19 U.S.C. § 3005 : US Code - Section 3005: Commission review of, and recommendations regarding, Harmonized Tariff Schedule

Search 19 U.S.C. § 3005 : US Code - Section 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.