Proclamation 5340

By the President of the United States of America A Proclamation

1. By Proclamation No. 5294 of January 28, 1985, I imposed, on an emergency basis, import quotas on certain sugar containing articles pursuant to Section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624) ("Section 22"). These quotas were to remain in effect pending investigation by the United States International Trade Commission (the "Commission") and Presidential action on the report and recommendations of the Commission.

2. The Secretary of Agriculture has advised me that, due to unexpected circumstances, it is appropriate to modify those import quotas, pending the investigation, report, and recommendations of the Commission, to permit the entry of certain articles currently excluded by those quotas.

3. I agree that it is appropriate to modify those quotas immediately while awaiting the investigation, report, and recommendations of the Commission.

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 of America, do hereby proclaim as follows:

A. Part 3 of the Appendix to the Tariff Schedules of the United States is amended by:

(1) inserting in the superior heading for items 958.16 through 958.18- (a) "(Proclamation No. 5294, effective January 29, 1985)" after "on the effective date of this proclamation";

(b) "over 10 percent by dry weight of" immediately after "Articles containing"; and

(c) the words "(a) articles not principally of crystalline structure or not in dry amorphous form that are prepared for marketing to the retail consumers in the identical form and package in which imported, or (b)" immediately after "except"; (2) deleting (a) the column heading "Effective Period" above the superior heading for items 958.16 through 958.18;

(b) "Until 10/1/85" for each of items 958.16 through 958.18; and

(c) items 958.20, 958.25, and 958.30 together with their superior headings;

(3) inserting in item 958.18 the words, "except cake decorations and similar products to be used in the same condition as imported without any further processing other than the direct application to individual pastries or confections; finely ground or masticated coconut meat or juice thereof mixed with those sugars; and minced seafood preparations within the scope of item 183.05 containing 20 percent or less by dry weight of those sugars" immediately after "183.05"; and (4) effective on October 1, 1985.-

(a) the superior heading to items 958.16 through 958.18 is modified by striking out the words "During the period beginning on the effective date of this proclamation (Proclamation No. 5294, effective January 29, 1985) through September 30, 1985, if" and inserting in their place "Whenever, in any 12-month period beginning October 1 in any year,"; and

(b) by striking out the quota quantities "1,000 short tons", "2,500 short tons", and "28,000 short tons" from items 958.16, 958.17, and 958.18, respectively, and inserting in their place "3,000 short tons", "7,000 short tons", and "84,000 short tons", respectively.

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

C. The quotas for items 958.16 through 958.18 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.

In Witness Whereof, I have hereunto set my hand this 17th day of May, 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, 4:25 p.m., May 17, 1985]