Proclamation 4210.

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87 Stat. 1187 PROCLAMATION 4210 Modifying Proclamation 3279, Relating to Imports of Petroleum and Petroleum Products, Providing for the Long-Term Control of Imports of Petroleum and Petroleum Products Through a System of License Fees and Providing for Gradual Reduction of Levels of Imports of Crude Oil, Unfinished Oils and Finished Products By the President of the United States of America April 18, 1973 A Proclamation The Chairman of the Oil Policy Committee maintains a constant surveillance of imports of petroleum and its primary derivatives in respect to the national security.

He informs me that, in the course of his surveillance, he has reviewed the status of imports under Proclamation 3279, as amended, of petroleum [73 Stat. C25](/us/stat/73/C25).[19 USC 1862 note](/us/usc/t19/s1862).and its primary derivatives in their relation to the national security and that further Presidential action under section 232 of the Trade Expansion Act of 1962, as amended, is required. [76 Stat. 877](/us/stat/76/877).[19 USC 1862](/us/usc/t19/s1862). He recommends, after consultation with the Oil Policy Committee, that the method of adjusting imports of petroleum and petroleum products be modified by immediately suspending tariffs on imports of petroleum and petroleum products and by shifting to a system whereby 87 Stat. 1188fees for licenses covering such imports shall be charged and whereby such fees may be adjusted from time to time, as required in order to discourage the importation into the United States of petroleum and petroleum products in such quantities or under such circumstances as to threaten to impair the national security; to create conditions favorable, in the long range, to domestic production needed for projected national security requirements; to increase the capacity of domestic refineries and petrochemical plants to meet such requirements; and to encourage investment, exploration, and development necessary to assure such growth.

The Chairman informs me further, that the levels of imports heretofore fixed in calendar year 1973, with respect to Districts I–IV, District V, and Puerto Rico, reflect application of the established policy that for each such area the maximum level of imports shall be the difference between estimated supply and estimated demand, and that he finds that such levels of imports should be continued to be permitted without payment of the fees otherwise provided for in this proclamation.

I agree with the recommendations of the Chairman, and I deem it necessary and consistent with the national security objectives of the Trade [76 Stat. 872](/us/stat/76/872).[19 USC 1801 note](/us/usc/t19/s1801).Expansion Act of 1962, as amended, that provision be made for a gradual transition from the existing quota method of adjusting imports of petroleum and petroleum products to a long-term program for adjustment of imports of petroleum and petroleum products through the suspension of existing tariffs and the institution of a system of fees applicable to imports of crude oil, unfinished oils, and finished products, which fees may be adjusted from time to time.

NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority [USC prec. title 1](/us/usc/t1).[76 Stat. 877](/us/stat/76/877).[19 USC 1862](/us/usc/t19/s1862).vested in me by the Constitution and laws of the United States, including section 232 of the Trade Expansion Act of 1962, do hereby proclaim that, effective as of this date, that portion of Proclamation 3279, as [73 Stat. C25](/us/stat/73/C25).[19 USC 1862 note](/us/usc/t19/s1862).amended, beginning with section 1 thereof, is hereby amended to read as follows:

" “Sec. 1(a) In Districts I–IV, in District V, and in Puerto Rico, no crude oil, unfinished oils, or finished products may be entered for consumption or withdrawn from warehouse for consumption, except

(1)by or for the account of a person to whom a license has been issued by the Secretary of the Interior pursuant to an allocation made to such person by the Secretary in accordance with regulations issued by the Secretary, and such entries or withdrawals may be made only in accordance with the terms of such license, or

(2)as authorized by the Secretary pursuant to paragraph

(b)of this section, or

(3)as to finished products, by or for the account of a department, establishment, or agency of the United States, which shall not be required to have such a license 87 Stat. 1189but which shall be subject to the provisions of paragraph

(c)of this section, or

(4)as provided in paragraph

(c)of this section, or

(5)as otherwise provided in this proclamation.

(b)The Secretary of the Interior may, in his discretion, authorize entries, without allocation or license, of small quantities of crude oil, unfinished oils, or finished products.

(c)In Districts I–IV, District V, and in Puerto Rico, no department, establishment, or agency of the United States shall without prior payment of the fees provided for in this proclamation, import finished products in excess of the respective allocations made to them by the Secretary of the Interior. Such allocations shall, except as otherwise provided in this proclamation, be within the maximum levels of imports established in section 2 of this proclamation.

(d)The Secretary may, by regulation, provide that no allocation or license shall be required in connection with the transportation to the United States by pipeline through a foreign country’ of crude oil, unfinished oils, or finished products produced in the customs territory of the United States or, in the event of commingling with foreign oils of like kind and qualities incidental to such transportation, of quantities equivalent to the quantities produced in and shipped from such customs territory.” “Sec. 2(a) Except as otherwise provided in this proclamation, the maximum level of imports, from sources other than Canada and Mexico which may be made without prior payment of the fees provided in this proclamation, of crude oil, unfinished oils, and finished products (other than residual fuel oil to be used as fuel) shall be:

(1)for Districts I–IV, 1,992,000 average barrels per day per calendar year: *Provided*, That, in addition to the foregoing, there may be imported into District I an average of 50,000 barrels per day of No. 2 fuel oil, manufactured in the Western Hemisphere from crude oil produced in the Western Hemisphere under allocations made by the Secretary, pursuant to regulations of the Secretary, to deepwater terminal operators currently receiving allocations and who do not have crude oil import allocations into Districts I–IV; *Provided Further*, That, whenever the Chairman of the Oil Policy Committee finds that, because of supply, price, or other considerations, the requirement that No. 2 fuel oil be manufactured in the Western Hemisphere from crude oil produced in the Western Hemisphere is unduly restricting the availability of such oil for importation into District I and is not required for the national security, he shall so advise the Secretary who shall then suspend such requirement by appropriate regulation. No such suspension shall be renewed except upon a new finding by the Chairman as required by the preceding sentence; *Provided Further*, That, the Secretary may, by regulation, provide that a holder of an allocation for the importation of 87 Stat. 1190No. 2 fuel oil may import crude oil produced in the Western Hemisphere in lieu of No. 2 fuel oil, barrel for barrel, and exchange such crude oil for No. 2 fuel oil.

(2)for District V, 670,000 average barrels per day per calendar year.

(3)for Puerto Rico 227,221 average barrels per day per year commencing April 1, 1973; *Provided*, That no person who manufactures in Puerto Rico No. 2 fuel oil from crude oil produced in the Western Hemisphere shall incur a reduction of an allocation or be deemed to have violated a condition of an allocation by reason of a shipment of such oil to a person who holds an allocation of imports of No. 2 fuel oil into District I and who does not have a crude oil import allocation into District I; *Provided Further*, That, this limitation shall not apply to long-term allocations of imports into Puerto Rico.

(4)for District I, 2,900,000 average barrels per day per year, commencing April 1, 1973, of residual fuel oil to be used as fuel.

(5)for Districts II–IV, 42,000 average barrels per day per calendar year of residual fuel oil to be used as fuel.

(6)for District V, 75,600 average barrels per day per calendar year of residual fuel oil to be used as fuel.

(b)Imports of asphalt, ethane, propane, and butanes shall not be subject to the levels established in this proclamation nor shall any allocation or license be required for their importation.

(c)Crude oil may be imported into District I to be topped for use as burner fuel under such conditions as the Secretary may, by regulation, provide. The quantities of crude oil, unfinished oils, and finished products that may be imported into the United States under the provisions of this proclamation shall not be reduced by reason of imports of crude oil used as fuel under this paragraph.

(1)Except as otherwise provided in this proclamation, the maximum levels of imports from Canada of crude oil and unfinished oils to which license fees are not applicable shall be:

(i)for Districts I–IV, 960,000 average barrels per day per calendar year; *Provided*, That, the Secretary may, within the limits established by subparagraph

(1)of paragraph

(a)of this section, increase the quantity of crude oil, unfinished oils, and finished products which may be imported from Canada so long as such increase is consonant with the purposes of this proclamation.

(ii)for District V, 280,000 average barrels per day per calendar year; *Provided*, That, the Secretary may, within the limits established by subparagraph

(1)of paragraph

(a)of this section, increase the quantity of crude oil, unfinished oils, and finished products which may be im-87 Stat. 1191ported from Canada so long as such increase is consonant with the purposes of this proclamation.

(2)Entries for consumption of imports from Canada by pipeline may be made until midnight January 15 of the calendar year following the calendar year in which any license authorizing such imports from Canada was issued.

(e)Except as otherwise provided in this proclamation, the maximum level of imports from Mexico of crude oil produced in Mexico and unfinished oils and finished products produced in Mexico wholly from Mexican crude oil shall be 32,500 average barrels per day per calendar year.

(f)The levels established, and the total demand referred to, in this section do not include free withdrawals by persons pursuant to section 309 of the Tariff Act of 1930, as amended (19 U.S.C. 1309), or petroleum [52 Stat. 1080](/us/stat/52/1080); [67 Stat. 514](/us/stat/67/514); [74 Stat. 361](/us/stat/74/361).supplies for vessels or aircraft operated by the United States between points referred to in said section 309 (as to vessels or aircraft, respectively) or between any point in the United States or its possessions and any point in a foreign country.” “Sec. 3(a) Effective May 1, 1973, the Secretary shall, by regulation, establish a system of fees for licenses issued under allocations of imports of crude oil, unfinished oils, and finished products, over the above levels of imports established by section 2 of this proclamation. Such regulations shall require, among other appropriate provisions, that such fees shall be: Fee Schedule [Cents per barrel] May 1, Nov. 1, May 1, Nov. 1, May 1, Nov. 1, 1973 1973 1974 1974 1975 1975 Crude 10½ 13 15½ 18 21 21 Motor gasoline 52 54½ 57 59½ 63 63 All other finished products and unfinished oils (except ethane, propane and butanes) 15 20 30 42 52 63 *Provided*, That, license fees paid for imports of crude oil or unfinished oils will be refunded to the extent that such crude oils or unfinished oils have been incorporated into petrochemical or finished products subsequently exported or that asphalt as defined in this proclamation was produced from the imported feedstocks.

(b)Except for allocation and licenses to which the license fee is not applicable, applications for allocations of imports of crude oil, unfinished oils, or finished products shall be accompanied by the applicant’s certified check or a cashier’s check payable to the order of the Treasurer of the United States in the appropriate amount chargeable 87 Stat. 1192pursuant to this section. Applications not accompanied by a certified or cashier’s check in the amount required shall not be considered.

(1)All monies received by the Secretary under the terms of paragraph

(b)of this section shall be held by the Secretary of the Interior in a suspense account and may be drawn upon by the Secretary for the payment of any refunds of refundable license fees and for payments to Puerto Rico of sums collected by way of license fees for imports into Puerto Rico. Balances remaining in such suspense account not required for payment hereinabove provided shall be deposited at the end of each fiscal year in the Treasury of the United States and credited to miscellaneous receipts.

(2)Refunds pursuant to subparagraph

(1)of paragraph

(c)of this section shall be made without interest.” “Sec. 4(a) The Secretary of the Interior is hereby authorized to issue regulations for the purpose of implementing this proclamation.

(1)With respect to the allocation of imports of crude oil and unfinished oils into Districts I–IV and into District V, such regulations shall provide for a fair and equitable distribution of allocations of imports for which license fees are not applicable among eligible persons having refinery capacity in relation to refinery inputs or in relation to storage capacities of such allocation holders. The Secretary may, by regulation, also provide for the making of allocations of imports for which license fees are not applicable, of crude oil and unfinished oils into Districts I–IV and into District V to persons having petrochemical plants in these districts in relation to the outputs of such plants or in relation to inputs to such plants. Provision may be made in the regulations for the making of such allocations on the basis of graduated scales. Notwithstanding the levels prescribed in section 2 of this proclamation, the Secretary may also by regulation make such provisions as he deems consonant with the objectives of this proclamation for the making of allocations of imports of crude oil and unfinished oils to which the license fee is not applicable into Districts I–IV and into District V to persons who manufacture from crude oil and unfinished oils and who export finished products and petrochemicals, subject to such designations as the Secretary may make. Notwithstanding the levels established in section 2 of this proclamation the Secretary may make allocations to which license fees shall not be applicable to new, expanded, or reactivated refinery capacity and petrochemical plants for a period of five years from the date such facility comes on stream. Such allocations shall not exceed 75 percent of estimated refinery inputs or the percentage of petrochemical plant inputs applicable.

(2)Such regulations shall provide for the allocations of imports with respect to which license fees are not applicable of crude oil and unfinished oils into Puerto Rico among persons having refinery capacity in Puerto 87 Stat. 1193Rico in the calendar year 1964 on the basis of the allocation of crude and unfinished oils received by such persons for the allocation period commencing April 1, 1973; *Provided*, That, in respect of imports for which license fees are applicable, license fees paid for imports of crude oil and unfinished oils into Puerto Rico will be refunded to the extent that such crude oil or unfinished oils have been incorporated into finished products consumed in Puerto Rico or petrochemicals or finished products exported therefrom.

(3)Except for crude oil or unfinished oils imported under license or licenses for which a fee has been charged, or pursuant to specific relief granted pursuant to section 5, such regulations shall require that imported crude oil and unfinished oils be processed in the licensee’s refinery or petrochemical plant, except that exchanges for domestic crude or unfinished oils may be made, if otherwise lawful, if effected on a current basis and reported in advance to the Secretary, and if the domestic crude or unfinished oils are processed in the licensee’s refinery or petrochemical plant.

(4)With respect to the allocation of imports of finished products (other than residual fuel oil to be used as fuel) in respect of which license fees are not applicable into Puerto Rico, such regulations shall provide, to the extent possible for a fair and equitable distribution of imports of such finished products among persons who were importers of such finished products into Puerto Rico during all or part of the calendar year 1958, or such higher level as the Secretary may have determined to be required to meet demand in Puerto Rico for finished products that would not otherwise have been met, during the calendar year 1973.

(5)With respect to the allocation of imports to which license fees are not applicable of residual fuel oil to be used as fuel in Puerto Rico, 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 were importers of that product into Puerto Rico during all or part of the calendar year 1958. In addition, the Secretary by regulation may, to the extent possible, provide for a fair and equitable distribution of imports of residual fuel oil to be used as fuel, the maximum sulphur content of which is acceptable to the Secretary

(i)among persons who are in the business in the respective districts or Puerto Rico of selling residual fuel oil to be used as fuel and who had inputs of that product to deepwater terminals located in the respective districts or Puerto Rico and

(ii)among persons who are in the business in the respective districts or Puerto Rico of selling residual fuel oil to be used as fuel and who have throughput agreements (warehouse agreements) with deepwater terminal operators. 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

(i)among persons who are 87 Stat. 1194in the business in District I of selling residual fuel oil to be used as fuel and who have had inputs of that product to deepwater terminals located in District I, and

(ii)among persons who are in the business in District I of selling residual fuel oil to be used as fuel and have throughput agreements (warehouse agreements) with deepwater terminal operators. With respect to the allocation of imports of residual fuel oil to be used as fuel into District I, Districts II—IV, District V, and Puerto Rico, such regulations shall also provide, to the extent possible, for the granting of allocations of imports of residual fuel oil to be used as fuel in accordance with procedures established pursuant to section 5 of this proclamation.

(c)Such regulations may provide for the revocation or suspension by the Secretary of any allocation or license on grounds relating to the national security, or the violation of the terms of this proclamation, or of any regulation, allocation, or license issued pursuant to this proclamation.

(d)For the balance of the calendar year 1973, notwithstanding the levels established in section 2 of this proclamation and the provisions of paragraph

(b)of this section, the Secretary may provide by regulation for additional allocations of imports in respect of which license fees are not applicable of crude oil and unfinished oils to persons in District I–IV, and District V who manufacture in the United States residual fuel oil to be used as fuel, the maximum sulphur content of which is acceptable to the Secretary, in consultation with the Secretary of Health, Education, and Welfare. These allocations to each of such persons shall not exceed the amount of such residual fuel oil manufactured by that person.” “Sec. 5(a) The Secretary of the Interior is authorized to provide for the establishment and operation of an Appeals Board to consider petitions by persons affected by the regulations issued pursuant to this proclamation. The Appeals Board shall be comprised of a representative each from the Departments of the Interior, Justice, and Commerce to be designated respectively by the heads of such Departments.

(b)The Appeals Board may be empowered, subject to the general direction of the Chairman of the Oil Policy Committee,

(1)within the limits of the maximum levels of imports established in this proclamation, to modify on the grounds of error any allocation made to any person under such regulations;

(2)without regard to the limits of the maximum levels of imports established in this proclamation,

(i)to modify, on the grounds of exceptional hardship, any allocation with respect to which license fees are not applicable made to any person under such regulations;

(ii)to grant allocations of imports to which license fees will not be applicable of crude oil and unfinished oils in special circumstances to persons with importing histories who do not qualify for allocations under such regulations; and

(iii)to grant allocations of imports, to which license fees shall not be applicable, of finished products on the grounds of exceptional hardship; and to assure that adequate supplies of crude 87 Stat. 1195oil, unfinished oils, and finished products are made available to independent refiners or established marketers who are experiencing exceptional hardship or in emergencies requiring, in its judgment, the grant of allocations to them, and

(3)to review the revocation or suspension of any allocation or license. The Secretary may provide that the Board may take such action on petitions as it deems appropriate and that the decisions by the Appeals Board shall be final.

(c)Effective April 30, 1980, the jurisdiction of the Oil Import Appeals Board shall expire.” “Sec. 6 Persons who apply for allocations of crude oil, unfinished oils, or finished products, persons to whom such allocations have been made, and persons who hold such allocations shall furnish to the Secretary of the Interior such information and shall make such reports as he may require, by regulations or otherwise, in the discharge of his responsibilities under this proclamation.” “Sec. 7 The Chairman of the Oil Policy Committee shall provide policy direction, coordination, and surveillance of the oil import control program, including approval of regulations issued pursuant to this proclamation. He shall perform those functions after receiving the advice of the Oil Policy Committee and in accordance with guidance from the Assistant to the President with responsibility in the area of economic affairs.” “Sec. 8 The Oil Policy Committee shall consist of the Deputy Secretary of the Treasury, as Chairman, and the Secretaries of State, Defense, Interior, and Commerce, the Attorney General, and the Chairman of the Council of Economic Advisers, as members. The President may, from time to time, designate other officials to serve as members of the Committee. The Chairman may create subcommittees of the Committee to study and report to the Committee concerning specified subject matters.” “Sec. 9 The Oil Policy Committee shall consult with and advise the Chairman on oil import policy, including the operation of the control program under Proclamation 3279, as amended, and on recommendations [73 Stat. C25](/us/stat/73/C25).[19 USC 1862 note](/us/usc/t19/s1862).for changes in the program by the issuance of new proclamations with respect to it, or otherwise.” “Sec. 10 The Chairman of the Oil Policy Committee shall from time to time, as in his judgment k required, review the status of imports of petroleum and its primary derivatives in respect to the national security, and, after consultation with the Oil Policy Committee, he shall inform the President of any circumstances which, in the Chairman’s opinion, might indicate the need for further Presidential action under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended. [76 Stat. 877](/us/stat/76/877).[19 USC 1862](/us/usc/t19/s1862).In the event prices of crude oil or its products or derivatives should be increased after the effective date of this proclamation, beyond the limits contemplated by the Cost of Living Council, such review may include a 87 Stat. 1196determination as to whether such increase or increases are necessary to accomplish the national security objectives of section 232 of the Trade Expansion Act of 1962, as amended, and this proclamation.” “Sec. 11 Annually, beginning May 1, 1974, the maximum levels of imports subject to allocation and license, to which license fees shall not be applicable, shall be reduced as follows: For the year commencing May 1, 1974, the maximum levels of such imports shall be ninety percent (90%), in barrels per day, of the levels established during the calendar year 1973; For the year commencing May 1, 1975, the maximum levels of such imports shall be eighty percent (80%), in barrels per day, of the levels established during the calendar year 1973; For the year commencing May 1, 1976, the maximum levels of such imports shall be sixty-five percent (65%), in barrels per day, of the levels established during the calendar year 1973; For the year commencing May 1, 1977, the maximum levels of such imports shall be fifty percent (50%), in barrels per day, of the levels established during the calendar year 1973; For the year commencing May 1, 1978, the maximum levels of such imports shall be thirty-five percent (35%), in barrels per day, of the levels established during the calendar year 197 3; For the year commencing May 1, 1979, the maximum levels of such imports shall be twenty percent (20%), in barrels per day, of the levels established during the calendar year 1973. Effective April 30, 1980, the system of issuing allocations and licenses not subject to license fee shall be abolished; *Provided*, That, with respect to any allocation period expiring prior to May 1, 1974, such allocation period shall be extended to April 30, 1974, and the Secretary shall issue appropriate regulations to issue additional oil import licenses to reflect such extension.” “Sec. 12(a) Commitments and obligations contained in long-term allocations heretofore made of imports of crude oil into Puerto Rico shall be unimpaired by this proclamation or regulations issued thereunder.

(b)Commitments and obligations contained in that certain allocation made to Hess Oil and Chemical Corporation of imports of finished products into Districts I–IV, dated December 12, 1967, effective January 1, 1968, shall be unimpaired by this proclamation or regulations issued thereunder.” 87 Stat. 1197 “Sec. 13 The Secretary of the Interior may delegate, and provide for successive redelegation of, the authority conferred upon him by this proclamation. All departments and agencies of the Executive Branch of the Government shall cooperate with and assist the Secretary of the Interior in carrying out the purposes of this proclamation.” “Sec. 14 Executive Order 1 0761 of March 27, 1958, entitled “Government Purchases of Crude Petroleum and Petroleum Products” (23 FR 2067) is revoked.” “Sec. 15 As used in this proclamation:

(a)“Person” includes an individual, a corporation, firm, or other business organization or legal entity, and an agency of a state, territorial or local government, but does not include a department, establishment, or agency of the United States.

(b)“District I” means the states of Maine, New Hamsphire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, Delaware, West Virginia, Virginia, North Carolina, South Carolina, Georgia, Florida, and the District of Columbia.

(c)“Districts II–IV” means all of the states of the United States except those states within District I and District V.

(d)“Districts I–IV” means the District of Columbia and ail of the states of the United States except those states within District V.

(e)“District V” means the states of Arizona, Nevada, California, Oregon, Washington, Alaska, and Hawaii.

(f)“Crude oil” means a mixture of hydrocarbons that existed in natural underground reservoirs and which is liquid at atmospheric pressure after passing through surface separating processes and does not include natural gas products. It includes the initial liquid hydrocarbons produced from tar sands, gilsonite, and oil shale.

(g)“Finished products” means any one or more of the following petroleum oils, or a mixture or combination of such oils, or any component or components of such oils which are to be used without further processing by any one or more of the processes described in subparagraphs

(1)through

(3)of paragraph

(h)of this section, and which, as of January 1, 1973, under the Tariff Schedules of the United States, [77A Stat. 3](/us/stat/77A/3).[19 USC 1202](/us/usc/t19/s1202).were not subject to a duty of more than one cent ($0.01) per pound of the hydrocarbons therein contained:

(1)The term “liquefied gases” means the following liquefied or liquefiable gases, namely, ethane, propane, butanes, ethylene, propylene, and butylenes which are derived by refining or other processing of natural gas, crude oil, or unfinished oils. 87 Stat. 1198

(2)“Gasoline” means a refined petroleum distillate, including naphtha, jet fuel or other petroleum oils (but not isoprene or cumene having a purity of 50 percent or more by weight, or benzene which meets the ASTM distillation standards for nitration grade) derived by refining or processing crude oil or unfinished oils, in whatever type of plant such refining or processing may occur, and having a boiling range at atmospheric pressure from 80° to 400° F.

(3)“Kerosene” means any jet fuel, diesel fuel, fuel oil or other petroleum oils derived by refining or processing crude oil or unfinished oils, in whatever type of plant such refining or processing may occur, which has a boiling range at atmospheric pressure from 400° to 550° F.

(4)“Distillate fuel oil” means any fuel oil, gas oil, topped crude oil, or other petroleum oils, derived by refining or processing crude oil or unfinished oils, in whatever type of plant such refining or processing may occur, which has a boiling range at atmospheric pressure from 550° to 1200° F.

(5)“Residual fuel oil” means a petroleum oil, which is

(i)any topped crude or viscous residuum of crude or unfinished oils or one or more of the petroleum oils defined in subparagraphs

(2)through

(4)of this paragraph (g), which has a viscosity of not less than 45 seconds Saybolt Universal at 100° F. to be used as fuel without further processing other than by mechanical blending or

(ii)crude oil to be used as fuel without further processing other than by blending by mechanical means.

(6)“Asphalt” means a solid or semi-solid cementitious crude oil or derivative of crude oil, 50 percent or more of the constituents of which are bitumins, which is not to be used as fuel and which is to be used without further processing except airblowing or blending by mechanical means.

(7)“Lubricating oils” means any lubricant containing more than 50 percent by volume of refined petroleum distillates or specially treated petroleum residuum.

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

(2)through

(4)of this paragraph (g).

(h)“Unfinished oils” means one or more of the petroleum oils listed in clauses

(1)through

(4)and clause

(8)of paragraph

(g)of this section or a mixture or combination of such oils, or any component or 87 Stat. 1199components of such oils, which are to be further processed in one or more of the following ways:

(1)By distillation with a resulting yield of at least two distinct finished products or unfinished oils, two of which must be equal to not less than 10 percent of the total charge of such imported unfinished oils to a distillation unit. Different grades or specifications of finished products or unfinished oils will not constitute distinct finished products or unfinished oils for purposes of this subparagraph. Distillation of petroleum oils which have been reconstituted by blending of two or more finished products or unfinished oils does not constitute processing for the purposes of this subparagraph.

(2)By catalytic or thermal conversion in process units such as alkylation, coking, cracking, hydrofining, hydrodesulfurization, polymerization, isomerization, dehydrogenation, or refining.

(3)By physical separation established by means of solvent dewaxing, solvent deasphalting, solvent extraction, or extractive distillation.

(i)As used in paragraphs

(g)and

(h)of this section, the term “petroleum oil” includes only hydrocarbons derived from crude oil or natural gas.

(j)The term “imports from Canada” as used in this proclamation, means entries for consumption or withdrawals from warehouse for consumption of the following items which have been transported into the United States from Canada, by overland means (pipeline, rail, or other means of overland transportation) or over waterways other than ocean waterways, to-wit: crude oil produced in Canada, unfinished oils which have been derived from crude oil or natural gas produced in Canada, and finished products which have been produced in Canada from crude oil produced in Canada.

(k)The expression “long-term allocation” means:

(1)That certain allocation made to Commonwealth Oil Refining Company, Inc., of imports of crude and unfinished oils into Puerto Rico dated May 10, 1968—effective January 1, 1968 (as amended).

(2)That certain allocation made to Phillips Petroleum Company of imports of unfinished oils into Puerto Rico—dated December 23, 1965—effective January 1, 1966 (as amended).

(3)That certain allocation made to Sun Oil Company of imports of crude oil into Puerto Rico—effective April 18, 1968 (as amended).

(4)That certain allocation made to Union Carbide Corporation of imports of crude oil and unfinished oils into Puerto Rico—dated April 19, 1968—effective April 19, 1968. 87 Stat. 1200

(5)That certain allocation made to Hess Oil and Chemical Corporation of imports of finished products into Districts I–IV—dated December 12, 1967—effective January 1, 1968 (Hess Oil and Chemical Corporation now Amerada-Hess).

(l)The term “imports” includes both entry for consumption and withdrawal from warehouse for consumption.” “Sec. 16. Effective as of May 1, 1973, tariffs upon imports of petroleum [77A Stat. 213](/us/stat/77A/213); [82 Stat. 1546](/us/stat/82/1546).[19 USC 1202](/us/usc/t19/s1202).and petroleum products listed in Schedule 4, Part 10—“Petroleum, natural gas, and products derived therefrom” of the Tariff Schedules of the United States shall be and are suspended.” " IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of April, in the year of our Lord nineteen hundred seventy-three and of the Independence of the United States of America the one hundred ninety-seventh. 4211 April 21, 1973 Thirtieth Anniversary of the Warsaw Ghetto Uprising Digitization Vendor By the President of the United States of America Proclamation PROCLAMATION 4211 Thirtieth Anniversary of the Warsaw Ghetto Uprising April 21, 1973 By the President of the United States of America A Proclamation Thirty years ago a remnant of determined Polish Jews launched a resistance of desperation in the Warsaw Ghetto. All who took part knew that death would be the almost certain consequence, yet they readily chose that path in them struggle for freedom. As we recall the valor of these honored and desperate heroes, we are mindful that the price of freedom is high. The debt we owe the gallant defenders of the Warsaw Ghetto is part of the same obligation all of us who live in freedom owe to those who refuse to capitulate in the face of invasion or violence. The names of these Warsaw Ghetto warriors are an inspiration to free men everywhere. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, in accordance with House Joint Resolution *Ante*, p. 23.303, do hereby designate the twenty-ninth day of April 1973 to mark the thirtieth anniversary of the uprising against the Nazi occupation 87 Stat. 1201forces by the beleaguered and outnumbered Jews of the Warsaw Ghetto who, by their heroic deeds, reaffirmed the determination of the oppressed to fight for freedom and dignity and thereby helped keep alive the spirit of liberty. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of April, in the year of our Lord nineteen hundred seventy-three, and of the Independence of the United States of America the one hundred ninety-seventh. 4212 April 21, 1973 National Arthritis Month, 1973 Digitization Vendor By the President of the United States of America Proclamation PROCLAMATION 4212 National Arthritis Month, 1973 By the President of the United States of America April 21, 1973 A Proclamation Arthritis and the rheumatic diseases are the Nation’s number one crippling disorders. They afflict some 17 million Americans of all ages, causing their victims untold suffering and cruel limitations of normal activity. Among the chronic illnesses suffered by our people, only heart disease is more widespread. The cost of arthritis and rheumatic diseases to Americans must be counted not only in billions of dollars of lost earnings and medical expenses each year, but also in poignant human terms. This is a price we need not continue to pay. Year by year the advancement of medical science through private and publicly supported medical research and education permits thousands of arthritis victims to receive more effective treatment and live freer lives. We can and must continue this progress and extend its benefits to all who have been so unjustly sentenced to lives of pain and disability from arthritis and the rheumatic diseases. NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, do hereby proclaim the month of May 1973 as National Arthritis Month. I invite the Governors of the States, the Commonwealth of Puerto Rico, and officials of other areas subject to the jurisdiction of the United States to issue similar proclamations. I urge individuals and organizations working in the educational, philanthropic, scientific, medical and health care fields to accelerate our national effort to discover the cause and cures of arthritis and rheumatic diseases and to alleviate the suffering of persons struck by these disorders. 87 Stat. 1202And I ask the wholehearted support of all Americans for this vital humanitarian cause. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of April, in the year of our Lord nineteen hundred seventy-three, and of the Independence of the United States of America the one hundred ninety-seventh. 4213 April 25, 1973 Proclamation Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities Digitization Vendor By the President of the United States of America Proclamation PROCLAMATION 4213 Proclamation Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities April 25, 1973 By the President of the United States of America A Proclamation WHEREAS, pursuant to section 22 of the Agricultural Adjustment [64 Stat. 261](/us/stat/64/261); [65 Stat. 75](/us/stat/65/75).Act, as amended (7 U.S.C. 624), limitations have been imposed by Presidential proclamations on the quantities of certain dairy products which may be imported into the United States in any quota year; and WHEREAS, the import restrictions proclaimed pursuant to said section 22 are set forth in part 3 of the Appendix to the Tariff Schedules [77A Stat. 441](/us/stat/77A/441).[19 USC 1202](/us/usc/t19/s1202).of the United States; and WHEREAS, at my request, the United States Tariff Commission has made an investigation under the authority of subsection

(d)of section 22 of the Agricultural Adjustment Act, to determine whether additional quantities of the articles provided for in items 950.07 through 950.10E of the Tariff Schedules of the United States (hereinafter referred to as “cheese”) may be entered for a temporary period without rendering or tending to render ineffective, or materially interfering with, the price support program now conducted by the Department of Agriculture for milk or reducing substantially the amount of products processed in the United States from domestic milk; and WHEREAS, the said Commission has submitted to me a report of its investigation; and 87 Stat. 1203 WHEREAS, on the basis of such investigation and report, I find and declare that changed circumstances require the modification for a temporary period, as hereinafter proclaimed, of the quotas on cheese provided for in items 950.07 through 950.10E of the Tariff Schedules of the United [77A Stat. 4](/us/stat/77A/4); [86 Stat. 1644](/us/stat/86/1644).[19 USC 1202](/us/usc/t19/s1202).[64 Stat. 261](/us/stat/64/261); [65 Stat. 75](/us/stat/65/75).[7 USC 624](/us/usc/t7/s624).States, in order to carry out the purposes of the said section 22; and WHEREAS, I find and declare that the allocation of shares of the import quotas proclaimed herein among the countries of origin shall be based upon the proportion of such articles supplied by such countries during the applicable representative periods, taking due account of any special factors which may have affected or may be affecting the trade in the articles concerned; and WHEREAS, I find and declare that the entry during the period ending July 31, 1973, of the additional quantities of cheese specified below will not render or tend to render ineffective, or materially interfere, with, the price support program which is being undertaken by the Department of Agriculture for milk and will not reduce substantially the amount of products processed in the United States from domestic milk; NOW, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of section 22 of the Agricultural Adjustment Act, as amended, and the Tariff Classification Act of 1962, do hereby proclaim that headnote 3(a) of [76 Stat. 72](/us/stat/76/72).[19 USC prec. 1202 note](/us/usc/t19/s1202).*Ante*, p. 1149.part 3 of the Appendix to the Tariff Schedules of the United States is temporarily amended by adding a new subdivision as follows:

(vii)Notwithstanding any other provision of this part, quantities of the articles described in items 950.07 through 950.10E, equivalent to 50 per centum of the total of the annual quota quantities for such articles may be entered during the period beginning April 25, 1973, and ending July 31, 1973, in addition to the total of the annual quota quantities specified for such articles. Such additional quantities may be entered only by or for the account of a person or firm to which a license has been issued under authority of the Secretary of Agriculture and in accordance with the terms of such license. Licenses shall be issued to the same persons or firms as licenses for the entry during calendar year 1973 of the quota quantities specified in items 950.07 through 950.10E. Licenses shall be issued on such basis that (*a*) each of the annual quota quantities provided for the articles described in items 950.07, 950.08B, 950.09A, [77A Stat. 442](/us/stat/77A/442); [81 Stat. 1112](/us/stat/81/1112); [82 Stat. 1652](/us/stat/82/1652); [83 Stat. 916](/us/stat/83/916).[19 USC 1202](/us/usc/t19/s1202).950.09B, 950.10, 950.10A, and for each of the supplying countries, wherever applicable, are increased by 50 per centum for calendar year 1973, and (*b*) each of the annual quota quantities provided for the articles described in the items set forth in the following table and for each of the supplying countries, wherever applicable, are increased for calendar year 1973 by the amounts set forth in such table: Item No. Supplying Country Quantity in pounds 950.08A Australia 910, 000 Canada 306, 000 Ireland 659, 000 New Zealand 6, 529, 000 Sweden 65, 000 Other Countries as follows: Austria, Belgium, Bulgaria, Denmark, Israel, Italy, Netherlands, Portugal, Switzerland, United Kingdom, and West Germany (aggregate) 154, 000 87 Stat. 1204 Item No. Supplying County Quantity in pounds 950.10B Austria 6, 281,000 Denmark 2, 584, 000 Finland None Norway 836, 000 Switzerland 134, 000 West Germany 146, 000 Netherlands 105,000 Israel 30, 000 Other Countries 94, 000 950.10C Austria 864,000 Denmark 2, 102, 000 Finland None Switzerland 1,374, 000 West Germany None Ireland 105,000 Norway 41,000 Portugal 138, 000 Other Countries 88,000 950.10D Belgium 235, 000 Denmark 8, 806, 000 Finland None France 1, 509, 000 Iceland 321, 000 Ireland 81,000 Netherlands 211,000 Norway 178, 000 Poland 1, 032,000 Sweden 897, 000 Switzerland 108,000 United Kingdom 248, 000 West Germany 2, 033, 000 New Zealand None Canada 1, 397, 000 Portugal 114,000 Austria 100, 000 Italy 9, 000 Israel 73, 000 Other Countries 144, 000 950.10E Denmark 3, 340, 000 Iceland 32,000 Ireland None Poland 193, 000 United Kingdom 395, 000 West Germany 50, 000 Australia None Other Countries None In addition to the foregoing and to the annual quota quantity specified for such article, up to 612,500 pounds of the article described in item *Ante*, p. 1203.950.08A, consisting of natural cheddar cheese, the product of Canada, made from unpasteurized milk and aged not less than 9 months, which prior to the exportation has been certified to meet such requirements by an official of the Canadian Government, may be entered without license during the period beginning April 25, 1973, and ending July 31, 1973. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of April in the year of our Lord nineteen hundred and seventy-three, and of the Independence of the United States of America the one hundred ninety-seventh. 4214 May 4, 1973 World Trade Week, 1973 Digitization Vendor By the President of the United States of America Proclamation

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