Collapse to view only § 3521. Tariff modifications
- § 3521. Tariff modifications
- § 3522. Liquidation or reliquidation and refund of duty paid on certain entries
- § 3523. Duty free treatment for octadecyl isocyanate and 5-Chloro-2-(2,4-dichloro-phenoxy)phenol
- § 3524. Consultation and layover requirements for, and effective date of, proclaimed actions
§ 3521. Tariff modifications
(a) In generalIn addition to the authority provided by section 2902 of this title, the President shall have the authority to proclaim—
(1) such other modification of any duty,
(2) such other staged rate reduction, or
(3) such additional duties,
as the President determines to be necessary or appropriate to carry out Schedule XX.
(b) Other tariff modificationsSubject to the consultation and layover requirements of section 3524 of this title, the President may proclaim—
(1) the modification of any duty or staged rate reduction of any duty set forth in Schedule XX if—
(A) the United States agrees to such modification or staged rate reduction in a multilateral negotiation under the auspices of the WTO, and
(B) such modification or staged rate reduction applies to the rate of duty on an article contained in a tariff category that was the subject of reciprocal duty elimination or harmonization negotiations during the Uruguay Round of multilateral trade negotiations, and
(2) such modifications as are necessary to correct technical errors in Schedule XX or to make other rectifications to the Schedule.
(c) Authority to increase duties on articles from certain countries
(1) In general
(A) Determination with respect to certain countriesNotwithstanding section 1881 of this title, after the entry into force of the WTO Agreement with respect to the United States, if the President—
(i) determines that a foreign country (other than a foreign country that is a WTO member country) is not according adequate trade benefits to the United States, including substantially equal competitive opportunities for the commerce of the United States, and
(ii) consults with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate,
the President may proclaim an increase in the rate of duty with respect to any article of such country in accordance with subparagraph (B).
(B) Rate of duty describedThe President may proclaim a rate of duty on any article of a country identified under subparagraph (A) that is equal to the greater of—
(i) the rate of duty set forth for such article in the base rate of duty column of Schedule XX, or
(ii) the rate of duty set forth for such article in the bound rate of duty column of Schedule XX.
(2) Termination of increased dutiesThe President shall terminate any increase in the rate of duty proclaimed under this subsection by a proclamation which shall be effective on the earlier of—
(A) the date set out in such proclamation of termination, or
(B) the date the WTO Agreement enters into force with respect to the foreign country with respect to which the determination under paragraph (1) was made.
(3) Publication of determination and termination
(d) Adjustments to certain column 2 rates of duty
(e) Authority to consolidate subheadings and modify column 2 rates of duty for tariff simplification purposes
(1) In generalWhenever the HTS column 1 general rates of duty for 2 or more 8-digit subheadings are at the same level and such subheadings are subordinate to a provision required by the International Convention on the Harmonized Commodity Description and Coding System, the President may proclaim, subject to the consultation and layover requirements of section 3524 of this title, that the goods described in such subheadings be provided for in a single 8-digit subspan of the HTS, and that—
(A) the HTS column 1 general rate of duty for such single subspan be the column 1 general rate of duty common to all such subheadings, and
(B) the HTS column 2 rate of duty for such single subspan be the highest column 2 rate of duty for such subheadings that is in effect on the day before the effective date of such proclamation.
(2) Same level of dutyThe provisions of this subsection apply to subheadings described in paragraph (1) that have the same column 1 general rate of duty—
(A) on December 8, 1994, or
(B) after December 8, 1994, as a result of a staged reduction in such column 1 rates of duty.
(Pub. L. 103–465, title I, § 111, Dec. 8, 1994, 108 Stat. 4819.)
§ 3522. Liquidation or reliquidation and refund of duty paid on certain entries
(a) Liquidation or reliquidation
(b) Requests
Liquidation or reliquidation may be made under subsection (a) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date on which the WTO Agreement enters into force with respect to the United States, that contains sufficient information to enable the Customs Service—
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be located.
(c) Entries
(1) Agglomerated stone tiles
Any goods—
(A) for which the importer claimed or would have claimed entry under subspan 6810.19.12 of the HTS on or after October 1, 1990, and before the effective date of a proclamation issued by the President under section 3513(a) of this title with respect to items under such subspan in order to carry out Schedule XX, or
(B) entered on or after January 1, 1989, and before October 1, 1990, for which entry would have been claimed under subspan 6810.19.12 of the HTS on or after October 1, 1990,
shall be liquidated or reliquidated as if the wording of that subspan were “Of stone agglomerated with binders other than cement”, and the Secretary of the Treasury shall refund any excess duties paid with respect to such entries.
(2) Clomiphene citrate
(A) Any entry, or withdrawal from warehouse for consumption, of goods described in span 9902.29.95 of the HTS (relating to clomiphene citrate) which was made after December 31, 1988, and before January 1, 1993, and with respect to which there would have been no duty if the reference to subspan “2922.19.15” in such span were a reference to subspan “2922.19.15 or any subspan of chapter 30” at the time of such entry or withdrawal, shall be liquidated or reliquidated as free of duty.
(B) The Secretary of the Treasury shall refund any duties paid with respect to entries described in subparagraph (A).
(Pub. L. 103–465, title I, § 113, Dec. 8, 1994, 108 Stat. 4826.)
§ 3523. Duty free treatment for octadecyl isocyanate and 5-Chloro-2-(2,4-dichloro-phenoxy)phenol
The President—
(1) shall proclaim duty-free entry for octadecyl isocyanate and 5-Chloro-2-(2,4-dichloro-phenoxy)phenol, to be effective on the effective date of the proclamation issued by the President under section 3513(a) of this title to carry out Schedule XX, and
(2) shall take such actions as are necessary to reflect such tariff treatment in Schedule XX.
(Pub. L. 103–465, title I, § 114(b), Dec. 8, 1994, 108 Stat. 4827.)
§ 3524. Consultation and layover requirements for, and effective date of, proclaimed actionsIf a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, such action may be proclaimed only if—
(1) the President has obtained advice regarding the proposed action from—
(A) the appropriate advisory committees established under section 2155 of this title, and
(B) the International Trade Commission;
(2) the President has submitted 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—
(A) the action proposed to be proclaimed and the reasons for such actions, and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning with the first day on which the President has met the requirements of paragraphs (1) and (2) with respect to such action, has expired; and
(4) the President has consulted with such committees regarding the proposed action during the period referred to in paragraph (3).
(Pub. L. 103–465, title I, § 115, Dec. 8, 1994, 108 Stat. 4828.)