US (United States) Code. Title 19. Chapter 18: Implementation of Harmonized Tariff Schedule

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Customs duties

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-CITE-

19 USC CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF

SCHEDULE 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

.

-HEAD-

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-MISC1-

Sec.

3001. Purposes.

3002. Definitions.

3003. Congressional approval of United States accession to the

Convention.

(a) Congressional approval.

(b) Acceptance of final legal text of Convention by

President.

(c) Unspecified private remedies not created.

(d) Termination.

3004. Enactment of Harmonized Tariff Schedule.

(a) Omitted.

(b) Modifications to Harmonized Tariff Schedule.

(c) Status of Harmonized Tariff Schedule.

(d) Interim informational use of Harmonized Tariff

Schedule classifications.

3005. Commission review of, and recommendations regarding,

Harmonized Tariff Schedule.

(a) In general.

(b) Agency and public views regarding

recommendations.

(c) Submission of recommendations.

(d) Requirements regarding recommendations.

3006. Presidential action on Commission recommendations.

(a) In general.

(b) Lay-over period.

(c) Effective date of modifications.

3007. Publication of Harmonized Tariff Schedule.

(a) In general.

(b) Content.

3008. Import and export statistics.

3009. Coordination of trade policy and Convention.

3010. United States participation on Customs Cooperation Council

regarding Convention.

(a) Principal United States agencies.

(b) Development of technical proposals.

(c) Availability of Customs Cooperation Council

publications.

3011. Transition to Harmonized Tariff Schedule.

(a) Existing executive actions.

(b) Generalized System of Preferences conversion.

(c) Import restrictions under Agricultural Adjustment

Act.

(d) Certain protests and petitions under customs law.

3012. Reference to Harmonized Tariff Schedule.

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19 USC Sec. 3001 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3001. Purposes

-STATUTE-

The purposes of this chapter are -

(1) to approve the International Convention on the Harmonized

Commodity Description and Coding System;

(2) to implement in United States law the nomenclature

established internationally by the Convention; and

(3) to provide that the Convention shall be treated as a trade

agreement obligation of the United States.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1201, Aug. 23, 1988, 102 Stat.

1147.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

subtitle'', meaning subtitle B (Sec. 1201 to 1217) of title I of

Pub. L. 100-418, which enacted this chapter, amended sections 58c,

1312, 1315, 1321, 1337, 1466, 1498, 2011, 2138, 2253, 2434, 2437,

2481, 2483, 2581, 2702, and 2703 of this title, sections 511r,

1444, 1783, and 1784 of Title 7, Agriculture, section 374 of Title

10, Armed Forces, section 301 of Title 13, Census, sections 1274,

2064, 2066, 2602, and 2612 of Title 15, Commerce and Trade,

sections 1606a and 3912 of Title 16, Conservation, sections 41 and

951 of Title 21, Food and Drugs, section 5059 of Title 22, Foreign

Relations and Intercourse, sections 7652 and 9504 of Title 26,

Internal Revenue Code, section 1295 of Title 28, Judiciary and

Judicial Procedure, and section 98h-4 of Title 50, War and National

Defense, and enacted provisions set out as notes under sections

1202, 3001, and 3005 of this title, and amended provisions set out

as notes preceding section 1202 and under section 2112 of this

title. For complete classification of subtitle B to the Code, see

Tables.

-MISC2-

EFFECTIVE DATE

Section 1217 of Pub. L. 100-418 provided that:

''(a) Accession to Convention and Provisions Other Than the

Implementation of the Harmonized Tariff Schedule. - Except as

provided in subsection (b), the provisions of this subtitle

(subtitle B (Sec. 1201-1217) of title I of Pub. L. 100-418, see

References in Text note above) take effect on the date of the

enactment of the Omnibus Trade and Competitiveness Act of 1988

(Aug. 23, 1988).

''(b) Implementation of the Harmonized Tariff Schedule. - The

effective date of the Harmonized Tariff Schedule is January 1,

1989. On such date -

''(1) the amendments made by sections 1204(a), 1213, 1214, and

1215 (amending sections 58c, 1312, 1315, 1321, 1337, 1466, 1498,

2011, 2138, 2253, 2434, 2437, 2481, 2483, 2581, 2702, and 2703 of

this title, sections 511r, 1444, 1783, and 1784 of Title 7,

Agriculture, section 374 of Title 10, Armed Forces, section 301

of Title 13, Census, sections 1274, 2064, 2066, 2602, and 2612 of

Title 15, Commerce and Trade, sections 1606a and 3912 of Title

16, Conservation, sections 41 and 951 of Title 21, Food and

Drugs, section 5059 of Title 22, Foreign Relations and

Intercourse, sections 7652 and 9504 of Title 26, Internal Revenue

Code, section 1295 of Title 28, Judiciary and Judicial Procedure,

and section 98h-4 of Title 50, War and National Defense, and

amending provisions set out as notes preceding section 1202 and

under section 2112 of this title) take effect and apply with

respect to articles entered on or after such date; and

''(2) sections 1204(c), 1211, and 1212 (enacting sections

3004(c), 3011, and 3012 of this title) take effect.''

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19 USC Sec. 3002 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3002. Definitions

-STATUTE-

As used in this chapter:

(1) The term ''Commission'' means the United States

International Trade Commission.

(2) The term ''Convention'' means the International Convention

on the Harmonized Commodity Description and Coding System, done

at Brussels on June 14, 1983, and the Protocol thereto, done at

Brussels on June 24, 1986, submitted to the Congress on June 15,

1987.

(3) The term ''entered'' means entered, or withdrawn from

warehouse for consumption, in the customs territory of the United

States.

(4) The term ''Federal agency'' means any establishment in the

executive branch of the United States Government.

(5) The term ''old Schedules'' means title I of the Tariff Act

of 1930 (19 U.S.C. 1202) as in effect on the day before the

effective date of the amendment to such title under section

1204(a).

(6) The term ''technical rectifications'' means rectifications

of an editorial character or minor technical or clerical changes

which do not affect the substance or meaning of the text, such as

-

(A) errors in spelling, numbering, or punctuation;

(B) errors in indentation;

(C) errors (including inadvertent omissions) in

cross-references to headings or subheadings or notes; and

(D) other clerical or typographical errors.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1202, Aug. 23, 1988, 102 Stat.

1147.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

subtitle'', meaning subtitle B (Sec. 1201 to 1217) of title I of

Pub. L. 100-418, which is classified principally to this chapter.

For complete classification of this subtitle to the Code, see

References in Text note set out under section 3001 of this title

and Tables.

Title I of the Tariff Act of 1930 (19 U.S.C. 1202) as in effect

on the day before the effective date of the amendment to such title

under section 1204(a), referred to in par. (5), is title I of act

June 17, 1930, ch. 497, 46 Stat. 590, as in effect on the day

before Jan. 1, 1989. Title I of the Tariff Act of 1930 which

comprised the Tariff Schedules of the United States was not set out

in the Code.

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19 USC Sec. 3003 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3003. Congressional approval of United States accession to the

Convention

-STATUTE-

(a) Congressional approval

The Congress approves the accession by the United States of

America to the Convention.

(b) Acceptance of final legal text of Convention by President

The President may accept for the United States the final legal

instruments embodying the Convention. The President shall submit a

copy of each final instrument to the Congress on the date it

becomes available.

(c) Unspecified private remedies not created

Neither the entry into force with respect to the United States of

the Convention nor the enactment of this chapter may be construed

as creating any private right of action or remedy for which

provision is not explicitly made under this chapter or under other

laws of the United States.

(d) Termination

The provisions of section 2135(a) of this title do not apply to

the Convention.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1203, Aug. 23, 1988, 102 Stat.

1148.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), was in the original

''this subtitle'', meaning subtitle B (Sec. 1201 to 1217) of title

I of Pub. L. 100-418, which is classified principally to this

chapter. For complete classification of this subtitle to the Code,

see References in Text note set out under section 3001 of this

title and Tables.

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19 USC Sec. 3004 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3004. Enactment of Harmonized Tariff Schedule

-STATUTE-

(a) Omitted

(b) Modifications to Harmonized Tariff Schedule

At the earliest practicable date after August 23, 1988, the

President shall -

(1) proclaim such modifications to the Harmonized Tariff

Schedule as are consistent with the standards applied in

converting the old Schedules into the format of the Convention,

as reflected in such Publication No. 2030 and Supplement No. 1.

(FOOTNOTE 1) thereto, and as are necessary or appropriate to

implement -

(FOOTNOTE 1) So in original.

(A) the future outstanding staged rate reductions authorized

by the Congress in -

(i) the Trade Act of 1974 (19 U.S.C. 2101 et seq.) and the

Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) to

reflect the tariff reductions that resulted from the Tokyo

Round of multilateral trade negotiations, and

(ii) the United States-Israel Free Trade Area

Implementation Act of 1985 (19 U.S.C. 2112 note) to reflect

the tariff reduction resulting from the United States-Israel

Free Trade Area Agreement,

(B) the applicable provisions of -

(i) statutes enacted,

(ii) executive actions taken, and

(iii) final judicial decisions rendered,

after January 1, 1988, and before January 1, 1989, and

(C) such technical rectifications as the President considers

necessary; and

(2) take such action as the President considers necessary to

bring trade agreements to which the United States is a party into

conformity with the Harmonized Tariff Schedule.

(c) Status of Harmonized Tariff Schedule

(1) The following shall be considered to be statutory provisions

of law for all purposes:

(A) The provisions of the Harmonized Tariff Schedule as enacted

by this chapter.

(B) Each statutory amendment to the Harmonized Tariff Schedule.

(C) Each modification or change made to the Harmonized Tariff

Schedule by the President under authority of law (including

section 604 of the Trade Act of 1974 (19 U.S.C. 2483)).

(2) Neither the enactment of this chapter nor the subsequent

enactment of any amendment to the Harmonized Tariff Schedule,

unless such subsequent enactment otherwise provides, may be

construed as limiting the authority of the President -

(A) to effect the import treatment necessary or appropriate to

carry out, modify, withdraw, suspend, or terminate, in whole or

in part, trade agreements; or

(B) to take such other actions through the modification,

continuance, or imposition of any rate of duty or other import

restriction as may be necessary or appropriate under the

authority of the President.

(3) If a rate of duty established in column 1 by the President by

proclamation or Executive order is higher than the existing rate of

duty in column 2, the President may by proclamation or Executive

order increase such existing rate to the higher rate.

(4) If a rate of duty is suspended or terminated by the President

by proclamation or Executive order and the proclamation or

Executive order does not specify the rate that is to apply in lieu

of the suspended or terminated rate, the last rate of duty that

applied prior to the suspended or terminated rate shall be the

efffective (FOOTNOTE 2) rate of duty.

(FOOTNOTE 2) So in original. Probably should be ''effective''.

(d) Interim informational use of Harmonized Tariff Schedule

classifications

Each -

(1) proclamation issued by the President;

(2) public notice issued by the Commission or other Federal

agency; and

(3) finding, determination, order, recommendation, or other

decision made by the Commission or other Federal agency;

during the period between August 23, 1988, and January 1, 1989,

shall, if the proclamation, notice, or decision contains a

reference to the tariff classification of any article, include, for

informational purposes, a reference to the classification of that

article under the Harmonized Tariff Schedule.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1204, Aug. 23, 1988, 102 Stat.

1148.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule, referred to in text, is not set

out in the Code. See Publication of Harmonized Tariff Schedule note

set out under section 1202 of this title.

The Trade Act of 1974, referred to in subsec. (b)(1)(A)(i), is

Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is

classified principally to chapter 12 (Sec. 2101 et seq.) of this

title. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of this title

and Tables.

The Trade Agreements Act of 1979, referred to in subsec.

(b)(1)(A)(i), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, as

amended. For complete classification of this Act to the Code, see

References in Text note set out under section 2501 of this title

and Tables.

The United States-Israel Free Trade Area Implementation Act of

1985, referred to in subsec. (b)(1)(A)(ii), is Pub. L. 99-47, June

11, 1985, 99 Stat. 82, as amended, which amended sections 2112,

2462 to 2464, and 2518 of this title, and enacted and amended

provisions set out as notes under section 2112 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2112 of this title and Tables.

This chapter, referred to in subsec. (c)(1)(A), (2), was in the

original ''this subtitle'', meaning subtitle B (Sec. 1201 to 1217)

of title I of Pub. L. 100-418, which is classified principally to

this chapter. For complete classification of this subtitle to the

Code, see References in Text note set out under section 3001 of

this title and Tables.

-COD-

CODIFICATION

Section is comprised of section 1204 of Pub. L. 100-418. Subsec.

(a) of section 1204 of Pub. L. 100-418 amended title I of the

Tariff Act of 1930, act June 17, 1930, ch. 497, title I, 46 Stat.

590. See note set out preceding section 1202 of this title.

-MISC3-

EFFECTIVE DATE

Subsecs. (b) and (d) effective Aug. 23, 1988, and subsec. (c)

effective Jan. 1, 1989, see section 1217(a), (b)(2) of Pub. L.

100-418, set out as a note under section 3001 of this title.

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19 USC Sec. 3005 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3005. Commission review of, and recommendations regarding,

Harmonized Tariff Schedule

-STATUTE-

(a) In general

The Commission shall keep the Harmonized Tariff Schedule under

continuous review and periodically, at such time as amendments to

the Convention are recommended by the Customs Cooperation Council

for adoption, and as other circumstances warrant, shall recommend

to the President such modifications in the Harmonized Tariff

Schedule as the Commission considers necessary or appropriate -

(1) to conform the Harmonized Tariff Schedule with amendments

made to the Convention;

(2) to promote the uniform application of the Convention and

particularly the Annex thereto;

(3) to ensure that the Harmonized Tariff Schedule is kept

up-to-date in light of changes in technology or in patterns of

international trade;

(4) to alleviate unnecessary administrative burdens; and

(5) to make technical rectifications.

(b) Agency and public views regarding recommendations

In formulating recommendations under subsection (a) of this

section, the Commission shall solicit, and give consideration to,

the views of interested Federal agencies and the public. For

purposes of obtaining public views, the Commission -

(1) shall give notice of the proposed recommendations and

afford reasonable opportunity for interested parties to present

their views in writing; and

(2) may provide for a public hearing.

(c) Submission of recommendations

The Commission shall submit recommendations under this section to

the President in the form of a report that shall include a summary

of the information on which the recommendations were based,

together with a statement of the probable economic effect of each

recommended change on any industry in the United States. The report

also shall include a copy of all written views submitted by

interested Federal agencies and a copy or summary, prepared by the

Commission, of the views of all other interested parties.

(d) Requirements regarding recommendations

The Commission may not recommend any modification to the

Harmonized Tariff Schedule unless the modification meets the

following requirements:

(1) The modification must -

(A) be consistent with the Convention or any amendment

thereto recommended for adoption;

(B) be consistent with sound nomenclature principles; and

(C) ensure substantial rate neutrality.

(2) Any change to a rate of duty must be consequent to, or

necessitated by, nomenclature modifications that are recommended

under this section.

(3) The modification must not alter existing conditions of

competition for the affected United States industry, labor, or

trade.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1205, Aug. 23, 1988, 102 Stat.

1150.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule, referred to in subsecs. (a) and

(d), is not set out in the Code. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of this title.

-MISC2-

COMMISSION REPORT ON OPERATION OF IMPLEMENTATION OF HARMONIZED

TARIFF SCHEDULE

Section 1216 of Pub. L. 100-418 required Commission, in

consultation with other appropriate Federal agencies, to prepare

and submit to Congress and President a report regarding operation

of subtitle B (Sec. 1201-1217) of title I of Pub. L. 100-418,

during the 12-month period commencing on effective date of

Harmonized Tariff Schedule, Jan. 1, 1989, said report to be

submitted to Congress and President before close of 6-month period

beginning on day after last day of such 12-month period.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3006 of this title.

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19 USC Sec. 3006 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3006. Presidential action on Commission recommendations

-STATUTE-

(a) In general

The President may proclaim modifications, based on the

recommendations by the Commission under section 3005 of this title,

to the Harmonized Tariff Schedule if the President determines that

the modifications -

(1) are in conformity with United States obligations under the

Convention; and

(2) do not run counter to the national economic interest of the

United States.

(b) Lay-over period

(1) The President may proclaim a modification under subsection

(a) of this section only after the expiration of the 60-day period

beginning on the date on which the President submits a report to

the Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate that sets forth the proposed

modification and the reasons therefor.

(2) The 60-day period referred to in paragraph (1) shall be

computed by excluding -

(A) the days on which either House is not in session because of

an adjournment of more than 3 days to a day certain or an

adjournment of the Congress sine die; and

(B) any Saturday and Sunday, not excluded under subparagraph

(A), when either House is not in session.

(c) Effective date of modifications

Modifications proclaimed by the President under subsection (a) of

this section may not take effect before the 15th day after the date

on which the text of the proclamation is published in the Federal

Register.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1206, Aug. 23, 1988, 102 Stat.

1151.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule, referred to in subsec. (a), is

not set out in the Code. See Publication of Harmonized Tariff

Schedule note set out under section 1202 of this title.

-TRANS-

DELEGATION OF AUTHORITY

Memorandum of President of the United States, Dec. 12, 1991, 56

F.R. 65413, provided:

Memorandum for the United States Trade Representative

By virtue of the authority vested in me by the Constitution and

laws of the United States, including section 301 of title 3 of the

United States Code and the Omnibus Trade and Competitiveness Act of

1988 (Public Law 100-418) (''the Act'') (see Tables for

classification), you are hereby delegated the functions vested in

me by section 1206(b) of the Act (19 U.S.C. 3006(b)), to submit to

the Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate reports that set forth

proposed modifications to the Harmonized Tariff Schedule (see 19

U.S.C. 1202) and the reasons therefor.

The President shall retain the authority under section 1206 of

the Act to proclaim modifications to the Harmonized Tariff Schedule

after the layover period specified in section 1206(b) has expired.

You are authorized and directed to publish this memorandum in the

Federal Register. George Bush.

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19 USC Sec. 3007 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3007. Publication of Harmonized Tariff Schedule

-STATUTE-

(a) In general

The Commission shall compile and publish, at appropriate

intervals, and keep up to date the Harmonized Tariff Schedule and

related information in the form of printed copy; and, if, in its

judgment, such format would serve the public interest and

convenience -

(1) in the form of microfilm images; or

(2) in the form of electronic media.

(b) Content

Publications under subsection (a) of this section, in whatever

format, shall contain -

(1) the then current Harmonized Tariff Schedule;

(2) statistical annotations and related statistical information

formulated under section 1484(f) of this title; and

(3) such other matters as the Commission considers to be

necessary or appropriate to carry out the purposes enumerated in

the Preamble to the Convention.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1207, Aug. 23, 1988, 102 Stat.

1151; Pub. L. 104-295, Sec. 21(e)(10), Oct. 11, 1996, 110 Stat.

3531.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule, referred to in subsecs. (a) and

(b)(1), is not set out in the Code. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(2). Pub. L. 104-295 substituted ''1484(f)''

for ''1484(e)''.

-CITE-

19 USC Sec. 3008 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3008. Import and export statistics

-STATUTE-

The Secretary of Commerce shall compile, and make publicly

available, the import and export trade statistics of the United

States. Such statistics shall be conformed to the nomenclature of

the Convention.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1208, Aug. 23, 1988, 102 Stat.

1152.)

-CITE-

19 USC Sec. 3009 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3009. Coordination of trade policy and Convention

-STATUTE-

The United States Trade Representative is responsible for

coordination of United States trade policy in relation to the

Convention. Before formulating any United States position with

respect to the Convention, including any proposed amendments

thereto, the United States Trade Representative shall seek, and

consider, information and advice from interested parties in the

private sector (including a functional advisory committee) and from

interested Federal agencies.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1209, Aug. 23, 1988, 102 Stat.

1152.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3010 of this title.

-CITE-

19 USC Sec. 3010 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3010. United States participation on Customs Cooperation

Council regarding Convention

-STATUTE-

(a) Principal United States agencies

(1) Subject to the policy direction of the Office of the United

States Trade Representative under section 3009 of this title, the

Department of the Treasury, the Department of Commerce, and the

Commission shall, with respect to the activities of the Customs

Cooperation Council relating to the Convention -

(A) be primarily responsible for formulating United States

Government positions on technical and procedural issues; and

(B) represent the United States Government.

(2) The Department of Agriculture and other interested Federal

agencies shall provide to the Department of the Treasury, the

Department of Commerce, and the Commission technical advice and

assistance relating to the functions referred to in paragraph (1).

(b) Development of technical proposals

(1) In connection with responsibilities arising from the

implementation of the Convention and under section 1484(f) of this

title regarding United States programs for the development of

adequate and comparable statistical information on merchandise

trade, the Secretary of the Treasury, the Secretary of Commerce,

and the Commission shall prepare technical proposals that are

appropriate or required to assure that the United States

contribution to the development of the Convention recognizes the

needs of the United States business community for a Convention

which reflects sound principles of commodity identification, modern

producing methods, and current trading patterns and practices.

(2) In carrying out this subsection, the Secretary of the

Treasury, the Secretary of Commerce, and the Commission shall -

(A) solicit and consider the views of interested parties in the

private sector (including a functional advisory committee) and of

interested Federal agencies;

(B) establish procedures for reviewing, and developing

appropriate responses to, inquiries and complaints from

interested parties concerning articles produced in and exported

from the United States; and

(C) where appropriate, establish procedures for -

(i) ensuring that the dispute settlement provisions and other

relevant procedures available under the Convention are utilized

to promote United States export interests, and

(ii) submitting classification questions to the Harmonized

System Committee of the Customs Cooperation Council.

(c) Availability of Customs Cooperation Council publications

As soon as practicable after August 23, 1988, and periodically

thereafter as appropriate, the Commission shall see to the

publication of -

(1) summary records of the Harmonized System Committee of the

Customs Cooperation Council; and

(2) subject to applicable copyright laws, the Explanatory

Notes, Classification Opinions, and other instruments of the

Customs Cooperation Council relating to the Convention.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1210, Aug. 23, 1988, 102 Stat.

1152; Pub. L. 104-295, Sec. 21(e)(10), Oct. 11, 1996, 110 Stat.

3531.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-295 substituted ''1484(f)''

for ''1484(e)''.

-CITE-

19 USC Sec. 3011 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3011. Transition to Harmonized Tariff Schedule

-STATUTE-

(a) Existing executive actions

(1) The appropriate officers of the United States Government

shall take whatever actions are necessary to conform, to the

fullest extent practicable, with the tariff classification system

of the Harmonized Tariff Schedule all proclamations, regulations,

rulings, notices, findings, determinations, orders,

recommendations, and other written actions that -

(A) are in effect on the day before January 1, 1989; and

(B) contain references to the tariff classification of articles

under the old Schedules.

(2) Neither the repeal of the old Schedules, nor the failure of

any officer of the United States Government to make the conforming

changes required under paragraph (1), shall affect to any extent

the validity or effect of the proclamation, regulation, ruling,

notice, finding, determination, order, recommendation, or other

action referred to in paragraph (1).

(b) Generalized System of Preferences conversion

(1) The review of the proposed conversion of the Generalized

System of Preferences program to the Convention tariff

nomenclature, initiated by the Office of the United States Trade

Representative by notice published in the Federal Register on

December 8, 1986 (at page 44,163 of volume 51 thereof), shall be

treated as satisfying the requirements of sections 2463(a) and

2464(c)(3) of this title (as in effect on July 31, 1995).

(2) In applying section 2464(c)(1) of this title (as in effect on

July 31, 1995) for calendar year 1989, the reference in such

section to July 1 shall be treated as a reference to September 1.

(c) Import restrictions under Agricultural Adjustment Act

(1) Whenever the President determines that the conversion of an

import restriction proclaimed under section 22 of the Agricultural

Adjustment Act (7 U.S.C. 624) from part 3 of the Appendix to the

old Schedules to subchapter IV of chapter 99 of the Harmonized

Tariff Schedule results in -

(A) an article that was previously subject to the restriction

being excluded from the restriction; or

(B) an article not previously subject to the restriction being

included within the restriction;

the President may proclaim changes in subchapter IV of chapter 99

of the Harmonized Tariff Schedule to conform that subchapter to the

fullest extent possible to part 3 of the Appendix to the old

Schedules.

(2) Whenever the President determines that the conversion from

headnote 2 of subpart A of part 10 of schedule 1 of the old

Schedules to Additional U.S. Note 2, chapter 17, of the Harmonized

Tariff Schedule results in -

(A) an article that was previously covered by such headnote

being excluded from coverage; or

(B) an article not previously covered by such headnote being

included in coverage;

the President may proclaim changes in Additional U.S. Note 2,

chapter 17 of the Harmonized Tariff Schedule to conform that note

to the fullest extent possible to headnote 2 of subpart A of part

10 of schedule 1 of the old Schedules.

(3) No change to the Harmonized Tariff Schedule may be proclaimed

under paragraph (1) or (2) after June 30, 1990.

(d) Certain protests and petitions under customs law

(1)(A) This chapter may not be considered to divest the courts of

jurisdiction over -

(i) any protest filed under section 1514 of this title; or

(ii) any petition by an American manufacturer, producer, or

wholesaler under section 1516 of this title;

covering articles entered before January 1, 1989.

(B) Nothing in this chapter shall affect the jurisdiction of the

courts with respect to articles entered after January 1, 1989.

(2)(A) If any protest or petition referred to in paragraph (1)(A)

is sustained in whole or in part by a final judicial decision, the

entries subject to that protest or petition and made before January

1, 1989, shall be liquidated or reliquidated, as appropriate, in

accordance with such final judicial decision under the old

Schedules.

(B) At the earliest practicable date after January 1, 1989, the

Commission shall initiate an investigation under section 1332 of

this title of those final judicial decisions referred to in

subparagraph (A) that -

(i) are published during the 2-year period beginning on

February 1, 1988; and

(ii) would have affected tariff treatment if they had been

published during the period of the conversion of the old

Schedules into the format of the Convention.

No later than September 1, 1990, the Commission shall report the

results of the investigation to the President, the Committee on

Ways and Means, and the Committee on Finance, and shall recommend

those changes to the Harmonized Tariff Schedule that the Commission

would have recommended if the final decisions concerned had been

made before the conversion into the format of the Convention

occurred.

(3) The President shall review all changes recommended by the

Commission under paragraph (2)(B) and shall, as soon as

practicable, proclaim such of those changes, if any, which he

decides are necessary or appropriate to conform such Schedule to

the final judicial decisions. Any such change shall be effective

with respect to -

(A) entries made on or after the date of such proclamation; and

(B) entries made on or after January 1, 1989, if,

notwithstanding section 1514 of this title, application for

liquidation or reliquidation thereof is made by the importer to

the customs officer concerned within 180 days after the effective

date of such proclamation.

(4) If any protest or petition referred to in paragraph (1)(A) is

not sustained in whole or in part by a final judicial decision, the

entries subject to that petition or protest and made before January

1, 1989, shall be liquidated or reliquidated, as appropriate, in

accordance with the final judicial decision under the old

Schedules.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1211, Aug. 23, 1988, 102 Stat.

1153; Pub. L. 104-188, title I, Sec. 1954(a)(1), Aug. 20, 1996, 110

Stat. 1927.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule, referred to in subsecs. (a)(1),

(c), and (d)(2)(B), (3), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

This chapter, referred to in subsec. (d)(1), was in the original

''this subtitle'', meaning subtitle B (Sec. 1201-1217) of title I

of Pub. L. 100-418, which is classified principally to this

chapter. For complete classification of this subtitle to the Code,

see References in Text note set out under section 3001 of this

title and Tables.

-MISC2-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-188, Sec. 1954(a)(1), inserted

''(as in effect on July 31, 1995)'' after ''of this title''.

Subsec. (b)(2). Pub. L. 104-188, Sec. 1954(a)(2), inserted ''(as

in effect on July 31, 1995)'' after ''of this title''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-188 applicable to articles entered on or

after Oct. 1, 1996, with provisions relating to retroactive

application, see section 1953 of Pub. L. 104-188, set out as an

Effective Date note under section 2461 of this title.

EFFECTIVE DATE

Section effective Jan. 1, 1989, see section 1217(b)(2) of Pub. L.

100-418, set out as a note under section 3001 of this title.

-CITE-

19 USC Sec. 3012 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 18 - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

-HEAD-

Sec. 3012. Reference to Harmonized Tariff Schedule

-STATUTE-

Any reference in any law to the ''Tariff Schedules of the United

States'', ''the Tariff Schedules'', ''such Schedules'', and any

other general reference that clearly refers to the old Schedules

shall be treated as a reference to the Harmonized Tariff Schedule.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1212, Aug. 23, 1988, 102 Stat.

1155.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule, referred to in text, is not set

out in the Code. See Publication of Harmonized Tariff Schedule note

set out under section 1202 of this title.

-MISC2-

EFFECTIVE DATE

Section effective Jan. 1, 1989, see section 1217(b)(2) of Pub. L.

100-418, set out as a note under section 3001 of this title.

-CITE-