Proclamation 3040—Supplementing Proclamations No. 2867 of December 22, 1949, and No. 2764 of January 1, 1948, Relating to Trade Agreements

1. Whereas, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 of the Tariff Act of 1930 as amended by section 1 of the act of June 12, 1934, by the joint resolution approved June 7, 1943, by sections 2 and 3 of the act of July 5, 1945 (ch. 474, 48 Stat. 943, ch. 118, 57 Stat. 125, ch. 269, 59 Stat. 410 and 411), and by sections 4 and 6 of the Trade Agreements Extension Act of 1949 (ch. 585, 63 Stat. 698), the period for the exercise of the said authority having been extended by section 3 of the Trade Agreements Extension Act of 1949 until the expiration of three years from June 12, 1948, on October 10, 1949 he entered into a trade agreement providing for the accession to the General Agreement on Tariffs and Trade (61 Stat. (pts. 5 and 6 A?, All and A2051) of the Governments of the Kingdom of Denmark, the Dominican Republic, the Republic of Finland, the Kingdom of Greece, the Republic of Haiti, the Republic of Italy, the Republic of Liberia, the Republic of Nicaragua, the Kingdom of Sweden, and the Oriental Republic of Uruguay, which trade agreement for accession consists of the Annecy Protocol of Terms of Accession to the General Agreement on Tariffs and Trade, dated October 10, 1949, including the annexes thereto (64 Stat. (pt. 3) B139);

2. Whereas, by Proclamation 2867 of December 22, 1949 (64 Stat. (pt. 2) A380), the President proclaimed such modifications of existing duties and the other import restrictions of the United States of America and such continuance of existing customs or excise treatment of articles imported into the United States of America as were then found to be required or appropriate to carry out the said trade agreement for accession on and after January 1, 1950, which proclamation has been supplemented by Proclamation No. 2874 of March 1, 1950, Proclamation No. 2884 ' of April 27, 1950, and Proclamation No. 2888 of May 13, 1950 (64 Stat. (pt. 2) A390, A399, and A405).

3. Whereas, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 of the Tariff Act of 1930 as amended by the acts specified in the first recital of this proclamation except the Trade Agreements Extension Act of 1949, the period for the exercise of Cle authority under the said section 350 having been extended by section 1 of the said Act of July 5, 1945 (ch. 269, 59 Stat. 410), until the expiration of three years from June 12, 1945, on October 30, 1947 he entered into an exclusive trade agreement with the Government of the Republic of Cuba (61 Stat. (pt. 4) 3699), which exclusive trade agreement includes certain portions of other documents made a part thereof and provides for the customs treatment in respect of ordinary customs duties of products of the Republic of Cuba imported into the United States of America;

4. Whereas, by Proclamation No. 2764 of January 1, 1948 (62 Stat. (pt. 2) 1465), the President proclaimed such modifications of existing duties and other import restrictions of the United States of America in respect of products of the Republic of Cuba and such continuance of existing customs and excise treatment of products of the Republic of Cuba imported into the United States of America as were then found to be required or appropriate to carry out the said exclusive trade agreement on and after January 1, 1948, which proclamation has been supplemented by the proclamations referred to in the fourth recital of the said proclamation of December 22, 1949 specified in the second recital of this proclamation, and by the said proclamations of December 22, 1949, March 1, 1950, April 27, 1950 and May 13, 1950, specified in the second recital of this proclamation;

5. Whereas the trade agreement for accession specified in the first recital of this proclamation, the date for the signature of which by the Government of the Oriental Republic of Uruguay was extended until December 31, 1953, has been signed by the said Government under such circumstances that it will enter into force for such Government, and such Government will become a contracting party to the said general agreement, on December 16, 1953;

6. Whereas I determine that the application of each of the concessions provided for in Part I of Schedule XX in Annex A of the said trade agreement for accession which were withheld from application in accordance with paragraph 4 of the said trade agreement for accession by the said proclamation of December 22, 1949, as are identified in the following list is required or appropriate to carry out, on and after December 16, 1953 the said trade agreement for accession:

7. Whereas serious problems which have developed in the cattle and beef situation in the United States since negotiation of the said trade agreement for accession render inappropriate the application to the products specified in items 705 and 706 in Part I of Schedule XX in Annex A of the said trade agreement for accession of rates of duty lower than those now applicable thereto;

8. Whereas I determine that, in view of the circumstances set forth in the seventh recital of this proclamation, it is required or appropriate, in order to carry out the said trade agreement for accession as fully as possible while such circumstances exist, that the provisions of Items 705 and 706 in Part I of Schedule XX in Annex A of the said trade agreement for accession, which were withheld from application in accordance with paragraph 4 of the said trade agreement for accession by the said proclamation of December 22, 1949, be applied as though they were stated as follows:

9. Whereas I determine that, in view of the determination set forth in the sixth recital of this proclamation, the deletion of Item 1530 (a) from the list set forth in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, is required or appropriate to carry out, on and after December 16, 1953, the said exclusive trade agreement specified in the third recital of this proclamation:

Now, Therefore, I, Dwight D. Eisenhower, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including the said section 350 of the Tariff Act of 1930, as amended, do proclaim as follows:

PART I

To the end that the said trade agreement for accession specified in the first recital of this proclamation may be carried out as fully as possible, the identification of each of the concessions provided for in Part I of the said Schedule XX in Annex A which is specified in the sixth or eighth recital of this proclamation shall, on and after December 16, 1953, be included in the list set forth in the ninth recital of the said proclamation of December 22, 1949, as supplemented; Provided, That, unless and until the President proclaims that the circumstances set forth in the seventh recital of this proclamation no longer exist, the provisions of Items 705 and 706 in the said Part I shall be applied as though they were stated in the manner set forth in the eighth recital of this proclamation.

PART II

To the end that the said exclusive trade agreement specified in the third recital of this proclamation may be carried out, the list set forth in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, shall, on and after December 16, 1953, be further amended by deleting therefrom Item 1530 (a) referred to in the ninth recital of this proclamation.

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 24th day of December, in the year of our Lord nineteen hundred and fifty-three, and of the Independence of the United States of America the one hundred and seventy-eighth.

DWIGHT D. EISENHOWER

By the President:

JOHN FOSTER DULLES,

Secretary of State