PART 2.-TEMPORARY MODIFICATIONS PROCLAIMED PURSUANT TO TRADE-AGREEMENTS LEGISLATION-Continued Subpart C.-Temporary Modifications for Bal- [Terminated by Proc. No. 4098. Dec. 20. 1971. 36 Subpart D.-Other Temporary Modifications 1. This subpart contains temporary modifica- 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: (11) 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 urther increased under this subparagraph; (iii) 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; Rates of duty 2 Rates of duty 2 No change. Effective period Modification of Tariff Schedules effective January 1, 1976, see Ex. Ord. No. 11888, set out as a note under section 2462 of this title PART 2.-TEMPORARY MODIFICATIONS PROCLAIMED PURSUANT TO TRADE-AGREEMENTS LEGISLATION-Continued Items following item 922.50 and preceding item 923.31 inserted by Proc. No. 4125, Apr. 22, 1972, 37 C.F.R. 8369, effective with respect to articles entered, or withdrawn from warehouse, for consumption on and after May 1, 1972. Items following item 922.50 and preceding item 924.00 modified by Proc. No. 4102, Jan. 29, 1972, 37 F.R. 2417, effective with respect to items entered, or withdrawn from warehouse, for consumption during the period commencing on the date of Proc. No. 4102 and terminating at the close of Jan. 31, 1974. Items 923.80, 923.82 and 923.84 added by Proc. No. 4279, Mar. 29, 1974, 39 F.R. 11861, effective as to articles entered, or withdrawn from warehouse, for consumption during the period commencing May 1, 1974 and terminating at the close of April 30, 1978. Heading preceding item 945.01 amended, and items 945.01, 945.02 and 945.04 deleted by Proc. No. 4382, Aug. 5, 1975, 40 F.R. 33425, effective with respect to articles entered, or withdrawn from warehouse, for consumption after 12:01 a.m., EDT, Aug. 7, 1975. Items 945.01 to 945.04 added by Proc. No. 4335, Nov. 16, 1974, 39 F.R. 40741. Article heading preceding item 945.03 and item 945.03 deleted by Proc. No. 4410, Dec. 31, 1975, 41 F.R. 749, effective with respect to articles entered, or withdrawn from warehouse, for consumption after 12:01 a.m. EST, Jan. 1, 1976. Item 945.16 amended by Proc. No. 4304, July 16, 1974, 39 F.R. 26277, effective as to all articles entered, or withdrawn from warehouse, for consumption on and after July 1, 1974. Subpart C added by Proc. No. 4074, Aug. 15, 1971, 36 F.R. 15724, and terminated by Proc. No. 4098, Dec. 20, 1971. 36 F.R. 25201. Subpart D added by Proc. No. 4076, Aug. 21, 1971, 35 F.R. 16561. EXTENSION OF INCREASED RATE OF DUTY ON CERTAIN PIANOS Proc. No. 4189, Feb. 20, 1973, 38 F.R. 4935, set out as a note under Part 3 of Schedule 7, extended the increased rate of duty on imports of pianos provided for in item 924.00 to articles entered, or withdrawn from warehouse, for consumption on and after Feb. 21, 1973, and before the close of Feb. 20, 1974. Modification of Tariff Schedules effective January 1, 1976, see Ex. Ord. No. 11888, set out as a note under section 2462 of this title PART 3.-ADDITIONAL IMPORT RESTRICTIONS PROCLAIMED PURSUANT TO SECTION 22 OF THE AGRICULTURAL ADJUSTMENT ACT, AS AMENDED [28 F.R. 9055] (v) For the purposes of items 950.10B through 950.10E, the price referred to therein, to be determined in accordance with this subdivision, shall be the Commodity Credit Corporation purchase price for Cheddar cheese, U.S. Grade A or higher, standard moisture basis, under the milk price support program, rounded to the nearest whole cent, plus 7 cents, which price shall be determined by the Secretary of Agriculture, certified to the Secretary of the Treasury, and published in the FEDERAL REGISTER. Å change of price determined in accordance with this subdivision shall not cause an article to be subject to the import restrictions contained in this part if, on or before the date of publication in the FEDERAL REGISTER of the change of price, such article was exported to the United States on a through bill of lading or placed in bonded warehouse. (vi) Notwithstanding any other provisions of this part, 150,000000 pounds of the articles described in item 115.50 may be entered during the period beginning March 5, 1974, and ending June 30, 1974, in addition to the annual quota quantity specified for such article under item 950.02, and import licenses shall not be required for entering such additional quantities. The 150,000,000 pound additional quota quantity shall be allocated among supplying countries as follows: (vii) Notwithstanding any other provision of this part, 100,000,000 pounds of the articles described in item 950.08A may be entered during the period beginning January 3, 1974, and ending March 31, 1974, in addition to the annual quota quantity specified for such articles under item 950.08A, and import licenses shall not be required for entering such additional quantity. No individual, partnership, firm, corporation, association, or other legal entity (incl ding its affiliates or subsidiaries) may during such period enter pursuant to this provision an aggregate quantity of such artic es in excess of 2,500,000 pounds. The 100,000,000 pound additional quota quantity authorized to be entered during the period ending March 31, 1974, shall be allocated among supplying countries as follows: Supplying Country New Zealand. Australia. Other Countries. Quantity 55, 000, 000 (viii) Notwithstanding any other provision of this part, 56,000,000 pounds of the articles described in item 950.05 and 22,600,000 pounds of the articles described in item 950.06 may be entered during the period beginning November 1, 1973, and ending December 31, 1973, in addition to the annual quota quantities specified for such articles under items 950.05 and 950.06, and import licenses shall not be required for entering such additional quantities. No individual, partnership, firm, corporation, association, or other legal entity (including its affiliates or subsidiaries) may during such period enter pursuant to this provision an aggregate quantity of such additional articles in excess of 2,500,000 pounds. The 56,000,000 pounds of the articles described in item 950.05 shall be allocated among supplying countries as follows: Supplying Country New Zealand. Member States of the European Economic Com- Other Countries as follows: Argentina, Australia, Canada, Norway, Sweden, Quantity (In pounds) 28, 560,000 24, 640,000 2,800,000 (c) Suspension. Notwithstanding any other provision of this part, the quantitative limitations for the articles provided for in item 950.60 are suspended beginning January 26, 1974. Modification of Tariff Schedules effective January 1, 1976, see Ex. Ord. No. 11888, set out as a note under section 2462 of this title PART 3.-ADDITIONAL IMPORT RERTRICTIONS PROCLAIMED PURSUANT TO SECTION 22 OF THE Agricultural ADJUSTMENT ACT, AS AMENDED Continued Modification of Tariff Schedules effective January 1, 1976, see Ex. Ord. No. 11888, set out as a note under section 2462 of this title Headnote 3(a), subd. (v), added by Proc. No. 4138, June 3, 1972, 37 F.R. 11227. Headnote 3(a), subd. (vi) amended by Proc. No. 4274, Mar. 4, 1974, 39 F.R. 8315. Headnote 3(a), subd. (vi), amended by Proc. No. 4216, May 10, 1973, 38 F.R. 12313; Proc. No. 4230, July 18, 1973, 38 F.R. 19343; Proc. No. 4238, Aug. 28, 1973, 38 F.R. 23309. Headnote 3(a), subd. (vi), added by Proc. No. 4177, Dec. 30, 1972, 38 F.R. 7. Headnote 3(a), subd. (vii), amended by Proc. No. 4258, Jan. 2, 1974, 39 F.R. 959. Headnote 3(a), subd. (vii), added by Proc. No. 4213, Apr. 25, 1973, 38 F.R. 10241. Headnote 3(a), subd. (viii), added by Proc. No. 4253, Oct. 31, 1973, 38 F.R. 30427. Headnote 3(a), subd. (ix) added by Proc. No. 4260, Jan. 25, 1974, 39 F.R. 3533, and superseded by Proc. No. 4298, June 25, 1974, 39 FR 23951. Headnote 3 (c) added by Proc. No. 4298, June 25, 1974, 39 F.R. 23951. Items 950.10B, 950.10C, 950.10D, 950.10E amended by Proc. No. 4138, June 3, 1972, 37 F.R. 11227. SUBTITLE II.-SPECIAL PROVISIONS PART I.-MISCELLANEOUS PART REFERRED TO IN OTHER SECTIONS This part is referred to in section 1401 of this title. § 1303. Countervailing duties. (a) Levy of countervailing duties. (1) Whenever any country, dependency, colony, province, or other political subdivision of government, person, partnership, association, cartel, or corporation, shall pay or bestow, directly or indirectly, any bounty or grant upon the manufacture or production or export of any article or merchandise manufactured or produced in such country, dependency, colony, province, or other political subdivision of government, then upon the importation of such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to any duties otherwise imposed, a duty equal to the net amount of such bounty or grant, however the same be paid or bestowed. (2) In the case of any imported article or merchandise which is free of duty, duties may be imposed under this section only if there is an affirmative determination by the Commission under subsection (b) (1) of this section; except that such a determination shall not be required unless a determination of injury is required by the international obligations of the United States. (3) In the case of any imported article or merchandise as to which the Secretary of the Treasury (hereafter in this section referred to as the "Secretary") has not determined whether or not any bounty or grant is being paid or bestowed (A) upon the filing of a petition by any person setting forth his belief that a bounty or grant is being paid or bestowed, and the reasons therefor, or (B) whenever the Secretary concludes, from information presented to him or to any person to whom authority under this section has been delegated, that a formal investigation is warranted into the question of whether a bounty or grant is being paid or bestowed, the Secretary shall initiate a formal investigation to determine whether or not any bounty or grant is being paid or bestowed and shall publish in the Federal Register notice of the initiation of such investigation. (4) Within six months from the date on which a petition is filed under paragraph (3) (A) or on which notice is published of an investigation initiated under paragraph (3) (B), the Secretary shall make a preliminary determination, and within twelve months from such date shall make a final determination, as to whether or not any bounty or grant is being paid or bestowed. (5) The Secretary shall from time to time ascertain and determine, or estimate, the net amount of each such bounty or grant, and shall declare the net amount so determined or estimated. (6) The Secretary shall make all regulations he deems necessary for the identification of articles and merchandise subject to duties under this section and for the assessment and collection of such duties. All determinations by the Secretary under this section, and all determinations by the Commission under subsection (b)(1) of this section (whether affirmative or negative) shall be published in the Federal Register. (b) Injury determination with respect to duty-free merchandise; suspension of liquidation. (1) Whenever the Secretary makes a final determination under subsection (a) of this section that a bounty or grant is being paid or bestowed with respect to any article or merchandise which is free of duty and a determination by the Commission is required under subsection (a)(2) of this section, he shall (A) so advise the Commission, and the Commission shall determine within three months thereafter, and after such investigation as it deems necessary, whether an industry in the United States is being or is likely to be injured. or is prevented from being established, by reason of the importation of such article or merchandise into the United States; and the Commission shall notify the Secretary of its determination; and (B) require, under such regulations as he may prescribe, the suspension of liquidation as to such article or merchandise entered, or withdrawn from warehouse, for consumption on or after the date of the publication in the Federal Register of his final determination under subsection (a) of this section, and such suspension of liquidation shall continue until the further order of the Secretary or until he has made public an order as provided for in paragraph (3). (2) For the purposes of this subsection, the Commission shall be deemed to have made an affirmative determination if the commissioners voting are evenly divided as to whether its determination should be in the affirmative or in the negative. (3) If the determination of the Commission under paragraph (1)(A) is in the affirmative, the Secretary shall make public an order directing the assessment and collection of duties in the amount of |