Proclamation 4423

March 26, 1976

Import quota limitations have been imposed on certain dairy products, including dried milk, pursuant to the provisions of Section 22 of the Agricultural Adjustment Act; as amended (7 U.S.C. 624). Those limitations are set forth in Part 3 of the Appendix to the Tariff Schedules of the United States, which schedules are hereinafter referred to as TSUS, under items 950.01, 950.02, and 950.03, and relate to products classified for tariff purposes under items 115.45, 115.50, 11555, 115.60, and 118.05 of Schedule 1 of the TSUS.

The Secretary of Agriculture has advised me that he has reason to believe that dry milk, containing not more than 5.5 percent butterfat by weight, mixed with other ingredients, and thus classified for tariff purposes under items of the TSUS other than the items referenced above, are being, and are practically certain to be, imported under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price support program now conducted by the Department of Agriculture for milk, or to reduce substantially the amount of products processed in the United States from domestic milk.

I agree that there is reason for such belief by the Secretary of Agriculture, and, therefore, have requested the United States International Trade Commission to make an immediate investigation with respect to this matter, pursuant to said Section 22.

The Secretary of Agriculture has also determined and reported to me with regard to such dry milk mixtures that a condition exists which requires emergency treatment and that the import restrictions hereinafter proclaimed should be imposed immediately without awaiting the recommendations of the United States International Trade Commission.

On the basis of the information submitted to me, I find and declare that:

(a) Such dry milk mixtures are being imported, or are practically certain to be imported, into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price support program now conducted by the Department of Agriculture for milk, or to reduce substantially the amount of products processed in the United States from domestic milk;

(b) a condition exists which requires the immediate imposition of the import limitations hereinafter set forth, without awaiting the recommendations of the United States International Trade Commission with respect to such action;

(c) there is no representative period, within the meaning of the first proviso to subsection (b) of the said Section 22, for imports of the said dry milk mixtures; and

(d) the imposition of the import limitation hereinafter proclaimed is necessary in order that the entry, or withdrawal from warehouse, for consumption of such dry milk mixtures will not render or tend to render ineffective, or materially interfere with, the price support program now conducted by the Department of Agriculture for milk, or reduce substantially the amount of products processed in the United States from domestic milk.

Now, Therefore, I, Gerald R. Ford, President of the United States of America, by virtue of the authority vested in me by Section 22 of the Agricultural Adjustment Act, as amended, do hereby proclaim that Part 3 of the Appendix to the TSUS is amended by adding after item 950.18 the following:

Pending Presidential action upon receipt of the report and recommendations of the United States International Trade Commission with respect thereto, the limitation established by item 950.19 shall be applicable to articles entered, or withdrawn from warehouse, for consumption on and after the effective date of this proclamation. Articles which were exported to the United States on a through bill of lading or which were in a bonded warehouse, but not entered, or withdrawn from warehouse, for consumption prior to the date of publication of this proclamation, shall not be denied entry under the import limitation herein proclaimed.

This proclamation shall be effective on the second day following the day it is published in the FEDERAL REGISTER.

In Witness Whereof, I have hereunto set my hand this twenty-sixth day of March, in the year of our Lord nineteen hundred seventy-six, and of the Independence of the United States of America the two hundredth.



GERALD R. FORD