Proclamation 3140—Carrying Out the Sixth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade and for Other Purposes

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 (48 Stat. (pt. 1) 943, ch. 474, 57 Stat. (pt. 1) 125, ch. 118, 59 Stat. (pt. 1) 410, ch. 269), on October 30, 1947, he entered into a trade agreement with certain foreign countries, which trade agreement consists of the General Agreement on Tariffs and Trade (hereinafter referred to as "the General Agreement"), including a schedule of United States concessions (hereinafter referred to as "Schedule XX (Geneva-1947)", and the Protocol of Provisional Application of the General Agreement on Tariffs and Trade, together with a Final Act (61 Stat. (pts. 5 and 6) A7, All, and A2050);

2. Whereas the trade agreement specified in the first recital of this proclamation has been supplemented by several subsequent agreements, including:

(a) The Protocol Modifying Part I and Article XI= of the General Agreement on Tariffs and Trade, of September 14, 1948, (3 UST (pt. 4) 5355),

(b) The Annecy Protocol of Terms of Accession to the General Agreement on Tariffs and Trade, of October 10, 1949, (64 Stat. (pt. 3) B139), including a supplemental schedule of United States concessions (hereinafter referred to as "Schedule XX (Annecy-1949) "),

(c) The Torquay Protocol to the General Agreement on Tariffs and Trade, of April 21, 1951, (3 UST (pts. 1 and 2) 615 and 1841), including a supplemental schedule of United States concessions (hereinafter referred to as "Schedule XX (Torquay-1951) "),

(d) The Declaration on the Continued Application of Schedules to the General Agreement on Tariffs and Trade, of March 10, 1955, (TIAS 3437), and

(e) The Protocol of Terms of Accession of Japan to the General Agreement on Tariffs and Trade, of June 7, 1955, (TIAS 3438), including a supplemental schedule of United States concessions;

3. Whereas by the following proclamations the President has proclaimed such modifications of existing duties and other import restrictions of the United States, or such continuance of existing customs or excise treatment of articles imported into the United States as were found to be required or appropriate to carry out the trade agreement specified in the first recital of this proclamation or agreements supplemental thereto, or has terminated in whole or in part proclamations specified in this recital:

Proclamation 2761A, of December 16, 1947, (61 Stat. (pt. 2) 1103), Proclamation 2769, of January 30, 1948, (62 Stat. (pt. 2) 1479), Proclamation 2782, of April 22, 1948, (62 Stat. (pt. 2) 1500), Proclamation 2784, of May 4, 1948, (62 Stat. (pt. 2) 1505), Proclamation 2790, of June 11, 1948, (62 Stat. (pt. 2) 1515), Proclamation 2791, of June 12, 1948, (62 Stat. (pt. 2) 1519), Proclamation 2792, of June 25, 1948, (62 Stat. (pt. 2) 1520), Proclamation 2798, of July 15, 1948, (62 Stat. (pt. 2) 1528), Proclamation 2809, of September 7, 1948, (62 Stat. (pt. 2) 1553), Proclamation 2829, of March 8, 1949, (63 Stat. (pt. 1) 1261), Proclamation 2865, of November 30, 1949, (64 Stat. (pt. 2) A376), Proclamation 2867, of December 22, 1949, (64 Stat. (pt. 2) A380), Proclamation 2874, of March 1, 1950, (64 Stat. (pt. 2) A390), Proclamation 2884, of April 27, 1950, (64 Stat. (pt. 2) A399), Proclamation 2888, of May 13, 1950, (64 Stat. (pt. 2) A405), Proclamation 2895, of June 17, 1950, (64 Stat. (pt. 2) A416), Proclamation 2901, of September 6, 1950, (64 Stat. (pt. 2) A427), Proclamation 2908, of October 12, 1950, (64 Stat. (pt. 2) A443), Proclamation 2912, of October 30, 1950, (64 Stat. (pt. 2) A450), Proclamation 2916, of December 29, 1950, (64 Stat. (pt. 2) A456), Proclamation 2929, of June 2, 1951, (65 Stat. C12), Proclamation 2935, of August 1, 1951, (65 Stat. C25), Proclamation 2949, of October 19, 1951, (65 Stat. C44), Proclamation 2954, of November 26, 1951, (66 Stat. C6), Proclamation 2959, of January 5, 1952, (66 Stat. C15), Proclamation 2960, of January 5, 1952, (66 Stat. C16), Proclamation 2986, of August 16, 1952, (67 Stat. C7), Proclamation 3007, of March 2, 1953, (67 Stat. C35), Proclamation 3040, of December 24, 1953, (68 Stat. (pt. 2) C26), Proclamation 3059, of June 30, 1954, (68 Stat. (pt. 2) C44), Proclamation 3100, of June 29, 1955, (69 Stat. C38), Proclamation 3105, of July 22, 1955, (69 Stat. C44), Proclamation 3108, of August 18, 1955, (3 CFR, 1955 Supp., p. 42), and Proclamation 3128, of March 16, 1956, (21 F. R. 1793);

4. Whereas I have found as a fact that certain existing duties and other import restrictions of the United States of America and of Australia, the Republic of Austria, the Kingdom of Belgium, Canada, the Republic of Chile, the Republic of Cuba, the Kingdom of Denmark, the Dominican Republic, the Republic of Finland, the French Republic, the Federal Republic of Germany, the Republic of Haiti, the Republic of Italy, Japan, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Kingdom of Norway, Peru, the Kingdom of Sweden, the Republic of Turkey, and the United Kingdom of Great Britain and Northern Ireland, all being contracting parties to the General Agreement, are unduly burdening and restricting the foreign trade of the United States of America and that the purposes declared in section 350 of the Tariff Act of 1930, as amended, will be promoted by a trade agreement between the Government of the United States of America and the Governments of some or all of the other countries referred to in this recital;

5. Whereas, pursuant to section 3 (a) of the Trade Agreements Extension Act of 1951 (65 Stat. 72, ch. 141), I transmitted to the United States Tariff Commission for investigation and report lists of all articles imported into the United States of America to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment in the trade agreement negotiations with the governments of the foreign countries referred to in the fourth recital of this proclamation, and the Tariff Commission made an investigation in accordance with section 3 of the said Trade Agreements Extension Act and thereafter reported to me its determinations made pursuant to the said section within the time period specified in the said section 3;

6. Whereas reasonable public notice of the intention to conduct trade agreement negotiations was given, the views presented by persons interested in such negotiations were received and considered, and information and advice with respect to such negotiations were sought and obtained from the Departments of State, Agriculture, Commerce, and Defense, and from other sources;

7. Whereas, the period for the exercise of the authority of the President to enter into foreign trade agreements under section 350 of the Tariff Act of 1930, as amended, having been extended by section 2 of the Trade Agreements Extension Act of 1955 (69 Stat. 162, ch. 169) from June 12, 1955, until the close of June 30, 1958, on May 23, 1956, as a result of the finding specified in the fourth recital of this proclamation, I entered, through my duly empowered plenipotentiary, into a trade agreement providing for the application of the relevant provisions of the General Agreement to additional schedules of tariff concessions relating to the countries named in the said fourth recital of this proclamation, which trade agreement consists of the Sixth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade, dated May 23, 1956, including the Annex thereto containing a supplemental schedule of United States concessions (hereinafter referred to as "Schedule XX (Geneva-1956) "), and which trade agreement is authentic in the English and French languages as indicated therein, and a copy of which in the English language is annexed to this proclamation;

8. Whereas, the Protocol of Supplementary Concessions specified in the seventh recital of this proclamation having been signed on behalf of the Government of the United States of America on May 23, 1956, and the notification of the intention to apply the concessions provided for in Schedule XX (Geneva-1956) having been given on May 31, 1956, to the Executive Secretary to the Contracting Parties to the General Agreement pursuant to paragraph 2 of the said Protocol of Supplementary Concessions, the said Schedule XX (Geneva-1956) will become a schedule to the said General Agreement relating to the United States of America on June 30, 1956, and the concessions provided for in the said Schedule XX (Geneva-1956) shall then enter into force as specified therein;

9. Whereas, under the authority of subsection (a) (3) (D) of section 350 of the Tariff Act of 1930, as amended, and of subsection (b) (2) thereof by reference to that subsection, I have determined, in the case of those modifications of existing duties proclaimed in Parts I (a) and II (a) of this proclamation which reflect decreases in duties exceeding the limitations specified in subsection (a) (2) (D) or (a) (3) (B) of the said section 350, or in subsection (b) (2) thereof by reference to those subsections, that such decreases will simplify the computation of the amount of duty imposed with respect to the articles concerned;

10. Whereas I have made the determinations regarding the ad valorem equivalent of specific rates of duty (and combinations of rates including a specific rate) and regarding representative periods, under the authority of subsection (a) (2) (D) (ii) of section 350 of the Tariff Act of 1930, as amended, and of subsections (a) (3) (D) and (b) (2) thereof by reference, directly or indirectly, to the said subsection (a) (2) (D) (ii), in the case of each modification of existing duties proclaimed in this proclamation for which such a determination was relevant, using, to the maximum extent practicable, the standards of valuation contained in section 402 of the said Tariff Act of 1930;

11. Whereas I find that each modification of existing duties and other import restrictions of the United States of America and each continuance of existing customs or excise treatment of articles imported into the United States of America which is proclaimed in Part I (a) of this proclamation will be required or appropriate, on and after the date specified in the said Part, to carry out the trade agreement specified in the seventh recital of this proclamation;

12. 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 in the manner referred to in the first recital of this proclamation, 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 treatment in respect of ordinary customs duties of products of the Republic of Cuba imported into the United States of America;

13. Whereas by the following proclamations the President has proclaimed, in respect of products of the Republic of Cuba, such modifications of existing duties and other import restrictions of the United States, or such additional import restrictions of the United States, or such continuance of existing customs or excise treatment of articles imported into the United States as were found to be required or appropriate to carry out the exclusive trade agreement specified in the twelfth recital of this proclamation, or has terminated in whole or in part proclamations specified. in this recital:

Proclamation 2764, of January 1, 1948, (62 Stat. (pt. 2) 1465), Proclamation 2946, of October 4, 1951, (65 Stat. C39), Proclamation 3099, of June 25, 1955, (69 Stat. C36), and the proclamations of January 30, 1948, April 22, 1948, May 4, 1948, June 11, 1948, June 25, 1948, July 15, 1948, March 8, 1949, November 30, 1949, December 22, 1949, March 1, 1950, April 27, 1950, May 13, 1950, September 6, 1950, October 12, 1950, June 2, 1951, December 24, 1953, and July 22, 1955, specified in the third recital of this proclamation;

14. Whereas Part II of Schedule XX (Geneva-1947), which was made a part of the exclusive trade agreement specified in the twelfth recital of this proclamation, is supplemented by Part II of the Schedule XX (Geneva-1956), and I determine that it is required or appropriate, on and after the date specified in Part II (a) of this proclamation, to carry out the said exclusive trade agreement that Part II of the said Schedule XX (Geneva-1947) be applied as supplemented by the said Part II of Schedule XX (Geneva-1956);

15. Whereas I determine that, in view of the finding set forth in the eleventh recital of this proclamation, it will not be required or appropriate to carry out the exclusive trade agreement specified in the twelfth recital of this proclamation on and after June 30, 1956, to include the items identified below in this recital in the list set forth in the sixteenth recital of the proclamation of July 22, 1955, specified in the third recital of this proclamation:

Items in the 16th recital of the Proclamation of July 22, 1955 to be deleted effective June 30, 1956

16. Whereas, in view of the amendment of Article I of the General Agreement by section A (iii) of paragraph 1 of the Protocol Modifying Part I and Article X= of the said General Agreement specified in the second recital of this proclamation, of the inclusion of certain products in Part I of Schedule XX (Torquay-1951) and in Part I of Schedule XX (Geneva-1956), and of the inclusion of item 774 in Part II of Schedule XX (Geneva-1956), it is required or appropriate that, effective June 30, 1956, the references to Article I of the said General Agreement in the sixth and seventh recitals of the proclamation of January 30, 1948, specified in the third recital of this proclamation be amended to refer to the fourth instead of the third paragraph of the said Article I, and that the list set forth in the seventh recital of the said proclamation of January 30. 1948, as amended, be further amended to read as follows:

17. Whereas, agreement for such withdrawal and modifications having been reached pursuant to Article XXVIII of the General Agreement, and pursuant to the procedures provided for in paragraph 1 (b) of the Declaration on the Continued Application of the Schedules to the said General Agreement specified in the second recital of this proclamation, I determine that it is required or appropriate to carry out the trade agreement specified in the first recital of this proclamation that Part I of Schedule XX (Annecy-1949) be applied as though item 502 [first] were withdrawn therefrom, and that the value-bracket subclassifications preceding the subclassification for articles valued at more than $30 per dozen in item 1526 (a) in Part I of Schedule XX (Geneva-1947), item 502 [first] in Part II of the said Schedule XX (Geneva-1947), and item 502 in Part I of Schedule XX (Torquay-1951) be applied as though the said subclassifcations and items read as follows:

18. Whereas I determine that, upon the effectiveness of the modification of the concession provided for in item 1526 (a) in Part I of Schedule XX (Geneva-1947) set forth in the seventeenth recital of this proclamation, the termination of the proclamation of December 16, 1947 specified in the third recital of this proclamation insofar as it related to a part of the said item 1526 (a), by the proclamation of October 30, 1950, specified in the said third recital of this Proclamation, will no longer be in the public interest;

19. AND Whereas the following item was inadvertently omitted from the list set forth in the sixteenth recital of the proclamation of July 22, 1955, specified in the third recital of this proclamation, and I determine that the addition of the said item to the said list in its correct numerical order is required or appropriate to carry out the exclusive trade agreement specified in the twelfth recital of this proclamation on and after September 10, 1955:

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 section 350 of the Tariff Act of 1930, as amended, do proclaim as follows:

Part I

To the end that the trade agreement specified in the seventh recital of this proclamation may be carried out:

(a) Subject to the provisions of sub-division (b) of this Part, such modifications of existing duties and 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 as are specified or provided for in paragraphs 1 to 6, inclusive, of the Protocol of Supplementary Concessions specified in the said seventh recital of this proclamation and in Part I of Schedule XX (Geneva-1956) contained in the Annex thereto shall be effective as follows:

(1) The rates of duty and import tax specified in column A at the right of the respective descriptions of products in Part I of the said Schedule XX (Geneva-1956), on and after June 30, 1956;

(2) The rates of duty and import tax specified in columns B and C, respectively, at the right of the respective descriptions of products in Part I of said Schedule XX (Geneva-1956), on and after the appropriate dates determined in accordance with the provisions of paragraph 2 of the "General Notes" at the end of the said Schedule XX (Geneva-1956):

Provided, That in the case of a product which is described in both Part I and Part II of the said Schedule XX (Geneva-1956), the rate in Part I, when lower, shall be applied to the product of the Republic of Cuba.

(b) The application of the provisions of subdivision (a) of this Part and of subdivision (a) of Part II of this proclamation shall be subject to the right of withdrawal of concessions and to the other applicable terms, conditions, and qualifications set forth in paragraphs 1 to 6, inclusive, of the said Protocol of Supplementary Concessions, in Schedule XX (Geneva-1956), including the General Notes, contained in the Annex thereto, in Parts I, II, and III of the General Agreement, including any applicable amendments and rectifications thereof, and in the Protocol of Provisional Application specified in the first recital of this proclamation, and the application of the provisions of subdivision (a) of this Part and of subdivision (a) of Part II of this proclamation shall also be subject to the exception that no rate of duty or import tax shall be applied to a particular article by virtue of this proclamation if, when the article is entered, or withdrawn from warehouse, for consumption more favorable customs treatment is prescribed for the article by any of the following then in effect:

(1) A proclamation pursuant to section 350 of the Tariff Act of 1930, as amended, but the application of such more favorable treatment shall be subject to the qualifications set forth in the third paragraph of the general notes in Schedule XX (Geneva-1956);

(2) any other proclamation, a statute, or an executive order, which proclamation, statute, or order either provides for an exemption from duty or import tax or became effective subsequent to May 23, 1956.

Part II

To the end that the exclusive trade agreement specified in the twelfth recital of this proclamation may be carried out:

(a) Subject to the qualifications and exceptions provided for in subdivision (b) of Part I of this proclamation and to the qualifications set forth in the exclusive trade agreement with the Republic of Cuba specified in the twelfth recital of this proclamation, 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 or excise treatment of products of the Republic of Cuba imported into the United States as are specified or provided for in paragraphs 1 to 6, inclusive, of the Protocol of Supplementary Concessions specified in the seventh recital of this proclamation and in Part II of Schedule XX (Geneva-1956) contained in the Annex thereto shall be effective as follows:

(1) The rates of duty and import tax specified in column A at the right of the respective descriptions of products in Part II of the said Schedule XX (Geneva-1956), on and after June 30, 1956;

(2) The rates of duty and import tax specified in columns B and C, respectively, at the right of the respective descriptions of products in Part II of said Schedule XX (Geneva-1956), on and after the appropriate dates determined in accordance with the provisions of paragraph 2 of the "General Notes" at the end of the said Schedule XX (Geneva-1956):

Provided, That in the case of a product which is described in both Part I and Part II of the said Schedule XX (Geneva-1956), the rate in Part I, when lower, shall be applied to the product of the Republic of Cuba.

(b) The list set forth in the sixteenth recital of the proclamation of July 22, 1955, specified in the third recital of this proclamation shall be amended (1) as provided in the fifteenth recital of this proclamation, effective June 30, 1956, and (ii) as provided in the nineteenth recital of this proclamation, effective September 10, 1955.

Part III

To the end that the trade agreement specified in the first recital of this proclamation may be carried out, effective June 30, 1956:

(a) The references to Article I of the General Agreement in the sixth and seventh recitals of the proclamation of January 30, 1948, specified in the third recital of this proclamation, and the list set forth in the seventh recital of the said proclamation of January 30, 1948, shall be amended as provided in the sixteenth recital of this proclamation.

(b) The value-bracket subclassifications preceding the subclassification for articles valued at more than $30 per dozen in item 1526 (a) in Part I of Schedule XX (Geneva-1947) shall be applied as though the said subclassifications read as set forth in the said seventeenth recital of this proclamation.

(c) Item 502 [first] in Part II of Schedule XX (Geneva-1947) shall be applied as though the said item read as set forth in the seventeenth recital of this proclamation: Provided, That pending further proclamation by the President, the rate of duty for products described in this item testing less than 74.6 per centum total sugars shall be 0.15 cents per gallon plus 0.165 cents additional for each 1 per centum of total sugars over 48 per centum and fractions of 1 per centum in proportion.

(d) Item 502 in Part I of Schedule XX (Torquay-1951) shall be applied as though the said item read as set forth in the seventeenth recital of this proclamation: Provided, That pending further proclamation by the President, the rate of duty for products described in this item testing less than 56.8 per centum total sugars shall be 0.375 cents per gallon plus 0.4125 cents additional for each 1 per centum of total sugars over 48 per centum and fractions of 1 per centum in proportion.

Part IV

So much of the proclamations of December 22, 1949, and May 13, 1950, specified in the third recital of this proclamation, and of any other proclamations specified therein, which give effect to the concession provided for in item 502 [first] in Part I of Schedule XX (Annecy-1949) specified in the seventeenth recital of this proclamation, and the proclamation of October 30, 1950 specified in the third and eighteenth recitals of this proclamation are terminated, effective at the close of business June 29, 1956.

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 13th day of June in the year of our Lord nineteen hundred and fifty-six, and of the Independence of the United States of America the one hundred and eightieth.

DWIGHT D. EISENHOWER

By the President:

JOHN FOSTER DULLES,

Secretary of State