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870.30

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870.32

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870.33

Developed photographic film, including motion Free...

picture film on which pictures or sound and
pictures have been recorded; photographic
slides; transparencies; sound recordings; record-
ed video-tape; models (except toy models);
charts; maps; globes; and posters; all of the
foregoing which are determined to be visual or
auditory materials in accordance with headnote

1(a) of this part.
Articles determined to be visual or auditory mate-
rials in accordance with headnote 1 of this part:
Holograms for Laser projection; microfilm, Free.

microfiches, and similar articles.
Motion-picture films in any form on which Free...

pictures or sound and pictures, have been

recorded, whether or not developed.
Sound recording, combination sound and Free...

visual recordings, and magnetic recordings;

video discs, video tapes, and similar articles.
Pattens and wall charts; globs; mock-ups of Free.

visualizations of abstract concepts such as
molecular structures or mathematical for-
mulae, materials for programmed instruc-
tion; and kits continuing printed materials
and audio materials and visual materials
or any combination of two or more of the
foregoing

Free

870.34

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870.35

Free

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ACT OF JULY 2, 1940

[To limit the importation of products made, produced, processed, or mined under process covered by unexpired valid United States patents, and for other purposes

[Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the importation hereafter for use, sale, or exchange of a product made, produced, processed, or mined under or by means of a process covered by the claims of any unexpired valid United States letters patent, whether issued heretofore or hereafter, shall have the same status for the purposes of section 337 of the Tariff Act of 1930 as the importation of any product or article covered by the claims of any unexpired valid United States letters patent.]

AUTOMOTIVE PRODUCTS TRADE ACT OF 1965

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SEC. 201. (a) The President is authorized to proclaim the modifications of the [Tariff Schedules of the United States] Harmonized Tariff Schedule of the United States provided for in title IV of this Act.

(b) At any time after the issuance of the proclamation authorized by subsection (a), the President is authorized to proclaim further modifications of the [Tariff Schedules of the United States] Harmonized Tariff Schedule of the United States to provide for the duty-free treatment of any Canadian article which is original motor-vehicle equipment (as defined by such Schedules as modified pursuant to subsection (a)) if he determines that the importation of such article, is actually or potentially of commercial significance and that such duty-free treatment is required to carry out the Agreement.

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(C) The term (“TSUS” means Tariff Schedules of the United States) "HTSmeans Harmonized Tariff Schedule of the United States (19 U.S.C. 1202).

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[(e) The President shall, after complying with the requirements of subsection (a)(2), withdraw or suspend the designation of any country as a beneficiary country if, after such designation, he determines that as the result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (b).)

(e)(1) The President may, after the requirements of subsection (a)(2) and paragraph (2) have been met

(A) withdraw or suspend the designation of any country as a beneficiary country, or

(B) withdraw, suspend, or limit the application of duty-free

treatment under this subtitle to any article of any country, if, after such designation, the President determines that as a result of changed circumstances such country would be barred from designation as a beneficiary country under subsection (6).

(2)(A) The President shall publish in the Federal Register notice of the action the President proposes to take under paragraph (1) at least 30 days prior to taking such action.

(B) The United States Trade Representative shall, within the 30day period beginning on the date on which the President publishes under subparagraph (A) notice of proposed action

(i) accept written comments from the public regarding such proposed action,

(ii) hold a public hearing on such proposed action, and
(iii) publish in the Federal Register-

(I) notice of the time and place of such hearing prior to the hearing, and

(II) the time and place at which such written comments will be accepted.

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(b) ARTICLES TO WHICH DUTY-FREE TREATMENT DOES Not APPLY.-The duty-free treatment provided under this chapter shall not apply to

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(4) petroleum, or any product derived from petroleum, provided for in [part 10 of schedule 4 of the TSUS] headings 2709 and 2710

of the Harmonized Tariff Schedule of the United States; or

(5) watches and watch parts (including cases, bracelets and straps), of whatever type including, but not limited to, mechanical, quartz digital or quartz analog, if such watches or watch parts contain any material which is the product of any country with respect to which [TSUS] HTS column 2 rates of duty apply.

(c) SUGAR AND BEEF PRODUCTS; STABLE FOOD PRODUCTION PLAN; SUSPENSION OF DUTY-FREE TREATMENT; MONITORING.-(1) As used in this subsection

(A) The term “sugar and beef products” means

(i) sugars, sirups, and molasses provided for in [items 155.20 and 155.30 of the TSUS] subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of the United States, and

(ii) articles of beef or veal, however provided for in [subpart B of part 2 of schedule 1 of the TSUS] chapters 2 and 16 of the Harmonized Tariff Schedule of the United States.

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(d) PRICE-SUPPORT PROGRAM PROTECTION.–For such period as there is in effect a proclamation issued by the President pursuant to the authority vested in him by section 624 of Title 7 to protect a price-support program for sugar beets and sugar cane, the importation and duty-free treatment of sugars, sirups, and molasses classified under Čitems 155.20 and 155.30 of the TSUS] subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule of the United States shall be governed in the following manner:

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(e) PROCLAMATIONS SUSPENDING DUTY-FREE TREATMENT.-(1) The President may by proclamation suspend the duty-free treatment provided by this chapter with respect to any eligible article and may proclaim a duty rate for such article if such action is [proclaimed pursuant to section 203] provided under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C.A. § 2253] or section 232 of the Trade Expansion Act of 1962 [19 U.S.C.A. § 1862).

(2) In any report by the International Trade Commission to the President under section (201(d)(1)] 202(f) of the Trade Act of 1974 [19 U.S.C.A. $ 2251(d)(1) of this title] regarding any article for which duty-free treatment has been proclaimed by the President pursuant to this chapter, the Commission shall state whether and to what extent its findings and recommendations apply to such article when imported from beneficiary countries.

(3) For purposes of subsections [(a) and (c) of section 203] section 203 of the Trade Act of 1974, [19 U.S.C.A. § 2253 (a) and (c)], the suspension of the duty-free treatment provided by this title shall be treated as an increase in duty.

(4) No proclamation which provides solely for a suspension referred to in paragraph (3) of this subsection with respect to any article shall be [made under subsections (a) and (c) of sec on 203] taken under section 203 of the Trade Act of 1974 [19 U.S.C.A. § 2253] unless the United States International Trade Commission, in addition to making an affirmative determination with respect to such article under section (201(b)] 202(b) of the Trade Act of 1974 [19 U.S.C.A. § 2251(b)] determines in the course of its investigation under [section 201(b) of such Act] such section [19 U.S.C.A. § 2251(b)] that the serious injury (or threat thereof) substantially caused by imports to the domestic industry producing a like or directly competitive article results from the duty-free treatment provided by this chapter.

(5)(A) Any [proclamation issued pursuant to section 203] action taken under section 203 of the Trade Act of 1974 [19 U.S.C.A. § 2253] that is in effect when duty-free treatment pursuant to section 2701 of this title is proclaimed shall remain in effect until modified or terminated.

(B) If any article is subject [to import relief] to any such action at the time duty-free treatment is proclaimed pursuant to section 2701 of this title the President may reduce or terminate the application of (such import relief] such action to the importation of such article from beneficiary countries prior to the otherwise scheduled date on which such reduction or termination would occur pursuant to the criteria and procedures of [subsections (h) and (i) of section 203] section 203 of the Trade Act of 1974 [19 U.S.C.A. § 2253]. (f) PETITIONS TO INTERNATIONAL TRADE COMMISSION.

(1)

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(4) The emergency action provided by paragraph (3) of this subsection shall cease to apply

(A) upon the [proclamation of import relief pursuant to section 202(a)(1)] taking action under section 203 of the Trade Act of 1974 [19 U.S.C.A. $ 2252(a)(1)],

[(B) on the day the President makes a determination pursuant to section 203(b)(2) of such Act [19 U.S.C.A. $ 2253(b)(2)] not to impose import relief,]

(B) on the day a determination by the President not to take action under section 203 of such Act not to take action becomes final,

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(5) For purposes of this subsection, the term "perishable product" means

[(A) live plants provided for in subpart A of part 6 of schedule 1 of the TSUS;]

(A) live plants and fresh cut flowers provided for in chapter 6 of the HTS;

(B) fresh or chilled vegetables provided for in [items 135.10 through 138.46 of the TSUS] headings 0701 through 0709 (except subheading 0709.52.00) and heading 0714 of the HTS;

[(C) fresh mushrooms provided for in item 144.10 of the TSUS;)

[(D)] (C) fresh fruit provided for in [items 146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03 through 147.33, 147.50 through 149.21 and 149.50 of the TSUS] subheadings 0804.20 through 0810.90 (except citrons of subheading 0805.90.00, tamarinds and kiwi fruit of subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops and sweetsops of subheading 0810.90.40) of the HTS; and

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