFF OMITTED] TD09JY99.034


[FR Doc. 99-17749
[Filed 7-8-99; 11:48 am]
Billing code 3190-01-C