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Lyndon B. Johnson: Proclamation 3761—Correction of Error in Tariff Schedules of United States Concerning Watch Movements and Termination of Increased Duties on Watch Movements
Lyndon
Lyndon B. Johnson
Proclamation 3761—Correction of Error in Tariff Schedules of United States Concerning Watch Movements and Termination of Increased Duties on Watch Movements
January 11, 1967
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By the President of the United States of America
A Proclamation

1. Whereas, pursuant to Section 350 of the Tariff Act of 1930, the President, on January 9, 1936, entered into, and by proclamations of January 9, 1936 (49 Stat. (pt. 2) 3917), and of May 7, 1936 (49-Stat. (pt. 2) 3959), proclaimed a trade agreement with Switzerland (hereinafter referred to as "the Swiss trade agreement"), including concessions reducing rates of duty with respect to certain watch movements provided for in item 367(a) of Schedule II of the Swiss trade agreement (49 Stat. (pt. 2) 3940);

2. Whereas item 367(a) of Schedule II of the Swiss trade agreement by its terms does not apply to any movement which contains less than seven jewels, if such movement contains a bushing or its equivalent (other than a substitute for a jewel) in any position customarily occupied by a jewel (hereinafter referred to as "any bushing-type movement");

3. Whereas, pursuant to Section 7 of the Trade Agreements Extension Act of 1951 and in accordance with the provisions of the agreement with Switzerland of October 13, 1950 (2 U.S.T. 453), providing for the addition of an escape clause to the Swiss trade agreement, the President by Proclamation No. '3062 of July 27, 1954 (68 Stat. (pt. 2) c47), proclaimed that, until the President otherwise proclaimed, certain increased rates of duty shall apply to the watch movements identified in the first recital of this proclamation (which movements do not include any bushing-type movement) exported to the United States after July 27, 1954;

4. Whereas, after compliance with the requirements of Section 102 of the Tariff Classification Act of 1962 (76 Stat. 73), the President by Proclamation No. 3548 of August 21, 1963 (77 Stat. 1017), proclaimed, effective on and after August 31, 1963, the Tariff Schedules of the United States, which reflected, with modifications, and, in effect, superseded (1) the provisions of the proclamations of January 9 and May 7, 1936, insofar as those proclamations proclaimed the concessions reducing rates of duty with respect to the watch movements identified in the first recital of this proclamation (see Subpart E of Part 2 of Schedule 7 of the Tariff Schedules of the United States, including items 716.10 through 719.—), and (2) the provisions of Proclamation No. 3062 (see Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States, including items 932.10 through 935.—);

5. Whereas, consistent with the proclamations of January 9 and May 7, 1936, Subpart E of Part 2 of Schedule 7 of the Tariff Schedules of the United States renders the concessions reducing rates of duty with respect to the watch movements identified in the first recital of this proclamation inapplicable to any bushing-type movement, but, inconsistent with Proclamation No. 3062, Section 102(2) of the Tariff Classification Act of 1962, and Headnote 1 to Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States, and as a result of a clerical error, Subpart A of Part 2 of that Appendix includes, and thereby lowers the rates of duty with respect to, any bushing-type movement;

6. Whereas the 'President proclaimed the increased rates of duty set forth in items 932.10 through 935.— of the Appendix to the Tariff Schedules of the United States in the erroneous belief that they did not include any bushing-type movement, and it would be contrary to the intent and purpose of Section 7 of the Trade Agreements Extension Act of 1951 and the Tariff Classification Act of 1962 to permit this clerical error to remain uncorrected;

7. Whereas, upon its own motion under Section 351 (d) (2) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(d) (2)), the United States Tariff Commission conducted an investigation, including a hearing, pursuant to Section 351(d) (5) of that Act (19 U.S.C. 1981(d) (5)), and on March 5, 1965, submitted to me a report (30 F.R. 3341) advising me of its judgment as to the probable economic effect on the domestic industry concerned of the reduction or termination of the increased rates of duty effected by Proclamation No. 3062 (now reflected, with modifications, in Subpart 'A of Part 2 of the Appendix to the Tariff Schedules of the United States, including items 932.10 through 935.—);

8. Whereas, in relation to the possible reduction or termination of such increased rates of duty, I have received and taken into account the advice from the Tariff Commission, advice of the Secretary of Commerce and the Secretary of Labor in accordance with Section 351 (c) (1) (A) of the Trade Expansion Act of 1962 (19 U.S.C. 1981 (c) (1) (A), recommendations of the Special Representative for Trade Negotiations in accordance with Sections 3(b), 3 (j), and 5(c) of Executive Order No. 11075 of January 15, 1963 (48 CFR 1.3 (b), 1.3(j), and 1.5 (c)), and advice of other interested agencies of the Government; and

9. Whereas, in accordance with Section 351(c) (1) (A) of the Trade Expansion Act of 1962, I have determined that the termination, as herein proclaimed, of the increased rates of duty effected by Proclamation No. 3062 (now reflected, with modifications, in Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States, including items 932.10 through 935.—) is in the national interest:

Now, Therefore, I, Lyndon B. Johnson, 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 the Tariff Classification Act of 1962, and acting under the authority vested in me by the Constitution and the statutes, including Section 351(c) (1) (A) of the Trade Expansion Act of 1962, and in accordance with the provisions of the agreement with Switzerland of October 13, 1950, do proclaim that:

(1) The superior heading immediately following item 927.62 of the Appendix to the Tariff Schedules of the United States is amended by inserting after "Watch movements" the following:

"(except watch movements having under 7 jewels and having a bushing or its equivalent (other than a substitute for a jewel) in any position customarily occupied by a jewel) ".

(2) So much of Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States as follows item 927.62 (reflecting, with modifications, Proclamation No. 3062 which effected the increased rates of duty, and including the amendment made by paragraph (1) above of this proclamation) is deleted from that Appendix.

(3) Proclamation No. 3062 is terminated.

(4) The provisions of Subpart E of Part 2 of Schedule 7 of the Tariff Schedules of the United States shall be applied to such of the articles affected by this proclamation as are entered, or withdrawn from warehouse, for consumption on or after 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 eleventh day of January in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-first.


LYNDON B. JOHNSON

By the President:

DEAN RUSK

Secretary of State


NOTE: Proclamation 3761, was not made public in the form of a White House press release.
Citation: Lyndon B. Johnson: "Proclamation 3761—Correction of Error in Tariff Schedules of United States Concerning Watch Movements and Termination of Increased Duties on Watch Movements," January 11, 1967. Online by Gerhard Peters and John T. Woolley, The American Presidency Project. http://www.presidency.ucsb.edu/ws/?pid=106027.
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