Proclamation 4769—Extension of the Orderly Marketing Agreements and Temporary Quantitative Limitations on the Importation Into the United States of Color Television Receivers and Certain Subassemblies Thereof

1. By Proclamation 4634 of January 26, 1979, the President proclaimed, under the authority of the Constitution and the statutes of the United States, including sections 203(a) (5), (e)(3) and (g) (2) of the Trade Act of 1974 (19 U.S.C. 2253(a) (5), (e)(3) and (g) (2)) (the Trade Act), the implementation of the orderly marketing agreements entered into with Taiwan and with the Republic of Korea which imposed quantitative restrictions on imports from Taiwan and Korea of color television receivers and certain subassemblies thereof. The limitations applied to covered articles entered, or withdrawn from warehouse for consumption, on or after February 1, 1979, and were to continue through June 30, 1980, unless earlier modified or terminated. Proclamation 4759 of May 15, 1980, modified Proclamation 4634. The limitations currently in effect, applicable to articles provided for in items 923.74 through 923.83, inclusive of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202), will terminate at the close of June 30, 1980, unless extended by the President under section 203 (h) (3) of the Trade Act (19 U.S.C. 2253(h) (3)).

2. On May 16, 1980, the United States International Trade Commission (USITC), in accordance with sections 203(i) (3) and (5) of the Trade Act (19 U.S.C. 2253(i) (3) and (5)), reported the results of its investigation under section 203(i)(3) of the Trade Act (19 U.S.C. 2253(i) (3)) to the President (USITC Publication 1068). The USITC advised the President that termination of the import relief currently in effect with respect to certain color television receivers and subassemblies thereof will have an adverse effect on the domestic industry producing like or directly competitive products.

3. Section 203(h)(3) and (5) of the Trade Act (19 U.S.C. 2253(h)(3) and (5)) provides that any import relief instituted under the authority of section 203 may be extended by the President at a level no greater than that in effect at the time of extension if the President determines, after considering the advice of the USITC and the factors indicated in section 202(c) of the Trade Act (19 U.S.C. 2252(c)), that such extension is in the national interest.

4. In accordance with section 203(h) (3) of the Trade Act (19 U.S.C. 2253(h) (3)), I have determined that the level of import relief hereinafter proclaimed extends import relief at a level no greater than that in effect for the period of February 1, 1979 through June 30, 1980, and, having considered the advice given by the USITC in its report to the President and the factors indicated in section 202(c) of the Trade Act (19 U.S.C. 2252(c)), I have determined that the extension of the orderly marketing agreements with the Coordinating Council for North American Affairs and the Republic of Korea, covering certain color television receivers and subassemblies thereof as provided in the Annex to this proclamation, is in the national interest.

Now, Therefore, I, Jimmy Carter, President of the United States of America, acting under the authority vested in me in the Constitution and the statutes of the United States, including section 203 of the Trade Act (19 U.S.C. 2253), section 604 of the Trade Act (19 U.S.C. 2483), section 301 of Title 3 of the United States Code, and sections 4(b) (2) and 6(b) of the Taiwan Relations Act (22 U.S.C. 3303(b) (2) and 3305(b)), 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-

(1) Orderly marketing agreements, with respect to trade in certain color television receivers and subassemblies thereof, extending in part those currently in effect, were initialled June 28, 1980 by the Government of the United States of America and the Government of the Republic of Korea, and on June 28, 1980 by the American Institute in Taiwan and the Coordinating Council for North American Affairs. Both agreements will be signed in the near future.

These agreements, which will be made effective July 1, 1980, are to be implemented according to their terms and by the quantitative restrictions as directed in this proclamation, including the Annex.

(2) The Tariff Schedules of the United States (19 U.S.C. 1202) are modified as set forth in the Annex to this proclamation.

(3) The authority of the President under section 203(e)(2) of the Trade Act (19 U.S.C. 2253(e) (2)) to negotiate orderly marketing agreements with other foreign country suppliers of articles subject to this proclamation after any import relief proclaimed pursuant to section 203 (a) (1), (2), (3) or (5) of the Trade Act (19 U.S.C. 2253(a) (1), (2), (3) or (5)) takes effect is delegated to the United States Trade Representative (Trade Representative). The authority of the President, under section 203(e)(3) of the Trade Act (19 U.S.C. 2253(e)(3)) to determine that any agreement negotiated pursuant to section 203(a) (4) or (5) or 203(e) (2) of the Trade Act (19 U.S.C. 2253(a) (4) or (5) or 2253(e) (2)) is no longer effective, is delegated to the Trade Representative, to be exercised after consultation with representatives of the member agencies of the Trade Policy Committee. In the event of such a determination, the Trade Representative shall submit to the President a proclamation to implement import relief authorized by section 203(e) (3) of the Trade Act (19 U.S.C. 2253(e) (3)).

(4) The authority of the President in section 203(g)(1) and (2) of the Trade Act (19 U.S.C. 2253(g)(1) and (2)), having been delegated to the Secretary of the Treasury under section 5 (b) of Executive Order No. 11846, shall be exercised by the Secretary of the Treasury, upon direction by the Trade Representative, in consultation with representatives of the member agencies of the Trade Policy Committee.

(5) In exercising the authority delegated in paragraphs (3) and (4) above, the Trade Representative shall, in addition to other necessary actions, institute the following actions:

(a) Statistics on imports of articles covered by the agreements shall be collected on a monthly basis.

(b) If, for two years beginning on July 1, 1980, the quantity of imports of the articles covered by the agreements from sources other than those covered by the agreements described in paragraph (1) appears likely to disrupt the effectiveness of the provisions of the orderly marketing agreements described in paragraph (1) above, the Trade Representative may initiate consultations with those countries and may exercise the authority under 203 (g) (2) of the Trade Act (19 U.S.C. 2253 (g) (2)) to prevent further entry of such articles for the remainder of that restraint period or otherwise moderate or restrict imports of such articles from such countries. Before exercising this authority, the Trade Representative shall consult with representatives of the member agencies of the Trade Policy Committee.

(c) Should the Trade Representative, under the authority of this proclamation, determine to institute import restrictions on articles entered, or withdrawn from warehouse for consumption, from sources other than those covered by the agreements described in paragraph (1) that action shall be effective not less than eight days after the publication in the FEDERAL REGISTER Of the determination and any necessary changes in the TSUS.

(6) The Trade Representative shall take those actions and perform those functions for the United States which may be necessary concerning the administration, implementation, modification, amendment or termination of the agreements described in paragraph (1) of this proclamation, and any actions and functions necessary to implement paragraphs (3), (4) and (5) of this proclamation. In carrying out his responsibilities under this paragraph, the Trade Representative is authorized to delegate, to appropriate officials or agencies of the United States, authority to perform any functions necessary for the administration and implementation of the agreements or actions. The Trade Representative is authorized to make any changes in the TSUS which may be necessary to carry out the agreements or actions. Any changes in the agreements shall be effective not less than 8 days following their publication in the FEDERAL REGISTER.

(7) The Commissioner of Customs shall take those actions which the Trade Representative determines are necessary to carry out the agreements described in paragraph (1) of this proclamation and to implement any import relief under the authority of paragraphs (3), (4) and (5) of this proclamation, or any modification of it, with respect to the entry, or withdrawal from warehouse for consumption, into the United States of products covered by the agreements or by other import relief authorized above.

(8) The USITC shall issue reports and conduct the following surveys with respect to the certain color television receivers, and subassemblies thereof the subject of this proclamation:

(a) Quarterly surveys by calendar quarter to obtain from producers in the United States monthly data on production, shipments, inventories, employment, man-hours, prices, and other economic factors indicative of conditions in the U.S. industry. The initial surveys shall cover the second quarter of 1980. Subsequent surveys shall cover individual quarters with the last such survey covering the quarter which ends not less than. 60 days prior to the termination of the import relief. The USITC shall publish the results of the surveys within 45 days after the end of the surveyed quarter.

(b) Annual. Annual surveys to obtain data from producers in the United States by calendar quarter on profits, capacity, and annual data on capital expenditures and research and development expenditures; and to obtain from importers data by calendar quarter on prices, orders, and inventories. The initial surveys shall cover the calendar year 1980, and the results shall be published by March 31, 1981. The results of subsequent surveys shall be published by March 31 of each year thereafter so long as the import relief is in effect.

(9) This proclamation shall be effective as of July 1, 1980, and shall continue in force through June 30, 1982, unless the period of its effectiveness is earlier expressly modified or terminated.

In Witness Whereof, I have hereunto set my hand this thirtieth day of June, in the year of our Lord nineteen hundred and eighty, and of the Independence of the United States of America the two hundred and fourth.

JIMMY CARTER