Proclamation 5978—To Implement in Terms of the Harmonized Tariff Schedule of the United States the Nairobi Protocol to the Florence Agreement on the Importation of Educational, Scientific, and Cultural Materials
By the President of the United States of America
1. Section 1121 of the Omnibus Trade and Competitiveness Act of 1988 (the 1988 Act) (Public Law 100-418; 102 Stat. 1138) provides for the implementatin by the United States of the Protocol (S. Treaty Doc. 97-2; hereinafter referred to as the Nairobi Protocol) to the Agreement on the Importation of Educational, Scientific, and Cultural Materials hereinafter referred to as the Florence Agreement). Accordingly, the Secretary of State is authorized to deposit on behalf of the United States the U.S. instrument of ratification of the Nairobi Protocol according to the procedures set forth therein. The Nairobi Protocol thereby enters into force with respect to the United States on the 15th day after such instrument is deposited.
2. Pursuant to section 1121 of the 1988 Act, the tariff provisions necessary to give effect to the Nairobi Protocol were enacted in terms of the provisions of the Tariff Schedules of the United States (TSUS) However, because of the repeal of the TSUS and the enactment of the Harmonized Tariff Schedule of the United States (HTS), effective on January 1, 1989, and pursuant to section 1204 of the 1988 ACt it is necessary to provide for the equivalent tariff treatment in the HTS of the articles covered by section 1121.
3. Section 1204(b) of the 1988 Act directs the President to proclaim such modifications to the HTS as are necessary or appropriate to implement the applicable provisions of statutes enacted, executive actions taken, and final judicial decisions rendered after January 1, 1988, and before the effective date of the HTS.
4. Section 604 of the Trade Act of 1974 as amended, authorized the President to embody in the HTS the substance of the provisions of that act, of other acts affecting import treatment and of actions taken thereunder.
Now, Therefore, I, George Bush, President of the United States of America, acting under the authority vested in me by the Constitution and laws of the United States, including but not limited to sections 1121 and 1204 of the 1988 Act and section 604 of the Trade Act of 1974, do proclaim that:
(1) The HTS is modified as provided in the annex to this proclamation.
(2) The amendments to the HTS made by this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after May 30, 1989.
In Witness Whereof, I have hereunto set my hand this twelfth day of May, in the year of our Lord nineteen hundred and eighty-nine, and of the Independence of the United States of America the two hundred and thirteenth.
MODIFICATIONS TO THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
1. Bracketed matter is included to assist in the understanding of the proclaimed modifications.
2. The following supersedes matter now in the Harmonized Tariff Schedule of the United States (HTS). The subheadings and superior descriptions are set forth in columnar format, and material in such columns is inserted in the columns of the HTS designated "Heading/Subheading", "Article Description", "Rates of Duty 1-General", "Rates of Duty 1-Special", and "Rates of Duty 2", respectively.
1. Subheading 3705.20.00 is superseded by:
|[Photographic . . .:]|
|3705.20.10||Of articles of subheading|
2. Subheading 9503.60.00 is superseded by:
|[Other toys . . .:]|
|"9503.60||Puzzles and parts and|
|9503.60.10||Crossword puzzle books||Free||Free|
3. Subchapter VII of chapter 98 is modified by striking out subheadings 9807.00.10, 9807.00.20 and 9807.00.30.
4. Subheading 9808.00.10 is modified by inserting in the article description the phrase "; official government publications in the form of microfilm, microfiches, or similar film media" immediately after "not developed".
5. Subheading 9809.00.10 is modified by inserting in the article description the phrase ", whether or not in the form of microfilm, microfiches, or similar film media" immediately after "documents".
6. Subchapter X of chapter 98 is modified by inserting in numerical sequence the following new subheading, with the article description at the same level of indentation as that of subheading 9810.00.65:
|[Articles . . .:]|
|"9810.00.67||Tools specially designed to|
|be used for the maintenance,|
|checking, gauging or repair|
|of instruments or apparatus|
|admitted under subheading|
7. U.S. Note 1 to subchapter XVII of chapter 98 is modified to read as follows:
"1. (a) No article shall be exempted from duty under subheading 9817.00.40 unless either--
(i) a Federal agency (or agencies) designated by the President determines that such article is visual or auditory material of an educational, scientific or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character Beirut Agreement), or
(ii) such article--
(A) is imported by, or certified by the importer to be for the use of, any public or private institution or association approved as educational, scientific, or cultural by a Federal agency or agencies designated by the President for the purpose of duty-free admission pursuant to the Nairobi Protocol to the Florence Agreement, and
(B) is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations or any of its specialized agencies. For purposes of subparagraph (i), whenever the President determines that there is, or may be, profitmaking exhibition or use of articles described in subheading 9817.00.40 which interferes significantly (or threatens to interfere significantly) with domestic production of similar articles, he may prescribe regulations imposing restrictions on the entry under one of the above-cited subheadings of such foreign articles to insure that they will be exhibited or used only for nonprofitmaking purposes.
(b) For purposes of subheadings 9817.00.42 through 9817.00.48, inclusive, no article shall be exempted from duty unless it meets the criteria set forth in subparagraphs (a) (ii) (A) and (B) of this note."
8. Subchapter XVII of chapter 98 is modified by inserting in numerical sequence the following new U.S. note:
"4. (a) For purposes of subheadings 9817.00.92, 9817.00.94 and 9817.00.96, the term "blind or other physically or mentally handicapped persons" includes any person suffering from a permanent or chronic 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, and working.
(b) Subheadings 9817.00.92, 9817.00.94 and 9817.00.96 do not cover--
(i) articles for acute or transient disability;
(ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled;
(iii) therapeutic and diagnostic articles; or
(iv) medicine or drugs."
9. Subheading 9817.00.40 is modified by inserting "(except toy models)" after "models", and by striking out "U.S. note 1" and inserting in lieu thereof "U.S. note 1(a)".
10. Subchapter XVII of chapter 98 is further modified by inserting in numerical sequence the following new subheadings and superior descriptions:
|"Articles determined to be|
|visual or auditory materials|
|in accordance with U.S. note 1|
|of this subchapter:|
|9817.00.42||Holograms for laser projec-|
|tion; microfilm, microfiches|
|and similar articles||Free||Free|
|9817.00.44||Motion-picture films in any|
|form on which pictures, or|
|sound and pictures, have|
|been recorded, whether or|
|9817.00.46||Sound recordings, combina-|
|tion sound and visual|
|recordings, and magnetic|
|recordings; video discs,|
|video tapes and similar|
|9817.00.48||Patterns and wall charts;|
|globes; mock-ups or|
|visualizations of abstract|
|concepts such as molecular|
|structures or mathematical|
|formulae; materials for|
|programmed instruction; and|
|kits containing printed|
|materials and audio|
|materials and visual|
|materials or any combina-|
|tion of two or more of|
|Articles specially designed or|
|adapted for the use or benefit|
|of the blind or other|
|physically or mentally handi-|
|Articles for the blind:|
|9817.00.92||Books, music and|
|pamphlets, in raised|
|print, used exclusively|
|by or for them||Free||Free|
|9817.00.94||Braille tablets, cuba-|
|rithms, and special|
|presses, and types for|
|their use or benefit|
George Bush, Proclamation 5978—To Implement in Terms of the Harmonized Tariff Schedule of the United States the Nairobi Protocol to the Florence Agreement on the Importation of Educational, Scientific, and Cultural Materials Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/268830