Proclamation 3696—Termination of Increased Duty on Imports of Clinical Thermometers

1. Whereas, pursuant to Section 350 of the Tariff Act of 1930, the President, on April 21, 1951, entered into, and by Proclamation No. 2929 of June 2, 1951 (65 Stat. c 1 2), proclaimed the Torquay Protocol to the General Agreement on Tariffs and Trade, including a concession applicable to certain types of clinical thermometers provided for in item 218(a) in Part Ito Schedule XX of the Torquay Protocol (3 U.S.T. (pt. 1) 1144) ;

2. Whereas, pursuant to Section 7 of the Trade Agreements Extension Act of 1951, and in accordance with the provisions of Article XIX of the General Agreement on Tariffs and Trade (61 Stat. (pt. 5) A58; 8 U.S.T. (pt. 2) 1786), the President by Proclamation No. 3235 of April 21, 1958 (72 Stat. (pt. 2) c35), proclaimed that, effective after the close of business on May 21, 1958, and until the President otherwise proclaimed, the concession with respect to the types of clinical thermometers identified in the first recital of this proclamation should be withdrawn, thereby increasing the rate of duty with respect to such articles;

3. Whereas, after compliance with the requirements of Section 102 of the Tariff Classification Act of 1962 (76 Stat. 73), the President by Proclamation No. 3548 of August 21, 1963 (77 Stat. 1017), proclaimed, effective on and after August 31, 1963, the Tariff Schedules of the United States, which reflected, with modifications, and, in effect, superseded (1) the provisions of Proclamation No. 2929 insofar as that proclamation proclaimed the concession with respect to the types of clinical thermometers identified in the first recital of this proclamation (see item 711.35 of the Tariff Schedules of the United States), and (2) the provisions of Proclamation No. 3235 (see item 930.00 of the Appendix to the Tariff Schedules of the United States) ;

4. Whereas, following my request under Section 351(d) (2) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(d) (2)), the United States Tariff Commission conducted an investigation, including a hearing, pursuant to Section 351(d) 351(d)(5) of that Act (19 U.S.C. 1981 (d) (5)), and on May 27, 1965, submitted to me a report (30 F.R. 7306) advising me of its judgment as to the probable economic effect on the domestic industry concerned of the reduction or termination of the increased rate of duty effected by Proclamation No. 3235 (now reflected, with modifications, in item 930.00 of the Appendix to the Tariff Schedules of the United States) ;

5. Whereas, in relation to the possible reduction or termination of such increased rate of duty, I have received and taken into account the advice from the Tariff Commission, advice of the Secretary of Commerce and the Secretary of Labor in accordance with Section 351(c) (1) (A) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(c) (1) (A)), recommendations of the Special Representative for Trade Negotiations in accordance with Sections 3 (b), 3 (j), and 5 (c) of Executive Order No. 11075 of January 15, 1963 (48 CFR 1.3 (b), 1.3 (j), and 1.5 (c)), and advice of other interested agencies of the Government; and

6. Whereas, in accordance with Section 351(c) (1) (A) of the Trade Expansion Act of 1962, I have determined that the termination, as herein proclaimed, of the increased rate of duty effected by Proclamation No. 3235 (now reflected, with modifications, in item 930.00 of the Appendix to the Tariff Schedules of the United States) is in the national interest:

Now, Therefore, I, Lyndon B. Johnson, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including Section 351 (c) (1) (A) of the Trade Expansion Act of 1962, and in accordance with the provisions of Article XIX of the General Agreement on Tariffs and Trade, do proclaim that:

(1) Proclamation No. 3235 is terminated.

(2) Item 930.00 (reflecting, with modifications, Proclamation No. 3235 which effected the increased rate of duty) is deleted from the Appendix to the Tariff Schedules of the United States.

(3) The concession with respect to the types of clinical thermometers identified in the first recital of this proclamation shall be applied to such of those articles as are entered, or withdrawn from warehouse, for consumption on or after the date of this proclamation, in accordance with the provisions of item 711.35 of the Tariff Schedules of the United States.

In Witness Whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this seventh day of January in the year of our Lord nineteen hundred and sixty-six, and of the Independence of the United States of America the one hundred and ninetieth.

LYNDON B. JOHNSON

By the President:

Secretary of State