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1976/10/15 HR2177 Duty Exemption for Certain Aircraft Components
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1976/10/15 HR2177 Duty Exemption for Certain Aircraft Components
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The original documents are located in Box 64, folder "10/15/76 HR2177 Duty Exemption for Certain Aircraft Components" of the White House Records Office: Legislation Case Files at the Gerald R. Ford Presidential Library Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Exact duplicates within this folder were not digitized. Digitized from Box 64 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED 8/0/15/76 THE WHITE HOUSE ACTION WASHINGTON Last Day: October 18 October 13, 1976 Posted MEMORANDUM FOR THE PRESIDENT 10/15/76 FROM: JIM CANNON archives SUBJECT: H.R. 2177 - Duty Exemption for Certain 10/15/76 Aircraft Components Attached for your consideration is H.R. 2177, sponsored by Representative Conable. The enrolled bill exempts from duty certain aircraft components and materials installed in aircraft previously exported from the United States and reimported before 1970. A detailed explanation of the provisions of the enrolled bill is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Kilberg) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 2177 at Tab B. S EXECUTIVE OFFICE OF THE PRESIDENT UNITED OFFICE OF MANAGEMENT AND BUDGET STATE WASHINGTON. D.C. 20503 OCT 11 1976 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 2177 - Duty exemption for certain aircraft components Sponsor - Rep. Conable (R) New York Last Day for Action October 18, 1976 - Monday Purpose Exempts from duty certain aircraft components and materials installed in an aircraft previously exported from the United States and reimported before 1970. Agency Recommendations Office of Management and Budget Approval Department of the Treasury No objection Department of Commerce No objection Office of the Special Represen- tative for Trade Negotiations No objection (Informally) Department of State No objection Department of Labor No objection (Informally) Department of Justice Defers to Treasury Discussion This enrolled bill would exempt from the duties assessed on aircraft reimported into the United States the value of any components or materials of United States origin which were installed in the aircraft when it was previously in the United States. This exemption would apply only if the aircraft's value had not been enhanced while it was abroad, if it had been reimported before 1970, and if the customs documents on the reimported aircraft have not been finally reviewed and closed at the time the Act would become effective. Finally, 2 in order to be eligible for the duty exemption which H.R. 2177 would provide, a request would have to be filed with the customs officer concerned within 30 days of enactment. Because of the conditions and restrictions incorporated into H.R. 2177, it has the effect of private relief legislation. It apparently applies to a unique case of a certain British-made aircraft which was ferried into the United States with temporary controls and instrumentation. These temporary controls were replaced by an American-made avionics system and the aircraft was sold to a foreign corporation and exported. Subsequently the aircraft was purchased by an American firm and reimported in 1969. The effect of the bill would be to relieve this American firm, Page Airways, Inc., of liability for the duty assessed on these American made controls--an amount of $27,943.52. The Executive Branch expressed no objection to the legislation in reporting to Congress, on the grounds that it appears equitable to exempt products of the United States from duty when such products are fabricated components of an article previously exported and then reentered, and when the components of United States origin would not have been advanced in value or improved in condition while abroad. Moreover, exemption from duty in this case would be consistent with the duty-free treatment now provided for products of the United States when returned after having been exported and without having been advanced in value. Finally, the concerned agencies take the same position in their attached enrolled bill letters. Paul H. Chein O'Neill Acting Director Enclosures THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 18 Date: October 11 Time: 1006pm FOR ACTION: Bill Seidman oh CC (for information): Paul Leach Jack Marsh Max Friedersdorf for Ed Schmults Bobbie Kilberg en Steve McConahey defer FROM THE STAFF SECRETARY DUE: Date: October 12 Time: 1100am SUBJECT: H.R.2177-Duty exemption for certain aircraft components ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately. For the President ACTION MEMORANDUM WASHINGTON LOG NO.: Date: October 11 Time: 1000pm FOR ACTION: Bill Seidman cc (for information): Paul Leach Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 13 Time: 1100am SUBJECT: H.R.2177-Duty exemption for certain aircraft components ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing object no puz PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon For the Fresident telephone the Staff Secretary immediately. ACTION MEMORANDUM WASHINGTON LOG NO.: 'e: October 11 Time: 1000pm ACTION: Bill Seidman cc (for information): Paul Leach Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 13 Time: 1100am SUBJECT: H.R.2177-Duty exemption for certain aircraft components ACTION REQUESTED: For Necessary Action For Your Recommendations - Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing OK PC1 10/12/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please James M. Cannon For the Fresident telephone the Staff Secretary immediately. A 'ION MEMORANDUM WASHINGTON LOG NO.: D October 11 Time: 1000pm FOR ACTION: Bill Seidman cc (for information): Paul Leach Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 13 Time: 1100am SUBJECT: H.R.2177-Duty exemption for certain aircraft components ACTION REQUESTED: For Necessary Action For Your Recommendations - Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing Recommed approval mef PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Junes M. Cannon For the President telephone the Staff Secretary immediately. ACTI J MEMORANDUM WASHINGTON LOG NO.: Date )ctober 11 Time: 1000pm FOR 'ION: Bill Seidman cc (for information): Paul Leach Jack Marsh Max Friedersdorf Ed Schmults Bobbie Kilberg Steve McConahey FROM THE STAFF SECRETARY DUE: Date: October 13 Time: 1100am SUBJECT: H.R.2177-Duty exemption for certain aircraft components ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply X For Your Comments Draft Remarks REMARKS: please return to judy johnston, ground floor west wing appoir Kelbey 10/12/76 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please Junes V. Cannon For the Fresident telephone the Staff Secretary immediately. OF DEPARTMENT THE 1789 THE TREASURY THE DEPUTY SECRETARY OF THE TREASURY WASHINGTON, D.C. 20220 OCT 7 1976 Director, Office of Management and Budget Executive Office of the President Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Sir: Reference is made to your request for the views of this Department on the enrolled enactment of H.R. 2177, "To exempt from duty certain aircraft components and materials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or improved in condition while abroad." The enrolled enactment exempts from the operation of the Tariff Schedules of the United States certain components of a British-made aircraft imported into the United States on January 20, 1969. It would specifically exempt from duty the value of American-made instrumentation and interior furnishings installed into the aircraft in the United States prior to its exportation to Canada. The enrolled enactment is specifically limited to aircraft entered for consumption before 1970 pursuant to an entry which is unliquidated as of the date of enactment. The enrolled enactment is identical to H.R. 5026, a bill which was introduced in the 93d Congress. In our report to the House Committee on Ways and Means on H.R. 5026, we opposed passage of the bill since it would benefit only a single importer. Consequently, it would grant that importer more favorable treatment than that accorded other importers. However, since both Houses of Congress have determined that the fact situation presented provides a basis for legislative relief, the Depart- ment would have no objection to a recommendation that the enrolled enactment be approved by the President. Sincerely yours, George H. Dixon DEPARTMENT OF COMMERCE GENERAL COUNSEL OF THE UNITED STATES DEPARTMENT OF COMMERCE UNITED STATES OF AMERICA Washington, D.C. 20230 OCT 7 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in reply to your request for the views of this Department concerning H.R. 2177, an enrolled enactment "To exempt from duty certain aircraft components and materials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or improved in condition while abroad." H.R. 2177 would provide duty exemption for components and materials of U.S. origin installed in aircraft in the United States when such air- craft are exported from the United States and reimported without having been advanced in value or improved in condition while abroad. H.R. 2177 would apply only if the aircraft were entered for consumption before 1970 pursuant to an entry which is unliquidated as of the date of enactment of this legislation. H.R. 2177 applies to a unique case in which a used aircraft with U.S. components was purchased abroad and imported into the United States. H.R. 2177 would exempt from duty the U.S. components which had been installed in the plane following a previous importation. The Department of Commerce would have no objection to approval by the President of H.R. 2177. Enactment of this legislation would not involve any expenditure of funds by this Department. Sincerely, REVOLUTION AMERICAN BICENTENNIAL 1776-1976 DEPARTMENT OF STATE X Washington, D.C. 20520 OCT 8 1976 Dear Mr. Lynn: The Secretary has asked me to reply to your communication (Office of Management and Budget Memorandum, dated October 5, signed by Mr. Frey) requesting our views on H.R. 2177, an enrolled bill dealing with the dutiable status of United States components and materials in certain aircraft of foreign manufacture. The Department of State has no objection to the enactment of the proposed legislation from the standpoint of the foreign relations of the United States. We note that certain previously exported aircraft of foreign manu- facture (containing domestically produced components and materials incorporated in the aircraft in the United States prior to exporta- tion) when returned to the United States are subject to duty at full value. Full value includes the value of United States components and materials. The proposed legislation provides that the aircraft covered by the bill would be subject to duty only on the basis of the full value of the plane less the cost of United States components and materials at the time of instal- lation in the United States, including the cost of installation. Sincerely yours, Kenpen Kempton B. Tenkins Acting Assistant Secretary for Congressional Relations ASSISTANT ATTORNEY GENERAL LEGISL ATIVE AFFAIRS Department of Justice Washington, D.C. 20530 October 8, 1976 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: In compliance with your request, I have examined a facsimile of the enrolled bill H.R. 2177, "To exempt from duty certain aircraft components and materials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or improved in condition while abroad." H.R. 2177 provides that certain aircraft previously exported and composed at the time of such exportation, in part, of components and materials which are products of the United States, and which were installed while the aircraft was within the United States, will be dutiable at the regular rate of duty appropriate to such aircraft provided for in item 694.40 of the Tariff Schedule and assessed on the full value of such aircraft less the cost of United States components and materials at the time of installation including the case of such installation. The provisions of H.R. 2177 will only apply this tariff treatment to such aircraft previously exported and returned to the United States without having been advanced in value or improved in condition while abroad and which was entered for consumption before 1970 pursuant to an entry which is unliquidated as of the date of enactment of H.R. 2177. The Department of Justice defers to the Department of the Treasury as to whether this bill should receive Executive approval. MICHAEL M. UHIMANN Assistant Attorney General U.S. DEPARTMENT OF LABOR OFFICE OF THE SECRETARY WASHINGTON OCT 8 1976 Honorable James T. Lynn Director, Office of Management and Budget Executive Office of the President Washington, D. C. 20503 Dear Mr. Lynn: This is in response to your request for the views of the Department of Labor on the enrolled enactment of H.R. 2177, "To exempt from duty certain aircraft components and materials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or improved in condition while abroad." The Department of Labor would have no objection to the President's approval of this measure. Sincerely, Calendar No. 1279 94TH CONGRESS SENATE REPORT 2d Session No. 94-1349 AIRCRAFT COMPONENTS SEPTEMBER 29, 1976.-Ordered to be printed Mr. LONG, from the Committee on Finance, submitted the following REPORT [To accompany H.R. 2177] The Committee on Finance, to which was referred the bill (H.R. 2177) to exempt from duty certain aircraft components and materials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or im- proved in condition while abroad, having considered the same, reports favorably thereon with an amendment, and an amendment to the title and recommends that the bill as amended do pass. DESCRIPTION OF PROVISIONS Section 1 of H.R. 2177 would provide that certain aircraft previously exported and composed at the time of such exportation in part of components and materials which are products of the United States and which were installed while the aircraft was within the United States, will be dutiable at the regular rate of duty appropriate to such aircraft provided for in item 694.40 of the Tariff Schedules and assessed on the full value of such aircraft less the cost of U.S. components and ma- terials at the time of installation including the cost of such installation. The provisions of H.R. 2177 would apply the tariff treatment to such aircraft previously exported and returned to the United States without having been advanced in value or improved in condition while abroad and which was entered for consumption before 1970 pursuant to an entry which is unliquidated as of the date of enactment of H.R. 2177. As reported, the provisions of H.R. 2177 would require that an ap- propriate request for liquidation of any entry under the bill must be filed on or before the 30th day after date of enactment. (1) 3 2 Section 2 of H.R. 2177, as amended, contains a second Committee sequently, the aircraft was purchased by an American firm and amendment relating to the present system of classification under the reimported. Tariff Schedules of the United States (TSUS) of certain imports of It is claimed that such reimportation involving an article pre- fabrics and apparel composed of blends of cotton and man-made fiber. viously exported from the United States and not advanced in value Under present law, imports of fabrics and apparel composed of blends abroad should have been permitted duty-free entry under item 800.00 of cotton and man-made fibers are classified according to the chief of the tariff schedules. Such duty-free entry was denied by the Bu- reau of Customs. The Bureau also ruled that the instrumentation of value of their components. The Committee amendment would amend the General Headnote of the TSUS to provide that such imports would American manufacture could not be separately identified and granted duty-free treatment under item 800.00. be classified according to the chief weight of their components. Public hearings were held by the Committee on Finance on Section 3 of H.R. 2177, as reported, contains a Committee amend- ment relating to the categories of countries currently excluded from August 24, 1976, on tax and tariff bills. During these hearings, no treatment as beneficiary developing countries under the Generalized objections to the aircraft components provisions of this bill from the System of Preferences under the Trade Act of 1974 (Public Law 93- Administration or any other source. Section 2. Under the headnotes to Part 3 of Schedule 3 of the Tariff 618). The Committee amendment would provide that countries which Schedules of the United States, the import duty on fabrics which are are members of the Organization of Petroleum Exporting Countries a blend of cotton and man-made fibers is determined on the basis of the (or any other producing-country arrangement) and which did not component of the blend which is of chief value. Thus, with a blended participate in the oil embargo or withhold supplies of vital commodity fabric containing 50% cotton and 50% man-made fiber, the fabric or resources from international trade may be designated beneficiary developing countries eligible for preferential tariff treatment. The garment will be entered with a duty reflecting the component with a greater value. In such a blend, if the cotton is more valuable, the amendment would also provide that any country which, in the future, blended fabric or garment would be entered at the applicable rate of participates in an embargo would be automatically removed from eligibility for preferential treatment in the U.S. market. duty on cotton. In general, the duties on man-made fabrics and gar- ments are roughly double the duties on similar cotton fabrics and GENERAL STATEMENT garments. Because the price of cotton has risen dramatically in the last year Section 1.-Headnote 1 of part 1 (articles exported and returned and the price of man-made fibers has remained relatively steady, the of schedule 8 of the Tariff Schedules of the United States provides value of cotton by weight now exceeds the value of man made fibers by that "in the absence of a specific provision to the contrary, the weight. As a result of the reversal in value ratios of cotton to man- tariff status of an article is not affected by the fact it was previously made fibers, textile articles imported into the United States have imported into the customs territory of the United States and cleared are now dutiable at the lower rates applicable to cotton. through customs whether or not a duty was paid upon such previous The amendment is intended to restore the duty treatment in effect importation". Subpart A of part 1 of schedule 8 subsequently sets forth prior to the price rise in cotton. a number of specific provisions (item numbers 800.00 through 802.40) The Committee also believes that the chief value method of clas- under which articles previously exported may be imported free of duty sifying blends has many difficulties. Sharp fluctuations in the prices of if not advanced in value or improved in condition while abroad. For materials may have the effect unilateral changes in the rates of duty example, item 800.00 provides that "products of the United States charged. Chief value depends, for example, on the place and time of when returned after having been exported, without having been purchase, as well as prices and grades of fibers. The amendment re- advanced in value or improved in condition by an process of manu- moves much of the classification difficulty by providing for a chief facture or other means while abroad" may enter free of duty. weight, rather than a chief value, tariff assessment. H.R. 2177 as reported would provide for an exemption from duty Enactment of the amendment does not change the rates of tariff for certain aircraft components and materials installed in aircraft pre- imposed by the Tariff Schedules of the United States, but reclassifies viously exported from the United States where the aircraft is returned the products subject to those duties. The Committee notes that at the without having been advanced in value or improved in condition while time when the current duty rates were established by the Congress, abroad. the value of polyester staple in foreign countries exceeded cotton's Although of possible broader implications as originally introduced value many times over. Consequently, polyester/cotton textiles would in the House, the bill involves the entry of a foreign aircraft which have been chief value of polyester if only a fraction of the blend were was imported into the United States and the appropriate duties were polyester. The Committee believes this amendment will restore the paid. This original duty paid entry of the aircraft involved ferrying it rates of duty to levels which existed prior to the unanticipated price to the United States with temporary instrumentation and controls. advance of cotton. These temporary controls were removed and replaced by avionics sys- Enactment of the proposed legislation would change tariff classi- tems and other equipment and furnishings of American manufacture. fication at the present time for relatively few products since most The aircraft was then sold to a foreign corporation and exported. Sub- imported polyester/cotton blends are a 65/35 percentage by weight ratio polyester/cotton and these products would continue to be sub- ject to the rate of duty applicable to man-made fiber textiles. However, 4 5 it is anticipated that in the future as much as 30 percent of imported e. Countries which do not eliminate reverse preferences by apparel will be polyester/cotton blends in chief value of cotton be- January 1, 1976, or do not take steps to assure that such prefer- cause of increasing cotton/prices and relatively stable polyester prices. ences do not have a significant adverse effect on U.S. commerce If this amendment is not passed, the duties on polyester/cotton by January 1, 1976. blended apparel would, in effect, be cut in half. As a consequence, a f. Countries which do not recognize arbitral awards to U.S. large portion of the U.S. apparel industry, already seriously affected citizens issued by arbitral bodies to which the parties have sub- by imports could be wiped out. mitted their dispute. Section 3. Section 3 is a Committee amendment amending section In the case of items d., e. and f., the President may make an excep- (b) of the Trade Act of 1974. Title V of that Act authorizes tion for particular countries when he deems it to be in the national the President to extend duty-free treatment to certain eligible products economic interest and reports such determination to Congress. imported into the United States from beneficiary developing countries The Committee amendment would delete from Section 502(b) (2) for a 10-year period. The essential features of the program are as of the Trade Act of 1974 all references to price increases or serious follows: disruption of the world economy. The effect of the committee amend- -The President is authhorized to extend duty free treatment to ment is to draw a distinction between OPEC countries or countries specified products imported from developing countries; belonging to similar arrangements which withhold supplies of vital -The President designates beneficiary developing countries; 26 commodity resources from international trade and certain other coun- countries are expressly excluded; tries which do not participate in such actions. Countries which with- -Eligible articles must be imported directly from the developing held supplies during the oil embargo in 1973 would still not be eligible country; the value added in that country must be at least a mini- for tariff preferences, whereas countries which did not participate in mum percentage (35%) of the value of the article, except in those the embargo would become eligible to be designated by the President cases where the country is a member of a free trade association as of September 1, 1976. in which case the local content from two or more associated Countries which are members of OPEC but which apparently did countries must be 50% not embargo the United States during the oil embargo include Iran, -Articles subject to import relief or national security relief actions Indonesia, Ecuador, Venezuela, and Nigeria. are excluded; The amendment also would require that a country which is a mem- -Articles imported from any one country are excluded if the im- ber of a cartel and in the future withholds supplies of vital materials ports of the article from that country exceed $25 million or 50% from the world economy be removed from the list of beneficiary devel- of total U.S. imports of that article, with certain limited excep- oping countries. tions; The Administration strongly supports the changes in the General- -The system will be reviewed in a report to Congress after five ized System of Preferences embodied in section 3 of the bill. years and will expire after ten years. Present law excludes countries within the following categories from COSTS OF CARRYING OUT THE BILL AND EFFECT ON THE REVENUES eligibility to receive generalized preferences: OF THE BILL a. All communist countries, except those which receive MFN treatment, which are members of the GATT and the IMF, and In compliance with section 252 (a) of the Legislative Reorganization which are not dominated by international communism. Act of 1970, the following statement is made relative to the costs to b. Any country which is a member of OPEC or has entered be incurred in carrying out this bill and the effect on the revenues of into any other cartel-type arrangement, and acts to withhold sup- the bill. The Committee estimates that the tariff change with respect plies of vital materials or to charge a monopolistic price which to certain aircraft components and materials curtail a customs revenue creates serious disequilibrium in the world economy. Countries loss on a one-time basis of not more than $24,640 in 1976. There will which are members of such cartels or OPEC and which act to be some loss of revenues as a result of the amendment dealing with withhold supplies or charge unreasonable prices may qualify OPEC nations but the amount is not believed to be large and depends for preferential treatment in the U.S. market if they entered into on Presidential action. The amendment relating to textile fibers will an agreement with the United States or an agreement to which increase customs revenues by an undetermined amount. the United States is a party, which assures U.S. access to essential articles at reasonable prices. VOTE OF COMMITTEE IN REPORTING THE BILL c. Any country which has expropriated the property of a U.S. national without provision for prompt, adequate, and effective In compliance with section 133 of the Legislative Reorganization compensation or without submitting the dispute to arbitration or Act, as amended, the following statement is made relative to the vote carrying on good-faith negtiations. of the committee on reporting the bill. This bill was ordered favorably d. Any country which has not taken adequate steps to cooperate reported by the committee without a roll call vote and without with the United States to prevent narcotics and other controlled objection. substances from unlawfully entering the United States. 6 7 CHANGES IN EXISTING LAW developing country under this section- In addition, the President shall not designate any country a beneficiary In compliance with subsection (4) of Rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as re- (1) if such country is a Communist country, unless (A) the ported, are shown as follows (existing law proposed to be omitted is products of such country receive nondiscriminatory treatment, (B) such country is a contracting party to the General Agreement enclosed in black brackets, new matter is printed in italic, existing on Tariffs and Trade and a member of the International Mone- law in which no change is proposed is shown in roman) : tary Fund, and (C) such country is not dominated or controlled by international communism; TARIFF SCHEDULES OF THE UNITED STATES (2) if such country is a member of the Organization of Petro- * * * * leum Exporting Countries, or a party to any other arrangement of foreign countries, and such country [participates] participates SCHEDULE 3.-TEXTILE FIBERS AND TEXTILE PRODUCTS or has participated in any action pursuant to such arrangement the effect of which is to withhold supplies of vital commodity re- * sources from international trade [or to raise the price of such com- modities to an unreasonable level and to cause serious disruption Schedule 3 headnotes: of the world economy; withhold supplies of vital commodity re- * sources from international trade or to raise the price of such com- modities to an unreasonable level which causes serious disruption 8. Notwithstanding any other provision of law, for the purposes of of the world economy ; the tariff schedules an article to which this schedule applies, 90 per- * cent or more of the total fiber content of which consists, by weight, of cotton and man-made fibers— (a) shall "be treated as if it were in chief value of cotton if 65 percent or more of the total fiber content of the article con- sists, by weight, of cotton (whether the article is in chief value of cotton or not), and (b) shall be treated as if it were in chief value of man-made fiber if less than 65 percent of the total fiber content of the article consists by weight, of cotton (whether the article is in chief value of man-made fiber or not). TRADE ACT OF 1974 * TITLE V-GENERALIZED SYSTEM OF PREFERENCES * SEC. 502. BENEFICIARY DEVELOPING COUNTRY.- * (b) No designation shall be made under this section with respect to any of the following: Australia Japan Austria Monaco Canada New Zealand Czechoslovakia Norway European Economic Commu- Poland nity member states Republic of South Africa Finland Sweden Germany (East) Switzerland Hungary Union of Soviet Socialist Iceland Republics 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 2d Session No. 94-1060 EXEMPTION FROM DUTY OF CERTAIN COMPONENTS AND MATERIALS INSTALLED IN AIRCRAFT PREVI- OUSLY EXPORTED FROM THE UNITED STATES APRIL 29, 1976.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ULLMAN, from the Committee on Ways and Means, submitted the following REPORT [To accompany H.R. 2177] The Committee on Ways and Means, to whom was referred the bill (H.R. 2177) to amend the Tariff Schedules of the United States to provide for a partial exemption from duty for articles previously ex- ported from the United States composed in part of fabricated com- ponents the products of the United States, when returned after hav- ing been exported, without having been advanced in value or improved in condition while abroad, having considered the same, report favor- ably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Strike out all after the enacting clause and insert in lieu thereof the following: "That in the case of any aircraft which— (1) was previously exported from the United States, (2) was composed, at the time of such exportation, in part of components and materials which are products of the United States and which were installed- (A) while such aircraft was within the United States, and (B) after such aircraft was operational, (3) is returned to the United States after being SO exported without hav- ing been advanced in value or improved in condition by any process of manu- facture or other means while abroad, and (4) was entered for consumption before 1970 pursuant to an entry which is unliquidated as of the date of the enactment of this Act, the rate of duty provided for in item 694.40 of the Tariff Schedules of the United States (19 U.S.C. 1202) on the date of such entry shall, notwithstanding any other provision of law, be assessed upon the full value of such aircraft less the value of such components and materials. For the purposes of this Act, the value of any such component or material is the cost of such component or material at the time of installation in the aircraft plus the cost of such installation. 57-006 2 3 SEC. 2. No entry may be liquidated as provided for in the first section of this original duty-paid entry of the aircraft involved ferrying it to the Act unless request therefor is filed with the customs officer concerned on or before United States with temporary instrumentation and controls. These the thirtieth day after the date of the enactment of this Act. temporary controls were removed and replaced by avionics systems Amend the title SO as to read : and other equipment and furnishings of American manufacture. The A bill to exempt from duty certain aircraft components and materials installed aircraft was then sold to a foreign corporation and exported. Subse- in aircraft previously exported from the United States where the aircraft is quently, the aircraft was purchased by an American firm and returned without having been advanced in value or improved in condition while reimported. abroad. It is claimed that such reimportation involving an article pre- DESCRIPTION OF PROVISIONS viously exported from the United States and not advanced in value abroad should have been permitted duty-free entry under item 800.00 Section 1 of H.R. 2177 as reported would provide that certain of the tariff schedules. Such duty-free entry was denied by the Bu- aircraft previously exported and composed at the time of such expor- reau of Customs. The Bureau also ruled that the instrumentation of tation in part of components and materials which are products of the American manufacture could not be separately identified and granted United States and which were installed while the aircraft was within duty-free treatment under item 800.00. the United States, will be dutiable at the regular rate of duty appro- H.R. 2177 as originally introduced would have made a permanent priate to such aircraft provided for in item 694.40 of the Tariff Sched- change in the Tariff Schedules permitting a partial exemption from ules and assessed on the full value of such aircraft less the cost of duty on articles which are composed in part of U.S. components and U.S. components and materials at the time of installation including which have been exported from the United States but later returned the cost of such installation. to the United States without having been advanced in value while As reported, the provisions of H.R. 2177 would apply the tariff abroad. treatment to such aircraft previously exported and returned to the Your Committee in considering the equities involved in entries of United States without having been advanced in value or improved this type concludes that the payment of duty on U.S. components and in condition while abroad and which was entered for consumption materials which are assembled into foreign articles while such articles before 1970 pursuant to an entry which is unliquidated as of the date are in the United States serves no purpose. However, the Committee of enactment of H.R. 2177. also concludes that an amendment to the Tariff Schedules generally Section 2 of H.R. 2177, as reported would require that an appro- covering such entries would be unwise in the light of tariff avoidance priate request for liquidation of any entry under the bill must be filed practices that might develop. on or before the 30th day after date of enactment. Therefore, the Committee amended the bill to provide that only cer- tain aircraft previously exported, and composed at the time of such GENERAL STATEMENT exportation in part of components and materials installed in the Headnote 1 of part 1 (articles exported and returned) of schedule United States which are products of the United States, will be duti- 8 of the Tariff Schedules of the United States provides that "in the able at the regular rate of duty provided for in item 694.40 of the absence of a specific provision to the contrary, the tariff status of an Tariff Schedules but assessed upon the full value of such aircraft less article is not affected by the fact it was previously imported into the the cost of such components and materials at the time of installation customs territory of the United States and cleared through customs including the cost of such installation. whether or not a duty was paid upon such previous importation". The Departments of the Treasury, State and Commerce and the Subpart A of part 1 of schedule 8 subsequently sets forth a number Office of the Special Representative for Trade Negotiations reported of specific provisions (item numbers 800.00 through 802.40) under no objections to the enactment of the bill as reported. Public hearings were held by the Subcommittee on Trade of the which articles previously exported may be imported free of duty if Committee on Ways and Means on February 19 and 20, 1976, on duty- not advanced in value or improved in condition while abroad. For free entry and temporary duty suspension bills. No objections to this example, item 800.00 provides that "products of the United States legislation have been received by the committee from any source. A when returned after having been exported, without having been similar bill was reported to the House in the 92nd Congress. The advanced in value or improved in condition by any process of manu- House did not take action on the bill. facture or other means while abroad" may enter free of duty. Your committee believes that under the time limitation and other H.R. 2177 as reported would provide for an exemption from duty safeguards provided in the bill, as amended, that the exemption from for certain aircraft components and materials installed in aircraft pre- duty provided in H.R. 2177, is meritorious. Your committee is unan- viously exported from the United States where the aircraft is returned imous in recommending enactment of H.R. 2177. without having been advanced in value or improved in condition while abroad. EFFECT OF THE BILL ON THE REVENUE AND VOTE OF THE COMMITTEE Although of possible broader implications as originally introduced, the bill involves the entry of a foreign aircraft which was imported In compliance with clause 7 of Rule XIII of the Rules of the House into the United States and the appropriate duties were paid. This of Representatives, the following statement is made relative to the H.R. 1060 H.R. 1060 4 effect on the revenues of this bill. Based on the known entries of air- craft to which H.R. 2177 would be applicable, the customs revenue loss on a one-time basis would be no more than $24,640 in 1976. In compliance with clause 2(1) (2) (B) of Rule XI of the Rules of the House of Representatives, the following statement is made with respect to the vote by the Committee on the motion to report the bill. This bill was unanimously ordered favorably reported as amended by the Committee. OTHER MATTERS REQUIRED TO BE DISCUSSED UNDER HOUSE RULES In compliance with clauses 2 (1) (3) and 2 (1) (4) of Rule XI of the Rules of the House of Representatives, the following statements are made. With regard to subdivision (A) of clause 3 relating to oversight findings, your committee advises that in its review of the special circumstances with respect to certain aircraft components and mate- rials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or improved in condition while abroad, it concluded it would be desir- able to exempt from duty certain articles covered by this bill, by reason of the considerations outlined above in the General Statement. With regard to subdivision (B) of clause 3, the Committee advises the bill involves no new budgetary authority or new increased tax expenditures. With respect to subdivisions (C) and (D) of clause 3, the Com- mittee advises that the Director of the Congressional Budget Office concurs in the estimate of a one-time customs revenue loss affected by this bill. The Committee on Government Operations has submitted no oversight findings or recommendations with respect to the subject matter contained in the bill. In compliance with clause (2) (1) (4) of Rule XI, the Committee states that this bill would not have an inflationary impact on prices and costs in the operation of the general economy. H.R. 1060 H.R. 2177 Ainety-fourth Congress of the United States of America AT THE SECOND SESSION Begun and held at the City of Washington on Monday, the nineteenth day of January, one thousand nine hundred and seventy-six An Act To exempt from duty certain aircraft components and materials installed in aircraft previously exported from the United States where the aircraft is returned without having been advanced in value or improved in condition while abroad. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in the case of any aircraft which- (1) was previously exported from the United States, (2) was composed, at the time of such exportation in part of components and materials which are products of the United States and which were installed- (A) while such aircraft was within the United States, and (B) after such aircraft was operational, (3) is returned to the United States after being SO exported without having been advanced in value or improved in condition by any process of manufacture or other means while abroad, and (4) was entered for consumption before 1970 pursuant to an entry which is unliquidated as of the date of the enactment of this Act, the rate of duty provided for in item 694.40 of the Tariff Schedules of the United States (19 U.S.C. 1202) on the date of such entry shall, notwithstanding any other provision of law, be assessed upon the full value of such aircraft less the value of such components and materials. For the purposes of this Act, the value of any such component or mate- rial is the cost of such component or material at the time of installation in the aircraft plus the cost of such installation. SEC. 2. No entry may be liquidated as provided for in the first sec- tion of this Act unless request therefor is filed with the customs officer concerned on or before the thirtieth day after the date of the enactment of this Act. Speaker of the House of Representatives. Vice President of the United States and President of the Senate.