Maximum aggregate reductions in rates of duty
section 2111 of this titleExcept as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under shall not exceed the aggregate reduction which would have been in effect on such day if—
section 2111(a)(2) of this title a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to to carry out such agreement with respect to such article, and
a reduction equal to the amount applicable under paragraph (1) had taken effect at 1-year intervals after the effective date of such first reduction.
This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction.
Simplification of computation
section 2111(b) of this titleIf the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by or subsection (a) of this section by not more than whichever of the following is lesser:
the difference between the limitation and the next lower whole number, or
one-half of 1 percent ad valorem.
Ten-year period for commencement of reductions in rates of duty
section 2111 of this title No reduction in the rate of duty on any article pursuant to a trade agreement under shall take effect more than 10 years after the effective date of the first reduction proclaimed to carry out such trade agreement with respect to such article.
If any part of a reduction takes effect, then any time thereafter during which any part of the reduction is not in effect by reason of legislation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining—
the 1-year intervals referred to in subsection (a)(2), and
the expiration of the 10-year period referred to in paragraph (1) of this subsection.
Pub. L. 93–618, title I, § 10988 Stat. 1985Pub. L. 96–39, title XI, § 1106(c)(3)93 Stat. 312(, , ; , , .)
Editorial Notes
Amendments
Pub. L. 96–391979—Subsec. (c)(2). substituted “any part of the reduction” for “such part of the reduction”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment
Pub. L. 96–39section 1114 of Pub. L. 96–39section 2581 of this titleAmendment by effective , see , set out as an Effective Date note under .
Staging of Certain Tariff Reductions
Pub. L. 96–39, title V, § 50393 Stat. 251
In General .—
19 U.S.C. 211119 U.S.C. 2119The aggregate reduction in the rate of duty applicable to items described in this subsection in effect on any day pursuant to a trade agreement entered into under section 101 of the Trade Act of 1974 [] before , may exceed the limitation in section 109(a) of such Act ():
Items amended under section 223(d) of this Act [items 402.00 to 413.51 of the Tariff Schedules] to the extent that they apply to articles which the President determines were not imported into the United States before , and were not produced in the United States before .
19 U.S.C. 2462 Items to the extent that they apply to articles which the President determines are not import sensitive and are the product of a least developed developing country as defined in the United Nations General Assembly list of “Least Developed Countries” and which are beneficiary developing countries under section 502 of the Trade Act of 1974 [].
The President may at any time suspend the treatment accorded under subparagraph (A) in which case the aggregate reduction in effect for such products shall be the reduction in effect for countries other than least developed developing countries.
Item 628.57. Notwithstanding the first sentence of this subsection, the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the extent necessary to permit an aggregate reduction of 4.8 percent ad valorem in the rate of duty in effect under such item during the first 1-year period after the effective date of the first reduction in the rate of duty proclaimed for such item.
Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and 429.47.
Items 306.31, 306.32, 306.33, and 306.34. Notwithstanding subsection (a), the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the extent necessary to permit the total reduction proclaimed under section 101 of the Trade Act of 1974 relating to such item to take effect within 2 years after the effective date of the first reduction in the rate of duty proclaimed for such item.
Items for which the President determines the effective date of the first reduction will be after , and before , to the extent necessary to permit the second reduction to take effect on .
Opportunity for Comment .—
Before making any determination under subsection (a)(1) and (2), the President shall provide interested parties an opportunity to comment and shall publish his final determinations in the Federal Register before .”