U.S. Code » Title 19 » Chapter CHAPTER 18— IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE

19 U.S.C. § 3006

Presidential action on Commission recommendations

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(a) In generalThe President may proclaim modifications, based on the recommendations by the Commission under section 3005 of this title, to the Harmonized Tariff Schedule if the President determines that the modifications—(1) are in conformity with United States obligations under the Convention; and(2) do not run counter to the national economic interest of the United States.(b) Lay-over period(1) The President may proclaim a modification under subsection (a) only after the expiration of the 60-day period beginning on the date on which the President submits a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth the proposed modification and the reasons therefor.(2) The 60-day period referred to in paragraph (1) shall be computed by excluding—(A) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die; and(B) any Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session.(c) Effective date of modifications

Modifications proclaimed by the President under subsection (a) may not take effect before the 30th day after the date on which the text of the proclamation is published in the Federal Register.

(Pub. L. 100–418, title I, § 1206, Aug. 23, 1988, 102 Stat. 1151; Pub. L. 109–432, div. D, title III, § 3012, Dec. 20, 2006, 120 Stat. 3177.)Editorial NotesReferences in Text

The Harmonized Tariff Schedule, referred to in subsec. (a), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Amendments

2006—Subsec. (c). Pub. L. 109–432 substituted “30th” for “15th”.

Executive DocumentsDelegation of Authority

Memorandum of President of the United States, Dec. 12, 1991, 56 F.R. 65413, provided:

Memorandum for the United States Trade Representative

By virtue of the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code and the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418) (“the Act”) [see Tables for classification], you are hereby delegated the functions vested in me by section 1206(b) of the Act (19 U.S.C. 3006(b)), to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate reports that set forth proposed modifications to the Harmonized Tariff Schedule [see 19 U.S.C. 1202] and the reasons therefor.

The President shall retain the authority under section 1206 of the Act to proclaim modifications to the Harmonized Tariff Schedule after the layover period specified in section 1206(b) has expired.

You are authorized and directed to publish this memorandum in the Federal Register.

George Bush.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2005–2022 · leading case: Michael Simon Design, Inc. v. United States, 609 F.3d 1335 (Fed. Cir. 2010).
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Michael Simon Design, Inc. v. United States, 609 F.3d 1335 (Fed. Cir. 2010). · cites it 10× “Specifically, 19 U.S.C. § 3006 (a) provides as follows: The President may proclaim modifications, based on the recommendations by the Commission under section 3005 of this title, to the Harmonized Tariff Schedule if the President determines that the modifications-— (1) are in…”
ClearCorrect Operating, LLC v. Int'l Trade Comm'n, 810 F.3d 1283 (Fed. Cir. 2015). · cites it 2× “1151 , codified at 19 U.S.C. § 3006 . While this schedule included a heading for electrical energy, it specifically removed it from the purview of section 484 of the Tariff Act of 1930 and placed its regulation purely in the hands of the Secretary of the Treasury.”
Cummins Inc. v. United States, 377 F. Supp. 2d 1365 (Ct. Intl. Trade 2005). “19 U.S.C. § 3006 . Lastly, Congress authorized the Treasury Department, Commerce Department, and the International Trade Commission to establish procedures to ensure “that the dispute settlement provisions and other relevant procedures available under the Convention are utilized…”
Michael Simon Design, Inc. v. United States, 637 F. Supp. 2d 1218 (Ct. Intl. Trade 2009). · cites it 2× “3 19 U.S.C. § 3006 (a). The President may proclaim a modification to the HTSUS only after the expiration of a period of sixty legislative days, which begins on the date that the President submits a report to the U.”
Usp Holdings, Inc. v. United States, 36 F.4th 1359 (Fed. Cir. 2022). “at 1336, 1339–40; 19 U.S.C. § 3006 (a) (“The President may proclaim modifi- cations, based on the recommendations by the Commission .”
Usp Holdings, Inc. v. United States (Fed. Cir. 2022). “at 1336, 1339–40; 19 U.S.C. § 3006 (a) (“The President may proclaim modifi- cations, based on the recommendations by the Commission .”
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