[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Presidential Documents]
[Pages 47861-47863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-22507]



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Part II





The President





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Proclamation 8414--To Address Market Disruption From Imports of Certain 
Passenger Vehicle and Light Truck Tires From the People's Republic of 
China
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  Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 47861]]

                Proclamation 8414 of September 11, 2009

                
To Address Market Disruption From Imports of 
                Certain Passenger Vehicle and Light Truck Tires From 
                the People's Republic of China

                By the President of the United States of America

                A Proclamation

                1. On July 9, 2009, the United States International 
                Trade Commission (USITC) transmitted to me a report on 
                its investigation under section 421 of the Trade Act of 
                1974, as amended (the ``Trade Act'') (19 U.S.C. 2451), 
                with respect to imports of certain passenger vehicle 
                and light truck tires from the People's Republic of 
                China (China). In its report, the USITC stated that it 
                had reached an affirmative determination under section 
                421(b)(1) of the Trade Act that certain passenger 
                vehicle and light truck tires from China are being 
                imported into the United States in such increased 
                quantities or under such conditions as to cause or 
                threaten to cause market disruption to the domestic 
                producers of like or directly competitive products.

                2. For purposes of its investigation, the USITC defined 
                certain passenger vehicle and light truck tires from 
                China as new pneumatic tires, of rubber, from China, of 
                a kind used on motor cars (except racing cars) and on-
                the-highway light trucks, vans, and sport utility 
                vehicles, provided for in subheadings 4011.10.10, 
                4011.10.50, 4011.20.10, and 4011.20.50 of the 
                Harmonized Tariff Schedule of the United States (HTS).

                3. The USITC commissioners voting in the affirmative 
                under section 421(b) of the Trade Act also transmitted 
                to me their recommendations made pursuant to section 
                421(f) of the Trade Act (19 U.S.C. 2451(f)) on proposed 
                remedies that, in their view, would be necessary to 
                remedy the market disruption and the basis for each 
                recommendation.

                4. Pursuant to section 421(a) of the Trade Act (19 
                U.S.C. 2451(a)), I have determined to provide import 
                relief with respect to new pneumatic tires, of rubber, 
                from China, of a kind used on motor cars (except racing 
                cars) and on-the-highway light trucks, vans, and sport 
                utility vehicles, provided for in subheadings 
                4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of 
                the HTS.

                5. Such import relief shall take the form of an 
                additional duty on imports of the products described in 
                paragraph 4, imposed for a period of 3 years. For the 
                first year, the additional duty shall be in the amount 
                of 35 percent ad valorem above the column 1 general 
                rate of duty. For the second year, the additional duty 
                shall be in the amount of 30 percent ad valorem above 
                the column 1 general rate of duty, and in the third 
                year, the additional duty shall be in the amount of 25 
                percent ad valorem above the column 1 general rate of 
                duty.

                6. Section 421(m) of the Trade Act (19 U.S.C. 2451(m)) 
                provides that import relief under this section shall 
                take effect not later than 15 days after the 
                President's determination to provide such relief.

                7. Section 604 of the Trade Act (19 U.S.C. 2483) 
                authorizes the President to embody in the HTS the 
                substance of the provisions of that Act, and of other 
                acts affecting import treatment, and actions 
                thereunder, including

[[Page 47862]]

                the removal, modification, continuance, or imposition 
                of any rate of duty or other import restriction.

                NOW, THEREFORE, I, BARACK OBAMA, 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 421 and 604 of the Trade Act, do proclaim 
                that:

                (1) In order to apply additional duties on imports of 
                the certain passenger vehicle and light truck tires 
                from China described in paragraph 4, subchapter III of 
                chapter 99 of the HTS is modified as provided in the 
                Annex to this proclamation.

                (2) The modifications to the HTS made by this 
                proclamation, including 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 on September 26, 2009, and shall continue in effect 
                as provided in this proclamation and its Annex, unless 
                such actions are earlier expressly modified or 
                terminated.

                (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.

                IN WITNESS WHEREOF, I have hereunto set my hand this 
                eleventh day of September, in the year of our Lord two 
                thousand nine, and of the Independence of the United 
                States of America the two hundred and thirty-fourth.
                
                
                    (Presidential Sig.)

Billing code 3195-W9-P

[[Page 47863]]

[GRAPHIC] [TIFF OMITTED] TD17SE09.000


[FR Doc. E9-22507 Filed 9-16-09; 8:45 am]
Billing code 7020-02-C