Item 608.89, formerly 608.90, so redesignated, and item 608.90 and article description preceding item 608.91 added by Pub. L. 92-151, § 3(a), (c), Nov. 5, 1971, 85 Stat. 418, to apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after Nov. 5, 1971. PROCLAMATION OF DUTY RATES FOR PLATES AND SHEETS OF IRON OR STEEL; STATUS OF CHANGES; SUPERSEDURE OF STAGED RATES IN ANNEX III TO PROC. No. 3822

Pub. L. 92-151, § 3(b), Nov. 5, 1971, 85 Stat. 418, provided that: "The rates of duty in rate column numbered 1

of the Tariff Schedules of the United States for items 608.89, 608.90, 608.91, and 608.92 (as amended by subsection (a)) shall be treated as not having the status of statutory provisions enacted by the Congress, but as having been proclaimed by the President as being required or appropriate to carry out foreign trade agreements to which the United States is a party. Such rates shall not supersede the staged rates of duties provided for such items in Annex III to Proclamation 3822, dated December 16, 1967, and the reference to item 608.90 in such Annex shall be treated as referring to item 608.89."

915. 25

Articles constituting a bona fide gift from a member of the Armed Forces of the United States serving in a combat zone (within the meaning of section 112(c) of the Internal Revenue Code of 1954) to the extent such articles in any shipment do not exceed $50 in aggregate retail value in the country of shipment and with such limitations on the importation of alcoholic beverages and tobacco products as the Secretary of the Treasury may prescribe, if such articles were purchased in or through authorized agencies of the Armed Forces of the United States or in accordance with regulations prescribed by the Secretary of Defense.

Items 905.30 and 905.31 amended by Pub. L. 92-161, § 1, Nov. 18, 1971, 85 Stat. 485, to apply with respect to articles entered, or withdrawn from warehouse, after Nov. 7, 1971.

Items 907.15, 909.30, and 911.05 repealed by Pub. L. 92-151, § 1(a) (4), Nov. 5, 1971, 85 Stat. 417, eff. July 16, 1971.

Item 907.50 added by Pub. L. 92-587, § 3 (a), (b), Oct. 27, 1972, 86 Stat. 1296, to apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after Oct. 27, 1972.

Item 911.12 amended by Pub. L. 92-44, July 2, 1971, 85 Stat 100, applicable with respect to articles entered, or withdrawn from warehouse, for consumption after June 30, 1971.

Item 915.25 amended by Pub. L. 92-212, § 1 (a), (b), Dec. 22, 1971, 85 Stat. 774, to apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after Jan. 1, 1972.

CAPROLACTAM MONOMER IN WATER SOLUTION; ENTRIES OR WITHDRAWALS AFTER AUG. 15, 1972 AND BEFORE OCT. 27,

1972

Section 3(c) of Pub. L. 92-587, Oct. 27, 1972, 86 Stat. 1296, provided that:

"Upon request therefor filed with the customs officer concerned on or before the ninetieth day after the date of the enactment of this Act [Oct. 27, 1972], the entry or withdrawal of any article

"(1) which was made after August 15, 1972, and before the date of the enactment of this Act [Oct. 27, 1972], and

"(2) with respect to which there would have been no duty if the amendment made by subsection (a) [adding item 907.50 of the Tariff Schedules] applied to such entry or withdrawal, shall, notwithstanding the provisions of section 514 of the Tariff Act of 1930 [section 1514 of this title] or any other provision of law, be liquidated or reliquidated as though such entry or withdrawal had been made on the date of the enactment of this Act [Oct. 27, 1972]."

Subpart C.-Temporary Modifications for Bal-
lane of Payments Purposes

[Terminated by Proc. No. 4098. Dec. 20. 1971. 36 F.R. 24201. eff. with respect to merchandise entered, or withdrawn from warehouse, for consumption on or after Dec. 20. 1971.]

Supart D.-Other Temporary Modifications Subpart D headnotes:

1. This subpart contains temporary modifications of the provisions of the tariff schedules (other than modificaions for balance of payments purposes) proclaimed by the President pursuant to his authority to modify duties as required or appropriate to carry out trade agreements (section 350(a) (1) (B) of the Tariff Act of 1930, as amended, and section 201(a)(2) of the Trade Expansion Act of 1962) and/or pursuant to his authority to terminate proclamations in part (section 350(a) (6) and section 255(b) of such acts, respectively). The rates of duty provided for in this subpart apply only with respect to articles entered during the period specified in the last column.

2. Stainless Steel Flatware Tariff-Rate Quota.(a) The tariff-rate quota with respect to knives, forks and spoons with stainless steel handles, valued under 25 cents each and not over 10.2 inches in over-all length, provided for in items 949.00 through 949.08, was established by the President pursuant to section 350(a)(1)(B) and (a)(6) of the Tariff Act of 1930, as amended, and sections 201 (a) (2) and 255(b) of the Trade Expansion Act of 1962.

(b) The tariff rate quota

(i) shall be allocated among sources of supply and administered on a calendar quarter basis; (ii) may be increased for each calendar quarter in any calendar year commencing with the calendar year 1972, by an increase in the quarterly allocations over the allocations for the last quarter of the immediately preceding calendar year by the percentage (not in excess of 6 percent) which the President determines is the percentage increase in United States consumption of knives, forks and spoons with stainless steel handles during such preceding calendar year over the next preceding calendar year, unless economic conditions in the United States industry producing such articles indicate that a smaller growth rate or no growth rate is warranted; notice of any such increase shall be given by the President to the Secretary of the Treasury and published in the Federal Register; any such increase shall take effect on the first day of the calendar quarter next succeeding the date of such publication and shall remain in effect until further increased under this subparagraph;

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Subpart D headnotes;-Continued

(ii) shall be administered so that if any quantity of a product of a particular source of supply which is permitted to be entered within the tariffrate quota during any calendar quarter is not entered, the differences between the allocation to such source for such quarter and the quantity which was entered and charged against the quota from such source, or 10 percent of such allocation, whichever is the lesser, may be entered during the immediately following calendar quarter; provided that any increased quantity permitted under this subparagraph shall not be considered part of such source's allocation for any quarter;

(iv) shall be administered so that if it becomes effective, or is increased, after the beginning of a calendar quarter, the quantity entitled to enter, or the amount of the increase which may be entered, during the unexpired portion of such quarter as originating from each source of supply shall be the quantity as so effective, or the amount of the increase, for such calendar quarter, less 1/90 thereof for each day that has expired in such quarter;

(v) shall be administered so that each single unit entered in a set shall be counted in determining the number of units entered during any calendar quarter.

(c) As promptly as practicable in each calendar year (beginning with 1972), the Tariff Commission shall determine the apparent United States consumption of knives, forks and spoons with stainless steel handles during the preceding calendar year and shall report such determination to the President. In its first report, the Commission shall also determine the apparent United States consumption of such articles during the calendar year 1970. Knives, forks and spoons; all the foregoing valued under 25 cents each, not over 10.2 inches in overall length; and with stainless steel handles (provided for in items 650.08, 650.10, 650.38, 650.40, 650.54 and, if included in sets, 651.75 of part 3E of schedule 6): For the following aggregate quantities of single units, which are the product of the specified sources of supply and are subject to the rates set forth in rates of duty column numbered 1, entered in any calendar quarter in any calendar year (see headnote 2 of this subpart with respect to possible increases in these quantities)

Japan.

Republic of China.

Republic of Korea.

Hong Kong.

33,000,000

6,300,000

4,800,000

1,500,000

On or before September

30, 1976 unless extended by the Pres1dent.

European

Economic Community (an instrumentality of the Governments of the Kingdom of Belgium. the French Republic, the Federal Republic of Germany, the Republic of Italy, the Grand Duchy of Luxembourg, and the Kingdom of the Netherlands..

United Kingdom.

Other.

1,500,000

600,000

900,000:

949.02

No change.

Subpart C.-Temporary Modifications for Ballane of Payments Purposes

[Terminated by Proc. No. 4098. Dec. 20. 1971. 36 F. R. 24201. eff. with respect to merchandise entered, or withdrawn from warehouse, for consumption on or after Dec. 20. 1971.]

Supart D.-Other Temporary Modifications Subpart D headnotes:

1. This subpart contains temporary modifications of the provisions of the tariff schedules (other than modificaions for balance of payments purposes) proclaimed by the President pursuant to his authority to modify duties as required or appropriate to carry out trade agreements (section 350(a) (1) (B) of the Tariff Act of 1930, as amended, and section 201(a)(2) of the Trade Expansion Act of 1962) and/or pursuant to his authority to terminate proclamations in part (section 350(a) (6) and section 255(b) of such acts, respectively). The rates of duty provided for in this subpart apply only with respect to articles entered during the period specified in the last column.

2. Stainless Steel Flatware Tariff-Rate Quota.(a) The tariff-rate quota with respect to knives, forks and spoons with stainless steel handles, valued under 25 cents each and not over 10.2 inches in over-all length, provided for in items 949.00 through 949.08, was established by the President pursuant to section 350(a)(1)(B) and (a) (6) of the Tariff Act of 1930, as amended, and sections 201 (a) (2) and 255(b) of the Trade Expansion Act of 1962.

(b) The tariff rate quota

(i) shall be allocated among sources of supply and administered on a calendar quarter basis; (ii) may be increased for each calendar quarter in any calendar year commencing with the calendar year 1972, by an increase in the quarterly allocations over the allocations for the last quarter of the immediately preceding calendar year by the percentage (not in excess of 6 percent) which the President determines is the percentage increase in United States consumption of knives, forks and spoons with stainless steel handles during such preceding calendar year over the next preceding calendar year, unless economic conditions in the United States industry producing such articles indicate that a smaller growth rate or no growth rate is warranted; notice of any such increase shall be given by the President to the Secretary of the Treasury and published in the Federal Register; any such increase shall take effect on the first day of the calendar quarter next succeeding the date of such publication and shall remain in effect until further increased under this subparagraph;

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