Proclamation 3387—Modifying the Duty on Certain Wool Fabrics

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, 48 Stat. 943, 57 Stat. 125, 59 Stat. 410, the President on October 30, 1947 entered into a trade agreement with certain foreign countries, which trade agreement consists of the General Agreement on Tariffs and Trade and the Protocol of Provisional Application of the General Agreement on Tariffs and Trade, together with a Final Act, 61 Stat. (Parts 5 and 6) A7, All and A2051, Including a schedule of United States concessions (hereinafter referred to as "Schedule XX—Geneva 1947");

2. Whereas by Proclamation No. 2761A of December 16, 1947, 61 Stat. (pt. 2) 1103, 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 the trade agreement specified in the first recital of this proclamation on and after January 1, 1948;

3. Whereas items 1108 and 1109(a), and the appropriate headings, in Part I of Schedule XX—Geneva 1947, which items were given effect by the proclamation of December 18, 1947, read as follows:

4. Whereas, pursuant to the authority cited in the first recital of this proclamation, on April 21, 1951, the President entered into a trade agreement with certain foreign countries, which trade agreement consists of the Torquay Protocol to the General Agreement on Tariffs and Trade (3 UST (pt. 1) 615, (pt. 2) 1841), including a schedule of United States concessions constituting a United States Schedule to the General Agreement on Tariffs and Trade (3 UST (pt. 1) 1125) (hereinafter referred to as "Schedule XX—Torquay 1951");

5. Whereas by Proclamation No. 2929 of June 2, 1951 (65 Stat. C12), the President proclaimed, effective June 6, 1951, such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out the trade agreement specified in the fourth recital of this proclamation;

6. Whereas item 1109(a), and the appropriate headings, in Part I of Schedule XX annexed to the said Torquay Protocol, which item was given effect by the said proclamation of June 2, 1951, read as follows:

and item 1109(a) was made effective as of June 6, 1951 by the letter of the President to the Secretary of the Treasury dated June 2, 1951 (3 C.F.R. 1949 ed., 1951 Supp., p. 530; 18 P.R.. 5388), pursuant to the procedure described in Part I(b) (I) of said Proclamation No. 2929 of June 2, 1951;

7. Whereas the President, by Proclamation No. 3160, of September 28, 1958, which proclamation has been amended by Proclamation No. 3225 of March 7, 1958, by Proclamation No. 3285 of April 21, 1959, and by Proclamation No. 3317, of September 24, 1959, invoked the right reserved in the notes to item 1108 in Part I of Schedule XX--Geneva 1947 and to item 1109(a) in Part I of Schedule XX—Torquay 1951 by increasing to not more than 45 per centum the ad valorem part of the rate applicable to any of the fabrics provided for in item 1108 or 1109(a) of Part I of Schedule XX—Geneva 1947 (including any of the fabrics provided for in item 1109(a) of Part I of Schedule XX—Torquay 1951) in excess of amounts, not greater than 5 per centum of the average annual production of similar fabrics in the United States during the three immediately preceding calendar years, to be notified by him to the Secretary of the Treasury for each year;

8. Whereas Article XXVIII of the General Agreement on Tariffs and Trade provides that a contracting party may, pursuant to procedures provided for therein, modify or withdraw concessions in its schedules to that Agreement;

9. Whereas the procedures of Article XXVIII of the General Agreement on Tariffs and Trade are being complied with to the extent necessary to permit the modification on January 1, 1981 of the concessions provided for in the items set forth in the third and sixth recitals of this proclamation so that such items may read as hereinafter proclaimed in Part I of this proclamation;

10. Whereas reasonable public notice of the intention to conduct the trade agreement renegotiations necessary to accomplish the modifications of the concession hereinafter proclaimed in Part I of the proclamation was given, the views presented by persons interested in such renegotiations were received and considered, and information and advice with respect to such renegotiations were sought and obtained from the Departments of State, Agriculture, Commerce, and Defense, and from other sources;

11. Whereas, pursuant to section 3 of the Trade Agreements Extension Act of 1951, 65 Stat. 72, as amended. I transmitted to the United States Tariff Commission for investigation and report a list of 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 such renegotiations, and the Tariff Commission made an investigation in accordance with that section and thereafter reported to me its determinations made pursuant thereto within the time specified therein; and

12. Whereas, as a result of the modifications of the concessions set forth in the third and sixth recitals of this proclamation which are hereinafter proclaimed in Part I of this proclamation, I determine that it is required or appropriate to carry out the trade agreements specified in the first and fourth recitals of this proclamation, that, on and after January 1, 1961, the proclamations specified in the second and fifth recitals of this proclamation be modified as proclaimed in Part I of this proclamation, and that the justification for the proclamations specified in the seventh recital of this proclamation will then cease to exist.

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 statutes, including section 350 of the Tariff Act of 1930, as amended, do hereby proclaim that, effective January 1, 1961:

PART I

1. The concessions provided for in items 1108 and 1109(a) in Part I of Schedule XX--Geneva 1947 set forth in the third recital of this proclamation are hereby modified so that such items, and appropriate headings, read as follows:

2. The concession provided for in item 1109(a) in Part I of Schedule XX—Torquay 1951 set forth in the sixth recital of this proclamation is hereby modified so that such item, and appropriate headings, read as follows:

PART II

The provisions of items 1108 and 1109(a) of Part I of this proclamation shall be applied, and all proclamations of the President heretofore issued under the authority of section 350 of the Tariff Act of 1930, as amended, are terminated insofar as they are inconsistent with 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 twenty-eighth day of December in the year of our Lord nineteen hundred and sixty, and of the Independence of the United States of America the one hundred and eighty-fifth.

DWIGHT D. EISENHOWER

By the President:

LIVINGSTON T. MERCHANT,

Acting Secretary of State