19 U.S.C. § 3006: Presidential action on…

Summary

The President can change the Harmonized Tariff Schedule based on recommendations from the Commission (see section 3005) if the President finds the change follows U.S. obligations under the Convention and does not go against the United States’ national economic interest. Before making a change, the President must send a report to the House Ways and Means Committee and the Senate Finance Committee describing the proposed change and why. The President can only act after a 60-day waiting period that starts on the day the report is sent. When counting those 60 days, skip days when either House is not in session because of an adjournment longer than 3 days or an adjournment sine die, and skip Saturdays and Sundays (unless already skipped) when either House is not in session. Any change announced by the President cannot take effect until the 30th day after the proclamation text is published in the Federal Register.

Title 19, §3006

Customs Duties, Source: USLM XML via OLRC

(a)In general

The President may proclaim modifications, based on the recommendations by the Commission under section 3005 of this title, to the Harmonized Tariff Schedule if the President determines that the modifications—

(1)are in conformity with United States obligations under the Convention; and

(2)do not run counter to the national economic interest of the United States.

(b)Lay-over period

(1)The President may proclaim a modification under subsection (a) only after the expiration of the 60-day period beginning on the date on which the President submits a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth the proposed modification and the reasons therefor.

(2)The 60-day period referred to in paragraph (1) shall be computed by excluding—

(A)the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die; and

(B)any Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session.

(c)Effective date of modifications

Modifications proclaimed by the President under subsection (a) may not take effect before the 30th day after the date on which the text of the proclamation is published in the Federal Register.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Harmonized Tariff Schedule, referred to in subsec. (a), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Amendments

2006—Subsec. (c). Pub. L. 109–432 substituted “30th” for “15th”.

Executive Documents

Delegation of Authority Memorandum of President of the United States, Dec. 12, 1991, 56 F.R. 65413, provided: Memorandum for the United States Trade Representative By virtue of the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code and the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418) (“the Act”) [see Tables for classification], you are hereby delegated the functions vested in me by section 1206(b) of the Act (19 U.S.C. 3006(b)), to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate reports that set forth proposed modifications to the Harmonized Tariff Schedule [see 19 U.S.C. 1202] and the reasons therefor. The President shall retain the authority under section 1206 of the Act to proclaim modifications to the Harmonized Tariff Schedule after the layover period specified in section 1206(b) has expired. You are authorized and directed to publish this memorandum in the Federal Register. George Bush.

§3006 Presidential Action on Commission Recommendations