Page:United States Statutes at Large Volume 104 Part 6.djvu/857

 PROCLAMATION 6120—APR. 25, 1990 104 STAT. 5247 and of the Independence of the United States of America the two hundred and fourteenth. GEORGE BUSH Proclamation 6120 of April 25, 1990 Restoring the Country Allocation To Nicaragua For Quotas on Certain Sugars, Syrups and Molasses By the President of the United States of America A Proclamation 1. Additional U.S. note 2 to chapter 17 of the Harmonized Tariff Schedule of the United States (HTS), enacted by section 1204(a) of the Omnibus Trade and Competitiveness Act of 1988 (Pub. L. No. 100-418, 19 U.S.C. 3004(a)), provides in relevant part as follows: "2. The rates in column numbered 1 in subheadings 1701.11, 1701.12, 1701.91.20, 1701.99, 1702.90.30, 1702.90.40, 1806.10.40 and 2106.90.10, on January 1, 1968, shall be effective only during such time as title II of the Sugar Act of 1948 or substantially equivalent legislation is in effect in the United States, whether or not the quotas, or any of them, authorized by such legislation, are being applied or are suspended: Provided," "(a) That if the President finds that a particular rate not lower than such January 1, 1968, rate, limited by a particular quota, may be established for any articles provided for in the above-mentioned subheadings, which will give due consideration to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade, he shall proclaim such particular rate and such quota limitation,..." "(b) That any rate and quota limitation so established shall be modified if the President finds and proclaims that such modification is required or appropriate to give effect to the above considerations;...." Previously, Proclamation No. 3822 of December 16, 1967 (82 Stat. 1455), had added almost identical provisions to the former Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) in order to carry out a provision in the trade agreement known as the Geneva (1967) Protocol of the General Agreement on Tariffs and Trade (GATT) (Note 1 of Unit A, Chapter 10, Part I of Schedule XX; 19 U.S.T., Part II, 1282). 2. The Sugar Act of 1948 expired on December 31, 1974, and it has not been replaced with substantially equivalent legislation. Proclamation No. 4334 of November 16, 1974 (39 FR 40739), established rates of duty, and an absolute import quota, for such sugars, sirups and molasses, to become effective on January 1, 1975. Proclamation No. 4334 further proclaimed such quantitative limitations in the form of headnote 3 to subpart A, part 10, schedule 1 of the TSUS. Subsequent proclamations have modified such rates of duty and quota limitations. The provisions of headnote 3 to subpart A, part 10, schedule 1 of the TSUS are now set forth in additional U.S. note 3 to chapter 17 of the HTS. 3. By Proclamation No. 4941 of May 5, 1982 (47 FR 19661), the President modified the quantitative limitations on the importation of certain

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