Proclamation 5759 --
Increasing the Rates of Duty on Certain Products of the European Community
By
the President of the
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
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Schedules of the United States are superseded by the Harmonized Tariff Schedule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
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
(2)
In the event that the Tariff Schedules of the
(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
(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
In
Witness Whereof, I have hereunto set my hand this 24th day of Dec., in the year
of our Lord nineteen hundred and eighty-seven, and of the
Ronald
Reagan
[Filed with the Office
of the Federal Register,
Note: The annexes to the
proclamation were printed in the ``Federal Register'' of December 30.