Proclamation 3211—Withdrawal of Trade Agreement Concession on Spring Clothespins

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 (19 U.S.C. 1351), 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) A7, All, and A2051) of certain foreign countries, including the Kingdom of Denmark and the Kingdom of Sweden, which trade agreement 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) B141);

2. Whereas Schedule XX in Annex A of the said trade agreement for accession became a schedule to the said General Agreement in accordance with paragraph 3 of the said trade agreement for accession;

3. Whereas, by Proclamation No. 2867 of December 22, 1949 (3 CFR, 1949 Supp., 55), the President proclaimed such modification 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 for accession, which proclamation has been supplemented by several proclamations, including Proclamation No. 2884, of April 27, 1950 (3 Ciett, 1950 Supp., 28);

4. Whereas the first item 412 in Part I of the said Schedule XX reads in pertinent part as follows:

5. Whereas, in accordance with Article II of the said General Agreement and by virtue of the said proclamation of April 27, 1950, the United States rate of duty applicable to spring clothespins described in the said first item 412 is 10 cents per gross, as specified in the said first item 412, which duty reflects the tariff concession granted in the said General Agreement with respect to such clothespins;

6. Whereas the United States Tariff Commission has submitted to me a report of its investigation No. 57 under section 7 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1364), on the basis of which investigation and a hearing held in connection therewith the Commission has found that, as a result in part of the duty reflecting the concession granted in the said General Agreement, spring clothespins described in the said first item 412 are being imported into the United States in such increased quantities, both actual and relative, as to cause serious injury to the domestic industry producing like products;

7. Whereas I find that in order to remedy the serious injury to the said domestic industry it is necessary that there be applied, for an indefinite period, a duty of 20 cents per gross on spring clothespins described in the said first item 412;

8. Whereas the rate of duty on spring clothespins expressly fixed by statute (Tariff Act of 1930, paragraph 412) is 20 cents per gross, which rate of duty would be applicable to spring clothespins described in the said first item 412 if the tariff concession set forth in the said first item 412 were withdrawn;

9. Whereas, to carry out the exclusive trade agreement with Cuba (61 Stat. (Pt. 4) 3699) and the note to the items specified in Part II of the said Schedule XX, spring clothespins the product of Cuba are included as item 412 in the list set forth in the ninth recital of Proclamation No. 2764 of January 1, 1948 (3 CFR, 1948 Supp., 11), as amended by Part III of Proclamation No. 3105 of July 22, 1955 (3 CFR, 1955 Supp., 36), wherein a rate of duty of 8 cents per gross is specified for such spring clothespins;

10. Whereas, upon the withdrawal of the concession set forth in the said first item 412, it will be appropriate to carry out the said exclusive trade agreement with Cuba and the said trade agreement for accession to increase the rate of duty on spring clothespins the product of Cuba to 18 cents per gross:

Now, Therefore, I, Dwight D. Eisenhower, President of the United States of America, acting under the authority vested in me by section 350 of the Tariff Act of 1930, as amended, and by section 7 (c) of the Trade Agreements Extension Act of 1951, as amended, and in accordance with the provisions of Article XIX of the said General Agreement on Tariffs and Trade and with the provisions of the said exclusive trade agreement with the Government of the Republic of Cuba, do proclaim that, effective after the close of business on December 9, 1957, and until the President otherwise proclaims—

(a) The said first item 412 in the said Schedule XX shall be withdrawn, and Proclamation No. 2867 of December 22, 1949, as supplemented, shall be suspended insofar as it applies to the said first item 412;

(b) the rate of duty specified for item 412 in the ninth recital of the said proclamation of January 1, 1948, as amended by Part III of the said proclamation of July 22, 1955, shall be changed from "8 cents per gross" to "18 cents per gross".

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 9th day of November 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-second.

DWIGHT D. EISENHOWER

By the President:

JOHN FOSTER DULLES,

Secretary of State