[Weekly Compilation of Presidential Documents Volume 34, Number 23 (Monday, June 8, 1998)]
[Pages 1006-1007]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 7103--To Facilitate Positive Adjustment to Competition From 
Imports of Wheat Gluten

May 30, 1998

By the President of the United States

of America

A Proclamation

    1. On March 18, 1998, the United States International Trade 
Commission (USITC) transmitted to the President a unanimous affirmative 
determination in its investigation under section 202 of the Trade Act of 
1974, as amended (the ``Trade Act'') (19 U.S.C. 2252), with respect to 
imports of wheat gluten provided for in subheadings 1109.00.10 and 
1109.00.90 of the Harmonized Tariff Schedule of the United States 
(``HTS''). Under section 202 of the Trade Act, the USITC determined that 
such wheat gluten is 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, pursuant to section 311(a) of the North American 
Free Trade Agreement Implementation Act (``NAFTA Implementation Act'') 
(19 U.S.C. 3371(a)), made negative findings with respect to imports of 
wheat gluten from Canada and Mexico. The USITC also transmitted its 
recommendation made pursuant to section 202(e) of the Trade Act with 
respect to the action that would address the serious injury to the 
domestic industry and be most effective in facilitating the efforts of 
the domestic industry to make a positive adjustment to import 
competition.
    2. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and 
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 quantitative 
limitations on imports of wheat gluten, provided for in HTS subheadings 
1109.00.10 and 1109.00.90, imposed for a period of 3 years plus one day, 
with annual increases in such quota limits of six percent in the second 
year and in the third year. Except for products of Canada, Mexico,

[[Page 1007]]

Israel, beneficiary countries under the Caribbean Basin Economic 
Recovery Act (CBERA) and the Andean Trade Preference Act (ATPA), and 
other developing countries that have accounted for a minor share of 
wheat gluten imports, which shall be excluded from any restriction, such 
quantitative limitations shall apply to imports from all countries and 
the quota quantity shall be allocated among such countries. 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.
    3. 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, and section 301 of 
title 3, United States Code, do proclaim that:
    (1) In order to establish quantitative limitations for wheat gluten 
classified in HTS subheadings 1109.00.10 and 1109.00.90, subchapter III 
of chapter 99 of the HTS is modified as provided in the Annex to this 
proclamation.
    (2) Wheat gluten that is the product of Canada, of Mexico, of 
Israel, of beneficiary countries under the CBERA and the ATPA, and of 
developing countries listed in general note 4(a) to the HTS shall be 
excluded from the quantitative limitations established by this 
proclamation, and such imports shall not be counted toward such 
limitations for any quota period created herein.
    (3) In the event that a quota quantity established by this 
proclamation and allocated to a country or to ``other countries'' is 
significantly underutilized, the United States Trade Representative is 
authorized to reallocate all or part of the unfilled portion of such 
quota quantity to any other country or countries and, upon publication 
of notice in the Federal Register, to modify the HTS provisions created 
by the Annex to this proclamation to reflect any such reallocation.
    (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 hereto, shall be effective with respect to goods 
entered, or withdrawn from warehouse for consumption, on or after 12:01 
a.m. EDT on June 1, 1998, and shall continue in effect 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 thirtieth day 
of May, in the year of our Lord nineteen hundred and ninety-eight, and 
of the Independence of the United States of America the two hundred and 
twenty-second.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 8:45 a.m., June 2, 1998]

Note: This proclamation was published in the Federal Register on June 3. 
This proclamation was released by the Office of the Press Secretary on 
June 1.