§3011 Transition to Harmonized Tariff Schedule

Summary

Federal officials must update any proclamations, regulations, rulings, notices, findings, determinations, orders, recommendations, or other written actions that were in effect the day before January 1, 1989 and that refer to the old tariff classification. They must change them so they match the Harmonized Tariff Schedule as much as possible. If the old Schedules were repealed or an official did not make the changes, that does not cancel or weaken the original actions. The United States Trade Representative’s December 8, 1986 Federal Register notice about converting the Generalized System of Preferences satisfies the requirements of sections 2463(a) and 2464(c)(3) as they read on July 31, 1995. For applying section 2464(c)(1) for calendar year 1989, the date July 1 is treated as September 1. If converting old rules into the Harmonized Tariff Schedule causes an item to be wrongly added to or left out of an import restriction under section 22 of the Agricultural Adjustment Act, the President may proclaim changes to make the new schedule match the old one as much as possible. The President may do the same for the change from an old headnote to Additional U.S. Note 2, chapter 17. No such proclamations may be made after June 30, 1990. Courts keep their power over protests under section 1514 and petitions by American manufacturers or wholesalers under section 1516 that cover entries made before January 1, 1989, and the chapter does not affect court jurisdiction for later entries. If a court fully or partly upholds such a protest or petition, the affected entries made before January 1, 1989 must be liquidated or reliquidated under the old Schedules. The Commission must investigate relevant final judicial decisions published in the two years starting February 1, 1988, report its findings and recommended changes by September 1, 1990 to the President and the congressional committees, and the President shall proclaim any necessary changes. Proclaimed changes apply to entries made on or after the proclamation date, and also to entries made on or after January 1, 1989 if an importer asks for liquidation or reliquidation within 180 days after the proclamation’s effective date. If a protest or petition is not upheld, the entries before January 1, 1989 are finally liquidated under the old Schedules.