Proclamation 4482

by Gerald R. Ford

January 19, 1977

By the President of the United States of America

A Proclamation

Import quota limitations have been imposed on certain dairy products, including dried milk, pursuant to the provisions of Section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. 624). Those limitations are set forth in Part 3 of the Appendix to the Tariff Schedules of the United States, which schedules are hereinafter referred to as TSUS, under items 950.01, 950.02, and 950.03, and relate to products classified for tariff purposes under items 115.45, 115.50, 115.55, 115.60, and 118.05 of Schedule 1 of the TSUS.

The Secretary of Agriculture advised me that he had reason to believe that dried milk, containing not over 5.5 percent butterfat by weight, mixed with other ingredients (hereinafter referred to as dried milk mixtures) and thus classified for tariff purposes under items of the TSUS other than the items referenced above, are being, or are practically certain to be, imported under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price support program now conducted by the Department of Agriculture for milk, or to reduce substantially the amount of products processed in the United States from domestic milk.

The Secretary of Agriculture also recommended that there be an increase in the monetary limitation in headnote 2 (b) of Part 3 of the Appendix to the TSUS, which makes the quota restrictions provided for in Part 3 inapplicable to articles (except cotton and cotton waste) with an aggregate value of not over $10 in any shipment, if imported as samples for taking orders, for the personal use of the importer, or for research.

The Secretary of Agriculture further determined and reported to me that a condition existed with respect to dried milk mixtures which required emergency treatment and, as a result, Presidential Proclamation No. 4423 of March 26, 1976, was issued placing import restrictions upon certain dried milk mixtures without awaiting the recommendations of the United States International Trade Commission, hereinafter referred to as the Commission, such restrictions to continue in effect pending the report and recommendations of the Commission and action thereon by the President.

Under the authority of said Section 22, I requested the Commission to make an investigation with respect to these matters. The Commission has made its investigation and has reported to me its findings and recommendations.

On the basis of the information submitted to me, I find and declare that:

(a) The dried milk mixtures, upon which a limitation is hereinafter imposed, are being imported or are practically certain to be imported into the United States under such conditions and in such quantities as to render or tend to render ineffective, or materially interfere with, the price support program now conducted by the Department of Agriculture for milk, or to reduce substantially the amount of products processed in the United States from domestic milk;

(b) For the purpose of the first proviso of Section 22(b) of the Agricultural Adjustment Act, as amended, there is no representative period for imports of the said dried milk mixtures;

(c) the imposition of the import limitation hereinafter proclaimed is necessary in order that the entry, or withdrawal from warehouse, for consumption of such dried milk mixtures will not render or tend to render ineffective or materially interfere with, the price support program now conducted by the Department of Agriculture for milk, or reduce substantially the amount of products processed in the United States from domestic milk; and

(d) the monetary limitation in headnote 2 (b) of Part 3 of the Appendix to the TSUS, which makes the quota restrictions provided for in Part 3 inapplicable to articles (except cotton and cotton waste) with an aggregate value of $10 in any shipment, if imported as samples for taking orders, for the personal use of the importer, or for research, should be increased to $25 and that such in-crease will not result in imports which will tend to render ineffective, or materially interfere with, any price support program now conducted by the Department of Agriculture, or to reduce substantially the amount of any product processed in the United States from any agricultural commodity or product thereof with respect to any price support program which is being undertaken.

NOW, THEREFORE, I, GERALD R. FORD, President of the United States of America, by virtue of the authority vested in me by Section 22 of the Agricultural Adjustment Act, as amended, and Section 604 of the Trade Act of 1974 (88 Stat. 2073, 19 U.S.C. 2483), do hereby proclaim as follows:

1. Item 950.19 of Part 3 of the Appendix to the Tariff Schedules of the United States is amended to read as follows:

"	Articles	Quota Quantity
950.19	Dried milk (described in items 115.45, 115.50, 115.55, and 118.05) which contains not over 5.5 percent by weight of butterfat and which is mixed with other ingredients, including but not limited to sugar, if such mixtures contain over 16 percent milk solids by weight, are capable of being further processed or mixed with similar or other ingredients and are not prepared for marketing to the retail consumers in the identical form and package in which imported; all the foregoing mixtures provided for in items 182.98 and 493.16, except articles within the scope of other import restrictions provided for in this part	None

2. Headnote 2 (b) of Part 3 of the Appendix to the Tariff Schedules of the United States is amended to read as follows:

"(b) commercial samples of cotton or cotton waste of any origin in uncompressed packages each weighing not more than 50 pounds gross weight; and articles (except cotton and cotton waste) with an aggregate value of not over $25 in any shipment, if imported as samples for taking orders, for the personal use of the importer, or for research;".

3. This proclamation shall be effective on the third day following the day it is published in the Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of January, in the year of our Lord nineteen hundred seventy-seven, and of the Independence of the United States of America the two hundred and first.

GERALD R. FORD