Letter to the Chairman of the International Trade Commission on Imports of Dry Milk Mixtures.

[Dated March 26, 1976. Released March 29, 1976]

Dear Mr. Chairman:

Pursuant to Section 22 of the Agricultural Adjustment Act, as amended, I have been advised by the Secretary of Agriculture, and I agree with him, that there is reason to believe that mixtures of dried milk and other ingredients are being and are practically certain to be imported under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price support program for milk undertaken by the Department of Agriculture, or to reduce substantially the amount of products processed in the United States from domestic milk.

Specifically, reference is made to the following mixtures:

Dried milk (described in items 115.45, 115.50, 115.55, and 118.05) which contains not over 5.5 percent by weight of butterfat and which is mixed with other ingredients, including but not limited to sugar, if such mixtures are capable of being further processed or mixed with similar or other ingredients and are not prepared for marketing to the retail consumers in the identical form and package in which imported; all the foregoing mixtures wherever classified under the Tariff Schedules of the United States.

The Secretary has also advised me, pursuant to Section 22(b) of the Agricultural Adjustment Act, as amended, that a condition exists requiring emergency treatment with respect to these mixtures and has, therefore, recommended that I take immediate action under Section 22(b) to restrict the quantity of the aforementioned mixtures, which may be entered. It is my intention promptly to issue a proclamation [4423] establishing a quota of zero pounds for the aforementioned mixtures, such quota to continue in effect pending Presidential action upon receipt of the report and recommendation of the United States International Trade Commission with respect thereto.

The United States International Trade Commission is therefore directed to make an immediate investigation under Section 22 of the Agricultural Adjustment Act, as amended, to determine whether the above-described mixtures are being, or are practically certain to be, imported under such conditions and in such quantities as to render or tend to render ineffective or materially interfere with the price support program now conducted by the Department of Agriculture for milk, or to reduce substantially the amount of products processed in the United States from domestic milk, and to report its findings and recommendations to me at the earliest practicable date.

The Secretary of Agriculture has further advised me that the monetary limitation in headnote 2(b) of Part 3 of the Appendix to the Tariff Schedules of the United States for the exclusion from the quota restrictions provided for in Part 3 of articles (except cotton and cotton waste) with an aggregate value of not over $10 in any shipment, if imported as samples for taking orders, for the personal use of the importer, or for research, is no longer a realistic figure. This limitation was originally established by Presidential Proclamation No. 3025 of June 30, 1953. The Secretary has recommended that an adjustment of this limitation be made, and that the authority for making such an adjustment and any further adjustments which may become necessary in the future be vested in the Secretary of Agriculture. The Commission is therefore further directed to advise me with respect to this recommendation, including the amounts of any increases deemed appropriate at the present time.

Sincerely,

GERALD R. FORD

[The Honorable Will E. Leonard, Chairman, United States International Trade Commission, Washington, D.C. 20436]