Educational, Scientific, and Cultural Materials Importation Act of 1986

(Measure passed House, amended)

Title I: Tariff Provision - Declares that amendments to the Schedules refer to amendments to the Tariff Schedules of the United States.

Subtitle A: Permanent Changes in Tariff Treatment - Amends the Tariff Schedules of the United States to reclassify and impose a duty on casein, caseinates, and milk protein concentrate for human food and animal feed use.

Reduces the duty on salted and dried plums.

Imposes a duty on natural unconcentrated, non-reconstituted grapefruit juice.

Grants duty-free treatment to hatters' fur.

Treats plywoods with tongued, grooved, lapped, or otherwise worked edges as plywood for tariff purposes.

Provides that certain gloves (those without fourchettes and constructed of a textile fabric with rubber or plastics) shall be regarded as gloves of textile materials.

Creates a new tariff classification to cover imports of certain woven fabrics of man-made fibers.

Includes all forms of silicone in the term "synthetic plastics materials." Imposes a duty on silicone resins and materials.

Creates a new tariff classification to cover the imports of motor fuel blending stocks. Imposes a duty on motor fuel blending stocks.

Reclassifies a "slab" of iron or steel to be not less than two inches in thickness.

Provides that television picture tubes imported in combination with, or incorporated into, other articles are to be classified as television picture tubes (subject to an increased duty) unless they are incorporated or put into kits for incorporation into complete television receivers or into certain other fully assembled units.

Imposes an 11 percent duty on all imports on or before October 31, 1987, of television picture tubes which would be included in such assembled units but for this Act. Grants duty-free treatment to all imports on or before December 31, 1990, of certain small color television picture tubes.

Excludes extracorporeal shock wave lithotripters with respect to the duty treatment of electro-surgical apparatus.

Provides a duty on bicycle-type speedometers and parts.

Excludes the dials of watches and clocks from the special marking requirements. Provides that certain information shall be legibly (currently "conspicuously") marked with specified information. Permits such marking to be done by mold-marking. Permits manufacturers to put certain information on watch bezels. Deletes the requirement of including information on watch adjustments.

Repeals the prohibition against the importation into the United States of certain furskins from the Soviet Union.

Subtitle B: Temporary Changes in Tariff Treatment - Suspends through December 31, 1990 the tariff on: (1) color couplers and coupler intermediates; (2) p-sulfobenzoic acid, potassium salt; (3) 2,2-oxamidobis-ethyl3(3,5-di-tertbutyl4-hydroxy-phenyl) (4) dicyclohexylbenzothiazylsufen-amide; (5) 2,4 dichloro-5-sulfamoylbenzoic acid; (6) derivatves of N-(4-2-hydroxy-3-phenoxypropoxy) phenyl) acetamide; (7) 1,2-dimethyl -3 5 diphenylpyrazolium methyl sulfate; (8) dicofol; (9) methylene blue; (10) 3,5-dinitro-o-toluamide; (11) secondary-butyl chloride; (12) nonbenzenoid vinyl acetate-vinyl chloride-ethylene terpolymer; (13) tungsten ore; (14) certain stuffed toy figures; (15) wool carding and spinning machines; (16) generator lighting sets for bicycles, bicycle chains, and certain other bicycle parts; (17) 1-(3- sulfopropyl) pyridinium hydroxide; (18) d-6-Methoxy-a-methyl-2-naphthaleneactic acid and its sodium salt; (19) certain pesticides (dinocap, mixtures of dicofol and application adjuvants and mixtures of mancozeb and dinocap); (20) cholestyramine resin USP; (21) 3-amino-3-methyl-1-butyne; (22) maneb, zineb, mancozeb, and metiram; (23) nicotine resins; (24) certain hosiery knitting needles; (25) silk yarns; (26) 3-ethylamino-p-cresol; (27) 4-chloro-2-5-dimethoxy-aniline; (28) 2,2-bis(4-cyanatophenyl; (29) 3-nitrophenyl-4-beta-hydroxysulfone; (30) aminoethylphenylprazole; (31) 1,1-(4,1-dimethylethyl)phyenyl-4-(hydroxydiphenyl-methy butyl-2-(4-(4-5-(trifluoromethyl)-2-pryidinyloxy)-pheno (33) benzethonium chloride; (34) malononitrile; (35) 2-(1(ethoxyimino)butyl)-5-(2-(ethylthio)propyl)-3-hydro (sethoxydim); (36) metaldehyde; (37) cyclosporine; (38) paraldehyde; (39) jacquard cards; (40) certain parts of indirect process electrostatic copying machines; and (41) extracorporeal shock wave lithotripters (for use by nonprofit hospitals or educational institutions.

Suspends the tariff on certain knitwear made in Guam until November 1, 1992.

Suspends the tariff on the personal effects and equipment of participants and officials involved in the Pan American Games until September 30, 1987.

Amends the Foreign Trade Zones Act to extend, through December 31, 1990, the exclusion of imported bicycle parts that are not subsequently re-exported from the exemption of the customs laws that is applicable to a foreign trade zone.

Amends the Tariff Schedules of the United States to repeal the suspension of eduty on double-headed latch needles.

Suspends, through October 31, 1987, the duty on absorbent chemical material of one or more cross-linked sodium polyacrylate polymers.

Lowers, through December 31, 1990, the duty on glass inners designed for vacuum flasks or for other vacuum vessels.

Lowers, through December 31, 1990, the column two duty rate on offset printing presses of the sheet-fed type.

Extends the current suspension of duty until December 31, 1990, on: (1) mixtures of mashed or macerated hot red peppers and salt; (2) cataloupes; (3) certain wools; (4) needlecraft display models; (5) triptenyl phosphate; (6) menthol feedstocks; (7) isometric mixtures of ethylbiphenyl; (8) sulfapyridine; (9) synthetic rutile; (10) certain clock radios; (11) machines designed for heat-set, stretchtexturing of continuous man-made fibers; (12) hosiery knitting marchines; (13) certain small toys; (14) stuffed dolls, certian toy figures; and (15) crude feathers and down.

Subtitle C: Effective Dates - Sets forth the effective dates for the implementation of the provisions of this Act.

Title II: Customs Provisions - Amends the Trade Act of 1974 to allow watches to be designated as eligible articles for purposes of the generalized system of preferences.

Requires the containers of imported preserved mushrooms to indicate in English the country in which the mushrooms were grown in order to comply with labeling laws relating to imports.

Amends the Tariff Act of 1930 to require the Secretary of the Treasury to establish standards for setting the terms and conditions for cancellation of bonds or charges.

Provides for the duty-free entry of certain articles for use by a named organization in the construction of an optical telescope in Hawaii.

Provides for the reliquidation, without liability of the importer of record for antidumping duties, of specified entries.

Directs the Secretary of the Treasury to reliquidate, as duty-free, four specified entries covering tubular tin products, if a certificate of actual use for the products is submitted to the U.S. Customs Service at the port of entry within 120 days of enactment of this Act.

Requires the appropriate customs officer, upon the discovery or attempted importation into the United States or seizure of books or matter containing obscene material, to transmit such information to the appropriate U.S. attorney who shall institute proceedings for the forfeiture, confiscation, and destruction of such books or matter.

Requires a court, upon motion of the United States, to stay such forfeiture proceedings pending the completion of any related criminal proceedings.

Amends the International Coffee Agreement Act of 1980 to extend the effective period of such Act until October 1, 1989.

Amends the Tariff Act of 1930 to allow, without regard to specified conditions, for a drawback (refund) of duties paid on raw cane sugar imported into the United States after October 31, 1977, and before April 1, 1985. Requires the Secretary of Agriculture to study and report to specified congressional committees by February 1, 1987, with respect to circumvention of the U.S. sugar quota through the importation of refined sugar in the form of blended products.

Makes unlawful the unauthorized importation or unauthorized sale within the United States after importation of articles that: (1) infringe a valid and enforceable U.S. patent or copyright; or (2) are made under, or by means of, a patented process. Makes it unlawful to import into or sell within the United States after importation articles that infringe a valid and enforceable U.S. trademark, if the manufacture or production of such article was unauthorized. Makes it unlawful to import a semiconductor chip product in a manner that constitutes infringement of a registered mask work. Declares that such prohibitions shall apply only if there is an existing or nascent U.S. industry relating to the articles or intellectual property.

Authorizes the ITC to terminate an investigation before determining whether there is a violation by issuing a consent order or on the basis of a settlement agreement.

Requires the ITC to make a determination with regard to a petition alleging unfair import practices within 90 days (150 days in more complicated cases) of the publication of notice of the investigation. Authorizes the ITC to grant preliminary relief with respect to violations involving intellectual property to the same extent as authorized under the Federal Rules of Civil Procedure.

Authorizes the ITC to issue cease and desist orders in addition to exclusion orders. Increases the penalty for violations of such orders.

Transfers from the President to the USTR the authority to overrule for policy reasons ITC determinations of unfair import practices.

Provides for default judgments against nonrespondents in unfair import practice cases unless the ITC determines that specified circumstances preclude such judgments. Authorizes the ITC to promulgate rules that establish sanctions for abuse of discovery and abuse of process.

Imposes the burden of proof on the petitioner in cases where the petitioner has previously been found in violation of the provision prohibiting unfair import practices and the petitioner is asking the ITC: (1) to find that the petitioner is no longer violating the section; or (2) for a modification or rescission of the penalty imposed on such petitioner. Sets forth the grounds for granting such relief.

Prohibits disclosure (except to certain ITC and Customs Service employees) of confidential information submitted to the ITC during the course of an investigation without the consent of the petitioner.

Requires the USTR to prepare a list annually of those foreign countries that maintain the most significant barriers to market access for U.S. persons that rely on intellectual property protection. Requires the USTR, in order to create such list, to: (1) identify and analyze the market barriers of a country to certain intellectual property that is exported or licensed by U.S. persons that rely on intellectual property protection; (2) estimate the trade-distorting impact on U.S. commerce of such country's acts, policies, or practices that are contained in the annual report on market barriers; (3) decide whether the potential market in that country is substantial; and (4) take into account certain other information submitted by persons who rely on intellectual property protection. Designates countries which have the largest potential markets or have the most onerous market barriers as priority countries for negotiating purposes. Authorizes the USTR to exempt a foreign country from such negotiations if negotiations would be detrimental to U.S. interests.

Requires the President to direct the USTR to enter into negotiations and consultations with priority countries according to a specified timetable in order to seek trade agreements which reduce or eliminate market barriers for U.S. persons who rely on intellectual property protection. Authorizes the President, within five years of enactment of this Act, to enter into agreements which meet such objective.

Authorizes the President to take certain other actions if the President is not able to enter into such an agreement with a priority country within a specified time. Requires the President to report to the Congress on a biennial basis on efforts to obtain market access in priority countries. Sets forth information to be included in such report.

Requires the USTR to consult with the appropriate congressional committees, Federal agencies, private persons, and certain advisory committees: (1) before identifying the market barriers, determining priority countries, and establishing the timetable; (2) in conducting negotiations; (3) in developing the report; and (4) in determining certain other actions.

Requires the principal negotiating objectives with respect to intellectual property rights to be: (1) to seek enactment and effective enforcement by foreign countries of laws that protect intellectual property; and (2) to develop and strengthen international rules and dispute settlement procedures against trade-distorting practices arising from inadequate national protection and enforcement of intellectual property rights.

Amends the Trade Act of 1974 to allow the President to: (1) enter into tariff agreement relating to specified Canadian imports; and (2) proclaim the modification or elimination of existing duties on such imports. Authorizes the President to grant such modifications if equivalent modifications are granted by Canada to U.S. imports into Canada.

Requires the Secretary of the Treasury to charge a user fee to individuals for the use of customs services at the Pontiac/Oakland, Michigan, airport.

Title III: Implementation of Nairobi Protocol - Subtitle A 1: Short Title, Purpose, Reference, and Effective Date - Educational, Scientific, and Cultural Materials Importation Act of 1986 - Declares that it is the purpose of this subtitle to: (1) provide for the implementation of the Nairobi Protocol to the Agreement on the Importation of Educational, Scientific, and Cultural Materials (the Florence Agreement); (2) modify the duty-free treatment accorded under the Educational, Scientific, and Cultural Materials Importation Act of 1982 (the 1982 Act), under the Educational, Scientific, and Cultural Materials Importation Act of 1966 and under another Act; and (3) continue the safeguard provisions concerning certain imported articles provided for in the 1982 Act.

Subtitle B: Amendments to Implement the Nairobi Protocol - Repeals the 1982 Act.

Amends the Tariff Schedules of the United States (TSUS) to provide duty-free treatment for: (1) catalogs of visual and auditory material of an educational scientific, or cultural character; (2) architectural, engineering, industrial, or commercial drawings and plans; (3) loose illustrations, reproduction proofs or reproduction films used for the production of books; (4) certain other articles in microfilm, microfiche, and similar film media; and (5) crossword puzzle books. Provides for duty-free treatment of certain other articles whether or not in the form of microfilm, microfiches, or similar film media.

Prohibits granting duty-free treatment to developed photographic film unless either: (1) a Federal agency 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, or Cultural Character; or (2) such article is imported by, or for the use of, an educational, scientific or cultural institution and is certified to be visual or auditory material of an educational, scientific, or cultural character or to have been produced by the United Nations or any of its specialized agencies. Provides duty-free treatment for articles determined to be visual or auditory materials in accordance with specified provisions.

Provides duty-free treatment for: (1) tools specially designed to maintain or repair certain scientific instruments or apparatus; and (2) articles specially designed or adapted for the use or benefit of the blind or other physically or mentally handicapped persons.

Subtitle C: Authority to Modify Certain Duty-Free Treatment Accorded Under This Subtitle - Authorizes the President to proclaim changes in the TSUS to narrow the scope of, place conditions on, or otherwise eliminate the duty-free treatment accorded the tools for scientific instruments and the articles for the blind or other handicapped persons under this Act if such duty-free treatment has significant adverse impact on a domestic industry. Authorizes the President to resume duty-free treatment of such articles under certain circumstances.

Authorizes the President to proclaim changes to the TSUS to remove or modify any conditions and restrictions imposed by this Act on the importation of certain visual and auditory material in order to implement certain provisions of the Nairobi Protocol.

Amends the TSUS to change the headnote relating to the method of applying for permission to import certain scientific instruments and apparatus.

Directs the Secretary of the Treasury, in conjunction with the Secretary of Commerce, to obtain adequate statistical information on duty-free imports of articles for the blind and for other handicapped persons.