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ceeding. The Commission shall have the right to (i) intervene in the proceeding and, upon doing so, shall be heard on all matters arising therein, and (ii) file a petition for appeal. The Commission or the defendant may remove such proceeding to the district court of the United States for the proper district by following the procedure for removal otherwise provided by law, except that the petition for removal shall be filed within sixty days after service of the summons and complaint upon the defendant. The Commission shall have the right to appear as amicus curiae in any such proceeding.". CONFIDENTIALITY PROVISIONS; DISCLOSURE

SEC. 222. Section 8 of the Commodity Exchange Act (7 U.S.C. 12) is amended by— (1) inserting immediately before the period at the end of subsection (a) the following: ": Provided further. That the Commission may withhold from public disclosure any data or information concerning or obtained in connection with any pending investigation of any person"; (2) amending subsection Qoi) by— (A) striking out "or" before "in an administrative or judicisil proceeding"; and (B) inserting immediately before the period at the end thereof ", in any receivership proceeding involving a receiver appointed in a judicial proceeding brought under this Act, or in any bankruptcy proceeding in which the Commission has intervened or in which the Commission has the right to appear and be heard under title 11 of the United States Code"; (3) amending subsection (e) by— (A) striking out "of the Executive Branch"; and (B) adding at the end thereof the following: "Upon the request of any department or agency of any State or any political subdivision thereof, acting within the scope of its jurisdiction, or any department or agency of any foreign government or any political subdivision thereof, acting within the scope of its jurisdiction, the Commission may furnish to such department or agency any information in the possession of the Commission obtained in connection with the administration of this Act. Any information furnished to any department or agency of any State or political subdivision thereof shall not be disclosed by such department or agency except in connection with an adjudicatory action or proceeding brought under this Act or the laws of such State or political subdivision to which such State or political subdivision or any department or agency thereof is a party. The Commission shall not furnish any information to a department or agency of a foreign government or political subdivision thereof unless the Commission is satisfied that the information will not be disclosed by such department or agency except in connection with an adjudicatory action or proceeding brought under the laws of such foreign government or political subdivision to which such foreign government or political subdivision or any department or agency thereof is a party."; (4) redesignating subsections (f) and (g) as subsections (h) and (i), respectively; and

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(5) adding new subsections (f) and (g) to read as follows: "(f) The Commission shall disclose information in its possession pursuant to a subpena or summons only if— "(1) a copy of the subpena or summons has been mailed to the last known home or business address of the person who submitted the information that is the subject of the subpena or summons, if the address is known to the Commission, or, if such mailing would be unduly burdensome, the Commission provides other appropriate notice of the subpena or summons to such person, and "(2) at least fourteen days have expired from the date of such mailing of the subpena or summons, or such other notice. This subsection shall not apply to congressional subpenas or congressional requests for information. "(g) The Commission shall provide any registration information maintained by the Commission on any registrant upon reasonable request made by any department or agency of any State or any political subdivision thereof. Whenever the Commission determines that such information may be appropriate for use by any department or agency of a State or political subdivision thereof, the Commission shall provide such information without request.". REGISTRATION AUTHORITY; TEMPORARY LICENSE

SEC. 223. Section Sad) of the Commodity Exchange Act (7 U.S.C. 12a(l)) is amended to read as follows: "(1) to register futures commission merchants, associated persons of futures commission merchants, introducing brokers, associated persons of introducing brokers, commodity trading advisors, associated persons of commodity trading advisors, commodity pool operators, associated persons of commodity pool operators, and floor brokers upon application in accordance with rules and regulations and in the form and manner to be prescribed by the Commission, which may require the applicant, and such persons associated with the applicant as the Commission may specify, to be fingerprinted and to submit, or cause to be submitted, such fingerprints to the Attorney General for identification and appropriate processing, and in connection therewith to fix and establish from time to time reasonable fees and charges for registrations and renewals thereof: Provided, That notwithstanding any provision of this Act, the Commission may grant a temporary license to any applicant for registration with the Commission pursuant to such rules, regulations, or orders as the Commission may adopt, except that the term of any such temporary license shall not exceed six months from the date of its issuance;". STATUTORY DISQUAUFICATION FROM REGISTRATION; DELEGATION OF REGISTRATION FUNCTIONS

SEC. 224. Section 8a of the Commodity Exchange Act (7 U.S.C. 12a) is amended by— (1) amending paragraph (2) to read as follows: "(2) upon notice, but without a hearing and pursuant to such rules, regulations, or orders as the Commission may adopt, to refuse to register, to register conditionally, or to suspend or place restrictions upon the registration of, any person and with

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such a hearing as may be appropriate to revoke the registration of any person— (A) if a prior registration of such person in any capacity has been suspended (and the period of such suspension has not expired) or has been revoked; "(B) if registration of such person in any capacity has been refused under the provisions of paragraph (3) of this section within five years preceding the filing of the application for registration or at any time thereafter; "(C) if such person is permanently or temporarily enjoined by order, judgment, or decree of any court of competent jurisdiction (except that registration may not be revoked solely on the basis of such temporary order, judgment, or decree), including an order entered pursuant to an agreement of settlement to which the Commission or any Federal or State agency or other governmental body is a party, from (i) acting as a futures commission merchant, introducing broker, floor broker, commodity trading advisor, commodity pool operator, associated person of any registrant under this Act, securities broker, securities dealer, municipal securities broker, municipal securities dealer, transfer agent, clearing agency, securities information processor, investment adviser, investment company, or affiliated person or employee of any of the foregoing or (ii) engaging in or continuing any activity involving any transaction in or advice concerning contracts of sale of a commodity for future delivery, concerning matters subject to Commission regulation under section 4c or 19 of this Act, or concerning securities; "(D) if such person has been convicted within ten years preceding the filing of the application for registration or at any time thereafter of any felony that (i) involves any transactions or advice concerning any contract of sale of a commodity for future delivery, or any activity subject to Commission regulation under section 4c or 19 of this Act, or concerning a security, (ii) arises out of the conduct of the business of a futures commission merchant, introducing broker, floor broker, commodity trading advisor, commodity pool operator, associated person of any registrant under this Act, securities broker, securities dealer, municipal securities broker, municipal securities dealer, transfer agent, clearing agency, securities information processor, investment adviser, investment company, or an affiliated person or employee of any of the foregoing, (iii) involves embezzlement, theft, extortion, fraud, fraudulent conversion, misappropriation of funds, securities or property, forgery, counterfeiting, false pretenses, bribery, or gambling, or (iv) involves the violation of section 152, 1341, 1342, or 1343, or chapter 25, 47, 95, or 96 of title 18, United States Code; "(E) if such person, within ten years preceding the filing of the application or at any time thereafter, has been found by any court of competent jurisdiction, by the Commission or any Federal or State agency or other governmental body, or by agreement of settlement to which the Commission or any Federal or State agency or other governmental body is a party, (i) to have violated any provision of this Act, the Securities Act of 1933, the Securities Exchange Act of 1934,

^ use 6c, 23.

18 USC 471 et f^^^ ^^^^ ^^ *f,'?-i g^ g^q *^^'

15 USC 77a, 78a.

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 96 STAT. 2312 15 USC 79, 77aaa, 80b-20, 80a-51, 78aaa, 78a note.

7 USC 9. "Principal."

PUBLIC LAW 97-444—JAN. 11, 1983 the Public Utility Holding Company Act of 1935, the Trust Indenture Act of 1939, the Investment Advisers Act of 1940, the Investment Company Act of 1940, the Securities Investors Protection Act of 1970, the Foreign Corrupt Practices Act of 1977, or any similar statute of a State or foreign jurisdiction, or any rule, regulation, or order under any such statutes, or the rules of the Municipal Securities Rulemaking Board where such violation involves embezzlement, then, extortion, fraud, fraudulent conversion, misappropriation of funds, securities or property, forgery, counterfeiting, false pretenses, bribery, or gambling, or (ii) to have willfully aided, abetted, counseled, commanded, induced, or procured such violation by any other person; "(F) if such person is subject to an outstanding order of the Commission denying trading privileges on any contract market to such person, denying, suspending, or revoking such person's membership in any contract market or registered futures association, or barring or suspending such person from being associated with a registrant under this Act or with a member of a contract market or with a member of a registered futures association; "(G) if, as to any of the matters set forth in subparagraphs (A) through (F) of this paragraph, such person willfully made any material false or misleading statement or omitted to state any material fact in such person's application; or "(H) if refusal, suspension, or revocation of the registration of any principal of such person would be warranted because of a statutory disqualification listed in this paragraph: Provided, That such person may appeal from a decision to refuse registration, condition registration, suspend, revoke or to place restrictions upon registration made pursuant to the provisions of this paragraph in the manner provided in section 6(b) of this Act; and Provided, further, That for the purposes of paragraphs (2) and (3) of this section, 'principal' shall mean, if the person is a partnership, any general partner or, if the person is a corporation, any officer, director, or beneficial owner of at least 10 per centum of the voting shares of the corporation, and any other person that the Commission by rule, regulation, or order determines has the power, directly or indirectly, through agreement or otherwise, to exercise a controlling influence over the activities of such person which are subject to regulation by the Commission;"; (2) striking out paragraph (4) and redesignating paragraph (3) as paragraph (4); (3) inserting a new paragraph (3) to read as follows: "(3) to refuse to register or to register conditionally any person, if it is found, after opportunity for hearing, that— "(A) such person has been found by the Commission or by any court of competent jurisdiction to have violated, or has consented to findings of a violation of, any provision of this Act, or any rule, regulation, or order thereunder (other than a violation set forth in paragraph (2) of this section), or to have willfully aided, abetted, counseled, commanded, induced, or procured the violation by any other person of any such provision;

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"(B) such person has been found by any court of competent jurisdiction or by any Federal or State agency or other governmental body, or by agreement of settlement to which any Federal or State agency or other governmental body is a party, (i) to have violated any provision of the Securities Act of 1933, the Securities Exchange Act of 1934, the Public 15 USC 77a, 78a, Utility Holding Company Act of 1935, the Trust Indenture 80b-20^86a-5i Act of 1939, the Investment Advisers Act of 1940, the 78aaa, Vsa note. Investment Company Act of 1940, the Securities Investors Protection Act of 1970, the Foreign Corrupt Practices Act of 1977, or any similar statute of a State or foreign jurisdiction, or any rule, regulation, or order under any such statutes, or the rules of the Municipal Securities Rulemaking Board or (ii) to have willfully aided, abetted, counseled, commanded, induced, or procured such violation by any other person; "(C) such person failed reasonably to supervise another person, who is subject to such person's supervision, with a view to preventing violations of this Act, or of any of the statutes set forth in subparagraph (B) of this paragraph, or of any of the rules, regulations, or orders thereunder, and the person subject to supervision committed such a violation: Provided, That no person shall be deemed to have failed reasonably to supervise another person, within the meaning of this subparagraph if (i) there have been established procedures, and a system for applying such procedures, which would reasonably be expected to prevent and detect, insofar as practicable, any such violation by such other person and (ii) such person has reasonably discharged the duties and obligations incumbent upon that person, as supervisor, by reason of such procedures and system, without reasonable cause to believe that such procedures and system were not being complied with; "(D) such person was convicted of a felony other than a felony of the type specified in paragraph (2)(D) of this section within ten years preceding the filing of the application or at any time thereafter, or was convicted of a felony, including a felony of the type specified in paragraph (2)(D) of this section, more than ten years prece^ng the filing of the application; "(E) such person was convicted within ten years preceding the filing of the application for registration or at any time thereafter of any misdemeanor which (i) involves any transaction or advice concerning any contract of sale of a commodity for future delivery or any activity subject to Commission regulation under section 4c or 19 of this Act or concerning a security, (ii) arises out of the conduct of the business of a futures commission merchant, introducing broker, floor broker, commodity trading advisor, commodity pool operator, associated person of any registrant under this Act, securities broker, securities dealer, municipal securities broker, municipal securities dealer, transfer agent, clearing agency, securities information processor, investment adviser, investment company, or an affiliated person or employee of any of the foregoing, (iii) involves embezzlement, theft, extortion, fraud, fraudulent conversion, misappropriation of funds, securities or property, for-

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 96 STAT. 2314

18 USC 471 et 19^1 e?se ^^ 1961 etseq. ^^'

PUBLIC LAW 97-444—JAN. 11, 1983 gery, counterfeiting, false pretenses, bribery, or gambling, (iv) involves the violation of section 152, 1341, 1342, or 1343 or chapter 25, 47, 95, or 96 of title 18, United States Code; '^^ such person was debarred by any agency of the United States from contracting with the United States; "(G) such person willfully made any material false or misleading statement or willfully omitted to state any material fact in such person's application, in any report required to be filed with the Commission by this Act or the regulations thereunder, or in any proceeding before the Commission; "(H) such person has pleaded nolo contendere to criminal charges of felonious conduct, or has been convicted in a State court or in a foreign court of conduct which would constitute a felony under Federal law if the offense had been committed under Federal jurisdiction; "(I) in the case of an applicant for registration in any capacity for which there are minimum financial requirements prescribed under this Act or under the rules or regulations of the Commission, such person has not established that such person meets such minimum financial requirements; "(J) such person is subject to an outstanding order denying, suspen(hng, or expelling such person from membership in a contract market, a registered futures association, or any other self-regulatory organization, or barring or suspending such person from being associated with any member or members of such contract market, association, or self-regulatory organization; "(K) such person has been found by any court of competent jurisdiction or by any Federal or State agency or other governmental body, or by agreement of settlement to which any Federal or State agency or other governmental body is a party, (i) to have violated any statute or any rule, regulation, or order thereunder which involves embezzlement, theft, extortion, fraud, fraudulent conversion, misappropriation of funds, securities or property, forgery, counterfeiting, false pretenses, bribery, or gambling or (ii) to have willfully aided, abetted, counseled, commanded, induced or procured such violation by any other person; "(L) such person has associated with such person any other person and knows, or in the exercise of reasonable care should know, of facts regarding such other person that are set forth as statutory disqualifications in paragraph (2) of this section, unless such person has notified the Commission of such facts and the Commission has determined that such other person should be registered or temporarily licensed; "(M) there is other good cause; or "(N) any principal, as defined in paragraph (2) of this section, of such person has been or could be refused registration: Provided, That pending final determination under this paragraph, registration shall not be granted: Provided further. That such person may appeal from a decision to refuse registration or

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to condition registration made pursuant to this paragraph in the manner provided in section 6(b) of this Act;"; ^"^«' P- 2308. (4) amending paragraph (4), as redesignated, to read as follows: "(4) in accordance with the procedure provided for in section 6(b) of this Act, to suspend, revoke, or place restrictions upon the registration of any person registered under this Act if cause exists under paragraph (3) of this section which would warrant a refusal of registration of such person, and to suspend or revoke the registration of any futures commission merchant or introducing broker who shall knowingly accept any order for the purchase or sale of any commodity for future delivery on or subject to the rules of any contract market from any person if such person has been denied trading privileges on any contract market by order of the Commission under section 6Cb) of this Act and the period of denial specified in such order shall not have expired: Provided, That such person may appeal from a decision to suspend, revoke, or place restrictions upon registration made pursuant to this paragraph in the manner provided in section 6(b) of this Act;"; (5) striking out "and" at the end of each of paragraphs (6), (7), and (8); and (6) adding a new paragraph (10) to read as follows: "(10) to authorize any person to perform any portion of the registration functions under this Act, in accordance with rules, notwithstanding any other provision of law, adopted by such person and submitted to the Commission for approval or, if applicable, for review pursuant to section 17(j) of this Act, and 7 USC 21. subject to the provisions of this Act applicable to registrations granted by the Commission.". EMERGENCY POWERS; JUDICIAL REVIEW

SEC. 225. Section 8a(9) of the Commodity Exchange Act (7 U.S.C. 12a(9)) is amended to read as follows: "(9) to direct the contract market, whenever it has reason to believe that an emergency exists, to take such action as in the Commission's judgment is necessary to maintain or restore orderly trading in or liquidation of any futures contract, including, but not limited to, the setting of temporary emergency margin levels on any futures contract, and the fixing of limits that may apply to a market position acquired in good faith prior to the effective date of the Commission's action. The term "Emergency." 'emergency' as used herein shall mean, in addition to threatened or actual market manipulations and corners, any act of the United States or a foreign government affecting a commodity or any other major market disturbance which prevents the market from accurately reflecting the forces of supply and demand for such commodity. Any action taken by the Commission under this paragraph shall be subject to review only in the United States Court of Appeals for the circuit in which the party seeking review resides or has its principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit. Such review shall be based upon an examination of all the information before the Commission at the time the determination was made. The court reviewing the Commission's action shall not enter a stay or order of mandamus unless it has

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 96 STAT. 2316

PUBLIC LAW 97-444—JAN. 11, 1983 determined, after notice and hearing before a panel of the court, that the agency action complained of was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law. Nothing herein shall be deemed to limit the meaning or interpretation given by a contract market to the terms 'market emergency', 'emergency', or equivalent language in its own bylaws, rules, regulations, or resolutions; and". EXPORT SALES REPORTING

7 USC 12d.

SEC. 226. The Commodity Exchange Act is amended by adding immediately after section 8c (7 U.S.C. 12c) the following new section: "SEC. 8d. The Commission may, in accordance with the procedures provided for in this Act, refuse to register, register conditionally, or suspend, place restrictions upon, or revoke the registration of, any person, and may bar for any period as it deems appropriate any person from using or participating in any manner in any market regulated by the Commission, if such person is subject to a final decision or order of any court of competent jurisdiction or agency of the United States finding such person to have knowingly violated any provision of the export sales reporting requirements of section 812 of the Agricultural Act of 1970 (7 U.S.C. section 612c-3), or of any regulation issued thereunder.". CERTAIN PROHIBITED TRANSACTIONS

"Value.

Review.

SEC. 227. Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is amended by— (1) amending subsection (a) to read as follows: "(a) It shall be a felony punishable by a fine of not more than $500,000 or imprisonment for not more than five years, or both, together with the costs of prosecution, for any person registered or required to be registered under this Act, or any employee or agent thereof, to embezzle, steal, purloin, or with criminal intent convert to his own use or the use of another, any money, securities, or property having a value in excess of $100, which was received by such person or any employee or agent thereof to margin, guarantee, or secure the trades or contracts of any customer or accruing to such customer as a result of such trades or contracts or which otherwise was received from any customer, client, or pool participant in connection with the business of such person. Notwithstanding the foregoing, in the case of any violation described in the foregoing sentence by a person who is an individual, the fine shall not be more than $100,000, together with the costs of prosecution. The word 'value' as used in this subsection means face, par, or market value, or cost price, either wholesale or retail, whichever is greater. A person convicted of a felony under this subsection shall be suspended from registration under this Act and shall be denied registration or reregistration for five years or such longer period as the Comriission shall determine, unless the Commission determines that the imposition of such suspension or denial of registration or reregistration is not required to protect the public interest. The Commission may upon petition later review such disqualification and for good cause shown reduce the period thereof."; (2) amending subsection (b) by adding at the end thereof the following: "A person convicted of a felony under this subsection shall be suspended from any registration under this Act, denied registration or reregistration for five years or such longer

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period as the Commission shall determine, and barred from using or participating in any manner in any market regulated by the Commission for five years or such longer period as the Commission shall determine on such terms and conditions as the Commission may prescribe, unless the Commission determines that the imposition of such suspension, denial of registration or reregistration, or market bar is not required to protect the public interest. The Commission may upon petition later Review. review such disqualification and market bar and for good cause shown reduce the period thereof."; (3) amending subsection (c) by adding at the end thereof the following: "A person convicted under this subsection of knowingly violating the provisions of section 4a shall be suspended ^ use 6a. from any registration under this Act, denied registration or reregistration for a period of two years or such longer period as the Commission shall determine, and barred from using or participating in any manner in any market regulated by the Commission for two years or such longer period as the Commission shall determine on such terms and conditions as the Commission may prescribe, unless the Commission determines that the imposition of such suspension, denial of registration or reregistration, or market bar is not required to protect the public interest. The Commission may upon petition later review Review. such disqualification and market bar and for good cause shown reduce the period thereof."; (4) amending subsection (d) to read as follows: "(d) It shall be a felony punishable by a fine of not more than $100,000 or imprisonment for not more than five years, or both, together with the costs of prosecution, for any Commissioner of the Commission or any employee or agent thereof, to participate, directly or indirectly, in any transaction in commodity futures or any transaction of the character of or which is commonly known to the trade as an 'option', 'privilege', 'indemnity', 'bid', 'offer', 'put', 'call', 'advance guarantee', or 'decline guaranty', or any transaction for the delivery of any commodity under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the same manner as such a standardized contract, or for any such person to participate, directly or indirectly, in any investment transaction in an actual commodity. Such prohibition against any investment transaction in an actual commodity shall not apply to (1) a transaction in which such person buys an agricultural commodity or livestock for use in such person's own farming or ranching operations or sells an agricultural commodity which such person has produced in connection with such person's own farming or ranching operations nor to any transaction in which such person sells livestock owned by such person for at least three months, (2) a transaction entered into by the trustee of a trust established by such person over which such person exercises no control if such transaction is entered into solely to hedge against adverse price changes in connection with such farming or ranching operations or is a transaction for the lease of oil or gas or other mineral rights or interests owned by such person, or (3) a transaction in which such person buys or sells, directly or indirectly (except by means of an instrument regulated by the

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PUBLIC LAW 97-444—JAN. 11, 1983

Commission), a United States Government security, a certificate of deposit, or a similar financisil instrument if no nonpublic information is used by such person in such transaction. With respect to such excepted transactions, the Commission shall require any Commissioner of the Commission or any employee or agent thereof who participates in any such transaction to notify the Commission thereof in accordance with such regulations as the Commission shall prescribe and the Commission shall make such information available to the public"; and (5) inserting after the words " 'decline guaranty' " each place they appear in subsection (e) the following: ", or in any transaction for the delivery of any commodity under a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or under any contract, account, arrangement, scheme, or device that the Commission determines serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the seime manner as such a standardized contract". REAUTHORIZATION

Appropriation authorization.

SEC. 228. Section 12(d) of the Commodity Exchange Act (7 U.S.C. 16(d)) is amended to read as follows: "(d) There are hereby authorized to be appropriated to carry out ^j^g provisions of this Act such sums as may be required for each of the fiscal years during the period beginning October 1, 1982, and ending September 30, 1986.". OFF-EXCHANGE JURISDICTION; ROLE OF STATES

7 USC 6c, 23.

SEC. 229. Section 12 of the Commodity Exchange Act (7 U.S.C. 16) is amended by adding at the end thereof the following new subsection: "(e) Nothing in this Act shall supersede or preempt— "(1) criminal prosecution under any Federal criminal statute; "(2) the application of any Federal or State statute, including any rule or regulation thereunder, to any transaction in or involving any commodity, product, right, service, or interest (A) that is not conducted on or subject to the rules of a contract market, or (B) (except as otherwise specified by the Commission by rule or regulation) that is not conducted on or subject to the rules of any board of trade, exchange, or market located outside the United States, its territories or possessions, or (C) that is not subject to regulation by the Commission under section 4c or 19 of this Act; or "(3) the application of any Federal or State statute, including any rule or regulation thereunder, to any person required to be registered or designated under this Act who shall fail or refuse to obtain such registration or designation. The Commission may refer any trginsaction or matter subject to such other Federed or State statutes to any department or agency administering such statutes for such investigation, action, or proceedings as that department or agency shall deem appropriate.".

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96 STAT. 2319

AIDING AND ABETTING; CONTROLLING PERSON

SEC. 230. Section 13 of the Commodity Exchange Act (7 U.S.C. 13c) is amended by— (1) striking out "in administrative proceedings under this Act" in subsection (a); (2) redesignating subsection (b) as subsection (c); and (3) inserting a new subsection (b) to read as follows: "(b) Any person who, directly or indirectly, controls any person who has violated any provision of this Act or any of the rules, regulations, or orders issued pursuant to this Act may be held liable for such violation in any action brought by the Commission to the same extent as such controlled person. In such action, the Commission has the burden of proving that the controlling person did not act in good faith or knowingly induced, directly or indirectly, the act or acts constituting the violation.". REPARATIONS PROCEDURE

SEC. 231. Section 14 of the Commodity Exchange Act (7 U.S.C. 18) is amended by— (1) amending subsection (a) to read as follows: "(a) Any person complaining of any violation of any provision of this Act, or any rule, regulation, or order issued pursuant to this Act, by any person who is registered under this Act may, at any time within two years after the cause of action accrues, apply to the Commission for an order awarding actual damages proximately caused by such violation."; (2) amending subsection (b) to read as follows: "(b) The Commission may promulgate such rules, regulations, and orders as it deems necessary or appropriate for the efficient and expeditious administration of this section. Notwithstanding any other provision of law, such rules, regulations, and orders may prescribe, or otherwise condition, without limitation, the form, filing, and service of pleadings or orders, the nature and scope of discovery, counterclaims, motion practice (including the grounds for dismissal of any claim or counterclaim), hearings (including the waiver thereof, which may relate to the amount in controversy), rights of appeal, if any, and all other matters governing proceedings before the Commission under this section."; (3) striking out subsections (c) and (e); (4) redesignating subsections (d), (f), (g), (h), and (i) as (c), (d), (e), (f), and (g), respectively; (5) striking out 'subsection (g)" in subsection (d), as so redesignated, and inserting in lieu thereof "subsection (e)"; and (6) amending subsection (f), as so redesignated, to read as follows: "(f) Unless the party against whom a reparation order has been issued shows to the satisfaction of the Commission within fifteen days from the expiration of the period allowed for compliance with such order that either an appeal as herein authorized has been taken or payment of the full amount of the order (or any agreed settlement thereof) has been made, such party shall be prohibited automatically from trading on all contract markets and, if the party is registered with the Commission, such registration shall be suspended automatically at the expiration of such fifteen-day period until such party shows to the satisfaction of the Commission that

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PUBLIC LAW 97-444—JAN. 11, 1983

payment of such amount with interest thereon to date of payment has been made: Provided, That if on appeal the appellee prevails or if the appeal is dismissed, the automatic prohibition against trading and suspension of registration shall become effective at the expiration of thirty days from the date of judgment on the appeal, but if the judgment is stayed by a court of competent jurisdiction, the suspension shall become effective ten days after the expiration of such stay, unless prior thereto the judgment of the court has been satisfied.". TECHNICAL AMENDMENT

SEC. 232. Section 16(d) of the Commodity Exchange Act (7 U.S.C. 20(d)) is amended by inserting "or market positions" after "transactions". REGISTERED FUTURES ASSOCIATIONS

SEC. 233. Section 17 of the Commodity Exchange Act (7 U.S.C. 21) is amended by— (1) amending subsection (b)(4)(E) by inserting before the period at the end thereof the following: ", which may require the applicant to be fingerprinted and to submit, or cause to be submitted, such fingerprints to the Attorney General for identification and appropriate processing. Notwithstanding any other provision of law, such an association may receive from the Attorney General all the results of such identification and processing"; (2) striking out "section 8a(4)" in subsection (d) and inserting in lieu thereof "section 8a(l)"; (3) striking out "subsection (k)" in subsection (h) and inserting in lieu thereof "subsection (i)"; (4) striking out the last sentence in subsection (j) and inserting in lieu thereof the following: "A registered futures Eissociation shall submit to the Commission any change in or addition to its rules and may make such rules effective ten days after receipt of such submission by the Commission unless, within the ten-day period, the registered futures association requests review and approval thereof by the Commission or the Commission notifies such registered futures association in writing of its determination to review such rules for approval. The Commission shall approve such rules within thirty days of their receipt if Commission approval is requested under this subsection or within thirty days after the Commission determines to review for approval any other rules unless the Commission notifies the registered futures association of its inability to complete such approval or review within such period of time. The Commission shall approve such rules if such rules are determined by the Commission to be consistent with the requirements of this section and not otherwise in violation of this Act or the regulations issued pursuant to this Act, and the Commission shall disapprove, after appropriate notice and opportunity for hearing, any such rule which the Commission determines at any time to be inconsistent with the requirements of this section or in violation of this Act or the regulations issued pursuant to this Act. If the Commission does not approve or institute disapproval proceedings with respect to any rule within one hundred and eighty days after receipt or within such longer period of time as the registered futures association may agree to, or if the Com-

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96 STAT. 2321

mission does not conclude a disapproval proceeding with respect to any rule within one year after receipt or within such longer period as the registered futures association may agree to, such rule may be made effective by the registered futures association until such time as the Commission disapproves such rule in accordance with this subsection."; (5) adding at the end thereof the following new subsections: "(o)(l) The Commission may require any futures association registered pursuant to this section to perform any portion of the registration functions under this Act with respect to each member of the association other than a contract market and with respect to each associated person of such member, in accordance with rules, notwithstanding any other provision of law, adopted by such futures association and submitted to the Commission pursuant to section 17(j) of this Act, and subject to the provisions of this Act applicable '^ use 21. to registrations granted by the Commission. "(2) In performing any Commission registration function authorized by the Commission under section 8a(10), this section, or any 7 USC I2a. other applicable provisions of this Act, a futures association may issue orders (A) to refuse to register any person, (B) to register conditionally any person, (C) to suspend the registration of any person, (D) to place restrictions on the registration of any person, or (E) to revoke the registration of any person. If such an order is the final decision of the futures association, any person against whom the order has been issued may petition the Commission to review the decision. The Commission may on its own initiative or upon petition decline review or grant review and affirm, set aside, or modify such an order of the futures association; and the findings of the futures association as to the facts, if supported by the weight of the evidence, shall be conclusive. Unless the Commission grants review under this section of an order concerning registration iissued by a futures association, the order of the futures association shall be considered to be an order issued by the Commission. "(3) Nothing in this section shall affect the Commission's authority to review the granting of a registration application by a registered futures association that is performing any Commission registration function authorized by the Commission under section BaTlO), this section, or any other applicable provision of this Act. "(4) If a person against whom a futures association has issued a registration order under this subsection petitions the Commission to review that order and the Commission declines to take review, such person may file a petition for review with a United States court of appeals, in accordance with section 6(b) of this Act. 7 USC 9. "(p) Notwithstanding any other provision of this section, each futures association registered under this section on the date of enactment of the Futures Trading Act of 1982, shall adopt and submit for Commission approval not later than ninety days after such date of enactment, and each futures association that applies for registration after such date shall adopt and include with its application for registration, rules of the association that require the association to— "(1) establish training standards and proficiency testing for persons involved in the solicitation of transactions subject to the provisions of this Act, supervisors of such persons, and all persons for which it has registration responsibilities, and a program to audit and enforce compliance with such standards;

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PUBLIC LAW 97-444—JAN. 11, 1983

"(2) establish minimum capital, segregation, and other financial requirements applicable to its members for which such requirements are imposed by the Commission and implement a program to audit and enforce compliance with such requirements, except that such requirements may not be less stringent than those imposed on such firms by this Act or by Commission regulation; and "(3) establish minimum standards governing the sales practices of its members and persons associated therewith for transactions subject to the provisions of this Act. "(q) Each futures association registered under this section shall develop a comprehensive program that fully implements the rules approved by the Commission under this section as soon as practicable but not later than September 30, 1985, in the case of any futures association registered on the date of enactment of the Futures Trading Act of 1982, and not later than two and one-half years after the date of registration in the case of any other futures association registered under this section.". LEVERAGE TRANSACTIONS

SEC. 234. Section 19 of the Commodity Exchange Act (7 U.S.C. 23) is amended by— (1) amending subsection (c) to read as follows: "(c) The Commission shall regulate any transactions under a standardized contract described in subsection (a) of this section involving commodities described in subsection (b) of this section or any other commodities (except those commodities described in subsection (a) of this section) under such terms and conditions as the Commission shall prescribe by rule, regulation, or order made only after notice and opportunity for a hearing. The Commission may set different terms and conditions for such transactions involving different commodities. Notwithstanding any other provision of this section, the Commission may prohibit any transaction for the delivery of any commodity under a standardized contract described in subsection (a) of this section that is not permitted by the rules, regulations and orders of the Commission in effect on December 9, 1982, if the Commission determines that any such transactions would be contrary to the public interest."; and (2) striking out subsection (d). PRIVATE RIGHTS OP ACTION

7 USC 25.

SEC. 235. The Commodity Exchange Act is amended by adding at the end thereof the following new section: "SEC. 22. (a)(l) Any person (other than a contract market, clearing organization of a contract market, licensed board of trade, or registered futures association) who violates this Act or who willfully aids, abets, counsels, induces, or procures the commission of a violation of this Act shall be liable for actual damages resulting from one or more of the transactions referred to in clauses (A) through (D) of this paragraph and caused by such violation to any other person— "(A) who received trading advice from such person for a fee; "(B) who made through such person any contract of sale of any commodity for future delivery (or option on such contract or any commodity); or who deposited with or paid to such person

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money, securities, or property (or incurred debt in lieu thereof) in connection with any order to make such contract; "(C) who purchased from or sold to such person or placed through such person an order for the purchase or sale of— "(i) an option subject to section 4c of this Act (other than an option purchased or sold on a contract market or other board of trade); "(ii) a contract subject to section 19 of this Act; or "(iii) an interest or participation in a commodity pool; or "(D) who purchased or sold a contract referred to in clause (B) hereof if the violation constitutes a manipulation of the price of any such contract or the price of the commodity underlying such contract. "(2) Except as provided in subsection (b), the rights of action authorized by this subsection and by sections 5a(ll), 14, and 17b(10) of this Act shall be the exclusive remedies under this Act available to any person who sustains loss as a result of any alleged violation of this Act. Nothing in this subsection shall limit or abridge the rights of the parties to agree in advance of a dispute upon any forum for resolving claims under this section, including arbitration. "(b)(l)(A) A contract market or clearing organization of a contract market that fails to enforce any bylaw, rule, regulation, or resolution that it is required to enforce by section 5a(8) and section 5a(9) of this Act, (B) a licensed board of trade that fails to enforce any bylaw, rule, regulation, or resolution that it is required to enforce by the Commission, or (C) any contract market, clearing organization of a contract market, or licensed board of trade that in enforcing any such bylaw, rule, regulation, or resolution violates this Act or any Commission rule, regulation, or order, shall be liable for actual damages sustained by a person who engaged in any transaction on or subject to the rules of such contract market or licensed board of trade to the extent of such person's actual losses that resulted from such transaction and were caused by such failure to enforce or enforcement of such bylaws, rules, regulations, or resolutions. "(2) A registered futures association that fails to enforce any bylaw or rule that is required under section 17 of this Act or in enforcing any such bylaw or rule violates this Act or any Commission rule, regulation, or order shall be liable for actual damages sustained by a person that engaged in any transaction specified in subsection (a) of this section to the extent of such person's actual losses that resulted from such transaction and were caused by such failure to enforce or enforcement of such bylaw or rule. "(3) Any individual who, in the capacity as an officer, director, governor, committee member, or employee of a contract market, clearing organization, licensed board of trade, or a registered futures association willfully aids, abets, counsels, induces, or procures any failure by any such entity to enforce (or any violation of the Act in enforcing) any bylaw, rule, regulation, or resolution referred to in paragraph (1) or (2) of this subsection, shall be liable for actual damages sustained by a person who engaged in any trsmsaction specified in subsection (a) of this section on, or subject to the rules of, such contract market, licensed board of trade or, in the case of an officer, director, governor, committee member, or employee of a registered futures association, any transaction specified in subsection (a) of this section, in either case to the extent of such person's

97-200 O—84—pt. 2

31: QL3

7 USC 6c. 7 USC 23.

^ Y|' ^^' ^^^^'

Ante, p. 2306.

7 USC 21.

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actual losses that resulted from such transaction and were caused by such failure or violation. "(4) A person seeking to enforce liability under this section must establish that the contract market, licensed board of trade, clearing organization, registered futures association, officer, director, governor, committee member, or employee acted in bad faith in failing to take action or in taking such action as was taken, and that such failure or action caused the loss. "(5) The rights of action authorized by this subsection shall be the exclusive remedy under this Act available to any person who sustains a loss as a result of (A) the alleged failure by a contract market, licensed board of trade, clearing organization, or registered futures association or by any officer, director, governor, committee member, or employee to enforce any bylaw, rule, regulation, or resolution referred to in paragraph (1) or (2) of this subsection, or (B) the taking of action in enforcing any bylaw, rule, regulation, or resolution referred to in this subsection that is alleged to have violated this Act, or any Commission rule, regulation, or order. "(c) The United States district courts shall have exclusive jurisdiction of actions brought under this section. Any such action must be brought within two years after the date the cause of action accrued. "(d) The provisions of this section shall become effective with respect to causes of action accruing on or after the date of enactment of the Futures Trading Act of 1982: Provided, That the enactment of the Futures Trading Act of 1982 shall not affect any right of any parties which may exist with respect to causes of action accruing prior to such date.. SPECIAL STUDY OF FUTURES AND RELATED MARKETS

7 USC 26.

SEC. 236. The Commodity Exchange Act is amended by adding at the end thereof the following new section: "SEC. 23. (a)(1) The Board of Governors of the Federal Reserve System, the Commission, and the Securities and Exchange Commission, with assistance from the Secretary of the Treasury, shall conduct a study of the effects on the economy of trading in contracts of sale of commodities for future delivery and in options (including options on commodities, options on contracts of sale of commodities for future delivery, options on foreign currencies, and options on securities, including exempted securities or on any group or index of securities). The agencies participating in the study may select representative futures contracts and options contracts and representative periods of time for detailed study. "(2) The Board of Governors of the Federal Reserve System shall organize the study and shall do so in such manner that the total cost to all participating agencies of conducting the study is not more than $3,000,000. To the extent possible, such agencies shall use data which are readily available to them. "(3) among the areas to be studied are— "(A) the effects, if any, that trading in such instruments has on the formation of real capital in the economy (particularly that of a long-term nature) and the structure of liquidity in credit markets; "(B) the economic purposes, if any, served by the trading of such instruments; "(C) the sufficiency of the public policy tools available to regulate such trading activity to avoid harmful economic effects

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in the markets for such instruments, the underlying cash markets, and related financial markets; "(D) the adequacy of investor protections afforded to participants in the markets for such instruments; and "(E) the extent to which such instruments may be utilized to manipulate, or profit from the manipulation of, the markets for evidences of indebtedness, foreign currency, and securities. "(4) The Commission shall have primary responsibility for selecting and studying the instruments under its jurisdiction, and the Securities and Exchange Commission shall have primary responsibility for selecting and studying the instruments under its jurisdiction. "(5) The Board of Governors of the Federal Reserve System shall review, and may supplement with its own analyses, the studies conducted under this subsection by the Commission and the Securities and Exchange Commission. The Board of Governors, after consultation with the Commission and the Securities and Exchange Commission, shall, not later than September 30, 1984, submit to Congress a report comprised of such studies, together with any supplementation and recommendations for legislative or regulatory action proposed by the participants. "(b)(1) The Commission shall conduct at a cost of not more than $200,000 a study of (A) the nature, extent, and effects of trading in representative futures markets by persons possessing material information not generally available to the public regarding present or anticipated cash or futures transactions (to which such persons are not parties) in any commodity, and (B) the adequacy of the Commission's authority to prevent market and customer abuses resulting from the possession of such nonpublic information. "(2) To the extent possible, the Commission shall use data which are readily available to it in conducting the study. The Commission shall, not later than September 30, 1984, transmit to the (Dommittee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the results of the study and including any recommendations for legislative action.".

Report to Congress.

Report to congressional committees.

NATIONAL FUTURES ASSOCIATION STUDY AND SERVICE FEES

SEC. 237. Section 26 of the Futures Trading Act of 1978 (92 Stat. 7 USC 16a. 877) is amended by— (1) inserting "(a)" immediately following the section designation; and (2) adding at the end thereof the following new subsections: Report to "(b) The Commodity Futures Trading Commission shall submit to Congress. Congress a report containing the results of a study of the regulatory experience of the National Futures Association for the period beginning January 1, 1983 and ending September 30, 1985. The report shall be submitted not later than January 1, 1986. The report shall include (but not to be limited to) the following— "(1) the extent to which the National Futures Association has fully implemented the program provided in the rules approved by the Commission under section 17(p) and (q) of the Commodity Exchange Act and the effectiveness of the operation of such 7 USC 21. program;

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7 USC 1.

PUBLIC LAW 97-444—JAN. 11, 1983

"(2) the actual and projected cost savings to the Federal Government, if any, resulting from operations of the National Futures Association; "(3) the actual and projected costs which the Commission and the public would have incurred if the Association had not undertaken self-regulatory responsibility for certain areas under the Commission's jurisdiction; "(4) problem areas, if any, encountered by the Association; "(5) the nature of the working relationship between the Association and the Commission; "(6) an assessment of the actual and projected efficiencies the Commission has achieved or expects to be achieved as a result of the continuing regulatory activities of the Association; and "(7) the immediate and projected capabilities of the Commission at the time of submission of the study to turn its attention to more immediate problems of regulation, as a result of the activities of the Association. "(c) Nothing in this section shall limit the authority of the Commission to promulgate, after notice and opportunity for hearing, a schedule of appropriate fees to be charged for services rendered and activities and functions performed by the Commission in conjunction with its administration and enforcement of the Commodity Exchange Act: Provided, That the fees for any specified service or activity or function shall not exceed the actual cost thereof to the Commission.". AGRICULTURAL EXPORTS

SEC. 238. Section 812 of the Agricultural Act of 1970 (7 U.S.C. 612c-3) is amended by adding a^ the end thereof the following new sentence: "Notwithstanding any other provision of law, the President shall not prohibit or curtail the export of any agricultural commodity or the products thereof under an export sales contract (1) entered into before the President announces an action that would otherwise prohibit or curtail the export of the commodity or products thereof, (2) the terms of which require delivery of the commodity or products thereof within two hundred and seventy days after the date the suspension of trade is imposed, except that the President may prohibit or curtail the export of any commodity or the products thereof during a period for which the President has declared a national emergency or for which Congress has declared war.".

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EFFECTIVE DATE

SEC. 239. This Act shall be effective upon the date of enactment of? use 2 note. this Act, except that sections 207, 212, and 231 of this Act shall be effective one hundred and twenty days after the date of enactment of this Act, or such earlier date as the Commodity Futures Trading Commission shall prescribe by regulation. Approved January 11, 1983.

LEGISLATIVE HISTORY—H.R. 5447: HOUSE REPORTS: No. 97-565, Pt. 1 (Comm. on Agriculture) and Pt. 2 (Comm. on Energy and Commerce), and No. 97-964 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 23, considered and passed House. Oct. 1, considered and passed Senate, amended. Dec. 15, Senate agreed to conference report. Dec. 16, House agreed to conference report.

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PUBLIC LAW 97-445—JAN. 12, 1983

Public Law 97-445 97th Congress Joint Resolution Jan. 12, 1983 [H.J. Res. 459]

Authorizing the President to proclaim May 13, 1983, as "American Indian Day".

Resolved by the Senate and House of Representatives of the United American Indian States of America in Congress assembled, That the President of the °^^ United States is authorized and requested to issue a proclamation designating May 13, 1983, as "American Indian Day", and calUng upon the people of the United States to observe such day with appropriate ceremonies and activities. Approved January 12, 1983.

LEGISLATIVE HISTORY—H.J. Res. 459: CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 17, considered and passed House. Dec. 21, considered and passed Senate.

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Public Law 97-446 97th Congress An Act To reduce certain duties, to suspend temporarily certain duties, to extend certain existing suspensions of duties, and for other purposes.

Jan. 12, 1983 [H.R. 4566]

Be it enacted by the Senate and House of Representatives of the Tariff Scheduleis, United States of America in Congress assembled, temporary duty TITLE I—TARIFF PROVISIONS

suspensions.

SUBTITLE A—IN GENERAL SEC. 101. AMENDMENT OF TARIFF SCHEDULES.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, an item or other provision, the reference shall be considered to be made to an item or other provision of the Tariff Schedules of the United States (19 U.S.C. 1202). SEC. 102. CANNED TUNA.

Item 112.80 is amended— (1) by inserting "and not the product of any insular possession of the United States," immediately after "15 pounds each,"; and (2) by striking out "United States Fish and Wildlife Service" and inserting in lieu thereof "National Marine Fisheries Service". SEC. 103. FURS FROM CHINA.

Headnote 4 to subpart B of part 5 of schedule 1 is amended by striking out "or of the People's Republic of China". SEC. 104. LIMITATION ON IMPORTS OF SEED POTATOES.

The superior heading to items 137.20 and 137.21 is amended by inserting ", and imported for use as seed" after "tags". SEC. 105. CLASSIFICATION OF CERTAIN FABRICS.

Subpart A of part 4 of schedule 3 is amended— (1) by amending the superior heading to items 346.05 through 346.65 to read as follows: Fabrics of pile construction, in which pile threads were inserted or knotted during the weaving or knitting, whether or not the pile threads cover the entire surface and whether the pile threads are wholly or partly cut or are not cut:

(2) by amending the superior heading for items 346.05 and 346.10 to read as follows: Fabric of corduroy construction, whether or not the filling floats are cut

19 USC 1202 note.

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PUBLIC LAW 97-446—JAN. 12, 1983 and (8) by amending the superior heading for items 346.15 through 346.24 to read as follows: Fabric of velveteen construction, whether or not the filling floats are cut:

SEC. 106. REDUCTION OF DUTY ON CERTAIN FOURDRINIER WIRE.

19 USC 1202 note.

(a) IN GENERAL.—Subpart B of part 3 of schedule 6 is amended by striking out item 642.30 and inserting in lieu thereof the following:

642.31 642.33 642.34

Fourdrinier wires, seamed or not seamed, suitable for use in papermaking machines (whether or not parts of, or fitted or attached to, such machines): Of plastics 19.4% ad val. Other: With 240 or more wires to the linear inch Free other 19.4% ad val.

10% ad val.

75% ad val.

12% ad val.

75% ad val. 75% ad val.

(b) APPLICATION WITH OTHER PROVISIONS.—

(1) The rate of duty in column numbered 1 for items 642.31 and 642.34 (as added by subsection (a)) shall be subject to any staged rate reductions for item 642.30 which were proclaimed by the President before the 15th day after the date of the enactment of this Act. (2) Whenever the rate of duty specified in column numbered 1 for such item 642.31 or 642.34 is reduced to the same level as the corresponding rate of duty specified in the column entitled "LDDC" for such item, or to a lower level, the rate of duty in such "LDDC" column shall be deleted. SEC. 107. REDUCTION OF DUTY ON CERTAIN CERAMIC INSULATORS.

(a) IN GENERAL.—Subpart D of part 2 of schedule 5 is amended by inserting immediately after item 535.12 the following new item: 535.13

Ceramic insulators to be used in the production of spark plugs for natural gas-fueled, stationary, internal combustion engines 3.6% ad val.

60% ad val.

(b) REPEAL.—Item 909.20 of the Appendix is repealed. (c) PHASE-DOWN OF TEMPORARY RATE.—Effective with respect to articles entered after December 31, 1983, item 535.13 (as added by subsection (a)) is amended by striking out "3.6% ad val." and inserting in lieu thereof "3.5% ad val.". SEC. 108. PERMANENT DUTY-FREE TREATMENT OF YANKEE DRYER CYLINDERS.

(a) IN GENERAL.—Subpart D of part 4 of schedule 6 is amended by inserting immediately after item 668.04 the following new item: "

j 668.05

I Yankee dryer cylinders

 * Free

I 35% ad val.

I ".

(b) REPEAL.—Item 912.06 of the Appendix is repealed. SEC. 109. CERTAIN AIRCRAFT COMPONENTS AND MATERIALS.

In the case of any aircraft which— (1) was previously exported from the United States, (2) was composed, at the time of such exportation in part of components and materials which are products of the United States and which were installed— (A) while such aircraft was within the United States, and

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(B) after such aircraft was operational, (3) is returned to the United States after being so exported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, and (4) was entered for consumption before 1970, the rate of duty provided for in item 694.40 on the date of such entry shall, notwithstanding any other provision of law, be assessed upon the full value of such aircraft less the value of such components and materials; and such entry shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be 19 USC 1514. reliquidated on the basis of such assessment. For the purposes of this section, the value of any such component or material is the cost of such component or material at the time of installation in the aircraft plus the cost of such installation. SEC. 110. WATCHES. (a) PRODUCTS OP INSULAR POSSESSIONS DEFINED.—Paragraph (a)(i)

i^ u s e 1202

of headnote 3 of the General Headnotes and Rules of Interpretation "°*® is amended by striking out "(or more than 70 percent of the total value with respect to watches and watch movements)". (b) RATE OF DUTY ON WATCHES.—Headnote 6 of schedule 7, part 2, subpart E is amended— (1) by striking out "paragraph (b)" in paragraph (a) and inserting in lieu thereof "paragraphs O> through (h)"; and t) (2) by striking out "an insular possession of the United States outside the customs territory of the United States" in paragraph (a), and inserting in lieu thereof "the Virgin Islands, Guam, and American Samoa (hereinafter referred to as the 'insular possessions')"; and (3) by striking our paragraphs 0)) through (d) and inserting in lieu thereof the following new paragraphs: "(b) Watches and watch movements produced or manufactured in a United States insular possession which contain any foreign component may be admitted free of duty without regard to the value of the foreign materials such watches contain if they conform with the provisions of this headnote, but the total quantity of such articles entered free of duty shall not exceed the amounts established by or pursuant to paragraph (c) of this headnote. "(c) Notwithstanding the provisions of paragraph (b) of this headnote, the provisions of this headnote and the benefits thereunder shall not apply to any article containing any material which is the product of any country with respect to which column 2 rates of duty apply. "(d)(i) In calendar year 1983 the total quantity of such articles which may be entered free of duty shall not exceed 4,800,000 units. "(ii) In subsequent calendar years, the Secretary of Commerce and Limitations. the Secretary of the Interior (hereinafter referred to as the "Secretaries"), acting jointly, shall establish a limit on the quantity which may be entered free of duty during the calendar year, and shall consider whether such limit is in the best interest of the insular possessions and not inconsistent with domestic or internationed trade policy considerations. The quantity the Secretaries establish in any calendar year under this paragraph shall not— "(I) exceed 10,000,000 units, or one-ninth of apparent domestic consumption (as determined by the International Trade 0)m-

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Publication in Federal Register.

Territorial shares.

Allocations.

PUBLIC LAW 97-446—JAN. 12, 1983

mission pursuant to paragraph (d) of this headnote), whichever is greater; "(II) be decreased by more than 10 percent of the quantity established for the immediately preceding calendar year; and "(III) be increased to more than 7,000,000 units, or by more than 20 percent of the quantity established for the immediately preceding calendar year, whichever is greater. "(e) On or before April 1 of each calendar year (beginning with the first year in which watch imports from the United States insular possessions exceed 9,000,000 units), the International Trade Commission shall determine the apparent United States consumption of watches and watch movements (including solid state timepieces) during the preceding calendar year, shall report such determination to the Secretaries, and shall publish such determination in the Federal Register. "(f)(i) In calendar year 1983, not more than 3,000,000 units of the total quantity of articles described in paragraph (d) which may be entered free of duty shall be the product of the Virgin Islands, not more than 1,200,000 imits shall be the product of Guam, and not more than 600,000 units shall be the product of American Samoa, "(ii) For calendar year 1984 and thereafter, the Secretaries may establish new territorial shares of the total amount which may be entered free of duty, taking into account the capacity of each territory to produce and ship its assigned amounts. A territory's share in any year shall not be reduced— "(I) by more than 200,000 units in calendar year 1984 or 1985, and "(II) by more than 500,000 units in calendar year 1986 or thereafter, except that no territorial share shall be established at less than 500,000 units. "(g) The Secretaries, acting jointly, shall allocate the calendar year duty exemptions provided by paragraphs (b), (d), and (f) of this headnote on a fair and equitable basis among producers located in the insular possessions, and shall issue appropriate licenses therefor. Allocations made by the Secretaries shall be final. In making the allocations, the Secretaries shall consider the potential impact of territorial production on domestic production of like articles and shall establish allocation criteria (including minimum assembly requirements) that will reasonably maximize the net amount of direct economic benefits to the insular possessions. "(h)(i) In the case of each calendar year beginning after December 31, 1982, and before Jemuary 1, 1995, the Secretaries, acting jointly, shall"(I) verify the wages paid by each producer to permanent residents of the insular possessions during the preceding calendar year, and "(II) issue to each producer (not later than March 1 of such year) a certificate for the applicable amount, "(ii) For purposes of subparagraph (i), except as provided in subparagraphs (iii) and (iv), the term 'applicable amount' means an amount equal to the sum of— "(I) 90 percent of the producer's creditable wages on the assembly during the preceding calendar year of the first 300,000 units, plus "(II) the applicable graduated declining percentage (determined each year by the Secreteries) of the producer's crediteble

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 96 STAT. 2333

PUBLIC LAW 97-446—JAN. 12, 1983

wages on the assembly during the preceding calendar year of units in excess of 300,000 but not in excess of 750,000. "(iii) The aggregate amount of all certificates which are issued Certificates. during any calendar year shall not exceed an amount which bears the same ratio to $5,000,000 as— "(I) the gross national product of the United States (as determined by the Secretary of Commerce) for the preceding calendar year, bears to— "(II) the gross national product of the United States (as so determined) for 1982. "(iv)(I) Subject to the provision of clause (II), if the amount of the certificates issued under subparagraph (i) would exceed the limit under subparagraph (iii), the applicable amount of each producer's certificate shall be reduced proportionately by the amount of such excess. "(II) The applicable amount of any producer's certificate shall not be reduced below the amount determined under subparagraph (iiXD, except that if the application of this clause would result in the aggregate amount of the certificates exceeding the limit under subparagraph (iii), the applicable amount of each producer's certificate shall again be reduced proportionately by the amount of the excess determined after application of this clause. "(v) Any certificate issued under subparagraph (i) shall entitle the Refund. certificate holder to secure the refund of duties equal to the face value of the certificate on watches, watch movements (including solid state timepieces) and, with the exception of discrete cases, parts therefor imported into the customs territonr of the United States by the certificate holder. Such refunds shall be made under regulations issued by the Treasury Department. Not more than 5 percent of such refunds may be retained as a reimbursement to the Customs Service for the administrative costs of making the refunds. "(vi) Any certificate issued under subparagraph (i), or any portion thereof, shall be negotiable. "(vii) Any certificate issued under subparagraph (i) shall expire 1 Expiration of year from the date of issuance and may be applied against duties on certificate. imports of watches and watch movements the entry of which were made within 2 years prior to the date of issuance of the certificate. "(viii) For purposes of determining the applicable amount of any producer's certificate to be issued during calendar year 1983, the greater of— "(I) the producer's creditable wages for calendar year 1982, or "(II) 60 percent of the producer s creditable wages for calendar year 1981, shall be considered the creditable wages for calendar year 1982. "(i) The Secretaries are authorized to issue such regulations, not Regulations. inconsistent with the provisions of this headnote, as they determine necessary to carry out their respective duties under this headnote. Such regulations shall include minimum assembly requirements. Any duty-free entry determined not to have been made in accordance with applicable regulations shall be subject to the applicable civil remedies and criminal sanctions, and, in addition, the Secretaries may cancel or restrict the license or certificate of any manufacturer found in willful violation of the regulations.". SEC. 111. PIPE ORGAN PARTS.

Items 726.60 and 726.62 are amended to read as follows: 726.60 726.62

Player actions and parts thereof Other

Free
 * Free

60% ad val. I 35% ad val.

19 USC 1202 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/972

 96 STAT. 2334

PUBLIC LAW 97-446—JAN. 12, 1983 SEC. 112. ELIMINATION OF DUTY ON TOY TEA SETS.

19 USC 1202 note.

Subpart E of part 5 of schedule 7 is amended by inserting immediately after item 737.70 the following new item: 737.73

Toy tea sets of ceramic ware made to the approximate scale of 1 to 10 or larger

70% ad val.

SEC. 113. CLASSIFICATION OF DOLLS AND TOY FIGURES.

(a) IN GENERAL.—Subpart E of part 5 of schedule 7 is amended— (1) by adding at the end of the headnotes thereto the following new headnotes: "3. For the purposes of the superior heading to items 737.47 and 737.49 and of item 737.51, 'toy figures of inanimate objects* are only imaginary creatures that either— "(i) do not possess features of human or other earthly creatures; "(ii) possess both earthly and non-earthly features but are predominantly non-earthly in nature; or "(iii) possess features which are a hybrid of features of more then one animate object. This definition does not cover toy figures of objects which are readily recognizable as vegetables, minerals, robots, or machines, whether or not such figures possess humanoid or earthly features. "4. Items 737.23, 737.28, 737.30, and 737.47 do not include any doll or toy that either— "(i) will maintain the three dimensional shape of its torso if the stuffing or filler is removed, or "(ii) is constructed such that the 'filler' material consists of one piece (such as one piece of foam rubber) or more than one piece that achieves the same effect as one piece. "5. For the purposes of items 737.26 and 737.51, 'skins' are the outer coverings or shells of those dolls or toy figures which, if imported stuffed or filled, would be classified in items 737.23, 737.28, 737.30, and 737.47, but do not contain stuffing or filling in the torso when imported. "6. For the purposes of item 737.47, the term 'filled* includes toy figures which are not completely filled or are filled with materials such as plastic beads or crushed nutshells but which otherwise possess the characteristics of toy figures classifiable as 'stuffed'."; (2) by redesignating items 737.45 and 737.50 as 737.42 and 737.43, respectively; and (3) by adding in numerical sequence the following new items: 737.47 731.49 737.51

Toy figures of inanimate objects, not having a spring mechEmism: Stuffed or filled Other Skins for toy figures of animate or inanimate objects

13.6% ad val. 13.6% ad val.

7% ad val. 7% ad val.

70% ad val. 70% ad val.

13.6% ad val.

7% ad val.

70% ad val.

(b) APPLICATION WITH OTHER PROVISIONS.—

(1) The rates of duty in column numbered 1 for items 737.47, 737.49, and 737.51 (as added by subsection (a)(3)) shall be subject to any staged rate reductions for item 737.95 which are proclaimed by the President before the 15th day after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/973

 PUBLIC LAW 97-446—JAN. 12, 1983

96 STAT. 2335

(2) Whenever the rate of duty specified in column numbered 1 for each of such items 737.47, 737.49, and 737.51 is reduced to the same level as the corresponding rate of duty specified in the column entitled "LDDC" for such item, or to a lower rate, the rate of duty in such "LDDC" column shall be deleted. SEC. 114. ELIMINATION OF DUTY ON CASEIN BLANKS.

(a) IN GENERAL.—Subpart A of part 7 of schedule 7 is amended— (1) by striking out "(item 745.40)" in headnote 2(b) of such subpart and inserting in lieu thereof "in the superior heading to items 745.41 and 745.42"; and (2) by striking out item 745.40 and inserting in lieu thereof the following: 745.41 745.42

Button blanks and molds, parts of buttons: Button blanks of casein Other

Free 22.1% ad val.

19 USC 1202 note.

45% ad val. 45% ad val.

(b) APPLICATION WITH OTHER PROVISIONS.—

(1) The rate of duty in column numbered 1 for item 745.42 of the Tariff Schedules of the United States (19 U.S.C. 1202) (as added by subsection (a)(2)) shall be subject to any staged rate reductions for item 745.40 which were proclaimed by the President before the 15th day after the date of the enactment of this Act. (2) Whenever the rate of duty specified in the column numbered 1 for such item 745.42 is reduced to the same level as the corresponding rate of duty specified in the column entitled "LDDC" for such item, or to a lower level, the rate of duty in the column entitled "LDDC" shall be deleted from such Schedules. (3) For purposes of the Trade Act of 1974, the amendments made by this section (not including the rates of duty in column numbered 2 of such Schedules) shall be considered to be trade agreement obligations entered into and proclaimed under the Trade Act of 1974 of benefit to foreign countries or instrumentalities.

19 USC 2101.

SEC. 115. INCREASE IN VALUE LIMITATIONS FOR DUTY-FREE IMPORTATIONS OF PERSONAL ARTICLES BY RETURNING UNITED STATES RESIDENTS.

(a) IN GENERAL.—Subpart A of part 2 of schedule 8 is amended— (1) by striking out "$300" in item 813.30 and inserting in lieu thereof "$400"; and (2) by striking out "$600" and "$300" in item 813.31 and inserting in lieu thereof "$800" and "$400", respectively. (b) AMENDMENTS TO TARIFF ACT OF 1930.—Section 321(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1321 (a)(2)(A)) is amended by striking out "$25" and "$40" and inserting in lieu thereof "$50" and "$100'\ respectively. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to returning residents of the United States who arrive in the United States on or after the 15th day after the date of the enactment of this Act. SEC. 116. MATERIALS CERTIFIED BY NASA.

(a) IN GENERAL.—Subpart A of part 3 of schedule 8 is amended—

19 USC 1321 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/974

 96 STAT. 2336

PUBLIC LAW 97-446—JAN. 12, 1983

(1) by inserting immediately after "Subpart A—United States Government" the following headnote: "Subpart A headnote: "1. With respect to item 837.00, the return of materials from space by the National Aeronautics and Space Administration shall not be considered an importation, and an entry of such materials shall not be required."; and (2) by adding immediately after item 836.00 the following new item:

837.00

Articles for the National Aeronautics and Space Administration and articles imported to be launched into space under launch services agreements with the National Aeronautics and Space Administration: Materials certified by it to the Commissioner of Customs to be imported to be launched into space, spare parts, or necessary and unicjuely associated support equipment for use in connection with a launch into space Free

Free

(b) TERMINATION.—Item 837.00 (as added by subsection (a)) shall not apply to articles entered, or withdrawn from warehouse for consumption, after December 31, 1994. SEC. 117. PRAYER SHAWLS.

19 USC 1202 note.

Part 4 schedule 8 is amended— (1) by striking out "and 854.20," in headnote 1 to such part and inserting in lieu thereof "854,20, and 854.30,"; and (2) by inserting after item, 854.20 the following new item: Prayer shawls, bags for the keeping of prayer shawls, and headwear of a kind used for public or private religious observances, whether or not any of the foregoing is imported for the use of a religious institution Free

Free

SEC. 118. INCREASE IN VALUE LIMITATIONS APPLICABLE TO INFORMAL ENTRIES OF IMPORTED MERCHANDISE.

The article description immediately preceding item 869.00 is amended by striking out "$600" and inserting in lieu thereof "$1,000". SEC. 119. CERTAIN METAL WASTE AND SCRAP.

(a) IN GENERAL.—Part 7 of schedule 8 is amended— (1) by inserting the following new headnote immediately after headnote 2 to such part: "3. (a) Items 870.50 and 870.55 shall not apply when the market price of copper is under 51 cents per pound. "(b) For purposes of subparagraph (a), the market price of copper has the meaning assigned to it by headnote 5(b) of the headnotes to schedule 6, part 2, subpart C. "(c) For purposes of subparagraph (a), the market price of copper shall be considered to be under 51 cents per pound only on and after the twentieth day after the date of a report by the United States International Trade Commission to the Secretary of the Treasury that it has determined that the market price has been under 51 cents per pound for one calendar month. After any such report, the market price shall be considered as not being under 51 cents per

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Page:United States Statutes at Large Volume 96 Part 2.djvu/975

 96 STAT. 2337

PUBLIC LAW 97-446—JAN. 12, 1983 pound only on and after the twentieth day after the date of a report by the Commission to the Secretary that it has determined that the market price has been 51 cents or more per pound for one calendar month. "(d) Determinations by the Commission under this headnote shall be made in the manner prescribed by headnote 5(c) to schedule 6, part 2, subpart C"; and (2) by inserting immediately after item 870.45 the following: Rates of Duty 1-b

2

The column 1-b rate applicable in the absence of this item The column 1-b rate applicable in the absence of this item

1-a

The column 2 rate applicable in the absence of this item The column 2 rate applicable in the absence of this item

Metal waste and scrap (provided for in part 2, schedule 6), except lead, zinc, and tungsten waste and scrap; unwrought metal including remelt scrap ingot (except copper, lead, zinc, and tungsten) in the form of pigs, ingots, or billets (a) which are defective or damaged, or have been produced from melted down metal waste and scrap for convenience in handling and transportation without sweetening, ailo^ng, fluxing, or deliberate purifying, and (o) which cannot be commercially used without remanufacture; relaying or rerolling rails; and articles of metal (except articles of lead, of zinc, or of tungsten, and not including metal-bearing materials provided for in schedule 4 or in part 1 of schedule 6 and not including unwrought metal provided for in part 2 of schedule 6) to be used m remanufacture by melting or to be processed by shreddting, shearing, compacting, or similar processing which renders them fit only for the recovery of the metal content:. 870.50

Free

Free

Rates of Duty 1 870.60

Other

Free

2 Free

(b) CONFORMING AMENDMENT.—Headnote 5(a) to subpart C of part 2 of schedule 6 is amended by inserting "and for items 870.50 and 870.55," immediately after "In this subpart,". (c) REPEALS.—Subpart B of part 1 of the Appendix is amended— (1) by striking out "911.10, 911.11," in headnote 3(a) to such subpart; and (2) by striking items 911.10, 911.11, and 911.12 and the superior heading to such items. SEC. 120. TEMPORARY SUSPENSION OF DUTY ON CERTAIN BULK FRESH CARROTS.

Subpart B of part 1 of the Appendix is amended—

19 USC 1202 note.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/976

 96 STAT. 2338

PUBLIC LAW 97-446—JAN. 12, 1983 (1) by striking out headnote 2 and inserting in lieu thereof the following: "2. For purposes of item 903.25— "(a) the term 'culled carrots' refers to those carrots which fail to meet the requirements of the United States Department of Agriculture for carrots of grades 'U.S. No. 1' or 'U.S. No. 2' (See 7 CFR sections 2851.4141 and 2851.4142); and "(b) the total quantity of carrots which may be entered under item 903.25 during the period specified in that item shall not exceed 20,000 tons."; and (2) by inserting in numerical sequence the following new item: 903.25

Culled carrots, fresh or chilled in immediate containers each holding more than 100 pounds (provided for in item 135.42, part 8d, schedule 1) if entered for consumption during the period from August 15 in any year, to the 15tn day of the following February inclusive Free

No change

On or before 12/31/84

SEC. 121. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN RED PEPPERS.

19 USC 1202 note.

Item 903.60 of subpart B of part 1 of the Appendix is amended by striking out "6/30/81" and inserting in lieu thereof "6/30/85". SEC. 122. TEMPORARY SUSPENSION OF DUTY ON CANTALOUPES.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 903.65

Cantaloupes, fresh, if entered during the period from January 1 to May 15, inclusive of any year (provided for in items 148.12 and 148.17 part 9B, schedule 1) Free

No change

On or before 5/15/85

SEC. 123. TEMPORARY SUSPENSION OF DUTY ON CAROB FLOUR.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: Carob flour (provided for in item 152.05, part 90, schedule 1) Free

No change

On or before 12/31/84

SEC. 124. TEMPORARY SUSPENSION OF DUTY ON HATTERS* FUR.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 903.85

Fur, not on the skin, prepared for hatters' use (provided for in item 186.20) Free

No change

On or before 12/31/85

SEC. 125. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON WOOD EXCELSIOR.

Item 904.00 of the Appendix is amended by striking out "6/30/81" and inserting in lieu thereof "6/30/83".

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Page:United States Statutes at Large Volume 96 Part 2.djvu/977

 PUBLIC LAW 97-446—JAN. 12, 1983

96 STAT. 2339

SEC. 126. TEMPORARY SUSPENSION OF DUTY ON NEEDLECRAFT DISPLAY MODELS.

Subpart B of part 1 of the Appendix is amended as follows: 19 USC 1202 (1) The headnotes to such subpart are amended by adding at note. the end thereof the following new headnote: "5. For the purposes of the superior heading to items 906.10 and 906.12, the term 'mass-produced kits' includes only those which are designed to be sold in the customs territory of the United States exclusively in kit form.". (2) The following new superior heading and new items are inserted in numerical sequence: 906.10

906.12

Needl»«raft displav models, primarily hand stitcned, of completp ed maas-produoed kita: Articles provided for in items 855.16, 860.70, 860.78, 864.18, 364.23, 364.30, 365.78, 865.84 365.86, 366.79, 367.84, 367.55, 367.60, 386.04, 386.06, 386.09, 386.50, 388.40, and 889.62 of achedule 3 (eicept shoe uppers and tents) Free

No change

On or before 6/30/85

Aprons and baby bibs (provided for in items 383.03, 383.08, 383.20, and 388.50 of schedule 3) Free

No change

On or before 6/30/85

SEC. 127. TEMPORARY SUSPENSION OF DUTY ON Phoephate (provided for in item ' 04.48, part IB, schedule 4) Free

No change

On or before 9/30/85

SEC. 129. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON BIS (4AMINOBENZOATE)-!^ PROPANEDIOL (TRIMETHYLENE GLYCOL DI-P-AMINOBENZOATE).

Item 907.05 of the Appendix is amended— (1) by striking out "however provided for in items 402.36 through 406.63" and inserting in lieu thereof "provided for in item 405.07"; and (2) by striking out "6/30/83" and inserting in lieu thereof "6/30/84". SEC. 130. TEMPORARY SUSPENSION OF DUTY ON 4-CHLORO-3-METHYLPHENOL.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/978

 96 STAT. 2340

PUBLIC LAW 97-446—JAN. 12, 1983 907.08

4-chIoro^methylphenol (CAS No. 59-50-7) (provided for in item 403.56, part IB, schedule 4) Free

No change

On or before 6/30/84

SEC. 131. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON CERTAIN PHOTOGRAPHIC COUPLERS.

19 USC 1202 note.

Items 907.10 and 907.12 of the Appendix are amended by striking out "6/30/82" and inserting in lieu thereof "9/30/85". SEC. 132. TEMPORARY SUSPENSION OF DUTY ON ETHYLBIPHENYL.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.14

Mixtures of 3-ethylbiphenyl (methylbiphenyl) and 4-ethylbiphenyl (P-ethylbiphenyl) (provided for in item 407.16, part IB, schedule 4)... Free

No change

On or before 6/30/85

SEC. 133. TEMPORARY REDUCTION OF DUTY ON DICOFOL.

(a) IN GENERAL.—Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.15

1,1-Bis (4-Chlorophenyl)-2,2,2,-trichloroethanol (Dicofol) (provided for in item 408.28, part 10, schedule 4)

10.3% ad val.

7«per lb.+41% ad val.

On or before 9/30/85

(b) PHASE-DOWN OF TEMPORARY RATE.—Effective with respect to articles provided for in item 907.15 (as added by subsection (a)) that are entered, or withdrawn from warehouse for consumption, on and after each of the dates set forth below, column 1 for such item is amended by striking out the rate of duty in effect on the day before such date and inserting in lieu thereof the rate of duty appearing below next to each such date: Date:

January 1, 1984. January 1, 1985.

Rate of duty:

9.5% ad val. 8.6% ad val.

(c) SPECIAL RATE FOR LEAST DEVELOPED DEVELOPING COUNTRIES.—

The rate of duty on an article provided for in such item 907.15 that is— (1) entered, or withdrawn from warehouse for consumption on or after the effective date of the amendment made by subsection (a) and before October 1, 1985; and (2) a product of a least developed developing country; shall be 6.9 percent ad valorem. (d) RETROACTIVE PROVISION.—In the case of the application of the amendments made by this section to any entry— (1) which was made before the 15th day after the date of the enactment of this Act; (2) which was unliquidated, or the liquidation of which was not final, on such day; and (3) with respect to which there would have been less duty if the amendments made by this section applied to such entry; such entry shall be liquidated as though such entry had been made on such 15th day.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/979

 96 STAT. 2341

PUBLIC LAW 97-446—JAN. 12, 1983

SEC. 134. TEMPORARY SUSPENSION OF DUTY ON UNCOMPOUNDED ALLYL RESINS. Subpart B of part 1 of the Appendix is amended by inserting in id use 1202 numerical sequence the following new item: °°*® 907.16

Allyl reems, uncompounded (prod d e d for in item 408.96, part IC, schedule 4) ~ » — FVee

No change

On or before 9/30/84

SEC. 135. TEMPORARY SUSPENSION OF DUTY ON SULFAPYRIDINE.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.17

Sulfawridine (provided for in item 4 U. % part IC, schedule 4) Free

Free

On or before 12/31/85

SEC. 136. TEMPORARY REDUCTION OF DUTY ON SULFATHIAZOLE.

(a) Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.19

Sulfathiazole (provided for in item 411.80)

13.3% ad val.

li per lb. + 80% ad val.

12/31/83

(b) During such time as item 907.22 (as added by subsection (a)) is in effect, the rate of duty on sulfathiazole that is a product of a least developed developing country shall be 8 percent ad valorem. (c)(1) With respect to articles entered after December 31, 1983, and before January 1, 1985, item 907.22 is amended by striking out "13.3% ad val." and inserting in lieu thereof "11.9% ad val.", and by striking out "12/31/83" and inserting in lieu thereof "12/31/84". (2) With respect to articles entered after December 31, 1984, and before January 1, 1986, item 907.22 is amended by striking out "11.9% ad val. and inserting in lieu thereof "10.6% ad val.", and by striking out "12/31/84" and inserting in lieu thereof "12/31/85". SEC. 137. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON DOXORUBICIN HYDROCHLORIDE.

Item 907.20 of the Appendix is amended by striking out "6/30/82" and inserting in lieu thereof "6/30/88". SEC. 138. TEMPORARY REDUCTION OF DUTY ON CAFFEINE. Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 907.22

Caffeine (provided for in item 437.02, part 3B. schedule 4). 6% ad val.

No change

On or before 12/31/83

SEC. 139. TEMPORARY SUSPENSION OF DUTY ON TARTARIC ACID AND CERTAIN TARTARIC CHEMICALS.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following items:

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Page:United States Statutes at Large Volume 96 Part 2.djvu/980

 96 STAT. 2342

PUBLIC LAW 97-446—JAN. 12, 1983 907.65 907.66

907.68 907.69

Tartaric acid (provided for in item 425.94, part 2D, schedule 4) Free

No change

O n or before 6/30/84

Potassium salts: Antimony tartrate (tartar emetic) (provided for in item 426.72, part 2D, schedule 4)... Free

No change

O n or before 6/30/84

Cream of tartar (provided for in item 426.76, part 2D, schedule 4).. Free

No change

O n or before 6/30/84

Sodium tartrate (Rochelle salts) (provided for in item 426.82, part 2D, schedule 4) Free

N o change

O n or before 6/30/84

SEC. 140. EXTENSION OF TEMPORARY SUSPENSION OF DUTY ON NATURAL GRAPHITE. 19 USC 1202 note.

Item 909.01 of the Appendix is amended by striking out "6/30/81" and inserting in lieu thereof "12/31/84". SEC. 141. TEMPORARY SUSPENSION OF DUTY ON COPPER SCALE.

Subpart B of part 1 of the Appendix is amended by inserting in numerical sequence the following new item: 911.05

0>pper scale (provided for in item 63.70, part 1, schedule 6) Free

No change

On or before 12/31/85

SEC. 142. CHIPPER KNIFE STEEL.

Item 911.29 is amended— (1) effective with respect to articles entered on or after October 1, 1982, and before January 1, 1983, by striking out "4.6% ad val." and inserting in lieu thereof "4.4% ad val.", and by striking out "9/30/82" and inserting in lieu thereof "12/31/82"; (2) effective with respect to articles entered after December 31, 1982, and before January 1, 1984, by striking out "4.4% ad val." and inserting in lieu thereof "4.2% ad val.", and by striking out "12/31/82" and inserting in lieu thereof "12/31/ 83"; (3) effective with respect to articles entered after December 31, 1983, and before January 1, 1985, by striking out "4.2% ad val." and inserting in lieu thereof "4.0% ad val.", and by striking out "12/31/83" and inserting in lieu thereof "12/31/ 84"; and (4) effective with respect to articles entered after December 31, 1984, and before April 1, 1985, by striking out "4.0% ad val." and inserting in lieu thereof "3.9% ad val.", and by striking out "12/31/84" and inserting in lieu thereof "3/31/85". SEC. 143. TEMPORARY SUSPENSION OF DUTY ON CERTAIN FREIGHT CONTAINERS.

Subpart B of part I of the Appendix is amended by inserting in numerical sequence the following new item: 911.80

Freight containers specially designed and equipped to facilitate the carriage of goods by one or more modes of transport without intermediate reloading, each having a gross mass rating of at least 40,000 pounds (provided for in item 640.30, part 3A, schedule 6)

No change

On or before 12/31/86

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