Proclamation 5595

By the President of the United States of America A Proclamation

1. I have determined today, pursuant to Section 301 of the Trade Act of 1974, as amended (hereinafter "the Act") (19 U.S.C. 2411), that the inability of the Government of Canada to collect an export charge on exports of certain softwood lumber products to the United States of America until at least January 8, 1987, is unjustifiable or unreasonable and constitutes a burden or restriction of U.S. commerce.

2. Section 301(a) of the Act (19 U.S.C. 2411(a)) 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 United States commerce. Section 301(b) of the Act (19 U.S.C. 2411(b)) 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, any such actions can be taken on a discriminatory basis solely against the foreign government or instrumentality involved. Section 301(d)(1) of the Act (19 U.S.C. 2411(d)(1)) authorizes the President to take action on his own motion.

3. In response to the inability of the Government of Canada to collect an export charge on exports of certain softwood lumber products to the United States of America until at least January 8, 1987, I have decided that expeditious action is required, and, pursuant to Section 301(a), (b), and (d)(1) of the Act, to increase temporarily the rates of duty on imports from Canada of the softwood lumber products provided for in Appendix A to this Proclamation. I am authorizing the Secretary of Commerce to determine when the Government of Canada begins to collect the export charge and, when he has made that determination, to take all necessary and appropriate steps to end the temporary surcharge I have today proclaimed.

Now, Therefore, I, Ronald Reagan, President of the United States of America, acting under authority vested in me by the Constitution and the statutes of the United States, including but not limited to Section 301(a), (b), and (d)(1) and Section 604 of the Act (19 U.S.C. 2411(a), (b), (d)(1); (2483), do proclaim that:

1. Subpart B of part 1 of Schedule 2 of the Tariff Schedules of the United States is modified, with respect to products of Canada imported into the United States by adding an additional duty of 15 percent ad valorem to those products listed in Appendix A to this Proclamation. These changes shall be effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after December 31, 1986.

2. The Secretary of Commerce is hereby authorized to terminate the temporary increase in the rates of duty on the articles subject to this Proclamation upon publication in the Federal Register of his determination that such termination is justified by actions taken by the Government of Canada with respect to this matter.

In Witness Whereof, I have hereunto set my hand this thirtieth day of December, in the year of our Lord nineteen hundred and eighty-six, and of the Independence of the United States of America the two hundred and eleventh.

RONALD REAGAN

[Filed with the Office of the Federal Register, 4:12 p.m., December 31, 1986]