IMPLEMENTATION OF NAIROBI PROTOCOL.

SEC. 1121. IMPLEMENTATION OF NAIROBI PROTOCOL. (a) Purpose and Reference.— (1) The purpose of this section is— (A) to provide for the implementation by the United States of the Protocol (S. Treaty Doc. 97–2, 9; hereafter referred to in this section as the “Nairobi Protocol”) to the Agreement on the Importation of Educational, Scientific, and Cultural Materials (17 UST (pt. 2) 1835; commonly known as the “Florence Agreement”); (B) to clarify or modify the duty-free treatment accorded under the Educational, Scientific, and Cultural Materials Importation Act of 1982 (Public Law 97–446, 96 Stat. 2346–2349), the Educational, Scientific, and Cultural Materials Importation Act of 1966 (Public Law 89–65, 80 Stat. 897 et seq.), and Public Law 89–634 (80 Stat. 879); and (C) to continue the safeguard provisions concerning certain imported articles provided for in the Educational, Scientific, and Cultural Materials Importation Act of 1982. (2) Whenever an amendment or repeal in this section is expressed in terms of an amendment to, or repeal of, an item, headnote, Appendix, or other provision, the reference shall be considered to be made to an item, headnote, Appendix, or other provision of the Tariff Schedules of the United States. (b) Repeal of the Educational, Scientific, and Cultural Mate-rials Importation Act of 1982.— The Educational, Scientific, and Cultural Materials Importation Act of 1982 is hereby repealed. (c) Treatment of Printed Matter and Certain Other Articles.— (1) Items 270.45 and 270.50 are redesignated as items 270.46 and 270.48, respectively. (2) Part 5 of schedule 2 is amended— (A) by inserting in numerical sequence the following new item: 102 STAT. 1139 “ 270.90 Catalogs of films, recordings, or other visual and auditory material of an educational, scientific, or cultural character Free Free ”, and (B) by striking out items 273.45, 273.50, and 273.55 and the superior heading thereto and inserting in lieu thereof the following new item having the same degree of indentation as item 273.35: “ 273.52 Architectural, engineering, industrial, or commercial drawings and plans, whether originals or reproduction Free Free ”, (3) (A) The superior heading to items 274.50, 274.60, 274.65, and 274.70 is amended by inserting “(including developed photographic film; photographic slides; transparencies; holograms for laser projection; and microfilm, microfiches and similar articles except those provided for in item 737.52)” after “Photographs”. (B) Part 5 of schedule 2 is amended by inserting in numerical sequence the following new items under the superior heading “Printed not over 20 years at time of importation:”, and before, and with the same degree of indentation as, “Lithographs on paper”: “ 274.55 Loose illustrations, reproduction proofs or reproduction films used for the production of books Free Free 274.56 Articles provided for in items 270.05, 270.10, 270.25, 270.55, 270.63, 270.70, and 273.60 in the form of microfilm, micro-fiches, and similar film media Free Free ” (C) Subpart D of part 5 of schedule 7 is amended by striking out item 735.20 and inserting in lieu thereof the following new items with a superior heading having the same degree of indentation as item 735.18: “ Puzzles; game, sport, gymnastic, athletic, or play-ground equipment; all the foregoing, and parts thereof, not specially provided for: 735.21 Crossword puzzle books, whether or not in the form of microfilm, microfiches, or similar film media Free Free 735.24 Other 5.52% ad val. 40% ad val. ” 102 STAT. 1140 (D) Item 737.52 is amended by inserting “(whether or not in the form of microfilm, microfiches, or similar film media)” after “Toy books”. (E) Item 830.00 is amended by inserting “; official government publications in the form of microfilm, microfiches, or similar film media” after “not developed”. (F) Item 840.00 is amended by inserting “, whether or not in the form of microfilm, microfiches, or similar film media” after “documents”. (d) Visual and Auditory Material.— (1) Headnote 1 to part 7 of schedule 8 is amended to read as follows: “1. (a) No article shall be exempted from duty under item 870.30 unless either— “(i) a Federal agency (or agencies) designated by the President determines that such article is visual or auditory material of an educational, scientific, or cultural character within the meaning of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, or Cultural Character (17 UST (pt. 2) 1578; Beirut Agreement), or “(ii) such article— “(A) is imported by, or certified by the importer to be for the use of, any public or private institution or association approved as educational, scientific, or cultural by a Federal agency or agencies designated by the President for the purpose of duty-free admission pursuant to the Nairobi Protocol to the Florence Agreement, and “(B) is certified by the importer to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations or any of its specialized agencies. For purposes of subparagraph (i), whenever the President determines that there is, or may be, profitmaking exhibition or use of articles described in item 870.30 which interferes significantly (or threatens to interfere significantly) with domestic production of similar articles, he may prescribe regulations imposing restrictions on the entry under that item of such foreign articles to insure that they will be exhibited or used only for nonprofitmaking purposes. “(b) For purposes of items 870.32 through 870.35, inclusive, no article shall be exempted from duty unless it meets the criteria set forth in subparagraphs (a)(ii) (A) and (B) of this headnote.”. (2) Item 870.30 is amended— (A) by inserting “(except toy models)” after “models”, and (B) by striking out “headnote 1” and inserting in lieu thereof “headnote 1(a)”. (3) Part 7 of schedule 8 is amended by inserting in numerical sequence the following new items with a superior heading at the same degree of indentation as item 870.30: “ Articles determined to be visual or auditory materials in accordance with headnote 1 of this part: 102 STAT. 1141 870.32 Holograms for laser projection; microfilm, microfiches, and similar articles Free Free 870.33 Motion-picture films in any form on which pictures, or sound and pictures, have been recorded, whether or not developed Free Free 870.34 Sound recordings, combination sound and visual recordings, and magnetic recordings; video discs, video tapes, and similar articles Free Free 870.35 Patterns and wall charts; globes; mock-ups or visualizations of abstract concepts such as molecular structures or mathematical formulae; materials for programmed instruction; and kits containing printed materials and audio materials and visual materials or any combination of two or more of the foregoing Free Free ”, (e) Tools for Scientific Instruments or Apparatus.— Part 4 of schedule 8 is amended by inserting in numerical sequence the following new item having the same degree of indentation as item 852.20: “ 851.67 Tools specially designed to be used for the maintenance, checking, gauging or repair of scientific instruments or apparatus admitted under item 851.60 Free Free ”, (f) Articles for the Blind and for Other Handicapped Persons.— (1) Subpart D of part 2 of schedule 8 is amended by striking out items 825.00,826.10, and 826.20. (2) The headnotes to part 7 of schedule 8 are amended—(A) by adding at the end thereof the following new head-note: “4. (a) For purposes of items 870.65, 870.66, and 870.67, the term ‘blind or other physically or mentally handicapped persons’ includes any person suffering from a permanent or chronic physical or mental impairment which substantially limits one or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. “(b) Items 870.65, 870.66, and 870.67 do not cover— “(i) articles for acute or transient disability; 102 STAT. 1142 “(ii) spectacles, dentures, and cosmetic articles for individuals not substantially disabled; “(iii) therapeutic and diagnostic articles; or “(iv) medicine or drugs.”. (3) Part 7 of schedule 8 is amended by inserting in numerical sequence the following new items with a superior heading having the same degree of indentation as item 870.45: “ Articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons: Articles for the blind: 870.65 Books, music, and pamphlets, in raised print, used exclusively by or for them Free Free 870.66 Braille tablets, cubarithms, and special apparatus, machines, presses, and types for their use or benefit exclusively Free Free 870.67 Other Free Free ” (g) Authority to Limit Certain Duty-Free Treatment.— (1) (A) The President may proclaim changes in the Tariff Schedules of the United States to narrow the scope of, place conditions upon, or otherwise eliminate the duty-free treatment accorded by reason of the amendments made by subsection (e) or (f) with respect to any type of article the duty-free treatment of which has significant adverse impact on a domestic industry (or portion thereof) manufacturing or producing a like or directly competitive article, if the effect of such change is consistent with the provisions of the relevant annexes of the Florence Agreement or the Nairobi Protocol. (B) If the President proclaims changes to the Tariff Schedules of the United States under subparagraph (A), the rate of duty thereafter applicable to any article which is— (i) affected by such action, and (ii) imported from any source, shall be the rate determined and proclaimed by the President as the rate which would then be applicable to such article from such source if this section had not been enacted. (2) If the President determines that any duty-free treatment which is no longer in effect because of action taken under paragraph (1) could be restored, in whole or in part, without a resumption of significant adverse impact on a domestic industry or portion thereof, the President may proclaim changes to the Tariff Schedules of the United States to resume such duty-free treatment. (3) Before taking any action under paragraph (1) or (2), the President shall afford an opportunity for interested Government agencies and private persons to present their views concerning the proposed action. 102 STAT. 1143 (4) Any action in effect or any proceeding in progress under section 166 of the Educational, Scientific, and Cultural Mate-rials Importation Act of 1982 on the day that Act is repealed shall be considered as an action or proceeding under this section and shall be continued or resumed under this section. (h) Authority To Expand Certain Duty-Free Treatment Ac-corded by Reason of Subsection (d).— (1) If the President determines such action to be in the interest of the United States, the President may proclaim changes to the Tariff Schedules of the United States in order to remove or modify any condition or restriction imposed under headnote 1 to part 7 of schedule 8 (as amended by subsection (d) of this section) of such Schedules, on the importation of articles provided for in items 870.30 through 870.35, inclusive (except as to articles entered under the terms of headnote l(a)(i) to part 7 of schedule 8) of such Schedules, in order to implement the provisions of annex C–l of the Nairobi Protocol. (2) Any change to the Tariff Schedules of the United States proclaimed under paragraph (1) shall be effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date that is 15 days after the date on which the President proclaims such change. (i) Statistical Information.— In order to implement effectively the provisions of subsection (g), the Secretary of the Treasury, in conjunction with the Secretary of Commerce, shall take such actions as are necessary to obtain adequate statistical information with respect to articles to which amendments made by subsection (c) apply, in such detail and for such period as the Secretaries consider necessary. (j) Effective Date.— (1) The provisions of this section, and the repeal and amendments made by this section, shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the later of— (A) October 1, 1988, or (B) the date that is 15 days after the deposit of the United States ratification of the Nairobi Protocol. (2) Notwithstanding section 514 of the Tariff Act of 1930 or any other provision of law, upon request filed with the appropriate customs officer on or before the date that is 180 days after the later of the dates described in subparagraphs (A) and (B) of paragraph (1), any entry, or withdrawal from warehouse, of any article— (A) which was made on or after August 12, 1985, and before such later date, and (B) with respect to which there would have been no duty if the provisions of this section, or any amendments made by this section, applied to such entry or withdrawal, shall be liquidated or reliquidated as though such entry or withdrawal had been made on or after such later date.