    [United States Statutes at Large, Volume 117, 108th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Proclamation 7741 of December 4, 2003

    To Provide for the Termination of Action Taken With Regard to Imports of
    Certain Steel Products

    By the President of the United States of America
    A Proclamation

    1. Proclamation 7529 of March 5, 2002, implemented actions (safeguard
    measures) of a type described in section 203(a)(3)(A) and (B) of

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    the Trade Act of 1974, as amended (19 U.S.C. 2253(a)(3)(A) and (B)) (the
    ``Trade Act''), with respect to imports of certain flat steel
    (consisting of slabs, plate, hot-rolled steel, cold-rolled steel, and
    coated steel), hot-rolled bar, cold-finished bar, rebar, certain welded
    tubular products, carbon and alloy fittings, stainless steel bar,
    stainless steel rod, tin mill products, and stainless steel wire, as
    defined in paragraph 7 of Proclamation 7529 (collectively, ``certain
    steel products'').
    2. In Proclamation 7529 and Proclamation 7576 of July 3, 2002, I
    authorized the United States Trade Representative (USTR) to further
    consider any request for exclusion of a particular product and upon
    finding that a particular product should be excluded, to modify the
    provisions of the Harmonized Tariff Schedule of the United States (HTS)
    created by the Annex to Proclamation 7529 to exclude such particular
    product from the pertinent safeguard measure established in Proclamation
    7529. Pursuant to that authorization, the USTR published four notices of
    exclusions of products from the safeguard measures in the Federal
    Register at 67 Fed. Reg. 16484 (April 5, 2002), 67 Fed. Reg. 46221 (July
    12, 2002), 67 Fed. Reg. 56182 (August 30, 2002), and 68 Fed. Reg. 15494
    (March 31, 2003). The USTR also published notice in the Federal Register
    of technical corrections to that Annex.
    3. In a Memorandum of March 5, 2002 (67 Fed. Reg. 10593), pursuant to
    section 203(a)(3)(I) of the Trade Act (19 U.S.C. 2253(a)(3)(I)), I
    instructed the Secretary of the Treasury and the Secretary of Commerce
    to establish a system of import licensing to facilitate the monitoring
    of imports of certain steel products. To provide for efficient and fair
    administration of this action, pursuant to section 203(g) of the Trade
    Act, I instructed the Secretary of Commerce to publish regulations in
    the Federal Register establishing such a system of import licensing (the
    ``Licensing System''). Those regulations were published on December 31,
    2002, at 67 Fed. Reg. 79845.
    4. Section 204(a) of the Trade Act (19 U.S.C. 2254(a)) requires the
    United States International Trade Commission (ITC) to monitor
    developments with respect to the domestic industry while action taken
    under section 203 remains in effect. If the initial period of a
    safeguard action exceeds 3 years, then the ITC must submit to the
    President a report on the results of such monitoring not later than the
    date that is the mid-point of the initial period of the safeguard
    action. The ITC report in Investigation Number TA-204-9 was submitted on
    September 19, 2003.
    5. Section 204(b)(1)(A) of the Trade Act (19 U.S.C. 2254(b)(1)(A))
    authorizes the President to reduce, modify, or terminate a safeguard
    action if, after taking into account any report or advice submitted by
    the ITC and after seeking the advice of the Secretary of Commerce and
    the Secretary of Labor, he determines that changed circumstances warrant
    such reduction, modification, or termination. The President's
    determination may be made, inter alia, on the basis that the
    effectiveness of the action taken under section 203 has been impaired by
    changed economic circumstances.
    6. In view of the information provided in the ITC report, and having
    sought advice from the Secretary of Commerce and the Secretary of Labor,
    I determine that the effectiveness of the actions taken under section
    203(a)(3)(A) and (B) of the Trade Act with respect to imports of certain
    steel products and the exclusions from and technical correc

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    117 STAT. 3121

    tions to the coverage of Proclamation 7529 has been impaired by changed
    economic circumstances. Accordingly, I have determined, pursuant to
    section 204(b)(1)(A)(ii), that termination of the actions taken under
    section 203(a)(3)(A) and (B) set forth in Proclamation 7529 taken with
    respect to certain steel imports is warranted. The action taken under
    section 203(a)(3)(I) set forth in the Memorandum of March 5, 2002,
    requiring the licensing and monitoring of imports of certain steel
    products remains in effect and shall not terminate until the earlier of
    March 21, 2005, or such time as the Secretary of Commerce establishes a
    replacement program.
    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, GEORGE W. BUSH, 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 and 604 of the Trade Act and section 301 of title 3, United
    States Code, do proclaim that:
    (1) The HTS is modified as provided in the Annex to this
    proclamation.
    (2) The United States Trade Representative is authorized, upon his
    determination that the Secretary of Commerce has established a
    replacement program pursuant to paragraph 6 of this proclamation, to
    terminate the action under section 203(a)(3)(I) of the Trade Act set
    forth in the Memorandum of March 5, 2002, and the Licensing System and
    to publish notice of this determination and action in the Federal
    Register.
    (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) The modifications to the HTS made by this proclamation shall be
    effective with respect to goods entered, or withdrawn from warehouse for
    consumption, on or after 12:01 a.m., eastern standard time, December 5,
    2003.
    IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
    December, in the year of our Lord two thousand three, and of the
    Independence of the United States of America the two hundred and twenty-
    eighth.
    GEORGE W. BUSH

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