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19 U.S.C. § 3522 — Tariff modifications
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** In addition to the authority provided by [section 2902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902&num=0&edition=prelim), the President shall have the authority to proclaim—
(1) such other modification of any duty,
(2) such other staged rate reduction, or
(3) such additional duties,
as the President determines to be necessary or appropriate to carry out Schedule XX.
**(b) Other tariff modifications** Subject to the consultation and layover requirements of [section 3524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3524&num=0&edition=prelim), the President may proclaim—
(1) the modification of any duty or staged rate reduction of any duty set forth in Schedule XX if—
(A) the United States agrees to such modification or staged rate reduction in a multilateral negotiation under the auspices of the WTO, and
(B) such modification or staged rate reduction applies to the rate of duty on an article contained in a tariff category that was the subject of reciprocal duty elimination or harmonization negotiations during the Uruguay Round of multilateral trade negotiations, and
(2) such modifications as are necessary to correct technical errors in Schedule XX or to make other rectifications to the Schedule.
**(c) Authority to increase duties on articles from certain countries**
(1) **In general**
(A) *Determination with respect to certain countries* — Notwithstanding [section 1881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1881&num=0&edition=prelim), after the entry into force of the WTO Agreement with respect to the United States, if the President—
(i) determines that a foreign country (other than a
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Source location: Title 19, Chapter 22, § 3522; chapter-022-uruguay-round-trade-agreements.md
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**(a) In general** In addition to the authority provided by [section 2902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2902&num=0&edition=prelim), the President shall have the authority to proclaim—
(1) such other modification of any duty,
(2) such other staged rate reduction, or
(3) such additional duties,
as the President determines to be necessary or appropriate to carry out Schedule XX.
**(b) Other tariff modifications** Subject to the consultation and layover requirements of [section 3524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3524&num=0&edition=prelim), the President may proclaim—
(1) the modification of any duty or staged rate reduction of any duty set forth in Schedule XX if—
(A) the United States agrees to such modification or staged rate reduction in a multilateral negotiation under the auspices of the WTO, and
(B) such modification or staged rate reduction applies to the rate of duty on an article contained in a tariff category that was the subject of reciprocal duty elimination or harmonization negotiations during the Uruguay Round of multilateral trade negotiations, and
(2) such modifications as are necessary to correct technical errors in Schedule XX or to make other rectifications to the Schedule.
**(c) Authority to increase duties on articles from certain countries**
(1) **In general**
(A) *Determination with respect to certain countries* — Notwithstanding [section 1881 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1881&num=0&edition=prelim), after the entry into force of the WTO Agreement with respect to the United States, if the President—
(i) determines that a foreign country (other than a foreign country that is a WTO member country) is not according adequate trade benefits to the United States, including substantially equal competitive opportunities for the commerce of the United States, and
(ii) consults with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate,
the President may proclaim an increase in the rate of duty with respect to any article of such country in accordance with subparagraph (B).
(B) *Rate of duty described* — The President may proclaim a rate of duty on any article of a country identified under subparagraph (A) that is equal to the greater of—
(i) the rate of duty set forth for such article in the base rate of duty column of Schedule XX, or
(ii) the rate of duty set forth for such article in the bound rate of duty column of Schedule XX.
(2) **Termination of increased duties** — The President shall terminate any increase in the rate of duty proclaimed under this subsection by a proclamation which shall be effective on the earlier of—
(A) the date set out in such proclamation of termination, or
(B) the date the WTO Agreement enters into force with respect to the foreign country with respect to which the determination under paragraph (1) was made.
(3) **Publication of determination and termination** — The President shall publish in the Federal Register notice of a determination made under paragraph (1) and a termination occurring by reason of paragraph (2).
**(d) Adjustments to certain column 2 rates of duty** At such time as the President proclaims any modification to the HTS to implement the provisions of Schedule XX, the President shall also proclaim the rate of duty set forth in Column B as the column 2 rate of duty for the subheading of the HTS that corresponds to the subheading in Schedule XX listed in Column A. Column AColumn B Schedule XX subheading:Rate of duty for column 2 of the HTS: 0201.10.5031.1% 0201.20.8031.1% 0201.30.8031.1% 0202.10.5031.1% 0202.20.8031.1% 0202.30.8031.1% 0401.30.2590.8¢/liter 0401.30.75$1.936/kg 0402.10.50$1.018/kg 0402.21.25$1.018/kg 0402.21.50$1.285/kg 0402.21.90$1.831/kg 0402.29.50$1.299/kg + 17.5% 0402.91.6036.8¢/kg 0402.99.5058.4¢/kg 0402.99.9054.5¢/kg + 17.5% 0403.10.50$1.217/kg + 20% 0403.90.1690.8¢/liter 0403.90.45$1.03/kg 0403.90.55$1.285/kg 0403.90.65$1.831/kg 0403.90.78$1.936/kg 0403.90.95$1.217/kg + 20% 0404.10.1120% 0404.10.15$1.217/kg + 10% 0404.10.90$1.03/kg 0404.90.3025% 0404.90.50$1.399/kg + 10% 0405.00.40$1.813/kg 0405.00.90$2.194/kg + 10% 0406.10.08$1.775/kg 0406.10.18$2.67/kg 0406.10.28$1.443/kg 0406.10.38$1.241/kg 0406.10.48$2.121/kg 0406.10.58$2.525/kg 0406.10.68$1.631/kg 0406.10.78$1.328/kg 0406.10.88$1.775/kg 0406.20.28$2.67/kg 0406.20.33$1.443/kg 0406.20.39$1.241/kg 0406.20.48$2.121/kg 0406.20.53$2.525/kg 0406.20.63$2.67/kg 0406.20.67$1.443/kg 0406.20.71$1.241/kg 0406.20.75$2.121/kg 0406.20.79$2.525/kg 0406.20.83$1.631/kg 0406.20.87$1.328/kg 0406.20.91$1.775/kg 0406.30.18$2.67/kg 0406.30.28$1.443/kg 0406.30.38$1.241/kg 0406.30.48$2.121/kg 0406.30.53$1.631/kg 0406.30.63$2.67/kg 0406.30.67$1.443/kg 0406.30.71$1.241/kg 0406.30.75$2.121/kg 0406.30.79$2.525/kg 0406.30.83$1.631/kg 0406.30.87$1.328/kg 0406.30.91$1.775/kg 0406.40.70$2.67/kg 0406.90.12$1.443/kg 0406.90.18$2.121/kg 0406.90.33$2.525/kg 0406.90.38$2.525/kg 0406.90.43$2.525/kg 0406.90.48$2.208/kg 0406.90.64$1.241/kg 0406.90.68$2.525/kg 0406.90.74$2.67/kg 0406.90.78$1.443/kg 0406.90.84$1.241/kg 0406.90.88$2.121/kg 0406.90.92$1.631/kg 0406.90.94$1.328/kg 0406.90.97$1.775/kg 1202.10.80192.7% 1202.20.80155% 1517.90.6040.2¢/kg 1701.11.5039.85¢/kg 1701.12.106.58170¢/kg less 0.0622005¢/kg for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 5.031562¢/kg 1701.12.5042.05¢/kg 1701.91.106.58170¢/kg less 0.0622005¢/kg for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 5.031562¢/kg 1701.91.3042.05¢/kg 1701.91.4839.9¢/kg + 6% 1701.91.5839.9¢/kg + 6% 1701.99.106.58170¢/kg less 0.0622005¢/kg for each degree under 100 degrees (and fractions of a degree in proportion) but not less than 5.031562¢/kg 1701.99.5042.05¢/kg 1702.20.2819.9¢/kg of total sugars + 6% 1702.30.2819.9¢/kg of total sugars + 6% 1702.40.2839.9¢/kg of total sugars + 6% 1702.60.2839.9¢/kg of total sugars + 6% 1702.90.106.58170¢/kg of total sugars 1702.90.2042.05¢/kg 1702.90.5839.9¢/kg of total sugars + 6% 1702.90.6839.9¢/kg + 6% 1704.90.5847.4¢/kg + 12.2% 1704.90.6847.4¢/kg + 12.2% 1704.90.7847.4¢/kg + 12.2% 1806.10.1525.5¢/kg 1806.10.2839.5¢/kg 1806.10.3839.5¢/kg 1806.10.5539.5¢/kg 1806.10.7539.5¢/kg 1806.20.2643.8¢/kg + 5% 1806.20.2862.1¢/kg + 5% 1806.20.3643.8¢/kg + 5% 1806.20.3862.1¢/kg + 5% 1806.20.7335.9¢/kg + 10% 1806.20.7735.9¢/kg + 10% 1806.20.8243.8¢/kg + 10% 1806.20.8362.1¢/kg + 10% 1806.20.8743.8¢/kg + 10% 1806.20.8962.1¢/kg + 10% 1806.20.9243.8¢/kg + 10% 1806.20.9362.1¢/kg + 10% 1806.20.9643.8¢/kg + 10% 1806.20.9762.1¢/kg + 10% 1806.32.0643.8¢/kg + 5% 1806.32.0862.1¢/kg + 5% 1806.32.1643.8¢/kg + 5% 1806.32.1862.1¢/kg + 5% 1806.32.7043.8¢/kg + 7% 1806.32.8062.1¢/kg + 7% 1806.90.0843.8¢/kg + 7% 1806.90.1062.1¢/kg + 7% 1806.90.1843.8¢/kg + 7% 1806.90.2062.1¢/kg + 7% 1806.90.2843.8¢/kg + 7% 1806.90.3062.1¢/kg + 7% 1806.90.3843.8¢/kg + 7% 1806.90.4062.1¢/kg + 7% 1806.90.4843.8¢/kg + 7% 1806.90.5062.1¢/kg + 7% 1806.90.5843.8¢/kg + 7% 1806.90.6062.1¢/kg + 7% 1901.10.30$1.217/kg + 17.5% 1901.10.40$1.217/kg + 17.5% 1901.10.75$1.217/kg + 17.5% 1901.10.85$1.217/kg + 17.5% 1901.20.1549.8¢/kg + 10% 1901.20.2549.8¢/kg + 10% 1901.20.3549.8¢/kg + 10% 1901.20.5049.8¢/kg + 10% 1901.20.6049.8¢/kg + 10% 1901.20.7049.8¢/kg + 10% 1901.90.36$1.328/kg 1901.90.4225% 1901.90.44$1.217/kg + 16% 1901.90.4625% 1901.90.48$1.217/kg + 16% 1901.90.5427.9¢/kg + 10% 1901.90.5827.9¢/kg + 10% 2008.11.15155% 2008.11.35155% 2008.11.60155% 2101.10.3835.9¢/kg + 10% 2101.10.4835.9¢/kg + 10% 2101.10.5835.9¢/kg + 10% 2101.20.3835.9¢/kg + 10% 2101.20.4835.9¢/kg + 10% 2101.20.5835.9¢/kg + 10% 2103.90.7835.9¢/kg + 7.5% 2105.00.2059¢/kg + 20% 2105.00.4059¢/kg + 20% 2106.90.02$1.014/kg 2106.90.04$2.348/kg 2106.90.08$2.348/kg 2106.90.116.58170¢/kg of total sugars 2106.90.1242.05¢/kg 2106.90.3482.8¢/kg + 10% 2106.90.3882.8¢/kg + 10% 2106.90.4482.8¢/kg + 10% 2106.90.4882.8¢/kg + 10% 2106.90.5733.9¢/kg + 10% 2106.90.6733.9¢/kg + 10% 2106.90.7733.9¢/kg + 10% 2106.90.8733.9¢/kg + 10% 2202.90.2827.6¢/liter + 17.5% 2309.90.2894.6¢/kg + 7.5% 2309.90.4894.6¢/kg + 7.5% 2401.10.7085¢/kg 2401.10.9085¢/kg 2401.20.30$1.21/kg 2401.20.45$1.15/kg 2401.20.55$1.15/kg 2801.30.2037% 2805.30.0031.3% 2805.40.005.7% 2811.19.104.9% 2818.10.204.1% 2822.00.001.7% 2827.39.2031.9% 2833.11.503.6% 2833.27.004.2% 2836.40.204.8% 2836.60.008.4% 2837.20.105.1% 2840.11.001.2% 2840.19.000.4% 2849.20.201.6% 2903.15.0088% 2903.16.0033.3% 2903.30.0546.3% 2906.11.006.2% 2907.12.0048.3% 2909.11.004% 2912.11.0012.1% 2916.15.1035.2% 2916.19.3024.4% 2923.20.2033.4% 3213.90.0048.6% 3307.10.2081.7% 3307.49.0073.2% 3403.11.200.4% 3403.19.100.4% 3506.10.1030.4% 3603.00.308.3% 3603.00.900.3% 3604.10.0012.5% 3606.90.3056.7% 3706.10.307% 3807.00.000.2% 3823.90.3326.3% 3904.61.0034.1% 3916.90.1040.6% 3920.51.5048.2% 3920.59.8051.7% 3926.90.658.4% 5201.00.1836.9¢/kg 5201.00.2836.9¢/kg 5201.00.3836.9¢/kg 5201.00.8036.9¢/kg 5202.99.309.2¢/kg 5203.00.3036.9¢/kg
**(e) Authority to consolidate subheadings and modify column 2 rates of duty for tariff simplification purposes**
(1) **In general** — Whenever the HTS column 1 general rates of duty for 2 or more 8-digit subheadings are at the same level and such subheadings are subordinate to a provision required by the International Convention on the Harmonized Commodity Description and Coding System, the President may proclaim, subject to the consultation and layover requirements of [section 3524 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3524&num=0&edition=prelim), that the goods described in such subheadings be provided for in a single 8-digit subheading of the HTS, and that—
(A) the HTS column 1 general rate of duty for such single subheading be the column 1 general rate of duty common to all such subheadings, and
(B) the HTS column 2 rate of duty for such single subheading be the highest column 2 rate of duty for such subheadings that is in effect on the day before the effective date of such proclamation.
(2) **Same level of duty** — The provisions of this subsection apply to subheadings described in paragraph (1) that have the same column 1 general rate of duty—
(A) on December 8, 1994, or
(B) after December 8, 1994, as a result of a staged reduction in such column 1 rates of duty.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Vessels subject to duty; penalties** The equipments, or any part thereof, including boats, purchased for, or the repair parts or materials to be used, or the expenses of repairs made in a foreign country upon a vessel documented under the laws of the United States to engage in the foreign or coasting trade, or a vessel intended to be employed in such trade, shall, on the first arrival of such vessel in any port of the United States, be liable to entry and the payment of an ad valorem duty of 50 per centum on the cost thereof in such foreign country. If the owner or master willfully or knowingly neglects or fails to report, make entry, and pay duties as herein required, or if he makes any false statement in respect of such purchases or repairs without reasonable cause to believe the truth of such statements, or aids or procures the making of any false statement as to any matter material thereto without reasonable cause to believe the truth of such statement, such vessel, or a monetary amount up to the value thereof as determined by the Secretary, to be recovered from the owner, shall be subject to seizure and forfeiture. For the purposes of this section, compensation paid to members of the regular crew of such vessel in connection with the installation of any such equipments or any part thereof, or the making of repairs, in a foreign country, shall not be included in the cost of such equipment or part thereof, or of such repairs.
**(b) Notice** If the appropriate customs officer has reasonable cause to believe a violation has occurred and determines that further proceedings are warranted, he shall issue to the person concerned a written notice of his intention to issue a penalty claim. Such notice shall—
(1) describe the circumstances of the alleged violation;
(
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Agreements regarding tariff barriers**
(1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, and objectives of this title will be promoted thereby, the President—
(A) before June 1, 1993, may enter into trade agreements with foreign countries; and
(B) may, subject to paragraphs (2) through (5), proclaim—
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty-free or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate to carry out any such trade agreement.
(2) No proclamation may be made under subsection (a) that—
(A) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on August 23, 1988) to a rate which is less than 50 percent of the rate of such duty that applies on August 23, 1988; or
(B) increases any rate of duty above the rate that applies on August 23, 1988.
(3)
(A) Except as provided in subparagraph (B), the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement entered into under paragraph (1) shall not exceed the aggregate reduction which would have been in effect on such day if a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed in paragraph (1) to carry out such agreement with respect to such article.
(B) No staging under subparagraph (A) is required with respect to a rate reduction that is proclaimed u
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this Act:
(1) **GATT 1947; GATT 1994**
(A) *GATT 1947* — The term “GATT 1947” means the General Agreement on Tariffs and Trade, dated October 30, 1947, annexed to the Final Act Adopted at the Conclusion of the Second Session of the Preparatory Committee of the United Nations Conference on Trade and Employment, as subsequently rectified, amended, or modified by the terms of legal instruments which have entered into force before the date of entry into force of the WTO Agreement.
(B) *GATT 1994* — The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement.
(2) **HTS** — The term “HTS” means the Harmonized Tariff Schedule of the United States.
(3) **International Trade Commission** — The term “International Trade Commission” means the United States International Trade Commission.
(4) **Multilateral trade agreement** — The term “multilateral trade agreement” means an agreement described in [section 3511(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/d&num=0&edition=prelim) (other than an agreement described in paragraph (17) or (18) of such section).
(5) **Schedule XX** — The term “Schedule XX” means Schedule XX—United States of America annexed to the Marrakesh Protocol to the GATT 1994.
(6) **Trade Representative** — The term “Trade Representative” means the United States Trade Representative.
(7) **Uruguay Round Agreements** — The term “Uruguay Round Agreements” means the agreements approved by the Congress under [section 3511(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3511/a/1&num=0&edition=prelim).
(8) **World Trade Organization and WTO** — The terms “World Trade Organization” and “WTO” mean the or
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this subchapter, in [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim), or in section 401(a) of the Tariff Classification Act of 1962, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter or [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim) shall apply to products of all foreign countries, whether imported directly or indirectly.
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Federal law — U.S. Code and appendices · legal_authorities
The President—
(1) shall proclaim duty-free entry for octadecyl isocyanate and 5-Chloro-2-(2,4-dichloro-phenoxy)phenol, to be effective on the effective date of the proclamation issued by the President under [section 3513(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3513/a&num=0&edition=prelim) to carry out Schedule XX, and
(2) shall take such actions as are necessary to reflect such tariff treatment in Schedule XX.
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Federal law — U.S. Code and appendices · legal_authorities
Page 868
TITLE 19—CUSTOMS DUTIES
§ 3522
1466 of this title] and the amendments made by this
subtitle take effect on the date on which the WTO
Agreement enters into force with respect to the United
States [Jan. 1, 1995].
‘‘(b) SECTION 115.—Section 115 [enacting section 3524
of this title] takes effect on the date of the enactment
of this Act [Dec. 8, 1994].’’
Executive Documents
URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE
The Uruguay Round Agreements, including the World
Trade Organization Agreement and agreements an-
nexed to that Agreement, as referred to in section
3511(d) of this title, entered into force with respect to
the United States on Jan. 1, 1995. See note set out
under section 3511 of this title.
§ 3522. Liquidation or reliquidation and refund
of duty paid on certain entries
(a) Liquidation or reliquidation
Notwithstanding section 1514 of this title or
any other provision of law, and subject to sub-
section (b), the Secretary of the Treasury shall
liquidate or reliquidate the entries listed or oth-
erwise described in subsection (c) and refund any
duty or excess duty that was paid, as provided in
subsection (c).
(b) Requests
Liquidation or reliquidation may be made
under subsection (a) with respect to an entry
only if a request therefor is filed with the Cus-
toms Service, within 180 days after the date on
which the WTO Agreement enters into force
with respect to the United States, that contains
sufficient information to enable the Customs
Service—
(1) to locate the entry; or
(2) to reconstruct the entry if it cannot be
located.
(c) Entries
The entries referred to in subsection (a) are as
follows:
(1) Agglomerated stone tiles
Any goods—
(A) for which the importer claimed or
would have claimed entry under subheading
6810.19
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