Proclamation 2792—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 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 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. (1946) 1352(c)), 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 (12 F.R. 8866), 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. 22111), Proclamation 2784 of May 4, 1948 (13 F.R. 2439), Proclamation 2790 of June 11, 1948 (13 F.R. 3269), and Proclamation 2791 of June 12, 1948 (13 F.R. 3272);

Whereas, pursuant to the authority conferred by said section 350, the period for the exercise of said authority 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 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), which proclamation has been supplemented by said proclamations of January 30, 1948, April 22, 1948, May 4, 1948, and June 11, 1948;

Whereas, said protocol of provisional application has been signed (a) by the government of India on June 8, 1948 with the result that said Government will be a contracting party to said general agreement on July 9, 1948, *(b) by the Government of the Kingdom of Norway on June 10, 1948 and said Government will be such a contracting party on July 11, 1948, and (c) by the Government of Southern Rhodesia on June 11, 1948 and said Government will be such a contracting party on July 12, 1948;

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 the date set forth following the identification of each such concession, said trade agreement specified in the 1st recital of this proclamation:

Whereas, I determine that, in view of the determination set forth in the 6th recital of this proclamation, the addition of the following item to the list set forth in the 8th recital of said proclamation of January 1, 1948, as amended and rectified, is required or appropriate to carry out, on and after July 11, 1948, 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 7th recital of this proclamation, the addition of the following item to the list set forth in the 7th recital of said proclamation of January 30, 1948, as amended and rectified, is required or appropriate to carry out, on and after July 11, 1948, said trade agreement specified in the 1st recital of this proclamation:

Whereas, I determine that, in view of the determination set forth in the 6th recital of this proclamation, the following amendments of the list set forth in the 9th recital of said proclamation of January 1, 1948, as amended and rectified, are required or appropriate to carry out said exclusive trade agreement specified in the 3rd recital of this proclamation:

(a) The modification, on and after July 11, 1948, of item 717(c) in said 9th recital to read as follows:

717(c) Fish, dried and unsalted: Shark fins: ½ cent per lb.;

(b) The deletion, on and after July 9, 1948, of the following items in said 9th recital:

Item (paragraph)

761 [first]

781 [second]

1018;

And

Whereas, the amendment contained in the Special Protocol Relating to Article XXIV of the General Agreement on Tariffs and Trade, which protocol was signed on March 24, 1948 and is specified in the 5th recital of said proclamation of June 11, 1948, had on June 7, 1948 been accepted by two-thirds of the contracting parties to said 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, do proclaim:

PART I

Acting under the authority of said section 350 of the Tariff Act of 1930, as so amended, and 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 6th recital of this proclamation shall, on and after the date set forth following the identification of each such concession, no longer be identified in the 8th recital of said proclamation of December 16, 1947, and on and after said date the rate of duty representing each such concession identified in said 6th recital of this proclamation shall be applied, subject to the applicable terms, conditions, and qualifications set forth in said schedule XX, and parts I, II, and III, of said general agreement, and in subdivision (a), other than exception (I) thereof, of said proclamation of December 16, 1947, including any amendments and rectifications of said agreement and said proclamation which have been proclaimed by the President, to articles of a kind provided for in the description of products in the column at the left of said rate; and

(B) The rate of duty specified in the column at the right of the description of products in the 8th recital of this proclamation shall be applied, subject to the applicable terms, conditions, and qualifications set forth therein and in the 7th recital of said proclamation of January 30, 1948, as amended and rectified, to articles of a kind provided for in said description entered, or withdrawn from warehouse, for consumption on and after July 11, 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 therefor by any of the following then in effect: (i) a proclamation pursuant to said section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax, or became effective subsequent to October 30, 1947;

PART I

Acting under the authority of said section 350 of the Tariff Act of 1930, as so amended, and 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 6th recital of this proclamation shall, on and after the date set forth following the identification of each such concession, no longer be identified in the 8th recital of said proclamation of December 16, 1947, and on and after said date the rate of duty representing each such concession identified in said 6th recital of this proclamation shall be applied, subject to the applicable terms, conditions, and qualifications set forth in said schedule XX, and parts I, II, and III, of said general agreement, and in subdivision (a), other than exception (I) thereof, of said proclamation of December 16, 1947, including any amendments and rectifications of said agreement and said proclamation which have been proclaimed by the President, to articles of a kind provided for in the description of products in the column at the left of said rate; and

(b) The rate of duty specified in the column at the right of the description of products in the 8th recital of this proclamation shall be applied, subject to the applicable terms, conditions, and qualifications set forth therein and in the 7th recital of said proclamation of January 30, 1948, as amended and rectified, to articles of a kind provided for in said description entered, or withdrawn from warehouse, for consumption on and after July 11, 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 therefor by any of the following then in effect: (i) a proclamation pursuant to said section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax, or became effective subsequent to October 30, 1947;

PART II

Acting under the authority of said section 350 of the Tariff Act of 1930, as so amended, and to the end that said exclusive trade agreement specified in the 3rd recital of this proclamation may be carried out, that:

(a) The rate of duty specified in the column at the right of the description of products in the 7th 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, as amended and rectified, to products of the Republic of Cuba of a kind provided for in said description entered, or withdrawn from warehouse, for consumption on and after July 11, 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 therefor by any of the following then in effect: (i) a proclamation pursuant to said section 350 of the Tariff Act of 1930, as amended, or (ii) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax, or became effective subsequent to October 30, 1947; and

(b) The list set forth in the 9th recital of said proclamation of January 1, 1948, as amended and rectified, shall be further amended in the manner, and on and after the respective dates, indicated in the 9th recital of this proclamation; and

PART III

That the amendment contained in said special protocol relating to article XXIV specified in the 5th recital of said proclamation of June 11, 1948 and in the 10th recital of this proclamation became effective, in respective of the United States of America, on June 7, 1948.

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 25th day of June 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.