Proclamation 3856—Proclamation Amending Part 3 of the Appendix to the Tariff Schedules of the United States With Respect to the Importation of Agricultural Commodities

Whereas, pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), limitations have been imposed by Presidential proclamations on the quantities of certain dairy products which may be imported into the United States in any quota year; and

Whereas, in accordance with section 102 (3) of the Tariff Classification Act of 1962, the President by Proclamation No. 3548 of August 21, 1963, proclaimed the additional import restrictions set forth in part 3 of the Appendix to the Tariff Schedules of the United States; and

Whereas the import restrictions on certain dairy products set forth in part 3 of the Appendix to the Tariff Schedules of the United States as proclaimed by Proclamation No. 3548 have been amended by Proclamation No. 3558 of October 5, 1963, Proclamation No. 3562 of November 26, 1963, Proclamation No. 3597 of July 7, 1964, section 88 of the Tariff Schedules Technical Amendments Act of 1965 (79 Stat. 950), Proclamation No. 3709 of March 31, 1966, and Proclamation No. 3790 of June 30, 1967; and

Whereas, pursuant to said section 22 the Secretary of Agriculture has advised me there is reason to believe that the dairy products described hereinafter are being imported, and are practically certain to be imported, under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with the price support program now conducted by the Department of Agriculture for milk and butterfat, and to reduce substantially the amount of condensed and evaporated milk and cream processed in the United States from domestic milk and butterfat; and

Whereas, under the authority of section 22, I have requested the United States Tariff Commission to make an investigation with respect to this matter; and

Whereas the Secretary of Agriculture has determined and reported to me that a condition exists with respect to condensed and evaporated milk and cream, classifiable for tariff purposes under items 115.30, 115.35, and 115.40 of the Tariff Schedules of the United States which requires emergency treatment and that the limitations, hereinafter set forth, on the quantities of such dairy products which may be imported in a quota year should be imposed without awaiting the recommendations of the United States Tariff Commission with respect to such action; and

Whereas I find and declare that condensed and evaporated milk and cream classifiable for tariff purposes under items 115.30, 115.35, and 115.40 of the Tariff Schedules of the United States are being imported and are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective or materially interfere with the price support program now conducted by the Department of Agriculture for milk and butterfat, and to reduce substantially the amount of condensed and evaporated milk and cream processed in the United States from domestic milk and butterfat; and that a condition exists with respect thereto which requires emergency treatment and that the limitations, hereinafter set forth, on the quantities of such dairy products which may be imported in a quota year should be imposed without awaiting the recommendations of the United States Tariff Commission with respect to such action; and

Whereas I find and declare that for the purpose of the first proviso of section 22 (b) of the Agricultural Adjustment Act, as amended, the representative period for imports of such articles is the calendar year 1967; and

Whereas I find and declare that the imposition of the import restrictions hereinafter proclaimed is necessary in order that the entry, or withdrawal from warehouse, for consumption of such articles will not render or tend to render ineffective or materially interfere with the price support program now conducted by the Department of Agriculture for milk and butterfat, or reduce substantially the amount of condensed and evaporated milk and cream processed in the United States from domestic milk and butterfat;

Now, Therefore, I, Lyndon B. Johnson, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of section 22 of the Agricultural Adjustment Act, as amended, and the Tariff Classification Act of 1962, do hereby proclaim that part 3 of the Appendix to the Tariff Schedules of the United States is amended as follows:

Pending Presidential action upon receipt of the report and recommendation of the Tariff Commission with respect thereto, the quotas established by item 949.90 shall be applicable to articles entered in the 12-month period beginning January 1, 1968, and in each subsequent 12-month period. Such quotas shall not be applicable to quantities of articles covered by item 949.90, which were exported to the United States prior to the date of this amendment but not entered prior to the date of this amendment.

In Witness Whereof, I have hereunto set my hand this tenth day of June, in the year of our Lord nineteen hundred and sixty-eight and of the Independence of the United States of America the one hundred and ninety-second.

LYNDON B. JOHNSON