Proclamation 3099—Carrying Out the Supplementary Agreement with Switzerland

1. Whereas, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended, on January 9, 1936, he entered into a trade agreement with the Swiss Federal Council, including two schedules and a declaration annexed thereto (49 Stat. (pt. 2) 3918), and by a proclamation of January 9, 1936 (49 Stat. (pt. 2) 3917), he proclaimed the said trade agreement, which proclamation has been supplemented by a proclamation of May 7, 1936 (49 Stat. (pt. 2) 3959), and a proclamation of November 28, 1940 (54 Stat. (pt. 2) 2461);

2. Whereas the said trade agreement specified in the first recital was supplemented on October 13, 1950, by certain provisions set forth in the 13th recital of the President's proclamation of November 26, 1951 (Proclamation No. 2954,168 Stat. C6);

3. Whereas, by Proclamation No. 3062 of July 27, 1954 (3 Celt, 1954 Supp.. p. 29), acting under and by virtue of the authority vested in the President by section 350 of the Tariff Act of 1930, as amended, and by section 7 (c) of the Trade Agreements Extension Act of 1951. and in accordance with the said trade agreement specified in the first recital as supplemented on October 13, 1950, the President proclaimed modifications of duty concessions granted by the United States with respect to certain products described in item 367 (a) of Schedule II of the said trade agreement, effective at the close of business July 27, 1954;

4. Whereas the said trade agreement specified in the first recital, as supplemented on October 13, 1950, provides for compensatory modifications thereof, whenever action is taken pursuant to Paragraph 1 of the supplemental provisions referred to in the second recital of this proclamation, in order to maintain, to the extent practicable, the general level of reciprocal and mutually advantageous concessions in the said trade agreement;

5. Whereas I have found as a fact that under the circumstances recited above existing duties or other import restrictions of the United States of America or of Switzerland are unduly burdening and restricting the foreign trade of the United States of America;

6. Whereas, pursuant to section 3 (a) of the Trade Agreements Extension Act of 1951 (65 Stat. 72), I transmitted to the United States Tariff Commission for investigation and report a list of all articles imported into the United States of America to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment in trade-agreement negotiations with Switzerland looking towards possible restoration of the general level of reciprocal and mutually advantageous concessions in the said trade agreement, and the said Tariff Commission has made an investigation in accordance with section 3 of said Trade Agreements Extension Act and thereafter reported to the President its findings based thereon;

7. Whereas reasonable public notice of the intention to negotiate a supplementary trade agreement with Switzerland was given and the views presented by persons interested in the negotiation of such supplementary agreement were received and considered;

8. Whereas, after seeking and obtaining information and advice with respect thereto from the Departments of State, Agriculture, Commerce, and Defense, and from other sources, I entered into a trade agreement on June 8, 1955, with the Swiss Federal Council, further supplementing the said trade agreement specified in the first recital, a copy of which supplementary agreement of June 8, 1955, including the supplemental schedule annexed thereto, authentic in both the English and French languages. is annexed to this proclamation;

9. Whereas I find that the compensatory modifications provided for in the said supplementary trade agreement specified in the eighth recital constitute appropriate action toward maintaining the general level of reciprocal and mutually advantageous concessions in the said trade agreement specified in the first recital, and that was the purpose set forth in section 350 (a) of the Tariff Act of 1930, as amended, will be promoted by such compensatory modifications of existing duties and other import restrictions and continuance of existing customs and excise treatment as are set forth and provided for in the said supplementary trade agreement;

10. Whereas it is provided in paragraph numbered 4 of the said supplementary agreement specified in the eighth recital that it shall enter into force on July 11, 1955;

11. Whereas I find that such modifications of existing duties and other import restrictions and such continuance of existing customs and excise treatment of articles as are hereinafter proclaimed in Part I of this proclamation will be required or appropriate, on and after July 11, 1955, to carry out the said supplementary trade agreement specified in the eighth recital;

12. Whereas, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended, on October 30, 1947, he entered into an exclusive trade agreement with the Government of the Republic of Cuba (61 Stat. (pt. 4) 3699), and by Proclamation No. 2764 of January 1, 1948 (62 Stat. (pt. 2) 1465), he proclaimed such modifications of existing duties and other import restrictions of the United States of America in respect 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 the said exclusive agreement, which proclamation has been supplemented by Proclamation 2929 of June 2, 1951, (65 Stat. C12) and by the proclamations referred to in the twelfth recital thereof; and

13. Whereas I determine that, in view of the finding set forth in the eleventh recital of this proclamation, the deletion of the second item 28 (a) (as amended by the said proclamation of June 2, 1951) from the list set forth in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, will be required or appropriate to carry out the said exclusive trade agreement specified in the twelfth recital of this proclamation on and after July 11, 1955:

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 Constitution and the statutes, including the said section 350 of the Tariff Act of 1930, as amended, do proclaim as follows:

PART I

To the end that the said supplementary trade agreement specified in the eighth recital may be carried out, 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 are provided for in the said supplementary agreement of June 8, 1955, shall be effective on and after July 11, 1955.

PART II

To the end that the said exclusive trade agreement specified in the twelfth recital may be carried out, the list set forth in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, shall be further amended by deleting therefrom the second item 28 (a), as amended by the said proclamation of June 2, 1951, effective on and after July 11, 1955.

In Testimony 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 fifty-five, 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