An Act to extend and amend the Renegotiation Act of 1961
PL 90-634 (H.R.17324), enacted 10/24/1968

82 STAT. ] 
PUBLIC LAW 90-634-OCT. 24, 1968 
I345 
Public Law 90-634 
A N A C T 
October 24, 1968 
To extend and amend the Renegotiation Act of 1951, and for other purposes. 
[H.R. 17324] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America In Congress asserribied. 
Renegotiation 
•
* 
^ 
amendments. 
Antidumping Act 
TITLE I—RENEGOTIATION AMENDMENTS ACT OF 1968 determinations 
International 
Coffee Agreement 
SEC. 101. This title may be cited as the "Renegotiation Amendments A'^* °f ^^es. 
Act of 1968". 
EXTENSION OF I'ERMINATION DATE 
SEC. 102. Section 102(c) (1) of the Renegotiation Act of 1951, as 
amended (50 U.S.C. App., sec. 1212(c) (1)), is amended by striking 
7o stat. 786; 
out "June 30, 1968" and inserting in lieu thereof "June 30, 1971". ^° ^*^*- "^ 
INFORMATION FURNISHED TO BOARD W I T H RESPECT TO STANDARD 
COMMERCIAL ARTICLES 
SEC. 103. Section 105(e)(1) of the Renegotiation Act of 1951, as 
amended (50 U.S.C. App., sec. 1215(e) (1)), is amended by inserting 
after the second sentence the following new sentence: "Any person 
who, but for the provisions of section 106(e)(1)(A), would not be 
relieved for a fiscal year from the filing requirements of the first 
sentence of this paragraph by reason of the preceding sentence shall 
furnish for such fiscal year such information with respect to the 
application of such provisions (and with respect to the aggregate 
specified in the preceding sentence) as the Board may by regulations 
prescribe as necessary to carry out this title." 
MANDATORY EXEMPTION FOR STANDARD COMMERCIAL ARTICLES AND 
SERVICES 
SEC. 104. (a) (1) Paragraph (1) of section 106(e) of the Renegotia-
tion Act of 1951, as amended (50 U.S.C. App,, sec. 1216(e)), is 
amended— 
(A) by striking out subparagraph (B), 
(B) by inserting "or" at the end of subparagraph (A), and 
(C) by redesignating subparagraph (C) as subparagraph (B). 
(2) Paragraph (3) of such section is amended by striking out "or 
(C)" each place it appears. 
(b) Paragraph (4) of section 106(e) of such Act is amended to 
read as follows: 
" (4) DFJFINITIONS.—For the purposes of this subsection— 
"(A) the term 'article' includes any material, part, com-
ponent, assembly, machinery, equipment, or other personal 
property; 
"(B) the term 'standard commercial article' means, with re-
spect to any fiscal year, an article— 
"(i) which either is customarily maintained in stock 
by the contractor or subcontractor or is offered for sale 
in accordance with a price schedule regularly maintained 
by the contractor or subcontractor, 
"(ii) the price of which under any contract or .sub-
contract subject to this title is not in excess of the lowest 
price at which such article is sold in similar quantity by 
the contractor or subcontractor for civilian industrial or 
1346 
PUBLIC LAW 90-634-OCT. 24, 1968 
[82 STAT. 
commercial use, except for any excess attributable to the 
cost of accelerated delivery or other significantly different 
circumstances, and 
" (iii) from the sales of which by the contractor or sub-
contractor at least 55 percent of tlie receipts or accruals in 
such fiscal year are not (without regard to this subsec-
tion a.nd subsection (c) of this section) subject to this 
title; 
"(C) the term 'service' means any processing or other oper-
ation performed by chemical, electrical, physical, or mechani-
cal methods directly on materials owned by another person; 
"(D) the term 'standard commercial service' means, with 
respect to any fiscal year, a service—-
"(i) the price of which under any contract or subcon-
tract subject to this title is not in excess of the lowest price 
at which such service is |)€rformed under similar circum-
stances by the contractor or subcontractor for civilian 
industrial or commercial purposes, and 
"' (ii) from the performance of which by the contractor 
or subcontractor at least 55 percent of the receipts or 
acciTials in such fiscal year a.re not (witliout regard to 
this subsection) subject to this title; 
" (p]) a service is, with respect to any fiscal year, 'reasonably 
comparable with a standard commercial service' only if— 
"(i) such service is of the same or a similar kind, 
performed with the same or similar materials, and has 
the same or a similar result, without necessarily involv-
ing identical operations, as a standard commercial serv-
ice from the performance of which the contractor or sub-
contractor has receipts or accruals in such fiscal year, 
"(ii) the price of such service under any contract or 
subcontract subject to this title is not in excess of the 
lowest price at which such service is performed under 
similar circumstances by the contractor or subcontractor 
for civilian industrial or commercial purposes, and 
"(iii) at least 55 percent of the aggregate receipts or 
accruals in such fiscal year by the contractor or subcon-
tractor from the performance of such service and such 
standard commercial service are not (without regard to 
this subsection) subject to this title; and 
"(F) the term 'standard commercial class of articles' 
means, with respect to any fiscal year, two or more articles 
with respect to which the following conditions are met: 
"(i) at least one of such articles either is customarily 
maintained in stock by the contractor or subcontractor or 
is offered for sale in accordance with a price schedule 
regularly maintained by tlie contractor or subcontractor, 
"(ii) all of such articles are of the same kind and 
manufactured of the same or substitute materials (with-
out necessarily being of identical specifications), 
"(iii) the price of each of such articles under any con-
tract or subcontract sub;ject to this title is not in excess 
of the lowest price at w^hich such article is sold in similar 
quantity by the contractor or subcontractor for civilian 
82 STAT. ] 
PUBLIC LAW 90-634-OCT. 24, 1968 
1347 
industrial or commercial use, except for any excess attrib-
utable to the cost of accelerated delivery or other sig-
nificantly different circumstances, 
"(iv) all of such articles are sold at reasonably com-
parable prices, and 
"(v) at least 55 percent of the aggregate receipts or 
accruals in such fiscal year by the contractor or subcon-
tractor from sales of all sucn articles are not (without 
regard to this subsection and subsection (c) of this sec-
tion) subject to this title.*' 
E F F E C n V E DATES 
SEC. 105. The amendment made by section 102 shall take effect as of 
June 30, 1968. The amendments made by sections 103 and 104 shall 
apply with respect to amounts received or accrued in fiscal years of con-
tractors and subcontractors ending after the date of the enactment 
of this Act. 
TITLP] II—ADMINISTRATION OF T H E ANTIDUMPING 
ACT, 1921 
DETERMINATIONS UNDER T H E ANTIDUMPING ACT, 
1 9 2 1 
SEC. 201. (a) Nothing contained in the International Antidumping 
C^ode, signed at Geneva on June 30,1967, shall be construed to restrict 
i9 usr 4348. 
the discretion of the United States Tariff Commission in performing 
its duties and functions under the Antidumping xA.ct, 1921, and in 
'^^ ns*^^ 
performing their duties and functions under such Act the Secretary m, 
of the Treasury and the Tariff Commission shall— 
(1) resolve any conflict between the International Antidumping 
Code and the Antidumping Act, 1921, in favor of the Act as 
applied by the agency administering the Act, and 
(2) take into account the provisions of the International Anti-
dumping Code only insofar as they are consistent with the Anti-
dumping Act, 1921, as applied by the agency administering the 
Act. 
(b) No later than August 1, 1969, the President shall submit to the 
^^p°^i to con-
Ilouse of Representatives and United States Senate a report for the ^''^^^' 
period beginning on July 1, 1968, and ending on June 30, 1969, which 
shall— 
(1) set out the text of all determinations made by the Secretary 
of the Treasury and the United States Tariff Commission under 
the Antidumping Act, 1921, in such period; 
(2) analyze with respect to each determination in such period 
the manner in which the Antidumping Act, 1921, has been admin-
istered to take into account the provisions of the International 
Antidumping Code; 
(3) summarize antidumping actions taken by other countries 
in such period against United States exports and relate such ac-
tions to the provisions of the International Antidumping Code; 
and 
(4) include such recommendations as the President determines 
appropriate concerning the administration of the Antidumping 
Act, 1921. 
1348 
PUBLIC LAW 90-634-OCT. 24, 1968 
[82 STAT. 
TITLE III—INTERNATIONAL COFFEE AGREEMENT ACT 
OF 1968 
SHORT TITLE 
SEC. 301. This title may be cited as the "International Coffee Agree-
ment Act of 1968". 
AUTHORITY FOR IMPLEMENTATION OF AGREEMENT 
SEC. 302. On and after the entry into force of the International 
19 usT 6333. 
Coffee Agreement, 1968, and for such period prior to October 1,1970, 
as the agreement remains in effect, the President is authorized, in order 
to carry out and enforce the provisions of that agreement— 
(1) to regulate the entry of coffee for consumption, or with-
drawal of coffee from warehouse for consumption, or any other 
form of entry or withdrawal of coffee such as for transportation or 
exportation, including (A) the limitation of entry, or withdrawal 
from warehouse, of coffee imported from countries which are not 
members of the International Coffee Organization, (B) the pro-
hibition of entry of any shipment from any member of the Inter-
national Cb^ffee Organization of coffee which is not accompanied 
by a valid certificate of origin or a valid certificate of reexport, 
issued by a qualified agency in such form as required under the 
agreement, and (C) the imposition of special fees or such other 
measures as he deems appropriate to offset discriminatory treat-
ment by other governments in favor of the export or reexport of 
processed coffee; 
(2) to require that every export or reexport of coffee from the 
United States shall be accompanied by a valid certificate of origin 
or a valid certificate of reexport, issued by a qualified agency 
of the United States designated by him, in such form as required 
under the agreement; 
(3) to require the keeping of such records, statistics, and other 
information, and the rendering of such reports, relating to the 
importation, distribution, prices, and consumption of coffee as he 
may from time to time prescribe; and 
(4) to take such other action, and issue and enforce such rules 
and regulations, as he may consider necessary or appropriate in 
order to implement the obligations of the United States under 
the agreement. 
DEFINITION OF COFFEE 
SEC. 303. As used in section 302, "coffee" means coffee as defined in 
article 2 of the International Coffee Agreement, 1968. 
DELEGATION OF POWERS AND DUTIES; PROTECTION OF UNITED STATES 
CONSUMERS 
SEC. 304. The President may exercise any powers and duties con-
ferred on him by this title through such agency or officer as he shall 
direct. The powers and duties conferred by this title shall be exercised 
in the manner the President considers appropriate to protect the in-
terests of United States consumers. In the event the President deter-
mines that there has been an unwarranted increase in the price of coffee 
due in whole or in part to the International Coffee Agreement, the 
President shall request the International Coffee Council and the Ex-
ecutive Board to take appropriate action. At the same time he shall 
82 STAT. ] 
PUBLIC LAW 90-634-OCT. 24, 1968 
1349 
report his determination to the Congress. In the event the Interna-
tional Coffee Council has failed to take corrective action to remedy 
the situation within a reasonable time after such request, the President 
shall submit to the Congress such recommendations as he may consider 
appropriate to correct the situation. 
REPORTS TO CONGRESS 
SEC. 305. The President shall submit to the Congress an annual report 
on the International Coffee Agreement, 1968. Such report shall contain i^ UST 6333. 
full information on the operation of such agreement, including full 
information with respect to the general level of prices of coffee and 
matters pertaining to the transportation of coffee from exporting 
countries to the United States. The report shall also include a sum-
mary of the actions the United States and the International Coffee 
Organization have taken to protect the interests of United States 
consumers. 
PREVENTION OF DISCRIMINATION AGAINST UNITED STATES-FLAG SHIPS 
SEC. 306. (a) Upon complaint of any interested party filed after the 
date of enactment of this title, the President shall promptly make an 
investigation to determine whether any exporting country which is a 
member of the International Coffee Organization, or group of export-
ing countries which includes any member of such Organization, is 
taking action which, directly or indirectly, discriminates, or threatens 
to discriminate, against vessels registered under the laws of the United 
States in the shipping of coffee to the United States. If the President 
finds that discrimmation, or threat thereof, exists, he shall notify the 
Federal Maritime Commission which shall promptly make appropriate 
rules and regulations under section 19 of the Merchant Marine Act, 
1920. If, within a reasonable time thereafter, the President finds that 
4i stat. 99;;. 
the effect of discrimination, or threat thereof, still exists, the authority 
conferred by section 302 shall cease to apply until such time as the 
President finds that the effect of discrimination, or threat thereof, has 
ceased to exist. 
(b) The President shall cause to be published promptly in the 
Publication in 
Federal Register (1) a copy of each complaint filed under subsection 
* ^'^^ egister. 
(a), (2) the results of the investigation made with respect to each 
such complaint and his findings thereunder, and (3) in the case of each 
complaint with respect to which he makes an affirmative finding of 
discrimination, or threat thereof, any rules and regulations made by 
the Federal Maritime Commission pursuant to subsection (a) and each 
subsequent finding made by him under such subsection. 
(c) Nothing contained in subsection (a) shall be construed to 
affect the powers and duties of the Federal Maritime Commission de-
termined without regard to the provisions of such subsection. 
TITLE IV—MISCELLANEOUS AMENDMENT 
SEC. 401. (a) Section 103(c)(6) of the Internal Revenue Code of 
industrial de-
1954 (relating to exemption for certain small issues in the case of exe^^f^n. °'^ ^ 
industrial development bonds) is amended by adding at the end thereof 
Ante, p. 267. 
the following new subparagraphs: 
"(D) $5,000,000 LIMIT IN CERTAIN CASES.—At the election 
of the issuer, made at such time and in such manner as the 
Secretary or his delegate shall by regulations prescribe, with 
respect to any issue this paragraph shall be applied— 
1350 
PUBLIC LAW 90-634-OCT. 24, 1968 
[82 STAT. 
"(i) by substituting '$5,000,000' for '$1,000,000' in 
subparagraph (A), and 
" (ii) m determining the aggregate face amount of such 
issue, by taking into account not only the amount de-
scribed in subparagraph (B), but also the aggregate 
amount of capital expenditures with respect to facilities 
described in subparagraph (E) paid or incurred during 
the 6-year period beginning 3 years before the date of 
such issue and ending 3 years after such date (and 
financed otherwise than out of the proceeds of outstand-
ing issues to which subparagraph (A) applied), as if 
the aggregate amount of ,such capital expenditures con-
stituted the face amount of a prior outstanding issue 
described in subparagraph (B). 
"(E) FACILITIES TAKEN INTO ACCOUNT.—For purposes of 
subparagraph (D)(ii), the facilities described in this sub-
paragraph are facilities— 
"(i) located in the same incorporated municipality or 
located in the same county (but ndt in any incorporated 
municipality), and 
" (ii) the principal user of which is or will be the same 
person or two or more related persons. 
For purposes of c]a.use (i), the determination of whether or 
not facilities are located in the same ^ov'ernmental unit shall 
be made as of the date of issue of the issue in question. 
" ( F ) CERTAIN CAPITAL EXPENDITURES NOT TAKEN INTO 
ACCOUNT.—For purposes of subparaJgraph (D) (ii), any capi-
tal expenditure— 
" (i) to replace property destroyed or damaged by fire, 
storm, or other casualty, to the extent of the fair market 
value of the property replaced, 
" (ii) required by a change made after the date of issue 
of the issue in question in a Federal or State law or local 
ordinance of general application or required by a change 
made after such date in rules and regulations of general 
application issued under such a law or ordinance, or 
"(iii) required by circumstances which could not be 
reasonably foreseen on such date of issue or arising out of 
a mistake of law or fact (but the aggregate amount of 
expenditures not taken into account under this clause with 
respect to any issue shall not exceed $250,000), 
shall not be taken into account. 
"(G) LIMITATION ON LOSS OF TAX EXEMPTION.—In applying 
subparagraph (D) (ii) with respect to capital expenditures 
made after the date of any issue, no obligation issued as a 
part of such issue shall be treated as an obligation not 
described in subsection (a) (1) by reason of any such expen-
diture for any period before the date on which such expendi-
ture is paid or incurred. 
"(H) CERTAIN REFINANCING ISSUES.—In the case of any 
issue described in subparagraph (A) (ii), an election may tie 
made under subparagraph (D) only if all of the prior issues 
being redeemed are issues to which subparagraph (A) ap-
plies. In applying subpara^aph (D) (li) with respect to 
such a refinancing issue, capital expenditures shall be taken 
into account only for purposes of determining whether the 
prior issues being redeemed qualified (and would have con-
tinued to qualify) under subparagraph (A)." 
82 STAT. ] 
PUBLIC LAW 90-635-OCT. 24, 1968 
1351 
(b) The amendment made by subsection (a) shall apply with 
respect to obligations issued after the date of the enactment of this 
Act. 
Approved October 24, 1968. 
Public Law 90-635 
A N A C T 
October 24, 1968 
For implementing Conventions for Free Admission of Professional Eciuipment 
[H.R. 18373] 
and Containers, and for ATA, ECS, and TIR Carnets. 
Be it enacted hy the Senate and IIouHe of Re 
preventatives of the 
United States of America in Congress assemhJsd^ That part 5 of 
schedule 2 of the Tariff Schedules of the United States (19 U.S.(\ of proiessio: 
1202) is amended by insertinjr after item 270.10 the followina; new equipment, <. 
•±. 
\ 
tainers, and 
Tariffs. 
Free admission 
professional 
on-
item: 
270.15 
78 Stat. 231. 
International customs forms (carnets), and parts thereof,, in 1 
I 
I 
„ . g.^. 
„„'_ 
' 
I 
I 
English or French (whether or not in additional languages) 
| Free 
| Free 
| " 
SEC. 2. (a) The article description for item 864.50 of the Tariff 
Schedules of the United States (19 U.S.C. 1202) is amended to read 
77A stat. 424. 
as follows: "Professional equipment, tools of trade, repair components 
for equipment or tools admitted under this item, and camping equip-
ment ; all the foregoing imported by or for nonresidents sojourning 
temporarily in the United States and for the use of such non-
residents". 
(b) Headnote 1 for subpart C of part 5 of schedule 8 of such 
Schedules is amended— 
_7!^ ^*^*' '^^^^ 
(1) by inserting "(a)'* after "1.''; 
(2) by inserting "(1)*" after "except that" in the first sentence, 
and by inserting before the period at the end of such sentence 
tlie following: ", and (2) in the case of professional equipment 
and tools of trade admitted into the United States under item 
864.50 which have been .seized (other than by seizure made at 
the suit of private j^ersons), the requirement of reexportation 
shall be suspended for the duration of the seizure"; and 
(3) by adding at the end thereof the following: 
"(b) For articles admitted into the United States under item 864.50, 
entry shall be made by the nonresident importing the articles or by 
an organization represented by the nonresident which is established 
under the laws of a foreign country or ha.s its principal place of 
business in a foreign country." 
SEC. 3. (a) The article description for item 808.00 of the Tariff 
Schedules of the United States (19 U.S.C. 1202) is amended by insert-
ing before the period at the end thereof the following: ", and repair 
components for a particular container of foreign production which 
is an instrument of international traffic". 
(b) Headnote 1 of subpart C of part 1 of schedule 8 of such Sched-
ules is amended by inserting before the period at the end thereof the 
following: ", and also covers certain repair components". 
SEC. 4. Each of the preceding sections of this Act shall apply with 
respect to articles entered, or withdrawn from warehouse, for con-
sumption on and after a date which shall be proclaimed by the Presi-
dent, which date shall be consonant with the entering into force for 
the United States of the customs convention or conventions which 
such section implements. 
Approved October 24, 1968. 
77A Stat. 409. 
Effective date. 
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