MemoMemorandumClinton · D Quiet signal

Presidential Memorandum

Action Under Section 203 of the Trade Act of 1974 Concerning Lamb Meat

President Clinton imposed a three-year tariff-rate quota on imported lamb meat under Section 203 of the Trade Act of 1974, following a USITC finding that surging imports threatened serious injury to the domestic industry. The measure sets specific quota volumes and escalating tariff rates for in-quota and over-quota imports, while exempting Canada, Mexico, Israel, Caribbean Basin, Andean, and other minor developing country suppliers.

Impact dates

  1. adjustment assistance measures due to President from USTR/Secretary/OMB/NEC

  2. USITC mid-point monitoring report due to President and Congress

  3. safeguard measure expires (3 years and 1 day from July 22, 1999)

  4. benchmark list due to USITC from USTR/Secretary/OMB

  5. tariff-rate quota takes effect

Key directives

  • Establish tariff-rate quota of 31,851,151 kg for first year (July 22, 1999 – July 21, 2000), increasing 857,342 kg annually in years 2 and 3
  • Set in-quota duties: 9% year 1, 6% year 2, 3% year 3
  • Set over-quota duties: 40% year 1, 32% year 2, 24% year 3
  • Allocate quota shares to Australia, New Zealand, and 'other country' based on 1998 import shares
  • Exempt Canada, Mexico, Israel, Caribbean Basin, Andean, and minor developing countries from safeguard
  • Instruct USTR, Secretary of Agriculture, OMB Director, and NEC Director to propose substantial adjustment assistance measures
  • Instruct USTR, Secretary of Agriculture, and OMB Director to transmit benchmarks to USITC within 30 days
  • Authorize USTR to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • tariff-rate quota proclaimed effective July 22, 1999
  • benchmark list due to USITC within 30 days

Near term (90d)

  • USTR/Secretary of Agriculture/OMB/NEC to transmit adjustment assistance measures to President

Long term

  • 3-year-and-1-day safeguard measure (through July 21, 2002)
  • USITC mid-point monitoring report due approximately January 2001
  • annual quota increases in years 2 and 3

Risks & tensions

  • WTO compatibility of safeguard measure may be challenged by affected exporters
  • Bilateral trade friction with Australia and New Zealand likely
  • Exemption structure for preferential trade partners creates complex administrative enforcement
  • Quasi-judicial USITC monitoring with congressionally mandated report creates ongoing political exposure
  • Adjustment assistance benchmarks requested but not yet defined—vague deliverable
Presidential Memorandum: Action Under Section 203 of the Trade Act of 1974 Concerning Lamb Meat · Executive Orders