Page:United States Statutes at Large Volume 104 Part 6.djvu/858

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104 STAT. 5248 PROCLAMATION 6120—APR. 25, 1990 sugars, sirups and molasses established in headnote 3 to subpart A, part 10, schedule 1 of the TSUS, in conformity with headnote 2 to the same subpart, and provided for a country-by-country allocation of the total-quota quantity established thereunder. The share allocated to Nicaragua was 2.1 percent of the total base quota, which generally corresponded to its average share of imports into the United States during the period from 1975 through 1981, excluding the years in which the largest and smallest volumes of imports were recorded. 4. By Proclamation No. 5104 of September 23, 1983 (48 FR 44057), Nicaragua's share of the total base quota amount was reduced to 6,000 short tons for each quota period. The quantity removed from Nicaragua's allocation was redistributed to Honduras, El Salvador and Costa Rica. Proclamation No. 5104 added, at the end of paragraph (c)(i) of headnote 3, a new Note 2 that, as incorporated in the HTS, now provides as follows: "NOTE 2: Beginning with the quota year beginning September 26, 1983, the quota allocations for Nicaragua, Costa Rica, El Salvador and Honduras will be as follows: Nicaragua—5,443 metric tons, raw value; El Salvador—2.6 percent of the total base quota amount permitted to be imported under paragraphs (a) and (b) of this headnote plus 18 per- ^ cent of the difference between 2.1 percent of the total base quota amount and 5,443 metric tons, raw value; Honduras—1 percent of the total base quota amount plus 52 percent of the difference between 2.1 percent of the total base quota amount and 5,443 metric tons, raw value; Costa Rica—1.5 percent of the total base quota amount plus 30 percent of the difference between 2.1 percent of the total base quota amount and 5,443 metric tons, raw value." 5. On March 13, 1984, the GATT Council adopted a panel report that found that the reduction in the allocation to Nicaragua was inconsistent with the obligations of the United States under the GATT. The Council recommended that the United States allocate to Nicaragua a sugar import quota consistent with the criteria set forth in Article XIII:2 of the GATT. On May 1, 1985, the President imposed an embargo on trade with Nicaragua, by Executive Order No. 12513 (50 FR 18629), under the authority of the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., and the National Emergencies Act, 50 U.S.C. 1601 et seq. I terminated this embargo by Executive Order No. 12707 of March 13, 1990 (55 FR 9707). 6. I find that the modifications of the quantitative limitations that are hereinafter proclaimed give due consideration to the interests in the United States sugar market of domestic producers and materially af- fected contracting parties to the GATT, and are consistent with the provisions of section 1204(c)(2) of the Omnibus Trade and Competitiveness Act of 1988 (19 U.S.C. 3004(c)(2)). 7. Section 604 of the Trade Act of 1974 (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 taken thereunder. .