§ 3011. Transition to Harmonized Tariff Schedule

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1988

   Omnibus Trade and Competitiveness Act of 1988

   Pub. L. 100–418 title I § 1211 · 102 Stat. 1107

   Enacted · 19 U.S.C. § 3011

   Pub. L. 100–418, title I, § 1211, Aug. 23, 1988, 102 Stat. 1153

   Source evidence

   Code source credit
   Pub. L. 100–418, title I, § 1211, Aug. 23, 1988, 102 Stat. 1153

   Enacted provision · exact public law section
   SEC. 1211. TRANSITION TO THE HARMONIZED TARIFF SCHEDULE. (a) Existing Executive Actions.— (1) The appropriate officers of the United States Government shall take whatever actions are necessary to conform, to the fullest extent practicable, with the tariff classification system of the Harmonized Tariff Schedule all proclamations, regulations, rulings, notices, findings, determinations, orders, recommendations, and other written actions that— (A) are in effect on the day before the effective date of the Harmonized Tariff Schedule; and (B) contain references to the tariff classification of articles under the old Schedules. (2) Neither the repeal of the old Schedules, nor the failure of any officer of the United States Government to make the conforming changes required under paragraph (1), shall affect to any extent the validity or effect of the proclamation, regulation, ruling, notice, finding, determination, order, recommendation, or other action referred to in paragraph (1). (b) Generalized System of Preferences Conversion.— (1) The review of the proposed conversion of the Generalized System of Preferences program to the Convention tariff nomenclature, initiated by the Office of the United States Trade Representative by notice published in the Federal Register on December 8, 1986 (at page 44,163 of volume 51 thereof), shall be treated as satisfying the requirements of sections 503(a) and 504(c)(3) of the Trade Act of 1974 (19 U.S.C. 2463(a), 2464(c)(3)). (2) In applying section 504(c)(1) of the Trade Act of 1974 (19 U.S.C. 2464(c)(1)) for calendar year 1989, the reference in such section to July 1 shall be treated as a reference to September 1. (c) Import Restrictions Under the Agricultural Adjustment Act.— (1) Whenever the President determines that the conversion of an import restriction proclaimed under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624) from part 3 of the Appendix to the old Schedules to subchapter IV of chapter 99 of the Harmonized Tariff Schedule results in— (A) an article that was previously subject to the restriction being excluded from the restriction; or (B) an article not previously subject to the restriction being included within the restriction; the President may proclaim changes in subchapter IV of chapter 99 of the Harmonized Tariff Schedule to conform that subchapter to the fullest extent possible to part 3 of the Appendix to the old Schedules. (2) Whenever the President determines that the conversion from headnote 2 of subpart A of part 10 of schedule 1 of the old Schedules to Additional U.S. Note 2, chapter 17, of the Harmonized Tariff Schedule results in— (A) an article that was previously covered by such head-note being excluded from coverage; or (B) an article not previously covered by such headnote being included in coverage; the President may proclaim changes in Additional U.S. Note 2, chapter 17 of the Harmonized Tariff Schedule to conform that note to the fullest extent possible to headnote 2 of subpart A of part 10 of schedule 1 of the old Schedules. (3) No change to the Harmonized Tariff Schedule may be proclaimed under paragraph (1) or (2) after June 30, 1990. (d) Certain Protests and Petitions Under the Customs Law.— (1) (A) This subtitle may not be considered to divest the courts of jurisdiction over— (i) any protest filed under section 514 of the Tariff Act of 1930 (19 U.S.C. 1514); or (ii) any petition by an American manufacturer, producer, or wholesaler under section 516 of such Act (19 U.S.C. 1516); covering articles entered before the effective date of the Harmonized Tariff Schedule. (B) Nothing in this subtitle shall affect the jurisdiction of the courts with respect to articles entered after the effective date of the Harmonized Tariff Schedule. (2) (A) If any protest or petition referred to in paragraph (1)(A) is sustained m whole or in part by a final judicial decision, the entries subject to that protest or petition and made before the effective date of the Harmonized Tariff Schedule shall be liquidated or reliquidated, as appropriate, in accordance with such final judicial decision under the old Schedules. (B) At the earliest practicable date after the effective date of the Harmonized Tariff Schedule, the Commission shall initiate an investigation under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) of those final judicial decisions referred to in subparagraph (A) that— (i) are published during the 2-year period beginning on February 1, 1988; and (ii) would have affected tariff treatment if they had been published during the period of the conversion of the old Schedules into the format of the Convention. Reports. No later than September 1, 1990, the Commission shall report the results of the investigation to the President, the Committee on Ways and Means, and the Committee on Finance, and shall recommend those changes to the Harmonized Tariff Schedule that the Commission would have recommended if the final decisions concerned had been made before the conversion into the format of the Convention occurred. (3) The President shall review all changes recommended by President of U.S. the Commission under paragraph (2)(B) and shall, as soon as practicable, proclaim such of those changes, if any, which he decides are necessary or appropriate to conform such Schedule to the final judicial decisions. Any such change shall be effective with respect to— (A) entries made on or after the date of such proclamation; and (B) entries made on or after the effective date of the Harmonized Tariff Schedule if, notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 1514), application for liquidation or reliquidation thereof is made by the importer to the customs officer concerned within 180 days after the effective date of such proclamation. (4) If any protest or petition referred to in paragraph (1)(A) is not sustained in whole or in part by a final judicial decision, the entries subject to that petition or protest and made before the effective date of the Harmonized Tariff Schedule shall be liquidated or reliquidated, as appropriate, in accordance with the final judicial decision under the old Schedules.

2. 1996

   Small Business Job Protection Act of 1996

   Pub. L. 104–188 § 1954(a)(1) · 110 Stat. 1755

   Inserted · 19 U.S.C. § 3011(b)(1)

   Pub. L. 104–188, § 1954(a)(1), inserted “(as in effect on July 31, 1995)” after “of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 104–188, § 1954(a)(1), inserted “(as in effect on July 31, 1995)” after “of this title”.

   Enacted provision · exact public law section
   (1) Section 1211(b) of the Omnibus Trade and Competitiveness Act of 1988(19 U.S.C. 3011(b)) is amended— (A) in paragraph (1), by striking “(19 U.S.C. 2463(a), 2464(c)(3))” and inserting “(as in effect on July 31, 1995)”; and (B) in paragraph (2), by striking “(19 U.S.C. 2464(c)(1))” and inserting the following: “(as in effect on July 31, 1995)”.

   Effective date note
   Amendment by Pub. L. 104–188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Pub. L. 104–188, set out as an Effective Date note under section 2461 of this title.

3. 1996

   Small Business Job Protection Act of 1996

   Pub. L. 104–188 § 1954(a)(2) · 110 Stat. 1755

   Inserted · 19 U.S.C. § 3011(b)(2)

   Pub. L. 104–188, § 1954(a)(2), inserted “(as in effect on July 31, 1995)” after “of this title”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 104–188, § 1954(a)(2), inserted “(as in effect on July 31, 1995)” after “of this title”.

   Enacted provision · exact public law section
   (2) Section 203(c)(7) of the Andean Trade Preference Act (19 U.S.C. 3202(c)(7)) is amended by striking “502(a)(4)” and inserting “507(4)”.

   Effective date note
   Amendment by Pub. L. 104–188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Pub. L. 104–188, set out as an Effective Date note under section 2461 of this title.

3 of 3 references resolved to an enrolled provision