Proclamation 4807—Modification of Import Controls on Peanuts

1. Item 951.00 of Part 3 of the Appendix to the Tariff Schedules of the United States provides that no more than 1,709,000 pounds of peanuts described therein may be imported into the United States during any 12 month period beginning August 1 in any year. This limitation was proclaimed by the President in Proclamation No. 3019 of June 8, 1953 (18 FR 3361) and was amended in subsequent proclamations, under the authority of Section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624).

2. The President has delegated his authority under Section 22 of the Agricultural Adjustment Act of 1933, as amended, with respect to peanuts, to me as United States Trade Representative by memorandum dated December 3, 1980.

3. I have been advised by the Secretary of Agriculture that there is a substantial deficit in the domestic supply of peanuts, of the type and physical description described below, which are suitable for edible use. I have been further advised by the Secretary of Agriculture that he has reason to believe that an additional quantity of the peanuts described below may be imported without rendering or tending to render ineffective, or materially interfering with, the price support program of the Department of Agriculture with respect to peanuts, or reducing substantially the amount of any product processed in the United States from peanuts with respect to which such program is being undertaken.

4. I agree that there is reason for such belief by the Secretary of Agriculture. Therefore, I am requesting the United States International Trade Commission to make an immediate investigation with respect to this matter pursuant to Section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624), and to report its findings and recommendations to me as soon as possible.

5. The Secretary of Agriculture has also determined and reported to me that a condition exists with respect to peanuts which requires emergency treatment, and that the modification in the quantitative import limitations hereinafter proclaimed should be imposed without awaiting the report and recommendations of the United States International Trade Commission.

6. I find and declare that a condition exists which requires emergency treatment and that, without awaiting the recommendations of the United States International Trade Commission with respect to such action, an additional quantity of peanuts should be permitted entry, as hereinafter proclaimed, in order to meet domestic requirements for peanuts suitable for edible use, until supplies become available from the 1981 domestic crop. I also find and declare that the entry of such quantities of peanuts, under the conditions hereinafter proclaimed, will not render or tend to render ineffective, or materially interfere with, the price support operations now being conducted by the Department of Agriculture for peanuts, or reduce substantially the amount of any product processed in the United States from domestic peanuts.

Now, THEREFORE, I, REUBIN O'D. ASKEW, United States Trade Representative, acting pursuant to the authority vested in the President of the United States of America by the Constitution and Statutes of the United States of America, including section 22 of the Agricultural Adjustment Act of 1933, as amended, and delegated to me by memorandum dated December 3, 1980, do hereby proclaim:

(1) Part 3 of the Appendix to the Tariff Schedules of the United States is hereby modified by inserting in numerical sequence the following temporary provision:

Item Articles Quota quantity

951.01 Notwithstanding the quantitative limitation on the importation of peanuts described in item 951.00, an additional quantity of such peanuts, within the scope of such quota, may be entered during the period December 4, 1980 through June 30, 1981:

Provided, That the following certificates (or a bond for their production) for such peanuts shall be filed with the appropriate customs officer at the time of entry (except that such peanuts, blanched or otherwise prepared or preserved shall not require such certificates

(a) a certificate issued by the U.S. Department of Agriculture attesting to the fact that the peanuts meet the requirements as to quality, size, and wholesomeness that are specified in the Outgoing Quality Regulations of the Marketing Agreement for peanuts No. 146 (45 FR 41675?83 (June 20, 1980)) and

(b) a certificate issued by the U.S. Department of Agriculture laboratories or designated laboratories approved by the Peanut Administrative Committee attesting to the fact that the peanuts tested "negative" as to aflatoxin...................................................................200,000,000 pounds:

Provided, That peanuts in the shell shall be charged against this quota on the basis of 75 pounds for each 100 pounds of peanuts in the shell.

(2) The temporary provision added to Part 3 of the Appendix to the Tariff Schedules of the United States by paragraph (1) of this proclamation shall be deleted therefrom on July 1, 1981.

Signed this 4th day of December, 1980.
REUBIN O'D. ASKEW