Weekly Compilation of Presidential Documents Volume 36 Issue 7 (Monday, February 21, 2000)

[Weekly Compilation of Presidential Documents Volume 36, Number 7 (Monday, February 21, 2000)]
[Pages 324-326]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Proclamation 7273--To Facilitate Positive Adjustment to Competition From 
Imports of Certain Steel Wire Rod

February 16, 2000

By the President of the United States

of America

A Proclamation

    1. On July 12, 1999, the United States International Trade 
Commission (USITC) transmitted to the President a report on 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 certain 
steel wire rod provided for in subheadings 7213.91, 7213.99, 7227.20 and 
7227.90.60 of the Harmonized Tariff Schedule of the United States (HTS). 
The USITC commissioners were equally divided with respect to the 
determination required under section 202(b) of the Trade Act (19 U.S.C. 
2252(b)) regarding whether such steel wire rod is being imported into 
the United States in such increased quantities as to be a substantial 
cause of serious injury, or threat of serious injury, to the domestic 
industry producing a like or directly competitive article.
    2. Section 330(d)(1) of the Tariff Act of 1930, as amended (the 
``Tariff Act'') (19 U.S.C. 1330(d)(1)) provides that when the USITC is 
required to determine under section 202(b) of the Trade Act whether 
increased imports of an article are a substantial cause of serious 
injury, or the threat thereof, and the commissioners voting are equally 
divided with respect to such determination, then the determination 
agreed upon by either group of commissioners may be considered by the 
President as the determination of the USITC. Having reviewed the 
determinations of both groups of commissioners, I have decided to 
consider the determination of the group of commissioners voting in the

[[Page 325]]

affirmative to be the determination of the USITC.
    3. Pursuant to section 311(a) of the North American Free Trade 
Agreement Implementation Act (the ``NAFTA Implementation Act'') (19 
U.S.C. 3371(a)), the USITC made negative findings with respect to 
imports of steel wire rod from Mexico and Canada. The USITC 
commissioners voting in the affirmative also transmitted to the 
President their recommendations made pursuant to section 202(e) of the 
Trade Act (19 U.S.C. 2252(e)) with respect to the action that would 
address the serious injury or threat thereof to the domestic industry 
and be most effective in facilitating the efforts of the domestic 
industry to make a positive adjustment to import competition.
    4. 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) and to provide exclusions for 
enumerated steel wire rod products (``excluded products''). Pursuant to 
section 312(a) of the NAFTA Implementation Act (19 U.S.C. 3372(a)), I 
have determined that imports of steel wire rod from Mexico, considered 
individually, do not account for a substantial share of total imports 
and do not contribute importantly to the serious injury, or threat of 
serious injury, found by the USITC, and that imports from Canada, 
considered individually, do not contribute importantly to such injury or 
threat. Accordingly, pursuant to section 312(b) of the NAFTA 
Implementation Act (19 U.S.C. 3372(b)), I have excluded steel wire rod 
the product of Mexico or Canada from the action I am taking under 
section 203 of the Trade Act.
    5. Such action shall take the form of a tariff-rate quota on imports 
of steel wire rod (other than excluded products), provided for in HTS 
subheadings 7213.91, 7213.99, 7227.20 and 7227.90.60, imposed for a 
period of 3 years plus 1 day, with annual increases in the within-quota 
quantities and annual reductions in the rate of duty applicable to goods 
entered in excess of those quantities in the second and third years, as 
provided for in the Annex to this proclamation.
    6. Except for products of Mexico and of Canada, which shall all be 
excluded from this restriction, such tariff-rate quota shall apply to 
imports of steel wire rod from all 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 this action will facilitate efforts by the domestic 
industry to make a positive adjustment to import competition and provide 
greater economic and social benefits than costs.
    7. 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 of America, including but 
not limited to sections 203 and 604 of the Trade Act, do proclaim that:
    (1) In order to establish a tariff-rate quota on imports of steel 
wire rod (other than excluded products), classified in HTS subheadings 
7213.91, 7213.99, 7227.20 and 7227.90.60, subchapter III of chapter 99 
of the HTS is modified as provided in the Annex to this proclamation.
    (2) Such imported steel wire rod that is the product of Mexico or of 
Canada shall be excluded from the tariff-rate quota established by this 
proclamation, and such imports shall not be counted toward the tariff-
rate quota limits that trigger the over-quota rates of duty.
    (3) I hereby suspend, pursuant to section 503(c)(1) of the Trade Act 
(19 U.S.C. 2463(c)(1)), duty-free treatment for steel wire rod the 
product of beneficiary countries under the Generalized System of 
Preferences (GSP) (Title V of the Trade Act, as amended (19 U.S.C. 2461-
2467)); pursuant to section 213(e)(1) of the Caribbean Basin Economic 
Recovery Act, as amended (CBERA) (19 U.S.C. 2703(e)(1)), duty-free 
treatment for steel wire rod the product of beneficiary countries under 
that Act (19 U.S.C. 2701-2707), pursuant to section

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204(d)(1) of the Andean Trade Preference Act, as amended (ATPA) (19 
U.S.C. 3203(d)(1)), duty-free treatment for steel wire rod the product 
of beneficiary countries under that Act (19 U.S.C. 3201-3206); and 
pursuant to section 403(a) of the Trade and Tariff Act of 1984 (19 
U.S.C. 2112 note), duty-free treatment for steel wire rod the product of 
Israel under the United States-Israel Free Trade Area Implementation Act 
of 1985 (the ``IFTA Act'') (19 U.S.C. 2112 note), to the extent 
necessary to apply the tariff-rate quota to those products, as specified 
in the Annex to this proclamation.
    (4) During each of the first three quarters of a quota year, any 
articles subject to the tariff-rate quota that are entered, or withdrawn 
from warehouse for consumption, in excess of one-third of the annual 
within-quota quantity for that quota year (as specified in the Annex to 
this proclamation) shall be subject to the over-quota rate of duty then 
in effect. During the fourth quarter of a quota year, any articles 
subject to the tariff-rate quota that are entered, or withdrawn from 
warehouse for consumption, in excess of the remaining quantity of the 
annual within-quota quantity for that quota year shall be subject to the 
over-quota rate of duty then in effect. The remaining quantity shall be 
determined by subtracting the total quantity of goods entered at the in-
quota rate during the first three quarters of the quota year from the 
annual within-quota quantity for that quota year.
    (5) Effective at the close of March 1, 2003, or at the close of the 
date which may earlier be proclaimed by the President as the termination 
of the import relief set forth in the Annex to this proclamation, the 
suspension of duty-free treatment under the GSP, the CBERA, the ATPA and 
the IFTA Act shall terminate, unless otherwise provided in such later 
proclamation, and qualifying goods the product of beneficiary countries 
or of Israel entered under such programs shall again be eligible for 
duty-free treatment.
    (6) Effective at the close of March 1, 2004, or such other date that 
is one year from the close of this relief, the U.S. note and tariff 
provisions established in the Annex to this proclamation shall be 
deleted from the HTS.
    (7) 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.
    (8) 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 March 
1, 2000, 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 sixteenth day 
of February, in the year of our Lord two thousand, and of the 
Independence of the United States of America the two hundred and twenty-
fourth.
                                            William J. Clinton

[Filed with the Office of the Federal Register, 11:42 a.m., February 17, 
2000]

Note: This proclamation was published in the Federal Register on 
February 18.