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Page:United States Statutes at Large Volume 79.djvu/963

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PUBLIC LAW 89-237-OCT. 4, 1965

additional class B stock in the bank to be subscribed for by the production credit associations in the farm credit district served by the bank in order to provide capital to meet the credit needs of the bank. The amount so determined shall be allotted among the production credit associations in the district upon such basis that, as nearly as may be practicable, the sum or the class B stock already owned and the additional amount to be subscribed for by each association will be in the same proportion to the total amount of class B stock already owned and to be subscribed for by all of the associations in the district that the average indebtedness (loans and discounts) of each association to the bank during the immediately preceding three fiscal years is of the average of such indebtedness of all production credit associations to the bank during such three-year period. Each production credit association shall subscribe for class B stock in the bank in the amount so allotted to it. Such subscriptions shall be subject to call and payment therefor shall be made at such times and in such amounts as may be determined by the bank. "Whenever the relative amounts of class B stock in a Federal intermediate credit bank owned by the production credit associations differ substantially from the proportion indicated in the preceding paragraph, and additional subscriptions to class B stock through which such proportion could be reestablished are not contemplated, the Federal intermediate credit bank, with the approval of the F a r m Credit Administration, may direct either separately or in combination such transfers, retirements, and reissuance of outstanding class B stock among the associations as will reestablish the aforesaid proportion as nearly as may be practicable. Outstanding class B stock which is transferred or retired for this purpose shall be the oldest stock held by the association and the bank shall pay the association therefor at the fair book value thereof not exceeding par and collect therefor from any production credit association to which such stock is transferred or reissued."; and (d) in section 206 thereof (12 U.S.C. 1072) — (i) by striking out "equal to 25 per centum of the outstanding capital stock and participation certificates of the bank" from clause (3) of the first sentence of subsection (a); (ii) by striking out the second sentence of subsection (a) and inserting in lieu thereof as a separate paragraph the following: "Amounts applied to reserve account as p r o v i d ^ in (3) above, either heretofore or hereafter, shall be allocated on the same patronage basis and have the same tax treatment as is provided in subsection (b) of this section for patronage refunds. Such allocations of reserve account shall be subject to a first lien as additional collateral for any indebtedness of the holders thereof to the bank and in any case where such indebtedness is in default may be retired and canceled for application on such indebtedness, and, in case of liquidation or dissolution of a holder thereof, such reserve account allocations may be retired, all as is provided for capital stock and participation certificates in section 205 of this Act. At the end of any fiscal year that the reserve account of any bank exceeds 25 per centum of its oultstanding capital stock and participation certificates, such excess may be distributed, oldest allocations first, in class B stock and participation certificates issued as of the date of the allocations and, whenever the bank has no class A stock outstanding, also in money."; and (iii) by inserting immediately before the last sentence of subsection (c) the following new sentence: "Any of the reserve estab-

923

7o Stat. 662.

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69 Stat. 663.

PU BLIC LAW 89-237-OCT. 4, 1965

[79

STAT.

lished pursuant to subsedtion (a) of this section shall be paid to the production credit associations and other financing institutions to which such reserve is allocated on the books of the bank.". SEC. 2. The F a r m Credit Act of 1933, as amended, is amended— (a) by adding the following at the end of subsection (b) of section 22 thereof (12 U.S.C. 1131f (b)): "When so specified in the approval by the Federal intermediate credit bank, such dividends may be paid even though the amount in the surplus account provided for in subsection (a) is less than the minimum prescribed by the bank. If the bylaws of a production credit association so provide, (1) any remaining net earnings at the end of a fiscal year may be distributed on a patronage basis in class A stock of the association and, when the United States does not hold class A stock in the association, also in money, and (2) any part of the earnings for the fiscal j'^ear in excess of operating expenses held in the surplus account may be allocated to borrowers on a patronage basis. With the approval of the Federal intermediate credit bank, amounts so allocated may be distributed, oldest allocations first, in class A stock of the association issued as of the date of the allocation and, when the United States does not hold class A stock in the association, also in money. As used in the second preceding sentence 'on a patronage basis' means in the proportion that the amount of interest earned on the loans of each borrower bears to the total interest earned on the loans of all borrowers during the the fiscal year."; and (b) by adding the following as a separate paragraph at the end of section 23 thereof (12 U.S.C. 1131g): "As a further means of providing capital, a production credit association may, upon such terms and conditions as may be provided in its bylaws, require borrowers to invest in an equity reserve in the association. Amounts so invested by each borrower shall be subject to a lien for the indebtedness of the borrower to the association, application on such indebtedness in event of default by the borrower, charges for losses of the association which are in excess of other loss reserves and surplus, and any portion of the amounts so invested which have not been so used and no longer are required for the purposes of the association may be returned to the borrower by revolving or retirement, all as may be provided in said bylaws." Approved October 4, 1965.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 79.djvu/965

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PUBLIC LAW 89-238-OCT. 5, 1965

925

Public Law 89-238 AN ACT

October 5, 1965

To amend the Lead-Zinc Small I'roducers Stabilization Act of October 3, 1961.

[H. R. 5842]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.^ That the Lead-Zinc Lead and zinc stabilization Smajl Producers Stabilization Act of October 3, 1961 (75 Stat. 766; program. 30 U.S.C. 681 et seq.), as amended, is further amended— (1) by substituting for the present text of section 2(d) the following: "The maximum amount of payments which may be made pursuant to this Act on account of sales of newly mined ores or concentrates produced therefrom made during any calendar year shall not exceed $2,500,000"; (2) by substituting for the present text of section 3(a) the following: "Subject to the provisions of subsections (b) and (c) of this section, no stabilization payments under this Act shall be made to any small domestic producer on sales, or further processing in lieu of sales, in any calendar year in excess of one thousand two hundred tons of zinc and one thousand two hundred tons of lead"; (3) by substituting for the present text of section 6(a)(2) the ^^'^^f^^ domestic following: "The term 'small domestic producer' means any person or firm who, during a period of not less than twelve months, has engaged in producing ores or concentrates from mines located within the United States or its possessions and in selling the material so produced in normal commercial channels and who, during any twelve-month period between January 1, 1960, and the first day of the period for which he seeks payments under this Act, has not produced or sold ores or concentrates the recoverable content of which is more than three thousand tons of lead and zinc combined, recoverable content being computed as 95 per centum of the lead content of the ores or concentrates and 85 per centum of the zinc content of the ores or concentrates: Provided, That the principal product or products of such producer is either lead or zinc or a combination of lead and zinc. The term 'small domestic producer' does not include any firm which is a subsidiary of, or controlled by, a l a r ^ producer."; (4) by substituting in section 7 the dates December 31, 1969. Termination and March 31, 1970 for the dates December 31, 1965 and March 31, ' "''*""^'°"1966, respectively, which appear therein; and (5) by deletion of section 9(c). SEC. 2. The amendments to the Act of October 3, 1961, as amended. Effective date. which are contained in section 1 of this Act shall be effective on January 1, 1966. Approved October 5, 1965.

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PU BLIC LAW 89-239-OCT. 6, 1965

[79

STAT.

Public Law 89-239 October 6, 1965

C^' ^^^]

AN

ACT

To amend the Public Health Service Act to assist in combating heart disease, cancer, stroke, and related diseases.

Be it enacted by the Senate and House of Representatives of the c^jce'r Td*s r^ke ^^'^^^^^ States of Amevica in Congress assembled, That this Act may Amendments of° " be cited as the "Heart Disease, Cancer, and Stroke Amendments of 1965.

^2 USC 2ofriote

1965".

^^^' ^' ^^^ Public Health Service Act (42 U.S.C., ch. 6A) is amended by adding at the end thereof the following new title: " TITLE IX — E D U C A T I O N, R E S E A R C H, T R A I N I N G, AND DEMONSTRATIONS IN THE F I E L D S OF H E A R T DISE A S E, CANCER, S T R O K E, A N D R E L A T E D D I S E A S E S PURPOSES ((.

"SEC. 900. The purposes of this title are— " (a) Through grants, to encourage and assist in the establishment of regional cooperative arrangements among medical schools, research institutions, and hospitals for research and training (including continuing education) and for related demonstrations of patient care in the fields of heart disease, cancer, stroke, and related diseases; "(b) To afford to the medical profession and the medical institutions of the Nation, through such cooperative arrangements, the opportunity of making available to their patients the latest advances in the diagnosis and treatment of these diseases; and "(c) By these means, to improve generally the health manpower and facilities available to the Nation, and to accomplish these ends without interfering with the patterns, or the methods of financing, of patient care or professional practice, or with the administration of hospitals, and in cooperation with practicing physicians, medical center officials, hospital administrators, and representatives from appropriate voluntary health agencies. ((AUTHORIZATION

OF APPROPRIATIONS

"SEC. 901. (a) There are authorized to be appropriated $50,000,000 for the fiscal year ending June 30, 1966, $90,000,000 for the fiscal year ending June 30, 1967, and $200,000,000 for the fiscal year ending June 30, 1968, for grants to assist public or nonprofit private universities, medical schools, research institutions, and other public or nonprofit private institutions and agencies in planning, in conducting feasibility studies, and in operating pilot projects for the establishment, of regional medical programs of research, training, and demonstration activities for carrying out the purposes of this title. Sums appropriated under this section for any fiscal year shall remain available for making such grants until the end of the fiscal year following the fiscal year for which the appropriation is made. "(b) A grant under this title shall be for part or all of the cost of the planning or other activities with respect to which the application is made, except that any such grant with respect to construction of, or provision of built-in (as determined in accordance with regulations) equipment for, any facility may not exceed 90 per centum of the cost of such construction or equipment. "(c) Funds appropriated pursuant to this title shall not be available to pay the cost of hospital, medical, or other care of patients

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 79 STAT. ]

PUBLIC LAW 89-239-OCT. 6, 1965

except to the extent it is, as determined in accordance with regulations, incident to those research, training, or demonstration activities which are encompassed by the purposes of this title. No patient shall be furnished hospital, medical, or other care at any facility incident to research, training, or demonstration activities carried out with funds appropriated pursuant to this title, unless he has been referred to such facility by a practicing physician. "DEFINITIONS

"SEC. 902. For the purposes of this title— " (a) The term 'regional medical program' means a cooperative arrangement among a group of public or nonprofit private institutions or agencies engaged in research, training, diagnosis, and treatment relating to heart disease, cancer, or stroke, and, at the option of the applicant, related disease or diseases; but only if such group— "(1) is situated within a geographic area, composed of any part or parts of any one or more States, which the Surgeon General determines, in accordance with regulations, to be appropriate for carrying out the purposes of this title; "(2) consists of one or more medical centers, one or more clinical research centers, and one or more hospitals; and "(3) has in effect cooperative arrangements among its component units which the Surgeon General finds will be adequate for effectively carrying out the purposes of this title. "(b) The term 'medical center' means a medical school or other medical institution involved in postgraduate medical training and one or more hospitals affiliated therewith for teaching, research, and demonstration purposes. "(c) The term 'clinical research center' means an institution (or part of an institution) the primary function of which is research, training of specialists, and demonstrations and which, in connection therewith, provides specialized, high-quality diagnostic and treatment services for inpatients and outpatients. " (d) The term 'hospital' means a hospital as defined in section 625(c) or other health facility in which local capability for diagnosis and treatment is supported and augmented by the program established under this title. "(e) The term 'nonprofit' as applied to any institution or agency means an institution or agency which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. " (f) The term 'construction' includes alteration, major repair (to the extent permitted by regulations), remodeling and renovation of existing buildings (including initial equipment thereof), and replacement of obsolete, built-in (as determined in accordance with regulations) equipment of existing buildings. "GRANTS FOR PLANNING

"SEC. 903. (a) The Surgeon General, upon the recommendation of the National Advisory Council on Regional Medical Programs estalDlished by section 905 (hereafter in this title referred to as the 'Council'), is authorized to make grants to public or nonprofit private universities, medical schools, research institutions, and other public or nonprofit private agencies and institutions to assist them in planning the development of regional medical programs.

927

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PUBLIC LAW 89-239-OCT. 6, 1965

[79 STAT.

"(b) Grants under this section may be made only upon application therefor approved by the Surgeon General. Any such application may be approved only if it contains or is supported by— "(1) reasonable assurances that Federal funds paid pursuant to any such grant will be used only for the purposes for which paid and in accordance with the applicable provisions of this title and the regulations thereunder; "(2) reasonable assurances that the applicant will provide for such fiscal control and fund accounting procedures as are required by the Surgeon General to assure proper disbursement of and accounting for such Federal funds; "(3) reasonable assurances that the applicant wnll make such reports, in such form and containing such information as the Surgeon General may from time to time reasonably require, and will keep such records and afford such access thereto as the Surgeon General may find necessary to assure the correctness and verification of such reports; and "(4) a satisfactory showing that the applicant has designated an advisory group, to advise the applicant (and the institutions and agencies participating in the resulting regional medical program) in formulating and carrying out the plan for the establishment and operation of such regional medical program, which advisory group includes practicing physicians, medical center officials, hospital administrators, representatives from appropriate medical societies, voluntary health agencies, and representatives of other organizations, institutions, and agencies concerned with activities of the kind to be carried on under the program and members of the public familiar with the need for the services provided under the program. "GRANTS FOR ESTABLISHMENT AND OPERATION OF REGIONAL MEDICAL PROGRAMS

'^^°'^^-

"SEC. 904. (a) The Surgeon General, upon the recommendation of the Council, is authorized to make grants to public or nonprofit private universities, medical schools, research institutions, and other public or nonprofit private agencies and institutions to assist in establishment and operation of regional medical programs, including construction and equipment of facilities in connection therewith. " (b) Grants under this section may be made only upon application therefor approved by the Surgeon General. Any such application may be approved only if it is recommended by the advisory group described in section 903(b)(4) and contains or is supported by reasonable assurances that— "(1) Federal funds paid pursuant to any such grant (A) will be used only for the purposes for which paid and in accordance with the applicable provisions of this title and the regulations thereunder, and (B) will not supplant funds that are otherwise available for establishment or operation of the regional medical program with respect to which the grant is made; "(2) the applicant will provide for such fiscal control and fund accounting procedures as are required by the Surgeon General to assure proper disbursement of and accounting for such Federal funds; "(3) the applicant will make such reports, in such form and containing such information as the Surgeon General may from time to time reasonably require, and will keep such records and

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929

afford such access thereto as the Surgeon General may find necessary to assure the correctness and verification of such reports; and "(4) any laborer or meclianic employed by any contractor or subcontractor in the performance of work on any construction aided by payments pursuant to any grant under this section will be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the I)avis-]-5acon Act, as amended (40 U.S.C. 27a—2T6a-5); and the Secretary of Labor shall have, 78'*sta!^*23ir^' with respect to the labor standards sj^ecified in this paragraph, the authority and functions set forth in Keorganization Plan Numbered 14 of 1950 (15 F.R. 817(5; 5 U.S.C. 18nz-15) and sec- ^^ Stat. i267. tion 2 of the Act of June V% 1934, as amended (40 U.S.C. 27r)c). " Stat. los. "NATIONAL

ADVISORY C O U N C I L

ON

REOIONAL

MKDICAL

l'I?fM}RAMS

"SEC. 905. (a) The Surgeon General, with the approval of the ^f'Pg°Jf ""'"* °^ Secretary, may appoint, without regard to the civil service laws, a National Advisory Council on Regional Medical Programs. The Council shall consist of the Surgeon General, who shall be the chairman, and twelve members, not otherwise in the regular full-time emjiloy of the United States, who are leaders in the fields of the fundamental sciences, the medical sciences, or public affairs. At least two of the appointed members shall be practicing physicians, one shall be outstanding in the study, diagnosis, or treatment of heart disease, one shall be outstanding in the study, diagnosis, or treatment of cancer, and one shall be oustanding in the study, diagnosis, or treatment of stroke. "(b) Each appointed member of the Council shall hold office for Term of oifice, a term of four years, except that any member appointed to fill a vacancy prior to the expiration of the term for which his predecessor was api^ointed shall be appointed for the remainder of such term, and except that the terms of office of the members first takhig office shall expire, as designated by the Surgeon General at the time of appointment, four at the end of the first year, four at the end of the second year, and four at the end of the third year after the date of appointment. An appointed member shall not be eligible to serve contijiuously for more than two terms, "(c) Appointed memhers of the Council, while attending meet- compensation. ings or conferences thereof or otherwise serving on business of the Council, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including traveltime, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5 of the Administrative Expenses Act of 1946 / 5 U.S.C. 73b-2) for persons in the Governys%^'%fXo inent service employed intermittently. " (d) The Council shall advise and assist the Surgeon General in the Applications for jn-eparation of regulations for, and as to policy matters arising with mTndations!'"' respect to, the administration of this title. The Council shall consider all applications for grants under this title and shall make recommendations to the Surgeon General with respect to approval of applications for and the amounts of orants under this title.

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PUBLIC LAW 89-239-OCT. 6, 1965

[79 STAT.

''REGULATIONS

"SEC. 906. The Surgeon General, after consultation with the Council, shall prescribe general regulations covering the terms and conditions for approving applications for grants under this title and the coordination of programs assisted under this title with programs for training, research, and demonstrations relating to the same diseases assisted or authorized under other titles of this Act or other Acts of Congress. " INFORMATION ON SPECIAL TREATMENT AND niAlNlNG CENTERS

"SEC. 907. The Surgeon General shall establish, and maintain on a current basis, a list or lists of facilities in the United States equipped and staffed to provide the most advanced methods and techniques in the diagnosis and treatment of heart disease, cancer, or stroke, together with such related information, including the availability of advanced specialty training in such facilities, as he deems useful, and shall make such list or lists and related information readily available to licensed practitioners and other persons requiring such information. To the end of making such list or lists and other information most useful, the Surgeon General shall from time to time consult with interested national professional organizations. "REPORT Report to President and Con-

"SEC. 908. On or before June 30, 1967, the Surgeon General, after consultation with the Council, shall submit to the Secretary for transmission to the President and then to the Congress, a report of the activities under this title together with (1) a statement of the relationship between Federal financing and financing from other sources of the activities undertaken pursuant to this title, (2) an appraisal of the activities assisted under this title in the light of their effectiveness in carrying out the purposes of this title, and (3) recommendations with respect to extension or modification of this title in the light thereof. a RECORDS AND AUDIT

58 Stat. 682. 42 USC 201298b.

"SEC. 909. (a) Each recipient of a grant under this title shall keep such records as the Surgeon General may prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grant, the total cost of the project or undertaking in connection with which such grant is made or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such records as will facilitate an effective audit. " (b) The Secretary of Health, Education, and Welfare and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient of any grant under this title which are pertinent to any such grant." SEC. 3. (a) Section 1 of the Public Health Service Act is amended to read as follows: "SECTION 1. Titles I to IX, inclusive, of this Act may be cited as the 'Public Health Service Act'."

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Page:United States Statutes at Large Volume 79.djvu/971

 79 STAT. ]

PUBLIC LAW 89-240-OCT. 7, 1965

(b) The Act of July 1, 1944 (58 Stat. 682), as amended, is further amended by renumbernig title IX (as in effect prior to the enactment of this Act) as title X, and by renumbering sections 901 through 914 (as in effect prior to the enactment of this Act), and references thereto, as sections 1001 through 1014, respectively. Approved October 6, 1965, 10:15 a.m.

931 42 USC:20lnote.

Public Law 89-240 AN ACT

October 7, 1965

To amend the Consolidated Farmers Home Administration Act of 1961 to authorize the Secretary of Agriculture to make or insure loans to public and quasi-public agencies and corporations not operated for profit with respect to water supply, water systems, and waste disposal systems serving rural areas and to make grants to aid in rural community development planning and in connection with the construction of such community facilities, to increase the annual aggregate of insured loans thereunder, and for other purposes.

^^- ^^'^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 306(a) p^mersHlTme'^ of the Consolidated Farmers Home Administration Act is amended to Administration read as follows:

amendments

"(1) The Secretary is also authorized to make or insure loans to ^'75"st'^r."3o'8. associations, including corporations not operated for profit, and public 7 USC 1926. and quasi-public agencies to provide for the application or establish- citt°ons *co«orL ment of soil conservation practices, shifts in land use, the conservation, tions, etc. development, use, and control of water, and the installation or improvement of drainage or waste disposal facilities, and recreational developments, all primarily serving farmers, ranchers, farm tenants, farm laborers, and other rural residents, and to furnish financial assistance or other aid in planning projects for such purposes. "(2) The Secretary is authorized to make grants aggregating not Limitation, to exceed $50,000,000 in any fiscal year to such associations to finance specific projects tor works for the development, storage, treatment, purification, or distribution of water or the collection, treatment, or disposal of waste in rural areas. The amount of any grant made under the authority of this paragraph shall not exceed 50 per centum of the development cost of the project to serve the area which the association determines can be feasibly served by the facility and to adequately serve the reasonably foreseeable growth needs of the area. "(3) No grant shall be made under paragraph 2 of this subsection conditions, in connection with any facility unless the Secretary determines that the project (i) will serve a rural area which is not likely to decline in population below that for which the facility was designed, (ii) is designed and constructed so that adequate capacity will be or can be made available to serve the present population of the area to the extent feasible and to serve the reasonably foreseeable growth needs of the area, or (iii) is necessary for orderly community development consistent with a comprehensive community water or sewer development plan of the rural area and not inconsistent with any planned development under State, countyj or municipal plans approved as official plans by competent authority for the area in which the rural community is located and the Secretary shall establish regulations requiring the submission of all applications for financial assistance under this Act to the county or municipal government in which the proposed project is to be located for review and comment by such agency within a designated period of time. Until October 1, 1968, the Secretary may make grants prior to the completion of the comprehensive plan, if the preparation of such plan has been undertaken for the area.

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PUBLIC LAW 89-240-OCT. 7, 1965

"Development

"Project."

75^stat!*3i^8!^' 16 USC 59or590X.4.

Water pollution r6 strict ions

l o Real ans.

estate 76 Stat. 908. 7 USC 19 28.

75 Stat. 309.

76 s e 632. 7 uStat. 1929. " ^

'° °

[79 STAT.

ii^^^ ^^^ rp^^ term 'development cost' means the cost of construction of a facility and the land, easements, and rights-of-way, and water rights necessary to the construction and operation of the facility. " (B) The term 'project' shall include facilities providing central service or facilities serving individual properties, or both. "(5) No loan or grant shall be made under this subsection which would cause the unpaid principal indebtedness of any association under this Act and under the Act of August 28, 1937, as amended, together with the amount of any assistance in the form of a grant to exceed $4,000,000 at any one time. "(6) The Secretary may make grants aggregating not to exceed $5,000,000 in any fiscal year to public bodies or such other agencies as the Secretary may determine having authority to prepare official comprehensive plans for the development of water or sewer systems in rural areas which do not have funds available for immediate undertaking of the preparation of such plan. "(7) Rural areas, for the purposes of water and waste disposal projects shall not include any area in any city or town which has a population in excess of 5,500 inhabitants. "(8) In each instance where the Secretary receives two or more applications for financial assistance for projects that would serve substantially the same group of residents within a single rural area, and one such application is submitted by a city, town, county or other unit of general local government, he shall, in the absence of substantial reasons to the contrary, provide such assistance to such city, town, county or other unit of general local government. u/gx ^^ Federal funds shall be authorized for use unless it be cer•

^

'

tified by the appropriate State water pollution control agency that the water supply system authorized will not result in pollution of waters of the State in excess of standards established by that agency. "(10) In the case of sewers and waste disposal systems, no Federal funds shall be advanced hereunder unless the appropriate State water pollution control agency shall certify that the effluent therefrom shall conform with appropriate State and Federal water pollution control standards when and where established." gj,^, £. (a) Section 308 of the Consolidated Farmers Home Administration Act of 1961 is amended by— (1) striking out "$200,000,000" and inserting in lieu thereof "$450,000,000"; (2) in clause (a) striking out "except that no agreement shall provide for purchase by the Secretary at a date sooner than three years from the date of the note"; and (3) striking out clause (b) and inserting in lieu thereof " (b) may retain out of payments by the borrower a charge at a rate specified in the insurance agreement applicable to the loan". (b) Section 309(e) of such Act is amended hj striking out "such portion of the charge collected in connection with the insurance of loans at least equal to a rate of one-half of 1 per centum per annum on the outstanding principal obligations and the remainder of such charge" and inserting in lieu thereof "all or a portion, not to exceed one-half of 1 per centum of the unpaid principal balance of the loan, of any charge collected in connection with the insurance of loans; and any remainder of any such charge", (g) Section 309(f)(1) of such Act is amended by striking out "$25,000,000" and inserting in lieu thereof "$50,000,000". Approved October 7, 1965, 10:15 a.m.

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PUBLIC LAW 89-241-OCT. 7, 1965

933

Public Law 89-241 AN ACT

October 7, 1965

To correct certain errors in the Tariff Schedules of the United States, and for other purposes.

[H. R. 7969]

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled, SECTION 1. SHORT TITLE, ETC.

of the

Tariff Schedules T e c h n i c a l Amendments Act of 1965.

(a) SHORT TITLE.—This Act may be cited as the "Tariff Schedules

Technical Amendments Act of 1965". (b) AMENDMENT OF SCHEDULES.—Whenever in this Act 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 (28 F.R., part II, Aug. 17, 1963; 77A Stat.; 19 U.S.C. sec. 1202). Each page reference " (p. —) " in this Act refers to the page on which the item or provision referred to appears both in part II of the Federal Register for August 17, 1963, and in volume 77A of the United States Statutes at Large. (c) CITATION OF SCHEDULES.—Title I of the Tariff Act of 1930, as in effect on or after August 31, 1963, may be cited as the "Tariff Schedules of the United States". SEC. 2. EFFECTIVE DATE. (a) Except as otherwise provided, the amendments and repeals made by this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the 60th day after the date of the enactment of this Act. (b) Upon request therefor filed with the collector of customs concerned on or before the 120th day after the date of the enactment of this Act, the entry or withdrawal of any article— (1) which was made after August 30, 1963, and before the 61st day after the date of the enactment of this Act, and (2) with respect to which the amount of duty would be smaller if the amendments and repeals made by this Act (other than the amendments made by sections 2 8 (a), 53(a), 78 (a) and (b), and 87(a)) applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated "^^ ^^^ ^^^^^ as though such entry or withdrawal had been made on the 61st day after the date of the enactment of this Act. SEC. 3. STATUS OF CERTAIN CHANGES IN TARIFF SCHEDULES. (a) For purposes of applying paragraphs (4) and (5) of section 266 (19 U.S.C. sec. 1886) and section 351(b) (19 U.S.C. sec. 1981(b)) of the Trade Expansion Act of 1962 and section 350(c)(2)(A) of the ^e Stat. 881, Tariff Act of 1930 (19 U.S.C. sec. 1351(c)(2)(A)) — 69 Stat. i65. (1) The rates of duty in rate column numbered 1 of the Tariff Schedules of the United States as changed by this Act shall be treated as the rates of duty existing on July 1, 1962. (2) The rates of duty in rate column numbered 2 of such Schedules as changed by this Act shall be treated as the rates of duty existing on July 1, 1934. (b) The rates of duty in rate column numbered 1 of the Tariff Schedules of the United States as changed by this Act which are lower than the rates of duty in rate column numbered 2 of such Schedules for the corresponding items shall be treated— (1) as not having the status of statutory provisions enacted by the Congress, but

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Page:United States Statutes at Large Volume 79.djvu/974

 934

Post,

PUBLIC LAW 89-241-OCT. 7, 1965

p. 939.

76 Stat. 73. Post,

p. 950.

64 Stat. 261.

[79 STAT.

(2) as having been proclaimed by the President as being required or appropriate to carry out foreign tmde agreements to which the United States is a party. (c) The changes in part 2 of the Appendix to the Tariff Schedules of the United States made by section 30 of this Act shall be treated— (1) as not having the status of statutory provisions enacted by the Congress, but (2) as having been proclaimed by the President pursuant to paragraph (2) of section 102 of the Tariff Classification Act of 1962 (19 U.S.C. sec. 1202 note). (d) The changes in part 3 of the Appendix to the Tariff Schedules of the United States made by section 88 of this Act shall be treated— (1) as not having the Status of statutory provisions enacted by the Congress, but (2) as having been proclaimed by the President pursuant to section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C. sec. 624). SEC. 4. CONTAINERS NOT IMPORTED EMPTY.

19 USC 1202.

The first sentence of subparagraph (i) of general headnote 6(b) (p. 12) is amended to read as follows: "The usual or ordinary types of shipping or transportation containers or holders, if not designed for, or capable of, reuse, and containers of usual types ordinarily sold at retail with their contents, are not subject to treatment as imported articles." SEC. 5. GRAPE JUICE.

Item 165.40 (p. 64) is amended by striking out "9^ per gal." and inserting in lieu thereof "500 per gal.", and by striking out "70^ per gal." and inserting in lieu thereof "$1 per gal.".

SEC. 6 EDIBLE PREPARATIONS, ANIMAL FEEDS, AND INGREDIENTS . THEREFOR. (a) EDIBLE PREPARATIONS.—Headnote 3 for schedule 1, part 15, subpart B (p. 78) is amended by inserting before the period at the end thereof the following: ", but such term does not include any substance provided for in schedule 4 (except part 2E thereof) or schedule 5 (except part I K thereof)". (b) ANIMAL FEEDS.—Headnote 1(a) for schedule 1, part 15, subpart C (p. 79) is amended by inserting after "respectively" the following: ", but such term does not include any product provided for in schedule 4 (except part 2E thereof) or schedule 5 (except part I K thereof)". SEC. 7. WILD RICE.

Schedule 1, part 15, subpart B is amended by inserting after item 182.58 (p. T8) the following new item: " I 182.70 I Wild rice, crude or processed

 * 5 % a d val. | 1 0 % ad val. | "

SEC. 8. SEAWEEDS.

Item 192.05 (p. 83) is amended by striking out "Carrageen," and inserting in lieu thereof "Seaweeds,". SEC. 9. FLORIST ARTICLES.

Item 192.20 (p. 84) is amended to read as follows: 192.20

Cut flowers, fresh; bouquets, wreaths, sprays, or similar articles made from such flowers or other fresh plant parts
 * 10% ad val.

40% ad val.

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Page:United States Statutes at Large Volume 79.djvu/975

 79 STAT. ]

PUBLIC LAW 89-241-OCT. 7, 1965.

935

SEC. 10. HARVESTING CONTAINERS AND AGRICULTURAL SPRAYERS. (a) HARVESTING CONTAINERS.—Schedule 2, part 1, subpart D is amended by inserting after item 204.25 (p. 91) the following: 204.27

Containers designed for use in the harvesting of I fruits and vegetables I Free

19 USC 1202.

Free

(b) SPRAYERS.—The article description for item 662.45 (p. 312) is amended by striking out ", self-contained, having a capacity over 5 gallons," and inserting in lieu thereof "(except sprayers, self-contained, having a capacity not over 5 gallons)". SEC. n. CERTAIN BOXES AND CASES COVERED OR LINED WITH TEXTILE FABRICS. (a) JEWELRY BOXES, ETC., OF WOOD.—Item 204.50 (p. 91) is amended by striking out "8.5 % ad val." and inserting in lieu thereof " 5 % ad val.". (b) BOXES OF PAPER, ETC.—Item 256.50 (p. 106) is repealed and

Repeal.

item 256.48 is amended— (1) by striking out "but not" and inserting in lieu thereof "or", and (2) by striking out " 4 % ad val." and inserting in lieu thereof " 5 % ad val.". SEC. 12. CORK. (a) GASKBTING MATERIALS.—Schedule 2, part 2, subpart A is amended by inserting after item 220.20 (p. 93) the following new item: " I 220.25 I Vulcanized sheets and slabs wholly of ground or pul- I I I verized cork and rubber I 10% ad val.

I
 * 25% ad val.

I

(b) FLOOR COVERINGS.—The article description for item 728.20 (p. 365) is amended by striking out "composition". SEC. 13. WOOD PARTICLE BOARD. Schedule 2, part 3 is amended by striking out item 245.50 (p. 98) and inserting in lieu thereof the following: 245.45

245.50

Wood particle board, whether or not face finished: If 90 percent or more by weight of the wood components consist of one, or any combination, of the following hardwoods: Pterocarpus spp., Triplaris spp., or Virola spp other

12% ad val. 20% ad val.

40% ad val 40% ad val

SEC. 14. SHOEBOARD. Item 251.49 (p. 103) is amended by striking out "Leatherboard" and inserting in lieu thereof "Shoeboard". SEC. 15. TEXTILE FABRICS, COATED OR FILLED, OR LAMINATED, WITH RUBBER OR PLASTICS; ARTICLES MADE FROM SUCH FABRICS. (a) CLASSIFICATION OF CERTAIN ARTICLES WHOLLY OR I N PART OF FABRICS COATED OR FILLED, OR LAMINATED, W I T H RUBBER OR PLAS-

TICS.—The headnotes for schedule 3 are amended— (1) by inserting "except as provided by headnote 5," before "articles" at the beginning of subparagraph (vi) of headnote 2(a) (p. 114), and (2) by adding after headnote 4 (p. 115) the following new headnote: "5. For the purposes of parts 5, 6, and 7 of this schedule and parts 1 (except subpart A), 4, and 12 of schedule 7, in determining the classification of any article which is wholly or in part of a fabric coa^^ed or filled, or laminated, with nontransparent rubber or plastics (which fabric is provided for in part 4C of this schedule), the fabric shall be regarded not as a textile material but as beim^ wholly of rubber or plastics to the extent that (as used in the article) the nontransparent

77A Stat. 145.

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Page:United States Statutes at Large Volume 79.djvu/976

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PUBLIC LAW 89-241-OCT. 7, 1965

[79 STAT.

rubber or plastics forms either the outer surface of such article or the only exposed surface of such fabi-ic." Repeal, 19 USC 1202.

(b) DETERMINATION OF COMPONENT FIBERS OF C H I E F VALUE I N COATED OR FILLED FABRICS, ETC.—Headnote 3 for schedule 3, part 4,

subpart C (p. 145) is repealed, and headnote 4 for schedule 3 (p. 115) is amended to read as follows: "4. For the purposes of the tariff schedules— " (a) Except as specifically provided otherwise, in determining the yarn count of fabrics, the warp and filling yarns, whether plied or not, shall be counted as they occur in the fabric. " (b) I n determining the component fibers of chief value in coated or filled, or laminated, fabrics and articles wholly or in part thereof, the coating or filling, or the nontextile laminating substances, shall be disregarded in the absence of context to the contrary." (c) WOVEN OR K N I T FABRICS COATED OR FILLED.—

Repeals.

(1) Schedule 3, part 4, subpart C, headnote 2 (p. 145) is amended by striking out "and" at the end of paragraph (a), by striking out the period at the end of paragraph (b) and inserting in lieu thereof "; and", and by adding at the end thereof the following new paragraph: "(c) the provisions in this subpart for fabrics, coated or filled with rubber or plastics material, or laminated with sheet rubber or plastics (items 355.65-.85), cover products weighing not over 44 ounces per square yard without regard to the relative quantities of the textile fibers and the rubber or plastics material, but do not cover products weighing over 44 ounces per square yard unless they contain more than 50 percent by weight of textile fibers." (2) The article description preceding item 355.65 (p. 146) is amended by striking out ", except foam or sponge sheet". (3) Item 355.80 (p. 146) is repealed and there is inserted in lieu thereof the following: 355.81 355.82

Of man-made fibers: Over 70 percent by weight of rubber or plastics other.

12.5% ad val. 25^ per lb. + 30% ad val.

25% ad val. 45^ per lb. + 65% ad val.

(d) EAINWEAR AND SIMILAR GARMENTS.—Items 376.50, 376.54, and 376.58, and the article description preceding item 376.50 (p. 159) are repealed and there is inserted in lieu thereof the following:

376. 54 376. 56

Garments designed for rainwear, hunting, fishing, or similar uses, wholly or almost wholly of fabrics which are coated or filled, or laminated, with rubber or plastics, which (after applying headnote 5 of schedule 3) are regarded as textile materials: Of cotton other

15% ad val. 30% ad val.

37.5% ad val. 65% ad val.

(e) CERTAIN UNSUPPORTED F I L M. — The article description preceding item 771.40 (p. 393) is amended by striking out "and unsupported". (f) CERTAIN INFLATABLE ARTICLES.—Item 772.75 (p. 394) is repealed, and schedule 7, part 13, subpart A is amended by inserting after item 790.37 (p. 397) the following new item: " I 790.39 I Pneumatic mattresses and Other inflatable articles not I I I specially provided for
 * 12.5% ad val.

I
 * 25% ad val.

I

SEC. 16. MEASURE OF CERTAIN YARNS; CERTAIN WOVEN FABRICS CONTAINING MAN-MADE FIBERS OR WOOL. (a) MEASURE OF CERTAIN YARNS.—The article description for item

305.14 (p. 121) is amended to read as follows: "Measuring over 270 yards but not over 18,000 yards per pound".

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Page:United States Statutes at Large Volume 79.djvu/977

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79 STAT, ] (b)

937

CERTAIN WOVEN FABRICS CONTAINING MAN-MADE FIBERS OR

WOOL.—Schedule 3, part 3, subpart B is amended by inserting after item 335.50 (p. 138) the following new items: 30^ per lb. +45% ad val.

335.55

Containing over 17 percent of wool by weight.

335.60

Fabrics, other than the foregoing, containing over 50 percent by weight of yarns which yarns are composed wholly or almost wholly of fibers not exceeding 5 inches in length and contain not less than 50 percent by weight of man-made fibers.. 25^ per lb. +22.5% ad val.

m per lb. +55% ad val.

45^ per lb. +70% ad val.

SEC. 17. ORNAMENTED FABRICS; FABRICS WITH TUCKS. (a) ORNAMENTED FABRICS.—Item 353.50 (p. 144) is amended—

(1) by striking out "42.5 % ad val." and inserting in lieu thereof "42.5% ad val., but in the case of ornamented fabrics not less than the rate which would apply to such fabrics if not ornamented"; and (2) by striking out "90% ad val." and inserting in lieu thereof "90% ad val., but in the case of ornamented fabrics not less than the rate which would apply to such fabrics if not ornamented". (b) TEXTILE FABRICS W I T H TUCKS.—Item 357.60 (p. 147) is amended— (1) by striking out "42.5% ad val." and inserting in lieu thereof "42.5% ad val., but not less than the rate which would apply to such fabrics without tucks"; and (2) by striking out "90% ad val." and inserting in lieu thereof "90% ad val., but not less than the rate which would apply to such fabrics without tucks". SEC. 1. USED BAGS AND SACKS SUITABLE FOR BALING COTTON. 8 Schedule 3, part 4, subpart C is amended by striking out item 356.50 (p. 146) and inserting in lieu thereof the following: 356.50 356. 51

Woven fabrics of vegetable fibers, suitable for covering cotton bales: Recovered from used bags and sacks Other fabrics, in the piece or in units, containing not over 16 yarns per square inch (counting the warp and filling) and weighing 15 or more ounces per square yard

Free

Free

0.3^ per sq. yd.

0.6^ per sq. yd.

SEC. 19. BELTING AND BELTS FOR MACHINERY. (a) IN GENERAL.—Items 358.05 and 358.10 (p. 147) and the article descriptions preceding such items are repealed and there is inserted in lieu thereof the following: 358.02

358.05 358.06 358.08

Belting and belts, for machinery, of textile fibers or of such fibers and rubber or plastics: V-belts other: Of vegetable fibers, or of such fibers and rubber or plastics: Not in part of rubber or plastics In part of rubber or plastics Of wool: Woven

358.09 358.11 358.14

Other Of silk Of man-made fibers.

358.16

Other

12% ad val.

30% ad val.

12% ad val. 16% ad val.

30% ad val. 30% ad val.

37.5<S per lb.+ 15% ad vaJ. 32% ad val. 27.5% ad val. 25^ per lb.+ 30% ad val. 12.5% ad val.

50«; per lb.+ 60% ad val. 50% ad val. 65% ad val. 45^ per lb.+ 65% ad val. 25% ad val.

(b) MACHINERY BELTS NOT CONTAINING TEXTILE FIBERS.—Item 773.35 (p. 395) is amended by striking out "vegetable fibers" and inserting in lieu thereof "textile fibers". 49-850 0-66—62

^^ ^^'^ ^202.

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Page:United States Statutes at Large Volume 79.djvu/978

 PUBLIC LAW 89-241-OCT. 7, 1965

938 19 USC 1202.

SEC. 20. SWISS-TYPE CURTAINS AND DRAPES. Schedule 3, part 5, subpart C is amended— (1) by striking out items 365.55, 365.60, and 365,65 and the article descriptions preceding item 365,55 (p, 152), and (2) by striking out item 365,78 and the article description preceding such item (p. 153) and inserting in lieu thereof the following:

365.77

365.78

Repeal,

[79 STAT,

Net furnishings made on a lace, net, or knitting machine, whether or not ornamented; and other furnishings, ornamented: Of cotton: Curtains and drapes, including panels and valances, all the foregoing if machine-embioidered but not otherwise ornamented.. other-.

30% ad val. 60% ad val.

90% ad val. 90% ad val.

SEC. 21. LABELS OF MAN-MADE FIBERS. Item 385,61 (p, 163) is amended by striking out "30% ad val," and inserting in lieu thereof "19% ad val,". SEC. 22. LACTIC ACID. Item 425,82 (p. 186) is amended by striking out "12.5% ad val," and inserting in lieu thereof "16% ad val,", and by striking out "25% ad val," and inserting in lieu thereof "35% ad val,". SEC. 23. ESTERS OF MONOHYDRIC ALCOHOLS. The article description preceding item 428,50 (p, 188) is amended to read as follows: "Esters of monohydric alcohols and organic or inorganic acids (except hydrogen sulfide and hydrogen halide acids):", SEC. 24. CELLULOSE COMPOUNDS; SURFACE-ACTIVE AGENTS. (a) CELLULOSE COMPOUNDS,--Item 429,80 (p, 189) is repealed. (b) CARBOXYMETHTL CELLULOSE SALTS,—Schedule 4, part 8, subpart A is amended by inserting after item 465,85 (p, 204) the following new item: •* I 466.87 I Carboxymethyl cellulose salts

 * 16^ per lb.

 * 45^ per lb.

(c) LiGNiN SULFONIC ACID AND I T S SALTS.—Schedule 4, part 8, subpart A is amended by inserting after item 465,90 (p, 204) the following new item:
 * ' I 466.92 I Llgnin sulfonic acid and its salts

 * 10% ad val,

 * 20% ad val.

(d) CELLULOSE COMPOUNDS, NOT SPECIALLY PROVIDED FOR,—Sched-

ule 4, part 13, subpart B is amended by inserting after item 493,16 (p, 221) the following new item: " I 493.18 I Cellulose compounds, not specially provided for

 * 16^ per lb.

 * 45< per lb.

(e) SURFACE-ACTIVE AGENTS,—The headnote for part 8 of schedule 4 (p. 203) is amended by inserting after the first sentence a new sentence as follows: "This part also covers certain specified products which may or may not be surface-active agents," SEC. 25. SYNTHETIC RESINS AND PLASTIC MATERIALS. The headnotes for schedule 4, part 4, subpart A (p. 195) are amended— (1) by striking out in headnote 1 "a plasticizer, filler, color, or extender" and inserting in lieu thereof "an antioxidant, color, dispersing agent, emulsifier, extender, filler, pesticide, plasticizer, or stabilizer"; and (2) by striking out in headnote 2 "plasticizers, fillers, colors, or extenders" and inserting in lieu thereof "an antioxidant, color, dispersing agent, emulsifier, extender, filler, pesticide, plasticizer, or stabilizer".

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Page:United States Statutes at Large Volume 79.djvu/979

 79 STAT. ]

PUBLIC LAW 89-241-OCT. 7, 1965

939

SEC. 26. PIGMENTS. Headnote 1 for schedule 4, part 9, subpart B (p. 208) is amended by striking out ''chiefly used to impart color" and inserting in lieu thereof "commonly known as pigments and suitable for use in imparting color". SEC. 27. CONCRETE. Schedule 5, part 1, subpart A, headnote 1 (p. 225) is amended by striking out paragraph (b) and inserting in lieu thereof the following: "(b) the term 'concrete' means a composite of cementing materials of mineral origin with added mineral aggregate such as sand, crushed stone, or gravel; and". SEC. 28. SYNTHETIC MINERS' DIAMONDS; POWDER OR DUST. (a) IN GENERAL.—Schedule 5, part 1, subpart H is amended by striking out item 520.21 (p. 232) and inserting in lieu thereof the following: 520.19 520.20 520.21

Synthetic: Miners' diamonds., Powder or dust Otiier

Free Free 16% ad val.

Free Free 30% ad val.

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the dat« of the enactment of this Act. SEC. 29. SUBPORCELAIN REFRACTORY ARTICLES. Item 531.37 (p. 236) is amended by striking out "Porcelain refractory articles" and inserting in lieu thereof "Porcelain and subporcelain refractory articles". SEC. 30. CERTAIN COLORED OR SPECIAL GLASS. Items 542.75 and 542.77 (p. 246) and items 923.75 and 923.77 (p. 437) are each amended by striking out "90 united inches" and inserting in each place in lieu thereof "100 united inches". SEC. 31. IRON ORE. Headnote 2(a) for schedule 6, part 1 (p. 253) is amended by inserting "iron," after "sintered". SEC. 32. CERTAIN SEMIMANUFACTURED PLATINUM. Item 605.07 (p. 261) is amended by striking out "Bars, plates, and sheets, all the foregoing not under 0.125 inch in thickness," and inserting in lieu thereof "Products having no dimension under 0.125 inch,". SEC. 33. ROUND WIRE. Schedule 6, part 2 is amended by striking out items 609.40 and 609.42 and the article descriptions preceding item 609.40 (p. 271) and inserting in lieu thereof the following: Round wire: other than alloy iron or steel: Under 0.060 inch in diameter 0.060 inch or more in diameter: Containing not over 0.26 percent by

609.43

25% ad val.

1.26^ per lb

8.5% ad val.

609.41

8.5% ad val.

0.3^ per lb.

600.40

25% ad val.

Containing over 0.25 percent by

SEC. 34. TABLEWARE AND OTHER HOUSEHOLD UTENSILS. The headnotes for schedule 6, part 3, subpart E (p. 299) are amended by striking out headnote 4 and by redesignating headnotes 5 and 6 as headnotes 4 and 5, respectively; and the headnotes for schedule 6, part 3 (p. 291) are amended by adding at the end thereof the following new headnote: "2. The provisions in this part which specifically refer to kitchen or table ware, or to table, kitchen, or household utensils and articles,

19 USC 1202.

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text:
Page:Folk-lore - A Quarterly Review. Volume 13, 1902.djvu/41

 MORE FOLKLORE FROM THE HEBRIDES.

BY A. GOODRICH-FREER.

(Read at Meeting of 6th November, 1901.)

that I may venture to claim that a good deal of the folklore contained in the following pages has never before been printed, and that even in the case of such traditions and beliefs as are so far widespread as to have been gathered together elsewhere, that, at all events, they are here given for the first time as collected in the islands of South Uist and Eriskay. In the very few cases in which I have presented examples already published by Mr. Carmichael in his Carmina Gadelica, it is because we have both borrowed from a common fount, the Rev. Allan Macdonald, who has long had access to sources of information entirely inaccessible to all others, and to whom I acknowledge the deepest obligation. As priest, and even more as friend, to a people whose hearts can never open fully but to one of their own faith and living in their midst, he has had, and has used to the full, opportunities that are in the most literal sense unique, and without him—his knowledge, sympathy, and erudition—the folklore, songs, hymns, customs, and tales of these islands could never have been collected.

I.—

Among the more remote islands of the Outer Hebrides one is constantly confronted with the phrase, "It is not right," literally, "It is not ordered." Thus, it is not right to mend clothes while upon the person. It is an interference with the rights of the dead, to whom alone belongs


text:
Page:United States Statutes at Large Volume 79.djvu/980

 PUBLIC LAW 89-241-OCT. 7, 1965

940

19 USC 1202.

[79 STAT.

include articles of types which are used oiit(l(x>rs as well as those which are used indoors.*' SEC. 35. CERTAIN GALVANIZED WIRE. (a) FENCING.—Item 642.35 (p. 293) is amended by striking out "not under 0.08 inch in diameter" and inserting in lieu thereof "not under 0.075 inch in diameter'. (b) CERTAIN WOVEN W I R E. — The article description preceding item 642.45 (p. 293) is amended by striking out "under 0.08 inch" and inserting in lieu thereof "under 0.075 inch". (c) MILLINERS" W I R E. — Item 642.96 (p. 294) is amended by striking

Repeals,

out "not under 0.08 inch in diameter" and inserting in lieu thereof "not under 0.075 inch in diameter". SEC. 36. AUTOMOBILE, ETC., PARTS. (a) HINGES AND FITTINGS, ETC.—Item 647.00 (p. 298) is repealed and there is inserted in lieu thereof the following: 647. 01 647.03

Of iron or steel, of aluminum, or of zinc: Hinges, fittings, and mountings, deOther

8.5% ad val. 19% ad val.

25% ad val. 45% ad val.

(b) HAIRSPRINGS.—Schedule 6, part 3, subpart F is amended by inserting after item 652.85 (p. 306) the following new item: " I 652.86 I

Hairsprings.

[ 10% ad val.

 * 66% ad val.

]"

(c) PUMPS FOR LiQums.—Item 660.90 (p. 310) is repealed and there is inserted in lieu thereof the following:

660.92 660.94

Pumps for liquids, whether or not fitted with measuring devices; liquid elevators of bucket, chain, screw, band, and similar types; all the foregoing whether operated by hand or by any kind of power unit, and parts thereof: Fuel injection pumps for compression-ignition engines, and parts thereof other

6% ad val. 10% ad val.

35% ad val. 35% ad val.

(d) HALL BEARINGS W I T H INIHGRAL SHAFTS.—Item 680.35 (p. 319) is repealed and there is inserted in lieu thereof the following: 680.34 680.35

Ball or roller bearings, including such bearings with integral shafts, and parts thereof: Ball bearings with integral shafts Other

12% ad val. 3.4|t per lb. -H5% ad val.

35% ad val. 10^ per lb. -t-45% ad val.

(e) REPAIR KITS.—Schedule 6, part 4, subpart J is amended by inserting after item 680.57 (p. 319) the following: Kits, each containing three or more replacement parts however provided for elsewhere in the schedules, put up and pacliaged for the repair of hydraulicbrake master or wheel cylinders or for the repair of internal-combustion engine pumps or carburetors... 10% ad val.

35% ad val.

(f) PARTS OF EiJscrRicAL ARTICLES.—

(1) Subparagraph (vi) of headnote 1 (p. 321) for schedule 6, part 5, is amended to read as follows: "(vi) electrical histruments and apparatus provided for in schedule 7.". (2) The article description pi-eceding item 682.70 (p. 321) is amended by inserting "; all the foregoing and parts thereof" after "electro-magnetic lirting heads". (3) The article description for item 682.80 (p. 321) is amended by inserting "and parts thereof" after "holders^'. (g) PERMANENT MAGNETS.—Item 682.70 (p. 321) is amended by ^:triking out "18% ad val." and inserting in lieu thereof "16% ad val.'.

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Page:United States Statutes at Large Volume 79.djvu/981

 79 STAT. ]

PUBLIC LAW 89-241-OCT. 7, 1965

941

(h) LiGHiTNG EQUIPMENT DESIGNED FOR MOTOR VEHICLES.—Schedule 6, part 5, is amended by inserting after item 683.60 (p. 322) the M l o w m g new item: 683. 65 Electric lighting equipment designed for motor vehicles, and parts thereof

8.5% ad val.

25% ad val.

(i) AUTOMATIC VOLTAGE-CURRENT REGULATORS.—Item 686.20 (p. 323) is repealed and there is inserted in lieu thereof the following: Automatic voltage and voltage-current regulators, with or without cut-out relays, and parts thereof: Designed for use in a 6-volt, 12-volt, or 24-volt system 8.5% ad val. Other 15% ad val.

25% ad val. 35% ad val.

(j) IGNITION W I R I N G SETS, ETC.—Schedule 6, part 5, is amended by inserting after item 688.10 (p. 324) the following: 8.12

(k)

Ignition wiring sets and wiring sets designed for use in motor vehicles and craft provided for in part 6 of schedule 6

10% ad val.

30% ad val.

SPEEDOMETERS AND TACHOMETERS.—

(1) The headnotes for schedule 7, part 2, subpart D (p. 344) are amended by striking out "711.99" in headnote 1 and inserting in lieu thereof "711.88", and by striking out "711.99, inclusive (except magnetic speedometers)," in headnote 2(a) and inserting in lieu thereof "711.88, inclusive,". (2) Schedule 7, part 2, subpart D is amended by striking out items 711.90 to 711.98, inclusive, and the article descriptions for such items (p. 346) and inserting in lieu thereof the following:

711.90 711.91 711. 98

Revolution counters, production counters, taximeters, odometers, pedometers, counters similar to the foregoing articles, speedometers and tachometers, all the foregoing not provided for in subpart C of this part; parts of the foregoing: Taximeters and parts Bicycle speedometers and parts thereof Other

42.5% ad val. 55% ad val. 10% ad val.

85% ad val. 110% ad val. 35% ad val.

(3) Item 712.25 (p. 346) and the article description preceding such item are each amended by striking out "Tachometers and anemometers" and inserting in lieu thereof "Anemometers". (1)

FURNITURE DESIGNED FOR MOTOR VEHICLE USE.—Schedule 7,

part 4, subpart A is amended by inserting after item 727.04 (p. 364) the following: " I 727.06 I Furniture designed for motor-vehicle use, and parts I I I thereof..
 * 8.5% ad val.

I
 * 25% ad val.

I

SEC. 37. PICKS A N D MATTOCKS.

Item 648.53 (p. 300) is amended by striking out "19% ad val." and inserting in lieu thereof "7.5% ad val.". SEC. 38. FILES AND RASPS. Items 649.05 and 649.07 (p. 300) are each amended by striking out "7 inches" and inserting in lieu thereof "6.75 inches". SEC. 39. PENCIL SHARPENERS AND LEAD AND CRAYON POINTERS. Schedule 6, part 3, subpart E, is amended by inserting after item 651.31 (p. 304) the following: 651.33

Pencil sharpeners and lead and crayon pointers, I and parts thereof 17% ad val.

19 USC 1202.

40% ad val.

Repeal.

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STAT.

SEC. 40. TREATMENT OF CERTAIN SETS. (a) CERTAIN CAMPING AND P I C N I C SETS.—Schedule 6, part 3, subpart E is amended by inserting after item 651.13 (p. 304) the following new item: "

Camping and picnic sets each comprised of a knife, fork, and spoon, wholly of metal, and with each of the three pieces specially designed so as to permit their being compactly joined and held together when not in use 26% ad val.

651.15

(b)

77A Stat. 341.

[79

DISSECTING

TOOLS

FITTED

INTO

CASES

60% ad val.

CONTAINING

MICRO-

SCOPES.—The headnotes for schedule 7, part 2, subpart A are amended by adding at the end thereof (p. 340) the following new headnote: "4. Sets comprised of tools, implements, and other articles fitted into and imported with cases containing microscopes provided for in item 708.71, and ordinarily sold at retail, and used, in conjunction with such microscopes, are classifiable therewith." (c) CONFORMING AMENDMENT.—The article description for item 651.75 (p. 304) is amended by striking out "(except sewing sets, pedicure or manicure sets, and combinations thereof)" and inserting in lieu thereof "(except sets specially provided for)". SEC. 41. HAND TOOLS. The article description preceding item 651.39 (p. 304) is amended by inserting ", and parts thereof" after "Other hand tools". SEC. 42. CHAIN AND CHAINS, AND PARTS THEREOF. Schedule 6, part 3, subpart F (p. 305) is amended— (1) by striking out "Chains used for the transmission of power" in the article descriptions preceding item 652.12 and inserting in lieu thereof "Chain or chains used for the transmission of power", (2) by inserting "or chains" after "chain" in the article description for item 652.21, and (3) by striking out the article description preceding item 652.24 and inserting in lieu thereof "Chain or chains (except the foregoing) the links of which are of stock essentially round in cross section, and parts thereof:", and by inserting after item 652.33 the following new item: "I 652.36 I

other, including parts

 * l9%adval.

 * 45%adval.

SEQ 43. HORSE SHOES. Schedule 6, part 3, subpart F is amended by striking out item 652.40 (p. 305) and inserting in lieu thereof the following: 652.41 652.42

Horse and mule shoes of base metal: Of irou or steel other

0.25< per lb 19% ad val.

0.25< per lb. 45% ad val.

SEC. 44. MISCELLANEOUS METAL PRODUCTS. The article description preceding item 653.85 (p. 307) is amended by striking out "Not enameled:" and inserting in lieu thereof "Not enameled or glazed with vitreous glasses:", and item 653.97 is amended by striking out "Enameled" and inserting in lieu thereof "Enameled or glazed with vitreous glasses". SEC. 45. SHOE MACHINERY. (a)

KNIVES

AND CUTTING

BLADES FOR SHOE

MACHINERY.—The

article description for item 649.65 (p. 301) is amended by inserting "and for shoe machinery" after "blades)". (b) S H O E MACHINERY FOR CERTAIN TREATMENT OF MATERIALS.—The

article description preceding item 661.65 (p. 311) is amended by inserting "shoe machinery," after "sugar machinery,".

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(c) PARTS OF SHOE SEWING MACHINES.—The article description for item 672.05 (p. 315) is amended by inserting ", and parts thereof (except needles)" after "uppers". (d) SHOE MACHINERY MOLDS.—Schedule 6, part 4, subpart J is amended by striking out item 680.10 (p. 318) and inserting in lieu thereof the following: 680. n 680.12

Molds used for rubber or plastics materials: Shoe machinery molds other

Free 11.5% ad val.

Free 35% ad val.

(e) PARTS OF COPYING LATHES.—The article description for item 911.70 (p. 434) is amended by inserting ", and parts thereof provided for in items 674.50, 674.51, and 674.53" after "schedule 6) ". SEC. 46. MACHINE CLOTHING.

Headnote 1 (iii) for schedule 6, part 4 (p. 309) is amended by inserting after "machine clothing" the following: ", other than card clothing provided for in items 670.52 and 670.54". SEC. 47. BLOWERS FOR PIPE ORGANS.

Schedule 6, part 4, subpart A is amended by striking out item 661.10 (p. 310) and inserting in lieu thereof the following: 661.09 661.10

Fans and blowers, and parts thereof: Blowers for pipe organs other..

10% ad val. 14% ad val.

35% ad val. 36% ad val.

SEC. 48. ROUGH IRON CASTINGS. (a) PARTS OF FILTERING AND PURIFYING MACHINERY.—Schedule 6,

part 4, subpart A is amended by striking out item 661.95 (p. 311) and inserting in lieu thereof the following: 661.92

661.95

other: Cast-iron (except malleable cast-iron) parts, not alloyed and not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues, and risers or to permit location in finishing machinery. 3% ad val. Other 11.6% ad val.

10% ad val. 35% ad val.

(b) ROLLERS FOR MACHINES.—Schedule 6, part 4, subpart J is amended by inserting after item 680.57 (p. 319) the following new item: 680.58

Cast-iron (except malleable cast-iron) rollers for machines, not alloyed and not advanced beyond cleaning, and machined only for the removal of fins, gates, sprues, and risers or to permit location in finishing machinery

3% ad val.

10% ad val.

SEC. 49. AGRICULTURAL AND HORTICULTURAL MACHINERY AND IMPLEMENTS, AND PARTS THEREOF. (a) AMENDMENT OF HEADNOTE.—Schedule 6, part 4, subpart C,

headnote 1 (p. 313) is amended by striking out "part 5," and inserting in lieu thereof "part 5 (except item 688.40),". (b) MILKING MACHINES, ETC.—The article description for item 666.00 (p. 313) is amended by inserting after "farm wagons and carts," the following: "milking machines, on-farm equipment for the handling or drying of agricultural or horticultural products,". (c) INTERNAL COMBUSTION ENGINES.—The article description for item 660.40 (p. 310) is amended by inserting after "item 692.30" the. following: "or in agricultural or horticultural machinery or implements provided for in item 666.00". (d) SPEED CHANGERS, ETC.—The article description following item 680.40 (p. 319) is amended by striking out "all the foregoing and parts thereof (except parts of motor vehicles, aircraft, and bicycles)" and inserting in lieu thereof "all the foregoing (except parts of agricul-

19 USC 1202.

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tural or horticultural machinery and implements provided for in item 666.00 and parts of motor vehicles, aircraft, and bicycles) and parts thereof-'. (e) TiRES.^—Schedule 7. part 12, subpart C is amended by inserting after item 772.48 (p. 394) the following new item: Designed for tractors provided for in item 692.30 or for agricultural or horticultural machinery or implements provided for in item 666.00

772.50

Free

Free

(f) TUBES.—Schedule T, part 12, subpart C is amended by inserting after item 772.57 (p. 394) the following new item: "1772.59]

Designedfortiresprovidedforinitem772.50...| Free

 * Free

SEC. 50. JACQUARD CARDS; PARTS OF TAPS, VALVES, ETC. (a) JACQUARD CARDS.—Schedule 6, part 4, headnote 1 (p. 309) is amended by striking out " ( i v) jacquard cards;"" and by redesignathig subparagraphs (v) and (vi) as subparagraphs (iv) and (v), respectively. (b) PARTS OF TAPS, VALVES, Eix:.—The article description preceding item 680.20 (p. 319) is amended by striking out "check:" and inserting in lieu thereof "check, and parts thereof:"'.

SEC. 51. CERTAIN SPEED CHANGERS. Item 680.45 (p. 319) is amended by inserting "multiple and variable ratio speed changers each ratio of which is selected by manual manipulation," after ''Fixed ratio speed changers,". SEC, 52. SYNCHRONOUS MOTORS; COMMUTATORS. (a) SYNCHRONOUS MOTORS.—The article description for item 682.20 (p. 321) is amended by inserting ", valued not over $4 each" after "•'Synchronous". (b) COMMUTATORS.—Schedule 6, part is amended by inserting after item 682.50 (p. 321) the following: " I 682.52 I

Commutators

 * 10% ad val.

 * 35% ad val.

SEC. 53. DICTATION RECORDING AND TRANSCRIBING MACHINES. (a)

MACHINES LOSING NONMAGNETIZABLE RECORDING MEDIUM.—

Schedule 6, part 5 is amended by striking out items 685.40 and 685.42 (p. 323) and the article description preceding such items and inserting in lieu thereof the following: " I 685.40 I j I

Tape recorders and dictation recording and tran- | scribing machines, and parts thereof j 11.5% ad val.

j
 * 35% ad val.

I I"

(b) F^FFECTivE DATE.—The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. SEC. 54. TELEVISION PICTURE TUBES. (a) I N (TENERAL.—Items 687.50 and 687.60 (p. 324) and the article description preceding such items are amended to read as follows: Electronic tubes (except X-ray tubes); photocells; transistors and other related electronic cryatal components; mounted piezoelectric crystals; all the foregoing and parts thereof: Televi-sion picture tubes 687..'iO Other 687.60

30% ad val. 12.5% ad val.

60% ad val. 35% ad val.

(b) TEMPORARY RATE FOR COLOR TELEVISON PICTURE TUBES.—Part 1,

subpart B of the appendix is amended by inserthig after item 911.70 (p. 434) the following new item: 911 i I Color television picture lubes (provided for M in item 687.TO)

12% ad val.

60% ad vul.

On or before 8/31/69

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SEC. 55. INSULATED CONDUCTORS WITHOUT FITTINGS. Item 688.05 (p. 324) is repealed and there is inserted in lieu thereof the following: 688.04 688.06

Without fittings: Containing (exclusive of insulation and sheatiiing) over 10 percent by weigiit of the metal copper Other

17% ad val. 15% ad val.

40% ad val. 35% ad val.

SEC. 56. BRAKE REGULATORS. Item 690.35 (p. 325) is amended by inserting ", except brake regulators" after "provided for in item 690.15". SEC. 57. FOOTWEAR OF RUBBER OR PLASTICS. (a) AMERICAN SELLING PRICE.—Headnote 3(b) for schedule 7, part 1, subpart A (p. 332) is amended by striking out "in item 700.50, if the rubber portion thereof is wholly, or over 50 percent by weight, of natural rubber, and". (b) PROTECTIVE FOOTWEAR.—Schedule 7, part 1, subpart A is amended by striking out item 700.50 (p. 332) and inserting in lieu thereof the following:

700.51

700.52

700.53

Hunting boots, galoshes, rainwear, and other footwear designed to be worn over, or in lieu of, other footwear as a protection against water, oil, grease, or chemicals or cold or inclement weather, all the foregoing having soles and uppers of which over 90 percent of the exterior surface area is rubber or plastics (except footwear with uppers of nonmolded construction formed by sewing the parts thereof together and having exposed on the outer surface a substantial portion of functional stitching): Having soles and uppers of which over 90 percent of the exterior surface area is polyvinyl chloride, whether or not supported or lined with polyvinyl chloride but not otherwise supported or lined 12.5% ad val. Footwear (except footwear provided for in item 700.51), the uppers of which do not extend above the ankle, designed for use without closures, whether or not supported or lined 25% ad val. other 37.5% ad val.

26% ad val.

50% ad val. 75% ad val.

SEC. 58. HEADWEAR OF PANDAN. Item 702.35 (p. 333) is amended by inserting "or of pandan," after "Of palm leaf". SEC. 59. BEADWEAR OF FUR NOT ON THE SKIN. The article description preceding item 703.20 (p. 334) is amended by striking out "of fur felt" and inserting in lieu thereof "of fur not on the skin". SEC. 60. ANESTHETIC APPARATUS; STETHOSCOPES. (a) ANESTHETIC APPARATUS.—Schedule 7, part 2, subpart B is amended by inserting between item 709.07 and the article description preceding it (p. 342) the following new item: 709.06

Anesthetic apparatus and instruments (except syringes), and parts thereof
 * 19% ad val.

45% ad val.

I"

(b) STETHOSCOPES.—Item 709.10 (p. 342) is amended by inserting "and stethoscopes" after "Percussion hammers".

SEC. 6L SURVEYING COMPASSES AND PARTS THEREOF. Item 710.12 (p. 343) is amended by striking out "11.5 % ad val." and inserting in lieu thereof "28% ad val.".

Repeal. 19 USC 1202.

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[79 STAT.

SEC. 62. COMPARATORS. Item 710.88 (p. 344) is amended by striking out "Comparators, comparator benches" and inserting in lieu thereof "Comparator benches". SEC. 63. COMBINATION ARTICLES CONTAINING WATCH OR CLOCK MOVEMENTS. (a) IN GENERAL.—Schedule 7, part 2, subpart E is amended by inserting after headnote 4 (p. 349) the following new headnote: "5. COMBINATION ARTICLES CONTAINING WATCH OR CLOCK MOVE-

MENTS.—A watch or clock movement (and its dial, if any) in a combination article is classifiable under the provision applicable to such combination article, but, in determining the duties on the combination article, the movement (and its dial, if any) shall be constructively separated therefrom and assessed with the same rate as would have applied if it had been imported separately. I n such circumstances, the movement and its dial shall also be subject to the same marking requirements provided for in headnote 4 of this subpart. However, such separate assessment and special marking shall not be applicable to movements which, when imported, are installed as the usual equipment of vehicles or craft provided for in part 6 of schedule 6 or as integral and essential parts of laboratory, industrial, or commercial apparatus or equipment." Repeal.

(b) CONFORMING AMENDMENT.—Items 711.65 and 711.70 and the

article description preceding such items (p. 345) are repealed and there is inserted in lieu thereof the following new item: "I 711.67 I

other

 * 14% ad val.

 * 50% ad val.

SEC. 64. EDITORS, AND COMBINATION EDITOR-SPLICERS, FOR MOTIONPICTURE FILMS. Item 722.52 (p. 356) is amended— (1) by striking out "11.5% ad val." and inserting in lieu thereof "35% ad val.", and (2) by striking out "35% ad val." and inserting in lieu thereof "45% ad val.". SEC. 65. HALF-TONE SCREENS MADE PHOTOGRAPHICALLY ON PLASTICS MATERIALS. Schedule 7, part 2, subpart F is amended by striking out item 722.84 (p. 357) and inserting in lieu thereof the following: 722.83 722.85

Half-tone screens designed for use in engraving or photographic processes: Made photographically on plastics material other

8.5% ad val. 27.5% ad val.

25% ad val 55% ad val

SEC. 66. HEAT-SENSITIVE PAPERS. Item 723.35 (p. 357) is amended by striking out "15% ad val." and inserting in lieu thereof "7.5% ad val.". SEC. 67. RECORDINGS ON MAGNETIC TAPE, ETC. Item 724.40 (p. 358) is amended— (1) by striking out "0.250 per sq. in." and inserting in lieu thereof "20 per sq. ft.", and (2) by striking out "10 per sq. in." and inserting in lieu thereof "80 per sq. ft.". SEC 68. ELECTRONIC MUSICAL INSTRUMENTS. Schedule 7, part 3, subpart A is amended by striking out item 725.45 (p. 360) and inserting in lieu thereof the following: 726.46 725.47

Electronic musical instruments: Fretted stringed instruments, other

34% ad val. 17% ad val.

40% ad val. 40% ad val.

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SEC. 69. PLAYING CARDS.

Item 734.25 (p. 371) is amended by striking out " 5 % ad val." and inserting in lieu thereof " 4 % ad val.".

19 USC 1202.

SEC. 70. PRECISION MODELS.

ITie article description for item 737.07 (p. 373) is amended by striking out "and cable-car systems;" and inserting in lieu thereof "cablecar systems; highway vehicles; ships and harbor structures; and airplanes and spacecraft;". SEC. 71. COSTUME JEWELRY; JEWELRY MATERIALS. (a) COSTUME JEWELRY.—Schedule 7, part 6, subpart A is amended

by striking out items 740.35 and 740.37 (p. 376) and inserting in lieu thereof the following: 740.35 740.37

Valued over 20 cents per dozen pieces or parts: Watch bracelets valued over $5 per dozen, other

35% ad val. 55% ad val.

110% ad val. 110% ad val.

(b) JEWELRY MATERIALS.—The article description preceding item 740.70 (p. 376) is amended by striking out "not over 0.5 inch in any cross-sectional dimension,". SEC. 72. BUTTON BLANKS.

Headnote 2 for schedule 7, part 7, subpart A (p. 379) is amended to read as follows: "2. For the purposes of this subpart— " (a) the term 'line' in the rates of duty columns (items 745.20, 745.22, and 745.32) means the line button measure of one-fortieth of one inch; and "(b) the term 'button blanks' (item 745.40) is limited to raw or crude blanks suitable for manufacture into buttons." SEC. 73. BUCKLES AND BUCKLE SLIDES.

Schedule 7, part 7, subpart A is amended by striking out items 745.45 and 745.47 and the article description preceding item 745,45 (p. 380) and inserting in lieu thereof the following: " I 745.45 I Buckles and buckle slides, and parts thereof

SEC. 74. CLASPS, CERTAIN FRAMES FASTENERS, AND PARTS.

 * 19% ad val.

I 45% ad val.

INCORPORATING CLASPS, SNAP

Schedule 7, part 7, subpart A is amended by striking out the article descriptions preceding item 745.63 and by striking out items 745.63, 745.65, and 745.67 (p. 380) and inserting in lieu thereof the following:

745.63 745.65

745.66 745.67 745.68

Clasps, handbag and similar frames incorporating clasps, and snap fasteners; all the foregoing and parts thereof: Valued not over 20 cents per dozen pieces or parts: Sew-on fasteners, and parts thereof other Valued over 20 cents per dozen pieces or parts: For jewelry and other objects of personal adornment: Of precious metal except silver (including rolled precious metal except silver). other other

56% ad val. 27.5% ad val.

60% ad val. 60% ad val.

24% ad val. 55% ad val. 17.5% ad val.

80% ad val. 110% ad val. 65% ad val.

SEC. 75. SLIDE FASTENER PARTS. The article description preceding item 745.70 (p. 380) is amended by striking out "Slide fasteners, and parts thereof:" and inserting in lieu thereof "Slide fasteners, and parts thereof including tapes in continuous lengths but not including tapes wholly of textile fibers:".

77A Stat. 379.

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SEC. 76. DRIED WREATHS, ETC.

Schedule 7, part 7, subpart B is amended by striking out item 748.35 (p. 381) and inserting in lieu thereof the following:

748.34 748.36

Bouquets, boutonnieres, corsages, wreaths, and similar ornamental articles, all the foregoing made of articles described in item 748.30 or item 748.32: Wholly or almost wholly of articles described in item 748.30 other

10% ad val. 25.6% ad val.

20% ad val. 75% ad val.

SEC. 77. ELECTRIC TOOTHBRUSHES.

Subparagraph (i) of headnote 1 for schedule 7, part 8, subpart A (p. 383) is amended to read as follows: "(i) mechanical combs, brooms, or brushes (other than combs or brushes which are toilet articles), or combs, brooms, or brushes which are parts of articles (other than toilet articles);".

SEC. 78. BROOMS MADE OF BROOM CORN. (a) IN GENERAL.—Schedule 7, part 8, subpart A is amended by striking out items 750.30 and 750.31 (p. 383) and inserting in lieu thereof the following:

750.26

750.27 750.28

750.29

760.30 750.31 750. 32 750 33

Brooms and brushes consisting of vegetable materials bound togethw but not mounted or set in a block or head, with or without handles: Brooms wholly or in part of broom corn: Whiskbrooms: Valued not over 32(4 each: In any calendar year prior to the entry, or withdrawal from warehouse, for consumption of 115,000 dozen (or such modified quantity as may become applicable under headnote 3(a) to this subpart) whiskbrooms classifiable under items 750.26 to 750.28, inclusive other

20% ad val. 12jS each 32% ad val.

20% ad val 12^ each 32% ad val

20% ad val. 32)6 each 32% ad val. 25% ad val. 20% ad val. (s).

20% ad val 32^ each. 32% ad val 25%, ad val

other brooms; Valued not over 96)5 each: In any calendar year prior to the entry, or withdrawal from warehouse, for consumption of 205,000 dozen (or such modified quantity as may become applicable under headnote 3 (a) to this subpart) brooms classifiable under items 760.29 to other other

(b) APPLICATION.—The headnotes for schedule 7, part 8, subpart A (p. 383) are amended by adding at the end thereof the following headnote: "3. (a) If the President determines that the estimated annual domestic consumption of whiskbrooms of a kind described in items 750.26 to 750.28, mclusive, or of other brooms of a kind described in items 750.29 to 750.31, inclusive, has substantially changed since 1965 or since the date of the immediatel;y^ preceding proclamation under this paragraph (if any), the quantity provided for in item 750.26 or 750.29, as the case may be, shall be modified by the percentage by which the President determines the estimated annual domestic consumption of the relevant brooms has changed in comparison with

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such estimated consumption in 1965 or at the time of such immediately preceding proclamation (if any). Such modified quantity shall be proclaimed by the President and shall, subject to the provisions of this paragraph, replace the quantity previously applicable under item 750.26 or 750.29. " (b) If the President determines an allocation among supplying countries of the quantity provided for in item 750.26 or 750.29 to be in the national interest, he may proclaim such allocation." (c) EFFECTIVE DATE.—The amendments made by subsections (a) and (b) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after January 1, 1966. SEC. 79. FIREWORKS.

Item 755.15 (p. 385) is amended by striking out "32% ad val." in column 1 and "42% ad val." in column 2 and by inserting in lieu thereof in each column "120 per lb., including the weight of all coverings, packing material, and wrappings". SEC. 80. RUBBER AND PLASTIC FILM, STRIPS, SHEETS, AND PLATES.

The headnotes for schedule 7, part 12, subpart B (p. 392) are amended— (1) by striking out "21 inches" in headnotes 1 (b) and 2(iv)(B) and inserting in lieu thereof "15 inches", and (2) by striking out "51 inches" in headnotes 1 (b) and 2(iv)(C) and inserting in lieu thereof "18 inches". SEC. 81. COLOSTOMY BAGS.

Item 772.42 (p. 394) is amended by inserting "colostomy bags," after "enema bags,". SEC. 82. FLY RIBBONS.

Schedule 7, part 13, subpart A is amended by inserting after item 790.10 (p. 397) the following new item: 790.15 j Fly ribbons (ribbon fly catchers)

 * 14% ad val.

35% ad val.

SEC. 83. SAUSAGE CASINGS.

Schedule 7, part 13, subpart A is amended by striking out item 790.45 (p. 397) and inserting in lieu thereof the following: Sausage casings not specially provided for, whether ornot cut to length: 790. 45 Of cellulosic plastics materials 790.47 other

25.5% ad val. 12.5% ad val.

60% ad val. 40% ad val.

SEC. 84. ARTICLES OF HAIR NOT SPECIALLY PROVIDED FOR.

Schedule 7, part 13, subpart C is amended by adding after item 792.70 (p. 399) the following new item: " I 792.75 I

Of hair

I 14% ad val.

 * 35% ad val.

SEC. 85. ARTICLES ASSEMBLED ABROAD.

The article description for item 807.00 (p. 408) is amended to read as follows: "Articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported, in condition ready for assembly without further fabrication, for the purpose of such assembly and return to the United States, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process such as cleaning, lubricating, and painting."

19 USC 1202.

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SEC. 86. COCONUT, PALMKERNEL, AND PALM OILS, SULFONATED OR SULFATED. Item 907.77 (p. 433) is amended by striking out "17.5% ad val." and inserting in lieu thereof "14% ad val.". SEC. 87. ELECTRODES FOR USE IN PRODUCING ALUMINUM. (a) TEMPORARY FREE E N T R Y. — Part 1, subpart B of the appendix is amended by inserting after item 909.20 (p. 433) the following new item: 909.25

64 Stat. 261. 7 u 624.

77A Stat. 321.

77A Stat. 338,

46 Stat. 734. 19 USC 1514.

[79 STAT.

Electrodes (provided for in item 517.61, part IE, schedule 5) when imported for use in producing aluminum

Free

Free

On or before 7/15/66

(b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption after the date of the enactment of this Act. SEC. 88. IMPORT RESTRICTIONS PROCLAIMED PURSUANT TO SECTION 22 OF AGRICULTURAL ADJUSTMENT ACT. Headnote 2 (p. 441) for part 3 of the appendix to the Tariff Schedules is amended— (1) by striking out "or for the personal use of the importer;" at the end of paragraph (b) and inserting in lieu thereof "for the personal use of the importer, or for research;", and (2) by striking out "articles not exceeding 100 pounds in aggregate weight in any shipment, if entered for exhibition, display, or sampling at a Trade Fair, or for research, and if" at the beginning of paragraph (c) and inserting in lieu thereof "articles entered for exhibition, display, or sampling at a Trade F a i r or for research, but only if". SEC. 89. PAST IMPORTATIONS OF CERTAIN ARTICLES. (a) IGNITION MAGNETO MAGNETS.—In the case of an article provided f^j. j ^ j^cm 682.70 of the Tariff Schedules of the United States, if— (1) such article is an ignition magneto magnet, and (2) such article was entered, or withdrawn from warehouse, for consumption after August 30, 1963, and on or before the 60th day after the date of the enactment of this Act, such article shall be treated as if it were provided for in item 683.60 of such schedules. (b) CERTAIN LUGGAGE AND HANDBAGS.—In the case of an article (other than flat goods) provided for in item 706.24 of the Tariff Schedules of the United States, if— (1) the textile materials of chief value in such article are fabrics coated or filled, or laminated, with rubber or plastics, (2) such article was imported before September 1, 1964, and (3) such article was entered, or withdrawn from warehouse, for consumption after August 30, 1963, and on or before the 60th day after the date of the enactment of this Act, such article shall be treated as if it were provided for in item 706.60 of such schedules. (c) ENTRIES PRIOR TO ENACTMENT.—This section shall apply in the case of any article entered, or withdrawn from warehouse, for consumption on or before the date of the enactment of this Act only upon request filed with the collector of customs concerned on or before the 120th day after the date of the enactment of this Act, and upon such request the entry or withdrawal of such article shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 or any other provision of law, be liquidated or reliquidated in accordance with the provisions of this section. Approved October 7, 1965.

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Page:United States Statutes at Large Volume 79.djvu/991

 79 STAT. ]

PUBLIC LAW 89-242-OCT. 7, 1965

951

Public Law 89-242 AN ACT

October 7, 1965

To consolidate the two judicial districts of the State of South Carolina into a single judicial district and to make suitable transitional provisions with respect thereto.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section tri"s^c'^'^' 121 of title 28 of the United States Code is amended to read as follows: "coAsoiidation "§121. South Carolina 62 Stat. 889. "South Carolina constitutes one judicial district comprising ten divisions. "(1) The Charleston Division comprises the counties of Beaufort, Berkeley, Charleston, Clarendon, Colleton, Dorchester, Georgetown, and Jasper. "Court for the Charleston Division shall be held at Charleston. "(2) The Columbia Division comprises the counties of Kershaw, Lee, Lexington, Richland, and Sumter. "Court for the Columbia Division shall be held at Columbia. "(3) The Florence Division comprises the counties of Chesterfield, Darlington, Dillon, Florence, Horry, Marion, Marlboro, and Williamsburg. "Court for the Florence Division shall be held at Florence. "(4) The Aiken Division comprises the counties of Aiken, Allendale, Barnwell, and Hampton. "Court for the Aiken Division shall be held at Aiken. "(5) The Orangeburg Division comprises the counties of Bamberg, Calhoun, and Orangeburg. "Court for the Orangeburg Division shall be held at Orangeburg. "(6) The Greenville Division comprises the counties of Greenville and Laurens. "Court for the Greenville Division shall be held at Greenville. "(7) The Rock Hill Division comprises the counties of Chester, Fairfield, Lancaster, and York. "Court for the Rock Hill Division shall be held at Rock Hill. "(8) The Greenwood Division comprises the counties of Abbeville, Edgefield, Greenwood, McCormick, Newberry, and Saluda. "Court for the Greenwood Division shall be held at Greenwood. "(9) The Anderson Division comprises the counties of Anderson, Oconee, and Pickens. "Court for the Anderson Division shall be held at Anderson. " (10) The Spartanburg Division comprises the counties of Cherokee, Spartanburg, and Union. "Court for the Spartanburg Division shall be held at Spartanburg." (b) The existing district judgeships for the Eastern District of South Carolina, the Western District of South Carolina, and the Eastern and Western Districts of South Carolina heretofore provided for by section 133 of title 28 of the United States Code shall hereafter 75 Stat. 8i. be district judgeships for the District of South Carolina and the present incumbents of such judgeships shall henceforth hold their offices under section 133, as amended by this Act. (c) I n order that the table contained in section 133 of title 28 of the United States Code will reflect the change made by this section in the

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Page:United States Statutes at Large Volume 79.djvu/992

 952

PUBLIC LAW 89-242-OCT. 7, 1965

[79 STAT.

number of districts in the State of South Carolina, such table is amended by striking out the following: "South Carolina: Eastern Western Eastern and Western

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and inserting in lieu thereof the following: "South Carolina Consolidation of districts. 62 Stat. 895.

Appointment of U.S. a t to r n e y s.

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SEC. 2. I n compliance with section 132 of title 28 of the United States Code the District Courts for the Eastern and Western Districts of South Carolina are hereby consolidated into, and shall henceforth constitute, a single District Court for the District of South Carolina. No loss or interruption of the jurisdiction of the consolidated District Court for the District of South Carolina over cases and controversies heretofore decided by or now pending in the District Courts for the Eastern and Western Districts of South Carolina shall result from such consolidation and prosecutions for offenses committed within the Eastern and Western Districts of South Carolina prior to the effective date of this Act shall be commenced and proceeded with the same as if such consolidation had not occurred. For the purpose of the trial of such offenses, the District Courts for the Eastern and Western Districts of South Carolina are continued in existence and the judges of the District Court for the District of South Carolina shall sit as judges in such courts according to assignment made by the chief judge of the United States District Court for the District of South Carolina or the chief judge of the United States Court of Appeals for the Fourth Circuit. The District Court for the District of South Carolina shall appoint a clerk who shall supersede the clerks of the District Courts for the Eastern and Western Districts of South Carolina and who shall maintain his office at Columbia until the court otherwise directs pursuant to sections 457 and 751(c) of title 28 of the United States Code. The presently existing records of the District Courts for the Eastern and Western Districts of South Carolina shall be placed in his custody. SEC. 3. When the term of office of either the United States attorney for the Eastern District of South Carolina or the United States attorney for the Western District of South Carolina, holding office on the date of enactment of this Act, has expired, the President is authorized to appoint a United States attorney for the District of South Carolina as provided by section 501 of title 28 of the United States Code. Until the United States attorney for the District of South Carolina has been appointed as herein authorized and has qualified, the United States attorney for the Eastern District of South Carolina holding office on the date of enactment of this Act shall continue to serve as a United States attorney and to perform the duties of such office in the Charleston, Columbia, Orangeburg, Florence, and Aiken divisions of the District of South Carolina, and the United States attorney for the Western District of South Carolina holding office on the date of enactment of this Act shall continue to serve as a United States attorney and to perform the duties of such office in the Greenville, Rock Hill, Greenwood, Spartanburg, and Anderson divisions of the District of South Carolina. I n the event a vacancy, other than a vacancy resulting from expiration of term, arises in either of such offices prior to the appointment as herein authorized and qualification, of a United States attorney for the District of South Carolina the incumbent of the other such office shall also perform the duties of the office in which the vacancy occurs until such appointment and qualification.

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