Proclamation 3073—Imposing Import Fees on Shelled and Prepared Almonds and on Shelled Filberts

1. Whereas, pursuant to section 22 of the Agricultural Adjustment Act, as added by section 31 of the Act of August 24, 1935, (49 Stat. 773), reenacted by section 1 of the Act of June 3, 1937, (50 Stat. 246), and amended by section 3 of the Act of July 3, 1948, (62 Stat. 1248), section 3 of the Act of June 28, 1950, (64 Stat. 261), and section 8 (b) of the Act of June 16, 1951, (65 Stat. 72) (7 U. S. C. 624), on April 13, 1950 the President caused the United States Tariff Commission to make an investigation to determine whether almonds, filberts, walnuts, Brazil nuts, or cashews are being or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, certain programs undertaken by the Department of Agriculture with respect to almonds, pecans, filberts, or walnuts, or to reduce substantially the amount of any product processed in the United States from almonds, pecans, filberts, or walnuts with respect to which any such program is being undertaken; and

2. Whereas the said Commission instituted such an investigation on April 13, 1950, which it has been conducting since that date on a continuing basis and in the course. of which it has from time to time reported to the President regarding the need for the imposition of restrictions pursuant to the said section 22 in order to prevent imports of almonds, filberts, walnuts, Brazil nuts, or cashews from rendering ineffective, or materially interfering with, the said programs, or from reducing substantially the amount of any product processed in the United States from almonds, pecans, filberts, or walnuts with respect to which any such program is being undertaken; and

3. Whereas Import fees on shelled almonds and blanched, roasted, or otherwise prepared or preserved almonds (not including almond paste) imposed pursuant to the President's proclamation of September 29, 1953 (Proclamation 3034; 18 F. R. 6345), which proclamation was issued under the authority of the said section 22, will cease to apply to such articles entered, or withdrawn from warehouse, for consumption after September 30, 1954; and

4. Whereas further in the course of the said investigation, on September 24, 1954, the said Commission reported to me its findings regarding the need for import restrictions under the said section 22 on certain tree nuts after September 30, 1954; and

5. Whereas, on the basis of such report of September 24, 1954, I find that shelled almonds, and blanched, roasted, or otherwise prepared or preserved almonds (not including almond paste), and shelled filberts, whether or not blanched, are practically certain to be imported into the United States during the period October 1, 1954, to September 30, 1955, both dates inclusive, under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the programs undertaken by the Department of Agriculture under the Agricultural Marketing Agreement Act of 1937, as amended, with respect to almonds and filberts, which programs will be in operation during such period; and

6. Whereas I find and declare that the imposition of the import fees hereinafter proclaimed is shown by such investigation of the Commission to be necessary in order that the entry of almonds and filberts described in the fifth recital of this proclamation will not render or tend to render ineffective, or materially interfere with, the said programs undertaken by the Department of Agriculture:

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 said section 22 of the Agricultural Adjustment Act, as amended, do hereby proclaim that a fee of 10 cents per pound, but not more than 50 per centum ad valorem, shall be imposed upon shelled almonds and blanched, roasted, or otherwise prepared or preserved almonds (not including almond paste) entered, or withdrawn from warehouse, for consumption during the period October 1, 1954, to September 30, 1955, both dates inclusive, in excess of an aggregate quantity of 5,000,000 pounds; and that a fee of 10 cents per pound, but not more than 50 per centum ad valorem, shall be imposed upon shelled filberts, whether or not blanched, entered, or withdrawn from warehouse, for consumption during the period October 1, 1954, to September 30, 1955, both dates inclusive, in excess of an aggregate quantity of 6,000,000 pounds. The said fees shall be in addition to any other duties imposed on the importation of such almonds and filberts.

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

DONE at the City of Washington this eleventh day of October in the year of our Lord nineteen hundred and fifty-four, and of the Independence of the United States of America the one hundred and seventy-ninth.

DWIGHT D. EISENHOWER

By the President:

HERBERT HOOVER, Jr.,

Acting Secretary of State