Proclamation 4480—Continuance of Duty on Certain Brandy

1. Proclamation No. 4478, of November 26, 1976, modifies item 945.16 of the Appendix to the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) to change the rates of duty on certain brandy provided for in items 168.28 and 168.32 of the TSUS to $3 per gallon, effective with respect to all articles that are both (i) imported, and (ii) entered, or withdrawn from warehouse, for consumption on and after December 10, 1976.

2. Pursuant to Section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135(c)), as noted in recital 5 of Proclamation No. 4478, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the obligations of the United States. Section 125(b) of the Trade Act of 1974 (19 U.S.C. 2135 (b)) authorizes the termination, in whole or in pert, of any proclamation issued pursuant to the Trade Act of 1974.

3. I have determined that the rate of duty for brandy, provided for in items 168.28 and 168.32, TSUS, valued over $17 per gallon, should continue to be $5 per gallon.

Now, Therefore, I, Gerald R. Ford, President of the United States of America, acting under the authority vested in me by the Constitution and statutes of the United States of America, including Section 125 of the Trade Act of 1974, in the exercise of the rights of the United States, do hereby proclaim, until the President otherwise proclaims or until otherwise superseded by law, that:

A. Paragraph A of the dispositive part of Proclamation No. 4478 is terminated.

B. Proclamation No. 4478 of November 26, 1976, is amended by deleting paragraph B of the dispositive part thereof and by substituting in lieu thereof the following paragraphs B and C:

"B. (1) Proclamation No. 4304 of July 16, 1974, is terminated to the extent inconsistent with this proclamation.

"(2) Subpart B of part 2 of the Appendix to the TSUS is modified by deleting therefrom item number 945.16, and by inserting in lieu thereof the following new items:

"C. (1) The modifications made by paragraph B of this proclamation shall be effective as to all articles that are both

(i) imported, and

(ii) entered, or withdrawn from warehouse, for consumption, on or after December 26, 1976.

(2) Articles imported before December 26, 1976, but thereafter entered, or withdrawn from warehouse, for consumption, shall receive, the rate of duty applicable at the time of importation."

C. This proclamation shall be effective as of November 26, 1976.

In Witness Whereof, I have hereunto set my hand this eighth day of December, in the year of our Lord nineteen hundred seventy-six, and of the Independence of the United States of America the two hundred and first.

GERALD R. FORD