65FR34897 P-7314 To Modify the Quantitative Limitations Applicable to Imports of Wheat Gluten
The President of the United States
Posting-number: Volume 65, Issue 105, Page 34897
[Federal Register: May 31, 2000 (Volume 65, Number 105)]
[Presidential Documents]
[Page 34897-34902]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my00-120]
[[Page 34897]]
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Part V
The President
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Proclamation 7314--To Modify the Quantitative Limitations Applicable to
Imports of Wheat Gluten
Presidential Documents
___________________________________________________________________
Title 3--
The President
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Proclamation 7314 of May 26, 2000
To Modify the Quantitative Limitations Applicable
to Imports of Wheat Gluten
By the President of the United States of America
A Proclamation
1. On May 30, 1998, pursuant to section 203 of the
Trade Act of 1974, as amended (the ``Trade Act'') (19
U.S.C. 2253), I issued Proclamation 7103, which imposed
quantitative limitations on certain wheat gluten
imports provided for in subheadings 1109.00.10 and
1109.00.90 of the Harmonized Tariff Schedule of the
United States (HTS) for a period of 3 years plus 1 day,
with annual increases in such quota limits of 6 percent
during the second and the third year. I exempted
imports of wheat gluten that is the product of certain
countries, including designated beneficiary countries
under the Generalized System of Preferences (``GSP
countries''), from the application of the quantitative
limitations.
2. On December 1, 1999, the United States International
Trade Commission (USITC) issued a report, as required
under section 204(a)(2) of the Trade Act (19 U.S.C.
2254(a)(2)), on the results of its monitoring of
developments with respect to the domestic wheat gluten
industry. The USITC report notes that in the 12-month
period prior to the imposition of the quota (June 1,
1997-May 31, 1998), 440,000 pounds of wheat gluten
entered the United States from Poland. During the first
quota year (June 1, 1998-May 31, 1999), imports from
Poland grew to 5,004,000 pounds, or more than eleven
times the amount of the previous year, accounting for
2.9 percent of total U.S. imports. The USITC report has
been provided to me (Investigation Number TA-204-2).
More recent data from the United States Customs Service
indicate that in the first 10 months of the second
quota year (June 1999-March 2000), imports from Poland
totaled 8,965,800 pounds, accounting for 6.9 percent of
total U.S. imports.
3. Section 204(b)(1)(A) of the Trade Act (19 U.S.C.
2254(b)(1)(A)) authorizes the President, after taking
into account the report of the USITC required under
section 204(a)(2) of the Trade Act and seeking advice
from the Secretary of Commerce and the Secretary of
Labor, to reduce, modify, or terminate an action taken
under section 203 of the Trade Act when the President
determines that changed economic circumstances so
warrant.
4. After taking into account the information provided
in the USITC's report, and after receiving advice from
the Secretary of Commerce and the Secretary of Labor, I
have determined, on the basis that increased imports of
wheat gluten the product of Poland have impaired the
effectiveness of the action I proclaimed in 1998 under
section 203 of the Trade Act, that changed economic
circumstances warrant a modification in the action.
Accordingly, I have decided to include in the action
imports of wheat gluten the product of Poland,
beginning June 1, 2000.
5. Pursuant to section 203(g) of the Trade Act (19
U.S.C. 2253(g)), I have further determined to provide
for the efficient and fair administration of the
quantitative limitation on imports of wheat gluten by
allocating on a quarterly basis the quantitative
limitations applicable during the third year of the
action.
[[Page 34900]]
6. Pursuant to section 503(b)(2) of the Trade Act (19
U.S.C. 2463(b)(2)), no article shall be eligible for
duty-free treatment provided under section 501 of the
Trade Act if that article is subject to an action
proclaimed under section 203.
7. Section 604 of the Trade Act (19 U.S.C. 2483)
authorizes the President to embody in the HTS the
substance of the relevant provisions of that Act, and
of other acts affecting import treatment, and actions
thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other
import restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the
United States of America, acting under the authority
vested in me by the Constitution and the laws of the
United States of America, including but not limited to
sections 204, 503, and 604 of the Trade Act, do
proclaim that:
(1) In order to modify the scope of the
quantitative limitations applicable to imports of wheat
gluten under HTS heading 1109, and to allocate the
quota quantities for the third quota year on a
quarterly basis, subchapter III of chapter 99 of the
HTS is modified as set forth in the Annex to this
proclamation.
(2) Such imported wheat gluten that is the product
of Poland shall be included within the scope of the
quantitative limitations during the third quota year,
as provided in the Annex.
(3) Any provisions of previous proclamations and
Executive orders that are inconsistent with the actions
taken in this proclamation are superseded to the extent
of such inconsistency.
(4) Effective at the close of June 1, 2002, or such
other date that is 1 year from the close of the action
taken under section 203 of the Trade Act, as modified
by this proclamation, HTS subheadings 9903.11.08
through 9903.11.11 and the superior text thereto shall
be deleted from the HTS.
(5) Pursuant to section 503(b)(2) of the Trade Act
(19 U.S.C. 2463(b)(2)), duty-free treatment for certain
wheat gluten that is the product of beneficiary
countries under the Generalized System of Preferences
(GSP) (Title V of the Trade Act, as amended (19 U.S.C.
2461-2467)), is suspended.
(6) The modifications to the HTS made by this
proclamation and the Annex thereto shall be effective
with respect to goods entered, or withdrawn from
warehouse for consumption, on or after 12:01 a.m. EDT
June 1, 2000, and shall continue in effect through the
close of June 1, 2001, unless such actions are earlier
expressly modified or terminated.
IN WITNESS WHEREOF, I have hereunto set my hand this
twenty-sixth day of May, in the year of our Lord two
thousand, and of the Independence of the United States
of America the two hundred and twenty-fourth.
(Presidential Sig.)<Clinton1><Clinton2>
Billing code 3195-01-P
[[Page 34901]]
ANNEX
Section A
Effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after 12:00 a.m.
EDT June 1, 2000, subheading 1109.00.10 and subheading
1109.00.90 of the Harmonized Tariff Schedule of the
United States are each modified by deleting the symbol
``A'' in the rates of duty 1-special subcolumn.
Section B
Effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after 12:00 a.m.
EDT June 1, 2000, subheading 9903.11.07 is deleted and
the following new subheadings and superior text thereto
are inserted in lieu thereof, with the superior text at
the same level of indentation as the article
description of subheading 9903.11.06:
``:Wheat gluten, whether or not dried, except products of Canada, :
:of Mexico, of Israel, of beneficiary countries under the Caribbean :
:Basin Economic Recovery Act (as enumerated in general note 7 to :
:this schedule) or the Andean Trade Preference Act (as enumerated :
:in general note 11 to this schedule), or of countries (except Poland) :
:enumerated in general note 4(a) to this schedule as that note :
:existed on June 1, 1998 (provided for in subheadings 1109.00.10 :
:and 1109.00.90), if entered during the period from June 1, 2000, :
:through June 1, 2001, inclusive: :
9903.11.08 : If entered during the period from June 1, 2000, through :
: August 31, 2000, in the respective aggregate quantity of :
: goods the product of a foreign country specified below, :
: after which no wheat gluten the product of such country :
: may be entered during the remainder of such period: :
: Australia...................................... : 7,953,500 kg
: European Community............................. : 6,885,750 kg
: Other countries................................ : 1,318,250 kg
9903.11.09 : If entered during the period from September 1, 2000, through :
: through November 30, 2000, in the respective aggregate :
: quantity of goods the product of a foreign country specified :
: below, after which no wheat gluten the product of such :
: country may be entered during the remainder of such period: :
: Australia...................................... : 7,953,500 kg
: European Community............................. : 6,885,750 kg
: Other countries................................ : 1,318,250 kg
9903.11.10 : If entered during the period from December 1, 2000, through :
: February 28, 2001, in the respective aggregate quantity of :
: goods the product of a foreign country specified below, after :
: which no wheat gluten the product of such country may be :
: entered during the remainder of such period: :
: Australia...................................... : 7,953,500 kg
: European Community............................. : 6,885,750 kg
: Other countries................................ : 1,318,250 kg
[[Page 34902]]
9903.11.11 : If entered during the period from March 1, 2001, through :
: June 1, 2001, in the respective aggregate quantity of goods :
: the product of a foreign country specified below, after which :
: no wheat gluten the product of such country may be entered :
: during the remainder of such period: :
: Australia...................................... : 7,953,500 kg
: European Community............................. : 6,885,750 kg
: Other countries................................ : 1,318,250 kg''
[FR Doc. 00-13789
Filed 5-30-00; 8:45 am]
BILLING CODE 3190-01-P