Proclamation 5354

By the President of the United States of America A Proclamation

1. On June 20, 1985, I determined pursuant to section 301(a) of the Trade Act of 1974, as amended (the Act) (19 U.S.C. 2411(a)), that the preferential tariffs granted by the European Economic Community (EEC) on imports of lemons and oranges from certain Mediterranean countries deny benefits to the United States arising under the General Agreement on Tariffs and Trade (GATT) (61 Stat. (pts. 5 and 6)), are unreasonable and discriminatory, and constitute a burden or restriction on U.S. commerce. I have further determined, pursuant to section 301(b) of the Act (19 U.S.C. 2411(b)), that the appropriate course of action to respond to such practices is to withdraw concessions with respect to imports from the EEC.

2. Section 301(a) of the Act authorizes the President to take all appropriate and feasible action to obtain the elimination of an act, policy, or practice of a foreign government or instrumentality that 1) is inconsistent with the provisions of, or otherwise denies benefits to the United States under, any trade agreement; or 2) is unjustifiable, unreasonable, or discriminatory and burdens or restricts U.S. commerce. Section 301(b) of the Act also authorizes the President to suspend, withdraw, or prevent the application of benefits of trade agreement concessions with respect to, and to impose duties or other import restrictions on the products of, such foreign government or instrumentality. Pursuant to section 301(a) of the Act, such actions can be taken on a nondiscriminatory basis or solely against the foreign government or instrumentality involved.

3. I have decided, pursuant to section 301(a)(2) and (b) of the Act, to increase the U.S. import duties on the pasta articles provided for in items 182.35 and 182.36 of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) which are the product of any member country of the EEC.

Now, Therefore, I, Ronald Reagan, 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 but not limited to sections 301(a)(2) and (b) and section 604 of the Trade Act of 1974, do proclaim that:

1. Subpart B of part 2 of the Appendix to the TSUS is modified as follows: (a) The heading is amended by adding after 1962 "or Section 301 of the Trade Act of 1974". (b) The following new items and superior heading, set forth in columnar form, are inserted in the columns designated "Item", "Articles", and "Rates of Duty 1", respectively, following TSUS item 945.69:

"Macaroni, noodles, vermicelli, and similar alimentary pastes (provided for in

items 182.35 and 182.36, part 15B, schedule 1) if the product of any

member country of the EEC: 945.80 Not containing egg or egg products ..............................................................40% ad val. 945.82 Containing egg or egg products .....................................................................25% ad val."

2. If, in the opinion of the United States Trade Representative, a mutually acceptable resolution of this issue has been reached with the EEC, he shall so advise the President, together with a recommendation concerning the modification or termination of this action. A decision by the President to modify or terminate this action shall be published in the Federal Register. 3. This proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date which is 15 days after the date on which this proclamation is signed.

In Witness Whereof, I have hereunto set my hand this 21st day of June, in the year of our Lord nineteen hundred and eightyfive, 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, 10:49 a.m., June 24, 1985]