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TO FACILITATE POSITIVE ADJUSTMENT TO COMPETITION
FROM IMPORTS OF WHEAT GLUTEN
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
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.
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,
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.
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.