§ 3005. — Commission review of, and recommendations regarding, 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: 19USC3005]
TITLE 19--CUSTOMS DUTIES
CHAPTER 18--IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE
Sec. 3005. Commission review of, and recommendations regarding,
Harmonized Tariff Schedule
(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.
(Pub. L. 100-418, title I, Sec. 1205, Aug. 23, 1988, 102 Stat. 1150.)
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.
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
(Secs. 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.
Section Referred to in Other Sections
This section is referred to in section 3006 of this title.
