19 U.S.C. § 3011 : US Code - Section 3011: Transition to Harmonized Tariff Schedule

Search 19 U.S.C. § 3011 : US Code - Section 3011: Transition to Harmonized Tariff Schedule

(a) Existing executive actions
(1) The appropriate officers of the United States Government
shall take whatever actions are necessary to conform, to the
fullest extent practicable, with the tariff classification system
of the Harmonized Tariff Schedule all proclamations, regulations,
rulings, notices, findings, determinations, orders,
recommendations, and other written actions that -
(A) are in effect on the day before January 1, 1989; and
(B) contain references to the tariff classification of articles
under the old Schedules.
(2) Neither the repeal of the old Schedules, nor the failure of
any officer of the United States Government to make the conforming
changes required under paragraph (1), shall affect to any extent
the validity or effect of the proclamation, regulation, ruling,
notice, finding, determination, order, recommendation, or other
action referred to in paragraph (1).
(b) Generalized System of Preferences conversion
(1) The review of the proposed conversion of the Generalized
System of Preferences program to the Convention tariff
nomenclature, initiated by the Office of the United States Trade
Representative by notice published in the Federal Register on
December 8, 1986 (at page 44,163 of volume 51 thereof), shall be
treated as satisfying the requirements of sections 2463(a) and
2464(c)(3) of this title (as in effect on July 31, 1995).
(2) In applying section 2464(c)(1) of this title (as in effect on
July 31, 1995) for calendar year 1989, the reference in such
section to July 1 shall be treated as a reference to September 1.
(c) Import restrictions under Agricultural Adjustment Act
(1) Whenever the President determines that the conversion of an
import restriction proclaimed under section 22 of the Agricultural
Adjustment Act (7 U.S.C. 624) from part 3 of the Appendix to the
old Schedules to subchapter IV of chapter 99 of the Harmonized
Tariff Schedule results in -
(A) an article that was previously subject to the restriction
being excluded from the restriction; or
(B) an article not previously subject to the restriction being
included within the restriction;
the President may proclaim changes in subchapter IV of chapter 99
of the Harmonized Tariff Schedule to conform that subchapter to the
fullest extent possible to part 3 of the Appendix to the old
Schedules.
(2) Whenever the President determines that the conversion from
headnote 2 of subpart A of part 10 of schedule 1 of the old
Schedules to Additional U.S. Note 2, chapter 17, of the Harmonized
Tariff Schedule results in -
(A) an article that was previously covered by such headnote
being excluded from coverage; or
(B) an article not previously covered by such headnote being
included in coverage;
the President may proclaim changes in Additional U.S. Note 2,
chapter 17 of the Harmonized Tariff Schedule to conform that note
to the fullest extent possible to headnote 2 of subpart A of part
10 of schedule 1 of the old Schedules.
(3) No change to the Harmonized Tariff Schedule may be proclaimed
under paragraph (1) or (2) after June 30, 1990.
(d) Certain protests and petitions under customs law
(1)(A) This chapter may not be considered to divest the courts of
jurisdiction over -
(i) any protest filed under section 1514 of this title; or
(ii) any petition by an American manufacturer, producer, or
wholesaler under section 1516 of this title;
covering articles entered before January 1, 1989.
(B) Nothing in this chapter shall affect the jurisdiction of the
courts with respect to articles entered after January 1, 1989.
(2)(A) If any protest or petition referred to in paragraph (1)(A)
is sustained in whole or in part by a final judicial decision, the
entries subject to that protest or petition and made before January
1, 1989, shall be liquidated or reliquidated, as appropriate, in
accordance with such final judicial decision under the old
Schedules.
(B) At the earliest practicable date after January 1, 1989, the
Commission shall initiate an investigation under section 1332 of
this title of those final judicial decisions referred to in
subparagraph (A) that -
(i) are published during the 2-year period beginning on
February 1, 1988; and
(ii) would have affected tariff treatment if they had been
published during the period of the conversion of the old
Schedules into the format of the Convention.
No later than September 1, 1990, the Commission shall report the
results of the investigation to the President, the Committee on
Ways and Means, and the Committee on Finance, and shall recommend
those changes to the Harmonized Tariff Schedule that the Commission
would have recommended if the final decisions concerned had been
made before the conversion into the format of the Convention
occurred.
(3) The President shall review all changes recommended by the
Commission under paragraph (2)(B) and shall, as soon as
practicable, proclaim such of those changes, if any, which he
decides are necessary or appropriate to conform such Schedule to
the final judicial decisions. Any such change shall be effective
with respect to -
(A) entries made on or after the date of such proclamation; and
(B) entries made on or after January 1, 1989, if,
notwithstanding section 1514 of this title, application for
liquidation or reliquidation thereof is made by the importer to
the customs officer concerned within 180 days after the effective
date of such proclamation.
(4) If any protest or petition referred to in paragraph (1)(A) is
not sustained in whole or in part by a final judicial decision, the
entries subject to that petition or protest and made before January
1, 1989, shall be liquidated or reliquidated, as appropriate, in
accordance with the final judicial decision under the old
Schedules.