Proclamation 3075—Imposing a Quota on Imports of Barley and Barley Malt

Whereas, pursuant to section 22 of the Agricultural Adjustment Act, as added by section 31 of the act of August 24, 1935, 49 Stat. 773, re-enacted by section 1 of the act of June 3, 1937, 50 Stat. 246, and as amended by section 3 of the act of July 3, 1948, 62 Stat. 1248, section 3 of the act of June 28, 1950, 64 Stat. 261, and section 8 (b) of the act of June 16, 1951, 65 Stat. 72 (7 U. S. C. 624), the Secretary of Agriculture has advised me that he has reason to believe that barley, hulled or unhulled, including rolled barley and ground barley, and barley malt are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price-support program undertaken by the Department of Agriculture with respect to barley pursuant to sections 301 and 401 of the Agricultural Act of 1949, as amended, or to reduce substantially the amount of products processed in the United States from domestic barley with respect to which such program of the Department of Agriculture is being undertaken; and

Whereas, on August 20, 1954, I caused the United States Tariff Commission to make an investigation under the said section 22 with respect to this matter; and

Whereas the said Tariff Commission has made such investigation and has reported to me its findings and recommendations in connection therewith; and

Whereas, on the basis of the said investigation and report of the Tariff Commission, I find that barley, hulled and unhulled, including rolled barley and ground barley, and barley malt, in the aggregate, are practically certain to be imported into the United States during the period from October 1, 1954, to September 30, 1955, both dates inclusive, under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the said price-support program with respect to barley; and

Whereas I find and declare that the imposition of the quantitative limitations hereinafter proclaimed is shown by such investigation of the Tariff Commission to be necessary in order that the entry, or withdrawal from warehouse, for consumption of barley, hulled and unhulled, including rolled barley and ground barley, and barley malt will not render or tend to render ineffective, or materially interfere with, the said price-support program:

Now, Therefore, I, Dwight D. Eisenhower, President of the United States of America, acting under and by virtue of the authority vested in me by the said section 22 of the Agricultural Adjustment Act, as amended, do hereby proclaim that the total aggregate quantity of barley, hulled and unhulled, including rolled barley and ground barley, and barley malt entered, or withdrawn from warehouse, for consumption during the period from October 1, 1954, to September 30, 1955, both dates inclusive, shall not exceed 27,500,000 bushels, which permissible total quantity I find and declare to be proportionately not less than 50 per centum of the total average aggregate annual quantity of such barley and barley malt entered, or withdrawn from warehouse for consumption during the representative period from July 1, 1948, to June 30, 1953, both dates inclusive; and that, of the said permissible total quantity not more than 27,225,000 bushels shall be imported from Canada, and not more than 275,000 bushels shall be imported from other foreign countries.

For the purposes of this proclamation, 48 pounds of barley, hulled or unhulled, including rolled barley or ground barley, shall be considered equal to one bushel, and 34 pounds of barley malt shall be considered equal to one bushel.

The provisions of this proclamation shall not apply to certified or registered seed barley for use for seeding and crop-improvement purposes, in bags tagged and sealed by an officially recognized seed-certifying agency of the country of production: Provided, (a) that the individual shipment amounts to 100 bushels (of 48 pounds each) or less, or (b) that the individual shipment amounts to more than 100 bushels (of 48 pounds each) and the written approval of the Secretary of Agriculture or his designated representative is presented at the time of entry, or bond is furnished in a form prescribed by the Commissioner of Customs in an amount equal to the value of the merchandise as set forth in the entry, plus the estimated duty as determined at the time of entry, conditioned upon the production of such written approval within 6 months from the date of entry.

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 18th day of October in the year of our Lord nineteen hundred and fifty-four, and of the Independence of the United States of America the one hundred and seventy-ninth.

DWIGHT D. EISENHOWER

By the President:

JOHN FOSTER DULLES,

Secretary of State