[Weekly Compilation of Presidential Documents Volume 30, Number 51 (Monday, December 26, 1994)]
[Pages 2526-2529]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 6763--To Implement the Trade Agreements Resulting From the 
Uruguay Round of Multilateral Trade Negotiations, and for Other Purposes

December 23, 1994

By the President of the United States

of America

A Proclamation

    1. On April 15, 1994, the President entered into trade agreements 
resulting from the Uruguay Round of multilateral trade negotiations 
(``the Uruguay Round Agreements''). In section 101(a) of the Uruguay 
Round Agreements Act (``the URAA'') (Public Law 103-465; 108 Stat. 
4809), the Congress approved the Uruguay Round Agreements listed in 
section 101(d) of that Act.
    2. (a) Sections 1102(a) and (e) of the Omnibus Trade and 
Competitiveness Act of 1988, as amended (`` the 1988 Act'') (19 U.S.C. 
2902(a) and (e)), authorize the President to proclaim such modification 
or continuance of any existing duty, such continuance of existing duty-
free or excise treatment, or such additional duties, as he determines to 
be required or appropriate to carry out any trade agreements entered 
into under those sections.
      (b) Accordingly, I have determined that it is required or 
appropriate in order to carry out the Uruguay Round Agreements, which 
were entered into under sections 1102(a) and (e) of the 1988 Act (19 
U.S.C. 2902(a) and (e)), that I proclaim the modifications and 
continuances of existing duties, duty-free treatments, excise 
treatments, and additional duties set forth in the Annex to this 
proclamation.
    3. (a) Section 111(a) of the URAA authorizes the President to 
proclaim such other modification of any duty, such other staged rate 
reduction, or such other additional duties beyond those authorized by 
section 1102 of the 1988 Act (19 U.S.C. 2902) as the President 
determines to be necessary or appropriate to carry out Schedule XX--
United States of America, annexed to the Marrakesh Protocol to the 
General Agreement on Tariffs and Trade 1994 (``Schedule XX'').
      (b) Accordingly, I have determined that it is necessary or 
appropriate to carry out Schedule XX to proclaim such other 
modifications of duties, such other staged rate reductions, and such 
other additional duties, beyond those authorized by section 1102 of the 
1988 Act (19 U.S.C. 2902), as are set forth in the Annex to this 
proclamation.
    4. Section 111(d) of the URAA requires the President to proclaim the 
rate of duty set forth in Column B of the table set forth in that 
section as the column 2 rate of duty for the subheading of the 
Harmonized Tariff Schedule of the United States (``HTS'') that 
corresponds to the subheading in Schedule XX listed in Column A.
    5. (a) Section 22(f) of the Agricultural Adjustment Act (``the 
Adjustment Act'') (7 U.S.C. 624(f)), as amended by section 401(a)(1) of 
the URAA, provides that, as of the date of entry into force of the 
Agreement Establishing the World Trade Organization (``the WTO 
Agreement''), no quantitative limitation or fee shall be imposed under 
that section with respect to any article that is the product of a World 
Trade Organization member, as defined in section 2(10) of the URAA.
      (b) Section 401(a)(2) of the URAA further provides that, with 
respect to wheat, amended section 22(f) of the Adjustment Act (7 U.S.C. 
624(f)) shall be effective on the later of the date of entry into force 
of the WTO Agreement or September 12, 1995.
      (c) Accordingly, I have decided that it is necessary to provide 
for the termination of all quantitative limitations and fees previously 
proclaimed under section 22 of the Adjustment Act (7 U.S.C. 624), other 
than those for wheat, as provided in the Annex to this proclamation.
    6. (a) Section 404(a) of the URAA directs the President to take such 
action as may be necessary in implementing the tariff-rate quotas set 
out in Schedule XX to ensure that

[[Page 2527]]

imports of agricultural products do not disrupt the orderly marketing of 
commodities in the United States.
      (b) Section 404(d)(3) of the URAA authorizes the President to 
allocate the in-quota quantity of a tariff-rate quota for any 
agricultural product among supplying countries or customs areas and to 
modify any allocation, as he determines appropriate.
      (c) Section 404(d)(5) of the URAA authorizes the President to 
proclaim additional U.S. note 3 to chapter 17 of the HTS, dealing with 
imports of sugar, together with appropriate modifications thereto, to 
reflect Schedule XX.
      (d) Section 405 of the URAA directs the President to cause to be 
published in the Federal Register the list of special safeguard 
agricultural goods and, if appropriate, to impose price-based or volume-
based safeguards with respect to such goods consistent with Article 5 of 
the Agreement on Agriculture annexed to the WTO Agreement, and 
authorizes the President to exempt from any safeguard duty any goods 
originating in a country that is a party to the North American Free 
Trade Agreement (``the NAFTA'').
    7. Presidential Proclamation No. 6641 of December 15, 1993, 
implemented the NAFTA with respect to the United States and, pursuant to 
sections 201 and 202 of the North American Free Trade Agreement 
Implementation Act (``the NAFTA Act'') (19 U.S.C. 3331 and 3332), 
incorporated in the HTS the tariff modifications and rules of origin 
necessary or appropriate to carry out or apply the NAFTA. Certain 
technical errors were made in the Annexes to that proclamation. I have 
determined that, in order to reflect accurately the intended tariff 
treatment and rules of origin provided for in the NAFTA, it is necessary 
to modify certain provisions of the HTS, as set forth in the Annex to 
this proclamation.
    8. Presidential Proclamation No. 6455 of July 2, 1992, implementing 
the Andean Trade Preference Act (``the ATPA'') (19 U.S.C. 3201 et seq.), 
provided duty-free entry for all eligible articles, and duty reductions 
for certain other articles that are the product of any designated 
beneficiary country under that Act. Through technical error, the tariff 
treatment of ethyl alcohol, ethyl tertiary-butyl ether, and mixtures 
containing these products was incompletely stated. Accordingly, I have 
decided that it is appropriate to modify the provisions of subchapter I 
of chapter 99 of the HTS to provide fully for the tariff treatment of 
such products under the ATPA.
    9. Section 242 of the Compact of Free Association (``the Compact'') 
between the United States and Palau provides that, upon implementation 
of the Compact, the President shall proclaim duty-free entry for most 
products of designated freely associated states. Such duty-free 
treatment, pursuant to the Compact of Free Association Approval Act 
(``the Compact Act'') (Public Law 99-658; 100 Stat. 3672, 48 U.S.C. 1681 
note), is subject to the limitations of section 201 of the Compact Act 
and sections 503(b) and 504(c) of the Trade Act of 1974 (``the 1974 
Act'') (19 U.S.C. 2463(b) and 2464(c)). In Presidential Proclamation No. 
6726 of September 27, 1994, I proclaimed that the Compact would enter 
into force on October 1, 1994. In order to accord such duty-free 
treatment to products of Palau, I have decided that it is necessary and 
appropriate to modify general note 10 to the HTS to designate the 
Republic of Palau as a freely associated state. Further, I have decided 
that it is appropriate to modify general note 4(a) to the HTS, which 
enumerates designated beneficiary countries for purposes of the 
Generalized System of Preferences, to delete Palau from the list of non-
independent countries and territories.
    10. Presidential Proclamation No. 5759 of December 24, 1987, imposed 
increased rates of duty on certain products of the European Community 
(``EC''), in response to the EC's implementation of the Council 
Directive Prohibiting the Use in Livestock Farming of Certain Substances 
Having a Hormonal Action. Austria, Finland, and Sweden have indicated 
that they will become member states of the EC on January 1, 1995. 
Accordingly, to clarify that the increased rates of duty imposed by 
Proclamation No. 5759 continue to apply to the EC in its capacity as a 
foreign instrumentality, it is necessary to amend the HTS to indicate 
that the duties are to be imposed on products of the EC, including 
products of all new and future member states,

[[Page 2528]]

and not just on products of countries that were members of the EC in 
1987 and that were listed in the HTS for illustrative purposes.
    11. Additional U.S. note 24 to chapter 4 of Schedule XX provides for 
a delay in the effective date, or prorating, of the expansion of tariff-
rate quotas for cheeses above the existing quota quantities provided for 
in subchapter IV of chapter 99 of the HTS that will result from the 
implementation of United States commitments under the Uruguay Round 
Agreements, in the case of countries or areas that implement their 
market access commitments on a date later than the effective date of 
Schedule XX. The current members of the European Community (Belgium, 
Denmark, France, the Federal Republic of Germany, Greece, Ireland, 
Italy, Luxembourg, the Netherlands, Portugal, Spain, and the United 
Kingdom), Austria, Poland, Sweden, and Switzerland all have indicated 
their intention not to implement their market access commitments until 
July 1, 1995. Accordingly, I have determined, pursuant to my authority 
under sections 111 (a) and (b) of the URAA and section 1102 of the 1988 
Act (19 U.S.C. 2902), that it is appropriate not to make available the 
amounts specified in section K of the Annex to this proclamation until 
July 1, 1995.
    12. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the 
President to embody in the HTS the substance of the relevant provisions 
of that Act, 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 section 604 of the 1974 Act (19 U.S.C. 2483), section 
1102 of the 1988 Act (19 U.S.C. 2902), sections 201 and 202 of the NAFTA 
Act (19 U.S.C. 3331 and 3332), and title I and title IV of the URAA, do 
hereby proclaim:
    (1) In order to provide generally for the tariff treatment being 
accorded under the Uruguay Round Agreements, including the modification 
or continuance of existing duties or other import restrictions and the 
continuance of existing duty-free or excise treatment provided for in 
Schedule XX, the URAA, and the other authorities citied in this 
proclamation, including the termination of quantitative limitations and 
fees previously imposed under section 22 of the Adjustment Act (7 U.S.C. 
624), the HTS is modified as set forth in the Annex to this 
proclamation.
    (2)(a) The modifications to the HTS made by sections A (except with 
respect to paragraphs thereof specifying other effective dates), C, E, 
and IJ of the Annex to this proclamation shall be effective with respect 
to goods entered, or withdrawn from warehouse for consumption, on and 
after January 1, 1995;
      (b) The modifications to the HTS made by sections B, D(1)-(5), F, 
G, H, and L of the Annex to this proclamation, and by those paragraphs 
of section A specifying effective dates other than January 1, 1995, 
shall be effective with respect to goods entered, or withdrawn from 
warehouse for consumption, on and after the dates set forth in such 
sections of the Annex;
      (c) The modifications to the HTS made by section D(6) of the Annex 
to this proclamation shall be effective with respect to goods entered, 
or withdrawn from warehouse for consumption, on and after the dates set 
forth in such section, unless the United States Trade Representative 
(USTR) announces that the scheduled staged duty reductions set forth in 
such Annex section are being withheld because other major countries have 
not afforded adequate entity coverage under the Agreement on Government 
Procurement annexed to the WTO Agreement, and so advises the Secretary 
of the Treasury and publishes this information in a notice in the 
Federal Register;
      (d) The modifications to the HTS made by section D(7) of the Annex 
to this proclamation shall be effective with respect to goods entered, 
or withdrawn from warehouse for consumption, on and after the date 
announced by the USTR in a notice published in the Federal Register as 
the date on which other major countries have afforded adequate entity 
coverage under the Agreement

[[Page 2529]]

on Government Procurement annexed to the WTO Agreement; and
      (e) Section K of the Annex to this proclamation, providing for a 
delay in implementation of the expansion of tariff-rate quotas of 
cheeses, applies during the period January 1, 1995, through June 30, 
1995, unless the USTR determines that it is in the interest of the 
United States for any such delays to apply to a different period and 
publishes notice of the determination and applicable period in the 
Federal Register. The USTR also is authorized to prorate over the 
applicable period any of the quantities that may be imported.
    (3) The USTR is authorized to exercise my authority under section 
404(d)(3) of the URAA to allocate the in-quota quantity of a tariff-rate 
quota for any agricultural product among supplying countries or customs 
areas and to modify any allocation as the USTR determines appropriate.
    (4) The Secretary of Agriculture is authorized to exercise my 
authority to make determinations under section 405(a) of the URAA and to 
publish those determinations in the Federal Register.
    (5) Effective January 1, 1995, in order to clarify that the 
additional duty provided for in subheadings 9903.23.00 through 
9903.23.35, inclusive, of the HTS shall apply to new member states of 
the European Community, the superior text to those subheadings is 
modified as provided in the Annex to this proclamation. The USTR is 
authorized to alter the application of the increased duties imposed by 
Presidential Proclamation No. 5957, as modified herein, by further 
modifying the superior text to those subheadings so that it reflects 
accurately all member states of the European Community or any successor 
organization. Notice of any such modification shall be published in the 
Federal Register.
    (6) Whenever the rate of duty in the general subcolumn of rates of 
duty column 1 of the HTS is reduced to ``Free'', all rates of duty set 
forth in the special subcolumn of column 1 shall be deleted from the 
HTS.
    (7) The USTR, the Secretary of Agriculture, and the Secretary of the 
Treasury are authorized to exercise my authority under the statutes 
cited in this proclamation to perform certain functions to implement 
this proclamation, as assigned to them in the Annex to this 
proclamation.
    (8) Paragraphs (1)-(4), (6), and (7) shall be effective on January 
1, 1995, unless the USTR announces prior to that date that the WTO 
Agreement will not enter into force on that date.
    (9) All 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 twenty-third 
day of December, in the year of our Lord nineteen hundred and ninety-
four, and of the Independence of the United States of America the two 
hundred and nineteenth.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 11:44 a.m., December 27, 
1994]

Note: This proclamation will be published in the Federal Register on 
January 4, 1995.