Page:United States Statutes at Large Volume 91.djvu/1811

 PROCLAMATION 4539—NOV. 11, 1977 Proclamation 4539

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9 1 STAT. 1777

November 11, 1977

Modification of Tariffs on Certain Sugars, Sirups, and Molasses By the President of the United States of America A Proclamation 1. By Proclamation 4334, of November 16, 1974, the President modified Subpart 19 USC 1202. A, Part 10, Schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202, hereinafter referred to as the "TSUS") to establish, effective January 1, 1975, following expiration of the Sugar Act of 1948, a rate of duty and quota applicable to 7 USC 1100. sugars, sirups and molasses described in items 155.20 and 155.30 of the TSUS. By Proclamation 4463 of September 21, 1976, as amended by Proclamation 4466, of 19 USC 1202. October 4, 1976, the President modified the rate of duty applicable to such sugars. Ante, p. 1699. sirups and molasses. 2. The President took these actions pursuant to authority vested in him by the Constitution and statutes of the United States, including section 201(a)(2) of the Trade Expansion Act of 1962 (19 U.S.C. 1821(a)(2)), and in conformity with Headnote 2 of Subpart A of Part 10 of Schedule 1 of the TSUS, hereinafter referred to as the "Headnote". The Headnote was part of a trade agreement that embodied the results of the "Kennedy Round" of international trade negotiations. That agreement is known formally as the 1967 Geneva Protocol to the General Agreement on Tariffs and Trade, and the agreement includes, as an Annex, "Schedule XX", a schedule of United States trade concessions made during those negotiations. This agreement was concluded pursuant to section 201(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1821(a)), and was implemented by Proclamation No. 3822, of December 16, 1967, (82 Stat. 1455) which, inter alia, added the Headnote to the TSUS. ^, •_..,,

19 USC 1202.

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3. The Headnote provides, in relevant part, as follows: "(i)... 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 item 155.20 or 155.30, which will give due consideration to Post, p. 1778. the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariff's and Trade, he shall proclaim such particular rate and such quota limitation,... "(ii)... 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 eflFect to the above considerations;..." 4. Section 201(a)(2) of the Trade Expansion Act authorizes the President to proclaim the modification or continuance of any existing duty or other import restrictions, or such additional import restrictions as he determines to be required or appropriate to carry out any trade agreement entered into under the authority of that Act, except that pursuant to section 201(b)(2) of the Act, the President may not by proclamation increase a rate of duty to a rate more than 50 percent above the rate existing on July 1, 1934. The currently applicable tariff rates in rate column numbered 2 for sugars, sirups, and molasses, described in items 155.20 and 155.30, are treated as the rates "existing on July 1, 1934", for the purposes of the President's proclaiming authority.

19 USC 1821.

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