TEMPORARY DUTY INCREASE ON THE IMPORTATION INTO THE UNITED STATES OF CERTAIN HIGH-CARBON FERROCHROMIUM
By the President of the United States of America
1. Pursuant to section 201(d)(1) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2251(d)(1)), the United States International Trade Commission (USITC) on September 5, 1978, reported to the President (USITC Report 201-35) the results of its investigation under section 201(b)(1) of the Trade Act (19 U.S.C. 2251(b)(1)). The USITC determined that ferrochromium, containing over 3 percent by weight of carbon, provided for in item 607.31 of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) is being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industry producing an article like or directly competitive with the imported article. The USITC recommended the imposition of tariff increases on the column 1 rate of 30 percent ad valorem in the first year declining to 20 percent ad valorem in the fifth year of relief.
2. On November 2, 1978, pursuant to section 202(b) (1) of the Trade Act (19 U.S.C. 2252(b)(1)), and after taking into account the considerations specified in section 202(c) of the Trade Act (19 U.S.C. 2252 (c)), I determined to remedy the injury found to exist by the USITC through the proclamation of a temporary duty increase different from that recommended by the USITC. In accordance with section 203(b) (1) of the Trade Act (19 U.S.C. 2253(b) (1)), I transmitted a report to the Congress setting forth my determination and intention to proclaim a temporary duty increase and stating the reasons why my decision differed from the action recommended by the USITC.
3. Section 203(e) (1) of the Trade Act (19 U.S.C. 2253(e)(1)) requires that import relief be proclaimed and take effect within 15 days after the import relief determination date.
4. Pursuant to section 203(a) ( 1 ) of the Trade Act (19 U.S.C. 2253(a)(1)), I am providing import relief through the temporary increase of import duty on ferrochromium, containing over 3 percent by weight of carbon, valued less than 38 cents per pound, as hereinafter proclaimed.
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 of the United States, including General Headnote 4 of the TSUS (19 U.S.C. 1202), sections 203 and 604 of the Trade Act (19 U.S.C. 2253 and 2483), and in accordance with Articles I and XIX of the General Agreement on Tariffs and Trade (GATT) (61 Stat. (pt. 5) A 12 and 61 Stat. (pt. 5) A 58:8 UST (pt. 2) 1786), do proclaim that-
(1) Part I of Schedule XX to the GATT is modified to conform to the actions taken in the Annex to this proclamation.
(2) Subpart A, part 2 of the Appendix to the TSUS is modified as set forth in the Annex to this proclamation.
(3) This proclamation shall be effective as to those articles entered, or withdrawn from warehouse, for consumption on or after November 17, 1978, and before the close of November 16, 1981, unless the period of its effectiveness is earlier expressly modified or terminated.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of November, in the year of our Lord nineteen hundred seventy-eight, and of the Independence of the United States of America the two hundred and third.
[Filed with the Office of the Federal Register, 10:25 a.m., November 16, 1978]