Proclamation 3822—To Carry Out Geneva (1967) Protocol to the General Agreement on Tariffs and Trade and Other Agreements

1. Whereas, pursuant to Section 350 of the Tariff Act of 1930, the President, on October 30, 1947, entered into, and by Proclamation No. 2761A of December 16, 1947 (61 Stat. (pt. 2) 1103), proclaimed, the General Agreement on Tariffs and Trade (hereinafter referred to as the "General Agreement"), containing a schedule of United States concessions designated as Schedule XX, which General Agreement, schedule, and proclamation have been supplemented by other agreements, schedules, and proclamations;

2. Whereas, after compliance with the requirements of Section 102 of the Tariff Classification Act of 1962 (76 Stat. 73), the President by Proclamation No. 3548 of August 21, 1963 (77 Stat. 1017), proclaimed, effective on and after August 31, 1963, the Tariff Schedules of the United States, which reflected, with modifications, and, in effect, superseded, Proclamation No. 2761A and proclamations supplementary thereto insofar as they relate to Schedule XX to the General Agreement;

3. Whereas, pursuant to Sections 221 and 224 of the Trade Expansion Act of 1962 (19 U.S.C. 1841 and 1844), the President, by a notice dated October 21, 1963, published and furnished to the United States Tariff Commission (hereinafter referred to as the "Tariff Commission"), lists of articles which might be considered for modification or continuance of duties or other import restrictions, including reductions in duties below the 50 percent limitation specified in Section 201 (b) (1) of the Trade Expansion Act of 1962 (19 U.S.C. 1821 (b) (1)), or continuance of duty-free or excise treatment in the negotiation of trade agreements (48 CFR Part 180, which lists were supplemented by lists published by the President and furnished by him to the Tariff Commission by the notices dated February 18, 1965 (48 CFR Part 181), August 16, 1966 (48 CFR Part 182), and April 22, 1967 (32 F.R. 6429), and the Tariff Commission, after holding public hearings, advised the President with respect to each such article of its judgment as to the probable economic effect of such modifications;

4. Whereas, pursuant to Sections 223 and 224 of the Trade Expansion Act of 1962 (19 U.S.C. 1843 and 1844) and in accordance with Section 3 (g) of Executive Order No. 11075 of January 15, 1963 (48 CFR 1.3 (g)), the Special Representative for Trade Negotiations, appointed by the President pursuant to Section 241 (a) of the Trade Expansion Act of 1962 (19 U.S.C. 1871 (a)), designated, on April 23, 1963, the Trade Information Committee to afford an opportunity, through public hearings and other means, for any interested person to present his views concerning any article on the lists identified in the third recital of this proclamation or any other matter relevant to the negotiation of trade agreements (48 CFR 202.3), and the Trade Information Committee, after holding public hearings, furnished the President with a summary of its hearings;

5. Whereas, pursuant to Section 222 of the Trade Expansion Act of 1962 (19 U.S.C. 1842), the President received information and advice with respect to the trade agreement identified in the seventh recital of this proclamation, from the Departments of Agriculture, Commerce, Defense, the Interior, Labor, State, and the Treasury, and from such other sources as he deemed appropriate, and, pursuant to Section 241 (b) of the Trade Expansion Act of 1962 (19 U.S.C. 1871 (b)), the Special Representative for Trade Negotiations received information and advice with respect to that agreement from representatives of industry, agriculture, and labor, and from such agencies as he deemed appropriate;

6. Whereas, pursuant to Section 201 (a) of the Trade Expansion Act of 1962 (19 U.S.C. 1821 (a)), the President determined that certain existing duties or other import restrictions of the United States, of foreign countries which were contracting parties to the General Agreement, or of foreign countries which sought to accede to the General Agreement, were unduly burdening and restricting the foreign trade of the United States and that one or more of the purposes stated in Section 102 of the Trade Expansion Act of 1962 (19 U.S.C. 1801) would be promoted by entering into the trade agreement identified in the seventh recital of this proclamation;

7. Whereas, pursuant to Section 201 (a) (1) of the Trade Expansion Act of 1962, on June 30, 1967, the President, through his duly empowered representative, entered into a trade agreement with other contracting parties to the General Agreement and with countries seeking to accede to the General Agreement, which trade agreement consists of the Geneva (1967) Protocol to the General Agreement, including a schedule of United States concessions annexed thereto (hereinafter referred to as "Schedule)0C (Geneva-1967)"), together with the Final Act Authenticating the Results of the 1964-67 Trade Conference Held under the Auspices of the Contracting Parties to the General Agreement (a copy of which Protocol, including Schedule XX annexed thereto, and a copy of which Final Act being annexed to this proclamation as Annex I);

8. Whereas each modification of existing duty proclaimed in this proclamation which provides with respect to an article for a decrease in duty below the limitation specified in Section 201 (b) (1) or 253 of the Trade Expansion Act of 1962 (19 U.S.C. 1821 (b) (1) or 1883) is authorized by one or more of the following provisions:

(a) Section 202 of the Trade Expansion Act of 1962 (19 U.S.C. 1822), by virtue of the fact that the rate of duty existing on July 1, 1962, applicable to the article was not more than 5 percent ad valorem (or ad valorem equivalent);

(b) Section 213 of the Trade Expansion Act of 1962 (19 U.S.C. 1833), by virtue of the fact that, after being advised by the Tariff Commission pursuant to that section, the President, prior to entering into the trade agreement identified in the seventh recital of this proclamation, determined, pursuant to that section, that the article was a tropical agricultural or forestry commodity, that the like article was not produced in significant quantities in the United States, and that the European Economic Community made a commitment with respect to duties or other import restrictions applicable to such article which is likely to assure access to its markets under the conditions set forth in that section;

(c) Section 254 of the Trade Expansion Act of 1962 (19 U.S.C. 1884), by virtue of the fact that the President determined, pursuant to that section, that the decrease authorized by that section will simplify the computation of the amount of duty imposed with respect to the article; and

(d) Section 203 of the Tariff Classification Act of 1962, as amended (76 Stat. 882), Section 2(b) of Public Law 89-204 (79 Stat. 839), Section 3(a) of the Tariff Schedules Technical Amendments Act of 1965 (79 Stat. 933), Section 4 of Public Law 89-388 (80 Stat. 110), and Section 1 of Public Law 90-14 (81 Stat. 14);

9. Whereas, in the case of each decrease in duty of the type specified in clause (a) or (c) of the eighth recital of this proclamation which involves the determination of the ad valorem equivalent of a specific rate of duty, and in the case of each modification in the form of an import duty, the Tariff Commission determined, pursuant to Section 256(7) of the Trade Expansion Act of 1962 (19 U.S.C. 1886(7)) and in accordance with Section 5 (a) of Executive Order No. 11075 of January 15, 1963 (48 CFR 1.5 (a)), and at the direction of the President, the ad valorem equivalent of the specific rate or the specific equivalent of the ad valorem rate, as the case may be, on the basis of the value of imports of the article concerned during a period determined by it to be representative, utilizing, to the maximum extent practicable, the standards of valuation contained in Section 402 or 402a of the Tariff Act of 1930 (19 U.S.C. 1401a or 1402) applicable to such article during such representative period;

10. Whereas, pursuant to Section 201(a) (2) of the Trade Expansion Act of 1962, I determine that the modification or continuance of existing duties or other import restrictions and the continuance of existing duty-free or excise treatment hereinafter proclaimed are required or appropriate to carry out the trade agreement identified in the seventh recital of this proclamation and related parts of other agreements; and

11. Whereas, pursuant to Section 304(a) (3) (J) of the Tariff Act of 1930 (19 U.S.C. 1304(a) (3) (J)) and Section 258 of the Trade Expansion Act of 1962 (19 U.S.C. 1888), I find that the suspension of the effectiveness of the proviso to Section 304(a) (3) (J), with respect to the marking of the articles provided for in headnote 2 of Part 1 of Schedule 2 of the Tariff Schedules of the United States (added thereto by Section A of Annex II to this proclamation), is required to carry out the trade agreement identified in the seventh recital of this proclamation:

Now, Therefore, I, Lyndon B. Johnson, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including but not limited to Sections 201, 202, 213, and 254 of the Trade Expansion Act of 1962, do proclaim that:

(1) Subject to the applicable provisions of the General Agreement, the Geneva (1967) Protocol, and other agreements supplemental to the General Agreement, the modification or continuance of existing duties or other import restrictions and the continuance of existing duty-free or excise treatment, provided for in Schedule XX (Geneva-1967), shall be effective on and after January 1, 1968, as provided for therein; and

(2) To this end and to give effect to related parts of other agreements, the Tariff Schedules of the United States are modified, effective on and after January 1, 1968, as provided for in Annexes II and III to this proclamation.

In Witness Whereof, I have hereunto set my hand this 16th day of December in the year of our Lord nineteen hundred and sixty-seven, and of the Independence of the United States of America the one hundred and ninety-second.

LYNDON B. JOHNSON

The White House

Washington, D.C.