Proclamation 3870—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, Proclamation No. 3790 of June 30, 1967, Proclamation No. 3822 of December 16, 1967, and Proclamation No. 3856 of June 10, 1968; and

Whereas, pursuant to said Section 22, the Secretary of Agriculture has advised me there is reason to believe that the articles for which import restrictions are hereinafter proclaimed 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 products 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 which requires emergency treatment with respect to the articles for which import restrictions are hereinafter proclaimed and that the limitations, hereinafter set forth, on the quantities of such articles 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 the articles for which import restrictions are hereinafter proclaimed 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 products 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 articles 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, except that the representative period for imports of the articles subject to the import quotas provided for in item 950.09B is the calendar years 1965 through 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 products 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:

(1) headnote 3(a) is amended by adding a new subdivision as follows:

(iii) For the purposes of items 950.10A, 950.10B, and 950.10C of this part, the purchase price shall be determined by the District Director of Customs on the basis of the aggregate price received by the exporter, including all expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, but excluding transportation, insurance, duty, and other charges incident to bringing the merchandise from the place of shipment from the country of exportation to the place of delivery in the United States.

(2) item 950.09 is redesignated 950.09A and a new item is inserted as follows:

(3) items 950.10A, 950.10B, and 950.10C are added following item 950.10, which read as follows:

Swiss or Emmenthaler cheese with eye formation; Gruyere process cheese; and cheese and substitutes for cheese containing, or processed from, such cheeses; all the foregoing, if shipped otherwise than in pursuance to a purchase, or if having a purchase price under 47 cents per pound (see headnote 3(a) (iii) of this part):

The quotas established by this proclamation shall be applicable pending the report and recommendations of the Tariff Commission and action thereon by the President. Such quotas shall not be applicable to quantities of articles covered by this proclamation, which were exported to the United States, but not entered, prior to the date of this proclamation, to the extent such quantities arc in excess of the quotas therefor. Notwithstanding headnote 3(a)(i), import licenses shall not be required for articles subject to the quotas provided for in this proclamation for the 12-month period ending December 31, 1968.

In Witness Whereof, I have hereunto set my hand this twenty-fourth day of September, 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-third.

LYNDON B. JOHNSON