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, and 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), 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;
2. WHEREAS by Proclamation No. 2761A of December 16, 1947 (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 first 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),(4) as well as by the said Proclamation of December 22, 1949, and by Proclamations Nos. 2874, 2884, and 2888 of March 1, April 27, and May 13, 1950 (15 F.R. 1217, 2479, and 3043);(5)
3. WHEREAS the second Item 771 of Part I of Schedule XX annexed to the said General Agreement provides as follows:
4. WHEREAS, on April 3, 1950, by a decision of the contracting parties to the said General Agreement, acting jointly, pursuant to paragraph 5(a) of Article XXV of the said General Agreement, the obligations of the United States under the said General Agreement were waived to the extent necessary to permit the use, in place of the amount of 350,000,000 bushels specified in the second proviso to the said second Item 771, the amount of 335,000,000 bushels in determining the additional quantity subject to the reduced duty provided for therein during the twelve-month period beginning on September 15, 1950;
5. WHEREAS, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350(a) of the Tariff Act of 1930, as amended by the said act of June 12, 1934, the period for the exercise of the authority under the said section 350 having been extended by the joint resolution approved April 12, 1940, until the expiration of three years from June 12, 1940 (ch. 96, 54 Stat. 107), the President of the Untied States of America entered into a trade agreement with the President of the United Mexican States on December 23, 1942 (57 Stat. 835) and proclaimed such trade agreement by proclamations dated December 28, 1942 (57 Stat. 833) and December 31, 1942 (57 Stat. 909);
6. WHEREAS the Government of the United States has agreed with the Government of the United Mexican States that the said trade agreement shall cease to be effective after December 31, 1950;
7. WHEREAS the final sentence of said section 350(a) authorizes the President of the United States to terminate in whole or in part any trade-agreement proclamation made under said section 350(a);
8. WHEREAS I determine that, following the termination of the said trade agreement specified in the fifth recital of this proclamation, the addition of the following items in the correct numerical order to the list in the seventh recital of the said proclamation of January 30, 1948, is required or appropriate to carry out on and after January 1, 1951, the said General Agreement specified in the first recital of this proclamation:
9. 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, 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;
10. 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 exclusive trade agreement on and after January 1, 1948, which proclamation has been supplemented by the supplemental proclamations referred to in the fourth recital of the said proclamation of December 22, 1949, by the said proclamation of December 22, 1949, by the said proclamation of March 1, 1950, by the said proclamation of April 27, 1950, and by the said proclamation of may 13, 1950;
11. WHEREAS I determine that, following the termination of the said trade agreement specified in the fifth recital of this proclamation, the rates of duty for the following descriptions of products in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, which are required or appropriate to carry out on and after January 1, 1951, the provisions of subparagraph (c) of numbered paragraph 2 of the said exclusive trade agreement specified in the ninth recital of this proclamation, are the rates specified below in the column at the right of the respective descriptions of products:
12. WHEREAS, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350(a) of the Tariff Act of 1930, as amended by the said act of June 12, 1934, the period for the exercise of the authority under the said section 350 having been extended by the joint resolution approved March 1, 1937, until the expiration of three years from June 12, 1937 (ch. 22, 50 Stat. 24), the President of the United States of America entered into a definitive trade agreement on November 6, 1939, with the President of the Republic of Venezuela (54 Stat. 2377), which definitive agreement was proclaimed by the President on November 16, 1939, and entered into full force on December 14, 1940, as proclaimed by the President on November 27, 1940 (54 Stat. 2402);
13. WHEREAS the item listed under Internal Revenue Code Section 3422 of Schedule II of the said definitive agreement with Venezuela referred to in the twelfth recital of this proclamation provides as follows:
14. WHEREAS the first item listed under Internal Revenue Code Section 3422 found in Part I of Schedule XX of the General Agreement specified in the first recital of this proclamation provides as follows:
15. WHEREAS upon the termination of the said proclamation of December 31, 1942, the said item 3422 set forth in the thirteenth recital of this proclamation and the said first item 3422 set forth in the fourteenth recital hereof will become fully effective;
16. WHEREAS I determine that it is required or appropriate to carry out the said trade agreements specified in the first and twelfth recitals of this proclamation on and after January 1, 1951, that crude petroleum, topped crude petroleum, and fuel oil derived from petroleum, including fuel oil known as gas oil, entered, or withdrawn from warehouse, for consumption in any calendar year in excess of an aggregate quantity of all such products equal to 5 per centum of the total quantity of crude petroleum processed in refineries in continental United States during the preceding calendar year, as provided in said item 3422 set forth in the thirteenth recital of this proclamation shall be subject to import tax at the rate of ½ per gallon;
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
(a) The said proclamation of December 16, 1947, as amended and rectified, is hereby terminated in part so that any additional quantity of potatoes other than certified seed potatoes, subject to the rate of 37 ½ cents per 100 pounds pursuant to the second proviso of the said section item 771 in Part I of Schedule XX of the said General Agreement, shall, during the twelve-month period beginning on September 15, 1950, not exceed the amount, if any, by which the estimate by the United States Department of Agriculture provided for in the said second proviso is less than 335,000,000 bushels of 60 pounds each.
(b) The said proclamations of December 28, and 31, 1942, relating to the said trade agreement with the United Mexican States, shall be terminated in whole as of the close of December 31, 1950.
PART II
To the end that the said trade agreement specified in the first 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 January 1, 1951, be further amended in the manner indicated in the eighth recital of this proclamation.
PART III
To the end that the said exclusive trade agreement specified in the ninth 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 January 1, 1951, be further amended in the manner indicated in the eleventh recital of this proclamation.
PART IV
To the end that the said trade agreements specified in the first and twelfth recitals of this proclamation may be carried out, crude petroleum, topped crude petroleum, and fuel oil derived from petroleum, including fuel oil known as gas oil, entered, or withdrawn from warehouse, for consumption in any calendar year beginning with the calendar year 1951, in excess of an aggregate quantity of all such products equal to 5 per centum of the total quantity of crude petroleum processed in refineries in continental United States during the preceding calendar year, specified in the said item 3422 set forth in the thirteenth recital of this proclamation, shall be subject to import tax at the rate of ½ cent per gallon.
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 sixth day of September, 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-fifth. [SEAL]
HARRY S. TRUMAN
By the President:
DEAN ACHESON,
Secretary of State.
(1) 3 CFR, 1948 Supp., p. 21.
(2) 3 CFR, 1948 Supp., p. 11.
(3) CFR, 1947 Supp.
(4) 3 CFR, 1949 Supp., p. 55.
(5) Supra.
2. WHEREAS by Proclamation No. 2761A of December 16, 1947 (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 first 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),(4) as well as by the said Proclamation of December 22, 1949, and by Proclamations Nos. 2874, 2884, and 2888 of March 1, April 27, and May 13, 1950 (15 F.R. 1217, 2479, and 3043);(5)
3. WHEREAS the second Item 771 of Part I of Schedule XX annexed to the said General Agreement provides as follows:
4. WHEREAS, on April 3, 1950, by a decision of the contracting parties to the said General Agreement, acting jointly, pursuant to paragraph 5(a) of Article XXV of the said General Agreement, the obligations of the United States under the said General Agreement were waived to the extent necessary to permit the use, in place of the amount of 350,000,000 bushels specified in the second proviso to the said second Item 771, the amount of 335,000,000 bushels in determining the additional quantity subject to the reduced duty provided for therein during the twelve-month period beginning on September 15, 1950;
5. WHEREAS, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350(a) of the Tariff Act of 1930, as amended by the said act of June 12, 1934, the period for the exercise of the authority under the said section 350 having been extended by the joint resolution approved April 12, 1940, until the expiration of three years from June 12, 1940 (ch. 96, 54 Stat. 107), the President of the Untied States of America entered into a trade agreement with the President of the United Mexican States on December 23, 1942 (57 Stat. 835) and proclaimed such trade agreement by proclamations dated December 28, 1942 (57 Stat. 833) and December 31, 1942 (57 Stat. 909);
6. WHEREAS the Government of the United States has agreed with the Government of the United Mexican States that the said trade agreement shall cease to be effective after December 31, 1950;
7. WHEREAS the final sentence of said section 350(a) authorizes the President of the United States to terminate in whole or in part any trade-agreement proclamation made under said section 350(a);
8. WHEREAS I determine that, following the termination of the said trade agreement specified in the fifth recital of this proclamation, the addition of the following items in the correct numerical order to the list in the seventh recital of the said proclamation of January 30, 1948, is required or appropriate to carry out on and after January 1, 1951, the said General Agreement specified in the first recital of this proclamation:
9. 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, 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;
10. 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 exclusive trade agreement on and after January 1, 1948, which proclamation has been supplemented by the supplemental proclamations referred to in the fourth recital of the said proclamation of December 22, 1949, by the said proclamation of December 22, 1949, by the said proclamation of March 1, 1950, by the said proclamation of April 27, 1950, and by the said proclamation of may 13, 1950;
11. WHEREAS I determine that, following the termination of the said trade agreement specified in the fifth recital of this proclamation, the rates of duty for the following descriptions of products in the ninth recital of the said proclamation of January 1, 1948, as amended and rectified, which are required or appropriate to carry out on and after January 1, 1951, the provisions of subparagraph (c) of numbered paragraph 2 of the said exclusive trade agreement specified in the ninth recital of this proclamation, are the rates specified below in the column at the right of the respective descriptions of products:
12. WHEREAS, pursuant to the authority vested in the President by the Constitution and the statutes, including section 350(a) of the Tariff Act of 1930, as amended by the said act of June 12, 1934, the period for the exercise of the authority under the said section 350 having been extended by the joint resolution approved March 1, 1937, until the expiration of three years from June 12, 1937 (ch. 22, 50 Stat. 24), the President of the United States of America entered into a definitive trade agreement on November 6, 1939, with the President of the Republic of Venezuela (54 Stat. 2377), which definitive agreement was proclaimed by the President on November 16, 1939, and entered into full force on December 14, 1940, as proclaimed by the President on November 27, 1940 (54 Stat. 2402);
13. WHEREAS the item listed under Internal Revenue Code Section 3422 of Schedule II of the said definitive agreement with Venezuela referred to in the twelfth recital of this proclamation provides as follows:
14. WHEREAS the first item listed under Internal Revenue Code Section 3422 found in Part I of Schedule XX of the General Agreement specified in the first recital of this proclamation provides as follows:
15. WHEREAS upon the termination of the said proclamation of December 31, 1942, the said item 3422 set forth in the thirteenth recital of this proclamation and the said first item 3422 set forth in the fourteenth recital hereof will become fully effective;
16. WHEREAS I determine that it is required or appropriate to carry out the said trade agreements specified in the first and twelfth recitals of this proclamation on and after January 1, 1951, that crude petroleum, topped crude petroleum, and fuel oil derived from petroleum, including fuel oil known as gas oil, entered, or withdrawn from warehouse, for consumption in any calendar year in excess of an aggregate quantity of all such products equal to 5 per centum of the total quantity of crude petroleum processed in refineries in continental United States during the preceding calendar year, as provided in said item 3422 set forth in the thirteenth recital of this proclamation shall be subject to import tax at the rate of ½ per gallon;
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
(a) The said proclamation of December 16, 1947, as amended and rectified, is hereby terminated in part so that any additional quantity of potatoes other than certified seed potatoes, subject to the rate of 37 ½ cents per 100 pounds pursuant to the second proviso of the said section item 771 in Part I of Schedule XX of the said General Agreement, shall, during the twelve-month period beginning on September 15, 1950, not exceed the amount, if any, by which the estimate by the United States Department of Agriculture provided for in the said second proviso is less than 335,000,000 bushels of 60 pounds each.
(b) The said proclamations of December 28, and 31, 1942, relating to the said trade agreement with the United Mexican States, shall be terminated in whole as of the close of December 31, 1950.
PART II
To the end that the said trade agreement specified in the first 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 January 1, 1951, be further amended in the manner indicated in the eighth recital of this proclamation.
PART III
To the end that the said exclusive trade agreement specified in the ninth 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 January 1, 1951, be further amended in the manner indicated in the eleventh recital of this proclamation.
PART IV
To the end that the said trade agreements specified in the first and twelfth recitals of this proclamation may be carried out, crude petroleum, topped crude petroleum, and fuel oil derived from petroleum, including fuel oil known as gas oil, entered, or withdrawn from warehouse, for consumption in any calendar year beginning with the calendar year 1951, in excess of an aggregate quantity of all such products equal to 5 per centum of the total quantity of crude petroleum processed in refineries in continental United States during the preceding calendar year, specified in the said item 3422 set forth in the thirteenth recital of this proclamation, shall be subject to import tax at the rate of ½ cent per gallon.
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 sixth day of September, 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-fifth. [SEAL]
HARRY S. TRUMAN
By the President:
DEAN ACHESON,
Secretary of State.
(1) 3 CFR, 1948 Supp., p. 21.
(2) 3 CFR, 1948 Supp., p. 11.
(3) CFR, 1947 Supp.
(4) 3 CFR, 1949 Supp., p. 55.
(5) Supra.