Proclamation 3597—Proclamation Correcting Part 3 of the Appendix to the Tariff Schedules of the United States with Respect to the Importation of Agricultural Commodities

Whereas headnote 1 to part 3 of the Appendix to the Tariff Schedules of the United States (77A Stat.), as published at the direction of the President pursuant to section 101(d) of the Tariff Classification Act of 1962, states that part 3 covers "the provisions proclaimed by the President pursuant to section 22 of the Agricultural Adjustment Act, as amended * * * imposing * * * quantitative limitations on articles imported into the United States * * *; and

Whereas the references to seed rye in headnote 2 (d) in part 3 of the Appendix to the Tariff Schedules of the United States are obsolete because there are no current import restrictions imposed on seed rye under section 22 of the Agricultural Adjustment Act, as amended; and

Whereas, by Proclamation No. 3019 of June 8, 1953 (3 CFR, 1949-1953 Comp., p. 189) which was issued pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624), the President imposed import quotas on certain dairy products, subject to allocation and license requirements administered by the Secretary of Agriculture, including an annual aggregate quota of 496,000 pounds upon imports of dried buttermilk, which was also applicable to dried whey; and

Whereas item 950.01 in part 3 of the Appendix to the Tariff Schedules of the United States includes dried buttermilk but does not include dried whey as being subject to the aforementioned annual quota of 496,000 pounds; and

Whereas, pursuant to section 102(3) of the Tariff Classification Act of 1962, the President proclaimed the additional import restrictions set forth in part 3 of the Appendix to the Tariff Schedules of the United States (Proclamation No. 3548 of August 21, 1963, paragraph numbered 3; 3 CFR, 1963 Supp., p. 73) in the erroneous belief that the quota specified in item 950.01 for dried buttermilk was the effective restriction "proclaimed pursuant to section 22 of the Agricultural Adjustment Act" as provided in section 102(3) of the Tariff Classification Act of 1962; and

Whereas the United States Tariff Commission has advised me that in the preparation of part 3 of the Appendix to the Tariff Schedules of the United States pursuant to title I of Public Law 768, 83d Congress, and the Tariff Classification Act of 1962, it inadvertently overlooked the fact that the aforementioned quota provisions of Proclamation No. 3019 applied to dried whey as well as to dried buttermilk; and

Whereas it would be contrary to the intent and purpose of, and the procedures prescribed by, section 22 of the Agricultural Adjustment Act, as amended, and the Tariff Classification Act of 1962 to permit these errors to remain uncorrected:

Now, Therefore, I, Lyndon B. Johnson, President of the United States of America, acting under and by virtue of the authority vested in me as President, and in conformity with the provisions of section 22 of the Agricultural Adjustment Act, as amended, and the Tariff Classification Act of 1962, do hereby proclaim that-

  (a) headnote 2(d) of part 3 of the Appendix to the Tariff Schedules of the United States (77A Stat. 441) is hereby amended by deleting "seed rye or" from the first line thereof and "of 56 pounds each for rye and" from the seventh line thereof; and

  (b) the superior heading immediately preceding item 950.01 of part 3 of the Appendix to the Tariff Schedules of the United States (77A Stat. 442) is hereby amended to read as follows: "Dried milk, dried cream, and dried whey provided for in part 4 of schedule 1:”;

and the article description for item 950.01 is hereby amended by deleting "item 115.45" and inserting in lieu thereof "items 115.45 and 118.05".

In Witness Whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this seventh day of July in the year of our Lord nineteen hundred and sixty-four, and of the Independence of the United States of America, the one hundred and eighty-ninth.

LYNDON B. JOHNSON

By the President:

GEORGE W. BALL,

Acting Secretary of State.