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19 U.S.C. § 3004 — Enactment of Harmonized Tariff Schedule
Federal law — U.S. Code and appendices · legal_authorities
**(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. 1.11 So in original. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.) and the Trade Agreements Act of 1979 ([19 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim) 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**
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Source location: Title 19, Chapter 18, § 3004; chapter-018-implementation-of-harmonized-tariff-schedule.md
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**(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. 1.11 So in original. 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2101&num=0&edition=prelim) et seq.) and the Trade Agreements Act of 1979 ([19 U.S.C. 2501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2112&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2483&num=0&edition=prelim)]).
(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 22 So in original. Probably should be “effective”. 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law.
**(b) FDA determination** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act ([21 U.S.C. 301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section301&num=0&edition=prelim) et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received.
**(c) Notice** If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “duty” includes the rate and form of any import duty, including but not limited to tariff-rate quotas.
(2) The term “other import restriction” includes a limitation, prohibition, charge, or exaction other than duty, imposed on importation or imposed for the regulation of importation. The term does not include any orderly marketing agreement.
(3) The term “ad valorem” includes ad valorem equivalent. Whenever any limitation on the amount by which or to which any rate of duty may be decreased or increased pursuant to a trade agreement is expressed in terms of an ad valorem percentage, the ad valorem amount taken into account for purposes of such limitation shall be determined by the President on the basis of the value of imports of the articles concerned during the most recent representative period.
(4) The term “ad valorem equivalent” means the ad valorem equivalent of a specific rate or, in the case of a combination of rates including a specific rate, the sum of the ad valorem equivalent of the specific rate and of the ad valorem rate. The ad valorem equivalent shall be determined by the President on the basis of the value of imports of the article concerned during the most recent representative period. In determining the value of imports, the President shall utilize, to the maximum extent practicable, the standards of valuation contained in section 1401a or 1402 11 See References in Text note below. of this title (as in effect before the effective date of the amendments made by title II of the Trade Agreements Act of 1979) or in [section 1401a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1401a&num=0&edition=prelim) (as in effect on the effective date of such title II amendments)
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Creation of Trust Fund** There is established in the Treasury of the United States a trust fund to be known as the “Agricultural Disaster Relief Trust Fund”, consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section.
**(b) Transfer to Trust Fund**
(1) **In general** — There are appropriated to the Agricultural Disaster Relief Trust Fund amounts equivalent to 3.08 percent of the amounts received in the general fund of the Treasury of the United States during fiscal years 2008 through 2011 attributable to the duties collected on articles entered, or withdrawn from warehouse, for consumption under the Harmonized Tariff Schedule of the United States.
(2) **Amounts based on estimates** — The amounts appropriated under this section shall be transferred at least monthly from the general fund of the Treasury of the United States to the Agricultural Disaster Relief Trust Fund on the basis of estimates made by the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.
(3) **Limitation on transfers to Agricultural Disaster Relief Trust Fund** — No amount may be appropriated to the Agricultural Disaster Relief Trust Fund on and after the date of any expenditure from the Agricultural Disaster Relief Trust Fund which is not permitted by this section. The determination of whether an expenditure is so permitted shall be made without regard to—
(A) any provision of law which is not contained or referenced in this subchapter or in a revenue Act, and
(B) whether such provision of law is a subsequently enacted provision or directly or indirectly seeks to waive the application of t
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Publication of Harmonized Tariff Schedule
The Harmonized Tariff Schedule of the United States is not published in the Code. A current version of the Harmonized Tariff Schedule is maintained and published periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Government Publishing Office, Washington, D.C. 20402.
#### Reference to Tariff Schedules To Be Treated as Reference to Harmonized Tariff Schedule
Reference in any law to “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference to the old Schedules to be treated as reference to Harmonized Tariff Schedule, see [section 3012 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3012&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are, through trade agreements affording mutual benefits—
(1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade;
(2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States;
(3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade;
(4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm,11 So in original. workers, and communities to adjust to changes in international trade flows;
(5) to open up market opportunities for United States commerce in nonmarket economies; and
(6) to provide fair and reasonable access to products of less developed countries in the United States market.
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Federal law — U.S. Code and appendices · legal_authorities
The purposes of this chapter are—
(1) to approve the International Convention on the Harmonized Commodity Description and Coding System;
(2) to implement in United States law the nomenclature established internationally by the Convention; and
(3) to provide that the Convention shall be treated as a trade agreement obligation of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
Page 475
TITLE 19—CUSTOMS DUTIES
§ 2101
Sec.
2492.
Tariff treatment of products of uncooperative
major drug producing or drug-transit coun-
tries.
2493.
Sugar quota.
2494.
Progress reports.
2495.
Definitions.
SUBCHAPTER VIII—SUPPLEMENTAL
AGRICULTURAL DISASTER ASSISTANCE
2497.
Supplemental agricultural disaster assist-
ance.
2497a.
Agricultural Disaster Relief Trust Fund.
2497b.
Jurisdiction.
§ 2101. Short title
This chapter may be cited as the ‘‘Trade Act
of 1974’’.
(Pub. L. 93–618, § 1, Jan. 3, 1975, 88 Stat. 1978.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 93–618, which in addition
to enacting this chapter enacted section 1863 of this
title, amended sections 160, 162, 163, 164, 170a, 1202, 1303,
1315, 1321, 1330, 1332, 1333, 1337, 1352, 1484, 1516, 1806, 1862,
1872, 1885, and 1981 of this title, sections 5312, 5314, 5315,
and 5316 of Title 5, Government Organization and Em-
ployees, section 301 of Title 13, Census, section 3302 of
Title 26, Internal Revenue Code, sections 2631 and 2632
of Title 28, Judiciary and Judicial Procedure, and sec-
tion 665 of former Title 31, Money and Finance, re-
pealed sections 1802, 1803, 1804, 1805, 1822, 1831, 1832, 1833,
1841, 1842, 1843, 1844, 1845, 1846, 1861, 1871, 1873, 1882, 1883,
1884, 1886, 1901, 1902, 1911, 1912, 1913, 1914, 1915, 1917, 1931,
1941, 1942, 1943, 1944, 1951, 1952, 1961, 1962, 1963, 1971, 1972,
1973, 1974, 1975, 1976, 1977, 1978, and 1991 of this title, and
enacted provisions set out as notes under this section
and sections 160, 162, 1303, 1321, 1337, 1484, 1515, 1516, 1901,
and 2271 of this title and section 301 of Title 13, Census.
Statutory Notes and Related Subsidiaries
REFERENCES TO OTHER LAWS
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Federal law — U.S. Code and appendices · legal_authorities
Page 483
TITLE 19—CUSTOMS DUTIES
§ 2112
national Trade Commission is requested to advise the
Special Representative [now Trade Representative]
with respect to determining such ad valorem amounts
and equivalents. The Special Representative [now
Trade Representative] shall seek the advice of the
Commission and consult with the Committee with re-
spect to the determination of such ad valorem amounts
and equivalents.
(f) Advice of the International Trade Commission
under Section 131 of the Act [section 2151 of this title],
and other advice or reports by the International Trade
Commission to the President or the Special Represent-
ative [now Trade Representative], the release or disclo-
sure of which is not specifically authorized or required
by law, shall not be released or disclosed in any manner
or to any extent not specifically authorized by the
President or by the Special Representative [now Trade
Representative].
(g) All reports, findings, advice, determinations,
hearing transcripts, briefs, and information which,
under the terms of the Act [this chapter], the Inter-
national Trade Commission is required to furnish to
the President shall be transmitted to the President
through the Special Representative [now Trade Rep-
resentative].
SEC. 5. Import Relief and Market Disruption.
(a) The Special Representative [now Trade Represent-
ative] is authorized to request from the International
Trade Commission the information specified in Sec-
tions 202(d) and 203(i)(1) and (2) of the Act [sections
2252(d) and 2253(i)(1) and (2) of this title].
(b) The Secretary of the Treasury, in consultation
with the Secretary of Commerce or the Secretary of
Agriculture, as appropriate, is authorized to issue,
under Section 203(g) of the Act [section 2253(g) of this
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Federal law — U.S. Code and appendices · legal_authorities
Page 709
TITLE 19—CUSTOMS DUTIES
§ 2483
after such date, see section 1217(b)(1) of Pub. L. 100–418,
set out as an Effective Date note under section 3001 of
this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by section 202(c)(1) of Pub. L. 96–39 effec-
tive July 1, 1980, see section 204(a) of Pub. L. 96–39, set
out as a note under section 1401a of this title.
Amendment by section 1106(h)(1) of Pub. L. 96–39 ef-
fective July 26, 1979, see section 1114 of Pub. L. 96–39,
set out as an Effective Date note under section 2581 of
this title.
SAVINGS PROVISION
Pub. L. 105–206, title V, § 5003(c), July 22, 1998, 112
Stat. 790, provided that: ‘‘Nothing in this section
[amending this section, sections 1881, 2432, 3332 and 3555
of this title, and sections 5401 and 5713 of Title 22, For-
eign Relations and Intercourse, enacting provisions set
out as notes under this section, and amending provi-
sions set out as a note under section 2112 of this title]
shall affect the meaning of any provision of law, Execu-
tive order, Presidential proclamation, rule, regulation,
delegation of authority, other document, or treaty or
other international agreement of the United States re-
lating to the principle of ‘most-favored-nation’ (or
‘most favored nation’) treatment. Any Executive order,
Presidential proclamation, rule, regulation, delegation
of authority, other document, or treaty or other inter-
national agreement of the United States that has been
issued, made, granted, or allowed to become effective
and that is in effect on the effective date of this Act
[July 22, 1998], or was to become effective on or after
the effective date of this Act, shall continue in effect
according to its terms until modified, terminated, su-
perseded, set aside, or revoked in accordanc
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Federal law — U.S. Code and appendices · legal_authorities
Page 727
TITLE 19—CUSTOMS DUTIES
§ 2502
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Enactment of this section and repeal of Pub. L.
110–234 by Pub. L. 110–246 effective May 22, 2008, the
date of enactment of Pub. L. 110–234, see section 4 of
Pub. L. 110–246, set out as a note under section 8701 of
Title 7, Agriculture.
CHAPTER 13—TRADE AGREEMENTS ACT OF
1979
Sec.
2501.
Short title.
2502.
Congressional statement of purposes.
2503.
Approval of trade agreements.
2504.
Relationship of trade agreements to United
States law.
SUBCHAPTER I—GOVERNMENT PROCUREMENT
2511.
General authority to modify discriminatory
purchasing requirements.
2512.
Authority to encourage reciprocal competi-
tive procurement practices.
2513.
Waiver of discriminatory purchasing require-
ments with respect to purchases of civil air-
craft.
2514.
Expansion of the coverage of the Agreement.
2515.
Monitoring and enforcement.
2516.
Repealed.
2517.
Availability of information to Members of
Congress designated as official advisers.
2518.
Definitions.
SUBCHAPTER II—TECHNICAL BARRIERS TO
TRADE (STANDARDS)
PART A—OBLIGATIONS OF THE UNITED STATES
2531.
Certain standards-related activities.
2532.
Federal standards-related activities.
2533.
State and private standards-related activi-
ties.
PART B—FUNCTIONS OF FEDERAL AGENCIES
2541.
Functions of Trade Representative.
2542.
Establishment and operation of technical of-
fices.
2543.
Representation of United States interests be-
fore international standards organizations.
2544.
Standards information center.
2545.
Contracts and grants.
2546.
Technical assistance.
2547.
Consultations with representatives of domes-
tic interests.
PART C—ADMINISTRATIVE AND JUDICIAL PROCEEDINGS
REGARDING STANDARDS-RELATED
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