Proclamation 4792

PROCLAMATION TO SUSPEND IN PART THE TARIFF CONCESSIONS ON CERTAIN LEAD PRODUCTS AND TO CORRECT TECHNICAL ERRORS

By the President of the United States of America A Proclamation

1. On October 31, 1979, under the authority of section 101(a)(1) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2111(a)(1)), the United States entered into a trade agreement with the United Mexican States (Mexico) containing certain tariff concessions by the United States. These tariff concessions were implemented by Proclamation No. 4707 of December 11, 1979, beginning January 1, 1980. This agreement provides that, under certain circumstances which now exist, the United States may suspend or withdraw these concessions in whole or in part.

2. An expectation, which this agreement stated to be the basis for the United States concessions therein, has not materialized, and only partially equivalent substitute concessions have been received from Mexico.

3. Section 125 of the Trade Act (19 U.S.C. 2135) authorizes the President, following public hearings, to withdraw, suspend, or modify the application of trade agreement obligations of the United States under certain circumstances, which now exist. Public hearings on possible modification or suspension of concessions to Mexico were held on June 12, 1980, by the Office of the United States Trade Representative.

4. I have decided, under the provision regarding suspension in the October 31, 1979 agreement and under section 125 of the Trade Act (19 U.S.C. 2135), to suspend in part, until otherwise proclaimed by the President, the tariff concessions which were granted to Mexico in the October 31, 1979 agreement because adequate substitute compensatory concessions have not been provided by Mexico at this time.

5. As a distinct matter, it has been determined that certain technical errors in Proclamation No. 4707 and Proclamation No. 4768, which proclamations made numerous changes to the provisions of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202), require correction.

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 sections 125 and 604 of the Trade Act (19 U.S.C. 2135 and 2483), do proclaim that:

(1) The tariff concession proclaimed by Proclamation No. 4707, on litharge, provided for in TSUS item 473.52, is suspended as set forth in Annex I of this proclamation.

(2) The TSUS is modified as provided in Annexes I, II, and III of this proclamation.

(3) Annex II of Proclamation No. 4768 is amended as provided in Annex I I of this proclamation.

(4) Annex IV of Proclamation No. 4707 is amended as provided in Annex III of this proclamation.

(5) The suspension in part of the rates of duty on litharge, provided for in Annex I of this proclamation, shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after September 15, 1980.

(6) The amendment to Proclamation No. 4768 and the consequential changes to the TSUS made by Annex II of this proclamation shall be effective with respect to articles exported to the United States on and after July 1, 1980, and as to which the liquidations of the entries or withdrawals covering the subject merchandise have not become final and conclusive under section 514 of the Tariff Act of 1930 (19 U.S.C. 1514), by the date of this proclamation.

(7) The amendment to Proclamation No. 4707 and the consequential changes to the TSUS made by Annex III of this proclamation shall be effective on the date of publication of this proclamation in the FEDERAL REGISTER.

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

JIMMY CARTER

[Filed with the Office of the Federal Register, 12:17 p.m., September 15, 1980]