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the allowable time limits or if proceedings are postponed pending the consideration of constitutional issues.

(d) Upon motion of the United States, a court shall stay such civil forfeiture proceedings commenced under this section pending the completion of any related criminal matter.

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SEC. 312. BONDED SMELTING AND REFINING WAREHOUSES.

(a)

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(f) For purposes of this section

(1) the term “metal-bearing materials” means metal-bearing ores and other metal-bearing materials provided for in [schedule 6, part 1, of the Tariff Schedule of the United States,] chapter 26 of the Harmonized Tariff Schedule of the United States, ["]metal waste and scrapC”] and [^]unwrought metal[\] to be smelted or refined provided for in [schedule 6, part 2, of such schedules,] chapters 71 through 83 of the Harmonized Tariff Schedule of the United States, and metal compounds to be processed for the recovery of their metal content;

(2) the term "smelting or refining" embraces only pyrometallurgical, hydrometallurgical, electrometallurgical, chemical, or other processes

(A) for the treatment of metal-bearing materials to reduce the metal content thereof to a metallic state in the course of recovering it in forms which if imported would be classifiable in (part 2 of schedule 6] chapters 71 through 83 of the Harmonized Tariff Schedule of the United States as ["] unwrought metal ["], or in the form of oxides or other compounds which are obtained directly from the treatment of materials provided for in [part 1 of schedule 6] chapter 26 of the Harmonized Tariff Schedule of the United States, and

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(3) the term "product of smelting or refining” means metals or metal-bearing materials resulting directly from smelting or refining processes, but does not include metal-bearing ores (as defined in part 1 of schedule 6] of chapter 26 of the Harmonized Tariff Schedule of the United States.

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(d) No administrative ruling resulting in the imposition of a higher rate of duty or charge than the Secretary of the Treasury shall find to have been applicable to imported merchandise under an established and uniform practice shall be effective with respect to articles entered for consumption or withdrawn from warehouse for consumption prior to the expiration of thirty days after the date of publication in the Federal Register of notice of such ruling; but this provision shall not apply with respect to the imposition of anti-dumping duties or the imposition of countervailing duties under section 1303 of this title. This subsection shall not apply with respect to increases in rates of duty resulting from the enactment of the Harmonized Tariff Schedule of the United States to replace the Tariff Schedules of the United States.

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(2) admit articles free of duty and of any tax imposed on or by reason of importation, but the aggregate fair retail value in the country of shipment of articles imported by one person on one day and exempted from the payment of duty shall not exceed

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(B) $25 in the case of articles accompanying, and for the personal or household use of, persons arriving in the United States who are not entitled to any exemption from duty under [item 812.25 or 813.31] subheading 9804.00.30 or 9804.00.70 of section 1202 of this title, or

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(c) CHAIRMAN AND VICE CHAIRMAN; QUORUM.-(1)

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(3)(A) The President may not designate as the chairman of the Commission for any term

(i) either of the two Commissioners [most recently appointed to] with the shortest period of service on the Commission as of the beginning date of the term of office for which the designation of chairman is to be made; or

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(d) EFFECT OF DIVIDED VOTE IN CERTAIN CASES.—(1) In a proceeding in which the Commission is required to determine

(A) under section [201] 202 of the Trade Act of 1974, whether increased imports of an article are a substantial cause of serious injury, or the threat thereof, as described in subsection (b)(1) of that section (hereafter in this subsection referred to as "serious injury'), or

(B) under section 406 of such Act, whether market disruption

exists, and the Commissioners voting are equally divided with respect to such determination, then the determination agreed upon by either group of Commissioners

may be considered by the President as the determination of the Commission.

(2) If under section (201) 202(6) or 406 of the Trade Act of 1974 there is an affirmative determination of the Commission, or a determination of the Commission which the President may consider

an affirmative determination under paragraph (1), that serious injury or market disruption exists, respectively, and a majority of the commissioners voting are unable to agree on a finding or recommendation described in section (201(d)(1)] 202(e)(1) of such Act or the finding described in section 406(a)(3) of such Act, as the case may be (hereafter in this subsection referred to as a “remedy finding"), then

(A) if a plurality of not less than three Commissioners so voting agree on a remedy finding, such remedy finding shall, for purposes of [sections 202 and 203] section 203 of such Act, be treated as the remedy finding of the Commission, or

(B) if two groups, both of which include not less than 3 Commissioners, each agree upon a remedy finding and the President reports under section [203(b)] 204(a) of such Act that,

(i) he is taking the action agreed upon by one such group, then the remedy finding agreed upon by the other group shall, for purposes of [sections 202 and 203] section 203 of such Act, be treated as the remedy finding of the Commission, or

(ii) he is taking action which differs from the action agreed upon by both such groups, or that he will not take any action, then the remedy finding agreed upon by either such group may be considered by the Congress as the remedy finding of the Commission and shall, for purposes of [sections 202 and 203] section 203 of such Act, be treated as the remedy finding of the Commission.

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(4) In a case to which paragraph (2)(B)(ii) applies, for purposes of section (203(c)(1)] 203(a) of the Trade Act of 1974, notwithstanding section 152(a)(1)(A) of such Act, the second blank space in the concurrent resolution described in such section 152 shall be filled with the appropriate date and the following: “The action which shall take effect under section 203(c)(1) of the Trade Act of 1974 is the finding or recommendation agreed upon by Commissioners

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." The three blank spaces shall be filled with the names of the appropriate Commissioners.

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(f) The Commission shall be considered to be an independent regulatory agency for purposes of chapter 35 of title 44, United States Code.

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(g) REPORTS TO PRESIDENT AND CONGRESS.—The Commission shall put at the disposal of the President of the United States, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, whenever requested, all information at its command, and shall make such investigations and reports as may be requested by the President or by either of anti-dumping duties or the imposition of countervailing duties under section 1303 of this title. This subsection shall not apply with respect to increases in rates of duty resulting from the enactment of the Harmonized Tariff Schedule of the United States to replace the Tariff Schedules of the United States.

SEC. 321. ADMINISTRATIVE EXEMPTIONS.

(a)

(2) admit articles free of duty and of any tax imposed on or by reason of importation, but the aggregate fair retail value in the country of shipment of articles imported by one person on one day and exempted from the payment of duty shall not exceed

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(B) $25 in the case of articles accompanying, and for the personal or household use of, persons arriving in the United States who are not entitled to any exemption from duty under [item 812.25 or 813.31] subheading 9804.00.30 or 9804.00.70 of section 1202 of this title, or

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(c) CHAIRMAN AND VICE CHAIRMAN; QUORUM.-(1) ***

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(3)(A) The President may not designate as the chairman of the Commission for any term

(i) either of the two Commissioners (most recently appointed to] with the shortest period of service on the Commission as of the beginning date of the term of office for which the designation of chairman is to be made; or

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(d) EFFECT OF DIVIDED VOTE IN CERTAIN CASES.—(1) In a proceeding in which the Commission is required to determine

(A) under section (201) 202 of the Trade Act of 1974, whether increased imports of an article are a substantial cause of serious injury, or the threat thereof, as described in subsection (b)(1) of that section (hereafter in this subsection referred to as 'serious injury'), or

(B) under section 406 of such Act, whether market disruption

exists, and the Commissioners voting are equally divided with respect to such determination, then the determination agreed upon by either group of Commissioners may be considered by the President as the determination of the Commission.

(2) If under section [201] 202(6) or 406 of the Trade Act of 1974 there is an affirmative determination of the Commission, or a determination of the Commission which the President may consider

an affirmative determination under paragraph (1), that serious injury or market disruption exists, respectively, and a majority of the commissioners voting are unable to agree on a finding or recommendation described in section (2010)(1)] 202(e)(1) of such Act or the finding described in section 406(a)(3) of such Act, as the case may be (hereafter in this subsection referred to as a "remedy finding"), then

(A) if a plurality of not less than three Commissioners so voting agree on a remedy finding, such remedy finding shall, for purposes of [sections 202 and 203] section 203 of such Act, be treated as the remedy finding of the Commission, or

(B) if two groups, both of which include not less than 3 Commissioners, each agree upon a remedy finding and the President reports under section (203(b)] 204(a) of such Act that

(i) he is taking the action agreed upon by one such group, then the remedy finding agreed upon by the other group shall, for purposes of [sections 202 and 203] section 203 of such Act, be treated as the remedy finding of the Commission, or

(ii) he is taking action which differs from the action agreed upon by both such groups, or that he will not take any action, then the remedy finding agreed upon by either such group may be considered by the Congress as the remedy finding of the Commission and shall, for purposes of [sections 202 and 203] section 203 of such Act, be treated as the remedy finding of the Commission.

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(4) In a case to which paragraph (2)(B)(ii) applies, for purposes of section (203(c)(1)] 203(a) of the Trade Act of 1974, notwithstanding section 152(a)(1)(A) of such Act, the second blank space in the concurrent resolution described in such section 152 shall be filled with the appropriate date and the following: "The action which shall take effect under section 203(c)(1) of the Trade Act of 1974 is the finding or recommendation agreed upon by Commissioners

." The three blank spaces shall be filled with the names of the appropriate Commissioners.

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(f) The Commission shall be considered to be an independent regulatory agency for purposes of chapter 35 of title 44, United States Code.

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(g) REPORTS TO PRESIDENT AND CONGRESS.—The Commission shall put at the disposal of the President of the United States, the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, whenever requested, all information at its command, and shall make such investigations and reports as may be requested by the President or by either of

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