[Federal Register Volume 65, Number 105 (Wednesday, May 31, 2000)]
[Presidential Documents]
[Pages 34899-34902]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13789]



[[Page 34897]]

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Part V





The President





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Proclamation 7314--To Modify the Quantitative Limitations Applicable to 
Imports of Wheat Gluten
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                         Presidential Documents 
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  Federal Register / Vol. 65, No. 105 / Wednesday, May 31, 2000 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 34899]]

                Proclamation 7314 of May 26, 2000

                
To Modify the Quantitative Limitations Applicable 
                to Imports of Wheat Gluten

                By the President of the United States of America

                A Proclamation

                1. On May 30, 1998, pursuant to section 203 of the 
                Trade Act of 1974, as amended (the ``Trade Act'') (19 
                U.S.C. 2253), I issued Proclamation 7103, which imposed 
                quantitative limitations on certain wheat gluten 
                imports provided for in subheadings 1109.00.10 and 
                1109.00.90 of the Harmonized Tariff Schedule of the 
                United States (HTS) for a period of 3 years plus 1 day, 
                with annual increases in such quota limits of 6 percent 
                during the second and the third year. I exempted 
                imports of wheat gluten that is the product of certain 
                countries, including designated beneficiary countries 
                under the Generalized System of Preferences (``GSP 
                countries''), from the application of the quantitative 
                limitations.

                2. On December 1, 1999, the United States International 
                Trade Commission (USITC) issued a report, as required 
                under section 204(a)(2) of the Trade Act (19 U.S.C. 
                2254(a)(2)), on the results of its monitoring of 
                developments with respect to the domestic wheat gluten 
                industry. The USITC report notes that in the 12-month 
                period prior to the imposition of the quota (June 1, 
                1997-May 31, 1998), 440,000 pounds of wheat gluten 
                entered the United States from Poland. During the first 
                quota year (June 1, 1998-May 31, 1999), imports from 
                Poland grew to 5,004,000 pounds, or more than eleven 
                times the amount of the previous year, accounting for 
                2.9 percent of total U.S. imports. The USITC report has 
                been provided to me (Investigation Number TA-204-2). 
                More recent data from the United States Customs Service 
                indicate that in the first 10 months of the second 
                quota year (June 1999-March 2000), imports from Poland 
                totaled 8,965,800 pounds, accounting for 6.9 percent of 
                total U.S. imports.

                3. Section 204(b)(1)(A) of the Trade Act (19 U.S.C. 
                2254(b)(1)(A)) authorizes the President, after taking 
                into account the report of the USITC required under 
                section 204(a)(2) of the Trade Act and seeking advice 
                from the Secretary of Commerce and the Secretary of 
                Labor, to reduce, modify, or terminate an action taken 
                under section 203 of the Trade Act when the President 
                determines that changed economic circumstances so 
                warrant.

                4. After taking into account the information provided 
                in the USITC's report, and after receiving advice from 
                the Secretary of Commerce and the Secretary of Labor, I 
                have determined, on the basis that increased imports of 
                wheat gluten the product of Poland have impaired the 
                effectiveness of the action I proclaimed in 1998 under 
                section 203 of the Trade Act, that changed economic 
                circumstances warrant a modification in the action. 
                Accordingly, I have decided to include in the action 
                imports of wheat gluten the product of Poland, 
                beginning June 1, 2000.

                5. Pursuant to section 203(g) of the Trade Act (19 
                U.S.C. 2253(g)), I have further determined to provide 
                for the efficient and fair administration of the 
                quantitative limitation on imports of wheat gluten by 
                allocating on a quarterly basis the quantitative 
                limitations applicable during the third year of the 
                action.

[[Page 34900]]

                6. Pursuant to section 503(b)(2) of the Trade Act (19 
                U.S.C. 2463(b)(2)), no article shall be eligible for 
                duty-free treatment provided under section 501 of the 
                Trade Act if that article is subject to an action 
                proclaimed under section 203.

                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 of America, including but not limited to 
                sections 204, 503, and 604 of the Trade Act, do 
                proclaim that:

                    (1) In order to modify the scope of the 
                quantitative limitations applicable to imports of wheat 
                gluten under HTS heading 1109, and to allocate the 
                quota quantities for the third quota year on a 
                quarterly basis, subchapter III of chapter 99 of the 
                HTS is modified as set forth in the Annex to this 
                proclamation.
                    (2) Such imported wheat gluten that is the product 
                of Poland shall be included within the scope of the 
                quantitative limitations during the third quota year, 
                as provided in the Annex.
                    (3) 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.
                    (4) Effective at the close of June 1, 2002, or such 
                other date that is 1 year from the close of the action 
                taken under section 203 of the Trade Act, as modified 
                by this proclamation, HTS subheadings 9903.11.08 
                through 9903.11.11 and the superior text thereto shall 
                be deleted from the HTS.
                    (5) Pursuant to section 503(b)(2) of the Trade Act 
                (19 U.S.C. 2463(b)(2)), duty-free treatment for certain 
                wheat gluten that is 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)), is suspended.
                    (6) The modifications to the HTS made by this 
                proclamation and the Annex thereto shall be effective 
                with respect to goods entered, or withdrawn from 
                warehouse for consumption, on or after 12:01 a.m. EDT 
                June 1, 2000, and shall continue in effect through the 
                close of June 1, 2001, unless such actions are earlier 
                expressly modified or terminated.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                twenty-sixth day of May, 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.)

                Billing code 3195-01-P

[[Page 34901]]

                ANNEX

                Section A

                Effective with respect to goods entered, or withdrawn 
                from warehouse for consumption, on or after 12:00 a.m. 
                EDT June 1, 2000, subheading 1109.00.10 and subheading 
                1109.00.90 of the Harmonized Tariff Schedule of the 
                United States are each modified by deleting the symbol 
                ``A'' in the rates of duty 1-special subcolumn.

                Section B

                Effective with respect to goods entered, or withdrawn 
                from warehouse for consumption, on or after 12:00 a.m. 
                EDT June 1, 2000, subheading 9903.11.07 is deleted and 
                the following new subheadings and superior text thereto 
                are inserted in lieu thereof, with the superior text at 
                the same level of indentation as the article 
                description of subheading 9903.11.06:

 
 
 
                                                                                                                                                          ``:Wheat gluten, whether or not dried, except products of Canada,                                                    :
                                                                                                                                                          :of Mexico, of Israel, of beneficiary countries under the Caribbean                                                  :
                                                                                                                                                          :Basin Economic Recovery Act (as enumerated in general note 7 to                                                     :
                                                                                                                                                          :this schedule) or the Andean Trade Preference Act (as enumerated                                                    :
                                                                                                                                                          :in general note 11 to this schedule), or of countries (except Poland)                                               :
                                                                                                                                                          :enumerated in general note 4(a) to this schedule as that note                                                       :
                                                                                                                                                          :existed on June 1, 1998 (provided for in subheadings 1109.00.10                                                     :
                                                                                                                                                          :and 1109.00.90), if entered during the period from June 1, 2000,                                                    :
                                                                                                                                                          :through June 1, 2001, inclusive:                                                                                    :
 


 
 
 
                                  9903.11.08  : If entered during the period from June 1, 2000, through                                                :
                                              : August 31, 2000, in the respective aggregate quantity of                                               :
                                              : goods the product of a foreign country specified below,                                                :
                                              : after which no wheat gluten the product of such country                                                :
                                              : may be entered during the remainder of such period:                                                    :
 


 
 
 
                                                                                    :  Australia......................................    : 7,953,500 kg
                                                                                    :  European Community.............................    : 6,885,750 kg
                                                                                    :  Other countries................................    : 1,318,250 kg
 


 
 
 
                                  9903.11.09  : If entered during the period from September 1, 2000, through                                           :
                                              : through November 30, 2000, in the respective aggregate                                                 :
                                              : quantity of goods the product of a foreign country specified                                           :
                                              : below, after which no wheat gluten the product of such                                                 :
                                              : country may be entered during the remainder of such period:                                            :
 


 
 
 
                                                                                    :  Australia......................................    : 7,953,500 kg
                                                                                    :  European Community.............................    : 6,885,750 kg
                                                                                    :  Other countries................................    : 1,318,250 kg
 


 
 
 
                                  9903.11.10  : If entered during the period from December 1, 2000, through                                            :
                                              : February 28, 2001, in the respective aggregate quantity of                                             :
                                              : goods the product of a foreign country specified below, after                                          :
                                              : which no wheat gluten the product of such country may be                                               :
                                              : entered during the remainder of such period:                                                           :
 


 
 
 
                                                                                    :  Australia......................................    : 7,953,500 kg
                                                                                    :  European Community.............................    : 6,885,750 kg
                                                                                    :  Other countries................................    : 1,318,250 kg
 


[[Page 34902]]


 
 
 
                                  9903.11.11  : If entered during the period from March 1, 2001, through                                               :
                                              : June 1, 2001, in the respective aggregate quantity of goods                                            :
                                              : the product of a foreign country specified below, after which                                          :
                                              : no wheat gluten the product of such country may be entered                                             :
                                              : during the remainder of such period:                                                                   :
 


 
 
 
                                                                                    :  Australia......................................    : 7,953,500 kg
                                                                                    :  European Community.............................    : 6,885,750 kg
                                                                                    :  Other countries................................  : 1,318,250 kg''
 


[FR Doc. 00-13789
Filed 5-30-00; 8:45 am]
BILLING CODE 3190-01-P