Page:United States Statutes at Large Volume 102 Part 2.djvu/150

 102 STAT. 1154

PUBLIC LAW 100-418—AUG. 23, 1988 (A) an article that was previously subject to the restriction being excluded from the restriction; or (B) an article not previously subject to the restriction being included within the restriction; the President may proclaim changes in subchapter IV of chapter 99 of the Harmonized Tariff Schedule to conform that subchapter to the fullest extent possible to part 3 of the Appendix to the old Schedules. (2) Whenever the President determines that the conversion from headnote 2 of subpart A of part 10 of schedule 1 of the old Schedules to Additional U.S. Note 2, chapter 17, of the Harmonized Tariff Schedule results in— (A) an article that was previously covered by such headnote being excluded from coverage; or (B) an article not previously covered by such headnote being included in coverage; the President may proclaim changes in Additional U.S. Note 2, chapter 17 of the Harmonized Tariff Schedule to conform that note to the fullest extent possible to headnote 2 of subpart A of part 10 of schedule 1 of the old Schedules. (3) No change to the Harmonized Tariff Schedule may be proclaimed under paragraph (1) or (2) after June 30, 1990.

Courts, U.S.

Reports.

(d) CERTAIN PROTESTS AND PETITIONS UNDER THE CUSTOMS LAW.—

(I)(A) This subtitle may not be considered to divest the courts of jurisdiction over— (i) any protest filed under section 514 of the Tariff Act of 1930(19 U.S.C. 1514);or (ii) any petition by an American manufacturer, producer, or wholesaler under section 516 of such Act (19 U.S.C. 1516); covering articles entered before the effective date of the Harmonized Tariff Schedule. (B) Nothing in this subtitle shall affect the jurisdiction of the courts with respect to articles entered after the effective date of the Harmonized Tariff Schedule. (2)(A) If any protest or petition referred to in paragraph (I)(A) is sustained in whole or in part by a final judicial decision, the entries subject to that protest or petition and made before the effective date of the Harmonized Tariff Schedule shall be liquidated or reliquidated, as appropriate, in accordance with such final judicial decision under the old Schedules. (B) At the earliest practicable date after the effective date of the Harmonized Tariff Schedule, the Commission shall initiate an investigation under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) of those final judicial decisions referred to in subparagraph (A) that— (i) are published during the 2-year period beginning on February 1, 1988; and (ii) would have affected tariff treatment if they had been published during the period of the conversion of the old Schedules into the format of the Convention. No later than September 1, 1990, the Commission shall report the results of the investigation to the President, the Committee on Ways and Means, and the Committee on Finance, and shall recommend those changes to the Harmonized Tariff Schedule that the Commission would have recommended if the final decisions concerned had been made before the conversion into the format of the Convention occurred.

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