Page:United States Statutes at Large Volume 70.djvu/847

 70 S T A T. ]

PUBLIC LAW 870-AUG. 1, 1956

791

" (G) the term 'standard commercial class of articles' means, with respect to any fiscal year, two or more articles with respect to which the following conditions are met: "(i) at least one of such articles either is customarily maintained in stock by the contractor or subcontractor or is offered for sale in accordance with a price schedule regularly maintained by the contractor or subcontractor, "(ii) all of such articles are of the same kind and manufactured of the same or substitute materials (without necessarily being of identical specifications), "(iii) all of such articles are sold at reasonably comparable prices, and "(iv) at least 35 percent of the aggregate receipts or accruals in the fiscal year by the contractor or subcontractor from sales of all of such articles are not (without regard to this subsection and subsection (c) of this section) subject to this title. "(5) WAIVER OF EXEMPTION.—Any contractor or subcontractor may waive the exemption provided in paragraphs (1) and (2) with respect to his receipts or accruals in any fiscal year from sales of any article or service by including a statement to such effect in the financial statement filed by him for such fiscal year pursuant to section 105(e)(1), without necessarily waiving such ^^'«' P* ^^^* exemption with respect to receipts or accruals in such fiscal year from sales of any other article or service. A waiver, if made, shall be unconditional, and no waiver may be made without the permission of the Board for any receipts or accruals with respect to which the contractor or subcontractor has previously filed an application under paragraph (3). "(6) NONAPPLICABILITY DURING NATIONAL EMERGENCIES.—Paragraphs (1) and (2) shall not apply to amounts received or accrued during a national emergency proclaimed by the President, or declared by the Congress, after the date of the enactment of the Renegotiation Amendments Act of 1956." (b) Section 102(d) of such Act is amended by striking out "section loJf s c*'a 106 (a)(8) " each place it appears and inserting in lieu thereof 1212. "section 106(e)". (c) The amendments made by this section shall apply only with respect to fiscal years (as defined in section 103(h) of such Act) end- 12^13. ^ ^ ^ ^^^' ing after June 30, 1956. SEC. 10. Section 107(c) of such Act (50 U.S.C. App., sec. 1217 (c)) is amended by striking out "subject to the Classification Act of ^s Stat. 20. 1949 (but without regard to the civil-service laws and regulations)'' and inserting in lieu thereof "subject to the Classification Act of 1919 and the civil-service laws and regulations". SEC. 11. (a) The next to the last sentence of section 108 of such Act (50 U.S.C., App., sec. 1218) is amended by inserting "only" after 65 Stat. 21. "section 105". (b) The amendment made by subsection (a) shall be effective as of Effective date, the date of the enactment of the Renegotiation Act of 1951. s o u s e app. SEC. 12. Such Act is amended by inserting after section 108 a new so "u*l"c app. section as follows: ^ ^ ^*' "SEC. 108A. VENUE OF APPEALS FROM TAX COURT DECISIONS IN RENEGOTIATION CASES. "A decision of the Tax Court of the United States under section 108 of this Act may, to the extent subject to review, be reviewed by— "(1) The United States Court of Appeals for the circuit in which is located the office to which the contractor or subcontractor

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