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There are practical problems in maintaining free trade between
two areas with different external tariffs. A major difficulty lies
in preventing goods from being imported into the area with the lower
tariff for re-exportation to the high tariff area, thereby avoiding
the latter's higher tariffs. To some degree this problem is miti-
gated by rules of origin and other regulations, but loopholes
always remain.
Section 9(e) of the proposed compact would attempt to deal
with this problem by requiring that 35 percent of value of an
imported product be added in Puerto Rico before it can be shipped
to the United States. This is similar to the rule of origin appli-
cable to our Generalized System of Preferences (GSP), which was
authorized by the Trade Act of 1974. However, the GSP provisions
contain built-in safeguards, e.g., the tariff preferences are
applicable only to nonsensitive products, and are subject to a
$25 million limit. Escape clause relief is available if such
imports cause or threaten injury. None of these safeguards would
apply to Puerto Rico under the compact. Thus, goods could be
imported into Puerto Rico, processed sufficiently to meet the
35 percent rule, and then exported to the United States duty free
without limitation. The absence of safeguards, or of any other
measures to prevent injury to U. S. producers, makes the proposal
unacceptable on practical as well as policy grounds.
Subsection (d) would also provide that "Puerto Rico shall
continue to enjoy the right to levy tariffs upon or otherwise to
restrict the import of coffee from foreign countries or the United
States. " However, under current law, Puerto Rico has authority
only to impose duties on imports of coffee from foreign countries
or from the United States if the coffee is grown in a foreign coun-
try. 19 U.S.C. 1319. The Department is opposed to this provision
to the extent that it would modify existing law.
Finally, with regard to customs procedures, the Department is
uncertain of the overall applicability of section 2(b) and section
3(b) to duty on vessel repairs (19 U.S.C. 1466) and tonnage tax
(46 U.S.C. 121 and 128) , and of the applicability of the Outer
Continental Shelf Lands Act and the Deepwater Ports Act of 1974.
Section 12
Section 12(a) would provide that the laws of the United
States applicable to the Free Associated State shall continue in
effect except to the extent repealed or modified by the compact,
or incompatible with it.
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"ocrText": "- 9 -\nThere are practical problems in maintaining free trade between\ntwo areas with different external tariffs. A major difficulty lies\nin preventing goods from being imported into the area with the lower\ntariff for re-exportation to the high tariff area, thereby avoiding\nthe latter's higher tariffs. To some degree this problem is miti-\ngated by rules of origin and other regulations, but loopholes\nalways remain.\nSection 9(e) of the proposed compact would attempt to deal\nwith this problem by requiring that 35 percent of value of an\nimported product be added in Puerto Rico before it can be shipped\nto the United States. This is similar to the rule of origin appli-\ncable to our Generalized System of Preferences (GSP), which was\nauthorized by the Trade Act of 1974. However, the GSP provisions\ncontain built-in safeguards, e.g., the tariff preferences are\napplicable only to nonsensitive products, and are subject to a\n$25 million limit. Escape clause relief is available if such\nimports cause or threaten injury. None of these safeguards would\napply to Puerto Rico under the compact. Thus, goods could be\nimported into Puerto Rico, processed sufficiently to meet the\n35 percent rule, and then exported to the United States duty free\nwithout limitation. The absence of safeguards, or of any other\nmeasures to prevent injury to U. S. producers, makes the proposal\nunacceptable on practical as well as policy grounds.\nSubsection (d) would also provide that \"Puerto Rico shall\ncontinue to enjoy the right to levy tariffs upon or otherwise to\nrestrict the import of coffee from foreign countries or the United\nStates. \" However, under current law, Puerto Rico has authority\nonly to impose duties on imports of coffee from foreign countries\nor from the United States if the coffee is grown in a foreign coun-\ntry. 19 U.S.C. 1319. The Department is opposed to this provision\nto the extent that it would modify existing law.\nFinally, with regard to customs procedures, the Department is\nuncertain of the overall applicability of section 2(b) and section\n3(b) to duty on vessel repairs (19 U.S.C. 1466) and tonnage tax\n(46 U.S.C. 121 and 128) , and of the applicability of the Outer\nContinental Shelf Lands Act and the Deepwater Ports Act of 1974.\nSection 12\nSection 12(a) would provide that the laws of the United\nStates applicable to the Free Associated State shall continue in\neffect except to the extent repealed or modified by the compact,\nor incompatible with it."
}