Page:United States Statutes at Large Volume 103 Part 3.djvu/969

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PROCLAMATION 5978—MAY 12, 1989 103 STAT. 3037 IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of May, in the year of our Lord nineteen hundred and eighty-nine, and of the Independence of the United States of America the two hundred and thirteenth. GEORGE BUSH Proclamation 5978 of May 12, 1989 To Implement in Terms of the Harmonized Tariff Schedule of the United States the Nairobi Protocol to the Florence Agreement on the Importation of Educational, Scientific, and Cultural Materials By the President of the United States of America A Proclamation 1. Section 1121 of the Omnibus Trade and Competitiveness Act of 1988 (the 1988 Act) (Public Law 100-418; 102 Stat. 1138) provides for the im- plementation by the United States of the Protocol (S. Treaty Doc. 97-2; hereinafter referred to as the Nairobi Protocol) to the Agreement on the Importation of Educational, Scientific, and Cultural Materials (17 UST (pt. 2) 1835; hereinafter referred to as the Florence Agreement). Accord- ingly, the Secretary of State is authorized to deposit on behalf of the United States the U.S. instrument of ratification of the Nairobi Protocol according to the procediu-es set forth therein. The Nairobi Protocol thereby enters into force with respect to the United States on the 15th day after such instrument is deposited. 2. Pursuant to section 1121 of the 1988 Act, the tariff provisions neces- sary to give effect to the Nairobi Protocol were enacted in terms of the provisions of the Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202). However, because of the repeal of the TSUS and the en- actment of the Harmonized Tariff Schedule of the United States (HTS), effective on January 1, 1989, and pursuant to section 1204 of the 1988 Act (19 U.S.C. 3004], it is necessary to provide for the equivalent tariff treatment in the HTS of the articles covered by section 1121. 3. Section 1204(b) of the 1988 Act directs the President to proclaim such modifications to the HTS as are necessary or appropriate to implement the applicable provisions of statutes enacted, executive actions taken, and final judicial decisions rendered after January 1, 1988, and before the effective date of the HTS. 4. Section 604 of the Trade Act of 1974 (19 U.S.C. 2483), as amended, authorized the President to embody in the HTS the substance of the provisions of that act, of other acts affecting import treatment and of actions taken thereunder. NOW, THEREFORE, I, GEORGE BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and laws of the United States, including but not limited to sections 1121 and 1204 of the 1988 Act and section 604 of the Trade Act of 1974, do proclaim that: