19 U.S.C. § 3004 : US Code - Section 3004: Enactment of Harmonized Tariff Schedule

Search 19 U.S.C. § 3004 : US Code - Section 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 -

(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.
(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.