Proclamation 3160—Further Supplementing Proclamation 2761A of December 16, 1947 With Respect to Certain Woolen Textiles

1. Whereas, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 (a) of the Tariff Act of 1930, as amended (ch. 474, 48 Stat. 943; ch. 118, 57 Stat. 125; ch. 269, 59 Stat. 410), on October 30, 1947, the President entered into a trade agreement with certain foreign countries, which trade agreement consists of the General Agreement on Tariffs and Trade and the related Protocol of Provisional Application thereof, together with the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment (61 Stat. (Parts 5 and 6) A7, All, and A2051), and, by Proclamation No. 2761A of December 16, 1947 (61 Stat. (Part 2) 1103), the President proclaimed such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out the said trade agreement on and after January 1, 1948;

2. Whereas items 1108 and 1109 (a), and the appropriate headings, in Part I of Schedule XX annexed to the said General Agreement on Tariffs and Trade, which items were given effect by the said proclamation of December 16, 1947, read as follows:

3. Whereas, pursuant to the authority vested in the President by the Constitution and the statutes, including the said section 350 (a) of the Tariff Act of 1930, as amended, on April 21, 1951, the President entered into a trade agreement with certain foreign countries, which trade agreement consists of the Torquay Protocol to the General Agreement on Tariffs and Trade (3 UST (pt. 1) 615, (pt. 2) 1841), and, by Proclamation No. 2929 of June 2, 1951 (65 Stat. C12), the President proclaimed such modifications of existing duties and other import restrictions of the United States and such continuance of existing customs or excise treatment of articles imported into the United States as were then found to be required or appropriate to carry out the said trade agreement on and after June 6, 1951;

4. Whereas item 1109 (a), and the appropriate headings, in Part I of Schedule XX annexed to the said Torquay Protocol, which item was given effect by the said proclamation of June 2, 1951, reads as follows:

5. Whereas on September 26, 1956, the Government of the United States notified the Executive Secretary to the CONTRACTING PARTIES to the General Agreement on Tariffs and Trade that it invoked the reservation contained in the note to item 1108 set forth in the second recital of this proclamation, effective October 1, 1956;

6. Whereas the fourth general note to the said Schedule XX to the General Agreement on Tariffs and Trade specified in the second recital of this proclamation provides as follows:

"4. If any tariff quota provided for in this Schedule, other than those provided for in items 771, becomes effective after the beginning of a period specified as the quota year, the quantity of the quota product entitled to enter under the quota during the unexpired portion of the quota year shall be the annual quota quantity less 1/22 thereof for each full calendar month that has expired in such period.";

7. Whereas I find that upon invocation of the said reservation set forth in the second recital of this proclamation, effective October 1, 1956, it will be appropriate to carry out the trade agreement specified in the first recital of this proclamation that the ad valorem part of the rate be 45 per centum ad valorem in the case of any of the fabrics described in the said item 1108 or 1109 (a) in Part I of Schedule XX to the General Agreement on Tariffs and Trade set forth in the second recital of this proclamation, or in the said item 1109 (a) in Part I of Schedule XX to the Torquay Protocol set forth in the fourth recital of this proclamation, excepting in either case articles dutiable at rates applicable to such fabrics by virtue of any provision of the Tariff Act of 1930, as amended, other than paragraph 1108 or 1109 (a):

(a) during the period from October 1, 1956, to December 31, 1956, both inclusive, if such fabrics are entered, or withdrawn from warehouse, for consumption after the total aggregate quantity of 3,500,000 pounds of such fabrics has been so entered or withdrawn; which quantity I find to be not less than 1 1/4 per centum of the average annual production in the United States during the three immediately preceding calendar years of fabrics similar to such fabrics; and

(b) following December 31, 1956, until otherwise proclaimed by the President, if such fabrics are entered, or withdrawn from warehouse, for consumption in any calendar year after that total aggregate quantity by weight of such fabrics which shall have been notified by the President to the Secretary of the Treasury, and published in the FEDERAL REGISTER, has been so entered or withdrawn during such calendar year; which quantity the President shall have found to be not less than 5 per centum of the average annual production in the United States during the three immediately preceding calendar years of fabrics similar to such fabrics; and

8. Whereas the sixteenth recital of Proclamation No. 3140 of June 13, 1956 (21 F. R. 4237), amended the list set forth in the seventh recital of Proclamation No. 2769 of January 30, 1948 (62 Stat. (pt. 2) 1479), and it is required or appropriate to further amend such list:

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:

1. In order to carry out the said trade agreements specified in the first and third recitals of this proclamation, until otherwise proclaimed by the President, the ad-valorem part of the rate which shall be applied to the said fabrics described in the seventh recital of this proclamation, entered, or withdrawn from warehouse, for consumption in excess of the quantity specified in clause (a) of that recital, or in excess of a quantity notified to the Secretary of the Treasury pursuant to clause (b) of that recital, shall be 45 per centum ad valorem.

2. The said proclamation of December 16, 1947, specified in the first recital of this proclamation, and the said proclamation of June 2, 1951, specified in the third recital of this proclamation, as amended, shall be suspended to the extent necessary to give effect to the foregoing provisions of this proclamation.

3. In order to carry out the said trade agreement specified in the first recital of this proclamation, the list set forth in the seventh recital of the said proclamation of January 30, 1948, as amended by the said proclamation of June 13, 1956, is hereby further amended by deleting the last line in item 1406 of such list, reading "Cigar bands 350 per lb."

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 28th day of September 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 eighty-first.

DWIGHT D. EISENHOWER

By the President:

JOHN FOSTER DULLES,

Secretary of State