FORMAT OF ALL WRITTEN STATEMENTS

To more usefully serve their purpose, all written statements should begin with

(1) a summary of comments and recommendations, and

(2) the detailed statements which follow should contain subject headings conforming to the summary of comments and recommendations.

[H.R. 8664, introduced by Mr. Mills on June 1, 1965, and H.R. 15271, introduced by Mr. Curtis on May 25, 1966, are identical as follows:]

A BILL To implement the Agreement on the Importation of Educational, Scientific, and Cultural Materials, opened for signature at Lake Success on November 22, 1950, and for oher purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE, ETC.

(a) SHORT TITLE.-This Act may be cited as "The Educational Scientific, and Cultural Materials Importation Act of 1965".

(b) PURPOSE.-The purpose of this Act is to enable the United States to give effect to the Agreement on the Importation of Educational, Scientific, and Cultural Materials, opened for signature at Lake Success on November 22, 1950 (Senate Executive I, Eighty-sixth Congress, first session), with a view to contributing to the cause of peace through the freer exchange of ideas and knowledge across national boundaries.

(c) AMENDMENT OF TARIFF SCHEDULES.-Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, an item or other provision, the reference shall be considered to be made to an item or other provision of the Tariff Schedules of the United States (28 F.R., part II, August 17, 1963; 77A Stat.; 19 U.S.C. 1202). Each page reference "(p. -)" in this Act refers to the page on which the item or provision referred to appears both in part II of the Federal Register for August 17, 1963, and in volume 77A of the United States Statutes at Large.

SEC. 2. EFFECTIVE DATE.

This Act shall become effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after a date to be proclaimed by the President, which date shall be within a period of three months after the date on which the United States instrument of ratification of the Agreement on the Importation of Education, Scientific, and Cultural Materials shall have been deposited with the Secretary General of the United Nations.

SEC. 3. BOOKS, PAMPHLETS, AND OTHER PRINTED AND MANUSCRIPT MATERIAL.

(a) Books.

(1) Schedule 2, part 5, is amended

(i) by striking out items 270.15 to 270.40, inclusive (p. 109), and by inserting in lieu thereof:

(ii) by striking out the article description immediately preceding item 270.45 (p. 109), and by inserting in lieu thereof: "Printed catalogs relating chiedy to current offers for the sale of United States products:", and (2) Item 737.52 (p. 374) is amended to read as follows:

737.52 Toy books, including coloring books and books the only reading matter in which consists of letters, numerals, or descriptive words.

Free

Free

(b) PERIODICALS.-Schedule 2, part 5, is amended by striking out item 270.60, item 270.65, and the article description immediately preceding item 270.60 (p. 110), and by inserting in lieu thereof:

66 270.63

Periodicals.

- Free

| Free

(c) TOURIST LITERATURE, ETC.-The article description in item 270.70 (p. 110) is amended to read as follows: "Tourist and other literature (including posters), containing geographic, historical, hotel, institutional, time-table, travel, or similar information, chiefly with respect to places, travel facilities, or educational opportunities outside the customs territory of the United States".

(d) MUSIC.-Schedule 2, part 5, is amended by striking out items 273.05 to 273.20, inclusive, and the article descriptions immediately preceding items 273.05 and 273.15 (p. 110), and by inserting in lieu thereof:

"273. 10 | Music in books or sheets..

་་།

(e) MAPS, ETC.-Schedule 2, part 5, is amended—

(1) by striking out item 273.25 and the article description immediately preceding it (p. 110),

(2) by striking out the item number and article description in item 273.30 (p. 110), and by inserting in lieu thereof: "273.30: Globes", and

(3) by striking out items 273.35 and 273.40 and the article description inmmediately preceding item 273.35 (p. 110), and by inserting in lieu thereof:

273. 35

Maps, atlases, and charts (except tourist literature provided
for in item 270.70).

SEC. 4. WORKS OF ART; ANTIQUES.

(a) PAINTINGS, ETC.-Schedule 7, part 11, subpart A, is amended by striking out item 765.05, item 765.07, and the article description immediately preceding item 765.05 (p. 389), and by inserting in lieu thereof:

(b) ANTIQUES.-Schedule 7, part 11, subpart B, is amended by striking out so much of the article description immediately preceding item 766.20 (p. 390) as precedes "all the foregoing", and by inserting in lieu thereof "Ethnographic objects made in traditional aboriginal styles and made at least 50 years prior to their date of entry; and other antiques made prior to 100 years before their date of entry ;".

SEC. 5. DOCUMENTS OF FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS.

The article description in item 840.00 (p. 418) is amended

(1) by inserting "(including exposed and developed motion picture and other films, recorded video tapes, and sound recordings)" immediately after "documents", and

(2) by striking out "wholly", and by inserting "essentially" in lieu thereof. SEC. 6. CERTAIN ARTICLES IMPORTED BY EDUCATIONAL, SCIENTIFIC, AND OTHER SPECIFIED INSTITUTIONS.

(a) GENERAL.-Schedule 8, part 4, is amended

(1) by striking out "plans" in headnote 3 (p. 149), and by inserting in lieu thereof: "plans, and reproductions thereof,"

(2) by striking out "institution established solely" in the article description immediately preceding item 851.10 (p. 420), and by inserting "nonprofit institution established" in lieu thereof, and

(3) by striking out so much of the article description in item 851.10 as precedes "all the foregoing", and by inserting in lieu thereof: "Drawings and plans, reproductions thereof, engravings, etchings, lithographs, woodcuts, globes, sound recordings, recorded video tapes, and photographic and other prints,".

(b) PATTERNS AND MODELS.-The article description in item 851.50 (p. 420) is amended to read as follows: "Patterns and models exclusively for exhibition or educational use at any such institution".

(c) SCIENTIFIC INSTRUMENTS AND APPARATUS.-Schedule 8, part 4, is amended— (1) by inserting the following immediately after item 851.50 (p. 420) and subject to the article description immediately preceding item 851.10:

(2) by striking out headnote 1 (p. 419), and by inserting in lieu thereof: "1. Except as provided in items 850.50 and 852.20, or as otherwise provided for herein, the articles covered by this part must be imported exclusively for the use of the institutions involved, and not for distribution, sale, or other commercial use within 5 years after being entered. Articles admitted under the provisions of this part may be transferred from an institution specified therein to another such institution, or may be exported or destroyed under customs supervision, without duty liability being incurred. However, if any such article is sold or used for commercial purposes within five years after being entered, the importing institution shall promptly notify customs officers at the port of entry and shall be liable for the payment of duty on such article in an amount determined on the basis of its condition as imported and the rate applicable to it when entered. If an instrument or apparatus admitted under item 851.60 is sold or used for commercial purposes after five years after being entered but contains a repair component admitted under item 851.65 within five years after being entered, there shall be no liability for the payment of duty as a result of such sale or use unless the component was assembled into the instrument or apparatus with a view to such sale or use, in which case the duty would be imposed upon such repair component.",

(3) by inserting the following headnote immediately after headnote 5 (p. 419):

“6. (a) The term 'instruments and apparatus' (item 851.60) embraces only instruments and apparatus provided for in

"(i) schedule 5: items 535.21-.27 and subpart E of part 2, and items 547.53-55 and subpart D of part 3;

"(ii) schedule 6: subpart G of part 3; subparts A and F and items 676.15.20 and 678.50 of part 4; part 5; and items 694.15, 694.50, and 696.60 of part 6; and

"(iii) schedule 7: part 2 (except subpart G) and items 790.59-.62 of subpart A of part 13;

but the term does not include materials or supplies, nor does it include ordinary equipment for use in building construction or maintenance or for use in supporting activities of the institution such as its administrative offices or its eating or religious facilities.

"(b) An institution desiring to enter an article under item 851.60 shall make application therefor to the Secretary of the Treasury including therein (in addition to such other information as may be prescribed by regulation) a description of the article and the basis for the institution's belief that no instrument or apparatus of equivalent scientific value is being manufactured in the United States. If the application is made in accordance with the applicable regulations, the Secretary of the Treasury shall promptly forward copies thereof to the Secretary of Commerce and to the Secretary of Health, Education, and Welfare. "(c) Upon receipt of the application the Secretary of Commerce shall, by publication in the Federal Register, afford interested persons and other Government agencies reasonable opportunity to present their views with respect to the question whether an instrument or apparatus of equivalent scientific value to the article to which such application relates is being manufactured in the United States. After receiving any views pursuant to this paragraph, including written advice from the Secretary of Health, Education, and Welfare, the Secretary of Commerce shall determine whether an instrument or apparatus of equivalent scientific value to such article is being manufactured in the United States. Each finding by the Secretary of Commerce under this paragraph shall be published in the Federal Register, with a statement of the reasons therefor, on or before the ninetieth day following receipt of the application by the Secretary of the Treasury. In acting on any application the Secretary of Commerce, without affording interested persons and other Government agencies an opportunity for

the presentation of views, may follow a prior finding published under this paragraph with respect to a like article after having afforded such an opportunity for the presentation of views, if he is satisfied that there are no circumstances which would justify a reexamination of the question.

"(d) Item 851.60 shall not apply with respect to any instrument or apparatus unless a bona fide order therefor has been placed, by the institution making the application hereunder, with a foreign supplier on or before the sixtieth day following the date of publication in the Federal Register of a favorable finding of the Secretary of Commerce as provided for in paragraph (c) of this headnote.", and

(4) by striking out "and electron microscopes," in item 854.10 (p. 420). SEC. 7. SCIENTIFIC SPECIMENS.

Schedule 8, part 4, is amended by striking out item 852.10 and the article description immediately preceding it (p. 420), and by inserting in lieu thereof: 852.10 Specimens of archeology, mineralogy, or natural history (including specimens of botany or zoology other than live specimens) imported for any collection for public exhibition or for educational or scientific use...

SEC. 8. ARTICLES FOR EXHIBITION, ETC.
Schedule 8, part 5, is amended—

Free

Free

(1) by striking out the article description in item 864.70 (p. 424), and by inserting in lieu thereof the following: "Works of the free fine arts, drawings, engravings, photographic pictures, and educational, philosophical, literary, and scientific articles brought into the United States for exhibition in illustration, promotion, or encouragement of art, education, philosophy, literature, science, or industry in the United States",

(2) by inserting the following headnote immediately after the title of part 5 (p. 421):

"1. In the case of articles imported under subpart B of this part and by nonprofit institutions under item 864.70 surety on bonds may be waived in the discretion of the Secretary of the Treasury.",

(3) by striking out the second sentence in headnote 2 to subpart B (p. 422), and

(4) by striking out headnote 5 to subpart C.

SEC. 9. ADMINISTRATIVE COOPERATION.

General headnote 11 (p. 14) is amended by inserting the following immediately after the first sentence: "In any case in which such action is jointly considered to be desirable, the Secretary may consult, and issue joint regulations, with any other government agency, and he may enter into an agreement with the head of another agency, which agreement may provide, by delegation or otherwise, for the utilization by the Secretary of the services and facilities of such other agency."

SEC. 10. CONFORMING AMENDMENTS.

(a) PRINTED AND MANUSCRIPT MATERIAL.-The title of schedule 2, part 5 (p. 109), is amended to read: "Part 5.-Books, Pamphlets, and Other Printed and Manuscript Material".

(b) SPECIAL CLASSIFICATION PROVISIONS.-Schedule 8 is amended

(1) by striking out "items 806.10, 806.20," in headnote 2 to subpart B of part 1 (p. 407), and by inserting "item's 806.20" in lieu thereof,

(2) by striking out item 806.10 (p. 408),

(3) by striking out "Books, libraries," in item 810.10 (p. 412), and by inserting "Libraries," in lieu thereof,

(4) by striking out "books," in both items 810.20 and 811.10 (p. 412), (5) by striking out so much of the article description in item 830.00 (p. 417) as precedes "and exposed photographic films", and by inserting in lieu thereof: "Engravings, etchings, photographic prints, whether bound or unbound, recorded video tapes,",

(6) by inserting "and recorded video tapes" after "recordings" in item 831.00 (p. 417), and

(7) by striking out so much of the article description in item 850.10 (p. 419) as precedes "all the foregoing", and by inserting in lieu thereof: "Drawings, engravings, etchings, lithographs, woodcuts, sound recordings, recorded video tapes, and photographic and other prints,".

SEC. 11. TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE. Any duty-free treatment provided for in this Act shall, for purposes of title III of the Trade Expansion Act of 1962 (76 Stat. 883; 19 U.S.C., secs. 1901 to 1991), be treated as a concession granted under a trade agreement: Provided, That any action taken pursuant to this section shall be consistent with obligations of the United States under trade agreement's.

[H.J. Res. 688, 89th Cong., 1st sess.]

JOINT RESOLUTION To give effect to the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character, approved at Beirut in 1948

Whereas the Congress and the President have repeatedly declared it to be a national policy to promote a better understanding of the United States in other countries, and to increase mutual understanding between the people of the United States and the people of other countries; and

Whereas the General Conference of the United Nations Educational, Scientific, and Cultural Organization of its third session at Beirut, Lebanon, in 1948, approved and recommended to member states for signature an Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character, which Agreement has been signed by twenty-one nations, including the United States; and Whereas the Senate has given its advice and consent to the ratification of the Agreement; and

Whereas the Congress does hereby determine that mutual understanding between peoples will be augmented by the measures provided for in said Agreement: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States is authorized to designate a Federal agency or agencies which shall be responsible for carrying out the provisions of the Agreement for Facilitating the International Circulation of Visual and Auditory Materials of an Educational, Scientific, and Cultural Character and a related protocol of signature, opened for signature at Lake Successs on July 15, 1949 (hereinafter in this Act referred to as the “Agreement”). It shall be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations.

66

SEC. 2. Agencies of the Federal Government are authorized to furnish facilities and personnel for the purpose of assisting the agency or agencies designated by the President in carrying out the provisions of the Agreement.

SEC. 3. (a) (1) Part 6 of schedule 8 of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting after the heading to such part 6 the following: "Part 6 headnote:

"1. No article shall be exempted from duty under item 870.30 unless 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, and Cultural Character."

(2) Such part 6 is amended by adding at the end thereof the following new item:

(b) The amendments made by subsection (a) shall apply with respect to articles entered, or withdrawn from warehouse, for consumption, on or after the date proclaimed by the President pursuant to this subsection, which date shall be within the period of six months which begins with the day after the day on which the United States instrument of acceptance of the Agreement is deposited with the Secretary General of the United Nations.