Proclamation 4711

by Jimmy Carter

STAGED REDUCTION OF RATES OF DUTY ON CERTAIN PRODUCTS TO CARRY OUT TRADE AGREEMENTS WITH INDONESIA, TRINIDAD AND TOBAGO AND WITH THE COUNTRIES FORMING THE CARTEGENA AGREEMENT

By the President of the United States of America
A Proclamation

1. I have determined, pursuant to section 101(a) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2111(a)), that certain existing duties of the United States are unduly burdening and restricting the foreign trade of the United States and that one or more of the purposes of the Trade Act would be promoted by entering into the trade agreements identified in the third recital of this proclamation.

2. Sections 131(a), 132, and 133, 134, 135, and 161(b) of the Trade Act (19 U.S.C. 2151(a), 2152, 2153, 2154, 2155 and 2211 (b)) and section 4(c) of Executive Order No. 11846 of March 27, 1975, have been complied with.

3. Pursuant to Title I of the Trade Act (19 U.S.C. 2111 et seq.), I have, through my duly empowered representative, entered into product-specific trade agreements with Indonesia, on November 29, 1979, with Trinidad and Tobago on December 19, 1979, and with the countries forming the Cartegena Agreement on December 14, 1979, pursuant to which United States rates of duty on certain products would be modified as hereinafter proclaimed and as provided for in the annexes to this proclamation, in exchange for certain measures which will benefit United States interests.

4. In order to implement the trade agreements referred to in the third recital of this proclamation it is necessary to modify the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) as provided for in the annexes to this proclamation, attached hereto and made a part hereof.

5. Pursuant to section 855(a) of the Trade Agreements Act of 1979 (93 Stat. 295), I have determined that, in the case of bitters containing spirits classified under item 168.12 of the TSUS, adequate reciprocal concessions have been received, under the trade agreement identified in the third recital of this proclamation which was entered into under the Trade Act of 1974, with Trinidad and Tobago, for the application of the rate of duty appearing in rate column numbered 1 for such item on January 1, 1979, for the comparable item determined on a proof gallon basis.

6. Each modification of existing duty proclaimed herein which provides with respect to an article for a decrease in duty below the limitation specified in section 101(b) (i) of the Trade Act of 1974 (19 U.S.C. 2111 (b) (i)) is authorized by one or more of the following provisions or statutes:

(a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C. 2111(b)(2)), by virtue of the fact that the rate of duty existing on January 1, 1975, applicable to the article was not more than 5 percent ad valorem (or ad valorem equivalent);

(b) Section 109(b) of the Trade Act of 1974 (19 U.S.C. 2119(b) ), by virtue of the fact that I have determined, pursuant to that section, that the decrease authorized by that section will simplify the computation of the amount of duty imposed with respect to the article; and

(c) Section 855 (a) of the Trade Agreements Act of 1979 (93 Stat. 295) by virtue of the authority in such section for specified concessions based on reciprocity.

7. Pursuant to the Trade Act, I determine that the modifications or continuances of existing duties hereinafter proclaimed are required or appropriate to carry out the trade agreements identified in the third recital of this proclamation.

Now, THEREFORE, I, JIMMY. CARTER, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including sections 101, 105, 109, and 604 of the Trade Act (19 U.S.C. 2111, 2115, 2119, and 2483), and Titles V and VIII of the Trade Agreements Act of 1979 (93 Stat. 250) do proclaim, subject to any applicable provisions of the agreements identified in the third recital of this proclamation and of the United States law, that-

(1) The TSUS is modified as provided in Annexes I and II to this proclamation.

(2) Each of the modifications to the TSUS made by this proclamation shall be effective as to articles entered, or withdrawn from warehouse, for consumption on and after January 1, 1980.

(3) The rate of duty applicable to TSUS item 168.12 has ,been reduced under section 101 of the Trade Act of 1974 (19 U.S.C. 2111), as indicated in Annex II, from the rate of duty appearing in rate column numbered 1 on January l, 1979, for the comparable item determined on a proof gallon basis.

IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of January, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth.

JIMMY CARTER

[Filed with the Office of the Federal Register, 2:49 p.m., January 4, 1980]