Proclamation 5071

By the President of the United States of America A Proclamation

1. The Secretary of Agriculture has advised me that he has reason to believe that certain sugars, blended sirups, and sugars mixed with other ingredients, described below, and certain other sugars, sirups, and mixtures of sugar or sirup with other ingredients 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 operations being conducted by the Department of Agriculture for sugar cane and sugar beets.

2. I agree that there is reason for such belief by the Secretary of Agriculture, and therefore I am requesting the United States International Trade Commission to make an immediate investigation with respect to this matter pursuant to section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624), and report its findings and recommendations to me as soon as possible.

3. The Secretary of Agriculture has also determined and reported to me with regard to the sugars, blended sirups, and sugars mixed with other ingredients, described below, that a condition exists which requires emergency treatment and that the import quotas hereinafter proclaimed should be imposed without awaiting the report and recommendations of the United States International Trade Commission.

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

(a) The articles described below 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 operations of the Department of Agriculture for sugar cane and sugar beets;

(b) The representative period within the meaning of the first proviso to subsection (b) of section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624), for imports of the articles described below is the years 1978-81, during which years there were no imports of the described articles; and

(c) The imposition of the import quotas hereinafter proclaimed, without awaiting the recommendations of the United States International Trade Commission with respect to such action, is necessary in order that the entry, or withdrawal from warehouse for consumption, of the articles described below will not materially interfere with the price support operations being conducted by the Department of Agriculture for sugar cane or sugar beets.

Now, Therefore, I, Ronald Reagan, President of the United States of America, by the authority vested in me by section 22 of the Agricultural Adjustment Act of 1933, as amended, and the Constitution and Statutes of the United States, including Section 301 of Title 3 of the United States Code, do hereby proclaim as follows:

1. Part 3 of the Appendix to the Tariff Schedules of the United States is amended by inserting in numerical sequence the following two items:

Quota Item Articles Quantity

958.10 Blended sirups provided for in TSUS item 155.75, containing sugars derived from sugar cane or sugar beets, capable of being further processed or mixed with similar or other ingredients, and not prepared for marketing to the retail consumers in the identical form and package in which imported None.

958.15 Articles containing over 65 percent by dry weight of sugars derived from sugarcane or sugar beets, whether or not mixed with other ingredients, capable of being further processed or mixed with similar or other ingredients, and not prepared for marketing to the retail consumers in the identical form and package in which imported; all the foregoing articles provided for in TSUS items 155.75, 156.45, 183.01, and 183.05, except articles within the scope of other import restrictions provided for in part 3 of the Appendix to the Tariff Schedules of the United States None.

2. Pending Presidential action upon receipt of the report and recommendations of the United States International Trade Commission on this matter, the quotas established by this proclamation shall apply to articles entered, or withdrawn from warehouse for consumption, on or after the effective date of this proclamation. However, these quotas shall not apply to articles entered, or withdrawn from warehouse for consumption, if the articles were (1) exported from the country of origin prior to the effective date of this proclamation, and (2) imported directly into the United States, as determined by the appropriate customs officials, in accordance with the criteria set forth at 19 CFR 10.174, 10.175 (1982).

3. This proclamation shall be effective as of 12:01 a.m. Eastern Daylight Time on the day following the date of its signing.

In Witness Whereof I have hereunto set my hand this 28th day of June, in the year of our Lord nineteen hundred and eighty three, and of the Independence of the United States of America the two hundred and seventh.

RONALD REAGAN

[Filed with the Office of the Federal Register, 11:30 a.m., June 29, 1983]