Page:United States Statutes at Large Volume 93.djvu/1511

 PROCLAMATION 4631—DEC. 28, 1978 Proclamation 4631

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93 STAT. 1479

December 28, 1978

Import Fees on Sugars and Sirups

By the President of the United States of America A Proclamation By Proclamation No. 4 5 4 7 of January 20, 1978, I i m p o s e d, o n an emergency basis, import fees o n certain sugars and sirups. The s e fees were to be effective p e n d i n g my further action after receipt of the report of fmdings and r e c o m m e n d a tions of the United States International Trade Commission after its conduct of an investigation with respect to this m a t t e r pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624). The Commission has m a d e its investigation and report e d its fmdings and r e c o m m e n d a t i o n s to m e.

19 USC 1202.

O n the basis of the information s u b m i t t e d to m e, I find and declare that: (a) Sugars, described below by use and physical description, are b e i n g imported, o r are practically certain to be i m p o r t e d, into the United States under such conditions and in such quantities as to r e n d e r o r t e n d to r e n d e r ineffective, o r materially interfere with, the price s u p p o r toperation s b e i n g c o n d u c t e d by the Department of Agriculture for sugar c a n e and sugar b e e t s, o r r e d u c e substantially the a m o u n t of any p r o d u c t p r o c e s s e d in the United States from d o m e s t i c s u g a r beets o r s u g a r c a n e; (b) The imposition of the i m p o r t fees hereinafter proclaimed is necessary in o r d e r that the entry, o r withdrawal from w a r e h o u s e, for c o n s u m p t i o n of such sugars will not r e n d e r o r t e n d to r e n d e r ineffective, o r materially interfere with, the price s u p p o r toperation s b e i n g c o n d u c t e d by the Department of Agriculture for sugar beets and sugar cane, o r r e d u c e substantially the a m o u n t of p r o d u c t s p r o c e s s e d in the United States from such d o m e s t i c sugar beets o r sugar cane. NOW, THEREFORE, I, JIMMY CARTER, P r e s i d e n t of the United States of America, by the authority vested in m e by section 22 of the Agricultural Adjustment Act, as amended, d o h e r e by proclaim that Part 3 of the A p p e n d i x to the Tariff Schedules of the United States is amended as follows: 1. H e a d note 4 is c o n t i n u e d in effect and amended by c h a n g i n g the heading to read " 4. Sugars and s i r u p s. — " and by a d d i n g paragraph (c) which reads as follows: (c)(i) The quarterly adjusted fee provided for in items 956.05 and 957.15 shall be the amount of the fee for item 956.15 plus.52 cents per pound. (ii) The quarterly adjusted fee provided for in item 956.15 shall be the amount by which the average of the daily spot (world) price quotations for raw sugar for the first 20 consecutive market days preceding the 20th day of the month preceding the calendar quarter during which the fee shall be applicable (as reported by the New York Coffee and Sugar Exchange or, if such quotations are not being reported by the International Sugar Organization), expressed in the United States cents per pound, Caribbean ports, in bulk, adjusted to a United States delivered basis by adding applicable duty and attributed costs of 0.90 cents per pound for freight, insurance, stevedoring, financing, weighing and sampling, is less than 15.0 cents per pound: Provided, That whenever the average of such daily spot price quotations for lO consecutive market days within any calendar quarter, adjusted to a United States delivered basis as provided herein, plus the fee then in effect (1) exceeds 16.0 cents, the fee then in effect shall be decreased by one cent, or (2) is less than 14.0 cents, the fee then in effect shall be increased by one cent: Provided further, That the fee may not be greater than 50 per centum of the average of such daily spot price quotations for raw sugar. (iii) The Secretary of Agriculture shall determine the amount of the quarterly fees in accordance with (i) and (ii) hereof and announce such fees not later than the 25th day of the month preceding the calendar quarter during which the fees shall be applicable. The Secretary shall certify the amount of such fees to the Secretary of the Treasury and file notice thereof with the Federal Register prior to the beginning of the calendar quarter during which the fees shall be applicable. The Secretary of Agriculture shall determine and announce any adjustments in the fees made within a calendar quarter in accordance

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