§ 104. HARMONIZED SYSTEM.
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Definition .— As used in this Act, the term ‘Harmonized System’ means the nomenclature system established under the International Convention on the Harmonized Commodity Description and Coding System (done at Brussels on June 14, 1983 , and the protocol thereto, done at Brussels on June 24, 1986 ) as implemented under United States law. Interim Application of TSUS .— The following apply if the International Convention, and the protocol thereto, referred to in subsection
(a)are not implemented under United States law before the Agreement enters into force: The President, subject to subsection (c), shall proclaim such modifications to the Tariff Schedules of the United States ( 19 U.S.C. 1202 ) as may be necessary to give effect, until such time as such Convention and protocol are so implemented, to the rules of origin, schedule of rate reductions, and other provisions that would, but for the absence of such implementation, be proclaimed under the authority of this Act to, or in terms of, the Harmonized System to implement the obligations of the United States under the Agreement. Until such time as such Convention and protocol are so implemented, any reference in this Act to the nomenclature of such Convention and protocol shall be treated as a reference to the corresponding nomenclature of the Tariff Schedules of the United States as modified under paragraph (1). Restrictions.— No modification described in subsection (b)(1) that is to take effect concurrently with the entry into force of the Agreement may be proclaimed unless the text of the modification is published in the Federal Register at least 30 days before the date of entry into force [ Jan. 1, 1989 ]. All modifications proclaimed under the authority of subsection (b)(1) after the Agreement enters into force with respect to the United States are subject to the consultation and lay-over requirements of section 103(a).
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