Proclamation 6310—To Make Changes to the Harmonized Tariff Schedule of the United States

1. Section 1211(d)(2) of the Omnibus Trade and Competitiveness Act of 1988 ("1988 Act") (d)(2)) requires the United States International Trade Commission ("Commission") to recommend to the President and to the Congress those changes to the Harmonized Tariff Schedule of the United States (HTS) that the Commission would have recommended if certain final judicial decisions published during the 2-year period beginning on February 1, 1988, would have affected tariff treatment if the final decisions had been made before the conversion into the format of the International Convention on the Harmonized Commodity Description and Coding System, June 14, 1983, and the Protocol thereto, June 24, 1986. Section 1211(d)(3) of the 1988 Act (d)(3)) directs the President to review the recommended changes and to proclaim those changes, if any, which the decides are necessay or appropriate to conform the HTS to the pertinent final judicial decisions. This section further provides that any changes proclaimed by the President shall be effective both for entries made on or after the date of the proclamation and for entries made on or after the date of the proclamation and for entries made between January 1, 1989, and the date of the proclamation, upon request by the importer for liquidation or reliquidation thereof within 180 days after the effective date of the proclamation.

2. Pursuant to section 1211(d) of the 1988 Act, on September 1, 1990, the Commission reported its recommendations for changes to the HTS to the President in its report on Investigation No. 332-273 (USITC Publication No. 2309, August 1990). After reviewing all of the changes recommended by the Commission, I have decided that all such changes are necessary or appropriate in order to conform the HTS to the decisions identified in the Commission's report.

3. Section 604 of the Trade Act of 1974, as amended ("1974 Act") authorizes the President to embody in the HTS the substance of the provisions of that Act, of other acts affecting import treatment, and actions thereunder.

Now, Therefore, I, George Bush, President of the United States of America, acting under the authority vested in me by the Constitution and laws of the United States, including but not limited to section 604 of the 1974 Act and section 1211(d) of the 1988 Act, do proclaim that:

(1) In order to conform the HTS to certain final judicial decisions, the HTS is modified as set forth in Annex I to this proclamation.

(2) In order to provide for the continuation of previously proclaimed staged reductions on Canadian goods in the HTS provisions modified in Annex I to this proclamation, effective with respect to goods originating in the territory of Canada which are entered, or withdrawn from warehouse for consumption, on or after the dates specified in Annex II to this proclamation, the rate of duty in the HTS set forth in the Rates of Duty 1 Special subcolumn followed by the sumbol "CA" in parentheses for each of the HTS subheadings enumerated in Annex II shall be deleted and the rate of duty provided in Annex II inserted in lieu thereof on the dates specified.

(3) Any provisions of previous proclamations and Executive orders inconsistent with the provisions of this proclamation are hereby superseded to the extent of such inconsistency.

(4)(a) The modifications made by paragraph (1) of this proclamation shall be effective with respect to:

(i) entries made on or after the date of signature of this proclamation, and

(ii) entries made on or after January 1, 1989, if application for liquidation or reliquidation thereof is made by the importer to the United States Customs Service within 180 days after the date of signature of this proclamation.

(b) The modifications made by paragraph (2) of this proclamation shall be effective with respect to goods originating in the territory of Canada entered, or withdrawn from warehouse for consumption, on or after the dates indicated in the respective columns for such goods in Annex II to this proclamation.

In Witness Whereof, I have hereunto set my hand this twenty-eight day of June, in the year of our Lord nineteen hundred and ninety-one, and of the Independence of the United States of America the two hundred and fifteenth.

GEORGE BUSH