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19 U.S.C. § 2483 — Consequential changes in Tariff Sched-

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19 U.S.C. § 2483 — Consequential changes in Tariff Sched-

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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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 accordance with law.’’ CLARIFICATION OF DESIGNATION OF NORMAL TRADE RELATIONS Pub. L. 105–206, title V, § 5003(a), July 22, 1998, 112 Stat. 789, provided that: ‘‘(1) FINDINGS.—The Congress makes the following findings: ‘‘(A) Since the 18th century, the principle of non- discrimination among countries with which the United States has trade relations, commonly referred to as ‘most-favored-nation’ treatment, has been a cornerstone of United States trade policy. ‘‘(B) Although the principle remains firmly in place as a fundamental concept in United States trade rela- tions, the term ‘most-favored-nation’ is a misnomer which has led to public misunderstanding. ‘‘(C) It is neither the purpose nor the effect of the most-favored-nation principle to treat any country as ‘most favored’. To the contrary, the principle reflects the intention to confer on a country the same trade benefits that are conferred on any other country, that is, the intention not to discriminate among trading partners. ‘‘(D) The term ‘normal trade relations’ is a more accurate description of the principle of non- discrimination as it applies to the tariffs applicable generally to imports from United States trading part- ners, that is, the general rates of duty set forth in column 1 of the Harmonized Tariff Schedule of the United States. ‘‘(2) POLICY.—It is the sense of the Congress that— ‘‘(A) the language used in United States laws, trea- ties, agreements, executive orders, directives, and regulations should more clearly and accurately re- flect the underlying principles of United States trade policy; and ‘‘(B) accordingly, the term ‘normal trade relations’ should, where appropriate, be substituted for the term ‘most-favored-nation’.’’ § 2482. Exercise of functions of International Trade Commission (a) Preliminary investigation In order to expedite the performance of its functions under this chapter, the International Trade Commission may conduct preliminary in- vestigations, determine the scope and manner of its proceedings, and consolidate proceedings be- fore it. (b) Use of authority granted under other provi- sions In performing its functions under this chapter, the Commission may exercise any authority granted to it under any other Act. (c) Gathering of current information The Commission shall at all times keep in- formed concerning the operation and effect of provisions relating to duties or other import re- strictions of the United States contained in trade agreements entered into under the trade agreements program. (Pub. L. 93–618, title VI, § 603, Jan. 3, 1975, 88 Stat. 2073.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b), was in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under sec- tion 2101 of this title and Tables. § 2483. Consequential changes in Tariff Sched- ules of the United States The President shall from time to time, as ap- propriate, embody in the Harmonized Tariff Schedule of the United States the substance of the relevant provisions of this chapter, and of other Acts affecting import treatment, and ac- tions thereunder, including removal, modifica- tion, continuance, or imposition of any rate of duty or other import restriction. (Pub. L. 93–618, title VI, § 604, Jan. 3, 1975, 88 Stat. 2073; Pub. L. 100–418, title I, §§ 1213(a), 1214(j)(4), Aug. 23, 1988, 102 Stat. 1155, 1158.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Pub- lication of Harmonized Tariff Schedule note set out under section 1202 of this title. This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see Ref- erences in Text note set out under section 2101 of this title and Tables. AMENDMENTS 1988—Pub. L. 100–418 substituted ‘‘Harmonized Tariff Schedule of the United States’’ for ‘‘Tariff Schedules of the United States’’ and inserted ‘‘removal,’’ after ‘‘in- cluding’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or Page 710 TITLE 19—CUSTOMS DUTIES § 2484 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. Executive Documents DELEGATION OF FUNCTIONS Authority of President under this section to embody rectifications, technical or conforming changes, or similar modifications in the Harmonized Tariff Sched- ule delegated to the United States Trade Representa- tive by par. (4) of Proc. No. 6969, Jan. 27, 1997, 62 F.R. 4417. PROC. NO. 6914. TO MODIFY THE ALLOCATION OF TARIFF- RATE QUOTAS FOR CERTAIN CHEESES Proc. No. 6914, Aug. 26, 1996, 61 F.R. 45851, provided: 1. On January 1, 1995, Austria, Finland, and Sweden acceded to the European Communities (EC), and the EC customs union of 12 member countries (‘‘EC-12’’) was enlarged to a customs union of 15 member countries (‘‘EC-15’’). At that time, the EC-12, Austria, Finland, and Sweden withdrew their tariff schedules under the World Trade Organization and applied the common ex- ternal tariff of the EC-12 to imports into the EC-15. The United States and the EC then entered into negotia- tions under Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade 1994 to com- pensate the United States for the resulting increase in some tariffs on U.S. exports to Austria, Finland, and Sweden. 2. On July 22, 1996, the United States and the EC signed an agreement concluding the negotiations on compensation. To recognize the membership of Austria, Finland, and Sweden in the EC-15, the tariff-rate quota (TRQ) allocations for cheeses from these countries will become part of the total TRQ allocations for cheeses from the EC-15, but will be reserved for use by these countries through 1997. 3. Section 404(d)(3) of the Uruguay Round Agreements Act (URAA) (19 U.S.C. 3601(d)(3)) authorizes the Presi- dent to allocate the in-quota quantity of a tariff-rate quota for any agricultural product among supplying countries or customs areas and to modify any alloca- tion as the President determines appropriate. Pursuant to section 404(d)(3) of the URAA, I have determined that it is appropriate to modify the TRQ allocations for cheeses by providing that the TRQ allocations for cheeses from Austria, Finland, and Sweden will become part of the total TRQ allocations for cheeses from the EC-15, but will be reserved for use by these countries through 1997. 4. Section 604 of the Trade Act of 1974, as amended (‘‘Trade Act’’) (19 U.S.C. 2483), authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of the relevant pro- visions of that Act, and of other Acts affecting import treatment, and actions thereunder, including the re- moval, modification, continuance, or imposition of any rate of duty or other import restriction. The modifica- tion of the TRQ allocations for cheeses is such an ac- tion. 5. In paragraph (3) of Proclamation 6763 of December 23, 1994, I delegated my authority under section 404(d)(3) of the Trade Act [probably means section 404(d)(3) of the URAA, 19 U.S.C. 3601(d)(3)] to the United States Trade Representative (USTR). I have deter- mined that it is appropriate to authorize the USTR to exercise my authority under section 604 of the Trade Act [19 U.S.C. 2483] to embody in the HTS the substance of any action taken by the USTR under section 404(d)(3) of the URAA. NOW, THEREFORE, I, WILLIAM J. CLINTON, Presi- dent of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States, including but not limited to section 301 of title 3, United States Code, section 404(d)(3) of the URAA, and section 604 of the Trade Act do proclaim that: (1) Additional U.S. notes to chapter 4 of the HTS are modified as specified in the Annex to this proclama- tion. (2) The USTR is authorized to exercise my authority under section 604 of the Trade Act [19 U.S.C. 2483] to embody in the HTS the substance of any actions taken by USTR under section 404(d)(3) of the URAA [19 U.S.C. 3601(d)(3)]. (3) Any provisions of previous proclamations and Ex- ecutive orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. (4) This proclamation is effective on the date of sig- nature of this proclamation, and the modifications to the HTS made by the Annex to this proclamation shall be effective on the dates that are specified in that Annex. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of August, in the year of our Lord nineteen hundred and ninety-six, and of the Independence of the United States of America the two hundred and twenty-first. WILLIAM J. CLINTON. ANNEX The Annex of Proclamation 6914, which amended the Harmonized Tariff Schedule of the United States, is not set out under this section because the Harmonized Tar- iff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under sec- tion 1202 of this title. § 2484. International drug control The President shall submit a report to Con- gress at least once each calendar year listing those foreign countries in which narcotic drugs and other controlled substances (as listed under section 812 of title 21) are produced, processed, or transported for unlawful entry into the United States. Such report shall include a de- scription of the measures such countries are taking to prevent such production, processing, or transport. (Pub. L. 93–618, title VI, § 606, Jan. 3, 1975, 88 Stat. 2073.) § 2485. Voluntary limitations on exports of steel to United States No person shall be liable for damages, pen- alties, or other sanctions under the Federal Trade Commission Act [15 U.S.C. 41 et seq.] or the Antitrust Acts (as defined in section 4 of the Federal Trade Commission Act [15 U.S.C. 44]), or under any similar State law, on account of his negotiating, entering into, participating in, or implementing an arrangement providing for the voluntary limitation on exports of steel and steel products to the United States, or any modification or renewal of such an arrangement, if such arrangement or such modification or re- newal— (1) was undertaken prior to January 3, 1975, at the request of the Secretary of State or his delegate, and (2) ceases to be effective not later than Jan- uary 1, 1975. (Pub. L. 93–618, title VI, § 607, Jan. 3, 1975, 88 Stat. 2073.) Editorial Notes REFERENCES IN TEXT The Federal Trade Commission Act, referred to in text, is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established; membership; vacancies; seal

A commission is created and established, to be known as the Federal Trade Commission (hereinafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be members of the same political party. The first Commissioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..11 So in original. The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 41 — Federal Trade Commission established;

Page 48 TITLE 15—COMMERCE AND TRADE § 41 1 So in original. Sec. 74. Rules and regulations. 75. Retaliation against country prohibiting im- portations. 76. Retaliation against restriction of importa- tions in time of war. 77. Discrimination against neutral Americans in time of war. SUBCHAPTER I—FEDERAL TRADE COMMISSION § 41. Federal Trade Commission established; membership; vacancies; seal A commission is created and established, to be known as the Federal Trade Commission (here- inafter referred to as the Commission), which shall be composed of five Commissioners, who shall be appointed by the President, by and with the advice and consent of the Senate. Not more than three of the Commissioners shall be mem- bers of the same political party. The first Com- missioners appointed shall continue in office for terms of three, four, five, six, and seven years, respectively, from September 26, 1914, the term of each to be designated by the President, but their successors shall be appointed for terms of seven years, except that any person chosen to fill a vacancy shall be appointed only for the un- expired term of the Commissioner whom he shall succeed: Provided, however, That upon the expiration of his term of office a Commissioner shall continue to serve until his successor shall have been appointed and shall have qualified..1 The President shall choose a chairman from the Commission’s membership. No Commissioner shall engage in any other business, vocation, or employment. Any Commissioner may be re- moved by the President for inefficiency, neglect of duty, or malfeasance in office. A vacancy in the Commission shall not impair the right of the remaining Commissioners to exercise all the powers of the Commission. The Commission shall have a

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 44 — Definitions

The words defined in this section shall have the following meaning when found in this subchapter, to wit:

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 44 — Definitions

Page 50 TITLE 15—COMMERCE AND TRADE § 43 other employees as it may from time to time find necessary for the proper performance of its duties and as may be from time to time appro- priated for by Congress. With the exception of the secretary, a clerk to each Commissioner, the attorneys, and such spe- cial experts and examiners as the Commission may from time to time find necessary for the conduct of its work, all employees of the Com- mission shall be a part of the classified civil service, and shall enter the service under such rules and regulations as may be prescribed by the Commission and by the Director of the Of- fice of Personnel Management. All of the expenses of the Commission, includ- ing all necessary expenses for transportation in- curred by the Commissioners or by their em- ployees under their orders, in making any inves- tigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission. Until otherwise provided by law, the Commis- sion may rent suitable offices for its use. The Government Accountability Office shall receive and examine all accounts of expendi- tures of the Commission. (Sept. 26, 1914, ch. 311, § 2, 38 Stat. 718; June 10, 1921, ch. 18, title III, § 304, 42 Stat. 24; 1978 Reorg. Plan No. 2, § 102, 43 F.R. 36037, 92 Stat. 3783; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes REFERENCES IN TEXT The classified civil service, referred to in second par., means the ‘‘competitive service’’, see section 2102 of Title 5, Government Organization and Employees. Rules and regulations of the Civil Service Commission for entry into the service are prescribed generally under authority

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 2483 — Definitions

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

19 U.S.C. § 3601 — Rules of origin for textile and apparel products

**(a) Regulatory authority** The Secretary of the Treasury shall prescribe rules implementing the principles contained in subsection (b) for determining the origin of textiles and apparel products. Such rules shall be promulgated in final form not later than July 1, 1995. **(b) Principles** (1) **In general** — Except as otherwise provided for by statute, a textile or apparel product, for purposes of the customs laws and the administration of quantitative restrictions, originates in a country, territory, or insular possession, and is the growth, product, or manufacture of that country, territory, or insular possession, if— (A) the product is wholly obtained or produced in that country, territory, or possession; (B) the product is a yarn, thread, twine, cordage, rope, cable, or braiding and— (i) the constituent staple fibers are spun in that country, territory, or possession, or (ii) the continuous filament is extruded in that country, territory, or possession; (C) the product is a fabric, including a fabric classified under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in that country, territory, or possession; or (D) the product is any other textile or apparel product that is wholly assembled in that country, territory, or possession from its component pieces. (2) **Special rules** (A) Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (B) and (C)— (i) the origin of a good that is classified under one of the following HTS headings or subheadings shall be determined under subparagraph (A), (B), or (C) of paragraph (1), as appropriate: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 63

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 3601 — Administration of tariff-rate quotas

Page 885 TITLE 19—CUSTOMS DUTIES § 3601 tion [amending this section] apply to goods entered, or withdrawn from warehouse for consumption, on or after the date of the enactment of this Act [May 18, 2000].’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. SUBCHAPTER IV—AGRICULTURE-RELATED PROVISIONS PART A—MARKET ACCESS § 3601. Administration of tariff-rate quotas (a) Orderly marketing In implementing the tariff-rate quotas set out in Schedule XX for the entry, or withdrawal from warehouse, for consumption of goods in the United States, the President shall take such ac- tion as may be necessary to ensure that imports of agricultural products do not disrupt the or- derly marketing of commodities in the United States. (b) Inadequate supply Where imports of an agricultural product are subject to a tariff-rate quota, and where the President determines and proclaims that the supply of the same or directly competitive or substitutable agricultural product will b

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