Special Observances: China; Passenger Vehicle and Light Truck Tires, Imports (Proc. 8414), 47859-47863 [E9-22507]

Agencies

[Federal Register: September 17, 2009 (Volume 74, Number 179)]
[Presidential Documents]
[Page 47859-47863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se09-93]


[[Page 47859]]

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Part II





The President





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Proclamation 8414--To Address Market Disruption From Imports of Certain
Passenger Vehicle and Light Truck Tires From the People's Republic of
China


                        Presidential Documents




___________________________________________________________________

Title 3--
The President

[[Page 47861]]

                Proclamation 8414 of September 11, 2009


                To Address Market Disruption From Imports of
                Certain Passenger Vehicle and Light Truck Tires From
                the People's Republic of China

                By the President of the United States of America

                A Proclamation

                1. On July 9, 2009, the United States International
                Trade Commission (USITC) transmitted to me a report on
                its investigation under section 421 of the Trade Act of
                1974, as amended (the ``Trade Act'') (19 U.S.C. 2451),
                with respect to imports of certain passenger vehicle
                and light truck tires from the People's Republic of
                China (China). In its report, the USITC stated that it
                had reached an affirmative determination under section
                421(b)(1) of the Trade Act that certain passenger
                vehicle and light truck tires from China are being
                imported into the United States in such increased
                quantities or under such conditions as to cause or
                threaten to cause market disruption to the domestic
                producers of like or directly competitive products.

                2. For purposes of its investigation, the USITC defined
                certain passenger vehicle and light truck tires from
                China as new pneumatic tires, of rubber, from China, of
                a kind used on motor cars (except racing cars) and on-
                the-highway light trucks, vans, and sport utility
                vehicles, provided for in subheadings 4011.10.10,
                4011.10.50, 4011.20.10, and 4011.20.50 of the
                Harmonized Tariff Schedule of the United States (HTS).

                3. The USITC commissioners voting in the affirmative
                under section 421(b) of the Trade Act also transmitted
                to me their recommendations made pursuant to section
                421(f) of the Trade Act (19 U.S.C. 2451(f)) on proposed
                remedies that, in their view, would be necessary to
                remedy the market disruption and the basis for each
                recommendation.

                4. Pursuant to section 421(a) of the Trade Act (19
                U.S.C. 2451(a)), I have determined to provide import
                relief with respect to new pneumatic tires, of rubber,
                from China, of a kind used on motor cars (except racing
                cars) and on-the-highway light trucks, vans, and sport
                utility vehicles, provided for in subheadings
                4011.10.10, 4011.10.50, 4011.20.10, and 4011.20.50 of
                the HTS.

                5. Such import relief shall take the form of an
                additional duty on imports of the products described in
                paragraph 4, imposed for a period of 3 years. For the
                first year, the additional duty shall be in the amount
                of 35 percent ad valorem above the column 1 general
                rate of duty. For the second year, the additional duty
                shall be in the amount of 30 percent ad valorem above
                the column 1 general rate of duty, and in the third
                year, the additional duty shall be in the amount of 25
                percent ad valorem above the column 1 general rate of
                duty.

                6. Section 421(m) of the Trade Act (19 U.S.C. 2451(m))
                provides that import relief under this section shall
                take effect not later than 15 days after the
                President's determination to provide such relief.

                7. Section 604 of the Trade Act (19 U.S.C. 2483)
                authorizes the President to embody in the HTS the
                substance of the provisions of that Act, and of other
                acts affecting import treatment, and actions
                thereunder, including

[[Page 47862]]

                the removal, modification, continuance, or imposition
                of any rate of duty or other import restriction.

                NOW, THEREFORE, I, BARACK OBAMA, 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 421 and 604 of the Trade Act, do proclaim
                that:

                (1) In order to apply additional duties on imports of
                the certain passenger vehicle and light truck tires
                from China described in paragraph 4, subchapter III of
                chapter 99 of the HTS is modified as provided in the
                Annex to this proclamation.

                (2) The modifications to the HTS made by this
                proclamation, including the Annex thereto, shall be
                effective with respect to goods entered, or withdrawn
                from warehouse for consumption, on or after 12:01 a.m.
                EDT on September 26, 2009, and shall continue in effect
                as provided in this proclamation and its Annex, unless
                such actions are earlier expressly modified or
                terminated.

                (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.

                IN WITNESS WHEREOF, I have hereunto set my hand this
                eleventh day of September, in the year of our Lord two
                thousand nine, and of the Independence of the United
                States of America the two hundred and thirty-fourth.
                

                    (Presidential Sig.)

Billing code 3195-W9-P



[[Page 47863]]

[GRAPHIC] [TIFF OMITTED] TD17SE09.000


[FR Doc. E9-22507
Filed 9-16-09; 8:45 am]

Billing code 7020-02-C