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LIMITATION ON MEAT IMPORTS

Pub. L. 88-482, § 2, Aug. 22, 1964, 78 Stat. 594, provided that:

"(a) It is the policy of the Congress that the aggregate quantity of the articles specified in items 106.10 (relating to fresh, chilled, or frozen cattle meat) and 106.20 (relating to fresh, chilled, or frozen meat of goats and sheep (except lambs)) of the Tariff Schedules of the United States which may be imported into the United States in any calendar year beginning after December 31, 1964, should not exceed 725,400,000 pounds; except that this quantity shall be increased or decreased for any calendar year by the same percentage that estimated average annual domestic commercial production of these articles in that calendar year and the two preceding calendar years increases or decreases in comparison with the average annual domestic commercial production of these articles during the years 1959 through 1963, inclusive.

"(b) The Secretary of Agriculture, for each calendar year after 1964, shall estimate and publish

"(1) before the beginning of such calendar year, the aggregate quantity prescribed for such calendar year by subsection (a), and

"(2) before the first day of each calendar quarter in such calendar year, the aggregate quantity of the articles described in subsection (a) which (but for this section) would be imported in such calendar year. In applying paragraph (2) for the second or any succeeding calendar quarter in any calendar year, actual imports for the preceding calendar quarter or quarters in such calendar year shall be taken into account to the extent data is available.

"(c) (1) If the aggregate quantity estimated before any calendar quarter by the Secretary of Agriculture pursuant to subsection (b) (2) equals or exceeds 110 percent of the aggregate quantity estimated by him pursuant to subsection (b) (1), and if there is no limitation in effect under this section with respect to such calendar year,

the President shall by proclamation limit the total quantity of the articles described in subsection (a) which may be entered, or withdrawn from warehouse, for consumption, during such calendar year, to the aggregate quantity estimated for such calendar year by the Secretary of Agriculture pursuant to subsection (b) (1).

"(2) If the aggregate quantity estimated before any calendar quarter by the Secretary of Agriculture pursuant to subsection (b) (2) does not equal or exceed 110 percent of the aggregate quantity estimated by him pursuant to subsection (b)(1), and if a limitation is in effect under this section with respect to such calendar year, such limitation shall cease to apply as of the first day of such calendar quarter; except that any limitation which has been in effect for the third calendar quarter of any calendar year shall continue in effect for the fourth calendar quarter of such year unless the proclamation is suspended or the total quantity is increased pursuant to subsection (d).

"(3) The Secretary of Agriculture shall allocate the total quantity proclaimed under paragraph (1), and any increase in such quantity pursuant to subsection (d), among supplying countries on the basis of the shares such countries supplied to the United States market during a representative period of the articles described in subsection (a), except that due account may be given to special factors which have affected or may affect the trade in such articles. The Secretary of Agriculture shall certify such allocations to the Secretary of the Treasury.

"(d) The President may suspend any proclamation made under subsection (c), or increase the total quantity proclaimed under such subsection, if he determines and proclaims that-

"(1) 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;

"(2) the supply of articles of the kind described in subsection (a) will be inadequate to meet domestic demand at reasonable prices; or

"(3) trade agreements entered into after the date of the enactment of this Act [Aug. 22, 1964] ensure that the policy set forth in subsection (a) will be carried out.

Any such suspension shall be for such period, and any

such increase shall be in such amount, as the President determines and proclaims to be necessary to carry out the purposes of this subsection.

"(e) The Secretary of Agriculture shall issue such regulations as he determines to be necessary to prevent circumvention of the purposes of this section.

“(f) All determinations by the President and the Secretary of Agriculture under this section shall be final." PART 3.-FISH AND SHELLFISH [28 F.R. 8635]

Item

Articles

110. 10

Part 3 headnotes:

1. The term "fish", as used in this part, does not include shellfish, or whales or other mammals. This part covers only fish and shellfish, live or dead, fit for human consumption.

2. In subparts A and B of this part, the term "whether or not whole" means if whole, or if processed by removal of heads, fins, viscera, scales, skins, or bones, or by filleting, division into pieces, or other cutting or slicing operations, but not minced or ground.

3. In subparts C and D of this part, the term "in oil" means packed in added oil or fat, or in added oil or fat and other substances, whether such oil or fat was introduced at the time of packing or prior thereto.

4. Live fish and shellfish imported to be used for purposes other than human consumption are covered by item 190.45 (see part 15F of schedule 1) and certain other fish and shellfish products are covered by parts 14 and 15 of schedule 1.

Subpart A.-Fish, Fresh, Chilled, or Frozen

Subpart A headnote:

1. In item 110.50 of this subpart, "apparent consumption"
shall be the sum of (a) the production in the United States of
fresh and frozen fillets, steaks, and sticks of the named fish as
defined on October 30, 1947, and as reported, by the United
States Fish and Wildlife Service, (b) the quantity of such fillets,
steaks, and sticks entered into the United States free of duty
under the provisions for "products of American fisheries" in
part 15 of schedule 1, and (c) the quantity of the named fish en-
tered into the United States and provided for in items 110.50 or
110.55.

Fish, fresh, chilled, or frozen, whether or not whole, but not other-
wise prepared or preserved:

Sea herring, smelts, and tuna..
Other:

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110. 15

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Whole; or processed by removal of heads, viscera, fins, or
any combination thereof, but not otherwise processed:
Cod, cusk, eels, haddock, hake, pollock, shad, sturgeon,
and fresh-water fish

0.5¢ per lb..

le per lb.

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110.30

110. 33 110.35

110.36

110.40

110.45 110.47

110.50

110.55

110.57

110.60

110. 61

Halibut and salmon...

Mackerel:

Fresh or chilled.

Fresh or chilled.

Frozen....

Other..

If products of Cuba (except Atlantic ocean perch
(rosefish) and totoaba or white sea bass).

Scaled (whether or not heads, viscera, fins, or any combina-
tion thereof have been removed), but not otherwise proc-
essed:

In bulk or in immediate containers weighing with their
contents over 15 pounds each.
Other..

Skinned and boned, whether or not divided into pieces,
and frozen into blocks each weighing over 10 pounds,
imported to be minced, ground, or cut into pieces of uni-
form weights and dimensions.
Otherwise processed (whether or not heads, viscera, fins,
scales, or any combination thereof have been removed):
Cod, cusk, haddock, hake, pollock, and Atlantic ocean
perch (rose fish):

For an aggregate quantity entered in any calendar
year of 15,000,000 pounds, or not more than a
quantity equal to 15% of the average aggregate
apparent annual consumption of such fish during
the 3 calendar years immediately preceding the
year in which the imported fish are entered,
whichever quantity is greater, of which total
quantity not over 4 shall be entered during the
first 3 months, not over 11⁄2 during the first 6
months, and not over 34 during the first 9 months
of that year.

Other..
Wolf fish (sea catfish).

Other.

If products of Cuba (except eels, fresh-water fish, halibut, mackerel, salmon, shad, sturgeon, swordfish, and totoaba or white sea bass). Subpart B.-Fish, Dried, Salted, Pickled, Smoked, or Kippered Subpart B headnote:

1. In this subpart, the term "dried" means dried (but not salted, pickled, smoked, or kippered), the term "salted or pickled" means salted or pickled (whether or not dried, but not smoked or kippered), and the term "smoked or kippered" means smoked or kippered (whether or not dried, salted, or pickled).

See footnotes at end of table.

0.75¢ per lb.
le per lb.
0.4¢ per lb. (s).

le per lb..

12.5% ad val.
le per lb...

le per lb.

1.25¢ per lb.

25% ad val.
1.25 per lb.

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