Proclamation 5294

By the President of the United States of America A Proclamation

1. By Proclamation No. 5071 of June 28, 1983, I imposed, on an emergency basis, import quotas on certain sugars, blended sirups, and sugars mixed with other ingredients. These quotas were to be effective pending my further action after receipt of the report and recommendations of the United States International Trade Commission (hereinafter "Commission") on this matter pursuant to Section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624) (hereinafter "Section 22"). The Commission has made its investigation and reported its findings to me.

2. The Secretary of Agriculture has advised me that he has reason to believe that certain other sugar containing articles, not covered by Proclamation No. 5071, are practically certain to be imported into the United States under such conditions and in such quantities as to materially interfere with the price support operations being conducted by the Department of Agriculture for sugar cane and sugar beets.

3. I agree that there is reason for such belief by the Secretary of Agriculture and, therefore, I am requesting the Commission to make an investigation with respect to this matter pursuant to Section 22, and report its findings and recommendations to me as soon as possible.

4. The Secretary of Agriculture has also determined and reported to me with regard to the sugar containing articles described in paragraph (B) 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 Commission.

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

(a) On the basis of the report and recommendations of the Commission, the articles described in items 958.10 and 958.15 of Part 3 of the Appendix to the Tariff Schedules of the United States (TSUS) are practically certain to be imported into the United States under such conditions and in such quantities as to materially interfere with the price support operations of the Department of Agriculture for sugar cane and sugar beets;

(b) A condition exists requiring the imposition, on an emergency basis, of the import quotas hereinafter proclaimed with regard to the sugar containing articles described in paragraph (B) below; and

(c) The representative period within the meaning of the first proviso to subsection (b) of Section 22 is, for imports of the articles described in TSUS items 958.10 and 958.15, the years 1978-81, during which there were no imports of the articles described in TSUS items 958.10 and 958.15; and for imports described in paragraph (B) below, the years 1978-81.

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, do hereby proclaim as follows:

(A) TSUS items 958.10 and 958.15 of Part 3 of the Appendix to the Tariff Schedules of the United States are continued in effect subject to the provisions of paragraph (c) below;

(B) Part 3 of the Appendix to the Tariff Schedules of the United States is amended by inserting in numerical sequence following TSUS item 958.15 the following items:

Item Articles Quota quantity Effective period

During the period beginning on the effective date of this proclamation through September 30, 1985, if the respective aggregate quantity specified below for one of the numbered classes of articles has been entered no article in such class may be entered during the remainder of such period:

Articles containing sugars derived from sugar cane or sugar beets, whether or not mixed with other ingredients, except articles within the scope of TSUS items 958.10, 958.15 or other import restrictions provided for in part 3 of the Appendix to the Tariff Schedules of the United States:

958.16 Provided for in TSUS item 156.45 1,000 short tons ......................................Until 10/1/85 958.17 Provided for in TSUS item 183.01 2,500 short tons ......................................Until 10/1/85 958.18 Provided for in TSUS item 183.05 28,000 short tons ...................................Until 10/1/85

Beginning October 1, 1985, whenever, in any 12-month period beginning October 1 in any year, the respective aggregate quantity specified below for one of the numbered classes of articles has been entered, no article in such class may be entered, during the remainder of such period:

Item Articles Quota quantity Effective period

Articles containing sugars derived from sugar cane or sugar beets, whether or not mixed with other ingredients, except articles within the scope of TSUS items 958.10, 958.15 or other import restrictions provided for in part 3 of the Appendix to the Tariff Schedules of the United States:

958.20 Provided for in TSUS item 156.45 ......................................................................3,000 short tons 958.25 Provided for in TSUS item 183.01 ......................................................................7,000 short tons 958.30 Provided for in TSUS item 183.05 ......................................................................84,000 short tons

(c) The provisions of this proclamation shall terminate upon the filing of a notice in the Federal Register by the Secretary of Agriculture that the Department of Agriculture is no longer conducting a price support program for sugar cane and sugar beets.

(D) Pending Presidential action upon receipt of the report and recommendations of the Commission referenced in paragraph 3 above, the quotas established by paragraph (B) of this proclamation shall apply to articles entered, or withdrawn from warehouse, for consumption on or after the effective date of this proclamation. However, those quotas shall not apply to articles entered, or withdrawn from warehouse, for consumption if application of those quotas would prevent the entry, or withdrawal from warehouse, for consumption of the articles and 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 (1984).

(E) This proclamation shall be effective as of 12:01 a.m. Eastern Standard Time on the day following the date of its signing.

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

RONALD REAGAN

[Filed with the Office of the Federal Register, 4:19 p.m., January 28, 1985]