Proclamation 2946—Terminating the Peruvian Trade Agreement Proclamation and Supplementing Proclamation No. 2764 of January 1, 1948

1. Whereas, pursuant to the authority vested in him by the Constitution and the statutes, including section 350(a) of the Tariff Act of 1930, as amended, the President of the United States entered into a trade agreement with the President of the Republic of Peru on May 7, 1942 (56 Stat. 1510), and by Proclamation of June 29, 1942 (56 Stat. 1509) proclaimed the said trade agreement effective on and after July 29, 1942;

2. Whereas the Government of the United States and the Government of the Republic of Peru recorded in an exchange of notes dated September 12, 1951 and September 28, 1951, the understanding that the above-mentioned trade agreement will expire on October 7, 1951;

3. Whereas, as set forth in proclamation No. 2764 of January 1, 1948 (3 CFR 1948 Supp., p. 11), on October 30, 1947, the President entered into an exclusive trade agreement with the Government of the Republic of Cuba (Treaties and Other International Acts Series 1703), paragraph 2(c)(ii) of which provides that certain products of the Republic of Cuba which would have been subject to ordinary customs duty if imported into the United States on April 10, 1947, and which are of a kind which the United States Government shall determine to have been imported into its territory as products of Cuba in any quantity during any of the calendar years 1937, 1939, 1944, and 1945, shall be entitled upon importation into the United States to a margin of preference in the applicable rate of duty equal to the absolute difference between the most-favored-nation rate for the like products existing on April 10, 1947, and the preferential rate likewise existing on that date with respect to such products of the Republic of Cuba;

4. Whereas it has been determined in accordance with paragraph 2(c)(ii) of the said exclusive trade agreement that ginger root, candied, or otherwise prepared or preserved, was imported into the territory of the United States as a product of Cuba in some quantity during the calendar years 1937, 1939, 1944, or 1945;

5. Whereas the most-favored-nation rate for ginger root, candied, or otherwise prepared or preserved, existing on April 10, 1947, was 10 per centum ad valorem, which rate was established by the proclamation of June 29, 1942, mentioned in the first recital hereof, and the preferential rate likewise existing on that date with respect to such ginger root, the product of Cuba, was 8 per centum ad valorem, wherefore the absolute difference between this most-favored-nation rate and this preferential rate was 2 per centum ad valorem;

6. Whereas the termination of the said proclamation of June 29, 1942, pursuant to the notes exchanged between the Government of the United States and the Government of the Republic of Peru mentioned in the second recital hereof, will result in the reestablishment as the most-favored-nation rate on ginger root, candied, or otherwise prepared or preserved, the rate of 20 per centum ad valorem provided for in paragraph 778 of the Tariff Act of 1930, and following such termination the rate of duty for such ginger root, the product of Cuba, conforming to the provisions of paragraph 2(c)(ii) of the said exclusive trade agreement with Cuba will be 18 per centum ad valorem; and

7. Whereas I determine that the application of such rate of 18 per centum ad valorem to ginger root, candied, or otherwise prepared or preserved, the product of Cuba, on and after October 7, 1951, is required or appropriate to carry out the said exclusive trade agreement with Cuba;

Now, Therefore, I, Harry S. Truman, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including the said section 350(a) of the Tariff Act of 1930, as amended, do proclaim as follows:

PART I

That said proclamation of June 29, 1942, relating to the said trade agreement with the Republic of Peru, shall be terminated in whole on October 7, 1951.

PART II

That the list set forth in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, which list sets out the rates of duty applicable to certain products of the Republic of Cuba, shall be further amended by changing the rate in item 778 of such list, pertaining to ginger root, candied, or otherwise prepared or preserved, from "8% ad val." to "18% ad val." effective on and after October 7, 1951.

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 fourth day of October in the year of our Lord nineteen hundred and fifty-one and of the Independence of the United States of America the one hundred and seventy-sixth.

HARRY S. TRUMAN

By the President:

JAMES E. WEBB,

Acting Secretary of State.