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Title 19 — Customs DutiesRelease 119-73

§3004 Enactment of Harmonized Tariff Schedule

Title 19 › Chapter CHAPTER 18— - IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE › § 3004

Last updated Apr 6, 2026|Official source

Summary

After August 23, 1988, the President must update the Harmonized Tariff Schedule (HTS) as soon as practical. The updates must follow the conversion standards in Publication No. 2030 and Supplement No. 1 and make any changes needed to put into effect future tariff cuts authorized by Congress in the Trade Act of 1974 and the Trade Agreements Act of 1979 (to reflect the Tokyo Round) and the United States‑Israel Free Trade Area Implementation Act of 1985. The President must also change the HTS to reflect new laws, executive actions, final court decisions, and any technical fixes. The President must act to make U.S. trade agreements match the HTS. The HTS as enacted, any statutory amendments to it, and any changes the President makes under law are treated as law. Making the HTS or later amendments does not limit the President’s power to change import treatment, to carry out or alter trade agreements, or to change duty rates or other import restrictions when the President has authority to do so. If the President sets a higher rate in column 1 than the existing column 2 rate, he may raise the column 2 rate to match. If the President suspends or ends a rate and does not name a new rate, the last rate that applied before the suspension or end becomes the effective rate. The statute also lists presidential proclamations, agency public notices, and agency findings or orders.

Full Legal Text

Title 19, §3004

Customs Duties — Source: USLM XML via OLRC

(a)
(b)At the earliest practicable date after August 23, 1988, the President shall—
(1)proclaim such modifications to the Harmonized Tariff Schedule as are consistent with the standards applied in converting the old Schedules into the format of the Convention, as reflected in such Publication No. 2030 and Supplement No. 1.11 So in original. thereto, and as are necessary or appropriate to implement—
(A)the future outstanding staged rate reductions authorized by the Congress in—
(i)the Trade Act of 1974 (19 U.S.C. 2101 et seq.) and the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) to reflect the tariff reductions that resulted from the Tokyo Round of multilateral trade negotiations, and
(ii)the United States-Israel Free Trade Area Implementation Act of 1985 [19 U.S.C. 2112 note] to reflect the tariff reduction resulting from the United States-Israel Free Trade Area Agreement,
(B)the applicable provisions of—
(i)statutes enacted,
(ii)executive actions taken, and
(iii)final judicial decisions rendered,
(C)such technical rectifications as the President considers necessary; and
(2)take such action as the President considers necessary to bring trade agreements to which the United States is a party into conformity with the Harmonized Tariff Schedule.
(c)(1)The following shall be considered to be statutory provisions of law for all purposes:
(A)The provisions of the Harmonized Tariff Schedule as enacted by this chapter.
(B)Each statutory amendment to the Harmonized Tariff Schedule.
(C)Each modification or change made to the Harmonized Tariff Schedule by the President under authority of law (including section 604 of the Trade Act of 1974 [19 U.S.C. 2483]).
(2)Neither the enactment of this chapter nor the subsequent enactment of any amendment to the Harmonized Tariff Schedule, unless such subsequent enactment otherwise provides, may be construed as limiting the authority of the President—
(A)to effect the import treatment necessary or appropriate to carry out, modify, withdraw, suspend, or terminate, in whole or in part, trade agreements; or
(B)to take such other actions through the modification, continuance, or imposition of any rate of duty or other import restriction as may be necessary or appropriate under the authority of the President.
(3)If a rate of duty established in column 1 by the President by proclamation or Executive order is higher than the existing rate of duty in column 2, the President may by proclamation or Executive order increase such existing rate to the higher rate.
(4)If a rate of duty is suspended or terminated by the President by proclamation or Executive order and the proclamation or Executive order does not specify the rate that is to apply in lieu of the suspended or terminated rate, the last rate of duty that applied prior to the suspended or terminated rate shall be the efffective 22 So in original. Probably should be “effective”. rate of duty.
(d)Each—
(1)proclamation issued by the President;
(2)public notice issued by the Commission or other Federal agency; and
(3)finding, determination, order, recommendation, or other decision made by the Commission or other Federal agency;

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Harmonized Tariff Schedule, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. The Trade Act of 1974, referred to in subsec. (b)(1)(A)(i), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see

References in Text

note set out under section 2101 of this title and Tables. The Trade Agreements Act of 1979, referred to in subsec. (b)(1)(A)(i), is Pub. L. 96–39, July 26, 1979, 93 Stat. 144. For complete classification of this Act to the Code, see

References in Text

note set out under section 2501 of this title and Tables. The United States-Israel Free Trade Area Implementation Act of 1985, referred to in subsec. (b)(1)(A)(ii), is Pub. L. 99–47, June 11, 1985, 99 Stat. 82, which amended section 2112, 2462 to 2464, and 2518 of this title, and enacted and amended provisions set out as notes under section 2112 of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2112 of this title and Tables. This chapter, referred to in subsec. (c)(1)(A), (2), was in the original “this subtitle”, meaning subtitle B (§§ 1201 to 1217) of title I of Pub. L. 100–418, which is classified principally to this chapter. For complete classification of this subtitle to the Code, see

References in Text

note set out under section 3001 of this title and Tables. Codification Section is comprised of section 1204 of Pub. L. 100–418. Subsec. (a) of section 1204 of Pub. L. 100–418 amended title I of the Tariff Act of 1930, act June 17, 1930, ch. 497, title I, 46 Stat. 590. See note set out preceding section 1202 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Subsecs. (b) and (d) effective Aug. 23, 1988, and subsec. (c) effective Jan. 1, 1989, see section 1217(a), (b)(2) of Pub. L. 100–418, set out as a note under section 3001 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 3004

Title 19 — Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73