276. Memorandum of a Meeting of the Special Committee To Investigate Crude Oil Imports, Washington, September 10, 19571

PARTICIPANTS

  • Assistant Secretary of Commerce Mueller, Acting Chairman
  • Secretary of the Treasury Anderson
  • Deputy Secretary of Defense Quarles
  • Major General Catulla, Defense Department
  • Secretary of the Interior Seaton
  • Mr. Gordon Gray, Director, Office of Defense Mobilization
  • Under Secretary of Labor O’Connell
  • Mr. Fowler, Consultant to Office of Defense Mobilization
  • Judge Hansen, Justice Department
  • Dr. Arthur Flemming, Consultant to the Committee
  • Captain M. V. Carson, Jr., Interior Department
  • Mr. Loftus Becker, Legal Adviser, State Department
  • Mr. Willis C. Armstrong, Director, Office of International Resources, State Department

The meeting opened with the report of Captain Carson concerning the operation of the import restriction program. Captain Carson presented the main points of the report orally, and distributed copies to the various agencies. (Copies of the report are attached to this memorandum.)

Imports during the second half of 1957 will be somewhat higher than the target, but this is natural in view of the fact that the program was not announced until July 29, and that procurement schedules cannot be quickly changed. The decline in import levels has begun, however. Certain problems have emerged. One of them, the fact that there are six or eight small importers who were not listed at all at the time the report was prepared. Another problem arises from the fact that several of the companies listed object to their quotas and have obtained the right to formal hearings to protest the quotas assigned to them. A third problem consists of the fact that such companies as Superior, Ashland, and Crown, have all announced their intention to become importers at the rate of about 25,000 barrels a day each, beginning quite soon. If the total quota may be increased, perhaps these problems can be resolved, but otherwise it will be very difficult. It will be awkward to persuade other importers to reduce their amounts so as to make room for “new” importers”. If adjustments are made to allow for all “new” importers a very substantial increase in imports over the recommended level will occur.

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Assistant Secretary Mueller presented the case of Socony Mobil which has cooperated fully with the program, but which has requested that certain crude oil from Venezuela, which is of a very high asphalt content, and which Socony imports for processing at an asphalt plant in East Providence, Rhode Island, be exempted from the crude oil quota. Captain Carson had ruled that it could not be exempted, because of the definitions used by the Committee. Assistant Secretary Mueller had felt that this was inequitable. There was a long discussion of this matter. It was recognized that imports of high asphalt crudes were logical for road-building materials and for the chemical industry. It was also recognized that in many cases there was no domestic crude available instead, but that the alternative was to import residual fuel oil. Consequently, it was quite clear that no benefit to the domestic crude oil industry would accrue from restriction on a certain portion of the high asphalt crudes. It was recognized that some 120,000 barrels per day of such asphaltic crudes are normally imported. It was finally agreed that a letter would be written to Socony Mobile by Mr. Mueller which would indicate that no exception would be made in the definition of crude oil, but it would leave the door open to some form of adjustment, in view of the fact that Socony has fully cooperated, and in view of the merits of the case.

There was a general discussion of how to handle “new” importers, and it was recognized that increases in demand could not really be counted upon to satisfy the requirements of the new importers, and that there would, therefore, have to be cutbacks in scheduled imports, by both the new importers and the more established ones.

Under Secretary Quarles brought up the question of Defense Department purchases of jet fuels. The Defense Petroleum Agency has gone out for bids for 35 million barrels of jet fuels, and has received bids from American companies for delivery from a variety of sources. From the standpoint of cost, the arrangement which is most satisfactory is to obtain 8 million barrels off shore. Of this amount 800,000 will be used off shore, and another 800,000 will be delivered on the West Coast. The Defense Department will save around $3 million by this procurement process as against what would happen if it procured all the jet fuel domestically. The law requires it to buy competitively at the lowest price, and there is an exemption of petroleum from the provisions of the Buy American Act. The question was the extent to which it was appropriate for the Defense Department to procure from abroad about a quarter of its requirements for jet fuels, in view of the fact that the government is engaged in trying to limit imports of oil. A general discussion followed, and it was agreed that the Defense Department had no alternative but to proceed with its procurement. It would, however, [Page 741] issue a public statement explaining its action in terms of saving money and the requirements of competitive bidding. It was also agreed that the announcement would not be of such a nature as to involve any question of possible change in the Buy American Act so as to make it apply to petroleum.

[Attachment]

Memorandum From the Administrator of the Voluntary Oil Import Program, Department of the Interior (Carson), to the Chairman of the President’s Committee To Investigate Crude Oil Imports (Weeks)

SUBJECT

  • Progress of the Voluntary Oil Import Program

1. On July 30, 1957, I was appointed by the Secretary of the Interior as Administrator of the Voluntary Oil Import Program. The Program is that recommended by the President’s Special Committee to Investigate Crude Oil Imports on July 29, 1957, and approved by the President on that same date.

2. On August 2, 1957, telegrams were sent to all of the companies listed in Table II2 of the above-mentioned report, advising them of the quantity of crude oil they should import, on a thousand barrel per day average, during the year ending June 30, 1958. Responses were received from all the companies addressed, and only one company, Sun Oil Company, stated that it could not participate in the program; however, its reply indicated that it would reduce its imports to the figure recommended by the Committee for that company by April 1, 1958. Other replies varied from statements of unreserved cooperation with the Government in the program to noncommittal statements regarding adherence but requesting a hearing on the quantities recommended.

3. On August 16, 1957, the administrative procedures for the conduct of hearings to correct inequities or to act on applications for the commencement of operations by new importers, were announced. On August 19, 1957, all those companies who had indicated in their responses to my telegram of August 2, 1957, that they desired a hearing or wanted to discuss a revision in the figures set by the Committee were invited to name two alternative dates for a [Page 742] hearing of their petitions. Until now, of the 10 who had previously indicated that a hearing was desired, only 6 companies have asked for definite hearing dates. These have been fixed as follows:3

September 10 Standard Oil Company (Indiana)
9:30 AM Chicago, Illinois
Room 6618
September 11 Tidewater Oil Company
9:30 AM San Francisco, California
Room 5160
September 11 Standard Oil Company (Ohio)
2:30 PM Cleveland, Ohio
Room 5160
September 16 Northwestern Refining Company
2:00 PM St. Paul Park, Minnesota
Room 5160
September 17 Eastern States Petroleum Company, Inc.
9:30 AM Houston, Texas
Room 5160
September 18 International Refineries, Inc.
2:00 PM Minneapolis, Minnesota
Room 5160

The lack of requests for hearing dates for other companies who had previously stated they desired hearings cannot be explained with certainty.

4. It was to be expected that imports of crude oil into Districts I through IV during the last half of 1957 would exceed the quantities recommended by the Committee. The Committee’s recommendations were, of course, directed to a daily average during the year ending June 30, 1958. Several factors are responsible for an overage during the last half of 1957. First of all, the Committee’s recommendations were not made public until July 29, 1957, and were, therefore, retroactive in application to July 1. Adjustment in tanker schedules could not be made overnight, and the relatively heavy imports during the month of August can in large measure be attributed to tankers loading for or already enroute to the United States when the [Page 743] program was announced. Furthermore, some time must elapse to adjust commitments for the purchase of crude oil overseas.

5. Despite these factors, crude oil imports into Districts I through IV have shown a decline since the inception of the program from a high of 1,045,700 barrels a day for the week ending August 9, 1957, to a low of 880,000 barrels daily for the week ending August 30, 1957. West Coast imports have averaged 289,900 barrels daily for the six-week period. Table I shows crude oil imports into the U.S. for that period.

6. Tables II and III summarize the data supplied by the named importing companies relating to their actual imports during July 1957 and projected imports, by months, for the remaining five months of 1957. Again, it is interesting to note that the daily average for the last half of 1957 is 839,800 barrels. This figure compared with the Committee’s recommendations for the year ending June 30, 1958, of a daily average of 755,700 barrels imports into Districts I through IV shows an excess of 84,100 barrels daily. As stated before, an overage is to be expected during the last half of 1957, but the greater part of the expected overrun, even for this period, can be attributed to two companies, named in the Committee report—Tidewater Oil Company and Standard Oil Company (Indiana), and to several importers such as Bay Refining Company whose past and programmed imports were not included in the Report.

7. At this time, it is too early to predict with accuracy the success of the Voluntary Program. Both Standard of Indiana and Tidewater, whose petitions are being heard during the week of September 9, 1957, could have a most serious adverse effect on the program in the event they failed to keep their imports closely in line with the decision of the Administrator after their cases have been heard. Such an event could not but result in other importers taking the position that the program has failed and that they, in turn, are justified in increasing their imports to maintain a relative competitive position.

8. Another potential source of danger to the program is the coming of new importers into the field who neither desire to submit their case for a hearing, or having so submitted, refuse to abide by the decision of the Administrator as to approved import allowables. At least three companies—Superior Oil, Ashland Oil and Refining Company and Crown Central Petroleum Company—have indicated that they each intend to begin crude oil imports of up to 20,000 to 25,000 barrels daily. This quantity would certainly have an unfortunate effect on other present importers who are now adhering to the plan. It is quite possible, of course, that there will be others who want to enter the import field in addition to those mentioned.

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9. While the Committee recognized that new importers should have the opportunity to begin importing crude oil, it appears that with a normal annual increase in domestic demand of 3.4% to 3.8%, imports could increase in a year 30,000 to 35,000 barrels daily and still maintain a ratio of about 12% of imports to domestic production. However, it is not clear at this time whether the increase in allowable imports should all go to new importers (those not now importing) or should be prorated between them and those who are now importers. In any event, it appears most unlikely that an increase in domestic demand will provide room for additional imports in the quantities foreseen. The alternative, named by the Committee, for the older importers to make room for the new importers (by further curtailment of programmed imports) appears to have negligible chances of success. It might also present a serious question of possible antitrust violations as the older importers could, in effect, determine what a newcomer would be allowed.

10. Succeeding reports of the status of the program will be submitted regularly at intervals of about sixty days or oftener if directed by the Chairman of the Committee.

M.V. Carson, Jr.4
  1. Source: Department of State, Central Files, 411.006/9–957. Official Use Only. Drafted by Armstrong.
  2. Attached Tables I, II, and III are not printed.
  3. A footnote in the source text states that the following hearings would be held in the Department of the Interior Building.
  4. Printed from a copy that bears this typed signature.