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  4. SUPPLEMENTING PROCLAMATIONS NO. 2867 OF DECEMBER 22, 1949,(1) No. 2769 OF JANUARY 30, 1948,(2) AND No. 2764 OF JANUARY 1, 1948(3) RELATING TO TRADE AGREEMENTS

SUPPLEMENTING PROCLAMATIONS NO. 2867 OF DECEMBER 22, 1949,(1) No. 2769 OF JANUARY 30, 1948,(2) AND No. 2764 OF JANUARY 1, 1948(3) RELATING TO TRADE AGREEMENTS



1. WHEREAS, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended by section 1 of the act of June 12, 1934, by the joint resolution approved June 7, 1943, by sections 2 and 3 of the act of July 5, 1945 (ch. 474, 48 Stat. 943, ch. 118, 57 Stat. 125, ch. 269, 59 Stat. 410 and 411), and by sections 4 and 6 of the Trade Agreements Extension Act of 1949 (Public Law 307, 81st Congress), the period for the exercise of the said authority having been extended by section 3 of the Trade Agreements Extension Act of 1949 until the expiration of three years from June12, 1948, on October 10, 1949, I entered into a trade agreement providing for the accession to the General Agreement on Tariffs and Trade (Treaties and Other International Acts Series 1700) of the Governments of the Kingdom of Denmark, the Dominican Republic, the Republic of Finland, the Kingdom of Greece, the Republic of Haiti, the Republic of Italy, The Republic of Liberia, the Republic of Nicaragua, the Kingdom of Sweden, and the Oriental Republic of Uruguay, which trade agreement for accession consists of the Annecy Protocol of Terms of Accession to the General Agreement on Tariffs and Trade, dated October 10, 1949, including the annexes thereto (Dept. of State Pub. 3664):

2. WHEREAS by Proclamation No. 2867 of December 22, 1949 (14 F.R. 7723), I proclaimed such modifications of existing duties and the other import restrictions of the United States of America and such continuance of existing customs or excise treatment of articles imported into the United States of America as were then found to be required or appropriate to carry out the said trade agreement for accession on and after January 1, 1950, which proclamation has been supplemented by Proclamation No. 2874 of March 1, 1950 (15 F.R. 1217),(4) and Proclamation No. 2884 of April 27, 1950 (15 F.R. 2479)(4);

3. WHEREAS, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended by the acts specified in the first recital of this proclamation except the Trade Agreements Extension Act of 1949, the period for the exercise of the authority under the said section 350 having been extended by section 1 of the said act of July 5, 1945 (ch. 269, 59 Stat. 410), until the expiration of three years from June 12, 1945, on October 30, 1947, I entered into a trade agreement with the Governments of the Commonwealth of Australia, the Kingdom of Belgium, the United States of Brazil, Burma, Canada, Ceylon, the Republic of Chile, the Republic of China, the Republic of Cuba, the Czechoslovak Republic, the French Republic, India, Lebanon, the Grand Duchy of Luxemburg, the Kingdom of the Netherlands, New Zealand, the Kingdom of Norway, Pakistan, Southern Rhodesia, Syria, the Union of South Africa, and the United Kingdom of Great Britain and Northern Ireland, which trade agreement consists of the General Agreement on Tariffs and Trade and the related Protocol of Provisional Application thereof, together with the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment which authenticated the texts of the said general agreement and the said protocol;

4. WHEREAS by Proclamation No. 2761A of December 16, 1947(5) (61 Stat. 1103), I proclaimed such modifications of existing duties and other import restrictions of the United States of America and such continuance of existing customs or excise treatment of articles imported into the United States of America as were then found to be required or appropriate to carry out the said trade agreement specified in the third recital of this proclamation on and after January 1, 1948, which proclamation has been supplemented by Proclamation No. 2769 of January 30, 1948 (13 F.R. 467), and the other supplemental proclamations referred to in the second recital of Proclamation No. 2867 of December 22, 1949 (14 F.R. 7723), as well as by the said Proclamation of December 22, 1949;

5. WHEREAS, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350 of the Tariff Act of 1930, as amended by the acts specified in the first recital of this proclamation except the Trade Agreements Extension Act of 1949, the period for the exercise of the authority under the said section 350 having been extended by section 1 of the said act of July 5, 1945 (ch. 269, 59 Stat. 410), until the expiration of three years from June 12, 1945, on October 30, 1947, I entered into an exclusive trade agreement with the Government of the Republic of Cuba (Treaties and Other International Acts Series 1703), which exclusive trade agreement includes certain portions of other documents made a part thereof and provides for the customs treatment in respect of ordinary customs duties of products of the Republic of Cuba imported into the United States of America;

6. WHEREAS by Proclamation No. 2764 of January 1, 1948 (3 CFR, 1948 Supp., p. 11), I proclaimed such modifications of existing duties and other import restrictions of the United States of America in respect of products of the Republic of Cuba and such continuance of existing customs and excise treatment of products of the Republic of Cuba imported into the United States of America as were then found to be required or appropriate to carry out the said exclusive trade agreement on and after January 1, 1948, which proclamation has been supplemented by the said Proclamation No. 2874 of March 1, 1950, and the other supplemental proclamations referred to in the fourth recital of the said Proclamation No. 2867 of December 22, 1949 (14 F.R. 7723) as well as by the said proclamation of December 22, 1949;

7. WHEREAS the trade agreement for accession specified in the first recital of this proclamation has been signed by the following Governments under such conditions that it will enter into force for those Governments, and such Governments will become contracting parties to the said general agreement, on the dates specified opposite the respective names of the countries:

Dominican Republic---------------May 19, 1950
Republic of Liberia-----------------May 20, 1950
Republic of Finland----------------May 25, 1950
Kingdom of Denmark-------------May 28, 1950
Republic of Nicaragua-------------May 28, 1950
Republic of Italy--------------------May 30, 1950

8. WHEREAS I determine that the application of each of the concessions provided for in Part I of Schedule XX in Annex A of the said trade agreement for accession which were withheld from application in accordance with paragraph 4 of the said trade agreement for accession by the said proclamation of December 22, 1949, as are identified in the following list is required or appropriate to carry out, on and after the date set forth following the identification of each such concession, the said trade agreement for accession:

9. Whereas I determine that, in view of the determination set forth in the eighth recital of this proclamation, the following modifications of the list set forth in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, are required or appropriate to carry out, on and after May 30, 1950, the said exclusive trade agreement specified in the fifth recital of this proclamation: (a) the deletion of Item 232(b), 233, the second Item 739, the first Item 743, the first Item 775, and Item 1552; (b) the revision of Item 703 by deleting therefrom the words, "made into sausages of any kind", and by inserting immediately after the word "or" therein the words "made into fresh pork sausage"; (c) the revision of the first Item 739 by deleting the words, "Orange, grapefruit, lemon," and substituting therefore the word "Grapefruit,"; and (d) the revision of Item 1530(e) by inserting therein immediately following the words, "Turn or turned: Boots and shoes" the words "(except for women or misses)";

10. WHEREAS I determine that, in view of the determination set forth in the eighth recital of this proclamation, the deletion of Items 501, 601, 603, 746, and both Items 752 from the list set forth in the seventh recital of the said proclamation of January 30, 1948, as amended and rectified, and the revision of Item 751 of such list to read

Jellies, jams, marmalades, and fruit butters (except guava, quince, pineapple, mango, papaya, mamey Colorado (calocarpum mammosum), sweetsop (annona squamosa), soursop (annona muricata), sapodilla (sapota achras), cashew apple (anacardium occidentale), and currant and other berry; and except orange marmalade)-------------------20% ad val.

are required or appropriate to carry out, on or after May 19, 1950, the said trade agreement specified in the third recital of this proclamation;

11. WHEREAS the said trade agreement for accession specified in the first recital of this proclamation and the said trade agreement specified in the third recital of this proclamation are to be supplemented by a fourth protocol of rectifications to the General Agreement, dated April 3, 1950, paragraph 3 of which protocol provides that the provisions thereof shall become an integral part of the said General Agreement on the day on which the said protocol has been signed by all the governments which are at that time contracting parties, and a copy of which, in the English and French language, is annexed to this proclamation;

12. WHEREAS the amendment contained in the protocol Modifying Article XXVI of the General Agreement on Tariffs and Trade, which protocol is dated August 13, 1949 and is specified in the fifteenth recital of the said proclamation of December 22, 1949, had on March 28, 1950 been accepted by two-thirds of the contracting parties to the said general agreement, including the United States of America;

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including the said section 350 of the Tariff Act of 1930, as amended, do proclaim as follows:

PART I

To the end that the said trade agreement for accession specified in the first recital of this proclamation may be carried out, the identification of each of the concessions provided for in Part I of the said Schedule XX in Annex A which is included in the eighth recital of this proclamation shall, on and after the date set forth following the identification of each such concession, be included in the list set forth in the ninth recital of the said proclamation of December 22, 1949, as supplemented by the list set forth in the sixth recital of the said proclamation of March 1, 1950, and by the list set forth in the sixth recital of the said proclamation of April 27, 1950.

PART II

To the end that the said exclusive trade agreement specified in the fifth recital of this proclamation may be carried out, the list set forth in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, shall on and after may 30, 1950, be further amended in the manner indicated in the ninth recital of this proclamation.

PART III

To the end that the said trade agreement specified in the third recital of this proclamation may be carried out, the list set forth in the seventh recital of the said proclamation of January 30, 1948, as amended and rectified, shall on and after may 19, 1950, be further amended in the manner indicated in the tenth recital of this proclamation.

PART IV

To the end that the said trade agreement specified in the third recital of this proclamation may be carried out, effective on and after March 28, 1950, the provisions of Part II of the said trade agreement shall be applied as amended by the said Protocol Modifying Article XXVI of the said general agreement specified in the twelfth recital of this proclamation.

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 13th day of May in the year of our Lord, nineteen hundred and fifty, and of the Independence of the United States of America the one hundred and seventy-fourth. [SEAL]

HARRY S. TRUMAN

By the President:

JAMES E. WEBB,
Acting Secretary of State.

(1) 3 CFR, 1949 Supp., p. 55.
(2) 3 CFR, 1948 Supp., p. 21.
(3) 3 CFR, 1948 Supp., p. 11.
(4) Supra.
(5) 3 CFR, 1947 Supp.