June 11, 1976
TEMPORARY QUANTITATIVE LIMITATION ON THE IMPORTATION INTO THE UNITED STATES OF CERTAIN ARTICLES OF STAINLESS STEEL OR ALLOY TOOL STEEL
1. Pursuant to section 201(d) (1) of the Trade Act of 1974 (19 U.S.C. 2251(d) (1)), hereinafter referred to as "the Trade Act", the United States International Trade Commission, hereinafter referred to as the "USITC", on January 16, 1976, reported to the President (USITC Report 201-5) the results of its investigation under subsection (b) of section 201 of the Trade Act (19 U.S.C. 2251(b)). The USITC determined that certain articles of stainless steel or alloy tool steel provided for in items 608.52, 608.76, 608.78, 608.85, 608.88, 609.06, 609.07, and 609.08 of the Tariff Schedules of the United States (TSUS) are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry or industries producing articles like or directly competitive with the imported articles. The USITC recommended the imposition of certain quantitative restrictions on imports of the above specified articles.
2. On March 16, 1976, pursuant to section 202(b) (1) of the Trade Act (19 U.S.C. 2252 (b) (1) ), and after taking into account the considerations specified in section 202(c) of the Trade Act (19 U.S.C. 2252(c)), I determined to remedy the injury or threat thereof, found to exist by the USITC, through the negotiation of orderly marketing agreements pursuant to section 203 (a) (4) of the Trade Act (19 U.S.C. 2253(a) (4)); and announced my intention to negotiate such agreements limiting the export from foreign countries and the import into the United States of certain articles of stainless steel or alloy tool steel. I also announced my intention to unilaterally impose quantitative restrictions if satisfactory orderly marketing agreements were not negotiated successfully. On March 16, 1976, in accordance with Section 203 (b) (1) of the Trade Act (19 U.S.C. 2253(b) (1)), I transmitted a report to the Congress setting forth my determination and intention to negotiate orderly marketing agreements and stating the reasons why my decision differed from the action recommended by the USITC.
3. Section 203(e)(1) of the Trade Act (19 U.S.C. 2253(e)(1)) requires that import relief shall be proclaimed and take effect within 90 days after a Presidential determination to negotiate orderly marketing agreements under subsection (4) or (5) of section 203(a) of the Trade Act (19 U.S.C. 2253(a) (4), (5)).
4. Pursuant to the authority vested in the President by the Constitution and the statutes of the United States, including section 203(a) (4) of the Trade Act (19 U.S.C. 2253 (a) (4)), an orderly marketing agreement was concluded on June 11, 1976, between the Government of the United States of America and the Government of Japan limiting the export from Japan and the import into the United States of certain articles of stainless steel (except razor blade steel) or alloy tool steel provided for in items 608.52, 608.76, 608.78, 608.85, 608.88, 609.06, 609.07, and 609.08 of the TSUS, to be implemented as set forth in this proclamation.
5. Agreements not having been reached with other countries, I am also providing import relief, pursuant to section 203 (a) (3) and (5), (e)(1) and (g) (2) of the Trade Act (19 U.S.C. 2253 (a) (3) and (5), (e) (1) and (g) (2)), through the imposition of quantitative restrictions on the import into the United States (except as provided for in paragraph 4 above) of certain articles of stainless steel or alloy tool steel as hereinafter proclaimed.
6. In accordance with section 203 (d) (2) of the Trade Act (19 U.S.C. 2253(d) (2)) I have determined that the level of import relief hereinafter proclaimed pursuant to section 203 (a) of the Trade Act (19 U.S.C. 2253 (a)) permits the importation into the United States of a quantity or value of articles which is not less than the average annual quantity or value of such articles imported into the United States in the 1971-1975 period, which I have determined to be the most recent representative period for imports of such articles.
Now, Therefore, I, Gerald R. Ford, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes of the United States, including section 203 of the Trade Act (19 U.S.C. 2253) and section 301 of title 3, United States Code, and in accordance with Article XIX of the General Agreement on Tariffs and Trade (GATT) (61 Stat. (pt. 5) A58; 8 UST (pt. 2) 1786), do proclaim that: