Proclamation 4713

TEMPORARY DUTY INCREASE ON THE IMPORTATION INTO THE UNITED STATES OF CERTAIN NONELECTRIC COOKING WARE OF STEEL

By the President of the United States of America A Proclamation

1. Pursuant to section 201(d)(1) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2251(d)(1)), the United States International Trade Commission (USITC), on November 5, 1979, reported to the President (USITC Report 201-39) the results of its investigation under section 201(b) of the Trade Act (19 U.S.C. 2251(b)). The USITC determined that nonelectric cooking ware of steel, enameled or glazed with vitreous glasses, is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing articles like or directly competitive with the imported articles. The subject articles are now provided for in item 654.02 of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) (formerly provided for in item 653.97, TSUS). The USITC recommended the imposition of additional duties on imports of the above specified articles.

2. On January 2, 1980, pursuant to section 202(b)(1) of the Trade Act (19 U.S.C. 2252(b)(1)), and after taking into account the considerations specified in section 202(c) of the Trade Act (19 U.S.C. 2252 (c)), I determined to remedy or prevent the injury or threat thereof, found to exist by the USITC, by proclaiming a temporary duty increase. On January 2, 1980, in accordance with section 203(b)(1) of the Trade Act (19 U.S.C. 2253(b) (1)), I transmitted a report to the Congress setting forth my determination and intention to proclaim a temporary duty increase and stating the reasons why my decision differed from the action recommended by the USITC.

3. Section 503(c) (2) of the Trade Act (19 U.S.C. 2463 (c) (2)) provides that no article shall be eligible for purposes of the Generalized System of Preferences (GSP) for any period during which such article is the subject of any action proclaimed pursuant to section 203 of the Trade Act (19 U.S.C. 2253).

4. Section 203(e) (1) of the Trade Act (19 U.S.C. 2253(e) (1)) requires that import relief be proclaimed and take effect within 15 days after the import relief determination date.

5. Pursuant to section 203(a) (1) and 203(e) (1) of the Trade Act (19 U.S.G. 2253(a) (1) and 2253(e)(1)), I am providing import relief through the temporary increase of the import duty on certain nonelectric cooking ware of steel, as hereinafter proclaimed.

Now, THEREFORE, I, JIMMY CARTER, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes of the United States, including General Headnote 4 of the TSUS (19 U.S.C. 1202), section 604 and section 203 of the Trade Act (19 U.S.C. 2483; and 19 U.S.C. 2253), and in accordance with Articles I and XIX of the General Agreement on Tariffs and Trade (GATT) (61 Stat. (pt. 5) A12 and 61 Stat. (pt. 5) A58; 8 UST (pt. 2) 1786), do proclaim that- (l) Part I of Schedule XX to the GATT is modified to conform to the actions taken as set forth in the Annex to this proclamation. (2) Subpart A, part 2 of the Appendix to the TSUS is modified as set forth in the Annex to this proclamation.

(3) GSP eligibility is suspended for the nonelectric cooking ware of steel classified under TSUS item 923.60 as added by the Annex to this proclamation for such time as the import relief provided for therein is in effect. (4) This proclamation shall be effective as to articles entered, or withdrawn from warehouse, for consumption on or after January 17, 1980, and before the close of January 16, 1984, unless the period of its effectiveness is earlier expressly suspended, modified or terminated. (5) The Commissioner of Customs shall take such action as the U.S. Trade Representative shall direct in the implementation and administration of the import relief herein proclaimed.

IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of January, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth.

JIMMY CARTER

[Filed with the Office of the Federal Register, 12:05 p.m., January 17, 1980]