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statement of findings and conclusions, and the reasons or bases therefor, on all the material issues of fact or law presented (consistent with confidential treatment granted by the Secretary or the Commission, as the case may be, in the course of making its determination).

(3) The hearings provided for under this section shall be exempt from sections 554, 555, 556, 557, and 702 of Title 5. The transcript of any hearing, together with all information developed in connection with the investigation (other than items to which confidential treatment has been granted by the Secretary or the Commission, as the case may be), shall be made available in the manner and to the extent provided in section 552(b) of Title 5. (As amended Jan. 3, 1975, Pub. L. 93-618, title III, § 321(a), 88 Stat. 2043.)

AMENDMENTS

1975 Subsec. (a). Pub. L. 93-618, § 321(a)(1), substituted "United States International Trade Commission (hereinafter called the 'Commission')" for "United States Tariff Commission" and "Commission" for "said Commission."

Subsec. (b). Pub. L. 93-618, § 321(a)(2), added provisions requiring the Secretary of the Treasury, within 6 months (or in more complicated investigations within 9 months) after publication of a notice of initiation of an investigation, to make the determination as to whether there is reason to believe or suspect that the purchase price of imported merchandise is less, or the exporter's sales price is less or likely to be less, than the foreign market value or constructed value of the merchandise, and, if his determination is affirmative, publish notice thereof in the Federal Register and require the withholding of appraisement of any such merchandise, but, if his determination is negative, or if he tentatively determines that the investigation should be discontinued, publish notice thereof in the Federal Register, and order the withholding of appraisement within 3 months thereafter if he then has reason to believe or suspect that dumping is involved, but if no withholding of appraisement is ordered within 3 months, publish a final negative determination or a notice of discontinuance of the investigation.

Subsec. (c). Pub. L. 93-618, § 321 (a) (2), substituted provisions covering the determination by the Secretary of whether to initiate an investigation into the question of whether merchandise is being or is likely to be sold in the United States or elsewhere at less than its fair value, for provisions directing the Secretary and the Commission to publish in the Federal Register their determination covering the sale or likelihood of sale of merchandise in the United States at less than fair value.

Subsec. (d). Pub. L. 93-618, § 321(a)(2), added subsec. (d).

EFFECTIVE DATE OF 1975 AMENDMENT

Section 321 (g) (1) of Pub. L. 93-618 provided that: "The amendments made by subsection (a) of this section [amending this section] shall apply with respect to all questions of dumping raised or presented on or after the date of the enactment of this Act [Jan. 3, 1975]."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 161 to 173, 1516 of this title; title 28 section 2632.

§ 161. Amount of duty to be collected; determination of foreign market value of goods.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1516 of this title.

§ 162. Price at which merchandise has been purchased or agreed to be purchased prior to time of exportation; other additions and subtractions in determination.

For the purposes of sections 160-171 of this title, the purchase price of imported merchandise shall be the price at which such merchandise has been pur

40-190 0-75-Vol. 1-71

chased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the merchandise is imported, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States; and less the amount, if included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title. (As amended Jan. 3, 1975, Pub. L. 93-618, title III, § 321(b), 88 Stat. 2045.)

AMENDMENTS

1975-Pub. L. 93-618 substituted "and less the amount, if included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States" for "and plus the amount, if not included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States"; and substituted "and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title" for "and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller, in respect to the manufacture, production, or sale of the merchandise, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States".

EFFECTIVE DATE OF 1975 AMENDMENT Section 321(g) (2) of Pub. L. 93-618 provided that: "The amendments made by subsections (b) through (e) of this section [amending this section of sections 163, 164, and 170a of this title] shall apply with respect to all merchandise which is not appraised on or before the date of the enactment of this Act (Jan. 3, 1975]; except that such amendments shall not apply with respect to any merchandise which

"(A) was exported from the country of exportation before such date of the enactment, and

"(B) is subject to a finding under the Antidumping Act, 1921 [sections 160-171 of this title], which (i) is outstanding on such date of enactment, or (ii) was revoked on or before such date of enactment but is still applicable to such merchandise."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 163 to 173 of this title.

§ 163. Price at which merchandise is sold or agreed to be sold in United States; other additions and subtractions in determination.

For the purposes of sections 160-171 of this title, the exporter's sale price of imported merchandise shall be the price at which such merchandise is sold or agreed to be sold in the United States, before or after the time of importation, by or for the account of the exporter, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less (1) the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States, (2) the amount of the commissions, if any, for selling in the United States the particular merchandise under consideration, (3) an amount equal to the expenses, if any, generally incurred by or for the account of the exporter in the United States in selling identical or substantially identical merchandise, (4) the amount of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States, and (5) the amount of any increased value, including additional material and labor, resulting from a process of manufacture or assembly performed on the imported merchandise after the importation of the merchandise and before its sale to a person who is not the exporter of the merchandise within the meaning of section 166 of this title; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated, or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title. (As amended Jan. 3, 1975, Pub. L. 93-618, title III, § 321 (c), 88 Stat. 2046.)

AMENDMENTS

1975-Pub. L. 93-618 struck out "and" preceding cl. (4), added cl. (5), and in the undesignated clauses following cl. (5) substituted "and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason

of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated, or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title", for "and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller in respect to the manufacture, production, or sale of the merchandise, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States".

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-618 applicable with respect to all merchandise which is not appraised on or before Jan. 3, 1975, but not applicable to any merchandise exported from the country of exportation before Jan. 3, 1975, which is subject to a finding under sections 160-171 of this title outstanding on Jan. 3, 1975, or revoked on or before Jan. 3, 1975, but still applicable to such merchandise, see section 321(g) (2) of Pub. L. 93-618, set out as a note under section 162 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 162, 164 to 173 of this title.

§ 164. Price of merchandise or similar merchandise sold or offered for sale in principal markets of exporting country.

(a) Determination; fictitious market; sales agencies. For the purposes of sections 160 to 171 of this title the foreign market value of imported merchandise shall be the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, or if the Secretary determines that the quantity sold for home consumption is so small in relation to the quantity sold for exportation to countries other than the United States as to form an inadequate basis for comparison, then the price at which so sold or offered for sale for exportation to countries other than the United States), plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for shipment to the United States, except that in the case of merchandise purchased or agreed to be purchased by the person by whom or for whose account the merchandise is imported, prior to the time of exportation, the foreign market value shall be ascertained as of the date of such purchase or agreement to purchase. In the ascertainment of foreign market value for the purposes of sections 160 to 171 of this title no pretended sale or offer for sale, and no sale or offer for sale intended to establish a fictitious market, shall be taken into account. If such or similar merchandise is sold or in the absence of sales, offered for sale through a sales agency or other organization related to the seller in any of the respects described in section 166 of this title, the prices at which such or similar merchandise is sold or, in the absence of sales, offered for sale by such sales agency or other organization may be used in determining the foreign market value.

(b) Home market sales at less than cost of production.

Whenever the Secretary has reasonable grounds to believe or suspect that sales in the home market of the country of exportation, or, as appropriate, to countries other than the United States, have been made at prices which represent less than the cost of producing the merchandise in question, he shall determine whether, in fact, such sales were made at less than the cost of producing the merchandise. If the Secretary determines that sales made at less than cost of production (1) have been made over an extended period of time and in substantial quantities, and (2) are not at prices which permit recovery of all costs within a reasonable period of time in the normal course of trade, such sales shall be disregarded in the determination of foreign market value. Whenever sales are disregarded by virtue of having been made at less than the cost of production and the remaining sales, made at not less than cost of production, are determined to be inadequate as a basis for the determination of foreign market value, the Secretary shall determine that no foreign market value exists and employ the constructed value of the merchandise in question.

(c) State-controlled economies in exporting countries. If available information indicates to the Secretary that the economy of the country from which the merchandise is exported is state-controlled to an extent that sales or offers of sales of such or similar merchandise in that country or to countries other than the United States do not permit a determination of foreign market value under subsection (a) of this section, the Secretary shall determine the foreign market value of the merchandise on the basis of the normal costs, expenses, and profits as reflected by either

(1) the prices, determined in accordance with subsection (a) of this section and section 161 of this title, at which such or similar merchandise of a non-state-controlled-economy country or countries is sold either (A) for consumption in the home market of that country or countries, or (B) to other countries, including the United States; or

(2) the constructed value of such or similar merchandise in a non-state-controlled-economy country or countries as determined under section 165 of this title.

(d) Merchandise produced in exporting countries in facilities owned or controlled by persons, firms, or corporations which also own or control other facilities producing similar merchandise in other countries.

Whenever, in the course of an investigation under sections 160 to 171 of this title, the Secretary determines that

(1) merchandise exported to the United States is being produced in facilities which are owned or controlled, directly or indirectly, by a person, firm, or corporation which also owns or controls, directly or indirectly, other facilities for the production of such or similar merchandise which are located in another country or countries;

(2) the sales of such or similar merchandise by the company concerned in the home market of the exporting country are nonexistent or in

adequate as a basis for comparison with the sales of the merchandise to the United States; and

(3) the foreign market value of such or similar merchandise produced in one or more of the facilities outside the country of exportation is higher than the foreign market value, or, if there is no foreign market value, the constructed value, of such or similar merchandise produced in the facilities located in the country of exportation, he shall determine the foreign market value of such merchandise by reference to the foreign market value at which such or similar merchandise is sold in substantial quantities by one or more facilities outside the country of exportation. The Secretary, in making any determination under this paragraph, shall make adjustments for the difference between the costs of production (including taxes, labor, materials, and overhead) of such or similar merchandise produced in facilities outside the country of exportation and costs of production of such or similar merchandise produced in the facilities in the country of exportation, if such differences are demonstrated to his satisfaction. For the purpose of this subsection, in determining foreign market value of such or similar merchandise produced in a country outside of the country of exportation, the Secretary shall determine its price at the time of exportation from the country of exportation and shall make any adjustments required by subsection for the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition packed ready for shipment to the United States by reference to such costs in the country of exportation. (As amended Jan. 3, 1975, Pub. L. 93-618, title III, § 321(d), 88 Stat. 2046.)

AMENDMENTS

1975-Pub. L. 93-618 designated existing provisions as subsec. (a) and added subsecs. (b) to (d).

EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-618 applicable with respect to all merchandise which is not appraised on or before Jan. 3, 1975, but not applicable to any merchandise exported from the country of exportation before Jan. 3, 1975, which is subject to a finding under sections 160-171 of this title outstanding on Jan. 3, 1975, or revoked on or before Jan. 3, 1975, but still applicable to such merchandise, see section 321(g) (2) of Pub. L. 93-618, set out as a note under section 162 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160, 162, 165 to 173 of this title.

§ 170a. Definitions.

For the purposes of sections 160 to 171 of this title

(3) The term "such or similar merchandise" means merchandise in the first of the following categories in respect of which a determination for the purposes of sections 160 to 171 of this title can be satisfactorily made:

(A) The merchandise under consideration and other merchandise which is identical in physical characteristics with, and was produced in the same country by the same person as, the merchandise under consideration.

(B) Merchandise (i) produced in the same country and by the same person as the merchandise under consideration, (ii) like the merchandise under consideration in component material or materials and in the purposes for which used, and (iii) approximately equal in commercial value to the merchandise under consideration.

(C) Merchandise (i) produced in the same country and by the same person and of the same general class or kind as the merchandise under consideration, (ii) like the merchandise under consideration in the purposes for which used, and (iii) which the Secretary or his delegate determines may reasonably be compared for the purposes of sections 160 to 171 of this title with the merchandise under consideration. (4) The term "usual wholesale quantities", in any case in which the merchandise in respect of which value is being determined is sold in the market under consideration at difierent prices for different quantities, means the quantities in which such merchandise is there sold at the price or prices for one quantity in an aggregate volume which is greater than the aggregate volume sold at the price or prices for any other quantity. (As amended Jan. 3, 1975, Pub. L. 93-618, title III, § 321 (e), 88 Stat. 2048.)

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AMENDMENTS

1975-Par. (3). Pub. L. 93-618 struck out subpar. (B) relating to merchandise which was identical in physical characteristics with, and was produced by another person in the same country as, the merchandise under consideration, subpar. (D) relating to merchandise which satisfied all the requirements of subdivision (C) except that it was produced by another person, and subpar. (F) relating to merchandise which satisfied all the requirements of subdivision (E) except that it was produced by another person, and redesignated subpars. (C) and (E) as (B) and (C), respectively.

EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-618 applicable with respect to all merchandise which is not appraised on or before Jan. 3, 1975, but not applicable to any merchandise exported from the country of exportation before Jan. 3, 1975, which is subject to a finding under sections 160171 of this title outstanding on Jan. 3, 1975, or revoked on or before Jan. 3, 1975, but still applicable to such merchandise, see section 321 (g) (2) of Pub. L. 93-618, set out as a note under section 162 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 160 to 170, 171 to 173 of this title.

§§ 257, 258. Repealed. Pub. L. 91-654, § 3, Jan. 5, 1971, 84 Stat. 1945.

PROVISIONS INAPPLICABLE TO ENTRIES MADE IN CONNECTION
WITH ARRIVALS BEFORE JAN. 5, 1971, oF VESSELS OPER-
ATED BY OR FOR AGENCY OF UNITED STATES; REFUNDS
AFTER AUG. 7, 1974, BARRED AS TO DUTY PAYMENTS
MADE BEFORE JAN. 5, 1971, UNDER SECTION 257.
Pub. L. 93-368, §§ 1, 2, Aug. 7, 1974, 88 Stat. 420, pro-
vided:

"That sections 3114 and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 and 258) [former sections 257 and 258 of this title] shall not apply to entries made in connection with arrivals before January 5, 1971, of vessels owned by the United States, or bareboat chartered to the United States, and operated by or for

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PROC. No. 4074. IMPOSITION OF SUPPLEMENTAL DUTY FOR BALANCE OF PAYMENTS PURPOSES

Proc. No. 4031, Aug. 15, 1971, 36 F.R. 15724, as amended by Proc. No. 4098, Dec. 20, 1971, 36 F.R. 2420, provided: WHEREAS, there has been a prolonged decline in the international monetary reserves of the United States, and our trade and international competitive position is seriously threatened and, as a result, our continued ability to assure our security could be impaired;

WHEREAS, the balance of payments position of the United States requires the imposition of a surcharge on dutiable imports;

WHEREAS, pursuant to the authority vested in him by the Constitution and the statutes, including, but not limited to, the Tariff Act of 1930, as amended [this chapter] (hereinafter referred to as "the Tariff Act"), and the Trade Expansion Act of 1962 [section 1801 et seq. of this title] (hereinafter referred to as "the TEA"), the President entered into, and proclaimed tariff rates under trade agreements with foreign countries;

WHEREAS, under the Tariff Act, the TEA, and other provisions of law, the President may, at any time, modify or terminate, in whole or in part, any proclamation made under his authority;

Now, THEREFORE, I, RICHARD NIXON, President of the United States of America, acting under the authority vested in me by the Constitution and the statutes, including, but not limited to, the Tariff Act, and the TEA, respectively, do proclaim as follows:

A. I hereby declare a national emergency during which I call upon the public and private sector to make the efforts necessary to strengthen the international economic position of the United States.

B. [Terminated by Proc. No. 4098, Dec. 20, 1971, 36 F.R. 2420.]

C. [Terminated by Proc. No. 4098, Dec. 30, 1971, 36 F.R. 2420.]

D. This Proclamation shall be effective 12:01 a.m., August 16, 1971.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of August in the year of our Lord nineteen hundred and seventy-one, and of the Independence of the United States of America the one hundred and ninety-sixth.

RICHARD NIXON.

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 13 section 301; title 16 section 1540.

§ 1202. Revised Tariff Schedules.

[28 F.R. 8625]

1. Tariff treatment of imported articles.-All articles imported into the customs territory of the United States from outside thereof are subject to duty or exempt therefrom as prescribed in general headnote 3.

2. Customs territory of the United States.-The term "customs territory of the United States", as used in the schedules, includes only the States, the District of Columbia, and Puerto Rico.

3. Rates of duty.-The rates of duty in the "Rates of Duty" columns numbered 1 and 2 of the schedules apply to articles imported into the customs territory of the United States as hereinafter provided in this headnote:

(a) Products of insular possessions:

(i) Except as provided in headnote 4 of schedule 7, part 7, subpart A, and in headnote 6 of schedule 7, part 2, subpart E, articles, imported from insular possessions of the United States which are outside the customs territory of the United States are subject to the rates of duty set forth in column numbered 1 of the schedules, except that all such articles the growth or product of any such possession, or manufactured or produced in any such possession from materials the growth, product, or manufacture of any such possession or of the customs territory of the United States, or of both, which do not contain foreign materials to the value of more than 50 percent of their total value, coming to the customs territory of the United States directly from any such possession, and all articles previously imported into the customs territory of the United States with payment of all applicable duties and taxes imposed upon or by reason of importation which were shipped from the United States, without remission, refund, or drawback of such duties or taxes, directly to the possession from which they are being returned by direct shipment, are exempt from duty.

(ii) In determining whether an article produced or manufactured in any such insular possession contains foreign materials to the value of more than 50 percent, no material shall be considered foreign which, at the time such article is entered, may be imported into the customs territory from a foreign country, other than Cuba or the Philippine Republic, and entered free of duty.

(iii) Subject to the limitations imposed under sections 503(b) and 504 (c) of the Trade Act of 1974 [section 2463 (b) and 2464 (c) of this title], articles designated eligible articles under section 503 of such Act [section 2463 of this title] which are imported from an insular possession of the United States shall receive duty treatment no less favorable than the treatment afforded such articles imported from a beneficiary developing country under the V of such Act [section 2461 et seq. of this title].

AMENDMENTS

1975-General headnote 3(a) (iii) added by Pub. L. 93618, title V, § 502 (d), Jan. 3, 1975, 88 Stat. 2068.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1321, 1337, 2135, 2431 to 2434, 2437, 2439, 2481, 2483 of this title; title 28 section 2602; title 50 section 98-1.

SCHEDULE 1.-ANIMAL AND VEGETABLE PRODUCTS [28 F.R. 8629]

PART 2.-MEATS

[28 F.R. 8633]

*

PROC. NO. 4114. QUANTITATIVE LIMITATION ON IMPORTATION OF CERTAIN MEATS

Proc. No. 4114, Mar. 9, 1972, 37 F.R. 5113, provided: WHEREAS Section 2(a) of the Act of August 22, 1964 (78 Stat. 594, 19 U.S.C. 1202 note) (hereinafter referred to as "the Act") [set out as a note under this section], declares that it is the policy of the Congress that the aggregate quantity of the articles specified in item 106.10 (relating to fresh, chilled, or frozen cattle meat) and item 106.20 (relating to fresh, chilled, or frozen meat of goats and sheep (except lambs)) of the Tariff Schedules of the United States (hereinafter referred to as "meat") which may be imported into the United States in any calendar year beginning after December 31, 1964, shall not exceed a quantity to be computed as prescribed in that section (hereafter referred to as "adjusted base quantity"); and WHEREAS Section 2(b) of the Act provides that the Secretary of Agriculture for each calendar year after 1964 shall estimate and publish the adjusted base quantity for such calendar year and shall estimate and publish quarterly the aggregate quantity of meat which in the absence of the limitations under the Act would be imported during such calendar year (hereafter referred to as "potential aggregate imports"); and

WHEREAS the Secretary of Agriculture, pursuant to sections 2(a) and (b) of the Act, estimated the adjusted base quantity of meat for the calendar year 1972 to be 1,042.4 million pounds and estimated the potential aggregate imports of meat for 1972 to be 1,240 million pounds; and

WHEREAS the potential aggregate imports of meat for the calendar year 1972, as estimated by the Secretary of Agriculture, exceeds 110 percent of the adjusted base quantity of meat for the calendar year 1972 estimated by the Secretary of Agriculture; and

WHEREAS no limitation under the Act is in effect with respect to the calendar year 1972; and

WHEREAS Section 2(c) (1) of the Act requires the President in such circumstances to limit by proclamation the total quantity of meat which may be entered, or withdrawn from warehouse, for consumption, during the calendar year, to the adjusted base quantity estimated for such calendar year by the Secretary of Agriculture pursuant to section 2(b) (1) of the Act; and

WHEREAS Section 2(d) of the Act provides that the President may suspend the total quantity proclaimed pursuant to section 2(c) of the Act if he determines and proclaims that such action is required by overriding economic or national security interests of the United States, giving special weight to the importance to the Nation of the economic well-being of the domestic livestock industry; and

WHEREAS Section 2(d) of the Act further provides that such suspension shall be for such period as the President determines and proclaims to be necessary to carry out the purposes of section 2(d);

Now, THEREFORE, I, RICHARD NIXON, President of the United States, acting under and by virtue of the authority vested in me as President and pursuant to section 2 of the Act, do hereby proclaim as follows:

(1) In conformity with and as required by section 2(c) (1) of the Act, the total quantity of the articles specified in item 106.10 (relating to fresh, chilled, or frozen cattle meat) and item 106.20 (relating to fresh, chilled, or frozen meat of goats and sheep (except lambs)) of part 2B, schedule 1 of the Tariff Schedules of the United States which may be entered, or withdrawn from warehouse, for consumption during the calendar year 1972, is limited to 1,042.4 million pounds.

(2) It is hereby determined pursuant to section 2(d) of the Act that the suspension of the limitation proclaimed in paragraph (1) is required by overriding economic interests of the United States, giving special weight to the importance to the Nation of the economic well-being of the domestic livestock industry

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