[Weekly Compilation of Presidential Documents Volume 31, Number 37 (Monday, September 18, 1995)]
[Pages 1554-1557]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 6821--To Establish a Tariff-Rate Quota on Certain Tobacco, 
Eliminate Tariffs on Certain Other Tobacco, and for Other Purposes

September 12, 1995

By the President of the United States

of America

A Proclamation

    1. (a) On April 15, 1994, I entered into trade agreements resulting 
from the Uruguay Round of multilateral trade negotiations (``the Uruguay 
Round Agreements''), including the Agreement Establishing the World 
Trade Organization (``the WTO Agreement'') and the General Agreement on 
Tariffs and Trade 1994 (``the GATT 1994''), annexed to the WTO 
Agreement. In section 101(a) of the Uruguay Round Agreements Act (``the 
URAA'') (Public Law 103-465, 108 Stat. 4814) (19 U.S.C. 3511(a)), the 
United States approved the Uruguay Round Agreements. These agreements 
entered into force for the United States on January 1, 1995.
    (b) Section 125(c) of the Trade Act of 1974 (``the 1974 Act'') (19 
U.S.C. 2135(c)) provides that whenever the United States, acting in 
pursuance of any of its rights or obligations under any trade agreement 
entered into pursuant to the 1974 Act, modifies any obligation with 
respect to the trade of any foreign country or instrumentality, the 
President is authorized to proclaim increased duties or

[[Page 1555]]

other import restrictions, to the extent, at such times, and for such 
periods as he deems necessary or appropriate, in order to exercise the 
rights or fulfill the obligations of the United States. Section 421 of 
the Uruguay Round Agreements Act (19 U.S.C. 2135 note) authorizes the 
President, pursuant to the 1974 Act, to proclaim an increase in any 
existing duty on certain tobacco to a rate no more than 50 percent above 
the rate that was set forth in rate column numbered 2 of the Tariff 
Schedules of the United States, as in effect on January 1, 1975, or no 
more than 350 percent ad valorem above the rate existing on January 1, 
1975, whichever is higher.
    (c) Section 1105(a) of the Omnibus Trade and Competitiveness Act of 
1988 (``the 1988 Act'') (19 U.S.C. 2904(a)) provides that for purposes 
of applying section 125 of the 1974 Act, any trade agreement entered 
into under section 1102 of the 1988 Act (19 U.S.C. 2902) shall be 
treated as an agreement entered into under section 101 or 102, as 
appropriate, of the 1974 Act (19 U.S.C. 2111 and 2112), and any 
proclamation issued pursuant to such a trade agreement shall be treated 
as a proclamation issued pursuant to a trade agreement entered into 
under section 102 of the 1974 Act.
    (d) The United States, acting pursuant to its rights and obligations 
under the Uruguay Round Agreements, in particular Article XXVIII of the 
GATT 1994, is modifying its obligations with respect to the tariff 
treatment of certain tobacco to establish a tariff-rate quota for 
imports of such tobacco.
    (e) Accordingly, I have determined that it is appropriate to 
proclaim the tariff modifications set forth in Annex I to this 
proclamation in order to exercise the rights and fulfill the obligations 
of the United States under the Uruguay Round Agreements. These 
modifications would, among other things, establish a tariff-rate quota 
for imports of certain tobacco.
    2. (a) Section 423 of the URAA (19 U.S.C. 3621) authorizes the 
President to proclaim the reduction or elimination of any duty with 
respect to cigar binder and filler tobacco, wrapper tobacco, or oriental 
tobacco set forth in Schedule XX--United States of America, annexed to 
the Marrakesh Protocol to the GATT 1994 (``Schedule XX'').
    (b) I have decided to proclaim the elimination of the duties on 
cigar binder and filler tobacco, wrapper tobacco, and oriental tobacco, 
as set forth in Annex I to this proclamation.
    3. (a) Section 422(c) of the URAA (7 U.S.C. 1445 note) authorizes 
the President to waive the application to imported tobacco of section 
106(g) of the Agricultural Act of 1949 (7 U.S.C. 1445(g)) if the 
President determines that the waiver is necessary or appropriate 
pursuant to an international agreement entered into by the United 
States.
    (b) I have determined that it is necessary or appropriate pursuant 
to the Uruguay Round Agreements to waive the application of section 
106(g) of the Agricultural Act of 1949 to imports of cigar tobacco. This 
waiver shall take effect on the effective date of this proclamation.
    4. Presidential Proclamation No. 6641 of December 15, 1993, which 
implemented the North American Free Trade Agreement (``the NAFTA'') with 
respect to the United States, established a tariff heading in chapter 98 
of the Harmonized Tariff Schedules of the United States (``the HTS'') 
for certain textile and apparel goods assembled in Mexico from fabric 
wholly formed and cut in the United States. This tariff heading, 
9802.00.90, inadvertently narrowed the scope of the agreed duty-free 
treatment, as set forth in Appendix 2.4 to Annex 300-B to the NAFTA. I 
have decided that it is necessary and appropriate to modify heading 
9802.00.90 to the HTS to align it with the provisions of the NAFTA, 
pursuant to section 201(a)(1) of the North American Free Trade Agreement 
Implementation Act (Public Law 103-182, 107 Stat. 2057) (19 U.S.C. 
3331(a)(1)).
    5. (a) The March 9, 1994, Memorandum of Understanding on the Results 
of the Uruguay Round Negotiations on Agriculture Between the United 
States of America and Uruguay and the March 24, 1994, Memorandum of 
Understanding on the Results of the Uruguay Round Market Access 
Negotiations on Agriculture Between the United States of America and 
Argentina (``the MOUs'') were submitted to the Congress along with the 
Uruguay Round Agreements. Each MOU provides that, once the appropriate 
Depart- 

[[Page 1556]]

ment of Agriculture authorities approve the country to ship fresh, 
chilled or frozen beef to the United States, the in-quota quantity of 
the United States tariff-rate quota for beef will be increased by 20,000 
metric tons, and that increase will be allocated to that country.
    (b) Section 404(d)(4) of the URAA (19 U.S.C. 3601(d)(4)) authorizes 
the President to proclaim an increase in the in-quota quantity of the 
tariff-rate quota for beef if the President determines that an increase 
is necessary to implement either MOU.
    (c) Accordingly, pursuant to section 404(d)(4) of the URAA, I have 
determined that it is necessary to proclaim an increase in the in-quota 
quantity of the tariff-rate quota for beef as set forth in Annex II to 
this proclamation, to be effective for each country upon the dates 
specified therein.
    6. Presidential Proclamation No. 6763 of December 23, 1994, 
implemented the Uruguay Round Agreements, including Schedule XX, with 
respect to the United States and incorporated in the HTS tariff 
modifications necessary and appropriate to carry out the Uruguay Round 
Agreements. Certain technical errors, including inadvertent omissions 
and typographical errors, were made in that proclamation. I have decided 
that, in order to reflect accurately the intended tariff treatment 
provided for in the Uruguay Round Agreements, it is necessary to modify 
certain provisions of the HTS, as set forth in Annex II to this 
proclamation.
    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, including but not 
limited to section 301 of title 3, United States Code, section 125 of 
the 1974 Act (19 U.S.C. 2135), sections 421, 422(c) and 423 of the URAA 
(19 U.S.C. 2135 note, 7 U.S.C. 1445 note, and 19 U.S.C. 3621, 
respectively), and section 604 of the 1974 Act (19 U.S.C. 2483), do 
hereby proclaim:
    (1) In order to exercise the rights and fulfill the obligations of 
the United States under the WTO Agreement, the HTS is modified as set 
forth in Annex I to this proclamation.
    (2) The provisions of Annex I to this proclamation shall take effect 
with respect to articles entered, or withdrawn from warehouse, for 
consumption on or after the dates specified in such annex.
    (3) Section 106(g) of the Agricultural Act of 1949 (7 U.S.C. 
1445(g)) is waived with respect to imports of cigar tobacco entered, or 
withdrawn from warehouse, for consumption on or after the effective date 
of this proclamation.
    (4) (a) In order to correct certain technical errors, to modify 
heading 9802.00.90, and to implement certain determinations concerning 
tariff-rate quotas for Argentina and Uruguay, the HTS is modified as set 
forth in Annex II to this proclamation.
    (b) Annex I to Presidential Proclamation No. 6343 of September 28, 
1991, is amended as set forth in Annex II to this proclamation.
    (c) The modifications made by Annex II to this proclamation shall be 
effective with respect to goods entered or withdrawn from warehouse for 
consumption on or after the dates specified in such annex.
    (5) The United States Trade Representative 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 Annex I to this proclamation.
    (6) 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.
    (7) This proclamation is effective on September 13, 1995.
    In Witness Whereof, I have hereunto set my hand this twelfth day of 
September, in the year of our Lord nineteen hundred and ninety-five, and 
of the Independence of the United States of America the two hundred and 
twentieth.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 11:47 a.m., September 
12, 1995]

Note: This proclamation was released by the Office of the Press 
Secretary on September 13, and it was published with its attached 
annexes in the Federal Register on September 13.

[[Page 1557]]