Proclamation 3190—Carrying out the Eighth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade, and For Other Purposes

1. Whereas, pursuant to the authority vested in him by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as then amended (48 Stat. (pt. 1) 943, ch. 474, 57 Stat. (pt. 1) 125, ch. 118, 59 Stat. (pt. 1) 410, ch. 269), the President on October 30, 1947, 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, together with a Final Act (61 Stat. (pts. 5 and 6), A7, All, and A2051);

2. Whereas by Proclamation No. 2761A of December 16, 1947 (61 Stat. (pt. 2) 1103), the President proclaimed 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 of America as were then found to be required or appropriate to carry out the said trade agreement specified in the first recital of this proclamation on and after January 1, 1948, which proclamation has been supplemented by the other proclamations listed in the third recital of Proclamation No. 3140 of June 13, 1956 (3 CFR, 1956 Supp., p. 24), by the said proclamation of June 13, 1956, by Proclamation No. 3143 of June 25, 1956 (3 CFR, 1956 Supp., p. 33), by Proclamation No. 3146 of June 29, 1956 (3 CFR, 1956 Supp., p. 35), by Proclamation No. 3160 of September 28, 1956 (3 CFR, 1956 Supp., p. 44), and by Proclamation No. 3184 of May 16, 1957 (22 F. R. 3531);

3. Whereas I have found as a fact that certain existing duties and other import restrictions of the United States of America and of the Republic of Cuba, both 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 now amended (48 Stat. (pt. 1) 943, ch. 474, 57 Stat. (pt. 1) 125, ch. 118, 59 Stat. (pt. 1) 410, ch. 269, 63 Stat. (pt. 1) 698, ch. 585, 69 Stat. 162, ch. 169), will be promoted by the negotiation between these two Governments of a trade agreement supplementing the General Agreement;

4. 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 a list 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 Government of the Republic of Cuba referred to in the third 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 therein;

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

6. Whereas, the period for the exercise of the authority of the President to enter into foreign trade agreements under the said section 350, as now 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 June 20, 1957, as a result of the findings set forth in the third recital of this proclamation, I entered, through my duly authorized representative, 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 United States of America and to the Republic of Cuba, which trade agreement consists of the Eighth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade, dated June 20, 1957, including a schedule of United States concessions (hereinafter referred to as "Schedule XX (Havana-1957) "), which trade agreement is authentic in the English and French languages as indicated therein, and a copy of which is annexed to this proclamation;'

7. Whereas the supplementary trade agreement specified in the sixth recital of this proclamation provides that the schedule annexed thereto relating to a negotiating contracting party shall be regarded as a schedule to the General Agreement relating to that contracting party on the thirtieth day following the day on which the protocol shall have been signed by such contracting party or on June 29, 1957, which ever is the earlier, and such protocol was not signed on behalf of the United States prior to May 30, 1957;

8. Whereas I find that each modification of existing duties or 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 of this proclamation will be required or appropriate, on and after the dates specified in the said Part I, to carry out the trade agreement specified in the sixth recital of this proclamation;

9. Whereas, pursuant to the authority vested in him by the Constitution and the statutes, including the said section 350, as then amended, the President on October 30, 1947, 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;

10. 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 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 exclusive trade agreement specified in the ninth recital of this proclamation on and after January 1, 1948, which proclamation has been supplemented by the other proclamations listed in the thirteenth recital of the said proclamation of June 13, 1956, by the said proclamation of June 13, 1956, and by the said proclamation of May 16. 1957;

11. Whereas Part II of Schedule XX (Geneva-1947), which was made a part of the exclusive trade agreement specified in the ninth recital of this proclamation, is supplemented by Part II of Schedule XX (Havana-1957), and I find that it is required or appropriate, on and after the dates specified in the said Part II, to carry out the said exclusive trade agreement that the said Part II of Schedule XX (Geneva-1947) be applied as supplemented by the said Part II of Schedule XX (Havana-1957);

12. Whereas by the said proclamation of June 13, 1956, 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 Sixth Protocol of Supplementary Concessions to the General Agreement (TIAS 3591), including a schedule of United States concessions (hereinafter referred to as "Schedule XX (Geneva-1956)");

13. Whereas the third sub-classification of the description in item 1513 [second] in Part I of Schedule XX (Geneva-1956) erroneously reads "Figures or images of animate objects not specified above in this item" in place of "Figures or images animate objects wholly or in chief value of metal and not specified above in this item"; and

14. Whereas in the said proclamation of May 16, 1957, the rate of duty in the item set forth in the eighth recital should be "671'-,e per 100 lb." in place of the rate of "671 c' per lb.", the reference in Part II should be to the "sixteenth recital" of the said proclamation of June 13, 1956, in place of the reference to the "thirteenth recital" of that proclamation, and the reference in Part III should be to the "sixteenth recital" of Proclamation No. 3105 of July 22, 1955 (69 Stat. C44) in place of the reference to the "thirteenth recital" of that 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, as now amended, do proclaim as follows:

PART I

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

(a) 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 4, inclusive, of the said Protocol of Supplementary Concessions specified therein, and in Part I of Schedule XX (Havana-1957), shall, subject to the provisions of subdivision (b) of this part, be effective as follows:

(1) The rates of duty specified in column A at the right of the respective descriptions of products in Part I of Schedule XX (Havana-1957), on and after June 29, 1957,

(2) The rates of duty specified in column B at the right of the said respective descriptions of products, on and after the appropriate date or dates determined in accordance with the provisions of paragraph 2 of the General Notes at the end of Schedule XX (Havana-1957).

(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 (1) to the applicable terms, conditions, and qualifications set forth in paragraphs 1 to 4, inclusive, of the said Protocol of Supplementary Concessions, in Schedule XX (Havana-1957), including the General Notes 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 (2) to the exception that no rate of duty 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:

(i) A proclamation pursuant to section 350 of the Tariff Act of 1930, but the application of such more favorable treatment shall be subject to the qualifications set forth in paragraph 3 of the General Notes in Schedule XX (Havana-1957),

(ii) 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 June 20, 1957.

PART II

To the end that the exclusive trade agreement with the Republic of Cuba specified in the ninth recital of this proclamation may be carried out, 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 4, inclusive, of the Protocol of Supplementary Concessions specified in the sixth recital of this proclamation, and in Part II of Schedule XX (Havana-1957), shall, subject to the provisions of sub-division (b) of Part I of this proclamation and of the said exclusive trade agreement be effective as follows:

(1) The rates of duty specified in column A at the right of the respective descriptions of products in Part II of Schedule XX (Havana-1957), on and after June 29, 1957,

(2) The rates of duty specified in column B at the right of the said respective descriptions of products, on and after the appropriate date or dates determined in accordance with the provisions of paragraph 2 of the General Notes at the end of Schedule XX (Havana-1957).

PART III

The said proclamation of June 13, 1956, shall be applied as though the third sub-classification of the description in item 1513 [second] in Part I of Schedule XX (Geneva-1956) read "Figures or images of animate objects wholly or in chief value of metal and not specified above in this item".

PART IV

The said proclamation of May 16, 1957, is rectified by the insertion (a) in the item set forth in the eighth recital of the rate of "671/20 per 100 lb." in place of the rate of "671/20 per lb.", (b) in Part II of a reference to the "sixteenth recital" of the said proclamation of June 13, 1956, in place of the reference to the "thirteenth recital" of that proclamation, and (c) in Part III of a reference to the "sixteenth recital" of the said proclamation of July 22, 1955, in place of the reference to the "thirteenth recital" of that 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 28th day of June in the year of our Lord nineteen hundred and fifty-seven, 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