Proclamation 6640—Modification of Import Limitations on Certain Dairy Products

1. Quantitative limitations on imports of certain dairy products established pursuant to section 22 of the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 624) (the "Act"), are set forth in subchapter IV of chapter 99 of the Harmonized Tariff Schedule of the United States ("HTS").

2. In accordance with section 22 of the Act, the Secretary of Agriculture advised the President that he has reason to believe that changed circumstances exist with respect to the product coverage of the import quota for malted milk and articles of milk or cream, and that changed circumstances exist with respect to the import quota licensing requirement for dried cream and for malted milk and articles of milk or cream. The Secretary further advised that circumstances exist that require restoration of the quota treatment for margarine cheese that existed prior to the conversion of the Tariff Schedules of the United States to the HTS. Furthermore, the Secretary advised that circumstances exist that require that U.S. Note 3(a)(iii) to subchapter IV of chapter 99 of the HTS be clarified with respect to the term "other" countries as it appears in the subheadings subject to the provisions of such note.

3. Based upon this advice, the President directed the United States International Trade Commission (the "Commission") to initiate an investigation under section 22(d) of the Act (7 U.S.C. 624(d)) to determine whether the HTS should be modified with respect to: (a) the exclusion of cajeta not made from cow's milk, provided for in subheading 1901.90.30 of the HTS, from the quota on malted milk and articles of milk or cream; (b) the exclusion of inedible dried milk powders used for calibrating infrared milk analyzers, provided for in subheading 0404.90.20 of the HTS, from the quota on malted milk and articles of milk or cream; (c) the inclusion of margarine cheese, provided for in subheading 1901.90.30 of the HTS, under the quota for low-fat cheese, and the exclusion of margarine cheese from the quota on malted milk and articles of milk or cream; (d) the elimination of the import quota licensing requirement for dried cream and malted milk and articles of milk or cream; and (e) the modification of U.S. Note 3(a)(iii) to subchapter IV of chapter 99 of the HTS to clarify the term "other" countries as it appears in the subheadings subject to the provisions of such note.

4. After reviewing the facts and taking into account the report of the Commission based upon the investigation which it conducted, I have determined that the circumstances which required that cajeta not made from cow's milk and inedible dried milk powder used for calibrating infrared milk analyzers be included in the coverage of the quota for malted milk and articles of milk or cream no long exist. I have also determined that changed circumstances exist which require the elimination of the import quota licensing requirement for dried cream and for malted milk and articles of milk or cream. Furthermore, 1 have determined that changed circumstances exist which require that the HTS be modified with respect to the quota classification of margarine cheese, and that require the modification of U.S. Note 3(a)(iii) to subchapter IV of chapter 99 of the HTS to clarify the term "other" countries as it appears in the subheadings subject to the provisions of such note.

5. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483), confers authority upon the President to embody in the HTS the substance of relevant provisions of that Act, of other Acts affecting import treatment, and of actions taken thereunder.

Now, Therefore, I, William J. Clinton, President of the United States of America, acting under authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 22 of the Agricultural Adjustment Act of 1933, as amended, and section 604 of the Trade Act of 1974, as amended, do hereby proclaim that:

(1) The HTS is modified as provided in the annex to this proclamation.

(2) The modifications made by this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on and after the date of publication of this proclamation in the Federal Register.

In Witness Whereof, I have hereunto set my hand this fifteenth day of December, in the year of our Lord nineteen hundred and ninety-three, and of the Independence of the United States of America the two hundred and eighteenth.

WILLIAM J. CLINTON