Proclamation 4125—Adjustment of Duties on Certain Ceramic Tableware

1. Whereas, pursuant to the authority vested in him by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351), and section 201 of the Trade Expansion Act of 1962 (19 U.S.C. 1821) (hereinafter referred to as "the TEA"), the President, by Proclamations No. 2761A of December 16, 1947 (61 Stat. (pt. 2) 1103); No. 2867 of December 22, 1949 (64 Stat. A380); No. 2888 of May 13, 1950 (64 Stat. A405); No. 2929 of June 2, 1951 (65 Stat. c12); No. 3105 of July 22, 1955 (69 Stat. c44); No. 3513 of December 28, 1962 (77 Stat. 970, 979); and No. 3822 of December 16, 1967 (82 Stat. 1455), proclaimed such modifications of existing duties as were found to be required or appropriate to carry out certain trade agreements into which he had entered;

2. Whereas among the proclaimed modifications were modifications in the rates of duty on certain kinds of ceramic tableware which are now included within items 533.28, 533.31, 533.33, 533.35, 533.36, 533.38, 533.71, 533.73, and 533.75 of the Tariff Schedules of the United States (hereinafter referred to as "ceramic tableware");

3. Whereas the United States Tariff Commission has submitted to the President a report of its Investigation No. TEA–I-22 under section 301 of the TEA (19 U.S.C. 1901), on the basis of which investigation and a hearing duly held in connection therewith the said Commission has determined that ceramic tableware is, as a result in major part of concessions granted under trade agreements, being imported into the United States in such increased quantities as to cause serious injury to the domestic industry producing like or directly competitive products;

4. Whereas section 351(a) (1) of the TEA (19 U.S.C. 1981(a) (1)) authorizes the President, upon receiving an affirmative finding of the Tariff Commission under section 301 (b) of the TEA with respect to an industry, to proclaim such increase in, or imposition of, any duty or other import restriction on the articles causing or threatening to cause serious injury to such industry as he determines to be necessary to prevent or remedy serious injury to such industry;

5. Whereas section 302(a) (2) and section 302(a) (3), respectively, of the TEA (19 U.S.C. 1902(a) (2) and 19 U.S.C. 1902(a) (3)) authorize the President, upon receiving an affirmative finding of the Tariff Commission under section 301 (b) of the TEA with respect to an industry, to provide with respect to such industry that its firms may request the Secretary of Commerce for certifications of eligibility to apply for adjustment assistance under Chapter 2 of Title III of the TEA (19 U.S.C. Chapter VII, Subchapter III, Part II) and that its workers may request the Secretary of Labor for certifications of eligibility to apply for adjustment assistance under Chapter 3 of Title III of the TEA (19 U.S.C. Chapter VII, Subchapter III, Part III);

6. Whereas I have determined that the rates of duty hereinafter proclaimed are, when coupled with the adjustment assistance hereinafter provided, necessary to remedy serious injury to the industry producing earthen tableware;

Now, Therefore, I, Richard Nixon, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including section 350(a) (1) (B) of the Tariff Act of 1930, as amended; and sections 201(a) (2), 302(a) (2) and (3), and 351(a) of the Trade Expansion Act of 1962; and in accordance with Article XIX of the General Agreement on Tariffs and Trade (61 Stat. (pt. 5) A58; 8 UST (pt. 2) 1786), do proclaim that-

1. The tariff concessions on ceramic tableware for items 533.28, 533.31, 533.33, 533.35, 533.36, 533.38, 533.71, 533.73 and 533.75 in Part I of Schedule XX to the Geneva (1967) Protocol to the General Agreement on Tariffs and Trade (19 UST (pt. 2) 1530 et seq.) are modified to conform with the provisions set forth in the annex to this proclamation for such time and to such extent as this proclamation remains in effect.

2. Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States is modified by the insertion, after item 922.50 and before item 923.31, of such new items as are set forth in the annex to this proclamation.

3. The modifications in rates of duty established by paragraphs 1 and 2 shall be effective as to articles entered, or withdrawn from warehouse, for consumption on and after May 1, 1972.

4. Provision is hereby made with respect to the industry producing earthen tableware that its firms may request the Secretary of Commerce for certifications of eligibility to apply for adjustment assistance under Chapter 2 of Title III of the Trade Expansion Act of 1962 and that its workers may request the Secretary of Labor for certifications of eligibility to apply for adjustment assistance under Chapter 3 of Title III of the Trade Expansion Act of 1962.

In Witness Whereof, I have hereunto set my hand this twenty-second day of April, in the year of our Lord one thousand nine hundred and seventy-two and of the Independence of the United States of America the one hundred and ninety-sixth.

RICHARD NIXON