Pub. L. 100-418, tit. I, subtit. D, pt. 3, sec. 1428

IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS.

EnactedYear: 1988Length: 845 wordsOfficial source
SEC. 1428. IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS. (a) Negotiations.— (1) The President shall— (A) undertake negotiations necessary to achieve changes in the General Agreement on Tariffs and Trade that would allow any country to impose a small uniform fee of not more than 0.15 percent on all imports to such country for the purpose of using the revenue from such fee to fund programs which directly assist adjustment to import competition, and (B) undertake negotiations with any foreign country that has entered into a free trade agreement with the United States under subtitle A or under section 102 of the Trade Act of 1974 to obtain the consent of such country to the imposition of such a fee by the United States. (2) In the report that is submitted under section 163 of the Trade Act of 1974 for 1989 and 1990, the President shall include a statement on the progress of negotiations conducted under paragraph (1). 102 STAT. 1255 (3) (A) On the first day after the date of enactment of this Act on which the General Agreement on Tariffs and Trade allows any country to impose a fee described in paragraph (1), the President shall submit to the Congress, and publish in the Federal Register, a written statement certifying such allowance. (B) On the first day after the date of enactment of this Act on which any foreign country described in paragraph (1)(B) consents to the imposition of such a fee by the United States, the President shall submit to the Congress, and publish in the Federal Register, a written statement certifying such consent. (4) If— (A) the President does not submit to the Congress the written statement described in paragraph (3)(A) before the date that is 2 years after the date of enactment of this Act, and (B) the President determines on such date that the fee imposed by the amendment made by subsection (b) is not in the national economic interest, the President shall submit to the Congress, and publish in the Federal Register, written notice of such determination on such date. (5) (A) Any disapproval resolution that is introduced in the Senate or House of Representatives within the 90-day period beginning on the date that is 2 years after the date of enactment of this Act shall, for purposes of section 152 of the Trade Act of 1974 (19 U.S.C. 2192), be treated as a joint resolution described in section 152(a)(1)(A) of such Act. (B) For purposes of this part, the term “disapproval resolution” means a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress disapproves of the determination made by the President under section 1428(a)(4)(A) of the Omnibus Trade and Competitiveness Act of 1988.”. (b) Imposition of Fee.— Chapter 5 of title II of the Trade Act of 1974 (19 U.S.C. 2391, et seq.), as amended by the preceding section of this Act, is further amended by adding at the end thereof the following new section: “SEC. 287. IMPOSITION OF ADDITIONAL FEE. “(a) In addition to any other fee imposed by law, there is hereby imposed a fee on all articles entered, or withdrawn from warehouse, for consumption in the customs territory of the United States during any fiscal year. “(b) (1) The rate of the fee imposed by subsection (a) shall be a uniform ad valorem rate proclaimed by the President that is equal to the lesser of— “(A) 0.15 percent, or “(B) the percentage that is sufficient to provide the funding necessary to— “(i) carry out the provisions of chapters 2 and 3, and “(ii) repay any advances made under section 286(e). “(2) The President shall issue a proclamation setting forth the rate of the fee imposed by subsection (a) by no later than the date that is 15 days before the first date on which a fee is imposed under subsection (a). “(3) (A) For each fiscal year succeeding the first fiscal year in which a fee is imposed under subsection (a), the President shall issue 102 STAT. 1256a proclamation adjusting the rate of the fee imposed by subsection (a) during such fiscal year to the ad valorem rate that meets the requirements of paragraph (1) for such fiscal year. “(B) Any proclamation issued under subparagraph (A) for a fiscal year shall be issued at least 30 days before the beginning of such fiscal year. “(c) (1) Except as otherwise provided in this subsection, duty-free treatment provided with respect to any article under any other provision of law shall not prevent the imposition of a fee with respect to such article by subsection (a). “(2) No fee shall be imposed by subsection (a) with respect to— “(A) any article (other than an article provided for in item 870.40, 870.45, 870.50, 870.55, or 870.60 of the Tariff Schedules of the United States) that is treated as duty-free under schedule 8 of the Tariff Schedules of the United States, or “(B) any article which has a value of less than $1,000.”.
Pub. L. 100-418, tit. I, subtit. D, pt. 3, sec. 1428: IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS. | Justis AI