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19 U.S.C. § 3012 — Reference to Harmonized Tariff Schedule
Federal law — U.S. Code and appendices · legal_authorities
Any reference in any law to the “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference that clearly refers to the old Schedules shall be treated as a reference to the Harmonized Tariff Schedule.
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Stable record: federal_law:legal_authorities:record_usc_f49bec15b216537593904f05
Source file: Laws/federal/codes/united-states-code/title-19/section-3012-reference-to-harmonized-tariff-schedule--4d6ef8adb2.md
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Source location: Title 19, Chapter 18, § 3012; chapter-018-implementation-of-harmonized-tariff-schedule.md
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Any reference in any law to the “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference that clearly refers to the old Schedules shall be treated as a reference to the Harmonized Tariff Schedule.
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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—
(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
For purposes of the Trade Expansion Act of 1962 [[19 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1801&num=0&edition=prelim) et seq.], section 201(b)(1) [[19 U.S.C. 1821(b)(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821/b/1&num=0&edition=prelim)] (relating to limit on decrease in duty), sections 221, 223, and 224 [[19 U.S.C. 1841](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1841&num=0&edition=prelim), 1843, 1844] (relating to certain requirements concerning negotiations), and section 253 [[19 U.S.C. 1883](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1883&num=0&edition=prelim)] (relating to staging requirements) of such Act shall not apply with respect to dicyandiamide provided for in item 425.40 of the Tariff Schedules of the United States, and shall not apply with respect to limestone, when imported to be used in the manufacture of cement, provided for in item 513.34 of such Schedules.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential authority to enter into agreement; modification or continuance of existing duties** Whenever the President determines that any 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 of this chapter will be promoted thereby, the President—
(1) during the 5-year period beginning on January 3, 1975, may enter into trade agreements with foreign countries or instrumentalities thereof; and
(2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement.
**(b) Limitation on authority to decrease duty**
(1) Except as provided in paragraph (2), no proclamation pursuant to subsection (a)(2) shall be made decreasing a rate of duty to a rate below 40 percent of the rate existing on January 1, 1975.
(2) Paragraph (1) shall not apply in the case of any article for which the rate of duty existing on January 1, 1975, is not more than 5 percent ad valorem.
**(c) Limitation on authority to increase duty** No proclamation shall be made pursuant to subsection (a)(2) increasing any rate of duty to, or imposing a rate above, the higher of the following:
(1) the rate which is 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States as in effect on January 1, 1975, or
(2) the rate which is 20 percent ad valorem above the rate existing on January 1, 1975.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Grant of authority for termination or withdrawal at end of period specified in agreement** Every trade agreement entered into under this chapter shall be subject to termination, in whole or in part, or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months’ notice.
**(b) Authority to terminate proclamations at any time** The President may at any time terminate, in whole or in part, any proclamation made under this chapter.
**(c) Increased duties or other import restrictions following withdrawal, suspension, or modification of obligations with respect to trade of foreign countries or instrumentalities** Whenever the United States, acting in pursuance of any of its rights or obligations under any trade agreement entered into pursuant to this chapter, [section 1821 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1821&num=0&edition=prelim), or [section 1351 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1351&num=0&edition=prelim), withdraws, suspends, or modifies any obligation with respect to the trade of any foreign country or instrumentality thereof, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the obligations of the United States. No proclamation shall be made under this subsection increasing any existing du
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise provided in this subchapter, the President shall continue to deny nondiscriminatory treatment to the products of any country, the products of which were not eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Actions of nonmarket economy countries making them ineligible for normal trade relations, programs of credits, credit guarantees, or investment guarantees, or commercial agreements** To assure the continued dedication of the United States to fundamental human rights, and notwithstanding any other provision of law, on or after January 3, 1975, products from any nonmarket economy country shall not be eligible to receive nondiscriminatory treatment (normal trade relations), such country shall not participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—
(1) denies its citizens the right or opportunity to emigrate;
(2) imposes more than a nominal tax on emigration or on the visas or other documents required for emigration, for any purpose or cause whatsoever; or
(3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate to the country of his choice,
and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).
**(b) Presidential determination and report to Congress that nation is not violating freedom of emigration** After January 3, 1975, (A) products of a nonmarket economy country may be eligible to receive nondiscriminatory treatment (normal trade relations), (B) such country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalty for noncooperating countries** Notwithstanding any other provision of law, if the President determines that a nonmarket economy country is not cooperating with the United States—
(1) to achieve a complete accounting of all United States military and civilian personnel who are missing in action in Southeast Asia,
(2) to repatriate such personnel who are alive, and
(3) to return the remains of such personnel who are dead to the United States,
then, during the period beginning with the date of such determination and ending on the date on which the President determines such country is cooperating with the United States, he may provide that—
(A) the products of such country may not receive nondiscriminatory treatment,
(B) such country may not participate, directly or indirectly, in any program under which the United States extends credit, credit guarantees, or investment guarantees, and
(C) no commercial agreement entered into under this subchapter between such country and the United States will take effect.
**(b) Exception** This section shall not apply to any country the products of which are eligible for the rates set forth in rate column numbered 1 of the Tariff Schedules of the United States on January 3, 1975.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Sanctions for emigration restrictions** To assure the continued dedication of the United States to the fundamental human rights and welfare of its own citizens, and notwithstanding any other provision of law, on or after January 3, 1975, no nonmarket economy country shall participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, directly or indirectly, and the President of the United States shall not conclude any commercial agreement with any such country, during the period beginning with the date on which the President determines that such country—
(1) denies its citizens the right or opportunity to join permanently through emigration, a very close relative in the United State,11 So in original. such as a spouse, parent, child, brother, or sister;
(2) imposes more than a nominal tax on the visas or other documents required for emigration described in paragraph (1); or
(3) imposes more than a nominal tax, levy, fine, fee, or other charge on any citizen as a consequence of the desire of such citizen to emigrate as described in paragraph (1),
and ending on the date on which the President determines that such country is no longer in violation of paragraph (1), (2), or (3).
**(b) Report to Congress concerning emigration policies** After January 3, 1975, (A) a nonmarket economy country may participate in any program of the Government of the United States which extends credits or credit guarantees or investment guarantees, and (B) the President may conclude a commercial agreement with such country, only after the President has submitted to the Congress a report indicating that such country is not in violation of paragraph (1), (2), or (3) of subsection (a). Such report with respect to such
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter—
(1) The term “Trade Representative” means the United States Trade Representative.
(2) The term “telecommunications product” means—
(A) any paging devices provided for under item 685.65 of such Schedules, and
(B) any article classified under any of the following item numbers of such Schedules:684.57 684.67 685.28 685.39 684.58 684.80 685.30 685.48 684.59 685.16 685.31 688.17 684.65 685.24 685.33 688.41 684.66 685.25 685.34 707.90.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3102
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