[Federal Register Volume 65, Number 34 (Friday, February 18, 2000)]
[Presidential Documents]
[Pages 8621-8627]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4198]



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Part V





The President





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Proclamation 7273--To Facilitate Positive Adjustment to Competition 
From Imports of Certain Steel Wire Rod



Memorandum of February 16, 2000--Action Under Section 203 of the Trade 
Act of 1974 Concerning Steel Wire Rod
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                         Presidential Documents 
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  Federal Register / Vol. 65, No. 34 / Friday, February 18, 2000 / 
Presidential Documents  

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 Title 3--
 The President

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                Proclamation 7273 of February 16, 2000

                
To Facilitate Positive Adjustment to Competition 
                From Imports of Certain Steel Wire Rod

                By the President of the United States of America

                A Proclamation

                1. On July 12, 1999, the United States International 
                Trade Commission (USITC) transmitted to the President a 
                report on 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 certain steel 
                wire rod provided for in subheadings 7213.91, 7213.99, 
                7227.20 and 7227.90.60 of the Harmonized Tariff 
                Schedule of the United States (HTS). The USITC 
                commissioners were equally divided with respect to the 
                determination required under section 202(b) of the 
                Trade Act (19 U.S.C. 2252(b)) regarding whether such 
                steel wire rod is being imported into the United States 
                in such increased quantities as to be a substantial 
                cause of serious injury, or threat of serious injury, 
                to the domestic industry producing a like or directly 
                competitive article.

                2. Section 330(d)(1) of the Tariff Act of 1930, as 
                amended (the ``Tariff Act'') (19 U.S.C. 1330(d)(1)) 
                provides that when the USITC is required to determine 
                under section 202(b) of the Trade Act whether increased 
                imports of an article are a substantial cause of 
                serious injury, or the threat thereof, and the 
                commissioners voting are equally divided with respect 
                to such determination, then the determination agreed 
                upon by either group of commissioners may be considered 
                by the President as the determination of the USITC. 
                Having reviewed the determinations of both groups of 
                commissioners, I have decided to consider the 
                determination of the group of commissioners voting in 
                the affirmative to be the determination of the USITC.

                3. 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 
                made negative findings with respect to imports of steel 
                wire rod from Mexico and Canada. The USITC 
                commissioners voting in the affirmative also 
                transmitted to the President their recommendations made 
                pursuant to section 202(e) of the Trade Act (19 U.S.C. 
                2252(e)) with respect to the action that would address 
                the serious injury or threat thereof to the domestic 
                industry and be most effective in facilitating the 
                efforts of the domestic industry to make a positive 
                adjustment to import competition.

                4. 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) and to provide exclusions for 
                enumerated steel wire rod products (``excluded 
                products''). Pursuant to section 312(a) of the NAFTA 
                Implementation Act (19 U.S.C. 3372(a)), I have 
                determined that imports of steel wire rod from Mexico, 
                considered individually, do not account for a 
                substantial share of total imports and do not 
                contribute importantly to the serious injury, or threat 
                of serious injury, found by the USITC, and that imports 
                from Canada, considered individually, do not contribute 
                importantly to such injury or threat. Accordingly, 
                pursuant to section 312(b) of the NAFTA Implementation 
                Act (19 U.S.C. 3372(b)), I have excluded steel wire rod 
                the product of Mexico or Canada from the action I am 
                taking under section 203 of the Trade Act.

[[Page 8622]]

                5. Such action shall take the form of a tariff-rate 
                quota on imports of steel wire rod (other than excluded 
                products), provided for in HTS subheadings 7213.91, 
                7213.99, 7227.20 and 7227.90.60, imposed for a period 
                of 3 years plus 1 day, with annual increases in the 
                within-quota quantities and annual reductions in the 
                rate of duty applicable to goods entered in excess of 
                those quantities in the second and third years, as 
                provided for in the Annex to this proclamation.

                6. Except for products of Mexico and of Canada, which 
                shall all be excluded from this restriction, such 
                tariff-rate quota shall apply to imports of steel wire 
                rod from all 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 this 
                action will facilitate efforts by the domestic industry 
                to make a positive adjustment to import competition and 
                provide greater economic and social benefits than 
                costs.

                7. 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, do proclaim 
                that:

                    (1) In order to establish a tariff-rate quota on 
                imports of steel wire rod (other than excluded 
                products), classified in HTS subheadings 7213.91, 
                7213.99, 7227.20 and 7227.90.60, subchapter III of 
                chapter 99 of the HTS is modified as provided in the 
                Annex to this proclamation.
                    (2) Such imported steel wire rod that is the 
                product of Mexico or of Canada 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) I hereby suspend, pursuant to section 503(c)(1) 
                of the Trade Act (19 U.S.C. 2463(c)(1)), duty-free 
                treatment for steel wire rod the product of beneficiary 
                countries under the Generalized System of Preferences 
                (GSP) (Title V of the Trade Act, as amended (19 U.S.C. 
                2461-2467)); pursuant to section 213(e)(1) of the 
                Caribbean Basin Economic Recovery Act, as amended 
                (CBERA) (19 U.S.C. 2703(e)(1)), duty-free treatment for 
                steel wire rod the product of beneficiary countries 
                under that Act (19 U.S.C. 2701-2707); pursuant to 
                section 204(d)(1) of the Andean Trade Preference Act, 
                as amended (ATPA)(19 U.S.C. 3203(d)(1)), duty-free 
                treatment for steel wire rod the product of beneficiary 
                countries under that Act (19 U.S.C. 3201-3206); and 
                pursuant to section 403(a) of the Trade and Tariff Act 
                of 1984 (19 U.S.C. 2112 note), duty-free treatment for 
                steel wire rod the product of Israel under the United 
                States-Israel Free Trade Area Implementation Act of 
                1985 (the ``IFTA Act'') (19 U.S.C. 2112 note), to the 
                extent necessary to apply the tariff-rate quota to 
                those products, as specified in the Annex to this 
                proclamation.
                    (4) During each of the first three quarters of a 
                quota year, any articles subject to the tariff-rate 
                quota that are entered, or withdrawn from warehouse for 
                consumption, in excess of one-third of the annual 
                within-quota quantity for that quota year (as specified 
                in the Annex to this proclamation) shall be subject to 
                the over-quota rate of duty then in effect. During the 
                fourth quarter of a quota year, any articles subject to 
                the tariff-rate quota that are entered, or withdrawn 
                from warehouse for consumption, in excess of the 
                remaining quantity of the annual within-quota quantity 
                for that quota year shall be subject to the over-quota 
                rate of duty then in effect. The remaining quantity 
                shall be determined by subtracting the total quantity 
                of goods entered at the in-quota rate during the first 
                three quarters of the quota year from the annual 
                within-quota quantity for that quota year.

[[Page 8623]]

                    (5) Effective at the close of March 1, 2003, or at 
                the close of the date which may earlier be proclaimed 
                by the President as the termination of the import 
                relief set forth in the Annex to this proclamation, the 
                suspension of duty-free treatment under the GSP, the 
                CBERA, the ATPA and the IFTA Act shall terminate, 
                unless otherwise provided in such later proclamation, 
                and qualifying goods the product of beneficiary 
                countries or of Israel entered under such programs 
                shall again be eligible for duty-free treatment.
                    (6) Effective at the close of March 1, 2004, or 
                such other date that is one year from the close of this 
                relief, the U.S. note and tariff provisions established 
                in the Annex to this proclamation shall be deleted from 
                the HTS.
                    (7) 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.
                    (8) 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 March 1, 
                2000, 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 
                sixteenth day of February, in the year of our Lord two 
                thousand, and of the Independence of the United States 
                of America the two hundred and twenty-fourth.

                    (Presidential Sig.)

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[FR Doc. 00-4198
Filed 2-17-00; 11:42 am]
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