Proclamation 5074 -- Temporary Duty Increases and Quantitative Limitations on the Importation Into the United States of Certain Stainless Steel and Alloy Tool Steel

July 19, 1983

By the President of the United States

of America

A Proclamation

1. Pursuant to section 201(d)(1) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2251(d)(1)), the United States International Trade Commission (USITC) on May 6, 1983, reported to the President the results of its Investigation No. TA - 201 - 48 under section 201(b) of the Trade Act (19 U.S.C. 2251(b)). The USITC determined that certain bars; wire rods; and plates, sheets, and strip, not cut, not pressed, and not stamped to nonrectangular shape; all the foregoing of stainless steel or certain alloy tool steel; and round wire of high speed tool steel; provided for in items 606.90, 606.93, 606.94, 606.95, 607.26, 607.28, 607.34, 607.43, 607.46, 607.54, 607.72, 607.76, 607.88, 607.90, 608.26, 608.29, 608.34, 608.43, 608.49, 608.57, 608.64, and 609.45 of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202), are being imported into the United States in such increased quantities as to be a substantial cause of serious injury to the domestic industries producing articles like or directly competitive with the imported articles. The USITC recommended the imposition of quantitative restrictions on imports of articles classified in the above TSUS items with exemptions for certain articles which are not produced in the United States or are produced in such small quantities that their exemption would not have an adverse impact on the domestic industry.

2. On July 5, 1983, pursuant to section 202(b)(1) of the Trade Act (19 U.S.C. 2252(b)(1)), and after taking into account the considerations specified in section 202(c) of the Trade Act (19 U.S.C. 2252(c)), I determined to impose additional tariffs and quantitative restrictions, with exemptions for certain articles which are not produced in the United States or are produced in such small quantities that their exemption would not have an adverse impact on the domestic industry. On July 5, 1983, in accordance with section 203(b)(1) of the Trade Act (19 U.S.C. 2253(b)(1)), I transmitted a report to the Congress setting forth my determination and intention to proclaim these additional tariffs and quotas, and stating the reasons why my decision differed from the action recommended by the USITC.

3. Section 203(e)(1) of the Trade Act (19 U.S.C. 2253(e)(1)) requires that import relief be proclaimed and take effect within 15 days after the import relief determination date.

4. Pursuant to sections 203(a)(1), 203(a)(3), and 203(e)(1) of the Trade Act (19 U.S.C. 2253(a)(1), 2253(a)(3), and 2253(e)(1)), I am providing import relief through the temporary imposition of increased tariffs and quantitative restrictions on certain stainless steel and alloy tool steel, as hereinafter proclaimed.

5. In accordance with section 203(d)(2) of the Trade Act (19 U.S.C. 2253(d)(2)), I have determined that the level of import relief hereinafter proclaimed pursuant to section 203(a)(3) of the Trade Act (19 U.S.C. 2253(a)(3)) permits the importation into the United States of a quantity of articles which is not less than the average annual quantity of such articles imported into the United States in the 1972 - 1982 period, exclusive of 1975 and 1982, which I have determined to be the most recent representative period for imports of such articles.

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 sections 203 and 604 of the Trade Act (19 U.S.C. 2253 and 2483), and in accordance with Article XIX of the General Agreement on Tariffs and Trade (GATT) (61 Stat. (pt. 5) A58; 8 UST (pt. 2) 1786), do proclaim that --

(1) Part I of Schedule XX of the GATT is modified to conform to the action taken in the Annex to this proclamation.

(2) Subpart A, part 2 of the Appendix to the TSUS is modified as set forth in the Annex to this proclamation.

(3) The United States Trade Representative (USTR) is hereby directed to take such actions and perform such functions for the United States as may be necessary to administer and implement the relief set forth in the Annex hereto, including the allocation of quota quantities on a country-by-country basis; to negotiate orderly marketing agreements pursuant to section 203 of the Trade Act (19 U.S.C. 2253); and to modify, pursuant to section 203, the relief set forth in the Annex hereto. In order to carry out said directive, the USTR is hereby authorized to delegate to appropriate officials or agencies of the United States authority to perform any functions necessary for the implementation and administration of said relief. The USTR is hereby authorized to make any changes in the headnote or TSUS items created in the Annex hereto which may be necessary to implement the foregoing authority, such changes to be effective on or after the date of their publication in the Federal Register or such other date as may be specified therein.

(4) The President's authority in sections 203(g) (1) and (2) of the Trade Act (19 U.S.C. 2253(g) (1) and (2)) to prescribe regulations providing for the efficient and fair administration of any restriction herein proclaimed or governing the entry or withdrawal from warehouse of articles covered by any orderly marketing agreement negotiated hereunder or of like articles which are the product of countries not parties to any such agreement, has been delegated to the Secretary of the Treasury pursuant to section 5(b) of Executive Order No. 11846, as amended. Such authority shall be exercised by the Secretary of the Treasury, upon direction by the USTR, in consultation with representatives of the member agencies of the Trade Policy Staff Committee.

(5) The USTR is directed to conduct an annual review of the necessity for and effectiveness of such relief and recommend to the President any appropriate action under section 203(h)(4) of the Trade Act (19 U.S.C. 2253(h)(4)), and to set up such interagency bodies as may be necessary to monitor the progress toward adjustment of the domestic industry.

(6) The Secretary of the Treasury shall take such actions, not otherwise in contravention of law or in derogation of the authority of the Secretary, as the USTR shall determine are necessary to implement any import relief under this proclamation, or modifications thereof.

(7) This proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after July 20, 1983, and before the close of July 19, 1987, unless the period of its effectiveness is earlier expressly modified or terminated.

In Witness Whereof, I have hereunto set my hand this 19th. day of July, in the year of our Lord nineteen hundred and eighty-three, and of the Independence of the United States of America the two hundred and eighth.

Ronald Reagan

[Filed with the Office of the Federal Register, 11:19 a.m., July 20, 1983]

Note: The annex is printed in the Federal Register of July 21, 1983.