PUBLIC LAW 97-446-JAN. 12, 1983 SEC. 154. 1-YEAR EXTENSION OF THE INTERNATIONAL COFFEE AGREE- Section 2 of the International Coffee Agreement Act of 1980 (19 U.S.C. 1356k) is amended by striking out "the expiration of this joint resolution" and inserting in lieu thereof "October 1, 1983". SEC. 155. UPLAND COTTON. Section 103(f)(3) of the Agricultural Act of 1949 (7 U.S.C. 1444(f)(3)) shall be effective for the 1982 through 1985 crops of upland cotton amended to read as follows: "(3) Notwithstanding any other provision of law, any upland cotton described in items 955.01 through 955.03 of the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) imported into the United States during the period of time when a special quota established under this subsection is in effect shall be deemed to be an import under such special quota until the special quota is filled and any such cotton shall be free of duty.". SEC. 156. EFFECTIVE DATES. (a) IN GENERAL.-Except as provided in subsection (b) and sections 109, 115, and 133, the amendments made by this subtitle shall apply to articles entered on or after the 15th day after the date of the enactment of this Act. (b) RETROACTIVE APPLICATION. (1) IN GENERAL.-Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon proper request filed with the customs officer concerned on or before the 90th day after the date of the enactment of this Act, the application of the amendments made by this Act to the entry of any article described in paragraph (2) shall be treated as provided in such paragraph. (2) APPLICABLE SECTIONS.-In the case of the application of the amendment made by section 102, 107, 108, 119, 121, 125, 131, 137, 139, 140, 142, or 144 to any entry (A) which was made after the applicable date and before the 15th day after the date of the enactment of this Act; and (B) with respect which there would have been do duty or a lesser duty if the amendment made by such section applied to such entry; such entry shall be liquidated or reliquidated as though such entry had been made on the 15th day after the date of the enactment of this Act. (3) APPLICABLE DATE.-For purposes of paragraph (2), the term "applicable date" means (A) in the case of section 139, June 30, 1980; (C) in the case of sections 107, 119, 121, 125, and 140, June 30, 1981; (D) in the case of section 108, December 31, 1981; (E) in the case of sections 131, 137, and 144, June 30, 1982; and (F) in the case of section 142, September 30, 1982. (c) DEFINITIONS.-For purposes of this subtitle (1) the term "entered" means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States; and 96 STAT. 2345 Ante, p. 1204. 19 USC 1514. PUBLIC LAW 97-446-JAN. 12, 1983 (2) the term "entry" includes any withdrawal from warehouse for consumption. SUBTITLE B-IMPLEMENTATION OF NAIROBI PROTOCOL SEC. 161. SHORT TITLE, ETC. (a) SHORT TITLE.-This subtitle may be cited as the "Educational, Scientific, and Cultural Materials Importation Act of 1982". (b) PURPOSE.-The purpose of this subtitle is to enable the United States to give effect to the Nairobi Protocol to the Florence Agreement on the Importation of Educational, Scientific, and Cultural Materials (opened for signature on March 1, 1977) with a view to contributing to the cause of peace through freer exchange of ideas and knowledge across national boundaries. SEC. 162. BOOKS, PUBLICATIONS, AND DOCUMENTS. Part 5 of schedule 2 is amended (1) by inserting, in numerical sequence, the following new item: 270.90 Catalogs of films, recordings or Free Free (2) by striking out items 273.45 through 273.55, and the superior heading thereto, and inserting in lieu thereof the following: (3) by inserting immediately below the phrase "Printed not over 20 years at time of importation:" and above (and at the same hierarchical level as) "Lithographs on paper:" the following new item: 274.55 Loose illustrations, reproduction Free Free SEC. 163. VISUAL AND AUDITORY MATERIALS. (a) PHOTOGRAPHIC FILM.-Part 5 of schedule 2 is amended (1) by inserting the phrase “(including developed photographic film; photographic slides; transparencies; holograms for laser projection; and microfilm, microfiche, and similar articles)" immediately after "Photographs" in the superior heading to items 274.50 through 274.70, and 274.67 (2) by adding, in numerical sequence, the following new item: Free Free (b) MOTION PICTURE FILMS.-Subpart G of part 2 of schedule 7 is amended (1) by striking out "724.05 and 724.10" in headnote 1 and inserting in lieu thereof "724.07 and 724.22”, " PUBLIC LAW 97-446-JAN. 12, 1983 (2) by striking out headnote 2, (3) by striking out items 724.05 and 724.10, and the superior heading thereto, and inserting in lieu thereof the following: 724.07 Motion-picture films in any form on which pictures, or sound and Free Free (4) by striking out items 724.15 through 724.40 and inserting in lieu thereof the following new item: 724.22 and Sound recordings, combination for in the foregoing provisions of Free Free (5) by striking out the rates of duty appearing in rate columns 1, LDDC, and 2 for item 724.12 and inserting "Free" in rate columns numbered 1 and 2. (c) PATTERNS, MODELS, ETC.-Part 7 of schedule 8 is amended(1) by striking out headnote 1 and redesignating headnote 2 as headnote 1, (2) by striking out item 870.30, and (3) by inserting, in numerical sequence, the following new item: SEC. 164. TOOLS FOR SCIENTIFIC INSTRUMENTS OR APPARATUS. Part 4 of schedule 8 is amended by adding in numerical sequence, the following new item: 96 STAT. 2347 19 USC 1202 note. 40 851.67 Tools specially designed to be used for the mainte- Free Free SEC. 165. ARTICLES FOR THE BLIND OR OTHER HANDICAPPED PERSONS. (a) ELIMINATION OF DUTY.-Subpart D of part 2 of schedule 8 is amended by striking out items 825.00, 826.10, and 826.20. (b) SPECIALLY DESIGNED ARTICLES.-Part 7 of schedule 8 is amended (1) by inserting, in numerical sequence, the following new items: Articles specially designed or adapted for the use or (2) by adding the following new headnote: "2. For the purposes of items 870.50, 870.55, and 870.60— 96 STAT. 2348 "Physically or mentally handicapped persons. PUBLIC LAW 97-446-JAN. 12, 1983 "(a) The term 'physically or mentally handicapped persons' includes any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. "(b) These items do not cover— “(i) articles for acute or transient disability; “(ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; “(iii) therapeutic and diagnostic articles; or (c) STATISTICAL INFORMATION.-The Secretary of the Treasury, in conjunction with the Secretary of Commerce, shall take such actions as are necessary to obtain adequate statistical information with respect to articles to which the amendments made by this section apply. SEC. 166. AUTHORITY TO LIMIT CERTAIN DUTY-FREE TREATMENT (a) AUTHORITY TO LIMIT. (1) IN GENERAL.-In addition to any authority under section 201 of the Trade Act of 1974 (19 U.S.C. 2251), the President may proclaim changes in the Tariff Schedules of the United States (19 U.S.C. 1202) to narrow the scope of, or place conditions upon, the duty-free treatment accorded under section 164, section 165, or section 167(b) (insofar as section 167(b) relates to temporary duty-free treatment of articles covered by sections 164 and 165) with respect to any type of article the duty-free treatment of which (A) has significant adverse impact on a domestic industry (or portion thereof) manufacturing or producing a like or directly competitive article, and (B) is not provided for in the Florence Agreement or the Nairobi Protocol. (2) RATES WHICH ARE TO TAKE EFFECT IF DUTY-FREE TREATMENT ELIMINATED.—If the President eliminates any duty-free treatment under paragraph (1), the rate of duty thereafter applicable to any article which is (A) affected by such action, and (B) imported from any source, shall be the rate proclaimed by the President as the rate applicable to such article from such source (determined without regard to this subtitle). (b) RESTORATION OF TREATMENT.-If the President determines that any duty-free treatment which is no longer in effect because of action taken under subsection (a) could be restored in whole or in part without a resumption of significant adverse impact on a domestic industry or portion thereof, the President may proclaim changes to the Appendix to the Tariff Schedules of the United States to resume such duty-free treatment. (c) OPPORTUNITY TO PRESENT VIEWS.-Before taking an action authorized by subsection (a) or (b), the President shall afford an opportunity for interested Government agencies and private persons to present their views concerning the proposed action. PUBLIC LAW 97-446-JAN. 12, 1983 SEC. 167. EFFECTIVE DATE; TEMPORARY DUTY-FREE TREATMENT. (a) IN GENERAL.-The amendments made by sections 162, 163, 164, and 165 shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date which the President proclaims as the date on which he ratifies the Nairobi Protocol to the Florence Agreement on the Importation of Educational, Scientific, and Cultural Materials. (b) TEMPORARY DUTY-FREE TREATMENT. (1) ARTICLES FOR THE BLIND OR OTHER HANDICAPPED PERSONS.Subject to the provisions of paragraph (3) and section 166, the President shall proclaim changes to the Appendix to the Tariff Schedules of the United States (19 U.S.C. 1202) to implement the provisions of section 165 with respect to articles entered, or withdrawn from warehouse for consumption, during the two and one-half-year period beginning on the thirtieth day following the date of the enactment of this subtitle. (2) OTHER ARTICLES.-Subject to the provisions of paragraph (3) and section 166, the President, if he deems such action to be in the interest of the United States, may proclaim further changes to the Appendix to the Tariff Schedules of the United States to implement any provision of section 162, 163, or 164 with respect to articles entered, or withdrawn from warehouse for consumption, during any period beginning on or after the thirtieth day following the date of the enactment of this subtitle and ending not later than two and one-half years after such beginning date. (3) TIME PROVISIONS CEASE TO HAVE EFFECT.—If any temporary duty-free treatment accorded under paragraph (1) or (2) has not yet expired, such treatment shall cease to be effective on and after the date proclaimed by the President pursuant to subsection (a). TITLE II-MISCELLANEOUS CUSTOMS PROVISIONS SEC. 201. INTERNATIONAL TRANSMISSION OF BUSINESS DOCUMENTS; (a) General headnote 5 is amended (1) by striking out "and" at the end of subdivision (d); (2) by redesignating subdivision (e) as subdivision (f); and (3) by adding immediately after subdivision (d) the following: "(e) records, diagrams, and other data with regard to any business, engineering, or exploration operation whether on paper, cards, photographs, blueprints, tapes, or other media; and". (b) Item 870.10 is repealed. (c) Section 483 of the Tariff Act of 1930 (19 U.S.C. 1483) is repealed. (d) Section 484 of the Tariff Act of 1930 (19 U.S.C. 1484) is amended (1) by amending subsection (a)— (A) by amending that part of paragraph (1) thereof which precedes subparagraph (A) to read as follows: "Except as provided in sections 490, 498, 552, 553, and 336(j) of this Act and in subsections (h) and (i) of this section, one of the parties qualifying as 'importer of record' under paragraph (2)(C) of this subsection, either in person or by an agent authorized by him in writing-", 96 STAT. 2349 19 USC 1202 note. Repeals. 19 USC 1490, 1498, 1552, 1553, 1336. |