A bill to reduce certain duties, to suspend temporarily certain duties, to extend certain existing suspensions of duties, and for other purposes.
PL 97-446 (H.R.4566), enacted 01/12/1983

PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2329 
Public Law 97-446 
97th Congress 
An Act 
To reduce certain duties, to suspend temporarilv certain duties, to extend certain 
existing suspensions of duties, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
TITLE I—TARIFF PROVISIONS 
Jan. 12, 1983 
[H.R. 4566] 
Tariff Scheduleis, 
temporary duty 
suspensions. 
SUBTITLE A—IN GENERAL 
SEC. 101. AMENDMENT OF TARIFF SCHEDULES. 
Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or 
repeal of, an item or other provision, the reference shall be consid-
ered to be made to an item or other provision of the Tariff Schedules 
of the United States (19 U.S.C. 1202). 
SEC. 102. CANNED TUNA. 
Item 112.80 is amended— 
(1) by inserting "and not the product of any insular possession 
of the United States," immediately after "15 pounds each,"; and 
(2) by striking out "United States Fish and Wildlife Service" 
and inserting in lieu thereof "National Marine Fisheries 
Service". 
SEC. 103. FURS FROM CHINA. 
Headnote 4 to subpart B of part 5 of schedule 1 is amended by 
striking out "or of the People's Republic of China". 
SEC. 104. LIMITATION ON IMPORTS OF SEED POTATOES. 
The superior heading to items 137.20 and 137.21 is amended by 
inserting ", and imported for use as seed" after "tags". 
SEC. 105. CLASSIFICATION OF CERTAIN FABRICS. 
Subpart A of part 4 of schedule 3 is amended— 
(1) by amending the superior heading to items 346.05 through 
346.65 to read as follows: 
Fabrics of pile construction, in 
which pile threads were inserted 
or knotted during the weaving or 
knitting, whether or not the pile 
threads cover the entire surface 
and whether the pile threads are 
wholly or partly cut or are not 
cut: 
(2) by amending the superior heading for items 346.05 and 
346.10 to read as follows: 
Fabric of corduroy construction, 
whether or not the filling floats 
are cut 
19 use 1202 
note. 
96 STAT. 2330 
PUBLIC LAW 97-446—JAN. 12, 1983 
19 use 1202 
note. 
and 
(8) by amending the superior heading for items 346.15 through 
346.24 to read as follows: 
Fabric of velveteen construction, 
whether or not the filling floats 
are cut: 
SEC. 106. REDUCTION OF DUTY ON CERTAIN FOURDRINIER WIRE. 
(a) IN GENERAL.—Subpart B of part 3 of schedule 6 is amended by 
striking out item 642.30 and inserting in lieu thereof the following: 
Fourdrinier wires, seamed or not 
seamed, suitable for use in pa-
permaking machines (whether or 
not parts of, or fitted or attached 
to, such machines): 
Of plastics 
Other: 
With 240 or more wires to 
the linear inch 
other 
642.31 
642.33 
642.34 
19.4% ad val. 
Free 
19.4% ad val. 
10% ad val. 
12% ad val. 
75% ad val. 
75% ad val. 
75% ad val. 
(b) APPUCATION WITH OTHER PROVISIONS.— 
(1) The rate of duty in column numbered 1 for items 642.31 
and 642.34 (as added by subsection (a)) shall be subject to any 
staged rate reductions for item 642.30 which were proclaimed by 
the President before the 15th day after the date of the enact-
ment of this Act. 
(2) Whenever the rate of duty specified in column numbered 1 
for such item 642.31 or 642.34 is reduced to the same level as the 
corresponding rate of duty specified in the column entitled 
"LDDC" for such item, or to a lower level, the rate of duty in 
such "LDDC" column shall be deleted. 
SEC. 107. REDUCTION OF DUTY ON CERTAIN CERAMIC INSULATORS. 
(a) IN GENERAL.—Subpart D of part 2 of schedule 5 is amended by 
inserting immediately after item 535.12 the following new item: 
535.13 
Ceramic insulators to be used in 
the production of spark plugs for 
natural gas-fueled, stationary, in-
ternal combustion engines 
3.6% ad val. 
60% ad val. 
(b) REPEAL.—Item 909.20 of the Appendix is repealed. 
(c) PHASE-DOWN OF TEMPORARY RATE.—Effective with respect to 
articles entered after December 31, 1983, item 535.13 (as added by 
subsection (a)) is amended by striking out "3.6% ad val." and 
inserting in lieu thereof "3.5% ad val.". 
SEC. 108. PERMANENT DUTY-FREE TREATMENT OF YANKEE DRYER 
CYLINDERS. 
(a) IN GENERAL.—Subpart D of part 4 of schedule 6 is amended by 
inserting immediately after item 668.04 the following new item: 
" 
j 668.05 
I Yankee dryer cylinders 
| Free 
| 
I 35% ad val. 
I ". 
(b) REPEAL.—Item 912.06 of the Appendix is repealed. 
SEC. 109. CERTAIN AIRCRAFT COMPONENTS AND MATERIALS. 
In the case of any aircraft which— 
(1) was previously exported from the United States, 
(2) was composed, at the time of such exportation in part of 
components and materials which are products of the United 
States and which were installed— 
(A) while such aircraft was within the United States, and 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2331 
(B) after such aircraft was operational, 
(3) is returned to the United States after being so exported 
without having been advanced in value or improved in condi-
tion by any process of manufacture or other means while 
abroad, and 
(4) was entered for consumption before 1970, 
the rate of duty provided for in item 694.40 on the date of such entry 
shall, notwithstanding any other provision of law, be assessed upon 
the full value of such aircraft less the value of such components and 
materials; and such entry shall, notwithstanding the provisions of 
section 514 of the Tariff Act of 1930 or any other provision of law, be 19 USC 1514. 
reliquidated on the basis of such assessment. For the purposes of 
this section, the value of any such component or material is the cost 
of such component or material at the time of installation in the 
aircraft plus the cost of such installation. 
SEC. 110. WATCHES. 
(a) PRODUCTS OP INSULAR POSSESSIONS DEFINED.—Paragraph (aXi) i^ use 1202 
of headnote 3 of the (Jeneral Headnotes and Rules of Interpretation "°*® 
is amended by striking out "(or more than 70 percent of the total 
value with respect to watches and watch movements)". 
(b) RATE OF DUTY ON WATCHES.—Headnote 6 of schedule 7, part 2, 
subpart E is amended— 
(1) by striking out "paragraph (b)" in paragraph (a) and 
inserting in lieu thereof "paragraphs O
t
>
) through (h)"; and 
(2) by striking out "an insular possession of the United States 
outside the customs territory of the United States" in para-
graph (a), and inserting in lieu thereof "the Virgin Islands, 
Guam, and American Samoa (hereinafter referred to as the 
'insular possessions')"; and 
(3) by striking our paragraphs 0)) through (d) and inserting in 
lieu thereof the following new paragraphs: 
"(b) Watches and watch movements produced or manufactured in 
a United States insular possession which contain any foreign compo-
nent may be admitted free of duty without regard to the value of the 
foreign materials such watches contain if they conform with the 
provisions of this headnote, but the total quantity of such articles 
entered free of duty shall not exceed the amounts established by or 
pursuant to paragraph (c) of this headnote. 
"(c) Notwithstanding the provisions of paragraph (b) of this head-
note, the provisions of this headnote and the benefits thereunder 
shall not apply to any article containing any material which is the 
product of any country with respect to which column 2 rates of duty 
apply. 
"(dXi) In calendar year 1983 the total quantity of such articles 
which may be entered free of duty shall not exceed 4,800,000 units. 
"(ii) In subsequent calendar years, the Secretary of Commerce and Limitations. 
the Secretary of the Interior (hereinafter referred to as the "Secre-
taries"), acting jointly, shall establish a limit on the quantity which 
may be entered free of duty during the calendar year, and shall 
consider whether such limit is in the best interest of the insular 
possessions and not inconsistent with domestic or internationed 
trade policy considerations. The quantity the Secretaries establish 
in any calendar year under this paragraph shall not— 
"(I) exceed 10,000,000 units, or one-ninth of apparent domestic 
consumption (as determined by the International Trade 0)m-
96 STAT. 2332 
PUBLIC LAW 97-446—JAN. 12, 1983 
Publication in 
Federal 
Register. 
Territorial 
shares. 
Allocations. 
mission pursuant to paragraph (d) of this headnote), whichever 
is greater; 
"(II) be decreased by more than 10 percent of the quantity 
established for the immediately preceding calendar year; and 
"(III) be increased to more than 7,000,000 units, or by more 
than 20 percent of the quantity established for the immediately 
preceding calendar year, whichever is greater. 
"(e) On or before April 1 of each calendar year (beginning with the 
first year in which watch imports from the United States insular 
possessions exceed 9,000,000 units), the International Trade Commis-
sion shall determine the apparent United States consumption of 
watches and watch movements (including solid state timepieces) 
during the preceding calendar year, shall report such determination 
to the Secretaries, and shall publish such determination in the 
Federal Register. 
"(fXi) In calendar year 1983, not more than 3,000,000 units of the 
total quantity of articles described in paragraph (d) which may be 
entered free of duty shall be the product of the Virgin Islands, not 
more than 1,200,000 imits shall be the product of Guam, and not 
more than 600,000 units shall be the product of American Samoa, 
"(ii) For calendar year 1984 and thereafter, the Secretaries may 
establish new territorial shares of the total amount which may be 
entered free of duty, taking into account the capacity of each 
territory to produce and ship its assigned amounts. A territory's 
share in any year shall not be reduced— 
"(I) by more than 200,000 units in calendar year 1984 or 1985, 
and 
"(II) by more than 500,000 units in calendar year 1986 or 
thereafter, except that no territorial share shall be established 
at less than 500,000 units. 
"(g) The Secretaries, acting jointly, shall allocate the calendar 
year duty exemptions provided by paragraphs (b), (d), and (f) of this 
headnote on a fair and equitable basis among producers located in 
the insular possessions, and shall issue appropriate licenses there-
for. Allocations made by the Secretaries shall be final. In making 
the allocations, the Secretaries shall consider the potential impact of 
territorial production on domestic production of like articles and 
shall establish allocation criteria (including minimum assembly 
requirements) that will reasonably maximize the net amount of 
direct economic benefits to the insular possessions. 
"(hXi) In the case of each calendar year beginning after December 
31,1982, and before Jemuary 1,1995, the Secretaries, acting jointly, 
shall-
"(I) verify the wages paid by each producer to permanent 
residents of the insular possessions during the preceding calen-
dar year, and 
"(II) issue to each producer (not later than March 1 of such 
year) a certificate for the applicable amount, 
"(ii) For purposes of subparagraph (i), except as provided in sub-
paragraphs (iii) and (iv), the term 'applicable amount' means an 
amount equal to the sum o
f
— 
"(I) 90 percent of the producer's creditable wages on the 
assembly during the preceding calendar year of the first 300,000 
units, plus 
"(II) the applicable graduated declining percentage (deter-
mined each year by the Secreteries) of the producer's crediteble 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2333 
Certificates. 
wages on the assembly during the preceding calendar year of 
units in excess of 300,000 but not in excess of 750,000. 
"(iii) The aggregate £imount of all certificates which are issued 
during any calendar year shall not exceed an amount which bears 
the same ratio to $5,000,000 as— 
"(I) the gross national product of the United States (as deter-
mined by the Secretary of Commerce) for the preceding calen-
dar year, bears to— 
"(II) the gross national product of the United States (as so 
determined) for 1982. 
"(iv) (I) Subject to the provision of clause (II), if the amount of the 
certificates issued under subparagraph (i) would exceed the limit 
under subparagraph (iii), the applicable amount of each producer's 
certificate shall be reduced proportionately by the amount of such 
excess. 
"(II) The applicable amount of any producer's certificate shall not 
be reduced below the amount determined under subpareigraph (iiXD, 
except that if the application of this clause would result in the 
aggregate amount of the certificates exceeding the limit under 
subparagraph (iii), the applicable amount of each producer's certifi-
cate shall again be reduced proportionately by the amount of the 
excess determined after application of this clause. 
"(v) Any certificate issued under subparagraph (i) shall entitle the Refund. 
certificate holder to secure the refund of duties equal to the face 
value of the certificate on watches, watch movements (including 
solid state timepieces) and, with the exception of discrete cases, 
parts therefor imported into the customs territonr of the United 
States by the certificate holder. Such refunds shall be made under 
regulations issued by the Treasury Department. Not more than 5 
percent of such refunds may be retained as a reimbursement to the 
Customs Service for the administrative costs of making the refunds. 
"(vi) Any certificate issued under subparagraph (i), or any portion 
thereof, shall be negotiable. 
"(vii) Any certificate issued under subparagraph (i) shedl expire 1 
year from the date of issuance and may be applied against duties on 
imports of watches and watch movements the entry of which were 
made within 2 years prior to the date of issuance of the certificate. 
"(viii) For purposes of determining the applicable amount of any 
producer's certificate to be issued during calendar year 1983, the 
greater of— 
"(I) the producer's creditable wages for calendar year 1982, or 
"(II) 60 percent of the producer s creditable wages for calen-
dar year 1981, 
shsill be considered the creditable wages for calendar year 1982. 
"(i) The Secretaries are authorized to issue such regulations, not Regulations. 
inconsistent with the provisions of this headnote, as they determine 
necessary to carry out their respective duties under this headnote. 
Such regulations shall include minimum assembly requirements. 
Any duty-free entry determined not to have been made in accord-
ance with applicable regulations shall be subject to the applicable 
civil remedies and criminal sanctions, and, in addition, the Secretar-
ies may cancel or restrict the license or certificate of any manufac-
turer found in willful violation of the regulations.". 
SEC. 111. PIPE ORGAN PARTS. 
Items 726.60 and 726.62 are amended to read as follows: 
Expiration of 
certificate. 
19 u s e 1202 
note. 
726.60 
Player actions and parts thereof 
| Free 
726.62 
Other 
Free 
60% ad val. 
I 35% ad val. 
96 STAT. 2334 
PUBLIC LAW 97-446—JAN. 12, 1983 
19 use 1202 
note. 
SEC. 
1
1
2
. 
ELIMINATION 
OF 
DUTY 
ON 
TOY 
TEA 
SETS. 
Subpart E of part 5 of schedule 7 is amended by inserting immedi-
ately after item 737.70 the following new item: 
737.73 
Toy tea sets of ceramic ware made 
to the approximate scale of 1 to 
10 or larger 
70% ad val. 
SEC. 113. CLASSIFICATION OF DOLLS AND TOY FIGURES. 
(a) IN GENERAL.—Subpart E of part 5 of schedule 7 is amended— 
(1) by adding at the end of the headnotes thereto the following 
new headnotes: 
"3. For the purposes of the superior heading to items 737.47 and 
737.49 and of item 737.51, 'toy figures of inanimate objects* are only 
imaginary creatures that either— 
"(i) do not possess features of human or other earthly 
creatures; 
"(ii) possess both earthly and non-earthly features but are 
predominantly non-earthly in nature; or 
"(iii) possess features which are a hybrid of features of more 
then one animate object. 
This definition does not cover toy figures of objects which are readily 
recognizable as vegetables, minerals, robots, or machines, whether 
or not such figures possess humanoid or earthly features. 
"4. Items 737.23, 737.28, 737.30, and 737.47 do not include any doll 
or toy that either— 
"(i) will maintain the three dimensional shape of its torso if 
the stuffing or filler is removed, or 
"(ii) is constructed such that the 'filler' material consists of 
one piece (such as one piece of foam rubber) or more than one 
piece that achieves the same effect as one piece. 
"5. For the purposes of items 737.26 and 737.51, 'skins' are the 
outer coverings or shells of those dolls or toy figures which, if 
imported stuffed or filled, would be classified in items 737.23, 737.28, 
737.30, and 737.47, but do not contain stuffing or filling in the torso 
when imported. 
"6. For the purposes of item 737.47, the term 'filled* includes toy 
figures which are not completely filled or are filled with materials 
such as plastic beads or crushed nutshells but which otherwise 
possess the characteristics of toy figures classifiable as 'stuffed'."; 
(2) by redesignating items 737.45 and 737.50 as 737.42 and 
737.43, respectively; and 
(3) by adding in numerical sequence the following new items: 
737.47 
731.49 
737.51 
Toy figures of inanimate objects, 
not having a spring mechEmism: 
Stuffed or filled 
Other 
Skins for toy figures of animate or 
inanimate objects 
13.6% ad val. 
13.6% ad val. 
13.6% ad val. 
7% ad val. 
7% ad val. 
7% ad val. 
70% ad val. 
70% ad val. 
70% ad val. 
(b) APPUCATION WITH OTHER PROVISIONS.— 
(1) The rates of duty in column numbered 1 for items 737.47, 
737.49, and 737.51 (as added by subsection (a)(3)) shall be subject 
to any staged rate reductions for item 737.95 which are pro-
claimed by the President before the 15th day after the date of 
the enactment of this Act. 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2335 
(2) Whenever the rate of duty specified in column numbered 1 
for each of such items 737.47, 737.49, and 737.51 is reduced to 
the same level as the corresponding rate of duty specified in the 
column entitled "LDDC" for such item, or to a lower rate, the 
rate of duty in such "LDDC" column shall be deleted. 
SEC. 114. ELIMINATION OF DUTY ON CASEIN BLANKS. 
(a) IN GENERAL.—Subpart A of part 7 of schedule 7 is amended— 
(1) by striking out "(item 745.40)" in headnote 2(b) of such 
subpart and inserting in lieu thereof "in the superior heading to 
items 745.41 and 745.42"; and 
(2) by striking out item 745.40 and inserting in lieu thereof 
the following: 
745.41 
745.42 
Button blanks and molds, 
parts of buttons: 
Button blanks of casein 
Other 
Free 
22.1% ad val. 
45% ad val. 
45% ad val. 
(b) APPLICATION WITH OTHER PROVISIONS.— 
(1) The rate of duty in column numbered 1 for item 745.42 of 
the Tariff Schedules of the United States (19 U.S.C. 1202) (as 
added by subsection (aX2)) shall be subject to any staged rate 
reductions for item 745.40 which were proclaimed by the Presi-
dent before the 15th day after the date of the enactment of this 
Act. 
(2) Whenever the rate of duty specified in the column num-
bered 1 for such item 745.42 is reduced to the same level as the 
corresponding rate of duty specified in the column entitled 
"LDDC" for such item, or to a lower level, the rate of duty in 
the column entitled "LDDC" shsill be deleted from such 
Schedules. 
(3) For purposes of the Trade Act of 1974, the amendments 
made by this section (not including the rates of duty in column 
numbered 2 of such Schedules) shall be considered to be 
trade agreement obligations entered into and proclaimed 
under the Trade Act of 1974 of benefit to foreign countries or 
instrumentalities. 
SEC. 115. INCREASE IN VALUE LIMITATIONS FOR DUTY-FREE IMPORTA-
TIONS OF PERSONAL ARTICLES BY RETURNING UNITED 
STATES RESIDENTS. 
(a) IN GENERAL.—Subpart A of part 2 of schedule 8 is amended— 
(1) by striking out "$300" in item 813.30 and inserting in lieu 
thereof "$400"; and 
(2) by striking out "$600" and "$300" in item 813.31 and 
inserting in lieu thereof "$800" and "$400", respectively. 
(b) AMENDMENTS TO TARIFF ACT OF 1930.—Section 321(a)(2)(A) of 
the Tariff Act of 1930 (19 U.S.C. 1321 (aX2XA)) is amended by striking 
out "$25" and "$40" and inserting in lieu thereof "$50" and "$100'\ 
respectively. 
(c) EFFECTIVE DATE.—The amendments made by this section shall 
apply with respect to returning residents of the United States who 
arrive in the United States on or after the 15th day after the date of 
the enactment of this Act. 
SEC. 116. MATERIALS CERTIFIED BY NASA. 
(a) IN GENERAL.—Subpart A of part 3 of schedule 8 is amended— 
19 use 1202 
note. 
19 use 2101. 
19 use 1321 
note. 
96 STAT. 2336 
PUBLIC LAW 97-446—JAN. 12, 1983 
19 use 1202 
note. 
(1) by inserting immediately after "Subpart A—United States 
Government" the following headnote: 
"Subpart A headnote: 
"1. With respect to item 837.00, the return of materials from space 
by the National Aeronautics and Space Administration shall not be 
considered an importation, and an entry of such materials shall not 
be required."; and 
(2) by adding immediately after item 836.00 the following new 
item: 
Articles for the National Aeronau-
tics and Space Administration 
and 
articles 
imported 
to 
be 
launched 
into 
space 
under 
launch services agreements with 
the National Aeronautics and 
Space Administration: 
Materials certified by it to the 
Commissioner of Customs to 
be imported to be launched 
into space, spare parts, or 
necessary and unicjuely asso-
ciated support equipment for 
use in connection with a 
launch into space 
837.00 
Free 
Free 
(b) TERMINATION.—Item 837.00 (as added by subsection (a)) shall 
not apply to articles entered, or withdrawn from warehouse for 
consumption, after December 31,1994. 
SEC. 117. PRAYER SHAWLS. 
Part 4 schedule 8 is amended— 
(1) by striking out "and 854.20," in headnote 1 to such part 
and inserting in lieu thereof "854,20, and 854.30,"; and 
(2) by inserting after item, 854.20 the following new item: 
Prayer shawls, bags for the keep-
ing of prayer shawls, and head-
wear of a kind used for public or 
private 
religious 
observances, 
whether or not any of the forego-
ing is imported for the use of a 
religious institution 
Free 
Free 
SEC. 118. INCREASE IN VALUE LIMITATIONS APPLICABLE TO INFORMAL 
ENTRIES OF IMPORTED MERCHANDISE. 
The article description immediately preceding item 869.00 is 
amended by striking out "$600" and inserting in lieu thereof 
"$1,000". 
SEC. 119. CERTAIN METAL WASTE AND SCRAP. 
(a) IN GENERAL.—Part 7 of schedule 8 is amended— 
(1) by inserting the following new headnote immediately after 
headnote 2 to such part: 
"3. (a) Items 870.50 and 870.55 shall not apply when the market 
price of copper is under 51 cents per pound. 
"(b) For purposes of subparagraph (a), the market price of copper 
has the meaning assigned to it by headnote 5(b) of the headnotes to 
schedule 6, part 2, subpart C. 
"(c) For purposes of subparagraph (a), the market price of copper 
shall be considered to be under 51 cents per pound only on and after 
the twentieth day after the date of a report by the United States 
International Trade Commission to the Secretary of the Treasury 
that it has determined that the market price has been under 51 
cents per pound for one calendar month. After any such report, the 
market price shall be considered as not being under 51 cents per 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2337 
pound only on and after the twentieth day after the date of a report 
by the Commission to the Secretary that it has determined that the 
market price has been 51 cents or more per pound for one calendar 
month. 
"(d) Determinations by the Commission under this headnote shall 
be made in the manner prescribed by headnote 5(c) to schedule 6, 
part 2, subpart C"; and 
(2) by inserting immediately after item 870.45 the following: 
870.50 
Metal waste and scrap (provided 
for in part 2, schedule 6), except 
lead, zinc, and tungsten waste 
and 
scrap; 
unwrought 
metal 
including 
remelt 
scrap 
ingot 
(except copper, lead, zinc, and 
tungsten) in the form of pigs, 
ingots, or billets (a) which are 
defective or damaged, or have 
been produced from melted down 
metal waste and scrap for con-
venience in handling and trans-
portation 
without 
sweetening, 
ailo^ng, fluxing, or deliberate 
purifying, and (o) which cannot 
be commercially used 
without 
remanufacture; relaying or re-
rolling rails; and articles of metal 
(except articles of lead, of zinc, 
or of tungsten, and not including 
metal-bearing materials provided 
for in schedule 4 or in part 1 of 
schedule 6 and not 
including 
unwrought metal provided for in 
part 2 of schedule 6) to be used 
m remanufacture by melting or 
to be processed by shreddting, 
shearing, compacting, or similar 
processing which renders them 
fit only for the recovery of the 
metal content:. 
Other 
Rates of Duty 
1-a 
Free 
Free 
1-b 
The column 
1-b rate 
applicable in 
the absence 
of this item 
The column 
1-b rate 
applicable in 
the absence 
of this item 
2 
The column 2 
rate 
applicable in 
the absence 
of this item 
The column 2 
rate 
applicable in 
the absence 
of this item 
Rates of Duty 
1 
Free 
2 
Free 
19 use 1202 
note. 
870.60 
(b) CONFORMING AMENDMENT.—Headnote 5(a) to subpart C of part 
2 of schedule 6 is amended by inserting "and for items 870.50 and 
870.55," immediately after "In this subpart,". 
(c) REPEALS.—Subpart B of part 1 of the Appendix is amended— 
(1) by striking out "911.10, 911.11," in headnote 3(a) to such 
subpart; and 
(2) by striking items 911.10, 911.11, and 911.12 and the 
superior heading to such items. 
SEC. 120. TEMPORARY SUSPENSION OF DUTY ON CERTAIN BULK FRESH 
CARROTS. 
Subpart B of part 1 of the Appendix is amended— 
96 STAT. 2338 
PUBLIC LAW 97-446—JAN. 12, 1983 
19 use 1202 
note. 
(1) by striking out headnote 2 and inserting in lieu thereof the 
following: 
"2. For purposes of item 903.25— 
"(a) the term 'culled carrots' refers to those carrots which fail 
to meet the requirements of the United States Department of 
Agriculture for carrots of grades 'U.S. No. 1' or 'U.S. No. 2' (See 
7 CFR sections 2851.4141 and 2851.4142); and 
"(b) the total quantity of carrots which may be entered under 
item 903.25 during the period specified in that item shall not 
exceed 20,000 tons."; and 
(2) by inserting in numerical sequence the following new item: 
903.25 
Culled carrots, fresh or chilled in 
immediate containers each hold-
ing more than 100 pounds (pro-
vided for in item 135.42, part 8d, 
schedule 1) if entered for con-
sumption during the period from 
August 15 in any year, to the 
15tn day of the following Febru-
ary inclusive 
Free 
No change 
On or before 
12/31/84 
SEC. 121. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN 
RED PEPPERS. 
Item 903.60 of subpart B of part 1 of the Appendix is amended by 
striking out "6/30/81" and inserting in lieu thereof "6/30/85". 
SEC. 122. TEMPORARY SUSPENSION OF DUTY ON CANTALOUPES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
903.65 
Cantaloupes, 
fresh, 
if entered 
during the period from January 
1 to May 15, inclusive of any 
year (provided for in items 148.12 
and 148.17 part 9B, schedule 1) 
Free 
No change 
On or before 
5/15/85 
SEC. 123. TEMPORARY SUSPENSION OF DUTY ON CAROB FLOUR. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
Carob flour (provided for in item 
152.05, part 90, schedule 1) 
Free 
No change 
On or before 
12/31/84 
SEC. 124. TEMPORARY SUSPENSION OF DUTY ON HATTERS* FUR. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
903.85 
Fur, not on the skin, prepared for 
hatters' use (provided for in item 
186.20) 
Free 
No change 
On or before 
12/31/85 
SEC. 125. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON WOOD 
EXCELSIOR. 
Item 904.00 of the Appendix is amended by striking out "6/30/81" 
and inserting in lieu thereof "6/30/83". 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2339 
SEC. 126. TEMPORARY SUSPENSION OF DUTY ON NEEDLECRAFT DISPLAY 
MODELS. 
Subpart B of part 1 of the Appendix is amended as follows: 
(1) The headnotes to such subpart are amended by adding at 
the end thereof the following new headnote: 
"5. For the purposes of the superior heading to items 906.10 and 
906.12, the term 'mass-produced kits' includes only those which are 
designed to be sold in the customs territory of the United States 
exclusively in kit form.". 
(2) The following new superior heading and new items are 
inserted in numerical sequence: 
906.10 
906.12 
Needl»«raft displav models, pri-
marily hand stitcned, of completp 
ed maas-produoed kita: 
Articles provided for in items 
855.16, 860.70, 860.78, 864.18, 
364.23, 364.30, 365.78, 865.84 
365.86, 366.79, 367.84, 367.55, 
367.60, 386.04, 386.06, 386.09, 
386.50, 388.40, and 889.62 of 
achedule 
3 
(eicept 
shoe 
uppers and tents) 
Aprons and baby bibs (provided for 
in items 383.03, 383.08, 383.20, 
and 388.50 of schedule 3) 
Free 
Free 
No change 
No change 
On 
or 
before 
6/30/85 
On 
or 
before 
6/30/85 
SEC. 127. TEMPORARY SUSPENSION OF DUTY ON P<HYDROXYBENZOIC 
ACID. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.00 
F-Hydrosybenzoic Acid (provided 
for in item 404.44, part 1, sched-
ule 4) 
Free 
No change 
On 
or 
before 
9/30/85 
SEC. 128. TEMPORARY SUSPENSION OF DUTY ON TRIPHENYL PHOSPHATE 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.01 
Triphenyl 
in item ' 
4) 
>hoephate (provided for 
04.48, part IB, schedule 
Free 
No change 
On 
or 
before 
9/30/85 
SEC. 129. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON BIS (4-
AMINOBENZOATE)-!^ 
PROPANEDIOL 
(TRIMETHYLENE 
GLYCOL DI-P-AMINOBENZOATE). 
Item 907.05 of the Appendix is amended— 
(1) by striking out "however provided for in items 402.36 
through 406.63" and inserting in lieu thereof "provided for in 
item 405.07"; and 
(2) by striking out "6/30/83" and inserting in lieu thereof 
"6/30/84". 
SEC. 130. TEMPORARY SUSPENSION OF DUTY ON 4-CHLORO-3-METHYL-
PHENOL. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
19 use 1202 
note. 
96 STAT. 2340 
PUBLIC LAW 97-446—JAN. 12, 1983 
19 use 1202 
note. 
907.08 
4-chIoro^methylphenol (CAS No. 
59-50-7) (provided for in item 
403.56, part IB, schedule 4) 
Free 
No change 
On or before 
6/30/84 
SEC. 131. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN 
PHOTOGRAPHIC COUPLERS. 
Items 907.10 and 907.12 of the Appendix are amended by striking 
out "6/30/82" and inserting in lieu thereof "9/30/85". 
SEC. 132. TEMPORARY SUSPENSION OF DUTY ON ETHYLBIPHENYL. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.14 
Mixtures of 3-ethylbiphenyl (meth-
ylbiphenyl) and 4-ethylbiphenyl 
(P-ethylbiphenyl) (provided for in 
item 407.16, part IB, schedule 4)... Free 
No change 
On or before 
6/30/85 
SEC. 133. TEMPORARY REDUCTION OF DUTY ON DICOFOL. 
(a) IN GENERAL.—Subpart B of part 1 of the Appendix is amended 
by inserting in numerical sequence the following new item: 
907.15 
1,1-Bis 
(4-Chlorophenyl)-2,2,2,-tri-
chloroethanol (Dicofol) (provided 
for 
in item 408.28, part 10, 
schedule 4) 
10.3% ad val. 
7«per 
lb.+41% ad 
val. 
On or before 
9/30/85 
Date: 
January 1, 1984. 
January 1, 1985. 
(b) PHASE-DOWN OF TEMPORARY RATE.—Effective with respect to 
articles provided for in item 907.15 (as added by subsection (a)) that 
are entered, or withdrawn from warehouse for consumption, on and 
after each of the dates set forth below, column 1 for such item is 
amended by striking out the rate of duty in effect on the day before 
such date and inserting in lieu thereof the rate of duty appearing 
below next to each such date: 
Rate of duty: 
9.5% ad val. 
8.6% ad val. 
(c) SPECIAL RATE FOR LEAST DEVELOPED DEVELOPING COUNTRIES.— 
The rate of duty on an article provided for in such item 907.15 that 
is— 
(1) entered, or withdrawn from warehouse for consumption on 
or after the effective date of the amendment made by subsection 
(a) and before October 1,1985; and 
(2) a product of a least developed developing country; 
shall be 6.9 percent ad valorem. 
(d) RETROACTIVE PROVISION.—In the case of the application of the 
amendments made by this section to any entry— 
(1) which was made before the 15th day after the date of the 
enactment of this Act; 
(2) which was unliquidated, or the liquidation of which was 
not final, on such day; and 
(3) with respect to which there would have been less duty if 
the amendments made by this section applied to such entiy; 
such entry shall be liquidated as though such entry had been made 
on such 15th day. 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2341 
SEC. 134. TEMPORARY SUSPENSION OF DUTY O
N UNCOMPOUNDED ALLYL 
RESINS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
id use 1202 
numerical sequence the following new item: 
°°*® 
907.16 
Allyl reems, uncompounded (pro-
d d e d for in item 408.96, part IC, 
schedule 4) 
~ » — FVee 
No change 
On or before 
9/30/84 
SEC. 135. TEMPORARY SUSPENSION OF DUTY ON SULFAPYRIDINE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.17 
Sulfawridine (provided for in item 
4U.% part IC, schedule 4) 
Free 
Free 
On or before 
12/31/85 
SEC. 136. TEMPORARY REDUCTION OF DUTY ON SULFATHIAZOLE. 
(a) Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.19 
Sulfathiazole (provided for in item 
411.80) 
13.3% ad val. 
li per lb. + 
80% ad val. 
12/31/83 
(b) During such time as item 907.22 (as added by subsection (a)) is 
in effect, the rate of duty on sulfathiazole that is a product of a least 
developed developing country shall be 8 percent ad valorem. 
(c) (1) With respect to articles entered after December 31, 1983, 
and before January 1,1985, item 907.22 is amended by striking out 
"13.3% ad val." and inserting in lieu thereof "11.9% ad val.", and by 
striking out "12/31/83" and insertmg in lieu thereof "12/31/84". 
(2) With respect to articles entered after December 31, 1984, and 
before Januaiy 1, 1986, item 907.22 is amended by striking out 
"11.9% ad val. and inserting in lieu thereof "10.6% ad val.", and by 
striking out "12/31/84" and inserting in lieu thereof "12/31/85". 
SEC. 137. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON DOXO-
RUBICIN HYDROCHLORIDE. 
Item 907.20 of the Appendix is amended by striking out "6/30/82" 
and insertmg in lieu thereof "6/30/88". 
SEC. 
1
3
8
. 
TEMPORARY 
REDUCTION 
OF 
DUTY 
ON 
CAFFEINE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
907.22 
Caffeine 
(provided for in 
item 
437.02, part 3B. schedule 4). 
6% ad val. 
No change 
On or before 
12/31/83 
SEC. 139. TEMPORARY SUSPENSION OF DUTY ON TARTARIC ACID AND 
CERTAIN TARTARIC CHEMICALS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following items: 
96 STAT. 2342 
PUBLIC LAW 97-446—JAN. 12, 1983 
907.65 
907.66 
907.68 
907.69 
Tartaric acid (provided for in item 
425.94, part 2D, schedule 4) 
Potassium salts: Antimony tartrate 
(tartar emetic) (provided for in 
item 426.72, part 2D, schedule 4)... 
Cream of tartar (provided for in 
item 426.76, part 2D, schedule 4).. 
Sodium tartrate (Rochelle salts) 
(provided for in item 426.82, part 
2D, schedule 4) 
Free 
Free 
Free 
Free 
No change 
No change 
No change 
No change 
On or 
before 
6/30/84 
O n or 
before 
6/30/84 
On or 
before 
6/30/84 
O n or 
before 
6/30/84 
19 use 1202 
note. 
SEC. 1
4
0
. 
EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON NATU-
RAL 
GRAPHITE. 
Item 909.01 of the Appendix is amended by striking out "6/30/81" 
and inserting in lieu thereof "12/31/84". 
SEC. 141. TEMPORARY SUSPENSION OF DUTY ON COPPER SCALE. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
911.05 
0>pper scale (provided for in item 
6()3.70, part 1, schedule 6) 
Free 
No change 
On or before 
12/31/85 
SEC. 142. CHIPPER KNIFE STEEL. 
Item 911.29 is amended— 
(1) effective with respect to articles entered on or after Octo-
ber 1,1982, and before January 1,1983, by striking out "4.6% ad 
val." and inserting in lieu thereof "4.4% ad val.", and by 
striking out "9/30/82" and inserting in lieu thereof "12/31/82"; 
(2) effective with respect to articles entered after December 
31, 1982, and before January 1, 1984, by striking out "4.4% ad 
val." and inserting in lieu thereof "4.2% ad val.", and by 
striking out "12/31/82" and inserting in lieu thereof "12/31/ 
83"; 
(3) effective with respect to articles entered after December 
31, 1983, and before January 1, 1985, by striking out "4.2% ad 
val." and inserting in lieu thereof "4.0% ad val.", and by 
striking out "12/31/83" and inserting in lieu thereof "12/31/ 
84"; and 
(4) effective with respect to articles entered after December 
31,1984, and before April 1,1985, by striking out "4.0% ad val." 
and inserting in lieu thereof "3.9% ad val.", and by striking out 
"12/31/84" and inserting in lieu thereof "3/31/85". 
SEC. 143. TEMPORARY SUSPENSION OF DUTY ON CERTAIN FREIGHT CON-
TAINERS. 
Subpart B of part I of the Appendix is amended by inserting in 
numerical sequence the following new item: 
911.80 
Freight 
containers 
specially de-
signed and equipped to facilitate 
the carriage of goods by one or 
more modes of transport without 
intermediate 
reloading, 
each 
having a gross mass rating of at 
least 40,000 pounds (provided for 
in item 640.30, part 3A, schedule 
6) 
No change 
On or before 
12/31/86 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2343 
note. 
SEC. 144. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON COBALT. 
Item 911.90 of the Appendix is amended by striking out "6/30/82" 
1
9 use 1202 
and inserting in lieu thereof "6/30/83". 
SEC. 145. TEMPORARY SUSPENSION OF DUTY ON CERTAIN CLOCK RADIOS. 
Subpart B of part 1 of the Appendix is amended— 
(1) by adding at the end of the headnotes to such subpart the 
following new headnote: 
"6. For the purposes of item 911.95, the term 'entertainment 
broadcast band receivers' means receivers designed principally to 
receive signals in the AM (530-1710 KHz) and FM (88-108 MHz) 
entertainment broadcast bands, whether or not capable of receiving 
signals on other bands such as aviation, television, marine, public 
ssBety, industrial, and citizens bands."; and 
(2) by inserting in numerical sequence the following new item: 
911.95 
Entertainment broadcast band re-
ceivers valued not over $40 each 
(however provided for in sched-
ule 6), incorporating timekeeping 
or time display devices, not in 
combination with any other arti-
cle, and not designed for motor 
vehicle installation 
Free 
No change 
On or before 
9/30/84 
SEC. 146. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON BICYCLE 
PARTS. 
(a) GENERATOR LIGHTING SETS.—Item 912.05 of the Appendix is 
amended by striking out "6/30/83" and inserting in lieu thereof "6/ 
30/86". 
(b) OTHER PARTS.—Item 912.10 of the Appendix is amended— 
(1) by deleting "click stick levers," and inserting in lieu 
thereof "trigger and twist grip controls for three-speed hubs,"; 
(2) by inserting "including cable or inner wire for caliper 
brakes and casing therefor, whether or not cut to length," 
immediately after "parts of all the foregoing,"; and 
(3) by striking out "6/30/83" and inserting in lieu thereof "6/ 
30/86< 
SEC. 147. TEMPORARY SUSPENSION OF DUTY ON HEAT-SET, STRETCH 
TEXTURING MACHINES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
912.07 
Machines designed for heat-set, 
stretch texturing of continuous 
man-made fibers (provided for in 
item 670.06, part 4£, schedule 6).. Free 
No change 
On or before 
12/31/85 
SEC. 148. TEMPORARY SUSPENSION OF DUTY ON HOSIERY KNITTING 
MACHINES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
912.08 
Single cylinder fine gauge hosiery 
knitting machines and double 
cylinder jacquard hosiery knit-
tmg machines (provided for in 
items 670.16 and 670.18, part 4E, 
schedule 6) 
Free 
No change 
On or before 
9/30/85 
96 STAT. 2344 
PUBLIC LAW 97-446—JAN. 12, 1983 
19 u s e 1202 
note. 
SEC. 149. TEMPORARY SUSPENSION OF DUTY ON DOUBLE-HEADED LATCH 
NEEDLES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
Double-headed latch needles (pro-
vided for in item 670.58, part 4E, 
schedule 6) 
Free 
No change 
On or before 
6/30/85 
SEC. 150. TEMPORARY SUSPENSION OF DUTY ON PROSTHESES. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
912.15 
Externally-powered electric pros-
thetic devices for amputees (pro-
vided for in item 709.57, part 2B, 
schedule 7), and parts thereof 
Free 
No change 
On or before 
9/30/84 
SEC. 151. TEMPORARY SUSPENSION OF DUTY ON SMALL TOYS. 
Subpart B of part 1 of the Appendix is amended by inserting in 
numerical sequence the following new item: 
912.20 
Articles provided for in parts 5D 
and 5E of schedule 7 (except bal-
loons, marbles, dice, and diecast 
vehicles), valued not over five 
cents per unit; and jewelry pro-
vided for in part 6A of schedule 
7 (except parts), valued not over 
1.6 cents per piece 
Free 
No change 
On or before 
12/31/86 
SEC. 152. TEMPORARY SUSPENSION OF DUTY ON CERTAIN DOLLS AND 
TOY FIGURES. 
Subpart B of part 1 of the Appendix is amended by inserting at 
the end thereof the following new items: 
912.80 
912.34 
912.36 
Stuffed 
dolls (with or 
without 
clothing) 
and 
doll 
skins 
for 
stuffed dolls (provided for respec-
tively in items 737.21, 737.23 and 
737.26. part 5E, schedule 7) 
Stuffed or filled toy figures of in-
animate objects not having a 
spring mechtmism (provided for 
in item 737.47, part 5E, schedule 
7) 
Skins for stuffed toy figures of ani-
mate and inanimate objects (pro-
vided for in item 737.51, part 5E, 
schedule 7) 
Free 
Free 
Free 
No change 
No change 
No change 
On or before 
12/31/85 
On or before 
12/31/85 
On or before 
12/31/85 
SEC. 153. 2-YEAR EXTENSION OF THE INTERNATIONAL SUGAR AGREE-
MENT. 
Section 2 of the Act entitled "An Act providing for the implemen-
tation of the International Sugar Agreement, 1977, and for other 
purposes" (Public Law 96-236; 7 U.S.C. 3602) is amended by striking 
out "1983" and inserting in lieu thereof "1985". 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2345 
SEC. 154. 1-YEAR EXTENSION OF THE INTERNATIONAL COFFEE AGREE-
MENT. 
Section 2 of the International Coffee Agreement Act of 1980 (19 
U.S.C. 1356k) is amended by striking out "the expiration of this joint 
Ante, p. 1204. 
resolution" and inserting in lieu thereof "October 1,1983". 
SEC. 155. UPLAND COTTON. 
Section 103(fK3) of the Agricultural Act of 1949 (7 U.S.C. 1444(fK3)) 
shall be effective for the 1982 through 1985 crops of upland cotton 
amended to read as follows: 
"(3) Notwithstanding any other provision of law, any upland 
cotton described in items 955.01 through 955.03 of the Appendix to 
the Tariff Schedules of the United States (19 U.S.C. 1202) imported 
into the United States during the period of time when a special 
quota established under this subsection is in effect shall be deemed 
to be an import under such special quota until the special quota is 
filled and any such cotton shall be free of duty.". 
SEC. 156. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsection (b) and sections 
109, 115, and 133, the amendments made by this subtitle shall apply 
to articles entered on or after the 15th day after the date of the 
enactment of this Act. 
(b) RETROACTIVE APPUCATION.— 
(1) IN GENERAL.—Notwithstanding section 514 of the Tariff 
Act of 1930 or any other provision of law, upon proper request 
19 USC 1514. 
filed with the customs officer concerned on or before the 90th 
day after the date of the enactment of this Act, the application 
of the amendments made by this Act to the entry of any article 
described in paragraph (2) shall be treated as provided in such 
paragraph. 
(2) APPUCABLE SECTIONS.—In the case of the application of the 
amendment made by section 102, 107, 108, 119, 121, 125, 131, 
137,139,140,142, or 144 to any entry— 
(A) which was made after the applicable date and before 
the 15th day after the date of the enactment of this Act; 
and 
(B) with respect which there would have been do duty or 
a lesser duty if the amendment made by such section 
applied to such entry; 
/ such entry shall be liquidated or reliquidated as though such 
entry had been made on the 15th day after the date of the 
enactment of this Act. 
(3) APPUCABLE DATE.—For purposes of paragraph (2), the term 
"applicable date" means— 
(A) in the case of section 139, June 30,1980; 
(B) in the case of section 102, March 31,1981; 
(C) in the case of sections 107, 119,121,125, and 140, June 
30,1981; 
(D) in the case of section 108, December 31,1981; 
(E) in the case of sections 131,137, and 144, June 30,1982; 
and 
(F) in the case of section 142, September 30,1982. 
(c) DEFINITIONS.—For purposes of this subtitle— 
(1) the term "entered" means entered, or withdrawn from 
warehouse for consumption, in the customs territory of the 
United States; and 
96 STAT. 2346 
PUBLIC LAW 97-446—JAN. 12, 1983 
(2) the term "entry" includes any withdrawal from warehouse 
for consumption. 
Educational, 
Scientific, and 
Cultural 
Materials 
Importation Act 
of 1982. 
19 use 1202 
note. 
SUBTITLE B—IMPLEMENTATION OF NAIROBI PROTOCOL 
SEC. 161. SHORT TITLE, ETC. 
(a) SHORT TITLE.—This subtitle may be cited as the "Educational, 
Scientific, and Cultural Materials Importation Act of 1982". 
(b) PURPOSE.—The purpose of this subtitle is to enable the United 
States to give effect to the Nairobi Protocol to the Florence Agree-
ment on the Importation of Educational, Scientific, and Cultural 
Materials (opened for signature on March 1, 1977) with a view to 
contributing to the cause of peace through freer exchange of ideas 
and knowledge across national boundaries. 
SEC. 162. BOOKS, PUBLICATIONS, AND DOCUMENTS. 
Part 5 of schedule 2 is amended— 
(1) by inserting, in numerical sequence, the following new 
item: 
Catalogs of films, recordings or 
other visual and auditory mate-
rial of an educational, scientific, 
or cultural character 
Free 
(2) by striking out items 273.45 through 273.55, and the 
superior heading thereto, and inserting in lieu thereof the 
following: 
273.52 
Architectural 
engineering, indus-
trial, or commercial drawings and 
plans, whether originals or re-
productions 
Free 
Free 
and 
(3) by inserting immediately below the phrase "Printed not 
over 20 years at time of importation:" and above (and at the 
same hierarchical level as) "Lithographs on paper:" the follow-
ing new item: 
274.55 
Loose 
illustrations, 
reproduction 
proofs or reproduction films used 
for the production of books 
Free 
SEC. 163. VISUAL AND AUDITORY MATERIALS. 
(a) PHOTOGRAPHIC FILM.—Part 5 of schedule 2 is amended— 
(1) by inserting the phrase "(including developed photograph-
ic film; photographic slides; transparencies; holograms for laser 
projection; and microfilm, microfiche, and similar articles)" 
immediately after "Photographs" in the superior heading to 
items 274.50 through 274.70, and 
(2) by adding, in numerical sequence, the following new item: 
Developed photographic film; pho-
tographic slides; transparencies; 
holograms for laser projection; 
and microfilm, microfiche, and 
similar articles 
(b) MOTION PICTURE FILMS.—Subpart G of part 2 of schedule 7 is 
amended— 
(1) by striking out "724.05 and 724.10" in headnote 1 and 
inserting in lieu thereof "724.07 and 724.22", 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2347 
(2) by striking out headnote 2, 
(3) by striking out items 724.05 and 724.10, and the superior 
heading thereto, and inserting in lieu thereof the following: 
Motion-picture films in any form 
on which pictures, or sound and 
pictures, have been recorded, 
whether or not developed 
Free 
Free 
(4) by striking out items 724.15 through 724.40 and inserting 
in lieu thereof the following new item: 
Sound 
recordings, 
combination 
sound and visual recordings, and 
magnetic recordings not provided 
for in the foregoing provisions of 
this subpart 
Free 
FVee 
and 
(5) by striking out the rates of duty appearing in rate columns 
1, LDDC, and 2 for item 724.12 and inserting "Free" in rate 
columns numbered 1 and 2. 
(c) PATTERNS, MODELS, ETC.—Part 7 of schedule 8 is amended— 
(1) by striking out headnote 1 and redesignating headnote 2 as 
headnote 1, 
(2) by striking out item 870.30, and 
(3) by inserting, in numerical sequence, the following new 
item: 
19 use 1202 
note. 
870.35 
Patterns, models (except toy models) and wall charts 
of an educational, scientific or cultural character, 
mock-up or visualizations of abstract concepts such 
as molecular structures or mathematical formulae; 
materials for programed instruction; and kits con-
taining printed materials and audio materials and 
visual materials or any combination of two or 
more of the foregoing 
Free 
Free 
SEC. 164. TOOLS FOR SCIENTIFIC INSTRUMENTS OR APPARATUS. 
Part 4 of schedule 8 is amended by adding in numerical sequence, 
the following new item: 
Tools specially designed to be used for the mainte-
nance, checkine, gauging or repair of instruments 
or apparatus admitted under item 851.60 
Free 
SEC. 165. ARTICLES FOR THE BLIND OR OTHER HANDICAPPED PERSONS. 
(a) EuMiNATiON OF DuTY.—Subpart D of part 2 of schedule 8 is 
amended by striking out items 825.00, 826.10, and 826.20. 
(b) SPECIALLY DESIGNED ARTICLES.—Part 7 of schedule 8 is 
amended— 
(1) by inserting, in numerical sequence, the following new 
items: 
Articles specitdly designed or adapted for the use or 
benefit of the olind or other physically or mentally 
handicapped persons: 
Articles for the blind: 
Books, music, and pamphlets, in raised print, 
used exclusively by or for them 
Braille tablets, cubarithms, and special appa-
ratus, machines, presses, and types for 
their use or benefit exclusively 
Other 
870.50 
870.55 
870.60 
Free 
Free 
Free 
Free 
Free 
Free 
and 
(2) by adding the following new headnote: 
'2. For the purposes of items 870.50, 870.55, and 870.60-
96 STAT. 2348 
PUBLIC LAW 97-446—JAN. 12, 1983 
"Physically or 
"(a) The term 'physically or mentally handicapped persons* 
iT^ndkia^ ed 
includes any person suffering from a permanent or chronic 
persons."^^ 
physical or mental impairment which substantially limits one 
or more major life activities, such as caring for one's self, 
performing manual tasks, walking, seeing, hearing, speaking, 
breathing, learning, eind working. 
"(b) These items do not cover— 
"(i) articles for acute or transient disability; 
"(ii) spectacles, dentures, and cosmetic articles for indi-
viduals not substantially disabled; 
"(iii) therapeutic and diagnostic articles; or 
"(iv) medicine or drugs.", 
(c) STATISTICAL INFORMATION.—The Secretary of the Treasury, in 
conjunction with the Secretary of Commerce, shall take such actions 
as are necessary to obtain adequate statistical information with 
respect to articles to which the amendments made by this section 
apply. 
SEC. 166. AUTHORITY TO LIMIT CERTAIN 
DUTY-FREE 
TREATMENT 
ACCORDED UNDER THIS ACT. 
(a) AUTHORITY TO LIMIT.— 
(1) IN GENERAL.—In addition to any authority under section 
201 of the Trade Act of 1974 (19 U.S.C. 2251), the President may 
proclaim changes in the Tariff Schedules of the United States 
(19 U.S.C. 1202) to narrow the scope of, or place conditions upon, 
the duty-free treatment accorded under section 164, section 165, 
or section 167(b) (insofar as section 167(b) relates to temporary 
duty-free treatment of articles covered by sections 164 and 165) 
with respect to any tjrpe of article the duty-free treatment of 
which— 
(A) has significant adverse impact on a domestic industry 
(or portion thereof) manufacturing or producing a like or 
directly competitive article, and 
(B) is not provided for in the Florence Agreement or the 
Nairobi Protocol. 
(2) RATES WHICH ARE TO TAKE EFFECT IF DUTY-FREE TREATMENT 
EUMiNATED.—If the President eliminates any duty-free treat-
ment under paragraph (1), the rate of duty thereafter applicable 
to any article which is— 
(A) affected by such action, and 
(B) imported from cuiy source, 
shall be the rate proclaimed by the President as the rate 
applicable to such article from such source (determined without 
regard to this subtitle). 
(b) RESTORATION OF TREATMENT.—If the President determines that 
any duty-free treatment which is no longer in effect because of 
action taken under subsection (a) could be restored in whole or in 
part without a resumption of significant adverse impact on a domes-
tic industry or portion thereof, the President may proclaim changes 
to the Appendix to the Tariff Schedules of the United States to 
resume such duty-free treatment. 
(c) OPPORTUNITY TO PRESENT VIEWS.—Before taking an action 
authorized by subsection (a) or (b), the President shall afford an 
opportunity for interested Government agencies and private persons 
to present their views concerning the proposed action. 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2349 
SEC. 167. EFFECTIVE DATE; TEMPORARY DUTY-FREE TREATMENT. 
(a) IN GENERAL.—The amendments made by sections 162,163,164, 
and 165 shall apply with respect to articles entered, or withdrawn 
from warehouse for consumption, on or after the date which the 
President proclaims as the date on which he ratifies the Nairobi 
Protocol to the Florence Agreement on the Importation of Educa-
tional, Scientific, and Cultural Materials. 
(b) TEMPORARY DUTY-FREE TREATMENT.— 
(1) ARTICLES FOR THE BUND OR OTHER HANDICAPPED PERSONS.— 
Subject to the provisions of paragraph (3) and section 166, the 
President shall proclaim changes to the Appendix to the Tariff 
Schedules of the United States (19 U.S.C. 1202) to implement 
the provisions of section 165 with respect to articles entered, or 
withdrawn from warehouse for consumption, during the two 
and one-half-year period beginning on the thirtieth day follow-
ing the date of the enactment of this subtitle. 
(2) OTHER ARTICLES.—Subject to the provisions of paragraph 
(3) and section 166, the President, if he deems such action to be 
in the interest of the United States, may proclaim further 
changes to the Appendix to the Tariff Schedules of the United 
States to implement any provision of section 162, 163, or 164 
with respect to articles entered, or withdrawn from warehouse 
for consumption, during any period beginning on or after the 
thirtieth day following the date of the enactment of this subtitle 
and ending not later than two and one-half years after such 
beginning date. 
(3) TIME PROVISIONS CEASE TO HAVE EFFECT.—If any temporary 
duty-free treatment accorded under paragraph (1) or (2) has not 
yet expired, such treatment shall cease to be effective on and 
after the date proclaimed by the President pursuant to subsec-
tion (a). 
TITLE n—MISCELLANEOUS CUSTOMS PROVISIONS 
SEC. 201. INTERNATIONAL TRANSMISSION OF BUSINESS DOCUMENTS; 
IMPORTERS OF RECORD. 
(a) General headnote 5 is amended— 
19 use 1202 
(1) by striking out "and" at the end of subdivision (d); 
^°^-
(2) by redesignating subdivision (e) as subdivision (f); and 
(3) by adding immecUately after subdivision (d) the following: 
"(e) records, diagrams, and other data with regard to any business, 
engineering, or exploration operation whether on paper, cards, pho-
tographs, blueprints, tapes, or other media; and". 
(b) Item 870.10 is repealed. 
(c) Section 483 of the Tariff Act of 1930 (19 U.S.C. 1483) is repealed. 
Repeals. 
(d) Section 484 of the Tariff Act of 1930 (19 U.S.C. 1484) is 
amended— 
(1) by amending subsection (a)— 
(A) by amending that part of paragraph (1) thereof which 
precedes subparagraph (A) to read as follows: "Except as 
provided in sections 490, 498, 552, 553, and 3360') of this Act 
19 use 1490, 
and in subsections (h) and (i) of this section, one of the jg^g' ^^^^' ^^^^' 
parties qualifying as 'importer of record' under paragraph 
(2XC) of this subsection, either in person or by an agent 
authorized by him in writing—", 
96 STAT. 2350 
PUBLIC LAW 97-446—JAN. 12, 1983 
Merchandise 
entry 
documentation. 
19 use 1641. 
Effective date. 
19 use 1484 
note. 
(B) by redesignating paragraph (2XC) as paragraph (2XD), 
and by inserting immediately after paragraph (2XB) the 
following: 
"(C) When an entry of merchandise is made under this section, the 
required documentation shall be filed either by the owner or pur-
chaser of the merchandise or, when appropriately designated by the 
owner, purchaser, or consignee of the merchandise, a person holding 
a valid license under section 641 of this Act. When a consignee 
declares on entry that he is the owner or purchaser of merchandise, 
the appropriate customs officer may, without liability, accept the 
declaration. For the purposes of this title, the importer of record 
must be one of the parties who is eligible to file the documentation 
required by this section.", and 
(C) by striking out "consignees" in paragraph (2XD) (as 
redesignated by subparagraph (B)) and inserting in lieu 
thereof "importers of record"; 
(2) by striking out "consignee" in subsections (c) and (d) and 
inserting in lieu thereof "importer of record"; and 
(3) by amending subsections (h) and (i) to read as follows: 
"(h) The carrier bringing the merchandise into the port at which 
entry is to be made may certify any person to be the owner, 
purchaser, or consignee of the merchandise, and that person may be 
accepted as such by the appropriate customs officer. A carrier shall 
not certify a person pursuant to this subsection unless it has 
actual knowledge of or reason to believe in the accuracy of such 
certification. 
"(i) For the purposes of this section, the appropriate customs 
officer may accept a duplicate bill of lading signed or certified to be 
genuine by the carrier bringing the merchandise to the port at 
which entry is to be made.". 
(e) Sections 485, 487, 494, and 505(a) of the Tariff Act of 1930 (19 
U.S.C. 1485, 1487, 1494, and 1505(a)) are each amended by striking 
out "consignee" wherever it appears and inserting in lieu thereof 
"importer of record". 
(f) Section 557 of the Tariff Act of 1930 (19 U.S.C. 1557) is 
amended— 
(1) by inserting "purchaser" immediately after "owner" in the 
first sentence of subsection (a); and 
(2) by striking out "consignee" in subsection (d) and substitut-
ing in lieu thereof "importer of record". 
(g) The amendments made by this section shall apply with respect 
to merchandise entered on and after the 30th day after the date of 
the enactment of this Act. 
SEC. 202. DELIVERY INTO SUCCESSIVE BONDED WAREHOUSES REGARD-
LESS OF LOCATION. 
The first sentence of the eighth paragraph of section 311 of the 
Tariff Act of 1930 (19 U.S.C. 1311) is amended by striking out "at an 
exterior port" and "immediate". 
Convention on 
Cultural 
Property 
Implementation 
Act. 
19 use 2601 
note. 
TITLE III—IMPLEMENTATION OF CONVENTION ON 
CULTURAL PROPERTY 
SEC. 301. SHORT TITLE. 
This title may be cited as the "Convention on Cultural Property 
Implementetion Act". 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2351 
SEC. 302. DEFINITIONS. 
19 USC 2601. 
For purposes of this title— 
(1) The term "agreement" includes any amendment to, or 
extension of, any agreement under this title that enters into 
force with respect to the United States. 
(2) The term "archaeological or ethnological material of the 
State Party" means— 
(A) any object of archaeological interest; 
(B) any object of ethnological interest; or 
(C) any fragment or part of any object referred to in 
subparagraph (A) or (B); 
which was first discovered within, and is subject to export 
control by, the State Party. For purposes of this paragraph— 
(i) no object may be considered to be an object of archae-
ological interest unless such object— 
(I) is of cultural significance; 
(II) is at least two hundred and fifty years old; and 
(III) was normally discovered as a result of scientific 
excavation, clandestine or accidental digging, or explo-
ration on land or under water; and 
(ii) no object may be considered to be an object of ethnolo-
gical interest unless such object is— 
(I) the product of a tribal or nonindustrial society, 
and 
(II) important to the cultursd heritage of a people 
because of its distinctive characteristics, comparative 
rarity, or its contribution to the knowledge of the 
origins, development, or history of that people. 
(3) The term "Committee" means the Cultural Property Advi-
sory Committee established under section 206. 
(4) The term "consignee" means a consignee as defined in 
section 483 of the Tariff Act of 1930 (19 U.S.C. 1483). 
Ante, p. 2349. 
(5) The term "Convention" means the Convention on the 
means of prohibiting and preventing the illicit import, export, 
and transfer of ownership of cultural property adopted by the 
General Conference of the United Nations Educational, Scien-
tific, and Cultur£d Organization at its sixteenth session. 
(6) The term "cultural property" includes articles described in 
article 1 (a) through (k) of the Convention whether or not any 
such article is specifically designated as such by any State Party 
for the purposes of such article. 
(7) The term "designated archaeological or ethnological mate-
rial" means any archaeological or ethnological material of the 
State Party which— 
(A)is-
(i) covered by an agreement under this title that 
enters into force with respect to the United States, or 
(ii) subject to emergency action under section 304, 
and 
(B) is listed by regulation under section 305. 
(8) The term "Secretary" means the Secretary of the Treasury 
or his delegate. 
(9) The term "State Party" means any nation which has 
ratified, accepted, or acceded to the Convention. 
96 STAT. 2352 
PUBLIC LAW 97-446—JAN. 12, 1983 
(10) The term "United States" includes the several States, the 
District of Columbia, and any territory or area the foreign 
relations for which the United States is responsible. 
(11) The term "United States citizen" means— 
(A) any individual who is a citizen or national of the 
United States; 
(B) any corporation, partnership, association, or other 
legal entity organized or existing under the laws of the 
United States or any State; or 
(C) any department, agency, or entity of the Federal 
(Jovemment or of any government of any State. 
19 use 2602. 
SEC. 303. AGREEMENTS TO IMPLEMENT ARTICLE 9 OF THE CONVENTION. 
(a) AGREEMENT AUTHORITY.— 
(1) IN GENERAL.—If the President determines, after request is 
made to the United States under article 9 of the Convention by 
any State Party— 
(A) that the cultural patrimony of the State Party is in 
jeopardy from the pillage of archaeological or ethnological 
materials of the State Party; 
(B) that the State Party has taken measures consistent 
with the Convention to protect its cultural patrimony; 
(C) that— 
(i) the application of the import restrictions set forth 
in section 307 with respect to archaeological or ethno-
logical material of the State Party, if applied in concert 
with similar restrictions implemented, or to be imple-
mented within a reasonable period of time, by those 
nations (whether or not State Parties) individually 
having a significant import trade in such material, 
would be of substantial benefit in deterring a serious 
situation of pillage, and 
(ii) remedies less drastic than the application of the 
restrictions set forth in such section are not available; 
and 
(D) that the application of the import restrictions set 
forth in section 307 in the particular circumstances is 
consistent with the general interest of the international 
community in the interchange of cultural property among 
nations for scientific, cultural, and educational purposes; 
the President may, subject to the provisions of this title, take 
the actions described in paragraph (2). 
(2) AUTHORITY OF PRESIDENT.—For purposes of paragraph (1), 
the President may enter into— 
(A) a bilatersd agreement with the State Party to apply 
the import restrictions set forth in section 307 to the 
archaeological or ethnological material of the State Party 
the pillage of which is creating the jeopardy to the cultural 
patrimony of the State Party found to exist under para-
graph (IXA); or 
(B) a multilateral agreement with the State Party and 
with one or more other nations (whether or not a State 
Party) under which the United States will apply such 
restrictions, and the other nations will apply similar 
restrictions, with respect to such material. 
(3) REQUESTS.—A request made to the United States under 
article 9 of the C!onvention by a State Party must be accompa-
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2353 
nied by a written statement of the facts known to the State 
Party that relate to those matters with respect to which deter-
minations must be made under subparagraphs (A) through (D) 
of paragraph (1). 
(4) IMPLEMENTATION.—In implementing this subsection, the 
President should endeavor to obtain the commitment of the 
State Party concerned to permit the exhange of its archaeologi-
cal and ethnological materials under circumstances in which 
such exchange does not jeopardize its cultural patrimony. 
Ot)) EFFECTIVE PERIOD.—The President may not enter into any 
agreement under subsection (a) which has an effective period beyond 
the close of the five-year period beginning on the date on which such 
agreement enters into force with respect to the United States. 
(c) RESTRICTIONS ON ENTERING INTO AGREEMENTS.— 
(1) IN GENERAL.—The President may not enter into a bilateral 
or multilateral agreement authorized by subsection (a) unless 
the application of the import restrictions set forth in section 307 
with respect to archaeologiced or ethnological material of the 
State Party making a request to the United States under article 
9 of the Convention will be applied in concert with similar 
restrictions implemented, or to be implemented, by those 
nations (whether or not State Parties) individually having a 
significant import trade in such material. 
(2) EXCEPTION TO RESTRICTIONS.—Notwithstanding paragraph 
(1), the President may enter into an agreement if he determines 
that a nation individually having a significant import trade in 
such material is not implementing, or is not likely to imple-
ment, similar restrictions, but— 
(A) such restrictions are not essential to deter a serious 
situation of pillage, and 
(B) the application of the import restrictions set forth in 
section 307 in concert with similar restrictions imple-
mented, or to be implemented, by other nations (whether or 
not State Parties) individually having a significant import 
trade in such material would be of substantial benefit in 
deterring a serious situation of pillage. 
(d) SUSPENSION OF IMPORT RESTRICTIONS UNDER AGREEMENTS.—If, 
after an agreement enters into force with respect to the United 
States, the President determines that a number of parties to the 
agreement (other than parties described in subsection (cX2)) having 
significant import trade in the archaeological and ethnological 
material covered by the agreement— 
(1) have not implemented within a reasonable period of time 
import restrictions that are similar to those set forth in section 
307, or 
(2) are not implementing such restrictions satisfactorily with 
the result that no substantial benefit in deterring a serious 
situation of pillage in the State Party concerned is being 
obtained, 
the President shall suspend the implementation of the import 
restrictions under section 307 until such time as the nations take 
appropriate corrective action. 
(e) EXTENSION OF AGREEMENTS.—The President may extend any 
agreement that enters into force with respect to the United States 
for additional periods of not more than five years each if the 
President determines that— 
96 STAT. 2354 
PUBLIC LAW 97-446—JAN. 12, 1983 
Publication in 
Federal 
Register. 
Submittal to 
Committee. 
Report to 
Congress. 
Report to 
Congress. 
19 use 2603. 
(1) the factors referred to in subsection (aXl) which justified 
the entering into of the agreement still pertain, and 
(2) no cause for suspension under subsection (d) exists. 
(f) PROCEDURES.—If any request described in subsection (a) is made 
by a State Party, or if the President proposes to extend any agree-
ment under subsection (e), the President shall— 
(1) publish notification of the request or proposal in the 
Federal Register; 
(2) submit to the Committee such information regarding the 
request or proposal (including, if applicable, information from 
the State Party with respect to the implementation of emer-
gency action under section 304) as is appropriate to enable the 
Committee to carry out its duties under section 306(f); and 
(3) consider, in taking action on the request or proposal, the 
views and recommendations contained in any Committee 
report— 
(A) required under section 306(f) (1) or (2), and 
(B) submitted to the President before the close of the one-
hundred-and-fifty-day period beginning on the day on which 
the President submitted information on the request or 
proposal to the Committee under paragraph (2). 
(g) INFORMATION ON PRESIDENTIAL ACTION.— 
(1) IN GENERAL.—In any case in which the President— 
(A) enters into or extends an agreement pursuant to 
subsection (a) or (e), or 
(B) applies import restrictions under section 204, 
the President shall, promptly after taking such action, submit a 
report to the Congress. 
(2) REPORT.—The report under paragraph (1) shall contain— 
(A) a description of such action (including the text of any 
agreement entered into), 
(B) the differences (if any) between such action and the 
views and recommendations contained in any Committee 
report which the President was required to consider, and 
(C) the reasons for any such difference. 
(3) 
INFORMATION 
RELATING 
TO COMMITTEE 
RECOMMENDA-
TIONS.—If any Committee report required to be considered by 
the President recommends that an agreement be entered into, 
but no such agreement is entered into, the President shall 
submit to the (Dongress a report which contains the reasons why 
such agreement was not entered into. 
SEC. 304. EMERGENCY IMPLEMENTATION OF IMPORT RESTRICTIONS. 
(a) EMERGENCY CONDITION DEFINED.—For purposes of this section, 
the term "emergency condition" means, with respect to any archae-
ological or ethnological material of any State Party, that such 
material is— 
(1) a newly discovered type of material which is of importance 
for the understanding of the history of mankind and is in 
jeopardy from pillage, dismantling, dispersal, or fragmentation; 
(2) identifiable as coming from any site recognized to be of 
high cultural significance if such site is in jeopardy from pillage, 
dismantling, dispersal, or frsigmentation which is, or threatens 
to be, of crisis proportions; or 
(3) a part of the remsdns of a particular culture or civilization, 
the record of which is in jeopardy from pillage, dismantling, 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2355 
dispersal, or fragmentation which is, or threatens to be, of crisis 
proportions; 
and application of the import restrictions set forth in section 307 on 
a temporary basis would, in whole or in part, reduce the incentive 
for such pillage, dismantling, dispersal or fragmentation. 
(b) PRESIDENTIAL ACTION.—Subject to subsection (c), if the Presi-
dent determines that an emergency condition applies with respect to 
any archaeological or ethnological material of any State Party, the 
President may apply the import restrictions set forth in section 307 
with respect to such material. 
(c) LIMITATIONS.— 
(1) The President may not implement this section with respect 
to the archaeological or ethnological materials of any State 
Party unless the State Party has made a request described in 
section 303(a) to the United States and has supplied information 
which supports a determination that an emergency condition 
exists. 
(2) In taking action under subsection (b) with respect to any Report. 
State Party, the President shall consider the views and recom-
mendations contained in the Committee report required under 
section 306(f)(3) if the report is submitted to the President before 
the close of the ninety-day period beginning on the day on 
which the President submitted information to the Committee 
under section 303(f)(2) on the request of the State Party under 
section 303(a). 
(3) No import restrictions set forth in section 307 may be 
applied under this section to the archaeological or ethnological 
materials of any State Party for more than five years after the 
date on which the request of a State Party under section 303(a) 
is made to the United States. This period may be extended by Extension. 
the President for three more years if the President determines 
that the emergency condition continues to apply with respect to 
the archaeological or ethnological material. However, before Report. 
taking such action, the President shall request and consider, if 
received within ninety days, a report of the Committee setting 
forth its recommendations, together with the reasons therefor, 
as to whether such import restrictions shall be extended. 
(4) The import restrictions under this section may continue to 
apply in whole or in part, if before their expiration under 
paragraph (3), there has entered into force with respect to the 
archaeological or ethnological materials an agreement under 
section 203 or an agreement with a State Party to which the 
Senate has given ite advice and consent to ratification. Such 
import restrictions may continue to apply for the duration of 
the agreement. 
SEC. 305. DESIGNATION OF MATERIALS COVERED BY AGREEMENTS OR 19 USC 2604. 
EMERGENCY ACTIONS. 
After any agreement enters into force under section 303, or 
emergency action is taken under section 304, the Secretary, after 
consultation with the Director of the United States Information 
Agency, shall by regulation promulgate (and when appropriate shall 
revise) a list of the archaeological or ethnological material of the 
State Party covered by the agreement or by such action. The 
Secretary may list such material by type or other appropriate 
classification, but each listing made under this section shall be 
sufficiently specific and precise to insure that (1) the import restric-
97-200 O—84—pt. 2 
32 : QL3 
96 STAT. 2356 
PUBLIC LAW 97-446—JAN. 12, 1983 
tions under section 307 are applied only to the archeological and 
ethnological material covered by the agreement or emergency 
action; and (2) fair notice is given to importers and other persons as 
to what materia is subject to such restrictions. 
19 u s e 2605. 
SEC. 306. CXFLTURAL PROPERTY ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—There is established the Cultural Property 
Advisory Committee. 
(b) MEMBERSHIP.— 
(1) The Committee shall be composed of eleven members 
appointed by the President as follows: 
(A) Two members representing the interests of museums. 
(B) Three members who shall be experts in the fields of 
archaeology, anthropology, ethnology, or related areas. 
(C) Three members who shall be experts in the interna-
tional sale of archaeological, ethnological, and other cul-
tural property. 
(D) Three members who shall represent the interest of 
the general public. 
(2) Appointments made under paragraph (1) shall be made in 
such a manner so as to insure— 
(A) fair representation of the various interests of the 
public sectors and the private sectors in the international 
exchange of archaeological and ethnological materials, and 
(B) that within such sectors, fair representation is 
accorded to the interests of regional and local institutions 
and museums. 
(3XA) Members of the Committee shall be appointed for terms 
of two years and may be reappointed for 1 or more terms. 
(B) A vacancy in the Commission shall be filled in the same 
manner in which the original appointment was made. 
(c) EXPENSES.—The members of the Committee shall be reim-
bursed for actual expenses incurred in the performance of duties for 
the Committee. 
(d) TRANSACTION OF BUSINESS.—Six of the members of the Commit-
tee shall constitute a quorum. All decisions of the Committee shall 
be by m^ority vote of the members present and voting. 
(e) STAFF AND ADMINISTRATION.— 
(1) The Director of the United States Information Agency 
shall make available to the Committee such administrative and 
technical support services and assistance as it may reasonably 
require to carry out its activities. Upon the request of the 
Committee, the nead of any other Federal agency may detail to 
the Committee, on a reimbursable basis, any of the personnel of 
such agency to assist the Committee in carrying out its func-
tions, and provide such information and assistance as the Com-
mittee may reasonably require to carry out its activities. 
(2) The Committee shall meet at the call of the Director of the 
United States Information Agency, or when a majority of its 
members request a meeting in writing. 
(f) REPORTS BY COMMITTEE.— 
(1) The Commitee shall, with respect to each request of a 
State Party referred to in section 303(a), undertake an investiga-
tion and review with respect to matters referred to in section 
303(aXl) as they relate to the State Party or the request and 
shall prepare a report setting forth— 
(A) the results of such investigation and review; 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2357 
(B) its findings as to the nations individually having a 
significant import trade in the relevant material; and 
(C) its recommendation, together with the reasons there-
for, as to whether an agreement should be entered into 
under section 303(a) with respect to the State Party. 
(2) The Committee shall, with respect to each agreement 
proposed to be extended by the President under section 303(e), 
prepare a report setting forth its recommendations together 
with the reasons therefor, as to whether or not the agreement 
should be extended. 
(3) The Committee shall in each case in which the Committee 
finds that an emergency condition under section 304 exists 
prepare a report setting forth its recommendations, together 
with the reasons therefor, as to whether emergency action 
under section 304 should be implemented. If any State Party 
indicates in its request under section 303(a) that an emergency 
condition exists and the Committee finds that such a condition 
does not exist, the Committee shall prepare a report setting 
forth the reasons for such finding. 
(4) Any report prepared by the Committee which recommends 
the entering into or the extension of any agreement under 
section 303 or the implementation of emergency action under 
section 304 shall set forth— 
(A) such terms and conditions which it considers neces-
sary and appropriate to include within such agreement, or 
apply with respect to such implementation, for purposes of 
carr3dng out the intent of the Convention; and 
(B) such archaeological or ethnological material of the 
State Party, specified by type or such other classification as 
the Committee deems appropriate, which should be covered 
by such agreement or action. 
(5) If any member of the Committee disagrees with respect to 
any matter in any report prepared under this subsection, such 
member may prepare a statement setting forth the reasons for 
such disagreement £md such stetement shall be appended to, 
and considered a part of, the report. 
(6) The Committee shall submit to the Congress &nd the 
President a copy of each report prepared by it under this 
subsection. 
(g) COMMITTEE REVIEW.— 
(1) IN GENERAL.—The Committee shall undertake a continu-
ing review of the effectiveness of agreements under section 303 
that have entered into force with respect to the United Stetes, 
and of emergency action implemented under section 304. 
(2) ACTION BY COMMITTEE.—If the Committee finds, as a result 
of such review, that— 
(A) cause exists for suspending, under section 303(d), the 
import restrictions imposed under an agreement; 
(B) any £igreement or emergency action is not achieving 
the purposes for which entered into or implemented; or 
(C) changes are required to this title in order to imple-
ment fully the obligations of the United Stetes under the 
Convention; 
the Committee may submit a report to the Congress and the Presi- Report to 
dent setting forth its recommendations for suspending such import Congress. 
restrictions or for improving the effectiveness of any such agree-
ment or emergency action or this title. 
96 STAT. 2358 
PUBLIC LAW 97-446—JAN. 12, 1983 
(h) FEDERAL ADVISORY CJOMMITTEE ACT.—The provisions of the 
Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. 
5 use app. 
Appendix I) shall apply to the Committee except that the require-
ments of subsections (a) and (b) of section 10 and section 11 of such 
Act (relating to open meetings, public notice, public participation, 
and public availability of documents) shall not apply to the Commit-
tee, whenever and to the extent it is determined by the President or 
his designee that the disclosure of matters involved in the Commit-
tee's proceedings would compromise the Government's negotiating 
objectives or bargaining positions on the negotiations of any agree-
ment authorized by this title. 
(i) CONFIDENTIAL INFORMATION.— 
(1) IN GENERAL.—Any information (including trade secrets 
and commercial or financial information which is privileged or 
confidential) submitted in confidence by the private sector to 
officers or employees of the United States or to the Committee 
in connection with the responsibilities of the Committee shall 
not be disclosed to any person other than to— 
(A) officers and employees of the United States desig-
nated by the Director of the United States Information 
Agency; 
(B) members of the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of 
the Senate who are designated by the chairman of either 
such Committee and members of the staff of either such 
Committee designated by the chairman for use in connec-
tion with negotiation of agreements or other activities 
authorized by this title; and 
(C) the Committee established under this title. 
(2) GOVERNMENTAL INFORMATION.—Information submitted in 
confidence by officers or employees of the United States to the 
Committee shall not be disclosed other than in accordance with 
rules issued by the Director of the United States Information 
Agency, after consultation with the Committee. Such rules shall 
define the categories of information which require restricted or 
confidential handling by such Committee considering the extent 
to which public disclosure of such information can reasonably 
be expected to prejudice the interests of the United States. Such 
rules shall, to the maximum extent feasible, permit meaningful 
consultations by (Committee members with persons affected by 
proposed agreements authorized by this title. 
(j) No AUTHORITY TO NEGOTIATE.—Nothing contained in this sec-
tion shall be construed to authorize or to permit any individusd (not 
otherwise authorized or permitted) to participate directly in any 
negotiation of any agreement authorized by this title. 
19 use 2606. 
SEC. 307. IMPORT RESTRICTIONS. 
(a) DOCUMENTATION OF LAWFUL EXPORTATION,—No designated 
archaeological or ethnological material that is exported (whether or 
not such exportation is to the United States) from the State Party 
after the designation of such material under section 305 may be 
imported into the United States unless the State Party issues a 
certification or other documentation which certifies that such expor-
tation was not in violation of the laws of the State Party. 
(b) CUSTOMS ACTION IN ABSENCE OF DOCUMENTATION.—If the con-
signee of any designated archaeological or ethnological material is 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2359 
unable to present to the customs officer concerned at the time of 
making entry of such material— 
(1) the certificate or other documentation of the State Party 
required under subsection (a); or 
(2) satisfactory evidence that such material was exported from 
the State Party— 
(A) not less than ten years before the date of such entry 
and that neither the person for whose account the material 
is imported (or any related person) contracted for or 
acquired an interest, directly or indirectly, in such material 
more than one year before that date of entry, or 
(B) on or before the date on which such material was 
designated under section 305, 
the customs officer concerned shall refuse to relesise the material 
from customs custody and send it to a bonded warehouse or store to 
be held at the risk and expense of the consignee, notwithstanding 
any other provision of law, until such documentation or evidence is 
filed with such officer. If such documentation or evidence is not 
Seizure and 
presented within ninety days after the date on which such material 
forfeiture. 
is refused release from customs custody, or such longer period as 
may be allowed by the Secretary for good cause shown, the material 
shall be subject to seizure and forfeiture. The presentation of such 
documentation or evidence shall not bar subsequent action under 
section 310. 
(c) DEFINITION OF SATISFACTORY EVIDENCE.—The term "satisfac-
tory evidence" means— 
(1) for purposes of subsection (bX2)(A)— 
(A) one or more declarations under oath by the importer, 
or the person for whose account the material is imported, 
stating that, to the best of his knowledge— 
(i) the material was exported from the State Party 
not less than ten years before the date of entry into the 
United States, and 
(ii) neither such importer or person (or any related 
person) contracted for or acquired an interest, directly 
or indirectly, in such material more than one year 
before the date of entry of the material; and 
(B) a statement provided by the consignor, or person who 
sold the material to the importer, which states the date, or, 
if not known, his belief, that the material was exported 
from the State Party not less than ten years before the date 
of entry into the United States, and the reasons on which 
the statement is based; and 
(2) for purposes of subsection (bX2XB)— 
(A) one or more declarations under oath by the importer 
or the person for whose account the material is to be 
imported, stating that, to the best of his knowledge, the 
material was exported from the State Party on or before 
the date such material was designated under section 305, 
and 
(B) a statement by the consignor or person who sold the 
material to the importer which states the date, or if not 
known, his belief, that the material was exported from the 
State Party on or before the date such material was desig-
nated under section 305, and the reasons on which the 
statement is based. 
96 STAT. 2360 
PUBLIC LAW 97-446—JAN. 12, 1983 
(d) RELATED PERSONS.—For purposes of subsections (b) and (c), a 
person shall be treated £is a related person to an importer, or to a 
person for whose account material is imported, if such person— 
(1) is a member of the same family as the importer or person 
of account, including, but not limited to, membership as a 
brother or sister (whether by whole or half blood), spouse, 
ancestor, or lineal descendant; 
(2) is a partner or associate with the importer or person of 
account in any partnership, association, or other venture; or 
(3) is a corporation or other legal entity in which the importer 
or person of account directly or indirectly owns, controls, or 
holds power to vote 20 percent or more of the outstanding 
voting stock or shares in the entity. 
19 use 2607. 
SEC. 308. STOLEN CULTURAL PROPERTY. 
No article of cultural property documented as appertaining to the 
inventory of a museum or religious or secular public monument or 
similar institution in any State Party which is stolen from such 
institution after the effective date of this title, or after the date of 
entry into force of the Convention for the State Party, whichever 
date is later, may be imported into the United States. 
19 use 2608. 
SEC. 309. TEMPORARY DISPOSITION OF MATERIALS AND ARTICLES SUB-
JECT TO TITLE. 
Pending a final determination as to whether any archaeological or 
ethnological material, or any article of cultural property, has been 
imported into the United States in violation of section 307 or section 
308, the Secretary shall, upon application by any museum or other 
cultural or scientific institution in the United States which is open 
to the public, permit such material or article to be retained at such 
institution if he finds that— 
(1) sufficient safeguards will be taken by the institution for 
the protection of such material or article; and 
(2) sufficient bond is posted by the institution to ensure its 
return to the Secretary. 
19 use 2609. 
SEC. 310. SEIZURE AND FORFEITURE. 
(a) IN GENERAL.—Any designated archaeological or ethnological 
material or article of cultural property, as the case may be, which is 
imported into the United States in violation of section 307 or section 
308 shall be subject to seizure and forfeiture. All provisions of law 
relating to seizure, forfeiture, and condemnation for violation of the 
customs laws shall apply to seizures and forfeitures incurred, or 
alleged to have been incurred, under this title, insofar as such 
provisions of law are applicable to, and not inconsistent with, the 
provisions of this title. 
O
5
) ARCHAEOLOGICAL AND ETHNOLOGICAL MATERIAL.—Any desig-
nated archaeological or ethnological material which is imported 
into the United States in violation of section 307 and which is 
forfeited to the United States under this title shall— 
(1) first be offered for return to the State Party; 
(2) if not returned to the State Party, be returned to a 
claimant with respect to whom the material was forfeited if that 
claimant establishes— 
(A) valid title to the material, 
(6) that the claimant is a bona fide purchaser for value of 
the material; or 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2361 
(3) if not returned to the State Party under paragraph (1) or to 
a claimant under paragraph (2), be disposed of in the manner 
prescribed by law for articles forfeited for violation of the 
customs laws. 
No return of material may be made under paragraph (1) or (2) unless 
the State Party or claimant, as the case may be, bears the expenses 
incurred incident to the return and delivery, and complies with such 
other requirements relating to the return as the Secretary shall 
prescribe, 
(c) ARTICLES OP CULTURAL PROPERTY.— 
(1) In any action for forfeiture under this section regarding an 
article of cultural property imported into the United States in 
violation of section 208, if the claimant establishes valid title to 
the article, under applicable law, as against the institution from 
which the article was stolen, forfeiture shall not be decreed 
unless the State Party to which the article is to be returned 
pays the claimant just compensation for the article. In any 
action for forfeiture under this section where the claimant does 
not establish such title but establishes that it purchased the 
article iFor value without knowledge or reason to believe it was 
stolen, forfeiture shall not be decreed unless— 
(A) the State Party to which the article is to be returned 
pays the claimant an amount equal to the amount which 
the claimant paid for the article, or 
(B) the United States establishes that such State Party, as 
a matter of law or reciprocity, would in similar circum-
stances recover and return an article stolen from an institu-
tion in the United States without requiring the pajonent of 
compensation. 
(2) Any article of cultural property which is imported into the 
United States in violation of section 308 and which is forfeited 
to the United States under this title shall— 
(A) first be offered for return to the State Party in whose 
territory is situated the institution referred to in section 
308 and shall be returned if that State Party bears the 
expenses incident to such return and delivery and complies 
with such other requirements relating to the return as the 
Secretary prescribes; or 
(B) if not returned to such State Party, be disposed of in 
the manner prescribed by law for articles forfeited for 
violation of the customs laws. 
SEC. 311. EVIDENTIARY REQUIREMENTS. 
19 USC 2610. 
Notwithstanding the provisions of section 615 of the Tariff Act of 
1930 (19 U.S.C. 1615), in any forfeiture proceeding brought under 
this title in which the material or article, as the case may be, is 
claimed by any person, the United States shall establish— 
(1) in the case of any material subject to the provisions of 
section 307, that the material has been listed by the Secretary 
in accordance with section 305; and 
(2) in the case of any article subject to section 308, that the 
article— 
(A) is documented as appertaining to the inventory of a 
museum or religious or secular public monument or similar 
institution in a State Party, and 
(B) was stolen from such institution after the effective 
date of this title, or after the date of entry into force of the 
96 STAT. 2362 
PUBLIC LAW 97-446—JAN. 12, 1983 
Convention for the State Party concerned, whichever date 
is later. 
19 use 2611. 
SEC. 312. CERTAIN MATERIAL AND ARTICLES EXEMPT FROM TITLE. 
The provisions of this title shall not apply to— 
(1) any archaeological or ethnological material or any article 
of cultursQ property which is imported into the United States 
for temporary exhibition or display if such material or article is 
immune from seizure under judicial process pursuant to the Act 
entitled "An Act to render immune from seizure under judicial 
process certain objects of cultural significance imported into the 
United States for temporary display or exhibition, and for other 
purposes", approved October 19,1965 (22 U.S.C. 2459); or 
(2) any designated archaeological or ethnological material or 
any article of cultural property imported into the United States 
if such material or article— 
(A) has been held in the United States for a period of not 
less than three consecutive years by a recognized museum 
or religious or secular monument or similar institution, and 
was purchased by that institution for value, in good faith, 
and without notice that such material or article was im-
ported in violation of this title, but only if^ 
(i) the acquisition of such material or article has been 
reported in a publication of such institution, any 
regularly published newspaper or periodical with a 
circulation of at least fifty thousand, or a periodical or 
exhibition catalog which is concerned with the type of 
article or materials sought to be exempted from this 
title, 
(ii) such material or article has been exhibited to the 
public for a period or periods aggregating at least one 
year during such three-year period, or 
(iii) such article or material has been cataloged and 
the catalog material made available upon request to 
the public for at least two years during such three-year 
period; 
(B) if subparagraph (A) does not apply, has been within 
the United States for a period of not less than ten consecu-
tive years and has been exhibited for not less than five 
years during such period in a recognized museum or reli-
gious or secular monument or similar institution in the 
Unites States open to the public; or 
(C) if subparagraphs (A) and (B) do not apply, has been 
within the United States for a period of not less than ten 
consecutive years and the State Party concerned has 
received or should have received during such period fair 
notice (through such adequate and accessible publication, or 
other means, as the Secretary shall by regulation prescribe) 
of its location within the United States; and 
(D) if none of the preceding subparagraphs apply, has 
been within the United States for a period of not less than 
twenty consecutive years and the claimant establishes that 
it purchased the material or article for value without 
knowledge or reason to believe that it was imported in 
violation of law. 
PUBLIC LAW 97-446—JAN. 12, 1983 
96 STAT. 2363 
SEC. 313. REGULATIONS. 
19 USC 2612. 
The Secretary shall prescribe such rules and regulations as are 
necessary and appropriate to carry out the provisons of this title. 
SEC. 314. ENFORCEMENT. 
19 USC 2613. 
In the customs territory of the United States, and in the Virgin 
Islands, the provisions of this title shall be enforced by appropriate 
customs officers. In any other territory or area within the United 
States, but not within such customs territory or the Virgin Islands, 
such provisions shall be enforced by such persons as may be desig-
nated by the President. 
SEC. 315. EFFECTIVE DATE. 
19 USC 2601 
(a) IN GENERAL.—This title shall take effect on the ninetieth day publication in 
after the date of the enactment of this Act or on any date which the Federal 
President shall prescribe and publish in the Federal Register, if such Register. 
date is— 
(1) before such ninetieth day and after such date of enact-
ment; and 
(2) after the initial membership of the Committee is 
appointed. 
(b) EXCEPTION.—Notwithstanding subsection (a), the members of 
the Committee may be appointed in the manner provided for in 
section 306 at any time after the date of the enactment of this Act. 
Approved Jsinuary 12, 1983. 
LEGISLATIVE HISTORY—H.R. 4566: 
HOUSE REPORTS: No. 97-257 (Comm. on Ways and Means) and No. 97-989 (Comm. 
of Conference). 
SENATE REPORT No. 97-564 (Comm. on Finance). 
CONGRESSIONAL RECORD: 
Vol. 127 (1981): Oct. 13, considered and p£issed House. 
Vol. 128 (1982): Dec. 19, considered and passed Senate, amended. 
Dec. 21, House agreed to conference report. 
Dec. 22, Senate agreed to conference report.