90 STAT. 3108
PROCLAMATION 4445—JUNE 11, 1976 (b) Timing.—No more, than 60 percent of the respective aggregate quantity of articles provided for in item 923.20, 923.21, 923.22, 923.23 or 923.24, the product of a foreign country or instrumentality, may be entered during the first 6 months of any restraint period. (c) Shortfall.—During the last 3 months of a restraint period, should the Special Representative for Trade Negotiations determine that any quota quantity for a country or instrumentality under an item hereof is unlikely to be used during that restraint period, the Special Representative may modify the quota quantities for that item during such restraint period to reallocate the shortfall to other suppliers, such modification to be effective on or after the date of its publication in the FEDERAL REGISTER. A shortfall shall be considered likely when, inter alia, less than 6 6 % % of the quota quantity is entered in the first 9 months of a restraint period or less than 8 0 % of the quota quantity is entered in the first 10 months of a restraint period.
(d) Allocation.—If the Special Representative determines that it is necessary or appropriate, to assure equitable treatment, he may allocate or reallocate a specific quota quantity to any country or instrumentality subject to restriction (either individually or by inclusion in the "other" country groupings), either on an item by item basis, or for all items. (e) Carryover.—Whenever the quota quantity or base limit, whichever is less, specified for an item for importation from Japan has not been entered during any restraint period, the shortfall may be entered in the same item during the first 30 days of the following restraint period and not be counted against the quota quantity therefor, provided that the amount of shortfall so entered does not exceed 4 percent of the base limit as specified in the table in headnote 2 (f), for the restraint period during which the shortfall occurs. If in accordance with the provisions of headnote 2(f) all or part of a base limit of any item for Japan has been reallocated to the base limit of one or more other items for Japan, such amounts will not be considered a shortfall, and therefore not available for carryover. (f) Adjustments.—Upon appropriate request of the Government of Japan for an adjustment of the quota quantities between items as provided for herein, the Special Representative shall modify the provisions of this subpart accordingly, such modification to be effective on or after the date of its publication in the FEDERAL REGISTER. The modification in the quota quantities for imports from Japan cannot exceed the percentage of the respective base limits shown below and must be accompanied by an equal tonnage reduction in the quota quantity from J a p a n for one or more of the other items during the same restraint period. Restraint periods Item
June 14, 1976J u n e 13,, 1977 Base limit
923.20 923.21 923.22 923.23 923.24
1,000 s. tons 38.6 5.6 13.0 5.7 3.5
June 14, 1977J u n e 13,, 1978
Maximum increase
Percent
10 1 1 I 1
Base limit 1,000 s. tons 38.9 5.9 14.0 5.9 3.7
June 14, 1978J i m e 13,, 1979
Maximum increase
Percent
10 1 3 3 3
Base limit 1,000 s. tons 39.8 6.3 14.5 6.0 3.8
Maximum increase
Percent ID 1 3 3 3
(g) United States International Trade Commission (USITC) surveys.—The USITC shall conduct mandatory surveys with respect to products of the types subject to import restraints under each item involved as follows: (i) Quarterly.—Surveys by calendar quarter to obtain from domestic producers monthly data on production, shipments, prices, employment, and man-hours. The initial surveys shall cover the fourth quarter of 1975 and the first two quarters of 1976; subsequent surveys will cover individual quarters; the last such survey shall cover the quarter which ends not less than 60 days prior to the termination of the import restraints. The U S I T C shall publish the results of these surveys within 45 days (as soon a feasible and not later than 60 days in the case of prices) of the end of a quarter. Such surveys will be conducted monthly, upon written request of the Special Representative to the U S I T C, if the Special Representative determines that monthly reporting is necessary. (ii) Annually.—Annual surveys to obtain from domestic producers data by calendar quarter on profits, orders, and inventories, and annual data on capital expenditures, capacity, and
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