An Act to implement the Agreement on the Importation of Educational, Scientific, and Cultural Materials, opened for signature at Lake Success on November 22, 1950, and for other purposes
PL 89-651 (H.R.8664), enacted 10/14/1966

80 STAT. ] 
PUBLIC L
A
W 89-651-OCT. 14, 1966 
897 
Public Law 89-651 
,AN A C T 
October 14, 1966 
To implement the Agreement on the Importation of Educational, Scientific, and 
[H. R. 8664] 
Cultural Materials, opened for signature at Lake Success on November 22,1950, 
and for other purj)oses. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
^ Educational, 
J 
" 
' 
Scientific and 
SECTION 1. SHORT TITLE, ETC. 
cultural Mate-
(a) SHORT TITLE.—This Act may be cited as the "Educational, Act oT^ig'ee!'"" 
Scientific, and Cultural Materials Importation Act of 1966". 
(b) PURPOSE.—The purpose of this Act is to enable the United States 
to give effect to the Agreement on the Importation of Educational, 
Scientific and Cultural Materials, opened for signature at Lake Suc-
cess on November 22, 1950, with a view to contributing to the cause of 
peace through the freer exchange of ideas and knowledge across 
national boundaries. 
(c) AMENDMENT OF TARIFF SCHEDULES.—Whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or 
lepeal of, an item or other provision, the reference shall be considered 
to be made to an item or other provision of the Tariff Schedules of the 
United States (19 U.S.C, sec. 1202). 
77A stat. 3. 
SEC. 2. EFFECTIVE DATE. 
This Act shall become effective with respect to articles entered, or 
withdrawn from warehouse, for consumption on or after a date to be 
proclaimed by the President, which date shall be within a period of 
three months after the date on which the United States instrument 
of ratification of the Agreement on the Importation of Educational, 
Scientific and Cultural Materials shall have been deposited with the 
Secretary-General of the United Nations. 
SEC. 3. BOOKS, PAMPHLETS, AND OTHER PRINTED AND MANUSCRIPT 
MATERIAL. 
(a) BOOKS.— 
(1) Schedule 2, part 5, is amended— 
^ 
^ 
77A stat. 109. 
(A) by striking out items 270.15 to 270.40, inclusive, and 
inserting in lieu thereof the following: 
" I 270.25 I Books not specially provided for 
| Free 
| Free 
| " 
(B) by striking out the article description irmnediately 
preceding item 270.45 and inserting in lieu thereof "Printed 
catalogs relating chiefly to current offers for the sale of 
United States products:", 
(C) by striking out the item numbers and the article 
descriptions in items 274.75 to 274.90, inclusive, and the article 
descriptions preceding items 274.75 and 274.85, and inserting 
in lieu thereof the following: 
"Printed matter not specially provided for: 
274.73 
Suitable for use in the production of such books as would 
themselves be free of duty 
Other: 
Printed on paper in whole or in part by a lithographic 
process: 
274.75 
Not over 0.020 inch thick 
274.80 
Over 0.020 inch thick 
Other: 
274.85 
Susceptible of authorship 
274.90 
Other 
" 
(D) by inserting "Free" in each of the rate columns in item 
274.73, added by subparagraph (C). 
898 
PUBLIC LAW 89-651-OCT. U, 1966 
[80 STAT. 
77A Stat. 374. 
19 u s e 1202. 
77A Stat. 389. 
77A Stat. 41S 
(2) Item 737.52 is amended to read as follows: 
737.52 
Toy books, including coloring books and books the 
only reading matter in which consists of letters, 
numerals, or descriptive words 
Free 
Free 
(b) PERIODICALS.—Schedule 2, part 5, is amended by striking oui 
items 270.60 and 270.65 and the article description immediately pre-
ceding item 270.60 and inserting in lieu thereof the following: 
" I 270.63 I Periodicals 
| Free 
| Free 
| " 
(c) TOURIST LITERATURE, ETC.—The article description in item 
270.70 is amended to read as follows: "Tourist and other literature 
(including posters), containing geographic, historical, hotel, institu-
tional, time-table, travel, or similar information, chiefly with respect 
to places, travel facilities, or educational opportunities outside the 
customs territory of the United States". 
(d) MUSIC IN BOOKS OR SHEETS.—Schedule 2, part 5, is amended 
by striking out items 273.05 to 273.20, inclusive, and the article de-
scriptions immediately preceding items 273.05 and 273.15, and inserting 
in lieu thereof the following: 
" I 273.10 I Music in books or sheets 
| Free 
I Free 
(e) MAPS, ATLASES, AND CHARTS.—Schedule 2, part 5, is amended^— 
(1) by striking out item 273.25 and the article description 
immediately preceding it, 
(2) by striking out the item number and article description in 
item 273.30 and inserting in lieu thereof "273.30 | Printed globes", 
and 
(3) by striking out items 273.35 and 273.40 and the article 
description immediately preceding item 273.35 and inserting in 
lieu thereof the following: 
273.35 
Maps, atlases, and charts (except tourist and other 
I 
literature provided for in item 270.70) 
| Free 
Free 
SEC. 4. WORKS OF ART; ANTIQUES. 
(a) PAINTINGS, ETC.—Schedule 7, part 11, subpart A, is amended 
by striking out items 765.05 and 765.07 and the article description 
immediately preceding item 765.05 and inserting in lieu thereof the 
following: 
765.03 
Paintings, pastels, drawings, and sketches, all the 
foregoing, whether or not originals, executed wholly 
by hand 
Free 
Free 
(b) ANTIQUES.—Schedule 7, part 11, subpart B, is amended by strik-
ing out so much of the article description immediately preceding item 
766.20 as precedes "all the foregoing" and inserting m lieu thereof 
"Ethnographic objects made in traditional aboriginal styles and made 
at least 50 years prior to their date of entry; and other antiques made 
prior to 100 years before their date of entry;". 
SEC. 5. DOCUMENTS OF FOREIGN GOVERNMENTS AND INTERNA-
TIONAL ORGANIZATIONS. 
The article description in item 840.00 is amended— 
(1) by inserting "(including exposed and developed motion 
picture and other films, recorded video tapes, and sound record-
ings) " immediately after "documents", and 
(2) by striking out "wholly" and inserting in lieu thereof 
"essentially". 
SEC. 6. CERTAIN ARTICLES IMPORTED BY EDUCATIONAL, SCIEN-
TIFIC, AND OTHER SPECIFIED INSTITUTIONS. 
(a) GENERAL.—Schedule 8, part 4, is amended— 
(1) by striking out "plans" in headnote 3 and inserting in 
lieu thereof "plans, and reproductions thereof,", 
80 
STAT.] 
PUBLIC LAW 89-651-OCT. 14, 1966 
899 
(2) hj striking out "institution established solely" in the article 
description immediately preceding item 851.10 and inserting in 
lieu thereof "nonprofit institution established", and 
(3) by striking out so much of the article description in item 
851.10 as precedes "all the foregoing" and inserting in lieu thereof 
"Drawings and plans, reproductions thereof, engravings, etchings, 
lithographs, woodcuts, globes, sound recordings, recorded video 
tapes, and photographic and other prints,". 
(b) PATTERNS AND MODELS.—The article description in item 851.50 
is amended to read as follows: "Patterns and models exclusively for 
exhibition or educational use at any such institution". 
(c) SCIENTIFIC INSTRUMENTS AND APPARATUS.—Schedule 8, part 4, 
is amended— 
(1) by inserting after item 851.50 the following: 
Articles entered for the use of any nonprofit institu-
tion, whetlier public or private, established for 
educational or scientific purposes: 
851.60 
Instruments and apparatus, if no instrument or 
apparatus of equivalent scientific value for the 
purposes for which the instrument or apparatus 
is intended to be used is being manufactured in 
the United States (see headnote 6 to this part).. Free 
Free 
851.65 
Repair components for instruments or apparatus 
admitted under item 8.51.60 
Free 
Free 
(2) by striking out headnote 1 and inserting in lieu thereof the 
following: 
"1. Except as provided in items 850.50 and 852.20, or as otherwise 
provided for in this headnote, the articles covered by this part must 
be exclusively for the use of the institutions involved, and not for dis-
tribution, sale, or other commercial use within 5 years after being 
entered. 
Articles admitted under any items in this part may be trans-
ferred from an institution specified with respect to such articles to 
another such institution, or may be exported or destroyed under cus-
toms supervision, without duty liability being incurred. However, if 
any such article (other than an article provided for in item 850.50 or 
852.20) is transferred other than as provided by the preceding sen-
tence, or is used for commercial purposes, within 5 years after being 
entered, the institution for which such article was entered shall 
promptly notify customs officers at the port of entry and shall be liable 
for the payment of duty on such article in an amount determined on 
the basis of its condition as imported and the rate applicable to it 
(determined without regard to this part) when entered. If, with a 
view to a transfer (other than a transfer permitted by the second sen-
tence) or the use for commercial purposes of an instrument or appa-
ratus, a repair component admitted under item 851.65 has been as-
sembled into such instrument or apparatus, such component shall, for 
purposes of the preceding sentence, be treated as a separate article.", 
(3) by inserting the following headnote immediately after 
headnote 5: 
"6. (a) The term 'instruments and apparatus' (item 851.60) 
embraces only instruments and apparatus provided for in— 
"(i) schedule 5: items 535.21-.27 and subpart E of part 2; and 
items 547.53 and 547.55 and subpart D of part 3; 
"(ii) schedule 6: subpart G of part 3; subparts A and F and 
items 676.15, 676.20, and 678.50 of part 4; part 5; and items 694.15, 
694.50j and 696.60 of part 6; and 
"(iii) schedule 7: part 2 (except subpart G) ; and items 790.59-
.62 of subpart A of part 13; 
but the term does not include materials or supplies, nor does it include 
ordinary equipment for use in building construction or maintenance or 
77A Stat. 420. 
19 u s e 1202. 
"Instruments 
and apparatus." 
77A Stat. 242, 
250. 
77A Stat. 308. 
77A Stat. 339, 
398. 
Publication in 
Federal Register. 
900 
PUBLIC LAW 89-651-OCT. 14, 1966 
[80 STAT. 
for use in supporting activities of the institution such as its adminis-
trative offices or its eating or religious facilities. 
Ante, p. 899. 
"(b) ^11 institution desiring to enter an article under item 851.60 
shall make application therefor to the Secretary of the Treasury in-
cluding therein (in addition to such other information as may be 
prescrmed by regulation) a description of the article, the purposes for 
which the instrument or apparatus is intended to be used, the oasis for 
the institution's belief that no instrument or apparatus of equivalent 
scientific value for such purposes is being manufactured in the United 
States, and a statement that either the institution has already placed 
a bona fide order for the instrument or apparatus or has a firm in-
tention, in the event of favorable action on its application, to place 
such an order on or before the final day specified in paragraph (d) of 
this headnote for the placing of an order. 
If the application is made 
in accordance with the applicable regulations, the Secretary of the 
Treasury shall promptly forward copies thereof to the Secretary 
of Commerce and to the Secretary of Health, Education, and Welfare. 
If, at any time while its application is under consideration by the 
Secretary of Commerce or by the Court of Customs and Patent Ap-
peals on appeal from a finding by him, an institution cancels an order 
, 
for the instrument or apparatus to which its application relates or 
ceases to have a firm intention to order such instrument or apparatus, 
it shall promptly so notify the Secretary of Commerce or such Court, 
as the case may be. 
"(c) Upon receipt of the application the Secretarj^ of Commerce 
shall, by publication in the Federal Register, afford interested per-
sons and other Government agencies reasonable opportunity to present 
their views with respect to the question whether an instrument or ap-
paratus of equivalent scientific value for the purposes for which the 
article is intended to be used is being manufactured in the United 
States. After considering any views presented pursuant to this para-
graph, including any written advice from the Secretary of Health, 
Education, and Welfare, the Secretary of Commerce shall determine 
whether an instrument or apparatus of equivalent scientific value to 
such article, for the purposes for which the instrument or apparatus 
is intended to be used, is being manufactured in the United States. 
Each finding by the Secretary of Commerce under this paragraph 
shall be promptly reported to the Secretary of the Treasury and to the 
applicant institution. 
Each such finding shall be published in the 
Federal Register, with a statement of the reasons therefor, on or before 
the ninetieth day following the date on which the application was 
made to the Secretary of the Treasury in accordance with applicable 
regulations. 
"(d) Item 851.60 shall not apply with respect to any instrument or 
apparatus unless a bona fide order therefor has been placed, by the 
institution making the application under this headnote, on or before 
the sixtieth day following the day on which a finding of the Secretary 
of Commerce favorable to the institution has become final and con-
clusive. 
"(e) Within 20 days after the publication in the Federal Register 
of a finding by the Secretary of Commerce under paragraph (c) of 
this headnote, an appeal may be taken from said finding only upon a 
question.or questions of law and only to the United States Court of 
Customs and Patent Appeals— 
"(i) by the institution which made the application under para-
graph (b) of this headnote, 
"(ii) by a person who, in the proceeding which led to such 
finding, represented to the Secretary of Commerce in writing that 
he manufactures in the United States an instrument or apparatus 
80 
STAT.] 
PUBLIC LAW 89-651-OCT. 14, 1966 
901 
of equivalent scientific value for the purposes for which the 
article to which the application relates is intended to be used, 
"(iii) by the importer thereof, if the article to which the appli-
cation relates has been entered at the time the appeal is taken, or 
" (iv) by an affent of any of the foregoing. 
Any appeal under mis paragraph shall receive a preference over all 
other matters before the Court and shall be heard and determined as 
expeditiously as the Court considers to be practicable. 
The judgment 
of the Court shall be final. 
"(f) The Secretary of the Treasury and the Secretary of Commerce 
may prescribe joint regulations to carry out their functions under this 
headnote.", and 
(4) by striking out "and electron microscopes," in item 854,10. 
SEC. 7. SCIENTIFIC SPECIMENS. 
Schedule 8 is amended by striking out item 852.10 and the article 
description immediately preceding it, and by inserting after item 
870.25 the following new item: 
870.27 Specimens of archeology, mineralogy, or natural 
history (including specimens of botany or zoology 
other than live zoological specimens) imported for 
any public or private scientific collection for exhibi-
tion or other educational or scientific use, and not 
for sale or other commercial use 
Free 
Free 
SEC. 8. CONFORMING AMENDMENTS. 
(a) PRINTED AND MANUSCRIPT MATERIAL.—The title of schedule 2, 
part 5, is amended to read as follows: 
"PAKT 5.—BOOKS, PAMPHLETS, AND OTHER PRINTED 
AND MANUSCRIPT MATERIAL". 
(b) 
SPECIAL CLASSIFICATION PROVISIONS.—Schedule 8 is amended— 
(1) by striking out "items 806.10, 806.20," in headnote 2 to 
part 1, subpart B, and inserting "items 806.20" in lieu thereof, 
(2) by striking out item 806.10, 
(3) by striking out so much of the article description in item 
830.00 as precedes "and exposed photographic films" and insert-
ing in lieu thereof "Engravings, etchings, photographic prints, 
whether bound or unbound, recorded video tapes,", 
(4) by inserting "and recorded video tapes" after "recordings" 
in item 831.00, and 
(5) by striking out so much of the article description in item 
850.10 as precedes "all the foregoing" and inserting in lieu thereof 
"Drawings, engravings, etchings, lithographs, woodcuts, sound 
recordings, recorded video tapes, and photographic and other 
prints,". 
(c) JURISDICTION AND PROCEDURE OF COURT OF CUSTOMS AND PATENT 
APPEALS.— 
(1) Chapter 93 of title 28, United States Code, is amended by 
adding after section 1543 the following new section: 
*
*
§ 1544. Certain findings by Secretary of Commerce 
"The Court of Customs and Patent Appeals shall have jurisdiction 
to review, by appeal on questions of law only, findings of the Secretary 
of Commerce under headnote 6 to schedule 8, part 4, of the Tariff 
Schedules of the United States (relating to importation of instruments 
or apparatus)." 
(2) The table of sections at the beginning of such chapter is 
amended by adding at the end thereof the lollowing: 
77A Stat. 420. 
19 u s e 1202. 
77A Stat. 109. 
62 Stat. 942. 
28 u s e 1541-
1543. 
Ante, p. 899. 
902 
PUBLIC LAW 89-652-OCT. 14, 1966 
[80 
STAT. 
62 Stat. 980. 
Ante. p. 899. 
"1544. Certain findings by Secretary of Commerce." 
(3) Section 2602 of title 28, United States Code, is amended by 
adding at the end thereof the following new sentence: "Appeals 
from findings by the Secretary of Commerce provided for in head-
note 6 to schedule 8, part 4, of the Tariff Schedules of the United 
States (19 U.S.C, sec. 1202) shall be given the precedence pro-
vided for in such headnote." 
SEC. 9. TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE. 
Any duty-free treatment provided for in this Act shall, for pur-
poses of title III of the Trade Expansion Act of 1962 (76 Stat. 883; 
19 U.S.C, sees. 1901 to 1991), be treated as a concession granted under 
a trade agreement: Provided, That any action taken pursuant to sec-
tion 351 of such Act as the result of this section shall be consistent with 
obligations of the United States under trade agreements. 
Approved October 14, 1966. 
Public Law 89-652 
October 14, 1966 
[H. R. 5297] 
Armed Forces. 
Revocation of 
retired pay, limi-
tation. 
70A Stat. 102. 
AN ACT 
10 u s e 1401-
1405. 
10 u s e 1331-
1337. 
To amend title 10, United States Code, to limit the revocation of retired pay of 
members of the armed forces, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 1331 of 
title 10, United States Code, is amended by adding the following new 
subsection at the end thereof: 
"(d) The Secretary concerned shall provide for notifying each per-
son who has completed the years of service required for eligibility for 
retired pay under this chapter. The notice must be sent, in writing, to 
.the person concerned within one year after he has completed that 
service." 
SEC. 2. Chapter 71 of title 10, United States Code, is amended as 
follows: 
(1) By adding the following new section at the end thereof: 
"§ 1406. Limitations on revocation of retired pay 
"After a person has been granted retired pay under chapter 67 of 
this title, or has been notified in accordance with section 1331(d) of 
this title that he has completed the years of service required for eligi-
bility for retired pay under chapter 67 of this title, the person's 
eligibility for retired pay may not be denied or revoked on the basis 
of any error, miscalculation, misinformation, or administrative de-
termination of years of service performed as required by section 1331 
(a) (2) of this title, unless it resulted directly from the fraud or mis-
representation of the person. The number of years of creditable serv-
ice upon which retired pay is computed may be adjusted to correct any 
error, miscalculation, misinformation, or administrative determination 
and when such a correction is made the person is entitled to retired pay 
in accordance with the number of years of creditable service, £is cor-
rected, from the date he is granted retired pay."; and 
(2) By adding the following new item at the end of the analysis: 
"1406. Limitations on revocation of retired pay." 
SEC. 3. Notwithstanding section 1406 of title 10, United States Code, 
as added by this Act— 
(1) the granting of retired pay to a person under chapter 67 
of that title is conclusive as to that person's entitlement to such 
pay only if the payment of that retired pay is begun after the 
effective date of this Act; and