For Immediate Release
Office of the Press Secretary
December 4, 2003
To Provide for the Termination of Action Taken with Regard to Imports of Certain Steel Products by the President of the United States of America a Proclamation
1. Proclamation 7529 of March 5, 2002, implemented actions
(safeguard measures) of a type described in section 203(a)(3)(A) and
(B) of the Trade Act of 1974, as amended (19 U.S.C. 2253(a)(3)(A) and
(B)) (the "Trade Act"), with respect to imports of certain flat steel
(consisting of slabs, plate, hot-rolled steel, cold-rolled steel, and
coated steel), hot-rolled bar, cold-finished bar, rebar, certain welded
tubular products, carbon and alloy fittings, stainless steel bar,
stainless steel rod, tin mill products, and stainless steel wire, as
defined in paragraph 7 of Proclamation 7529 (collectively, "certain
steel products").
2. In Proclamation 7529 and Proclamation 7576 of July 3, 2002, I
authorized the United States Trade Representative (USTR) to further
consider any request for exclusion of a particular product and upon
finding that a particular product should be excluded, to modify the
provisions of the Harmonized Tariff Schedule of the United States (HTS)
created by the Annex to Proclamation 7529 to exclude such particular
product from the pertinent safeguard measure established in
Proclamation 7529. Pursuant to that authorization, the USTR published
four notices of exclusions of products from the safeguard measures in
the Federal Register at 67 Fed. Reg
. 16484 (April 5, 2002), 67 Fed. Reg. 46221 (July 12, 2002), 67 Fed. Reg.
56182 (August 30, 2002), and 68 Fed. Reg. 15494 (March 31, 2003). The
USTR also published notice in the Federal Register of technical
corrections to that Annex.
3. In a Memorandum of March 5, 2002 (67 Fed. Reg. 10593), pursuant
to section 203(a)(3)(I) of the Trade Act (19 U.S.C. 2253(a)(3)(I)), I
instructed the Secretary of the Treasury and the Secretary of Commerce
to establish a system of import licensing to facilitate the monitoring
of imports of certain steel products. To provide for efficient and
fair administration of this action, pursuant to section 203(g) of the
Trade Act, I instructed the Secretary of Commerce to publish
regulations in the Federal Register establishing such a system of
import licensing (the "Licensing System"). Those regulations were
published on December 31, 2002, at 67 Fed. Reg. 79845.
4. Section 204(a) of the Trade Act (19 U.S.C. 2254(a)) requires
the United States International Trade Commission (ITC) to monitor
developments with respect to the domestic industry while action taken
under section 203 remains in effect. If the initial period of a
safeguard action exceeds 3 years, then the ITC must submit to the
President a report on the results of such monitoring not later than the
date that is the mid-point of the initial period of the safeguard
action. The ITC report in Investigation Number TA-204-9 was submitted
on September 19, 2003.
5. Section 204(b)(1)(A) of the Trade Act (19 U.S.C. 2254(b)(1)(A))
authorizes the President to reduce, modify, or terminate a safeguard
action if, after taking into account any report or advice submitted by
the ITC and after seeking the advice of the Secretary of Commerce and
the Secretary of Labor, he determines that changed circumstances
warrant such reduction, modification, or termination. The President's
determination may be made, inter alia, on the basis that the
effectiveness of the action taken under section 203 has been impaired
by changed economic circumstances.
6. In view of the information provided in the ITC report, and
having sought advice from the Secretary of Commerce and the Secretary
of Labor, I determine that the effectiveness of the actions taken under
section 203(a)(3)(A) and (B) of the Trade Act with respect to imports
of certain steel products and the exclusions from and technical
corrections to the coverage of Proclamation 7529 has been impaired by
changed economic circumstances. Accordingly, I have determined,
pursuant to section 204(b)(1)(A)(ii), that termination of the actions
taken under section 203(a)(3)(A) and (B) set forth in Proclamation 7529
taken with respect to certain steel imports is warranted. The action
taken under section 203(a)(3)(I) set forth in the Memorandum of March
5, 2002, requiring the licensing and monitoring of imports of certain
steel products remains in effect and shall not terminate until the
earlier of March 21, 2005, or such time as the Secretary of Commerce
establishes a replacement program.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the HTS the substance of the relevant provisions
of that Act, and 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, GEORGE W. BUSH, 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 sections 204 and 604 of the Trade Act and section 301 of
title 3, United States Code, do proclaim that:
(1) The HTS is modified as provided in the Annex to this
proclamation.
(2) The United States Trade Representative is authorized, upon his
determination that the Secretary of Commerce has established a
replacement program pursuant to paragraph 6 of this proclamation, to
terminate the action under section 203(a)(3)(I) of the Trade Act set
forth in the Memorandum of March 5, 2002, and the Licensing System and
to publish notice of this determination and action in the Federal
Register.
(3) Any 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.
(4) The modifications to the HTS made by this proclamation shall be
effective with respect to goods entered, or withdrawn from warehouse
for consumption, on or after 12:01 a.m., eastern standard time,
December 5, 2003.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth
day of December, in the year of our Lord two thousand three, and of the
Independence of the United States of America the two hundred and
twenty-eighth.
GEORGE W. BUSH
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