Obrázky stránek
PDF
ePub

tion of this quoted language derived from Annex D and the determination of which instruments and apparatus are "scientific" are the most difficult problems of implementing the Agreement. Stated briefly, the criteria of Annex D-and presumably of the proposed provisions of the TSUS-seem to contemplate that an appropriate institution may import duty free for its own use any such instrument or apparatus which is of a type that does not compete with an article domestically produced.

Subsection (c) of section 6 of the bill would also add a new provision (item 851.65) under which duty exemption would also be accorded to "repair components" for the instruments or apparatus admitted under item 851.60. Such articles are not specifically included in the Agreement.

Subsection (c)(3) of section 6 would add a headnote 6 to part 4, Schedule 8, of the TSUS relating to new items 851.60 and 851.65. Headnote 6(a) would identify the instruments and apparatus involved by reference to the provisions in schedules 1 through 7 (the basic schedules of the TSUS) under which they would be classified in the absence of special duty exemption.

Headnote 6(b), (c), and (d) would set forth the procedure to be followed by appropriate institutions in making application to the Secretary of the Treasury for the duty exemptions to be accorded under items 851.60 and 851.65. А сору of each application is to be forwarded to the Secretary of Commerce who must, within 90 days thereafter, determine whether an instrument or apparatus of equivalent scientific value to such article is being manufactured in the United States, and publish in the Federal Register his finding with a statement of the reasons therefor. The Secretary of Commerce is required to afford reasonable opportunity for interested parties to present their view.

Virtually all of the instruments and apparatus of the type for which free entry would be authorized under the bill are currently subject to duty under the provisions of part 2, schedule 7, of the TSUS. Total imports of instruments and apparatus and parts thereof under such provisions amounted to over 165 million dollars in 1964 and over 210 million dollars in 1965. The Commission has no way of knowing how many of the instruments assessed with duty in the past might have been exempted from duty had the proposed provisions been in effect nor how many might be imported in the future as a result of the proposed dutyfree provision.

It is estimated that domestic firms produce over 40,000 types of instruments and apparatus which are utilized in the fields of laboratory research, metallurgy, engineering, automation, industrial process control, education, medicine and chemistry. Domestic production of such instruments and apparatus approximated 4 billion dollars in each of the years 1964 and 1965 according to industry sources. Of this total 20 percent is used in medicine and education, 25 percent for research and development, and 55 percent for industrial use.

Electron microscopes.-Subsection (c) (4) of section 6 of the bill would amend item 854.101 by striking out "electron microscopes". This amendment would have the effect of restoring the duty on such instruments and their parts and accessories when imported for the use of "nonprofit" institutions established for educational, scientific, or therapeutic purposes, except as such articles might be admitted under the provisions of proposed items 851.60 and 851.65.

Electron microscopes and their parts not entitled to free entry under item 854.10 are currently dutiable under items 708.78 and 708.82, respectively, at the rates of 22 percent ad valorem (col. 1) and 40 percent at valorem (col. 2).

It is estimated that the imports of electron microscopes admitted duty free for nonprofit institutions under item 854.10 of the TSUS were valued at about $2,700,000 in 1964 and $2,900,000 in 1965. Imports of such articles dutiable under item 708.78 were valued at about $1,200,000 in 1964 and $750,000 in 1965.

There are two known domestic producers of electron microscopes. It is estimated that approximately 35 percent (by value) of domestic production was for health and educational institutions and the remainder was sold to industry.

The Commission does not know what differences, if any, there are between electron microscopes produced abroad and those produced in the United States. Likewise, the Commission is not informed as to whether any of the foreign electron microscopes might be sufficiently unique to qualify for duty-free entry under proposed item 851.60 if imported for the use of an appropriate institution.

1 Item 854.10 of the TSUS is derived from Public Law 87-95, approved July 20, 1961. If item 854.10 is amended, as proposed, it would still permit such institutions to import duty free for their use apparatus utilizing any radioactive substance in medical diagnoses or therapeutic treatment, and parts and accessories therefor. Two earlier attempts to restore the duty on electron microscopes passed the House of Representatives on August 4, 1962, and August 17, 1964 (H.R. 9414, 87th Cong., 2d Sess.; H.R. 2874, 88th Cong., 2d Sess), but died in the Senate.

Section 7. Scientific specimens.

(Ethno

Annex B (v) of the Agreement provides for the free entry of "Collections and collectors' pieces in such scientific fields as anatomy, zoology, botany, mineralogy, palaeontology, archeology and ethnography, not intended for resale". graphical articles are provided for under section 7(b) of the bill.) As proposed, the existing free item 852.10 and the preceding article description would be deleted and a new item 852.10 would be substituted therefor. In addition to specimens for "natural history, botany, or mineralogy" in the existing TSUS provision, the bill would provide for specimens of "archeology" and specifically include speciment of "zoology". Live specimens of botany and zoology would be excluded from free entry under the proposed language. These articles provided for would be free when "imported for any collection for public exhibition or for educational or scientific use" (italic added).

In the Analysis of the bill (page 20), it is stated that the new language "would expand the scope of the item so that it would provide duty-free treatment for private collections, or for specimens for such collections, of scientific significance, as those occasionally used for individual research or for examination by groups of scientists . . .". As provided for by head note 1 of Part 4 of Schedule 8, TSUS, the articles covered by such part must be imported exclusively for the use of the "institutions" involved, and not for distribution, sale, or other commercial use. Thus, there is a variance presently between the explanation of the Analysis and the statutory headnote, which latter provision would definitely prevail over the explanatory material of the Analysis.

If the proposed provision is to be effective for private collectors as well as for institutions, it is suggested that such provision be transferred to part 6 of Schedule 8. If so transferred, the provision should be approprately renumbered and the following language "and not for sale or other commercial use" should be added at the end of the article description.

Imports under item 852.10 amounted only to $41,132 in 1964 and to $42,587 in 1965. What the effect would be if private collections should be allowed free entry is not known.

Section 8. Articles for exhibition, etc.

Section 8 of the bill would amend item 864.70 in part 5, schedule 8, of the TSUS. This item is presently a personal exemption under which "professional artists, lecturers, or scientists arriving from abroad" are permitted to bring certain articles into the United States temporarily under bond without the payment of duty "for use by them for exhibition and in illustration of art, science, or industry in the United States" if not for sale or for sale on approval. Under the proposed amendment, item 864.70 would be more broadly worded and, in practical effect, would apply to all articles brought in by anyone temporarily under bond for exhibition and not for sale or sale on approval. The amendment is apparently intended to conform the TSUS to Article III and Annex B (iv) of the Agreement.

It is believed that existing item 862.10 under which qualified institutions are permitted to bring in articles for exhibition is sufficiently broad to carry out the obligations of the United States under the above cited provisions of the Agreement. If, however, it is desired to broaden the scope of item 864.70 to embrace all articles imported temporarily under bond for exhibitions, the language should be simplified and other related exhibition provisions in part 5C of schedule 8 should be eliminated.

The headnote which would be added to part 5, schedule 8 (line 17-20, page 11 of the bill) should be preceded by "Part 5 headnote :".

Section 9. Administrative cooperation

The present TSUS makes no provision for the issuance of joint regulations by the Treasury Department and other government agencies. The inclusion of embracive language in the General Headnotes of TSUS specifically authorizing the issuance of joint regulations and providing for cooperation with other agencies is considered particularly desirable. In view of the importance of the cooperation of various government agencies which would be required to make effective H.R. 8664, particularly section 6 thereof relating to scientific instruments and apparatus, it is especially appropriate that this addition to the tariff schedules be incorporated in the proposed legislation.

Section 10. Conforming amendments

Under subsection (a) of this section of the bill, the title of part 5 of schedule 2 of TSUS would be amended to include "manuscripts". The present title refers

only to printed material and would be more informative if "manuscripts" should be added.

(It is

Since all books, charts and maps, would be unconditionally free of duty if H.R. 8664 is enacted, there is no purpose in retaining separate provisions under which these articles are conditionally free of duty. For this reason, subsection 10(b) of the bill would delete such duplicate provisions from the schedules. Subsection 10(b) (5) adds a new duty-free provision for recorded video tapes imported for the use of any agency of the United States Government. stated on page 7 of the Analysis to H.R. 8664 that although video tapes are not named in the bill, it is believed they would have been named if they had been articles of commerce at the time of drafting the Florence Agreement.) Subsection 10 (b) (6) also provides for the inclusion of "recorded video tapes" in item 831.00, which provides for the free entry of articles for the Department of State.

Under subsection 10(b) (7) “Books, charts, paintings, pastels, drawings" and "maps, music" would be deleted from item 850.10, which provides for the free entry of articles imported for religious instutions. The quoted specific articles would be free generally under H.R. 8664. Again, "recorded video tapes" would be included as articles to be imported free of duty by the religious institutions. Section 11. Tariff adjustment and other adjustment assistance

In a protocol annexed to the Agreement the United States reserves the right to escape from its obligations under the Agreement with respect to any product if increased imports thereof should result in serious injury to the domestic industry involved.

Under section 11 of the bill, if domestic industries, firms, or workers should be seriously injured by increased imports resulting from the enactment of H.R. 8664, they would be extended such tariff adjustment or other adjustment assistance as is now available under title III of the Trade Expansion Act of 1962.

APPENDIX 1

TEXT OF THE AGREEMENT ON THE IMPORTATION OF EDUCATIONAL, SCIENTIFIC, AND CULTURAL MATERIALS

PREAMBLE

The contracting States,

Considering that the free exchange of ideas and knowledge and, in general, the widest possible dissemination of the diverse forms of self-expression used by civilizations are vitally important both for intellectual progress and international understanding, and consequently for the maintenance of world peace;

Considering that this interchange is accomplished primarily by means of books, publications and educational, scientific and cultural materials;

Considering that the Constitution of the United Nations Educational, Scientific and Cultural Organization urges co-operation between nations in all branches of intellectual activity, including 'the exchange of publications, objects of artistic and scientific interest and other materials of information' and provides further that the Organization shall 'collaborate in the work of advancing the mutual knowledge and understanding of peoples, through all means of mass communication and to that end recommend such international agreements as may be necessary to promote the free flow of ideas by word and image';

Recognize that these aims will be effectively furthered by an international agreement facilitating the free flow of books, publications and educational, scientific and cultural materials; and

Have, therefore agreed to the following provisions:

ARTICLE I

The contracting States undertake not to apply customs duties or other charges on, or in connexion with, the importation of:

(a) Books, publications and documents, listed in Annex A to this Agreement; (b) Educational, scientific and cultural materials, listed in Annexes B, C, D and E to this Agreement;

which are the products of another contracting State, subject to the conditions laid down in those annexes.

2. The provisions of paragraph 1 of this article shall not prevent any contracting State from levying on imported materials:

(a) Internal taxes or any other internal charges of any kind, imposed at the time of importation or subsequently, not exceeding those applied directly or indirectly to like domestic products;

(b) Fees and charges, other than customs duties, imposed by governmental authorities on, or in connexion with, importation, limited in amount to the approximate cost of the services rendered, and representing neither an indirect protection to domestic products nor a taxation of imports for revenue purposes.

ARTICLE II

1. The contracting States undertake to grant the necessary licenses and or foreign exchange for the importation of the following articles:

(a) Books and publications consigned to public libraries and collections and to the libraries and collections of public educational, research or cultural institutions;

(b) Official government publications, that is, official, parliamentary and administrative documents published in their country of origin;

(c) Books and publications of the United Nations or any of its Specialized Agencies;

(d) Books and publications received by the United Nations Educational, Scientific and Cultural Organization and distributed free of charge by it or under its supervision;

(e) Publications intended to promote tourist travel outside the country of importation, sent and distributed free of charge;

(f) Articles for the blind :

(i) Books, publications and documents of all kinds in raised characters for the blind;

(ii) Other articles specially designed for the educational, scientific or cultural advancement of the blind, which are imported directly by institutions or organizations concerned with the welfare of the blind, approved by the competent authorities of the importing country for the purpose of duty-free entry of these types of articles.

2. The contracting States which at any time apply quantitative restrictions and exchange control measures undertake to grant, as far as possible, foreign exchange and licences necessary for the importation of other educational, scientific or cultural materials, and particularly the materials referred to in the annexes to this Agreement.

ARTICLE III

1. The contracting States undertake to give every possible facility to the importation of educational, scientific or cultural materials, which are imported exclusively for showing at a public exhibition approved by the competent authorities of the importing country and for subsequent re-exportation. These facilities shall include the granting of the necessary licences and exemption from customs duties and internal taxes and charges of all kinds payable on importation, other than fees and charges corresponding to the approximate cost of services rendered. 2. Nothing in this article shall prevent the authorities of an importing country from taking such steps as may be necessary to ensure that the materials in question shall be re-exported at the close of their exhibition.

ARTICLE IV

The contracting States undertake that they will as far as possible:

(a) Continue their common efforts to promote by every means the free circulation of educational, scientific or cultural materials, and abolish or reduce any restrictions to that free circulation which are not referred to in this Agreement; (b) Simplify the administrative procedure governing the importation of educational, scientific or cultural materials;

(c) Facilitate the expeditious and safe customs clearance of educational, scientific or cultural materials.

ARTICLE V

Nothing in this Agreement shall affect the right of contracting States to take measures, in conformity with their legislation, to prohibit or limit the importation, or the circulation after importation, of articles on grounds relating directly to national security, public order or public morals.

64-216-66- 4

ARTICLE VI

This Agreement shall not modify or affect the laws and regulations of any contracting State or any of its international treaties, conventions, agreements or proclamations, with respect to copyright, trade marks or patents.

ARTICLE VII

Subject to the provisions of any previous conventions to which the contracting States may have subscribed for the settlement of disputes, the contracting States undertake to have recourse to negotiation or conciliation, with a view to settlement of any disputes regarding the interpretation or the application of this Agreement.

ARTICLE VIII

In case of a dispute between contracting States relating to the educational, scientific or cultural character of imported materials, the interested Parties may, by common agreement, refer it to the Director-General of the United Nations Educational, Scientific and Cultural Organization for an advisory opinion.

ARTICLE IX

1. This Agreement, of which the English and French texts are equally authentic, shall bear today's date and remain open for signature by all Member States of the United Nations Educational, Scientific and Cultural Organization, all Member States of the United Nations and any non-member State to which an invitation may have been addressed by the Executive Board of the United Nations Educational, Scientific and Cultural Organization.

2. The Agreement shall be ratified on behalf of the signatory States in accordance with their respective constitutional procedure.

3. The instruments of ratification shall be deposited with the Secretary-General of the United Nations.

ARTICLE X

The States referred to in paragraph 1 of Article IX may accept this Agreement from 22 November 1950. Acceptance shall become effective on the deposit of a formal instrument with the Secretary-General of the United Nations.

ARTICLE XI

This Agreement shall come into force on the date on which the SecretaryGeneral of the United Nations receives instruments of ratification or acceptance from 10 States.

ARTICLE XII

1. The States Parties to this Agreement on the date of its coming into force shall each take all the necessary measures for its fully effective operation within a period of six months after that date.

2. For States which may deposit their instruments of ratification or acceptance after the date of the Agreement coming into force, these measures shall be taken within a period of three months from the date of deposit.

3. Within one month of the expiration of the periods mentioned in paragraphs 1 and 2 of this article, the contracting States to this Agreement shall submit a report to the United Nations Educational, Scientific and Cultural Organization of the measures which they have taken for such fully effective operation.

4. The United Nations Educational, Scientific and Cultural Organization shall transmit this report to all signatory States to this Agreement and to the International Trade Organization (provisionally, to it's Interim Commission).

ARTICLE XIII

Any contracting State may, at the time of signature or the deposit of its instrument of ratification or acceptance, or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that this Agree ment shall extend to all or any of the territories for the conduct of whose foreign relations that contracting State is responsible.

« PředchozíPokračovat »