Proclamation 2769—Supplementing Proclamations of December 16, 1947 and January 1, 1948, Carrying Out General Agreement on Tariffs and Trade and Exclusive Trade Agreement with Cuba, Respectively

Whereas, pursuant to the authority conferred by section 350 of the Tariff Act of 1930, as amended by section 1 of the Act of June 12, 1934, by the Joint Resolution Approved June 7, 1943, and by section 2 of the Act of July 5, 1945 (48 Stat. 943 and 944, ch. 474, 57 Stat. 125, ch. 118, 59 Stat. 410 and 411, ch. 269; 19 U.S.C. (1940) 1351(a), 19 U.S.C. (1940) Supp. V, 1351(a)(2) and (b)), the period within which said authority may be exercised having been extended by section 1 of said Act of July 5, 1945 until the expiration of three years from June 12, 1945 (48 Stat. 944, ch. 474, 59 Stat. 410, ch. 269; 19 U.S.C. (1940) Supp. V, 1352(c)), on October 30, 1947 the President entered into a trade agreement with the Government of the Commonwealth of Australia, the Kingdom of Belgium, the United States of Brazil, Burma, Canada, Ceylon, the Republic of Chile, the Republic of China, the Republic of Cuba, the Czechoslovak Republic, the French Republic, India, Lebanon, the Grand-Duchy of Luxemburg, the Kingdom of the Netherlands, new Zealand, the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, the Union of South Africa, and the United Kingdom of Great Britain and Northern Ireland, which trade agreement consists of the General Agreement on Tariffs and Trade and the related Protocol of Provisional Application thereof, together with the Final Act adopted at the conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment which authenticated the texts of said general agreement and said protocol;

Whereas, on December 16, 1947 by Proclamation 2761A the President proclaimed such modifications of existing duties and other import restrictions of the United States of America and such continuance of existing customs or excise treatment of articles imported into the United States of America as were then found to be required or appropriate to carry out said trade agreement on and after January 1, 1948 (12 F.R. 8863);

Whereas, pursuant to the authority conferred by said section 350, the period within which said authority may be exercised having been so extended, on October 30, 1947 the President entered into an exclusive trade agreement with the Government of the Republic of Cuba (T.D. 51819 (Customs)), which exclusive trade agreement includes certain portions of other documents made a part thereof and provides for the customs treatment in respect of ordinary customs duties of products of the Republic of Cuba imported into the United States of America;

Whereas, on December 17, 1947 the Protocol of Provisional Application of Trade was signed by the Government of the Republic of Cuba, and by an exchange of notes signed December 19 and 22, 1947 the Governments of the United States of America and the Republic of Cuba agreed to make provisionally effective on January 1, 1948 tariff concessions and on that date generally to apply the provisions of said exclusive trade agreement;

Whereas, on January 1, 1948 by Proclamation 2764 the President 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 said exclusive trade agreement on and after January 1, 1948 (13 F.R. 21);

Whereas, paragraph 3 of article I of said general agreement provides in part as follows:

3. The margin of preference on any product in respect of which a preference is permitted under paragraph 2 of this Article but is not specifically set forth as a maximum margin of preference in the appropriate Schedule annexed to this Agreement shall not exceed

(a) in respect of duties or charges on any product described in such Schedule, the difference between the most-favoured-nation and preferential rates provided for therein; if no preferential rate is provided for, the preferential rate shall for the purposes of this paragraph be taken to be that in force on April 10, 1947, and, if no most-favoured-nation rate is provided for, the margin shall not exceed the difference between the most-favoured-nation and preferential rates existing on April 10, 1947;

(b) in respect of duties or charges on any product not described in the appropriate Schedule, the difference between the most-favoured-nation and preferential rates existing on April 10, 1947. (T.D. 51802 (Customs));

Whereas, I, Harry S. Truman, President of the United States of America, determine that the rates of duty and import tax specified in the column at the right of the respective descriptions of products in the following list are maximum rates which may be applied on and after January 1, 1948 to such products in conformity with said paragraphs 3 of article I, and that said maximum-rate limitations are required or appropriate to carry out said trade agreement specified in the 1st recital of this proclamation:

GENERAL NOTES

1. The provisions of this list shall be construed and given the same effect, and the application of collateral provisions of the customs laws of the United States to the provisions of this list shall be determined, insofar as may be practicable, as if each provision of this list appeared respectively in the statutory provision noted in the column at the left of the respective description of articles.

2. Any additional or separate ordinary customs duty provided for in respect of any article described in this list, whether or not imposed under the statutory provision indicated in the column at the left of the description of the article and whether or not temporarily or conditionally inapplicable, shall continue in force until terminated in accordance with law, subject to any reduction, or consolidation with the primary duty, indicated in this list or hereafter provided for, and subject to any temporary or conditional exemption therefrom now or hereafter provided for by law.

3. Wherever in this list the word "entered" is used in any seasonal-rate provision, or in any provision in which the entry of a specified quantity affects the rate, it shall mean "entered, or withdrawn from warehouse, for consumption".;

Whereas, I determine that the application of such of the concessions provided for in part I of schedule XX of said general agreement which were withheld from application in accordance with article XXVII of said general agreement (T.D. 51802 (Customs)) by said proclamation of December 16, 1947 (12 F.R. 8865 and 8866) as are identified in the following list is required or appropriate to carry out said trade agreement specified in the 1st recital of this proclamation on and after January 1, 1948:

Whereas, said proclamation of December 16, 1947, made effective, on and after January 1, 1948, the rate of duty of 7 cents per pound specified in the first item 709 in part I of schedule XX of said general agreement with respect to not more than 50,000,000 pounds of butter entered, or withdrawn from warehouse, for consumption during the period from November 1 in any year to the following March 31, inclusive (T.D. 51802 (Customs));

Whereas, said tariff quota provided for in said item 709 became effective on the first day of the third month of the specified five-month quota period, and I determine that it would be appropriate in order to carry out said trade agreement specified in the 1st recital of this proclamation to limit the quantity of butter dutiable at the rate of 7 cents per pound which may be entered, or withdrawn from warehouse, for consumption during the remainder of said quota period from January 1 to March 31, 1948, inclusive, to a quantity of not more than 30,000,000 pounds;

Whereas, I determine that the addition of the following items to the list set forth in the 8th recital of said proclamation of January 1, 1948 (13 F.R. 23 and 24) is required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation:

Whereas, I determine that, in view of the determination set forth in the 8th recital of this proclamation, the deletion of the first item 506 and item 752 from the list set forth in the 9th recital of said proclamation of January 1, 1948 is required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation;

Whereas, the figure and word "4/5 of" appearing between the words "than" and "the" in the rate of duty specified in the second item 506 in the 9th recital of said proclamation of January 1, 1948 (13 F.R. 24) were inadvertently included therein, and I determine that the deletion of said figure and word "4/5 of" from the rate of duty specified in said second item 506 is required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation on and after January 1, 1948.

Whereas, item 1527(9a)(2) in said 9th recital of the proclamation of January 1, 1948 (13 F.R. 25) was inadvertently misstated in some respects, and I determine that it is required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation that the number of said item 1527(a)(2) in the 9th recital be changed to "1527(c)(2)", that there be inserted in the description of products in said item after the word "except" the words and figure "parts of articles valued above $5 per dozen pieces and other", that a final parenthesis be placed after the last word in said description of products, and that the rate in said item be changed to "88% ad val.";

And Whereas, I determine that it is required or appropriate to carry out said trade agreement specified in the 1st recital of this proclamation and said exclusive trade agreement specified in the 3rd recital hereof that no modifications of existing duties and other import restrictions, and no continuance of existing customs or excise treatment, proclaimed to carry out said trade agreement specified in the 1st recital shall be construed as providing for the preferential customs treatment, in respect of rates of ordinary customs duty, of products of the Republic of Cuba, which customs treatment of products of the Republic of Cuba is provided for in said proclamation of January 1, 1948, as amended;

PART I

Now, Therefore, be it known that I, Harry S. Truman, President of the United States of America, acting under the authority of said section 350 of the Tariff Act of 1930, as amended, to the end that said trade agreement specified in the 1st recital of this proclamation may be carried out, do hereby proclaim, effective on and after January 1, 1948 and subject to the provisions of said Protocol of Provisional Application:

(a) That the rates of duty and import tax specified in the column at the right of the respective descriptions of products listed in the 7th recital of this proclamation shall be applied, subject to the applicable terms, conditions, and qualifications set forth therein, respectively, to articles of the kinds provided for in said descriptions;

(b) That the concessions provided for in part I of said schedule XX which are identified in the list set forth in the 8th recital of this proclamation shall no longer be identified in the 8th recital of said proclamation of December 16, 1947 for purposes of applying subdivision (a) of said proclamation of December 16, 1947, and the rates of duty and import tax representing such concessions identified in said 8th recital of this proclamation shall be applied, subject to the applicable terms, conditions, and qualifications set forth in said schedule XX, and in parts I, II, and III, of said general agreement, to articles of the kinds provided for in the descriptions of products in the column at the left of said rates;

(c) That not more than 30,000,000 pounds of butter entered, or withdrawn from warehouse, for consumption during the period from January 1 to March 31, 1948, inclusive, shall be dutiable at 7 cents per pound; and

(d) That the provisions of the foregoing subdivisions (a), (b), and (c) shall not apply to a particular article by virtue of this proclamation if, when the article is entered, or withdrawn from warehouse, for consumption, more favorable customs treatment is prescribed therefore by a statute, proclamation, or Executive order then in effect;

PART II

I DO further proclaim, acting under the authority of said section 350 to the end that said exclusive trade agreement specified in the 3rd recital of this proclamation may be carried out, effective on and after January 1, 1948, and subject to the provisions of said exclusive trade agreement:

(a) That the rates of duty specified in the column at the right of the respective descriptions of products listed in the 11th recital of this proclamation shall be applied subject to the applicable terms, conditions, and qualifications set forth therein and in the 8th recital of said proclamation of January 1, 1948, respectively, to products of the republic of Cuba of the kinds provided for in said descriptions as if said products had been listed in said 8th recital of the proclamation of January 1, 1948, except that no such rate shall be applied to a particular article by virtue of this proclamation if, when the article is entered, or withdrawn from warehouse, for consumption, more favorable customs treatment is prescribed for the article by a statute, proclamation, or Executive order then in effect;

(b) That the first item 506 and item 752 shall be deleted from the list set forth in the 9th recital of said proclamation of January 1, 1948;

(c) That the figure and word "4/5 of" shall be deleted from the rate of duty specified in the second item 506 in the 9th recital of said proclamation of January 1, 1948; and

(d) that the item number of item 1527(a)(2) in said 9th recital of the proclamation of January 1, 1948 shall be changed to "1527(c)(2)", the words and figure "parts of articles valued above $5 per dozen pieces and other" shall be inserted after the word "except" in the description of products in said item, a final parenthesis shall be placed after the last word in said description of products, and the rate in said item shall be changed to "88% ad val.";

PART III

And I do further proclaim, acting under the authority of said section 350 to the end that said trade agreement specified in the 1st recital of this proclamation and said exclusive trade agreement specified in the 3rd recital hereof may be carried out, that no modifications of existing duties and other import restrictions of the United States of America, and no continuance of existing customs or excise treatment of articles imported into the United States of America, proclaimed to carry out said trade agreement specified in the 1st recital shall be construed as providing for the preferential customs treatment, in respect of rates of ordinary customs duty, of products of the Republic of Cuba.

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 30th day of January in the year of our Lord nineteen hundred and forty-eight and of the Independence of the United States of America the one hundred and seventy-second.

HARRY S. TRUMAN

By the President:

G.C. MARSHALL

Secretary of State.