Proclamation 3509.

3,655 words·~17 min read·/statutes-at-large/vol-77/proclamation-3509·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

77 Stat. 963 Proclamation 3509 MODIFYING PROCLAMATION 3279 ADJUSTING IMPORTS OF PETROLEUM AND PETROLEUM PRODUCTS By the President of the United States of America November 30, 1962 A Proclamation WHEREAS, pursuant to section 2 of the act of July 1, 1954, as amended (72 Stat. 678), findings and determinations have been made [19 USC 1352a](/us/usc/t19/s1352a).that adjustments in the imports of crude oil, unfinished oils, and finished products were necessary so that such imports would not threaten to impair the national security, such adjustments have been made by Proclamation 3279 (24 F.R. 1781) and modified by Proclamation [73 Stat.

C25, C39](/us/stat/73/C25/C39); [74 Stat. C31](/us/stat/74/C31); [75 Stat. 1005, 1018](/us/stat/75/1005/1018).3290 (24 F.R. 3527), Proclamation 3328 (24 F.R. 10133), Proclamation 3386 (25 F.R. 13945), and Proclamation 3389 (26 F.R. 507); and WHEREAS, under subsection (f), section 257, of the Trade Expansion Act of 1962 (Public Law 87–794), such actions are now deemed [76 Stat. 881](/us/stat/76/881).[19 USC 1352a note](/us/usc/t19/s1352a).[76 Stat. 877](/us/stat/76/877).[19 USC 1862](/us/usc/t19/s1862).to have been taken pursuant to section 232 of that Act; and WHEREAS I find and determine that in order to enhance the ability of the petroleum industry to meet possible national security demands, it is necessary to relate maximum levels of authorized imports into Districts I–IV to domestic production of crude oil and natural gas liquids and to adjust these levels; and WHEREAS I find and determine that certain revisions in the system of allocating imports will operate to maintain the competitive capability of refining companies of varying sizes and thus strengthen the national security:

NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including section 232 of the Trade Expansion Act of 1962, do hereby proclaim that Proclamation 3279, as amended, is hereby further amended as follows: 1. Effective January 1, 1963, subparagraph

(1)of paragraph

(a)of section 2 is amended to read as follows: "

(1)In Districts I–IV, for a particular allocation period the maximum level of imports, subject to allocation, of crude oil, unfinished oils, and finished products other than residual fuel oil to be used as fuel shall be an amount equal to the difference between 12.2 percent of the quantity of crude oil and natural gas liquids produced in these districts during the period of six months which ends six months prior to the beginning of the allocation period and the quantity of imports of crude oil, unfinished oils, and finished products excepted by clause

(4)of paragraph

(a)of section 1 which the Secretary of the Interior estimates will be imported into Districts I–IV during the allocation period. As used in this subparagraph, the term “natural gas liquids” “Natural gas liquids,”means natural gas products and other hydrocarbons such as isopentane, propane, butane, propylene, and butylene, or mixtures thereof, recovered from natural gas by means other than refining. Within such maximum level, the imports of finished products other than residual fuel oil to be used as fuel shall not exceed the level of imports of such products into these districts during the calendar year 1957 and imports of unfinished oils shall not exceed 10 percent of the permissible imports of crude oil and unfinished oils. The maximum level of imports, 77 Stat. 964subject to allocation, of crude oil, unfinished oils, and finished products other than residual fuel oil to be used as fuel which is determined pursuant to the first sentence of this subparagraph for the allocation period beginning January 1, 1963 shall be increased or decreased by 9 percent of the amount by which the total demand estimated by the Bureau of Mines for the allocation period that began January 1, 1962 fell short of or exceeded the actual demand for that allocation period and the maximum level so determined for the allocation period beginning July 1, 1963 shall be similarly adjusted on the basis of estimated and actual demand for the allocation period that began July 1, 1962." 2. Effective January 1, 1963, paragraph

(c)of section 2 is revoked, and paragraphs (d), (e), and

(f)of that section are respectively redesignated as paragraphs (c), (d),and (e). 3. As of the date of this amendatory proclamation, subparagraph

(1)of paragraph

(b)of section 3 is amended to read as follows: "

(1)With respect to the allocations of imports of crude oil and unfinished oils into Districts I–IV and into District V, such regulations shall provide, to the extent possible, for a fair and equitable distribution among persons having refinery capacity in these districts in relation to refinery inputs on the basis of a graduated scale (excluding inputs of crude oil or unfinished oils imported pursuant to clause

(4)of paragraph

(a)of section 1) during an appropriate period or periods selected by the Secretary. Provision shall be made in such regulations for the gradual reduction of allocations made on the basis of the last allocations of imports of crude oil under the Voluntary Oil Import Program, except that provisions shall be made for a more rapid reduction of those allocations based on allocations under the Voluntary Oil Import Program which reflected imports of crude oil in the category now covered by clause

(4)of paragraph

(a)of section 1. " 4. Effective as of the date of this amendatory proclamation the second sentence of subparagraph

(5)of paragraph

(b)of section 3 is amended to read as follows: "

(5)* * * With respect to the allocation of imports into District I of residual fuel oil to be used as fuel, such regulations shall, to the extent possible, provide for a fair and equitable distribution of imports of residual fuel oil to be used as fuel among persons who have been importers of that product into such district during the calendar year 1957 and among persons who are in the business in District I of selling residual fuel oil to be used as fuel and who have had inputs of that product to deep-water terminals located in District I, in relation to such terminal inputs on the basis of a graduated scale. * * * " 5.

(a)Paragraph

(f)of section 9 is amended to read as follows: "

(f)“Crude oil” means crude petroleum as it is produced at the well-head and liquids (under atmospheric conditions) that have been recovered from mixtures of hydrocarbons which existed in a vaporous phase in a reservoir and that are not natural gas products; "

(b)A new subparagraph (9), reading as follows, is added to paragraph

(g)of section 9: "

(9)“natural gas products” means liquids (under atmospheric conditions), including natural gasoline, which are recovered by a process 77 Stat. 965of absorption, adsorption, compression, refrigeration, cycling, or a combination of such processes, from mixtures of hydrocarbons that existed in a vaporous phase in a reservoir and which, when recovered and without processing in a refinery, otherwise fall within any of the definitions of products contained in clauses

(2)through (5), inclusive, of this paragraph (g). "

(c)The amendments set forth in paragraphs

(a)and

(b)of this section 5 shall become effective upon the date of this amendatory proclamation with respect to the restrictions imposed by section 1 of Proclamation 3279, as amended, and on January 1, 1963 with [73 Stat. C25](/us/stat/73/C25).respect to the maximum levels of imports prescribed by section 2 of Proclamation 3279, as amended, and, in connection with the making of allocations, shall be effective with respect to the allocation period beginning July 1, 1963. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this 30th day of November in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh. John F. Kennedy By the President: Dean Rusk, *Secretary of State*. 3510 December 4, 1962 EFFECTIVE DATE OF SECTION 2 OF PUBLIC LAW 87–550 Digitization Vendor By the President of the United States of America Proclamation Proclamation 3510 EFFECTIVE DATE OF SECTION 2 OF PUBLIC LAW 87–550 By the President of the United States of America December 4, 1962 A Proclamation WHEREAS the provisions of Section 2 of the Act of July 25, 1962 (being “An Act to amend the Small Business Act”; Public Law 87–550; 76 Stat. 220) empower the Small Business Administration subject [15 USC 637a](/us/usc/t15/s637a).to certain conditions, to make loans to assist any firm to adjust to changed economic conditions resulting from increased competition from imported articles; and WHEREAS subsection

(d)of that Section 2 provides as follows: " “(d) This section shall take effect on such date (on or after the enactment of the Trade Expansion Act of 1962) as the President may [76 Stat. 872](/us/stat/76/872).[19 USC 1801 note](/us/usc/t19/s1801).specify in a proclamation duly published in the Federal Register but in no case later than 60 days after the date of the enactment of such Act.”; and " WHEREAS the Trade Expansion Act of 1962 was approved on October 11, 1962 (Public Law 87–794; 76 Stat. 872): NOW, THEREFORE, I, JOHN F. KENNEDY, President of the Publication in F. R.United States of America, under and by virtue of the authority vested in me by the provisions of the above-quoted subsection (d), do specify December 10, 1962, as the effective date of the aforesaid Section 2 of the Act of July 25, 1962, and do direct that, this proclamation be published in the Federal Register. 77 Stat. 966 IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the city of Washington this fourth day of December in the year of our Lord nineteen hundred and sixty-two, and of the [seal] independence of the United States of America the one hundred and eighty-seventh. John F. Kennedy By the President: Dean Rusk, *Secretary of State*. 3511 December 23, 1962 EMANCIPATION PROCLAMATION CENTENNIAL Digitization Vendor By the President of the United States of America A Proclamation Proclamation 3511 EMANCIPATION PROCLAMATION CENTENNIAL By the President of the United States of AmericaDecember 23, 1962 A Proclamation WHEREAS January 1, 1963, marks the centennial of the Proclamation in which President Abraham Lincoln declared all persons held as slaves in States or parts of States still in rebellion to be “then, thenceforward, and forever free”; and WHEREAS the issuance of the Emancipation Proclamation marked the beginning of the end of the iniquitous institution of slavery in the United States, and a great stride toward the fulfillment of the principle of the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”; and WHEREAS the Emancipation Proclamation and the 13th, 14th and 15th amendments to the Constitution of the United States guaranteed to Negro citizens equal rights with all other citizens of the United States and have made possible great progress toward the enjoyment of those rights; and WHEREAS the goal of equal rights for all our citizens is still unreached, and the securing of these rights is one of the great unfinished tasks of our democracy: NOW, THEREFORE, I JOHN F. KENNEDY, President of the United States of America, do hereby proclaim that the Emancipation Proclamation expresses our Nation’s policy, founded on justice and morality, and that it is therefore fitting and proper to commemorate the centennial of the historic Emancipation Proclamation throughout the year 1963. I call upon the Governors of the States, mayors of cities, and other public officials, as well as private persons, organizations, and groups, to observe the centennial by appropriate ceremonies. I request the United States Commission on Civil Rights to plan and participate in appropriate commemorative activities recognizing the centennial of the issuance of the Emancipation Proclamation; and I also request the Commission on Civil Rights and other Federal agencies to cooperate fully with State and local governments during 1963 in commemorating these events. I call upon all citizens of the United States and all officials of the United States and of every State and local government to dedicate themselves to the completion of the task of assuring that every Ameri-77 Stat. 967can, regardless of his race, religion, color, or national origin, enjoys all the rights guaranteed by the Constitution and laws of the United States. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed [seal] this twenty-eighth day of December in the year of our Lord nineteen hundred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-seventh. John F. Kennedy By the President: Dean Rusk, *Secretary of State*. 3512 December 28, 1962 PROCLAMATION OF A TRADE AGREEMENT SUPPLEMENTARY TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE CONTAINING CONCESSIONS COMPENSATORY FOR CERTAIN ESCAPE CLAUSE ACTION Digitization Vendor By the President of the United States of America A Proclamation Proclamation 3512 PROCLAMATION OF A TRADE AGREEMENT SUPPLEMENTARY TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE CONTAINING CONCESSIONS COMPENSATORY FOR CERTAIN ESCAPE CLAUSE ACTION By the President of the United States of America December 28, 1962 A Proclamation Part I— Purpose Part II— Identification and Justification

(1)Identification of Agreement

(2)Requisite Findings and Determinations and Applicable Procedures regarding Agreement

(a)Prior Findings

(b)Compliance with Procedural Requirements

(c)Determination that Certain Rate Decreases will Simplify Computation

(d)Determination Respecting Ad Valorem Equivalents of Certain Specific Duties

(3)Determination that Proclamation Required or Appropriate to Carry Out Trade Agreement Part III— Proclaiming Part

(1)Carrying Out Trade Agreement

(2)Conditions to Which Proclamation is Subject Part I—Purpose The purpose of this proclamation is to carry out a trade agreement supplementary to the General Agreement on Tariffs and Trade,11 This agreement was proclaimed by Proclamation 2761A of December 16, 1947 (61 Stat. (pt 2) 1103), which proclamation has been supplemented by subsequent proclamations. of October 30, 1947 (61 Stat. (pt. 5) All; which agreement is hereinafter referred to as “GATT”), consisting of an agreement signed with the United Kingdom providing concessions compensatory for certain escape clause action taken by the United States. Part II—Identification and Justification

(1)*Identification of Agreement*. After making the requisite findings and determinations and complying with the applicable procedures, as indicated in paragraph

(2)of this part, and during the period specified in section 257(c) of the Trade Expansion Act of 1962 (P.L. 87–794, 76 Stat. 882), the President through his duly empowered [19 USC 1352 note](/us/usc/t19/s1352).representative has entered into a trade agreement supplementary to GATT consisting of the agreement of December 10, 1962, between the United States and the United Kingdom Supplementary to GATT. [13 UST 3910](/us/ust/13/3910).This supplementary agreement includes a schedule of United States concessions. Such schedule provides that the rates set forth in column A therein shall become initially effective on the day provided therefor 77 Stat. 968in the proclamation to carry out the provisions of the schedule. A copy of this agreement is annexed to this proclamation.

(2)*Requisite Findings and Determinations and Applicable Procedures Regarding Agreement*. Prior to entering into the trade agreement identified in paragraph

(1)of this part:

(a)*Prior Findings*. The President found that certain existing duties or other import restrictions of the United States or of foreign countries which are contracting parties to GATT, including the United Kingdom, were unduly burdening and restricting the foreign trade of the United States, and that the purposes of section 350 of the Tariff Act of 1930, as amended (19 U.S.C., 1351), would be promoted by entering into such trade agreement.

(b)*Compliance with Procedural Requirements*. Reasonable public notice was given of the intention to conduct trade agreement negotiations under GATT with the governments of the foreign countries referred to in subparagraph

(a)of this paragraph. Views presented by interested persons have been received and considered. Information and advice with respect to such negotiations has been sought from the Departments of State, Agriculture, Commerce, and Defense, and from other sources. Pursuant to section 3 of the Trade Agreements [65 Stat. 72](/us/stat/65/72); [72 Stat. 675](/us/stat/72/675).Extension Act of 1951, as amended (19 U.S.C. 1360), the President transmitted to the United States Tariff Commission for investigation and report lists of all articles imported into the United States to be considered for possible modification of duties and other import restrictions, imposition of additional import, restrictions, or continuance of existing customs or excise treatment in trade-agreement negotiations with the governments of the foreign countries referred to in subparagraph

(a)of this paragraph. The Tariff Commission made the investigations and reports of its determinations pursuant to section 3 within the time specified therein.

(c)*Determination that Certain Rate Decreases Will Simplify Computation*. The President has made the determination provided [19 USC 1351](/us/usc/t19/s1351).for in section 350(a)(3)(D) of the Tariff Act of 1930 that certain modifications of existing duties hereinafter proclaimed in part III of this proclamation, which reflect decreases in rates of duty exceeding the decreases specified in section 350(a)(4) (A)or(B), will simplify the computation of the amount of duty imposed with respect to the articles concerned.

(d)*Determination Rejecting Ad Valorem Equivalent of Certain Specific Rates*. The President has made the determination respecting the ad valorem equivalent of the specific rate of duty (or combination of rates including a specific rate), and respecting the representative period, under the authority of section 350(a)

(D)and

(A)of the Tariff Act of 1930, as amended, by reference to section 350

(ii)of that act, in the case of each modification of an existing duty proclaimed in this proclamation for which such a determination was relevant, using, to the maximum extent practicable, the standards of valuation contained in section 402 or 402a of the Tariff Act, as amended (19 U.S.C. 1401a or 1402).

(3)*Determination that Proclamation Required or Appropriate to Carry out Trade Agreement*. I determine that the modifications of existing duties and other import restrictions of the United States, the additional import restrictions, and the continuance of existing customs and excise treatment of articles imported into the United States proclaimed in part III of this proclamation will be required or appropriate to carry out the trade agreement identified in paragraph

(1)of this part. 77 Stat. 969 Part III—Proclaiming Part NOW, THEREFORE, I, JOHN F. KENNEDY, under the authority vested in me, as President, by the Constitution and statutes, particularly section 350 of the Tariff Act of 1930, do proclaim that: [19 USC 1351](/us/usc/t19/s1351).

(1)*Carrying Out Trade Agreement*. Subject to the provisions of paragraph

(2)of this part, there are hereby made effective the modifications of existing duties and other import restrictions of the United States, the additional import restrictions, and the continuance of existing customs or excise treatment of articles imported into the United States specified or provided for in the general provisions of, and schedules of United States concessions annexed to, the agreement identified in part 11(1) of this proclamation, as follows:

(a)Each rate of duty or import tax specified in column A at the right of the respective description of products in the schedule of United States concessions: as to articles entered, or withdrawn from warehouse, for consumption on and after January 1, 1963.

(b)Each rate of duty or import tax specified in column B at the right of the respective description of products in the schedule of the United States concessions to such agreement: as to articles entered, or withdrawn from warehouse, for consumption on and after the appropriate date determined in accordance with the provisions of the General Notes at the end of that schedule.

(c)The provisions of the agreement to which this paragraph relates other than the rates to which subparagraphs

(a)and

(b)of this paragraph relate: on and after the date provided for in subparagraph

(a)of this paragraph with respect to certain rates in the schedule of United States concessions annexed to that agreement.

(2)*Condition to which Proclamation is Subject*. The provisions of paragraph

(1)of this part are subject to the following:

(a)The applicable terms, conditions, and qualifications set forth in the agreement to which paragraph

(1)of this part relates, in parts I, II, and III of GATT, in annexes D, H, and I and schedules XX to GATT, and in the Protocol of Provisional Application of GATT (61 [61 Stat. A12, A18, A66, A80, A84, A85, A1157](/us/stat/61/A12/A18/A66/A80/A84/A85/A1157).Stat. (pt. 6) 2051), of October 30, 1947.

(b)The exception that no rate of duty or import tax shall be applied to a particular article by virtue of this proclamation if, when the article is entered, or withdrawn from warehouse, for consumption, more favorable customs treatment is prescribed for the article by

(i)a proclamation pursuant to section 350 of the Tariff Act of 1930 or to [19 USC 1351](/us/usc/t19/s1351).section 201 of the Trade Expansion Act of 1962 (P.L. 87–794, 76 Stat. 872), or

(ii)any other proclamation, a statute, or an executive order, [19 USC 1821](/us/usc/t19/s1821).which proclamation, statute, or order either provides for an exemption from duty or import tax or became effective subsequent to the date of this proclamation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this 28th day of December in the year of our Lord nineteen hundred and sixty-two, and [seal] of the Independence of the United States of America the one hundred and eighty-seventh. John F. Kennedy By the President: Dean Rusk, *Secretary of State*. 3513 December 28, 1962 PROCLAMATION OF CERTAIN AGREEMENTS SUPPLEMENTARY TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE AND TERMINATION OF CERTAIN TRADE AGREEMENT PROCLAMATIONS Digitization Vendor By the President of the United States of America A Proclamation

Connections2 cite this · traces to 12

Cited by 2 sections

statutes-at-large

Traces to 12 documents

statutes-at-large

U.S. Code