Proclamation 4561—Temporary Duty Increase on the Importation Into the United States of Certain Citizens Band (CB) Radio Transceivers

1. Pursuant to section 201(d)(1) of the Trade Act of 1974 (the Trade Act) (19 U.S.C. 2251(d)(1)), the United States International Trade Commission (USITC) on February 2, 1978, reported to the President (USITC Report 201-29) the results of its investigation under section 201 (b) of the Trade Act (19 U.S.C. 2251(b)). The USITC determined that Citizens Band (CB) radio transceivers, provided for in item 685.25 (which was changed to item 685.28 by Executive Order 12032, and which is now being changed to item 685.27 by the Annex to this proclamation) of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing articles like or directly competitive with the imported articles. The USITC was divided on its remedy recommendations to the President.

2. On March 27, 1978, pursuant to section 202(b)(1) of the Trade Act (19 U.S.C. 2252(b)(1)), and after taking into account the considerations specified in section 202(c) of the Trade Act (19 U.S.C. 2252 (c)), I determined to remedy or prevent the injury or threat thereof found to exist by the USITC through the proclamation of a temporary duty increase. On March 27, 1978, in accordance with section 203(b) (1) of the Trade Act (19 U.S.C. 2253(b) (1)), I transmitted a report to the Congress setting forth my determination and intention to proclaim a temporary duty increase and stating the reasons why my decision differed from the actions recommended by the USITC.

3. Section 503(c) (2) of the Trade Act (19 U.S.C. 2463(c) (2)) provides that no article shall be eligible for purposes of the Generalized System of Preferences (GSP) for any period during which such article is the subject of any action proclaimed pursuant to section 203 of the Trade Act (19 U.S.C. 2253).

4. Section 203 (e) (1) of the Trade Act (19 U.S.C. 2253(e) (1)) requires that import relief be proclaimed and take effect within 15 days after the import relief determination date.

5. Pursuant to sections 203(a) (1), 203 (e) (1), and 503(c) (2) of the Trade Act (19 U.S.C. 2253(a)(1), 2253 (e)(1), and 2463(c) (2)), I am providing import relief through the temporary increase of import duty on, and the removal from eligibility for duty free entry under the GSP of, certain Citizens Band (CB) radio transceivers, including those capable of receiving signals on bands other than the Citizens Band, as hereinafter proclaimed.

Now, Therefore, I, Jimmy Carter, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes of the United States, including title V, section 604 and section 203 of the Trade Act (19 U.S.C. 2461 et seq.; 19 U.S.C. 2483; and 19 U.S.C. 2253), and in accordance with Article XIX of the General Agreement on Tariffs and Trade (GATT) (61 Stat. (pt. 5) A58; 8 UST (pt. 2) 1786), do proclaim that-

(l) Part I of Schedule XX to the GATT is modified to conform to the actions taken in paragraphs 2 and 3 of the Annex to this proclamation.

(2) General Headnote 3(c)(iii), part 5 of schedule 6, and subpart A, part 2 of the Appendix to the TSUS are modified as set forth in the Annex to this proclamation.

(3) Annex II of Executive Order No. 11888 of November 24, 1975, as amended, listing articles that are eligible for benefits of the GSP when imported from any designated beneficiary developing country, is further amended by adding item 685.29 (as added by the Annex to this proclamation), in numerical sequence.

(4) Annex III of Executive Order No. 11888, as amended, listing articles that are eligible for benefits of the GSP when imported from all designated beneficiary countries except those specified in General Headnote 3(c)(iii) of the TSUS, is amended by deleting item 685.28 therefrom.

(5) This proclamation shall be effective as to those articles entered, or withdrawn from warehouse, for consumption on or after April 11, 1978. The increased rates of duty provided for in the Annex to this proclamation shall apply only with respect to articles entered, or withdrawn from warehouse, for consumption before the close of April 10, 1981, unless the period of their effectiveness is earlier expressly modified or terminated.

In Witness Whereof, I have hereunto set my hand this seventh day of April in the year of our Lord nineteen hundred and seventy-eight, and of the Independence of the United States of America the two hundred second.

JIMMY CARTER