satisfactory bond, be designated a bonded smelting or refining warehouse. Metal-bearing materials may be entered into a bonded smelting or refining warehouse without the payment of duties thereon and there smelted or refined, or both, together with metal-bearing materials of domestic or foreign origin. Upon arrival of imported metalbearing materials at the warehouse they shall be sampled according to commercial methods and assayed, both under customs supervision. The bond shall be charged with a sum equal in amount to the duties which would be payable on such metal-bearing materials in their condition as imported if entered for consumption, and the bond charge shall be adjusted to reflect changes in the applicable rate of duty occurring while the imported materials are still covered by the bond. “(b) The several charges against such bond may be canceled in whole or in part “(1) upon the exportation from the bonded warehouses which treated the metal-bearing materials, or from any other bonded smelting or refining warehouse, of a quantity of the same kind of metal contained in any product of smelting or refining of metalbearing materials equal to the dutiable quantity contained in the imported metal-bearing materials less wastage provided for in subsection (c), or “(2) upon payment of duties on the dutiable quantity of metal contained in the imported metal-bearing materials, or “(3) upon the transfer of the bond charges to another bonded smelting or refining warehouse by physical shipment of a quantity of the same kind of metal contained in any product of smelting or refining of metal-bearing materials equal to the dutiable quantity contained in the imported metal-bearing materials less wastage provided for in subsection (c), or “(4) upon the transfer of the bond charges to a bonded customs warehouse other than a bonded smelting or refining warehouse by physical shipment of a quantity of the same kind of metal contained in any product of smelting or refining equal to the dutiable quantity contained in the imported metal-bearing materials less wastage provided for in subsection (c), and upon withdrawal from such other warehouse for exportation or domestic consumption the provisions of this section shall apply, or “(5) upon the transfer to another bonded smelting or refining warehouse without physical shipment of metal of bond charges representing a quantity of dutiable metal contained in imported metal-bearing materials less wastage provided for in subsection (c) of the plant of initial treatment of such materials provided there is on hand at the warehouse to which the transfer is made sufficient like met al in any form to satisfy the transferred bond charges. "(c) For purposes of paragraphs (1), (3), (4), and (5) of subsection (b), due allowances shall be made for wastage of metals other than copper, lead, and zinc, as ascertained from time to time by the Secretary of the Treasury. (d) Upon the exportation of a product of smelting or refining other than refined metal the bond shall be credited with a quantity of metal equivalent to the quantity of metal contained in the product exported less the proportionate part of the deductions allowed for losses in determination of the bond charge being cancelled that would not ordinarily be sustained in production of the specific product exported as ascertained from time to time by the Secretary of the Treasury. “(e) Two or more smelting or refining warehouses may be included under one general bond and the quantities of each kind of metal sub a Definitions. ject to duty on hand at all of such warehouses may be aggregated to “(1) the term ‘metal-bearing materials' means metal-bearing ores and other metal-bearing materials provided for in schedule 6, part 1, of the Tariff Schedules of the United States, 'metal waste and scrap' and 'unwrought metal' to be smelted or refined provided for in schedule 6, part 2, of such schedules, and metal compounds to be processed for the recovery of their metal content; “(2) the term 'smelting or refining' embraces only pyrometallurgical, hydrometallurgical, electrometallurgical, chemical, or other processes (A) for the treatment of metal-bearing materials to reduce the metal content thereof to a metallic state in the course of recovering it in forms which if imported would be classifiable in part 2 of schedule 6 as 'un wrought metal', or in the form of oxides or other compounds which are obtained directly from the treatment of materials provided for in part 1 of schedule 6, and "(B) for the treatment of unwrought metal or metal waste and scrap to remove impurities or undesired components; and “(3) the term 'product of smelting or refining' means metals or metal-bearing materials resulting directly from smelting or refining processes, but does not include metal-bearing ores as defined in part 1 of schedule 6. "(g) Labor performed and services rendered pursuant to this section shall be under the supervision of an officer of the customs, to be appointed by the Secretary of the Treasury and at the expense of the Rules and regu- manufacturer. The Secretary of the Treasury is authorized to make such rules and regulations as may be necessary to carry out the provisions of this section." Sec. 302. (a) The first sentence of section 4501 (a) of the Internal Revenue Code of 1954 is amended to read as follows: "There is hereby imposed upon manufactured sugar manufactured in the United States, a tax, to be paid by the manufacturer at the rate of 0.53 cent per pound of the total sugars therein." (b) Section 4501(b) of such Code is hereby repealed. Subsection (c) of section 4501 of such Code is redesignated as subsection (b), and such subsection is amended (1) by striking out "manufacture, use, or importation" in the first sentence thereof and inserting in lieu thereof "manufacture or use”; and (2) by striking out "subsection (a) or (b)" in the second sentence thereof and inserting in lieu thereof “subsection (a)"; (c) Section 6418(b) of such Code is amended by striking out"; except that no such payment shall be allowed with respect to any manufactured sugar, or article, upon which, through substitution or otherwise, a drawback of any tax paid under section 4501(b) has been or is to be claimed under any provisions of law made applicable by section 4504”. Repeals. (d) Sections 4504, 4511, 4512, 4513, 4514, 4521, 4531, 4532, 4541, 4542, 4551, 4552, 4553, 4561, 4562, 4571, 4572, 4581, 4582, 4601, 4602, 4603, 6412(d) and 7511 of such Code are hereby repealed and the tables of sections for such Code are correspondingly amended. Sec. 303. (a) Section 1 of the Act of March 2, 1897 (29 Stat. 604), as amended (21 U.S.C. 41), is hereby further amended by changing the 68 A Stat. 533. 26 USC 4501 68 A Stat. 533; 75 Stat. 40. 26 USC 4501. 68 A Stat. 801. 26 USC 64 18. а 26 USC 4504 et seq. 63 Stat. 401. period at the end of the first sentence to a comma, by deleting the second sentence, and by adding the following after such comma: “except as provided in the Tariff Schedules of the United States." (b) Section 602(d) (6) of the Act of June 30, 1949, chapter 288, title VI, as renumbered by Sixty-fourth Statutes at Large, pages 578, 583 (40 U.S.C. 474), is hereby amended by changing the comma following “Strategic and Critical Materials Stock Piling Act” to a semicolon and deleting the remainder thereof. (c) The following provisions are hereby repealed : Act of January Repeals. 9, 1883 (ch. 17, 22 Stat. 402; 19 U.S.C. 193) ; Act of May 18, 1896 (ch. 195, 29 Stat. 122; 19 U.S.C. 194); Act of March 3, 1899 (ch. 454, 30 Stat. 1372; 19 U.S.C. 195); section 1, Act of August 27, 1949 (ch. 517, 63 Stat. 666; 19 U.S.C. 196a); section 11, Act of June 16, 1951 (ch. 141, 65 Stat. 75; 19 U.S.C. 1367); section 2951, Revised Statutes (19 U.S.C. 420); section 206(b), Act of May 28, 1956 (ch. 327, 70 Stat. 200; 7 U.S.C. 1856); Act of August 10, 1956 (ch. 1041, 70A Stat. 137; 10 U.S.C. 2383); and section 161 (1), Act of August 30, 1954 (ch. 1073, 68 Stat. 950; 42 U.S.C. 2201 (1)). TITLE IV-TARIFF TREATMENT OF CUBAN PRODUCTS 65 Stat. 73. 48 Stat. 943. Sec. 401. (a) Cuba is hereby declared to be a nation described in section 5 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1362, relating to imports from nations and areas dominated or controlled by the foreign government or foreign organization controlling the world Communist movement). Articles which are (1) the growth, produce, or manufacture of Cuba, and (2) imported on or after the date of the enactment of this Act, shall be denied the benefits of concessions contained in any trade agreement entered into under the authority of section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351). (b) Nothing in subsection (a) shall affect the rates of duty or the customs or excise treatment of articles the growth, produce, or manufacture of any country other than Cuba. (c) Subsection (a) shall not apply on or after the date on which the President proclaims that he has determined that Cuba is no longer dominated or controlled by the foreign government or foreign organization controlling the world Communist movement. (d) The Act of December 17, 1903 (19 U.S.C. 124, 125), and section 316 of the Tariff Act of 1930, as amended (19 U.S.C. 1316), both relating to the implementation of the treaty with Cuba concluded on December 11, 1902, shall not apply during the period during which subsection (a) applies. 33 Stat. 3. 33 Stat. 2136. TITLE V-EFFECTIVE DATE repeal of Sec. 501. (a) Except as provided in subsection (b), the titles I and II of the Tariff Act of 1930 and the substitution of a new title I therefor, as provided for in title I of this Act, and the provisions Anto, pp. 72, 73. of title III of this Act shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after the 10th day following the date of the proclamation of the President provided for in section 102. The amendment made by section 302 (a) shall become effective on the 10th day following the date of the proclamation of the President provided for in section 102. Approved May 24, 1962. October 11, 1962 (H. R. 11970) Public Law 87-794 AN ACT through international trade agreements and through adjustment assistance to SEC. 257. RELATION TO OTHER LAWS. Ante, p. 74. Ante, p. 75. Post, p. 883. Ante, p. 78. (g) (1) Section 102(1) of the Tariff Classification Act of 1962 is amended by striking out of schedules 1 to 7, inclusive,". (2) Section 203 of the Tariff Classification Act of 1962 is amended to read as follows: “SEC. 203. For purposes of applying sections 323 and 350 of the Tariff Act of 1930, as amended, and the Trade Expansion Act of 1962 with respect to the Tariff Schedules of the United States “(1) The rate of duty in rate column numbered 2 for each item in schedules 1 to 7, inclusive, of the Tariff Schedules of the United States shall be treated as the rate of duty existing on July 1, 1934. “(2) The lowest preferential or nonpreferential rate of duty in rate column numbered 1 for each item in schedules 1 to 7, inclusive, of the Tariff Schedules of the United States on the effective date provided in section 501(a) of this Act shall be treated as the lowest preferential or nonpreferential rate of duty, respectively, existing on July 1, 1962; except that in the case of any such item included in a supplemental report made pursuant to section 101(c) of this Act to reflect a change proclaimed by the President after July 1, 1962 (other than a change to which the United States was committed on July 1, 1962), the rate treated as the lowest nonpreferential rate of duty existing on July 1, 1962, shall be the rate which the Commission specifically declares in such supplemental report to be the rate which, in its judgment, conforms to the fullest extent practicable to the rate regarded as existing on July 1, 1962, under section 256(4) of the Trade Expansion Act of 1962. "(3) Legislation entering into force after the effective date provided for in section 501(a) of this Act which results in the permanent reclassification of any article without specifying the rate of duty applicable thereto, and proclamations under section 202(c) of this Act, shall be considered as having been in effect since June 30, 1962." Ante, p. 73. Proclamation 3548 OF THE UNITED STATES A Proclamation WHEREAS I have caused the Tariff Schedules of the United States to be published in the FEDERAL REGISTER 'in conformity with Section 101 (d) of the Tariff Classification Act of 1962 (P.L. 87-456, 76 Stat. 72); WHEREAS I have taken such action as I deem necessary to bring the United States schedules annexed to foreign trade agreements into conformity with the Tariff Schedules of the United States as provided for in Section 102 of the Tariff Classification Act of 1962, as amended (P.L. 87–456, 76 Stat. 72, as amended by Section 257(g) of P.L. 87– 794, 76 Stat. 882); and WHEREAS I have determined that the rates and provisions proclaimed in paragraph 1 of this proclamation are required or appropriate to carry out foreign trade agreements to which the United States is a party : NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under the authority of the Constitution and statutes, including Section 102 of the Tariff Classification Act of 1962, as amended, do proclaim: 1. The rates of duty in column numbered 1 of Schedules 1 to 8, inclusive (except the rates for the items listed in Annex A which is attached and made a part of this proclamation), and the other provisions of the Tariff Schedules of the United States which relate thereto; 2. The temporary modifications set forth in Part 2 of the Appendix to the Tariff Schedules of the United States; 3. The additional import restrictions set forth in Part 3 of the Appendix to the Tariff Schedules of the United States; and 4. The nations or areas and countries set forth in general headnote 3(d) of the Tariff Schedules of the United States (relating to the treatment of products of certain Communist-dominated nations or areas). The Tariff Schedules of the United States shall become effective as to articles entered, or withdrawn from warehouse, for consumption on or after August 31, 1963. As to articles entered, or withdrawn from warehouse, for consumption on or after August 31, 1963, the provisions of all prior proclamations which provide for customs treatment inconsistent with the Tariff Schedules of the United States are hereby superseded. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. DONE at the City of Washington this twenty-first day of August in the year of our Lord nineteen hundred and sixty-three, (SEAL] and of the Independence of the United States of America the one hundred and eighty-eighth. JOHN F. KENNEDY By the President: GEORGE W. BALL, Acting Secretary of State. |
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