Proclamation 4138—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 articles 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; Proclamation No. 3856 of June 10, 1968; Proclamation No. 3870 of September 24, 1968; Proclamation No. 3884 of January 6, 1969; and Proclamation No. 4026 of December 31, 1970; and

Whereas, pursuant to said section 22, the Secretary of Agriculture advised me there was 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, or to reduce substantially the amount of products processed in the United States from domestic milk; and

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

Whereas, the United States Tariff Commission has made an investigation under the authority of said section 22 with respect to this matter and has reported to me its findings and recommendations made in connection therewith; and

Whereas, on the basis of such investigation and report, 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 or to reduce substantially the amount of products processed in the United States from domestic milk; 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 1970; and

Whereas, on the basis of such investigation and report, 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 or to reduce substantially the amount of products processed in the United States from domestic milk; and

Whereas, I find and declare that the allocation of shares of the import quotas proclaimed herein among the countries of origin shall be based upon the proportion of such articles supplied by such countries during the calendar year 1970, taking due account of any special factors which may have affected or may be affecting the trade in the articles concerned;

Now, Therefore, I, Richard Nixon, 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:

1. Items 950.10B, 950.10C, 950.10D, and 950.10E of Part 3 of the Appendix to the Tariff Schedules of the United States are amended to read as follows:

2. Headnote 3 (a) of Part 3 of the Appendix to the Tariff Schedules of the United States is amended by adding a new subdivision as follows:

(v) For the purposes of items 950.10B through 950.10E, the price referred to therein, to be determined in accordance with this subdivision, shall be the Commodity Credit Corporation purchase price for Cheddar cheese, U.S. Grade A or higher, standard moisture basis, under the milk price support program, rounded to the nearest whole cent, plus 7 cents, which price shall be determined by the Secretary of Agriculture, certified to the Secretary of the Treasury, and published in the Federal Register. A change of price determined in accordance with this subdivision shall not cause an article to be subject to the import restrictions contained in this part if, on or before the date of publication in the Federal Register of the change of price, such article was exported to the United States on a through bill of lading or placed in bonded warehouse.

3. Articles, subject to the quotas provided for herein, having a purchase price of 47 cents or more, which on or before the effective date of this proclamation were exported to the United States on a through bill of lading or placed in bonded warehouse, shall not be denied entry during the calendar year 1972 under the import restrictions herein proclaimed.

4. Notwithstanding headnote 3(a) (i) of the Appendix to the Tariff Schedules of the United States, import licenses shall not be required for the entry into the United States during the calendar year 1972 of articles subject to the quotas provided for herein having a purchase price of 47 cents or more.

5. The provisions of this proclamation shall become effective upon publication in the FEDERAL REGISTER.

In Witness Whereof, I hereunto set my hand this third day of June, in the year of our Lord nineteen hundred seventy-two and of the Independence of the United States of America the one hundred ninety-sixth.

RICHARD NIXON