TO TERMINATE TEMPORARY DUTIES ON
IMPORTS OF BROOM CORN BROOMS
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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
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 were 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, 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 found that imports of such brooms produced in
Mexico, considered individually, accounted for a substantial share of
total imports of broom corn brooms and contributed importantly to the
serious injury caused by imports, but that such brooms produced in
Canada did 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.
On November 28, 1996, pursuant to section 203 of the Trade Act
(19 U.S.C. 2253), I issued Proclamation 6961, which temporarily
increased or imposed duties 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 exceeded certain specified
annual levels, HTS subheading 9603.10.60. The increase in, or
imposition of, duties was made effective for a three-year period for
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 determined
that this action would facilitate efforts by the domestic industry to
make a positive adjustment to import competition and would provide
greater economic and social benefits than costs. On January 27, 1997, I
issued Proclamation 6969, making certain technical corrections to the
HTS provisions covered by Proclamation 6961.
On May 11, 1998, acting under my delegation of authority, and
pursuant to section 332(g) of the Tariff Act of 1930 (19 U.S.C.
1332(g)), the United States Trade Representative asked the USITC to
provide a report on developments with respect to the domestic broom corn
broom industry since November 28, 1996, including the progress and
specific efforts made by workers and firms in the industry to make a
positive adjustment to import competition. The USITC report in
Investigation Number 332-394, issued August 10, 1998, has been provided
Following issuance of the USITC report, I received advice from
the Secretary of Commerce and the Secretary of Labor, as well as from
other interested agencies, regarding the effectiveness of efforts
undertaken by the domestic broom corn broom industry to make a positive
adjustment to import competition.
Section 204(b)(1)(A) of the Trade Act (19 U.S.C. 2254(b)(1)(A))
authorizes the President to reduce, modify, or terminate a safeguard
action if, after taking into account any report or advice submitted by
the USITC and receiving advice from the Secretary of Commerce and the
Secretary of Labor, the President determines that changed circumstances
warrant the reduction, modification, or termination. The President's
determination may be made, inter alia, on the basis that the domestic
industry has not made adequate efforts to make a positive adjustment to
import competition. Under section 201(b) of the Trade Act (19 U.S.C.
2251(b)), a positive adjustment occurs when the domestic industry is
able to compete successfully with imports after the termination of the
import relief or when the domestic industry experiences an orderly
transfer of resources to other productive pursuits, and when dislocated
workers in the industry experience an orderly transition to productive
In view of the information provided in the USITC's report, and
based on advice from the Secretary of Commerce and the Secretary of
Labor, I find that the broom corn broom industry has not made adequate
efforts to make a positive adjustment to import competition.
Accordingly, I have determined pursuant to section 204(b)(1)(A) of the
Trade Act that termination of the action I took under section 203 of
that Act with respect to broom corn broom imports is warranted.
Section 604 of the Trade Act (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
there-under, 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 204 and 604 of the Trade Act, do proclaim that:
(1) The HTS is modified as provided in the Annex to this
(2) 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.
(3) The modifications to the HTS made by this proclamation shall be
effective with respect to goods entered, or withdrawn from warehouse for
consumption, on or after the date specified in the Annex hereto.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
December, 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