Proclamation 5759.
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102 STAT. 4942 Proclamation 5759 of December 24, 1987 Increasing the Rates of Duty on Certain Products of the European Community By the President of the United States of America A Proclamation 1. I have determined, pursuant to section 301(a) of the Trade Act of 1974, as amended (the Act) (19 U.S.C. 2411), that the “Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action” (the Directive), adopted in December 1985 by the European Community (EC), is inconsistent with the provisions of, or otherwise denies benefits to the United States under, a trade agreement; or is unjustifiable or unreasonable and constitutes a burden or restriction on United States commerce.
Unless European Community member states are allowed derogations to continue their present importation practices, the Directive will prohibit imports into the European Community of any meat produced from animals treated with growth hormones, effective January 1, 1988, thereby severely disrupting exports of United States meat to the European Community. The need for such a prohibition is not supported by valid scientific evidence. Accordingly, the United States considers that the Directive constitutes a disguised restriction on international trade. 2.
Section 301(a)(1) of the Act (19 U.S.C. 2411(a)(1)) authorizes the President to take all appropriate and feasible action within his power to enforce the rights of the United States under any trade agreement, and to respond to any act, policy, or practice of a foreign government or instrumentality that he determines is inconsistent with the provisions of, or otherwise denies benefits to the United States under, a trade agreement, or is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce.
Section 301(b) of the Act (19 U.S.C. 2411(b)) authorizes the President to suspend, withdraw, or prevent the application of benefits of trade agreement concessions with respect to, and to impose duties or other import restrictions on, the products of such foreign government or instrumentality for such time as he determines appropriate. Pursuant to section 301(a)(2) of the Act (19 U.S.C. 2411(a)(2)), such actions can be taken on a nondiscriminatory basis or solely against the foreign government or instrumentality involved.
Section 301(d)(1) of the Act (19 U.S.C. 2411(d)(1)) authorizes the President to take action on his own motion. 3. I have decided, pursuant to subsections 301(a), (b), and
(1)of the Act, to increase United States imported duties on certain articles the product of the European Community, as described in the Tariff Schedules of the United States and set forth in Annex A to this Proclamation. In the event that the Tariff Schedules of the United States are superseded by the Harmonized Tariff Schedule of the United States, I have decided to increase United States import duties on the articles listed in Annex B that are the product of the European Community. I have further 102 STAT. 4943 determined to suspend the application of increased duties so long as the European Community member states continue their present importation practices with respect to United States exports of relevant meat products. NOW, THEREFORE, I. RONALD REAGAN, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes of the United States, including but not limited to subsections 301(a), (b), and
(1)and section 604 of the Act (19 U.S.C. 2483], do proclaim that:
(1)Subpart B of part 2 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is modified as set forth in Annex A to this Proclamation.
(2)In the event that the Tariff Schedules of the United States are superseded by the Harmonized Tariff Schedule of the United States, the latter shall be modified as set forth in Annex B to this Proclamation as of the effective date of that Schedule.
(3)The United States Trade Representative is authorized to suspend, modify, terminate, or terminate the suspension of the increased duties imposed by this Proclamation, upon publication in the **Federal Register**, of his determination that such action is in the interest of the United States.
(4)This Proclamation, including the imposition of increased duties and their immediate suspension, shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 2, 1988. IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of Dec, in the year of our Lord nineteen hundred and eighty-seven, and of the Independence of the United States of America the two hundred and twelfth. RONALD REAGAN ANNEX A Subpart B of part 2 of the Appendix to the Tariff Schedules of the United States
(TSUS)(19 U.S.C. 1202) is modified by inserting the following new items and superior heading thereto, with the material inserted in the columns entitled “Item”, “Articles”, “Rates of Duty 1”, and “Rates of Duty 2”: Articles the product of the European Community (Belgium, Denmark, France, the Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, and the United Kingdom) 946.40 Beef, without bone (except offal), fresh, chilled, or frozen (provided for in item 106.10, part 2B, schedule 1) 100% ad val. No change 946.41 Pork hams and shoulders, prepared or preserved, not boned and cooked and packed in airtight containers (provided for in item 107.30, part 2B, schedule 1) 100% ad val. No change 946.42 Tomatoes (except paste), whether or not reduced in size, packed in salt, in brine, or otherwise prepared or preserved (provided for in items 141.65 and 141.66, part 8C, schedule 1) 100% ad val. No change 102 STAT. 4944 946.43 Soluble or instant coffee extracts, essences, and concentrates (containing no admixture of sugar, cereal, or other additive) (provided for in item 160.20, part 11A, schedule 1) 100% ad val. No change 946.44 Fruit juices not specially provided for, concentrated or not concentrated, whether or not sweetened, not mixed and not containing over 1.0 percent of ethyl alcohol by volume (provided for in item 165.55, part 12A, schedule 1) 100% ad val. No change 946.45 Other fermented alcoholic beverages, containing less than 7 percent alcohol by volume (provided for in item 167.50, part 12C, schedule 1) 100% ad val. No change 946.46 Pet food packaged for retail sale, of by-products obtained from the milling of grains, mixed feeds, and mixed-feed ingredients (provided for in item 184.70, part 15C, schedule 1) 100% ad val. No change 946.47 Intestines, weasands, bladders, tendons, and integuments, not specially provided for (except sheep, lamb, and goat], prepared for use as sausage casings (provided for in item 190.58, part 15F, schedule 1) 100% ad val. No change” ANNEX B Subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States
(HTS)(19 U.S.C. ) is modified by inserting the following new subheadings and superior description, with the material inserted in the columns entitled “Heading/Subheading”, “Article Description”, “Rates of Duty 1 General” and “Rates of Duty 2”, respectively: “Articles the product of the European Community (Belgium, Denmark, France, the Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain, and the United Kingdom) 9903.23.00 Beef, without bone (except offal), fresh, chilled, or frozen (provided for in subheadings 0201.30.60, and 0202.30.60) 100% ad val. No change 9903.23.05 Pork hams and shoulders (except those that have been boned and cooked and packed in airtight containers), processed or otherwise prepared or preserved (provided for in subheadings 0210.11.00, 1602.41.90, and 1602.42.40) 100% ad val. No change 9903.23.10 Intestines, weasands, bladders, tendons and integuments, not specially provided for (except sheep, lamb and goat), prepared for use as sausage casings (provided for in subheading 0504.00.00) 100% ad val. No change 9903.23.15 Tomatoes, prepared or preserved otherwise than by the processes specified in diapters 7 or 11 or in heading 2201 (provided for in subheadings 2002.10.00, 2002.29.00, and 2103.20.40) 100% ad val. No change 9903.23.20 Soluble or instant coffee extracts, essences and concentrates (containing no admixture of sugar, cereal, or other additive) (provided for in subheading 2101.10.20) 100% ad val. No change 9903.23.25 Other fermented alcoholic beverages, containing less than 7 percent alcohol by volume (provided for in subheading 2206.00.90) 100% ad val. No change 102 STAT. 4945 9903.23.30 Fruit juices not specially provided for, concentrated or not concentrated, whether or not sweetened, not mixed and not containing over 0.5 percent of ethyl alcohol by volume (provided for in subheading 2209.80.60) 100% ad val. No change 9903.23.35 Pet food packaged for retail sale, of by-products obtained from the milling of grains, mixed feeds, and mixed-feed ingredients (provided for in subheadings 2309.10.00) 100% ad val. No change” **Editorial note**. For a White House statement, released Dec. 24, 1987, on the duty increases, see the *Weekly Compilation of Presidential Documents* (vol. 23, p. 1556). 5760 January 12, 1988 Martin Luther King, Jr., Day, 1988 Digitization Vendor By the President of the United States of America A Proclamation Proclamation 5760 of January 12, 1988 Martin Luther King, Jr., Day, 1988 By the President of the United States of America A Proclamation Twenty years ago this coming April, Dr. Martin Luther King, Jr., was slain by an assassin in Memphis, Tennessee. Violence and hatred, the enemies against which he offered an uncompromising message of brotherhood and hope, had claimed another victim in a decade of tumult that plumbed the very spirit of this Nation. Martin Luther King was martyred not only for his beliefs, but for the passionate conviction and consistency with which he espoused them. That those convictions prevailed, that his dream of the death of bigotry did not die with his life’s ebbing, offered immutable confirmation of his fervent belief that “unarmed truth and unconditional love will have the final word in reality.” Martin Luther King’s leadership was of the same character as his dream. It was larger than personality and broader than history. It bore the stamp of the religious tradition that formed his early life and led him to an assistant pastorship at Ebenezer Baptist Church in Atlanta at age 18. It took anchor in what he called the “magnificent words” of the Declaration of Independence and in the Constitution, words he echoed and to which he so often appealed in his speeches and writings against the cruelty and irrationality of segregation and prejudice. His was leadership that spoke to the best in every person’s nature and that never failed, even in the face of curses and threats, iron bars and police lines, to turn men’s eyes toward “the bright and glittering daybreak of freedom and justice.” Arrested in a march for desegregation on Good Friday, 1963, Martin Luther King wrote from the Birmingham City Jail of his faith in this ultimate dawning of equality: “We will reach the goal of freedom in Birmingham and all over the nation, because the goal of America is freedom. Abused and scorned though we may be, our destiny is tied up with the destiny of America . . . . If the inexpressible cruelties of slavery could not stop us, the opposition we now face will surely fail. We will win our freedom because the sacred heritage of our nation and the 102 STAT. 4946eternal will of God are embodied in our echoing demands.” Those demands, he saw, were claims to the orginal promise of the truths our Founders proclaimed “self-evident”—that “all men are endowed by their Creator with certain unalienable rights,” among them the “rights to Life, Liberty and the pursuit of Happiness.” He called these words a “promissory note to which every American was to fall heir,” and he insisted that what was centuries overdue could no longer be delayed. Martin Luther King’s words were eloquent because they were borne not by his tongue alone but by his very being; not by his being alone but by the beings of every one of his fellow black Americans who felt the lash and the sting of bigotry; and not by the living alone but by every generation that had gone before him in the chains of slavery or separation. He brought light to the victims of segregation, but he brought light as well—in a way, illumined by faith, more sorely needed—to its perpetrators. He saw how evil could crush the spirit of both the oppressor and the oppressed, but whereas “unearned suffering” was redemptive, those who were motivated by hatred and inflicted pain had no recourse but to abandon the instruments of prejudice and to change heart. Through his evocation, by his words and his presence, of transcendent ideals, Martin Luther King pierced to the heart of American society and changed it, irrevocably, for the better. He, and all those who marched with him, overcame. As they did so, so too did the America that Lincoln had said could not stand divided—transmuted now through the toil and blood of its fallen heroes into a land more wholly free. The work of justice and freedom continues, but its goal is less distant, its hardships more tolerable, and its triumph more sure. For these gifts to our Nation, during his lifetime and in the decades past and to come, all Americans join in fitting celebration of the birth of Martin Luther King, Jr. By Public Law 98–144, the third Monday in January of each year has been designated as a public holiday in honor of the “Birthday of Martin Luther King, Jr.” NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim Monday, January 18, 1988, as Martin Luther King, Jr., Day. IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of January, in the year of our Lord nineteen hundred and eighty-eight, and of the Independence of the United States of America the two hundred and twelfth. **Editorial note**. For the President’s remarks of Jan. 12, 1988, on signing Proclamation 5760, see the *Weekly Compilation of Presidential Documents* (vol. 24, p. 26). RONALD REAGAN 5761 January 14, 1988 National Sanctity of Human Life Day, 1988 Digitization Vendor By the President of the United States of America A Proclamation
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- Pub. L. 98-144
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