Page:United States Statutes at Large Volume 123.djvu/3713

 123STA T . 3 69 3 PROCL A M AT I O N84 14 — S E PT. 11 , 2 0 09 2451),withresp e c tt o i m ports o f cert a i n passen g er v ehic l ean d light tr u c k tires from the P eople ’ s R epu b lic of C hina ( China) .I n its report, the US I T C stated that it had reached an affirmative determination under section 421(b)(1) of the Trade A ct that certain passenger vehicle and light truck tires from China are being imported into the United States in such increased q uantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directl y competitive products. 2. F or purposes of its investigation, the USITC defined certain pas - senger vehicle and light truck tires from China as new pneumatic tires, of rubber, from China, of a kind used on motor cars (e x cept racing cars) and on-the-highway light trucks, vans, and sport utility vehicles, pro- vided for in subheadings 4 0 11.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of the H armoni z ed Tariff Schedule of the United States (HTS). 3 . The USITC commissioners voting in the affirmative under section 421(b) of the Trade Act also transmitted to me their recommendations made pursuant to section 421(f) of the Trade Act (1 9 U.S.C. 2451(f)) on proposed remedies that, in their view, would be necessary to rem- edy the market disruption and the basis for each recommendation. 4. Pursuant to section 421(a) of the Trade Act (19 U.S.C. 2451(a)), I have determined to provide import relief with respect to new pneu- matic tires, of rubber, from China, of a kind used on motor cars (except racing cars) and on-the-highway light trucks, vans, and sport utility ve- hicles, provided for in subheadings 4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of the HTS. 5. Such import relief shall take the form of an additional duty on im- ports of the products described in paragraph 4, imposed for a period of 3 years. For the first year, the additional duty shall be in the amount of 35 percent adv a lorem above the column 1 general rate of duty. For the second year, the additional duty shall be in the amount of 30 per- cent ad valorem above the column 1 general rate of duty, and in the third year, the additional duty shall be in the amount of 25 percent ad valorem above the column 1 general rate of duty. 6 . Section 421(m) of the Trade Act (19 U.S.C. 2451(m)) provides that import relief under this section shall take effect not later than 15 days after the President’s determination to provide such relief. 7 . Section 604 of the Trade Act (19 U.S.C. 24 8 3) authorizes the Presi- dent to embody in the HTS the substance of the provisions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. NOW ,TH E REFORE, I, B ARAC K OBA M A, President of the United States of America, acting under the authority vested in me by the Con- stitution and the laws of the United States of America, including but not limited to sections 421 and 604 of the Trade Act, do proclaim that (1) In order to apply additional duties on imports of the certain pas- senger vehicle and light truck tires from China described in paragraph 4, subchapter III of chapter 99 of the HTS is modified as provided in the Annex to this proclamation.