Proclamation 3697—Reduction of Increased Duties on Imports of Stainless-Steel Flatware

1. Whereas, pursuant to Section 350 of the Tariff Act of 1930, the President, on April 21, 1951, entered into, and by Proclamation No. 2929 of June 2, 1951 (65 Stat. c 12), proclaimed the Torquay Protocol to the General Agreement on Tariffs and Trade, including supplementary concessions with respect to certain types of stainless-steel knives and forks provided for in item 355 in Part I of Schedule XX to the Torquay Protocol (3 U.S.T. (pt. 1) 1160) ; and, on May 23, 1956, entered into, and by Proclamation No. 3140 of June 13, 1956 (70 Stat. c33), proclaimed the Sixth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade, including a supplementary concession with respect to certain types of stainless-steel spoons provided for in item 339 in Part I of Schedule XX to the Sixth Protocol of Supplementary Concessions (7 U.S.T. (pt. 2) 1362) ;

2. Whereas, pursuant to Section 7 of the Trade Agreements Extension Act of 1951, and in accordance with the provisions of Article XIX of the General Agreement on Tariffs and Trade (61 Stat. (pt. 5) A58; 8 U.S.T. (pt. 2) 1786), the President by Proclamation 3323 of October 20, 1959 (74 Stat. c15), modified effective on and after November 1, 1959, and until the President otherwise proclaimed, the supplementary concessions with respect to the types of stainless-steel knives, forks, and spoons identified in the first recital of this proclamation by proclaiming increased rates of duty limited to entries after the entry of an aggregate quantity of 69 million single units of such articles in any 12-month period beginning November 1, resulting in an annual tariff quota at the concession rates of duty;

3. Whereas, after compliance with the requirements of Section 102 of the Tariff Classification Act of 1962 (76 Stat. 73), the President by Proclamation No. 3548 of August 21, 1963 (77 Stat. 1017), proclaimed, effective on and after August 31, 1963, the Tariff Schedules of the United States, which reflected, with modifications, and, in effect, superseded (1) the provisions of Proclamations Nos. 2929 and 3140 insofar as those proclamations proclaimed the supplementary concessions with respect to the types of stainless-steel knives, forks, and spoons identified in the first recital of this proclamation (see Subpart E of Part 3 of Schedule 6 of the Tariff Schedules of the United States, including items 650.09, 650.11, 650.39, 650.41, and 650.55), and (2) the provisions of Proclamation No. 3323 (see the Appendix to the Tariff Schedules of the United States, including items 927.50 through 927.54);

4. Whereas, following my request under Section 351 (d) (2) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(d) (2)), the United States Tariff Commission conducted an investigation, including a hearing, pursuant to Section 351(d) (5) of that Act (19 U.S.C. 1981(d) (5)), and on April 14, 1965, submitted to me a report (30 F.R. 5655) advising me of its judgment as to the probable economic effect on the domestic industry concerned of the reduction or termination of the increased rates of duty described in the second recital of this proclamation and provided for in Proclamation No. 3323 (now reflected, with modifications, in the Appendix to the Tariff Schedules of the United States, including items 927.50 through 927.54) ;

5. Whereas, in relation to the possible reduction or termination of such increased rates of duty, I have received and taken into account the advice from the Tariff Commission, advice of the Secretary of Commerce and the Secretary of Labor in accordance with Section 351 (c) (1) (A) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(c) (1) (A)), recommendations of the Special Representative for Trade Negotiations in accordance with Sections 3 (b), 3 (j), and 5(c) of Executive Order No. 11075 of January 15, 1963 (48 CFR 1.3 (b), 1.3(j), and 1.5 (c)), and advice of other interested agencies of the Government; and

6. Whereas, in accordance with Section 351(c) (1) (A) of the Trade Expansion Act of 1962, I have determined that the reduction, as herein proclaimed, of the increased rates of duty described in the second recital of this proclamation and provided for in Proclamation No. 3323 (now reflected, with modifications, in the Appendix to the Tariff Schedules of the United States, including items 927.50 through 927.54) is in the national interest:

Now, Therefore, I, Lyndon B. Johnson, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including Section 351(c) (1) (A) of the Trade Expansion Act of 1962, and in accordance with the provisions of Article XIX of the General Agreement on Tariffs and Trade, do proclaim that:

(1) Proclamation No. 3323 is terminated.

(2) Subpart A of Part 2 of the Appendix to the Tariff Schedules of the United States is amended as follows:

(A) The second article description preceding item 927.50 is amended to read as follows:

"For an aggregate quantity from countries subject to the rates set forth in rate of duty column numbered 1 not to exceed (1) 84 million single units entered in the 12-month period beginning November 1, 1965, and (2) 84 million single units entered in the period beginning November 1, 1966, and ending at the close of October 11, 1967, unless the President proclaims otherwise pursuant to section 351(c) (1) or (2) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(c) (1) or (2)):".

(B) Items 927.53 and 927.54 are deleted, and the following new items 927.60, 927.61, and 927.62 are substituted in lieu thereof:

(3) The actions proclaimed in paragraphs (1) and (2) above are effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after November 1, 1965.

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 seventh day of January in the year of our Lord nineteen hundred and sixty-six, and of the Independence of the United States of America the one hundred and ninetieth.

LYNDON B. JOHNSON

By the President:

Secretary of State