Proclamation 3323—Modification of Trade Agreement Concessions and Adjustment of Duties on Certain Stainless Steel Table Flatware

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 amended (19 U.S.C. 1351), 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, including a schedule of United States concessions (hereinafter referred to as "Schedule XX-1947"), and the Protocol of Provisional Application of the General Agreement on Tariffs and Trade, together with a 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. (Pts. 5 and 6) A7, All, and A2051), and by Proclamation No. 2761A of December 16, 1947 (61 Stat. (Pt. 2) 1103) he 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 that agreement on and after January 1, 1948, which proclamation has been supplemented by several subsequent proclamations;

2. Whereas the said General Agreement has been supplemented by several subsequent agreements, including the Annecy Protocol of Terms of Accession to the General Agreement on Tariffs and Trade of October 10, 1949 (64 Stat. (Pt. 3) B139), the Torquay Protocol to the General Agreement on Tariffs and Trade of April 21, 1951 (3 UST (Pts. 1 and 2) 615 and 1841), and the Sixth Protocol of Supplementary Concessions to the General Agreement on Tariffs and Trade of May 23, 1956 (7 UST (Pt. 2) 1086), and Proclamations No. 2867 of December 22, 1949 (64 Stat. (Pt. 2) A380), No. 2929 of June 2, 1951 (65 Stat. C12), and No. 3140 of June 13, 1956 (70 Stat. C33), (the first two of which proclamations have been supplemented by several subsequent proclamations and notifications of the President to the Secretary of the Treasury, including Proclamation No. 2888 of May 13, 1950 (64 Stat. (Pt. 2) A405) and the notification of June 2, 1951 (3 CFR, 1949-1953 Comp., p. 1036)), have 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 agreements on and after January 1, 1950, June 6, 1951, and June 30, 1956, respectively;

3. Whereas each of the trade agreements specified in the second recital of this proclamation included a supplementary schedule of United States concessions, the supplementary schedules to the Annecy Protocol, the Torquay Protocol, and the Sixth Protocol of Supplementary Concessions being hereinafter referred to respectively as "Schedule XX-1949", "Schedule XX-1951", and "Schedule XX-1956";

4. Whereas tariff concessions on table spoons, wholly of metal and in chief value of stainless steel, are included in item 339 of Part I of Schedule XX-1947 and in item 339 in Part I of Schedule XX-1956, and tariff concessions on table knives and forks, wholly of metal and in chief value of stainless steel, are included in item 355 in Part I of Schedule XX1947, in item 355 in Part I of Schedule XX-1949, and in item 355 in Part I of Schedule XX-1951;

5. Whereas the prevailing tariff concession on table spoons, wholly of metal and in chief value of stainless steel, is included in item 339 in Part I of Schedule XX-1956, and the prevailing tariff concessions on table knives and forks, wholly of metal and in chief value of stainless steel, are included in item 355 in Part I of Schedule XX-1951;

6. Whereas the current United States duties reflecting the said prevailing tariff concessions granted in the said General Agreement, as supplemented, with respect to the products referred to in the fourth recital of this proclamation are as follows:

7. Whereas the United States Tariff Commission on January 10, 1958 and January 31, 1958 submitted to me a report (which report the Commission on July 24, 1959 supplemented in accordance with my request) of its investigation No. 61 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 duties reflecting the concessions granted thereon in the said General Agreement, as supplemented, the products referred to in the fourth recital of this proclamation (hereinafter sometimes referred to as "stainless steel table flatware") were 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;

8. Whereas I find that in order to remedy the serious injury to the domestic industry it is necessary that there be applied to stainless steel table flatware not over 10.2 inches in overall length and valued under $3 per dozen pieces the customs treatment hereinafter proclaimed;

9. Whereas section 350 of the Tariff Act of 1930, as amended, authorizes the President to proclaim such modifications of existing duties and such additional import restrictions as are required or appropriate to carry out any foreign trade agreement that the President has entered into under such section 350; and

10. Whereas, upon modification of the concessions as hereinafter proclaimed, it will be appropriate, to carry out the said General Agreement, to apply to the stainless steel table flatware not over 10.2 inches in overall length and valued under $3 per dozen pieces the customs treatment hereinafter proclaimed:

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, do proclaim that, effective November 1, 1959, and until the President otherwise proclaims—

(a) the said prevailing tariff concessions granted in the said General Agreement, as supplemented, are hereby modified by adding the following proviso at the end of item 339 in Part I of Schedule XX-1956:

Provided, That after there has been entered, in any 12-month period beginning November 1, in 1959 and in each subsequent year, a total aggregate quantity of 69 million single units of table spoons wholly of metal and in chief value of stainless steel, not over 10.2 inches in overall length and valued under $3 per dozen pieces included in this item 339, and of table knives and table forks of like composition, length, and value, included in item 355 of Schedule XX annexed to the Torquay Protocol to the General Agreement on Tariffs and Trade, the rates on the products described above in this proviso, entered during the remainder of such 12-month period, shall be as follows:

and

(b) The provisions of the proviso to item 339 in Part I of Schedule XX-1956, added by paragraph (a) above, shall be applied and all proclamations of the President heretofore issued under the authority of section 350 of the Tariff Act of 1930 are suspended insofar as they are inconsistent with this 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 20th day of October in the year of our Lord nineteen hundred and fifty-nine, and of the Independence of the United States of America the one hundred and eighty fourth.

DWIGHT D. EISENHOWER

By the President:

CHRISTIAN A. HERTER,

Secretary of State