Page:Title 3 CFR 2000 Compilation.djvu/25

 Proclamations Proc. 7273 headings 7213.91, 7213.99, 7227.20 and 7227.90.60 of the Harmonized Tar- iff Schedule of the United States (HTS). The USITC commissioners were equally divided with respect to the determination required under section 202(b) of the Trade Act (19 U.S.C. 2252(b)) regarding whether such steel wire rod is being imported into the United States in such increased quan- tities as to be a substantial cause of serious injury, or threat of serious in- jury, to the domestic industry producing a like or directly competitive arti- cle. 2. Section 330(d)(1) of the Tariff Act of 1930, as amended (the "Tariff Act") (19 U.S.C. 1330(d)(1)) provides that when the USITC is required to deter- mine under section 202(b) of the Trade Act whether increased imports of an article are a substantial cause of serious injury, or the threat thereof, and the commissioners voting are equally divided with respect to such deter- mination, then the determination agreed upon by either group of commis- sioners may be considered by the President as the determination of the USITC. Having reviewed the determinations of both groups of commis- sioners, I have decided to consider the determination of the group of com- missioners voting in the affirmative to be the determination of the USITC. 3. Pursuant to section 311(a) of the North American Free Trade Agreement Implementation Act (the "NAFTA Implementation Act") (19 U.S.C. 3371(a)), the USITC made negative findings with respect to imports of steel wire rod from Mexico and Canada. The USITC commissioners voting in the affirmative also transmitted to the President their recommendations made pursuant to section 202(e) of the Trade Act (19 U.S.C. 2252(e)) with respect to the action that would address the serious injury or threat thereof to the domestic industry and be most effective in facilitating the efforts of the do- mestic industry to make a positive adjustment to import competition. 4. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and after tak- ing into account the considerations specified in section 203(a)(2) of the Trade Act, I have determined to implement action of a type described in section 203(a)(3) and to provide exclusions for enumerated steel wire rod products ("excluded products"). Pursuant to section 312(a) of the NAFTA Implementation Act (19 U.S.C. 3372(a)), I have determined that imports of steel wire rod from Mexico, considered individually, do not account for a substantial share of total imports and do not contribute importantly to the serious injury, or threat of serious injury, found by the USITC, and that im- ports from Canada, considered individually, do not contribute importantly to such injury or threat. Accordingly, pursuant to section 312(b) of the NAFTA Implementation Act (19 U.S.C. 3372(b)), I have excluded steel wire rod the product of Mexico or Canada from the action I am taking under section 203 of the Trade Act. 5. Such action shall take the form of a tariff-rate quota on imports of steel wire rod (other than excluded products), provided for in HTS subheadings 7213.91, 7213.99, 7227.20 and 7227.90.60, imposed for a period of 3 years plus i day, with annual increases in the within-quota quantities and an- nual reductions in the rate of duty applicable to goods entered in excess of those quantities in the second and third years, as provided for in the Annex to this proclamation. 6. Except for products of Mexico and of Canada, which shall all be ex- cluded from this restriction, such tariff-rate quota shall apply to imports of steel wire rod from all countries. Pursuant to section 203(a)(1)(A) of the 25

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