Proclamation 3468—Carrying Out Certain Agreements Negotiated at the 1960-61 Tariff Conference and for Other Purposes

By the President of the United States of America

A Proclamation

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), the President entered into the General Agreement on Tariffs and Trade (hereinafter referred to as "the General Agreement"), of October 30, 1947 (61 Stat. (pt. 5) A11), including a Schedule of United States concessions (hereinafter referred to as "Schedule XX (Geneva-1947) "), and by Proclamation No. 2761A, of December 16, 1947 (61 Stat. (pt. 2) 1103), as supplemented by subsequent proclamations including Proclamation No. 2764, of January 1, 1948 (62 Stat. (pt. 2) 1465), and Proclamation No. 2769, of January 30, 1948 (62 Stat. (pt. 2) 1479), he 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 (hereinafter referred to as "modifications and continuance") as were found to be required or appropriate to carry out the General Agreement;

2.             Whereas, the General Agreement has been supplemented by several agreements including:

(a)           Protocol of Provisional Application of the General Agreement, of October 30, 1947 (61 Stat. (pt. 6) A2051),

(b)           Annecy Protocol of Terms of Accession to the General Agreement, of October 10, 1949 (64 Stat. (pt. 3) B141), including a schedule to the General Agreement of United States concessions (hereinafter referred to as "Schedule XX (Annecy 1949)"),

(c)           Torquay Protocol to the General Agreement, of April 21, 1951 (3 UST (pt. 1) 615), including a schedule to the General Agreement of United States concessions (hereinafter referred to as “Schedule XX (Torquay-1951)"),

(d)           Protocol of Terms of Accession of Japan to the General Agreement, of June 7, 1955 (6 UST (pt. 5) 583), including a schedule to the General Agreement of United States concessions (hereinafter referred to as "Schedule XX (Japan-1955)"),

(e)           Sixth Protocol of Supplementary Concessions to the General Agreement, of May 23, 1956 (7 UST (pt. 2) 1076), including a schedule to the General Agreement of United States concessions (hereinafter referred to as "Schedule XX (Geneva-1956)"),

(f)            Agreement between the Kingdom of Belgium, Acting for the Belgo-Luxemburg Economic Union, the ]kingdom of the Netherlands, and the United States of America Supplementary to the General Agreement, of June 27, 1957 (8 UST (pt. 1) 934), including a schedule of United States concessions (hereinafter referred to as "U.S. Schedule (Benelux Supp.-1957)"),

(g)           Agreement between the United Kingdom of Great Britain and Northern Ireland and the United States of America Supplementary to the General Agreement, of June 27, 1957 (8 UST (pt. 1) 890), including a schedule of United States concessions (hereinafter referred to as "U.S. Schedule (U.K. Supp.-1957)"), and

(h)           Agreement Supplementary to the General Agreement between the United States and Sweden, of September 15, 1961 (TIAS 4847);

3. Whereas by the following proclamations the President proclaimed agreements specified in the second recital of this Proclamation:

(a) The first proclamation specified in the first recital of this Proclamation proclaimed that the General Agreement should be applied subject to the agreement specified in clause (a) of the second recital of this Proclamation,

(b) Proclamation No. 2867, of December 22, 1949 (64 Stat. (pt. 2) A380), as supplemented by subsequent proclamations including Proclamation No. 2884 of April 27, 1950 (64 Stat. (pt. 2) A399), and Proclamation No. 3211, of November 9, 1957 (72 Stat. (pt. 2) CA), proclaimed such modifications and continuance as were required or appropriate to carry out the agreement specified in clause (b) of the second recital hereof,

(c) Proclamations No. 2929, of June 2, 1951 (65 Stat. C12), proclaimed such modifications and continuance as were required or appropriate to carry out the agreement specified in clause (c) of the second recital hereof,

(d) Proclamation No. 3105, of July 22, 1955 (69 Stat. C11), in Part I proclaimed, such modifications and continuance as were required or appropriate to carry out the agreement specified in clause (d) of the second recital hereof,

(e) Proclamation No. 3140, of June 13, 1956 (70 Stat. C33), in Part I proclaimed such modifications and continuance as were required or appropriate to carry out the agreement specified in clause, (e) of the second recital hereof,

(f) Proclamation No. 3191, of June 29, 1957 (71 Stat. C49), proclaimed such modifications and continuance as were required on appropriate to carry out the agreements specified in clauses (f) and of the second recital hereof, and

(g) Proclamation No. 3431, of September 18, 1961 (26 F.R. 8931), proclaimed such modifications and continuance as were required or appropriate to carry out paragraph (2) of the agreement specified in clause (h) of the second recital hereof;

4. Whereas I have found as a fact (a) that certain existing duties and other import restrictions of the United States of America, including tariff action referred to in the fifth, seventh, and ninth recitals of this Proclamation, of other contracting parties to the General Agreement, including the Republic of Austria, the Kingdom of Belgium, Canada, the Kingdom of Denmark, the Republic of Finland, the French Republic, the Federal Republic of Germany, the Republic of Italy, Japan, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, New Zealand, the Kingdom of Norway, Pakistan, Peru, the Kingdom of Sweden, and the United Kingdom of Great Britain and Northern Ireland, of Israel, of Portugal, and of the Swiss Confederation are unduly burdening and restricting the foreign trade of the United States, that the effect of the common external, tariff of the European Economic Community (an instrumentality of the Governments of the Kingdom of Belgium, the French Republic, the Federal Republic of Germany, the Republic of Italy, the Grand Duchy of Luxembourg, and the Kingdom of the Netherlands) is to unduly burden and restrict the foreign trade of the United States, and (b) that the purposes declared: in section 350 of the Tariff Act of 1930, as amended, will be promoted by one or more trade agreements between the Government of the United States and the Governments of some or all of the other countries, or the instrumentality of governments, referred to in this recital;

5. Whereas the United States has completed renegotiations under Article XXVIII of the General Agreement for the modification or withdrawal of the following concessions:

(a) The concessions on waterproof cloth provided for in the second item 907 in Part I of Schedule XX (Geneva-1947), in the second item 907 in U.S. Schedule (Benelux Supp.-1957), and in the second item 907 in U.S. Schedule (U.K. Supp. 1957) in order to conform such concessions to the provisions of section 2 of Public Law 86-795 (74 Stat. 1052),

(b) The concessions on woolen and worsted fabrics provided for in items 1108 and 1109 (a) in Part I of Schedule XX (Geneva-1947), and in item 1109(a) in Part I of Schedule XX (Torquay-1951), whose modification was proclaimed by Proclamation No. 3387, of December 28, 1960 (25 F.R. 13945),

(c) The concessions on rubber-soled footwear provided for in second item 1530(e) in Part I of Schedule XX (Geneva-1947), and in item 1530(e) in Part I of Schedule XX (Japan-1955) in order to conform such concessions to the provisions of section 1 of Public Law 85-454 (72 Stat. 185), and

(d) The concessions on spring clothespins provided for in the first item 412 in Part 1 of Schedule XX (Annecy-1949);

6. Whereas Article XXVIII of the General Agreement provides that a contracting party may, pursuant to procedures provided for therein, modify or withdraw concessions in its Schedule to that Agreement, while at the same time endeavoring to maintain the general level of reciprocal and mutually advantageous concessions;

7. Whereas, acting under and by virtue of the authority vested in him 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 (19 U.S.C. 1364(c)), and in accordance with Article XIX of the General Agreement, the President proclaimed the following action:

(a) By Proclamation No. 3212, of November 29, 1957 (72 Stat. (pt. 2) C16), the modification of the concessions on safety pins provided for in item 350 in Part I of Schedule XX (Geneva-1947),

(b) By Proclamation No. 3235, of April 21, 1958 (72 Stat. (pt. 2) C35), the withdrawal of the concessions on clinical thermometers provided for in item 218 (a) in Part I of Schedule XX (Torquay-1951),

(c) By Proclamation No. 3323, of October 20, 1959 (74 Stat. C15), the modification of the concessions on stainless-steel table flatware provided for in item 339 and item 355 in Part I of Schedule XX (Geneva-1947), in item 355 in Part I of Schedule XX (Annecy-1949), in item 355 in Part I of Schedule XX (Torquay-1951), and in item 339 in Part I of Schedule XX (Geneva-1956), and

(d) By Proclamation No. 3365, of August 23, 1960 (74 Stat. C85), the modification of the concessions on typewriter ribbon cloth provided for in the first and second items 904(a), item 904(b), and item 904(c) in Part I of Schedule XX (Geneva-1947) and in the first and second items 904(a), item 904(b), and item 904(c) in Part I of Schedule XX (Japan-1955);

8. Whereas Article XIX of the General Agreement provides for consultation with other contracting parties thereto having a substantial interest as exporters of the articles with respect to which action is being taken with a view to agreement being reached among all interested contracting parties;

9. Whereas judicial or administrative authorities of the United States have taken tariff classification action of the bind envisaged by paragraph 5 of Article II of the General Agreement which provides that, if as a result of judicial or administrative interpretation an imported article cannot be accorded the treatment which it had been contemplated such article would receive under the General Agreement, negotiations shall be conducted for compensatory adjustment;

10. Whereas reasonable public notice was given of the intention to conduct trade agreement negotiations under the General Agreement with foreign Governments which were contracting parties to that agreement and with other specified Governments, which contracting parties and other Governments include the Governments of all the countries referred to in the fourth recital of this Proclamation, or with instrumentalities of any such foreign Governments, 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 Department of State, Agriculture, Commerce, and Defense, and from other sources;

11. Whereas, pursuant to section 3 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1360), 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 trade agreement negotiations with the Governments referred to in the tenth recital of this Proclamation, and the Tariff Commission made investigations in accordance with section 3 and thereafter reported to me its determinations made pursuant to that section within the time specified therein;

12. 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 1958 (72 Stat. 673) until the close of June 30, 1962, as a result of the findings set forth in the fourth recital of this Proclamation, I, through my duly authorized representative, included paragraphs (1) and (3) in the agreement specified in clause (h) of the second recital hereof and entered into the following trade agreements, each of which includes a schedule of United States concessions:

(a) Agreement between the United States and the Federal Republic of Germany providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 20, 1962, a copy of which is annexed to this Proclamation as Annex A,

(b) Agreement between the United States and Belgium, Luxembourg, and the Netherlands providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 29 and February 1, 1962, a copy of which is annexed to this Proclamation as Annex B,

(c) Agreement between the United States and Japan providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of February 9, 1962, a copy of which is annexed to this Proclamation as Annex C,

(d) Agreement between the United States and Denmark providing, compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 26 and February 12, 1962, a copy of which is annexed to this Proclamation as Annex D,

(e) Agreement between the United States and the United Kingdom providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of January 26 and February 16, 1962, a copy of which is annexed to this Proclamation as Annex E,

(f) Interim Agreement between the United States and Denmark, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex F,

(g) Interim Agreement between the United States and Finland, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex G,

(h) Interim Agreement between the United States and Israel, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex H,

(i) Interim Agreement between the United States and New Zealand, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex I,

(j) Interim Agreement between the United States and Norway, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex J,

(k) Interim Agreement between the United States and Pakistan, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex S,

(l) Interim Agreement between the United States and Peru, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex L,

(m) Interim Agreement between the United States and Portugal, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex M,

(n) Interim Agreement between the United States and Sweden, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex N,

(o) Interim Agreement between the United States and Switzerland, of March 5, 1962, a copy of which is annexed to this Proclamation as Annex O,

(p) Interim Agreement between the United States and Austria, of March 6, 1962, a copy of which is annexed to this Proclamation as Annex P,

(q) Agreement between the United States and Italy providing compensatory concessions under the General Agreement for certain tariff action taken by the United States, of December 8 and 9, 1961, and March 7, 1962, a copy of which is annexed to this Proclamation as Annex Q,

(r) Interim Agreement between the United States and Canada, of March 7, 1962, a copy of which is annexed to this Proclamation as Annex R,

(s) Interim Agreement between the United States and the European Economic Community, of March 7, 1962, a copy of which is annexed to this Proclamation as Annex S, and

(t) Interim Agreement between the United States and the United Kingdom, of March 7, 1962, a copy of which is annexed to this Proclamation as Annex T;

13. Whereas, under the authority of section 350(a) (3) (D) of the Tariff Act of 1930, as amended, I have determined that, in the case of those modifications of existing duties proclaimed in this Proclamation which, within the limitations of that section, reflect decreases in duties exceeding the limitations specified in section 350(a) (4) (A) or 350(a) (4) (B), such decreases will simplify the computation of the amount of duty imposed with respect to the articles concerned;

14. Whereas I have made the determination regarding the ad valorem equivalent of the specific rate of duty (or combination of rates including a specific rate) and regarding the representative period, under the authority of section 350(a) (3) (D) or 350(a) (4) (A) of the Tariff Act of 1930, as amended, by reference to section 350(a) (2) (D) (ii) thereof, in the case of each modification of an existing duty 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 or 402a of the Tariff Act of 1930, as amended (19 U.S.C. 1401a or 1402);

15. Whereas each agreement specified in clauses (f) to (p), inclusive, and (r) to (t), inclusive, of the twelfth recital of this Proclamation provides that the concessions set forth in the schedule of United States concessions shall, except as otherwise provided for in that schedule, take effect thirty days after the date upon which the United States has notified the other party to the agreement of its intention to put such concessions into effect, subject to the right of the United States to suspend or withdraw in whole or in part the concessions set forth in such schedule until the other party to the agreement gives such a notification with respect to its schedule of concessions;

16. Whereas I find that the modifications of existing duties and other import restrictions of the United States and the continuance of existing customs and excise treatment of articles imported into the United States (a) provided for in each agreement specified in clauses (f) to (p), inclusive, and (r) to (t), inclusive, of the twelfth recital of this Proclamation will be required or appropriate to carry out that agreement, except that it will be required or appropriate that the agreement specified in clause (1) of the twelfth recital be applied as though the words "for consumption" were inserted following the word "Entered" in item 765 in the United States Schedule to that agreement, on and after the thirtieth day following the date of the notification thereunder by the United States referred to in the fifteenth recital hereof, and (b provided for in paragraphs (1) and (3) of the agreement specified in clause (h) of the second recital hereof and in each of the agreements specified in clauses (a) to (e), inclusive, and (q) of the twelfth recital hereof will be required or appropriate to carry out that agreement on and after July 1, 1962, or such earlier date as may be notified by the President to the Secretary of the Treasury and published in the FEDERAL REGISTER;

17. Whereas I determine that, either as a result of the proclamation hereinafter of the modifications and continuance required or appropriate to carry out agreements specified in the twelfth recital of this Proclamation, or because of the need for greater accuracy, it will be required or appropriate to carry out the General Agreement and agreements supplementary thereto that on and after the following dates the lists set forth in the sixteenth recitals of the proclamations specified in clauses (d) and (e) of the third recital hereof be modified as follows:

(a) Modifications of the list set forth in the sixteenth recital of the proclamation specified in clause (d) of the third recital of this Proclamation:

(i) On and after the date of this Proclamation:

Item	Modification of List
397 [added by Part II(b) (ii) of Proclamation specified in clause (e) of third recital hereof]	Modification of Description of Products to read: "Articles or wares not specially provided for, whether partly or wholly manufactured, plated with, but not in chief value of, gold",

(ii) On or after the date specified in clause (b) of the sixteenth recital of this Proclamation:

Item	Modification of List
412----------------------------------------------	Deletion of the item

(iii) On or after the date specified in clause (b) of the sixteenth recital of this Proclamation, unless the modification provided for in of this clause has by then become effective:

Item	Modification of List
1551 [second]------------	Insertion at the end of the Description of products of: "(except feature films of 4,000 linear feet or more)",

(iv) On and after the thirtieth day following the notification by the United States referred to in clause (a) of the sixteenth recital hereof made under the agreement specified in clause (t) of the twelfth recital hereof:

Item	Modification of List
1551 [first]---------	Deletion of: "Exposed and developed------2.7¢ per lin. ft'
1551 [second] -----	Deletion of this item, and

(b) Modification of the list set forth in the sixteenth recital of the proclamation specified in clause (e) of the third recital hereof on and. after the thirtieth day following the notification by the United States referred to in clause (a) of the sixteenth recital hereof made under the agreement specified in clause (n) of the twelfth recital hereof:

Item	Modification of List
1406------------	Deletion of "labels and flaps--------21¢ lb.";

18. Whereas on and after the day specified in clause (b) of the sixteenth recital of this Proclamation, as a result of the proclamation hereinafter, of the modifications and continuance required or appropriate to carry out paragraphs (1) and (3) of the agreement specified in clause (h) of the second recital of this Proclamation and of the agreements specified in clauses (b) and (d) of the twelfth recital hereof, the first and second proclamations specified in clause (b) of the third recital of this Proclamation, insofar as they give effect to the concessions provided for in item 412 in Part I of the agreement specified in clause (b) of the second recital hereof, and the proclamation specified in clause (g) of the third recital hereof will no longer be required or appropriate to carry out a trade agreement;

19. Whereas the modification of the concessions provided for in the item specified in clause (d) of the fifth recital of this Proclamation, hereinafter proclaimed to carry out item 412 in the schedule annexed to the agreement specified in clause (d) of the twelfth recital hereof, will provide for articles specified in such items the same rate of duty as was found by the President in the seventh recital of the third proclamation specified in clause (b) of the third recital hereof to be necessary to remedy serious injury to the domestic industry producing like products, and consequently, on and after the day specified in clause (b) of the sixteenth recital hereof that proclamation will no longer be required to remedy such serious injury; and

20. Whereas section 350(a) (6) of the Tariff Act of 1930, as amended, authorizes the President to terminate, in whole or in part, any proclamation made pursuant to that section:

Now, Therefore, I, John F. Kennedy, 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:

PART I.

To the end that foreign trade agreements, including particularly the General Agreement and the agreements specified in clause (h) of the second recital of this Proclamation and in the twelfth recital hereof, may be carried out:

1. Subject to the provisions of paragraph 2 of this Part, and to the exception, with respect to item 765 in the United States schedule to the agreement specified in clause (1) in the twelfth recital, set forth in clause (a) of the sixteenth recital hereof, 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 are specified or provided for in paragraphs (1) and (3) of the agreement specified in clause (h) of the second recital of this Proclamation and in the general provisions of, and schedules of United States concessions to, the agreements specified in the twelfth recital of this Proclamation, effective as to articles entered for consumption or withdrawn from warehouse for consumption as follows:

(a) Each rate of duty or import tax specified in column A at the right of the respective description of products in a schedule of the United States to an agreement specified in this paragraph or, in any case in which there are two such rates in column A, the first such rate:

(i) In the case of a rate specified in the schedule to an agreement specified in clause (h) of the second recital of this Proclamation or in clause (a), (b), (c), (d), (e), or (q) of the twelfth recital hereof, on and after the date specified in clause (b) of the sixteenth recital hereof, and

(ii) In the case of a rate specified in any other agreement specified in the twelfth recital hereof, on and after the date referred to in the fifteenth recital hereof with respect to such agreement, which date shall be notified by the President to the Secretary of the Treasury and published in the FEDERAL REGISTER, and

(b) Each rate of duty or import tax specified in column B at the right of the respective description of products in a schedule of the United States to an agreement specified in this paragraph and, in any case in which there are two rates specified in column A at the right of the description, the second such rate: on and after the appropriate date determined in accordance with the provisions of the General Notes at the end of that schedule.

2. The application of the provisions of paragraph 1 of this Part shall be subject to:

(a) The applicable terms, conditions, and qualifications set forth in flip agreements specified in clause (h) of the second recital of this Proclamation and in the twelfth recital hereof, including the rights of suspension or withdrawal of concessions referred to in the fifteenth recital hereof, in Parts I, II and III of the General Agreement, in Annexes D, H, and I thereof and Schedules XX thereto, and in the agreement specified in clause (a) of the second recital hereof; including such supplementations of the foregoing as may be in effect with respect to the United States.

(b) 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 for consumption or withdrawn from warehouse for consumption, more favorable customs treatment is prescribed for that article by (i) a proclamation pursuant to section 350 of the Tariff Act of 1930, as amended, or (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 March 7, 1962.

3. On and after the applicable dates provided for in the seventeenth recital of this Proclamation the lists set forth in the sixteenth recitals of the proclamations specified in clauses (d) and (e) of the third recital hereof shall be modified as provided for in the seventeenth recital hereof.

PART II

On and after the day specified in clause (b) of the sixteenth recital of this Proclamation the proclamations specified in the eighteenth and nineteenth recitals hereof shall be terminated in whole or in part to the extent it is stated in such recitals that their continuation will no longer be required or appropriate.

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 30th day of April in the year of our Lord nineteen hundred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-sixth.

JOHN F. KENNEDY

By the President:

GEORGE W. BALL,

Acting Secretary of State