19 U.S.C. § 1303 — Repealed. Pub. L. 103–465, title II, § 261(a),

Page 63 TITLE 19—CUSTOMS DUTIES § 1303 Sec. 1681a. Requirements for entry of certain cigarettes and smokeless tobacco products. 1681b. Enforcement. SUBTITLE VI—SOFTWOOD LUMBER 1683. Definitions. 1683a. Establishment of softwood lumber importer declaration program. 1683b. Scope of softwood lumber importer declara- tion program. 1683c. Export charge determination and publication. 1683d. Reconciliation. 1683e. Verification. 1683f. Penalties. 1683g. Reports. SUBTITLE I—HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES Editorial Notes CODIFICATION Titles I and II of act June 17, 1930, ch. 497, 46 Stat. 590, 672, which comprised the dutiable and free lists for arti- cles imported into the United States, were formerly classified to sections 1001 and 1201 of this title, and were stricken by Pub. L. 87–456, title I, § 101(a), May 24, 1962, 76 Stat. 72. The Revised Tariff Schedules, which were classified to section 1202 of this title, were strick- en by Pub. L. 100–418, title I, § 1204(a), Aug. 23, 1988, 102 Stat. 1148, and were replaced by the Harmonized Tariff Schedule of the United States. See Publication of Har- monized Tariff Schedule note set out under section 1202 of this title. Statutory Notes and Related Subsidiaries CHANGE OF NAME United States Tariff Commission renamed United States International Trade Commission by Pub. L. 93–618, title I, § 171, Jan. 3, 1975, 88 Stat. 2009, which is classified to section 2231 of this title. ENACTMENT OF HARMONIZED TARIFF SCHEDULE Pub. L. 100–418, title I, § 1204(a), Aug. 23, 1988, 102 Stat. 1148, provided that: ‘‘The Tariff Act of 1930 [this chap- ter] is amended by striking out title I and inserting a new title I entitled ‘Title I—Harmonized Tariff Sched- ule of the United States’ (hereinafter in this subtitle [subtitle B, §§ 1201 to 1217, of title I, see Tables for clas- sification] referred to as the ‘Harmonized Tariff Sched- ule’) which— ‘‘(1) consists of— ‘‘(A) the General Notes; ‘‘(B) the General Rules of Interpretation; ‘‘(C) the Additional U.S. Rules of Interpretation; ‘‘(D) sections I to XXII, inclusive (encompassing chapters 1 to 99, and including all section and chap- ter notes, article provisions, and tariff and other treatment accorded thereto); and ‘‘(E) the Chemical Appendix to the Harmonized Tariff Schedule; all conforming to the nomenclature of the Conven- tion and as set forth in Publication No. 2030 of the Commission entitled ‘Harmonized Tariff Schedule of the United States Annotated for Statistical Report- ing Purposes’ and Supplement No. 1 thereto; but ‘‘(2) does not include the statistical annotations, notes, annexes, suffixes, check digits, units of quan- tity, and other matters formulated under [former] section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e) [now see 19 U.S.C. 1484(f)]), nor the table of contents, footnotes, index, and other matters in- serted for ease of reference, that are included in such Publication No. 2030 or Supplement No. 1. thereto.’’ [For effective date of Harmonized Tariff Schedule as Jan. 1, 1989, see section 1217(b) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of this title.] TARIFF CLASSIFICATION ACT OF 1962; ADOPTION OF RE- VISED TARIFF SCHEDULES; ADMINISTRATIVE AND SAV- INGS PROVISIONS Titles I and II of Pub. L. 87–456, May 24, 1962, 76 Stat. 72–75, as amended by Pub. L. 87–794, title II, § 257(g), Oct. 11, 1962, 76 Stat. 882; Pub. L. 100–418, title I, § 1213(b), Aug. 23, 1988, 102 Stat. 1155, provided for adop- tion of Revised Tariff Schedules of the United States and administrative and saving provisions. § 1202. Harmonized Tariff Schedule 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 pub- lished periodically by the United States International Trade Commission and is available at their website and for sale by the Superintendent of Documents, U.S. Gov- ernment Publishing Office, Washington, D.C. 20402. Statutory Notes and Related Subsidiaries 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 Sched- ules’’, and any other general reference to the old Sched- ules to be treated as reference to Harmonized Tariff Schedule, see section 3012 of this title. SUBTITLE II—SPECIAL PROVISIONS PART I—MISCELLANEOUS § 1301. Repealed. Apr. 30, 1946, ch. 244, title V, § 511(1), 60 Stat. 158 Section, act June 17, 1930, ch. 497, title III, § 301, 46 Stat. 685, related to duties and taxes on Philippine arti- cles coming to the United States and United States ar- ticles imported into the Philippine Islands. Subject matter is covered by Philippine Trade Act of 1946 (see Short Title note set out under section 1354 of Title 22, Foreign Relations and Intercourse). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective May 1, 1946, see section 512 of act Apr. 30, 1946, set out as an Effective Date note under section 1354 of Title 22, Foreign Relations and Inter- course. § 1301a. Repealed. Pub. L. 87–456, title III, § 301(a), May 24, 1962, 76 Stat. 75 Section, act June 17, 1930, ch. 497, title III, § 301, as added Sept. 1, 1954, ch. 1213, title IV, § 401, 68 Stat. 1139, related to rates of duty upon articles coming into the United States from its insular possessions. § 1302. Omitted Editorial Notes CODIFICATION Section, acts June 17, 1930, ch. 497, title III, § 302, 46 Stat. 686; May 17, 1932, ch. 190, 47 Stat. 158, was incor- porated as section 3361(b) of the Internal Revenue Code of 1939. See section 7653 of Title 26, Internal Revenue Code. § 1303. Repealed. Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908 Section, acts June 17, 1930, ch. 497, title III, § 303, 46 Stat. 687; Jan. 3, 1975, Pub. L. 93–618, title III, § 331(a), Page 64 TITLE 19—CUSTOMS DUTIES § 1304 88 Stat. 2049; Apr. 3, 1979, Pub. L. 96–6, § 1, 93 Stat. 10; July 26, 1979, Pub. L. 96–39, title I, §§ 103, 105(a), 93 Stat. 190, 193, provided for the levy of countervailing duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908, provided that this section is repealed ‘‘effective on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under section 1671 of this title]’’. SAVINGS PROVISION Pub. L. 103–465, title II, § 261(b), (c), Dec. 8, 1994, 108 Stat. 4908, 4909, provided that: ‘‘(b) SAVINGS PROVISIONS.— ‘‘(1) CONTINUING EFFECT OF LEGAL DOCUMENTS.—All orders, determinations, and other administrative ac- tions— ‘‘(A) which have been issued pursuant to an inves- tigation conducted under section 303 of the Tariff Act of 1930 [19 U.S.C. 1303], and ‘‘(B) which are in effect on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under section 1671 of this title], or were final before such date and are to be- come effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or re- voked in accordance with law by the administering authority, the International Trade Commission, or a court of competent jurisdiction, or by operation of law. Except as provided in paragraph (3), such orders or determinations shall be subject to review under section 751 of the Tariff Act of 1930 [19 U.S.C. 1675] and, to the extent applicable, investigation under sec- tion 753 of such Act [19 U.S.C. 1675b] (as added by this title). ‘‘(2) PROCEEDINGS NOT AFFECTED.—The provisions of subsection (a) shall not affect any proceedings, in- cluding notices of proposed rulemaking, pending be- fore the administering authority or the International Trade Commission on the effective date of this title with respect to such section 303 [19 U.S.C. 1303]. Or- ders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pur- suant to such orders, in accordance with such section 303 as in effect on the day before the effective date of this title and, except as provided in paragraph (3), shall be subject to review under section 751 of the Tariff Act of 1930 [19 U.S.C. 1675] and, to the extent applicable, investigation under section 753 of such Act [19 U.S.C. 1675b]. Orders issued in any such pro- ceedings shall continue in effect until modified, ter- minated, superseded, set aside, or revoked in accord- ance with law by the administering authority, a court of competent jurisdiction, or by operation of law. Nothing in this section shall be deemed to pro- hibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. ‘‘(3) SUITS NOT AFFECTED.—The provisions of sub- section (a) shall not affect the review pursuant to section 516A of the Tariff Act of 1930 [19 U.S.C. 1516a] of a countervailing duty order issued pursuant to an investigation conducted under section 303 of such Act [19 U.S.C. 1303] or a review of a countervailing duty order issued under section 751 of such Act [19 U.S.C. 1675], if such review is pending or the time for filing such review has not expired on the effective date of this title. ‘‘(c) DEFINITION OF ADMINISTERING AUTHORITY.—For purposes of this section, the term ‘administering au- thority’ has the meaning given such term by section 771(1) of the Tariff Act of 1930 [19 U.S.C. 1677(1)].’’ REFERENCES TO FORMER SECTION 1303 Pub. L. 103–465, title II, § 261(d)(1)(C), Dec. 8, 1994, 108 Stat. 4910, provided that: ‘‘Any reference to section 303 [19 U.S.C. 1303] in any other Federal law, Executive order, rule, or regulation shall be treated as a reference to section 303 of the Tariff Act of 1930 as in effect on the day before the effective date of title II of this Act [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under section 1671 of this title].’’ References to section 1303 in chapter 4 of this title de- fined to mean section 1303 as in effect on the day before Jan. 1, 1995, see section 1677(26) of this title. § 1304. Marking of imported articles and con- tainers (a) Marking of articles Except as hereinafter provided, every article of foreign origin (or its container, as provided in subsection (b) hereof) imported into the United States shall be marked in a conspicuous place as legibly, indelibly, and permanently as the na- ture of the article (or container) will permit in such manner as to indicate to an ultimate pur- chaser in the United States the English name of the country of origin of the article. The Sec- retary of the Treasury may by regulations— (1) Determine the character of words and phrases or abbreviations thereof which shall be acceptable as indicating the country of ori- gin and prescribe any reasonable method of marking, whether by printing, stenciling, stamping, branding, labeling, or by any other reasonable method, and a conspicuous place on the article (or container) where the marking shall appear; (2) Require the addition of any other words or symbols which may be appropriate to pre- vent deception or mistake as to the origin of the article or as to the origin of any other ar- ticle with which such imported article is usu- ally combined subsequent to importation but before delivery to an ultimate purchaser; and (3) Authorize the exception of any article from the requirements of marking if— (A) Such article is incapable of being marked; (B) Such article cannot be marked prior to shipment to the United States without in- jury; (C) Such article cannot be marked prior to shipment to the United States, except at an expense economically prohibitive of its im- portation; (D) The marking of a container of such ar- ticle will reasonably indicate the origin of such article; (E) Such article is a crude substance; (F) Such article is imported for use by the importer and not intended for sale in its im- ported or any other form; (G) Such article is to be processed in the United States by the importer or for his ac- count otherwise than for the purpose of con- cealing the origin of such article and in such manner that any mark contemplated by this section would necessarily be obliterated, de- stroyed, or permanently concealed; (H) An ultimate purchaser, by reason of the character of such article or by reason of the circumstances of its importation, must necessarily know the country of origin of