Proclamation 5712

By the President of the United States of America A Proclamation

1. On September 15, 1987, the United States and the European Community (EC) entered into an agreement to resolve the long-standing dispute over EC exports of subsidized pasta products to the United States. I have now determined, pursuant to section 301 of the Trade Act of 1974, as amended (Act) (18 U.S.C. 2411), to take action necessary to implement the agreement. In accordance with the agreement, certain pasta articles the product of any member country of the EC, exported on or after October 1, 1987, will be denied entry into the customs territory of the United States unless accompanied by documentation establishing that such imports are receiving reduced refund payments from the EC or are benefitting solely from Inward Processing Relief from the EC.

2. Section 301(a) of the Act (19 U.S.C. 2411(a)) authorizes the President to take all appropriate and feasible action within his power to enforce the rights of the United States under any trade agreement, or to respond to any act, policy, or practice of a foreign country or instrumentality that is unjustifiable, unreasonable, or discriminatory and burdens or restricts U.S. commerce. Pursuant to section 301(a), such actions can be taken on a nondiscriminatory basis or solely against the foreign government or instrumentality involved. Section 301(d) of the Act (19 U.S.C. 2411(d)) authorizes the President to take action on his own motion and on an expedited basis if required.

3. I have decided, pursuant to section 301(a) and (d) of the Act, to direct the United States Trade Representative to take such actions as he deems necessary and appropriate to enforce the provisions of the agreement. The U.S. Customs Service shall exclude from entry, or withdrawal from warehouse for consumption, into the customs territory of the United States all shipments the product of any member country of the EC, exported on or after October 1, 1987, of macaroni, noodles, vermicelli, and similar alimentary pastes composed primarily of wheat, provided for in items 182.35 and 182.36 part 1513, schedule 1 of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202), unless accompanied by such documentation as is determined by the USTR to be necessary to ensure compliance with the agreement. The U.S. Customs Service shall collect and assemble such data as are necessary to monitor compliance with the agreement.

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 section 301(a) and (d) of the Trade Act of 1974, do proclaim that:

1. The U.S. Customs Service shall exclude from entry, or withdrawal from warehouse for consumption, into the customs territory of the United States all macaroni, noodles, vermicelli, and similar alimentary pastes composed primarily of wheat, provided for in items 182.35 and 182.36, part 15B, schedule 1 of the Tariff Schedules of the United States, the product of any member country of the European Community unless accompanied by such documentation as the United States Trade Representative determines necessary and appropriate to enforce the agreement.

2. The United States Trade Representative shall determine what actions are necessary to enforce the agreement and shall notify the U.S. Customs Service of the documentary requirements necessary to permit entry, or withdrawal from warehouse for consumption, into the customs territory of the United States of such pasta articles.

3. The U.S. Customs Service shall collect and assemble such data as are necessary to monitor compliance with the agreement.

4. This Proclamation shall be effective with respect to such pasta articles exported from the EC on or after October 1, 1987.

In Witness Whereof, I have hereunto set my hand this 30th day of September, in the year of our Lord nineteen hundred and eighty-seven, and of the Independence of the United States of America the two hundred and twelfth.

RONALD REAGAN

[Filed with the Office of the Federal Register, 8:50 a.m., October 1, 1987]