Title 50, War and National DefenseRelease 119-102
§98h–4 Importation of Strategic and Critical Materials
Title 50 › CHAPTER 5 — ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY › SUBCHAPTER III — ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS › § 98h–4
Summary
The President cannot ban or limit imports of materials called strategic and critical under this subchapter if they come from countries not listed in general note 3(b) of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), while imports from listed countries are not prohibited by law.
Full Legal Text
Title 50, §98h–4
War and National Defense, Source: USLM XML via OLRC
The President may not prohibit or regulate the importation into the United States of any material determined to be strategic and critical pursuant to the provisions of this subchapter, if such material is the product of any foreign country or area not listed in general note 3(b) of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for so long as the importation into the United States of material of that kind which is the product of a country or area listed in such general note is not prohibited by any provision of law.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties. Codification Section was formerly classified to section 98h–1 of this title.
Amendments
1996—Pub. L. 104–201 substituted “not listed in general note” for “not listed as a Communist-dominated country or area in general note” and “product of a country or area listed in such general note” for “product of such Communist-dominated countries or areas”. 1988—Pub. L. 100–418 substituted “general note 3(b) of the Harmonized Tariff Schedule of the United States” for “general headnote 3(d) of the Tariff Schedules of the United States”. 1987—Pub. L. 100–180 inserted section catchline and, in text, substituted “The President” for “Notwithstanding any other provision of law, on and after January 1, 1972, the President”.
Statutory Notes and Related Subsidiaries
Effective Date
of 1988 AmendmentAmendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an
Effective Date
note under section 3001 of Title 19, Customs Duties.
Reference
Citations & Metadata
Citation
50 U.S.C. § 98h–4
Title 50, War and National Defense
Last Updated
Aug 21, 2026
Release point: 119-102