Proclamation 2829—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 vested in the President by the Constitution and statutes, including 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 sections 2 and 3 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. (1946) 1351), the period for the exercise of said authority under section 350 having been extended by section 1 of said Acts of July 5, 1945 until the expiration of three years from June 12, 1945 (48 Stat. 944, ch. 474, 59 Stat. 410, ch. 269), on October 30, 1947 the President entered into a trade agreement with the Governments 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 (3 CFR, 1947 Supp., Proc. 2761A), which proclamation has been supplemented by Proclamation 2769 of January 30, 1948 (13 F.R. 467), Proclamation 2782 of April 22, 1948 (13. F.R. 211) Proclamation 2784 of May 4, 1948 (13 F.R. 2439), Proclamation 2790 of June 11, 1948 (13 F.R. 3269) (supplemented by Proclamation 2809 of September 7, 1948 (13 F.R. 5249), Proclamation 2791 of June 12, 1948 (13 F.R. 3272), Proclamation 2792 of June 25, 1948 (13 F.R. 3597), and Proclamation 2798 of July 15, 1948 (13 F.R. 4507);

Whereas, pursuant to the authority vested in the President by the Constitution and statutes, including said section 350, the period for the exercise of said authority under section 350 having been so extended, on October 30, 1947 the President entered into an exclusive trade agreement with the Government of the Republic of Cuba (Treaties and Int. Acts Ser. 1703), 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 January 1, 1948 by Proclamations 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), which proclamation has been supplemented by said proclamations of January 30, 1948, April 22, 1948, May 4, 1948, June 11, 1948, June 25, 1948, and July 15, 1948;

Whereas, said Protocol of Provisional Application not having been signed by all the signatories of said Final Act within the period during which it was open for signature pursuant to paragraph 4 thereof, said trade agreement specified in the 1st recital of this proclamation was, pursuant to article XXXIII, as amended, of said general agreement, supplemented on September 14, 1948 by a Protocol for the Accession of Signatories of the Final Act of October 30, 1947, a copy of which, in the English and French languages, is annexed to this proclamation;

Whereas, said protocol for accession having been signed by the government of the Republic of Chile on February 14, 1949, and having then been signed by two-thirds of the governments then contracting parties to said general agreement, the government of the Republic of Chile will become a contracting party to said general agreement on March 16, 1949;

Whereas, I, Harry S. Truman, president of the United States of America, determine that the application of each 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 by said proclamation of December 16, 1947 as are identified in the following list is required or appropriate to carry out, on and after March 16, 1949, said trade agreement specified in the 1st recital of this proclamation:

Whereas, I determine that, in view of the determination set forth in the 7th recital of this proclamation, and in view of the provisions relating to item 745 in part I of schedule XX of said general agreement which are contained in the Protocol of Rectifications of March 24, 1948 specified in the 7th recital of said proclamation of June 11, 1948, a copy of which is annexed thereto, the deletion of item 745 from the list set forth in the 9th recital of said proclamation of December 16, 1947, and such modifications of existing duties and other import restrictions and such continuance of existing customs or excise treatment as are proclaimed in subdivision (b) of part I of this proclamation, are required or appropriate to carry out, on and after March 16, 1949, said trade agreement specified in the 1st recital of this proclamation;

Whereas, I determine that, in view of the determination set forth in the 7th recital of this proclamation, it is required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation that on and after March 16, 1949 the second item 765 in the list set forth in the 9th recital of said proclamation of January 1, 1948, as amended and rectified, be amended to read as follows:

Whereas, said trade agreement specified in the 1st recital of this proclamation was also supplemented on September 14, 1948 by: (a) a Second Protocol of Rectifications to the General Agreement on Tariffs and Trade, which protocol provides that the rectifications included therein shall be applied as if they had formed a part of said general agreement on October 30, 1947, and a copy of which, in the English and French languages, is annexed to this proclamation, (4) (b) a Protocol Modifying Part II (articles III, VI, XIII, XV, and XVIII) and Article XXVI of the General Agreement on Tariffs and Trade, numbered paragraph 5 of which protocol provides that the amendment set forth in paragraph 1 thereof shall, upon the deposit of the instruments of acceptance pursuant to paragraphs 3 and 4 thereof by two-thirds of the governments which are at that time contracting parties, enter into force in accordance with the provisions of article XXX of said general agreement, and a copy of which, in the English and French languages, is annexed to this proclamation, and (c) a Protocol Modifying Part I (articles I and II) and Article XXIX of the General Agreement on Tariffs and Trade, numbered paragraph 5 of which protocol provides that the amendment set forth in paragraph 1 thereof shall, upon the deposit of the instruments of acceptance pursuant to paragraphs 3 and 4 thereof by all of the governments which are at that time contracting parties, enter into force in accordance with the provisions of article XXX of said general agreement, and a copy of which, in the English and French languages, is annexed to this proclamation;

Whereas, I determine that it is required or appropriate to carry out said trade agreement specified in the 1st recital of this proclamation that part I of schedule XX of said general agreement be rectified in the manner provided for in said second protocol of rectifications specified in the 10th recital of this proclamation;

Whereas, the amendment contained in said protocol modifying part II and article XXVI of the general agreement, specified in the 10th recital of this proclamation, had on December 14, 1948 been accepted by two-thirds of the contracting parties to the general agreement, including the United States of America;

Now, Therefore, be it known that I, Harry S. Truman, President of the United States of America, acting pursuant to the authority vested in me by the Constitution and statutes, including said section 350 of the Tariff Act of 1930, as so amended, do proclaim:

PART I

To the end that said trade agreement specified in the 1st recital of this proclamation may be carried out, that:

(a) Each of the concessions provided for in part I of said schedule XX which are identified in the 7th recital of this proclamation shall, on and after March 16, 1949, no longer be identified in the 8th recital of said proclamations of December 16, 1947, and on and after March 16, 1949 the rate of duty representing each such concession identified in the 7th recital of this proclamation shall be applied to articles of a kind provided for in the description of products in the column at the left of said rate;

(b) Effective on and after March 16, 1949, the list set forth in the 9th recital of said proclamation of December 16, 1947 shall be amended by the deletion therefrom of item 745, and on and after March 16, 1949 the rate of duty representing each concession provided for in item 745 in part I of said schedule XX, as rectified by the provisions of said protocol of rectifications of March 24, 1948 relating to said item 745, shall be applied to articles of a kind provided for in the description of products in the column at the left of said rate;

(c) The provisions of part I of schedule XX of said general agreement shall be applied as if the rectifications in said second protocol of rectifications specified in the 10th recital of this proclamation had appeared in said general agreement on October 30, 1947;

(d) Effective on and after December 14, 1948 the provisions of parts II and III and annex I of said general agreement shall be applied as amended by said protocol modifying part II and article XXVI of the general agreement specified in the 10th recital of this proclamation;

(e) Effective on and after the day on which said protocol modifying part I and article XXIX of the general agreement specified in the 10th recital of this proclamation has been accepted by all the contracting parties to said general agreement, the provisions of parts I and III and annex I of said general agreement shall be applied as amended by said protocol modifying part I and article XXIX; and

(f) The application of the rates, rectifications, and amendments provided for in paragraphs (a), (b), (c), (d) and (e) above shall be subject to the applicable terms, conditions, and qualifications set forth in schedule XX and parts I, II, and III of said general agreement, in said protocol of provisional application specified in the 1st recital of this proclamation, and in subdivision (a), other than exception (I) thereof, of said proclamation of December 16, 1947, including any amendments and rectifications of said general agreement and said proclamation which have been proclaimed by the President; and

Part II

To the end that said exclusive trade agreement specified in the 3rd recital of this proclamation may be carried out, that the list set forth in the 9th recital of said proclamation of January 1, 1948, as amended and rectified, shall on and after March 16, 1949 be further amended in the manner indicated in the 9th 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 8th day of March, in the year of our Lord nineteen hundred and forty-nine and of the Independence of the United States of America the one hundred and seventy-third.

HARRY S. TRUMAN

By the President:

DEAN ACHESON,

Secretary of State.