[Weekly Compilation of Presidential Documents Volume 32, Number 49 (Monday, December 9, 1996)]
[Pages 2445-2447]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 6961--To Facilitate Positive Adjustment to Competition From 
Imports of Broom Corn Brooms

November 28, 1996

By the President of the United States

of America

A Proclamation

    1. On July 2, 1996, the United States International Trade Commission 
(``USITC'') made an affirmative determination in its investigation under 
section 202 of the Trade Act of 1974, as amended (``Trade Act'') (19 
U.S.C. 2252), with respect to imports of broom corn brooms provided for 
in heading 9603 of the Harmonized Tariff Schedule of the United States 
(``HTS''). Under section 202 of the Trade Act, the USITC determined that 
such brooms are being imported into the United States in such increased 
quantities as to be a substantial cause of serious injury to the 
domestic industry producing a like or directly competitive article. 
Further, the USITC found, pursuant to section 311(a) of the North 
American Free Trade Agreement Implementation Act (``the NAFTA 
Implementation Act'') (19 U.S.C. 3371(a)), that imports of such brooms 
produced in Mexico, considered individually, account for a substantial 
share of total imports of broom corn brooms and contribute importantly 
to the serious injury caused by imports, but that such brooms produced 
in Canada do not so account or contribute. The USITC's determination and 
its recommendations to address the serious injury were reported to me on 
August 1, 1996.
    2. On August 30, 1996, I determined, pursuant to section 312(a) of 
the NAFTA Implementation Act (19 U.S.C. 3372(a)), that imports of broom 
corn brooms from Mexico, considered individually, account for a 
substantial share of total imports and contribute importantly to the 
serious injury caused by imports; but that imports of broom corn brooms 
from Canada do not so account or contribute. Acting pursuing to section 
203 of the Trade Act (19 U.S.C. 2253), I determined to take appropriate 
and feasible action within my power that will facilitate efforts by the 
domestic industry to make a positive adjustment to competition from 
imports of broom corn brooms. I further determined that action would not 
be implemented at that time and directed the United States Trade 
Representative (``USTR'') to negotiate and conclude, within 90 days, 
agreements pursuant to the terms of section 203(a)(3)(E) of the Trade 
Act (19 U.S.C. 2253(a)(3)(E)) concerning broom corn brooms exported to 
the United States, and to carry out any agreements reached. Moreover, I 
determined that, not later than the end of this 90-day period (November 
28, 1996), I would implement action of a type described in section 
203(a)(3). Such negotiations were undertaken by the USTR but have failed 
to achieve satisfactory agreements concerning such brooms exported to 
the United States.

[[Page 2446]]

    3. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and 
after taking into account the considerations specified in section 
203(a)(2) of the Trade Act, I have determined to implement action of a 
type described in section 203(a)(3). Such action shall take the form of 
an increase in, or imposition of, any duty on imported brooms (except 
whisk brooms), wholly or in part of broom corn and provided for in HTS 
subheading 9603.10.50 and, with respect to imports that exceed certain 
specified annual levels, HTS subheading 9603.10.60. Such increase in, or 
imposition of, duty on such goods shall be effective for a three-year 
period, and shall apply to imports from all countries, except Canada and 
Israel and developing countries that account for less than three percent 
of the relevant imports over a recent representative period. Pursuant to 
section 203(a)(1)(A) of the Trade Act (19 U.S.C. 2253(a)(1)(A)), I have 
further determined that these actions will facilitate efforts by the 
domestic industry to make a positive adjustment to import competition 
and provide greater economic and social benefits than costs.
    4. Section 604 of the Trade Act, as amended (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, including but not 
limited to sections 203 and 604 of the Trade Act, do proclaim that:
    (1) (a) In order to apply to specified broom corn brooms (except 
whisk brooms) that are either produced in Mexico or goods of Mexico 
under the terms of general note 12 to the HTS for purposes of the NAFTA, 
or that are products of countries other than Canada or Israel and other 
than countries enumerated in general note 4(a) to the HTS as that note 
existed on November 28, 1996 (except as otherwise specified), the 
foregoing goods classifiable under HTS subheading 9603.10.50, rates of 
duty other than those specified for such subheadings in the rates of 
duty column 1 of the HTS during the three-year period beginning on the 
effective date on this proclamation, the HTS is modified as provided in 
section A of the Annex to this proclamation.
    (b) During the period from November 28, 1996, through November 27, 
1999, inclusive, the symbol ``MX'' in parentheses following the ``Free'' 
rate of duty in the special subcolumn of rates of duty column 1 of the 
HTS for subheading 9603.10.50 shall be deleted. Upon the close of 
November 27, 1999, such symbol ``MX'' shall be reinserted in subheading 
9603.10.50 in alphabetical sequence in the parentheses following the 
``Free'' rate of duty in the special subcolumn of HTS rates of duty 
column 1, unless the actions taken in this proclamation are earlier 
expressly modified or terminated.
    (c) In order to provide that such goods of Mexico under the terms of 
general note 12 shall be subject to a NAFTA rate of duty during the 
period from November 28, 1999, through December 31, 2004, inclusive, the 
HTS is further modified as provided in section B of the Annex to this 
proclamation.
    (2) In order to establish tariff-rate quotas for brooms classifiable 
in HTS subheading 9603.10.60 (except such brooms that are the product of 
Israel or goods of Canada under the terms of general note 12 to the HTS) 
during the period from November 28, 1996, through November 27, 1999, 
inclusive, the HTS is further modified as provided in section C of the 
Annex to this proclamation.
    (3)(a) All broom corn brooms (except whisk brooms) the product of 
designated beneficiary countries under the CBERA and the ATPA pursuant 
to HTS general note 7(a) and general note 11(a), respectively, the 
foregoing goods classifiable under HTS subheadings 9603.10.50 and 
9603.10.60, shall cease to be accorded duty-free entry into the customs 
territory of the United States during the period from November 28, 1996, 
through the close of November 27, 1999, inclusive, except as provided in 
section C of the Annex to this proclamation.
    (b) During the time period specified in paragraph (3)(a), the 
symbols ``E,'' and ``J,'' in parentheses following the ``Free'' rate of 
duty in the special subcolumn of rates of duty

[[Page 2447]]

column 1 of the HTS for subheadings 9603.10.50 and 9603.10.60 shall be 
deleted. Upon the close of November 27, 1999, such symbols ``E,'' and 
``J,'' shall be reinserted in such subheadings in alphabetical sequence 
in the parentheses following the ``Free'' rate of duty in the special 
subcolumn of HTS rates of duty column 1, and eligible goods the product 
of designated CBERA and ATPA beneficiary countries shall again be 
accorded duty-free entry into the customs territory of the United States 
without quantitative limitation, unless the actions taken in this 
proclamation are earlier expressly modified or terminated.

    (4) 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.

    (5) 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. on November 28, 1996, as provided in the Annex to this 
proclamation, unless such actions are earlier expressly modified or 
terminated.

    In Witness Whereof, I have hereunto set my hand this twenty-eighth 
day of November, in the year of our Lord nineteen hundred and ninety-
six, and of the Independence of the United States of America the two 
hundred and twenty-first.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 8:45 a.m., December 3, 
1996]

Note: This proclamation was released by the Office of the Press 
Secretary on December 2, and it was published in the Federal Register on 
December 4.