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Economy - Trade Poultry/Cognac
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The original documents are located in Box 11, folder "Economy - Trade Poultry/Cognac"
of the Philip Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Digitized from Box 11 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
THE WHITE HOUSE
WASHINGTON
November 10, 1976
MEMORANDUM FOR:
BILL SEIDMAN
FROM:
PHIL BUCHEN
T.
SUBJECT:
Poultry/Cognac
Problem
I have no objection to
Ambassador Dent's recommendations.
FORD 2 BERALD LIBRARY
THE WHITE HOUSE
WASHINGTON
November 10, 1976
MEMO FOR: PHIL BUCHEN
Boline
FROM:
BOBBIE KILBERG
SUBJECT:
Seidman memo re Poultry/
Cognac Problem
Suggested response:
No objection to Ambassador Dent's
recommendationS.
FORD LIBRARY
THE WHITE HOUSE
WASHINGTON
November 10, 1976
MEMORANDUM FOR PHILIP BUCHEN
JAMES CANNON
MAX FRIEDERSDORF
JOHN O. MARSH
FROM:
L. WILLIAM SEIDMAN sws
SUBJECT:
Poultry/Cognac Problem
Attached is a memorandum for the President from Ambassador
Dent regarding the poultry/cognac problem.
I would appreciate having your comments and recommendations
on this matter by 10:00 a.m. Thursday, November 11, 1976.
Thank you very much.
Attachment
FORD i LIBRARY BERALD
CONFIDENTIAL
THE SPECIAL REPRESENTATIVE FOR
TRADE NEGOTIATIONS
WASHINGTON
November 9, 1976
MEMORANDUM
FOR THE PRESIDENT
FROM:
Ambassador Frederick B. Dent (Signed) Frederick B. Dent
SUBJECT: Poultry/Cognac Problem
In 1974, the United States successfully concluded
negotiations under GATT Article XXIV:6 with the European
Community (EC) related to the entry of the United Kingdom,
Denmark and Ireland into the Common Market. Following these
negotiations, the United States made a unilateral decision
to decrease the tariff on certain brandy imports into the
United States. This was accomplished by increasing the
"price-break" at which higher rates of duty ($5 per gallon)
would apply. Prior to the action, brandy had to be valued
at $9 per gallon or less to qualify for the lower duty rates.
After the action, brandy qualified for lower rates of duty if
it was valued at $17 per gallon or less. French cognac fell
mainly in this $9 to $17 price range and thus benefited from
the increase of the price-break. During the last two years,
this brandy has been dutiable at $1.00 per gallon (bulk) and
$1.25 per gallon (bottled) rather than the $5 per gallon rate.
Presidential Proclamation 4304 of July 16, 1974, which
implemented this action stated specifically that it was being
taken in order to "encourage the resolution of outstanding
trade disputes between the United States and the EEC, including
the removal of unreasonable import restrictions on poultry."
(Tab A). This action benefited the French and encouraged their
support for resolution of the 1974 negotiations. At that time
we made clear to the French that our commitment to maintain
the price-break at $17 was for two years and its continuation
would depend on the resolution of outstanding trade problems,
particularly those affecting U.S. poultry exports.
Although no specific commitments were made to the poultry
industry in 1974, they clearly viewed the action on cognac as
being linked to achievement of improved access conditions for
U.S. poultry in the EC market. However, despite extensive U.S.
efforts to obtain improved access for U.S. poultry, including
DECLASSIFIED
E.O. 12958, Sec. 3.5
NSC Memo, 11/24/98, State Dept. Guidelines
LIBRARY GERALD R. FORD
By WHM NARA, Date 5/5/00
CONFIDENTIAL
CONFIDENTIAL
- 2 -
meetings with top level EC and French officials (including a
meeting with then French Minister of Trade, Raymond Barre on
May 20) at the end of the two year U.S. commitment period on
June 30 of this year, restrictions on U.S. poultry exports to
the EC (particularly turkeys and turkey parts) were substantially
more of a burden to U.S. trade than those in effect prior to
the price-break action (Tab B). As a result the domestic
poultry industry has strongly urged that we roll back the
price-break to the earlier $9 per gallon level. This decision
has been held in abeyance to date, however, in order to permit
intensified efforts with both EC and French Government officials
to seek a meaningful resolution of this problem.
On August 2, notice was published in the Federal Register
to obtain the views of the public on a proposal to roll back
the price-break on cognac in order to restore the previous
level of duty. Public hearings were scheduled for September 1
and subsequently postponed until September 21 at the request of
French and EC officials who asked for additional time to complete
initiatives underway within the Community.
Public hearings were held on September 21-22 on the proposed
U.S. action. Representatives of the poultry industry again urged
that the United States take decisive action and roll back the
price-break if meaningful concessions on poultry were not obtained.
Representatives of the cognac importers opposed this action.
Following analysis of the testimony presented at the hearings,
EC and French officials were informed that a roll back would be
inevitable unless the EC took action by October 8 to meet our
requests.
In a final effort to resolve the poultry/cognac problem
an interagency task force considered and approved a minimum U.S.
request which would provide the basis for a satisfactory interim
resolution of the poultry/cognac issue. This request would have
reduced EC import restrictions on U.S. turkey parts and improved
trading conditions for these products (TAB C). The task force
also agreed to consider rescinding U.S. penalty duties on
potato starch and dextrine to facilitate favorable EC action.
I presented this request to the Head of the EC Delegation
and the Ambassadors of France and the Netherlands during the
week of October 4. During these meetings I stressed that what
was necessary now was a political decision on the part of the
Community that the problem be resolved. I pointed out that
the United States had bent over backwards to be accommodating
i
FORD
GERALD
LIBRARY
CONFIDENTIAL
CONFIDENTIAL
- 3 -
but that we were running out of time and that the October 8
meeting of the Poultry Management Committee would in effect
provide a final opportunity for EC action.
The results of the October 8 meeting of the Poultry
Management Committee fell far short of U.S. requirements.
However, a U.S. decision on roll back was again deferred at
the request of the EC Delegation Head Fernand Spaak, to permit
"political level" consideration during the U.S./EC bilateral
consultations, October 21-22 in Washington.
On October 21 I discussed this question with EC Commissioner
Gundelach (Acting Commissioner for External Relations). I
noted that the October 8 offer would not provide a basis for
a solution and reiterated the elements of the U.S. request
(TAB C). I also informed him that without a substantial
improvement in the EC offer the United States would have no
alternative but to proceed to a roll back decision. Gundelach
responded that he would personally look into this matter. He
also requested, and I agreed, that technical consultations be
held in Brussels on October 28 to provide a final opportunity
for clarification of the issues.
Following the Brussels meeting the EC informed me on
November 4 that they were prepared to make modest improvements
in their former offer. However, this revised offer still falls
far short of the U.S. request and would not result in improved
market access for U.S. poultry in the EC market. Commissioner
Gundelach has further informed me that from the EC point of
view the November 4 offer is final.
The following factors are relevant in consideration of a
roll back decision:
PRO:
1. Extensive U.S. efforts to seek a satisfactory
resolution are well documented.
2. Would maintain U.S. credibility. We have told
EC that we would be forced to roll back unless
meaningful concessions for poultry were obtained.
3. Would be strongly supported by the domestic
poultry industry.
4. Would maintain pressure on the EC for early
resolution of poultry problem in MTN.
FORD : 0.E.AL LIBRARY
CONFIDENTIAL
CONFIDENTIAL
- 4 -
CON:
1. Would be an irritation in U.S. relations with the
EC and France.
2. Could lead to retaliation by the EC through
increased poultry restrictions. Annual U.S.
turkey and turkey parts exports of $30 million
could be affected. (However, the U.S. poultry
industry has indicated its willingness to
accept this risk in order to further its long
term objectives in the EC market.)
3. Would penalize U.S. importers and consumers of
French cognac.
This problem has been carefully reviewed by the interagency
Trade Policy Committee structure. The Departments of Agriculture,
Commerce and Labor, the Council of Economic Advisors, the Council
on International Economic Policy, and the Office of the Special
Trade Representative recommend action to roll back the price-break
on bottled brandy from $17 to $13 and on bulk brandy from $17 to
$9 per gallon restoring duties on these products to the previous
level of $5 per gallon.
The Treasury Department favors a roll back but proposes
that the duty on bottled brandy in the $13 - $17 price range
be increased to $3 per gallon instead of $5 per gallon.
The Department of State has reserved its position.
I strongly favor the roll back recommendation. This action
is supported by the majority of participating member agencies.
I am forwarding for your consideration with this memorandum a
proclamation which would implement this action.
This action is structured so that its impact will be
mainly on French cognac which now enters at prices above $13
per gallon. It will not affect bottled brandies in the $9 to
$13 range which is mainly imported from other suppliers.
If approved this action will take effect on December 10
approximately 30 days from date of signature. This will permit
entry of goods in transit and will not affect brandy already
entered in bond or in foreign trade zones.
CONFIDENTIAL
LIBRARY GERALD ? FORD
TAB C
U.S. MINIMUM REQUEST
CONFIDENTIAL
I. Commission to modify appropriate EC regulation
governing the application of supplementary levies or
charges on poultry and poultry products so that changes
in these charges are effective at the time of shipment
rather that at time of arrival at the EC border.
II. Commission to revise the coefficients used to derive
gate prices for certain parts:
Revised
Current
Product
Coefficient
Coefficient
(a) Turkey drumsticks
0.60
0.90
(b) Turkey thighs
0.90
1.55
(c) Turkey breasts
1.55
1.65
III. Best efforts commitment by the Dutch and French to
ensure that the level of supplemental charges on turkey and
turkey parts is not increased above the levels in effect
on May 1, 1976, or the level which would have resulted from
application on that date of the above coefficients, which-
ever is lower, pending definitive and early resolution of the
poultry problem in the MTN. This does not preclude changes
which result from the automatic operation of the variable
levy system. This assumes that any decreases in such charges
which would result from the normal operation of the system
if U.S. delivered prices for these products rise will be
duly provided.
IV. Commitment from the French Government to early technical
FORD
with a view toward possible liberalization of these
discussions on health regulations governing poultry imports GERALITY
LIBRARY
regulations.
CONFIDENTIAL
presidential documents
Title 3-The President
PROCLAMATION 4301
Termination, In Part, of the
Suspension of Benefits of Trade
Agreement Concessions and
Adjustment of Duty on Certain
Brandy
By the President of the United States of America
A Proclamation
1. WHEREAS, pursuant to the authority vested in him by the Con-
stitution and the statutes of the United States of America, including
sections 252(c) of the Trade Expansion Act of 1962 (19 U.S.C.
1882(c)) and section 350(a) (6) of the Tariff Act of 1930, as amended
(19 U.S.C. 1351 (a) (6) the President, in response to certain unreason-
able import restrictions on poultry from the United States maintained
by the European Economic Community (the EEC), suspended, by
Proclamation No. 3564 of December 4, 1963, the application of the
benefits of certain trade agreement concessions;
2. WHEREAS, the President has determined that it is in the interest
of the United States to restore, in part, the application of the benefits
of trade agreement concessions suspended by Proclamation No. 3564
in order to encourage the resolution of outstanding trade disputes between
the United States and the EEC, including the removal of unreasonable
import restrictions on poultry from the United States maintained by
the EEC;
3. WHEREAS, section 255(b) of the Trade Expansion Act of 1962
and section 350(a) (6) of the Tariff Act of 1930, as amended, authorize
the termination, in whole or in part, of a proclamation issued pursuant
to title II of the Trade Expansion Act of 1962 and section 350 of the
Tariff Act of 1930. as amended, respectively.
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 of the United States of America, including
section 255 (b) of the Trade Expansion Act of 1962 and section 350 of
the Tariff Act of 1930, as amended, in order to restore the application
of the benefits of trade agreement concessions on certain brandy valued
LIBRARY GERALD ? FORD
FEDERAL REGISTER, VOL. 39, NO. 139-THURSDAY. JULY 18. 1974
1
THE PRESIDENT
over $9 per gallon, suspended by Proclamation 3564 of December 4,
1963, do hereby proclaim-
'(1) the termintaion of such part of Proclamation 3564 of December 4,
1963 as proclaims a rate of duty inconsistent with that provided for in
the amendment made by paragraph (2) of this proclamation; and
(2) the amendment of subpart B of part 2 of the Appendix to the
Tariff Schedules of the United States to read as follows:
Rates of Duty
Item
Article
1
2
945.16
Brandy valued over $17.00 per gallon
provided for in items 168.20 and
$5 per gal
No change.
168.22
The rates provided for in the amendment made by paragraph (2) of
this proclamation shall be effective as to all articles entered, or withdrawn
from warchouse, for consumption on and after July 1, 1974.
IN WITNESS WHEREOF, I have hereunto sct my hand this
sixteenth day of July, in the year of our Lord ninctcen hundred seventy-
four, and of the Independence of the United States of America the one
hundred ninety-ninth.
Richard Nifor
[FR Doc. 74-16661 Filed 7-17-74; :33 am]
FORD BERRATOR BERALD LIBRARY
TAB B
EVOLUTION OF AD VALOREM EQUIVALENT OF TOTAL EC LEVIES FOR
WEST GERMANY
:
Whole
:
Turkey
:
Turkey
:
Turkey
:
Turkeys
Breasts
:
Thighs
:
Drumsticks
February 1, 1974
11
:
9
:
13
:
12
May 1, 1974
7
:
7
:
35
:
9
August 1, 1974
26
:
28
:
105
:
29
November 1, 1974
21
:
48
:
133
:
47
:
:
:
:
February 1, 1975
12
:
50
:
142
:
72
May 1, 1975
13
:
62
:
148
68
August 1, 1975
17
54
:
147
70
November 1, 1975
14
39
:
116
54
:
:
February 1, 1976
15
28
47
:
56
May 1, 1976
24
29
80
:
57
August 1, 1976
26
24
:
73
:
88
October 12, 1976
27
24
:
2/71
:
3/88 I
1/ Based on total EC charges (variable levy plus supplementary levy) compared with U.S. N.Y. whole-
sale price plus transportation and delivery charges. 2/ With coff. of 1.40. 3/ With coff. of .80.
GERALD
R.
FORD
LIBRARY
CONFIDENTIAL
THE SPECIAL REPRESENTATIVE FOR
TRADE NEGOTIATIONS
WASHINGTON
November 9, 1976
MEMORANDUM
FOR THE PRESIDENT
FROM: Ambassador Frederick B. Dent (Signed) Fred Dent
SUBJECT: Poultry/Cognac Problem
The attached memorandum details the extensive U.S.
Government efforts to negotiate improved access to the
European Community market for U.S. poultry in return for
a commitment to maintain present favorable duty levels on
imports of French cognac. The cognac duty was unilaterally
reduced by the United States in 1974 unbalancing trade
concessions for a two year period to "encourage the
resolution of outstanding trade disputes between the
United States and the EC, including the removal of
unreasonable restrictions on poultry."
These efforts have not been successful. Despite numerous
warnings that U.S. cognac duties would be restored to former
levels without meaningful EC poultry concessions, the European
Community has not been forthcoming. The two-year period
ended on June 30, 1976 and the domestic poultry industry is
pressing strongly for U.S. action. I am enclosing a list of
the Members of Congress and Farm Organizations which have
advocated roll back action.
I believe that the U.S. Government has made every possible
effort to seek a satisfactory resolution of this problem. In
my view further negotiations at this time would not be likely
to result in an early solution. U.S. credibility both inter-
nationally and with the domestic agricultural community requires
that action now be taken to restore the former level of the
cognac duty.
This problem has been carefully reviewed by the interagency
Trade Policy Committee structure. The recommendation and proposed
agency positions are as follows:
RECOMMENDATION:
Roll back the price-break on bottled brandy from $17 to
$13 per gallon and on bulk brandy from $17 to $9 per gallon,
restoring duties on these products to $5 per gallon.
DECLASSIFIED
E.O. 12958, Sec. 3.5
NSC Memo, 11/24/98, State Dept. Guidolines
By WHM NARA, Date 5/5/00
CONFIDENTIAL
FORD & 03RALD LIBRARY
CONFIDENTIAL
- 2 -
This recommendation is supported by the Departments of
Agriculture, Commerce and Labor, the Council of Economic
Advisors, the Council on International Economic Policy, and
the Office of the Special Trade Representative.
The Treasury Department favors a roll back but proposes
that the duty on bottled brandy in the $13 - $17 price range
be increased to $3 per gallon instead of $5 per gallon.
The Department of State has reserved its position.
I strongly favor the roll back recommendation. This action
is supported by the majority of participating member agencies.
I am forwarding for your consideration with this memorandum a
proclamation which would implement this action.
This action is structured so that its impact will be
mainly on French cognac which now enters at prices above $13
per gallon. It will not affect bottled brandies in the $9 to
$13 range which are mainly imported from other suppliers.
If approved this action will take effect on December 10
approximately 30 days from date of signature. This will permit
entry of goods in transit and will not affect brandy already
entered in bond or in foreign trade zones.
Approved
Disapproved
&
FORD
GERALD
LIBRARY
CONFIDENTIAL
MEMBERS OF CONGRESS AND FARM ORGANIZATIONS SUPPORTING POULTRY/
COGNAC PRICE-BREAK ROLLBACK
MEMBERS OF CONGRESS
1.
Senator Herman Talmadge
2.
Senator Hugh Scott
3.
Senator Richard Schweiker
4.
Congressman Edwin Eshleman
5.
Congressman G. William Whitehurst
6.
Congressman J. Kenneth Robinson
7.
Congressman Daniel J. Flood
FARM ORGANIZATIONS SUPPORTING POULTRY/COGNAC PRICE-BREAK ROLLBACK
1.
Poultry and Egg Institute
2.
National Broiler Council
3.
National Turkey Federation
4.
American Farm Bureau Federation
5.
The Grange
6.
Northeastern Poultry Producer's Council
7.
Pennsylvania Poultry Federation
8.
Virginia Poultry Federation
9.
Georgia Poultry Federation
10.
Southeastern Poultry and Egg Association
11.
Indiana State Poultry Association
12.
Pennsylvania Poultry Processors
13.
Pacific Egg and Poultry Association
14.
North Carolina Poultry Federation
15.
Iowa Turkey Federation
FORD : LIBRARY CERALD
16.
Minnesota Turkey Growers Association
2
17.
California Turkey Industry
18.
Alabama Poultry and Egg Association
19.
Texas Poultry Federation
20.
Indiana State Poultry Association
21.
Mississippi Poultry Association, Inc.
22.
Nebraska Turkey Federation
23.
Nebraska Poultry Industries, Inc.
24.
Ohio Poultry Association
25.
Poultry Industries of Louisiana, Inc.
FORD is LIBRARY
ADJUSTMENT OF DUTY ON CERTAIN BRANDY
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
1. In December, 1963, in the exercise of
international rights accorded the United States,
particularly paragraph 3 of Article XXVIII of the
General Agreement on Tariffs and Trade (the GATT),
the United States notified the Contracting Parties
to the GATT that it was suspending certain trade
agreement concessions made by the United States
and reflected in the United States Schedules to
the GATT in response to a withdrawal of certain
concessions with respect to poultry, resulting
from the formation of the European Economic
Community.
2. Pursuant to the authority vested in
him by the Constitution and the statutes of the
United States of America, including section
252(c) of the Trade Expansion Act of 1962
(19 U.S.C. 1882(c)), and section 350 (a) (6) of
the Tariff Act of 1930, as amended (19 U.S.C.
1351 (a) (6)), the President determined that the
European Economic Community maintained unreasonable
import restrictions on poultry from the United States
and suspended, by Proclamation No. 3564 of December
FORD : LIBRARI GERVID
1963, the application of the benefits of the trade
agreement concessions of the United States which were
suspended as noted in paragraph 1.
2
3. By Proclamation 4304 of July 16, 1974,
pursuant to section 255(b) of the Trade Expansion
Act of 1962 (19 U.S.C. 1885(b)), and section 350
of the Tariff Act of 1930, as amended (19 U.S.C.
1351), the President, in order to encourage the
resolution of outstanding trade disputes between
the United States and the European Communities
(the EC), including the removal of unreasonable
import restrictions maintained by the EC on
poultry from the United States, terminated in
part Proclamation 3564 of December 4, 1963,
restored in part the application of the benefits
of the suspended trade agreement concessions on
certain brandy valued over $9 and not over $17
per gallon, and maintained a rate of duty for
column 1 of $5 per gallon for brandy valued over
$17 per gallon provided for in items 168.20
and 168.22 of the Tariff Schedules of the United
States (TSUS). This action was taken for the
purpose of providing a temporary adjustment for
a period of time during which a satisfactory
solution to the aforementioned trade dispute
could be found.
4. No solution having been reached between
the United States and the EC regarding the removal
of unreasonable import restrictions on poultry
from the United States, I have determined it to
be appropriate, in the exercise of United States
rights under Article XXVIII of the GATT following
from the suspension of concessions noted in
3
paragraph 1 above, to increase rates of duty on
certain brandy as provided in this proclamation.
5. Pursuant to Section 125 (c) of the Trade
Act of 1974 (19 U.S.C. 2135(c)), whenever the
United States, acting in pursuance of any of its
rights or obligations under any trade agreement
entered into pursuant to the Trade Act of 1974,
section 201 of the Trade Expansion Act of 1962,
or section 350 of the Tariff Act of 1930,
withdraws, suspends, or modifies any obligation
with respect to the trade of any foreign country
or instrumentality thereof, the President is
authorized to proclaim increased duties or other
import restrictions, to the extent, at such times,
and for such periods as he deems necessary or
appropriate, in order to exercise the rights or
fulfill the obligations of the United States.
6. Moreover, section 255 (b) of the Trade
Expansion Act of 1962, and section 350 (a) (6) of
the Tariff Act of 1930, as amended, authorize the
termination, in whole or in part, of any proclamation
issued pursuant to Title II of the Trade Expansion
Act of 1962, and section 350 of the Tariff Act
of 1930, as amended, respectively.
7. For purposes of the Generalized System
of Preferences, the former TSUS items 168.20
and 168.22, providing for all brandy valued over
$9 per gallon, were subdivided into new items
168.23, 168.26, 168.28, and 168.32, the first
4
two of which apply to pisco and singani, which
are types of brandy not produced in the EC,
and the latter two of which provided for all
other brandy valued over $9 per gallon.
8. In accordance with the requirements of
the Trade Act of 1974, the Trade Policy Staff
Committee held a public hearing on September 21 and
22, 1976, at which all interested persons were
given reasonable opportunity to be present, to
produce evidence, and to be heard on the proposed
duty increase on brandy. Public notice of the
hearing was given on August 19, 1976 (41 F.R.
35107).
NOW, THEREFORE, I, Gerald R. Ford, President
of the United States of America, acting under the
authority vested in me by the Constitution and
the statutes of the United States of America,
including section 125 (c) of the Trade Act of
1974, section 255 (b) of the Trade Expansion Act
of 1962, and section 350 (a) (6) of the Tariff Act
of 1930, as amended, in the exercise of the rights
of the United States, do hereby proclaim, until
the President otherwise proclaims or until other-
wise superseded by law, that:
A. Proclamation 4304 of July 16, 1974,
is terminated; and
B. Item 945.16 of Subpart B of part 2 of the
Appendix to the Tariff Schedules of the United
States (TSUS), is amended to read as follows:
- 5 -
Item
Article
Rate of Duty
1
2
945.16
Brandy valued
$5 per
No
over $13 per
gallon
Change
gallon provided
for in item
168.28, and
brandy valued
over $9 per
gallon provided
for in item
168.32
The modifications of Subpart B of Part 2 of
the Appendix to the TSUS, made by this proclamation,
shall be effective as to all articles that are both
(i) imported, and
(ii) entered, or withdrawn from warehouse,
for consumption,
on or after December 10, 1976.
IN WITNESS WHEREOF, I have hereunto set my
hand this
day of November, in the
year of our Lord nineteen hundred seventy-six, and
of the Independence of the United States of America
the two hundred and first.
GERALD R. FORD