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Code · STATUTES-AT-LARGE · Vol. 94 STAT. · January 4, 1980 · Proclamation 4711

Proclamation 4711.

4,176 words·~19 min read·/statutes-at-large/vol-94/proclamation-4711·

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

94 STAT. 3705 Proclamation 4711 of January 4, 1980 Staged Reduction of Rates of Duty on Certain Products To Carry Out Trade Agreements With Indonesia, Trinidad and Tobago and With the Countries Forming the Cartegena Agreement By the President of the United States of America A Proclamation 1. I have determined, pursuant to section 101(a) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2111(a)), that certain existing duties of the United States are unduly burdening and restricting the foreign trade of the United States and that one or more of the purposes of the Trade Act would be promoted[19 USC 2101](/us/usc/t19/s2101). by entering into the trade agreements identified in the third recital of this proclamation. 2.
Sections 131(a), 132, and 133, 134, 135, and 161(b) of the Trade Act (19 U.S.C. 2151(a), 2152, 2153, 2154, 2155 and 2211(b)) and section 4(c) of Executive Order No. 11846 of March 27, 1975, have been complied with.[19 USC 2111](/us/usc/t19/s2111) note. 3. Pursuant to Title I of the Trade Act (19 U.S.C. 2111 *et seq.)*, I have, through my duly empowered representative, entered into product-specific trade agreements with Indonesia, on November 29, 1979, with Trinidad and Tobago on December 19, 1979, and with the countries forming the Cartegena Agreement on December 14, 1979, pursuant to which United States rates of duty on certain products would be modified as hereinafter proclaimed and as provided for in the annexes to this proclamation, in exchange for certain measures which will benefit United States interests. 4.
In order to implement the trade agreements referred to in the third recital of this proclamation it is necessary to modify the Tariff Schedules of the United States
(TSUS)(19 U.S.C. 1202) as provided for in the annexes to this proclamation, attached hereto and made a part hereof. 5. Pursuant to section 855(a) of the Trade Agreements Act of 1979 (93 Stat. 295), I have determined that, in the case of bitters containing spirits classified under item 168.12 of the TSUS. adequate reciprocal concessions have been received, under the trade agreement identified in the third recital of this proclamation which was entered into under the Trade Act of 1974. with Trinidad and Tobago, for the application of the rate of duty appearing in rate column numbered 1 for such item on January 1, 1979, or the comparable item determined on a proof gallon basis. 6. Each modification of existing duty proclaimed herein which provides with respect to an article for a decrease in duty below the limitation specified in section 101(b)(i) of the Trade Act of 1974 (19 U.S.C. 2111(b)(i)) is authorized by one or more of the following provisions or statutes:
(a)Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C. 2111(b)(2)), by virtue of the fact that the rate of duty existing on January 1, 1975, applicable to the article was not more than 5 percent as valorem (or ad valorem equivalent);
(b)Section 109 of the Trade Act of 1974 (19 U.S.C. 2119(b)), by virtue of the fact that I have determined, pursuant to that section, that the decrease authorized by that section will simplify the computation of the amount of duty imposed with respect to the article; and 94 STAT. 3706
(c)Section 855(a) of the Trade Agreements Act of 1979 (93 Stat. 295) by virtue of the authority in such section for specified concessions based on reciprocity. 7. [19 USC 2101](/us/usc/t19/s2101).Pursuant to the Trade Act. I determine that the modifications or continuances of existing duties hereinafter proclaimed are required or appropriate to carry out the trade agreements identified in the third recital of this proclamation. NOW. THEREFORE. 1. JIMMY CARTER. President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including sections 101, 105, 109, and 604 of the Trade Act (19 U.S.C. 2111, 2115, 2119. and 2483), and Titles V and VIII of the Trade [93 Stat. 273](/us/stat/93/273).Agreements Act of 1979 (93 Stat. 250) do proclaim, subject to any applicable provisions of the agreements identified in the third recital of this proclamation and of the United States law. that—
(1)[19 USC 1202](/us/usc/t19/s1202).The TSUS is modified as provided in Annexes I and II to this proclamation.
(2)Each of the modifications to the TSUS made by this proclamation shall be effective as to articles entered, or withdrawn from warehouse, for consumption on and after January 1, 1980.
(3)The rate of duty applicable to TSUS item 168.12 has been reduced under section 101 of the Trade Act of 1974 (19 U.S.C. 2111), as indicated in Annex II, from the rate of duty appearing in rate column numbered 1 on January 1, 1979, for the comparable item determined on a proof gallon basis. IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of January, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth. JIMMY CARTER Annex 1 *Notes:* 1. A rate of duty specifically set forth in this Annex which does not reflect a concession granted in the Trade Agreement with Indonesia is enclosed in brackets. Additional bracketed matter is included to assist in the understanding of proclaimed modifications. 2. The items and superior descriptions in this annex are set forth in columnar form, and material in such columns is inserted in the columns designated. “Item”. “Articles”. “Rates of Duty 1”. and “Rates of Duty 2”. respectively, in the Tariff Schedules of the United States. Subject to the above notes and to the insertion, as indicated herein, of the appropriate rates of duty set forth in Annex 11 to this proclamation, the Tariff Schedules of the United States are modified as follows: Schedule 1. Part 13 1. Item 170.65 is superseded by: “ Cigarettes: 170.63 Containing clove [See Annex II] [$4. Super lb. + 25% ad val.] 170.04 Other [$1.06 per lb. + 5% ad val.] [$4.50 per lb.+ 25% ad val.] ” Schedule 1. Part 15, Subpart B 2. Schedule 1, Part 5a is modified by adding the following new item in numerical sequence: “ 182.49 Shrimp chips [See Annex II] 20% ad val.] 94 STAT. 3707 Annex II Staged rate modification of the Tariff Schedules of the United States each rate in the following table for an item in the Tariff Schedules of the United States
(TSUS)identified therein is inserted in column numbered 1 in such item effective for articles provided for therein which are entered, or withdraw from warehouse for consumption on and after the date at the head of the column in which such rate is set form and except for rates in the final column, such rate shall be superseded by the rate for that item in the immediately following column, effective for articles which are entered, or withdrawn from warehouse for consumption on and after the date at the head of such letter column: Item in TSUS as Modified by Annex I Rate from which staged Rates of duty, effective on and after January 1 1960 1961 1962 1963 1964 1965 1986 1987 146.42 3.5% ad val. 3.1% ad val. 2.6% ad val. 2.2% ad val. 1.8% ad val. 1.3 %ad val. 0.9% ad val. 0.4% ad val. Free 152.00 7% ad val. 6.5% ad val. 6% ad val. 5.4% ad val. 4.9% ad val. 4.4% ad val. 3.9% ad val. 3.3% ad val. 2.6% ad val. 161.43 9¢ per lb. 7.8¢ per lb. 6% per lb. 5.6% per lb. 4.5% per lb. 53.3% per lb.0 2.2% per lb. 1.1% per lb. Free 161.65 1.5¢ per lb. 1.3¢ per lb. 1.1% per lb. 0.9% per lb. 0.7¢ per lb. 0.5¢ per lb. 0.3¢ per lb. 0.1¢ per lb. Free 168.12 94¢ per proof gal. 76¢ per proof gal. 58¢ per proof gal. 40¢ per proof gal. 38¢ per proof gal. 38¢ per proof gal. 38¢ per proof gal. 38¢ per proof gal. 38¢ per proof gal. 168.13 94¢ per proof gal. 76¢ per proof gal 58¢ per proof gal 40¢ per proof gal 38¢ per proof gal. 38¢ per proof gal. 38¢ per proof gal. 38¢ per proof gal. 38¢ per proof gal. 170.63 $1.06 per lb.+ 5% ad val. 98¢ per lb.+4.6 % ad val. 90¢ per lb.+4.. % ad val. 82¢ per lb.+3.9 % ad val. 74¢ per lb.+3.5 % ad val. 66¢ per lb.+3.1 % ad val. 58¢ per lb.+ 2.8% ad val. 50¢ per lb.+2.4 % ad val. 42¢ per lb.+2% ad val. 182.49 10% ad val. 9.3% ad val. 8.5% ad val. 7.5% ad val. 7% ad val. 6.3% ad val. 5.5% ad val. 4.8% ad val. 4% ad val. 184.85 7.5% ad val. 5.2% ad val. 3% ad val. 3% ad val. 3% ad val. 3% ad val. 3% ad val. 3% ad val. 3% ad val. 193.10 .. 6¢ per lb. 5.6¢ per lb. 5.2¢ per lb. 4.8¢ per lb. 4.5¢ per lb. 4.1¢ per lb. 3.7¢ per lb. 3.3¢ per lb. 3¢ per lb. 253 20 4.7% ad val. 4.1% ad val. 3.5% ad val. 2.9% ad val. 2.4% ad val. 1.8% ad val. 1.2% ad val. 0.5% ad val. Free 661.68 6% ad val. 5.8% ad val. 5.6% ad val. 5.3% ad val. 5.1% ad val. 4.9% ad val. 4.7% ad val. 4.4% ad val. 4.2% ad val. 664.10 5%ad val. 4.5%ad val. 4.3%ad val. 3.9%ad val. 3.5%ad val. 3.1%ad val. 2.8%ad val. 2.4%ad val. 2%ad val. 666.04 8.5% ad val. 5.3% ad val. 5.3% ad val. 5.3% ad val. 5.3% ad val. 5.3% ad val. 5.3% ad val. 5.3% ad val. 5.3% ad val. 702.25 85¢ per doz. + 8.5% ad val. 78¢ per doz. + 7.9% ad val. 72¢ per doz. + 7.2% ad val. 65¢ per doz. + 6.6% ad val. 59¢ per doz. + 6% ad val. 53¢ per doz. + 5.3% ad val. 46¢ per doz. + 4.7% ad val. 40¢ per doz. + 4% ad val. 34¢ per doz. + 3.4% ad val. 702.35 625% ad val. 5.8% ad val. 5.3% ad val. 4.8% ad val. 4.4% ad val. 3.9% ad val. 3.4% ad val. 3% ad val. 2.5% ad val. 702.40 6¢ per doz. + 5% ad val. 5.5¢ per doz. + 5% ad val. 5.1¢ per doz. + 5% ad val. 4.6¢ per doz. + 5% ad val. 4.2¢ per doz. + 5% ad val. 3.7¢ per doz. + 5% ad val. 3.3¢ per doz. + 5% ad val. 2.8¢ per doz. + 5% ad val. 2.4¢ per doz. + 5% ad val. 4712 January 11, 1980 George Meany Digitization Vendor By the President of the United States of America A Proclamation Proclamation 4712 of January 11, 1980 George Meany By the President of the United States of America A Proclamation At a time when freedom is once again under challenge around the world, we will remember George Meany. We will remember him as the symbol of a vibrant free trade union movement. We will remember him as the champion of the highest values of our democracy. In a career that exceeded a half century, George Meany changed the shape of America for the better in hundreds of ways, great and small, through the force of his character and through the integrity of his beliefs. The modern American labor movement—strong, united and free—is George Meany's enduring legacy to our Nation. It is proper and fitting that we honor his memory today and that we remember his many contributions to our Nation. NOW, THEREFORE, I, JIMMY CARTER, President of the United States of America, by virtue of the authority vested in me as Commander-in-Chief of the Armed Forces (36 U.S.C. 178) do hereby proclaim that, as a mark of respect to the memory of George Meany and his numerous contributions to our Nation, the flag of the United States shall be flown at half-staff on all buildings, grounds and naval vessels of the Federal government in the District of Columbia and throughout the United States and its Territories and possessions until his interment. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. 94 STAT. 3708 IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of January, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth. JIMMY CARTER 4713 January 16, 1980 Temporary Duty Increase on the Importation Into the United States of Certain Nonelectric Cooking Ware of Steel Digitization Vendor By the President of the United States of America A Proclamation Proclamation 4713 of January 16, 1980 Temporary Duty Increase on the Importation Into the United States of Certain Nonelectric Cooking Ware of Steel By the President of the United States of America A Proclamation 1. Pursuant to section 201(d)(1) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2251(d)(1)), the United States International Trade Commission (USITC), on November 5, 1979, reported to the President (USITC Report 201–39) the results of its investigation under section 201(b) of the Trade Act (19 U.S.C. 2251(b)). The USITC determined that nonelectric cooking ware of steel, enameled or glazed with vitreous glasses, is being imported into the United States in such increased quantities as Io be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing articles like or directly competitive with the imported articles. The subject articles are now provided for in item 654.02 of the Tariff Schedules of the United States
(TSUS)(19 U.S.C. 1202) (formerly provided for in item 653.97, TSUS). The USITC recommended the imposition of additional duties on imports of the above specified articles. 2. On January 2, 1980, pursuant to section 202(b)(1) of the Trade Act (19 U.S.C..2252(b)(1)), and after taking into account the considerations specified in section 202(c) of the Trade Act (19 U.S.C. 2252(c)), I determined to remedy or prevent the injury or threat thereof, found to exist by the USITC. by proclaiming a temporary duty increase. On January 2, 1980, in accordance with section 203(b)(1) of the Trade Act (19 U.S.C. 2253(b)(1)), I transmitted a report to the Congress setting forth my determination and intention to proclaim a temporary duty increase and stating the reasons why my decision differed from the action recommended bv the USITC. 3. Section 503(c)(2) of the Trade Act (19 U.S.C. 2463(c)(2)) provides that no article shall be eligible for purposes of the Generalized System of Preferences
(GSP)for any period during which such article is the subject of any action proclaimed pursuant to section 203 of the Trade Act (19 U.S.C. 2253). 4. Section 203(e)(1) of the Trade Act (19 U.S.C. 2253(e)(1)) requires that import relief be proclaimed and take effect within 15 days after the import relief determination date. 5. Pursuant to sections 203(a)(1) and 203(e)(1) of the Trade Act (19 U.S.C. 2253(a)(1) and 2253(e)(1)), I am providing import relief through the temporary increase of the import duty on certain nonelectric cooking ware of steel, as hereinafter proclaimed. NOW. THEREFORE, I, JIMMY CARTER, 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 General Headnote 4 of the TSUS (19 U.S.C. 1202), section 604 and section 203 of the Trade Act (19 U.S.C. 2483; and 19 U.S.C. 2253), and in accordance with Articles I and XIX of the General Agreement on Tariffs and Trade
(GATT)(61 Stat. (pt. 5) A12 and 61 Stat. (pt. 5) A58; 8 UST (pt. 2) 1786), do proclaim that—
(1)[61 Stat. A1157](/us/stat/61/A1157). Part I of Schedule XX to the GATT is modified to conform to the actions taken as set forth in the Annex to this proclamation. 94 STAT. 3709
(2)Subpart A. part 2 of the Appendix to the TSUS is modified as set forth in the Annex to this proclamation.
(3)GSP eligibility is suspended for the nonelectric cooking ware of steel classified under TSUS item 923.60 as added by the Annex to this proclamation for such time as the import relief provided for therein is in effect.
(4)This proclamation shall be effective as to articles entered, or withdrawn from warehouse, for consumption on or after January 17, 1980, and before the close of January 16, 1984, unless the period of its effectiveness is earlier expressly suspended, modified or terminated.
(5)The Commissioner of Customs shall take such action as the U.S. Trade Representative shall direct in the implementation and administration of the import relief herein proclaimed. IN WITNESS WHEREOF. I have hereunto set my hand this sixteenth day of January, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth. JIMMY CARTER ANNEX Subpart A. part 2 of the Appendix to the TSUS (19 U.S.C. 1202) is modified—
(1)by adding the following new headnote 7: " “7. *United States International Trade Commission (USITC) surveys on certain nonelectric cooking ware of steel—*The USITC shall conduct surveys with respect to cooking ware of the type subject to temporary duty increases under item 923.60 as follows: “(a) *Semiannually—*Surveys semiannually to obtain periodic data on U.S. production; U.S. producers’ domestic, export, and total shipments, imports, apparent U.S. consumption, employment, and man-hours. The initial survey shall cover the last half of 1979 and the first half of 1980, the last such survey shall cover the semiannual period which ends not less than 60 days prior to the termination of the import relief. The results of the surveys shall be published and transmitted to the U.S. Trade Representative within 60 days of the end of each survey period. “(b) *Annually—*Annual surveys to obtain from domestic producers annual data on profits, capital expenditures, capacity, and capacity utilization. The initial survey shall cover calendar year 1979. and the results of this and subsequent surveys shall be published and transmitted to the U.S. Trade Representative by the end of the first quarter of each year thereafter so long as the import relief is in effect.” and "
(2)by inserting in numerical sequence the following new provision: " Item Articles Rates of Duty 1 2 “923.60 Cooking ware (except teakettles) of steel, not having self contained electrical heating elements, enameled or glazed with vitreous glasses, and valued not over $2.25 per pound, provided for in item 654.02 Effective on or after January 17,— 1980 1981 1982 1983 The rote provided for in item 654.02+ 20¢ per lb., but the total duly shall not exceed 53.3% ad val. The rote provided for in item 654.02 + 20¢ per lb., but the total duty shall not exceed 53.3% ad val. The rate provided for in item 654.02 + 15¢ per lb. but the total duty shell not exceed 53.3% od val. The rate provided for in item 654.02 + 10¢ per lb., but the total duty shall not exceed 53.3% od val. 35.5% ad val., but not less than the rate which would have applied hod the imported article been subject to the applicable column 1 rate of duty provided herein for this item. ” " 94 STAT. 3710 Editorial Note: The text of the President s letters to the Speaker of the House and the President of the Senate, and a memorandum for the Special Representative for Trade Negotiations, both dated Jan. 2, 1960. on the American porcela+on-steel cookware industry, is printed in the Weekly Compilation of Presidential Documents (vol. 16. p. 2—3). 4714 January 18, 1980 Temporary Duty Increase on the Importation Into the United States of Certain Anhydrous Ammonia From the Union of Soviet Socialist Republics Digitization Vendor By the President of the United States of America A Proclamation Proclamation 4714 of January 18, 1980 Temporary Duty Increase on the Importation Into the United States of Certain Anhydrous Ammonia From the Union of Soviet Socialist Republics By the President of the United States of America A Proclamation 1. Pursuant to sections 406(c), 202, and 203 of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2436(c), 2252 and 2253), 1 hereby find that there are reasonable grounds to believe, with respect to imports of anhydrous ammonia from the Union of Soviet Socialist Republics (U.S.S.R.) provided for in [19 USC 1202](/us/usc/t19/s1202).items 417.22 and 480.65 of the Tariff Schedules of the United States (TSUS). that market disruption exists with respect to articles produced by a domestic industry and that emergency action is necessary. 2. Recent events have altered the international economic conditions under which I made my determination that it was not in the national interest to impose import relief on anhydrous ammonia from the U.S.S.R. as recommended by the United States International Trade Commission (USITC) on October 11, 1979. However, the factual basis upon which USITC made its determination of market disruption still exists. NOW, THEREFORE, I, JIMMY CARTER, President of the United States of [USC prec. title 1](/us/usc/t1).America, acting under the authority vested in me by the Constitution and the statutes of the United States, including sections 604, 406(c), 202 and 203 of the Trade Act (19 U.S.C. 2483, 2436(c), 2252, and 2253), do proclaim that—
(1)[19 USC 1202](/us/usc/t19/s1202). Subpart A, part 2 of the Appendix to the TSUS is modified as set forth in the Annex to this proclamation.
(2)This proclamation shall be effective as to articles entered, or withdrawn from warehouse, for consumption on or after the third day following the date of publication of this Proclamation in the Federal Register and shall remain in effect for one year unless the period of its effectiveness is earlier expressly suspended, modified or terminated, but in any event not longer [19 USC 2436](/us/usc/t19/s2436).than authorized by section 406(c) of the Trade Act.
(3)The Commissioner of Customs shall take such action as the U.S. Trade Representative shall direct in the implementation and administration of the import relief herein proclaimed. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of January in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth. JIMMY CARTER 94 STAT. 3711 ANNEX Subpart A. part 2 of the Appendix to the TSUS is modified by inserting the following new provision in numerical sequence: Item Articles Quota quantity (in short tons) “Whenever the aggregate quantity of anhydrous ammonia specified below for item 923.10. the product of the Union of Soviet Socialist Republics [U.S.S.R.], has been entered during the period January 24, 1980 to January 24, 1981, no anhydrous ammonia in such item, the product of such country, may be entered during the remainder of such period; 923.10 Anhydrous ammonia, provided for in items 417.22 and 480.65 1.000.000” 4715 January 19, 1980 William O. Douglas Digitization Vendor By the President of the United States of America A Proclamation Proclamation 4715 of January 19, 1980 William O. Douglas By the President of the United States of America A Proclamation William O. Douglas served on the Supreme Court longer than any Justice in American history—more than 36 years. During all that time, individual freedom in this country had no mightier champion. As he wrote in more than one of his opinions, “The essential scheme of our Constitution and Bill of Rights was to take Government off the backs of people.” The freedom which Justice Douglas cherished—and which he struggled to preserve for all Americans—faces constant testing. Now, as our Nation gathers to meet yet another test, it is fitting that we pause to honor William Douglas and to remember his many contributions to our country. NOW, THEREFORE, I, JIMMY CARTER. President of the United States of America, by virtue of the authority vested in me, do hereby proclaim that, as a mark of respect to the memory of William O. Douglas and his numerous contributions to our Nation, the flag of the United States shall be flown at half-staff on all buildings, grounds and naval vessels of the Federal Government in the District of Columbia and throughout the United States and its Territories and possessions until his interment. I also direct that the flag shall be flown at half-staff for the same length of time at all United States embassies, legations, consular offices, and other facilities abroad, including all military facilities and naval vessels and stations. IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of January, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth. JIMMY CARTER Editorial Note: The President s statement of Jan. 19, 1980. on the death of William O. Douglas, is printed in the Weekly Compilation of Presidential Documents (vol. 16. p. 105). 4716 January 22, 1980 American Heart Month, 1980 Digitization Vendor By the President of the United States of America A Proclamation
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