Proclamation.6763

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Dec. 23 / Administration of William J. Clinton, 1994

Sincerely,
William J. Clinton
NOTE: Identical letters were sent to Thomas S.
Foley, Speaker of the House of Representatives,
and Robert C. Byrd, President pro tempore of
the Senate. This letter was released by the Office
of the Press Secretary on December 23.

Proclamation 6763—To Implement
the Trade Agreements Resulting
From the Uruguay Round of
Multilateral Trade Negotiations, and
for Other Purposes
December 23, 1994
By the President of the United States
of America
A Proclamation
1. On April 15, 1994, the President entered into trade agreements resulting from
the Uruguay Round of multilateral trade negotiations (‘‘the Uruguay Round Agreements’’). In section 101(a) of the Uruguay
Round Agreements Act (‘‘the URAA’’) (Public Law 103–465; 108 Stat. 4809), the Congress approved the Uruguay Round Agreements listed in section 101(d) of that Act.
2. (a) Sections 1102(a) and (e) of the Omnibus Trade and Competitiveness Act of
1988, as amended (‘‘ the 1988 Act’’) (19
U.S.C. 2902(a) and (e)), authorize the President to proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment,
or such additional duties, as he determines
to be required or appropriate to carry out
any trade agreements entered into under
those sections.
(b) Accordingly, I have determined that
it is required or appropriate in order to carry
out the Uruguay Round Agreements, which
were entered into under sections 1102(a) and
(e) of the 1988 Act (19 U.S.C. 2902(a) and
(e)), that I proclaim the modifications and
continuances of existing duties, duty-free
treatments, excise treatments, and additional
duties set forth in the Annex to this proclamation.
3. (a) Section 111(a) of the URAA authorizes the President to proclaim such other
modification of any duty, such other staged
rate reduction, or such other additional du-

ties beyond those authorized by section 1102
of the 1988 Act (19 U.S.C. 2902) as the President determines to be necessary or appropriate to carry out Schedule XX—United
States of America, annexed to the Marrakesh
Protocol to the General Agreement on Tariffs and Trade 1994 (‘‘Schedule XX’’).
(b) Accordingly, I have determined that
it is necessary or appropriate to carry out
Schedule XX to proclaim such other modifications of duties, such other staged rate reductions, and such other additional duties,
beyond those authorized by section 1102 of
the 1988 Act (19 U.S.C. 2902), as are set
forth in the Annex to this proclamation.
4. Section 111(d) of the URAA requires
the President to proclaim the rate of duty
set forth in Column B of the table set forth
in that section as the column 2 rate of duty
for the subheading of the Harmonized Tariff
Schedule of the United States (‘‘HTS’’) that
corresponds to the subheading in Schedule
XX listed in Column A.
5. (a) Section 22(f) of the Agricultural Adjustment Act (‘‘the Adjustment Act’’) (7
U.S.C. 624(f)), as amended by section
401(a)(1) of the URAA, provides that, as of
the date of entry into force of the Agreement
Establishing the World Trade Organization
(‘‘the WTO Agreement’’), no quantitative
limitation or fee shall be imposed under that
section with respect to any article that is the
product of a World Trade Organization
member, as defined in section 2(10) of the
URAA.
(b) Section 401(a)(2) of the URAA further provides that, with respect to wheat,
amended section 22(f) of the Adjustment Act
(7 U.S.C. 624(f)) shall be effective on the
later of the date of entry into force of the
WTO Agreement or September 12, 1995.
(c) Accordingly, I have decided that it
is necessary to provide for the termination
of all quantitative limitations and fees previously proclaimed under section 22 of the
Adjustment Act (7 U.S.C. 624), other than
those for wheat, as provided in the Annex
to this proclamation.
6. (a) Section 404(a) of the URAA directs
the President to take such action as may be
necessary in implementing the tariff-rate
quotas set out in Schedule XX to ensure that

Administration of William J. Clinton, 1994
imports of agricultural products do not disrupt the orderly marketing of commodities
in the United States.
(b) Section 404(d)(3) of the URAA authorizes the President to allocate the inquota quantity of a tariff-rate quota for any
agricultural product among supplying countries or customs areas and to modify any allocation, as he determines appropriate.
(c) Section 404(d)(5) of the URAA authorizes the President to proclaim additional
U.S. note 3 to chapter 17 of the HTS, dealing
with imports of sugar, together with appropriate modifications thereto, to reflect
Schedule XX.
(d) Section 405 of the URAA directs the
President to cause to be published in the
Federal Register the list of special safeguard
agricultural goods and, if appropriate, to impose price-based or volume-based safeguards
with respect to such goods consistent with
Article 5 of the Agreement on Agriculture
annexed to the WTO Agreement, and authorizes the President to exempt from any
safeguard duty any goods originating in a
country that is a party to the North American
Free Trade Agreement (‘‘the NAFTA’’).
7. Presidential Proclamation No. 6641 of
December 15, 1993, implemented the
NAFTA with respect to the United States
and, pursuant to sections 201 and 202 of the
North American Free Trade Agreement Implementation Act (‘‘the NAFTA Act’’) (19
U.S.C. 3331 and 3332), incorporated in the
HTS the tariff modifications and rules of origin necessary or appropriate to carry out or
apply the NAFTA. Certain technical errors
were made in the Annexes to that proclamation. I have determined that, in order to reflect accurately the intended tariff treatment
and rules of origin provided for in the
NAFTA, it is necessary to modify certain provisions of the HTS, as set forth in the Annex
to this proclamation.
8. Presidential Proclamation No. 6455 of
July 2, 1992, implementing the Andean
Trade Preference Act (‘‘the ATPA’’) (19
U.S.C. 3201 et seq.), provided duty-free entry
for all eligible articles, and duty reductions
for certain other articles that are the product
of any designated beneficiary country under
that Act. Through technical error, the tariff
treatment of ethyl alcohol, ethyl tertiary-

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butyl ether, and mixtures containing these
products was incompletely stated. Accordingly, I have decided that it is appropriate
to modify the provisions of subchapter I of
chapter 99 of the HTS to provide fully for
the tariff treatment of such products under
the ATPA.
9. Section 242 of the Compact of Free Association (‘‘the Compact’’) between the
United States and Palau provides that, upon
implementation of the Compact, the President shall proclaim duty-free entry for most
products of designated freely associated
states. Such duty-free treatment, pursuant to
the Compact of Free Association Approval
Act (‘‘the Compact Act’’) (Public Law 99–
658; 100 Stat. 3672, 48 U.S.C. 1681 note),
is subject to the limitations of section 201
of the Compact Act and sections 503(b) and
504(c) of the Trade Act of 1974 (‘‘the 1974
Act’’) (19 U.S.C. 2463(b) and 2464(c)). In
Presidential Proclamation No. 6726 of September 27, 1994, I proclaimed that the Compact would enter into force on October 1,
1994. In order to accord such duty-free treatment to products of Palau, I have decided
that it is necessary and appropriate to modify
general note 10 to the HTS to designate the
Republic of Palau as a freely associated state.
Further, I have decided that it is appropriate
to modify general note 4(a) to the HTS,
which enumerates designated beneficiary
countries for purposes of the Generalized
System of Preferences, to delete Palau from
the list of non-independent countries and
territories.
10. Presidential Proclamation No. 5759 of
December 24, 1987, imposed increased rates
of duty on certain products of the European
Community (‘‘EC’’), in response to the EC’s
implementation of the Council Directive
Prohibiting the Use in Livestock Farming of
Certain Substances Having a Hormonal Action. Austria, Finland, and Sweden have indicated that they will become member states
of the EC on January 1, 1995. Accordingly,
to clarify that the increased rates of duty imposed by Proclamation No. 5759 continue to
apply to the EC in its capacity as a foreign
instrumentality, it is necessary to amend the
HTS to indicate that the duties are to be imposed on products of the EC, including products of all new and future member states,

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Dec. 23 / Administration of William J. Clinton, 1994

and not just on products of countries that
were members of the EC in 1987 and that
were listed in the HTS for illustrative purposes.
11. Additional U.S. note 24 to chapter 4
of Schedule XX provides for a delay in the
effective date, or prorating, of the expansion
of tariff-rate quotas for cheeses above the existing quota quantities provided for in subchapter IV of chapter 99 of the HTS that
will result from the implementation of
United States commitments under the Uruguay Round Agreements, in the case of countries or areas that implement their market
access commitments on a date later than the
effective date of Schedule XX. The current
members of the European Community (Belgium, Denmark, France, the Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg, the Netherlands, Portugal, Spain,
and the United Kingdom), Austria, Poland,
Sweden, and Switzerland all have indicated
their intention not to implement their market
access commitments until July 1, 1995. Accordingly, I have determined, pursuant to my
authority under sections 111 (a) and (b) of
the URAA and section 1102 of the 1988 Act
(19 U.S.C. 2902), that it is appropriate not
to make available the amounts specified in
section K of the Annex to this proclamation
until July 1, 1995.
12. Section 604 of the 1974 Act (19 U.S.C.
2483) authorizes the President to embody in
the HTS the substance of the relevant provisions of that Act, of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or
other import restriction.
Now, Therefore, I, William J. Clinton,
President of the United States of America,
acting under the authority vested in me by
the Constitution and the laws of the United
States of America, including but not limited
to section 604 of the 1974 Act (19 U.S.C.
2483), section 1102 of the 1988 Act (19
U.S.C. 2902), sections 201 and 202 of the
NAFTA Act (19 U.S.C. 3331 and 3332), and
title I and title IV of the URAA, do hereby
proclaim:
(1) In order to provide generally for the
tariff treatment being accorded under the
Uruguay Round Agreements, including 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, the
URAA, and the other authorities citied in this
proclamation, including the termination of
quantitative limitations and fees previously
imposed under section 22 of the Adjustment
Act (7 U.S.C. 624), the HTS is modified as
set forth in the Annex to this proclamation.
(2)(a) The modifications to the HTS made
by sections A (except with respect to paragraphs thereof specifying other effective
dates), C, E, and IJ of the Annex to this proclamation shall be effective with respect to
goods entered, or withdrawn from warehouse
for consumption, on and after January 1,
1995;
(b) The modifications to the HTS made
by sections B, D(1)–(5), F, G, H, and L of
the Annex to this proclamation, and by those
paragraphs of section A specifying effective
dates other than January 1, 1995, shall be
effective with respect to goods entered, or
withdrawn from warehouse for consumption,
on and after the dates set forth in such sections of the Annex;
(c) The modifications to the HTS made
by section D(6) of the Annex to this proclamation shall be effective with respect to
goods entered, or withdrawn from warehouse
for consumption, on and after the dates set
forth in such section, unless the United
States Trade Representative (USTR) announces that the scheduled staged duty reductions set forth in such Annex section are
being withheld because other major countries have not afforded adequate entity coverage under the Agreement on Government
Procurement annexed to the WTO Agreement, and so advises the Secretary of the
Treasury and publishes this information in
a notice in the Federal Register;
(d) The modifications to the HTS made
by section D(7) of the Annex to this proclamation shall be effective with respect to
goods entered, or withdrawn from warehouse
for consumption, on and after the date announced by the USTR in a notice published
in the Federal Register as the date on which
other major countries have afforded adequate entity coverage under the Agreement

Administration of William J. Clinton, 1994
on Government Procurement annexed to the
WTO Agreement; and
(e) Section K of the Annex to this proclamation, providing for a delay in implementation of the expansion of tariff-rate quotas
of cheeses, applies during the period January
1, 1995, through June 30, 1995, unless the
USTR determines that it is in the interest
of the United States for any such delays to
apply to a different period and publishes notice of the determination and applicable period in the Federal Register. The USTR also
is authorized to prorate over the applicable
period any of the quantities that may be imported.
(3) The USTR is authorized to exercise my
authority under section 404(d)(3) of the
URAA to allocate the in-quota quantity of
a tariff-rate quota for any agricultural product among supplying countries or customs
areas and to modify any allocation as the
USTR determines appropriate.
(4) The Secretary of Agriculture is authorized to exercise my authority to make determinations under section 405(a) of the URAA
and to publish those determinations in the
Federal Register.
(5) Effective January 1, 1995, in order to
clarify that the additional duty provided for
in
subheadings
9903.23.00
through
9903.23.35, inclusive, of the HTS shall apply
to new member states of the European Community, the superior text to those subheadings is modified as provided in the Annex
to this proclamation. The USTR is authorized
to alter the application of the increased duties imposed by Presidential Proclamation
No. 5957, as modified herein, by further
modifying the superior text to those subheadings so that it reflects accurately all member
states of the European Community or any
successor organization. Notice of any such
modification shall be published in the Federal Register.
(6) Whenever the rate of duty in the general subcolumn of rates of duty column 1 of
the HTS is reduced to ‘‘Free’’, all rates of
duty set forth in the special subcolumn of
column 1 shall be deleted from the HTS.
(7) The USTR, the Secretary of Agriculture, and the Secretary of the Treasury
are authorized to exercise my authority under
the statutes cited in this proclamation to per-

2529
form certain functions to implement this
proclamation, as assigned to them in the
Annex to this proclamation.
(8) Paragraphs (1)–(4), (6), and (7) shall
be effective on January 1, 1995, unless the
USTR announces prior to that date that the
WTO Agreement will not enter into force
on that date.
(9) All provisions of previous proclamations and Executive orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
In Witness Whereof, I have hereunto set
my hand this twenty-third day of December,
in the year of our Lord nineteen hundred
and ninety-four, and of the Independence of
the United States of America the two hundred and nineteenth.
William J. Clinton
[Filed with the Office of the Federal Register,
11:44 a.m., December 27, 1994]
NOTE: This proclamation will be published in the
Federal Register on January 4, 1995.

Memorandum on the Uruguay
Round Agreements
December 23, 1994
Memorandum for the United States Trade
Representative
Subject: Acceptance of the WTO Agreement
Being advised that Canada, the European
Community, Mexico, Japan, and other major
trading countries have committed to acceptance of the Uruguay Round Agreements, I
have determined that a sufficient number of
foreign countries are accepting the obligations of those Agreements, in accordance
with article XIV of the Agreement Establishing the World Trade Organization (WTO
Agreement), to ensure the effective operation of, and adequate benefits for the
United States under, those Agreements.
Pursuant to section 101(b) of the Uruguay
Round Agreements Act (Public Law 103–
465; 108 Stat. 4809) and section 301 of title
3, United States Code, I hereby direct the
United States Trade Representative, or his
designee, to accept the Uruguay Round