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United States Department of State / Foreign relations of the United States diplomatic papers, 1934. The American Republics

Colombia,   pp. 66-85 PDF (7.2 MB)

Page 73

Act of June 12, 1934, authorizes the President to enter into trado
agreements with foreign countries and to make them effective by proc-
lamation without the necessity of obtaining a special act of Congress
in each case, and requires, among other things, that the intention to
negotiate any such agreement must be publicly announced in order
that interested persons may have an opportunity to present their views.
  These requirements having been complied with, in connection with
the proposed new trade agreement with the Republic of Colombia, the
Government of the United States is now in a position to proceed with
the negotiation of an agreement based upon the provisions of the
Agreement signed December 15, 1933, and to indicate the changes in
the latter instrument which it suggests be incorporated in the proposed
new agreement.
  With reference to the text of the Agreement signed December 15,
1933, it is necessary to propose a number of changes. There is attached
the text of the proposed new agreement as it would appear if the sug-
gested changes were made. For convenience, there is also attached a
comparative text of the Agreement signed December 15, 1933, showing
proposed omissions and additions.'3 The changes indicated are in
large part only formal and will doubtless in most cases be found to be
self-explanatory. However, certain of them seem to require some
explanation and comment.
  Article III of the Agreement signed December 15, 1933, provided
in effect that the provisions regarding the customs treatment to be
accorded by each country to the products of the other should not apply
to such special duties as are, or may be required to be, imposed by the
laws of either country on importations which are not properly marked
to indicate their origin, or to anti-dumping duties. With respect to
the latter stipulation, however, the article contained an exception to
the effect that anti-dumping duties would not be applied to unroasted
coffee imported into the United States from Colombia.
  When the Agreement of December 15, 1933, was signed, it was the
intention to submit it to the Congress of the United States to be enacted
into law. Under this procedure the effect of Article III, if approval of
the Agreement by the Congress had been obtained, would have been
to modify the Anti-dumping Act by statutory enactment. The situa-
tion, however, has been altered by the fact that the proposed new
agreement will be brought into force on the part of the United States
by Executive action, under the authority of the Trade Agreements Act
of June 12, 1934. It becomes necessary, therefore, to make certain
that the provisions of the proposed agreement come clearly within the
authority of that Act. The exception above referred to regarding the
non-application of the Anti-dumping Act to coffee imported from
' Not printed.

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