The text of the bill below is as of Dec 2, 1980 (Passed Congress/Enrolled Bill).
94 STAT. 2556 PUBLIC LAW 96-490—DEC. 2, 1980 Public Law 96-490 96th Congress An Act Dec. 2, 1980 To approve and implement the protocol to the trade agreement relating to customs [H.R. 7942] valuation, and for other purposes. Be it enacted by the Senate and House of Representatives of the Customs United States of America in Congress assembled, valuation. Trade SECTION 1. APPROVAL OF PROTOCOL TO THE TRADE AGREEMENT agreement RELATING TO CUSTOMS VALUATION. protocol, approval and (a) APPROVAL OF PROTOCOL.—In accordance with the provisions of implementation. sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 19 u s e 2503 2191), the Congress approves— note. (1) the trade agreement entitled "Protocol to the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade" (hereinafter in this Act referred to as the "Protocol") submitted to the Congress on August 1, 1980; and (2) the statement of administrative action proposed to imple- ment such trade agreement submitted to the Congress on that date. (b) ACCEPTANCE OF PROTOCOL BY THE PRESIDENT.— (1) I N GENERAL.—Subject to paragraph (2), the President may accept the Protocol for the United States. (2) LIMITATION ON ACCEPTANCE OF PROTOCOL.—Paragraph (3) of section 203) of the Trade Agreements Act of 1979 (19 U.S.C. 2503(b)(3)) (relating to the limitation on acceptance of trade agreements concerning major industrial countries) applies to the Protocol and for such purpose the Protocol shall be treated as a trade agreement that is referred to in such paragraph (3). (c) APPLICATION OF PROTOCOL.—Paragraph (2) of section 2(b) of such Act of 1979 (19 U.S.C. 2503a>)(2)) (relating to the application of agreements between the United States and other countries) applies to the Protocol and for such purpose the Protocol shall be treated as a trade agreement that is accepted by the President under paragraph (1) of such section 2(b). (d) RELATIONSHIP OF PROTOCOL TO UNITED STATES LAW.—Subsec- tions (a), (b), (c), and (f) of section 3 of such Act of 1979 (19 U.S.C. 2504 (a), (b), (c), and (f)) (relating to the priority of domestic law in case of conflict, implementing regulations, statutory changes to implement agreement amendments, and disclaimer regarding the creation of any private right of action or remedy) apply to the Protocol and for such purpose the Protocol shall be treated as a trade agreement 19 u s e 2503. approved by the Congress under section 2(a) of such Act of 1979. 19 u s e 1401a SEC. 2. CONSEQUENTIAL AMENDMENT TO UNITED STATES LAW RELAT- note. ING TO CUSTOMS VALUATION. Effective on the latest of— (1) the date on which the amendments made by title II of the 93 Stat. 194. Trade Agreements Act of 1979 (except the amendments made by 19 u s e 1202. section 223(b)) take effect,
PUBLIC LAW 96-490—DEC. 2,1980 94 STAT. 2557 (2) the date on which the President accepts the Protocol for the United States, or (3) the date on which the President determines that the European Economic Community has implemented the Protocol under its laws, and effective with respect to merchandise exported to the United States on or after that date, section 402 of the Tariff Act of 1930 (19 U.S.C. 1401a), as amended by section 201 of such title II, is further amended by striking out subparagraph (B) of subsection (bX2) and inserting in lieu thereof the following: "(B) The transaction value between a related buyer and seller is Transaction value. acceptable for the purposes of this subsection if an examination of the circumstances of the sale of the imported merchandise indicates that the relationship between such buyer and seller did not influence the price actually paid or payable; or if the transaction value of the imported merchandise closely approximates— "(i) the transaction value of identical merchandise, or of similar merchandise, in sales to unrelated buyers in the United States; or "(ii) the deductive value or computed value for identical merchandise or similar merchandise; but only if each value referred to in clause (i) or (ii) that is used for comparison relates to merchandise that was exported to the United States at or about the same time as the imported merchandise.". SEC. 3. TECHNICAL AMENDMENTS RELATING TO TARIFF CLASSIFICATION OF CERTAIN CHEMICALS. (a) GENERAL AMENDMENTS.—Effective on the later of— (1) the date on which the amendments made by title II of the Trade Agreements Act of 1979 (except the amendments made by 93 Stat. 194. section 223(b)) take effect, or 19 u s e 1202. (2) the date of the enactment of this Act, and effective with respect to merchandise exported to the United States on or after such later date, subparts B and C of part 1 of schedule 4 of the Tariff Schedules of the United States, as amended 19 use 1202 by section 223(d) of such title II, are further amended as follows: (A) Subpart B is amended— (i) by striking out the superior heading for item 402.84 and inserting in lieu thereof "Other hydrocarbon derivatives:"; (ii) by amending the article description for item 403.61 to read as follows: "5-Chloro-2-nitroanisole; 6-Chloro-3-nitro-p- dimethoxybenzene; Dimethyl diphenyl ether; 4-Ethylguaia- col; and 2-(a-Hydroxyethoxy)phenol"; (iii) by striking out item 403.76 and inserting in lieu thereof the following: Aldehydes, aldehyde-alcohols, aldehyde-ethers, aldehyde- phenols, and other single or complex oxygen-function al- dehydes; cyclic polymers of aldehydes and paraformal- dehyde: 403.74 Terephthedaldehyde 1.7$ per lb. 7(tperlb. + 11.6% -1-37% ad val. ad val. 403.76 Other.. 1.7<t per lb. 7«t per lb. -1-12.9% -1-41% ad val. ad val.
94 STAT. 2558 PUBLIC LAW 96-490—DEC. 2, 1980 (iv) by amending the article description for item 404.32 to read as follows: "Naphthalic anhydride; Phthalic acid; and 4-Sulfo-l,8-naphthalic anhydride"; (v) by striking out "p-Aminobenzoylaminonaphthalene sulfonic acid;" "Aminophenol, substituted;", "3-(N-Ethylani- lino)propionic acid, methyl ester;", "l-(p-Nitrophenvl)-2- amino-l,3-propanediol;", and "Toluidine carbonate;' in item 404.84: (vi) by amending item 404.92— (I) by striking out "p-Acetaminobenzaldehyde;", (II) by inserting "3-(N-Ethylanilino)propionic acid, methyl ester;" immediately after "4-Dimethylami- nobenzaldehyde;", (III) by inserting "l-(p-Nitrophenyl)-2-amino-l,3-pro- panediol;" immediately after "2-Methyl-p-anisidine [NH2=1];", (IV) by striking out "Nitra acid amide (1-Amino- 9,10-dihydro-N-(3-methoxypropyl)-4-nitro-9, lO-dioxo-2- anthramide); and "; and (V) by inserting "; and Toluidine carbonate" immedi- ately after "\-Phenylalanine"; (vii) by amending item 405.28— (I) by inserting "p-Acetaminobenzaldehyde;" immedi- ately before "p-Acetanisidide;", (II) by inserting "p-Aminobenzoylaminonaphtha- lenesulfonic acid;" immediately after "p-Aminobenzoic acid isooctylamide;", (III) by inserting "2-(m-Hydroxyanilino)acetamide;" immediately after "Grentisamide;", (IV) by striking out "and" after "N-(7-Hydroxy-l- naphthyl)acetamide;", and (V) by inserting "Nitra acid amide (1-amino- 9,10-dihydro-N-(3-methoxypropyl)-4-nitro-9,10-dioxo-2- anthramide); and" immediately before "Phenacetin, techniced"; (viii) by striking out "2-Amino-5-nitrobenzonitrile;" in item 405.56; (ix) by inserting immediately after item 405.84 the follow- ing new item: 405.85 4,4'-Diphenyl-bis-phosphonous acid, di(2',2",4',4'-di-tert-butyl)phenyl ester l.Td; per lb. 7(tperlb. + 12.5% + 40% ad val. ad val. (x) by amending item 406.36— (I) by inserting "3-(5-Amino-3-methyl-l-H-pyrazol-l- yDbenzenesulfonic acid;" immediately after "Aminomethylphenylpyrazole (Phenylmethylamino- pyrazole);", (II) by inserting "4-[[4,6-Bis(octylthio)-l,3,5-triazine-2- yl]amino]-2,6-di-tert-butyl-phenol; immediately after "3-Amino-l-(2,4,6-trichloro-phenyl)-5-pyrazolone;", (III) by inserting "l-(o-Ethylphenyl)-3-methyl-2-pyra- zolin-5-one;" immediately after "6-Ethoxy-2-benzothia- zolethiol;", and (IV) by striking out "4-Chloro-l-methylpiperidine hydrochloride;", "l,4-Dimethyl-6-hydroxy-3-cyanpyri-
PUBLIC LAW 96-490—DEC. 2, 1980 94 STAT. 2559 done-2;", "o-Ethvlpyrazolone;", "Iminopyrazole-3-sul- fonic acid;", and 3-Quinuclidinol;", (xi) by inserting immediately after item 406.72 the follow- ing new item: 406.73 4-Chloro-l-methylpiperidine hydrochloride; 1,4- Diinethyl-6-hydroxy-3-cyanopyridone-2; Di(2,2,6,6-tetramethyl-4- hydroxypiperidine)sebacate; and 3-Quinucli- dinol ; 1.7(t!perlb. 7(|! per lb. + 12.4% + 39.5% ad val. ad val. and (xii) by inserting immediately after item 406.81 the follow- ing new item: 406.82 Dehydrolinalool and Isophytol. 1.7(1: per lb. 7$ per lb. + 12.5% + 40% ad val. ad val. (B) Subpart C is amended— (i) by amending the headnotes to such subpart by striking out headnote 6, and by redesignating headnotes 7 through 13 as headnotes 6 through 12, respectively; (ii) by striking out "2,2-Dimethyl-l,3-benzodioxol-4-yl methylcarbamate (Bendiocarb);" in item 408.21; (iii) by amending item 408,24— (I) by striking out "l,2-Benzisothiazolin-3-one;", (II) by striking out "and" immediately after "(Phosa- lone);", and (III) by inserting "2,2-Dimethyl-l,3-benzodioxol-4-yl methylcarbamate (Bendiocarb); and" immediately below "(Phosalone);"; (iv) by striking out item 408.32 and inserting in lieu thereof the following: Other: 408.31 l,2-Benzisothiazolin-3-one. 1.7(tperlb. 7(( per lb. + 12.8% + 41% ad val. ad val. 408.32 Other. 1.7(t per lb. 7(1: per lb. + 12.5% + 40% ad val. ad val. (v) by striking out item 408.52; (vi) by striking out items 411.36 and 411.40, and the superior heading thereto, and inserting in lieu thereof the following: 411.40 1.7f perlb. 7(t per lb. + 28.9% + 104% ad val. ad val. (vii) by inserting "Ethaverine hydrochloride;" immedi- ately after "Ergonovine maleate;" in item 411,44; (viii) by inserting "Clemastine hydrogen fumarate;" imme- diately before "Diphenhydramine in item 411,52; and (ix) by striking out the article description for item 413.50 and inserting in lieu thereof "Paints and enamel paints, and stains". (h) SPECIAL AMENDMENTS.—The President may proclaim the follow- ing amendments to subpart B of part 1 of schedule 4 of such schedules, to be effective not sooner than the date on which the 19 use 1202. amendments made by subsection (a) take effect: (1) In numerical sequence insert the following: 79-194 O—81—pt. 2 81: QL3
94 STAT. 2560 PUBLIC LAW 96-490—DEC. 2, 1980 406.83 Dimethylsuccinoyl succinate. 1.70 per lb. Temper lb. + 12.5% + 40% adval. adval. (2) Strike out item 407.15 and insert the following: other: 407.14 Mixtures of 1,3,6-Naphthalenetrisulfonic acid and 1,3,7-Naphthalenetrisulfonic acid 1.70 per lb. 70 per lb. +12.5% + 40% adval. adval. 407.16 Other. 1.70 per lb. 70 per lb. +13.6% + 43.5% adval., adval.. but not but not less than less than the the highest highest rate rate applica- applica- ble to ble to any any compo- compo- nent nent material. material. (c) STAGING.—^The rates of duty in column numbered 1 for items 403.74,406.73, and 408.31 (as added by subsection (a)) shall be subject to any staged rate reductions proclaimed by the President for items 404.32,406.36, and 408.24, respectively. Approved December 2, 1980. LEGISLATIVE HISTORY: HOUSE REPORT No. 96-1346 (Comm. on Ways and Means). CONGRESSIONAL RECORD, Vol. 126 (1980): Nov. 14, considered and passed House. Nov. 17, considered and passed Senate.