§ 3004. — Enactment of Harmonized Tariff Schedule.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC3004]
TITLE 19--CUSTOMS DUTIES
CHAPTER 18--IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE
Sec. 3004. Enactment of Harmonized Tariff Schedule
(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.\1\ thereto, and as
are necessary or appropriate to implement--
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\1\ So in original.
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(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 \2\ rate of duty.
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\2\ So in original. Probably should be ``effective''.
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(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.
(Pub. L. 100-418, title I, Sec. 1204, Aug. 23, 1988, 102 Stat. 1148.)
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 (Secs. 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.
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.
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.
