Proclamation 3394—Modification of Trade Agreement Concessions on Bicycles and Pineapples

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 October 30, 1947, entered into a trade agreement with certain foreign countries, which consists of the General Agreement on Tariffs and Trade, including a schedule of United States concessions (hereinafter referred to as Schedule XX-1947) and the Protocol of Provisional Application of the General Agreement on Tariffs and Trade, together with a Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment (61 Stat. (pts. 5 and 6) A7, All, and A2051), and by Proclamation No. 2761A of December 16, 1947 (61 Stat. (pt. 2) 1103), proclaimed such modifications 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 such trade agreement, which proclamation has been supplemented by subsequent proclamations including Proclamation No. 2769 of January 30, 1948 (62 Stat. (pt. 2) 1479), and Proclamation No. 3140 of June 13, 1956 (70 Stat. C33);

2.     Whereas United States tariff concessions on bicycles provided for in paragraph 371 of the Tariff Act of 1930 were included in such trade agreement, such concessions, and the appropriate headings, being set forth in item 371 [first] in Part I of Schedule XX-1947 as follows:

3.     Whereas Article XXVIII of the said General Agreement on Tariffs and Trade (8 UST (pt. 2) 1790) provides that a contracting party may, pursuant to procedures provided for therein, modify or withdraw concessions in its schedules to that agreement;

4.     Whereas due notice of intention to enter into negotiations under the said Article XXVIII with a view to the modification or withdrawal of the concessions represented by item 371 [first] in Part I of Schedule XX-1947 was given, and the views presented by interested persons were received and considered, and information and advice with respect to such negotiations were sought from the Departments of State, Agriculture, Commerce, and Defense and from other sources, and an investigation and report to the President under the provisions of section 3 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1360), .have been made by the United States Tariff Commission with respect to the products involved in such negotiations;

5.     Whereas, agreement for the modification of the said concessions in the manner set forth below in this recital having been reached pursuant to Article XXVIII of the said General Agreement, I determine that it is required or appropriate in order to carry out the agreement specified in the first recital hereof that Part I of Schedule XX-1947 be applied as though the said item 371 [first] and the appropriate headings read as follows:

6.     Whereas a proclaiming of the application of Part I of Schedule XX-1947 as set forth in the fifth recital of this proclamation would supersede Proclamation No. 3108 of August 18, 1955 (70 Stat. CU, relating to such concessions;

7.     Whereas, pursuant to the authority vested in him by the Constitution and the statutes, including the said section 350 of the Tariff Act of 1930, as amended, the President, on October 30, 1947, entered into an exclusive trade agreement with the Government of the Republic of Cuba (61 Stat. (pt. 4) 3699), which includes certain portions of other documents made a part thereof and. provides for the treatment in respect of ordinary customs duties of products of the Republic of Cuba imported into the United States of America, and thereafter by Proclamation No. 2764 of January 1, 1948 (62 Stat. 1465), proclaimed such modifications of existing duties and other import restrictions of the United States of America in respect of products of the Republic of Cuba and such continuance of existing customs and excise treatment of products of the Republic of Cuba imported into the United States of America as were then found to be required or appropriate to carry out such exclusive trade agreement on and after January 1, 1948, which proclamation has been supplemented by subsequent proclamations, including Proclamation No. 3105 of July 22, 1955 (69 Stat. c44), Part III of which amended the list set forth in the ninth recital of the said Proclamation No. 2764 of January 1, 1948;

8.     Whereas Proclamation No. 3390 of January 18, 1961 (26 F.R. 507), terminated in part the proclamation of February 1, 1936 (49 Stat. (pt. 2) 3851), proclaiming the trade agreement entered into on December 18, 1935, with the President of the Republic of Honduras (49 Stat. (pt. 2) 3852), including item 747 in Schedule II annexed to that trade agreement;

9.     Whereas, in view of the termination by Proclamation No. 3390 of the said proclamation of item 747 in Schedule II to the trade agreement with Honduras, it is required or appropriate in order to carry out the trade agreement specified in the first recital of this proclamation that, effective as of the beginning of February 28, 1961, item 747 in the list set forth in the seventh recital of Proclamation No. 2769 of January 30, 1948, as amended by Part III (a) of Proclamation No. 3140 of June 13, 1956, be amended to read as follows:

and

10.     Whereas, in view of the termination by Proclamation No. 3390 of January 18, 1961, of the proclamation of item 747 in Schedule II to the trade agreement with Honduras, it is required or appropriate to carry out the trade agreement specified in the seventh recital of this proclamation that the rate of duty in item 747 in the list set forth in the ninth recital of Proclamation No. 2764 of January 1, 1948, as amended by Part III of Proclamation No. 3105 of July 22, 1955, be amended to read "84 2/3¢ each"

Now, Therefore, I, John F. Kennedy, President of the United States of America, acting under the authority of the Constitution and statutes, including the said section 350 of the Tariff Act of 1930, as amended, do proclaim as follows:

PART I

To the end that the trade agreements referred to in the foregoing recitals may be carried out:

(a) Effective at 5 P.M. on the day following the date hereof, at the respective ports of entry, Proclamation No. 3108 of August 18, 1955, referred to in the sixth recital of this proclamation is terminated;

(b) Effective at the opening of the Customs House, at the respective ports of entry, on the second day following the date hereof, Part I in Schedule XX-1947 shall be applied as though item 371 [first] therein read as set forth in the fifth recital of this proclamation;

(c) Effective at the beginning of February 28, 1961, the list set forth in the seventh recital of Proclamation No. 2769 of January 30, 1948, as amended by Part III(a) of Proclamation No. 3140 of June 13, 1956, is further amended as set forth and described in the ninth recital of this proclamation.

PART II

To the end that the trade agreement referred to in the seventh recital of this proclamation may be carried out, effective at the beginning of February 28, 1961, the list set forth in the ninth recital of Proclamation No. 2764 of January 1, 1948, as amended by Part III of Proclamation No. 3105 of July 22, 1955, shall be further amended as set forth in the tenth recital 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 twenty-fifth day of February in the year of our Lord nineteen hundred and sixty-one, and of the Independence of the United States of America the one hundred and eighty-fifth.

JOHN F. KENNEDY

By the President:

DEAN RUSK,

Secretary of State.