Page:United States Statutes at Large Volume 93.djvu/327

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 295

foreign tariff or nontariff barriers are unduly burdening or restricting the United States exports of alcoholic beverages, he shall enter into negotiations under the Trade Act of 1974 to eliminate or reduce 19 USC 2101. such barriers. SEC. 855. AUTHORITY TO PROCLAIM EXISTING RATES FOR CERTAIN ITEMS.

(a) GENERAL RULE.—In the case of any item set forth in subpart D of part 12 of schedule 1 of the Tariff Schedules of the United States, as amended by section 852 of this Act, whenever the President determines that adequate reciprocal concessions have been received therefor under a trade agreement entered into under the Trade Act of 1974, he may (notwithstanding section 109 of such Act) proclaim that the rate of duty applicable to such item shall be the rate of duty appearing in rate column numbered 1 on January 1, 1979, for the comparable item, determined on a proof gallon basis. For purposes of sections 101 and 601(7) of the Trade Act of 1974, the rates of duty proclaimed under the preceding sentence shall be deemed to be the rates of duty existing on January 1, 1975.

19 USC 1202 note. Ante, p. 292.

19 USC 2101.

19 USC 2111, 2481.

(b) TERMINATION AND WITHDRAWAL AUTHORITY.—For purposes of

section 125 of the Trade Act of 1974, any rate of duty proclaimed 19 USC 2135. under subsection (a) shall be deemed to be a trade agreement obligation entered into under the Trade Act of 1974 which is of 19 USC 2101. benefit to a foreign country or instrumentality. In the case of any item affected by any such proclamation, the last sentence of subsection (c) of such section 125 shall be applied as if it authorized (in addition to any increase authorized therein) an increase up to the rate of duty for such item set forth in rate column numbered 1 of subpart D of part 12 of schedule 1 of the Tariff Schedules of the Ante, p. 292. United States, as amended by section 852 of this Act. SEC. 856. AMENDMENTS OF SECTION 311 OF THE TARIFF ACT OF 1930. (a) CERTAIN TRANSFERS TO WAREHOUSES PENDING EXPORTATION.—

19 USC 1311 note.

In the case of articles described in section 5522(a) of the Internal Revenue Code of 1954 (as in effect before its repeal by section 26 USC 5522. 807(a)(50) of the Distilled Spirits Tax Revision Act of 1979), the first Ante, p. 288. sentence of the eighth paragraph of section 311 of the Tariff Act of 1930 (19 U.S.C. 1311) shall be applied as if such first sentence did not include the phrase "at an exterior port". (b) REMOVAL OF REFERENCE TO RECTIFICATION TAXES.—Effective

January 1, 1980, the second proviso to the last paragraph of section 311 of the Tariff Act of 1930 is hereby repealed.

Repeal. 19 USC 1311.

TITLE IX—ENFORCEMENT OF UNITED STATES RIGHTS SEC. 901. ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN PRACTICES.

Chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411) is amended to read as follows:

"CHAPTER 1—ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES "SEC. 301. DETERMINATIONS AND ACTION BY PRESIDENT.

"(a) DETERMINATIONS REQUIRING ACTION.—If the President determines that action by the United States is appropriate—

19 USC 2411.