Proclamation 3235—Withdrawal of Trade Agreement Concession on Certain Clinical Thermometers

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), the President, on April 21, 1951, entered into a trade agreement providing, among other things, for the accession to the General Agreement on Tariffs and Trade (61 Stat. (Parts 5 and 6) A7, All, and A2051) of certain foreign countries, which trade agreement consists of the Torquay Protocol to the General Agreement on Tariffs and Trade, including the annexes thereto, hereinafter referred to as the "Torquay Protocol" (3 UST 616);

2. Whereas Schedule XX in Annex A to the said Torquay Protocol (3 UST 1125) became a schedule to the said General Agreement in accordance with paragraph 3 of the Torquay Protocol (3 UST 616);

3. Whereas, by Proclamation No. 2929 of June 2, 1951 (65 Stat. c12), the President proclaimed such modification of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out the Torquay Protocol, which proclamation has been supplemented by several notifications of the President to the Secretary of the Treasury, including a notification of September 10, 1951 (3 CFR, 1951 Supp., p. 537), as amended by a notification of September 20, 1951 (3 CFR, 1951 Supp., p. 539);

4. Whereas item 218 (a) in Part I of the said Schedule XX (3 UST 1144) reads as follows:

5. Whereas, in accordance with Article 11 of the said General Agreement and by virtue of the said proclamation of June 2, 1951, and the said notification of September 10, 1951, as amended, the United States rate of duty applicable to clinical thermometers, finished or unfinished, wholly or in chief value of glass, provided for in paragraph 218 (a) of the Tariff Act of 1930 and included in the said item 218 (a), is 42 1/2 per centum ad valorem, as specified in the said item 218 (a), which duty reflects the tariff concession granted in the said General Agreement with respect to such products;

6. Whereas the United States Tariff Commission has submitted to me a report of its Investigation No. 63 under section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U. S. C. 1364), on the basis of which investigation and a hearing duly held in connection therewith the said Commission has found that, as a result in part of the duty reflecting the concession granted thereon in the said General Agreement, clinical thermometers, finished or unfinished, wholly or in chief value of glass, provided for in the said item 218 (a), are being imported into the United States in such increased quantities, both actual and relative, as to cause serious injury to the domestic industry producing like or directly competitive products;

7. Whereas the said Tariff Commission has further found that in order to remedy the serious injury to the said domestic industry it is necessary that there be applied to such thermometers, for an indefinite period, a duty of 85 per centum ad valorem, and has recommended the withdrawal, for an indefinite period, of the tariff concession granted in the said General Agreement with respect to such thermometers; and

8. Whereas the rate of duty on such thermometers expressly fixed by statute in paragraph 218 (a) of the Tariff Act of 1930 (19 U.S.C. 1001) is 85 per centum ad valorem, which rate of duty will become applicable to such thermometers if the tariff concession thereon, set forth in the said item 218 (a), is withdrawn:

Now, Therefore, I, Dwight D. Eisenhower, President of the United States of America, acting under the authority vested in me by section 350 of the Tariff Act of 1930, as amended, and by section 7 (c) of the Trade Agreements Extension Act of 1951, as amended, and in accordance with the provisions of Article XIX of the said General Agreement on Tariffs and Trade, do proclaim that, effective after the close of business on May 21, 1958, and until the President otherwise proclaims, the tariff concession granted in the said General Agreement with respect to clinical thermometers, finished or unfinished, wholly or in chief value of glass, provided for in said item 218 (a), shall be withdrawn, and the said Proclamation No. 2929 of June 2. 1951, and the said notification of September 10, 1951, as amended by the said notification of September 20, 1951, shall be suspended insofar as they establish a rate of duty to be applied to the clinical thermometers provided for in the said item 218 (a) on which the concession is withdrawn by 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 21st day of April in the year of our Lord nineteen hundred and fifty-eight, and of the Independence of the United States of America the one hundred and eighty-second.

DWIGHT D. EISENHOWER

By the President:

CHRISTIAN A. HERTER,

Acting Secretary of State