Page:United States Statutes at Large Volume 93.djvu/348

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 316

PUBLIC LAW 96-39—JULY 26, 1979

19 USC 2464 note.

(b) EFFECTIVE DATE.—The amendments made by paragraph (4) of subsection (a) shall take effect on April 1, 1980.

19 USC 2582.

SEC. 1112. CONCESSION-RELATED REVENUE LOSSES TO UNITED STATES POSSESSIONS. (a) DETERMINATIONS BY SECRETARY OF COMMERCE.— (1) IMPACT OF CONCESSIONS.—Upon the request of the govern-

ment of a possession of the United States, the Secretary of Commerce shall determine before January 1, 1980— (A) whether a concession was granted by the United States in the Tokyo Round of the Multilateral Trade Negotiations on an article produced in that possession on which excise taxes are levied by the United States, and (B) whether the sum of the amounts transferred and paid over to that possession attributable to such taxes for calendar year 1978 were equal to, or greater than, an amount equal to 10 percent of the tax revenues (not including revenues associated with petroleum or petroleum products) of that possession for 1978. (2) ANNUAL DETERMINATIONS.—If the determinations of the

Secretary under subparagraphs (A) and (B) of paragraph (1) are affirmative, then he shall determine, within 3 months after the close of each of the fiscal years 1980 through 1984, whether that concession contributed importantly to a reduction in the sum of the amounts transferred and paid over to that possession on account of such excise taxes for the most recently closed fiscal year. In making his determination, the Secretary shall take into account the extent to which other factors may have contributed to the reduction. The Secretary shall determine the amount of the reduction by subtracting the amount so transferred and paid over for the fiscal year from the amount which would have been transferred and paid over for the fiscal year if the products of the possession with respect to which the excise tax is imposed had maintained a share of the United States market for that product which was the share of the United States market for the product for fiscal year 1979. Ob) INCLUSION OF COMPENSATORY AMOUNT IN BUDGET OF THE UNITED

31 USC 1. Report to Congress.

Appropriation authorization.

STATES.—If the Secretary determines an amount under subsection (a)(2), he shall advise the President of that amount and the President may include, in the first Budget or Supplemental Budget submitted under the Budget and Accounting Act, 1921, after receiving such advice, an amount, equal to the amount so determined by the Secretary, for payment to the government of that possession to offset the amount of the reduction. If the President includes an amount different from the amount determined by the Secretary or no amount, the President shall promptly submit a report to the Congress setting forth his reasons for submitting such a different amount. Upon appropriation, such sums shall be paid promptly to the government of such possession. There are authorized to be appropriated such sums as may be necessary for the purposes of this section for fiscal years 1981 through 1985. (c) REPORT TO THE CONGRESS.—On January 31, 1984, the President

shall report to the Congress on the operation of this section, the reductions in revenues determined under this section, and any reductions which are likely to occur in fiscal years beginning after September 30, 1984. If he determines that such action is warranted, he shall recommend to the Congress in such report an extension of the application of this section to such fiscal years.