Proclamation 5718 -- Implementation of an Orderly Marketing Agreement on Ammonium Paratungstate and Tungstic Acid
the President of the
On June 5, 1987, the United States International Trade Commission (USITC)
reported to the President the results of its investigation under section 406 of
the Trade Act of 1974 (19 U.S.C. 2436) (the Trade Act) with respect to imports
from the People's Republic of China (the PRC) of ammonium paratungstate
(APT) and tungstic acid provided for in items 417.40
and 416.40, respectively, of the Tariff Schedules of the United States (TSUS)
(19 U.S.C. 1202). The USITC determined that market disruption within the
meaning of section 406 of the Trade Act exists with respect to imports from the
PRC of APT and tungstic acid. To remedy this market
disruption, the USITC recommended that, for the next 5 years, the combined
volume of imports of APT and tungstic acid from the
PRC be limited to the larger of 1.116 million pounds
of tungsten content per year or 7.5 percent of
2. On August 5, 1987, pursuant to sections 406, 202, and 203 of the Act (19 U.S.C. 2436, 2252, and 2253), 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 provide import relief for the domestic industry in the form of a negotiated orderly marketing agreement. To this end, I directed the United States Trade Representative (the USTR) to negotiate and conclude an orderly marketing agreement with the PRC and to report the results of such negotiations to me within 50 days.
3. Section 406(b)(2) of the Trade Act (19 U.S.C. 2436(b)(2)) requires that if import relief consists of, or includes, an orderly marketing agreement, then such agreement shall be entered into within 60 days after a presidential determination to provide relief.
4. Pursuant to the authority vested in the President by the Constitution and the statutes of the United States, including section 203(a)(4) of the Trade Act (19 U.S.C. 2253(a)(4)), an agreement for orderly trade was signed on September 28, 1987, between the Government of the United States of America and the Government of the People's Republic of China limiting the export from the PRC, and the import into the United States, of APT and tungstic acid provided for in items 417.40 and 416.40, respectively, of the TSUS.
Pursuant to section 203(k)(1) of the Trade Act (19
U.S.C. 2253(k) (1)), I have considered the relation of such action to the
international obligations of the
6. 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 permits the importation into the United States of a quantity or value of articles that is not less than the average annual quantity or value of such articles imported into the United States from the PRC in the 1982 - 1984 period, 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, 406, and 604 of the Trade Act (19 U.S.C. 2253, 2436, and 2483), section 332 of the Tariff Act of 1930, and section 301 of title 3, United States Code, do proclaim that --
An orderly marketing agreement was entered into on
(2) Subpart A, part 2 of the Appendix to the TSUS is modified as set forth in the Annex to this Proclamation.
(3) The President's authority under section 203(e)(3) of the Trade Act (19 U.S.C. 2253(e)(3)) to determine that the agreement is no longer effective is hereby delegated to the USTR. In the event of such a determination, the USTR shall prepare such Federal Register notice as may be appropriate to implement import relief authorized by section 203(e)(3) of the Trade Act.
(4) The USTR shall take such actions and perform such functions for the United States as may be necessary concerning the administration, implementation, modification, amendment or termination of the agreement described in paragraph (1) of this Proclamation, and any action that may be subsequently required to implement paragraph (3) of this Proclamation. In carrying out his responsibilities under this paragraph, the USTR is authorized to direct and delegate to appropriate officials or agencies of the United States, authority to perform any functions necessary for the administration and implementation of the agreement, or in the event he determines the agreement to be no longer effective, such further action as he deems necessary and appropriate consistent with this Proclamation. The USTR is authorized to make any changes in part 2 of the Appendix to the TSUS that may be necessary to carry out the agreement or such other action as may be required should he determine the agreement to be no longer effective. Any such changes in the agreement shall be effective after their publication in the Federal Register.
(5) The U.S. Customs Service shall take such actions as the USTR shall determine are necessary to carry out the agreement described in paragraph (1) of this Proclamation, or to implement any import relief implemented pursuant to paragraphs (3) and (4) of this Proclamation, or any modification thereof, with respect to the entry, or withdrawal from warehouse for consumption, into the United States of products covered by such agreement or by such other import relief.
(6) The U.S. Customs Service shall collect and assemble such data as are necessary to monitor compliance with the agreement. Such data shall include import statistics with respect to tungsten oxide, provided for in item 422.42, part 2C, schedule 4 of the TSUSA, as well as data for APT and tungstic acid.
Witness Whereof, I have hereunto set my hand this 2nd day of October, in the
year of our Lord nineteen hundred and eighty-seven, and of the
[Filed with the Office
of the Federal Register, ,