PROCLAMATION 5718—OCT. 2, 1987
101 STAT. 2209
(a) Definitions.—For purposes of this subpart— (i) the term "tungsten articles" means ammonium paratungstate provided for in item 417.40 in schedule 4, part 2C and tungstic acid provided for in item 416.40, schedule 4, part 2B; (b) Export certificate.—Effective January 1, 1988, none of the tungsten articles provided for herein that are exported from the People's Republic of China (the PRC) shall be entered, or withdrawn from warehouse for consumption, unless such tungsten articles are accompanied by a validated export certificate issued by the competent authority of the Government of the People's Republic of China; (c) Carryover.—Whenever the specified limit of imports has not been entered during a period, an amount not to exceed 5 percent (except that the United States Trade Representative may by prior determination permit a carryover of greater than 5 percent] of the limit specified in the period in which the shortfall occurred may be entered in the subsequent period. (d) Exceeding restraint levels.—The USTR may by Federal Register notice authorize an increase in the specified limits of imports by not more than 10 percent during any period, except that the USTR may by prior determination permit an increase of greater than 10 percent. If a specified limit of imports is exceeded during a period, there shall be a downward adjustment of the specified limit for the next period in the amount the preceding specified limit was exceeded. To the extent that imports of the tungsten articles provided for herein exceed 1.7 million pounds tungsten content for calendar year 1987, the specified limits for subsequent periods will be reduced according to the following schedule: the 1988 calendar year specified limit shall be reduced by 50 percent of the excess; and the specified limit of 1989 shall each be reduced by 30 percent of the excess; and the specified limit of 1990 shall be reduced by 20 percent of the excess. (e) United States International Trade Commission (USITC) surveys.—The USITC shall conduct annual surveys (pursuant to section 332 of the Tariff Act of 1930) to obtain data on ammonium paratungstate, tungstic acid and tungsten oxide (provided for in item 422.42, part 2C, schedule 4 of the TSUSA) from the producers in the United States by calendar quarter on shipments, profits, capacity and capacity utilization, and annual data on capital expenditures and research and development expenditures; and to obtain data on such products from importers by calendar quarter on prices, orders, and inventories. The initial survey shall cover calendar year 1987 and shall be published by March 31, 1988, and the results of subsequent annual surveys shall be published on March 31 of each year thereafter as long as the agreement is in effect. (f) Administration of import limitations.—Imports accounting for no more than 65 percent of each annual specified limit may be entered in any two consecutive quarters in that year unless authorized by a determination of the USTR." (b) by inserting in numerical sequence the following new provisions:
"Item
jj ®" "^" 926.30 926.31 926.32 926.33 926.34
Articles
Specified Limit (in million pounds tungsten content)
Whenever the respective aggregate quantity of articles, the product of the People's Republic of China, has been entered in any period specified in any item below (whether, for tariff purposes, in schedule 4 or in schedule 8), no article in such items may be entered during the remainder of such period, except as provided in headnote 11: Tungstic acid provided for in item 416.40, part 2B, schedule 4, and ammonium paratungstate provided for in item 417.40, part 2C, schedule 4: If entered during the period from October 1, 1987, through December 31, 1987, inclusive 0.425 If entered during the period from January 1, 1988, through December 31, 1988, inclusive 1.81 If entered during the period from January 1, 1989, through December 31, 1989, inclusive 1.94 If entered during the period from January 1, 1990, through December 31, 1990, inclusive 2.05 If entered during the period from January 1, 1991, through September 30, 1991, inclusive 1.50"
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