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Laws & Regulations Database of The Republic of China (Taiwan)

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1.Signed on June 28,1980; Entered into force on July 1,1980.
 
1 This memorandum describes the self-restraint measures which w-
ill continue with respect to future exports of color televisi-
on receivers to the United States. The definition of color te-
levision receivers is set forth in Annex A and the restraint
levels for exports of color television receivers to the United
States in the third and fourth periods are set forth in Annex
B.
2 These restraints will continue to be administered through the
issuance of export visas as provided in the Note of December
28,1978, concerning color television receivers.
3 In order to assure that there is full compliance with the sel-
f-restraint measures contained in this memorandum, comprehens-
ive data on exports of color television receivers to the Unit-
ed States will be collected and maintained.
4 (a) It is recognized that the objectives of the measures of s-
elf-restraint described in the memorandum would not be achiev-
ed if exports of color television receivers were to reach the
United States indirectly via exports to countries other than
the United States. Accordingly, necessary measures will be ta-
ken to assure that such exports to countries other than the U-
nited States will not be transshipped to the United States.
(b) Best efforts will be used to space exports of color televis-
ion receivers to the United States as evenly as practicable,
over the restraint period, consistent with seasonal conside-
rations.
5
(a) Exports of color television receivers during the restraint
periods shall be counted against the restraint level applic-
able to the restraint period in which they are exported.
However, up to 11 percent of the restraint level in period 2
can be carried over into the following period, and up to 11
percent of the restraint level in any period subsequent to
period 2 may be carried over to the subsequent period, prov-
ided it does not exceed the shortfall. In addition, up to 10
percent of the restraint level in any period can be borrowed
from the subsequent period.
(b) Exceptions to the specifications in subparagraph (a) above
that imports are to be counted against the restraint level
for the restraint period in which they are exported may be
made in order (1) to permit imports that are exported in an-
y given restraint period, but that are not imported for con-
sumption until more than 90 days following the beginning of
the following restraint period, to be counted against the r-
estraint level for that following restraint period; and (2)
to permit imports that were exported in any given restraint
period, but that were denied entry in that restraint period
pursuant to subparagraph (c) below, to be counted against
the restraint level for the following restraint period.
(c) Except as provided in subparagraphs (a) and (b), in the eve-
nt that the restraint level set forth in Annex B is reached
prior to the end of a restraint period, importation of color
television receivers will be delayed until after the end of
that restraint period. Notice will be given as soon as poss-
ible should it become necessary to delay importation into t-
he United States due to filling of the restraint level.
6 The actions described in this memorandum are taken under the
assumption that, provided the measures outlined in this memora
-ndum and its Annexes are fully implemented, no unilateral ac-
tion will be taken to restrict the importation into the United
States of color television receivers covered by this memorand-
um except as provided below.
7
(a) It is recognized that action may be taken under Section 203
(g) (2) of the Trade Act of 1974 to limit imports during re-
straint periods 3 and 4.
(b) Monthly data on exports to the United States of color telev-
ision receivers will be supplied to the American Institute
in Taiwan (AIT) as such data become available. Data on mont-
hly imports of color television receivers into the United S-
tates, by principal countries of origin, will be supplied to
the Coordination Council for North American Affairs (CCNAA)
as such data become available. Any other pertinent and read-
ily available statistical data requested will be supplied p-
romptly. In accordance with current practice, United States
data will be used in determining the necessity for delay of
any imports into the United States pursuant to this memoran-
dum.
8
(a) Consultations may be requested on any matters arising from
the provisions of this memorandum, including, inter alia, a-
ny problems that may arise relating to circumventions of th-
e provisions of this memorandum. Such consultations will ta-
ke place at a mutually convenient time, no later than thirty
days from the date on which such request is made, unless ot-
her wise mutually agreed.
(b) If the economic conditions prevailing at the time of the di-
scussions concerning the establishment of these restraint l-
evels have changed substantially, consultations may be init-
iated for review of the provisions of this memorandum, incl-
uding the possibility of modifications or early termination
of the restraints.
(c) Mutually satisfactory administrative arrangements or adju s-
tments may be made to resolve problems arising in the imple-
mentation of the provisions of this memoradum, including di-
fferences in points of procedure or operation.
9
(a) If exports of color television receivers to the United Stat-
es, which are the subject of this memorandum, are placed in
an inequitable position vis-a-vis exports from other sources
, consultations may be initiated upon request.
(b) In order to assure the effectiveness of the selfrestraint m-
easures of this memorandum it is understood that the compos-
ition of trade in color television receivers and the articl-
es identified in Annex C will not change radically. If impo-
rts into the United States of articles identified in Annex C
increase so substantially as to undermine the effectiveness
of the subject restraints, then it is understood that AIT r-
eserves the right to consult with a view toward appropriate
action.
10 The provisions of this memorandum may be amended if such ame-
ndments are mutually agreeable.
11 No provision of this memorandum will be construed as applying
to prices or production of color television receivers or all-
ocation of shipments among firms selling (except that it is
recognized that such allocation may be deemed necessary and
therefore directed in the implementation of the provisions of
the provisions the provisions this memorandum) or buying col-
or television receivers.
12 The provisions of this memorandum may be terminated by giving
sixty days prior written notice.
13 The foregoing provisions of this memorandum will be implemen-
ted in accordance with applicable laws and regulations.
For the Coordination Council
for North American Affairs:
(Signed)
Taipei, June 28,1980
For the American Institute in Taiwan:
(Signed)
Samuel Lee
Taipei, June 28,1980
Annex A
For the purposes of this memorandum, the term "color television
receivers" means those articles classifiable under item numbers
685.1127, 685.1128, 685.1129, 685.1135, 685.1142, 685.1455, 685.
1461, and 685.1462 of the Tariff Schedules of the United States
Annotated (1980) excluding those 12 inches and under.
Annex B
Restraints will be applied on exports to the United States of c-
olor television receivers as defined above so that exports to t-
he United States will not exceed the following levels during the
periods specified:
Period 3 (July 1,1980-June 30,1981)-400.000 sets
Period 4 (July 1,1981-June 30,1982)-425.000 sets
Annex C
The articles referred to in paragraph 9 (b) of the memorandum a-
re those classifiable under item number 685.1564 of the Tariff
Schedules of the United States Annotated (1980).
Ⅰ Letter from Mr. David Dean, Chairman of the Board and Managi-
ng Director of American Institute in Taiwan, to Mr. Konsin C.
Shah, Repesentative of Coordination Council for North Americ-
an Affairs.
November 21,1980
Mr. Konsin C. Shah
Representative
Coordination Council for North
American Affairs
5161 River Road
Washington, D.C. 20016
Dear Mr. Shah:
The American Institute in Taiwan acknowledges receipt of the
signed Memorandum dated June 28,1980, between the Coordination
Council for North American Affairs and the American Institute in
Taiwan, which sets forth the extension of selfrestraint measures
which your government is to apply to exports of color television
receivers for the period July 1,1980 to June 30,1982.
It is our intention to implement the measures and obligations of
the Memorandum and we request that the Coordination Council for
North American Affairs confirm implementation of the Memorandum
in a similar fashion.
It is proposed, therefore, that your confirmation and our excha-
nge of letters, will then consitute an agreement.
Sincerely,
(Signed)
David Dean
Chairman of the Board
and Managing Director
Ⅱ Letter from Mr. Konsin C. Shah, Repesentative of Coordination
Council for North American Affairs, to Mr. David Dean, Chairman
of the Board and Managing Director of American Institute in Tai-
wan.
December 3,1980
Dear Mr. Dean:
This is in reply to your letter dated November 21,1980 concerni-
ng the Memorandum of June 28,1980 signed by the American Instit-
ute in Taiwan (AIT) and the Coordination Council for North Amer-
ican Affairs (CCNAA) setting forth orderly marketing measures f-
or exports of color television receivers from my country to the
United States for the period of July 1,1980 to June 30,1982.
I confirm that CCNAA agrees to implement the measures and oblig-
ations of the Memorandum, although its recent requests made dur-
ing the November 26th meeting between AIT and CCNAA for additio-
nal carryover from Agreement year 1981 to Agreement Year 1982 a-
nd extra amount of quota for the same year, based on the spirit
of equitable treatment vis-a-vis other supplying sources as ref-
lected in para. 9(a) of the Memorandum, are still under conside-
ration of AIT.
I agree that your letter memtioned above and this letter will c-
onstitute an agreement.
Sincerely,
(Signed)
Konsin C. Shah
Representative
Mr. David Dean
Chairman of the Board
and Managing Director
American Institute in Taiwan
1700 N. Moore St., 17th Floor
Arlington, Virginia 22209
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