Proclamation 5104 -- Modification of Country Allocations of Quotas on Certain Sugars, Sirups and Molasses

September 23, 1983

By the President of the United States

of America

A Proclamation

1. Headnote 2 of subpart A, part 10, schedule 1 of the Tariff Schedules of the United States (19 U.S.C. 1202), hereinafter referred to as the ``TSUS'', provides in relevant part as follows:

``(i) . . . if the President finds that a particular rate not lower than such January 1, 1968, rate, limited by a particular quota, may be established for any articles provided for in items 155.20 or 155.30, which will give due consideration to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade, he shall proclaim such particular rate and such quota limitation, . . .''

``(ii) . . . any rate and quota limitation so established shall be modified if the President finds and proclaims that such modification is required or appropriate to give effect to the above considerations; . . .''

2. Headnote 2 was added to the TSUS by Proclamation 3822 of December 16, 1967 (82 Stat. 1455) to carry out a provision in the Geneva (1967) Protocol of the General Agreement on Tariffs and Trade (Note 1 of Unit A, Chapter 10, Part I of Schedule XX; 19 U.S.T., Part II, 1282). The Geneva Protocol is a trade agreement that was entered into and proclaimed pursuant to section 201(a) of the Trade Expansion Act of 1962 (19 U.S.C. 1821(a)). Section 201(a) of the Trade Expansion Act authorizes the President to proclaim the modification or continuance of any existing duty or other import restriction or such additional import restrictions as he determines to be required or appropriate to carry out any trade agreement entered into under the authority of that Act.

3. By Proclamation 4941 of May 5, 1982 (47 F.R. 19661), I modified the quantitative limitations on the importation into the United States of certain sugars, sirups and molasses established in headnote 3 pursuant to the authority in headnote 2 and provided for a country-by-country allocation of the quota quantity established therein.

4. I find the additional modifications of the quantitative limitations which are hereinafter proclaimed are appropriate to carry out the trade agreement described in paragraph 2 of this Proclamation and the International Sugar Agreement, 1977 (31 U.S.T. 5135), and give due consideration to the interests in the United States sugar market of domestic producers and materially affected contracting parties to the General Agreement on Tariffs and Trade.

Now, Therefore, I, Ronald Reagan, President of the United States of America, by the authority vested in me by the Constitution and Statutes of the United States, including section 201 of the Trade Expansion Act of 1962, Section 301 of Title 3 of the United States Code, the International Sugar Agreement, 1977, Implementation Act (7 U.S.C. 3601 et seq.), and notwithstanding Executive Order 12224, and in conformity with headnote 2 of subpart A, part 10, schedule 1 of the TSUS, do hereby proclaim until otherwise superseded:

A. Notwithstanding the provisions of Proclamation 4941, as amended, paragraph (c)(i) of headnote 3 of subpart A, part 10, schedule 1 of the TSUS is modified by designating the note at the end of the table ``NOTE 1'' and by adding the following new note:

``NOTE 2: Beginning with the quota year beginning September 26, 1983, the quota allocations for Nicaragua, Costa Rica, El Salvador and Honduras shall be as follows:

Nicaragua. -- 6,000 short tons, raw value;

El Salvador. -- 2.6 percent of the total base quota amount permitted to be imported under paragraphs (a) and (b) of this headnote plus 18 percent of the difference between 2.1 percent of the total base quota amount and 6,000 short tons, raw value;

Honduras. -- 1.0 percent of the total base quota amount plus 52 percent of the difference between 2.1 percent of the total base quota amount and 6,000 short tons, raw value;

Costa Rica. -- 1.5 percent of the total base quota amount plus 30 percent of the difference between 2.1 percent of the total base quota amount and 6,000 short tons, raw value''.

B. The provisions of this Proclamation shall be effective for sugars, sirups, and molasses, entered or withdrawn from warehouse for consumption, on or after September 26, 1983.

In Witness Whereof, I have hereunto set my hand this twenty-third day of September, 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 a.m., September 26, 1983]