Editorial Notes
References in Text
Sections 3(2)(C) and 7(a) of the Export Administration Act of 1979, referred to in subsec. (c)(2)(D), were classified, respectively, to sections 4602(2)(C) and 4606(a) of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
Amendments
2018—Pub. L. 115–141, inserted “and special rules” after “Definitions” in section catchline.
1993—Subsec. (c)(2). Pub. L. 103–66, § 13239(b)(2), inserted at end “For purposes of subparagraph (E), the term ‘unprocessed timber’ means any log, cant, or similar form of timber.”
Subsec. (c)(2)(E). Pub. L. 103–66, § 13239(b)(1), added subpar. (E).
1984—Subsec. (a)(3). Pub. L. 98–369 substituted “the term ‘controlled group of corporations’ by” for “such term by”.
1979—Subsec. (c)(1). Pub. L. 96–39 substituted “of the Tariff Act of 1930 (19 U.S.C. 1401a)” for “402a of the Tariff Act of 1930 (19 U.S.C., sec. 1401a or 1402)”.
Subsec. (c)(2)(D). Pub. L. 96–72 substituted “7(a) of the Export Administration Act of 1979” for “4(b) of the Export Administration Act of 1969 (50 U.S.C. App. 2403(b))” and “paragraph (2)(C)” for “paragraph (2)(A)”.
1976—Subsecs. (a)(2), (b)(9). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
Subsec. (c). Pub. L. 94–455, §§ 1101(b), 1906(b)(13)(A), in par. (1) in provisions following subpar. (C), struck out “or his delegate” after “Secretary”, in par. (2)(B) “or” after “like property”, and in par. (2)(C), substituted “under section 613 or 613A” for “under section 611” after “uranium products)”.
Subsec. (d)(1)(C). Pub. L. 94–455, § 1101(c)(1), inserted “determined without regard to subparagraph (C) or (D) of subsection (c)(2)” after “export property”.
Subsec. (d)(2). Pub. L. 94–455, § 1101(c)(2), inserted “(determined without regard to subparagraph (C) or (D) of subsection (c)(2))” after “would be export property”.
Subsecs. (d)(4)(A), (e)(3)(B). Pub. L. 94–455, § 1906(b)(13)(A), struck out “or his delegate” after “Secretary”.
1975—Subsec. (c)(2). Pub. L. 94–12 added subpars. (C) and (D) and provisions following subpar. (D).
1974—Subsec. (b)(3). Pub. L. 93–482 inserted “or of another corporation which is a DISC and which is a member of a controlled group which includes such corporation” after “such corporation”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendments
Amendment by Pub. L. 96–72 effective upon the expiration of the Export Administration Act of 1969, which terminated on Sept. 30, 1979, or upon any prior date which the Congress by concurrent resolution or the President by proclamation designated, see Pub. L. 96–72, § 19(a), Sept. 29, 1979, 93 Stat. 535, which was classified to section 4621 of Title 50, War and National Defense, prior to repeal by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232.
Amendment by Pub. L. 96–39 effective Jan. 1, 1981, with provision for an earlier effective date under certain circumstances, see section 204 of Pub. L. 96–39, set out as a note under section 1401a of Title 19, Customs Duties.
Effective Date of 1976 Amendment
Pub. L. 94–455, title XI, § 1101(g)(2), Oct. 4, 1976, 90 Stat. 1659, provided that:
“The amendments made by subsection (b) [amending this section] shall apply to sales, exchanges, and other
dispositions made after
March 18, 1975, in taxable years ending after such date.”
Pub. L. 94–455, title XI, § 1101(g)(3), Oct. 4, 1976, 90 Stat. 1659, provided that:
“The amendments made by subsections (c) and (f) [amending this section] shall apply to taxable years ending after March 18, 1975.”
Effective Date of 1975 Amendment
Pub. L. 94–12, title VI, § 603(b), Mar. 29, 1975, 89 Stat. 65, as amended by Pub. L. 94–455, title XI, § 1101(f), Oct. 4, 1976, 90 Stat. 1659; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that:
“(1) In general.—
Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall apply to sales, exchanges, and other
dispositions made after
March 18, 1975, in taxable years ending after such date.
“(2) Binding contract.—
The amendments made by subsection (a) [amending this section] shall not apply to sales, exchanges, and other
dispositions made after
March 18, 1975, but before
March 19, 1980, if such sales, exchanges, and other
dispositions are made pursuant to a fixed contract. The term ‘fixed contract’ means a contract which was, on
March 18, 1975, and is at all times thereafter binding on the
DISC or a taxpayer which was a member of the same
controlled group (within the meaning of section 993(a)(3) of the
Internal Revenue Code of 1986 [formerly I.R.C. 1954]) as the
DISC, which was entered into after the date on which the
DISC qualified as a
DISC and the
DISC and the taxpayer became members of the same
controlled group, and under which the price and quantity of the products sold, exchanged, or otherwise disposed of cannot be increased.”
Effective Date of 1974 Amendment
Pub. L. 93–482, § 3(b), Oct. 26, 1974, 88 Stat. 1456, provided that:
“The amendment made by subsection (a) [amending this section] applies to taxable years beginning after December 31, 1973. The amendment shall, at the election of the taxpayer made within 90 days after the date of enactment of this Act [Oct. 26, 1974], also apply to any taxable year beginning after December 31, 1971, and before January 1, 1974.”