Proclamation 3967—Adjustment of Duties on Certain Sheet Glass

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, the President, by Proclamation No. 2761A of December 16, 1947, No. 2929 of June 2, 1951, and No. 3140 of June 13, 1956 (61 Stat. (pt. 2) 1103, 65 Stat. c12, and 70 Stat. c33), proclaimed such modifications of existing duties as were found to be required or appropriate to carry out trade agreements into which he had entered;

2. Whereas among the proclaimed modifications were modifications in the rates of duty on glass of the kinds which are now provided for in items 542.11-.98 of the Tariff Schedules of the United States (hereinafter referred to as "sheet glass");

3. Whereas, pursuant to section 7 of the Trade Agreements Extension Act of 1951 and in accordance with Article XIX of the General Agreement on Tariffs and Trade (61 Stat. (pt. 5) A58; 8 UST (pt. 2) 1786), the President by Proclamation No. 3455 of March 19, 1962 (76 Stat. 1454), as modified by Proclamation No. 3458 of March 27, 1962 (76 Stat. 1457), proclaimed, effective after the close of business June 17, 1962, and until the President otherwise proclaimed, increased duties on imports of sheet glass;

4. Whereas, after compliance with the requirements of Section 102 of the Tariff Classification Act of 1962 (76 Stat. 73), the President by Proclamation No. 3548 of August 21, 1963 (77 Stat. 1017), proclaimed, effective on and after August 31, 1963, the Tariff Schedules of the United States (TSUS), which reflected, with modifications, and, in effect, superseded, Proclamation No. 3455 by providing for the increased duties on imports of sheet glass in Subpart A of Part 2 of the Appendix to the TSUS;

5. Whereas, pursuant to section 351(c) (1) (A) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(c) (1) (A)) and in accordance with Article XIX of the General Agreement on Tariffs and Trade, the President by Proclamation No. 3762 of January 11, 1967 (81 Stat. 1076), terminated the increased duties on imports of certain sheet glass, and reduced the increased duties on other sheet glass;

6. Whereas, pursuant to section 351(c) (2) of the Trade Expansion Act of 1962 (19 U.S.C. 1981(c) (2)) and in accordance with Article XIX of the General Agreement on Tariffs and Trade, the President by Proclamation No. 3816 of October 11, 1967 (81 Stat. 1139) and Proclamation No. 3951 of December 24, 1969 (34 F.R. 20381), extended the remaining increased rates of duty on imports of sheet glass provided for in Subpart A of Part 2 of the Appendix to the TSUS to the close of March 31, 1970;

7. Whereas the United States Tariff Commission has submitted to me a report of its Investigation No. TEA-I15 under section 301(b) of the Trade Expansion Act of 1962 (19 U.S.C. 1901(b)), on the basis of which investigation and a hearing duly held in connection therewith the members of said Commission divided, with respect to sheet glass, into two groups composed of an equal number of Commissioners, one group being unanimously agreed that sheet glass is, as a result in major part of concessions granted under trade agreements, being imported into the United States in such increased quantities as to cause serious injury to the domestic industry producing like or directly competitive articles; and the other group being unanimously agreed that sheet glass is not, as a result in major part of concessions granted under trade agreements, being imported into the United States in such increased quantities as to cause, or threaten to cause, serious injury to the domestic industry producing like or directly competitive articles;

8. Whereas under the authority of section 330(d) (1) of the Tariff Act of 1930, as amended (19 U.S.C. 1330(d) (1)), I consider the affirmative finding of the first group of Commissioners as the finding of the Tariff Commission with respect to injury; and

9. Whereas I have determined that the rates of duty hereinafter proclaimed are, when coupled with adjustment assistance hereinafter provided, necessary to remedy serious injury to the sheet glass industry:

Now, Therefore, I, Richard Nixon, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including sections 201(a) (2), 302(a) (2) and (3), and 351(a) (1) of the Trade Expansion Act of 1962 (19 U.S.C. 1821 (a) (2), 19 U.S.C. 1902(a) (2) and (3), and 1981(a) (1)), and in accordance with Article XIX of the General Agreement on Tariffs and Trade, do proclaim that

1. The tariff concessions on sheet glass in Part I of Schedule XX to the General Agreement on Tariffs and Trade shall continue to be modified in part as provided for in paragraph 2 below;

2. Effective with respect to articles entered, or withdrawn from warehouse, for consumption during the period commencing on the date of this proclamation and terminating at the close of January 31, 1974, so much of Subpart A of Part 2 of the Appendix to the TSUS as follows item 922.50 and precedes item 924.00 is modified to read as set out in the annex to this proclamation; and

3. Provision is hereby made, with respect to the sheet glass industry, that: (a) its firms may request the Secretary of Commerce for certifications of eligibility to apply for adjustment assistance under Chapter 2 of Title III of the Trade Expansion Act of 1962; and (b) its workers may request the Secretary of Labor for certifications of eligibility to apply for adjustment assistance under Chapter 3 of Title III of the Trade Expansion Act of 1962.

In Witness Whereof, I have hereunto set my hand this 27th day of February in the year of our Lord nineteen hundred and seventy, and of the Independence of the United States of America the one hundred and ninety-fourth.

RICHARD NIXON