Page:United States Statutes at Large Volume 103 Part 3.djvu/971

 PRCXJLAMATION 5978—MAY 12, 1989 103 STAT. 3039 meaning of the Agreement for Facilitating the International Circulation of Visual and Audi- tory Materials of an Educational, Scientific, and Cultural Character (17 UST (pt. 2) 1578; 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 pur- suant 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 special- ized 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 domes- tic 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 follow- ing 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 l(a]". 10. Subchapter XVII of chapter 98 is further modified by inserting in niunerical 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 projection; microfilm, microfiches and similar articles Free Fr a* 9817.00.44 Motion-picture films in any form on which pictures, or sound and pictures, have been recorded, whether or not developed Free En* 9817.00.46 Sound recordings, combination sound and visual recordings, and magnetic recordings; video discs, video tapes and similar articles Free Vn% 9817.00.48 Patterns and wall charts; globes; mock-ups or visualizations of abstract concepts such as molecular structiuvs or mathematical formu- lae; materials for programmed instruction; and kits containing printed materials and audio materials and visual materials or any combination of two or more of the foregoing Free F^ree Articles specially designed or adapted for the use or benefit of the blind or other phys- ically or mentally handicapped persons: Articles for the blind: 9817.00.92 Books, music and pamphlets, in raised print, used exclusively by or for them Free Vtma

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