Page:United States Statutes at Large Volume 96 Part 2.djvu/986

 96 STAT. 2348 "Physically or iT^ndkia^ ed persons."^^

PUBLIC LAW 97-446—JAN. 12, 1983

"(a) The term '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) These items 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.", (c) STATISTICAL INFORMATION.—The Secretary of the Treasury, in conjunction with the Secretary of Commerce, shall take such actions as are necessary to obtain adequate statistical information with respect to articles to which the amendments made by this section apply. SEC. 166. AUTHORITY TO LIMIT CERTAIN DUTY-FREE ACCORDED UNDER THIS ACT.

TREATMENT

(a) AUTHORITY TO LIMIT.—

(1) IN GENERAL.—In addition to any authority under section 201 of the Trade Act of 1974 (19 U.S.C. 2251), the President may proclaim changes in the Tariff Schedules of the United States (19 U.S.C. 1202) to narrow the scope of, or place conditions upon, the duty-free treatment accorded under section 164, section 165, or section 167(b) (insofar as section 167(b) relates to temporary duty-free treatment of articles covered by sections 164 and 165) with respect to any type of article the duty-free treatment of which— (A) has significant adverse impact on a domestic industry (or portion thereof) manufacturing or producing a like or directly competitive article, and (B) is not provided for in the Florence Agreement or the Nairobi Protocol. (2) RATES WHICH ARE TO TAKE EFFECT IF DUTY-FREE TREATMENT

EUMiNATED.—If the President eliminates any duty-free treatment under paragraph (1), the rate of duty thereafter applicable to any article which is— (A) affected by such action, and (B) imported from cuiy source, shall be the rate proclaimed by the President as the rate applicable to such article from such source (determined without regard to this subtitle). (b) RESTORATION OF TREATMENT.—If the President determines that any duty-free treatment which is no longer in effect because of action taken under subsection (a) could be restored in whole or in part without a resumption of significant adverse impact on a domestic industry or portion thereof, the President may proclaim changes to the Appendix to the Tariff Schedules of the United States to resume such duty-free treatment. (c) OPPORTUNITY TO PRESENT VIEWS.—Before taking an action authorized by subsection (a) or (b), the President shall afford an opportunity for interested Government agencies and private persons to present their views concerning the proposed action.

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