Page:Title 3 CFR 2002 Compilation.djvu/32

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Proclamations Proc. 7529 sions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposi- tion of any rate of duty or other import restriction. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including but not limited to sections 203 and 604 of the Trade Act, and section 301 of title 3, United States Code, do proclaim that: (1) In order to establish increases in duty and a tariff rate quota on im- ports of the certain steel products described in paragraph 7 (other than ex- cluded products), subchapter III of chapter 99 of the HTS is modified as provided in the Annex to this proclamation. Any merchandise subject to a safeguard measure that is admitted into U.S. foreign trade zones on or after March 20, 2002, must be admitted as "privileged foreign status" as de- fined in \1779 CFR \17746.4% and will be subject upon entry to any quantitative restrictions or tariffs related to the classification under the applicable HTS subheading. (2) Such imports of certain steel that are the product of Canada, Israel, }ordan, or Mexico shall be excluded from the safeguard measures estab- lished by this proclamation, and such imports shall not be counted toward the tariff rate quota limits that trigger the over-quota rates of duty. (3) Except as provided in clause (4) below, imports of certain steel that are the product of WTO member developing countries, as provided in sub- division (d)(i) of Note ll in the Annex to this proclamation, shall be ex- cluded from the safeguard measures established by this proclamation, and such imports shall not be counted toward the tariff rate quota limits that trigger the over-quota rates of duties. (4) Clause (3) above shall not apply to imports of a product that is the product of a country listed in subdivision (d)(i) of Note \177 in the Annex to this proclamation if subdivision (d)(ii) of such Note indicates that such country's share of total imports of the product exceeds 3 percent, or that imports of the product from all listed countries with less than 3 percent import share collectively account for more than 9 percent of total imports of the product. The USTR is authorized to determine whether a surge in imports of a product that is the product of a country listed in subdivision (d)(i) undermines the effectiveness of the pertinent safeguard measure and, if so, upon publication of a notice in the Federal Register, to revise sub- division (d) of Note 11 in the Annex to this proclamation to indicate that such product from such country is not excluded from such safeguard meas- ul'e. (5) Within 120 days after the date of this proclamation, the USTR is au- thorized to further consider any request for exclusion of a particular prod- uct submitted in accordance with the procedures set out in 66 Fed. Reg. 54321, 54322-54323 (October 26, 2001) and, upon publication in the Fed- eral Register of a notice of his finding that a particular product should be excluded, to modify the HTS provisions created by the Annex to this proc- lamation to exclude such particular product from the pertinent safeguard measure established by this proclamation. (6) In March of each year in which any safeguard measure established by this proclamation remains in effect, the USTR is authorized, upon publi- 19