Proclamation 5759

By the President of the United States of America A Proclamation

1. I have determined, pursuant to section 301(a) of the Trade Act of 1974, as amended (the Act) (19 U.S.C. 2411), that the "Council Directive Prohibiting the Use in Livestock Farming of Certain Substances Having a Hormonal Action" (the Directive), adopted in December 1985 by the European Community (EC), is inconsistent with the provisions of, or otherwise denies benefits to the United States under, a trade agreement; or is unjustifiable or unreasonable and constitutes a burden or restriction on United States commerce. Unless European Community member states are allowed derogations to continue their present importation practices, the Directive will prohibit imports into the European Community of any meat produced from animals treated with growth hormones, effective January 1, 1988, thereby severely disrupting exports of United States meat to the European Community. The need for such a prohibition is not supported by valid scientific evidence. Accordingly, the United States considers that the Directive constitutes a disguised restriction on international trade.

2. Section 301(a)(1) of the Act (19 U.S.C. 2411(a)(1)) 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, and to respond to any act, policy, or practice of a foreign government or instrumentality that he determines is inconsistent with the provisions of, or otherwise denies benefits to the United States under, a trade agreement, or is unjustifiable, unreasonable, or discriminatory and burdens or restricts United States commerce. Section 301(b) of the Act (19 U.S.C. 2411(b)) 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 for such time as he determines appropriate. Pursuant to section 301(a)(2) of the Act (19 U.S.C. 2411(a)(2)), such actions can be taken on a nondiscriminatory basis or 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. I have decided, pursuant to subsections 301 (a), (b), and (d)(1) of the Act, to increase United States import duties on certain articles the product of the European Community, as described in the Tariff Schedules of the United States and set forth in Annex A to this Proclamation. In the event that the Tariff Schedules of the United States are superseded by the Harmonized Tariff Schedule of the United States, I have decided to increase United States import duties on the articles listed in Annex B that are the product of the European Community. I have further determined to suspend the application of increased duties so long as the European Community member states continue their present importation practices with respect to United States exports of relevant meat products.

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 subsections 301 (a), (b), and (d)(1) and section 604 of the Act (19 U.S.C. 2483), do proclaim that:

(1) Subpart B of part 2 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) is modified as set forth in Annex A to this Proclamation.

(2) In the event that the Tariff Schedules of the United States are superseded by the Harmonized Tariff Schedule of the United States, the latter shall be modified as set forth in Annex B to this Proclamation as of the effective date of that Schedule.

(3) The United States Trade Representative is authorized to suspend, modify, terminate, or terminate the suspension of the increased duties imposed by this Proclamation, upon publication in the Federal Register of his determination that such action is in the interest of the United States.

(4) This Proclamation, including the imposition of increased duties and their immediate suspension, shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 2, 1988.

In Witness Whereof, I have hereunto set my hand this 24th day of Dec., in the year of our Lord nineteen hundred and eightyseven, 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, 2:58 p.m., December 28, 1987]