19 USC 1673d. Final determinations
TITLE 19 -- CUSTOMS DUTIES
(a) Final determination by administering authority
(1) General rule
Within 75 days after the date of its preliminary determination under
section 1673b(b) of this title, the administering authority shall make a
final determination of whether the merchandise which was the subject of
the investigation is being, or is likely to be, sold in the United
States at less than its fair value.
(2) Extension of period for determination
The administering authority may postpone making the final
determination under paragraph (1) until not later than the 135th day
after the date on which it published notice of its preliminary
determination under section 1673b(b) of this title if a request in
writing for such a postponement is made by --
(A) exporters who account for a significant proportion of exports of
the merchandise which is the subject of the investigation, in a
proceeding in which the preliminary determination by the administering
authority under section 1673b(b) of this title was affirmative, or
(B) the petitioner, in a proceeding in which the preliminary
determination by the administering authority under section 1673b(b) of
this title was negative.
(3) Critical circumstances determinations
If the final determination of the administering authority is
affirmative, then that determination, in any investigation in which the
presence of critical circumstances has been alleged under section
1673b(e) of this title, shall also contain a finding of whether --
(A)(i) there is a history of dumping in the United States or
elsewhere of the class or kind of merchandise which is the subject of
the investigation, or
(ii) the person by whom, or for whose account, the merchandise was
imported knew or should have known that the exporter was selling the
merchandise which is the subject of the investigation at less than its
fair value, and
(B) there have been massive imports of the merchandise which is the
subject of the investigation over a relatively short period.
Such findings may be affirmative even though the preliminary
determination under section 1673b(e)(1) of this title was negative.
(b) Final determination by Commission
(1) In general
The Commission shall make a final determination of whether --
(A) an industry in the United States --
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is
materially retarded,
by reason of imports, or sales (or the likelihood of sales) for
importation, of the merchandise with respect to which the administering
authority has made an affirmative determination under subsection (a)(1)
of this section.
(2) Period for injury determination following affirmative preliminary
determination by administering authority
If the preliminary determination by the administering authority under
section 1673b(b) of this title is affirmative, then the Commission shall
make the determination required by paragraph (1) before the later of --
(A) the 120th day after the day on which the administering authority
makes its affirmative preliminary determination under section 1673b(b)
of this title, or
(B) the 45th day after the day on which the administering authority
makes its affirmative final determination under subsection (a) of this
section.
(3) Period for injury determination following negative preliminary
determination by administering authority
If the preliminary determination by the administering authority under
section 1673b(b) of this title is negative, and its final determination
under subsection (a) of this section is affirmative, then the final
determination by the Commission under this subsection shall be made
within 75 days after the date of that affirmative final determination.
(4) Certain additional findings
(A) Retroactive application. --
(i) In general. -- If the finding of the administering authority
under subsection (a)(3) of this section is affirmative, then the final
determination of the Commission shall include a finding as to whether
retroactive imposition of antidumping duties on the merchandise appears
necessary to prevent recurrence of material injury that was caused by
massive imports of the merchandise over a relatively short period of
time.
(ii) Prevention of recurrence. -- For purposes of making its finding
under clause (i), the Commission shall make an evaluation as to whether
the effectiveness of the antidumping duty order would be materially
impaired if such imposition did not occur.
(iii) Evaluation of effectiveness. -- In making the evaluation under
clause (ii), the Commission shall consider, among other factors it
considers relevant --
(I) the condition of the domestic industry,
(II) whether massive imports of the merchandise in a relatively short
period of time can be accounted for by efforts to avoid the potential
imposition of antidumping duties,
(III) whether foreign economic conditions led to the massive imports
of the merchandise, and
(IV) whether the impact of the massive imports of the merchandise is
likely to continue for some period after issuance of the antidumping
duty order under this part.
(B) If the final determination of the Commission is that there is no
material injury but that there is threat of material injury, then its
determination shall also include a finding as to whether material injury
by reason of the imports of the merchandise with respect to which the
administering authority has made an affirmative determination under
subsection (a) of this section would have been found but for any
suspension of liquidation of entries of the merchandise.
(c) Effect of final determinations
(1) Effect of affirmative determination by the administering
authority
If the determination of the administering authority under subsection
(a) of this section is affirmative, then --
(A) the administering authority shall make available to the
Commission all information upon which such determination was based and
which the Commission considers relevant to its determination, under such
procedures as the administering authority and the Commission may
establish to prevent disclosure, other than with the consent of the
party providing it or under protective order, of any information as to
which confidential treatment has been given by the administering
authority, and
(B) in cases where the preliminary determination by the administering
authority under section 1673b(b) of this title was negative, the
administering authority shall order under paragraphs (1) and (2) of
section 1673b(d) of this title the suspension of liquidation and the
posting of a cash deposit, bond, or other security.
(2) Issuance of order; effect of negative determination
If the determinations of the administering authority and the
Commission under subsections (a)(1) and (b)(1) of this section are
affirmative, then the administering authority shall issue an antidumping
duty order under section 1673e(a) of this title. If either of such
determinations is negative, the investigation shall be terminated upon
the publication of notice of that negative determination and the
administering authority shall --
(A) terminate the suspension of liquidation under section 1671b(d)(1)
/1/ of this title, and
(B) release any bond or other security, and refund any cash deposit,
required under section 1673b(d)(2) of this title.
(3) Effect of negative determinations under subsections (a)(3) and
(b)(4)(A) of this section
If the determination of the administering authority or the Commission
under subsection (a)(3) or (b)(4)(A) of this section, respectively, is
negative, then the administering authority shall --
(A) terminate any retroactive suspension of liquidation required
under paragraph (4) or section 1673b(e)(2) of this title, and
(B) release any bond or other security, and refund any cash deposit
required, under section 1673b(d)(2) of this title with respect to
entries of the merchandise the liquidation of which was suspended
retroactively under section 1673b(e)(2) of this title.
(4) Effect of affirmative determination under subsection (a)(3) of
this section
If the determination of the administering authority under subsection
(a)(3) of this section is affirmative, then the administering authority
shall --
(A) in cases where the preliminary determinations by the
administering authority under sections 1673b(b) and 1673b(e)(1) of this
title were both affirmative, continue the retroactive suspension of
liquidation and the posting of a cash deposit, bond, or other security
previously ordered under section 1673b(e)(2) of this title;
(B) in cases where the preliminary determination by the administering
authority under section 1673b(b) of this title was affirmative, but the
preliminary determination under section 1673b(e)(1) of this title was
negative, shall modify any suspension of liquidation and security
requirement previously ordered under section 1673b(d) of this title to
apply to unliquidated entries of merchandise entered, or withdrawn from
warehouse, for consumption on or after the date which is 90 days before
the date on which suspension of liquidation was first ordered; or
(C) in cases where the preliminary determination by the administering
authority under section 1673b(b) of this title was negative, shall apply
any suspension of liquidation and security requirement ordered under
subsection (c)(1)(B) of this section to unliquidated entries of
merchandise entered, or withdrawn from warehouse, for consumption on or
after the date which is 90 days before the date on which suspension of
liquidation is first ordered.
(d) Publication of notice of determinations
Whenever the administering authority or the Commission makes a
determination under this section, it shall notify the petitioner, other
parties to the investigation, and the other agency of its determination
and of the facts and conclusions of law upon which the determination is
based, and it shall publish notice of its determination in the Federal
Register.
(e) Correction of ministerial errors
The administering authority shall establish procedures for the
correction of ministerial errors in final determinations within a
reasonable time after the determinations are issued under this section.
Such procedures shall ensure opportunity for interested parties to
present their views regarding any such errors. As used in this
subsection, the term ''ministerial error'' includes errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type of
unintentional error which the administering authority considers
ministerial.
(June 17, 1930, ch. 497, title VII, 735, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 169; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 602(c), 605(b), 98 Stat. 3024, 3028; Aug. 23,
1988, Pub. L. 100-418, title I, 1324(b)(3), 1333(a), 102 Stat. 1201,
1209.)
1988 -- Subsec. (b)(4)(A). Pub. L. 100-418, 1324(b)(3), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: ''If the finding of the administering authority under
subsection (a)(2) of this section is affirmative, then the final
determination of the Commission shall include a finding as to whether
the material injury is by reason of massive imports described in
subsection (a)(3) of this section to an extent that, in order to prevent
such material injury from recurring, it is necessary to impose the duty
imposed by section 1673 of this title retroactively on those imports.''
Subsec. (e). Pub. L. 100-418, 1333(a), added subsec. (e).
1984 -- Subsec. (a)(3). Pub. L. 98-573, 605(b)(1), inserted
provision that such findings may be affirmative even though the
preliminary determination under section 1673b(e)(1) of this title was
negative.
Subsec. (b)(1). Pub. L. 98-573, 602(c), inserted '', or sales (or
the likelihood of sales) for importation,'' in provisions after subpar.
(B).
Subsec. (c)(3)(A). Pub. L. 98-573, 605(b)(3), inserted reference to
par. (4).
Subsec. (c)(4). Pub. L. 98-573, 605(b)(2), added par. (4).
Amendment by section 1333(a) of Pub. L. 100-418 effective Aug. 23,
1988, and amendment by section 1324(b)(3) of Pub. L. 100-418 applicable
with respect to investigations initiated after Aug. 23, 1988, see
section 1337(a), (c) of Pub. L. 100-418, set out as a note under
section 1671 of this title.
Amendment by section 602(c) of Pub. L. 98-573 applicable with
respect to investigations initiated by petition or by the administering
authority under parts I and II of this subtitle, and to reviews begun
under section 1675 of this title, on or after Oct. 30, 1984, and
amendment by section 605(b) of Pub. L. 98-573 effective Oct. 30, 1984,
see section 626(a), (b)(1) of Pub. L. 98-573, as amended, set out as a
note under section 1671 of this title.
/1/ So in original. Probably should be section ''1673b(d)(1)''.
19 USC 1673e. Assessment of duty
TITLE 19 -- CUSTOMS DUTIES
(a) Publication of antidumping duty order
Within 7 days after being notified by the Commission of an
affirmative determination under section 1673d(b) of this title, the
administering authority shall publish an antidumping duty order which --
(1) directs customs officers to assess an antidumping duty equal to
the amount by which the foreign market value of the merchandise exceeds
the United States price of the merchandise, within 6 months after the
date on which the administering authority receives satisfactory
information upon which the assessment may be based, but in no event
later than --
(A) 12 months after the end of the annual accounting period of the
manufacturer or exporter within which the merchandise is entered, or
withdrawn from warehouse, for consumption, or
(B) in the case of merchandise not sold prior to its importation into
the United States, 12 months after the end of the annual accounting
period of the manufacturer or exporter within which it is sold in the
United States to a person who is not the exporter of that merchandise,
(2) includes a description of the class or kind of merchandise to
which it applies, in such detail as the administering authority deems
necessary, and
(3) requires the deposit of estimated antidumping duties pending
liquidation of entries of merchandise at the same time as estimated
normal customs duties on that merchandise are deposited.
(b) Imposition of duty
(1) General rule
If the Commission, in its final determination under section 1673d(b)
of this title, finds material injury or threat of material injury which,
but for the suspension of liquidation under section 1673b(d)(1) of this
title would have led to a finding of material injury, then entries of
the merchandise subject to the antidumping duty order, the liquidation
of which has been suspended under section 1673b(d)(1) of this title,
shall be subject to the imposition of antidumping duties under section
1673 of this title.
(2) Special rule
If the Commission, in its final determination under section 1673d(b)
of this title, finds threat of material injury, other than threat of
material injury described in paragraph (1), or material retardation of
the establishment of an industry in the United States, then merchandise
subject to an antidumping duty order which is entered, or withdrawn from
warehouse, for consumption on or after the date of publication of notice
of an affirmative determination of the Commission under section 1673d(b)
of this title shall be subject to the assessment of antidumping duties
under section 1673 of this title, and the administering authority shall
release any bond or other security, and refund any cash deposit made, to
secure the payment of antidumping duties with respect to entries of the
merchandise entered, or withdrawn from warehouse, for consumption before
that date.
(c) Security in lieu of estimated duty pending early determination of
duty
(1) Conditions for waiver of deposit of estimated duties
The administering authority may permit, for not more than 90 days
after the date of publication of an order under subsection (a) of this
section, the posting of a bond or other security in lieu of the deposit
of estimated antidumping duties required under subsection (a)(3) of this
section if --
(A) the investigation has not been designated as extraordinarily
complicated by reason of --
(i) the number and complexity of the transactions to be investigated
or adjustments to be considered,
(ii) the novelty of the issues presented, or
(iii) the number of firms whose activities must be investigated,
(B) the final determination in the investigation has not been
postponed under section 1673d(a)(2)(A) of this title;
(C) on the basis of information presented to the administering
authority by any manufacturer, producer, or exporter in such form and
within such time as the administering authority may require, the
administering authority is satisfied that a determination will be made,
within 90 days after the date of publication of an order under
subsection (a) of this section, of the foreign market value and the
United States price for all merchandise of such manufacturer, producer,
or exporter described in that order which was entered, or withdrawn from
warehouse, for consumption on or after the date of publication of --
(i) an affirmative preliminary determination by the administering
authority under section 1673b(b) of this title, or
(ii) if its determination under section 1673b(b) of this title was
negative, an affirmative final determination by the administering
authority under section 1673d(a) of this title,
and before the date of publication of the affirmative final
determination by the Commission under section 1673d(b) of this title;
(D) the party described in subparagraph (C) provides credible
evidence that the amount by which the foreign market value of the
merchandise exceeds the United States price of the merchandise is
significantly less than the amount of such excess specified in the
antidumping duty order published under subsection (a) of this section;
and
(E) the data concerning the foreign market value and the United
States price apply to sales in the usual commercial quantities and in
the ordinary course of trade and the number of such sales are sufficient
to form an adequate basis for comparison.
(2) Notice; hearing
If the administering authority permits the posting of a bond or other
security in lieu of the deposit of estimated antidumping duties under
paragraph (1), it shall --
(A) publish notice of its action in the Federal Register, and
(B) upon the request of any interested party, hold a hearing in
accordance with section 1677c of this title before determining the
foreign market value and the United States price of the merchandise.
(3) Determinations to be basis of antidumping duty
The administering authority shall publish notice in the Federal
Register of the results of its determination of foreign market value and
United States price, and that determination shall be the basis for the
assessment of antidumping duties on entries of merchandise to which the
notice under this subsection applies and also shall be the basis for the
deposit of estimated antidumping duties on future entries of merchandise
of manufacturers, producers, or exporters described in paragraph (1) to
which the order issued under subsection (a) of this section applies.
(4) Provision of business proprietary information; written comments
Before determining whether to permit the posting of bond or other
security under paragraph (1) in lieu of the deposit of estimated
antidumping duties, the administering authority shall --
(A) make all business proprietary information supplied to the
administering authority under paragraph (1) available under a protective
order in accordance with section 1677f(c) of this title to all
interested parties described in subparagraph (C), (D), (E), (F), or (G)
of section 1677(9) of this title, and
(B) afford all interested parties an opportunity to file written
comments on whether the posting of bond or other security under
paragraph (1) in lieu of the deposit of estimated antidumping duties
should be permitted.
(June 17, 1930, ch. 497, title VII, 736, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 172; amended Oct. 22, 1986, Pub.
L. 99-514, title XVIII, 1886(a)(7), 100 Stat. 2922; Aug. 23, 1988,
Pub. L. 100-418, title I, 1325, 102 Stat. 1201.)
1988 -- Subsec. (c)(1). Pub. L. 100-418, 1325(a), amended par. (1)
generally, designating existing provisions as cl. (C) and adding cls.
(A), (B), (D), and (E).
Subsec. (c)(4). Pub. L. 100-418, 1325(b), added par. (4).
1986 -- Subsec. (c)(1). Pub. L. 99-514 inserted '', and was sold to
any person that is not related to such manufacturer, producer, or
exporter,'' before ''on or after the date''.
Amendment by Pub. L. 100-418 applicable with respect to
investigations initiated after Aug. 23, 1988, and to reviews initiated
under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see
section 1337(b) of Pub. L. 100-418, set out as a note under section
1671 of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
19 USC 1673f. Treatment of difference between deposit of estimated
antidumping duty and final assessed duty under antidumping duty order
TITLE 19 -- CUSTOMS DUTIES
(a) Deposit of estimated antidumping duty under section 1673b(d)(2)
of this title
If the amount of a cash deposit collected as security for an
estimated antidumping duty under section 1673b(d)(2) of this title is
different from the amount of the antidumping duty determined under an
antidumping duty order published under section 1673e of this title, then
the difference for entries of merchandise entered, or withdrawn from
warehouse, for consumption before notice of the affirmative
determination of the Commission under section 1673d(b) of this title is
published shall be --
(1) disregarded, to the extent the cash deposit collected is lower
than the duty under the order, or
(2) refunded, to the extent the cash deposit is higher than the duty
under the order.
(b) Deposit of estimated antidumping duty under section 1673e(a)(3)
of this title
If the amount of an estimated antidumping duty deposited under
section 1673e(a)(3) of this title is different from the amount of the
antidumping duty determined under an antidumping duty order published
under section 1673e of this title, then the difference for entries of
merchandise entered, or withdrawn from warehouse, for consumption after
notice of the affirmative determination of the Commission under section
1673d(b) of this title is published shall be --
(1) collected, to the extent that the deposit under section
1673e(a)(3) of this title is lower than the duty determined under the
order, or
(2) refunded, to the extent that the deposit under section
1673e(a)(3) of this title is higher than the duty determined under the
order,
together with interest as provided by section 1677g of this title.
(June 17, 1930, ch. 497, title VII, 737, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 173.)
19 USC 1673g. Conditional payment of antidumping duty
TITLE 19 -- CUSTOMS DUTIES
(a) General rule
For all entries, or withdrawals from warehouse, for consumption of
merchandise subject to an antidumping duty order on or after the date of
publication of such order, no customs officer may deliver merchandise of
that class or kind to the person by whom or for whose account it was
imported unless that person complies with the requirements of subsection
(b) of this section and deposits with the appropriate customs officer an
estimated antidumping duty in an amount determined by the administering
authority.
(b) Importer requirements
In order to meet the requirements of this subsection, a person shall
--
(1) furnish, or arrange to have furnished, to the appropriate customs
officer such information as the administering authority deems necessary
for determining the United States price of the merchandise imported by
or for the account of that person, and such other information as the
administering authority deems necessary for ascertaining any antidumping
duty to be imposed under this subtitle;
(2) maintain and furnish to the customs officer such records
concerning the sale of the merchandise as the administering authority,
by regulation, requires;
(3) state under oath before the customs officer that he is not an
exporter, or if he is an exporter, declare under oath at the time of
entry the exporter's sales price of the merchandise to the customs
officer if it is then known, or, if not, so declare within 30 days after
the merchandise has been sold, or has been made the subject of an
agreement to be sold, in the United States; and
(4) pay, or agree to pay on demand, to the customs officer the amount
of antidumping duty imposed under section 1673 of this title on that
merchandise.
(June 17, 1930, ch. 497, title VII, 738, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 174.)
19 USC 1673h. Establishment of product categories for short life cycle
merchandise
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment of product categories
(1) Petitions
(A) In general
An eligible domestic entity may file a petition with the Commission
requesting that a product category be established with respect to short
life cycle merchandise at any time after the merchandise becomes the
subject of 2 or more affirmative dumping determinations.
(B) Contents
A petition filed under subparagraph (A) shall --
(i) identify the short life cycle merchandise that is the subject of
the affirmative dumping determinations,
(ii) specify the short life cycle merchandise that the petitioner
seeks to have included in the same product category as the merchandise
that is subject to the affirmative dumping determinations,
(iii) specify any short life cycle merchandise the petitioner
particularly seeks to have excluded from the product category,
(iv) provide reasons for the inclusions and exclusions specified
under clauses (ii) and (iii), and
(v) identify such merchandise in terms of the designations used in
the Harmonized Tariff Schedule of the United States.
(2) Determinations on sufficiency of petition
Upon receiving a petition under paragraph (1), the Commission shall
--
(A) request the administering authority to confirm promptly the
affirmative determinations on which the petition is based, and
(B) upon receipt of such confirmation, determine whether the
merchandise covered by the confirmed affirmative determinations is short
life cycle merchandise and whether the petitioner is an eligible
domestic entity.
(3) Notice; hearings
If the determinations under paragraph (2)(B) are affirmative, the
Commission shall --
(A) publish notice in the Federal Register that the petition has been
received, and
(B) provide opportunity for the presentation of views regarding the
establishment of the requested product category, including a public
hearing if requested by any interested person.
(4) Determinations
(A) In general
By no later than the date that is 90 days after the date on which a
petition is filed under paragraph (1), the Commission shall determine
the scope of the product category into which the short life cycle
merchandise that is the subject of the affirmative dumping
determinations identified in such petition shall be classified for
purposes of this section.
(B) Modifications not requested by petition
(i) In general
The Commission may, on its own initiative, make a determination
modifying the scope of any product category established under
subparagraph (A) at any time.
(ii) Notice and hearing
Determinations may be made under clause (i) only after the Commission
has --
(I) published in the Federal Register notice of the proposed
modification, and
(II) provided interested parties an opportunity for a hearing, and a
period for the submission of written comments, on the classification of
merchandise into the product categories to be affected by such
determination.
(C) Basis of determinations
In making determinations under subparagraph (A) or (B), the
Commission shall ensure that each product category consists of similar
short life cycle merchandise which is produced by similar processes
under similar circumstances and has similar uses.
(b) Definitions
For purposes of this section --
(1) Eligible domestic entity
The term ''eligible domestic entity'' means a manufacturer or
producer in the United States, or a certified union or recognized union
or group of workers which is representative of an industry in the United
States, that manufactures or produces short life cycle merchandise that
is --
(A) like or directly competitive with other merchandise that is the
subject of 2 or more affirmative dumping determinations, or
(B) is similar enough to such other merchandise as to be considered
for inclusion with such merchandise in a product monitoring category
established under this section.
(2) Affirmative dumping determination
The term ''affirmative dumping determination'' means --
(A) any affirmative final determination made by the administering
authority under section 1673d(a) of this title during the 8-year period
preceding the filing of the petition under this section that results in
the issuance of an antidumping duty order under section 1673e of this
title which requires the deposit of estimated antidumping duties at a
rate of not less than 15 percent ad valorem, or
(B) any affirmative preliminary determination that --
(i) is made by the administering authority under section 1673b(b) of
this title during the 8-year period preceding the filing of the petition
under this section in the course of an investigation for which no final
determination is made under section 1673d of this title by reason of a
suspension of the investigation under section 1673c of this title, and
(ii) includes a determination that the estimated average amount by
which the foreign market value of the merchandise exceeds the United
States price of the merchandise is not less than 15 percent ad valorem.
(3) Subject of affirmative dumping determination
(A) In general
Short life cycle merchandise of a manufacturer shall be treated as
being the subject of an affirmative dumping determination only if the
administering authority --
(i) makes a separate determination of the amount by which the foreign
market value of such merchandise of the manufacturer exceeds the United
States price of such merchandise of the manufacturer, and
(ii) specifically identifies the manufacturer by name with such
amount in the affirmative dumping determination or in an antidumping
duty order issued as a result of the affirmative dumping determination.
(B) Exclusion
Short life cycle merchandise of a manufacturer shall not be treated
as being the subject of an affirmative dumping determination if --
(i) such merchandise of the manufacturer is part of a group of
merchandise to which the administering authority assigns (in lieu of
making separate determinations described in subparagraph (A)(i)(I)) an
amount determined to be the amount by which the foreign market value of
the merchandise in such group exceeds the United States price of the
merchandise in such group, and
(ii) the merchandise and the manufacturer are not specified by name
in the affirmative dumping determination or in any antidumping duty
order issued as a result of such affirmative dumping determination.
(4) Short life cycle merchandise
The term ''short life cycle merchandise'' means any product that the
Commission determines is likely to become outmoded within 4 years, by
reason of technological advances, after the product is commercially
available. For purposes of this paragraph, the term ''outmoded'' refers
to a kind of style that is no longer state-of-the-art.
(c) Transitional rules
(1) For purposes of this section and section 1673b(b)(1)(B) and (C)
of this title, all affirmative dumping determinations described in
subsection (b)(2)(A) of this section that were made after December 31,
1980, and before August 23, 1988, and all affirmative dumping
determinations described in subsection (b)(2)(B) of this section that
were made after December 31, 1984, and before August 23, 1988, with
respect to each category of short life cycle merchandise of the same
manufacturer shall be treated as one affirmative dumping determination
with respect to that category for that manufacturer which was made on
the date on which the latest of such determinations was made.
(2) No affirmative dumping determination that --
(A) is described in subsection (b)(2)(A) of this section and was made
before January 1, 1981, or
(B) is described in subsection (b)(2)(B) of this section and was made
before January 1, 1985,
may be taken into account under this section or section
1673b(b)(1)(B) and (C) of this title.
(June 17, 1930, ch. 497, title VII, 739, as added Aug. 23, 1988,
Pub. L. 100-418, title I, 1323(a), 102 Stat. 1195; amended Aug. 20,
1990, Pub. L. 101-382, title I, 139(a)(2), 104 Stat. 653.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(1)(B)(v), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
A prior section, act June 17, 1930, ch. 497, title VII, 739, as
added July 26, 1979, Pub. L. 96-39, title I, 101, 93 Stat. 174, which
related to duties of customs officers, was repealed by Pub. L. 98-573,
title VI, 610(a), Oct. 30, 1984, 98 Stat. 3031.
1990 -- Subsec. (a)(1)(B)(v). Pub. L. 101-382 substituted
''Harmonized Tariff Schedule'' for ''Tariff Schedules''.
19 USC 1673i. Repealed. Pub. L. 98-573, title VI, 622(a)(1), Oct.
30, 1984, 98 Stat. 3039
TITLE 19 -- CUSTOMS DUTIES
Section, act June 17, 1930, ch. 497, title VII, 740, as added July
26, 1979, Pub. L. 96-39, title I, 101, 93 Stat. 175, provided that
the antidumping duty imposed by section 1673 of this title was to be
treated as a normal customs duty for drawback purposes. See section
1677h of this title.
Section repealed effective Oct. 30, 1984, see section 626(a) of Pub.
L. 98-573, set out as an Effective Date of 1984 Amendment note under
section 1671 of this title.
19 USC Part III -- Reviews; Other Actions Regarding Agreements
TITLE 19 -- CUSTOMS DUTIES
The designation ''Part III'' was in the original ''Subtitle C'' and
was editorially changed in order to conform the numbering format of this
subtitle to the usages employed in the codification of the remainder of
the Tariff Act of 1930 as originally enacted.
19 USC subpart a -- review of amount of duty and agreements other than
quantitative restriction agreements
TITLE 19 -- CUSTOMS DUTIES
19 USC 1675. Administrative review of determinations
TITLE 19 -- CUSTOMS DUTIES
(a) Periodic review of amount of duty
(1) In general
At least once during each 12-month period beginning on the
anniversary of the date of publication of a countervailing duty order
under this subtitle or under section 1303 of this title, an antidumping
duty order under this subtitle or a finding under the Antidumping Act,
1921, or a notice of the suspension of an investigation, the
administering authority, if a request for such a review has been
received and after publication of notice of such review in the Federal
Register, shall --
(A) review and determine the amount of any net subsidy,
(B) review, and determine (in accordance with paragraph (2)), the
amount of any antidumping duty, and
(C) review the current status of, and compliance with, any agreement
by reason of which an investigation was suspended, and review the amount
of any net subsidy or margin of sales at less than fair value involved
in the agreement,
and shall publish the results of such review, together with notice of
any duty to be assessed, estimated duty to be deposited, or
investigation to be resumed in the Federal Register.
(2) Determination of antidumping duties
For the purpose of paragraph (1)(B), the administering authority
shall determine --
(A) the foreign market value and United States price of each entry of
merchandise subject to the antidumping duty order and included within
that determination, and
(B) the amount, if any, by which the foreign market value of each
such entry exceeds the United States price of the entry.
The administering authority, without revealing confidential
information, shall publish notice of the results of the determination of
antidumping duties in the Federal Register, and that determination shall
be the basis for the assessment of antidumping duties on entries of the
merchandise included within the determination and for deposits of
estimated duties.
(b) Review upon information or request
(1) In general
Whenever the administering authority or the Commission receives
information concerning, or a request for the review of, an agreement
accepted under section 1671c of this title (other than a quantitative
restriction agreement described in subsection (a)(2) or (c)(3)) or 1673c
of this title (other than a quantitative restriction agreement described
in subsection (a)(2)) or an affirmative determination made under section
1671c(h)(2), 1671d(a), 1671d(b), 1673c(h)(2), 1673d(a), 1673d(b),
1676a(a)(1), or 1676a(a)(2) of this title, which shows changed
circumstances sufficient to warrant a review of such determination, it
shall conduct such a review after publishing notice of the review in the
Federal Register. In reviewing its determination under section
1671c(h)(2) or 1673c(h)(2) of this title, the Commission shall consider
whether, in the light of changed circumstances, an agreement accepted
under section 1671c(c) or 1673c(c) of this title continues to eliminate
completely the injurious effects of imports of the merchandise. During
an investigation by the Commission, the party seeking revocation of an
antidumping or countervailing duty order shall have the burden of
persuasion with respect to whether there are changed circumstances
sufficient to warrant revocation of the antidumping or countervailing
duty order.
(2) Limitation on period for review
In the absence of good cause shown --
(A) the Commission may not review a determination under section
1671d(b) or 1673d(b) of this title, and
(B) the administering authority may not review a determination under
section 1671d(a) or 1673d(a) of this title, or the suspension of an
investigation suspended under section 1671c or 1673c of this title,
less than 24 months after the date of publication of notice of that
determination or suspension.
(c) Revocation of countervailing duty order or antidumping duty order
The administering authority may revoke, in whole or in part, a
countervailing duty order or an antidumping duty order, or terminate a
suspended investigation, after review under this section. The
administering authority shall not revoke, in whole or in part, a
countervailing duty order or terminate a suspended investigation on the
basis of any export taxes, duties, or other charges levied on the export
of merchandise to the United States specifically intended to offset the
subsidy received. Any such revocation or termination shall apply with
respect to unliquidated entries of merchandise entered, or withdrawn
from warehouse, for consumption on and after a date determined by the
administering authority.
(d) Hearings
Whenever the administering authority or the Commission conducts a
review under this section it shall, upon the request of any interested
party, hold a hearing in accordance with section 1677c(b) of this title
in connection with that review.
(e) Determination that basis for suspension no longer exists
If the determination of the Commission under the last sentence of
subsection (b)(1) of this section is negative, the agreement shall be
treated as not accepted, beginning on the date of the publication of the
Commission's determination, and the administering authority and the
Commission shall proceed, under section 1671c(i) or 1673c(i) of this
title, as if the agreement had been violated on that date, except that
no duty under any order subsequently issued shall be assessed on
merchandise entered, or withdrawn from warehouse, for consumption before
that date.
(f) Correction of ministerial errors
The administering authority shall establish procedures for the
correction of ministerial errors in final determinations within a
reasonable time after the determinations are issued under this section.
Such procedures shall ensure opportunity for interested parties to
present their views regarding any such errors. As used in this
subsection, the term 'ministerial error' includes errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type of
unintentional error which the administering authority considers
ministerial.
(June 17, 1930, ch. 497, title VII, 751, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 175; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 611(a)(2), (3), 98 Stat. 3031; Oct. 22, 1986,
Pub. L. 99-514, title XVIII, 1886(a)(8), 100 Stat. 2922; Aug. 23,
1988, Pub. L. 100-418, title I, 1333(b), 102 Stat. 1209.)
The Antidumping Act, 1921, referred to in subsec. (a)(1), is act May
27, 1921, ch. 14, title II, 42 Stat. 11, as amended, which was
classified generally to sections 160 to 171 of this title, and was
repealed by Pub. L. 96-39, title I, 106(a), July 26, 1979, 93 Stat.
193.
1988 -- Subsec. (f). Pub. L. 100-418 added subsec. (f).
1986 -- Subsec. (b)(1). Pub. L. 99-514 inserted ''or countervailing
duty'' after ''antidumping'' in two places in last sentence.
1984 -- Subsec. (a)(1). Pub. L. 98-573, 611(a)(2)(A), inserted ''if
a request for such a review has been received and'' in provisions
preceding subpar. (A).
Subsec. (b)(1). Pub. L. 98-573, 611(a)(2)(B), substituted ''1671c of
this title (other than a quantitative restriction agreement described in
subsection (a)(2) or (c)(3)) or 1673c of this title (other than a
quantitative restriction agreement described in subsection (a)(2))'' for
''1671c or 1673c of this title'', inserted reference to section
1676a(a)(1) or 1676a(a)(2) of this title, and inserted provision that
during an investigation by the Commission, the party seeking revocation
of an antidumping order shall have the burden of persuasion with respect
to whether there are changed circumstances sufficient to warrant
revocation of the antidumping order.
Subsec. (c). Pub. L. 98-573, 611(a)(3), inserted provision that the
administering authority shall not revoke, in whole or in part, a
countervailing duty order or terminate a suspended investigation on the
basis of any export taxes, duties, or other charges levied on the export
of merchandise to the United States specifically intended to offset the
subsidy received.
Amendment by Pub. L. 98-573 applicable with respect to
investigations initiated by petition or by the administering authority
under parts I and II of this subtitle, and to reviews begun under
section 1675 of this title, on or after Oct. 30, 1984, see section
626(b)(1) of Pub. L. 98-573, as amended, set out as a note under
section 1671 of this title.
Part effective Jan. 1, 1980, see section 107 of Pub. L. 96-39, set
out as a note under section 1671 of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
19 USC subpart b -- consultations and determinations regarding
quantitative restriction agreements
TITLE 19 -- CUSTOMS DUTIES
19 USC 1676. Required consultations
TITLE 19 -- CUSTOMS DUTIES
(a) Agreements in response to subsidies
Within 90 days after the administering authority accepts a
quantitative restriction agreement under section 1671c(a)(2) or (c)(3)
of this title, the President shall enter into consultations with the
government that is party to the agreement for purposes of --
(1) eliminating the subsidy completely, or
(2) reducing the net subsidy to a level that eliminates completely
the injurious effect of exports to the United States of the merchandise.
(b) Modification of agreements on basis of consultations
At the direction of the President, the administering authority shall
modify a quantitative restriction agreement as a result of consultations
entered into under subsection (a) of this section.
(c) Special rule regarding agreements under section 1671c(c)(3) of
this title
This chapter shall cease to apply to a quantitative restriction
agreement described in section 1671c(c)(3) of this title at such time as
that agreement ceases to have force and effect under section 1671c(f) of
this title or violation is found under section 1671c(i) of this title.
(June 17, 1930, ch. 497, title VII, 761, as added Oct. 30, 1984,
Pub. L. 98-573, title VI, 611(a)(4), 98 Stat. 3031.)
Section applicable with respect to investigations initiated by
petition or by the administering authority under parts I and II of this
subtitle, and to reviews begun under section 1675 of this title, on or
after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98-573, as
amended, set out as an Effective Date of 1984 Amendment note under
section 1671 of this title.
19 USC 1676a. Required determinations
TITLE 19 -- CUSTOMS DUTIES
(a) In general
Before the expiration date, if any, of a quantitative restriction
agreement accepted under section 1671c(a)(2) or 1671c(c)(3) of this
title (if suspension of the related investigation is still in effect) --
(1) the administering authority shall, at the direction of the
President, initiate a proceeding to determine whether any subsidy is
being provided with respect to the merchandise subject to the agreement
and, if being so provided, the net subsidy; and
(2) if the administering authority initiates a proceeding under
paragraph (1), the Commission shall determine whether imports of the
merchandise of the kind subject to the agreement will, upon termination
of the agreement, materially injure, or threaten with material injury,
an industry in the United States or materially retard the establishment
of such an industry.
(b) Determinations
The determinations required to be made by the administering authority
and the Commission under subsection (a) of this section shall be made
under such procedures as the administering authority and the Commission,
respectively, shall by regulation prescribe, and shall be treated as
final determinations made under section 1671d of this title for purposes
of judicial review under section 1516a of this title. If the
determinations by each are affirmative, the administering authority
shall --
(1) issue a countervailing duty order under section 1671e of this
title effective with respect to merchandise entered on and after the
date on which the agreement terminates; and
(2) order the suspension of liquidation of all entries of merchandise
subject to the order which are entered, or withdrawn from warehouse for
consumption, on or after the date of publication of the order in the
Federal Register.
(c) Hearings
The determination proceedings required to be prescribed under
subsection (b) of this section shall provide that the administering
authority and the Commission must, upon the request of any interested
party, hold a hearing in accordance with section 1677c of this title on
the issues involved.
(June 17, 1930, ch. 497, title VII, 762, as added Oct. 30, 1984,
Pub. L. 98-573, title VI, 611(a)(4), 98 Stat. 3032.)
Section applicable with respect to investigations initiated by
petition or by the administering authority under parts I and II of this
subtitle, or reviews begun under section 1675 of this title, on or after
Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98-573, as amended,
set out as an Effective Date of 1984 Amendment note under section 1671
of this title.
19 USC Part IV -- General Provisions
TITLE 19 -- CUSTOMS DUTIES
The designation ''Part IV'' was in the original ''Subtitle D'' and
was editorially changed in order to conform the numbering format of this
subtitle to the usages employed in the codification of the remainder of
the Tariff Act of 1930 as originally enacted.
19 USC 1677. Definitions; special rules
TITLE 19 -- CUSTOMS DUTIES
For purposes of this subtitle --
(1) Administering authority
The term ''administering authority'' means the Secretary of the
Treasury, or any other officer of the United States to whom the
responsibility for carrying out the duties of the administering
authority under this subtitle are transferred by law.
(2) Commission
The term ''Commission'' means the United States International Trade
Commission.
(3) Country
The term ''country'' means a foreign country, a political
subdivision, dependent territory, or possession of a foreign country,
and, except for the purpose of antidumping proceedings, may include an
association of 2 or more foreign countries, political subdivisions,
dependent territories, or possessions of countries into a customs union
outside the United States.
(4) Industry
(A) In general
The term ''industry'' means the domestic producers as a whole of a
like product, or those producers whose collective output of the like
product constitutes a major proportion of the total domestic production
of that product; except that in the case of wine and grape products
subject to investigation under this subtitle, the term also means the
domestic producers of the principal raw agricultural product (determined
on either a volume or value basis) which is included in the like
domestic product, if those producers allege material injury, or threat
of material injury, as a result of imports of such wine and grape
products.
(B) Related parties
When some producers are related to the exporters or importers, or are
themselves importers of the allegedly subsidized or dumped merchandise,
the term ''industry'' may be applied in appropriate circumstances by
excluding such producers from those included in that industry.
(C) Regional industries
In appropriate circumstances, the United States, for a particular
product market, may be divided into 2 or more markets and the producers
within each market may be treated as if they were a separate industry if
--
(i) the producers within such market sell all or almost all of their
production of the like product in question in that market, and
(ii) the demand in that market is not supplied, to any substantial
degree, by producers of the product in question located elsewhere in the
United States.
In such appropriate circumstances, material injury, the threat of
material injury, or material retardation of the establishment of an
industry may be found to exist with respect to an industry even if the
domestic industry as a whole, or those producers whose collective output
of a like product constitutes a major proportion of the total domestic
production of that product, is not injured, if there is a concentration
of subsidized or dumped imports into such an isolated market and if the
producers of all, or almost all, of the production within that market
are being materially injured or threatened by material injury, or if the
establishment of an industry is being materially retarded, by reason of
the subsidized or dumped imports.
(D) Product lines
The effect of subsidized or dumped imports shall be assessed in
relation to the United States production of a like product if available
data permit the separate identification of production in terms of such
criteria as the production process or the producer's profits. If the
domestic production of the like product has no separate identity in
terms of such criteria, then the effect of the subsidized or dumped
imports shall be assessed by the examination of the production of the
narrowest group or range of products, which includes a like product, for
which the necessary information can be provided.
(E) Industry producing processed agricultural products
(i) In general
Subject to clause (v), in an investigation involving a processed
agricultural product produced from any raw agricultural product, the
producers or growers of the raw agricultural product may be considered
part of the industry producing the processed product if --
(I) the processed agricultural product is produced from the raw
agricultural product through a single continuous line of production;
and
(II) there is a substantial coincidence of economic interest between
the producers or growers of the raw agricultural product and the
processors of the processed agricultural product based upon relevant
economic factors, which may, in the discretion of the Commission,
include price, added market value, or other economic interrelationships
(regardless of whether such coincidence of economic interest is based
upon any legal relationship).
(ii) Processing
For purposes of this subparagraph, the processed agricultural product
shall be considered to be processed from a raw agricultural product
through a single continuous line of production if --
(I) the raw agricultural product is substantially or completely
devoted to the production of the processed agricultural product; and
(II) the processed agricultural product is produced substantially or
completely from the raw product.
(iii) Relevant economic factors
For purposes of clause (i)(II), in addition to such other factors it
considers relevant to the question of coincidence of economic interest,
the Commission shall --
(I) if price is taken into account, consider the degree of
correlation between the price of the raw agricultural product and the
price of the processed agricultural product; and
(II) if added market value is taken into account, consider whether
the value of the raw agricultural product constitutes a significant
percentage of the value of the processed agricultural product.
(iv) Raw agricultural product
For purposes of this subparagraph, the term ''raw agricultural
product'' means any farm or fishery product.
(v) Termination of this subparagraph
This subparagraph shall cease to have effect if the United States
Trade Representative notifies the administering authority and the
Commission that the application of this subparagraph is inconsistent
with the international obligations of the United States.
(5) Subsidy
(A) In general
The term ''subsidy'' has the same meaning as the term ''bounty or
grant'' as that term is used in section 1303 of this title, and
includes, but is not limited to, the following:
(i) Any export subsidy described in Annex A to the Agreement
(relating to illustrative list of export subsidies).
(ii) The following domestic subsidies, if provided or required by
government action to a specific enterprise or industry, or group of
enterprises or industries, whether publicly or privately owned and
whether paid or bestowed directly or indirectly on the manufacture,
production, or export of any class or kind of merchandise:
(I) The provision of capital, loans, or loan guarantees on terms
inconsistent with commercial considerations.
(II) The provision of goods or services at preferential rates.
(III) The grant of funds or forgiveness of debt to cover operating
losses sustained by a specific industry.
(IV) The assumption of any costs or expenses of manufacture,
production, or distribution.
(B) Special rule
In applying subparagraph (A), the administering authority, in each
investigation, shall determine whether the bounty, grant, or subsidy in
law or in fact is provided to a specific enterprise or industry, or
group of enterprises or industries. Nominal general availability, under
the terms of the law, regulation, program, or rule establishing a
bounty, grant, or subsidy, of the benefits thereunder is not a basis for
determining that the bounty, grant, or subsidy is not, or has not been,
in fact provided to a specific enterprise or industry, or group thereof.
(6) Net subsidy
For the purpose of determining the net subsidy, the administering
authority may subtract from the gross subsidy the amount of --
(A) any application fee, deposit, or similar payment paid in order to
qualify for, or to receive, the benefit of the subsidy,
(B) any loss in the value of the subsidy resulting from its deferred
receipt, if the deferral is mandated by Government order, and
(C) export taxes, duties, or other charges levied on the export of
merchandise to the United States specifically intended to offset the
subsidy received.
(7) Material injury
(A) In general
The term ''material injury'' means harm which is not inconsequential,
immaterial, or unimportant.
(B) Volume and consequent impact
In making determinations under sections 1671b(a), 1671d(b), 1673b(a),
and 1673d(b) of this title, the Commission, in each case --
(i) shall consider --
(I) the volume of imports of the merchandise which is the subject of
the investigation,
(II) the effect of imports of that merchandise on prices in the
United States for like products, and
(III) the impact of imports of such merchandise on domestic producers
of like products, but only in the context of production operations
within the United States; and
(ii) may consider such other economic factors as are relevant to the
determination regarding whether there is material injury by reason of
imports.
In the notification required under section 1671d(d) or 1673d(d) of
this title, as the case may be, the Commission shall explain its
analysis of each factor considered under clause (i), and identify each
factor considered under clause (ii) and explain in full its relevance to
the determination.
(C) Evaluation of relevant factors
For purposes of subparagraph (B) --
(i) Volume
In evaluating the volume of imports of merchandise, the Commission
shall consider whether the volume of imports of the merchandise, or any
increase in that volume, either in absolute terms or relative to
production or consumption in the United States, is significant.
(ii) Price
In evaluating the effect of imports of such merchandise on prices,
the Commission shall consider whether --
(I) there has been significant price underselling by the imported
merchandise as compared with the price of like products of the United
States, and
(II) the effect of imports of such merchandise otherwise depresses
prices to a significant degree or prevents price increases, which
otherwise would have occurred, to a significant degree.
(iii) Impact on affected domestic industry
In examining the impact required to be considered under subparagraph
(B)(iii), the Commission shall evaluate all relevant economic factors
which have a bearing on the state of the industry in the United States,
including, but not limited to --
(I) actual and potential decline in output, sales, market share,
profits, productivity, return on investments, and utilization of
capacity,
(II) factors affecting domestic prices,
(III) actual and potential negative effects on cash flow,
inventories, employment, wages, growth, ability to raise capital, and
investment, and
(IV) actual and potential negative effects on the existing
development and production efforts of the domestic industry, including
efforts to develop a derivative or more advanced version of the like
product.
The Commission shall evaluate all relevant economic factors
described in this clause within the context of the business cycle and
conditions of competition that are distinctive to the affected industry.
(iv) Cumulation
For purposes of clauses (i) and (ii) and subject to subclause (II),
the Commission shall cumulatively assess the volume and effect of
imports from two or more countries of like products subject to
investigation if such imports compete with each other and with like
products of the domestic industry in the United States market.
Solely for purposes of determining material injury, or the threat
thereof, by reason of imports which are products of a country designated
as a beneficiary country under the Caribbean Basin Economic Recovery Act
(19 U.S.C. 2701 et seq.), the volume and effect of imports from such
country may only be cumulatively assessed with imports of like products
from one or more other countries designated as beneficiary countries.
(v) Treatment of negligible imports
The Commission is not required to apply clause (iv) or subparagraph
(F)(iv) in any case in which the Commission determines that imports of
the merchandise subject to investigation are negligible and have no
discernable adverse impact on the domestic industry. For purposes of
making such determination, the Commission shall evaluate all relevant
economic factors regarding the imports, including, but not limited to,
whether --
(I) the volume and market share of the imports are negligible,
(II) sales transactions involving the imports are isolated and
sporadic, and
(III) the domestic market for the like product is price sensitive by
reason of the nature of the product, so that a small quantity of imports
can result in price suppression or depression.
For purposes of this clause, the Commission may treat as
negligible and having no discernable adverse impact on the domestic
industry imports that are the product of any country that is a party to
a free trade area agreement with the United States which entered into
force and effect before January 1, 1987, if the Commission determines
that the domestic industry is not being materially injured by reason of
such imports.
(D) Special rules for agricultural products
(i) The Commission shall not determine that there is no material
injury or threat of material injury to United States producers of an
agricultural commodity merely because the prevailing market price is at
or above the minimum support price.
(ii) In the case of agricultural products, the Commission shall
consider any increased burden on government income or price support
programs.
(E) Special rules
For purposes of this paragraph --
(i) Nature of subsidy
In determining whether there is a threat of material injury, the
Commission shall consider such information as may be presented to it by
the administering authority as to the nature of the subsidy
(particularly as to whether the subsidy is an export subsidy
inconsistent with the Agreement) provided by a foreign country and the
effects likely to be caused by the subsidy.
(ii) Standard for determination
The presence or absence of any factor which the Commission is
required to evaluate under subparagraph (C) or (D) shall not necessarily
give decisive guidance with respect to the determination by the
Commission of material injury.
(F) Threat of material injury
(i) In general
In determining whether an industry in the United States is threatened
with material injury by reason of imports (or sales for importation) of
the merchandise, the Commission shall consider, among other relevant
economic factors --
(I) If /1/ a subsidy is involved, such information as may be
presented to it by the administering authority as to the nature of the
subsidy (particularly as to whether the subsidy is an export subsidy
inconsistent with the Agreement),
(II) any increase in production capacity or existing unused capacity
in the exporting country likely to result in a significant increase in
imports of the merchandise to the United States,
(III) any rapid increase in United States market penetration and the
likelihood that the penetration will increase to an injurious level,
(IV) the probability that imports of the merchandise will enter the
United States at prices that will have a depressing or suppressing
effect on domestic prices of the merchandise,
(V) any substantial increase in inventories of the merchandise in the
United States,
(VI) the presence of underutilized capacity for producing the
merchandise in the exporting country,
(VII) any other demonstrable adverse trends that indicate the
probability that the importation (or sale for importation) of the
merchandise (whether or not it is actually being imported at the time)
will be the cause of actual injury,
(VIII) the potential for product-shifting if production facilities
owned or controlled by the foreign manufacturers, which can be used to
produce products subject to investigation(s) under section 1671 or 1673
of this title or to final orders under section 1671e or 1673e of this
title, are also used to produce the merchandise under investigation,
(IX) in any investigation under this subtitle which involves imports
of both a raw agricultural product (within the meaning of paragraph
(4)(E)(iv)) and any product processed from such raw agricultural
product, the likelihood that there will be increased imports, by reason
of product shifting, if there is an affirmative determination by the
Commission under section 1671d(b)(1) or 1673d(b)(1) of this title with
respect to either the raw agricultural product or the processed
agricultural product (but not both) /2/
(X) the actual and potential negative effects on the existing
development and production efforts of the domestic industry, including
efforts to develop a derivative or more advanced version of the like
product.
(ii) Basis for determination
Any determination by the Commission under this subtitle that an
industry in the United States is threatened with material injury shall
be made on the basis of evidence that the threat of material injury is
real and that actual injury is imminent. Such a determination may not
be made on the basis of mere conjecture or supposition.
(iii) Effect of dumping in third-country markets
In investigations under part II of this subtitle, the Commission
shall consider whether dumping in the markets of foreign countries (as
evidenced by dumping findings or antidumping remedies in other GATT
member markets against the same class or kind of merchandise
manufactured or exported by the same party as under investigation)
suggests a threat of material injury to the domestic industry. In the
course of its investigation, the Commission shall request information
from the foreign manufacturer, exporter, or United States importer
concerning this issue.
For purposes of this clause, the term ''GATT member market'' means
the market of any country which is a signatory to The Agreement on
Implementation of Article VI of the General Agreement on Tariffs and
Trade (relating to antidumping measures).
For purposes of this clause, the European Communities shall be
treated as a foreign country.
(iv) Cumulation
To the extent practicable and subject to subparagraph (C)(iv)(II) and
(v), for purposes of clause (i)(III) and (IV) the Commission may
cumulatively assess the volume and price effects of imports from two or
more countries if such imports --
(I) compete with each other, and with like products of the domestic
industry, in the United States market, and
(II) are subject to any investigation under section 1303, 1671, or
1673 of this title.
(8) Agreement on subsidies and countervailing measures; agreement
The terms ''Agreement on Subsidies and Countervailing Measures'' and
''Agreement'' mean the Agreement on Interpretation and Application of
Articles VI, XVI, and XXIII of the General Agreement on Tariffs and
Trade (relating to subsidies and countervailing measures) approved under
section 2503(a) of this title.
(9) Interested party
The term ''interested party'' means --
(A) a foreign manufacturer, producer, or exporter, or the United
States importer, of merchandise which is the subject of an investigation
under this subtitle or a trade or business association a majority of the
members of which are importers of such merchandise,
(B) the government of a country in which such merchandise is produced
or manufactured,
(C) a manufacturer, producer, or wholesaler in the United States of a
like product,
(D) a certified union or recognized union or group of workers which
is representative of an industry engaged in the manufacture, production,
or wholesale in the United States of a like product,
(E) a trade or business association a majority of whose members
manufacture, produce, or wholesale a like product in the United States,
(F) an association, a majority of whose members is composed of
interested parties described in subparagraph (C), (D), or (E) with
respect to a like product, and
(G) in any investigation under this subtitle involving an industry
engaged in producing a processed agricultural product, as defined in
paragraph (4)(E), a coalition or trade association which is
representative of either --
(i) processors,
(ii) processors and producers, or
(iii) processors and growers,
but this subparagraph shall cease to have effect if the United States
Trade Representative notifies the administering authority and the
Commission that the application of this subparagraph is inconsistent
with the international obligations of the United States.
(10) Like product
The term ''like product'' means a product which is like, or in the
absence of like, most similar in characteristics and uses with, the
article subject to an investigation under this subtitle.
(11) Affirmative determinations by divided commission
If the Commissioners voting on a determination by the Commission are
evenly divided as to whether the determination should be affirmative or
negative, the Commission shall be deemed to have made an affirmative
determination. For the purpose of applying this paragraph when the
issue before the Commission is to determine whether there is --
(A) material injury to an industry in the United States,
(B) threat of material injury to such an industry, or
(C) material retardation of the establishment of an industry in the
United States,
by reason of imports of the merchandise, an affirmative vote on any
of the issues shall be treated as a vote that the determination should
be affirmative.
(12) Attribution of merchandise to country of manufacture or
production
For purposes of part I of this subtitle, merchandise shall be treated
as the product of the country in which it was manufactured or produced
without regard to whether it is imported directly from that country and
without regard to whether it is imported in the same condition as when
exported from that country or in a changed condition by reason of
remanufacture or otherwise.
(13) Exporter
For the purpose of determining United States price, the term
''exporter'' includes the person by whom or for whose account the
merchandise is imported into the United States if --
(A) such person is the agent or principal of the exporter,
manufacturer, or producer;
(B) such person owns or controls, directly or indirectly, through
stock ownership or control or otherwise, any interest in the business of
the exporter, manufacturer, or producer;
(C) the exporter, manufacturer, or producer owns or controls,
directly or indirectly, through stock ownership or control or otherwise,
any interest in any business conducted by such person; or
(D) any person or persons, jointly or severally, directly or
indirectly, through stock ownership or control or otherwise, own or
control in the aggregate 20 percent or more of the voting power or
control in the business carried on by the person by whom or for whose
account the merchandise is imported into the United States, and also 20
percent or more of such power or control in the business of the
exporter, manufacturer, or producer.
(14) Sold or, in the absence of sales, offered for sale
The term ''sold or, in the absence of sales, offered for sale'' means
sold or, in the absence of sales, offered --
(A) to all purchasers in commercial quantities, or
(B) in the ordinary course of trade to one or more selected
purchasers in commercial quantities at a price which fairly reflects the
market value of the merchandise,
without regard to restrictions as to the disposition or use of the
merchandise by the purchaser except that, where such restrictions are
found to affect the market value of the merchandise, adjustment shall be
made therefor in calculating the price at which the merchandise is sold
or offered for sale.
(15) Ordinary course of trade
The term ''ordinary course of trade'' means the conditions and
practices which, for a reasonable time prior to the exportation of the
merchandise which is the subject of an investigation, have been normal
in the trade under consideration with respect to merchandise of the same
class or kind.
(16) Such or similar merchandise
The term ''such or similar merchandise'' means merchandise in the
first of the following categories in respect of which a determination
for the purposes of part II of this subtitle can be satisfactorily made:
(A) The merchandise which is the subject of an investigation and
other merchandise which is identical in physical characteristics with,
and was produced in the same country by the same person as, that
merchandise.
(B) Merchandise --
(i) produced in the same country and by the same person as the
merchandise which is the subject of the investigation,
(ii) like that merchandise in component material or materials and in
the purposes for which used, and
(iii) approximately equal in commercial value to that merchandise.
(C) Merchandise --
(i) produced in the same country and by the same person and of the
same general class or kind as the merchandise which is the subject of
the investigation,
(ii) like that merchandise in the purposes for which used, and
(iii) which the administering authority determines may reasonably be
compared with that merchandise.
(17) Usual commercial quantities
The term ''usual commercial quantities'', in any case in which the
merchandise which is the subject of the investigation is sold in the
market under consideration at different prices for different quantities,
means the quantities in which such merchandise is there sold at the
price or prices for one quantity in an aggregate volume which is greater
than the aggregate volume sold at the price or prices for any other
quantity.
(18) /3/ Nonmarket economy country
(A) In general
The term ''nonmarket economy country'' means any foreign country that
the administering authority determines does not operate on market
principles of cost or pricing structures, so that sales of merchandise
in such country do not reflect the fair value of the merchandise.
(B) Factors to be considered
In making determinations under subparagraph (A) the administering
authority shall take into account --
(i) the extent to which the currency of the foreign country is
convertible into the currency of other countries; /4/
(ii) the extent to which wage rates in the foreign country are
determined by free bargaining between labor and management,
(iii) the extent to which joint ventures or other investments by
firms of other foreign countries are permitted in the foreign country,
(iv) the extent of government ownership or control of the means of
production,
(v) the extent of government control over the allocation of resources
and over the price and output decisions of enterprises, and
(vi) such other factors as the administering authority considers
appropriate.
(C) Determination in effect
(i) Any determination that a foreign country is a nonmarket economy
country shall remain in effect until revoked by the administering
authority.
(ii) The administering authority may make a determination under
subparagraph (A) with respect to any foreign country at any time.
(D) Determinations not in issue
Notwithstanding any other provision of law, any determination made by
the administering authority under subparagraph (A) shall not be subject
to judicial review in any investigation conducted under part II of this
subtitle.
(E) Collection of information
Upon request by the administering authority, the Commissioner of
Customs shall provide the administering authority a copy of all public
and proprietary information submitted to, or obtained by, the
Commissioner of Customs that the administering authority considers
relevant to proceedings involving merchandise from nonmarket economy
countries. The administering authority shall protect proprietary
information obtained under this section from public disclosure in
accordance with section 1677f of this title.
(19) Equivalency of leases to sales
In determining whether a lease is equivalent to a sale for purposes
of this subtitle, the administering authority shall consider --
(A) the terms of the lease,
(B) commercial practice within the industry,
(C) the circumstances of the transaction,
(D) whether the product subject to the lease is integrated into the
operations of the lessee or importer,
(E) whether in practice there is a likelihood that the lease will be
continued or renewed for a significant period of time, and
(F) other relevant factors, including whether the lease transaction
would permit avoidance of antidumping or countervailing duties.
(20) Application to governmental importations
(A) In general
Except as otherwise provided by this paragraph, merchandise imported
by, or for the use of, a department or agency of the United States
Government (including merchandise provided for under chapter 98 of the
Harmonized Tariff Schedule of the United States) is subject to the
imposition of countervailing duties or antidumping duties under this
subtitle or section 1303 of this title.
(B) Exceptions
Merchandise imported by, or for the use of, the Department of Defense
shall not be subject to the imposition of countervailing or antidumping
duties under this subtitle if --
(i) the merchandise is acquired by, or for use of, such Department --
(I) from a country with which such Department had a Memorandum of
Understanding which was in effect on January 1, 1988, and has continued
to have a comparable agreement (including renewals) or superceding
agreements, and
(II) in accordance with terms of the Memorandum of Understanding in
effect at the time of importation, or
(ii) the merchandise has no substantial nonmilitary use.
(18) /5/ United States-Canada Agreement
The term ''United States-Canada Agreement'' means the United
States-Canada Free-Trade Agreement.
(June 17, 1930, ch. 497, title VII, 771, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 176; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 612(a), 98 Stat. 3033; Oct. 22, 1986, Pub. L.
99-514, title XVIII, 1886(a)(9), 100 Stat. 2922; Aug. 23, 1988, Pub.
L. 100-418, title I, 1312, 1316(b), 1326(a)-(c), 1327-1330, 1335, 102
Stat. 1184, 1187, 1203-1206, 1210; Sept. 28, 1988, Pub. L. 100-449,
title IV, 403(d), 102 Stat. 1887; Nov. 10, 1988, Pub. L. 100-647,
title IX, 9001(a)(5), 102 Stat. 3807; Aug. 20, 1990, Pub. L. 101-382,
title I, 139(a)(3), title II, 224(a), (b), 104 Stat. 653, 659, 660.)
The Caribbean Basin Economic Recovery Act, referred to in par.
(7)(C)(iv)(II), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat.
384, as amended, which is classified principally to chapter 15 ( 2701 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2701 of this title and
Tables.
The Harmonized Tariff Schedule of the United States, referred to in
par. (20)(A), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
1990 -- Par. (7)(C)(iv). Pub. L. 101-382, 224(a), amended cl. (iv)
generally. Prior to amendment, cl. (iv) read as follows: ''For
purposes of clauses (i) and (ii), the Commission shall cumulatively
assess the volume and effect of imports from two or more countries of
like products subject to investigation if such imports compete with each
other and with like products of the domestic industry in the United
States market.''
Par. (7)(F)(iv). Pub. L. 101-382, 224(b), substituted ''(C)(iv)(II)
and (v)'' for ''(C)(v)''.
Par. (20)(A). Pub. L. 101-382, 139(a)(3), substituted ''chapter 98
of the Harmonized Tariff Schedule'' for ''schedule 8 of the Tariff
Schedules''.
1988 -- Par. (4)(E). Pub. L. 100-418, 1326(a), added subpar. (E).
Par. (5). Pub. L. 100-418, 1312, amended par. (5) generally. Prior
to amendment, par. (5) read as follows: ''The term 'subsidy' has the
same meaning as the term 'bounty or grant' as that term is used in
section 1303 of this title, and includes, but is not limited to, the
following:
''(A) Any export subsidy described in Annex A to the Agreement
(relating to illustrative list of export subsidies).
''(B) The following domestic subsidies, if provided or required by
government action to a specific enterprise or industry, or group of
enterprises or industries, whether publicly or privately owned, and
whether paid or bestowed directly or indirectly on the manufacture,
production, or export of any class or kind of merchandise:
''(i) The provision of capital, loans, or loan guarantees on terms
inconsistent with commercial considerations.
''(ii) The provision of goods or services at preferential rates.
''(iii) The grant of funds or forgiveness of debt to cover operating
losses sustained by a specific industry.
''(iv) The assumption of any costs or expenses of manufacture,
production, or distribution.''
Par. (7)(B). Pub. L. 100-418, 1328(1), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''In
making its determinations under sections 1671b(a), 1671d(b), 1673b(a),
and 1673d(b) of this title, the Commission shall consider, among other
factors --
''(i) the volume of imports of the merchandise which is the subject
of the investigation,
''(ii) the effect of imports of that merchandise on prices in the
United States for like products, and
''(iii) the impact of imports of such merchandise on domestic
producers of like products.''
Par. (7)(C). Pub. L. 100-418, 1328(2), in heading substituted
''relevant factors'' for ''volume and of price effects'', in cl.
(ii)(I) substituted ''underselling'' for ''undercutting'', and in cl.
(iii) inserted ''domestic'' in heading and amended text generally.
Prior to amendment, text of cl. (iii) read as follows: ''In examining
the impact on the affected industry, the Commission shall evaluate all
relevant economic factors which have a bearing on the state of the
industry, including, but not limited to --
''(I) actual and potential decline in output, sales, market share,
profits, productivity, return on investments, and utilization of
capacity,
''(II) factors affecting domestic prices, and
''(III) actual and potential negative effects on cash flow,
inventories, employment, wages, growth, ability to raise capital, and
investment.''
Par. (7)(C)(v). Pub. L. 100-418, 1330(b), added cl. (v).
Par. (7)(F)(i)(IX). Pub. L. 100-418, 1326(b), which directed that
par. (7)(F) be amended by adding subcl. (IX), was executed by adding
subcl. (IX) to par. (7)(F)(i) to reflect the probable intent of
Congress.
Par. (7)(F)(i)(X). Pub. L. 100-418, 1329(1)-(3), added subcl. (X).
Par. (7)(F)(iii). Pub. L. 100-418, 1329(4), added cl. (iii).
Par. (7)(F)(iv). Pub. L. 100-418, 1330(a), added cl. (iv).
Par. (9)(G). Pub. L. 100-418, 1326(c), added subpar. (G).
Par. (18). Pub. L. 100-449 added par. (18) relating to United
States-Canada Agreement.
Pub. L. 100-418, 1316(b), added par. (18) relating to nonmarket
economy country.
Par. (19). Pub. L. 100-647 redesignated par. (19), relating to
application to governmental importations, as (20).
Pub. L. 100-418, 1335, added par. (19) relating to application to
governmental importations.
Pub. L. 100-418, 1327, added par. (19) relating to equivalency of
leases to sales.
Par. (20). Pub. L. 100-647 redesignated par. (19), relating to
application to governmental importations, as (20).
1986 -- Par. (7)(F)(i). Pub. L. 99-514 substituted ''the
merchandise'' for ''any merchandise'' in introductory provisions and
''final orders'' for ''find orders'' in subcl. (VIII).
1984 -- Par. (4)(A). Pub. L. 98-573, 612(a)(1), inserted provision
that in the case of wine and grape products subject to investigation
under this subtitle, the term also means the domestic producers of the
principal raw agricultural product (determined on either a volume or
value basis) which is included in the like domestic product, if those
producers allege material injury, or threat of material injury, as a
result of imports of such wine and grape products.
Par. (7)(C)(iv). Pub. L. 98-623, 612(a)(2)(A), added cl. (iv).
Par. (7)(F). Pub. L. 98-573, 612(a)(2)(B), added subpar. (F).
Par. (9)(F). Pub. L. 98-573, 612(a)(3), added subpar. (F).
Par. (14)(A), (B). Pub. L. 98-573, 612(a)(4), substituted ''in
commercial quantities'' for ''at wholesale''.
Par. (17). Pub. L. 98-573, 612(a)(5), substituted ''commercial
quantities'' for ''wholesale quantities''.
Section 224(c) of Pub. L. 101-382 provided that: ''The amendments
made by subsections (a) and (b) (amending this section) apply with
respect to investigations (including investigations regarding products
of Canadian origin) initiated under section 702 or 732 of the Tariff Act
of 1930 (19 U.S.C. 1671a, 1673a) on or after the date of the enactment
of this Act (Aug. 20, 1990).''
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as a note under section 58c of this title.
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(a),
(c) of Pub. L. 100-449, set out in a note under section 2112 of this
title.
Amendment by sections 1312, 1316(b), 1326(a)-(c), and 1327-1329 of
Pub. L. 100-418 applicable with respect to investigations initiated
after Aug. 23, 1988, and to reviews initiated under section 1673e(c) or
1675 of this title after Aug. 23, 1988, see section 1337(b) of Pub. L.
100-418, set out as an Effective Date of 1988 Amendment note under
section 1671 of this title.
Amendment by section 1330 of Pub. L. 100-418 applicable with respect
to investigations initiated after Aug. 23, 1988, see section 1337(c) of
Pub. L. 100-418.
Amendment by section 1335 of Pub. L. 100-418 applicable with respect
to entries, and withdrawals from warehouse for consumption, that are
liquidated on or after Aug. 23, 1988, see section 1337(e) of Pub. L.
100-418.
Amendment by Pub. L. 98-573 applicable with respect to
investigations initiated by petition or by the administering authority
under parts I and II of this subtitle, and to reviews begun under
section 1675 of this title, on or after Oct. 30, 1984; but provisions
of this subtitle not to be interpreted to prevent refiling of a petition
under section 1671a or 1673a of this title that was filed before Oct.
30, 1984, if the purpose of refiling was to avail petitioner of
amendment of par. (4)(A) of this section by Pub. L. 98-573, and such
amendment of par. (4)(A) inapplicable to petitions filed (or refiled)
under section 1671a or 1673a of this title after Sept. 30, 1986, see
section 626(b)(1), (c)(1), (2) of Pub. L. 98-573, as amended, set out
as an Effective Date of 1984 Amendment note under section 1671 of this
title.
Part effective Jan. 1, 1980, see section 107 of Pub. L. 96-39, set
out as a note under section 1671 of this title.
All functions of the Secretary of the Treasury under this subtitle
were transferred to the Secretary of Commerce pursuant to Reorg. Plan
No. 3 of 1979, 5(a)(1)(C), 44 F.R. 69275, 93 Stat. 1381, eff. Jan.
2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan.
2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title,
except that the Customs Service of the Department of the Treasury shall
accept such deposits, bonds, or other security as deemed appropriate by
the Secretary of Commerce, assess and collect such duties as directed by
the Secretary of Commerce, and furnish such of its important records or
copies thereof as requested by the Secretary incident to the functions
transferred.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
/1/ So in original. Probably should not be capitalized.
/2/ So in original. Probably should be followed by '', and''.
/3/ So in original. Two pars. (18) have been enacted. Second par.
(18) probably should be designated (21).
/4/ So in original. The semicolon probably should be a comma.
/5/ So in original. Two pars. (18) have been enacted. Second par.
(18) probably should be designated (21).
19 USC 1677-1. Upstream subsidies
TITLE 19 -- CUSTOMS DUTIES
(a) ''Upstream subsidy'' defined
The term ''upstream subsidy'' means any subsidy described in section
1677(5)(B)(i), (ii), (iii), or (iv) of this title by the government of a
country that --
(1) is paid or bestowed by that government with respect to a product
(hereafter referred to as an ''input product'') that is used in the
manufacture or production in that country of merchandise which is the
subject of a countervailing duty proceeding;
(2) in the judgment of the administering authority bestows a
competitive benefit on the merchandise; and
(3) has a significant effect on the cost of manufacturing or
producing the merchandise.
In applying this subsection, an association of two or more foreign
countries, political subdivisions, dependent territories, or possessions
of foreign countries organized into a customs union outside the United
States shall be treated as being one country if the subsidy is provided
by the customs union.
(b) Determination of competitive benefit
(1) In general
Except as provided in paragraph (2), the administering authority
shall decide that a competitive benefit has been bestowed when the price
for the input product referred to in subsection (a)(1) of this section
for such use is lower than the price that the manufacturer or producer
of merchandise which is the subject of a countervailing duty proceeding
would otherwise pay for the product in obtaining it from another seller
in an arms-length transaction.
(2) Adjustments
If the administering authority has determined in a previous
proceeding that a subsidy is paid or bestowed on the input product that
is used for comparison under paragraph (1), the administering authority
may (A) where appropriate, adjust the price that the manufacturer or
producer of merchandise which is the subject of such proceeding would
otherwise pay for the product to reflect the effects of the subsidy, or
(B) select in lieu of that price a price from another source.
(c) Inclusion of amount of subsidy
If the administering authority decides, during the course of a
countervailing duty proceeding that an upstream subsidy is being or has
been paid or bestowed regarding the merchandise under investigation, the
administering authority shall include in the amount of any
countervailing duty imposed on the merchandise an amount equal to the
amount of the competitive benefit referred to in subparagraph (1)(B),
/1/ except that in no event shall the amount be greater than the amount
of subsidization determined with respect to the upstream product.
(June 17, 1930, ch. 497, title VII, 771A, as added Oct. 30, 1984,
Pub. L. 98-573, title VI, 613(a), 98 Stat. 3035; amended Oct. 22,
1986, Pub. L. 99-514, title XVIII, 1886(a)(10), 100 Stat. 2922.)
1986 -- Subsec. (a). Pub. L. 99-514 substituted ''(ii), (iii), or
(iv)'' for ''(ii), or (iii)'' in introductory provisions.
Section effective Oct. 30, 1984, see section 626(a) of Pub. L.
98-573, set out as an Effective Date of 1984 Amendment note under
section 1671 of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
/1/ So in original. Probably should be ''subsection (a)(2) of this
section,''.
19 USC 1677-2. Calculation of subsidies on certain processed
agricultural products
TITLE 19 -- CUSTOMS DUTIES
In the case of an agricultural product processed from a raw
agricultural product in which --
(1) the demand for the prior stage product is substantially dependent
on the demand for the latter stage product, and
(2) the processing operation adds only limited value to the raw
commodity,
subsidies found to be provided to either producers or processors of
the product shall be deemed to be provided with respect to the
manufacture, production, or exportation of the processed product.
(June 17, 1930, ch. 497, title VII, 771B, as added Aug. 23, 1988,
Pub. L. 100-418, title I, 1313(a), 102 Stat. 1185; amended Nov. 10,
1988, Pub. L. 100-647, title IX, 9001(a)(4), 102 Stat. 3806.)
1988 -- Pub. L. 100-647 amended section generally. Prior to
amendment, section read as follows: ''In the case of an agricultural
product processed from a raw agricultural product in which (1) the
demand for the prior stage product is substantially dependent on the
demand for the latter stage product, and (2) the processing operation
adds only limited value to the raw commodity, subsidies found to be
provided to either producers or processors of the product shall be
deemed to be provided with respect to the manufacture, production, or
exportation of the processed product.''
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
19 USC 1677a. United States price
TITLE 19 -- CUSTOMS DUTIES
(a) United States price
For purposes of this subtitle, the term ''United States price'' means
the purchase price, or the exporter's sales price, of the merchandise,
whichever is appropriate.
(b) Purchase price
For purposes of this section, the term ''purchase price'' means the
price at which merchandise is purchased, or agreed to be purchased,
prior to the date of importation, from a reseller or the manufacturer or
producer of the merchandise for exportation to the United States.
Appropriate adjustments for costs and expenses under subsection (d) of
this section shall be made if they are not reflected in the price paid
by the person by whom, or for whose account, the merchandise is
imported.
(c) Exporter's sales price
For purposes of this section, the term ''exporter's sales price''
means the price at which merchandise is sold or agreed to be sold in the
United States, before or after the time of importation, by or for the
account of the exporter, as adjusted under subsections (d) and (e) of
this section.
(d) Adjustments to purchase price and exporter's sales price
The purchase price and the exporter's sales price shall be adjusted
by being --
(1) increased by --
(A) when not included in such price, the cost of all containers and
coverings and all other costs, charges, and expenses incident to placing
the merchandise in condition, packed ready for shipment to the United
States;
(B) the amount of any import duties imposed by the country of
exportation which have been rebated, or which have not been collected,
by reason of the exportation of the merchandise to the United States;
(C) the amount of any taxes imposed in the country of exportation
directly upon the exported merchandise or components thereof, which have
been rebated, or which have not been collected, by reason of the
exportation of the merchandise to the United States, but only to the
extent that such taxes are added to or included in the price of such or
similar merchandise when sold in the country of exportation; and
(D) the amount of any countervailing duty imposed on the merchandise
under part I of this subtitle or section 1303 of this title to offset an
export subsidy, and
(2) reduced by --
(A) except as provided in paragraph (1)(D), the amount, if any,
included in such price, attributable to any additional costs, charges,
and expenses, and United States import duties, incident to bringing the
merchandise from the place of shipment in the country of exportation to
the place of delivery in the United States; and
(B) the amount, if included in such price, of any export tax, duty,
or other charge imposed by the country of exportation on the exportation
of the merchandise to the United States other than an export tax, duty,
or other charge described in section 1677(6)(C) of this title.
(e) Additional adjustments to exporter's sales price
For purposes of this section, the exporter's sales price shall also
be adjusted by being reduced by the amount, if any, of --
(1) commissions for selling in the United States the particular
merchandise under consideration,
(2) expenses generally incurred by or for the account of the exporter
in the United States in selling identical or substantially identical
merchandise, and
(3) any increased value, including additional material and labor,
resulting from a process of manufacture or assembly performed on the
imported merchandise after the importation of the merchandise and before
its sale to a person who is not the exporter of the merchandise.
(June 17, 1930, ch. 497, title VII, 772, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 181; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 614, 98 Stat. 3036.)
1984 -- Subsec. (b). Pub. L. 98-573 inserted ''a reseller or''
before ''the manufacturer''.
Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section
626(a) of Pub. L. 98-573, set out as a note under section 1671 of this
title.
19 USC 1677b. Foreign market value
TITLE 19 -- CUSTOMS DUTIES
(a) Determination; fictitious market; sales agencies
For purposes of this subtitle --
(1) In general
The foreign market value of imported merchandise shall be the price,
at the time such merchandise is first sold within the United States by
the person for whom (or for whose account) the merchandise is imported
to any other person who is not described in subsection (e)(3) of this
section with respect to such person --
(A) at which such or similar merchandise is sold or, in the absence
of sales, offered for sale in the principal markets of the country from
which exported, in the usual commercial quantities and in the ordinary
course of trade for home consumption, or
(B) if not so sold or offered for sale for home consumption, or if
the administering authority determines that the quantity sold for home
consumption is so small in relation to the quantity sold for exportation
to countries other than the United States as to form an inadequate basis
for comparison, then the price at which so sold or offered for sale for
exportation to countries other than the United States,
increased by, when not included in such price, the cost of all
containers and coverings and all other costs, charges, and expenses
incident to placing the merchandise in condition packed ready for
shipment to the United States, except that in the case of merchandise
purchased or agreed to be purchased by the person by whom or for whose
account the merchandise is imported, prior to the time of importation,
the foreign market value shall be ascertained as of the date of such
purchase or agreement to purchase. In the ascertainment of foreign
market value for the purposes of this subtitle no pretended sale or
offer for sale, and no sale or offer for sale intended to establish a
fictitious market, shall be taken into account.
(2) Use of constructed value
If the administering authority determines that the foreign market
value of imported merchandise cannot be determined under paragraph
(1)(A), then, notwithstanding paragraph (1)(B), the foreign market value
of the merchandise may be the constructed value of that merchandise, as
determined under subsection (e) of this section.
(3) Indirect sales and offers for sale
If such or similar merchandise is sold or, in the absence of sales,
offered for sale through a sales agency or other organization related to
the seller in any of the respects described in section 1677(13) of this
title, the prices at which such or similar merchandise is sold or, in
the absence of sales, offered for sale by such sales agency or other
organization may be used in determining the foreign market value.
(4) Other adjustments
In determining foreign market value, if it is established to the
satisfaction of the administering authority that the amount of any
difference between the United States price and the foreign market value
(or that the fact that the United States price is the same as the
foreign market value) is wholly or partly due to --
(A) the fact that the commercial quantities, in which such or similar
merchandise is sold or, in the absence of sales, offered for sale, for
exportation to, or in the principal markets of, the United States, as
appropriate, in the ordinary course of trade, are less or are greater
than the commercial quantities in which such or similar merchandise is
sold or, in the absence of sales, offered for sale, in the principal
markets of the country of exportation in the ordinary course of trade
for home consumption (or, if not so sold for home consumption, then for
exportation to countries other than the United States);
(B) other differences in circumstances of sale; or
(C) the fact that merchandise described in paragraph (B) or (C) of
section 1677(16) of this title is used in determining foreign market
value,
then due allowance shall be made therefor.
(5) Fictitious markets
The occurrence of different movements in the prices at which
different forms of any merchandise subject to an antidumping duty order
issued under this subtitle are sold (or, in the absence of sales,
offered for sale) after the issuance of such order in the principal
markets of the foreign country from which the merchandise is exported
may be considered by the administering authority as evidence of the
establishment of a fictitious market for the merchandise if the movement
in such prices appears to reduce the amount by which the foreign market
value of the merchandise exceeds the United States price of the
merchandise.
(b) Sales at less than cost of production
Whenever the administering authority has reasonable grounds to
believe or suspect that sales in the home market of the country of
exportation, or, as appropriate, to countries other than the United
States, have been made at prices which represent less than the cost of
producing the merchandise in question, it shall determine whether, in
fact, such sales were made at less than the cost of producing the
merchandise. If the administering authority determines that sales made
at less than cost of production --
(1) have been made over an extended period of time and in substantial
quantities, and
(2) are not at prices which permit recovery of all costs within a
reasonable period of time in the normal course of trade,
such sales shall be disregarded in the determination of foreign
market value. Whenever sales are disregarded by virtue of having been
made at less than the cost of production and the remaining sales, made
at not less than cost of production, are determined to be inadequate as
a basis for the determination of foreign market value under subsection
(a) of this section, the administering authority shall employ the
constructed value of the merchandise to determine its foreign market
value.
(c) Nonmarket economy countries
(1) In general
If --
(A) the merchandise under investigation is exported from a nonmarket
economy country, and
(B) the administering authority finds that available information does
not permit the foreign market value of the merchandise to be determined
under subsection (a) of this section,
the administering authority shall determine the foreign market value
of the merchandise on the basis of the value of the factors of
production utilized in producing the merchandise and to which shall be
added an amount for general expenses and profit plus the cost of
containers, coverings, and other expenses, as required by subsection (e)
of this section. Except as provided in paragraph (2), the valuation of
the factors of production shall be based on the best available
information regarding the values of such factors in a market economy
country or countries considered to be appropriate by the administering
authority.
(2) Exception
If the administering authority finds that the available information
is inadequate for purposes of determining the foreign market value of
merchandise under paragraph (1), the administering authority shall
determine the foreign market value on the basis of the price at which
merchandise that is --
(A) comparable to the merchandise under investigation, and
(B) produced in one or more market economy countries that are at a
level of economic development comparable to that of the nonmarket
economy country,
is sold in other countries, including the United States.
(3) Factors of production
For purposes of paragraph (1), the factors of production utilized in
producing merchandise include, but are not limited to --
(A) hours of labor required,
(B) quantities of raw materials employed,
(C) amounts of energy and other utilities consumed, and
(D) representative capital cost, including depreciation.
(4) Valuation of factors of production
The administering authority, in valuing factors of production under
paragraph (1), shall utilize, to the extent possible, the prices or
costs of factors of production in one or more market economy countries
that are --
(A) at a level of economic development comparable to that of the
nonmarket economy country, and
(B) significant producers of comparable merchandise.
(d) Special rule for certain multinational corporations
Whenever, in the course of an investigation under this subtitle, the
administering authority determines that --
(1) merchandise exported to the United States is being produced in
facilities which are owned or controlled, directly or indirectly, by a
person, firm or corporation which also owns or controls, directly or
indirectly, other facilities for the production of such or similar
merchandise which are located in another country or countries;
(2) the sales of such or similar merchandise by the company concerned
in the home market of the exporting country are nonexistent or
inadequate as a basis for comparison with the sales of the merchandise
to the United States; and
(3) the foreign market value of such or similar merchandise produced
in one or more of the facilities outside the country of exportation is
higher than the foreign market value of such or similar merchandise
produced in the facilities located in the country of exportation,
it shall determine the foreign market value of such merchandise by
reference to the foreign market value at which such or similar
merchandise is sold in substantial quantities by one or more facilities
outside the country of exportation. The administering authority, in
making any determination under this paragraph, shall make adjustments
for the difference between the costs of production (including taxes,
labor, materials, and overhead) of such or similar merchandise produced
in facilities outside the country of exportation and costs of production
of such or similar merchandise produced in the facilities in the country
of exportation, if such differences are demonstrated to its
satisfaction. For the purposes of this subsection, in determining
foreign market value of such or similar merchandise produced in a
country outside of the country of exportation, the administering
authority shall determine its price at the time of exportation from the
country of exportation and shall make any adjustments required by
subsection (a) of this section for the cost of all containers and
coverings and all other costs, charges, and expenses incident to placing
the merchandise in condition packed ready for shipment to the United
States by reference to such costs in the country of exportation.
(e) Constructed value
(1) Determination
For the purposes of this subtitle, the constructed value of imported
merchandise shall be the sum of --
(A) the cost of materials (exclusive of any internal tax applicable
in the country of exportation directly to such materials or their
disposition, but remitted or refunded upon the exportation of the
article in the production of which such materials are used) and of
fabrication or other processing of any kind employed in producing such
or similar merchandise, at a time preceding the date of exportation of
the merchandise under consideration which would ordinarily permit the
production of that particular merchandise in the ordinary course of
business;
(B) an amount for general expenses and profit equal to that usually
reflected in sales of merchandise of the same general class or kind as
the merchandise under consideration which are made by producers in the
country of exportation, in the usual commercial quantities and in the
ordinary course of trade, except that --
(i) the amount for general expenses shall not be less than 10 percent
of the cost as defined in subparagraph (A), and
(ii) the amount for profit shall not be less than 8 percent of the
sum of such general expenses and cost; and
(C) the cost of all containers and coverings of whatever nature, and
all other expenses incidental to placing the merchandise under
consideration in condition, packed ready for shipment to the United
States.
(2) Transactions disregarded; best evidence
For the purposes of this subsection, a transaction directly or
indirectly between persons specified in any one of the subparagraphs in
paragraph (4) of this subsection may be disregarded if, in the case of
any element of value required to be considered, the amount representing
that element does not fairly reflect the amount usually reflected in
sales in the market under consideration of merchandise under
consideration. If a transaction is disregarded under the preceding
sentence and there are no other transactions available for
consideration, then the determination of the amount required to be
considered shall be based on the best evidence available as to what the
amount would have been if the transaction had occurred between persons
not specified in any one of the subparagraphs in paragraph (4) of this
section.
(3) Special rule
If, regarding any transaction between persons specified in any one of
the subparagraphs of paragraph (4) involving the production by one of
such persons of a major input to the merchandise under consideration,
the administering authority has reasonable grounds to believe or suspect
that an amount represented as the value of such input is less than the
costs of production of such input, then the administering authority may
determine the value of the major input on the best evidence available
regarding such costs of production, if such costs are greater than the
amount that would be determined for such input under paragraph (2).
(4) Related parties
The persons referred to in paragraphs (2) and (3) of this subsection
are:
(A) Members of a family, including brothers and sisters (whether by
the whole or half blood), spouse, ancestors, and lineal descendants.
(B) Any officer or director of an organization and such organization.
(C) Partners.
(D) Employer and employee.
(E) Any person directly or indirectly owning, controlling, or holding
with power to vote, 5 percent or more of the outstanding voting stock or
shares of any organization and such organization.
(F) Two or more persons directly or indirectly controlling,
controlled by, or under common control with, any person.
(f) Exportation from an intermediate country
If --
(1) a reseller purchases the merchandise from the manufacturer or
producer of the merchandise,
(2) the manufacturer or producer of the merchandise does not know (at
the time of the sale to such reseller) the country to which such
reseller intends to export the merchandise,
(3) the merchandise is exported by, or on behalf of, such reseller to
a country other than the United States,
(4) the merchandise enters the commerce of such country but is not
substantially transformed in such country, and
(5) the merchandise is subsequently exported to the United States,
such country shall be treated, for purposes of this section, as the
country from which the merchandise was exported.
(June 17, 1930, ch. 497, title VII, 773, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 182; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 615, 620(b), 98 Stat. 3036, 3039; Oct. 22,
1986, Pub. L. 99-514, title XVIII, 1886(a)(11), 100 Stat. 2922; Aug.
23, 1988, Pub. L. 100-418, title I, 1316(a), 1318, 1319, 102 Stat.
1186, 1189.)
1988 -- Subsec. (a)(5). Pub. L. 100-418, 1319, added par. (5).
Subsec. (c). Pub. L. 100-418, 1316(a), amended subsec. (c)
generally, substituting provisions relating to nonmarket economy
countries, for provisions relating to State-controlled economies.
Subsec. (e)(2) to (4). Pub. L. 100-418, 1318, substituted ''(4)''
for ''(3)'' wherever appearing in par. (2), added par. (3), and
redesignated former par. (3) as (4) and in introductory provisions
substituted ''paragraphs (2) and (3)'' for ''paragraph (2)''.
1986 -- Subsecs. (f), (g). Pub. L. 99-514 redesignated subsec. (g)
as (f).
1984 -- Subsec. (a)(1). Pub. L. 98-573, 615(1), substituted ''time
such merchandise is first sold within the United States by the person
for whom (or for whose account) the merchandise is imported to any other
person who is not described in subsection (e)(3) of this section with
respect to such person'' for ''time of exportation of such merchandise
to the United States'' in provisions before subpar. (A).
Subsecs. (a)(1)(A), (4)(A), (e)(1)(B). Pub. L. 98-573, 615(2),
substituted ''commercial quantities'' for ''wholesale quantities''
wherever appearing.
Subsec. (f). Pub. L. 98-573, 620(b), struck out subsec. (f) which
related to the authority to use sampling techniques and to disregard
insignificant adjustments.
Subsec. (g). Pub. L. 98-573, 615(3), added subsec. (g).
Amendment by sections 1316(a) and 1318 of Pub. L. 100-418 applicable
with respect to investigations initiated after Aug. 23, 1988, and to
reviews initiated under section 1673e(c) or 1675 of this title after
Aug. 23, 1988, and amendment by section 1319 of Pub. L. 100-418
applicable with respect to reviews initiated under section 1673e(c) or
1675 of this title after Aug. 23, 1988, and to reviews initiated under
such sections which are pending on Aug. 23, 1988, and in which a
request for revocation is pending on Aug. 23, 1988, see section
1337(b), (f) of Pub. L. 100-418, set out as a note under section 1671
of this title.
Amendment by section 615 of Pub. L. 98-573 effective Oct. 30, 1984,
and amendment by section 620(b) of Pub. L. 98-573 applicable with
respect to investigations initiated by petition or by the administering
authority under parts I and II of this subtitle, and to reviews begun
under section 1675 of this title, on or after Oct. 30, 1984, see
section 626(a), (b)(1) of Pub. L. 98-573, as amended, set out as a note
under section 1671 of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
19 USC 1677c. Hearings
TITLE 19 -- CUSTOMS DUTIES
(a) Investigation hearings
(1) In general
Except as provided in paragraph (2), the administering authority and
the Commission shall each hold a hearing in the course of an
investigation upon the request of any party to the investigation before
making a final determination under section 1671d or 1673d of this title.
(2) Exception
If investigations are initiated under part I and part II of this
subtitle regarding the same merchandise from the same country within 6
months of each other (but before a final determination is made in either
investigation), the holding of a hearing by the Commission in the course
of one of the investigations shall be treated as compliance with
paragraph (1) for both investigations, unless the Commission considers
that special circumstances require that a hearing be held in the course
of each of the investigations. During any investigation regarding which
the holding of a hearing is waived under this paragraph, the Commission
shall allow any party to submit such additional written comment as it
considers relevant.
(b) Procedures
Any hearing required or permitted under this subtitle shall be
conducted after notice published in the Federal Register, and a
transcript of the hearing shall be prepared and made available to the
public. The hearing shall not be subject to the provisions of
subchapter II of chapter 5 of title 5, or to section 702 of such title.
(June 17, 1930, ch. 497, title VII, 774, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 186; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 616, 98 Stat. 3037.)
1984 -- Subsec. (a). Pub. L. 98-573 designated existing provisions
as par. (1), inserted ''Except as provided in paragraph (2),'', and
added par. (2).
Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section
626(a) of Pub. L. 98-573, set out as a note under section 1671 of this
title.
19 USC 1677d. Subsidy practices discovered during a proceeding
TITLE 19 -- CUSTOMS DUTIES
If, in the course of a proceeding under this subtitle, the
administering authority discovers a practice which appears to be a
subsidy, but was not included in the matters alleged in a countervailing
duty petition, then the administering authority --
(1) shall include the practice in the proceeding if it appears to be
a subsidy with respect to the merchandise which is the subject of the
proceeding, or
(2) shall transfer the information concerning the practice (other
than confidential information) to the library maintained under section
1677f(a)(1) of this title, if the practice appears to be a subsidy with
respect to any other merchandise.
(June 17, 1930, ch. 497, title VII, 775, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 186; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 617, 98 Stat. 3037; Oct. 22, 1986, Pub. L.
99-514, title XVIII, 1886(a)(12), 100 Stat. 2922.)
1986 -- Pub. L. 99-514 substituted ''a proceeding'' for ''an
proceeding'' in introductory provisions.
1984 -- Pub. L. 98-573 substituted ''proceeding'' for
''investigation'' wherever appearing.
Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section
626(a) of Pub. L. 98-573, set out as a note under section 1671 of this
title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
19 USC 1677e. Verification of information
TITLE 19 -- CUSTOMS DUTIES
(a) Certification of submissions
Any person providing factual information to the administering
authority or the Commission in connection with a proceeding under this
subtitle on behalf of the petitioner or any other interested party shall
certify that such information is accurate and complete to the best of
that person's knowledge.
(b) Verification
The administering authority shall verify all information relied upon
in making --
(1) a final determination in an investigation,
(2) a revocation under section 1675(c) of this title, and
(3) a review and determination under section 1675(a) of this title,
if --
(A) verification is timely requested by an interested party as
defined in section 1677(9)(C), (D), (E), (F), or (G) /1/ of this title,
and
(B) no verification was made under this paragraph during the 2
immediately preceding reviews and determinations under that section of
the same order, finding, or notice, except that this clause shall not
apply if good cause for verification is shown.
In publishing notice of any action referred to in paragraph (1), (2),
or (3), the administering authority shall report the methods and
procedures used to verify such information. If the administering
authority is unable to verify the accuracy of the information submitted,
it shall use the best information available to it as the basis for its
action, which may include, in actions referred to in paragraph (1), the
information submitted in support of the petition.
(c) Determinations to be made on best information available
In making their determinations under this subtitle, the administering
authority and the Commission shall, whenever a party or any other person
refuses or is unable to produce information requested in a timely manner
and in the form required, or otherwise significantly impedes an
investigation, use the best information otherwise available.
(June 17, 1930, ch. 497, title VII, 776, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 186; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 618, 98 Stat. 3037; Aug. 23, 1988, Pub. L.
100-418, title I, 1326(d)(1), 1331, 102 Stat. 1204, 1207.)
1988 -- Subsec. (a). Pub. L. 100-418, 1331(1), (3), added subsec.
(a). Former subsec. (a) redesignated (b).
Subsec. (b). Pub. L. 100-418, 1331(1), (2), redesignated former
subsec. (a) as (b) and in heading substituted ''Verification'' for
''General rule''.
Subsec. (b)(3)(A). Pub. L. 100-418, 1326(d)(1), which directed the
amendment of this subtitle by substituting ''subparagraph (C), (D), (E),
(F), or (G) of section 1677(9) of this title'' for ''subparagraph (C),
(D), (E), or (F), of section 1677(9) of this title'' was executed to
subsec. (b)(3)(A) of this section by substituting ''section 1677(9)(C),
(D), (E), (F), or (G) of this title'' for ''section 1677(9)(C), (D),
(E), or (F) of this title'' to reflect the probable intent of Congress.
Subsec. (c). Pub. L. 100-418, 1331(1), redesignated former subsec.
(b) as (c).
1984 -- Subsec. (a). Pub. L. 98-573 amended subsec. (a) generally,
which prior to amendment read as follows: ''Except with respect to
information the verification of which is waived under section
1673b(b)(2) of this title, the administering authority shall verify all
information relied upon in making a final determination in an
investigation. In publishing such a determination, the administering
authority shall report the methods and procedures used to verify such
information. If the administering authority is unable to verify the
accuracy of the information submitted, it shall use the best information
available to it as the basis for its determination, which may include
the information submitted in support of the petition.''
Amendment by Pub. L. 100-418 applicable with respect to
investigations initiated after Aug. 23, 1988, and to reviews initiated
under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see
section 1337(b) of Pub. L. 100-418, set out as a note under section
1671 of this title.
Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section
626(a) of Pub. L. 98-573, set out as a note under section 1671 of this
title.
/1/ See 1988 Amendment note below.
19 USC 1677f. Access to information
TITLE 19 -- CUSTOMS DUTIES
(a) Information generally made available
(1) Public information function
There shall be established a library of information relating to
foreign subsidy practices and countervailing measures. Copies of
material in the library shall be made available to the public upon
payment of the costs of preparing such copies.
(2) Progress of investigation reports
The administering authority and the Commission shall, from time to
time upon request, inform the parties to an investigation of the
progress of that investigation.
(3) Ex parte meetings
The administering authority and the Commission shall maintain a
record of any ex parte meeting between --
(A) interested parties or other persons providing factual information
in connection with a proceeding, and
(B) the person charged with making the determination, or any person
charged with making a final recommendation to that person, in connection
with that proceeding,
if information relating to that proceeding was presented or discussed
at such meeting. The record of such an ex parte meeting shall include
the identity of the persons present at the meeting, the date, time, and
place of the meeting, and a summary of the matters discussed or
submitted. The record of the ex parte meeting shall be included in the
record of the proceeding.
(4) Summaries; non-proprietary submissions
The administering authority and the Commission may disclose --
(A) any proprietary information received in the course of a
proceeding if it is disclosed in a form which cannot be associated with,
or otherwise be used to identify, operations of a particular person, and
(B) any information submitted in connection with a proceeding which
is not designated as proprietary by the person submitting it.
(b) Proprietary information
(1) Proprietary status maintained
Except as provided in subsection (a)(4)(A) and subsection (c) of this
section, information submitted to the administering authority or the
Commission which is designated as proprietary by the person submitting
it shall not be disclosed to any person (other than an officer or
employee of the administering authority or the Commission who is
directly concerned with carrying out the investigation in connection
with which the information is submitted, or an officer or employee of
the United States Customs Service who is directly involved in conducting
an investigation regarding fraud under this subtitle) without the
consent of the person submitting it. The administering authority and
the Commission shall require that information for which proprietary
treatment is requested be accompanied by --
(A) either --
(i) a non-proprietary summary in sufficient detail to permit a
reasonable understanding of the substance of the information submitted
in confidence, or
(ii) a statement that the information is not susceptible to summary
accompanied by a statement of the reasons in support of the contention,
and
(B) either --
(i) a statement which permits the administering authority or the
Commission to release under administrative protective order, in
accordance with subsection (c) of this section, the information
submitted in confidence, or
(ii) a statement to the administering authority or the Commission
that the business proprietary information is of a type that should not
be released under administrative protective order.
(2) Unwarranted designation
If the administering authority of the Commission determines, on the
basis of the nature and extent of the information or its availability
from public sources, that designation of any information as proprietary
is unwarranted, then it shall notify the person who submitted it and ask
for an explanation of the reasons for the designation. Unless that
person persuades the administering authority or the Commission that the
designation is warranted, or withdraws the designation, the
administering authority or the Commission, as the case may be, shall
return it to the party submitting it.
(c) Limited disclosure of certain proprietary information under
protective order
(1) Disclosure by administering authority or Commission
(A) In general
Upon receipt of an application (before or after receipt of the
information requested) which describes in general terms the information
requested and sets forth the reasons for the request, the administering
authority or the Commission shall make all business proprietary
information presented to, or obtained by it, during a proceeding (except
privileged information, classified information, and specific information
of a type for which there is a clear and compelling need to withhold
from disclosure) available to interested parties who are parties to the
proceeding under a protective order described in subparagraph (B),
regardless of when the information is submitted during a proceeding.
Customer names obtained during any investigation which requires a
determination under section 1671d(b) or 1673d(b) of this title may not
be disclosed by the administering authority under protective order until
either an order is published under section 1671e(a) or 1673e(a) of this
title as a result of the investigation or the investigation is suspended
or terminated. The Commission may delay disclosure of customer names
under protective order during any such investigation until a reasonable
time prior to any hearing provided under section 1677c of this title.
(B) Protective order
The protective order under which information is made available shall
contain such requirements as the administering authority or the
Commission may determine by regulation to be appropriate. The
administering authority and the Commission shall provide by regulation
for such sanctions as the administering authority and the Commission
determine to be appropriate, including disbarment from practice before
the agency.
(C) Time limitation on determinations
The administering authority or the Commission, as the case may be,
shall determine whether to make information available under this
paragraph --
(i) not later than 14 days (7 days if the submission pertains to a
proceeding under section 1671b(a) or 1673b(a) of this title) after the
date on which the information is submitted, or
(ii) if --
(I) the person that submitted the information raises objection to its
release, or
(II) the information is unusually voluminous or complex,
not later than 30 days (10 days if the submission pertains to a
proceeding under section 1671b(a) or 1673b(a) of this title) after the
date on which the information is submitted.
(D) Availability after determination
If the determination under subparagraph (C) is affirmative, then --
(i) the business proprietary information submitted to the
administering authority or the Commission on or before the date of the
determination shall be made available, subject to the terms and
conditions of the protective order, on such date; and
(ii) the business proprietary information submitted to the
administering authority or the Commission after the date of the
determination shall be served as required by subsection (d) of this
section.
(E) Failure to disclose
If a person submitting information to the administering authority
refuses to disclose business proprietary information which the
administering authority determines should be released under a protective
order described in subparagraph (B), the administering authority shall
return the information, and any nonconfidential summary thereof, to the
person submitting the information and summary and shall not consider
either.
(2) Disclosure under court order
If the administering authority denies a request for information under
paragraph (1), then application may be made to the United States Customs
Court for an order directing the administering authority or the
Commission to make the information available. After notification of all
parties to the investigation and after an opportunity for a hearing on
the record, the court may issue an order, under such conditions as the
court deems appropriate, which shall not have the effect of stopping or
suspending the investigation, directing the administering authority or
the Commission to make all or a portion of the requested information
described in the preceding sentence available under a protective order
and setting forth sanctions for violation of such order if the court
finds that, under the standards applicable in proceedings of the court,
such an order is warranted, and that --
(A) the administering authority or the Commission has denied access
to the information under subsection (b)(1) of this section,
(B) the person on whose behalf the information is requested is an
interested party who is a party to the investigation in connection with
which the information was obtained or developed, and
(C) the party which submitted the information to which the request
relates has been notified, in advance of the hearing, of the request
made under this section and of its right to appear and be heard.
(d) Service
Any party submitting written information, including business
proprietary information, to the administering authority or the
Commission during a proceeding shall, at the same time, serve the
information upon all interested parties who are parties to the
proceeding, if the information is covered by a protective order. The
administering authority or the Commission shall not accept any such
information that is not accompanied by a certificate of service and a
copy of the protective order version of the document containing the
information. Business proprietary information shall only be served upon
interested parties who are parties to the proceeding that are subject to
protective order; however, a nonconfidential summary thereof shall be
served upon all other interested parties who are parties to the
proceeding.
(e) Timely submissions
Information shall be submitted to the administering authority or the
Commission during the course of a proceeding on a timely basis and shall
be subject to comment by other parties within such reasonable time as
the administering authority or the Commission shall provide. If
information is submitted without an adequate opportunity for other
parties to comment thereon, the administering authority or the
Commission may return the information to the party submitting it and not
consider it.
(f) Disclosure of proprietary information under protective orders
issued pursuant to the United States-Canada Agreement
(1) Issuance of protective orders
(A) In general
If binational panel review of a determination under this subtitle is
requested pursuant to article 1904 of the United States-Canada
Agreement, or an extraordinary challenge committee is convened under
Annex 1904.13 of the United States-Canada Agreement, the administering
authority or the Commission, as appropriate, may make available to
authorized persons, under a protective order described in paragraph (2),
a copy of all proprietary material in the administrative record made
during the proceeding in question. If the administering authority or
the Commission claims a privilege as to a document or portion of a
document in the administrative record of the proceeding in question and
a binational panel finds that in camera inspection or limited disclosure
of that document or portion thereof is required by United States law,
the administering authority or the Commission, as appropriate, may
restrict access to such document or portion thereof to the authorized
persons identified by the panel as requiring access and may require such
persons to obtain access under a protective order described in paragraph
(2).
(B) Authorized persons
For purposes of this subsection, the term ''authorized persons''
means --
(i) the members of, and the appropriate staff of, the binational
panel or the extraordinary challenge committee, as the case may be, and
the Secretariat,
(ii) counsel for parties to such panel or committee proceeding, and
employees, and persons under the direction and control, of such counsel,
(iii) any officer or employee of the United States Government
designated by the administering authority or the Commission, as
appropriate, to whom disclosure is necessary in order to make
recommendations to the Trade Representative regarding the convening of
extraordinary challenge committees under chapter 19 of the Agreement,
and
(iv) any officer or employee of the Government of Canada designated
by an authorized agency of Canada to whom disclosure is necessary in
order to make decisions regarding the convening of extraordinary
challenge committees under chapter 19 of the Agreement.
(C) Review
A decision concerning the disclosure or nondisclosure of material
under protective order by the administering authority or the Commission
shall not be subject to judicial review, and no court of the United
States shall have power or jurisdiction to review such decision on any
question of law or fact by an action in the nature of mandamus or
otherwise.
(2) Contents of protective order
Each protective order issued under this subsection shall be in such
form and contain such requirements as the administering authority or the
Commission may determine by regulation to be appropriate. The
administering authority and the Commission shall ensure that regulations
issued pursuant to this paragraph shall be designed to provide an
opportunity for participation in the binational panel proceeding
equivalent to that available for judicial review of determinations by
the administering authority or the Commission that are not subject to
review by a binational panel.
(3) Prohibited acts
It is unlawful for any person to violate, to induce the violation of,
or knowingly to receive information the receipt of which constitutes a
violation of, any provision of a protective order issued under this
subsection or to violate, to induce the violation of, or knowingly to
receive information the receipt of which constitutes a violation of, any
provision of an undertaking entered into with an authorized agency of
Canada to protect proprietary material during binational panel review
pursuant to article 1904 of the United States-Canada Agreement.
(4) Sanctions for violation of protective orders
Any person who is found by the administering authority or the
Commission, as appropriate, after notice and an opportunity for a
hearing in accordance with section 554 of title 5 to have committed an
act prohibited by paragraph (3) shall be liable to the United States for
a civil penalty and shall be subject to such other administrative
sanctions, including, but not limited to, debarment from practice before
the administering authority or the Commission, as the administering
authority or the Commission determines to be appropriate. The amount of
the civil penalty shall not exceed $100,000 for each violation. Each
day of a continuing violation shall constitute a separate violation.
The amount of such civil penalty and other sanctions shall be assessed
by the administering authority or the Commission by written notice,
except that assessment shall be made by the administering authority for
violation, inducement of a violation or receipt of information with
reason to know that such information was disclosed in violation, of an
undertaking entered into by any person with an authorized agency of
Canada.
(5) Review of sanctions
Any person against whom sanctions are imposed under paragraph (4) may
obtain review of such sanctions by filing a notice of appeal in the
United States Court of International Trade within 30 days from the date
of the order imposing the sanction and by simultaneously sending a copy
of such notice by certified mail to the administering authority or the
Commission, as appropriate. The administering authority or the
Commission shall promptly file in such court a certified copy of the
record upon which such violation was found or such sanction imposed, as
provided in section 2112 of title 28. The findings and order of the
administering authority or the Commission shall be set aside by the
court only if the court finds that such findings and order are not
supported by substantial evidence, as provided in section 706(2) of
title 5.
(6) Enforcement of sanctions
If any person fails to pay an assessment of a civil penalty or to
comply with other administrative sanctions after the order imposing such
sanctions becomes a final and unappealable order, or after the United
States Court of International Trade has entered final judgment in favor
of the administering authority or the Commission, an action may be filed
in such court to enforce the sanctions. In such action, the validity
and appropriateness of the final order imposing the sanctions shall not
be subject to review.
(7) Testimony and production of papers
(A) Authority to obtain information
For the purpose of conducting any hearing and carrying out other
functions and duties under this subsection, the administering authority
and the Commission, or their duly authorized agents --
(i) shall have access to and the right to copy any pertinent
document, paper, or record in the possession of any individual,
partnership, corporation, association, organization, or other entity,
(ii) may summon witnesses, take testimony, and administer oaths,
(iii) and may require any individual or entity to produce pertinent
documents, books, or records.
Any member of the Commission, and any person so designated by the
administering authority, may sign subpoenas, and members and agents of
the administering authority and the Commission, when authorized by the
administering authority or the Commission, as appropriate, may
administer oaths and affirmations, examine witnesses, take testimony,
and receive evidence.
(B) Witnesses and evidence
The attendance of witnesses who are authorized to be summoned, and
the production of documentary evidence authorized to be ordered, under
subparagraph (A) may be required from any place in the United States at
any designated place of hearing. In the case of disobedience to a
subpoena issued under subparagraph (A), an action may be filed in any
district or territorial court of the United States to require the
attendance and testimony of witnesses and the production of documentary
evidence. Such court, within the jurisdiction of which such inquiry is
carried on, may, in case of contumacy or refusal to obey a subpoena
issued to any individual, partnership, corporation, association,
organization or other entity, issue any order requiring such individual
or entity to appear before the administering authority or the
Commission, or to produce documentary evidence if so ordered or to give
evidence concerning the matter in question. Any failure to obey such
order of the court may be punished by the court as a contempt thereof.
(C) Mandamus
Any court referred to in subparagraph (B) shall have jurisdiction to
issue writs of mandamus commanding compliance with the provisions of
this subsection or any order of the administering authority or the
Commission made in pursuance thereof.
(D) Depositions
For purposes of carrying out any functions or duties under this
subsection, the administering authority or the Commission may order
testimony to be taken by deposition. Such deposition may be taken
before any person designated by the administering authority or
Commission and having power to administer oaths. Such testimony shall
be reduced to writing by the person taking the deposition, or under the
direction of such person, and shall then be subscribed by the deponent.
Any individual, partnership, corporation, association, organization or
other entity may be compelled to appear and depose and to produce
documentary evidence in the same manner as witnesses may be compelled to
appear and testify and produce documentary evidence before the
administering authority or Commission, as provided in this paragraph.
(E) Fees and mileage of witnesses
Witnesses summoned before the administering authority or the
Commission shall be paid the same fees and mileage that are paid
witnesses in the courts of the United States.
(g) Information relating to violations of protective orders and
sanctions
The administering authority and the Commission may withhold from
disclosure any correspondence, private letters of reprimand, settlement
agreements, and documents and files compiled in relation to
investigations and actions involving a violation or possible violation
of a protective order issued under subsection (c) or (d) of this
section, and such information shall be treated as information described
in section 552(b)(3) of title 5.
(June 17, 1930, ch. 497, title VII, 777, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 187; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 619, 98 Stat. 3038; Oct. 22, 1986, Pub. L.
99-514, title XVIII, 1886(a)(13), 1889(8), 100 Stat. 2922, 2926; Aug.
23, 1988, Pub. L. 100-418, title I, 1332, 102 Stat. 1207; Sept. 28,
1988, Pub. L. 100-449, title IV, 403(c), 102 Stat. 1884; Aug. 20,
1990, Pub. L. 101-382, title I, 134(a)(4), 135(b), 104 Stat. 650,
651.)
1990 -- Subsec. (c)(1)(A). Pub. L. 101-382, 135(b)(1), inserted at
end ''Customer names obtained during any investigation which requires a
determination under section 1671d(b) or 1673d(b) of this title may not
be disclosed by the administering authority under protective order until
either an order is published under section 1671e(a) or 1673e(a) of this
title as a result of the investigation or the investigation is suspended
or terminated. The Commission may delay disclosure of customer names
under protective order during any such investigation until a reasonable
time prior to any hearing provided under section 1677c of this title.''
Subsec. (d). Pub. L. 101-382, 134(a)(4), redesignated subsec. (d),
relating to disclosure of proprietary information, etc., as (f).
Subsec. (f). Pub. L. 101-382, 134(a)(4), redesignated subsec. (d),
relating to disclosure of proprietary information, etc., as (f).
Subsec. (f)(1)(A). Pub. L. 101-382, 134(a)(4)(A), struck out ''(but
not privileged material as defined by the rules of procedure referred to
in article 1904(14) of the United States-Canada Agreement)'' after ''all
proprietary material'' and inserted at end ''If the administering
authority or the Commission claims a privilege as to a document or
portion of a document in the administrative record of the proceeding in
question and a binational panel finds that in camera inspection or
limited disclosure of that document or portion thereof is required by
United States law, the administering authority or the Commission, as
appropriate, may restrict access to such document or portion thereof to
the authorized persons identified by the panel as requiring access and
may require such persons to obtain access under a protective order
described in paragraph (2).''
Subsec. (f)(1)(B)(ii) to (iv). Pub. L. 101-382, 134(a)(4)(B),
inserted '', and persons under the direction and control,'' after
''employees'' in cl. (ii), substituted ''make recommendations to the
Trade Representative regarding the convening of extraordinary challenge
committees under chapter 19 of the Agreement, and'' for ''implement the
United States-Canada Agreement with respect to such proceeding.'' in cl.
(iii), and added cl. (iv).
Subsec. (f)(3). Pub. L. 101-382, 134(a)(4)(C), struck out ''or''
after ''violate,'' in two places and inserted ''or knowingly to receive
information the receipt of which constitutes a violation of,'' after
''the violation of,'' in two places.
Subsec. (f)(4). Pub. L. 101-382, 134(a)(4)(D), inserted provisions
relating to receipt of information with reason to know the information
was disclosed in violation.
Subsec. (g). Pub. L. 101-382, 135(b)(2), added subsec. (g).
1988 -- Subsec. (b)(1)(B)(ii). Pub. L. 100-418, 1332(1), amended
cl. (ii) generally. Prior to amendment, cl. (ii) read as follows:
''a statement that the information should not be released under
administrative protective order.''
Subsec. (c)(1)(A). Pub. L. 100-418, 1332(2)(A), amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows: ''Upon
receipt of an application, (before or after receipt of the information
requested) which describes with particularity the information requested
and sets forth the reasons for the request, the administering authority
and the Commission may make proprietary information submitted by any
other party to the investigation available under a protective order
described in subparagraph (B).''
Subsec. (c)(1)(C) to (E). Pub. L. 100-418, 1332(2)(B), added
subpars. (C) to (E).
Subsec. (c)(2). Pub. L. 100-418, 1332(3), struck out ''or the
Commission denies a request for proprietary information submitted by the
petitioner or an interested party in support of the petitioner
concerning the domestic price or cost of production of the like
product,'' after ''information under paragraph (1),''.
Subsec. (d). Pub. L. 100-449 added subsec. (d) relating to
disclosure of proprietary information, etc.
Pub. L. 100-418, 1332(4), added subsec. (d) relating to service.
Subsec. (e). Pub. L. 100-418, 1332(4), added subsec. (e).
1986 -- Subsec. (a)(4). Pub. L. 99-514, 1886(a)(13)(A), substituted
''non-proprietary'' for ''nonconfidential'' in heading, and
''proprietary'' for ''confidential'' in two places in text.
Subsec. (b). Pub. L. 99-514, 1886(a)(13)(A), substituted
''Proprietary'' for ''Confidential'' in heading.
Subsec. (b)(1). Pub. L. 99-514, 1886(a)(13)(A), substituted
''Proprietary status'' for ''Confidentiality'' in heading,
''proprietary'' for ''confidential'' in two places in introductory
provisions, and ''non-proprietary'' for ''nonconfidential'' in subpar.
(A)(i).
Pub. L. 99-514, 1889(8), made technical correction to directory
language of Pub. L. 98-573, 619(3), requiring no change in text. See
1984 Amendment note below.
Subsec. (b)(1)(B)(i). Pub. L. 99-514, 1886(a)(13)(B), inserted ''or
the Commission'' after ''authority''.
Subsec. (b)(2). Pub. L. 99-514, 1886(a)(13)(A), substituted
''proprietary'' for ''confidential''.
Subsec. (c). Pub. L. 99-514, 1886(a)(13)(A), substituted
''proprietary'' for ''confidential'' in heading and in pars. (1)(A) and
(2).
1984 -- Subsec. (a)(3). Pub. L. 98-573, 619(1), amended par. (3)
generally, substituting in provisions preceding subpar. (A) ''of any ex
parte meeting'' for ''of ex parte meetings'', in subpar. (A) ''a
proceeding'' for ''an investigation'', in subpar. (B) ''or any person''
for ''and any person'' and ''that proceeding,'' for ''that
investigation,'' and, in provisions following subpar. (B), ''if
information relating to that proceeding was presented or discussed at
such meeting. The record of such an'' for ''The record of the''.
Subsec. (b)(1). Pub. L. 98-573, 619(2), in first sentence, inserted
provision referring to an officer or employee of the United States
Customs Service who is directly involved in conducting an investigation
regarding fraud under this subtitle.
Pub. L. 98-573, 619(3), as amended by Pub. L. 99-514, 1889(8),
amended second sentence generally, and thereby substituted ''the
Commission shall require'' for ''the Commission may require'',
designated existing provisions as subpar. (A) and, in subpar. (A) as
so designated, substituted ''either -- (i) a nonconfidential summary''
for ''a non-confidential summary'', inserted designation ''(ii)'',
substituted ''summary accompanied'' for ''summary, accompanied'', and
added subpar. (B).
Subsec. (c)(1)(A). Pub. L. 98-573, 619(4), inserted ''(before or
after receipt of the information requested)''.
Amendment by Pub. L. 100-449 effective on date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and
to cease to have effect on date Agreement ceases to be in force, see
section 501(a), (c) of Pub. L. 100-449, set out in a note under section
2112 of this title.
Amendment by Pub. L. 100-418 applicable with respect to
investigations initiated after Aug. 23, 1988, and to reviews initiated
under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see
section 1337(b) of Pub. L. 100-418, set out as an Effective Date of
1988 Amendment note under section 1671 of this title.
Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section
626(a) of Pub. L. 98-573, set out as a note under section 1671 of this
title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
1584, 2631, 2635, 2636, 2640, 2643.
19 USC 1677f-1. Sampling and averaging
TITLE 19 -- CUSTOMS DUTIES
(a) In general
For the purpose of determining United States price or foreign market
value under sections 1677a and 1677b of this title, and for purposes of
carrying out annual reviews under section 1675 of this title, the
administering authority may --
(1) use averaging or generally recognized sampling techniques
whenever a significant volume of sales is involved or a significant
number of adjustments to prices is required, and
(2) decline to take into account adjustments which are insignificant
in relation to the price or value of the merchandise.
(b) Selection of samples and averages
The authority to select appropriate samples and averages shall rest
exclusively with the administering authority; but such samples and
averages shall be representative of the transactions under
investigation.
(June 17, 1930, ch. 497, title VII, 777A, as added Oct. 30, 1984,
Pub. L. 98-573, title VI, 620(a), 98 Stat. 3039.)
Section applicable with respect to investigations initiated by
petition or by the administering authority under parts I and II of this
subtitle, and to reviews begun under section 1675 of this title, on or
after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98-573, as
amended, set out as an Effective Date of 1984 Amendment note under
section 1671 of this title.
19 USC 1677g. Interest on certain overpayments and underpayments
TITLE 19 -- CUSTOMS DUTIES
(a) General rule
Interest shall be payable on overpayments and underpayments of
amounts deposited on merchandise entered, or withdrawn from warehouse,
for consumption on and after --
(1) the date of publication of a countervailing or antidumping duty
order under this subtitle or section 1303 of this title, or
(2) the date of a finding under the Antidumping Act, 1921.
(b) Rate
The rate of interest payable under subsection (a) of this section for
any period of time is the rate of interest established under section
6621 of title 26 for such period.
(June 17, 1930, ch. 497, title VII, 778, as added July 26, 1979,
Pub. L. 96-39, title I, 101, 93 Stat. 188; amended Oct. 30, 1984, Pub.
L. 98-573, title VI, 621, 98 Stat. 3039; Oct. 22, 1986, Pub. L.
99-514, 2, 100 Stat. 2095.)
The Antidumping Act, 1921, referred to in subsec. (a)(2), is act May
27, 1921, ch. 14, title II, 42 Stat. 11, as amended, which was
classified generally to sections 160 to 171 of this title, and was
repealed by Pub. L. 96-39, title I, 106(a), July 26, 1979, 93 Stat.
193.
1986 -- Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954'', which for purposes
of codification was translated as ''title 26'' thus requiring no change
in text.
1984 -- Subsec. (a). Pub. L. 98-573 amended subsec. (a) generally,
substituting provisions making interest payable on and after the date of
publication of a countervailing or antidumping duty order under this
subtitle or section 1303 of this title or the date of a finding under
the Antidumping Act, 1921 for provisions making interest payable on and
after the date on which notice of an affirmative determination by the
Commission under section 1671d(b) or 1673d(b) of this title with respect
to such merchandise was published.
Subsec. (b). Pub. L. 98-573 amended subsec. (b) generally,
substituting provisions that the rate of interest payable under subsec.
(a) for any period of time is the rate of interest established under
section 6621 of title 26 for such period for provision that the rate at
which such interest was payable would be 8 percent per annum or, if
higher, the rate in effect under section 6621 of title 26 on the date on
which the rate or amount of the duty was finally determined.
Amendment by Pub. L. 98-573 applicable with respect to merchandise
that is unliquidated on or after Nov. 4, 1984, see section 626(b)(4) of
Pub. L. 98-573, set out as a note under section 1671 of this title.
19 USC 1677h. Drawback treatment
TITLE 19 -- CUSTOMS DUTIES
For purposes of any law relating to the drawback of customs duties,
countervailing duties and antidumping duties imposed by this subtitle
shall not be treated as being regular customs duties.
(June 17, 1930, ch. 497, title VII, 779, as added Oct. 30, 1984,
Pub. L. 98-573, title VI, 622(a)(2), 98 Stat. 3039; amended Aug. 23,
1988, Pub. L. 100-418, title I, 1334(a), (b)(1), 102 Stat. 1209, 1210.)
1988 -- Pub. L. 100-418 substituted ''Drawback treatment'' for
''Drawbacks'' in section catchline and ''not be treated as being
regular'' for ''be treated as any other'' in text.
Amendment by Pub. L. 100-418 applicable with respect to articles
entered, or withdrawn from warehouse for consumption, on or after Aug.
23, 1988, see section 1337(d) of Pub. L. 100-418, set out as a note
under section 1671 of this title.
Section effective Oct. 30, 1984, see section 626(a) of Pub. L.
98-573, set out as an Effective Date of 1984 Amendment note under
section 1671 of this title.
19 USC 1677i. Downstream product monitoring
TITLE 19 -- CUSTOMS DUTIES
(a) Petition requesting monitoring
(1) In general
A domestic producer of an article that is like a component part or a
downstream product may petition the administering authority to designate
a downstream product for monitoring under subsection (b) of this
section. The petition shall specify --
(A) the downstream product,
(B) the component product incorporated into such downstream product,
and
(C) the reasons for suspecting that the imposition of antidumping or
countervailing duties has resulted in a diversion of exports of the
component part into increased production and exportation to the United
States of such downstream product.
(2) Determination regarding petition
Within 14 days after receiving a petition submitted under paragraph
(1), the administering authority shall determine --
(A) whether there is a reasonable likelihood that imports into the
United States of the downstream product will increase as an indirect
result of any diversion with respect to the component part, and
(B) whether --
(i) the component part is already subject to monitoring to aid in the
enforcement of a bilateral arrangement (within the meaning of section
804 of the Trade and Tariff Act of 1984),
(ii) merchandise related to the component part and manufactured in
the same foreign country in which the component part is manufactured has
been the subject of a significant number of investigations suspended
under section 1671c or 1673c of this title or countervailing or
antidumping duty orders issued under this subtitle or section 1303 of
this title, or
(iii) merchandise manufactured or exported by the manufacturer or
exporter of the component part that is similar in description and use to
the component part has been the subject of at least 2 investigations
suspended under section 1671c or 1673c of this title or countervailing
or antidumping duty orders issued under this subtitle or section 1303 of
this title.
(3) Factors to take into account
In making a determination under paragraph (2)(A), the administering
authority may, if appropriate, take into account such factors as --
(A) the value of the component part in relation to the value of the
downstream product,
(B) the extent to which the component part has been substantially
transformed as a result of its incorporation into the downstream
product, and
(C) the relationship between the producers of component parts and
producers of downstream products.
(4) Publication of determination
The administering authority shall publish in the Federal Register
notice of each determination made under paragraph (2) and, if the
determination made under paragraph (2)(A) and a determination made under
any subparagraph of paragraph (2)(B) are affirmative, shall transmit a
copy of such determinations and the petition to the Commission.
(5) Determinations not subject to judicial review
Notwithstanding any other provision of law, any determination made by
the administering authority under paragraph (2) shall not be subject to
judicial review.
(b) Monitoring by Commission
(1) In general
If the determination made under subsection (a)(2)(A) of this section
and a determination made under any clause of subsection (a)(2)(B) of
this section with respect to a petition are affirmative, the Commission
shall immediately commence monitoring of trade in the downstream product
that is the subject of the determination made under subsection (a)(2)(A)
of this section. If the Commission finds that imports of a downstream
product being monitored increased during any calendar quarter by 5
percent or more over the preceding quarter, the Commission shall analyze
that increase in the context of overall economic conditions in the
product sector.
(2) Reports
The Commission shall make quarterly reports to the administering
authority regarding the monitoring and analyses conducted under
paragraph (1). The Commission shall make the reports available to the
public.
(c) Action on basis of monitoring reports
The administering authority shall review the information in the
reports submitted by the Commission under subsection (b)(2) of this
section and shall --
(1) consider the information in determining whether to initiate an
investigation under section 1671a(a), 1673a(a), or 1303 of this title
regarding any downstream product, and
(2) request the Commission to cease monitoring any downstream product
if the information indicates that imports into the United States are not
increasing and there is no reasonable likelihood of diversion with
respect to component parts.
(d) Definitions
For purposes of this section --
(1) The term ''component part'' means any imported article that --
(A) during the 5-year period ending on the date on which the petition
is filed under subsection (a) of this section, has been subject to --
(i) a countervailing or antidumping duty order issued under this
subtitle or section 1303 of this title that requires the deposit of
estimated countervailing or antidumping duties imposed at a rate of at
least 15 percent ad valorem, or
(ii) an agreement entered into under section 1671c, 1673c, or 1303 of
this title after a preliminary affirmative determination under section
1671b(b), 1673b(b)(1), or 1303 of this title was made by the
administering authority which included a determination that the
estimated net subsidy was at least 15 percent ad valorem or that the
estimated average amount by which the foreign market value exceeded the
United States price was at least 15 percent ad valorem, and
(B) because of its inherent characteristics, is routinely used as a
major part, component, assembly, subassembly, or material in a
downstream product.
(2) The term ''downstream product'' means any manufactured article --
(A) which is imported into the United States, and
(B) into which is incorporated any component part.
(June 17, 1930, ch. 497, title VII, 780, as added Aug. 23, 1988,
Pub. L. 100-418, title I, 1320(a), 102 Stat. 1189.)
Section 804 of the Trade and Tariff Act of 1984, referred to in
subsec. (a)(2)(B)(i), is section 804 of Pub. L. 98-573, which is set
out as a note under section 2253 of this title.
19 USC 1677j. Prevention of circumvention of antidumping and
countervailing duty orders
TITLE 19 -- CUSTOMS DUTIES
(a) Merchandise completed or assembled in United States
(1) In general
If --
(A) merchandise sold in the United States is of the same class or
kind as any other merchandise that is the subject of --
(i) an antidumping duty order issued under section 1673e of this
title,
(ii) a finding issued under the Antidumping Act, 1921, or
(iii) a countervailing duty order issued under section 1671e of this
title or section 1303 of this title,
(B) such merchandise sold in the United States is completed or
assembled in the United States from parts or components produced in the
foreign country with respect to which such order or finding applies, and
(C) the difference between the value of such merchandise sold in the
United States and the value of the imported parts and components
referred to in subparagraph (B) is small,
the administering authority, after taking into account any advice
provided by the Commission under subsection (e) of this section, may
include within the scope of such order or finding the imported parts or
components referred to in subparagraph (B) that are used in the
completion or assembly of the merchandise in the United States at any
time such order or finding is in effect.
(2) Factors to consider
In determining whether to include parts or components in a
countervailing or antidumping duty order or finding under paragraph (1),
the administering authority shall take into account such factors as --
(A) the pattern of trade,
(B) whether the manufacturer or exporter of the parts or components
is related to the person who assembles or completes the merchandise sold
in the United States from the parts or components produced in the
foreign country with respect to which the order or finding described in
paragraph (1) applies, and
(C) whether imports into the United States of the parts or components
produced in such foreign country have increased after the issuance of
such order or finding.
(b) Merchandise completed or assembled in other foreign countries
(1) In general
If --
(A) merchandise imported into the United States is of the same class
or kind as any merchandise produced in a foreign country that is the
subject of --
(i) an antidumping duty order issued under section 1673e of this
title,
(ii) a finding issued under the Antidumping Act, 1921, or
(iii) a countervailing duty order issued under section 1671e of this
title or section 1303 of this title,
(B) before importation into the United States, such imported
merchandise is completed or assembled in another foreign country from
merchandise which --
(i) is subject to such order or finding, or
(ii) is produced in the foreign country with respect to which such
order or finding applies,
(C) the difference between the value of such imported merchandise and
the value of the merchandise described in subparagraph (B) is small, and
(D) the administering authority determines that action is appropriate
under this paragraph to prevent evasion of such order or finding,
the administering authority, after taking into account any advice
provided by the Commission under subsection (e) of this section, may
include such imported merchandise within the scope of such order or
finding at any time such order or finding is in effect.
(2) Factors to consider
In determining whether to include merchandise assembled or completed
in a foreign country in a countervailing or antidumping duty order or
finding under paragraph (1), the administering authority shall take into
account such factors as --
(A) the pattern of trade,
(B) whether the manufacturer or exporter of the merchandise described
in paragraph (1)(B) is related to the person who uses the merchandise
described in paragraph (1)(B) to assemble or complete in the foreign
country the merchandise that is subsequently imported into the United
States, and
(C) whether imports into the foreign country of the merchandise
described in paragraph (1)(B) have increased after the issuance of such
order or finding.
(c) Minor alterations of merchandise
(1) In general
The class or kind of merchandise subject to --
(A) an investigation under this subtitle,
(B) an antidumping duty order issued under section 1673e of this
title,
(C) a finding issued under the Antidumping Act, 1921, or
(D) a countervailing duty order issued under section 1671e of this
title or section 1303 of this title,
shall include articles altered in form or appearance in minor
respects (including raw agricultural products that have undergone minor
processing), whether or not included in the same tariff classification.
(2) Exception
Paragraph (1) shall not apply with respect to altered merchandise if
the administering authority determines that it would be unnecessary to
consider the altered merchandise within the scope of the investigation,
order, or finding.
(d) Later-developed merchandise
(1) In general
For purposes of determining whether merchandise developed after an
investigation is initiated under this subtitle or section 1303 of this
title (hereafter in this paragraph referred to as the ''later-developed
merchandise'') is within the scope of an outstanding antidumping or
countervailing duty order issued under this subtitle or section 1303 of
this title as a result of such investigation, the administering
authority shall consider whether --
(A) the later-developed merchandise has the same general physical
characteristics as the merchandise with respect to which the order was
originally issued (hereafter in this paragraph referred to as the
''earlier product''),
(B) the expectations of the ultimate purchasers of the
later-developed merchandise are the same as for the earlier product,
(C) the ultimate use of the earlier product and the later-developed
merchandise are the same,
(D) the later-developed merchandise is sold through the same channels
of trade as the earlier product, and
(E) the later-developed merchandise is advertised and displayed in a
manner similar to the earlier product.
The administering authority shall take into account any advice
provided by the Commission under subsection (e) of this section before
making a determination under this subparagraph.
(2) Exclusion from orders
The administering authority may not exclude a later-developed
merchandise from a countervailing or antidumping duty order merely
because the merchandise --
(A) is classified under a tariff classification other than that
identified in the petition or the administering authority's prior
notices during the proceeding, or
(B) permits the purchaser to perform additional functions, unless
such additional functions constitute the primary use of the merchandise
and the cost of the additional functions constitute more than a
significant proportion of the total cost of production of the
merchandise.
(e) Commission advice
(1) Notification to Commission of proposed action
Before making a determination --
(A) under subsection (a) of this section with respect to merchandise
completed or assembled in the United States (other than minor completion
or assembly),
(B) under subsection (b) of this section with respect to merchandise
completed or assembled in other foreign countries, or
(C) under subsection (d) of this section with respect to any
later-developed merchandise which incorporates a significant
technological advance or significant alteration of an earlier product,
with respect to an antidumping or countervailing duty order or
finding as to which the Commission has made an affirmative injury
determination, the administering authority shall notify the Commission
of the proposed inclusion of such merchandise in such countervailing or
antidumping order or finding. Notwithstanding any other provision of
law, a decision by the administering authority regarding whether any
merchandise is within a category for which notice is required under this
paragraph is not subject to judicial review.
(2) Request for consultation
After receiving notice under paragraph (1), the Commission may
request consultations with the administering authority regarding the
inclusion. Upon the request of the Commission, the administering
authority shall consult with the Commission and any such consultation
shall be completed within 15 days after the date of the request.
(3) Commission advice
If the Commission believes, after consultation under paragraph (2),
that a significant injury issue is presented by the proposed inclusion,
the Commission may provide written advice to the administering authority
as to whether the inclusion would be inconsistent with the affirmative
determination of the Commission on which the order or finding is based.
If the Commission decides to provide such written advice, it shall
promptly notify the administering authority of its intention to do so,
and must provide such advice within 60 days after the date of
notification under paragraph (1). For purposes of formulating its
advice with respect to merchandise completed or assembled in the United
States from parts or components produced in a foreign country, the
Commission shall consider whether the inclusion of such parts or
components taken as a whole would be inconsistent with its prior
affirmative determination.
(June 17, 1930, ch. 497, title VII, 781, as added Aug. 23, 1988,
Pub. L. 100-418, title I, 1321(a), 102 Stat. 1192.)
The Antidumping Act, 1921, referred to in subsecs. (a)(1)(A)(ii),
(b)(1)(A)(ii), and (c)(1)(C), is act May 27, 1921, ch. 14, title II, 42
Stat. 11, as amended, which was classified generally to sections 160 to
171 of this title, and was repealed by Pub. L. 96-39, title I, 106(a),
July 26, 1979, 93 Stat. 193.
Section applicable with respect to articles entered, or withdrawn
from warehouse for consumption, on or after Aug. 23, 1988, see section
1337(d) of Pub. L. 100-418, set out as an Effective Date of 1988
Amendment note under section 1671 of this title.
19 USC 1677k. Third-country dumping
TITLE 19 -- CUSTOMS DUTIES
(a) Definitions
For purposes of this section:
(1) The term ''Agreement'' means the Agreement on Implementation of
Article VI of the General Agreement on Tariffs and Trade (relating to
antidumping measures).
(2) The term ''Agreement country'' means a foreign country that has
accepted the Agreement.
(3) The term ''Trade Representative'' means the United States Trade
Representative.
(b) Petition by domestic industry
(1) A domestic industry that produces a product that is like or
directly competitive with merchandise produced by a foreign country
(whether or not an Agreement country) may, if it has reason to believe
that --
(A) such merchandise is being dumped in an Agreement country; and
(B) such domestic industry is being materially injured, or threatened
with material injury, by reason of such dumping;
submit a petition to the Trade Representative that alleges the
elements referred to in subparagraphs (A) and (B) and requests the Trade
Representative to take action under subsection (c) of this section on
behalf of the domestic industry.
(2) A petition submitted under paragraph (1) shall contain such
detailed information as the Trade Representative may require in support
of the allegations in the petition.
(c) Application for antidumping action on behalf of domestic industry
(1) If the Trade Representative, on the basis of the information
contained in a petition submitted under paragraph (1), determines that
there is a reasonable basis for the allegations in the petition, the
Trade Representative shall submit to the appropriate authority of the
Agreement country where the alleged dumping is occurring an application
pursuant to Article 12 of the Agreement which requests that appropriate
antidumping action under the law of that country be taken, on behalf of
the United States, with respect to imports into that country of the
merchandise concerned.
(2) At the request of the Trade Representative, the appropriate
officers of the Department of Commerce and the United States
International Trade Commission shall assist the Trade Representative in
preparing the application under paragraph (1).
(d) Consultation after submission of application
After submitting an application under subsection (c)(1) of this
section, the Trade Representative shall seek consultations with the
appropriate authority of the Agreement country regarding the request for
antidumping action.
(e) Action upon refusal of Agreement country to act
If the appropriate authority of an Agreement country refuses to
undertake antidumping measures in response to a request made therefor by
the Trade Representative under subsection (c) of this section, the Trade
Representative shall promptly consult with the domestic industry on
whether action under any other law of the United States is appropriate.
(Pub. L. 100-418, title I, 1317, Aug. 23, 1988, 102 Stat. 1188.)
Section was enacted as part of the Omnibus Trade and Competitiveness
Act of 1988, and not as part of the Tariff Act of 1930 which comprises
this chapter.
19 USC CHAPTER 5 -- SMUGGLING
TITLE 19 -- CUSTOMS DUTIES
Sec.
1701. Customs-enforcement area.
(a) Establishment; extent and duration; enforcement of laws
applicable to waters adjacent to customs waters.
(b) Boarding vessels; arrest and seizure; compliance with treaty
provisions; authority of Secretary of Commerce unaffected.
1702. Repealed.
1703. Seizure and forfeiture of vessels.
(a) Vessels subject to seizure and forfeiture.
(b) ''Vessels of the United States'' defined.
(c) Acts constituting prima facie evidence vessel engaged in
smuggling.
1704. Refusal or revocation of registry, enrollment, license or
number on evidence that vessel engaging in smuggling; appeal; immunity
from liability.
1705. Destruction of forfeited vessel or vehicle.
1706. Importation in vessels under thirty tons and aircraft;
licenses; labels as prima facie evidence of foreign origin of
merchandise.
1707. Certificate for importation of alcoholic liquors in small
vessels; bond where liquor destined to foreign port; penalty for
failure to carry; lost, defaced, or incorrect certificate as relieving
from penalty.
1708. Lading vessel in foreign port with liquor for importation.
(a) Allowing lading without certificate for importation; liability
of master.
(b) Procuring lading with intent to defraud revenue laws; liability
of citizen, master, and members of crew of United States vessel.
1709. Definitions
1710. Separability.
1711. Citation of chapter.
19 USC 1701. Customs-enforcement area
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment; extent and duration; enforcement of laws
applicable to waters adjacent to customs waters
Whenever the President finds and declares that at any place or within
any area on the high seas adjacent to but outside customs waters any
vessel or vessels hover or are being kept off the coast of the United
States and that, by virtue of the presence of any such vessel or vessels
at such place or within such area, the unlawful introduction or removal
into or from the United States of any merchandise or person is being or
may be occasioned, promoted, or threatened, the place or area so found
and declared shall constitute a customs-enforcement area for the
purposes of this Act. Only such waters on the high seas shall be within
a customs-enforcement area as the President finds and declares are in
such proximity to such vessel or vessels that such unlawful introduction
or removal of merchandise or persons may be carried on by or to or from
such vessel or vessels. No customs-enforcement area shall include any
waters more than one hundred nautical miles from the place or immediate
area where the President declares such vessel or vessels are hovering or
are being kept and, notwithstanding the foregoing provision, shall not
include any waters more than fifty nautical miles outwards from the
outer limit of customs waters. Whenever the President finds that,
within any customs-enforcement area, the circumstances no longer exist
which gave rise to the declaration of such area as a customs-enforcement
area, he shall so declare, and thereafter, and until a further finding
and declaration is made under this subsection with respect to waters
within such area, no waters within such area shall constitute a part of
such customs-enforcement area. The provisions of law applying to the
high seas adjacent to customs waters of the United States shall be
enforced in a customs-enforcement area upon any vessel, merchandise, or
person found therein.
(b) Boarding vessels; arrest and seizure; compliance with treaty
provisions; authority of Secretary of Commerce unaffected
At any place within a customs-enforcement area the several officers
of the customs may go on board of any vessel and examine the vessel and
any merchandise or person on board, and bring the same into port, and,
subject to regulations of the Secretary of the Treasury, it shall be
their duty to pursue and seize or arrest and otherwise enforce upon such
vessel, merchandise, or person, the provisions of law which are made
effective thereto in pursuance of subsection (a) of this section in the
same manner as such officers are or may be authorized or required to do
in like case at any place in the United States by virtue of any law
respecting the revenue: Provided, That nothing contained in this
section or in any other provision of law respecting the revenue shall be
construed to authorize or to require any officer of the United States to
enforce any law thereof upon the high seas upon a foreign vessel in
contravention of any treaty with a foreign government enabling or
permitting the authorities of the United States to board, examine,
search, seize, or otherwise to enforce upon such vessel upon the high
seas the laws of the United States except as such authorities are or may
otherwise be enabled or permitted under special arrangement with such
foreign government: Provided further, That none of the provisions of
this Act shall be construed to relieve the Secretary of Commerce of any
authority, responsibility, or jurisdiction now vested in or imposed on
that officer.
(Aug. 5, 1935, ch. 438, title I, 1, 49 Stat. 517.)
This Act, referred to in text, means act Aug. 5, 1935, which enacted
this chapter and sections 1432a and 1601a of this title and amended
sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587,
1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of
former Title 46, Shipping, and sections 91, 277, 319, 325 of Title 46,
Appendix. For complete classification of this Act to the Code, see
Tables.
For delegation to Secretary of the Treasury of authority vested in
President by this section, see Ex. Ord. No. 10289, 1(b), Sept. 17,
1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The
President.
Boarding vessels, see section 1581 of this title.
Certain functions of Secretary of Commerce relating to shipping and
navigation transferred to Commissioner of Customs and Commandant of the
Coast Guard, see note set out at beginning of chapter 1 of Title 46,
Appendix, Shipping.
Hovering vessel defined, see sections 1401, 1709 of this title.
19 USC 1702. Repealed. June 25, 1948, ch. 645, 21, 62 Stat. 862,
eff. Sept. 1, 1948
TITLE 19 -- CUSTOMS DUTIES
Section, act Aug. 5, 1935, ch. 438, title I, 2, 49 Stat. 518,
related to smuggling into territory of a foreign government. See
section 546 of Title 18, Crimes and Criminal Procedure.
19 USC 1703. Seizure and forfeiture of vessels
TITLE 19 -- CUSTOMS DUTIES
(a) Vessels subject to seizure and forfeiture
Whenever any vessel which shall have been built, purchased, fitted
out in whole or in part, or held, in the United States or elsewhere, for
the purpose of being employed to defraud the revenue or to smuggle any
merchandise into the United States, or to smuggle any merchandise into
the territory of any foreign government in violation of the laws there
in force, if under the laws of such foreign government any penalty or
forfeiture is provided for violation of the laws of the United States
respecting the customs revenue, or whenever any vessel which shall be
found, or discovered to have been employed, or attempted to be employed,
within the United States for any such purpose, or in anywise in
assistance thereof, or whenever any vessel of the United States which
shall be found, or discovered to have been, employed, or attempted to be
employed at any place, for any such purpose, or is anywise in assistance
thereof, if not subsequently forfeited to the United States or to a
foreign government, is found at any place at which any such vessel may
be examined by an officer of the customs in the enforcement of any law
respecting the revenue, the said vessel and its cargo shall be seized
and forfeited.
(b) ''Vessels of the United States'' defined
Every vessel which is documented, owned, or controlled in the United
States, and every vessel of foreign registry which is, directly or
indirectly, substantially owned or controlled by any citizen of, or
corporation incorporated, owned, or controlled in, the United States,
shall, for the purposes of this section, be deemed a vessel of the
United States.
(c) Acts constituting prima facie evidence vessel engaged in
smuggling
For the purposes of this section, the fact that a vessel has become
subject to pursuit as provided in section 1581 of this title, or is a
hovering vessel, or that a vessel fails, at any place within the customs
waters of the United States or within a customs-enforcement area, to
display lights as required by law, shall be prima facie evidence that
such vessel is being, or has been, or is attempted to be employed to
defraud the revenue of the United States.
(Aug. 5, 1935, ch. 438, title I, 3, 49 Stat. 518.)
19 USC 1704. Refusal or revocation of registry, enrollment, license or
number on evidence that vessel engaging in smuggling; appeal; immunity
from liability
TITLE 19 -- CUSTOMS DUTIES
Subject to appeal to the Secretary of the Treasury and under such
regulations as he may prescribe, whenever either the collector of
customs of the district in which any vessel is, or is sought to be,
registered, enrolled, or licensed, or the Commandant of the Coast Guard
in the case of any vessel which is, or is sought to be numbered, is
shown upon evidence which he deems sufficient that such vessel is being,
or is intended to be, employed to smuggle, transport, or otherwise
assist in the unlawful introduction or importation into the United
States of any merchandise or person, or to smuggle any merchandise into
the territory of any foreign government in violation of the laws there
in force, if under the laws of such foreign government any penalty or
forfeiture is provided for violation of the laws of the United States
respecting the customs revenue, or whenever, from the design or fittings
of any vessel or the nature of any repairs made thereon, it is apparent
to such collector or Commandant that such vessel has been built or
adapted for the purpose of smuggling merchandise, the said collector or
Commandant shall revoke the registry, enrollment, license, or number of
said vessel or refuse the same if application be made therefor, as the
case may be. Such collector or Commandant and all persons acting by or
under his direction shall be indemnified from any penalties or actions
for damages for carrying out the provisions of this section.
(Aug. 5, 1935, ch. 438, title I, 4, 49 Stat. 519; 1946 Reorg. Plan
No. 3, 101-104, eff. July 16, 1946, 11 F.R. 7875, 60 Stat. 1097.)
Coast Guard transferred to Department of Transportation and
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by section 6(b)(1)
of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2),
however, provided that notwithstanding such transfer of functions, Coast
Guard shall operate as part of Navy in time of war or when President
directs as provided in section 3 of Title 14, Coast Guard. See section
108 of Title 49, Transportation.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise in Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than December 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79
Stat. 1317, set out as a note under section 1 of this title.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions, by any of those officers, agencies, and employees, by Reorg.
Plan No. 26, of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Under the Plan, collectors of customs and
Commandant of Coast Guard were officers of Department of the Treasury,
but, in case of Coast Guard, and Commandant thereof, the Plan provided
that, notwithstanding transfer of functions, Coast Guard should continue
to operate as a part of Navy, subject to orders of Secretary of the
Navy, in time of war or when President directed, as provided in sections
1 and 3 of Title 14, Coast Guard.
''Secretary of the Treasury'' substituted in text for ''Secretary of
Commerce'' and provisions of this section relating to the numbering of
vessels were changed to show that such functions were vested in
Commandant of Coast Guard instead of collectors of customs on authority
of Reorg. Plan No. 3 of 1946, set out in the Appendix to Title 5.
Specifically, ''the Commandant of the Coast Guard in the case of any
vessel which is, or is sought to be'' was inserted before ''numbered''
and ''or Commandant'' was inserted after ''collector'' in three places.
Definition of enrollment, license, or register with respect to vessel
documentation, see section 12101 of Title 46, Shipping.
19 USC 1705. Destruction of forfeited vessel or vehicle
TITLE 19 -- CUSTOMS DUTIES
Any vessel or vehicle forfeited to the United States, whether
summarily or by a decree of any court, for violation of any law
respecting the revenue, may, in the discretion of the Secretary of the
Treasury, if he deems it necessary to protect the revenue of the United
States, be destroyed in lieu of the sale thereof under existing law.
(Aug. 5, 1935, ch. 438, title I, 5, 49 Stat. 519.)
19 USC 1706. Importation in vessels under thirty tons and aircraft;
licenses; labels as prima facie evidence of foreign origin of
merchandise
TITLE 19 -- CUSTOMS DUTIES
Except into the districts adjoining to the Dominion of Canada, or
into the districts adjacent to Mexico, no merchandise of foreign growth
or manufacture subject to the payment of duties shall be brought into
the United States from any foreign port or place, or from any hovering
vessel, in any vessel of less than thirty net tons burden without
special license granted by the Secretary of the Treasury under such
conditions as he may prescribe, nor in any other manner than by sea,
except by aircraft duly licensed in accordance with law, or landed or
unladen at any other port than is directed by law, under the penalty of
seizure and forfeiture of all such unlicensed vessels or aircraft and of
the merchandise imported therein, landed or unladen in any manner.
Marks, labels, brands, or stamps, indicative of foreign origin, upon or
accompanying merchandise or containers of merchandise found upon any
such vessel or aircraft, shall be prima facie evidence of the foreign
origin of such merchandise.
(Aug. 5, 1935, ch. 438, title I, 6, 49 Stat. 519.)
19 USC 1707. Certificate for importation of alcoholic liquors in small
vessels; bond where liquor destined to foreign port; penalty for
failure to carry; lost, defaced, or incorrect certificate as relieving
from penalty
TITLE 19 -- CUSTOMS DUTIES
In addition to any other requirement of law, every vessel, not
exceeding five hundred net tons, from a foreign port or place, or which
has visited a hovering vessel, shall carry a certificate for the
importation into the United States of any spirits, wines, or other
alcoholic liquors on board thereof (sea stores excepted), destined to
the United States, said certificate to be issued by a consular officer
of the United States or other authorized person pursuant to such
regulations as the Secretary of State and the Secretary of the Treasury
may jointly prescribe. Any spirits, wines, or other alcoholic liquors
(sea stores excepted) found, or discovered to have been, upon any such
vessel at any place in the United States, or within the customs waters,
without said certificate on board, which are not shown to have a bona
fide destination without the United States, shall be seized and
forfeited and, in the case of any such merchandise so destined to a
foreign port or place, a bond shall be required in double the amount of
the duties to which such merchandise would be subject if imported into
the United States, conditioned upon the delivery of said merchandise at
such foreign port or place as may be certified by a consular officer of
the United States or otherwise as provided in said regulations:
Provided, That if the collector shall be satisfied that the certificate
required for the importation of any spirits, wines, or other alcoholic
liquors was issued and was lost or mislaid without fraud, or was defaced
by accident, or is incorrect by reason of clerical error or other
mistake, said penalties shall not be incurred nor shall such bond be
required. This section shall take effect on the sixtieth day following
August 5, 1935.
(Aug. 5, 1935, ch. 438, title I, 7, 49 Stat. 520.)
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise in Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than Dec. 31, 1966, by
Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat.
1317, set out as a note under section 1 of this title.
19 USC 1708. Lading vessel in foreign port with liquor for importation
TITLE 19 -- CUSTOMS DUTIES
(a) Allowing lading without certificate for importation; liability
of master
If the master of any vessel of the United States, not exceeding five
hundred net tons, allows such vessel to be laden at any foreign port or
other place without the United States with any merchandise destined to
the United States and consisting of any spirits, wines, or other
alcoholic liquors (sea stores excepted), which facts may be evidenced by
the testimony or depositions of foreign administrative officials or
certified copies of their records or by other sufficient evidence,
without certificate issued for the importation of such merchandise into
the United States as required by section 1707 of this title, the master
of such vessel shall, in addition to any other penalties provided by
law, be liable to a penalty equal to the value of the said merchandise
but not less than $1,000 and such vessel and such merchandise shall be
seized and forfeited.
(b) Procuring lading with intent to defraud revenue laws; liability
of citizen, master, and members of crew of United States vessel
Whoever, being a citizen of the United States or a master or a member
of the crew of a vessel of the United States, if such vessel does not
exceed five hundred net tons, shall, with intent to defraud the revenue
of the United States, procure, or aid or assist in procuring, any
merchandise destined to the United States and consisting of any spirits,
wines, or other alcoholic liquors, without certificate issued for the
importation thereof into the United States as required by section 1707
of this title, to be laden upon such vessel at any foreign port or other
place without the United States, which facts may be evidenced by the
testimony or depositions of foreign administrative officials or
certified copies of their records or by other sufficient evidence,
shall, in addition to any other penalties provided by law, be liable to
a fine of not more than $1,000 or to imprisonment for not more than two
years, or to both such fine and imprisonment.
(Aug. 5, 1935, ch. 438, title I, 8, 49 Stat. 520.)
19 USC 1709. Definitions
TITLE 19 -- CUSTOMS DUTIES
When used in this Act:
(a) The term ''United States'', when used in a geographical sense,
includes all Territories and possessions of the United States, except
the Virgin Islands, the Canal Zone, American Samoa, Wake Island, Midway
Islands, Kingman Reef, Johnston Island, and the island of Guam.
(b) The term ''officer of the customs'' means any officer of the
Customs Service or any commissioned, warrant, or petty officer of the
Coast Guard, or agent or other person authorized by law or by the
Secretary of the Treasury, or appointed in writing by a collector, to
perform the duties of an officer of the Customs Service.
(c) The term ''customs waters'' means, in the case of a foreign
vessel subject to a treaty or other arrangement between a foreign
government and the United States enabling or permitting the authorities
of the United States to board, examine, search, seize, or otherwise to
enforce upon such vessel upon the high seas the laws of the United
States, the waters within such distance of the coast of the United
States as the said authorities are or may be so enabled or permitted by
such treaty or arrangement and, in the case of every other vessel, the
waters within four leagues of the coast of the United States.
(d) The term ''hovering vessel'' means any vessel which is found or
kept off the coast of the United States within or without the customs
waters, if, from the history, conduct, character, or location of the
vessel, it is reasonable to believe that such vessel is being used or
may be used to introduce or promote or facilitate the introduction or
attempted introduction of merchandise into the United States in
violation of the laws respecting the revenue.
(Aug. 5, 1935, ch. 438, title IV, 401, 49 Stat. 529; June 25, 1938,
ch. 679, 2, 52 Stat. 1077; Proc. No. 2695, July 4, 1946, 11 F.R. 7517,
60 Stat. 1352; June 30, 1955, ch. 258, 2(b), 69 Stat. 242.)
This Act, referred to in text, means act Aug. 5, 1935, which enacted
this chapter and sections 1432a and 1601a of this title and amended
sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587,
1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of
former Title 46, Shipping, and sections 91, 277, 319, 325 of Title 46,
Appendix. For complete classification of this Act to the Code, see
Tables.
For definition of Canal Zone, referred to in subsec. (a), see
section 3602(b) of Title 22, Foreign Relations and Intercourse.
Words ''the Philippine Islands'' in subsec. (a) were omitted on
authority of Proc. No. 2695, which is set out as a note under section
1394 of Title 22, Foreign Relations and Intercourse, and in which the
President proclaimed the independence of the Philippines.
1955 -- Subsec. (a). Act June 30, 1955, inserted ''Johnston
Island''.
1938 -- Subsec. (a). Act June 25, 1938, inserted ''Wake Island,
Midway Islands, Kingman Reef'' before ''and the island of Guam.''
Amendment by act June 30, 1955, effective July 1, 1955, see note set
out under section 1401 of this title.
Amendment by act June 25, 1938, effective on thirtieth day following
June 25, 1938, except as otherwise specifically provided, see section 37
of act June 25, 1938, set out as a note under section 1401 of this
title.
Coast Guard transferred to Department of Transportation and
functions, powers, and duties, relating to Coast Guard, of Secretary of
the Treasury and of other offices and officers of Department of the
Treasury transferred to Secretary of Transportation by section 6(b)(1)
of Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 938. Section 6(b)(2),
however, provided that notwithstanding such transfer of functions, Coast
Guard shall operate as part of Navy in time of war or when President
directs as provided in section 3 of Title 14, Coast Guard. See section
108 of Title 49, Transportation.
All offices of collector of customs, comptroller of customs, surveyor
of customs, and appraiser of merchandise in Bureau of Customs of
Department of the Treasury to which appointments were required to be
made by President with advice and consent of Senate ordered abolished,
with such offices to be terminated not later than December 31, 1966, by
Reorg. Plan No. 1, of 1965, eff. May 25, 1965, 30 F.R. 7035, 79
Stat. 1317, set out as a note under section 1, of this title.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions, by any of those officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees. Under the Plan, collectors of customs and
Commandant of Coast Guard were officers of Department of the Treasury,
but, in case of Coast Guard and Commandant thereof, the Plan provided
that, notwithstanding transfer of functions, Coast Guard should continue
to operate as a part of Navy, subject to orders of Secretary of the
Navy, in time of war or when President directed, as provided in sections
1 and 3 of Title 14, Coast Guard.
19 USC 1710. Separability
TITLE 19 -- CUSTOMS DUTIES
If any clause, sentence, paragraph, or part of this Act, or the
application thereof to any person, or circumstances, is held invalid,
the application thereof to other persons, or circumstances, and the
remainder of the Act, shall not be affected thereby.
(Aug. 5, 1935, ch. 438, title IV, 402, 49 Stat. 529.)
This Act, referred to in text, means act Aug. 5, 1935, which enacted
this chapter and sections 1432a and 1601a of this title and amended
sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587,
1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of
former Title 46, Shipping, and sections 91, 277, 319, 325 of Title 46,
Appendix. For complete classification of this Act to the Code, see
Tables.
19 USC 1711. Citation of chapter
TITLE 19 -- CUSTOMS DUTIES
This Act may be cited as the ''Anti-Smuggling Act''.
(Aug. 5, 1935, ch. 438, title IV, 403, 49 Stat. 529.)
This Act, referred to in text, means act Aug. 5, 1935, which enacted
this chapter and sections 1432a and 1601a of this title and amended
sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587,
1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of
former Title 46, Shipping, and sections 91, 277, 319, 325 of Title 46,
Appendix. For complete classification of this Act to the Code, see
Tables.
19 USC CHAPTER 6 -- TRADE FAIR PROGRAM
TITLE 19 -- CUSTOMS DUTIES
Sec.
1751. Designation of fairs.
(a) Notice to Secretary of the Treasury.
(b) Definitions.
(c) Regulations.
1752. Entry of articles for fairs.
1753. Disposition of articles entered for fairs.
(a) Disposition upon payment of duties and taxes.
(b) Disposition without payment of duties or taxes.
(c) Mandatory abandonment to Government.
(d) Period for performance of certain acts.
1754. Marking, packaging, and labeling requirements.
(a) Marking requirements of the customs laws.
(b) Packaging, marking, or labeling requirements of the
internal-revenue laws or the Federal Alcohol Administration Act.
1755. Responsibilities of fair operator.
(a) Sole consignee and importer.
(b) Reimbursement of customs charges and expenses.
1756. Regulations.
19 USC 1751. Designation of fairs
TITLE 19 -- CUSTOMS DUTIES
(a) Notice to Secretary of the Treasury
When the Secretary of Commerce is satisfied that the public interest
in promoting trade will be served by allowance of the privileges
provided for in this chapter to any fair to be held in the United
States, he shall so advise the Secretary of the Treasury, designating
(1) the name of the fair, (2) the place where the fair will be held, (3)
the date when the fair will open and the date when it will close, and
(4) the name of the operator of the fair.
(b) Definitions
For purposes of this chapter --
(1) The term ''fair'' means any fair, exhibition, or exposition
designated by the Secretary of Commerce pursuant to this section.
(2) The term ''closing date'' in the case of any fair means the date
designated pursuant to subsection (a)(3) of this section as the date
when the fair will close, or (if earlier) the date on which such fair
actually closes.
(c) Regulations
The Secretary of Commerce may prescribe such regulations as he deems
necessary or appropriate to carry out the provisions of this section.
(Pub. L. 86-14, 2, Apr. 22, 1959, 73 Stat. 18.)
Section 1 of Pub. L. 86-14 provided: ''This Act (enacting this
chapter) may be cited as the 'Trade Fair Act of 1959'.''
19 USC 1752. Entry of articles for fairs
TITLE 19 -- CUSTOMS DUTIES
Any article imported or brought into the United States --
(1) which is in continuous customs custody, covered by a customs
exhibition bond, or in a foreign trade zone, and
(2) on which no duty or internal-revenue tax has been paid,
may, without payment of any duty or internal-revenue tax, be entered
under bond under this section for the purpose of exhibition at a fair,
or for use in constructing, installing, or maintaining foreign exhibits
at a fair.
(Pub. L. 86-14, 3, Apr. 22, 1959, 73 Stat. 18.)
Presidential determination of cultural significance of objects and
exhibition or display thereof in the national interest, see section 2459
of Title 22, Foreign Relations and Intercourse.
19 USC 1753. Disposition of articles entered for fairs
TITLE 19 -- CUSTOMS DUTIES
(a) Disposition upon payment of duties and taxes
At any time before, or within 3 months after, the closing date of any
fair, any article entered for such fair under section 1752 of this title
may be sold or otherwise disposed of within, or may be removed from, the
area of such fair. This subsection shall apply only if, before such
disposition or removal --
(1) the article, after the entry for such fair under section 1752 of
this title, has been entered under any provision of the customs laws,
and
(2) any applicable duties and internal-revenue taxes are paid on such
article in its condition and quantity, and at the rate in effect, at the
time of such entry as if such article were imported or brought into the
United States at the time of such entry.
(b) Disposition without payment of duties or taxes
At any time before, or within 3 months after, the closing date of any
fair, any article entered for such fair under section 1752 of this title
may, without the payment of any duties or internal-revenue taxes, be --
(1) exported,
(2) transferred from such fair to other customs custody status or to
a foreign-trade zone,
(3) destroyed, or
(4) abandoned to the Government.
(c) Mandatory abandonment to Government
If any article entered under section 1752 of this title is still in
customs custody, under such entry, at the expiration of 3 months after
the closing date of the fair for which it was entered, such article
shall thereupon be regarded as an article abandoned to the Government
and shall be subject to sale or destruction of the article and
disposition of the proceeds of sale in the manner provided for in
sections 1491, 1492, and 1493 of this title. For purposes of this
subsection, any duties or internal-revenue taxes on the article shall be
computed on the basis of its condition and quantity at the time it
becomes subject to sale.
(d) Period for performance of certain acts
Whenever any article entered under section 1752 of this title is
transferred pursuant to subsection (b)(2) of this section or entered
under subsection (a) of this section, the period prescribed for the
performance of any act required by the provision governing the status to
which the article is transferred, or under which the article is entered,
shall run from the date of such transfer or entry.
(Pub. L. 86-14, 4, Apr. 22, 1959, 73 Stat. 18.)
The customs laws, referred to in subsec. (a)(1), are classified
generally to this title.
19 USC 1754. Marking, packaging, and labeling requirements
TITLE 19 -- CUSTOMS DUTIES
(a) Marking requirements of the customs laws
Articles entered under section 1752 of this title shall not be
subject to any marking requirements of the customs laws, except that
when any such article is entered for consumption under section 1753 of
this title it shall not be released from customs custody until the
marking requirements of the customs laws have been complied with.
(b) Packaging, marking, or labeling requirements of the
internal-revenue laws or the Federal Alcohol Administration Act
Articles entered under section 1752 of this title shall not be
subject to the packaging, marking, or labeling requirements of the
internal-revenue laws or of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.), except that any such article failing to comply with
such requirements --
(1) shall be conspicuously marked prior to exhibition ''Not labeled
or packaged as required by law -- not for sale'', and
(2) when entered for consumption under section 1753 of this title,
shall not be released from customs custody until such packaging,
marking, and labeling requirements have been complied with.
The application of the permit requirements of the Federal Alcohol
Administration Act and the occupational taxes prescribed by chapter 51
of the Internal Revenue Code of 1986 shall be determined without regard
to this chapter.
(Pub. L. 86-14, 5, Apr. 22, 1959, 73 Stat. 19; Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095.)
The customs laws, referred to in subsec. (a), are classified
generally to this title.
The internal-revenue laws, referred to in subsec. (b), are
classified generally to Title 26, Internal Revenue Code.
The Federal Alcohol Administration Act, referred to in subsec. (b),
is act Aug. 29, 1935, ch. 814, 49 Stat. 977, as amended, which is
classified generally to subchapter I ( 201 et seq.) of chapter 8 of
Title 27, Intoxicating Liquors. For complete classification of this Act
to the Code, see section 201 of Title 27 and Tables.
Chapter 51 of the Internal Revenue Code of 1986, referred to in
subsec. (b), is classified to section 5001 et seq. of Title 26,
Internal Revenue Code.
1986 -- Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue
Code of 1986'' for ''Internal Revenue Code of 1954''.
19 USC 1755. Responsibilities of fair operator
TITLE 19 -- CUSTOMS DUTIES
(a) Sole consignee and importer
Each fair operator designated by the Secretary of Commerce pursuant
to section 1751 of this title shall be deemed the sole consignee and
importer of all articles entered under section 1752 of this title for
the fair for which such operator has been designated.
(b) Reimbursement of customs charges and expenses
The actual and necessary customs charges for labor, services, and
other expenses in connection with the entry, examination, appraisement,
custody, abandonment, destruction, or release of articles entered under
section 1752 of this title, together with the necessary charges for
salaries of customs officers and employees in connection with the
accounting for, custody of, and supervision over, such articles, shall
be reimbursed to the United States by the operator of the fair for which
they are entered. Receipts from such reimbursements shall be deposited
as refunds to the appropriation from which paid, in the manner provided
for in section 1524 of this title.
(Pub. L. 86-14, 6, Apr. 22, 1959, 73 Stat. 19.)
19 USC 1756. Regulations
TITLE 19 -- CUSTOMS DUTIES
The Secretary of the Treasury may prescribe such regulations as may
be necessary or appropriate to carry out the provisions of this chapter
(other than section 1751 thereof).
(Pub. L. 86-14, 7, Apr. 22, 1959, 73 Stat. 19.)
19 USC CHAPTER 7 -- TRADE EXPANSION PROGRAM
TITLE 19 -- CUSTOMS DUTIES
Sec.
1801. Statement of purposes.
1802 to 1805. Repealed.
1806. Definitions.
1821. Basic authority for trade agreements.
(a) Determination by President; trade agreements; modification or
continuance of existing duties.
(b) Restrictions on decrease or increase in rate of duty.
1822. Repealed.
1823. Waiver of limitation on decrease in duty and negotiation and
staging requirements for dicyandiamide and limestone.
1831 to 1833. Repealed.
1841 to 1846. Repealed.
1861. Repealed.
1862. Safeguarding national security.
(a) Prohibition on decrease or elimination of duties or other import
restrictions if such reduction or elimination would threaten to impair
national security.
(b) Investigations by Secretary of Commerce to determine effects on
national security of imports of articles; consultation with Secretary
of Defense and other officials; hearings; assessment of defense
requirements; report to President; publication in Federal Register;
promulgation of regulations.
(c) Adjustment of imports; determination by President; report to
Congress; additional actions; publication in Federal Register.
(d) Domestic production for national defense; impact of foreign
competition on economic welfare of domestic industries.
(d) Reports by Secretary of Commerce and President.
(f) Congressional disapproval of Presidential adjustment of imports
of petroleum or petroleum products; disapproval resolution.
1863. Repealed.
1864. Import sanctions for export violations.
1871. Repealed.
1872. Interagency trade organization.
(a) Establishment; functions; membership and composition;
participation of representatives of other agencies; meetings.
(b) Duties.
(c) Use of resources of agencies; procedures and committees.
1873. Repealed.
1881. Most-favored-nation principle.
1882 to 1884. Repealed.
1885. Termination of proclamations.
1886. Repealed.
1887. Limitation on imports under section 624 of title 7.
1888. References in other laws.
1901, 1902. Repealed.
1911 to 1915. Repealed.
1916. Administration of financial assistance; recording of
mortgages.
(a) Guarantees, agreements for deferred participation, and loans.
(b) Mortgages.
1917. Repealed.
1918. Protective provisions.
(a) Maintenance of records by recipients of assistance.
(b) Access to books, documents, papers, and records for purpose of
audit and examination.
(c) Certification of names and fees of attorneys, agents, and other
persons engaged for purpose of expediting applications for assistance.
(d) Agreement with respect to employment of persons who occupied a
position, or engaged in activities which the Secretary of Commerce
determines involved discretion.
1919. Penalties.
1920. Suits by and against Secretary of Commerce.
1931. Repealed.
1941 to 1944. Repealed.
1951, 1952. Repealed.
1961 to 1963. Repealed.
1971 to 1978. Repealed.
1981. General authority.
(a) Proclamation of increase in, or imposition of, any duty or other
import restriction; report to the Congress; adoption of resolution of
approval; request for additional information.
(b) Maximum rate of increase.
(c) Reduction, termination, or extension of increase in, or
imposition of, any duty or other import restriction.
(d) Review of developments with respect to industries concerned;
annual report to President; advice of probable economic effect;
considerations; investigations; hearings.
(e) Conformity of trade agreements with this section.
1982. Marketing agreements.
(a) Negotiations.
(b) Regulations governing entry or withdrawal from warehouse.
1991. Repealed.
section 1262.
19 USC SUBCHAPTER I -- GENERAL PROVISIONS
TITLE 19 -- CUSTOMS DUTIES
19 USC 1801. Statement of purposes
TITLE 19 -- CUSTOMS DUTIES
The purposes of this chapter are, through trade agreements affording
mutual trade benefits --
(1) to stimulate the economic growth of the United States and
maintain and enlarge foreign markets for the products of United States
agriculture, industry, mining, and commerce;
(2) to strengthen economic relations with foreign countries through
the development of open and nondiscriminatory trading in the free world;
and
(3) to prevent Communist economic penetration.
(Pub. L. 87-794, title I, 102, Oct. 11, 1962, 76 Stat. 872.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-794, which is classified principally to this
chapter. For complete classification of Pub. L. 87-794 to the Code,
see Short Title note below and Tables.
Section 101 of Pub. L. 87-794 provided that: ''This Act (enacting
this chapter and section 1323 of this title, amending sections 1351 and
1352 of this title, and sections 172, 6501, and 6511 of Title 26,
Internal Revenue Code, repealing sections 1352a and 1362 to 1365 of this
title, enacting provisions set out as notes under section 1352 and
former sections 1352a, 1362, and 1364 of this title, and under section
172 of Title 26, and amending provisions of the Tariff Classification
Act of 1962, set out as a note preceding section 1202 of this title) may
be cited as the ''Trade Expansion Act of 1962'.''
The legal authority for the establishment and operation of the Office
of the Special Representative for Trade Negotiations in the Executive
Office of the President was changed by section 141 of the Trade Act of
1974, which is set out as section 2171 of this title. For abolition of
the Office as established under Ex. Ord. No. 11075 (see below), and for
establishment of the Office pursuant instead to the Trade Act of 1974,
with provision for the transfer of assets, liabilities, contracts,
property, records, unexpended balances and funds, and personnel to the
Office as established pursuant to statute rather than Ex. Ord. 11075,
see section 2171 of this title.
For provisions relating to establishment of President's Export
Council and the Council's functions concerning export expansion, see Ex.
Ord. No. 12131, May 4, 1979, 44 F.R. 26841, set out as a note under
section 2401 of Title 50, Appendix, War and National Defense.
Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, as amended by Ex.
Ord. No. 11106, Apr. 18, 1963, 28 F.R. 3911; Ex. Ord. No. 11113, June
15, 1963, 28 F.R. 6183, which related to the administration of the trade
agreements program, was revoked by Ex. Ord. No. 11846, Mar. 27, 1975,
40 F.R. 14291, set out as a note under section 2111 of this title.
19 USC 1802 to 1805. Repealed. Pub. L. 93-618, title VI, 602(d),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1802, Pub. L. 87-794, title IV, 401, Oct. 11, 1962, 76
Stat. 902, enumerated activities to be performed by heads of agencies
in performing functions under Trade Expansion Act of 1962.
Section 1803, Pub. L. 87-794, title IV, 402, Oct. 11, 1962, 76
Stat. 902, required an annual Presidential report to Congress on trade
agreement program and on tariff adjustment and other adjustment
assistance. See section 2213 of this title.
Section 1804, Pub. L. 87-794, title IV, 403, Oct. 11, 1962, 76
Stat. 902, covered operations of United States Tariff Commission (now
the United States International Trade Commission). See section 2231 of
this title.
Section 1805, Pub. L. 87-794, title IV, 404, Oct. 11, 1962, 76
Stat. 902, provided for separability of provisions of Trade Expansion
Act of 1962. See section 605 of Pub. L. 93-618, set out as a note
under section 2101 of this title, for provisions covering separability
of various parts of Trade Act of 1974.
19 USC 1806. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this chapter --
(1) Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3, 1975, 88
Stat. 2072.
(2) The term ''duty or other import restriction'' includes (A) the
rate and form of an import duty, and (B) a limitation, prohibition,
charge, and exaction other than duty, imposed on importation or imposed
for the regulation of imports.
(3) to (5) Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3,
1975, 88 Stat. 2072.
(6) The term ''modification'', as applied to any duty or other import
restriction, includes the elimination of any duty.
(Pub. L. 87-794, title IV, 405, Oct. 11, 1962, 76 Stat. 902; Pub.
L. 93-618, title VI, 602(d), Jan. 3, 1975, 88 Stat. 2072.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-794, which is classified principally to this
chapter. For complete classification of Pub. L. 87-794 to the Code,
see Short Title note set out under section 1801 of this title and
Tables.
1975 -- Pub. L. 93-618 repealed pars. (1), (3), (4), and (5), which
defined ''agency'', ''firm'', ''directly competitive with'', and
''product of a country'', respectively. See section 2481 of this title.
19 USC SUBCHAPTER II -- TRADE AGREEMENTS
TITLE 19 -- CUSTOMS DUTIES
19 USC Part I -- General Authority
TITLE 19 -- CUSTOMS DUTIES
19 USC 1821. Basic authority for trade agreements
TITLE 19 -- CUSTOMS DUTIES
(a) Determination by President; trade agreements; modification or
continuance of existing duties
Whenever the president determines that any existing duties or other
import restrictions of any foreign country or the United States are
unduly burdening and restricting the foreign trade of the United States
and that any of the purposes stated in section 1801 of this title will
be promoted thereby, the President may --
(1) after June 30, 1962, and before July 1, 1967, enter into trade
agreements with foreign countries or instrumentalities thereof; and
(2) proclaim such modification or continuance of any existing duty or
other import restriction, such continuance of existing duty-free or
excise treatment, or such additional import restrictions, as he
determines to be required or appropriate to carry out any such trade
agreement.
(b) Restrictions on decrease or increase in rate of duty
Except as otherwise provided in this subchapter, no proclamation
pursuant to subsection (a) of this section shall be made --
(1) decreasing any rate of duty to a rate below 50 percent of the
rate existing on July 1, 1962; or
(2) increasing any rate of duty to (or imposing) a rate more than 50
percent above the rate existing on July 1, 1934.
(Pub. L. 87-794, title II, 201, Oct. 11, 1962, 76 Stat. 872.)
Pub. L. 90-234, 2(b)(2), Dec. 30, 1967, 81 Stat. 752, provided
that: ''The amendments made by the first section of this Act, insofar
as such amendments relate to items 725.24 and 726.70 of the Tariff
Schedules of the United States, shall not affect the authority of the
President contained in section 201(a)(2) of the Trade Expansion Act of
1962 (subsec. (a)(2) of this section).''
Duty-free treatment pursuant to this chapter of dicyandiamide in item
425.40 and limestone when imported for use in manufacture of cement in
item 513.34 of the Tariff Schedules of the United States, by provision
for non-application of subsec. (b)(1) of this section, see section 1823
of this title.
19 USC 1822. Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title II, 202, Oct. 11, 1962, 76 Stat.
872, made special provision for low-rate articles.
19 USC 1823. Waiver of limitation on decrease in duty and negotiation
and staging requirements for dicyandiamide and limestone
TITLE 19 -- CUSTOMS DUTIES
For purposes of this chapter, section 1821(b)(1) of this title
(relating to limit on decrease in duty), sections 1841, 1843, and 1844
of this title (relating to certain requirements concerning
negotiations), and section 1883 of this title (relating to staging
requirements) shall not apply with respect to dicyandiamide provided for
in item 425.40 of the Tariff Schedules of the United States, and shall
not apply with respect to limestone, when imported to be used in the
manufacture of cement, provided for in item 513.34 of such Schedules.
(Pub. L. 90-14, May 5, 1967, 81 Stat. 14.)
This chapter, referred to in text, was in the original ''the Trade
Expansion Act of 1962'' meaning Pub. L. 87-794, Oct. 11, 1962, 76
Stat. 872, which is classified principally to this chapter. For
complete classification of Pub. L. 87-794, to the Code, see Short Title
note set out under section 1801 of this title and Tables.
Sections 1841, 1843, 1844 and 1883, referred to in text, were
repealed by Pub. L. 93-618, title VI, 602(d), Jan. 3, 1975, 88 Stat.
2072.
The Tariff Schedules of the United States, referred to in text, to be
treated as a reference to the Harmonized Tariff Schedule pursuant to
section 3012 of this title. The Harmonized Tariff Schedule is not set
out in the Code. See Publication of Harmonized Tariff Schedule note set
out under section 1202 of this title.
Section was not enacted as part of the Trade Expansion Act of 1962
which is classified principally to this chapter.
19 USC Part II -- European Economic Community
TITLE 19 -- CUSTOMS DUTIES
19 USC 1831 to 1833. Repealed. Pub. L. 93-618, title VI, 602(d),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1831, Pub. L. 87-794, title II, 211, Oct. 11, 1962, 76
Stat. 873, made provision for trade agreements with the European
Economic Community.
Section 1832, Pub. L. 87-794, title II, 212, Oct. 11, 1962, 76
Stat. 874, made special provision for trade agreements covering
agricultural commodities.
Section 1833, Pub. L. 87-794, title II, 213, Oct. 11, 1962, 76
Stat. 874, made special provision for trade agreements covering
tropical agricultural and forestry commodities.
19 USC Part III -- Requirements Concerning Negotiations
TITLE 19 -- CUSTOMS DUTIES
19 USC 1841 to 1846. Repealed. Pub. L. 93-618, title VI, 602(d),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1841, Pub. L. 87-794, title II, 221, Oct. 11, 1962, 76
Stat. 874, made provision for the giving of advice by the Tariff
Commission (now the United States International Trade Commission)
concerning trade agreements. See section 2151 of this title.
Section 1842, Pub. L. 87-794, title II, 222, Oct. 11, 1962, 76
Stat. 875, made provision for the giving of advice by other sources
concerning trade agreements. See section 2152 of this title.
Section 1843, Pub. L. 87-794, title II, 223, Oct. 11, 1962, 76
Stat. 875, provided for public hearings in connection with proposed
trade agreements. See section 2153 of this title.
Section 1844, Pub. L. 87-794, title II, 224, Oct. 11, 1962, 76
Stat. 875, set out prerequisites for offers for modification or
continuance of duties or other import restrictions, or continuance of
duty-free or excise treatment. See section 2154 of this title.
Section 1845, Pub. L. 87-794, title II, 225, Oct. 11, 1962, 76
Stat. 876, provided for the reservation of articles from trade
negotiations. See section 2137 of this title.
Section 1846, Pub. L. 87-794, title II, 226, Oct. 11, 1962, 76
Stat. 876, provided for the transmission of agreements to Congress.
See section 2212 of this title.
19 USC Part IV -- National Security
TITLE 19 -- CUSTOMS DUTIES
19 USC 1861. Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title II, 231, Oct. 11, 1962, 76 Stat.
876; Pub. L. 88-205, pt. IV, 402, Dec. 16, 1963, 77 Stat. 390,
covered products of Communist countries or areas.
19 USC 1862. Safeguarding national security
TITLE 19 -- CUSTOMS DUTIES
(a) Prohibition on decrease or elimination of duties or other import
restrictions if such reduction or elimination would threaten to impair
national security
No action shall be taken pursuant to section 1821(a) of this title or
pursuant to section 1351 of this title to decrease or eliminate the duty
or other import restrictions on any article if the President determines
that such reduction or elimination would threaten to impair the national
security.
(b) Investigations by Secretary of Commerce to determine effects on
national security of imports of articles; consultation with Secretary
of Defense and other officials; hearings; assessment of defense
requirements; report to President; publication in Federal Register;
promulgation of regulations
(1)(A) Upon request of the head of any department or agency, upon
application of an interested party, or upon his own motion, the
Secretary of Commerce (hereafter in this section referred to as the
''Secretary'') shall immediately initiate an appropriate investigation
to determine the effects on the national security of imports of the
article which is the subject of such request, application, or motion.
(B) The Secretary shall immediately provide notice to the Secretary
of Defense of any investigation initiated under this section.
(2)(A) In the course of any investigation conducted under this
subsection, the Secretary shall --
(i) consult with the Secretary of Defense regarding the
methodological and policy questions raised in any investigation
initiated under paragraph (1),
(ii) seek information and advice from, and consult with, appropriate
officers of the United States, and
(iii) if it is appropriate and after reasonable notice, hold public
hearings or otherwise afford interested parties an opportunity to
present information and advice relevant to such investigation.
(B) Upon the request of the Secretary, the Secretary of Defense shall
provide the Secretary an assessment of the defense requirements of any
article that is the subject of an investigation conducted under this
section.
(3)(A) By no later than the date that is 270 days after the date on
which an investigation is initiated under paragraph (1) with respect to
any article, the Secretary shall submit to the President a report on the
findings of such investigation with respect to the effect of the
importation of such article in such quantities or under such
circumstances upon the national security and, based on such findings,
the recommendations of the Secretary for action or inaction under this
section. If the Secretary finds that such article is being imported
into the United States in such quantities or under such circumstances as
to threaten to impair the national security, the Secretary shall so
advise the President in such report.
(B) Any portion of the report submitted by the Secretary under
subparagraph (A) which does not contain classified information or
proprietary information shall be published in the Federal Register.
(4) The Secretary shall prescribe such procedural regulations as may
be necessary to carry out the provisions of this subsection.
(c) Adjustment of imports; determination by President; report to
Congress; additional actions; publication in Federal Register
(1)(A) Within 90 days after receiving a report submitted under
subsection (b)(3)(A) of this section in which the Secretary finds that
an article is being imported into the United States in such quantities
or under such circumstances as to threaten to impair the national
security, the President shall --
(i) determine whether the President concurs with the finding of the
Secretary, and
(ii) if the President concurs, determine the nature and duration of
the action that, in the judgment of the President, must be taken to
adjust the imports of the article and its derivatives so that such
imports will not threaten to impair the national security.
(B) If the President determines under subparagraph (A) to take action
to adjust imports of an article and its derivatives, the President shall
implement that action by no later than the date that is 15 days after
the day on which the President determines to take action under
subparagraph (A).
(2) By no later than the date that is 30 days after the date on which
the President makes any determinations under paragraph (1), the
President shall submit to the Congress a written statement of the
reasons why the President has decided to take action, or refused to take
action, under paragraph (1). Such statement shall be included in the
report published under subsection (e) of this section.
(3)(A) If --
(i) the action taken by the President under paragraph (1) is the
negotiation of an agreement which limits or restricts the importation
into, or the exportation to, the United States of the article that
threatens to impair national security, and
(ii) either --
(I) no such agreement is entered into before the date that is 180
days after the date on which the President makes the determination under
paragraph (1)(A) to take such action, or
(II) such an agreement that has been entered into is not being
carried out or is ineffective in eliminating the threat to the national
security posed by imports of such article,
the President shall take such other actions as the President deems
necessary to adjust the imports of such article so that such imports
will not threaten to impair the national security. The President shall
publish in the Federal Register notice of any additional actions being
taken under this section by reason of this subparagraph.
(B) If --
(i) clauses (i) and (ii) of subparagraph (A) apply, and
(ii) the President determines not to take any additional actions
under this subsection,
the President shall publish in the Federal Register such
determination and the reasons on which such determination is based.
(d) /1/ Domestic production for national defense; impact of foreign
competition on economic welfare of domestic industries
For the purposes of this section, the Secretary and the President
shall, in the light of the requirements of national security and without
excluding other relevant factors, give consideration to domestic
production needed for projected national defense requirements, the
capacity of domestic industries to meet such requirements, existing and
anticipated availabilities of the human resources, products, raw
materials, and other supplies and services essential to the national
defense, the requirements of growth of such industries and such supplies
and services including the investment, exploration, and development
necessary to assure such growth, and the importation of goods in terms
of their quantities, availabilities, character, and use as those affect
such industries and the capacity of the United States to meet national
security requirements. In the administration of this section, the
Secretary and the President shall further recognize the close relation
of the economic welfare of the Nation to our national security, and
shall take into consideration the impact of foreign competition on the
economic welfare of individual domestic industries; and any substantial
unemployment, decrease in revenues of government, loss of skills or
investment, or other serious effects resulting from the displacement of
any domestic products by excessive imports shall be considered, without
excluding other factors, in determining whether such weakening of our
internal economy may impair the national security.
(d) /1/ Reports by Secretary of Commerce and President
(1) Upon the disposition of each request, application, or motion
under subsection (b) of this section, the Secretary shall submit to the
Congress, and publish in the Federal Register, a report on such
disposition.
(2) The President shall submit to the Congress an annual report on
the operation of the provisions of this section.
(f) Congressional disapproval of Presidential adjustment of imports
of petroleum or petroleum products; disapproval resolution
(1) An action taken by the President under subsection (c) of this
section to adjust imports of petroleum or petroleum products shall cease
to have force and effect upon the enactment of a disapproval resolution,
provided for in paragraph (2), relating to that action.
(2)(A) This paragraph is enacted by the Congress --
(i) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is deemed a
part of the rules of each House, respectively, but applicable only with
respect to the procedures to be followed in that House in the case of
disapproval resolutions and such procedures supersede other rules only
to the extent that they are inconsistent therewith; and
(ii) with the full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedure of that
House) at any time, in the same manner, and to the same extent as any
other rule of that House.
(B) For purposes of this subsection, the term ''disapproval
resolution'' means only a joint resolution of either House of Congress
the matter after the resolving clause of which is as follows: ''That
the Congress disapproves the action taken under section 232 of the Trade
Expansion Act of 1962 with respect to petroleum imports under XXXXXX
dated XXXXXX.'', the first blank space being filled with the number of
the proclamation, Executive order, or other Executive act issued under
the authority of subsection (c) of this section for purposes of
adjusting imports of petroleum or petroleum products and the second
blank being filled with the appropriate date.
(C)(i) All disapproval resolutions introduced in the House of
Representatives shall be referred to the Committee on Ways and Means and
all disapproval resolutions introduced in the Senate shall be referred
to the Committee on Finance.
(ii) No amendment to a disapproval resolution shall be in order in
either the House of Representatives or the Senate, and no motion to
suspend the application of this clause shall be in order in either House
nor shall it be in order in either House for the Presiding Officer to
entertain a request to suspend the application of this clause by
unanimous consent.
(Pub. L. 87-794, title II, 232, Oct. 11, 1962, 76 Stat. 877; Pub.
L. 93-618, title I, 127(d), Jan. 3, 1975, 88 Stat. 1993; Pub. L.
96-223, title IV, 402, Apr. 2, 1980, 94 Stat. 301; Pub. L. 100-418,
title I, 1501(a), (b)(1), Aug. 23, 1988, 102 Stat. 1257, 1259.)
Section 232 of the Trade Expansion Act of 1962, referred to in
subsec. (f)(2)(B), is classified to this section.
1988 -- Subsec. (b). Pub. L. 100-418, 1501(a)(3), in adding subsec.
(b) and striking out former subsec. (b) relating to similar subject
matter, changed structure of subsec. (b) from a single unnumbered par.
to one consisting of pars. (1) to (4).
Subsec. (c). Pub. L. 100-418, 1501(a)(2), (3), added subsec. (c)
and redesignated former subsec. (c) as (d).
Subsec. (d). Pub. L. 100-418, 1501(b)(1), redesignated subsec. (e),
as redesignated by section 1501(a)(2) of Pub. L. 100-418, as subsec.
(d) and amended it generally. Prior to amendment, subsec. (d) read as
follows: ''A report shall be made and published upon the disposition of
each request, application, or motion under subsection (b) of this
section. The Secretary shall publish procedural regulations to give
effect to the authority conferred on him by subsection (b) of this
section.''
Pub. L. 100-418, 1501(a)(2), redesignated subsec. (c), relating to
domestic production for national defense and the impact of foreign
competition on economic welfare of domestic industries, as (d). Former
subsec. (d), relating to reports on investigations by Secretary of
Commerce, redesignated (e).
Subsec. (e). Pub. L. 100-418, 1501(b)(1), redesignated subsec. (e),
as redesignated by section 1501(a)(2) of Pub. L. 100-418, as subsec.
(d) and amended it generally.
Pub. L. 100-418, 1501(a)(2), redesignated subsec. (d), relating to
reports on investigations by Secretary of Commerce, as (e). Former
subsec. (e) redesignated (f).
Subsec. (f). Pub. L. 100-418, 1501(a)(1), (2), redesignated subsec.
(e) as (f), and substituted reference to subsec. (c) of this section
for reference to subsec. (b) of this section in pars. (1) and (2)(B).
1980 -- Subsec. (e). Pub. L. 96-223 added subsec. (e).
1975 -- Subsec. (b). Pub. L. 93-618, 127(d)(1)-(3), substituted
''Secretary of the Treasury (hereinafter referred to as the
'Secretary')'' for ''Director of the Office of Emergency Planning
(hereinafter in this section referred to as the 'Director')'',
substituted ''advice from, and shall consult with, the Secretary of
Defense, the Secretary of Commerce, and other appropriate officers of
the United States'' for ''advice from other appropriate departments and
agencies'', inserted provision for public hearings by the Secretary as
part of his investigation, inserted requirement that the Secretary
report to the President when he recommends inaction in the same way that
a report to the President is required when he recommends action under
this section, and placed a 1-year time limit on the Secretary's
investigation before making his recommendation to the President.
Subsecs. (c), (d). Pub. L. 93-618, 127(d)(4), substituted
''Secretary'' for ''Director''.
Section 1501(d) of Pub. L. 100-418 provided that:
''(1) Except as otherwise provided under this subsection, the
amendments made by this section (amending this section and repealing
section 1863 of this title) shall apply with respect to investigations
initiated under section 232(b) of the Trade Expansion Act of 1962 (19
U.S.C. 1862(b)) on or after the date of enactment of this Act (Aug. 23,
1988).
''(2) The provisions of subsection (c) of section 232 of the Trade
Expansion Act of 1962, as amended by this section, shall apply with
respect to any report submitted by the Secretary of Commerce to the
President under section 232(b) of such Act after the date of enactment
of this Act.
''(3) By no later than the date that is 90 days after the date of
enactment of this Act, the President shall make the determinations
described in section 232(c)(1)(A) of the Trade Expansion Act of 1962, as
amended by this section, with respect to any report --
''(A) which was submitted by the Secretary of Commerce to the
President under section 232(b) of such Act before the date of enactment
of this Act, and
''(B) with respect to which no action has been taken by the President
before the date of enactment of this Act.''
April 2, 1980; Cessation of Force and Effect of
Presidential Action
Pub. L. 96-264, 2, June 6, 1980, 94 Stat. 439, provided that:
''Notwithstanding any other provision of law, the action taken by the
President under section 232(b) of the Trade Expansion Act of 1962 (19
U.S.C. 1862(b)) with respect to petroleum imports under Proclamation
4744, dated April 2, 1980, as amended (formerly set out as a note under
this section), shall cease to have force and effect upon the date of the
enactment of this Act (June 6, 1980).''
Proc. No. 3279, Mar. 10, 1959, 24 F.R. 1781, as amended by Proc.
No. 3290, Apr. 30, 1959, 24 F.R. 3527; Proc. No. 3328, Dec. 10, 1959,
24 F.R. 10133; Proc. No. 3386, Dec. 24, 1960, 25 F.R. 13945; Proc.
No. 3389, Jan. 17, 1961, 26 F.R. 507; Ex. Ord. No. 11051, Sept. 27,
1962, 27 F.R. 9683; Proc. No. 3509, Nov. 30, 1962, 27 F.R. 11985;
Proc. No. 3531, Apr. 19, 1963, 28 F.R. 4077; Proc. No. 3541, June 12,
1963, 28 F.R. 5931; Proc. No. 3693, Dec. 10, 1965, 30 F.R. 15459;
Proc. No. 3779, Apr. 10, 1967, 32 F.R. 5919; Proc. No. 3794, July 17,
1967, 32 F.R. 10547; Proc. No. 3820, Nov. 9, 1967, 32 F.R. 15701;
Proc. No. 3823, Jan. 29, 1968, 33 F.R. 1171; Proc. No. 3969, Mar.
10, 1970, 35 F.R. 4321; Proc. No. 3990, June 17, 1970, 35 F.R. 10091;
Proc. No. 4018, Oct. 16, 1970, 35 F.R. 16357; Proc. No. 4025, Dec.
22, 1970, 35 F.R. 19391; Proc. No. 4092, Nov. 5, 1971, 36 F.R. 21397;
Proc. No. 4099, Dec. 20, 1971, 36 F.R. 24203; Proc. No. 4133, May 11,
1972, 37 F.R. 9543; Proc. No. 4156, Sept. 18, 1972, 37 F.R. 19115;
Proc. No. 4175, Dec. 16, 1972, 37 F.R. 28043; Proc. No. 4178, Jan.
17, 1973, 38 F.R. 1719; Ex. Ord. No. 11703, Feb. 7, 1973, 38 F.R.
3579; Proc. No. 4202, Mar. 23, 1973, 38 F.R. 7977; Proc. No. 4210,
Apr. 18, 1973, 38 F.R. 9645; Proc. No. 4227, June 19, 1973, 38 F.R.
16195; Ex. Ord. No. 11743, Oct. 23, 1973, 38 F.R. 29459; Ex. Ord. No.
11775, Mar. 26, 1974, 39 F.R. 11415; Ex. Ord. No. 11790, June 25,
1974, 39 F.R. 23185; Proc. No. 4317, Sept. 27, 1974, 39 F.R. 35103;
Proc. No. 4341, Jan. 23, 1975, 40 F.R. 3965; Proc. No. 4355, Mar. 4,
1975, 40 F.R. 10437; Proc. No. 4370, Apr. 30, 1975, 40 F.R. 19421;
Proc. No. 4377, May 27, 1975, 40 F.R. 23429; Proc. No. 4412, Jan. 3,
1976, 41 F.R. 1037; Proc. No. 4543, Dec. 27, 1977, 42 F.R. 64849; Ex.
Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4947; Proc. No. 4629, Dec. 8,
1978, 43 F.R. 58077; Proc. No. 4655, Apr. 6, 1979, 44 F.R. 21243;
Proc. No. 4702, Nov. 12, 1979, 44 F.R. 65581; Proc. No. 4744, Apr. 2,
1980, 45 F.R. 22864; Proc. No. 4766, June 19, 1980, 45 F.R. 41899;
Proc. No. 4907, Mar. 10, 1982, 47 F.R. 10507, which set forth
regulations governing the licensing of imports of petroleum and
petroleum products, was revoked by Proc. No. 5141, Dec. 22, 1983, 48
F.R. 56929, set out below.
Proc. No. 4744, Apr. 2, 1980, 45 F.R. 22864, as amended by Proc.
No. 4748, Apr. 11, 1980, 45 F.R. 25371; Proc. No. 4751, Apr. 23,
1980, 45 F.R. 27905, which related to the petroleum import adjustment
program, was rescinded by Proc. No. 4766, June 19, 1980, 45 F.R.
41899, effective Mar. 15, 1980.
Proc. No. 4762, June 6, 1980, 45 F.R. 39237, relating to petroleum
import licensing requirements, was revoked by Proc. No. 4766, June 19,
1980, 45 F.R. 41899.
Proc. No. 5141, Dec. 22, 1983, 48 F.R. 56929, provided:
The Secretary of Energy has advised me that no purpose is currently
served by the existing system of licensing of imports of petroleum and
petroleum products. The Secretary of Energy also recommends that I
retain the current prohibition on imports of Libyan crude oil into the
United States, its territories and possessions, which was adopted in
Proclamation No. 4907 (amending Proc. No. 3279, formerly set out
above), on the ground that such imports would be inimical to the United
States national security. The Secretary further recommends that he
continue to monitor imports of petroleum and petroleum products in order
to be able to advise me as to the need for further action, as
appropriate, under Section 232 of the Trade Expansion Act of 1962, as
amended (this section).
I agree with the recommendations of the Secretary of Energy.
NOW, THEREFORE, I, RONALD REAGAN, President of the United States of
America, by the authority vested in me by the Constitution and laws of
the United States, including Section 232 of the Trade Expansion Act of
1962, as amended (19 U.S.C. 1862), do hereby proclaim that:
Section 1. Proclamation No. 3279, as amended, is revoked.
Sec. 2. The Secretary of Energy shall continue to monitor imports of
petroleum and petroleum products and shall, from time to time, in
consultation with the Secretary of State, the Secretary of Commerce, and
such other federal agencies as he deems appropriate, review the status
of such imports with respect to the national security. The Secretary
shall inform the President of any circumstances which in his opinion
might indicate the need for further action by the President under
Section 232 of the Trade Expansion Act (this section).
Sec. 3. (a) No crude oil produced in Libya may be imported into the
United States, its territories or possessions.
(b) The Secretary of the Treasury may issue such regulations and
interpretations as he deems necessary to implement this section.
Sec. 4. The Secretary of Energy may continue to consider requests for
refund of fees paid under Proclamation No. 3279, as amended, if such
requests were filed with the Secretary prior to the effective date of
this Proclamation (Dec. 22, 1983). Any such requests shall be
considered in accordance with the previously applicable provisions of
Proclamation No. 3279, as amended, and implementing regulations
thereunder.
Sec. 5. The revocation of Proclamation No. 3279, as amended, shall
not affect the authority of any federal department or agency to
institute and conduct any administrative, civil or criminal audit,
investigation or proceeding based on any act committed or liability
incurred while that Proclamation was in effect.
Sec. 6. The revocation of Proclamation No. 3279, as amended, shall
not affect the presently applicable tariff rates for imports of
petroleum and petroleum products, as reflected in the Tariff Schedules
of the United States, Schedule 4, part 10.
Sec. 7. This Proclamation shall be effective immediately.
IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of
December, in the year of our Lord nineteen hundred and eighty-three, and
of the Independence of the United States of America the two hundred and
eighth.
Ronald Reagan.
Ex. Ord. No. 11703, Feb. 7, 1973, 38 F.R. 3579, as amended by Ex.
Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States, including section 301 of title 3 of the
United States Code, and as President of the United States, it is hereby
ordered as follows:
Section 1. The Oil Policy Committee, as reconstituted by this order,
is hereby continued.
Sec. 2. The Chairman of the Oil Policy Committee shall provide policy
direction, coordination, and surveillance of the oil import control
program established by Proclamation No. 3279 of March 10, 1959, as
amended (set out below), including approval of regulations hereafter
issued pursuant to such proclamation. He shall perform those functions
after receiving the advice of the Oil Policy Committee and in accordance
with guidance from the Assistant to the President with responsibility in
the area of economic affairs.
Sec. 3. The Oil Policy Committee shall henceforth consist of the
United States Trade Representative, chair, and the Secretaries of State,
Treasury, Defense, the Interior, Commerce and Energy, the Attorney
General, and the Chairman of the Council of Economic Advisers, as
members. The President may, from time to time, designate other
officials to serve as members of the Committee. The Chairman may create
subcommittees of the Committee to study and report to the Committee
concerning specified subject matters.
Sec. 4. The Oil Policy Committee shall consult with and advise the
Chairman on oil import policy, including the operation of the control
program under Proclamation No. 3279, as amended, and on recommendations
for changes in the program by the issuance of new proclamations with
respect to it, or otherwise.
Sec. 5. Section 6 of Proclamation No. 3279 of March 10, 1959, as
amended, is amended to read as follows:
''Sec. 6. The Chairman of the Oil Policy Committee shall maintain a
constant surveillance of imports of petroleum and its primary
derivatives in respect to the national security and, after consultation
with the Oil Policy Committee, he shall inform the President of any
circumstances which, in the Chairman's opinion might indicate the need
for further Presidential action under section 232 of the Trade Expansion
Act of 1962 (19 U.S.C. 1862), as amended. In the event prices of crude
oil or its products or derivatives should be increased after the
effective date of this proclamation, such surveillance shall include a
determination as to whether such increase or increases are necessary to
accomplish the national security objectives of section 232 of the Trade
Expansion Act of 1962, as amended, and of this proclamation.''
Sec. 6. So much of the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the
functions transferred by sections 2 and 5 of this order from the
Director of the Office of Emergency Preparedness to the Deputy Secretary
of the Treasury, as Chairman of the Oil Policy Committee, as the
Director of the Office of Management and Budget shall determine, in
conformity with section 202(b) of the Budget and Accounting Act of 1950
(31 U.S.C. 581c(b)), shall be transferred at such time or times as he
shall direct for use in connection with the functions transferred.
Ex. Ord. No. 11743, Oct. 23, 1973, 38 F.R. 29459, formerly set out
as a note under this section, which related to the continuation of the
Oil Policy Committee, was superseded by Ex. Ord. No. 11775, Mar. 26,
1974, 39 F.R. 11415.
Ex. Ord. No. 12538, Nov. 15, 1985, 50 F.R. 47527, provided:
By the authority vested in me as President by the Constitution and
laws of the United States, including Section 504 of the International
Security and Development Cooperation Act of 1985 (Public Law 99-83) (22
U.S.C. 2349aa-8), and considering that the Libyan government actively
pursues terrorism as an instrument of state policy and that Libya has
developed significant capability to export petroleum products and
thereby circumvent the prohibition imposed by Proclamation No. 4907 of
March 10, 1982 (amending Proc. No. 3279 formerly set out above) and
retained in Proclamation No. 5141 of December 22, 1983 (set out above)
on the importation of Libyan crude oil it is ordered as follows:
Section 1. (a) No petroleum product refined in Libya (except
petroleum product loaded aboard maritime vessels at any time prior to
two days after the effective date of this Executive Order) may be
imported into the United States, its territories or possessions.
(b) For the purposes of this Executive Order, the prohibition on
importation of petroleum products refined in Libya shall apply to
petroleum products which are currently classifiable under Item Numbers:
475.05; 475.10; 475.15; 475.25; 475.30; 475.35; 475.45; 475.65;
475.70 of the Tariff Schedules of the United States (19 U.S.C. 1202).
Sec. 2. The Secretary of the Treasury may issue such rulings and
instructions, or, following consultation with the Secretaries of State
and Energy, such regulations as he deems necessary to implement this
Order.
Sec. 3. This Order shall be effective immediately.
Ronald Reagan.
(The Tariff Schedules of the United States were replaced by the
Harmonized Tariff Schedule of the United States which is not set out in
the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.)
/1/ So in original. There are two subsecs. designated (d). Second
subsec. (d) probably should be designated (e).
19 USC 1863. Repealed. Pub. L. 100-418, title I, 1501(b)(2), Aug.
23, 1988, 102 Stat. 1259
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 93-618, title I, 127(c), Jan. 3, 1975, 88 Stat.
1993, related to reports to Congress to be submitted annually and within
60 days after any action was taken under section 1862 of this title.
Repeal of section applicable with respect to investigations initiated
under section 1862(b) of this title on or after Aug. 23, 1988, see
section 1501(d)(1) of Pub. L. 100-418, set out as an Effective Date of
1988 Amendment note under section 1862 of this title.
19 USC 1864. Import sanctions for export violations
TITLE 19 -- CUSTOMS DUTIES
Any person who violates any national security export control imposed
under section 2404 of the Appendix to title 50 or any regulation, order,
or license issued under that section, may be subject to such controls on
the importing of goods or technology into the United States as the
President may prescribe.
(Pub. L. 87-794, title II, 233, as added Pub. L. 99-64, title I,
121, July 12, 1985, 99 Stat. 155; amended Pub. L. 100-418, title II,
2447(a), Aug. 23, 1988, 102 Stat. 1370.)
1988 -- Pub. L. 100-418 struck out designation ''(a)'' and struck
out subsec. (b) which related to prerequisites to imposition of
sanctions.
19 USC Part V -- Administrative Provisions
TITLE 19 -- CUSTOMS DUTIES
19 USC 1871. Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title II, 241, Oct. 11, 1962, 76 Stat.
878, provided for the appointment of the Special Representative for
Trade Negotiations. See section 2171 of this title.
19 USC 1872. Interagency trade organization
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment; functions; membership and composition;
participation of representatives of other agencies; meetings
(1) The President shall establish an interagency organization.
(2) The functions of the organization are --
(A) to assist, and make recommendations to, the President in carrying
out the functions vested in him by the trade laws and to advise the
United States Trade Representative (hereinafter in this section referred
to as the ''Trade Representative'') in carrying out the functions set
forth in section 2171 of this title;
(B) to assist the President, and advise the Trade Representative,
with respect to the development and implementation of the international
trade policy objectives of the United States; and
(C) to advise the President and the Trade Representative with respect
to the relationship between the international trade policy objectives of
the United States and other major policy areas which may significantly
affect the overall international trade policy and trade competitiveness
of the United States.
(3) The interagency organization shall be composed of the following:
(A) The Trade Representative, who shall be chairperson.
(B) The Secretary of Commerce.
(C) The Secretary of State.
(D) The Secretary of the Treasury.
(E) The Secretary of Agriculture.
(F) The Secretary of Labor.
The Trade Representative may invite representatives from other
agencies, as appropriate, to attend particular meetings if subject
matters of specific functional interest to such agencies are under
consideration. It shall meet at such times and with respect to such
matters as the President or the Chairman shall direct.
(b) Duties
In assisting the President, the organization shall --
(1) make recommendations to the President on basic policy issues
arising in the administration of the trade agreements program,
(2) make recommendations to the President as to what action, if any,
he should take on reports submitted to him by the United States
International Trade Commission under section 2251(d) /1/ of this title,
(3) advise the President of the results of hearings held pursuant to
section 2412(b)(2) /1/ of this title, and recommend appropriate action
with respect thereto, and
(4) perform such other functions with respect to the trade agreements
program as the President may from time to time designate.
In carrying out its functions under this subsection, the organization
shall take into account the advice of the congressional advisers and
private sector advisory committees, as well as that of any committee or
other body established to advise the department, agency, or office which
a member of the organization heads.
(c) Use of resources of agencies; procedures and committees
The organization shall, to the maximum extent practicable, draw upon
the resources of the agencies represented in the organization, as well
as such other agencies as it may determine, including the United States
International Trade Commission. In addition, the President may
establish by regulation such procedures and committees as he may
determine to be necessary to enable the organization to provide for the
conduct of hearings pursuant to section 2412(b)(2) of this title, and
for the carrying out of other functions assigned to the organization
pursuant to this section.
(Pub. L. 87-794, title II, 242, Oct. 11, 1962, 76 Stat. 878; Pub.
L. 93-618, title I, 171(b), title VI, 602(b), Jan. 3, 1975, 88 Stat.
2009, 2072; Pub. L. 96-39, title IX, 902(c), July 26, 1979, 93 Stat.
300; Pub. L. 100-418, title I, 1621(a), Aug. 23, 1988, 102 Stat.
1263.)
Section 2251 of this title, referred to in subsec. (b)(2), was
amended generally by Pub. L. 100-418, title I, 1401(a), Aug. 23,
1988, 102 Stat. 1225, and as so amended does not contain a subsec.
(d). See section 2252(f) of this title.
Section 2412 of this title, referred to in subsec. (b)(3), was
amended generally by Pub. L. 100-418, title I, 1301(a), Aug. 23,
1988, 102 Stat. 1168, and as so amended the provisions of subsec.
(b)(2) of section 2412 are contained in subsec. (a)(4).
1988 -- Subsec. (a). Pub. L. 100-418, 1621(a)(1), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ''The
President shall establish an interagency organization to assist him in
carrying out the functions vested in him by this subchapter and sections
2251, 2252, and 2253 of this title. Such organization shall, in
addition to the Special Representative for Trade Negotiations, be
composed of the heads of such departments and of such other officers as
the President shall designate. It shall meet at such times and with
respect to such matters as the President or the chairman of the
organization shall direct. The organization may invite the
participation in its activities of any agency not represented in the
organization when matters of interest to such agency are under
consideration.''
Subsec. (b). Pub. L. 100-418, 1621(a)(2), inserted at end: ''In
carrying out its functions under this subsection, the organization shall
take into account the advice of the congressional advisers and private
sector advisory committees, as well as that of any committee or other
body established to advise the department, agency, or office which a
member of the organization heads.''
1979 -- Subsecs. (b)(3), (c). Pub. L. 96-39 substituted ''section
2412(b)(2) of this title'' for ''section 2411(c) and (d) of this
title''.
1975 -- Subsec. (a). Pub. L. 93-618, 602(b)(1), substituted
reference to sections 2251, 2252, and 2253 of this title for reference
to sections 1981 and 1982 of this title.
Subsec. (b)(2). Pub. L. 93-618, 602(b)(2), (3), substituted
''reports submitted to him'' for ''reports with respect to tariff
adjustment submitted to him'' and ''section 2251(d) of this title'' for
''section 1901(e) of this title.''
Subsec. (b)(3). Pub. L. 93-618, 602(b)(4), (5), substituted
''hearings held pursuant to'' for hearings concerning foreign import
restrictions held pursuant to'' and ''section 2411(c) and (d) of this
title'' for ''section 1882(d) of this title''.
Subsec. (c). Pub. L. 93-618, 602(b)(5), substituted ''section
2411(c) and (d) of this title'' for ''section 1882(d) of this title''.
Pub. L. 93-618, 171(b), substituted ''United States International
Trade Commission'' for ''United States Tariff Commission''.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 903
of Pub. L. 96-39, set out as an Effective Date note under section 2411
of this title.
For provisions establishing an interagency group within the
interagency organization established under this section, relating to the
implementation of chapters 18 and 19 of the United States-Canada
Free-Trade Agreement, see section 405 of Pub. L. 100-449, set out in a
note under section 2112 of this title.
Section 1621(b) of Pub. L. 100-418 provided that: ''It is the sense
of Congress that the interagency organization established under
subsection (a) (amending this section) should be the principal
interagency forum within the executive branch on international trade
policy matters.''
East-West Foreign Trade Board, which was established by Pub. L.
93-618, title IV, 411, Jan. 3, 1975, 88 Stat. 2065, and classified to
section 2441 of this title, abolished by Reorg. Plan No. 3 of 1979,
6, 44 Stat. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by
section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set
out as notes under section 2171 of this title, and functions of Board
under subsecs. (a) and (b) of section 411 of Pub. L. 93-618
transferred to interagency organization established under this section
by section 5(e) of Reorg. Plan No. 3 of 1979. See section 2441 of
this title.
For provisions relating to Trade Policy Committee, see section 3 of
Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out as a note
under section 2111 of this title.
this title; title 41 section
10b-1.
/1/ See References in Text note below.
19 USC 1873. Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title II, 243, Oct. 11, 1962, 76 Stat.
878, made provision for Congressional delegates to trade negotiations.
See section 2211 of this title.
19 USC Part VI -- General Provisions
TITLE 19 -- CUSTOMS DUTIES
19 USC 1881. Most-favored-nation principle
TITLE 19 -- CUSTOMS DUTIES
Except as otherwise provided in this subchapter, in section 1351 of
this title, or in section 401(a) of the Tariff Classification Act of
1962, any duty or other import restriction or duty-free treatment
proclaimed in carrying out any trade agreement under this subchapter or
section 1351 of this title shall apply to products of all foreign
countries, whether imported directly or indirectly.
(Pub. L. 87-794, title II, 251, Oct. 11, 1962, 76 Stat. 879.)
Section 401(a) of the Tariff Classification Act of 1962, referred to
in text, is set out as a note under section 1351 of this title.
This section to have no effect with respect to Libya in view of
prohibition of import into United States of any goods or services of
Libyan origin other than publications and materials imported for news
publications or broadcast dissemination, see Ex. Ord. No. 12543, Jan.
7, 1986, 51 F.R. 875, set out under section 1701 of Title 50, War and
National Defense.
19 USC 1882 to 1884. Repealed. Pub. L. 93-618, title VI, 602(d),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1882, Pub. L. 87-794, title II, 252, Oct. 11, 1962, 76
Stat. 879, provided for Presidential action in face of foreign import
restrictions. See sections 2112 of this title.
Section 1883, Pub. L. 87-794, title II, 253, Oct. 11, 1962, 76
Stat. 880, covered area of staging requirements. See section 2119 of
this title.
Section 1884, Pub. L. 87-794, title II, 254, Oct. 11, 1962, 76
Stat. 880, provided for rounding authority. See section 2119 of this
title.
19 USC 1885. Termination of proclamations
TITLE 19 -- CUSTOMS DUTIES
(a) Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3, 1975, 88
Stat. 2072.
(b) The President may at any time terminate, in whole or in part, any
proclamation made under this subchapter.
(Pub. L. 87-794, title II, 255, Oct. 11, 1962, 76 Stat. 880; Pub.
L. 93-618, title VI, 602(d), Jan. 3, 1975, 88 Stat. 2072.)
1975 -- Subsec. (a). Pub. L. 93-618 struck out subsec. (a) which
provided for termination of or withdrawal from trade agreements. See
section 2135 of this title.
19 USC 1886. Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title II, 256, Oct. 11, 1962, 76 Stat.
881, defined terms. See section 2481 of this title.
19 USC 1887. Limitation on imports under section 624 of title 7
TITLE 19 -- CUSTOMS DUTIES
Nothing contained in this chapter shall be construed to affect in any
way the provisions of section 624 of title 7, or to apply to any import
restriction heretofore or hereafter imposed under such section.
(Pub. L. 87-794, title II, 257(h), Oct. 11, 1962, 76 Stat. 883.)
19 USC 1888. References in other laws
TITLE 19 -- CUSTOMS DUTIES
All provisions of law (other than this chapter and the Trade
Agreements Extension Act of 1951) in effect after June 30, 1962,
referring to section 350 of the Tariff Act of 1930, to that section as
amended, to the Act entitled ''An Act to amend the Tariff Act of 1930'',
approved June 12, 1934, to that Act as amended, or to agreements entered
into, or proclamations issued, under any of such provisions, shall be
construed, unless clearly precluded by the context, to refer also to
this chapter, or to agreements entered into or proclamations issued,
pursuant to this chapter.
(Pub. L. 87-794, title II, 258, Oct. 11, 1962, 76 Stat. 883.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 87-794, Oct. 11, 1962, 76 Stat. 872, as amended,
which is classified principally to this chapter. For complete
classification of Pub. L. 87-794, to the Code, see Short Title note set
out under section 1801 of this title and Tables.
The Trade Agreements Extension Act of 1951, referred to in text, is
act June 16, 1951, ch. 141, 65 Stat. 72, as amended. For complete
classification of this Act to the Code, see Short Title of 1951
Amendment note set out under section 1654 of this title and Tables.
Section 350 of the Tariff Act of 1930, referred to in text, is
classified to section 1351 of this title.
The Act entitled ''An Act to amend the Tariff Act of 1930'', approved
June 12, 1934, referred to in text, is act June 12, 1934, ch. 474, 48
Stat. 943, as amended, which is classified to sections 1351, 1352,
1353, and 1354 of this title.
19 USC SUBCHAPTER III -- TARIFF ADJUSTMENT AND OTHER ADJUSTMENT
ASSISTANCE
TITLE 19 -- CUSTOMS DUTIES
19 USC Part I -- Eligibility for Assistance
TITLE 19 -- CUSTOMS DUTIES
19 USC 1901, 1902. Repealed. Pub. L. 93-618, title VI, 602(d), (e),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1901, Pub. L. 87-794, title III, 301, Oct. 11, 1962, 76
Stat. 883, provided for Tariff Commission (now United States
International Trade Commission) investigations and reports. See section
2251 et seq. of this title.
Section 1902, Pub. L. 87-794, title III, 302, Oct. 11, 1962, 76
Stat. 885, covered Presidential action after Tariff Commission (now
United States International Trade Commission) determination. See
section 2252 et seq. of this title.
Section 602(e) of Pub. L. 93-618 provided in part that the repeals
called for in section 602(e) of Pub. L. 93-618 (repealing sections
1901(a)(2), (3), (c), (d)(2), (f)(1), (3), 1902(b)(1), (2), (c) to (e),
1911 to 1915, 1917, 1931, 1941 to 1944, 1951, 1952, 1961 to 1963, and
1971 to 1978 of this title) are effective on the 90th day following Jan.
3, 1975.
The remaining parts of section 1901 (subsecs. (a)(1), (b), (d)(1),
(e), (f)(2), and (g) of section 1901) and of section 1902 (subsec. (a)
of section 1902) are repealed by section 602(d) of Pub. L. 93-618
without an effective date of repeal other than that of Pub. L. 93-618,
which was approved on Jan. 3, 1975.
19 USC Part II -- Adjustment Assistance to Firms
TITLE 19 -- CUSTOMS DUTIES
19 USC 1911 to 1915. Repealed. Pub. L. 93-618, title VI, 602(e),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1911, Pub. L. 87-794, title III, 311, Oct. 11, 1962, 76
Stat. 886, provided for certification of proposals for adjustment
assistance to firms. See section 2341 et seq. of this title.
Section 1912, Pub. L. 87-794, title III, 312, Oct. 11, 1962, 76
Stat. 886, provided for use of existing agencies in carrying out
certified adjustment proposals. See section 2341 et seq. of this
title.
Section 1913, Pub. L. 87-794, title III, 313, Oct. 11, 1962, 76
Stat. 887, provided for giving of technical assistance to firms. See
section 2343 of this title.
Section 1914, Pub. L. 87-794, title III, 314, Oct. 11, 1962, 76
Stat. 887, provided for giving of financial assistance to firms. See
section 2344 of this title.
Section 1915, Pub. L. 87-794, title III, 315, Oct. 11, 1962, 76
Stat. 887, set out conditions for giving of financial assistance. See
section 2345 of this title.
Repeal effective on 90th day following Jan. 3, 1975, see note set
out under section 1901 of this title.
19 USC 1916. Administration of financial assistance; recording of
mortgages
TITLE 19 -- CUSTOMS DUTIES
(a) Guarantees, agreements for deferred participation, and loans
In making and administering guarantees, agreements for deferred
participation, and loans under section 1914 /1/ of this title, the
Secretary of Commerce may --
(1) require security for any such guarantee, agreement, or loan, and
enforce, waive, or subordinate such security;
(2) assign or sell at public or private sale, or otherwise dispose
of, upon such terms and conditions and for such consideration as he
shall determine to be reasonable, any evidence of debt, contract, claim,
personal property, or security assigned to or held by him in connection
with such guarantees, agreements, or loans, and collect, compromise, and
obtain deficiency judgments with respect to all obligations assigned to
or held by him in connection with such guarantees, agreements, or loans
until such time as such obligations may be referred to the Attorney
General for suit or collection;
(3) renovate, improve, modernize, complete, insure, rent, sell, or
otherwise deal with, upon such terms and conditions and for such
consideration as he shall determine to be reasonable, any real or
personal property conveyed to or otherwise acquired by him in connection
with such guarantees, agreements, or loans;
(4) acquire, hold, transfer, release, or convey any real or personal
property or any interest therein whenever deemed necessary or
appropriate, and execute all legal documents for such purposes; and
(5) exercise all such other powers and take all such other acts as
may be necessary or incidental to the carrying out of functions pursuant
to section 1914 of this title.
(b) Mortgages
Any mortgage acquired as security under subsection (a) of this
section shall be recorded under applicable State law.
(Pub. L. 87-794, title III, 316, Oct. 11, 1962, 76 Stat. 888.)
Section 1914 of this title, referred to in subsec. (a), was repealed
by Pub. L. 93-618, title VI, 602(e), Jan. 3, 1975, 88 Stat. 2072.
See section 2344 of this title.
/1/ See References in Text note below.
19 USC 1917. Repealed. Pub. L. 93-618, title VI, 602(e), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title III, 317(a), Oct. 11, 1962, 76
Stat. 889, made provision for tax assistance to firms.
Repeal effective on the 90th day following Jan. 3, 1975, see note
set out under section 1901 of this title.
19 USC 1918. Protective provisions
TITLE 19 -- CUSTOMS DUTIES
(a) Maintenance of records by recipients of assistance
Each recipient of adjustment assistance under section 1913, 1914, or
1917 /1/ of this title, shall keep records which fully disclose the
amount and disposition by such recipient of the proceeds, if any, of
such adjustment assistance, and which will facilitate an effective
audit. The recipient shall also keep such other records as the
Secretary of Commerce may prescribe.
(b) Access to books, documents, papers, and records for purpose of
audit and examination
The Secretary of Commerce and the Comptroller General of the United
States shall have access for the purpose of audit and examination to any
books, documents, papers, and records of the recipient pertaining to
adjustment assistance under sections 1913, 1914, and 1917 /1/ of this
title.
(c) Certification of names and fees of attorneys, agents, and other
persons engaged for purpose of expediting applications for assistance
No adjustment assistance shall be extended under section 1913, 1914,
or 1917 /1/ of this title to any firm unless the owners, partners, or
officers certify to the Secretary of Commerce --
(1) the names of any attorneys, agents, and other persons engaged by
or on behalf of the firm for the purpose of expediting applications for
such adjustment assistance, and
(2) the fees paid or to be paid to any such person.
(d) Agreement with respect to employment of persons who occupied a
position, or engaged in activities which the Secretary of Commerce
determines involved discretion
No financial assistance shall be provided to any firm under section
1914 /1/ of this title unless the owners, partners, or officers shall
execute an agreement binding them and the firm for a period of 2 years
after such financial assistance is provided, to refrain from employing,
tendering any office or employment to, or retaining for professional
services any person who, on the date such assistance or any part thereof
was provided, or within one year prior thereto, shall have served as an
officer, attorney, agent, or employee occupying a position or engaging
in activities which the Secretary of Commerce shall have determined
involve discretion with respect to the provision of such financial
assistance.
(Pub. L. 87-794, title III, 318, Oct. 11, 1962, 76 Stat. 891.)
Sections 1913, 1914, and 1917 of this title, referred to in text,
were repealed by Pub. L. 93-618, title VI, 602(e), Jan. 3, 1975, 88
Stat. 2072. For provisions covering sections 1913 and 1914, see
sections 2343 and 2344 of this title, respectively.
Section 1917 of this title, referred to in subsecs. (a) to (c), was
in the original ''section 317'', meaning section 317 of Pub. L.
87-794, which enacted section 1917 of this title and amended sections
172(b), 6501(h), and 6511(d)(2)(A) of Title 26, Internal Revenue Code.
/1/ See References in Text note below.
19 USC 1919. Penalties
TITLE 19 -- CUSTOMS DUTIES
Whoever makes a false statement of a material fact knowing it to be
false, or knowingly fails to disclose a material fact, or whoever
willfully overvalues any security, for the purpose of influencing in any
way the action of the Secretary of Commerce under this part, or for the
purpose of obtaining money, property, or anything of value under this
part, shall be fined not more than $5,000 or imprisoned for not more
than two years, or both.
(Pub. L. 87-794, title III, 319, Oct. 11, 1962, 76 Stat. 892.)
19 USC 1920. Suits by and against Secretary of Commerce
TITLE 19 -- CUSTOMS DUTIES
In providing technical and financial assistance under sections 1913
and 1914 /1/ of this title, the Secretary of Commerce may sue and be
sued in any court of record of a State having general jurisdiction or in
any United States district court, and jurisdiction is conferred upon
such district court to determine such controversies without regard to
the amount in controversy; but no attachment, injunction, garnishment,
or other similar process, mesne or final, shall be issued against him or
his property. Nothing in this section shall be construed to except the
activities pursuant to sections 1913 and 1914 /1/ of this title from the
application of sections 517, 519, and 2679 of title 28.
(Pub. L. 87-794, title III, 320, Oct. 11, 1962, 76 Stat. 892.)
Sections 1913 and 1914 of this title, referred to in text, were
repealed by Pub. L. 93-618, title VI, 602(e), Jan. 3, 1975, 88 Stat.
2072. See sections 2343 and 2344 of this title, respectively.
Reference to ''section 517 of title 28'' substituted in text for
reference to section 316 of title 5, and reference to ''section 519 of
title 28'' substituted for reference to section 507(b) of title 28 on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
/1/ See References in Text note below.
19 USC Part III -- Adjustment Assistance to Workers
TITLE 19 -- CUSTOMS DUTIES
19 USC 1931. Repealed. Pub. L. 93-618, title VI, 602(e), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title III, 321, Oct. 11, 1962, 76 Stat.
892, authorized giving of adjustment assistance to workers. See section
2271 et seq. of this title.
Repeal effective on 90th day following Jan. 3, 1975, see note set
out under section 1901 of this title.
19 USC subpart a -- trade readjustment allowances
TITLE 19 -- CUSTOMS DUTIES
19 USC 1941 to 1944. Repealed. Pub. L. 93-618, title VI, 602(e),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1941, Pub. L. 87-794, title III, 322, Oct. 11, 1962, 76
Stat. 892, set out qualifying requirements for trade readjustment
allowances. See section 2291 of this title.
Section 1942, Pub. L. 87-794, title III, 323, Oct. 11, 1962, 76
Stat. 893, set out provisions covering weekly amount for trade
readjustment allowances. See section 2292 of this title.
Section 1943, Pub. L. 87-794, title III, 324, Oct. 11, 1962, 76
Stat. 894, set out time limitations for trade readjustment allowances.
See section 2293 of this title.
Section 1944, Pub. L. 87-794, title III, 325, Oct. 11, 1962, 76
Stat. 894, provided for application of State laws. See section 2294 of
this title.
Repeal effective on 90th day following Jan. 3, 1975, see note set
out under section 1901 of this title.
19 USC subpart b -- training
TITLE 19 -- CUSTOMS DUTIES
19 USC 1951, 1952. Repealed. Pub. L. 93-618, title VI, 602(e), Jan.
3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1951, Pub. L. 87-794, title III, 326, Oct. 11, 1962, 76
Stat. 895, provided for training to prepare workers for full
employment. See section 2295 of this title.
Section 1952, Pub. L. 87-794, title III, 327, Oct. 11, 1962, 76
Stat. 895, provided for disqualification for refusal of training. See
section 2296 of this title.
Repeal effective on 90th day following Jan. 3, 1975, see note set
out under section 1901 of this title.
19 USC subpart c -- relocation allowances
TITLE 19 -- CUSTOMS DUTIES
19 USC 1961 to 1963. Repealed. Pub. L. 93-618, title VI, 602(e),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1961, Pub. L. 87-794, title III, 328, Oct. 11, 1962, 76
Stat. 895, provided for application for a relocation allowance. See
sections 2297 and 2298 of this title.
Section 1962, Pub. L. 87-794, title III, 329, Oct. 11, 1962, 76
Stat. 895, set out qualifying requirements for training. See sections
2297 and 2298 of this title.
Section 1963, Pub. L. 87-794, title III, 330, Oct. 11, 1962, 76
Stat. 896, defined ''relocation allowance''. See sections 2297 and
2298 of this title.
Repeal effective on 90th day following Jan. 3, 1975, see note set
out under section 1901 of this title.
19 USC subpart d -- general provisions
TITLE 19 -- CUSTOMS DUTIES
19 USC 1971 to 1978. Repealed. Pub. L. 93-618, title VI, 602(e),
Jan. 3, 1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section 1971, Pub. L. 87-794, title III, 331, Oct. 11, 1962, 76
Stat. 896, made provision for agreements with States. See section 2311
et seq. of this title.
Section 1972, Pub. L. 87-794, title III, 332, Oct. 11, 1962, 76
Stat. 896, made provision for payments to States. See section 2313 of
this title.
Section 1973, Pub. L. 87-794, title III, 333, Oct. 11, 1962, 76
Stat. 897, provided for liabilities of certifying and disbursing
officers. See section 2314 of this title.
Section 1974, Pub. L. 87-794, title III, 334, Oct. 11, 1962, 76
Stat. 897, provided for recovery of overpayments. See section 2315 of
this title.
Section 1975, Pub. L. 87-794, title III, 335, Oct. 11, 1962, 76
Stat. 897, set out penalties for making false statements or failing to
disclose material facts. See section 2316 of this title.
Section 1976, Pub. L. 87-794, title III, 336, Oct. 11, 1962, 76
Stat. 897, provided for review of determinations as to entitlement for
adjustment assistance. See section 2322 of this title.
Section 1977, Pub. L. 87-794, title III, 337, Oct. 11, 1962, 76
Stat. 897, authorized appropriations for adjustment assistance to
workers.
Section 1978, Pub. L. 87-794, title III, 338, Oct. 11, 1962, 76
Stat. 897, defined terms. See section 2319 of this title.
Repeal effective on 90th day following Jan. 3, 1975, see note set
out under section 1901 of this title.
19 USC Part IV -- Tariff Adjustment
TITLE 19 -- CUSTOMS DUTIES
19 USC 1981. General authority
TITLE 19 -- CUSTOMS DUTIES
(a) Proclamation of increase in, or imposition of, any duty or other
import restriction; report to the Congress; adoption of resolution of
approval; request for additional information
(1) After receiving an affirmative finding of the United States
International Trade Commission under section 1901(b) of this title with
respect to an industry, the President may proclaim such increase in, or
imposition of, any duty or other import restriction on the article
causing or threatening to cause serious injury to such industry as he
determines to be necessary to prevent or remedy serious injury to such
industry.
(2) If the President does not, within 60 days after the date on which
he receives such affirmative finding, proclaim the increase in, or
imposition of, any duty or other import restriction on such article
found and reported by the United States International Trade Commission
pursuant to section 1901(e) /1/ of this title --
(A) he shall immediately submit a report to the House of
Representatives and to the Senate stating why he has not proclaimed such
increase or imposition, and
(B) such increase or imposition shall take effect (as provided in
paragraph (3)) upon the adoption by both Houses of the Congress (within
the 60-day period following the date on which the report referred to in
subparagraph (A) is submitted to the House of Representatives and the
Senate), by the yeas and nays by the affirmative vote of a majority of
the authorized membership of each House, of a concurrent resolution
stating in effect that the Senate and House of Representatives approve
the increase in, or imposition of, any duty or other import restriction
on the article found and reported by the United States International
Trade Commission.
For purposes of subparagraph (B), in the computation of the 60-day
period there shall be excluded the days on which either House is not in
session because of adjournment of more than 3 days to a day certain or
an adjournment of the Congress sine die. The report referred to in
subparagraph (A) shall be delivered to both Houses of the Congress on
the same day and shall be delivered to the Clerk of the House of
Representatives if the House of Representatives is not in session and to
the Secretary of the Senate if the Senate is not in session.
(3) In any case in which the contingency set forth in paragraph
(2)(B) occurs, the President shall (within 15 days after the adoption of
such resolution) proclaim the increase in, or imposition of, any duty or
other import restriction on the article which was found and reported by
the United States International Trade Commission pursuant to section
1901(e) of this title.
(4) The President may, within 60 days after the date on which he
receives an affirmative finding of the United States International Trade
Commission under section 1901(b) /1/ of this title with respect to an
industry, request additional information from the United States
International Trade Commission. The United States International Trade
Commission shall, as soon as practicable but in no event more than 120
days after the date on which it receives the President's request,
furnish additional information with respect to such industry in a
supplemental report. For purposes of paragraph (2), the date on which
the President receives such supplemental report shall be treated as the
date on which the President received the affirmative finding of the
United States International Trade Commission with respect to such
industry.
(b) Maximum rate of increase
No proclamation pursuant to subsection (a) of this section shall be
made --
(1) increasing any rate of duty to a rate more than 50 percent above
the rate existing on July 1, 1934, or, if the article is dutiable but no
rate existed on July 1, 1934, the rate existing at the time of the
proclamation.
(2) in the case of an article not subject to duty, imposing a duty in
excess of 50 percent ad valorem.
For purposes of paragraph (1), the term ''existing on July 1, 1934''
has the meaning assigned to such term by paragraph (5) of section 1886
/1/ of this title.
(c) Reduction, termination, or extension of increase in, or
imposition of, any duty or other import restriction
(1) Any increase in, or imposition of, any duty or other import
restriction proclaimed pursuant to this section or section 7 of the
Trade Agreements Extension Act of 1951 --
(A) may be reduced or terminated by the President when he determines,
after taking into account the advice received from the United States
International Trade Commission under subsection (d)(2) of this section
and after seeking advice of the Secretary of Commerce and the Secretary
of Labor, that such reduction or termination is in the national
interest, and
(B) unless extended under section 2253 of this title, shall terminate
not later than the close of the date which is 4 years (or, in the case
of any such increase or imposition proclaimed pursuant to such section
7, 5 years) after the effective date of the initial proclamation or
October 11, 1962, whichever date is the later.
(2) Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3, 1975, 88
Stat. 2072.
(d) Review of developments with respect to industries concerned;
annual report to President; advice of probable economic effect;
considerations; investigations; hearings
(1) So long as any increase in, or imposition of, any duty or other
import restriction pursuant to this section or pursuant to section 7 of
the Trade Agreements Extension Act of 1951 remains in effect, the United
States International Trade Commission shall keep under review
developments with respect to the industry concerned, and shall make
annual reports to the President concerning such developments.
(2) Upon request of the President or upon its own motion, the United
States International Trade Commission shall advise the President of its
judgment as to the probable economic effect on the industry concerned of
the reduction or termination of the increase in, or imposition of, any
duty or other import restriction pursuant to this section or section 7
of the Trade Agreements Extension Act of 1951.
(3) Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3, 1975, 88
Stat. 2072.
(4) In advising the President under this subsection as to the
probable economic effect on the industry concerned, the United States
International Trade Commission shall take into account all economic
factors which it considers relevant, including idling of productive
facilities, inability to operate at a level of reasonable profit, and
unemployment or underemployment.
(5) Advice by the United States International Trade Commission under
this subsection shall be given on the basis of an investigation during
the course of which the United States International Trade Commission
shall hold a hearing at which interested persons shall be given a
reasonable opportunity to be present, to produce evidence, and to be
heard.
(e) Conformity of trade agreements with this section
The President, as soon as practicable, shall take such action as he
determines to be necessary to bring trade agreements entered into under
section 1351 of this title into conformity with the provisions of this
section. No trade agreement shall be entered into under section 1821(a)
of this title unless such agreement permits action in conformity with
the provisions of this section.
(Pub. L. 87-794, title III, 351, Oct. 11, 1962, 76 Stat. 899; Pub.
L. 93-618, title I, 171(b), title VI, 602(c), (d), Jan. 3, 1975, 88
Stat. 2009, 2072.)
Section 1901 of this title, referred to in subsec. (a), was repealed
by Pub. L. 93-618, title VI, 602(d), (e), Jan. 3, 1975, 88 Stat.
2072. See section 2251 et seq. of this title.
Section 1886 of this title, referred to in subsec. (b), was repealed
by Pub. L. 93-618, title VI, 602(d), Jan. 3, 1975, 88 Stat. 2072.
See section 2481 of this title.
Section 7 of the Trade Agreements Extension Act of 1951, referred to
in subsecs. (c)(1) and (d)(1), (2), was classified to section 1364 of
this title, and was repealed by section 257(e)(1) of Pub. L. 87-794.
1975 -- Pub. L. 93-618, 171(b), substituted ''United States
International Trade Commission'' for ''United States Tariff Commission''
wherever appearing.
Subsec. (c)(1)(B). Pub. L. 93-618, 602(c), substituted ''unless
extended under section 2253 of this title.'' for ''unless extended under
paragraph (2),''.
Subsec. (c)(2). Pub. L. 93-618, 602(d), struck out par. (2) which
provided for the extension of increases in, or imposition of, duties or
other import restrictions. See section 2253 of this title.
Subsec. (d)(3). Pub. L. 93-618, 602(d), struck out par. (3) which
provided for notification to the President by the Tariff Commission of
the probable impact of the termination of duties or other import
restrictions.
Section 1(d) of Pub. L. 90-638, Oct. 24, 1968, 82 Stat. 1360,
provided that: ''The rates of duty in rate column numbered 1 (of item
662.18) of the Tariff Schedules of the United States (as amended by the
subsections (a) and (c)) shall be treated as not having the status of
statutory provisions enacted by the Congress, but as having been
proclaimed by the President as being required or appropriate to carry
out foreign trade agreements to which the United States is a party. The
rate of duty in rate column numbered 1 of item 662.20 of the Tariff
Schedules of the United States (as amended by subsection (a)) shall not
supersede the staged rates of duty provided for such item in Annex III
to Proclamation 3822, dated December 16, 1967 (32 Fed. Reg., No. 244,
part II).''
Section 2(d) of Pub. L. 90-638, Oct. 24, 1968, 82 Stat. 1360,
provided that:
''(1) For purposes of applying sections 256(4) (section 1886(4) of
this title), 256(d) (section 1886(5) of this title), and 351(b) of the
Trade Expansion Act of 1962 (subsec. (b) of this section) and section
350(c)(2)(A) of the Tariff Act of 1930 (section 1351(c)(2)(A) of this
title) --
''(A) the rates of duty in rate column numbered 1 of the Tariff
Schedules of the United States (items 355.70, 356.30, and 359.30) (as
changed by subsection (b)) shall be treated as the rates of duty
existing on July 1, 1962; and
''(B) the rates of duty in rate column numbered 2 of such Schedules
(as changed by subsection (b)) shall be treated as the rates of duty
existing on July 1, 1934.
''(2) The rates of duty in rate column numbered 1 of the Tariff
Schedules of the United States (as amended by subsection (b)) shall be
treated as not having the status of statutory provisions enacted by the
Congress, but as having been proclaimed by the President as being
required or appropriate to carry out foreign trade agreements to which
the United States is a party.''
Section 2(c) of Pub. L. 90-564, Oct. 12, 1968, 82 Stat. 1001,
provided that:
''(1) The rates of duty in rate column numbered 1 of the Tariff
Schedules of the United States for item 149.48 (as added by the first
section of this Act and amended by subsection (b) of this section) shall
be treated as not having the status of statutory provisions enacted by
the Congress, but as having been proclaimed by the President as being
required or appropriate to carry out foreign trade agreements to which
the United States is a party.
''(2) For purposes of section 351(b) of the Trade Expansion Act of
1962 (subsec. (b) of this section), the rate of duty in rate column
numbered 2 of the Tariff Schedules of the United States for item 149.48
(as added by the first section of this Act) shall be treated as the rate
of duty existing on July 1, 1934.''
Section 9 of Pub. L. 89-651, Oct. 14, 1966, 80 Stat. 902, provided
that: ''Any duty-free treatment provided for in this Act (see Short
Title note set out preceding section 1202 of this title) shall, for
purposes of title III of the Trade Expansion Act of 1962 (76 Stat. 883;
19 U.S.C., secs. 1901 to 1991) (this subchapter), be treated as a
concession granted under a trade agreement: Provided, That any action
taken pursuant to section 351 of such Act (this section) as the result
of this section shall be consistent with obligations of the United
States under trade agreements.''
Section 4 of Pub. L. 89-388, Apr. 13, 1966, 80 Stat. 110, provided
that: ''For purposes of applying paragraphs (4) and (5) of section 256
(19 U.S.C. 1886) and section 351(b) (19 U.S.C. 1981(b)) of the Trade
Expansion Act of 1962 and section 350(c)(2)(A) of the Tariff Act of 1930
(19 U.S.C. 1351(c)(2)(A)) --
''(1) The rates of duty in rate column numbered 1 of the Tariff
Schedules of the United States as changed by this Act shall be treated
as the rates of duty existing on July 1, 1962.
''(2) The rates of duty in rate column numbered 2 of such Schedules
as changed by this Act shall be treated as the rates of duty existing on
July 1, 1934.''
Section 3 of Pub. L. 89-241, Oct. 7, 1965, 79 Stat. 933, provided
that:
''(a) For purposes of applying paragraphs (4) and (5) of section 256
(19 U.S.C., sec. 1886) and section 351(b) (19 U.S.C., sec. 1981(b)) of
the Trade Expansion Act of 1962 and section 350(c)(2)(A) of the Tariff
Act of 1930 (19 U.S.C., sec. 1351(c)(2)(A)) --
''(1) The rates of duty in rate column numbered 1 of the Tariff
Schedules of the United States as changed by this Act shall be treated
as the rates of duty existing on July 1, 1962.
''(2) The rates of duty in rate column numbered 2 of such Schedules
as changed by this Act shall be treated as the rates of duty existing on
July 1, 1934.
''(b) The rates of duty in rate column numbered 1 of the Tariff
Schedules of the United States as changed by this Act which are lower
than the rates of duty in rate column numbered 2 of such Schedules for
the corresponding items shall be treated --
''(1) as not having the status of statutory provisions enacted by the
Congress, but
''(2) as having been proclaimed by the President as being required or
appropriate to carry out foreign trade agreements to which the United
States is a party.
''(c) The changes in part 2 of the Appendix to the Tariff Schedules
of the United States made by section 30 of this Act (to items 923.75 and
923.77) shall be treated --
''(1) as not having the status of statutory provisions enacted by the
Congress, but
''(2) as having been proclaimed by the President pursuant to
paragraph (2) of section 102 of the Tariff Classification Act of 1962
(19 U.S.C., sec. 1202 note).
''(d) The changes in part 3 of the Appendix to the Tariff Schedules
of the United States made by section 88 of this Act (to headnote 2(b),
(c)) shall be treated --
''(1) as not having the status of statutory provisions enacted by the
Congress, but
''(2) as having been proclaimed by the President pursuant to section
22 of the Agricultural Adjustment Act, as amended (7 U.S.C., sec.
624).''
(The Tariff Schedules of the United States were replaced by the
Harmonized Tariff Schedule of the United States which is not set out in
the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.)
/1/ See References in Text note below.
19 USC 1982. Marketing agreements
TITLE 19 -- CUSTOMS DUTIES
(a) Negotiations
After receiving an affirmative finding of the United States
International Trade Commission under section 1901(b) /1/ of this title
with respect to an industry, the President may, in lieu of exercising
the authority contained in section 1981(a)(1) of this title but subject
to the provisions of sections 1981(a)(2), (3), and (4) of this title,
negotiate international agreements with foreign countries limiting the
export from such countries and the import into the United States of the
article causing or threatening to cause serious injury to such industry,
whenever he determines that such action would be more appropriate to
prevent or remedy serious injury to such industry than action under
section 1981(a)(1) of this title.
(b) Regulations governing entry or withdrawal from warehouse
In order to carry out an agreement concluded under subsection (a) of
this section, the President is authorized, to issue regulations
governing the entry or withdrawal from warehouse of the article covered
by such agreement. In addition, in order to carry out a multilateral
agreement concluded under subsection (a) of this section among countries
accounting for a significant part of world trade in the article covered
by such agreement, the President is also authorized to issue regulations
governing the entry or withdrawal from warehouse of the like article
which is the product of countries not parties to such agreement.
(Pub. L. 87-794, title III, 352, Oct. 11, 1962, 76 Stat. 901; Pub.
L. 93-618, title I, 171(b), Jan. 3, 1975, 88 Stat. 2009.)
Section 1901 of this title, referred to in subsec. (a), was repealed
by Pub. L. 93-618, title VI, 602(d), (e), Jan. 3, 1975, 88 Stat.
2072. See section 2251 et seq. of this title.
1975 -- Subsec. (a). Pub. L. 93-618 substituted ''United States
International Trade Commission'' for ''United States Tariff
Commission''.
Functions of President under subsec. (b) of this section, concerning
issuance of regulations governing entry, or withdrawal from warehouses
for consumption, of articles pursuant to any orderly marketing
agreement, delegated to Secretary of the Treasury, see section 5(b) of
Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out as a note
under section 2111 of this title.
/1/ See References in Text note below.
19 USC Part V -- Advisory Board
TITLE 19 -- CUSTOMS DUTIES
19 USC 1991. Repealed. Pub. L. 93-618, title VI, 602(d), Jan. 3,
1975, 88 Stat. 2072
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 87-794, title III, 361, Oct. 11, 1962, 76 Stat.
901, established the Adjustment Assistance Advisory Board.
19 USC CHAPTER 8 -- AUTOMOTIVE PRODUCTS
TITLE 19 -- CUSTOMS DUTIES
Sec.
2001. Congressional declaration of purposes.
2011. Implementation of the Agreement.
(a) Modification of Harmonized Tariff Schedule.
(b) Duty-free treatment of Canadian motor-vehicle equipment.
2012. Omitted.
2013. Effective date of proclamations.
(a) Retroactive effect; authority of President.
(b) Filing of request with customs officer.
2014. Termination of proclamations.
2015. Special reports to Congress.
(a) Report on required comprehensive review.
(b) Report on increase on Canadian value added.
(c) Recommendations.
2021. General authority.
2022, 2023. Omitted.
2024. Authorization of appropriations.
2031. Authorities; delegation of functions; rules and regulations.
2032. Annual report to Congress.
2033. Applicability of antidumping provisions and antitrust laws.
19 USC SUBCHAPTER I -- STATEMENT OF PURPOSES
TITLE 19 -- CUSTOMS DUTIES
19 USC 2001. Congressional declaration of purposes
TITLE 19 -- CUSTOMS DUTIES
The purposes of this chapter are --
(1) to provide for the implementation of the Agreement Concerning
Automotive Products Between the Government of the United States of
America and the Government of Canada signed on January 16, 1965
(hereinafter referred to as the ''Agreement''), in order to strengthen
the economic relations and expand trade in automotive products between
the United States and Canada; and
(2) to authorize the implementation of such other international
agreements providing for the mutual reduction or elimination of duties
applicable to automotive products as the Government of the United States
may hereafter enter into.
(Pub. L. 89-283, title I, 102, Oct. 21, 1965, 79 Stat. 1016.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-283, Oct. 21, 1965, 79 Stat. 1016, as amended.
For complete classification of this Act to the Code, see Short Title
note set out below and Tables.
Section 101 of Pub. L. 89-283 provided that: ''This Act (enacting
this chapter, amending section 1202 of this title and Schedules 2, 3, 5,
6, and 7 of the Tariff Schedules of the United States, and enacting
provisions set out as a note preceding section 1202 of this title) may
be cited as the 'Automotive Products Trade Act of 1965'.''
19 USC SUBCHAPTER II -- BASIC AUTHORITIES
TITLE 19 -- CUSTOMS DUTIES
19 USC 2011. Implementation of the Agreement
TITLE 19 -- CUSTOMS DUTIES
(a) Modification of Harmonized Tariff Schedule
The President is authorized to proclaim the modifications of the
Harmonized Tariff Schedule of the United States provided for in title IV
of this Act.
(b) Duty-free treatment of Canadian motor-vehicle equipment
At any time after the issuance of the proclamation authorized by
subsection (a) of this section, the President is authorized to proclaim
further modifications of the Harmonized Tariff Schedule of the United
States to provide for the duty-free treatment of any Canadian article
which is original motor-vehicle equipment (as defined by such Schedules
as modified pursuant to subsection (a) of this section) if he determines
that the importation of such article is actually or potentially of
commercial significance and that such duty-free treatment is required to
carry out the Agreement.
(Pub. L. 89-283, title II, 201, Oct. 21, 1965, 79 Stat. 1016; Pub.
L. 100-418, title I, 1214(i), Aug. 23, 1988, 102 Stat. 1157.)
The Harmonized Tariff Schedule of the United States, referred to in
text, is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
Title IV of this Act, referred to in subsec. (a), means title IV of
Pub. L. 89-283 which amended section 1202 of this title and Schedules
2, 3, 5, 6, and 7 of the Tariff Schedules of the United States, and
enacted provisions set out as a note preceding section 1202 of this
title.
The Agreement, referred to in subsec. (b), is the Agreement
Concerning Automotive Products, which was entered into between the
United States and Canada on January 16, 1965, see Proc. No. 3682, Oct.
21, 1965, 30 F.R. 13683 and Proc. No. 3743, Sept. 8, 1966, 31 F.R.
12003, set out as notes below.
1988 -- Subsecs. (a), (b). Pub. L. 100-418 substituted ''Harmonized
Tariff Schedule of the United States'' for ''Tariff Schedules of the
United States''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.
Proc. No. 3682, Oct. 21, 1965, 30 F.R. 13683, provided:
WHEREAS the United States and Canada on January 16, 1965, entered
into an Agreement Concerning Automotive Products, which provides that
Canada shall accord duty-free treatment to imports of certain automotive
products of the United States and that, after enactment of implementing
legislation, the United States shall accord duty-free treatment to
certain automotive products of Canada retroactively to the earliest date
administratively possible following the date on which the agreement has
been implemented by Canada (art. II, 89th Cong. 1st sess., H. Rep. 537,
38);
WHEREAS the agreement of January 16, 1965, was implemented by Canada
through the granting of the requisite duty-free treatment to United
States products on January 18, 1965;
WHEREAS title II (sections 2011 to 2015 of this title) and IV
(amending section 1202 of this title) of the Automotive Products Trade
Act of 1965 have been enacted to provide for modifications of the Tariff
Schedules of the United States (19 U.S.C. 1202) to implement the
agreement of January 16, 1965, such modifications to enter into force in
the manner proclaimed by the President (79 Stat. 1016);
WHEREAS sections 201(a) and 203 of the Automotive Products Trade Act
of 1965 (subsec. (a) of this section and section 2013 of this title)
authorize the President to proclaim the modifications of the Tariff
Schedules of the United States provided for in sections 403, 404, and
405 of that Act (amending section 1202 of this title) with retroactive
effect as of the earliest date after January 17, 1965, which he
determines to be practicable, and section 401(b) of that Act provides
that the rates of duty in column numbered 1 of the tariff schedules that
are modified pursuant to such proclamation shall be treated as having
been proclaimed by the President as being required to carry out a
foreign trade agreement to which the United States is a party (79 Stat.
1016); and
WHEREAS I determine that the earliest date, after January 17, 1965,
as of which it is practicable to give retroactive effect to this
proclamation is January 18, 1965:
NOW, THEREFORE, I, LYNDON B. JOHNSON, under the authority vested in
me by the Constitution and the statutes, particularly sections 201(a)
and 203 of the Automotive Products Trade Act of 1965 (subsec. (a) of
this section and section 2013 of this title), do proclaim (1) that the
modifications of the Tariff Schedules of the United States provided for
in sections 403 and 404 of that Act (amending section 1202 of this
title) shall enter into force on the day following the date of this
proclamation, and (2) that the modifications of the tariff schedules
provided for in section 405 of that Act (amending section 1202 of this
title) shall enter into force on December 20, 1965, effective with
respect to articles which are or have been entered for consumption, or
for warehouse, on or after January 18, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this twenty-first day of October in
the year of our Lord nineteen hundred and sixty-five, and of the
Independence of the United States of America the one hundred and
ninetieth.
(seal)
Lyndon B. Johnson.
Proc. No. 3743, Sept. 8, 1966, 31 F.R. 12003, provided:
WHEREAS the United States and Canada on January 16, 1965, entered
into an Agreement Concerning Automotive Products, which provides that
Canada shall accord duty-free treatment to imports of certain automotive
products of the United States and that, after enactment of implementing
legislation, the United States shall accord duty-free treatment to
certain automotive products of Canada retroactively to the earliest date
administratively possible following the date on which the agreement has
been implemented by Canada (art. II, 89th Cong. 1st sess., H. Rep. 537,
38);
WHEREAS, the agreement of January 16, 1965, was implemented by Canada
through the granting of the requisite duty-free treatment to United
States products on January 18, 1965;
WHEREAS titles II (sections 2011 to 2015 of this title) and IV of the
Automotive Products Trade Act of 1965 (amending section 1202 of this
title) have been enacted to provide for modifications of the Tariff
Schedules of the United States (19 U.S.C. 1202) to implement the
agreement of January 16, 1965, such modifications to enter into force in
the manner proclaimed by the President (79 Stat. 1016);
WHEREAS sections 201 and 203 of the Automotive Products Trade Act of
1965 (sections 2011 and 2013 of this title) authorize the President to
proclaim such modifications of the Tariff Schedules of the United States
as will provide for the duty-free treatment of Canadian articles which
are original motor-vehicle equipment either if the modifications of such
articles are set forth in title IV of that Act (amending section 1202 of
this title) or if the President subsequently determines that the
importation of the articles is actually or potentially of commercial
significance and that such duty-free treatment is required by the
agreement, such proclamation to provide for retroactive effect for such
duty-free treatment as of the earliest date after January 17, 1965,
which the President determines to be practicable;
WHEREAS, by Proclamation No. 3682 of October 21, 1965 (30 F.R.
13683), the President pursuant to sections 201 and 203 (sections 2011
and 2013 of this title) proclaimed the modifications of the Tariff
Schedules of the United States provided for in title IV of the
Automotive Products Trade Act of 1965 (amending section 1202 of this
title); and
WHEREAS I determine (a) under subsection (b) of section 201
(subsection (b) of this section) that the importation of the Canadian
articles which are original motor-vehicle equipment and which are
dutiable under TSUS items 688.04, 688.06, and 688.15 is actually or
potentially of commercial significance and that duty-free treatment of
such Canadian articles is required to carry out the agreement of January
16, 1965, and (b) under section 203 (section 2013 of this title) that
the earliest date, after January 17, 1965, as of which it is practicable
to give retroactive effect to this proclamation is January 18, 1965:
NOW, THEREFORE, I, LYNDON, B. JOHNSON, under the authority vested in
me by the Constitution and the statutes, particularly sections 201(b)
and 203 of the Automotive Products Trade Act of 1965 (subsection (b) of
this section and section 2013 of this title) do proclaim that the Tariff
Schedules of the United States are modified by inserting in proper
numerical sequence new items 688.05, 688.07, and 688.16, each such item
having the article description ''If Canadian article and original
motor-vehicle equipment (see headnote 2, part 6B, schedule 6) . . .''
subordinate to the immediately preceding article description and having
''Free'' in rate of duty column numbered 1. Such modifications shall
enter into force on the day following the date of this proclamation and
shall be effective with respect to articles which are or have been
entered for consumption, or for warehouse, on or after January 18, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this eighth day of September in the
year of our Lord nineteen hundred and sixty-six, and of the Independence
of the United States of America the one hundred and ninety-first.
(seal)
Lyndon B. Johnson.
19 USC 2012. Omitted
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 89-283, title II, 202, Oct. 21, 1965, 79 Stat.
1016, which related to the modification of tariff schedules to implement
duty free motor vehicle agreements and duty reduced or duty free
automotive product agreements, the necessity for advice and public
notice prior to negotiation of such agreements, the transmission to the
Congress of copies of such agreements, and Presidential proclamations to
implement such agreements, expired by its own terms on Oct. 22, 1965.
19 USC 2013. Effective date of proclamations
TITLE 19 -- CUSTOMS DUTIES
(a) Retroactive effect; authority of President
Subject to subsection (b) of this section, the President is
authorized, notwithstanding section 1514 of this title or any other
provision of law, to give retroactive effect to any proclamation issued
pursuant to section 2011 of this title as of the earliest date after
January 17, 1965, which he determines to be practicable.
(b) Filing of request with customs officer
In the case of liquidated customs entries, the retroactive effect
pursuant to subsection (a) of this section of any proclamation shall
apply only upon request therefor filed with the customs officer
concerned on or before the 90th day after the date of such proclamation
and subject to such other conditions as the President may specify.
(Pub. L. 89-283, title II, 203, Oct. 21, 1965, 79 Stat. 1018.)
19 USC 2014. Termination of proclamations
TITLE 19 -- CUSTOMS DUTIES
The President is authorized at any time to terminate, in whole or in
part, any proclamation issued pursuant to section 2011 or 2012 of this
title.
(Pub. L. 89-283, title II, 204, Oct. 21, 1965, 79 Stat. 1018.)
19 USC 2015. Special reports to Congress
TITLE 19 -- CUSTOMS DUTIES
(a) Report on required comprehensive review
No later than August 31, 1968, the President shall submit to the
Senate and the House of Representatives a special report on the
comprehensive review called for by Article IV(c) of the Agreement. In
such report he shall advise the Congress of the progress made toward the
achievement of the objectives of Article I of the Agreement.
(b) Report on increase on Canadian value added
Whenever the President finds that any manufacturer has entered into
any undertaking, by reason of governmental action, to increase the
Canadian value added of automobiles, buses, specified commercial
vehicles, or original equipment parts produced by such manufacturer in
Canada after August 31, 1968, he shall report such finding to the Senate
and the House of Representatives. The President shall also report
whether such undertaking is additional to undertakings agreed to in
letters of undertaking submitted by such manufacturer before October 21,
1965.
(c) Recommendations
The reports provided for in subsections (a) and (b) of this section
shall include recommendations for such further steps, including
legislative action, if any, as may be necessary for the achievement of
the purposes of the Agreement and this chapter.
(Pub. L. 89-283, title II, 205, Oct. 21, 1965, 79 Stat. 1018.)
The Agreement, referred to in subsecs. (a) and (c), is the Agreement
Concerning Automotive Products, which was entered into between the
United States and Canada on January 16, 1965, see Proc. No. 3682, Oct.
21, 1965, 30 F.R. 13683 and Proc. No. 3743, Sept. 8, 1966, 31 F.R.
12003, set out as notes under section 2011 of this title.
This chapter, referred to in subsec. (c), was in the original ''this
Act'', meaning Pub. L. 89-283, Oct. 21, 1965, 79 Stat. 1016, as
amended. For complete classification of this Act to the Code, see Short
Title note set out under section 2001 of this title and Tables.
19 USC SUBCHAPTER III -- TARIFF ADJUSTMENT AND OTHER ADJUSTMENT
ASSISTANCE
TITLE 19 -- CUSTOMS DUTIES
19 USC 2021. General authority
TITLE 19 -- CUSTOMS DUTIES
A petition may be filed for tariff adjustment or for a determination
of eligibility to apply for adjustment assistance under title III of the
Trade Expansion Act of 1962 (19 U.S.C. 1901 et seq.) as though the
reduction or elimination of a duty proclaimed by the President pursuant
to section 2011 or 2012 of this title were a concession granted under a
trade agreement referred to in section 301 of the Trade Expansion Act of
1962 (19 U.S.C. 1901).
(Pub. L. 89-283, title III, 301, Oct. 21, 1965, 79 Stat. 1018.)
The Trade Expansion Act of 1962, referred to in text, is Pub. L.
87-794, Oct. 11, 1962, 76 Stat. 872, as amended. Title III of the
Trade Expansion Act of 1962 is classified generally to subchapter III (
1901 et seq.) of chapter 7 of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 1801
of this title and Tables.
Section 301 of the Trade Expansion Act of 1962, referred to in text,
was classified to section 1901 of this title and was repealed by Pub.
L. 93-618, title VI, 602(d), (e), Jan. 3, 1975, 88 Stat. 2072. See
section 2251 et seq. of this title.
Section 2012 of this title, referred to in text, was omitted from the
Code.
The words ''subject to section 2022 of this title'' omitted in view
of the omission of section 2022 of this title, which provided special
authority after Oct. 21, 1965, and before July 1, 1968, for filing of
petitions for determination by the President of eligibility to apply for
adjustment assistance.
19 USC 2022, 2023. Omitted
TITLE 19 -- CUSTOMS DUTIES
Section 2022, Pub. L. 89-283, title III, 302, Oct. 21, 1965, 79
Stat. 1018; Pub. L. 95-598, title III, 316, Nov. 6, 1978, 92 Stat.
2678, set forth procedures for Presidential certification of petitions
filed by firms or group of workers for determination of eligibility to
apply for adjustment assistance after the 90th day after Oct. 21, 1965,
and before July 1, 1968. See section 2021 of this title for general
authority for filing of petition.
Section 2023, Pub. L. 89-283, title III, 303, Oct. 21, 1965, 79
Stat. 1021, required the President, at the time he transmits an
agreement under section 2012(d)(1) of this title, to recommend
legislation concerning adjustment assistance to firms and workers in
light of the anticipated economic impact of the reduction of duties
provided for by such agreement.
19 USC 2024. Authorization of appropriations
TITLE 19 -- CUSTOMS DUTIES
There are hereby authorized to be appropriated such sums as may be
necessary from time to time to carry out the provisions of this
subchapter, which sums are authorized to be appropriated to remain
available until expended.
(Pub. L. 89-283, title III, 304, Oct. 21, 1965, 79 Stat. 1021.)
19 USC SUBCHAPTER IV -- GENERAL PROVISIONS
TITLE 19 -- CUSTOMS DUTIES
19 USC 2031. Authorities; delegation of functions; rules and
regulations
TITLE 19 -- CUSTOMS DUTIES
The head of any agency performing functions authorized by this
chapter may --
(1) authorize the head of any other agency to perform any of such
functions; and
(2) prescribe such rules and regulations as may be necessary to
perform such functions.
(Pub. L. 89-283, title V, 501, Oct. 21, 1965, 79 Stat. 1025.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-283, Oct. 21, 1965, 79 Stat. 1016, as amended.
For complete classification of this Act to the Code, see Short Title
note set out under section 2001 of this title and Tables.
19 USC 2032. Annual report to Congress
TITLE 19 -- CUSTOMS DUTIES
The President shall submit to the Congress an annual report on the
implementation of this chapter. Such report shall include information
regarding new negotiations, reductions or eliminations of duties,
reciprocal concessions obtained, and other information relating to
activities under this chapter. Such report shall also include
information providing an evaluation of the Agreement and this chapter in
relation to the total national interest, and specifically shall include,
to the extent practicable, information with respect to --
(1) the production of motor vehicles and motor vehicle parts in the
United States and Canada.
(2) the retail prices of motor vehicles and motor vehicle parts in
the United States and Canada.
(3) employment in the motor vehicle industry and motor vehicle parts
industry in the United States and Canada, and
(4) United States and Canadian trade in motor vehicles and motor
vehicle parts, particularly trade between the United States and Canada.
(Pub. L. 89-283, title V, 502, Oct. 21, 1965, 79 Stat. 1025.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-283, Oct. 21, 1965, 79 Stat. 1016, as amended.
For complete classification of this Act to the Code, see Short Title
note set out under section 2001 of this title and Tables.
Ex. Ord. No. 12713, May 1, 1990, 55 F.R. 18719, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Automotive Products
Trade Act of 1965 (19 U.S.C. 2001 et seq.) (''Act''), and in order to
provide for the submission to the Congress of the annual report required
by section 502 of the Act (19 U.S.C. 2032), it is hereby ordered that
authority for submission of the report is delegated to the Secretary of
Commerce.
George Bush.
19 USC 2033. Applicability of antidumping provisions and antitrust
laws
TITLE 19 -- CUSTOMS DUTIES
Nothing contained in this chapter shall be construed to affect or
modify the provisions of subtitle B of title VII of the Tariff Act of
1930 (19 U.S.C. 1673 et seq.) or of any of the antitrust laws as
designated in section 12 of title 15.
(Pub. L. 89-283, title V, 503, Oct. 21, 1965, 79 Stat. 1026; Pub.
L. 96-39, title I, 106(b)(2), July 26, 1979, 93 Stat. 193.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 89-283, Oct. 21, 1965, 79 Stat. 1016, as amended.
For complete classification of this Act to the Code, see Short Title
note set out under section 2001 of this title and Tables.
The Tariff Act of 1930, as amended, referred to in text, is act June
17, 1930, ch. 497, 46 Stat. 590, as amended. Subtitle B of title VII
of the Tariff Act of 1930 is classified generally to part II of subtitle
IV ( 1673 et seq.) of chapter 4 of this title. For complete
classification of this Act to the Code, see section 1654 of this title
and Tables.
1979 -- Pub. L. 96-39 substituted ''subtitle B of title VII of the
Tariff Act of 1930'' for ''the Anti-Dumping Act, 1921,''.
Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see section 107
of Pub. L. 96-39, set out as an Effective Date note under section 1671
of this title.
19 USC CHAPTER 9 -- VISUAL AND AUDITORY MATERIALS OF EDUCATIONAL,
SCIENTIFIC, AND CULTURAL CHARACTER
TITLE 19 -- CUSTOMS DUTIES
Sec.
2051. Implementation of the Agreement; executive designation and
duty of Federal agencies.
2052. Assistance from other Federal agencies; facilities and
personnel.
19 USC 2051. Implementation of the Agreement; executive designation
and duty of Federal agencies
TITLE 19 -- CUSTOMS DUTIES
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 Success on July 15, 1949 (hereinafter in
this chapter 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. In carrying out this section,
such Federal agency or agencies may not consider visual or auditory
material to fail to qualify as being of international educational
character --
(1) because it advocates a particular position or viewpoint, whether
or not it presents or acknowledges opposing viewpoints;
(2) because it might lend itself to misinterpretation, or to
misrepresentation of the United States or other countries, or their
people or institutions;
(3) because it is not representative, authentic, or accurate or does
not represent the current state of factual knowledge of a subject or
aspect of a subject unless the material contains widespread and gross
misstatements of fact;
(4) because it does not augment international understanding and
goodwill, unless its primary purpose or effect is not to instruct or
inform through the development of a subject or an aspect of a subject
and its content is not such as to maintain, increase, or diffuse
knowledge; or
(5) because in the opinion of the agency the material is propaganda.
Such Federal agency or agencies may not label as propaganda any
material that receives a certificate of international educational
character under this section and the Agreement.
(Pub. L. 89-634, 1, Oct. 8, 1966, 80 Stat. 879; Pub. L. 102-138,
title II, 207, Oct. 28, 1991, 105 Stat. 693.)
1991 -- Pub. L. 102-138 inserted provisions at end limiting the
authority of a Federal agency or agencies to fail to qualify visual or
auditory material as being of international educational character and
providing that any material that receives a certificate of international
educational character not be labeled as propaganda.
Ex. Ord. No. 11311, Oct. 14, 1966, 31 F.R. 13413, provided:
By virtue of the authority vested in me as President of the United
States, including the provisions of the Joint Resolution of October 8,
1966, Public Law 89-634 (this chapter and amendment to section 1202 of
this title), and section 301 of Title 3 of the United States Code, I
hereby order and proclaim that --
1. Pursuant to section 3(b) of the Joint Resolution, the amendments
to the Tariff Schedules of the United States made by section 3(a) of the
Joint Resolution shall apply with respect to articles entered, or
withdrawn from warehouse, for consumption, on and after January 1, 1967.
2. Pursuant to the ''Agreement for Facilitating the International
Circulation of Visual and Auditory Materials of an Educational,
Scientific and Cultural Character'', made at Beirut in 1948, the Joint
Resolution, and headnote 1 to schedule 8, part 6 of the Tariff Schedules
of the United States, the United States Information Agency is hereby
designated as the agency to carry out the provisions of the Agreement
and related protocol, and to make any determinations and to prescribe
any regulations required by headnote 1.
Lyndon B. Johnson.
19 USC 2052. Assistance from other Federal agencies; facilities and
personnel
TITLE 19 -- CUSTOMS DUTIES
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.
(Pub. L. 89-634, 2, Oct. 8, 1966, 80 Stat. 879.)
19 USC CHAPTER 10 -- CUSTOMS SERVICE
TITLE 19 -- CUSTOMS DUTIES
Sec.
2071. Establishment of Service; Commissioner; appointment.
2072. Officers and employees.
(a) Appointment by Secretary of the Treasury.
(b) Absence or disability of Commissioner.
(c) Duties of personnel.
2073. Transfer of personnel, etc., to Service.
2074. Establishment of revolving fund.
2075. Appropriations authorization.
(a) In general.
(b) Authorization of appropriations.
(c) Mandatory 10-day deferment.
(d) Overtime pay limitations; waiver.
(e) Pay comparability authorization.
(f) Use of savings resulting from administrative consolidations.
(g) Allocation of resources; notice to Congressional committees.
2076. Advances in foreign countries.
2077. Advances for enforcement of customs provisions.
2078. Certification of reason for advance.
2079. Payments in foreign countries; claims for reimbursement.
2080. Advances from available appropriations; rules and
regulations.
2081. Undercover investigative operations of Customs Service.
(a) Certification required for exemption of undercover operations
from certain laws.
(b) Liquidation of corporations and business entities.
(c) Deposit of proceeds.
(d) Audits.
(e) Definitions.
2082. Customs Service administration.
(a) In general.
(b) Survey reports.
2083. Annual national trade and customs law violation estimates and
enforcement strategy.
(a) Violation estimates.
(b) Applicable statutory provisions.
(c) Enforcement strategy.
(d) Confidentiality.
19 USC 2071. Establishment of Service; Commissioner; appointment
TITLE 19 -- CUSTOMS DUTIES
There shall be in the Department of the Treasury a service to be
known as the United States Customs Service, and a Commissioner of
Customs. The Commissioner of Customs, who shall be appointed by the
President by and with the advice and consent of the Senate, shall --
(1) be at the head of the United States Customs Service;
(2) carry out the duties and powers prescribed by the Secretary of
the Treasury; and
(3) report to the Secretary of the Treasury through such other
officials as may be designated by the Secretary.
(Mar. 3, 1927, ch. 348, 1, 44 Stat. 1381; May 27, 1930, ch. 342,
8, 46 Stat. 430; Ex. Ord. No. 6639, 1a, Mar. 10, 1934; Dec. 7, 1989,
Pub. L. 101-207, 3(b)(1), 103 Stat. 1833.)
Provisions that fixed the compensation of the Commissioner have been
omitted as the position is under the Executive Schedule, see section
5316 of Title 5, Government Organization and Employees.
Provisions that authorized appointment of the Commissioner ''without
regard to the civil service laws'' were omitted as the appointment is
subject to the civil service laws unless specifically excepted by such
laws or by laws enacted subsequent to Executive Order No. 8743, Apr.
23, 1941, issued by the President pursuant to the act of Nov. 26, 1940,
ch. 919, title I, 1, 54 Stat. 1211, which covered most excepted
positions into the classified (competitive) civil service. The Order is
set out as a note under section 3301 of Title 5. The position is
currently excepted from the civil service rules and regulations by
Schedule C, see Part 213 of Title 5 of the Code of Federal Regulations.
Section was formerly classified to section 281 of Title 5 prior to
the general revision and codification of Title 5 by Pub. L. 89-554, 1,
Sept. 6, 1966, 80 Stat. 378.
References to the Bureau of Prohibition and to the Commissioner of
Prohibition were omitted in view of the change of name of the Bureau of
Prohibition to the Bureau of Industrial Alcohol by act May 27, 1930, and
the abolition of the Bureau of Industrial Alcohol by Ex. Ord. No. 6639.
1989 -- Pub. L. 101-207 amended second sentence generally. Prior to
amendment, second sentence read as follows: ''The Commissioner of
Customs shall be at the head of the United States Customs Service, and
the Commissioner of Customs shall be appointed by the Secretary of the
Treasury.''
''United States Customs Service'' substituted in text for ''Bureau of
Customs'' pursuant to Treasury Department Order 165-23, Apr. 4, 1973,
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31,
Money and Finance.
Section 7 of act Mar. 3, 1927, provided that: ''This Act shall take
effect April 1, 1927.''
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees.
Functions vested by law in Attorney General, Department of Justice,
or any other officer or any agency of that Department, with respect to
the inspection at regular inspection locations at ports of entry of
persons, and documents of persons, entering or leaving the United
States, were to have been transferred to Secretary of the Treasury by
1973 Reorg. Plan No. 2, 2, eff. July 1, 1973, 38 F.R. 15932, 87
Stat. 1091, set out in the Appendix to Title 5. The transfer was
negated by section 1(a)(1), (b) of Pub. L. 93-253, Mar. 16, 1974, 88
Stat. 50, which repealed section 2 of 1973 Reorg. Plan No. 2, eff.
July 1, 1973.
Pub. L. 102-393, title VI, 637, Oct. 6, 1992, 106 Stat. 1779,
provided that: ''Notwithstanding any other provision of law, the United
States Customs Service pilot pre-clearance program authorized to be
established in Aruba shall be extended through 1994.''
Pub. L. 101-382, title I, 124, Aug. 20, 1990, 104 Stat. 643,
provided that:
''(a) Customs Preclearance. -- The Secretary of the Treasury, in
consultation with the Secretary of State, shall assess the advisability
of expanding the use of preclearance operations by the United States
Customs Service at foreign airports. The Secretary of the Treasury
shall submit a report on the assessment to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate (hereafter in this section referred to as the 'Committees')
no later than February 1, 1991.
''(b) Recovery for Customs Damage. --
''(1) The Secretary of the Treasury, in consultation with the
Attorney General, shall determine and evaluate various means by which
persons whose merchandise is damaged during customs examinations may
seek compensation from, or take other recourse against, the United
States Customs Service regarding the damage.
''(2) No later than February 1, 1991, the Secretary of the Treasury
shall submit to the Committees a report on the evaluation required under
paragraph (1), together with any legislative recommendation that the
Secretary considers appropriate.
''(c) Merchandise Damage Statistics. -- The Commissioner of Customs
shall keep accurate statistics on the incidence, nature, and extent of
damage to merchandise resulting from customs examinations and shall
provide an annual summary of these statistics to the Committees.''
Pub. L. 101-382, title II, 233, Aug. 20, 1990, 104 Stat. 663,
provided that:
''(a) Establishment of Program. -- Subject to subsection (b), the
Commissioner of Customs shall carry out, during fiscal years 1991 and
1992, preclearance operations at a facility of the United States Customs
Service in a country within the Caribbean Basin which the Commissioner
of Customs considers appropriate for testing the extent to which the
availability of preclearance operations can assist in the development of
tourism.
''(b) Restrictions Regarding Program. --
''(1) The Commissioner of Customs may not consider a country within
the Caribbean Basin to be appropriate for the testing referred to in
subsection (a) if preclearance operations are currently carried out by
the United States Customs Service in that country.
''(2) Preclearance operations may not be commenced in the country
selected for testing under subsection (a) unless the Commissioner of
Customs and the Commissioner of Immigration and Naturalization jointly
certify that --
''(A) there exists a bilateral agreement between the United States
Government and the government of such country which protects the
interests of the United States and affords diplomatic protection to
United States employees working at the preclearance location;
''(B) the facilities at the preclearance location conform to Federal
Inspection Services standards and are suitable for the duties to be
performed therein;
''(C) there is adequate security around the structure used for the
reception of international arrivals;
''(D) the government of such country grants the United States Customs
Service and the United States Immigration and Naturalization Service
appropriate search, seizure, and arrest authority; and
''(E) United States employees and their families will not be subject
to fear of reprisal, acts of terrorism, and threats of intimidation.
''(3) In determining the country in which to establish the operation
described in paragraph (1), the Commissioner of Customs and the
Commissioner of Immigration and Naturalization shall first determine the
viability of establishing such operations in either Aruba or Jamaica.
If the Commissioners determine, after full consultation with the
governments of such countries, that it is not viable to establish
pre-clearance operations in either Aruba or Jamaica, they shall so
report to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives, including an explanation
of how this determination was reached. Such report shall be submitted
to those Committees within six months after the date of the enactment of
this Act (Aug. 20, 1990). Following the submission of such a report,
the Commissioners shall take all necessary steps, consistent with the
requirements of this section, to establish such operations in another
country.
''(c) Report. -- As soon as practicable after September 30, 1992, the
Commissioner of Customs shall submit to the Congress a report regarding
the preclearance operations program carried out under subsection (a).
The report shall include --
''(1) a summary of the preclearance operations, including the number
of individuals processed, any administrative problems encountered, and
cost of the operations;
''(2) an evaluation of the extent to which the preclearance
operations contributed to --
''(A) the stimulation of the tourism industry of the country
concerned, and
''(B) expedited customs processing at United States ports of entry;
''(3) the opinion of the Commissioner of Customs regarding the
efficacy of extending preclearance operations to other countries within
the Caribbean Basin that are developing tourism industries, and if the
opinion is affirmative, the identity of those countries to which such
operations should be extended and the estimated costs and results of
such extensions; and
''(4) such other matters that the Commissioner of Customs considers
relevant.''
Section 3(b)(2) of Pub. L. 101-207 provided that: ''The individual
who is serving as the Commissioner of Customs on the day before the date
of the enactment of this Act (Dec. 7, 1989) may continue to serve in
such capacity until a Commissioner of Customs, appointed as provided in
the amendment made by paragraph (1) (amending this section), takes
office.''
Pub. L. 100-203, title IX, 9503(c), Dec. 22, 1987, 101 Stat.
1330-381, provided that:
''(1) The Secretary of the Treasury shall establish an advisory
committee which shall be known as the 'Advisory Committee on Commercial
Operations of the United States Customs Service' (hereafter in this
subsection referred to as the 'Advisory Committee').
''(2)(A) The Advisory Committee shall consist of 20 members appointed
by the Secretary of the Treasury.
''(B) In making appointments under subparagraph (A), the Secretary of
the Treasury shall ensure that --
''(i) the membership of the Advisory Committee is representative of
the individuals and firms affected by the commercial operations of the
United States Customs Service; and
''(ii) a majority of the members of the Advisory Committee do not
belong to the same political party.
''(3) The Advisory Committee shall --
''(A) provide advice to the Secretary of the Treasury on all matters
involving the commercial operations of the United States Customs
Service; and
''(B) submit an annual report to the Committee on Finance of the
Senate and the Committee on Ways and Means of the House of
Representatives that shall --
''(i) describe the operations of the Advisory Committee during the
preceding year, and
''(ii) set forth any recommendations of the Advisory Committee
regarding the commercial operations of the United States Customs
Service.
''(4) The Assistant Secretary of the Treasury for Enforcement shall
preside over meetings of the Advisory Committee.''
Pub. L. 99-272, title XIII, 13033, Apr. 7, 1986, 100 Stat. 311,
which provided for the establishment of an advisory committee, whose
members were to consist of representatives from the airline, shipping,
and other transportation industries, the general public, and others, to
advise the Secretary of the Treasury on issues related to the
performance of the customs services, was repealed by Pub. L. 100-203,
title IX, 9503(d), Dec. 22, 1987, 101 Stat. 1330-382.
19 USC 2072. Officers and employees
TITLE 19 -- CUSTOMS DUTIES
(a) Appointment by Secretary of the Treasury
The Secretary of the Treasury is authorized to appoint, in the
service established by section 2071 of this title, one assistant
commissioner, three deputy commissioners, one chief clerk, and such
attorneys and other officers and employees as he may deem necessary.
One of the deputy commissioners of the United States Customs Service
shall have charge of investigations. Appointments under this subsection
shall be subject to the provisions of the civil service laws, and the
salaries shall be fixed in accordance with chapter 51 and subchapter III
of chapter 53 of title 5.
(b) Absence or disability of Commissioner
The Secretary of the Treasury is authorized to designate an officer
of the United States Customs Service to act as Commissioner of Customs,
during the absence or disability of the Commissioner of Customs, or in
the event that there is no Commissioner of Customs.
(c) Duties of personnel
The personnel of the United States Customs Service shall perform such
duties as the Secretary of the Treasury may prescribe.
(Mar. 3, 1927, ch. 348, 2, 44 Stat. 1381; May 27, 1930, ch. 342,
8, 46 Stat. 430; June 17, 1930, ch. 497, title IV, 650, 46 Stat. 762;
Ex. Ord. No. 6639, 1a, Mar. 10, 1934; Oct. 28, 1949, ch. 782, title
XI, 1106(a), 63 Stat. 972; Sept. 3, 1954, ch. 1263, 9, 68 Stat.
1228.)
The civil service laws, referred to in subsec. (a), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
Section was formerly classified to section 281a of Title 5 prior to
the general revision and enactment of Title 5 by Pub. L. 89-554, 1,
Sept. 6, 1966, 80 Stat. 378.
''Chapter 51 and subchapter III of chapter 53 of title 5'' were
substituted for ''the Classification Act of 1949, as amended'' on
authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631, the
first section of which enacted Title 5, Government Organization and
Employees.
1954 -- Subsec. (c). Act Sept. 3, 1954, struck out references to
the National Prohibition Act.
1949 -- Subsec. (a). Act Oct. 28, 1949, substituted
''Classification Act of 1949'' for ''Classification Act of 1923''.
Bureau of Prohibition and Commissioner of Prohibition redesignated
Bureau of Industrial Alcohol and Commissioner of Industrial Alcohol,
respectively, by act May 27, 1930.
''United States Customs Service'' substituted for ''Bureau of
Customs'' pursuant to Treasury Department Order 165-23, Apr. 4, 1973,
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31,
Money and Finance.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, set out in the Appendix to Title 5, Government Organization
and Employees.
Bureau of Industrial Alcohol and office of Commissioner of Industrial
Alcohol abolished and Commissioner's functions transferred to
Commissioner of Internal Revenue by Ex. Ord. No. 6639.
Act June 17, 1930, authorized the appointment of an additional deputy
commissioner in the Bureau of Customs (now the United States Customs
Service) in addition to the two deputy commissioners then authorized by
law.
19 USC 2073. Transfer of personnel, etc., to Service
TITLE 19 -- CUSTOMS DUTIES
(a) Repealed. Sept. 3, 1954, ch. 1263, 10, 68 Stat. 1229.
(b) The records, property (including office equipment), and personnel
of the Division of Customs are transferred to the United States Customs
Service.
(Mar. 3, 1927, ch. 348, 3, 44 Stat. 1382; Sept. 3, 1954, ch. 1263,
10, 68 Stat. 1229.)
Section was formerly classified to section 281b of Title 5 prior to
the general revision and enactment of Title 5 by Pub. L. 89-554, 1,
Sept. 6, 1966, 80 Stat. 378.
Subsection (c) of section 3 of act March 3, 1927, abolished the
Division of Customs and offices of directors and assistant directors of
customs and Special Agency Service of the Customs.
1954 -- Subsec. (a). Act Sept. 3, 1954, repealed subsec. (a) which
related to the delegation of duty to Commissioner of Customs by
Secretary of the Treasury.
''United States Customs Service'' substituted in text for ''Bureau of
Customs'' pursuant to Treasury Department Order 165-23, Apr. 4, 1973,
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31,
Money and Finance.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees.
19 USC 2074. Establishment of revolving fund
TITLE 19 -- CUSTOMS DUTIES
There is established a revolving fund of $300,000 which shall be
available, without fiscal year limitation exclusively for transfer to
the appropriation for collecting the revenue from customs to cover
obligations of the United States Customs Service arising from authorized
reimbursable services, pending reimbursement from parties in interest:
Provided, That amounts so transferred shall be returned to the revolving
fund not later than six months after the close of the fiscal year in
which transferred.
(June 30, 1949, ch. 286, title I, 63 Stat. 360.)
Section was formerly classified to section 281g of Title 5 prior to
the general revision and enactment of Title 5 by Pub. L. 89-554, Sept.
6, 1966, 1, 80 Stat. 378.
''United States Customs Service'' substituted in text for ''Bureau of
Customs'' pursuant to Treasury Department Order 165-23, Apr. 4, 1973,
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31,
Money and Finance.
Functions of all officers of Department of the Treasury and functions
of all agencies and employees of such Department transferred, with
certain exceptions, to Secretary of the Treasury, with power vested in
him to authorize their performance or performance of any of his
functions by any of such officers, agencies, and employees, by Reorg.
Plan No. 26 of 1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64
Stat. 1280, 1281, set out in the Appendix to Title 5, Government
Organization and Employees.
19 USC 2075. Appropriations authorization
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) For the fiscal year beginning October 1, 1979, and each fiscal
year thereafter, there are authorized to be appropriated to the
Department of the Treasury for the United States Customs Service only
such sums as may hereafter be authorized by law.
(2) The authorization of the appropriations for the United States
Customs Service for each fiscal year after fiscal year 1987 shall
specify --
(A) the amount authorized for the fiscal year for the salaries and
expenses of the Service in conducting commercial operations; and
(B) the amount authorized for the fiscal year for the salaries and
expenses of the Service for other than commercial operations.
(b) Authorization of appropriations
(1) For noncommercial operations
There are authorized to be appropriated for the salaries and expenses
of the Customs Service that are incurred in noncommercial operations not
to exceed the following:
(A) $516,217,000 for fiscal year 1991.
(B) $542,091,000 for fiscal year 1992.
(2) For commercial operations
(A) There are authorized to be appropriated for the salaries and
expenses of the Customs Service that are incurred in commercial
operations not less than the following:
(i) $672,021,000 for fiscal year 1991.
(ii) $705,793,000 for fiscal year 1992.
(B) The monies authorized to be appropriated under subparagraph (A)
for any fiscal year, except for such sums as may be necessary for the
salaries and expenses of the Customs Service that are incurred in
connection with the processing of merchandise that is exempt from the
fees imposed under section 58c(a)(9) and (10) of this title, shall be
appropriated from the Customs User Fee Account.
(3) For air interdiction
There are authorized to be appropriated for the operation (including
salaries and expenses) and maintenance of the air interdiction program
of the Customs Service not to exceed the following:
(A) $143,047,000 for fiscal year 1991.
(B) $150,199,000 for fiscal year 1992.
(c) Mandatory 10-day deferment
No part of any sum that is appropriated under the authority of
subsection (b) of this section may be used to implement any procedure
relating to the time of collection of estimated duties that shortens the
maximum 10-day deferment procedure in effect on January 1, 1981.
(d) Overtime pay limitations; waiver
No part of any sum that is appropriated under subsection (b) of this
section for fiscal years after September 30, 1984, may be used for
administrative expenses to pay any employee of the United States Customs
Service overtime pay in an amount exceeding $25,000; except that the
Commissioner of Customs or his designee may waive this limitation in
individual cases in order to prevent excessive costs or to meet
emergency requirements of the Service.
(e) Pay comparability authorization
For the fiscal year beginning October 1, 1982, and for each fiscal
year thereafter, there are authorized to be appropriated to the
Department of the Treasury for salaries of the United States Customs
Service such additional sums as may be provided by law to reflect pay
rate changes made in accordance with the Federal Pay Comparability Act
of 1970.
(f) Use of savings resulting from administrative consolidations
If savings in salaries and expenses result from the consolidation of
administrative functions within the Customs Service, the Commissioner of
Customs shall apply those savings, to the extent they are not needed to
meet emergency requirements of the Service, to strengthening the
commercial operations of the Service by increasing the number of
inspector, import specialist, patrol officer, and other line operational
positions.
(g) Allocation of resources; notice to Congressional committees
(1) The Commissioner of Customs shall ensure that existing levels of
commercial services, including inspection and control, classification,
and value, shall continue to be provided by Customs personnel assigned
to the headquarters office of any Customs district designated by statute
before April 7, 1986. The number of such personnel assigned to any such
district headquarters shall not be reduced through attrition or
otherwise, and such personnel shall be afforded the opportunity to
maintain their proficiency through training and workshops to the same
extent provided to Customs personnel in any other district. Automation
and other modernization equipment shall be made available, as needed on
a timely basis, to such headquarters to the same extent as such
equipment is made available to any other district headquarters.
(2) The Commissioner of Customs shall notify the Committee on Finance
of the Senate and the Committee on Ways and Means of the House of
Representatives at least 180 days prior to taking any action which would
--
(A) result in any significant reduction in force of employees other
than by means of attrition;
(B) result in any significant reduction in hours of operation or
services rendered at any office of the United States Customs Service or
any port of entry;
(C) eliminate or relocate any office of the United States Customs
Service;
(D) eliminate any port of entry; or
(E) significantly reduce the number of employees assigned to any
office of the United States Customs Service or any port of entry.
(3) The total number of employees of the United States Customs
Service shall be equivalent to at least 17,174 full-time employees.
(Pub. L. 95-410, title III, 301, Oct. 3, 1978, 92 Stat. 905; Pub.
L. 97-456, 2, Jan. 12, 1983, 96 Stat. 2503; Pub. L. 98-573, title VII,
702, Oct. 30, 1984, 98 Stat. 3043; Pub. L. 99-272, title XIII,
13022(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 99-509, title VIII,
8102, Oct. 21, 1986, 100 Stat. 1967; Pub. L. 100-203, title IX,
9503(a), (b), Dec. 22, 1987, 101 Stat. 1330-380, 1330-381; Pub. L.
100-690, title VII, 7361(a), (b), Nov. 18, 1988, 102 Stat. 4474; Pub.
L. 101-207, 3(a), Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101-382,
title I, 102, Aug. 20, 1990, 104 Stat. 634.)
The Federal Pay Comparability Act of 1970, referred to in subsec.
(e), is Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946, as amended,
which enacted sections 5305 to 5308 and 5947 of Title 5, Government
Organization and Employees, amended sections 5108, 5301, and 5942 of
Title 5 and section 410 of Title 39, Postal Service, repealed section
5302 of Title 5, and enacted provisions set out as notes under sections
5303 and 5942 of Title 5, section 60a of Title 2, The Congress, and
section 410 of Title 39. For complete classification of the Act to the
Code see Short Title note set out under section 5301 of Title 5 and
Tables.
1990 -- Subsec. (b). Pub. L. 101-382, amended subsec. (b)
generally, in par. (1), substituting provisions authorizing
$516,217,000 and $542,091,000 for fiscal years 1991 and 1992,
respectively, for provisions authorizing $418,822,000 for fiscal year
1990, of which at least $26,240,000 was to be used to hire at least 435
additional inspectors and other drug interdiction personnel, in par.
(2), designating existing provisions as subpar. (A) and substituting
provisions authorizing $672,021,000 and $705,793,000 for fiscal years
1991 and 1992, respectively, for provisions authorizing $656,468,000 for
fiscal year 1990, striking out provisions relating to Customs User Fee
Account, and adding subpar. (B), and in par. (3), substituting
provisions authorizing $143,047,000 and $150,199,000 for fiscal years
1991 and 1992, respectively, for provisions authorizing $128,128,000 for
fiscal year 1990.
1989 -- Subsec. (b)(1). Pub. L. 101-207, 3(a)(1), (2), substituted
''1990'' for ''1989'' and ''$418,822,000'' for ''$440,504,000''.
Subsec. (b)(2). Pub. L. 101-207, 3(a)(1), (3), substituted ''1990''
for ''1989'' and ''$656,468,000'' for ''$615,247,000''.
Subsec. (b)(3). Pub. L. 101-207, 3(a)(1), (4), substituted ''1990''
for ''1989'' and ''$128,128,000'' for ''$142,262,000''.
Subsec. (b)(4). Pub. L. 101-207, 3(a)(5), struck out par. (4) which
read as follows: ''There are authorized to be appropriated to the
Secretary of the Treasury for fiscal year 1989, $1,600,000 for payment
to the Customs Cooperation Council.''
1988 -- Subsec. (b)(1). Pub. L. 100-690, 7361(a)(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ''There
are authorized to be appropriated for fiscal year 1988 not to exceed
$348,192,000 for the salaries and expenses of the United States Customs
Service that are incurred in noncommercial operations, of which
$171,857.06 shall be available only for concluding Contract TC-82-54
that was awarded for the development and testing of an automatic license
plate reader.''
Subsec. (b)(2). Pub. L. 100-690, 7361(a)(2)(A), (B), substituted
authorization of appropriation of $615,247,000 for fiscal year 1989 for
authorization of appropriation of $615,000,000 for fiscal year 1988.
Subsec. (b)(3). Pub. L. 100-690, 7361(a)(2)(A), (C), substituted
authorization of appropriation of $142,262,000 for fiscal year 1989 for
authorization of appropriation of $118,309,000 for fiscal year 1988.
Subsec. (b)(4). Pub. L. 100-690, 7361(a)(2)(D), added par. (4).
Subsec. (g)(3). Pub. L. 100-690, 7361(b), added par. (3).
1987 -- Subsec. (b). Pub. L. 100-203, 9503(a), amended subsec. (b)
generally, revising and restating as pars. (1) to (3) provisions of
former pars. (1) and (2).
Subsec. (f). Pub. L. 100-203, 9503(b)(1), struck out heading which
is now editorially supplied.
Subsec. (g). Pub. L. 100-203, 9503(b)(2), (3), struck out heading
which is now editorially supplied, designated existing provisions as
par. (1), and added par. (2).
1986 -- Subsec. (a). Pub. L. 99-509, 8102(1), designated existing
provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 99-570, title III, 3141(a), Oct. 27, 1986, 100
Stat. 3207-92, which directed an amendment to subsec. (b) of this
section did not become effective pursuant to Pub. L. 99-570, title III,
3141(b), which provided that the amendment made by section 3141(a)
would not be effective if H.R. 5300 was enacted with an identical
amendment. H.R. 5300 was enacted as Pub. L. 99-509 with an identical
amendment in section 8102(2). See below.
Pub. L. 99-509, 8102(2), amended subsec. (b) generally. Prior to
amendment, subsec. (b) read as follows:
''(1) There are authorized to be appropriated to the Department of
the Treasury not to exceed $772,141,000 for the salaries and expenses of
the United States Customs Service for fiscal year 1986; of which --
''(A) $27,900,000 is for the addition of 500 inspectors, 150 import
specialists, 100 customs patrol officers, and 50 special agents;
''(B) $53,500,000 is for the operation and maintenance of the air
interdiction program of the Service; and
''(C) not to exceed $14,000,000 is for the implementation of the
'Operation EXODUS' program and any related program designed to enforce
or monitor export controls under the Export Administration Act of 1979
(50 App. U.S.C. 2401 et seq.).
''(2) No part of any sum that is appropriated under the authority of
paragraph (1) may be used to close any port of entry at which, during
fiscal year 1985 --
''(A) not less than 2,500 merchandise entries (including informal
entries) were made; and
''(B) not less than $1,500,000 in customs revenues were assessed.
''(3)(A) No part of any sum that is appropriated under the authority
of paragraph (1) may be used for further research and development or
acquisition of F-15 avionics for the P-3 aircraft and related equipment
until 60 days after the Committee on Ways and Means and the Committee on
Finance have received from the Secretary of the Treasury a written
comparative assessment of the suitability of the P-3, E-2, or other
appropriate aircraft for use by the Customs Service in its air drug
interdiction program. Such assessment, which the Secretary may not
submit to the Committees until the General Accounting Office study
required under paragraph (7) is completed, shall include life cycle
costs.
''(B) Acquisition of additional aircraft for use by the Customs
Service for its air drug interdiction program after completion of the
assessment required under subparagraph (A) shall be subject to
competitive bidding through the use of the normal 'request for proposal'
process.
''(4) No part of any sum that is appropriated under the authority of
paragraph (1) may be used to consolidate the drawback liquidation
centers within the Customs Service to less than 4 such centers. If a
consolidation is undertaken, the Commissioner of Customs shall select
the location of the centers after taking into account the drawback
volume at, and the geographic dispersion of, the respective centers
being considered for consolidation.
''(5) In addition to any sum authorized to be appropriated under
paragraph (1), there are authorized to be appropriated to the Department
of the Treasury for fiscal year 1986 not to exceed $8,000,000 from the
Customs Forfeiture Fund for the making of payments under section 1613b
of this title, of which not to exceed $5,000,000 may be used for the
modification of aircraft (whether or not aircraft described in
subsection (a)(5) of that section) for drug interdiction.
''(6) In addition to any other amounts authorized to be appropriated
for the Customs Service for fiscal years 1987 and 1988, there are
authorized to be appropriated $27,900,000 for each of such fiscal years
to fund the additional personnel referred to in paragraph (1)(A).
''(7) As soon as possible after April 7, 1986, but not later than 12
months after April 7, 1986, the General Accounting Office shall
complete, and submit to the Committee on Ways and Means and the
Committee on Finance, a study that evaluates the air detection and
interdiction capability of the Customs Service, including assets,
geographic dispersal, costs of operation, procurement practices, and the
services and equipment provided by other Federal agencies. Within 6
months after commencing the study, the General Accounting Office shall
consult with the Committees on the progress of the study.''
Pub. L. 99-272, 13022(a)(1), amended subsec. (b) generally. Prior
to amendment, subsec. (b) read as follows: ''There are authorized to
be appropriated to the Department of the Treasury not to exceed
$686,399,000 for the salaries and expenses of the United States Customs
Service for fiscal year 1985; of which (A) $28,070,000 is for the
operation and maintenance of the air interdiction program of the
Service, and (B) not to exceed $15,000,000 is for the implementation of
the 'Operation EXODUS' program and any related program designed to
enforce or monitor export controls under the Export Administration Act
of 1979 (50 App. U.S.C. 2401 et seq.).''
Subsecs. (f), (g). Pub. L. 99-272, 13022(a)(2), added subsecs. (f)
and (g).
1984 -- Subsec. (b). Pub. L. 98-573, 702(1), amended subsec. (b)
generally, which prior to amendment read as follows: ''There are
authorized to be appropriated to the Department of the Treasury not to
exceed $564,224,000 for the salaries and expenses of the United States
Customs Service for fiscal year 1983, of which not to exceed $31,464,000
is for salary and expenses for the enforcement of the alcohol and
tobacco revenue laws.''
Subsecs. (d), (e). Pub. L. 98-573, 702(2), (3), added subsec. (d)
and redesignated former subsec. (d) as (e).
1983 -- Pub. L. 97-456 designated existing provisions as subsec.
(a) and added subsecs. (b) to (d).
19 USC 2076. Advances in foreign countries
TITLE 19 -- CUSTOMS DUTIES
Section 3324(a) and (b) of title 31 shall not apply to payments made
for the United States Customs Service in foreign countries.
(May 6, 1939, ch. 115, title I, 1, 53 Stat. 660.)
''Section 3324(a) and (b) of title 31'' substituted in text for
''Section 3648 of the Revised Statutes (31 U.S.C. 529)'' on authority of
Pub. L. 97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the first
section of which enacted Title 31, Money and Finance.
Section was formerly classified to section 529b of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
Section is from Treasury Department Appropriation Act, 1940, act May
6, 1939. Similar provisions were contained in the following prior
appropriation acts:
Mar. 28, 1938, ch. 55, 52 Stat. 126.
May 14, 1937, ch. 180, title I, 50 Stat. 142.
June 23, 1936, ch. 725, 49 Stat. 1832.
May 14, 1935, ch. 110, 49 Stat. 222.
''United States Customs Service'' substituted in text for ''Bureau of
Customs'' pursuant to Treasury Department Order 165-23, Apr. 4, 1973,
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31,
Money and Finance.
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950,
1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5, Government Organization and Employees.
19 USC 2077. Advances for enforcement of customs provisions
TITLE 19 -- CUSTOMS DUTIES
The Commissioner of Customs, with the approval of the Secretary of
the Treasury, is authorized to direct the advance of funds by the Fiscal
Service, Treasury Department, in connection with the enforcement of the
customs laws.
(Mar. 28, 1928, ch. 266, 2, as added Aug. 7, 1939, ch. 566, 1, 53
Stat. 1263; amended 1940 Reorg. Plan No. III, 1(a)(1), eff. June 30,
1940, 5 F.R. 2107, 54 Stat. 1231.)
The customs laws, referred to in text, are classified generally to
this title.
Section was formerly classified to section 529c of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950,
1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5, Government Organization and Employees.
''Fiscal Service'' substituted in text for ''Division of
Disbursement'' on authority of section 1(a)(1) of Reorg. Plan No. III
of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in
the Appendix to Title 5, Government Organization and Employees, which
consolidated such division into Fiscal Service of Department of the
Treasury. See section 306 of title 31, Money and Finance.
19 USC 2078. Certification of reason for advance
TITLE 19 -- CUSTOMS DUTIES
A certificate by the Commissioner of Customs stating the amount of an
expenditure made from funds advanced and certifying that the
confidential nature of the transaction involved renders it inadvisable
to specify the details thereof or impracticable to furnish the payee's
receipt shall be a sufficient voucher for the sum expressed to have been
expended.
(Mar. 28, 1928, ch. 266, 3, as added Aug. 7, 1939, ch. 566, 1, 53
Stat. 1263; amended Oct. 27, 1970, Pub. L. 91-513, title III,
1102(n)(2), 84 Stat. 1293.)
Section was formerly classified to section 529d of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1970 -- Pub. L. 91-513 struck out reference to Commissioner of
Narcotics.
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after the day immediately preceding the date
of enactment of Pub. L. 91-513, which was approved on Oct. 27, 1970,
see section 1105(a) of Pub. L. 91-513, set out as an Effective Date
note under section 951 of Title 21, Food and Drugs.
Prosecutions for any violation of law occurring, and civil seizures
or forfeitures and injunctive proceedings commenced, prior to the
effective date of amendment of this section by section 1102 of Pub. L.
91-513 not to be affected or abated by reason thereof, see section 1103
of Pub. L. 91-513, set out as a note under section 171 of Title 21,
Food and Drugs.
For transfer of functions of other officers, employees, and agencies
of Department of the Treasury, with certain exceptions, to Secretary of
the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950,
1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out
in the Appendix to Title 5, Government Organization and Employees.
19 USC 2079. Payments in foreign countries; claims for reimbursement
TITLE 19 -- CUSTOMS DUTIES
The provisions of this Act shall not affect payments made for the
United States Customs Service in foreign countries, nor the right of any
customs officer or employee to claim reimbursement for personal funds
expended in connection with the enforcement of the customs laws.
(Mar. 28, 1928, ch. 266, 4, as added Aug. 7, 1939, ch. 566, 1, 53
Stat. 1263; amended Oct. 27, 1970, Pub. L. 91-513, title III,
1102(n)(3), 84 Stat. 1293.)
This Act, referred to in text, is act Mar. 28, 1928, ch. 266, 45
Stat. 374, as amended, which enacted sections 2077 to 2080 of this
title and sections 529a and 529g of former Title 31, Money and Finance.
Sections 529a and 529g of former Title 31, were repealed by sections
1101(a)(3) and 1101(a)(6), respectively, of Pub. L. 91-513, title III,
Oct. 27, 1970, 84 Stat. 1291, 1292.
The customs laws, referred to in text, are classified generally to
this title.
Section was formerly classified to section 529e of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1970 -- Pub. L. 91-513 struck out references to narcotics officers
and narcotics laws.
''United States Customs Service'' substituted in text for ''Bureau of
Customs'' pursuant to Treasury Department Order 165-23, Apr. 4, 1973,
eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31,
Money and Finance.
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after the day immediately preceding the date
of enactment of Pub. L. 91-513, which was approved on Oct. 27, 1970,
see section 1105(a) of Pub. L. 91-513, set out as an Effective Date
note under section 951 of Title 21, Food and Drugs.
Prosecutions for any violation of law occurring, and civil seizures
or forfeitures and injunctive proceedings commenced, prior to the
effective date of amendment of this section by section 1102 of Pub. L.
91-513 not to be affected or abated by reason thereof, see section 1103
of Pub. L. 91-513, set out as a note under section 171 of Title 21,
Food and Drugs.
For transfer of functions of other officers, employees, and agencies
of the Department of the Treasury, with certain exceptions, to Secretary
of the Treasury, with power to delegate, see Reorg. Plan No. 26 of
1950, 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281,
set out in the Appendix to Title 5, Government Organization and
Employees.
19 USC 2080. Advances from available appropriations; rules and
regulations
TITLE 19 -- CUSTOMS DUTIES
Advances pursuant to this Act, in connection with the enforcement of
the customs laws may be made, notwithstanding the provisions of section
3324(a) and (b) of title 31, from the appropriations available for the
enforcement of such laws. The Secretary of the Treasury is authorized
to prescribe such rules and regulations concerning advances made
pursuant to this Act as are necessary or appropriate for the protection
of the interests of the United States.
(Mar. 28, 1928, ch. 266, 5, as added Aug. 7, 1939, ch. 566, 1, 53
Stat. 1263; amended Oct. 27, 1970, Pub. L. 91-513, title III,
1102(n)(4), 84 Stat. 1293.)
This Act, referred to in text, is act Mar. 28, 1928, ch. 266, 45
Stat. 374, as amended, which enacted sections 2077 to 2080 of this
title and sections 529a and 529g of former Title 31, Money and Finance.
Sections 529a and 529g of former Title 31 were repealed by sections
1101(a)(3) and 1101(a)(6), respectively, of Pub. L. 91-513, title III,
Oct. 27, 1970, 84 Stat. 1291, 1292.
The customs laws, referred to in text, are classified generally to
this title.
''Section 3324(a) and (b) of title 31'' substituted in text for
''section 3648 of the Revised Statutes of the United States (U.S.C.,
title 31, sec. 529)'' on authority of Pub. L. 97-258, 4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money
and Finance.
Section was formerly classified to section 529f of Title 31 prior to
the general revision and enactment of Title 31, Money and Finance, by
Pub. L. 97-258, 1, Sept. 13, 1982, 96 Stat. 877.
1970 -- Pub. L. 91-513 struck out reference to enforcement of
narcotics laws.
Amendment by Pub. L. 91-513 effective on first day of seventh
calendar month that begins after the day immediately preceding the date
of enactment of Pub. L. 91-513, which was approved on Oct. 27, 1970,
see section 1105(a) of Pub. L. 91-513, set out as an Effective Date
note under section 951 of Title 21, Food and Drugs.
Prosecutions for any violation of law occurring, and civil seizures
or forfeitures and injunctive proceedings commenced, prior to the
effective date of amendment of this section by section 1102 of Pub. L.
91-513 not to be affected or abated by reason thereof, see section 1103
of Pub. L. 91-513, set out as a note under section 171 of Title 21,
Food and Drugs.
19 USC 2081. Undercover investigative operations of Customs Service
TITLE 19 -- CUSTOMS DUTIES
(a) Certification required for exemption of undercover operations
from certain laws
With respect to any undercover investigative operation of the United
States Customs Service (hereinafter in this section referred to as the
''Service'') which is necessary for the detection and prosecution of
offenses against the United States which are within the jurisdiction of
the Secretary of the Treasury --
(1) sums authorized to be appropriated for the Service may be used --
(A) to purchase property, buildings, and other facilities, and to
lease space, within the United States, the District of Columbia, and the
territories and possessions of the United States without regard to --
(i) sections 1341 and 3324 of title 31,
(ii) sections 11(a) and 22 of title 41,
(iii) section 255 of title 41,
(iv) section 34 of title 40, and
(v) section 254(a) and (c) of title 41, and
(B) to establish or to acquire proprietary corporations or business
entities as part of the undercover operation, and to operate such
corporations or business entities on a commercial basis, without regard
to sections 9102 and 9103 of title 31;
(2) sums authorized to be appropriated for the Service and the
proceeds from the undercover operation, may be deposited in banks or
other financial institutions without regard to the provisions of section
648 of title 18 and section 3302 of title 31; and
(3) the proceeds from the undercover operation may be used to offset
necessary and reasonable expenses incurred in such operation without
regard to the provisions of section 3302 of title 31;
only upon the written certification of the Commissioner of Customs
(or, if designated by the Commissioner the Deputy or an Assistant
Commissioner of Customs) that any action authorized by paragraph (1),
(2), or (3) of this subsection is necessary for the conduct of such
undercover operation.
(b) Liquidation of corporations and business entities
If a corporation or business entity established or acquired as part
of an undercover operation under paragraph (1)(B) of subsection (a) of
this section with a net value over $50,000 is to be liquidated, sold, or
otherwise disposed of, the Service, as much in advance as the
Commissioner or his designee determines is practicable, shall report the
circumstances to the Secretary of the Treasury and the Comptroller
General. The proceeds of the liquidation, sale, or other disposition,
after obligations are met, shall be deposited in the Treasury of the
United States as miscellaneous receipts.
(c) Deposit of proceeds
As soon as the proceeds from an undercover investigative operation
with respect to which an action is authorized and carried out under
paragraphs (2) and (3) of subsection (a) of this section are no longer
necessary for the conduct of such operation, such proceeds or the
balance of such proceeds remaining at the time shall be deposited into
the Treasury of the United States as miscellaneous receipts.
(d) Audits
(1) The Service shall conduct a detailed financial audit of each
undercover investigative operation which is closed in each fiscal year,
and
(A) submit the results of the audit in writing to the Secretary of
the Treasury; and
(B) not later than 180 days after such undercover operation is
closed, submit a report to the Congress concerning such audit.
(2) The Service shall also submit a report annually to the Congress
specifying as to its undercover investigative operations --
(A) the number, by programs, of undercover investigative operations
pending as of the end of the 1-year period for which such report is
submitted;
(B) the number, by programs, of undercover investigative operations
commenced in the 1-year period preceding the period for which such
report is submitted; and
(C) the number, by programs, of undercover investigative operations
closed in the 1-year period preceding the period for which such report
is submitted and, with respect to each such closed undercover operation,
the results obtained and any civil claims made with respect thereto.
(e) Definitions
For purposes of subsection (d) of this section --
(1) The term ''closed'' refers to the earliest point in time at which
--
(A) all criminal proceedings (other than appeals) are concluded, or
(B) covert activities are concluded, whichever occurs later.
(2) The term ''employees'' means employees, as defined in section
2105 of title 5, of the Service.
(3) The terms ''undercover investigative operation'' and ''undercover
operation'' mean any undercover investigative operation of the Service
--
(A) in which --
(i) the gross receipts (excluding interest earned) exceed $50,000, or
(ii) expenditures (other than expenditures for salaries of employees)
exceed $150,000; and
(B) which is exempt from section 3302 or 9102 of title 31;
except that subparagraphs (A) and (B) shall not apply with respect to
the report required under paragraph (2) of subsection (d) of this
section.
(Pub. L. 99-570, title III, 3131, Oct. 27, 1986, 100 Stat.
3207-90.)
19 USC 2082. Customs Service administration
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The Commissioner of Customs shall --
(1) develop and implement accounting systems that accurately
determine and report the allocations made of Customs Service personnel
and other resources among the various operational functions of the
Service, such as passenger processing, merchandise processing and drug
enforcement; and
(2) develop and implement periodic labor distribution surveys of
major workforce activities (such as inspectors, import specialists,
fines, penalties, and forfeiture officers, special agents, data
transcribers, and Customs aides) to determine the costs of different
types of passenger and merchandise processing transactions, such as
informal and formal entries, and automated and manual entries.
(b) Survey reports
The Commissioner of Customs shall no later than January 31, 1991,
submit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report on
the results of the first survey implemented under subsection (a)(2) of
this section.
(Pub. L. 101-382, title I, 113, Aug. 20, 1990, 104 Stat. 639; Pub.
L. 101-508, title X, 10001(d), Nov. 5, 1990, 104 Stat. 1388-386.)
1990 -- Subsec. (a). Pub. L. 101-508, 10001(d)(1)-(3), inserted
''and'' after semicolon at end of par. (1), substituted a period for
semicolon at end of par. (2), and struck out pars. (3) to (5) which
read as follows:
''(3) as soon as practicable after the enactment of appropriations
for the Customs Service for each fiscal year, but not later than the
15th day after the beginning of such year, estimate, based on the
amounts appropriated, the amount of the fee that would, if imposed on
the processing of merchandise, offset the salaries and expenses subject
to reimbursement from the fee that will likely be incurred by the
Service in conducting commercial operations during that year;
''(4) develop annually a detailed derivation of the commercial
services cost base and the methodology used for computing the
merchandise processing fee under paragraph (3); and
''(5) report within 45 days of the beginning of any fiscal year to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate the results of each fee estimate made
under paragraph (3) and each cost base and user fee methodology
derivation made under paragraph (4).''
Subsec. (b). Pub. L. 101-508, 10001(d)(4), substituted ''Committee
on Ways and Means of the House of Representatives and the Committee on
Finance of the Senate'' for ''Committees referred to in subsection
(a)(5) of this section''.
Amendment by Pub. L. 101-508 effective on the date of enactment of
the Act providing full-year appropriations for the Customs Service for
fiscal year 1992, and applicable to fiscal years beginning on and after
Oct. 1, 1991, see section 10001(g)(1) of Pub. L. 101-508, set out as a
note under section 58c of this title.
Section effective Oct. 1, 1990, see section 115(a) of Pub. L.
101-382, set out as an Effective Date of 1990 Amendment note under
section 58c of this title.
19 USC 2083. Annual national trade and customs law violation estimates
and enforcement strategy
TITLE 19 -- CUSTOMS DUTIES
(a) Violation estimates
Not later than 30 days before the beginning of each fiscal year after
fiscal year 1991, the Commissioner of Customs shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate (hereafter in this section referred
to as the ''Committees'') a report that contains estimates of --
(1) the number and extent of violations of the trade, customs, and
illegal drug control laws listed under subsection (b) of this section
that will likely occur during the fiscal year; and
(2) the relative incidence of the violations estimated under
paragraph (1) among the various ports of entry and customs regions
within the customs territory.
(b) Applicable statutory provisions
The Commissioner of Customs, after consultation with the Committees
--
(1) shall, within 60 days after August 20, 1990, prepare a list of
those provisions of the trade, customs, and illegal drug control laws of
the United States for which the United States Customs Service has
enforcement responsibility and to which the reports required under
subsection (a) of this section will apply; and
(2) may from time-to-time amend the listing developed under paragraph
(1).
(c) Enforcement strategy
Within 90 days after submitting a report under subsection (a) of this
section for any fiscal year, the Commissioner of Customs shall --
(1) develop a nationally uniform enforcement strategy for dealing
during that year with the violations estimated in the report; and
(2) submit to the Committees a report setting forth the details of
the strategy.
(d) Confidentiality
The contents of any report submitted to the Committees under
subsection (a) or (c)(2) of this section are confidential and disclosure
of all or part of the contents is restricted to --
(1) officers and employees of the United States designated by the
Commissioner of Customs;
(2) the chairman of each of the Committees; and
(3) those members of each of the Committees and staff persons of each
of the Committees who are authorized by the chairman thereof to have
access to the contents.
(Pub. L. 101-382, title I, 123, Aug. 20, 1990, 104 Stat. 642.)
19 USC CHAPTER 11 -- IMPORTATION OF PRE-COLUMBIAN MONUMENTAL OR
ARCHITECTURAL SCULPTURE OR MURALS
TITLE 19 -- CUSTOMS DUTIES
Sec.
2091. List of stone carvings and wall art; promulgation and
revision; criteria for classification.
2092. Export certification requirement.
(a) Issuance by country of export.
(b) Procedure when certificate lacking.
2093. Forfeiture of unlawful imports.
(a) Seizure.
(b) Disposition of articles.
2094. Rules and regulations.
2095. Definitions.
19 USC 2091. List of stone carvings and wall art; promulgation and
revision; criteria for classification
TITLE 19 -- CUSTOMS DUTIES
The Secretary, after consultation with the Secretary of State, by
regulation shall promulgate, and thereafter when appropriate shall
revise, a list of stone carvings and wall art which are pre-Columbian
monumental or architectural sculpture or murals within the meaning of
paragraph (3) of section 2095 of this title. Such stone carvings and
wall art may be listed by type or other classification deemed
appropriate by the Secretary.
(Pub. L. 92-587, title II, 201, Oct. 27, 1972, 86 Stat. 1297.)
19 USC 2092. Export certification requirement
TITLE 19 -- CUSTOMS DUTIES
(a) Issuance by country of export
No pre-Columbian monumental or architectural sculpture or mural which
is exported (whether or not such exportation is to the United States)
from the country of origin after the effective date of the regulation
listing such sculpture or mural pursuant to section 2091 of this title
may be imported into the United States unless the government of the
country of origin of such sculpture or mural issues a certificate, in a
form acceptable to the Secretary, which certifies that such exportation
was not in violation of the laws of that country.
(b) Procedure when certificate lacking
If the consignee of any pre-Columbian monumental or architectural
sculpture or mural is unable to present to the customs officer concerned
at the time of making entry of such sculpture or mural --
(1) the certificate of the government of the country of origin
required under subsection (a) of this section;
(2) satisfactory evidence that such sculpture or mural was exported
from the country of origin on or before the effective date of the
regulation listing such sculpture or mural pursuant to section 2091 of
this title; or
(3) satisfactory evidence that such sculpture or mural is not covered
by the list promulgated under section 2091 of this title;
the customs officer concerned shall take the sculpture or mural into
customs custody and send it to a bonded warehouse or public store to be
held at the risk and expense of the consignee until such certificate or
evidence is filed with such officer. If such certificate or evidence is
not presented within the 90-day period after the date on which such
sculpture or mural is taken into customs custody, or such longer period
as may be allowed by the Secretary for good cause shown, the importation
of such sculpture or mural into the United States is in violation of
this chapter.
(Pub. L. 92-587, title II, 202, Oct. 27, 1972, 86 Stat. 1297.)
References to section 202 of Pub. L. 92-587 in the original were
translated as section 2091 of this title in the classification of Pub.
L. 92-587 as the probable intent of Congress.
19 USC 2093. Forfeiture of unlawful imports
TITLE 19 -- CUSTOMS DUTIES
(a) Seizure
Any pre-Columbian monumental or architectural sculpture or mural
imported into the United States in violation of this chapter shall be
seized and subject to forfeiture under the customs laws.
(b) Disposition of articles
Any pre-Columbian monumental or architectural sculpture or mural
which is forfeited to the United States shall --
(1) first be offered for return to the country of origin and shall be
returned if that country bears all expenses incurred incident to such
return and complies with such other requirements relating to the return
as the Secretary shall prescribe; or
(2) if not returned to the country of origin, be disposed of in the
manner prescribed by law for articles forfeited for violation of the
customs laws.
(Pub. L. 92-587, title II, 203, Oct. 27, 1972, 86 Stat. 1297.)
The customs laws, referred to in text, are classified generally to
this title.
19 USC 2094. Rules and regulations
TITLE 19 -- CUSTOMS DUTIES
The Secretary shall prescribe such rules and regulations as are
necessary and appropriate to carry out the provisions of this chapter.
(Pub. L. 92-587, title II, 204, Oct. 27, 1972, 86 Stat. 1297.)
19 USC 2095. Definitions
TITLE 19 -- CUSTOMS DUTIES
For the purposes of this chapter --
(1) The term ''Secretary'' means the Secretary of the Treasury.
(2) The term ''United States'' includes the several States, the
District of Columbia, and the Commonwealth of Puerto Rico.
(3) The term ''pre-Columbian monumental or architectural sculpture or
mural'' means --
(A) any stone carving or wall art which --
(i) is the product of a pre-Columbian Indian culture of Mexico,
Central America, South America, or the Caribbean Islands;
(ii) was an immobile monument or architectural structure or was a
part of, or affixed to, any such monument or structure; and
(iii) is subject to export control by the country of origin; or
(B) any fragment or part of any stone carving or wall art described
in subparagraph (A) of this paragraph.
(4) The term ''country of origin'', as applied to any pre-Columbian
monumental or architectural sculpture or mural, means the country where
such sculpture or mural was first discovered.
(Pub. L. 92-587, title II, 205, Oct. 27, 1972, 86 Stat. 1297.)
19 USC
TITLE 19 -- CUSTOMS DUTIES
19 USC CHAPTER 12 -- TRADE ACT OF 1974
TITLE 19 -- CUSTOMS DUTIES
Sec.
2101. Short title.
2102. Congressional statement of purpose.
2111. Basic authority for trade agreements.
(a) Presidential authority to enter into agreement; modification or
continuance of existing duties.
(b) Limitation on authority to decrease duty.
(c) Limitation on authority to increase duty.
2112. Barriers to and other distortions of trade.
(a) Congressional findings; directives; disavowal of prior approval
of legislation.
(b) Presidential determinations prerequisite to entry into trade
agreements; trade with Israel.
(c) Presidential consultation with Congress prior to entry into trade
agreements.
(d) Submission to Congress of agreements, drafts of implementing
bills, and statements of proposed administrative action.
(e) Steps prerequisite to entry into force of trade agreements.
(f) Obligations imposed upon foreign countries or instrumentalities
receiving benefits under trade agreements.
(g) Definitions.
2113. Overall negotiating objective.
2114. Sector negotiating objectives.
(a) Obtaining equivalent competitive opportunities.
(b) Conduct of negotiations on basis of appropriate product sectors
of manufacturing.
(c) Identification of appropriate product sectors of manufacturing.
(d) Presidential analysis of how negotiating objectives are achieved
in each product sector by trade agreements.
2114a. Negotiating objectives with respect to trade in services,
foreign direct investment, and high technology products.
(a) Trade in services.
(b) Foreign direct investment.
(c) High technology products.
(d) Definition of barriers and other distortions.
2114b. Provisions relating to international trade in services.
2114c. Trade in services; development, coordination, and
implementation of Federal policies; staff support and other assistance;
specific service sector authorities unaffected; executive functions.
2114d. Foreign export requirements; consultations and negotiations
for reduction and elimination; restrictions on and exclusion from entry
of products or services; savings provision; compensation authority
applicable.
2114e. Negotiation of agreements concerning high technology
industries.
2115. Bilateral trade agreements.
2116. Agreements with developing countries.
2117. International safeguard procedures.
(a) Harmonization, reduction, or elimination of barriers and
distortions affecting international trade; use of temporary measures.
(b) Permissible provisions.
2118. Access to supplies.
(a) Fair and equitable access.
(b) Continued availability; reciprocal concessions; comparable
trade obligations.
2119. Staging requirements and rounding authority.
(a) Maximum aggregate reductions in rates of duty.
(b) Simplification of computation.
(c) Ten-year period for commencement of reductions in rates of duty.
2131. Authorization of appropriation for GATT revision.
2132. Balance-of-payments authority.
(a) Presidential proclamations of temporary import surcharges and
temporary limitations on imports through quotas in situations of
fundamental international payments problems.
(b) Import restrictions not imposed when contrary to national
interest of United States.
(c) Presidential proclamations liberalizing imports.
(d) Nondiscriminatory treatment of import restricting actions.
(e) Broad and uniform application of import restricting actions.
(f) Quantitative limitations.
(g) Suspension, modification, or termination of proclamations.
(h) Termination of tariff concessions.
2133. Compensation authority.
(a) New concessions.
(b) Reductions in rates of duty.
(c) Consideration of past violations of trade concessions.
(d) Basic authority for trade agreements as authority for granting
new concessions as compensation.
(e) International obligations determination prerequisite to
application of authority.
2134. Two-year residual authority to negotiate duties.
(a) Trade agreements.
(b) Maximum volume of imported articles subject to reduction of
duties or continuance of duty-free or excise treatment.
(c) Maximum reduction in duties.
(d) Two-year period of authority.
2135. Termination and withdrawal authority.
(a) Grant of authority for termination or withdrawal at end of period
specified in agreement.
(b) Authority to terminate proclamations at any time.
(c) Increased duties or other import restrictions following
withdrawal, suspension, or modification of obligations with respect to
trade of foreign countries or instrumentalities.
(d) Retaliatory authority.
(e) Continuation of duties or other import restrictions after
termination of or withdrawal from agreements.
(f) Public hearings.
2136. Reciprocal nondiscriminatory treatment.
(a) Direct and indirect imports.
(b) Presidential determination of whether major industrial countries
have made substantially equivalent concessions to the United States.
(c) Recommendations to Congress for legislation following a
Presidential determination that a major industrial country has failed to
grant equivalent concessions.
(d) Major industrial countries.
2137. Reservation of articles for national security or other
reasons.
(a) National security considerations.
(b) Action taken under other laws.
2138. Omitted.
2151. Advice from International Trade Commission.
(a) Lists of articles which may be considered for action.
(b) Advice to President by Commission.
(c) Additional investigations and reports requested by President or
Trade Representative.
(d) Commission steps in preparing its advice to President.
(e) Public hearings.
2152. Advice from executive departments and other sources.
2153. Public hearings.
(a) Opportunity for presentation of views.
(b) Summary of hearings.
2154. Prerequisites for offers.
2155. Information and advice from private and public sectors.
(a) In general.
(b) Advisory Committee for Trade Policy and Negotiations.
(c) General policy, sectoral, or functional advisory committees.
(d) Policy, technical, and other advice and information.
(e) Meeting of advisory committees at conclusion of negotiations.
(f) Application of Federal Advisory Committee Act.
(g) Trade secrets and confidential information.
(h) Advisory committee support.
(i) Consultation with advisory committees; procedures;
nonacceptance of committee advice or recommendations.
(j) Private organizations or groups.
(k) Scope of participation by members of advisory committees.
(l) Advisory committees established by Department of Agriculture.
(m) ''Non-Federal government'' defined.
2171. Structure, functions, powers, and personnel.
(a) Establishment within Executive Office of the President.
(b) United States Trade Representative; Deputy United States Trade
Representatives.
(c) Duties of United States Trade Representative and Deputy United
States Trade Representatives.
(d) Unfair trade practices; additional duties of Representative;
advisory committee; definition.
(e) Powers of United States Trade Representative.
(f) Use of other Federal agencies.
(g) Authorization of appropriations.
2191. Bills implementing trade agreements on nontariff barriers and
resolutions approving commercial agreements with Communist countries.
(a) Rules of House of Representatives and Senate.
(b) Definitions.
(c) Introduction and referral.
(d) Amendments prohibited.
(e) Period for committee and floor consideration.
(f) Floor consideration in the House.
(g) Floor consideration in the Senate.
2192. Resolutions disapproving certain actions.
(a) Contents of resolutions.
(b) Reference to committees.
(c) Discharge of committees.
(d) Floor consideration in the House.
(e) Floor consideration in the Senate.
(f) Procedures in the Senate.
2193. Resolutions relating to extension of waiver authority under
section 402 of the Trade Act of 1974.
(a) Contents of resolution.
(b) Application of rules of section 2192 of this title; exceptions.
(c) Consideration of second resolution not in order.
(d) Procedures relating to conference reports in the Senate.
2194. Special rules relating to Congressional procedures.
(a) Delivery of documents to both Houses.
(b) Computation of 90-day period.
2211. Congressional advisers for trade policy and negotiations.
(a) Selection.
(b) Briefing.
(c) Committee consultation.
2212. Transmission of agreements to Congress.
(a) Submission of copy and reasons.
(b) Submission to each member.
2213. Reports.
(a) Annual report on trade agreements program and national trade
policy agenda.
(b) Annual trade projection report.
(c) ITC reports.
2231. Change of name.
(a) Former United States Tariff Commission.
(b) References in law and other documents.
2232. Independent budget and authorization of appropriations.
2241. Estimates of barriers to market access.
(a) National trade estimates.
(b) Reports.
(c) Assistance of other agencies.
2242. Identification of countries that deny adequate protection, or
market access, for intellectual property rights.
(a) In general.
(b) Special rules for identifications.
(c) Revocations and additional identifications.
(d) Definitions.
(e) Publication.
2251. Action to facilitate positive adjustment to import
competition.
(a) Presidential action.
(b) Positive adjustment to import competition.
2252. Investigations, determinations, and recommendations by
Commission.
(a) Petitions and adjustment plans.
(b) Investigations and determinations by Commission.
(c) Factors applied in making determinations.
(d) Provisional relief.
(e) Commission recommendations.
(f) Report by Commission.
(g) Expedited consideration of adjustment assistance petitions.
(h) Limitations on investigations.
2253. Action by President after determination of import injury.
(a) In general.
(b) Reports to Congress.
(c) Implementation of action recommended by Commission.
(d) Time for taking effect of certain relief.
(e) Limitations on actions.
(f) Orderly marketing and other agreements.
(g) Regulations.
2254. Monitoring, modification, and termination of action.
(a) Monitoring.
(b) Reduction, modification, and termination of action.
(c) Evaluation of effectiveness of action.
(d) Other provisions.
2271. Petitions.
(a) Filing of petition; publication of notice.
(b) Hearing.
2272. Group eligibility requirements; agricultural workers; oil
and natural gas industry.
2273. Determinations by Secretary of Labor.
(a) Certification of eligibility.
(b) Workers covered by certification.
(c) Publication of determination in Federal Register.
(d) Termination of certification.
2274. Study by Secretary of Labor when International Trade
Commission begins investigation.
(a) Subject matter of study.
(b) Report; publication.
2275. Benefit information for workers.
2291. Qualifying requirements for workers.
(a) Trade readjustment allowance conditions.
(b) Withholding of trade readjustment allowance pending beginning or
resumption of participation in training program; period of
applicability.
(c) Approval of training programs; written certifications;
revocation of certification; annual report.
2292. Weekly amounts of readjustment allowance.
(a) Formula.
(b) Adversely affected workers who are undergoing training.
(c) Deduction from total number of weeks of allowance entitlement.
2293. Limitations on trade readjustment allowances.
(a) Maximum allowance; deduction for unemployment insurance;
additional payments for approved training periods.
(b) Limitations on additional payments for training periods.
(c) Adjustments of amounts payable.
(d) Special adjustments for benefit years ending with extended
benefit periods.
(e) Week during which worker received on-the-job training.
(f) Workers treated as participating in training.
2294. Application of State laws.
2295. Employment services.
2296. Training.
(a) Approval of training; limitation on expenditures; reasonable
expectation of employment; payment of costs; approved training
programs; nonduplication of payments from other sources; disapproval
of certain programs; exhaustion of unemployment benefits; promulgation
of regulations.
(b) Supplemental assistance.
(c) Payment of costs of on-the-job training.
(d) Eligibility for unemployment insurance.
(e) ''Suitable employment'' defined.
2297. Job search allowances.
(a) Terms.
(b) Conditions.
(c) Reimbursement for necessary expenses.
2298. Relocation allowances.
(a) Filing of application.
(b) Suitable employment; bona fide offer; total separation when
relocation commences.
(c) Time of relocation.
(d) ''Relocation allowance'' defined.
2311. Agreements with States.
(a) Authority of Secretary to enter into agreements.
(b) Amendment, suspension, and termination of agreements.
(c) Unemployment insurance.
(d) Review.
(e) Coordination of benefits and assistance.
(f) Advising and interviewing adversely affected workers.
2312. Administration absent State agreement.
(a) Promulgation of regulations; fair hearing.
(b) Review of final determination.
2313. Payments to States.
(a) Certification to Secretary of the Treasury for payment to
cooperating States.
(b) Utilization or return of money.
(c) Surety bonds.
2314. Liabilities of certifying and disbursing officers.
(a) Certifying officer.
(b) Disbursing officer.
2315. Fraud and recovery of overpayments.
(a) Repayment; deductions.
(b) False representation or nondisclosure of material fact.
(c) Notice of determination; fair hearing; finality.
(d) Recovered amount returned to Treasury.
2316. Penalties.
2317. Authorization of appropriations.
2318. Supplemental wage allowance demonstration projects.
(a) Establishment of projects; purpose.
(b) Supplemental wage allowances.
(c) Evaluation of projects.
(d) Report to Congress; evaluation and recommendation.
2319. Definitions.
2320. Regulations.
2321. Subpena power.
(a) Subpena by Secretary.
(b) Court order.
2322. Repealed.
2341. Petitions and determinations.
(a) Filing of petition; receipt of petition; initiation of
investigation.
(b) Public hearing.
(c) Certification.
(d) Allowable period for determination.
2342. Approval of adjustment proposals.
(a) Application for adjustment assistance.
(b) Technical assistance.
(c) Preparation of viable adjustment proposal.
(d) Termination of certification of eligibility.
2343. Technical assistance.
(a) Discretion of Secretary; types of assistance.
(b) Utilization of existing agencies, private individuals, etc., in
furnishing assistance; grants to intermediary organizations.
2344. Financial assistance.
(a) Direct loans and guarantees of loans.
(b) Allowable purposes.
(c) Limitation on direct loans.
(d) Limitations on loans and guarantees.
2345. Conditions for financial assistance.
(a) Unavailability of firm's resources; reasonable assurance of
repayment.
(b) Interest rates.
(c) Maturity of loans.
(d) Priority for small firms; servicing of loans.
(e) Loan guarantee conditions.
(f) Operating reserves.
(g) Fees to lenders which make loan guarantees.
(h) Maximum aggregate amount of outstanding guaranteed or direct
loans.
(i) Preference for firms having employee stock ownership plans.
2346. Delegation of functions to Small Business Administration.
(a) Delegation of functions as to eligibility certification.
(b) Authorization of appropriations.
(c) Transfer of unexpended appropriations.
2347. Administration of financial assistance.
(a) Powers of Secretary.
(b) Recordation of mortgages.
(c) Availability of receipts for financing functions.
(d) Privileged or confidential information.
(e) Capital assets secured by first lien; exceptions.
2348. Protective provisions.
(a) Recordkeeping.
(b) Audit and examination.
(c) Certifications.
(d) Conflicts of interest.
2349. Penalties.
2350. Civil actions.
2351. ''Firm'' defined.
2352. Regulations.
2353. Repealed.
2354. Study by Secretary of Commerce when International Trade
Commission begins investigation.
(a) Subject matter of study.
(b) Report; publication.
(c) Information to firms.
2355. Assistance to industry; authorization of appropriations.
(a) Technical assistance.
(b) Expenditures.
2371. Petitions and determinations.
(a) Filing of petition; receipt of petition; initiation of
investigation.
(b) Public hearing.
(c) Certification.
(d) Allowable period for determination.
(e) Size and boundaries of trade impacted areas; criteria.
(f) Termination of certification of eligibility.
2372. Trade Impacted Area Councils for Adjustment Assistance.
(a) Establishment.
(b) Duty and function of Councils.
(c) Grants for staff.
(d) Applications for adjustment assistance.
2373. Program benefits.
(a) Types of adjustment assistance.
(b) Approval of adjustment assistance plan.
(c) Public Works and Economic Development Act of 1965.
(d) Loan guarantees.
(e) Agreement of State or community to pay a portion of liability
arising on loan guarantees.
(f) Preference to corporations with employee stock ownership plan;
requisite features of plan.
(g) Maximum United States share of loan guarantees.
2374. Community Adjustment Assistance Fund.
(a) Establishment.
(b) Authorization of appropriations.
(c) Authorization for loan guarantees.
2391. General Accounting Office study and report.
(a) Adjustment assistance programs.
(b) Assistance from Labor and Commerce Departments.
2392. Adjustment Assistance Coordinating Committee.
2393. Trade monitoring system.
2394. Firms relocating in foreign countries.
2395. Judicial review.
(a) Petition for review; time and place of filing.
(b) Findings of fact by Secretary; conclusiveness; new or modified
findings.
(c) Determination; review by Supreme Court.
2396, 2397. Omitted.
2411. Actions by United States Trade Representative.
(a) Mandatory action.
(b) Discretionary action.
(c) Scope of authority.
(d) Definitions and special rules.
2412. Initiation of investigations.
(a) Petitions.
(b) Initiation of investigation by means other than petition.
(c) Discretion.
2413. Consultation upon initiation of investigation.
(a) In general.
(b) Delay of request for consultations.
2414. Determinations by Trade Representative.
(a) In general.
(b) Consultation before determinations.
(c) Publication.
2415. Implementation of actions.
(a) Actions to be taken under section 2411.
(b) Alternative actions in certain cases of export targeting.
2416. Monitoring of foreign compliance.
(a) In general.
(b) Further action.
(c) Consultations.
2417. Modification and termination of actions.
(a) In general.
(b) Notice; report to Congress.
(c) Review of necessity.
2418. Request for information.
(a) In general.
(b) If information not available.
(c) Certain business information not made available.
2419. Administration.
2420. Identification of trade liberalization priorities.
(a) Identification.
(b) Initiation of investigations.
(c) Agreements for elimination of barriers.
(d) Annual reports.
2431. Exception of products of certain countries or areas.
2432. Freedom of emigration in East-West trade.
(a) Actions of nonmarket economy countries making them ineligible for
most-favored-nation treatment, programs of credits, credit guarantees,
or investment guarantees, or commercial agreements.
(b) Presidential determination and report to Congress that nation is
not violating freedom of emigration.
(c) Waiver authority of President.
(d) Extension of waiver authority.
(e) Countries not covered.
2433. United States personnel missing in action in Southeast Asia.
(a) Penalty for noncooperating countries.
(b) Exception.
2434. Extension of nondiscriminatory treatment.
(a) Presidential proclamation.
(b) Limitation on period of effectiveness.
(c) Suspension or withdrawal of extensions of nondiscriminatory
treatment.
2435. Commercial agreements.
(a) Presidential authority.
(b) Terms of agreements.
(c) Congressional action.
2436. Market disruption.
(a) Investigation by International Trade Commission; report;
publication.
(b) Affirmative determination.
(c) Products of Communist countries.
(d) Petitions to initiate consultations as provided for by safeguard
arrangements.
(e) Definitions; factors determining existence of market disruption.
2437. Procedure for Congressional approval or disapproval of
extension of nondiscriminatory treatment and Presidential reports.
(a) Transmission of nondiscriminatory treatment documents to
Congress.
(b) Transmission of freedom of emigration documents to Congress.
(c) Effective date of proclamations and agreements; disapproval of
reports.
2438. Payment by Czechoslovakia of amounts owed United States
citizens and nationals.
(a) Renegotiation of 1974 agreement.
(b) Provisional retention of gold.
2439. Freedom to emigrate to join a very close relative in United
States.
(a) Sanctions for emigration restrictions.
(b) Report to Congress concerning emigration policies.
(c) Exemption from application of section.
(d) Additional exemption from application of section.
2440. East-West Trade Statistics Monitoring System.
2441. East-West Foreign Trade Board.
(a) Establishment; purpose.
(b) Reports to Board.
(c) Report to Congress.
2461. Authority to extend preferences.
2462. Beneficiary developing countries.
(a) Designation by President.
(b) Countries ineligible for designation as beneficiary developing
countries.
(c) Factors determinative of whether to designate country as
beneficiary developing country.
(d) Exemptions.
2463. Eligible articles.
(a) Lists of articles to be considered for designation.
(b) Eligible articles qualifying for duty-free treatment.
(c) Articles which may not be designated as eligible articles.
2464. Limitations on preferential treatment.
(a) Withdrawal, suspension, or limitation of duty-free treatment;
reporting requirements.
(b) Withdrawal or suspension of designation as beneficiary developing
country.
(c) Beneficiary developing country; determination, treatment,
reviews, etc.
(d) Domestic non-production of like or directly competitive articles.
(e) Coffee imported into Puerto Rico.
(f) Per capita gross national product of beneficiary developing
country for determination year.
2465. Termination of duty-free treatment and reports.
(a) Date of termination.
(b) Report on operation of subchapter.
(c) Annual report on worker rights.
2466. Agricultural exports of beneficiary developing countries.
2481. Definitions.
2482. Exercise of functions of International Trade Commission.
(a) Preliminary investigation.
(b) Use of authority granted under other provisions.
(c) Gathering of current information.
2483. Consequential changes in Tariff Schedules of the United
States.
2484. International drug control.
2485. Voluntary limitations on exports of steel to United States.
2486. Trade relations with North American countries.
(a) Negotiations for free trade area with Canada.
(b) Regional study.
2487. Repealed.
2491. Short title.
2492. Tariff treatment of products of uncooperative major drug
producing or drug-transit countries.
(a) Required action by President.
(b) Certifications; Congressional action.
(c) Duration of action.
(d) Presidential action regarding aviation.
(e) Standards and guidelines for determining major drug-transit
countries.
2493. Sugar quota.
2494. Progress reports.
2495. Definitions.
1581, 2631.
19 USC 2101. Short title
TITLE 19 -- CUSTOMS DUTIES
This chapter may be cited as the ''Trade Act of 1974''.
(Pub. L. 93-618, 1, Jan. 3, 1975, 88 Stat. 1978.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 93-618, which in addition to enacting this chapter
enacted section 1863 of this title, amended sections 160, 162, 163, 164,
170a, 1202, 1303, 1315, 1321, 1330, 1332, 1333, 1337, 1352, 1484, 1516,
1806, 1862, 1872, 1885, and 1981 of this title, sections 5312, 5314,
5315, and 5316 of Title 5, Government Organization and Employees,
section 301 of Title 13, Census, section 3302 of Title 26, Internal
Revenue Code, sections 2631 and 2632 of Title 28, Judiciary and Judicial
Procedure, and section 665 of former Title 31, Money and Finance,
repealed sections 1802, 1803, 1804, 1805, 1822, 1831, 1832, 1833, 1841,
1842, 1843, 1844, 1845, 1846, 1861, 1871, 1873, 1882, 1883, 1884, 1886,
1901, 1902, 1911, 1912, 1913, 1914, 1915, 1917, 1931, 1941, 1942, 1943,
1944, 1951, 1952, 1961, 1962, 1963, 1971, 1972, 1973, 1974, 1975, 1976,
1977, 1978, and 1991 of this title, and enacted provisions set out as
notes under this section and sections 160, 162, 1303, 1321, 1337, 1484,
1515, 1516, 1901, and 2271 of this title and section 301 of Title 13,
Census.
Section 602(f) of Pub. L. 93-618, as amended by Pub. L. 96-39,
title XI, 1106(h)(3), July 26, 1979, 93 Stat. 313, provided that:
''All provisions of law (other than this Act (this chapter), the Trade
Expansion Act of 1962 (chapter 7 of this title), and the Trade
Agreements Extension Act of 1951 (see Short Title of 1951 Amendment note
set out under section 1654 of this title)), in effect after the date of
enactment of this Act (Jan. 3, 1975), referring to section 350 of the
Tariff Act of 1930 (section 1351 of this title), to that section as
amended, to the Act entitled 'An Act to amend the Tariff Act of 1930,'
approved June 12, 1934 (enacting sections 1352, 1353, and 1354 and
amending section 1351 of this title), to that Act as amended or to the
Trade Expansion Act of 1962, or to agreements entered into, or
proclamations issued, or actions taken under any of such provisions,
shall be construed, unless clearly precluded by the context, to refer
also to this Act, or to agreements entered into or proclamations or
orders issued pursuant to this Act.''
Pub. L. 101-382, 1(a), Aug. 20, 1990, 104 Stat. 629, provided
that: ''This Act (see Tables for classification) may be cited as the
''Customs and Trade Act of 1990'.''
Pub. L. 101-221, 1, Dec. 12, 1989, 103 Stat. 1886, provided that:
''This Act (amending section 4611 of Title 26, Internal Revenue Code,
enacting provisions set out as notes under sections 2253 and 2703 of
this title and section 4611 of Title 26, and amending provisions set out
as notes under sections 2253 and 2703 of this title) may be cited as the
'Steel Trade Liberalization Program Implementation Act'.''
Pub. L. 99-272, title XIII, 13001, Apr. 7, 1986, 100 Stat. 300,
provided that: ''This part (part 1 ( 13001-13009) of subtitle A,
amending sections 2271, 2272, 2291 to 2293, 2296, 2297, 2311, 2317,
2319, 2341 to 2344, and 2346 of this title, enacting provisions set out
as a note under section 2291 of this title, and amending provisions set
out as a note preceding section 2271 of this title) may be cited as the
'Trade Adjustment Assistance Reform and Extension Act of 1986'.''
Pub. L. 98-573, title III, 301(a), Oct. 30, 1984, 98 Stat. 3000,
provided that: ''This title (enacting sections 2114a to 2114e, 2138,
and 2241 of this title, amending sections 2112, 2114, 2155, 2171, and
2411 to 2415 of this title and sections 3101 to 3104 of Title 22,
Foreign Relations and Intercourse, and enacting provisions set out as
notes under section 2102 of this title and section 3101 of Title 22) may
be cited as the 'International Trade and Investment Act'.''
Pub. L. 98-573, title V, 501(a), Oct. 30, 1984, 98 Stat. 3018,
provided that: ''This title (enacting section 2466 of this title,
amending sections 2461 to 2465 of this title, and enacting provisions
set out as notes under section 2461 of this title) may be cited as the
'Generalized System of Preferences Renewal Act of 1984'.''
Section 605 of Pub. L. 93-618 provided that: ''If any provision of
this Act (see References in Text note above), or the application of any
provision to any circumstances or persons shall be held invalid, the
validity of the remainder of this Act, and of the application of such
provision to other circumstances or persons, shall not be affected
thereby.''
19 USC 2102. Congressional statement of purpose
TITLE 19 -- CUSTOMS DUTIES
The purposes of this chapter are, through trade agreements affording
mutual benefits --
(1) to foster the economic growth of and full employment in the
United States and to strengthen economic relations between the United
States and foreign countries through open and nondiscriminatory world
trade;
(2) to harmonize, reduce, and eliminate barriers to trade on a basis
which assures substantially equivalent competitive opportunities for the
commerce of the United States;
(3) to establish fairness and equity in international trading
relations, including reform of the General Agreement on Tariffs and
Trade;
(4) to provide adequate procedures to safeguard American industry and
labor against unfair or injurious import competition, and to assist
industries, firm, /1/ workers, and communities to adjust to changes in
international trade flows;
(5) to open up market opportunities for United States commerce in
nonmarket economies; and
(6) to provide fair and reasonable access to products of less
developed countries in the United States market.
(Pub. L. 93-618, 2, Jan. 3, 1975, 88 Stat. 1981.)
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
Pub. L. 98-573, title III, 302, Oct. 30, 1984, 98 Stat. 3000,
provided that: ''The purposes of this title (see Short Title of 1984
Amendment note set out under section 2101 of this title) are --
''(1) to foster the economic growth of, and full employment in, the
United States by expanding competitive United States exports through the
achievement of commercial opportunities in foreign markets substantially
equivalent to those accorded by the United States;
''(2) to improve the ability of the President --
''(A) to identify and to analyze barriers to (and restrictions on)
United States trade and investment, and
''(B) to achieve the elimination of such barriers and restrictions;
''(3) to encourage the expansion of --
''(A) international trade in services through the negotiation of
agreements (both bilateral and multilateral) which reduce or eliminate
barriers to international trade in services, and
''(B) United States service industries in foreign commerce; and
''(4) to enhance the free flow of foreign direct investment through
the negotiation of agreements (both bilateral and multilateral) which
reduce or eliminate the trade distortive effects of certain
investment-related measures.''
/1/ So in original.
19 USC SUBCHAPTER I -- NEGOTIATING AND OTHER AUTHORITY
TITLE 19 -- CUSTOMS DUTIES
19 USC Part 1 -- Rates of Duty and Other Trade Barriers
TITLE 19 -- CUSTOMS DUTIES
19 USC 2111. Basic authority for trade agreements
TITLE 19 -- CUSTOMS DUTIES
(a) Presidential authority to enter into agreement; modification or
continuance of existing duties
Whenever the President determines that any existing duties or other
import restrictions of any foreign country or the United States are
unduly burdening and restricting the foreign trade of the United States
and that the purposes of this chapter will be promoted thereby, the
President --
(1) during the 5-year period beginning on January 3, 1975, may enter
into trade agreements with foreign countries or instrumentalities
thereof; and
(2) may proclaim such modification or continuance of any existing
duty, such continuance of existing duty-free or excise treatment, or
such additional duties, as he determines to be required or appropriate
to carry out any such trade agreement.
(b) Limitation on authority to decrease duty
(1) Except as provided in paragraph (2), no proclamation pursuant to
subsection (a)(2) of this section shall be made decreasing a rate of
duty to a rate below 40 percent of the rate existing on January 1, 1975.
(2) Paragraph (1) shall not apply in the case of any article for
which the rate of duty existing on January 1, 1975, is not more than 5
percent ad valorem.
(c) Limitation on authority to increase duty
No proclamation shall be made pursuant to subsection (a)(2) of this
section increasing any rate of duty to, or imposing a rate above, the
higher of the following:
(1) the rate which is 50 percent above the rate set forth in rate
column numbered 2 of the Tariff Schedules of the United States as in
effect on January 1, 1975, or
(2) the rate which is 20 percent ad valorem above the rate existing
on January 1, 1975.
(Pub. L. 93-618, title I, 101, Jan. 3, 1975, 88 Stat. 1982.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
The Tariff Schedules of the United States, referred to in subsec.
(c)(1), to be treated as a reference to the Harmonized Tariff Schedule
pursuant to section 3012 of this title. The Harmonized Tariff Schedule
is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
The Office of the Special Representative for Trade Negotiations was
redesignated the Office of the United States Trade Representative, and
Special Representative for Trade Negotiations was redesignated the
United States Trade Representative by Reorg. Plan No. 3 of 1979,
1(a), (b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as
provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 993, set out as notes under section 2171 of this title. See, also,
section 2171 of this title as amended by Pub. L. 97-456.
Pub. L. 96-39, title XI, 1109, July 26, 1979, 93 Stat. 413,
provided that the President submit to the Congress, not later than July
10, 1979, a proposal to restructure the international trade functions of
the Executive Branch of the United States Government, and directed, in
order to ensure that the 96th Congress takes final action on a
comprehensive reorganization of trade functions as soon as possible,
that the appropriate committee of each House of the Congress give the
proposal by the President immediate consideration and make its best
efforts to take final committee action to reorganize and restructure the
international trade functions of the United States Government by Nov.
10, 1979.
Pub. L. 96-39, title XI, 1110, July 26, 1979, 93 Stat. 314,
directed the President to review all export promotion functions of the
executive branch and potential programmatic and regulatory disincentives
to exports, and to submit to the Congress a report of that review not
later than July 15, 1980, and not later than July 15, 1980, to submit to
the Congress a study of the factors bearing on the competitive posture
of United States producers and the policies and programs required to
strengthen the relative competitive position of the United States in
world markets.
Proc. No. 4707, Dec. 11, 1979, 44 F.R. 72348, as amended by Ex.
Ord. No. 12204, Mar. 27, 1980, 45 F.R. 20740; Proc. No. 4792, Sept.
15, 1980, 45 F.R. 61589; Proc. No. 4889, Dec. 29, 1981, 47 F.R. 1;
Proc. No. 4904, Feb. 27, 1982, 47 F.R. 8753; Ex. Ord. No. 12354, Mar.
30, 1982, 47 F.R. 13477; Ex. Ord. No. 12371, July 12, 1982, 47 F.R.
30449; Ex. Ord. No. 12389, Oct. 25, 1982, 47 F.R. 47529; Ex. Ord.
No. 12413, Mar. 30, 1983, 48 F.R. 13921; Proc. No. 5050, Apr. 15,
1983, 48 F.R. 16639; Ex. Ord. No. 12459, Jan. 16, 1984, 49 F.R. 2089;
Ex. Ord. No. 12471, Mar. 30, 1984, 49 F.R. 13101; Ex. Ord. No.
12519, June 13, 1985, 50 F.R. 25037; Proc. No. 5365, Aug. 30, 1985, 50
F.R. 36220; Proc. No. 5452, Mar. 31, 1986, 51 F.R. 11539, provided:
1. Pursuant to Section 101(a) of the Trade Act of 1974 (19 U.S.C.
2111(a)), I determined that certain existing duties and other import
restrictions of the United States and of foreign countries were unduly
burdening and restricting the foreign trade of the United States and
that one or more of the purposes stated in Section 2 of the Trade Act of
1974 (19 U.S.C. 2102) would be promoted by entering into the trade
agreements identified in the third and fourth recitals of this
proclamation.
2. Sections 131, 132, 133, 134, 135, and 161(b) of the Trade Act of
1974 (19 U.S.C. 2151, 2152, 2153, 2154, 2155, and 2211(b)) and Section
4(c) of Executive Order No. 11846 of March 27, 1975, (3 CFR 1971-1975
Comp. 974) (set out as a note above), have been complied with.
3. Pursuant to Section 101(a)(1) of the Trade Act of 1974 (19 U.S.C.
2111(a)(1)), I, through my duly empowered representative, (1) on July
11, 1979, entered into a trade agreement with other contracting parties
to the General Agreement on Tariffs and Trade (61 Stat. (pts. 5 and 6)),
as amended (the General Agreement), with countries seeking to accede to
the General Agreement, and the European Economic Community, which
agreement consists of the Geneva (1979) Protocol to the General
Agreement, including a schedule of United States concessions annexed
thereto (hereinafter referred to as ''Schedule XX (Geneva-1979)''), a
copy of which Geneva (1979) Protocol (including Schedule XX
(Geneva-1979) annexed thereto) is annexed to this proclamation as Part 1
of Annex I (set out below), (2) on November 18, 1978, entered into a
trade agreement with the Hungarian People's Republic, including a
schedule of United States concessions annexed thereto, a copy of which
agreement, and schedule, is annexed to this proclamation as Part 2 of
Annex I (set out below), (3) on October 31, 1979, entered into a trade
agreement with the United Mexican States, which agreement consists of an
exchange of letters, one enclosing a schedule of United States
concessions, a copy of which exchange of letters, including such
enclosed schedule, is annexed to this proclamation as Part 3 of Annex I
(set out below), and (4) on March 2, 1979, entered into a trade
agreement with the Socialist Republic of Romania, which agreement
consists of an exchange of letters, one enclosing a schedule of United
States concessions, a copy of which exchange of letters, including such
enclosed schedule, is annexed to this proclamation as Part 4 of Annex I
(set out below), and on October 24, 1979, the American Institute in
Taiwan entered into a trade agreement with the Coordination Council for
North American Affairs (see the Taiwan Relations Act, Sections 4(b)(1),
6(a)(1), and 10(a), 93 Stat. 15, 17, and 18 (22 U.S.C. 3303(b)(1),
3305(a)(1), and 3309(a)), E.O. 12143, sections 1-203 and 1-204, 44 Fed.
Reg. 37191) (22 U.S.C. 3301 note), which agreement consists of an
exchange of letters, one enclosing a schedule of the United States
concessions, a copy of which exchange of letters, including such
enclosed schedule, is annexed to this proclamation as Part 5 of Annex I
(set out below).
4. Pursuant to Section 102 of the Trade Act of 1974 (19 U.S.C.
2112), I have determined that barriers to (and other distortions of)
international trade were unduly burdening and restricting the foreign
trade of the United States, and, through the Special Representative for
Trade Negotiations (now United States Trade Representative, see Change
of Name note above) (the Special Representative (now Trade
Representative)), I have consulted with the appropriate Committees of
the Congress, notified the House of Representatives and the Senate of my
intention to enter into the agreements identified in Section 2(c) of the
Trade Agreements Act of 1979 (93 Stat. 148) (19 U.S.C. 2503(c)),
transmitted to the Congress copies of such agreements (a copy of one of
which agreements, with the Hungarian People's Republic, is annexed to
this proclamation as Part 6 of Annex I (set out below)), together with a
draft of an implementing bill and a statement of administrative action,
and such implementing bill, approving the agreements and the proposed
administrative action, has been enacted into law (Section 2(a) of the
Trade Agreements Act of 1979 (93 Stat. 147) (19 U.S.C. 2503(a))).
5. (a) Pursuant to Section 502 of the Trade Agreements Act of 1979
(93 Stat. 251) (Pub. L. 96-39, July 26, 1979), I have determined that
appropriate concessions have been received from foreign countries under
trade agreements entered into under Title I of the Trade Act of 1974 (19
U.S.C. 2111 et seq.);
(b) Pursuant to Section 601(a) of the Trade Agreements Act of 1979
(93 Stat. 267), I have determined that duty-free treatment for certain
articles now classified in the items of the Tariff Schedules of the
United States (19 U.S.C. 1202) (TSUS) (see Publication of Tariff
Schedules note under section 1202 of this title) listed in, and
certified pursuant to, Section 601(a)(2) of that Act (93 Stat. 267),
will provide treatment comparable to that provided by foreign countries
under the Agreement on Trade in Civil Aircraft;
(c) Pursuant to Section 503(a)(2)(A) of the Trade Agreements Act of
1979 (93 Stat. 251), I have determined, after providing interested
parties an opportunity to comment, that each article identified in Annex
IV to this proclamation (see note below) is not import sensitive;
(d) Pursuant to Section 855(a) of the Trade Agreements Act of 1979
(93 Stat. 295), I have determined that adequate reciprocal concessions
have been received, under trade agreements entered into under the Trade
Act of 1974 (this chapter), for the application of the rate of duty
appearing in rate column numbered 1 on January 1, 1979, for the
comparable item on a proof gallon basis in the case of alcoholic
beverages classified in all items in subpart D of part 12 of schedule 1
of the TSUS, except items 168.09, 168.12, 168.43, 168.77, 168.81,
168.87, and 168.95 (see Publication of Tariff Schedules note under
section 1202 of this title);
(e) Pursuant to Section 2(b)(2)(A) of the Trade Agreements Act of
1979 (93 Stat. 147) (19 U.S.C. 2503(b)(2)(A)), I have determined that
obligations substantially the same as those applicable to developing
countries set forth in the agreements listed in Section 2(c)(1), (2),
(3), (4), and (5) of that Act (93 Stat. 148) (19 U.S.C. 2503(c)(1), (2),
(3), (4), and (5)) will be observed in Taiwan.
6. Each modification of existing duty proclaimed herein which
provides with respect to an article for a decrease in duty below the
limitation specified in Sections 101(b)(1) or 109(a) of the Trade Act of
1974 (19 U.S.C. 2111(b)(1) or 2119(a)), and each modification of any
other import restriction or tariff provision so proclaimed is authorized
by one or more of the following provisions or statutes:
(a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C.
2111(b)(2)), by virtue of the fact that the rate of duty existing on
January 1, 1975, applicable to the article was not more than 5 percent
ad valorem (or ad valorem equivalent);
(b) Section 109(b) of the Trade Act of 1974 (19 U.S.C. 2119(b)), by
virtue of the fact that I have determined, pursuant to that section,
that the decrease authorized by that section will simplify the
computation of the amount of duty imposed with respect to the article;
(c) Sections 503(a)(2)(A) and 503(a)(3) to (6) of the Trade
Agreements Act of 1979 (93 Stat. 251 and 252) (Pub. L. 96-39, July 26,
1979) by virtue of the fact that they permit departures from the staging
provisions of Section 109(a) of the Trade Act of 1974 (19 U.S.C.
2119(a));
(d) Sections 502(a), 855(a), and 601(a) of the Trade Agreements Act
of 1979 (93 Stat. 251, 295, and 267) by virtue of the authority in such
sections for specified concessions based on reciprocity, but in the case
of the last such section only after the conditions for acceptance of the
Agreement on Trade in Civil Aircraft, identified in Section 2(c)(10) of
that Act (93 Stat. 148) (19 U.S.C. 2503(c)(10)), are fulfilled;
(e) Sections 505 through 513, inclusive, of the Trade Agreements Act
of 1979 (93 Stat. 252-257) by virtue of the fact that they permit
exceeding the limitations specified in Sections 101 or 109 of the Trade
Act of 1974 (19 U.S.C. 2111 or 2119);
(f) Section 255 of the Trade Expansion Act of 1962 (19 U.S.C. 1885)
by virtue of the fact that it permits termination of proclamations
issued pursuant to authority contained in that act;
(g) Section 2(a) of the Trade Agreements Act of 1979 (93 Stat. 147)
(19 U.S.C. 2503(a)) by virtue of its approval of the agreements
identified in Section 2(c) of that Act (93 Stat. 148) (19 U.S.C.
2503(c)), and
(h) Section 304(a)(3)(J) of the Tariff Act of 1930 (19 U.S.C.
1304(a)(3)(J)) and Section 602(f) of the Trade Act of 1974 (19 U.S.C.
2101 note), by virtue of the fact that I have found that the
effectiveness of the proviso to Section 304(a)(3)(J) (19 U.S.C.
1304(a)(3)(J)) with respect to the marking of articles provided for in
headnote 2 of part 1 of schedule 2 of the TSUS (see Publication of
Tariff Schedules note under section 1202 of this title) is required or
appropriate to carry out the first agreement identified in the third
recital of this proclamation.
7. In the case of each decrease in duty, including those of the type
specified in clause (a) or (b) of the sixth recital of this
proclamation, which involves the determination of the ad valorem
equivalent of a specific or compound rate of duty, and in the case of
each modification in the form of an import duty, the United States
International Trade Commission determined, pursuant to Section 601(4) of
the Trade Act of 1974 (19 U.S.C. 2481(4)) in accordance with Section
4(e) of Executive Order No. 11846 of March 27, 1975, (3 CFR 1971-1975
Comp. 973) (set out as a note above), and at my direction, the ad
valorem equivalent of the specific or compound rate, on the basis of the
value of imports of the article concerned during a period determined by
it to be representative, utilizing, to the extent practicable, the
standards of valuation contained in Sections 402 and 402a of the Tariff
Act of 1930 (19 U.S.C. 1401a and 1402) applicable to the article during
such representative period.
8. Pursuant to the Trade Act of 1974 (this chapter) and the Trade
Agreements Act of 1979 (see 19 U.S.C. 2501), I determine that the
modification or continuance of existing duties or other import
restrictions or the continuance of existing duty-free or excise
treatment hereinafter proclaimed is required or appropriate to carry out
the trade agreements identified in the third recital of this
proclamation or one or more of the trade agreements identified in
Section 2(c) of the Trade Agreements Act of 1979 (93 Stat. 148) (19
U.S.C. 2503(c)).
9. Following unsatisfactory negotiations with the European Economic
Community under Articles XXIV:6 and XXVIII of the General Agreement
regarding the maintenance by the European Economic Community of
unreasonable import restrictions upon imports of poultry from the United
States, the President, by Proclamation 3564 of December 4, 1963 (77
Stat. 1035), suspended certain United States tariff concessions; as a
result of the reciprocal concessions contained in the Geneva (1979)
Protocol to the General Agreement, I determine that the termination of
such suspension of tariff concessions contained in Proclamation 3564
(except those applicable to automobile trucks valued at $1,000 or more
(provided for in TSUS item 692.02) (see Publication of Tariff Schedules
note under section 1202 of this title)) is required to carry out the
General Agreement.
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of
America, acting under the authority vested in me by the Constitution and
the statutes, including but not limited to Title I and Section 604 of
the Trade Act of 1974 (this subchapter and 19 U.S.C. 2483), Section 2
(19 U.S.C. 2503), and Titles V, VI, and VIII of the Trade Agreements Act
of 1979 (Pub. L. 96-39, July 26, 1979) Section 255 of the Trade
Expansion Act of 1962 (19 U.S.C. 1885), and Section 301 of Title 3 of
the United States Code, do proclaim that:
(1) At the close of December 31, 1979, the suspension of tariff
concessions contained in Proclamation 3564 (except those applicable to
automobile trucks valued at $1,000 or more (provided for in TSUS item
692.02) (see Publication of Tariff Schedules note under section 1202 of
this title)) shall terminate.
(2) The amendment to Section 466 of the Tariff Act of 1930 (19 U.S.C.
1466) provided for in Section 601(a)(3) of the Trade Agreements Act of
1979 (93 Stat. 268) shall be effective with respect to entries made
under Section 466 on and after the date designated by the President
under paragraph 5(b) of this proclamation.
(3) The rate of duty applicable to each item as to which the
determination has been made in recital 5(d) is the rate of duty
appearing in rate column numbered 1 on January 1, 1979, for the
comparable item on a proof gallon basis or such rate as reduced under
Section 101 of the Trade Act of 1974 (19 U.S.C. 2111).
(4) Subject to the provisions of the General Agreement, of the Geneva
(1979) Protocol, of other agreements supplemental to the General
Agreement, of the other agreements identified in recitals 3 and 4, and
of United States law (including but not limited to provisions for more
favorable treatment), the modification or continuance of existing duties
or other import restrictions and the continuance of existing duty-free
or excise treatment provided for in Schedule XX (Geneva-1979) (except
those provided for in the items listed in Parts 1C, 1D, 2D, 2E, 2K, 3C,
3D, 4C, and 4D of Annex I to Schedule XX which are required to implement
the Agreement on Implementation of Article VII of the General Agreement
on Tariffs and Trade, and those provided for in Section 1, Chapter 4,
Unit C, Note 2 (cheese quotas), and in Section 1, Chapter 10, Unit B,
note 2 (chocolate quotas), all of which will be the subject of one or
more separate proclamations), in the agreements identified in the third
and fourth recitals of this proclamation, and in trade agreements
legislation, shall become effective on or after January 1, 1980, as
provided for herein.
(5) To this end --
(a) Except as provided for in subparagraph (b), the modifications to
the TSUS made by Annex II, Section A of Annex III, and Sections B(1)
through (4) of Annex IV of this proclamation (see note below) shall be
effective with respect to articles entered, or withdrawn from warehouse,
for consumption on and after the effective dates specified in those
annexes;
(b) The modifications provided for in Section A of Annex II to this
proclamation (see note below) which are authorized by Section 601(a) of
the Trade Agreements Act of 1979 (93 Stat. 267) shall apply to articles
entered, or withdrawn from warehouse, for consumption on and after the
date designated by the President when he determines that the
requirements of Section 2(b) of the Trade Agreements Act of 1979 (93
Stat. 147) (19 U.S.C. 2503(b)) have been met with respect to the
Agreement on Trade in Civil Aircraft;
(c) The Special Representative (now Trade Representative) shall make
any determinations relevant to the designation of the effective dates of
the modifications of the TSUS made by Sections B through G of Annex III,
and Sections B (5) through (10) of Annex IV of this proclamation, (see
note below) and shall publish in the Federal Register the effective date
with respect to each of the modifications made by these sections; such
modifications shall apply to articles entered, or withdrawn from
warehouse, for consumption on and after such effective date;
(d) The modifications to the TSUS made by Section C of Annex IV to
this proclamation, (see note below) relating to special treatment for
the least developed developing countries (LDDC's), shall be effective
with respect to articles entered, or withdrawn from warehouse, for
consumption on and after the effective dates as provided for in Section
B of Annex IV (see note below); whenever the rate of duty specified in
the column numbered 1 for any TSUS item is reduced to the same level as
the corresponding rate of duty specified in the column entitled ''LDDC''
for such item, the rate of duty in the column entitled ''LDDC'' shall be
deleted from the TSUS, and when the duty rates for all such items in
Annex IV (see note below) have been deleted, the modifications to the
TSUS made by Section C of Annex IV to this proclamation (see note below)
shall be deleted;
(e) Section A of Annex IV (see note below) shall become effective on
January 1, 1980.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
December, in the year of our Lord nineteen hundred and seventy-nine, and
of the Independence of the United States of America the two hundred and
fourth.
Jimmy Carter.
Part 1 Geneva (1979) Protocol to the General Agreement on Tariffs and
Trade (Including Schedules of Concessions)
Part 2 Trade Agreement with the People's Republic of Hungary Entered
Into on November 18, 1979
Part 3 Trade Agreement with the United Mexican States Entered Into on
October 31, 1979
Part 4 Trade Agreement with the Socialist Republic of Romania Entered
Into on March 2, 1979
Part 5 Trade Agreement between the American Institute in Taiwan and
the Coordination Council for North American Affairs Entered Into on
October 24, 1979
Part 6 Agreement with the Hungarian People's Republic Entered Into on
June 13, 1979
Annexes II to IV of Proclamation 4707, which amended the Tariff
Schedules of the United States, are not set out under this section
because the Tariff Schedules were not set out in the Code. The Tariff
Schedules of the United States were replaced by the Harmonized Tariff
Schedule of the United States which is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out under section
1202 of this title.
Proc. No. 4768, June 28, 1980, 45 F.R. 45135, as amended by Proc.
No. 4792, Sept. 15, 1980, 45 F.R. 61589; Ex. Ord. No. 12311, 5, June
29, 1981, 46 F.R. 34305; Proc. No. 4904, Feb. 27, 1982, 47 F.R. 8753;
Ex. Ord. No. 12354, Mar. 30, 1982, 47 F.R. 13477; Ex. Ord. No.
12413, Mar. 30, 1983, 48 F.R. 13921; Ex. Ord. No. 12471, Mar. 30,
1984, 49 F.R. 13101; Ex. Ord. No. 12519, June 13, 1985, 50 F.R. 25037;
Proc. No. 5365, Aug. 30, 1985, 50 F.R. 36220; Proc. No. 5452, Mar.
31, 1986, 51 F.R. 11539, provided:
1. Pursuant to Section 204(a)(2) of the Trade Agreements Act of 1979
(93 Stat. 203) (19 U.S.C. 1401a note) in order to implement, beginning
on July 1, 1980, the new customs valuation standards as provided in
Title II of that Act (Pub. L. 96-39, July 26, 1979, 93 Stat. 194), and
for other purposes, I make the following determinations, and do proclaim
as hereinafter set forth.
2. Section 225 of the Trade Agreements Act of 1979 (93 Stat. 235)
(Pub. L. 96-39, July 26, 1979), Sections 131, 132, 133, 134, 135, and
161(b) of the Trade Act of 1974 (19 U.S.C. 2151, 2152, 2153, 2154, 2155,
and 2211(b)) and Section 4(c) of Executive Order No. 11846 of March 27,
1975, (3 CFR 1971-1975 Comp 974) (set out as a note above), have been
complied with.
3. Pursuant to Section 101(a) of the Trade Act of 1974 (19 U.S.C.
2111(a)) and having made the determinations required by that section
with regard to the following trade agreements, I, through my duly
empowered representative, (1) on July 11, 1979, entered into a trade
agreement with other contracting parties to the General Agreement on
Tariffs and Trade (61 Stat. (pts. 5 and 6)), as amended (the General
Agreement), with countries seeking to accede to the General Agreement,
and the European Communities, which agreement consists of the Geneva
(1979) Protocol to the General Agreement, including a schedule of United
States concessions annexed thereto (hereinafter referred to as
''Schedule XX (Geneva-1979)''), (2) on December 18, 1979, entered into a
trade agreement with Switzerland, which agreement consists of an
exchange of letters, a copy of which is annexed to this proclamation as
Part 2 of Annex I, (3) on December 21 and 27, 1979, and on January 2,
1980, entered into trade agreements with the European Communities, which
agreements consists of joint memoranda, copies of which are annexed to
this proclamation as Part 3 of Annex I, (4) on January 2, 1980, entered
into a trade agreement with the Dominican Republic, which agreement
consists of an exchange of letters, a copy of which is annexed to this
proclamation as Part 4 of Annex I, and (5) on December 29, 1979, entered
into a trade agreement with Indonesia, which agreement consists of a
memorandum and an exchange of letters, copies of which are annexed to
this proclamation as Part 5 of Annex I.
4. After having complied with Section 102 of the Trade Act of 1974
(19 U.S.C. 2112), and having made the required determinations, I
notified Congress of my intention to enter into the Agreement on
Implementation of Article VII of the General Agreement on Tariffs and
Trade (a copy of which is annexed to this proclamation as Part 1 of
Annex I); and an implementing bill, approving the agreement and the
proposed administrative action, has been enacted into law (Section 2(a)
of the Trade Agreements Act of 1979 (93 Stat. 147) (19 U.S.C.
2503(a))).
5. (a) Pursuant to Section 2(b)(3) of the Trade Agreements Act of
1979 (93 Stat. 147) (19 U.S.C. 2503(b)(3)), I determine (1) that each
major industrial country, as defined therein, with the exception of
Canada, is accepting the Agreement on Implementation of Article VII of
the General Agreement on Tariffs and Trade, (2) that the acceptance of
this Agreement by Canada is not essential to the effective operation of
the Agreement, (3) that a significant portion of United States trade
will benefit from the Agreement, notwithstanding such nonacceptance, and
(4) that it is in the national interest of the United States to accept
the Agreement (and have so reported to the Congress);
(b) Pursuant to Section 204(a)(2)(A) and (B) of the Trade Agreements
Act of 1979 (93 Stat. 203) (19 U.S.C. 1401a note), I determine that the
European Communities (including the European Economic Community) have
accepted the obligations of the Agreement on Implementation of Article
VII of the General Agreement on Tariffs and Trade with respect to the
United States and each of the member states of the European Communities
has implemented the Agreement under its laws (effective July 1, 1980);
(c) Pursuant to Section 503(a)(1) of the Trade Agreements Act of 1979
(93 Stat. 251) (Pub. L. 96-39, July 26, 1979), I determine, after
interested parties were provided an opportunity to comment, that the
articles classifiable in the following new items of the Tariff Schedules
of the United States (TSUS) (19 U.S.C. 1202) (see Publication of Tariff
Schedules note set out under section 1202 of this title), added thereto
by Annex II to this proclamation, were not imported into the United
States before January 1, 1978, and were not produced in the United
States before May 1, 1978:
(d) Pursuant to Section 503(a)(2)(A) of the Trade Agreements Act of
1979 (93 Stat. 251), I determine, after providing interested parties an
opportunity to comment, that each article identified in Annex IV to this
proclamation is not import sensitive.
6. Each modification of existing duty proclaimed herein which
provides with respect to an article for a decrease in duty below the
limitation specified in Sections 101(b)(1) or 109(a) of the Trade Act of
1974 (19 U.S.C. 2111(b)(1) or 2119(a)), and each modification of any
other import restriction or tariff provision so proclaimed is authorized
by one or more of the following provisions or statutes:
(a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C.
2111(b)(2)), by virtue of the fact that the rate of duty existing on
January 1, 1975, applicable to the article was not more than 5 percent
ad valorem (or ad valorem equivalent);
(b) Section 109(b) of the Trade Act of 1974 (19 U.S.C. 2119(b)), by
virtue of the fact that I have determined, pursuant to that section,
that the decrease authorized by that section will simplify the
computation of the amount of duty imposed with respect to the article;
and
(c) The Trade Agreements Act of 1979 (93 Stat. 144 et seq.) (see 19
U.S.C. 2501) including, but not limited to, Sections 503(a)(1), (2)(A)
and (6) (93 Stat. 251 and 252) (Pub. L. 96-39, July 26, 1979) by virtue
of the fact that they permit departures from the staging provisions of
Section 109(a) of the Trade Act of 1974 (19 U.S.C. 2119(a)).
7. In the case of each decrease in duty, including those of the type
specific in clause (a) or (b) of the sixth recital of this proclamation,
which involves the determination of the ad valorem equivalent of a
specified or compound rate of duty, and in the case of each modification
in the form of an import duty, the United States International Trade
Commission has determined, pursuant to Section 601(4) of the Trade Act
of 1974 (19 U.S.C. 2481(4)), in accordance with Section 4(e) of
Executive Order No. 11846 of March 27, 1975 (3 CFR 1971-1975 Comp. 973)
(set out as a note above), and at my direction, the ad valorem
equivalent of the specific or compound rate, on the basis of the value
of imports of the article concerned during a period determined by it to
be representative, utilizing, to the extent practicable, the standards
of valuation contained in Sections 402 and 402a of the Tariff Act of
1930 (19 U.S.C. 1401a and 1402) applicable to the article during such
representative period.
8. Pursuant to the Trade Act of 1974 (this chapter) and the Trade
Agreements Act of 1979 (see 19 U.S.C. 2501), I determine that each
modification or continuance of existing duties or other import
restrictions and each continuance of existing duty-free or excise
treatment hereinafter proclaimed is required or appropriate to carry out
the trade agreements identified in the third recital of this
proclamation or the Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade.
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of
America, acting under the authority vested in me by the Constitution and
the statutes, including but not limited to Title I and Section 604 of
the Trade Act of 1974 (this subchapter and 19 U.S.C. 2483), Section 2
(19 U.S.C. 2503) and Titles II and V of the Trade Agreements Act of 1979
(Pub. L. 96-39, July 26, 1979), and Section 301 of Title 3 of the United
States Code, do proclaim that:
(1)(a) The valuation standards amendments made by Title II of the
Trade Agreements Act of 1979 (93 Stat. 194 et seq.) to Sections 402 and
402a of the Tariff Act of 1930 (19 U.S.C. 1401a and 4102), and
(b) subject to the provisions of the General Agreement, of the Geneva
(1979) Protocol, of other agreements supplemental to the General
Agreement, of the other agreements identified in recitals 3 and 4, and
of United States Law (including but not limited to provisions for more
favorable treatment), --
(i) the modification or continuance of existing duties or other
import restrictions, and
(ii) the continuance of existing duty-free or excise treatment
provided for in these agreements and in trade agreements legislation,
shall become effective on or after July 1, 1980, as provided for herein.
(2) To this end --
(a) The amendments made by Title II of the Trade Agreements Act of
1979 (93 Stat. 194 et seq.), except amendments made by section 223(b)
(see Effective Date of 1979 Amendment note set out under section 1401a
of this title), shall be effective with respect to articles exported to
the United States on and after July 1, 1980;
(b) The TSUS is modified as provided in Annexes II, III and IV of the
proclamation;
(c) The modifications to the TSUS made by Sections A and C of Annex
II, and Section A of Annex III, of this proclamation shall be effective
with respect to articles exported to the United States on and after the
effective dates specified in those annexes;
(d) The modifications to the TSUS made by Sections B, D and E of
Annex II, Section B of Annex III, and Sections A and B of Annex IV, of
this proclamation shall be effective with respect to articles entered,
or withdrawn from warehouse for consumption, on and after the effective
dates specified in those annexes;
(e) The United States Trade Representative shall make the necessary
determinations relevant to the designation of the effective dates of the
modifications of the TSUS made by Sections F and G of Annex II and
Section C of Annex III to this proclamation, and shall publish in the
Federal Register the effective date with respect to each of the
modifications made by these sections; such modifications shall apply to
articles entered, or withdrawn from warehouse for consumption, on and
after such effective date;
(f) With respect to the modifications to the TSUS made by Annex IV to
this proclamation and Annex IV to Presidential Proclamation 4707 of
December 11, 1979 (see note above), relating to special treatment for
the least developed developing countries (LDDC's), whenever the rate of
duty specified in the column numbered 1 for any TSUS item is reduced to
the same level as the corresponding rate of duty specified in the column
entitled ''LDDC'' for such item, or to a lower level, the rate of duty
in the column entitled ''LDDC'' shall be deleted from the TSUS;
(g) Annexes III and IV of Presidential Proclamation 4707 of December
11, 1979 (see note above), are superseded to the extent inconsistent
with this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of
June, in the year of our Lord nineteen hundred and eighty, and of the
Independence of the United States of America the two hundred and fourth.
Jimmy Carter.
Annexes I to IV of Proclamation 4768, which amended the Tariff
Schedules of the United States, are not set out under this section
because the Tariff Schedules were not set out in the Code. The Tariff
Schedules of the United States were replaced by the Harmonized Tariff
Schedule of the United States which is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out under section
1202 of this title.
Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, as amended by Ex.
Ord. No. 11894, Jan. 3, 1976, 41 F.R. 1041; Ex. Ord. No. 11947, Nov.
8, 1976, 41 F.R. 49799; Ex. Ord. No. 12102, Nov. 17, 1978, 43 F.R.
54197; Ex Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, Ex. Ord.
No. 12188, Jan. 2, 1980, 45 F.R. 989, provided:
By virtue of the authority vested in me by the Trade Act of 1974,
hereinafter referred to as the Act (Public Law 93-618, 88 Stat. 1978)
(this chapter), the Trade Expansion Act of 1962, as amended (19 U.S.C.
1801), Section 350 of the Tariff Act of 1930, as amended (19 U.S.C.
1351), and Section 301 of Title 3 of the United States Code, and as
President of the United States, it is hereby ordered as follows:
Section 1. The Trade Agreements Program.
The ''trade agreements program'' includes all activities consisting
of, or related to, the negotiation or administration of international
agreements which primarily concern trade and which are concluded
pursuant to the authority vested in the President by the Constitution,
Section 350 of the Tariff Act of 1930 (section 1351 of this title), as
amended, the Trade Expansion Act of 1962, as amended (section 1801 et
seq. of this title), or the Act (this chapter).
Sec. 2. The Special Representative for Trade Negotiations (now United
States Trade Representative, see Change of Name note above).
(a) The Special Representative for Trade Negotiations (now United
States Trade Representative), hereinafter referred to as the Special
Representative (now Trade Representative), in addition to the functions
conferred upon him by the Act (this chapter), including Section 141
thereof (section 2171 of this title), and in addition to the functions
and responsibilities set forth in this Order, shall be responsible for
such other functions as the President may direct.
(b) (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.)
(c) The Special Representative (now Trade Representative) shall
prepare, for the President's transmission to Congress, the annual report
on the trade agreements program required by Section 163(a) of the Act
(section 2213(a) of this title). At the request of the Special
Representative (now Trade Representative), other agencies shall assist
in the preparation of that report.
(d) The Special Representative (now Trade Representative), except
where expressly otherwise provided or prohibited by statute, Executive
order, or instructions of the President, shall be responsible for the
proper administration of the trade agreements program, and may, as he
deems necessary, assign to the head of any Executive agency or body the
performance of his duties which are incidental to the administration of
the trade agreements program.
(e) The Special Representative (now Trade Representative) shall
consult with the Trade Policy Committee in connection with the
performance of his functions, including those established or delegated
by this Order and shall, as appropriate, consult with other Federal
agencies or bodies. With respect to the performance of his functions
under Title IV of the Act (section 2431 et seq. of this title),
including those established or delegated by this Order, the Special
Representative (now Trade Representative) shall also consult with the
East-West Foreign Trade Board (abolished).
(f) The Special Representative (now Trade Representative) shall be
responsible for the preparation and submission of any Proclamation which
relates wholly or primarily to the trade agreements program. Any such
Proclamation shall be subject to all the provisions of Executive Order
No. 11030, as amended (set out as a note under section 1505 of Title
44, Public Printing and Documents) except that such Proclamation need
not be submitted to the Director of the Office of Management and Budget.
(g) The Secretary of State shall advise the Special Representative
(now Trade Representative), and the Committee, on the foreign policy
implications of any action under the trade agreements program. The
Special Representative (now Trade Representative) shall invite
appropriate departments to participate in trade negotiations of
particular interest to such departments, and the Department of State
shall participate in trade negotiations which have a direct and
significant impact on foreign policy.
Sec. 3. The Trade Policy Committee.
(a) (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.)
(b) The Committee shall have the functions conferred by the Trade
Expansion Act of 1962, as amended (section 1801 et seq. of this title),
upon the inter-agency organization referred to in Section 242 thereof,
as amended (section 1872 of this title), the functions delegated to it
by the provisions of this Order, and such other functions as the
President may from time to time direct. Recommendations and advice of
the Committee shall be submitted to the President by the Chairman.
(c) The Special Representative (now Trade Representative) or any
other officer who is chief representative of the United States in a
negotiation in connection with the trade agreements program shall keep
the Committee informed with respect to the status and conduct of
negotiations and shall consult with the Committee regarding the basic
policy issues arising in the course of negotiations.
(d) Before making recommendations to the President under Section
242(b)(2) of the Trade Expansion Act of 1962, as amended (section
1872(b)(2) of this title), the Committee shall, through the Special
Representative (now Trade Representative), request the advice of the
Adjustment Assistance Coordinating Committee, established by Section 281
of the Act (section 2392 of this title).
(e), (f) (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.)
(g) The Trade Expansion Act Advisory Committee established by Section
4 of Executive Order No. 11075 of January 15, 1963, is abolished and
all of its records are transferred to the Trade Policy Committee.
Sec. 4. Trade Negotiations Under Title I of the Act.
(a) The functions of the President under Section 102 of the Act
(section 2112 of this title) concerning notice to, and consultation
with, Congress, in connection with agreements on nontariff barriers to,
and other distortions of, trade, are hereby delegated to the Special
Representative (now Trade Representative).
(b) The Special Representative (now Trade Representative), after
consultation with the Committee, shall prepare, for the President's
transmission to Congress, all proposed legislation and other documents
necessary or appropriate for the implementation of, or otherwise
required in connection with, trade agreements; provided, however, that
where implementation of an agreement on nontariff barriers to, and other
distortions of, trade requires a change in a domestic law, the
department or agency having the primary interest in the administration
of such domestic law shall prepare and transmit to the Special
Representative (now Trade Representative) the proposed legislation
necessary or appropriate for such implementation.
(c) The functions of the President under Section 131(a) of the Act
(section 2151(a) of this title), with respect to publishing and
furnishing to the International Trade Commission lists of articles, are
delegated to the Special Representative (now Trade Representative). The
functions of the President under Section 131(c) of the Act (section
2151(c) of this title) with respect to advice of the International Trade
Commission and under Section 132 of the Act (section 2152 of this title)
with respect to advice of the departments of the Federal Government and
other sources, are delegated to the Special Representative (now Trade
Representative). The functions of the President under Section 133 of
the Act (section 2153 of this title) with respect to public hearings in
connection with certain trade negotiations are delegated to the Special
Representative (now Trade Representative), who shall designate an
interagency committee to hold and conduct any such hearings.
(d) The functions of the President under Section 135 of the Act
(section 2155 of this title) with respect to advisory committees and,
notwithstanding the provisions of any other Executive order, the
functions of the President under the Federal Advisory Committee Act (86
Stat. 770, 5 U.S.C. App.), except that of reporting annually to
Congress, which are applicable to advisory committees under the Act
(this chapter) are delegated to the Special Representative (now Trade
Representative). In establishing and organizing general policy advisory
committees or sector advisory committees under Section 135(c) of the Act
(section 2155(c) of this title), the Special Representative (now Trade
Representative) shall act through the Secretaries of Commerce, Labor and
Agriculture, as appropriate.
(e) The functions of the President with respect to determining ad
valorem amounts and equivalents pursuant to Sections 601(3) and (4) of
the Act (section 2481(3) and (4) of this title) are hereby delegated to
the Special Representative (now Trade Representative). The
International Trade Commission is requested to advise the Special
Representative (now Trade Representative) with respect to determining
such ad valorem amounts and equivalents. The Special Representative
(now Trade Representative) shall seek the advice of the Commission and
consult with the Committee with respect to the determination of such ad
valorem amounts and equivalents.
(f) Advice of the International Trade Commission under Section 131 of
the Act (section 2151 of this title), and other advice or reports by the
International Trade Commission to the President or the Special
Representative (now Trade Representative), the release or disclosure of
which is not specifically authorized or required by law, shall not be
released or disclosed in any manner or to any extent not specifically
authorized by the President or by the Special Representative (now Trade
Representative).
(g) All reports, findings, advice, determinations, hearing
transcripts, briefs, and information which, under the terms of the Act
(this chapter), the International Trade Commission is required to
furnish to the President shall be transmitted to the President through
the Special Representative (now Trade Representative).
Sec. 5. Import Relief and Market Disruption.
(a) The Special Representative (now Trade Representative) is
authorized to request from the International Trade Commission the
information specified in Sections 202(d) and 203(i)(1) and (2) of the
Act (sections 2252(d) and 2253(i)(1) and (2) of this title).
(b) The Secretary of the Treasury, in consultation with the Secretary
of Commerce or the Secretary of Agriculture, as appropriate, is
authorized to issue, under Section 203(g) of the Act (section 2253(g) of
this title), regulations governing the administration of any
quantitative restrictions proclaimed in order to provide import relief
and is authorized to issue, under Section 203(g) of the Act or 352(b) of
the Trade Expansion Act of 1962 (section 1982(b) of this title),
regulations governing the entry, or withdrawal from warehouses for
consumption, of articles pursuant to any orderly marketing agreement.
(c) The Secretary of Commerce shall exercise primary responsibility
for monitoring imports under any orderly marketing agreement.
Sec. 6. (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.)
Sec. 7. East-West Foreign Trade Board (abolished).
(a) In accordance with Section 411 of the Act (section 2441 of this
title), there is hereby established the East-West Foreign Trade Board
(abolished), hereinafter referred to as the Board. The Board shall be
composed of the following members and such additional members of the
Executive branch as the President may designate:
(1) The Secretary of State.
(2) The Secretary of the Treasury.
(3) The Secretary of Defense.
(4) The Secretary of Agriculture.
(5) The Secretary of Commerce.
(6) The Special Representative for Trade Negotiations (now United
States Trade Representative).
(7) The Director of the Office of Management and Budget.
(8) The Chairman of the Council of Economic Advisers.
(9) The President of the Export-Import Bank of the United States.
(10) (Deleted by Ex. Ord. No. 12102.)
The President shall designate the Chairman and the Deputy Chairman of
the Board. The President may designate an Executive Secretary, who
shall be Chairman of a working group which will include membership from
the agencies represented on the Board.
(b) The Board shall perform such functions as are required by Section
411 of the Act (section 2441 of this title) and such other functions as
the President may direct.
(c) The Board is authorized to promulgate such rules and regulations
as are necessary or appropriate to carry out its responsibilities under
the Act (this chapter) and this Order.
(d) The Secretary of State shall advise the President with respect to
determinations required to be made in connection with Sections 402 and
409 of the Act (dealing with freedom of emigration) (sections 2432 and
2439 of this title) and Section 403 (dealing with United States
personnel missing in action in Southeast Asia) (section 2433 of this
title), and shall prepare, for the President's transmission to Congress,
the reports and other documents required by Sections 402 and 409 of the
Act.
(e) The President's Committee on East-West Trade Policy, established
by Executive Order No. 11789 of June 25, 1974, as amended by Section
6(d) of Executive Order No. 11808 of September 30, 1974, is abolished
and all of its records are transferred to the Board.
Sec. 8. Generalized System of Preferences.
(a) The Special Representative (now Trade Representative), in
consultation with the Secretary of State, shall be responsible for the
administration of the generalized system of preferences under Title V of
the Act (section 2461 et seq. of this title).
(b) The Committee, through the Special Representative (now Trade
Representative), shall advise the President as to which countries should
be designated as beneficiary developing countries, and as to which
articles should be designated as eligible articles for the purposes of
the system of generalized preferences.
(c) The Committee, through the Special Representative (now Trade
Representative), shall perform the functions of the President specified
in Section 503(a) of the Act (section 2463(a) of this title), with
respect to publishing and furnishing to the International Trade
Commission lists of articles that may be considered for designation as
eligible articles for purposes of the Generalized System of Preferences.
(d) The Committee, through the Special Representative (now Trade
Representative), to the extent necessary to determine the applicability
of the provisions of Section 504(d) of the Act (section 2464(d) of this
title) to any eligible article, shall perform the functions of the
President under Section 332(g) of the Tariff Act of 1930, as amended
(section 1332(g) of this title), with respect to requests for
investigations by, and reports from, the International Trade Commission.
Sec. 9. Prior Executive Orders.
(a) Executive Order No. 11789 of June 25, 1974, and Section 6(d) of
Executive Order No. 11808 of September 30, 1974, relating to the
President's Committee on East-West Trade Policy are hereby revoked.
(b)(1) Sections 5(b), 7, and 8 of Executive Order No. 11075 of
January 15, 1963, are hereby revoked effective April 3, 1975; (2) the
remainder of Executive Order No. 11075, and Executive Order No. 11106
of April 18, 1963 and Executive Order No. 11113 of June 13, 1963, are
hereby revoked.
Gerald R. Ford.
/1/ Not printed in the Federal Register. The text of the Geneva
(1979) Protocol to the General Agreement in part 1 of Annex I has been
printed by the Contracting Parties to the General Agreement on Tariffs
and Trade in four volumes entitled Geneva (1979) Protocol to the General
Agreements on Tariffs and Trade. The Agreement with the Hungarian
People's Republic in part 6 of Annex I has been printed in House
Document 96-153, vol. 1, p. 703. The general provisions of all the
agreements in parts 1 to 6 of annex I, but not schedules of concessions
by other parties, will be printed in the Customs Bulletin. The texts of
all these agreements will be printed in Treaties and Other International
Acts Series, and in the bound volumes of United States Treaties and
Other International Agreements.
19 USC 2112. Barriers to and other distortions of trade
TITLE 19 -- CUSTOMS DUTIES
(a) Congressional findings; directives; disavowal of prior approval
of legislation
The Congress finds that barriers to (and other distortions of)
international trade are reducing the growth of foreign markets for the
products of United States agriculture, industry, mining, and commerce,
diminishing the intended mutual benefits of reciprocal trade
concessions, adversely affecting the United States economy, preventing
fair and equitable access to supplies, and preventing the development of
open and nondiscriminatory trade among nations. The President is urged
to take all appropriate and feasible steps within his power (including
the full exercise of the rights of the United States under international
agreements) to harmonize, reduce, or eliminate such barriers to (and
other distortions of) international trade. The President is further
urged to utilize the authority granted by subsection (b) of this section
to negotiate trade agreements with other countries and instrumentalities
providing on a basis of mutuality for the harmonization, reduction, or
elimination of such barriers to (and other distortions of) international
trade. Nothing in this subsection shall be construed as prior approval
of any legislation which may be necessary to implement an agreement
concerning barriers to (or other distortions of) international trade.
(b) Presidential determinations prerequisite to entry into trade
agreements; trade with Israel
(1) Whenever the President determines that any barriers to (or other
distortions of) international trade of any foreign country or the United
States unduly burden and restrict the foreign trade of the United States
or adversely affect the United States economy, or that the imposition of
such barriers is likely to result in such a burden, restriction, or
effect, and that the purposes of this chapter will be promoted thereby,
the President, during the 13-year period beginning on January 3, 1975,
may enter into trade agreements with foreign countries or
instrumentalities providing for the harmonization, reduction, or
elimination of such barriers (or other distortions) or providing for the
prohibition of or limitations on the imposition of such barriers (or
other distortions).
(2)(A) Trade agreements that provide for the elimination or reduction
of any duty imposed by the United States may be entered into under
paragraph (1) only with Israel.
(B) The negotiation of any trade agreement entered into under
paragraph (1) with Israel that provides for the elimination or reduction
of any duty imposed by the United States shall take fully into account
any product that benefits from a discriminatory preferential tariff
arrangement between Israel and a third country if the tariff preference
on such product has been the subject of a challenge by the United States
Government under the authority of section 2411 of this title and the
General Agreement on Tariffs and Trade.
(C) Notwithstanding any other provision of this section, the
requirements of subsections (c) and (e)(1) of this section shall not
apply to any trade agreement entered into under paragraph (1) with
Israel that provides for the elimination or reduction of any duty
imposed by the United States.
(3) Notwithstanding any other provision of law, no trade benefit
shall be extended to any country by reason of the extension of any trade
benefit to another country under a trade agreement entered into under
paragraph (1) with such other country that provides for the elimination
or reduction of any duty imposed by the United States.
(4)(A) Notwithstanding paragraph (2), a trade agreement that provides
for the elimination or reduction of any duty imposed by the United
States may be entered into under paragraph (1) with any country other
than Israel if --
(i) such country requested the negotiation of such an agreement, and
(ii) the President, at least 60 days prior to the date notice is
provided under subsection (e)(1) of this section --
(I) provides written notice of such negotiations to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives, and
(II) consults with such committees regarding the negotiation of such
agreement.
(B) The provisions of section 2191 of this title shall not apply to
an implementing bill (within the meaning of section 2191(b) of this
title if --
(i) such implementing bill contains a provision approving of any
trade agreement which --
(I) is entered into under this section with any country other than
Israel, and
(II) provides for the elimination or reduction of any duty imposed by
the United States, and
(ii) either --
(I) the requirements of subparagraph (A) were not met with respect to
the negotiation of such agreement, or
(II) the Committee on Finance of the Senate or the Committee on Ways
and Means of the House of Representatives disapproved of the negotiation
of such agreement before the close of the 60-day period which begins on
the date notice is provided under subparagraph (A)(ii)(I) with respect
to the negotiation of such agreement.
(C) The 60-day period described in subparagraphs (A)(ii) and
(B)(ii)(II) shall be computed without regard to --
(i) the days on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day certain or an
adjournment of the Congress sine die, and
(ii) any Saturday and Sunday, not excluded under clause (i), when
either House of Congress is not in session.
(c) Presidential consultation with Congress prior to entry into trade
agreements
Before the President enters into any trade agreement under this
section providing for the harmonization, reduction, or elimination of a
barrier to (or other distortion of) international trade, he shall
consult with the Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, and with each
committee of the House and the Senate and each joint committee of the
Congress which has jurisdiction over legislation involving subject
matters which would be affected by such trade agreement. Such
consultation shall include all matters relating to the implementation of
such trade agreement as provided in subsections (d) and (e) of this
section. If it is proposed to implement such trade agreement, together
with one or more other trade agreements entered into under this section,
in a single implementing bill, such consultation shall include the
desirability and feasibility of such proposed implementation.
(d) Submission to Congress of agreements, drafts of implementing
bills, and statements of proposed administrative action
Whenever the President enters into a trade agreement under this
section providing for the harmonization, reduction, or elimination of a
barrier to (or other distortion of) international trade, he shall submit
such agreement, together with a draft of an implementing bill (described
in section 2191(b) of this title) and a statement of any administrative
action proposed to implement such agreement, to the Congress as provided
in subsection (e) of this section, and such agreement shall enter into
force with respect to the United States only if the provisions of
subsection (e) of this section are complied with and the implementing
bill submitted by the President is enacted into law.
(e) Steps prerequisite to entry into force of trade agreements
Each trade agreement submitted to the Congress under this subsection
shall enter into force with respect to the United States if (and only
if) --
(1) the President, not less than 90 days before the day on which he
enters into such trade agreement, notifies the House of Representatives
and the Senate of his intention to enter into such an agreement, and
promptly thereafter publishes notice of such intention in the Federal
Register;
(2) after entering into the agreement, the President transmits a
document to the House of Representatives and to the Senate containing a
copy of the final legal text of such agreement together with --
(A) a draft of an implementing bill and a statement of any
administrative action proposed to implement such agreement, and an
explanation as to how the implementing bill and proposed administrative
action change or affect existing law, and
(B) a statement of his reasons as to how the agreement serves the
interests of United States commerce and as to why the implementing bill
and proposed administrative action is required or appropriate to carry
out the agreement; and
(3) the implementing bill is enacted into law.
(f) Obligations imposed upon foreign countries or instrumentalities
receiving benefits under trade agreements
To insure that a foreign country or instrumentality which receives
benefits under a trade agreement entered into under this section is
subject to the obligations imposed by such agreement, the President may
recommend to Congress in the implementing bill and statement of
administrative action submitted with respect to such agreement that the
benefits and obligations of such agreement apply solely to the parties
to such agreement, if such application is consistent with the terms of
such agreement. The President may also recommend with respect to any
such agreement that the benefits and obligations of such agreement not
apply uniformly to all parties to such agreement, if such application is
consistent with the terms of such agreement.
(g) Definitions
For purposes of this section --
(1) the term ''barrier'' includes --
(A) the American selling price basis of customs evaluation as defined
in section 1401a or 1402 of this title, as appropriate, and
(B) any duty or other import restriction;
(2) the term ''distortion'' includes a subsidy; and
(3) the term ''international trade'' includes --
(A) trade in both goods and services, and
(B) foreign direct investment by United States persons, especially if
such investment has implications for trade in goods and services.
(Pub. L. 93-618, title I, 102, Jan. 3, 1975, 88 Stat. 1982; Pub.
L. 96-39, title XI, 1101, 1106(c)(1), July 26, 1979, 93 Stat. 307,
311; Pub. L. 98-573, title III, 307(a), title IV, 401(a)-(c)(1), Oct.
30, 1984, 98 Stat. 3012, 3013-3015; Pub. L. 99-47, 8(b)(1), June 11,
1985, 99 Stat. 84; Pub. L. 99-514, title XVIII, 1887(a)(1), Oct. 22,
1986, 100 Stat. 2923.)
This chapter, referred to in subsec. (b)(1), was in the original
''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
Section 1402 of this title, referred to in subsec. (g)(1)(A), was
repealed by Pub. L. 96-39.
1986 -- Subsec. (b)(4)(B)(ii)(II). Pub. L. 99-514 substituted
''subparagraph'' for ''subsection''.
1985 -- Subsec. (b)(3). Pub. L. 99-47 inserted ''that provides for
the elimination or reduction of any duty imposed by the United States''
after ''such other country''.
1984 -- Subsec. (b). Pub. L. 98-573, 401(a), designated existing
provisions as par. (1) and added pars. (2) to (4).
Subsec. (g)(1). Pub. L. 98-573, 401(b), designated existing
provisions as subpar. (A) and added subpar. (B).
Subsec. (g)(3). Pub. L. 98-573, 307(a), designated existing
provisions as subpar. (A) and added subpar. (B).
1979 -- Subsec. (b). Pub. L. 96-39, 1101, substituted ''13-year
period'' for ''5-year period''.
Subsec. (e)(2). Pub. L. 96-39, 1106(c)(1), substituted ''copy of the
final legal text of such agreement'' for ''copy of such agreement''.
Amendment of subsec. (b) of this section by section 1101 of Pub. L.
96-39 effective July 26, 1979, see section 1114 of Pub. L. 96-39, set
out as an Effective Date note under section 2581 of this title.
Section 1106(c)(1) of Pub. L. 96-39 provided in part that the
amendment of subsec. (e)(2) of this section by section 1106(c)(1) of
Pub. L. 96-39 shall apply with respect to trade agreements submitted to
the Congress under this section after July 26, 1979.
Pub. L. 101-382, title I, 135(c), Aug. 20, 1990, 104 Stat. 652,
provided that: ''For purposes of section 404 of the United
States-Canada Free-Trade Agreement Implementation Act of 1988 (Pub. L.
100-449, set out in a note below), the amendments made by subsection (b)
(amending section 1677f of this title) also apply with respect to
investigations under title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.) involving products of Canadian origin.''
Pub. L. 100-449, Sept. 28, 1988, 102 Stat. 1851, as amended by Pub.
L. 101-207, 1(b), Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101-382,
title I, 103(b), 134(b), Aug. 20, 1990, 104 Stat. 635, 651, provided
that:
''SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
''(a) Short Title. -- This Act (enacting section 1584 of Title 28,
Judiciary and Judicial Procedure, amending sections 58c, 81c, 1305,
1306, 1311, 1312, 1313, 1502, 1508, 1514, 1516a, 1562, 1677, 1677f, and
2518 of this title, sections 150bb, 150cc, 154, 156, 624, 1582, and 2803
of Title 7, Agriculture, section 1184 of Title 8, Aliens and
Nationality, section 24 of Title 12, Banks and Banking, section 152 of
Title 21, Food and Drugs, sections 1581, 2201, and 2643 of Title 28,
section 2201 of Title 42, The Public Health and Welfare, section 2406 of
the Appendix to Title 50, War and National Defense, enacting provisions
set out as notes below, and amending provisions set out as a note under
section 2253 of this title) may be cited as the 'United States-Canada
Free-Trade Agreement Implementation Act of 1988'.
''(b) Table of Contents. -- (Omitted.)
''SEC. 2. PURPOSES.
''The purposes of this Act are --
''(1) to approve and implement the Free-Trade Agreement between the
United States and Canada negotiated under the authority of section 102
of the Trade Act of 1974 (19 U.S.C. 2112);
''(2) to strengthen and develop economic relations between the United
States and Canada for their mutual benefit;
''(3) to establish a free-trade area between the two nations through
the reduction and elimination of barriers to trade in goods and services
and to investment; and
''(4) to lay the foundation for further cooperation to expand and
enhance the benefits of such Agreement.
''SEC. 101. APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT.
''(a) Approval of Agreement and Statement of Administrative Action.
-- Pursuant to sections 102 and 151 of the Trade Act of 1974 (19 U.S.C.
2112 and 2191), the Congress approves --
''(1) the United States-Canada Free-Trade Agreement (hereinafter in
this Act referred to as the 'Agreement') entered into on January 2,
1988, and submitted to the Congress on July 25, 1988;
''(2) the letters exchanged between the Governments of the United
States and Canada --
''(A) dated January 2, 1988, relating to negotiations regarding
articles 301 (Rules of Origin) and 401 (Tariff Elimination) of the
Agreement, and
''(B) dated January 2, 1988, relating to negotiations regarding
article 2008 (Plywood Standards) of the Agreement; and
''(3) the statement of administrative action proposed to implement
the Agreement that was submitted to the Congress on July 25, 1988.
''(b) Conditions for Entry Into Force of the Agreement. -- At such
time as the President determines that Canada has taken measures
necessary to comply with the obligations of the Agreement, the President
is authorized to exchange notes with the Government of Canada providing
for the entry into force, on or after January 1, 1989, of the Agreement
with respect to the United States.
''(c) Report on Canadian Practices. -- Within 60 days after the date
of the enactment of this Act (Sept. 28, 1988) (but not later than
December 15, 1988), the United States Trade Representative shall submit
to the Congress a report identifying, to the maximum extent practicable,
major current Canadian practices (and the legal authority for such
practices) that, in the opinion of the United States Trade
Representative --
''(1) are not in conformity with the Agreement; and
''(2) require a change of Canadian law, regulation, policy, or
practice to enable Canada to conform with its international obligations
under the Agreement.
''SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.
''(a) United States Laws To Prevail in Conflict. -- No provision of
the Agreement, nor the application of any such provision to any person
or circumstance, which is in conflict with any law of the United States
shall have effect.
''(b) Relationship of Agreement to State and Local Law. --
''(1) The provisions of the Agreement prevail over --
''(A) any conflicting State law; and
''(B) any conflicting application of any State law to any person or
circumstance;
to the extent of the conflict.
''(2) Upon the enactment of this Act, the President shall, in
accordance with section 306(c)(2)(A) of the Trade and Tariff Act of 1984
(19 U.S.C. 2114c), initiate consultations with the State governments on
the implementation of the obligations of the United States under the
Agreement. Such consultations shall be held --
''(A) through the intergovernmental policy advisory committees on
trade established under such section for the purpose of achieving
conformity of State laws and practices with the Agreement; and
''(B) with the individual States as necessary to deal with particular
questions that may arise.
''(3) The United States may bring an action challenging any provision
of State law, or the application thereof to any person or circumstance,
on the ground that the provision or application is inconsistent with the
Agreement.
''(4) For purposes of this subsection, the term 'State law' includes
--
''(A) any law of a political subdivision of a State; and
''(B) any State law regulating or taxing the business of insurance.
''(c) Effect of Agreement With Respect to Private Remedies. -- No
person other than the United States shall --
''(1) have any cause of action or defense under the Agreement or by
virtue of congressional approval thereof, or
''(2) challenge, in any action brought under any provision of law,
any action or inaction by any department, agency, or other
instrumentality of the United States, any State, or any political
subdivision of a State on the ground that such action or inaction is
inconsistent with the Agreement.
''(d) Initial Implementing Regulations. -- Initial regulations
necessary or appropriate to carry out the actions proposed in the
statement of administrative action submitted under section 101(a)(3) to
implement the Agreement shall, to the maximum extent feasible, be issued
within 1 year after the date of entry into force of the Agreement (Jan.
1, 1989). In the case of any implementing action that takes effect
after the date of entry into force of the Agreement, initial regulations
to carry out that action shall, to the maximum extent feasible, be
issued within 1 year after such effective date.
''(e) Changes in Statutes To Implement a Requirement, Amendment, or
Recommendation. -- The provisions of section 3(c) of the Trade
Agreements Act of 1979 (19 U.S.C. 2504(c)) shall apply as if the
Agreement were an agreement approved under section 2(a) of that Act (19
U.S.C. 2503(a)) whenever the President determines that it is necessary
or appropriate to amend, repeal, or enact a statute of the United States
in order to implement any requirement of, amendment to, or
recommendation, finding or opinion under, the Agreement; but such
provisions shall not apply to any bill to implement any such
requirement, amendment, recommendation, finding, or opinion that is
submitted to the Congress after the close of the 30th month after the
month in which the Agreement enters into force (January 1989).
''SEC. 103. CONSULTATION AND LAY-OVER REQUIREMENTS FOR, AND EFFECTIVE
DATE OF, PROCLAIMED ACTIONS.
''(a) Consultation and Lay-Over Requirements. -- If a provision of
this Act provides that the implementation of an action by the President
by proclamation is subject to the consultation and lay-over requirements
of this section, such action may be proclaimed only if --
''(1) the President has obtained advice regarding the proposed action
from --
''(A) the appropriate advisory committees established under section
135 of the Trade Act of 1974 (19 U.S.C. 2155), and
''(B) the United States International Trade Commission;
''(2) the President has submitted a report to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate that sets forth --
''(A) the action proposed to be proclaimed and the reasons therefor,
and
''(B) the advice obtained under paragraph (1);
''(3) a period of at least 60 calendar days that begins on the first
day on which the President has met the requirements of paragraphs (1)
and (2) with respect to such action has expired; and
''(4) the President has consulted with such Committees regarding the
proposed action during the period referred to in paragraph (3).
''(b) Effective Date of Certain Proclaimed Actions. -- No action
proclaimed by the President under the authority of this Act, if such
action is not subject to the consultation and lay-over requirements
under subsection (a), may take effect before the 15th day after the date
on which the text of the proclamation is published in the Federal
Register.
''SEC. 104. HARMONIZED SYSTEM.
''(a) Definition. -- As used in this Act, the term 'Harmonized
System' means the nomenclature system established under the
International Convention on the Harmonized Commodity Description and
Coding System (done at Brussels on June 14, 1983, and the protocol
thereto, done at Brussels on June 24, 1986) as implemented under United
States law.
''(b) Interim Application of TSUS. -- The following apply if the
International Convention, and the protocol thereto, referred to in
subsection (a) are not implemented under United States law before the
Agreement enters into force:
''(1) The President, subject to subsection (c), shall proclaim such
modifications to the Tariff Schedules of the United States (19 U.S.C.
1202) as may be necessary to give effect, until such time as such
Convention and protocol are so implemented, to the rules of origin,
schedule of rate reductions, and other provisions that would, but for
the absence of such implementation, be proclaimed under the authority of
this Act to, or in terms of, the Harmonized System to implement the
obligations of the United States under the Agreement.
''(2) Until such time as such Convention and protocol are so
implemented, any reference in this Act to the nomenclature of such
Convention and protocol shall be treated as a reference to the
corresponding nomenclature of the Tariff Schedules of the United States
as modified under paragraph (1).
''(c) Restrictions. --
''(1) No modification described in subsection (b)(1) that is to take
effect concurrently with the entry into force of the Agreement may be
proclaimed unless the text of the modification is published in the
Federal Register at least 30 days before the date of entry into force
(Jan. 1, 1989).
''(2) All modifications proclaimed under the authority of subsection
(b)(1) after the Agreement enters into force with respect to the United
States are subject to the consultation and lay-over requirements of
section 103(a).
''SEC. 105. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO FORCE.
''Subject to section 103 or 104(c), as appropriate, and any other
applicable restriction or limitation in this Act on the proclaiming of
actions or the issuing of regulations to carry out this Act or any
amendment made by this Act, after the date of the enactment of this Act
(Sept. 28, 1988) --
''(1) the President may proclaim such actions; and
''(2) other appropriate officers of the United States Government may
issue such regulations;
as may be necessary to ensure that any provision of this Act, or
amendment made by this Act, that takes effect on the date the Agreement
enters into force (Jan. 1, 1989) is appropriately implemented on such
date, but no such proclamation or regulation may have an effective date
earlier than the date of entry into force.
''SEC. 201. TARIFF MODIFICATIONS.
''(a) Tariff Modifications Specified in the Agreement. -- The
President may proclaim --
''(1) such modifications or continuance of any existing duty;
''(2) such continuance of existing duty-free or excise treatment; or
''(3) such additional duties;
as the President determines to be necessary or appropriate to carry
out article 401 of the Agreement and the schedule of duty reductions
with respect to Canada set forth in Annexes 401.2 and 401.7 to the
Agreement, as approved under section 101(a)(1). For purposes of
proclaiming necessary modifications under such Annex 401.2, any article
covered under subheading 9813.00.05 (contained in the United States
Schedule in such Annex) shall, unless such article is a drawback
eligible good under section 204(a), be treated as being subject to any
otherwise applicable customs duty if the article, or merchandise
incorporating such article, is exported to Canada.
''(b) Other Tariff Modifications. -- Subject to the consultation and
lay-over requirements of section 103(a), the President may proclaim --
''(1) such modifications as the United States and Canada may agree to
regarding the staging of any duty treatment set forth in Annexes 401.2
and 401.7 of the Agreement;
''(2) such modifications or continuance of any existing duty;
''(3) such continuance of existing duty-free or excise treatment; or
''(4) such additional duties;
as the President determines to be necessary or appropriate to
maintain the general level of reciprocal and mutually advantageous
concessions with respect to Canada provided for by the Agreement.
''(c) Modifications Affecting Plywood. --
''(1) The Congress encourages the President to facilitate the
preparation, and the implementation with Canada, of common performance
standards for the use of softwood plywood and other structural panels in
construction applications in the United States and Canada.
''(2) The President shall report to the Congress on the incorporation
of common plywood performance standards into building codes in the
United States and Canada and may implement the provisions of article
2008 of the Agreement when he determines that the necessary conditions
have been met.
''(3) Any tariff reduction undertaken pursuant to paragraph (2) shall
be in equal annual increments ending January 1, 1998, unless those
reductions commence after January 1, 1991.
''SEC. 202. RULES OF ORIGIN.
''(a) In General. --
''(1) For purposes of implementing the tariff treatment contemplated
under the Agreement, goods originate in the territory of a Party if --
''(A) they are wholly obtained or produced in the territory of either
Party or both Parties; or
''(B) they --
''(i) have been transformed in the territory of either Party or both
Parties so as to be subject to a change in tariff classification as
described in the Annex rules or to such other requirements as the Annex
rules may provide when no change in tariff classifications occurs, and
''(ii) meet the other conditions set out in the Annex.
''(2) A good shall not be considered to originate in the territory of
a party (Party) under paragraph (1)(B) merely by virtue of having
undergone --
''(A) simple packaging or, except as expressly provided by the Annex
rules, combining operations;
''(B) mere dilution with water or another substance that does not
materially alter the characteristics of the good; or
''(C) any process or work in respect of which it is established, or
in respect of which the facts as ascertained clearly justify the
presumption, that the sole object was to circumvent the provisions of
chapter 3 of the Agreement.
''(3) Accessories, spare parts, or tools delivered with any piece of
equipment, machinery, apparatus, or vehicle that form part of its
standard equipment shall be treated as having the same origin as that
equipment, machinery, apparatus, or vehicle if the quantities and values
of such accessories, spare parts, or tools are customary for the
equipment, machinery, apparatus, or vehicle.
''(b) Transshipment. -- Goods exported from the territory of one
Party originate in the territory of that Party only if --
''(1) the goods meet the applicable requirements of subsection (a)
and are shipped to the territory of the other Party without having
entered the commerce of any third country;
''(2) the goods, if shipped through the territory of a third country,
do not undergo any operation other than unloading, reloading, or any
operation necessary to transport them to the territory of the other
Party or to preserve them in good condition; and
''(3) the documents related to the exportation and shipment of the
goods from the territory of a Party show the territory of the other
Party as their final destination.
''(c) Interpretation. -- In interpreting this section, the following
apply:
''(1) Whenever the processing or assembly of goods in the territory
of either Party or both Parties results in one of the changes in tariff
classification described in the Annex rules, such goods shall be
considered to have been transformed in the territory of that Party and
shall be treated as goods originating in the territory of that Party if
--
''(A) such processing or assembly occurs entirely within the
territory of either Party or both Parties; and
''(B) such goods have not subsequently undergone any processing or
assembly outside the territories of the Parties that improves the goods
in condition or advances them in value.
''(2) Whenever the assembly of goods in the territory of a Party
fails to result in a change of tariff classification because either --
''(A) the goods were imported into the territory of the Party in an
unassembled or a disassembled form and were classified as unassembled or
disassembled goods pursuant to General Rule of Interpretation 2(a) of
the Harmonized System; or
''(B) the tariff subheading for the goods provides for both the goods
themselves and their parts;
such goods shall not be treated as goods originating in the territory
of a Party.
''(3) Notwithstanding paragraph (2), goods described in that
paragraph shall be considered to have been transformed in the territory
of a Party and be treated as goods originating in the territory of the
Party if --
''(A) the value of materials originating in the territory of either
Party or both Parties used or consumed in the production of the goods
plus the direct cost of assembling the goods in the territory of either
Party or both Parties constitute not less than 50 percent of the value
of the goods when exported to the territory of the other Party; and
''(B) the goods have not subsequent to assembly undergone processing
or further assembly in a third country and they meet the requirements of
subsection (b).
''(4) The provisions of paragraph (3) shall not apply to goods of
chapters 61-63 of the Harmonized System.
''(5) In making the determination required by paragraph (3)(A) and in
making the same or a similar determination when required by the Annex
rules, where materials originating in the territory of either Party or
both Parties and materials obtained or produced in a third country are
used or consumed together in the production of goods in the territory of
a Party, the value of materials originating in the territory of either
Party or both Parties may be treated as such only to the extent that it
is directly attributable to the goods under consideration.
''(6) In applying the Annex rules, a specific rule shall take
precedence over a more general rule.
''(d) Annex Rules. --
''(1) The President is authorized to proclaim, as a part of the
Harmonized System, the rules set forth under the heading 'Rules' in
Annex 301.2 of the Agreement. For purposes of carrying out this
paragraph --
''(A) the phrase 'headings 2207-2209' in paragraph 7 of section IV of
such Annex 301.2 shall be treated as a reference to headings 2203-2209;
and
''(B) the phrase 'any other heading' in paragraph 11 of section XV in
such Annex 301.2 shall be treated as a reference to any other heading of
chapter 74 of the Harmonized System.
''(2) Subject to the consultation and lay-over requirements of
section 103, the President is authorized to proclaim such modifications
to the rules as may from time-to-time be agreed to by the United States
and Canada.
''(e) Automotive Products. --
''(1) The President is authorized to proclaim such modifications to
the definition of Canadian articles (relating to the administration of
the Automotive Products Trade Act of 1965 (19 U.S.C. 2001 et seq.)) in
the general notes of the Harmonized System as may be necessary to
conform that definition with chapter 3 of the Agreement.
''(2) For purposes of administering the value requirement (as defined
in section 304(c)(3)) with respect to vehicles, the Secretary of the
Treasury shall prescribe regulations governing the averaging of the
value content of vehicles of the same class, or of sister vehicles,
assembled in the same plant as an alternative to the calculation of the
value content of each vehicle.
''(f) Definitions. -- For purposes of this section:
''(1) The term 'Annex' means --
''(A) the interpretative guidelines set forth in subsection (c); and
''(B) the Annex rules.
''(2) The term 'Annex rules' means the rules proclaimed under
subsection (d).
''(3) The term 'direct cost of processing or direct cost of
assembling' means the costs directly incurred in, or that can reasonably
be allocated to, the production of goods, including --
''(A) the cost of all labor, including benefits and on-the-job
training, labor provided in connection with supervision, quality
control, shipping, receiving, storage, packaging, management at the
location of the process or assembly, and other like labor, whether
provided by employees or independent contractors;
''(B) the cost of inspecting and testing the goods;
''(C) the cost of energy, fuel, dies, molds, tooling, and the
depreciation and maintenance of machinery and equipment, without regard
to whether they originate within the territory of a Party;
''(D) development, design, and engineering costs;
''(E) rent, mortgage interest, depreciation on buildings, property
insurance premiums, maintenance, taxes and the cost of utilities for
real property used in the production of goods; and
''(F) royalty, licensing, or other like payments for the right to the
goods;
but not including --
''(i) costs relating to the general expense of doing business, such
as the cost of providing executive, financial, sales, advertising,
marketing, accounting and legal services, and insurance;
''(ii) brokerage charges relating to the importation and exportation
of goods;
''(iii) the costs for telephone, mail, and other means of
communication;
''(iv) packing costs for exporting the goods;
''(v) royalty payments related to a licensing agreement to distribute
or sell the goods;
''(vi) rent, mortgage interest, depreciation on buildings, property
insurance premiums, maintenance, taxes, and the cost of utilities for
real property used by personnel charged with administrative functions;
or
''(vii) profit on the goods.
''(4) The term 'goods wholly obtained or produced in the territory of
either Party or both Parties' means --
''(A) mineral goods extracted in the territory of either Party or
both Parties;
''(B) goods harvested in the territory of either Party or both
Parties;
''(C) live animals born and raised in the territory of either Party
or both Parties;
''(D) goods (fish, shellfish, and other marine life) taken from the
sea by vessels registered or recorded with a Party and flying its flag;
''(E) goods produced on board factory ships from the goods referred
to in subparagraph (D) provided such factory ships are registered or
recorded with that Party and fly its flag;
''(F) goods taken by a Party or a person of a Party from the seabed
or beneath the seabed outside territorial waters, provided that Party
has rights to exploit such seabed;
''(G) goods taken from space, provided they are obtained by a Party
or a person of a Party and not processed in a third country;
''(H) waste and scrap derived from manufacturing operations and used
goods, provided they were collected in the territory of either Party or
both Parties and are fit only for the recovery of raw materials; and
''(I) goods produced in the territory of either Party or both Parties
exclusively from goods referred to in subparagraphs (A) to (H) inclusive
or from their derivatives, at any stage of production.
''(5) The term 'materials' means goods, other than those included as
part of the direct cost of processing or assembling, used or consumed in
the production of other goods.
''(6) The term 'Party' means Canada or the United States.
''(7) The term 'territory' means --
''(A) with respect to Canada, the territory to which its customs laws
apply, including any areas beyond the territorial seas of Canada within
which, in accordance with international law and its domestic laws,
Canada may exercise rights with respect to the seabed and subsoil and
their natural resources; and
''(B) with respect to the United States --
''(i) the customs territory of the United States, which includes the
fifty States, the District of Columbia and the Commonwealth of Puerto
Rico,
''(ii) the foreign trade zones located in the United States, and the
Commonwealth of Puerto Rico, and
''(iii) any area beyond the territorial seas of the United States
within which, in accordance with international law and its domestic
laws, the United States may exercise rights with respect to the seabed
and subsoil and their natural resources.
''(8) The term 'third country' means any country other than Canada or
the United States or any territory not a part of the territory of
either.
''(9) The term 'value of materials originating in the territory of
either Party or both Parties' means the aggregate of --
''(A) the price paid by the producer of an exported good for
materials originating in the territory of either Party or both Parties
or for materials imported from a third country used or consumed in the
production of such originating materials; and
''(B) when not included in that price, the following costs related
thereto --
''(i) freight, insurance, packing, and all other costs incurred in
transporting any of the materials referred to in subparagraph (A) to the
location of the producer;
''(ii) duties, taxes, and brokerage fees on such materials paid in
the territory of either Party or both Parties;
''(iii) the cost of waste or spoilage resulting from the use or
consumption of such materials, less the value of renewable scrap or
byproduct; and
''(iv) the value of goods and services relating to such materials
determined in accordance with subparagraph 1(b) of article 8 of the
Agreement on Implementation of article VII of the General Agreement on
Tariffs and Trade.
''(10) The term 'value of the goods when exported to the territory of
the other Party' means the aggregate of --
''(A) the price paid by the producer for all materials, whether or
not the materials originate in either Party or both Parties, and, when
not included in the price paid for the materials, the costs related to
--
''(i) freight, insurance, packing, and all other costs incurred in
transporting all materials to the location of the producer;
''(ii) duties, taxes, and brokerage fees on all materials paid in the
territory of either Party or both Parties;
''(iii) the cost of waste or spoilage resulting from the use or
consumption of such materials, less the value of renewable scrap or
byproduct; and
''(iv) the value of goods and services relating to all materials
determined in accordance with subparagraph 1(b) of article 8 of the
Agreement on Implementation of article VII of the General Agreement on
Tariffs and Trade; and
''(B) the direct cost of processing or the direct cost of assembling
the goods.
''(g) Special Provision Regarding Application of Rules of Origin to
Certain Apparel. -- The Secretary of Commerce is authorized to issue
regulations governing the exportation to Canada of apparel products that
are cut, or knit to shape, and sewn, or otherwise assembled, in either
Party from fabric produced or obtained in a third country for the
purpose of establishing which exports of such products shall be
permitted to claim preferential tariff treatment under the rules of
origin of the Agreement, to the extent that the Agreement provides for
quantitative limits on the availability of preferential tariff treatment
for such products.
''SEC. 203. CUSTOMS USER FEES.
(Amended section 58c of this title.)
''SEC. 204. DRAWBACK.
''(a) Definition. -- For purposes of this section, the term 'drawback
eligible goods' means --
''(1) goods provided for under paragraph 8 of article 404 of the
Agreement;
''(2) goods provided for under paragraphs 4 and 5 of such article;
and
''(3) goods other than those referred to in paragraphs (1) and (2)
that the United States and Canada agree are not subject to paragraphs 1,
2, and 3 of such article.
No drawback may be paid with respect to countervailing duties or
antidumping duties imposed on drawback eligible goods.
''(b) Implementation of Article 404. -- The President is authorized
--
''(1) to proclaim the identity, in accordance with the nomenclature
of the Harmonized System, of goods referred to in subsection (a)(1);
and
''(2) subject to the consultation and lay-over requirements of
section 103(a), to proclaim --
''(A) the identity, in accordance with the nomenclature of the
Harmonized System, of goods referred to in subsection (a)(3); and
''(B) a delay in the taking effect of article 404 of the Agreement to
a date later than January 1, 1994, with respect to any merchandise if
the United States and Canada agree to the delay under paragraph 7 of
such article.
''(c) Consequential Amendments. --
''(1) Bonded manufacturing warehouses. -- (Amended section 1311 of
this title.)
''(2) Bonded smelting and refining warehouses. -- (Amended section
1312 of this title.)
''(3) Drawback. -- (Amended section 1313 of this title.)
''(4) Manipulation in warehouse. -- (Amended section 1562 of this
title.)
''(5) Foreign trade zones. -- (Amended section 81c of this title.)
''SEC. 205. ENFORCEMENT.
''(a) Certifications of Origin. --
''(1) Any person that certifies in writing that goods exported to
Canada meet the rules of origin under section 202 of the United
States-Canada Free-Trade Agreement Implementation Act of 1988 (section
202 of this note) shall provide, upon request by any customs official, a
copy of that certification.
''(2) Any person that fails to provide a copy of a certification
requested under paragraph (1) shall be liable to the United States for a
civil penalty not to exceed $10,000.
''(3) Any person that certifies falsely that goods exported to Canada
meet the rules of origin under such section 202 shall be liable to the
United States for the same civil penalties provided under section 592 of
the Tariff Act of 1930 (19 U.S.C. 1592) for a violation of section
592(a) of such Act by fraud, gross negligence, or negligence, as the
case may be. The procedures and provisions of section 592 of such Act
that are applicable to a violation under section 592(a) of such Act
shall apply with respect to such false certification.
''(b) Housekeeping Requirements. -- (Amended section 1508 of this
title.)
''SEC. 206. EXEMPTION FROM LOTTERY TICKET EMBARGO
(Amended section 1305 of this title.)
''SEC. 207. PRODUCTION-BASED DUTY REMISSION PROGRAMS WITH RESPECT TO
AUTOMOTIVE PRODUCTS.
''(a) USTR Study. -- The United States Trade Representative shall --
''(1) undertake a study to determine whether any of the
production-based duty remission programs of Canada with respect to
automotive products is either --
''(A) inconsistent with the provisions of, or otherwise denies the
benefits to the United States under, the General Agreement on Tariffs
and Trade, or
''(B) being implemented inconsistently with the obligations under
article 1002 of the Agreement not --
''(i) to expand the extent or the application, or
''(ii) to extend the duration,
of such programs; and
''(2) determine whether to initiate an investigation under section
302 of the Trade Act of 1974 (19 U.S.C. 2412) with respect to any of
such production-based duty remission programs.
''(b) Report and Monitoring. --
''(1) The United States Trade Representative shall submit a report to
Congress no later than June 30, 1989 (or no later than September 30,
1989, if the Trade Representative considers an extension to be
necessary) containing --
''(A) the results of the study under subsection (a)(1), as well as a
description of the basis used for measuring and verifying compliance
with the obligations referred to in subsection (a)(1)(B); and
''(B) any determination made under subsection (a)(2) and the reasons
therefor.
''(2) Notwithstanding the submission of the report under paragraph
(1), the Trade Representative shall continue to monitor the degree of
compliance with the obligations referred to in subsection (a)(1)(B).
''SEC. 301. AGRICULTURE.
''(a) Special Tariff Provisions for Fresh Fruits and Vegetables. --
''(1) The Secretary of Agriculture (hereafter in this section
referred to as the 'Secretary') may recommend to the President the
imposition of a temporary duty on any Canadian fresh fruit or vegetable
entered into the United States if the Secretary determines that both of
the following conditions exist at the time that imposition of the duty
is recommended:
''(A) For each of 5 consecutive working days the import price of the
Canadian fresh fruit or vegetable is below 90 percent of the
corresponding 5-year average monthly import price for such fruit or
vegetable.
''(B) The planted acreage in the United States for the like fresh
fruit or vegetable is no higher than the average planted acreage over
the preceding 5 years, excluding the years with the highest and lowest
acreage. For the purposes of applying this subparagraph, any acreage
increase attributed directly to a reduction in the acreage that was
planted to wine grapes as of October 4, 1987, shall be excluded.
Whenever the Secretary makes a determination that the conditions
referred to in subparagraphs (A) and (B) regarding any Canadian fresh
fruit or vegetable exist, the Secretary shall promptly submit for
publication in the Federal Register notice of the determination.
''(2) In determining whether to recommend the imposition of a
temporary duty to the President under paragraph (1), the Secretary shall
consider whether the conditions in subparagraphs (A) and (B) of such
paragraph have led to a distortion in trade between the United States
and Canada of the fresh fruit or vegetable and, if so, whether the
imposition of the duty is appropriate, including consideration of
whether it would significantly correct this distortion.
''(3) Not later than 7 days after receipt of a recommendation of the
Secretary under paragraph (1), the President, after taking into account
the national economic interests of the United States, shall determine
whether to impose a temporary duty on the Canadian fresh fruit or
vegetable concerned. If the determination is affirmative, the President
shall proclaim the imposition and the rate of the temporary duty, but
such duty shall not apply to the entry of articles that were in transit
to the United States on the first day on which the temporary duty is in
effect.
''(4) A temporary duty imposed under paragraph (3) shall cease to
apply with respect to articles that are entered on or after the earlier
of --
''(A) the day following the last of 5 consecutive working days with
respect to which the Secretary determines that the point of shipment
price in Canada for the Canadian fruit or vegetable concerned exceeds 90
percent of the corresponding 5-year average monthly import price; or
''(B) the 180th day after the date on which the temporary duty first
took effect.
''(5) No temporary duty may be imposed under this subsection on a
Canadian fresh fruit or vegetable during such time as import relief is
provided with respect to such fresh fruit or vegetable under chapter 1
of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.).
''(6) For purposes of this subsection:
''(A) The term 'Canadian fresh fruit or vegetable' means any article
originating in Canada (as determined in accordance with section 202) and
classified within any of the following headings of the Harmonized
System:
''(i) 07.01 (relating to potatoes, fresh or chilled);
''(ii) 07.02 (relating to tomatoes, fresh or chilled);
''(iii) 07.03 (relating to onions, shallots, garlic, leeks and other
alliaceous vegetables, fresh or chilled);
''(iv) 07.04 (relating to cabbages, cauliflowers, kohlrabi, kale and
similar edible brassicas, fresh or chilled);
''(v) 07.05 (relating to lettuce (lactuca sativa) and chicory
(cichorium spp.), fresh or chilled);
''(vi) 07.06 (relating to carrots, salad beets or beetroot, salsify,
celeriac, radishes and similar edible roots (excluding turnips), fresh
or chilled);
''(vii) 07.07 (relating to cucumbers and gherkins, fresh or chilled);
''(viii) 07.08 (relating to leguminous vegetables, shelled or
unshelled, fresh or chilled);
''(ix) 07.09 (relating to other vegetables (excluding truffles),
fresh or chilled);
''(x) 08.06.10 (relating to grapes, fresh);
''(xi) 08.08.20 (relating to pears and quinces, fresh);
''(xii) 08.09 (relating to apricots, cherries, peaches (including
nectarines), plums and sloes, fresh); and
''(xiii) 08.10 (relating to other fruit (excluding cranberries and
blueberries), fresh).
''(B) The term 'corresponding 5-year average monthly import price'
for a particular day means the average import price of a Canadian fresh
fruit or vegetable, for the calendar month in which that day occurs, for
that month in each of the preceding 5 years, excluding the years with
the highest and lowest monthly averages.
''(C) The term 'import price' has the meaning given such term in
article 711 of the Agreement.
''(D) The rate of a temporary duty imposed under this subsection with
respect to a Canadian fresh fruit or vegetable means a rate that,
including the rate of any other duty in effect for such fruit or
vegetable, does not exceed the lesser of --
''(i) the duty that was in effect for the fresh fruit or vegetable
before January 1, 1989, under column one of the Tariff Schedules of the
United States for the applicable season in which the temporary duty is
applied; or
''(ii) the duty in effect for the fresh fruit or vegetable under
column one of such Schedules, or column 1 (General) of the Harmonized
System, at the time the temporary duty is applied.
''(7)(A) The Secretary shall, to the extent practicable, administer
the provisions of this subsection to the 8-digit level of classification
under the Harmonized System.
''(B) The Secretary may issue such regulations as may be necessary to
implement the provisions of this subsection.
''(8) For purposes of assisting the Secretary in carrying out this
subsection, the Commissioner of Customs and the Director of the Bureau
of Census shall cooperate in providing the Secretary with timely
information and data relating to the importation of Canadian fresh
fruits and vegetables.
''(9) The authority to impose temporary duties under this subsection
expires on the 20th anniversary of the date on which the Agreement
enters into force.
''(b) Meat Import Act of 1979. -- (Amended section 2 of Pub. L.
88-482, set out as a note under section 2253 of this title.)
''(c) Agricultural Adjustment Act. -- (Amended section 624 of Title
7, Agriculture.)
''(d) Importation of Animal Vaccines. -- (Amended section 152 of
Title 21, Food and Drugs.)
''(e) Importation of Seeds. -- (Amended section 1582 of Title 7,
Agriculture.)
''(f) Plant and Animal Health Regulations. --
''(1) (Amended section 150bb of Title 7.)
''(2) (Amended section 150cc of Title 7.)
''(3) (Amended sections 154 and 156 of Title 7.)
''(4) (Amended section 2803 of Title 7.)
''(5) (Amended section 1306 of this title.)
''SEC. 302. RELIEF FROM IMPORTS.
''(a) Relief From Imports of Canadian Articles. --
''(1) A petition requesting action under this section for the purpose
of adjusting to the obligations of the United States under the Agreement
may be filed with the United States International Trade Commission
(hereafter in this section referred to as the 'Commission') by an
entity, including a trade association, firm, certified or recognized
union, or group of workers, which is representative of an industry. The
Commission shall transmit a copy of any petition filed under this
paragraph to the United States Trade Representative.
''(2)(A) Upon the filing of a petition under paragraph (1), the
Commission shall promptly initiate an investigation to determine
whether, as a result of a reduction or elimination of a duty provided
for under the United States-Canada Free-Trade Agreement, an article
originating in Canada is being imported into the United States in such
increased quantities, in absolute terms, and under such conditions, so
that imports of such Canadian article, alone, constitute a substantial
cause of serious injury to the domestic industry producing an article
like, or directly competitive with, the imported article.
''(B) The provisions of --
''(i) paragraphs (2), (3), (4), (6), and (7) of subsection (b), other
than paragraph (2)(B), and
''(ii) subsection (c),
of section 201 of the Trade Act of 1974 (19 U.S.C. 2251), as in
effect on June 1, 1988, shall apply with respect to any investigation
initiated under subparagraph (A).
''(C) By no later than the date that is 120 days after the date on
which an investigation is initiated under subparagraph (A), the
Commission shall make a determination under subparagraph (A) with
respect to such investigation.
''(D) If the determination made by the Commission under subparagraph
(A) with respect to imports of an article is affirmative, the Commission
shall find and recommend to the President the amount of import relief
that is necessary to remedy the injury found by the Commission in such
affirmative determination, which shall be limited to that set forth in
paragraph (3)(C).
''(E)(i) By no later than the date that is 30 days after the date on
which a determination is made under subparagraph (A) with respect to an
investigation, the Commission shall submit to the President a report on
the determination and the basis for the determination. The report shall
include any dissenting or separate views and a transcript of the
hearings and any briefs which were submitted to the Commission in the
course of the investigation initiated under subparagraph (A).
''(ii) Any finding made under subparagraph (D) shall be included in
the report submitted to the President under clause (i).
''(F) Upon submitting a report to the President under subparagraph
(E), the Commission shall promptly make public such report (with the
exception of information which the Commission determines to be
confidential) and shall cause a summary thereof to be published in the
Federal Register.
''(G) For purposes of this subsection --
''(i) The provisions of paragraphs (1), (2), and (3) of section
330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied
with respect to determinations and findings made under this paragraph as
if such determinations and findings were made under section 201 of the
Trade Act of 1974 (19 U.S.C. 2251).
''(ii) The determination of whether an article originates in Canada
shall be made in accordance with section 202 (including any
proclamations issued under section 202).
''(3)(A) By no later than the date that is 30 days after the date on
which the President receives the report of the Commission containing an
affirmative determination made by the Commission under paragraph (2)(A),
the President shall provide relief from imports of the article
originating in Canada that is the subject of such determination to the
extent that, and for such time (not to exceed 3 years) as the President
determines to be necessary to remedy the injury found by the Commission.
''(B) The President is not required to provide import relief by
reason of this paragraph if the President determines that the provision
of such import relief is not in the national economic interest.
''(C) The import relief that the President is authorized to provide
by reason of this paragraph with respect to an article originating in
Canada is limited to --
''(i) the suspension of any further reductions provided for under the
Agreement in the duty imposed on such article originating in Canada,
''(ii) an increase in the rate of duty imposed on such article
originating in Canada to a level that does not exceed the lesser of --
''(I) the most-favored-nation rate of duty that is imposed by the
United States on such article from any other foreign country at the time
such import relief is provided, or
''(II) the most-favored-nation rate of duty that is imposed by the
United States on such article from any other foreign country on the day
before the date on which the Agreement enters into force (Jan. 1, 1989),
or
''(iii) in the case of a duty applied on a seasonal basis to such
article originating in Canada, an increase in the rate of duty imposed
on such article originating in Canada to a level that does not exceed
the most-favored-nation rate of duty imposed by the United States on
such article originating in Canada for the corresponding season
immediately prior to the date on which the Agreement enters into force.
''(4)(A) No investigation may be initiated under paragraph (2)(A)
with respect to any article for which import relief has been provided
under this subsection.
''(B) No import relief may be provided under this subsection after
the date that is 10 years after the date on which the Agreement enters
into force (Jan. 1, 1989).
''(5) For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
2133), any import relief provided by the President under paragraph (3)
shall be treated as action taken under chapter I (1) of title II of such
Act (19 U.S.C. 2251 et seq.).
''(b) Relief From Imports From All Countries. --
''(1)(A) If, in any investigation initiated under chapter 1 of title
II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the Commission
makes an affirmative determination (or a determination which is treated
as an affirmative determination under such chapter by reason of section
330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d))) that an article
is being imported into the United States in such increased quantities as
to be a substantial cause of serious injury, or the threat thereof, to
the domestic industry, the Commission shall also find (and report to the
President at the time such injury determination is submitted to the
President), whether imports from Canada of the article that is the
subject of such investigation are substantial and are contributing
importantly to such injury or threat thereof.
''(B)(i) In determining under subparagraph (A) whether imports of an
article from Canada are substantial, the Commission shall not normally
consider imports from Canada in the range of 5 to 10 percent or less of
total imports of such article to be substantial.
''(ii) For purposes of this paragraph, the term 'contributing
importantly' means an important cause, but not necessarily the most
important cause, of the serious injury or threat thereof caused by
imports.
''(2)(A) In determining whether to take action under chapter 1 of
title II of the Trade Act of 1974 with respect to imports from Canada,
the President shall determine whether imports from Canada of such
article are substantial and contributing importantly to the serious
injury or threat of serious injury found by the Commission.
''(B) In determining the nature and extent of action to be taken
under chapter 1 of title II of the Trade Act of 1974, the President
shall exclude from such action imports from Canada if the President has
made a negative determination under subparagraph (A) regarding imports
from Canada.
''(3)(A) If, under paragraph (2)(B), the President excludes imports
from Canada from action taken under chapter 1 of title II of the Trade
Act of 1974, the President may, if the President thereafter determines
that a surge in imports from Canada of the article that is the subject
of the action is undermining the effectiveness of the action, take
appropriate action under such chapter with respect to such imports from
Canada to include such imports in such action.
''(B)(i) If, under paragraph (2)(B), the President excludes imports
from Canada from action taken under chapter 1 of title II of the Trade
Act of 1974, any entity, including a trade association, firm, certified
or recognized union, or group of workers, that is representative of an
industry for which such action is being taken under such chapter may
request the Commission to conduct an investigation of imports from
Canada of the article that is the subject of such action.
''(ii) Upon receiving a request under clause (i), the Commission
shall conduct an investigation to determine whether a surge in imports
from Canada of the article that is the subject of action being taken
under chapter 1 of title II of the Trade Act of 1974 undermines the
effectiveness of such action. The Commission shall submit the findings
of such investigation to the President by no later than the date that is
30 days after the date on which such request is received by the
Commission.
''(C) For purposes of this paragraph, the term 'surge' means a
significant increase in imports over the trend for a reasonable, recent
base period for which data are available.
''(c) Any entity that is representative of an industry may submit a
petition for relief under subsection (a), under chapter 1 of title II of
the Trade Act of 1974, or under both subsection (a) and such chapter at
the same time. If petitions are submitted by such an entity under
subsection (a) and such chapter at the same time, the Commission shall
consider such petitions jointly.
''SEC. 303. ACTS IDENTIFIED IN NATIONAL TRADE ESTIMATES.
''With respect to any act, policy, or practice of Canada that is
identified in the annual report submitted under section 181 of the Trade
Act of 1974 (19 U.S.C. 2241), the United States Trade Representative
shall include --
''(1) information with respect to the action taken regarding such
act, policy, or practice, including but not limited to --
''(A) any action under section 301 of the Trade Act of 1974 (19
U.S.C. 2411) (including resolution through appropriate dispute
settlement procedures),
''(B) any action under section 307 of the Trade and Tariff Act of
1984 (section 307 of Pub. L. 98-573, enacting section 2114d of this
title and amending this section), and
''(C) negotiations or consultations, whether on a bilateral or
multilateral basis; or
''(2) the reasons that no action was taken regarding such act,
policy, or practice.
''SEC. 304. NEGOTIATIONS REGARDING CERTAIN SECTORS; BIENNIAL
REPORTS.
''(a) In General. --
''(1) The President is authorized to enter into negotiations with the
Government of Canada for the purpose of concluding an agreement
(including an agreement amending the Agreement) or agreements to --
''(A) liberalize trade in services in accordance with article 1405 of
the Agreement;
''(B) liberalize investment rules;
''(C) improve the protection of intellectual property rights;
''(D) increase the value requirement applied for purposes of
determining whether an automotive product is treated as originating in
Canada or the United States; and
''(E) liberalize government procurement practices, particularly with
regard to telecommunications.
''(2) As an exercise of the foreign relations powers of the President
under the Constitution, the President will enter into immediate
consultations with the Government of Canada to obtain the exclusion from
the transport rates established under Canada's Western Grain
Transportation Act of agricultural goods that originate in Canada and
are shipped via east coast ports for consumption in the United States.
''(b) Negotiating Objectives Regarding Services, Investment, and
Intellectual Property Rights. --
''(1) The objectives of the United States in negotiations conducted
under subsection (a)(1)(A) to liberalize trade in services include --
''(A) with respect to developing services sectors not covered in the
Agreement, the elimination of those tariff, nontariff, and subsidy trade
distortions that have potential to affect significant bilateral trade;
''(B) the elimination or reduction of measures grandfathered by the
Agreement that deny or restrict national treatment in the provision of
services;
''(C) the elimination of local presence requirements; and
''(D) the liberalization of government procurement of services.
In conducting such negotiations, the President shall consult with the
services advisory committees established under section 135 of the Trade
Act of 1974 (19 U.S.C. 2155).
''(2) The objectives of the United States in any negotiations
conducted under subsection (a)(1)(B) to liberalize investment rules
include --
''(A) the elimination of direct investment screening;
''(B) the extension of the principles of the Agreement to energy and
cultural industries, to the extent such industries are not currently
covered by the Agreement;
''(C) the elimination of technology transfer requirements and other
performance requirements not currently barred by the Agreement; and
''(D) the subjection of all investment disputes to dispute resolution
under chapter 18 of the Agreement.
In conducting such negotiations, the President shall consult with
persons representing diverse interests in the United States in
investment.
''(3) The objectives of the United States in any negotiations
conducted under subsection (a)(1)(C) to improve the protection of
intellectual property rights include --
''(A) the recognition and adequate protection of intellectual
property, including copyrights, patents, process patents, trademarks,
mask works, and trade secrets; and
''(B) the establishment of dispute resolution procedures and
binational enforcement of intellectual property standards.
In conducting such negotiations, the President shall consult with
persons representing diverse interests in the United States in
intellectual property.
''(c) Negotiating Objectives Regarding Automotive Products. --
''(1) In conducting negotiations under subsection (a)(1)(D) regarding
the value requirement for automotive products, the President shall seek
to conclude an agreement by no later than January 1, 1990, to increase
the value requirement from 50 percent to at least 60 percent.
''(2) The President is authorized, through January 1, 1999, to
proclaim any agreed increase in the value requirement.
''(3) As used in this section, the term 'value requirement' means the
minimum percentage of the value of an automotive product that must be
accounted for by the value of the materials in the product that
originated in the United States or Canada, or both, plus the direct cost
of processing or assembly performed in the United States or Canada, or
both, with respect to the product.
''(d) Negotiation of Limitation on Potato Trade. --
''(1) During the 5-year period beginning on the date of enactment of
this Act (Sept. 28, 1988), the President is authorized to enter into
negotiations with Canada for the purpose of obtaining an agreement to
limit the exportation and importation of all potatoes between the United
States and Canada, including seed potatoes, fresh, chilled or frozen
potatoes, dried, desiccated or dehydrated potatoes, and potatoes
otherwise prepared or preserved. Any agreement negotiated under this
subsection shall provide for an annual limitation divided equally into
each half of the year.
''(2) For the purpose of conducting negotiations under paragraph (1),
the Secretary of Agriculture and the United States Trade Representative
shall consult with representatives of the potato producing industry,
including the Ad Hoc Potato Advisory Group and the United States/Canada
Horticultural Industry Advisory Committee, to solicit their views on
negotiations with Canada for reciprocal quantitative limits on the
potato trade.
''(3) The President is authorized to direct the Secretary of the
Treasury to --
''(A) carry out such actions as may be necessary or appropriate to
ensure the attainment of the objectives of any agreement that is entered
into under this section; and
''(B) enforce any quantitative limitation, restriction, and other
terms contained in the agreement.
Such actions may include, but are not limited to, requirements that
valid export licenses or other documentation issued by a foreign
government be presented as a condition for the entry into the United
States of any article that is subject to the agreement.
''(4) The provisions of section 1204 of the Agriculture and Food Act
of 1981 (7 U.S.C. 1736j) and the last sentence of section 812 of the
Agricultural Act of 1970 (7 U.S.C. 612c-3) shall not apply in the case
of actions taken pursuant to this subsection.
''(e) Canadian Controls on Fish. --
''(1) Within 30 days of the application by Canada of export controls
on unprocessed fish under statutes exempted from the Agreement under
article 1203, or the application of landing requirements for fish caught
in Canadian waters, the President shall take appropriate action to
enforce United States rights under the General Agreement on Tariffs and
Trade that are retained in article 1205 of the Agreement.
''(2) In enforcing the United States rights referred to in paragraph
(1), the President has discretion to --
''(A) bring a challenge to the offending Canadian practices before
the GATT;
''(B) retaliate against such offending practices;
''(C) seek resolution directly with Canada;
''(D) refer the matter for dispute resolution to the Canada-United
States Trade Commission; or
''(E) take other action that the President considers appropriate to
enforce such United States rights.
''(f) Biennial Report. -- The President shall submit to the Congress,
at the close of each biennial period occurring after the date on which
the Agreement enters into force (Jan. 1, 1989), a report regarding --
''(1) the status of the negotiations regarding agreements that the
President is authorized to enter into with Canada under this section;
''(2) the effectiveness and operation of any agreement entered into
under section 304 that is in force with respect to the United States;
''(3) the effectiveness of operation of the Agreement generally; and
''(4) the actions taken by the United States and Canada to implement
further the objectives of the Agreement.
''SEC. 305. ENERGY.
''(a) Alaskan Oil. -- (Amended section 2406 of the Appendix to Title
50, War and National Defense.)
''(b) Uranium. -- (Amended section 2201 of Title 42, The Public
Health and Welfare.)
''SEC. 306. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER TRADE
AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN CANADIAN PRODUCTS.
(Amended section 2518 of this title.)
''SEC. 307. TEMPORARY ENTRY FOR BUSINESS PERSONS.
''(a) Nonimmigrant Traders and Investors. -- Upon a basis of
reciprocity secured by the United States-Canada Free-Trade Agreement, a
citizen of Canada, and the spouse and children of any such citizen if
accompanying or following to join such citizen, may, if otherwise
eligible for a visa and if otherwise admissible into the United States
under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be
considered to be classifiable as a nonimmigrant under section
101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely
for a purpose specified in Annex 1502.1 (United States of America), Part
B -- Traders and Investors, of such Agreement, but only if any such
purpose shall have been specified in such Annex as of the date of entry
into force of such Agreement (Jan. 1, 1989).
''(b) Nonimmigrant Professionals. -- (Amended section 1184 of Title
8, Aliens and Nationality.)
''SEC. 308. AMENDMENT TO SECTION 5136 OF THE REVISED STATUTES.
(Amended section 24 of Title 12, Banks and Banking.)
''SEC. 309. STEEL PRODUCTS.
''Nothing in this Act shall preclude any discussion or negotiation
between the United States and Canada in order to conclude voluntary
restraint agreements or mutually agreed quantitative restrictions on the
volume of steel products entering the United States from Canada.
''SEC. 401. AMENDMENTS TO SECTION 516A OF THE TARIFF ACT OF 1930.
(Amended section 1516a of this title.)
''SEC. 402. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
''(a) Jurisdiction of Court of International Trade. -- (Amended
section 1581 of Title 28, Judiciary and Judicial Procedure.)
''(b) Relief in Court of International Trade. -- (Amended section
2643 of Title 28.)
''(c) Declaratory Judgments. -- (Amended section 2201 of Title 28.)
''(d) Actions Under the Agreement. -- (Enacted section 1584 of Title
28.)
''SEC. 403. CONFORMING AMENDMENTS TO THE TARIFF ACT OF 1930.
(Amended sections 1502, 1514, 1677, and 1677f of this title.)
''SEC. 404. AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAW.
''Any amendment enacted after the Agreement enters into force with
respect to the United States (Jan. 1, 1989) that is made to --
''(1) section 303 (19 U.S.C. 1303) or title VII of the Tariff Act of
1930 (19 U.S.C. 1671 et seq.), or any successor statute, or
''(2) any other statute which --
''(A) provides for judicial review of final determinations under such
section, title, or statute, or
''(B) indicates the standard of review to be applied,
shall apply to Canada only to the extent specified in such amendment.
''SEC. 405. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS REGARDING
THE IMPLEMENTATION OF CHAPTERS 18 AND 19 OF THE AGREEMENT.
''(a) Appointment of Individuals to Panels and Committees. --
''(1)(A) There is established within the interagency organization
established under section 242 of the Trade Expansion Act of 1962 (19
U.S.C. 1872) an interagency group which shall --
''(i) be chaired by the United States Trade Representative (hereafter
in this section referred to as the 'Trade Representative'), and
''(ii) consist of such officers (or the designees thereof) of the
Government of the United States as the Trade Representative considers
appropriate.
''(B) The interagency group established under subparagraph (A) shall,
in a manner consistent with chapter 19 of the Agreement --
''(i) prepare by January 3 of each calendar year --
''(I) a list of individuals who are qualified to serve as members of
binational panels convened under chapter 19 of the Agreement, and
''(II) a list of individuals who are qualified to serve on
extraordinary challenge committees convened under such chapter,
''(ii) if the Trade Representative makes a request under paragraph
(5)(A)(i) with respect to a final candidate list during any calendar
year, prepare by July 1 of such calendar year a list of those
individuals who are qualified to be added to that final candidate list,
''(iii) exercise oversight of the administration of the United States
Secretariat that is authorized to be established under subsection (e),
and
''(iv) make recommendations to the Trade Representative regarding the
convening of extraordinary challenge committees under chapter 19 of the
Agreement.
''(2)(A) The Trade Representative shall select individuals from the
respective lists prepared by the interagency group under paragraph
(1)(B)(i) for placement on a preliminary candidate list of individuals
eligible to serve as members of binational panels under Annex 1901.2 of
the Agreement and a preliminary candidate list of individuals eligible
for selection as members of extraordinary challenge committees under
Annex 1904.13 of the Agreement.
''(B) The selection of individuals for --
''(i) placement on lists prepared by the interagency group under
clause (i) or (ii) of paragraph (1)(B),
''(ii) placement on preliminary candidate lists under subparagraph
(A),
''(iii) placement on final candidate lists under paragraph (3),
''(iv) placement by the Trade Representative on the rosters described
in Annex 1901.2(1) and Annex 1904.13(1) of the Agreement, and
''(v) appointment by the Trade Representative for service on
binational panels and extraordinary challenge committees convened under
chapter 19 of the Agreement,
shall be made on the basis of the criteria provided in Annex
1901.2(1) and Annex 1904.13(1) of the Agreement and shall be made
without regard to political affiliation.
''(C) For purposes of applying section 1001 of title 18, United
States Code, the writtdn or oral responses of individuals to inquiries
of the interagency group established under paragraph (1) or the Trade
Representative regarding their personal and professional qualifications,
and financial and other relevant interests, that bear on their
suitability for the placements and appointments described in
subparagraph (B), shall be treated as matters within the jurisdiction of
an agency of the United States.
''(3)(A) By no later than January 3 of each calendar year, the Trade
Representative shall submit to the Committee on Finance of the Senate
and the Committee on Ways and Means of the House of Representatives
(hereafter in this section referred to as the 'appropriate Congressional
Committees') the preliminary candidate lists of those individuals
selected by the Trade Representative under paragraph (2)(A) to be
candidates eligible to serve on binational panels or extraordinary
challenge committees convened pursuant to chapter 19 of the Agreement
during the 1-year period beginning on April 1 of such calendar year.
''(B) Upon submission of the preliminary candidate lists under
subparagraph (A) to the appropriate Congressional Committees, the Trade
Representative shall consult with the appropriate Congressional
Committees with regard to the individuals listed on the preliminary
candidate lists.
''(C) The Trade Representative may add or delete individuals from the
preliminary candidate lists submitted under subparagraph (A) after
consulting the appropriate Congressional Committees with regard to such
addition or deletion. The Trade Representative shall provide to the
appropriate Congressional Committees written notice of any addition or
deletion of an individual from the preliminary candidate lists.
''(4)(A) By no later than March 31 of each calendar year, the Trade
Representative shall submit to the appropriate Congressional Committees
the final candidate lists of those individuals selected by the Trade
Representative to be candidates eligible to serve on binational panels
and extraordinary challenge committees convened pursuant to chapter 19
of the Agreement during the 1-year period beginning on April 1 of such
calendar year. An individual may be included on a final candidate list
only if written notice of the addition of such individual to the
preliminary candidate list was submitted to the appropriate
Congressional Committees at least 15 days before the date on which that
final candidate list is submitted to the appropriate Congressional
Committees under this subparagraph.
''(B) Except as provided in paragraph (5), no additions may be made
to the final candidate lists after the final candidate lists are
submitted to the appropriate Congressional Committees under subparagraph
(A).
''(5)(A) If, after the Trade Representative has submitted the final
candidate lists to the appropriate Congressional Committees under
paragraph (4)(A) for a calendar year and before July 1 of such calendar
year, the Trade Representative determines that additional individuals
need to be added to a final candidate list, the Trade Representative
shall --
''(i) request the interagency group established under paragraph
(1)(A) to prepare a list of individuals who are qualified to be added to
such candidate list,
''(ii) select individuals from the list prepared by the interagency
group under paragraph (1)(B)(ii) to be included in a proposed amendment
to such final candidate list, and
''(iii) by no later than July 1 of such calendar year, submit to the
appropriate Congressional Committees the proposed amendments to such
final candidate list developed by the Trade Representative under clause
(ii).
''(B) Upon submission of a proposed amendment under subparagraph
(A)(iii) to the appropriate Congressional Committees, the Trade
Representative shall consult with the appropriate Congressional
Committees with regard to the individuals included in the proposed
amendment.
''(C) The Trade Representative may add or delete individuals from any
proposed amendment submitted under subparagraph (A)(iii) after
consulting the appropriate Congressional Committees with regard to such
addition or deletion. The Trade Representative shall provide to the
appropriate Congressional Committees written notice of any addition or
deletion of an individual from the proposed amendment.
''(D)(i) If the Trade Representative submits under subparagraph
(A)(iii) in any calendar year a proposed amendment to a final candidate
list, the Trade Representative shall, by no later than September 30 of
such calendar year, submit to the appropriate Congressional Committees
the final form of such amendment. On October 1 of such calendar year,
such amendment shall take effect and the individuals included in the
final form of such amendment shall be added to the final candidate list.
''(ii) An individual may be included in the final form of an
amendment submitted under clause (i) only if written notice of the
addition of such individual to the proposed form of such amendment was
submitted to the appropriate Congressional Committees at least 15 days
before the date on which the final form of such amendment is submitted
under clause (i).
''(iii) Individuals added to a final candidate list under clause (i)
shall be eligible to serve on binational panels or extraordinary
challenge committees convened pursuant to chapter 19 of the Agreement,
as the case may be, during the 6-month period beginning on October 1 of
the calendar year in which such addition occurs.
''(iv) No additions may be made to the final form of an amendment
described in clause (i) after the final form of such amendment is
submitted to the appropriate Congressional Committees under clause (i).
''(6)(A) The Trade Representative is the only officer of the
Government of the United States authorized to act on behalf of the
Government of the United States in making any selection or appointment
of an individual to --
''(i) the rosters described in Annex 1901.2(1) and Annex 1904.13(1)
of the Agreement, or
''(ii) the binational panels or extraordinary challenge committees
convened pursuant to chapter 19 of the Agreement,
that is to be made solely or jointly by the Government of the United
States under the terms of the Agreement.
''(B) Except as otherwise provided in paragraph (7)(B), the Trade
Representative may --
''(i) select an individual for placement on the rosters described in
Annex 1901.2(1) and Annex 1904.13(1) of the Agreement during the 1-year
period beginning on April 1 of any calendar year,
''(ii) appoint an individual to serve as one of those members of any
binational panel or extraordinary challenge committee convened pursuant
to chapter 19 of the Agreement during such 1-year period who, under the
terms of the Agreement, are to be appointed solely by the Government of
the United States, or
''(iii) act to make a joint appointment with the Government of
Canada, under the terms of the Agreement, of any individual who is a
citizen or national of the United States to serve as any other member of
such a panel or committee,
only if such individual is on the appropriate final candidate list
that was submitted to the appropriate Congressional Committees under
paragraph (4)(A) during such calendar year or on such list as it may be
amended under paragraph (5)(D)(i).
''(7)(A) Except as otherwise provided in this paragraph, no
individual may --
''(i) be selected by the Government of the United States for
placement on the rosters described in Annex 1901.2(1) and Annex
1904.13(1) of the Agreement, or
''(ii) be appointed solely or jointly by the Government of the United
States to serve as a member of a binational panel or extraordinary
challenge committee convened pursuant to chapter 19 of the Agreement,
during the 1-year period beginning on April 1 of any calendar year
for which the Trade Representative has not met the requirements of this
subsection.
''(B)(i) Notwithstanding paragraphs (3), (4), or (6)(B) (other than
paragraph (3)(A)), individuals listed on the preliminary candidate lists
submitted to the appropriate Congressional Committees under paragraph
(3)(A) may --
''(I) be selected by the Trade Representative for placement on the
rosters described in Annex 1901.2(1) and Annex 1904.13(1) of the
Agreement during the 3-month period beginning on the date on which the
Agreement enters into force, and
''(II) be appointed solely or jointly by the Trade Representative
under the terms of the Agreement to serve as members of binational
panels or extraordinary challenge committees that are convened pursuant
to chapter 19 of the Agreement during such 3-month period.
''(ii) If the Agreement enters into force after January 3, 1989, the
provisions of this subsection shall be applied with respect to the
calendar year in which the Agreement enters into force --
''(I) by substituting 'the date that is 30 days after the date on
which the Agreement enters into force' for 'January 3 of each calendar
year' in paragraphs (1)(B)(i) and (3)(A), and
''(II) by substituting 'the date that is 3 months after the date on
which the Agreement enters into force' for 'March 31 of each calendar
year' in paragraph (4)(A).
''(b) Status of Panelists. -- Notwithstanding any other provision of
law, individuals appointed by the United States to serve on panels or
committees convened pursuant to chapter 19 of the Agreement, and
individuals designated to assist such appointed individuals, shall not
be considered to be employees or special employees of, or to be
otherwise affiliated with, the Government of the United States.
''(c) Immunity of Panelists. -- With the exception of acts described
in section 777f(d)(3) (777(d)(3)) of the Tariff Act of 1930, as added by
this Act (19 U.S.C. 1677f(d)(3)), individuals serving on panels or
committees convened pursuant to chapter 19 of the Agreement, and
individuals designated to assist the individuals serving on such panels
or committees, shall be immune from suit and legal process relating to
acts performed by such individuals in their official capacity and within
the scope of their functions as such panelists or committee members or
assistants to such panelists or committee members.
''(d) Regulations. -- The administering authority under title VII of
the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the United States
International Trade Commission, and the United States Trade
Representative may promulgate such regulations as are necessary or
appropriate to carry out actions in order to implement their respective
responsibilities under chapters 18 and 19 of the Agreement. Initial
regulations to carry out such functions shall be issued prior to the
date of entry into force of the Agreement (Jan. 1, 1989).
''(e) Establishment of United States Secretariat. --
''(1) The President is authorized to establish within any department
or agency of the Federal Government a United States Secretariat which,
subject to the oversight of the interagency group established under
subsection (a)(1)(A), shall facilitate --
''(A) the operation of chapters 18 and 19 of the Agreement, and
''(B) the work of the binational panels and extraordinary challenge
committees convened under chapters 18 and 19 of the Agreement.
''(2) The United States Secretariat established by the President
under paragraph (1) shall not be considered to be an agency for purposes
of section 552 of title 5, United States Code.
''SEC. 406. AUTHORIZATION OF APPROPRIATIONS FOR THE SECRETARIAT, THE
PANELS, AND THE COMMITTEES.
''(a) The Secretariat. -- There are authorized to be appropriated to
the department or agency within which the United States Secretariat
described in chapter 19 of the Agreement is established the lesser of --
''(1) such sums as may be necessary, or
''(2) $5,000,000,
for each fiscal year succeeding fiscal year 1988 for the
establishment and operations of such United States Secretariat and for
the payment of the United States share of the expenses of the dispute
settlement proceedings under chapter 18 of the Agreement.
''(b) Panels and Committees. --
''(1) There are authorized to be appropriated to the Office of the
United States Trade Representative for fiscal year 1990, $1,492,000 to
pay during such fiscal year the United States share of the expenses of
binational panels and extraordinary challenge committees convened
pursuant to chapter 19 of the Agreement.
''(2) The United States Trade Representative is authorized to
transfer to any department or agency of the United States, from sums
appropriated pursuant to the authorization provided under paragraph (1)
or section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)),
such funds as may be necessary to facilitate the payment of the expenses
described in paragraph (1).
''(3) Funds appropriated for the payment of expenses described in
paragraph (1) during any fiscal year may be expended only to the extent
such funds do not exceed the amount authorized to be appropriated under
paragraph (1) for such fiscal year. This paragraph shall apply,
notwithstanding any law enacted after the date of enactment of this Act
(Sept. 28, 1988), unless such subsequent law specifically provides that
this paragraph shall not apply and specifically cites this paragraph.
''(4) If the Canadian Secretariat described in chapter 19 of the
Agreement provides funds during any fiscal year for the purpose of
paying, in accordance with Annex 1901.2 of the Agreement, the Canadian
share of the expenses of binational panels, the United States
Secretariat established under section 405(e)(1) may hereafter retain and
use such funds for such purposes.
''SEC. 407. TESTIMONY AND PRODUCTION OF PAPERS IN EXTRAORDINARY
CHALLENGES.
''(a) Authority of Extraordinary Challenge Committee To Obtain
Information. -- If an extraordinary challenge committee (hereinafter
referred to in this section as the 'committee') is convened pursuant to
article 1904(13) of the Agreement, and the allegations before the
committee include a matter referred to in article 1904(13)(a)(i) of the
Agreement, for the purposes of carrying out its functions and duties
under Annex 1904.13 of the Agreement, the committee --
''(1) shall have access to, and the right to copy, any document,
paper, or record pertinent to the subject matter under consideration, in
the possession of any individual, partnership, corporation, association,
organization, or other entity,
''(2) may summon witnesses, take testimony, and administer oaths,
''(3) may require any individual, partnership, corporation,
association, organization, or other entity to produce documents, books,
or records relating to the matter in question, and
''(4) may require any individual, partnership, corporation,
association, organization, or other entity to furnish in writing, in
such detail and in such form as the committee may prescribe, information
in its possession pertaining to the matter.
Any member of the committee may sign subpoenas, and members of the
committee, when authorized by the committee, may administer oaths and
affirmations, examine witnesses, take testimony, and receive evidence.
''(b) Witnesses and Evidence. -- The attendance of witnesses who are
authorized to be summoned, and the production of documentary evidence
authorized to be ordered, under subsection (a) may be required from any
place in the United States at any designated place of hearing. In the
case of disobedience to a subpoena authorized under subsection (a), the
committee may request the Attorney General of the United States to
invoke the aid of any district or territorial court of the United States
in requiring the attendance and testimony of witnesses and the
production of documentary evidence. Such court, within the jurisdiction
of which such inquiry is carried on, may, in case of contumacy or
refusal to obey a subpoena issued to any individual, partnership,
corporation, association, organization, or other entity, issue an order
requiring such individual or entity to appear before the committee, or
to produce documentary evidence if so ordered or to give evidence
concerning the matter in question. Any failure to obey such order of
the court may be punished by such court as a contempt thereof.
''(c) Mandamus. -- Any court referred to in subsection (b) shall have
jurisdiction to issue writs of mandamus commanding compliance with the
provisions of this section or any order of the committee made in
pursuance thereof.
''(d) Depositions. -- The committee may order testimony to be taken
by deposition at any stage of the committee review. Such deposition may
be taken before any person designated by the committee and having power
to administer oaths. Such testimony shall be reduced to writing by the
person taking the deposition, or under the direction of such person, and
shall then be subscribed by the deponent. Any individual, partnership,
corporation, association, organization or other entity may be compelled
to appear and depose and to produce documentary evidence in the same
manner as witnesses may be compelled to appear and testify and produce
documentary evidence before the committee, as provided in this section.
''SEC. 408. REQUESTS FOR REVIEW OF CANADIAN ANTIDUMPING AND
COUNTERVAILING DUTY DETERMINATIONS.
''(a) Requests for Review by the United States. -- In the case of a
final antidumping or countervailing duty determination of a competent
investigating authority of Canada, as defined in article 1911 of the
Agreement, requests by the United States for binational panel review
under article 1904 of the Agreement shall be made by the United States
Secretary, described in article 1909(4) of the Agreement.
''(b) Requests for Review by a Person. -- In the case of a final
antidumping or countervailing duty determination of a competent
investigating authority of Canada, as defined in article 1911 of the
Agreement, a person, within the meaning of article 1904(5) of the
Agreement, may request a binational panel review of such determination
by filing with the United States Secretary, described in article 1909(4)
of the Agreement, such a request within the time limit provided for in
article 1904(4) of the Agreement. The receipt of such request by the
United States Secretary shall be deemed to be a request for binational
panel review within the meaning of article 1904(4) of the Agreement.
Such request shall contain such information and be in such form, manner,
and style as the administering authority shall prescribe by regulations.
The request for such panel review shall not preclude the United States,
Canada, or any other person from challenging before a binational panel
the basis for a particular request for review.
''(c) Service of Request for Review. -- Whenever binational panel
review is requested under this section, the United States Secretary
shall serve a copy of the request on all persons who would otherwise be
entitled under Canadian law to commence procedures for judicial review
of a final antidumping or countervailing duty determination made by a
competent investigating authority of Canada.
''SEC. 409. SUBSIDIES.
''(a) Negotiating Authority. --
''(1) The President is authorized to enter into an agreement with
Canada, including an agreement to amend the Agreement, on rules
applicable to trade between the United States and Canada that --
''(A) deal with unfair pricing and government subsidization, and
''(B) provide for increased discipline on subsidies.
''(2)(A) The objectives of the United States in negotiating an
agreement under paragraph (1) include (but are not limited to) --
''(i) achievement, on an expedited basis, of increased discipline on
government production and export subsidies that have a significant
impact, directly or indirectly, on bilateral trade between the United
States and Canada; and
''(ii) attainment of increased and more effective discipline on those
Canadian Government (including provincial) subsidies having the most
significant adverse impact on United States producers that compete with
subsidized products of Canada in the markets of the United States and
Canada.
''(B) Special emphasis should be given in negotiating an agreement
under paragraph (1) to obtain discipline on Canadian subsidy programs
that adversely affect United States industries which directly compete
with subsidized imports.
''(3) The United States members of the working group established
under article 1907 of the Agreement shall --
''(A) consult regularly with the Committee on Finance of the Senate,
the Committee on Ways and Means of the House of Representatives, and
advisory committees established under section 135 of the Trade Act of
1974 (19 U.S.C. 2155) regarding --
''(i) the issues being considered by the working group, and
''(ii) as appropriate, the objectives and strategy of the United
States in the negotiations, and
''(B) beginning in January 1990, submit an annual report to such
Congressional Committees on the progress being made in the negotiations
to obtain an agreement that meets the objectives described in paragraph
(2).
''(4) Notwithstanding any other provision of this Act or of any other
law, the provisions of section 151 of the Trade Act of 1974 (19 U.S.C.
2191) shall not apply to any bill or joint resolution that implements an
agreement entered into under paragraph (1), unless the President
determines and notifies the Congress that such agreement --
''(A) will provide greater discipline over government subsidies and
no less discipline over unfair pricing practices by producers than that
provided by the agreements described in paragraphs (5) and (6) of
section 2((c)) of the Trade Agreements Act of 1979 (19 U.S.C.
2503(c)(5), (6)) (the Subsidies Code and Antidumping Code),
respectively, taking into account the effects of the Agreement, and
''(B) will neither undermine such multilateral discipline nor detract
from United States efforts to increase such discipline on a multilateral
basis in, or subsequent to, the Uruguay Round of multilateral trade
negotiations.
''(b) Identification of Industries Facing Subsidized Imports. --
''(1) Any entity, including a trade association, firm, certified or
recognized union, or group of workers, that is representative of a
United States industry and has reason to believe that --
''(A)(i) as a result of implementation of provisions of the
Agreement, the industry is likely to face increased competition from
subsidized Canadian imports with which it directly competes; or
''(ii) the industry is likely to face increased competition from
subsidized imports with which it directly competes from any other
country designated by the President, following consultations with the
Congress, as benefitting from a reduction of tariffs or other trade
barriers under a trade agreement that enters into force after January 1,
1989; and
''(B) the industry is likely to experience a deterioration of its
competitive position before rules and disciplines relating to the use of
government subsidies have been developed with respect to such country;
may file a petition with the United States Trade Representative
(hereafter referred to in this section as the 'Trade Representative') to
be identified under this section.
''(2) Within 90 days of receipt of a petition under paragraph (1),
the Trade Representative, in consultation with the Secretary of
Commerce, shall decide whether to identify the industry on the basis
that there is a reasonable likelihood that the industry may face both
the subsidization described in paragraph (1)(A) and the deterioration
described in paragraph (1)(B).
''(3) At the request of an entity that is representative of an
industry identified under paragraph (2), the Trade Representative shall
--
''(A) compile and make available to the industry information under
section 308 of the Trade Act of 1974 (19 U.S.C. 2418),
''(B) recommend to the President that an investigation by the United
States International Trade Commission be requested under section 332 of
the Tariff Act of 1930 (19 U.S.C. 1332), or
''(C) take actions described in both subparagraphs (A) and (B).
The industry may request the Trade Representative to take appropriate
action to update (as often as annually) any information obtained under
subparagraph (A) or (B), or both, as the case may be, until an agreement
on adequate rules and disciplines relating to government subsidies is
reached.
''(4)(A) The Trade Representative and the Secretary of Commerce shall
review information obtained under paragraph (3) and consult with the
industry identified under paragraph (2) with a view to deciding whether
any action is appropriate under section 301 of the Trade Act of 1974 (19
U.S.C. 2411), including the initiation of an investigation under section
302(c) of that Act (19 U.S.C. 2412(c)) (in the case of the Trade
Representative), or under subtitle A of title VII of the Tariff Act of
1930 (19 U.S.C. 1671 et seq.), including the initiation of an
investigation under section 702(a) of that Act (19 U.S.C. 1671a(a)) (in
the case of the Secretary of Commerce).
''(B) In determining whether to initiate any investigation under
section 301 of the Trade Act of 1974 (19 U.S.C. 2411) or any other trade
law, other than title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et
seq.), the Trade Representative, after consultation with the Secretary
of Commerce --
''(i) shall seek the advice of the advisory committees established
under section 135 of the Trade Act of 1974 (19 U.S.C. 2155);
''(ii) shall consult with the Committee on Finance of the Senate and
the Committee on Ways and Means of the House of Representatives;
''(iii) shall coordinate with the interagency committee established
under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872);
and
''(iv) may ask the President to request advice from the United States
International Trade Commission.
''(C) In the event an investigation is initiated under section 302(c)
of the Trade Act of 1974 (19 U.S.C. 2412(c)) as a result of a review
under this paragraph and the President, following such investigation
(including any applicable dispute settlement proceedings under the
Agreement or any other trade agreement), determines to take action under
section 301(a) of such Act (19 U.S.C. 2411(a)), the President shall give
preference to actions that most directly affect the products that
benefit from governmental subsidies and were the subject of the
investigation, unless there are no significant imports of such products
or the President otherwise determines that application of the action to
other products would be more effective.
''(5) Any decision, whether positive or negative, or any action by
the Trade Representative or the Secretary of Commerce under this section
shall not in any way --
''(A) prejudice the right of any industry to file a petition under
any trade law,
''(B) prejudice, affect, or substitute for, any proceeding,
investigation, determination, or action by the Secretary of Commerce,
the United States International Trade Commission, or the Trade
Representative pursuant to such a petition,
''(C) prejudice, affect, substitute for, or obviate any proceeding,
investigation, or determination under section 301 of the Trade Act of
1974 (19 U.S.C. 2411), title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.), or any other trade law.
''(6) Nothing in this subsection may be construed to alter in any
manner the requirements in effect before the enactment of this Act
(Sept. 28, 1988) for standing under any law of the United States or to
add any additional requirements for standing under any law of the United
States.
''SEC. 410. TERMINATION OF AGREEMENT.
''(a) In General. -- If --
''(1) no agreement is entered into between the United States and
Canada on a substitute system of rules for antidumping and
countervailing duties before the date that is 7 years after the date on
which the Agreement enters into force (Jan. 1, 1989), and
''(2) the President decides not to exercise the rights of the United
States under article 1906 of the Agreement to terminate the Agreement,
the President shall submit to the Congress a report on such decision
which explains why continued adherence to the Agreement is in the
national economic interest of the United States.
''(b) Transition Provisions. --
''(1) If on the date on which the Agreement should cease to be in
force an investigation or enforcement proceeding concerning the
violation of a protective order issued under section 777(d) of the
Tariff Act of 1930 (as amended by this Act) (19 U.S.C. 1677f(d)) or a
Canadian undertaking is pending, such investigation or proceeding shall
continue and sanctions may continue to be imposed in accordance with the
provisions of such section.
''(2) If on the date on which the Agreement should cease to be in
force a binational panel review under article 1904 of the Agreement is
pending, or has been requested, with respect to a determination to which
section 516A(g)(2) of the Tariff Act of 1930 (as added by this Act) (19
U.S.C. 1516a(g)(2)) applies, such determination shall be reviewable
under section 516A(a) of the Tariff Act of 1930. In the case of a
determination to which the provisions of this paragraph apply, the time
limits for commencing an action under section 516A(a)(2)(A) of the
Tariff Act of 1930 shall not begin to run until the date on which the
Agreement ceases to be in force.
''SEC. 501. EFFECTIVE DATES.
''(a) In General. -- Except as provided in subsection (b), the
provisions of this Act, and the amendments made by this Act, shall take
effect on the date the Agreement enters into force (Jan. 1, 1989).
(A Presidential Memorandum on the Canada-United States Free-Trade
Agreement, dated Dec. 31, 1988, directing the Secretary of State to
exchange notes with the Government of Canada to provide for the entry
into force of the Agreement on Jan. 1, 1989, is set out in 24 Weekly
Compilation of Presidential Documents 1688, Jan. 2, 1989. See, also,
confirmation by Office of the United States Trade Representative, 54
F.R. 505.)
''(b) Exceptions. -- Sections 1 and 2, title I, section 304 (except
subsection (f)), section 309, this section and section 502 shall take
effect on the date of enactment of this Act (Sept. 28, 1988).
''(c) Termination of Provisions and Amendments if Agreement
Terminates. -- On the date on which the Agreement ceases to be in force,
the provisions of this Act (other than this subsection and section
410(b)), and the amendments made by this Act, shall cease to have
effect.
''SEC. 502. SEVERABILITY.
''If any provision of this Act, any amendment made by this Act, or
the application of such a provision or amendment to any person or
circumstances is held to be invalid, the remainder of this Act, the
remaining amendments made by this Act, and the application of such
provision or amendment to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby.''
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
Sections 1 to 6 of Pub. L. 99-47 provided that:
''SECTION 1. SHORT TITLE.
''This Act (amending sections 2112, 2462 to 2464, and 2518 of this
title and provisions set out as a note below) may be cited as the
'United States-Israel Free Trade Area Implementation Act of 1985'.
''SEC. 2. PURPOSES.
''The purposes of this Act are --
''(1) to approve and implement the agreement on the establishment of
a free trade area between the United States and Israel negotiated under
the authority of section 102 of the Trade Act of 1974 (19 U.S.C. 2112);
''(2) to strengthen and develop the economic relations between the
United States and Israel for their mutual benefit; and
''(3) to establish free trade between the two nations through the
removal of trade barriers.
''SEC. 3. APPROVAL OF A FREE TRADE AREA AGREEMENT.
''Pursuant to sections 102 and 151 of the Trade Act of 1974 (19
U.S.C. 2112; 2191), the Congress approves --
''(1) the Agreement on the Establishment of a Free Trade Area between
the Government of the United States of America and the Government of
Israel (hereinafter in this Act referred to as 'the Agreement') entered
into on April 22, 1985, and submitted to the Congress on April 29, 1985,
and
''(2) the statement of administrative action proposed to implement
the Agreement that was submitted to the Congress on April 29, 1985.
''SEC. 4. PROCLAMATION AUTHORITY.
''(a) Tariff Modifications. -- Except as provided in subsection (c),
the President may proclaim --
''(1) such modifications or continuance of any existing duty,
''(2) such continuance of existing duty-free or excise treatment, or
''(3) such additional duties,
as the President determines to be required or appropriate to carry
out the schedule of duty reductions with respect to Israel set forth in
annex 1 of the Agreement.
''(b) Additional Tariff Modification Authority. -- Except as provided
in subsection (c), whenever the President determines that it is
necessary to maintain the general level of reciprocal and mutually
advantageous concessions with respect to Israel provided for by the
Agreement, the President may proclaim --
''(1) such withdrawal, suspension, modification, or continuance of
any duty,
''(2) such continuance of existing duty-free or excise treatment, or
''(3) such additional duties,
as the President determines to be required or appropriate to carry
out the Agreement.
''(c) Exception to Authority. -- No modification of any duty imposed
on any article provided for in paragraph (4) of annex 1 of the Agreement
that may be proclaimed under subsection (a) or (b) shall take effect
prior to January 1, 1995.
''SEC. 5. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.
''(a) United States Statutes To Prevail in Conflict. -- No provision
of the Agreement, nor the application of any such provision to any
person or circumstance, which is in conflict with --
''(1) title IV of the Trade and Tariff Act of 1984 (title IV of Pub.
L. 98-573, amending this section and enacting provisions set out below),
or
''(2) any other statute of the United States,
shall be given effect under the laws of the United States.
''(b) Implementing Regulations. -- Regulations that are necessary or
appropriate to carry out actions proposed in any statement of proposed
administrative action submitted to the Congress under section 102 of the
Trade Act of 1974 (19 U.S.C. 2112) in order to implement the Agreement
shall be prescribed. Initial regulations to carry out such action shall
be issued within one year after the date of the entry into force of the
Agreement.
''(c) Changes in Statutes To Implement a Requirement, Amendment, or
Recommendation. --
''(1) Except as otherwise provided in paragraph (2), the provisions
of section 3(c) of the Trade Agreements Act of 1979 (19 U.S.C. 2504(c))
shall apply with respect to the Agreement and --
''(A) no requirement of, amendment to, or recommendation under the
Agreement shall be implemented under United States law, and
''(B) no amendment, repeal, or enactment of a statute of the United
States to implement any such requirement, amendment, or recommendation
shall enter into force with respect to the United States,
unless there has been compliance with the provisions of section 3(c)
of the Trade Agreements Act of 1979.
''(2) The provisions of section 3(c)(4) of the Trade Agreements Act
of 1979 (19 U.S.C. 2504(c)(4)) shall apply to any bill implementing any
requirement of, amendment to, or recommendation made under, the
Agreement that reduces or eliminates any duty imposed on any article
provided for in paragraph (4) of Annex 1 of the Agreement only if --
''(A) any reduction of such duty provided in such bill --
''(i) takes effect after December 31, 1989, and
''(ii) takes effect gradually over the period that begins on January
1, 1990, and ends on December 31, 1994,
''(B) any elimination of such duty provided in such bill does not
take effect prior to January 1, 1995, and
''(C) the consultations required under section 3(c)(1) of such Act
occur at least ninety days prior to the date on which such bill is
submitted to the Congress under section 3(c) of such Act.
''(d) Private Remedies Not Created. -- Neither the entry into force
of the Agreement with respect to the United States, nor the enactment of
this Act, shall be construed as creating any private right of action or
remedy for which provision is not explicitly made under this Act or
under the laws of the United States.
''SEC. 6. TERMINATION.
''The provisions of section 125(a) of the Trade Act of 1974 (19
U.S.C. 2135(a)) shall not apply to the Agreement.''
Pub. L. 98-573, title IV, 402-405, formerly 402-404, 406, Oct.
30, 1984, 98 Stat. 3015-3017, as renumbered and amended by Pub. L.
99-47, 8(a), June 11, 1985, 99 Stat. 84; Pub. L. 99-514, title XVIII,
1889(6), Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100-418, title I,
1214(s)(4), 1401(b)(3), Aug. 23, 1988, 102 Stat. 1160, 1240, provided
that:
''SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES.
''(a)(1) The reduction or elimination of any duty imposed on any
article by the United States provided for in a trade agreement entered
into with Israel under section 102(b)(1) of the Trade Act of 1974 (19
U.S.C. 2112(b)(1)) shall apply only if --
''(A) that article is the growth, product, or manufacture of Israel
or is a new or different article of commerce that has been grown,
produced, or manufactured in Israel;
''(B) that article is imported directly from Israel into the customs
territory of the United States; and
''(C) the sum of --
''(i) the cost of value of the materials produced in Israel, plus
''(ii) the direct costs of processing operations performed in Israel,
is not less than 35 percent of the appraised value of such article at
the time it is entered.
If the cost or value of materials produced in the customs territory
of the United States is included with respect to an article to which
this subsection applies, an amount not to exceed 15 percent of the
appraised value of the article at the time it is entered that is
attributable to such United States cost or value may be applied toward
determining the percentage referred to in subparagraph (C).
''(2) No article may be considered to meet the requirements of
paragraph (1)(A) by virtue of having merely undergone --
''(A) simple combining or packaging operations; or
''(B) mere dilution with water or mere dilution with another
substance that does not materially alter the characteristics of the
article.
''(b) As used in this section, the phrase 'direct costs of processing
operations' includes, but is not limited to --
''(1) all actual labor costs involved in the growth, production,
manufacture, or assembly of the specific merchandise, including fringe
benefits, on-the-job training and the cost of engineering, supervisory,
quality control, and similar personnel; and
''(2) dies, molds, tooling, and depreciation on machinery and
equipment which are allocable to the specific merchandise.
Such phrase does not include costs which are not directly
attributable to the merchandise concerned, or are not costs of
manufacturing the product, such as (A) profit, and (B) general expenses
of doing business which are either not allocable to the specific
merchandise or are not related to the growth, production, manufacture,
or assembly of the merchandise, such as administrative salaries,
casualty and liability insurance, advertising, and salesmen's salaries,
commissions or expenses.
''(c) Regulations. -- The Secretary of the Treasury, after
consultation with the United States Trade Representative, shall
prescribe such regulations as may be necessary to carry out this
section.
''SEC. 403. APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS.
''(a) Suspension of Duty-Free Treatment. -- The President may by
proclamation suspend the reduction or elimination of any duty provided
under any trade agreement provision entered into with Israel under the
authority of section 102(b)(1) of the Trade Act of 1974 (19 U.S.C.
2112(b)(1)) with respect to any article and may proclaim a duty rate for
such article if such action is proclaimed under section 203 of the Trade
Act of 1974 (19 U.S.C. 2253) or section 232 of the Trade Expansion Act
of 1962 (19 U.S.C. 1862).
''(b) ITC Reports. -- In any report by the United States
International Trade Commission (hereinafter referred to in this title
(this note) as the 'Commission') to the President under section 202(f)
of the Trade Act of 1974 (19 U.S.C. 2252(f)) regarding any article for
which a reduction or elimination of any duty is provided under a trade
agreement entered into with Israel under section 102(b)(1) of the Trade
Act of 1974 (19 U.S.C. 2112(b)(1)), the Commission shall state whether
and to what extent its findings and recommendations apply to such an
article when imported from Israel.
''(c) For purposes of section 203 of the Trade Act of 1974 (19 U.S.C.
2253), the suspension of the reduction or elimination of a duty under
subsection (a) shall be treated as an increase in duty.
''(d) No proclamation which provides solely for a suspension referred
to in subsection (a) with respect to any article shall be made under
section 203 of the Trade Act of 1974 (19 U.S.C. 2253), unless the
Commission, in addition to making an affirmative determination with
respect to such article under section 202(b) of the Trade Act of 1974
(19 U.S.C. 2252(b)), determines in the course of its investigation under
that section that the serious injury (or threat thereof) substantially
caused by imports to the domestic industry producing a like or directly
competitive article results from the reduction or elimination of any
duty provided under any trade agreement provision entered into with
Israel under section 102(b)(1) of the Trade Act of 1974 (19 U.S.C.
2112(b)(1)).
''(e)(1) Any proclamation issued under section 203 of the Trade Act
of 1974 (19 U.S.C. 2253) that is in effect when an agreement with Israel
is entered into under section 102(b)(1) of the Trade Act of 1974 (19
U.S.C. 2112(b)(1)) shall remain in effect until modified or terminated.
''(2) If any article is subject to import relief at the time an
agreement is entered into with Israel under section 102(b)(1) of the
Trade Act of 1974 (19 U.S.C. 2112(b)(1)), the President may reduce or
terminate the application of such import relief to the importation of
such article before the otherwise scheduled date on which such reduction
or termination would occur pursuant to the criteria and procedures of
sections 203 and 204 of the Trade Act of 1974 (19 U.S.C. 2253, 2254).
''SEC. 404. FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES.
''(a) If a petition is filed with the Commission under the provisions
of section 202(a) of the Trade Act of 1974 (19 U.S.C. 2252(a))
regarding a perishable product which is subject to any reduction or
elimination of a duty imposed by the United States under a trade
agreement entered into with Israel under section 102(b)(1) of the Trade
Act of 1974 (19 U.S.C. 2112(b)(1)) and alleges injury from imports of
that product, then the petition may also be filed with the Secretary of
Agriculture with a request that emergency relief be granted under
subsection (c) with respect to such article.
''(b) Within 14 days after the filing of a petition under subsection
(a) --
''(1) if the Secretary of Agriculture has reason to believe that a
perishable product from Israel is being imported into the United States
in such increased quantities as to be a substantial cause of serious
injury, or the threat thereof, to the domestic industry producing a
perishable product like or directly competitive with the imported
product and that emergency action is warranted, he shall advise the
President and recommend that the President take emergency action; or
''(2) the Secretary of Agriculture shall publish a notice of his
determination not to recommend the imposition of emergency action and so
advise the petitioner.
''(c) Within 7 days after the President receives a recommendation
from the Secretary of Agriculture to take emergency action under
subsection (b), he shall issue a proclamation withdrawing the reduction
or elimination of duty provided to the perishable product under any
trade agreement provision entered into under section 102(b)(1) of the
Trade Act of 1974 (19 U.S.C. 2112(b)(1)) or publish a notice of his
determination not to take emergency action.
''(d) The emergency action provided under subsection (c) shall cease
to apply --
''(1) upon the taking of actions under section 203 of the Trade Act
of 1974 (19 U.S.C. 2253);
''(2) on the day a determination of the President under section 203
of such Act (19 U.S.C. 2253) not to take action becomes final;
''(3) in the event of a report of the Commission containing a
negative finding, on the day the Commission's report is submitted to the
President; or
''(4) whenever the President determines that because of changed
circumstances such relief is no longer warranted.
''(e) For purposes of this section, the term 'perishable product'
means any --
''(1) live plants and fresh cut flowers provided for in chapter 6 of
the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202,
hereinafter referred to as the 'HTS');
''(2) vegetables, edible nuts or fruit provided for in chapters 7 and
8, heading 1105, subheadings 1106.10.00 and 1106.30, heading 1202,
subheadings 1214.90.00 and 1704.90.60, headings 2001 through 2008
(excluding subheadings 2001.90.20 and 2004.90.10) and subheading
2103.20.40 of the HTS;
''(3) concentrated citrus fruit juice provided for in subheadings
2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the
HTS.
''(f) No trade agreement entered into with Israel under section
102(b)(1) of the Trade Act of 1974 (19 U.S.C. 2112(b)(1)) shall affect
fees imposed under section 22 of the Agricultural Adjustment Act (7
U.S.C. 624).
''SEC. 405. CONSTRUCTION OF TITLE.
''Neither the taking effect of any trade agreement provision entered
into with Israel under section 102(b)(1) (19 U.S.C. 2112(b)(1)), nor
any proclamation issued to implement any such provision, may affect in
any manner, or to any extent, the application to any Israeli articles of
section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), section
337 of title VII (probably should be ''title III'' of the Tariff Act of
1930 (19 U.S.C. 1337), chapter 1 of title II and chapter 1 of title III
of the Trade Act of 1974 (19 U.S.C. 2251 et seq., 2411 et seq.), or any
other provision of law under which relief from injury caused by import
competition or by unfair import trade practices may be sought.''
(Amendment of section 404 of Pub. L. 98-573 by section 1214(s)(4) of
Pub. L. 100-418 effective Jan. 1, 1989, and applicable with respect to
articles entered on or after such date, see section 1217(b)(1) of Pub.
L. 100-418, set out as an Effective Date note under section 3001 of this
title.)
(Amendment of sections 403 and 404 of Pub. L. 98-573 by section 1401
of Pub. L. 100-418 effective Aug. 23, 1988, and applicable with respect
to investigations initiated under part 1 ( 2251 et seq.) of subchapter
II of this chapter on or after that date, see section 1401(c) of Pub. L.
100-418, set out as an Effective Date of 1988 Amendment note under
section 2251 of this title.)
(The Harmonized Tariff Schedule of the United States is not set out
in the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.)
For provisions relating to Presidential determination regarding
multilateral trade negotiations and Presidential determination regarding
acceptance and application of certain international trade agreements,
see notes set out under section 2503 of this title.
Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, provided:
By virtue of the authority vested in me as President by the
Constitution and laws of the United States of America, including the
United States-Canada Free-Trade Agreement Implementation Act of 1988
(Public Law 100-449, 102 Stat. 1851) (''FTA Implementation Act'') (set
out as a note above), it is hereby ordered as follows:
Section 1. Publication of Proposed Rules regarding Technical
Standards. (a) In accordance with Articles 601(1) and 607 of the United
States-Canada Free-Trade Agreement (''Free-Trade Agreement''), each
agency subject to the provisions of the Administration (sic) Procedure
Act (5 U.S.C. section 551 et seq.) shall, in applying section 553 of
Title 5 of the United States Code with respect to any proposed Federal
standards-related measures or product approval procedures, publish or
serve notice of such measures or procedures not less than 75 days before
the comment due date, except where, in urgent circumstances, delay would
frustrate the achievement of a legitimate domestic objective.
(b) For purposes of this section:
(1) ''legitimate domestic objective'' means an objective whose
purpose is to protect health, safety, essential security, the
environment, or consumer interests;
(2) ''product approval'' means a Federal Government declaration that
a set of published criteria has been fulfilled and therefore that goods
are permitted to be used in a specific manner or for a specific purpose;
(3) ''standards'' and ''certification systems'' shall be defined in
accordance with the definitions for those terms set out in section 451
of the Trade (Agreement) Act of 1979, 19 U.S.C. section 2571; and
(4) ''standards-related measures'' include technical specifications,
technical regulations, standards and rules for certification systems
that apply to goods, and processes and production methods.
(c) This section shall not apply with respect to any proposed rules
related to agricultural, food, beverage, and certain related goods as
defined in Chapter Seven (Agriculture) of the Free-Trade Agreement.
Sec. 2. Establishment of United States Secretariat. Pursuant to
subsection 405(e) of the FTA Implementation Act, a ''United States
Secretariat'' shall be established within the International Trade
Administration of the Department of Commerce. The Secretariat shall
facilitate:
(1) the operation of Chapters 18 and 19 of the Free-Trade Agreement,
and
(2) the work of the binational panels and extraordinary challenge
committees convened under those Chapters.
Sec. 3. Acceptance by the President of Panel and Committee Decisions.
In accordance with subsection 401(c) of the FTA Implementation Act, in
the event that the provisions of subparagraph 516A(g)(7)(B) of the
Tariff Act of 1930, as amended, 19 U.S.C. section 1516a(g)(7)(B), take
effect, I accept, as a whole, all decisions of binational panels and
extraordinary challenge committees.
Sec. 4. Judicial Review. This Order does not create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any person.
Sec. 5. Effective Date. This Order shall take effect upon the entry
into force of the Free-Trade Agreement.
Ronald Reagan.
Memorandum of President of the United States, Feb. 11, 1991, 56 F.R.
6789, provided:
Memorandum for the United States Trade Representative
By virtue of the authority vested in me as President by the
Constitution and laws of the United States, including section 301 of
title 3 of the United States Code, you are hereby delegated the
authority to perform the functions necessary to fulfill the consultation
and lay-over requirements set forth in section 103(a)(1) through (4) of
the United States-Canada Free-Trade Agreement Implementation Act of 1988
(''the Act'') (Pub. L. 100-449, set out as a note above), including:
(1) obtaining advice from the appropriate advisory committees and the
U.S. International Trade Commission on the proposed implementation of an
action by Presidential proclamation;
(2) submitting a report on such action to the House Ways and Means
and Senate Finance Committees; and
(3) consulting with such committees during the 60-day period
following the date on which the requirements under (1) and (2) have been
met.
The President retains the sole authority under the Act to implement
an action by proclamation after the consultation and lay-over
requirements set forth in section 103(a)(1) through (4) have been met.
You are authorized and directed to publish this memorandum in the
Federal Register.
George Bush.
5342.
19 USC 2113. Overall negotiating objective
TITLE 19 -- CUSTOMS DUTIES
The overall United States negotiating objective under sections 2111
and 2112 of this title shall be to obtain more open and equitable market
access and the harmonization, reduction, or elimination of devices which
distort trade or commerce. To the maximum extent feasible, the
harmonization, reduction, or elimination of agricultural trade barriers
and distortions shall be undertaken in conjunction with the
harmonization, reduction, or elimination of industrial trade barriers
and distortions.
(Pub. L. 93-618, title I, 103, Jan. 3, 1975, 88 Stat. 1984.)
19 USC 2114. Sector negotiating objectives
TITLE 19 -- CUSTOMS DUTIES
(a) Obtaining equivalent competitive opportunities
A principal United States negotiating objective under sections 2111
and 2112 of this title shall be to obtain, to the maximum extent
feasible, with respect to appropriate product sectors of manufacturing,
and with respect to the agricultural sector, competitive opportunities
for United States exports to the developed countries of the world
equivalent to the competitive opportunities afforded in United States
markets to the importation of like or similar products, taking into
account all barriers (including tariffs) to and other distortions of
international trade affecting that sector.
(b) Conduct of negotiations on basis of appropriate product sectors
of manufacturing
As a means of achieving the negotiating objective set forth in
subsection (a) of this section, to the extent consistent with the
objective of maximizing overall economic benefit to the United States
(through maintaining and enlarging foreign markets for products of
United States agriculture, industry, mining, and commerce, through the
development of fair and equitable market opportunities, and through open
and nondiscriminatory world trade), negotiations shall, to the extent
feasible be conducted on the basis of appropriate product sectors of
manufacturing.
(c) Identification of appropriate product sectors of manufacturing
For the purposes of this section and section 2155 of this title, the
United States Trade Representative together with the Secretary of
Commerce, Agriculture, or Labor, as appropriate, shall, after
consultation with the Advisory Committee for Trade Negotiations
established under section 2155 of this title and after consultation with
interested private or non-Federal governmental organizations, identify
appropriate product sectors of manufacturing.
(d) Presidential analysis of how negotiating objectives are achieved
in each product sector by trade agreements
If the President determines that competitive opportunities in one or
more product sectors will be significantly affected by a trade agreement
concluded under section 2111 or 2112 of this title he shall submit to
the Congress with each such agreement an analysis of the extent to which
the negotiating objective set forth in subsection (a) of this section is
achieved by such agreement in each product sector or product sectors.
(Pub. L. 93-618, title I, 104, Jan. 3, 1975, 88 Stat. 1984; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381; Pub. L. 98-573, title III, 306(c)(2)(C)(i), Oct. 30, 1984, 98
Stat. 3012.)
''United States Trade Representative'' substituted for ''Special
Representative for Trade Negotiations'' in subsec. (c), pursuant to
Reorg. Plan No. 3 of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381,
eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No.
12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171
of this title. See, also, section 2171 of this title as amended by Pub.
L. 97-456.
1984 -- Subsec. (c). Pub. L. 98-573 inserted ''or non-Federal
governmental'' after ''private''.
19 USC 2114a. Negotiating objectives with respect to trade in
services, foreign direct investment, and high technology products
TITLE 19 -- CUSTOMS DUTIES
(a) Trade in services
(1) In general
Principal United States negotiating objectives under section 2112 of
this title shall be --
(A) to reduce or to eliminate barriers to, or other distortions of,
international trade in services (particularly United States service
sector trade in foreign markets), including barriers that deny national
treatment and restrictions on the establishment and operation in such
markets; and
(B) to develop internationally agreed rules, including dispute
settlement procedures, which --
(i) are consistent with the commercial policies of the United States,
and
(ii) will reduce or eliminate such barriers or distortions and help
ensure open international trade in services.
(2) Domestic objectives
In pursuing the objectives described in paragraph (1), United States
negotiators shall take into account legitimate United States domestic
objectives including, but not limited to, the protection of legitimate
health or safety, essential security, environmental, consumer or
employment opportunity interests and the laws and regulations related
thereto.
(b) Foreign direct investment
(1) In general
Principal United States negotiating objectives under section 2112 of
this title shall be --
(A) to reduce or to eliminate artificial or trade-distorting barriers
to foreign direct investment, to expand the principle of national
treatment, and to reduce unreasonable barriers to establishment; and
(B) to develop internationally agreed rules, including dispute
settlement procedures, which --
(i) will help ensure a free flow of foreign direct investment, and
(ii) will reduce or eliminate the trade distortive effects of certain
investment related measures.
(2) Domestic objectives
In pursuing the objectives described in paragraph (1), United States
negotiators shall take into account legitimate United States domestic
objectives including, but not limited to, the protection of legitimate
health or safety, essential security, environmental, consumer or
employment opportunity interests and the laws and regulations related
thereto.
(c) High technology products
Principal United States negotiating objectives shall be --
(1) to obtain and preserve the maximum openness with respect to
international trade and investment in high technology products and
related services;
(2) to obtain the elimination or reduction of, or compensation for,
the significantly distorting effects of foreign government acts,
policies, or practices identified in section 2241 of this title, with
particular consideration given to the nature and extent of foreign
government intervention affecting United States exports of high
technology products or investments in high technology industries,
including --
(A) foreign industrial policies which distort international trade or
investment;
(B) measures which deny national treatment or otherwise discriminate
in favor of domestic high technology industries;
(C) measures which fail to provide adequate and effective means for
foreign nationals to secure, exercise, and enforce exclusive rights in
intellectual property (including trademarks, patents, and copyrights);
(D) measures which impair access to domestic markets for key
commodity products; and
(E) measures which facilitate or encourage anticompetitive market
practices or structures;
(3) to obtain commitments that official policy of foreign countries
or instrumentalities will not discourage government or private
procurement of foreign high technology products and related services;
(4) to obtain the reduction or elimination of all tariffs on, and
other barriers to, United States exports of high technology products and
related services;
(5) to obtain commitments to foster national treatment;
(6) to obtain commitments to --
(A) foster the pursuit of joint scientific cooperation between
companies, institutions or governmental entities of the United States
and those of the trading partners of the United States in areas of
mutual interest through such measures as financial participation and
technical and personnel exchanges, and
(B) ensure that access by all participants to the results of any such
cooperative efforts should not be impaired; and
(7) to provide effective minimum safeguards for the acquisition and
enforcement of intellectual property rights and the property value of
proprietary data.
(d) Definition of barriers and other distortions
For purposes of subsection (a) of this section, the term ''barriers
to, or other distortions of, international trade in services'' includes,
but is not limited to --
(1) barriers to establishment in foreign markets, and
(2) restrictions on the operation of enterprises in foreign markets,
including --
(A) direct or indirect restrictions on the transfer of information
into, or out of, the country or instrumentality concerned, and
(B) restrictions on the use of data processing facilities within or
outside of such country or instrumentality.
(Pub. L. 93-618, title I, 104A, as added Pub. L. 98-573, title III,
305(a)(1), Oct. 30, 1984, 98 Stat. 3006.)
19 USC 2114b. Provisions relating to international trade in services
TITLE 19 -- CUSTOMS DUTIES
(1) The Secretary of Commerce shall establish a service industries
development program designed to --
(A) develop, in consultation with other Federal agencies as
appropriate, policies regarding services that are designed to increase
the competitiveness of United States service industries in foreign
commerce;
(B) develop a data base for assessing the adequacy of Government
policies and actions pertaining to services, including, but not limited
to, data on trade, both aggregate and pertaining to individual service
industries;
(C) collect and analyze, in consultation with appropriate agencies,
information pertaining to the international operations and
competitiveness of United States service industries, including
information with respect to --
(i) policies of foreign governments toward foreign and United States
service industries;
(ii) Federal, State, and local regulation of both foreign and United
States suppliers of services, and the effect of such regulation on
trade;
(iii) the adequacy of current United States policies to strengthen
the competitiveness of United States service industries in foreign
commerce, including export promotion activities in the service sector;
(iv) tax treatment of services, with particular emphasis on the
effect of United States taxation on the international competitiveness of
United States firms and exports;
(v) treatment of services under international agreements of the
United States;
(vi) antitrust policies as such policies affect the competitiveness
of United States firms; and
(vii) treatment of services in international agreements of the United
States;
(D) conduct a program of research and analysis of service-related
issues and problems, including forecasts and industrial strategies; and
(E) conduct sectoral studies of domestic service industries.
(2) For purposes of the collection and analysis required by paragraph
(1), and for the purpose of any reporting the Department of Commerce
makes under paragraph (3), such collection and reporting shall
distinguish between income from investment and income from noninvestment
services.
(3) On not less than a biennial basis beginning in 1986, the
Secretary shall prepare a report which analyzes the information
collected under paragraph (1). Such report shall be submitted to the
Congress and to the President by not later than the date that is 120
days after the close of the period covered by the report.
(4) The Secretary of Commerce shall carry out the provisions of this
subsection from funds otherwise made available to him which may be used
for such purposes.
(5) For purposes of this section, the term ''services'' means
economic activities whose outputs are other than tangible goods. Such
term includes, but is not limited to, banking, insurance,
transportation, communications and data processing, retail and wholesale
trade, advertising, accounting, construction, design and engineering,
management consulting, real estate, professional services,
entertainment, education, health care, and tourism.
(Pub. L. 98-573, title III, 306(a), Oct. 30, 1984, 98 Stat. 3008.)
Section was enacted as part of the International Trade and Investment
Act, and also as part of the Trade and Tariff Act of 1984, and not as
part of the Trade Act of 1974 which comprises this chapter.
Section is comprised of subsec. (a) of section 306 of Pub. L.
98-573. Subsec. (b) of such section amended sections 3101, 3103, and
3104 of Title 22, Foreign Relations and Intercourse, and enacted a
provision set out as a note under section 3101 of Title 22, subsec.
(c)(1), (2)(A) of such section is classified to section 2114c of this
title, and subsec. (c)(2)(B), (C) of such section amended sections
2114, 2155, 2413, and 2414 of this title.
19 USC 2114c. Trade in services: development, coordination, and
implementation of Federal policies; staff support and other assistance;
specific service sector authorities unaffected; executive functions
TITLE 19 -- CUSTOMS DUTIES
(1)(A) The United States Trade Representative, through the
interagency trade organization established pursuant to section 1872(a)
of this title or any subcommittee thereof, shall, in conformance with
this Act and other provisions of law, develop (and coordinate the
implementation of) United States policies concerning trade in services.
(B) In order to encourage effective development, coordination, and
implementation of United States policies on trade in services --
(i) each department or agency of the United States responsible for
the regulation of any service sector industry shall, as appropriate,
advise and work with the United States Trade Representative concerning
matters that have come to the department's or agency's attention with
respect to --
(I) the treatment afforded United States service sector interest in
foreign markets; or
(II) allegations of unfair practices by foreign governments or
companies in a service sector; and
(ii) the Department of Commerce, together with other appropriate
agencies as requested by the United States Trade Representative, shall
provide staff support and other assistance for negotiations on
service-related issues by the United States Trade Representatives /1/
and the domestic implementation of service-related agreements.
(C) Nothing in this paragraph shall be construed to alter any
existing authority or responsibility with respect to any specific
service sector.
(2)(A) /2/ The President shall, as he deems appropriate --
(i) consult with State governments on issues of trade policy,
including negotiating objectives and implementation of trade agreements,
affecting the regulatory authority of non-Federal governments, or their
procurement of goods and services;
(ii) establish one or more intergovernmental policy advisory
committees on trade which shall serve as a principal forum in which
State and local governments may consult with the Federal Government with
respect to the matters described in clause (i); and
(iii) provide to State and local governments and to United States
service industries, upon their request, advice, assistance, and (except
as may be otherwise prohibited by law) data, analyses, and information
concerning United States policies on international trade in services.
(Pub. L. 98-573, title III, 306(c)(1), (2)(A), Oct. 30, 1984, 98
Stat. 3010, 3011.)
This Act, referred to in par. (1)(A), is Pub. L. 98-573, Oct. 30,
1984, 98 Stat. 2984, known as the Trade and Tariff Act of 1984. For
classification of this Act to the Code, see Short Title of 1984
Amendment note set out under section 1654 of this title and Tables.
Section was enacted as part of the International Trade and Investment
Act, and also as part of the Trade and Tariff Act of 1984, and not as
part of the Trade Act of 1974 which comprises this chapter.
Section is comprised of subsec. (c)(1), (2)(A) of section 306 of
Pub. L. 98-573. Subsec. (a) of such section is classified to section
2114(b) of this title, subsec. (b) of such section amended sections
3101, 3103, and 3104 of Title 22, Foreign Relations and Intercourse, and
enacted a provision set out as a note under section 3101 of Title 22,
and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155,
2413, and 2414 of this title.
/1/ So in original. Probably should be ''Representative''.
/2/ See Codification note below.
19 USC 2114d. Foreign export requirements; consultations and
negotiations for reduction and elimination; restrictions on and
exclusion from entry of products or services; savings provision;
compensation authority applicable
TITLE 19 -- CUSTOMS DUTIES
(1) If the United States Trade Representative, with the advice of the
committee established by section 1872 of this title, determines that
action by the United States is appropriate to respond to any export
performance requirements of any foreign country or instrumentality that
adversely affect the economic interests of the United States, then the
United States Trade Representative shall seek to obtain the reduction
and elimination of such export performance requirements through
consultations and negotiations with the foreign country or
instrumentality concerned.
(2) In addition to the action referred to in subsection (1), the
United States Trade Representative may impose duties or other import
restrictions on the products or services of such foreign country or
instrumentality for such time as he determines appropriate, including
the exclusion from entry into the United States of products subject to
such requirements.
(3) Nothing in paragraph (2) shall apply to any products or services
with respect to which --
(A) any foreign direct investment (including a purchase of land or
facilities) has been made directly or indirectly by any United States
person before October 30, 1984, or
(B) any written commitment relating to a foreign direct investment
that is binding on October 30, 1984, has been made directly or
indirectly by any United States person.
(4) Whenever the international obligations of the United States and
actions taken under paragraph (2) make compensation necessary or
appropriate, compensation may be provided by the United States Trade
Representative subject to the limitations and conditions contained in
section 2133 of this title for providing compensation for actions taken
under section 2253 of this title.
(Pub. L. 98-573, title III, 307(b), Oct. 30, 1984, 98 Stat. 3012;
Pub. L. 99-514, title XVIII, 1889(5), Oct. 22, 1986, 100 Stat. 2926.)
Section was enacted as part of the International Trade and Investment
Act, and also as part of the Trade and Tariff Act of 1984, and not as
part of the Trade Act of 1974 which comprises this chapter.
Section is comprised of subsec. (b) of section 307 of Pub. L.
98-573. Subsec. (a) of such section amended section 2112(g)(3) of this
title.
1986 -- Par. (3). Pub. L. 99-514 struck out ''or paragraph (3)''
after ''paragraph (2)''.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
19 USC 2114e. Negotiation of agreements concerning high technology
industries
TITLE 19 -- CUSTOMS DUTIES
The President may enter into such bilateral or multilateral
agreements as may be necessary or appropriate to achieve the objectives
of this section and the negotiating objectives under section 2114a(c) of
this title.
(Pub. L. 98-573, title III, 308(a), Oct. 30, 1984, 98 Stat. 3013.)
This section, referred to in text, means section 308 of Pub. L.
98-573. See Codification note below.
Section was enacted as part of the International Trade and Investment
Act, and also as part of the Trade and Tariff Act of 1984, and not as
part of the Trade Act of 1974 which comprises this chapter.
Section is comprised of subsec. (a) of section 308 of Pub. L.
98-573. Subsec. (b) of such section 308 enacted section 2138 of this
title.
19 USC 2115. Bilateral trade agreements
TITLE 19 -- CUSTOMS DUTIES
If the President determines that bilateral trade agreements will more
effectively promote the economic growth of, and full employment in, the
United States, then, in such cases, a negotiating objective under
sections 2111 and 2112 of this title shall be to enter into bilateral
trade agreements. Each such trade agreement shall provide for mutually
advantageous economic benefits.
(Pub. L. 93-618, title I, 105, Jan. 3, 1975, 88 Stat. 1984.)
19 USC 2116. Agreements with developing countries
TITLE 19 -- CUSTOMS DUTIES
A United States negotiating objective under sections 2111 and 2112 of
this title shall be to enter into trade agreements which promote the
economic growth of both developing countries and the United States and
the mutual expansion of market opportunities.
(Pub. L. 93-618, title I, 106, Jan. 3, 1975, 88 Stat. 1985.)
19 USC 2117. International safeguard procedures
TITLE 19 -- CUSTOMS DUTIES
(a) Harmonization, reduction, or elimination of barriers and
distortions affecting international trade; use of temporary measures
A principal United States negotiating objective under section 2112 of
this title shall be to obtain internationally agreed upon rules and
procedures, in the context of the harmonization, reduction, or
elimination of barriers to, and other distortions of, international
trade, which permit the use of temporary measures to ease adjustment to
changes occurring in competitive conditions in the domestic markets of
the parties to an agreement resulting from such negotiations due to the
expansion of international trade.
(b) Permissible provisions
Any agreement entered into under section 2112 of this title may
include provisions establishing procedures for --
(1) notification of affected exporting countries,
(2) international consultations,
(3) international review of changes in trade flows,
(4) making adjustments in trade flows as the result of such changes,
and
(5) international mediation.
Such agreements may also include provisions which --
(A) exclude, under specified conditions, the parties thereto from
compensation obligations and retaliation, and
(B) permit domestic public procedures through which interested
parties have the right to participate.
(Pub. L. 93-618, title I, 107, Jan. 3, 1975, 88 Stat. 1985.)
19 USC 2118. Access to supplies
TITLE 19 -- CUSTOMS DUTIES
(a) Fair and equitable access
A principal United States negotiating objective under section 2112 of
this title shall be to enter into trade agreements with foreign
countries and instrumentalities to assure the United States of fair and
equitable access at reasonable prices to supplies of articles of
commerce which are important to the economic requirements of the United
States and for which the United States does not have, or cannot easily
develop, the necessary domestic productive capacity to supply its own
requirements.
(b) Continued availability; reciprocal concessions; comparable
trade obligations
Any agreement entered into under section 2112 of this title may
include provisions which --
(1) assure to the United States the continued availability of
important articles at reasonable prices, and
(2) provide reciprocal concessions or comparable trade obligations,
or both, by the United States.
(Pub. L. 93-618, title I, 108, Jan. 3, 1975, 88 Stat. 1985.)
19 USC 2119. Staging requirements and rounding authority
TITLE 19 -- CUSTOMS DUTIES
(a) Maximum aggregate reductions in rates of duty
Except as otherwise provided in this section, the aggregate reduction
in the rate of duty on any article which is in effect on any day
pursuant to a trade agreement under section 2111 of this title shall not
exceed the aggregate reduction which would have been in effect on such
day if --
(1) a reduction of 3 percent ad valorem or a reduction of one-tenth
of the total reduction, whichever is greater, had taken effect on the
effective date of the first reduction proclaimed pursuant to section
2111(a)(2) of this title to carry out such agreement with respect to
such article, and
(2) a reduction equal to the amount applicable under paragraph (1)
had taken effect at 1-year intervals after the effective date of such
first reduction.
This subsection shall not apply in any case where the total reduction
in the rate of duty does not exceed 10 percent of the rate before the
reduction.
(b) Simplification of computation
If the President determines that such action will simplify the
computation of the amount of duty imposed with respect to an article, he
may exceed the limitation provided by section 2111(b) of this title or
subsection (a) of this section by not more than whichever of the
following is lesser:
(1) the difference between the limitation and the next lower whole
number, or
(2) one-half of 1 percent ad valorem.
(c) Ten-year period for commencement of reductions in rates of duty
(1) No reduction in the rate of duty on any article pursuant to a
trade agreement under section 2111 of this title shall take effect more
than 10 years after the effective date of the first reduction proclaimed
to carry out such trade agreement with respect to such article.
(2) If any part of a reduction takes effect, then any time thereafter
during which any part of the reduction is not in effect by reason of
legislation of the United States or action thereunder, the effect of
which is to maintain or increase the rate of duty on an article, shall
be excluded in determining --
(A) the 1-year intervals referred to in subsection (a)(2) of this
section, and
(B) the expiration of the 10-year period referred to in paragraph (1)
of this subsection.
(Pub. L. 93-618, title I, 109, Jan. 3, 1975, 88 Stat. 1985; Pub.
L. 96-39, title XI, 1106(c)(3), July 26, 1979, 93 Stat. 312.)
1979 -- Subsec. (c)(2). Pub. L. 96-39 substituted ''any part of the
reduction'' for ''such part of the reduction''.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
Section 503 of Pub. L. 96-39 provided that:
''(a) In General. -- The aggregate reduction in the rate of duty
applicable to items described in this subsection in effect on any day
pursuant to a trade agreement entered into under section 101 of the
Trade Act of 1974 (19 U.S.C. 2111) before January 3, 1980, may exceed
the limitation in section 109(a) of such Act (19 U.S.C. 2119):
''(1) Items amended under section 223(d) of this Act (items 402.00 to
413.51 of the Tariff Schedules) to the extent that they apply to
articles which the President determines were not imported into the
United States before January 1, 1978, and were not produced in the
United States before May 1, 1978.
''(2)(A) Items to the extent that they apply to articles which the
President determines are not import sensitive and are the product of a
least developed developing country as defined in the United Nations
General Assembly list of ''Least Developed Countries'' and which are
beneficiary developing countries under section 502 of the Trade Act of
1974 (19 U.S.C. 2462).
''(B) The President may at any time suspend the treatment accorded
under subparagraph (A) in which case the aggregate reduction in effect
for such products shall be the reduction in effect for countries other
than least developed developing countries.
''(3) Item 628.57. Notwithstanding the first sentence of this
subsection, the limitation in section 109(a) of the Trade Act of 1974
may be exceeded only to the extent necessary to permit an aggregate
reduction of 4.8 percent ad valorem in the rate of duty in effect under
such item during the first 1-year period after the effective date of the
first reduction in the rate of duty proclaimed for such item.
''(4) Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and
429.47.
''(5) Items 306.31, 306.32, 306.33, and 306.34. Notwithstanding
subsection (a), the limitation in section 109(a) of the Trade Act of
1974 may be exceeded only to the extent necessary to permit the total
reduction proclaimed under section 101 of the Trade Act of 1974 relating
to such item to take effect within 2 years after the effective date of
the first reduction in the rate of duty proclaimed for such item.
''(6) Items for which the President determines the effective date of
the first reduction will be after June 30, 1980, and before January 1,
1981, to the extent necessary to permit the second reduction to take
effect on January 1, 1981.
''(b) Opportunity for Comment. -- Before making any determination
under subsection (a)(1) and (2), the President shall provide interested
parties an opportunity to comment and shall publish his final
determinations in the Federal Register before July 1, 1980.''
19 USC Part 2 -- Other Authority
TITLE 19 -- CUSTOMS DUTIES
19 USC 2131. Authorization of appropriation for GATT revision
TITLE 19 -- CUSTOMS DUTIES
There are authorized to be appropriated annually such sums as may be
necessary for the payment by the United States of its share of the
expenses of the Contracting Parties to the General Agreement on Tariffs
and Trade. This authorization does not imply approval or disapproval by
the Congress of all articles of the General Agreement on Tariffs and
Trade.
(Pub. L. 93-618, title I, 121, Jan. 3, 1975, 88 Stat. 1986; Pub.
L. 96-39, title XI, 1106(c)(2), July 26, 1979, 93 Stat. 311; Pub. L.
100-418, title I, 1107(b)(2), Aug. 23, 1988, 102 Stat. 1135; Pub. L.
100-647, title IX, 9001(a)(1), Nov. 10, 1988, 102 Stat. 3806.)
1988 -- Pub. L. 100-647 substituted ''There are'' for ''(d) There
are''.
Subsecs. (a) to (c). Pub. L. 100-418 struck out subsec. (a) which
provided for bringing existing trade agreements into conformity with
principles promoting open, nondiscriminatory, and fair world economic
system, subsec. (b) which provided for agreements with foreign
countries or instrumentalities, and subsec. (c) which provided for
changes in Federal law through legislation implementing trade
agreements.
1979 -- Subsec. (c). Pub. L. 96-39 substituted ''Such trade
agreement may be entered into under section 2112 of this title'' for
''Such trade agreement may be submitted to the Congress for approval in
accordance with the procedures of section 2191 of this title''.
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
19 USC 2132. Balance-of-payments authority
TITLE 19 -- CUSTOMS DUTIES
(a) Presidential proclamations of temporary import surcharges and
temporary limitations on imports through quotas in situations of
fundamental international payments problems
Whenever fundamental international payments problems require special
import measures to restrict imports --
(1) to deal with large and serious United States balance-of-payments
deficits.
(2) to prevent an imminent and significant depreciation of the dollar
in foreign exchange markets, or
(3) to cooperate with other countries in correcting an international
balance-of-payments disequilibrium,
the President shall proclaim, for a period not exceeding 150 days
(unless such period is extended by Act of Congress) --
(A) a temporary import surcharge, not to exceed 15 percent ad
valorem, in the form of duties (in addition to those already imposed, if
any) on articles imported into the United States;
(B) temporary limitations through the use of quotas on the
importation of articles into the United States; or
(C) both a temporary import surcharge described in subparagraph (A)
and temporary limitations described in subparagraph (B).
The authority delegated under subparagraph (B) (and so much of
subparagraph (C) as relates to subparagraph (B)) may be exercised (i)
only if international trade or monetary agreements to which the United
States is a party permit the imposition of quotas as a
balance-of-payments measure, and (ii) only to the extent that the
fundamental imbalance cannot be dealt with effectively by a surcharge
proclaimed pursuant to subparagraph (A) or (C). Any temporary import
surcharge proclaimed pursuant to subparagraph (A) or (C) shall be
treated as a regular customs duty.
(b) Import restrictions not imposed when contrary to national
interest of United States
If the President determines that the imposition of import
restrictions under subsection (a) of this section will be contrary to
the national interest of the United States, then he may refrain from
proclaiming such restrictions and he shall --
(1) immediately inform Congress of his determination, and
(2) immediately convene the group of congressional official advisers
designated under section 2211(a) of this title and consult with them as
to the reasons for such determination.
(c) Presidential proclamations liberalizing imports
Whenever the President determines that fundamental international
payments problems require special import measures to increase imports --
(1) to deal with large and persistent United States balance-of-trade
surpluses, as determined on the basis of the cost-insurance-freight
value of imports, as reported by the Bureau of the Census, or
(2) to prevent significant appreciation of the dollar in foreign
exchange markets,
the President is authorized to proclaim, for a period of 150 days
(unless such period is extended by Act of Congress) --
(A) a temporary reduction (of not more than 5 percent ad valorem) in
the rate of duty on any article; and
(B) a temporary increase in the value or quantity of articles which
may be imported under any import restriction, or a temporary suspension
of any import restriction.
Import liberalizing actions proclaimed pursuant to this subsection
shall be of broad and uniform application with respect to product
coverage except that the President shall not proclaim measures under
this subsection with respect to those articles where in his judgment
such action will cause or contribute to material injury to firms or
workers in any domestic industry, including agriculture, mining,
fishing, or commerce, or to impairment of the national security, or will
otherwise be contrary to the national interest.
(d) Nondiscriminatory treatment of import restricting actions
(1) Import restricting actions proclaimed pursuant to subsection (a)
of this section shall be applied consistently with the principle of
nondiscriminatory treatment. In addition, any quota proclaimed pursuant
to subparagraph (B) of subsection (a) of this section shall be applied
on a basis which aims at a distribution of trade with the United States
approaching as closely as possible that which various foreign countries
might have expected to obtain in the absence of such restrictions.
(2) Notwithstanding paragraph (1), if the President determines that
the purposes of this section will best be served by action against one
or more countries having large or persistent balance-of-payments
surpluses, he may exempt all other countries from such action.
(3) After such time when there enters into force for the United
States new rules regarding the application of surcharges as part of a
reform of internationally agreed balance-of-payments adjustment
procedures, the exemption authority contained in paragraph (2) shall be
applied consistently with such new international rules.
(4) It is the sense of Congress that the President seek modifications
in international agreements aimed at allowing the use of surcharges in
place of quantitative restrictions (and providing rules to govern the
use of such surcharges) as a balance-of-payments adjustment measure
within the context of arrangements for an equitable sharing of
balance-of-payments adjustment responsibility among deficit and surplus
countries.
(e) Broad and uniform application of import restricting actions
Import restricting actions proclaimed pursuant to subsection (a) of
this section shall be of broad and uniform application with respect to
product coverage except where the President determines, consistently
with the purposes of this section, that certain articles should not be
subject to import restricting actions because of the needs of the United
States economy. Such exceptions shall be limited to the unavailability
of domestic supply at reasonable prices, the necessary importation of
raw materials, avoiding serious dislocations in the supply of imported
goods, and other similar factors. In addition, uniform exceptions may
be made where import restricting actions will be unnecessary or
ineffective in carrying out the purposes of this section, such as with
respect to articles already subject to import restrictions, goods in
transit, or goods under binding contract. Neither the authorization of
import restricting actions nor the determination of exceptions with
respect to product coverage shall be made for the purpose of protecting
individual domestic industries from import competition.
(f) Quantitative limitations
Any quantitative limitation proclaimed pursuant to subparagraph (B)
or (C) of subsection (a) of this section on the quantity or value, or
both, of an article --
(1) shall permit the importation of a quantity or value which is not
less than the quantity or value of such article imported into the United
States from the foreign countries to which such limitation applies
during the most recent period which the President determines is
representative of imports of such article, and
(2) shall take into account any increase since the end of such
representative period in domestic consumption of such article and like
or similar articles of domestic manufacture or production.
(g) Suspension, modification, or termination of proclamations
The President may at any time, consistent with the provisions of this
section, suspend, modify, or terminate, in whole or in part, any
proclamation under this section either during the initial 150-day period
of effectiveness or as extended by subsequent Act of Congress.
(h) Termination of tariff concessions
No provision of law authorizing the termination of tariff concessions
shall be used to impose a surcharge on imports into the United States.
(Pub. L. 93-618, title I, 122, Jan. 3, 1975, 88 Stat. 1987.)
19 USC 2133. Compensation authority
TITLE 19 -- CUSTOMS DUTIES
(a) New concessions
Whenever --
(1) any action taken under part 1 of subchapter II of this chapter or
subchapter III of this chapter; or
(2) any judicial or administrative tariff reclassification that
becomes final after August 23, 1988;
increases or imposes any duty or other import restriction, the
President --
(A) may enter into trade agreements with foreign countries or
instrumentalities for the purpose of granting new concessions as
compensation in order to maintain the general level of reciprocal and
mutually advantageous concessions; and
(B) may proclaim such modification or continuance of any existing
duty, or such continuance of existing duty-free or excise treatment, as
he determines to be required or appropriate to carry out any such
agreement.
(b) Reductions in rates of duty
(1) No proclamation shall be made pursuant to subsection (a) of this
section decreasing any rate of duty to a rate which is less than 70
percent of the existing rate of duty.
(2) Where the rate of duty in effect at any time is an intermediate
stage under section 2902(a) of this title, the proclamation made
pursuant to subsection (a) of this section may provide for the reduction
of each rate of duty at each such stage proclaimed under such section
2902(a) of this title by not more than 30 percent of such rate of duty,
and may provide for a final rate of duty which is not less than 70
percent of the rate of duty proclaimed as the final stage under such
section 2902(a) of this title.
(3) If the President determines that such action will simplify the
computation of the amount of duty imposed with respect to an article, he
may exceed the limitations provided by paragraphs (1) and (2) of this
subsection by not more than the lesser of --
(A) the difference between such limitation and the next lower whole
number, or
(B) one-half of 1 percent ad valorem.
(4) Any concessions granted under subsection (a)(1) of this section
shall be reduced and terminated according to substantially the same time
schedule for reduction applicable to the relevant action under sections
2253(e) and 2254 of this title.
(c) Consideration of past violations of trade concessions
Before entering into any trade agreement under this section with any
foreign country or instrumentality, the President shall consider whether
such country or instrumentality has violated trade concessions of
benefit to the United States and such violation has not been adequately
offset by the action of the United States or by such country or
instrumentality.
(d) Basic authority for trade agreements as authority for granting
new concessions as compensation
Notwithstanding the provisions of subsection (a) of this section, the
authority delegated under section 2902 of this title shall be used for
the purpose of granting new concessions as compensation within the
meaning of this section until such authority terminates.
(e) International obligations determination prerequisite to
application of authority
The provisions of this section shall apply by reason of action taken
under subchapter III of this chapter only if the President determines
that action authorized under this section is necessary or appropriate to
meet the international obligations of the United States.
(Pub. L. 93-618, title I, 123, Jan. 3, 1975, 88 Stat. 1989; Pub.
L. 100-418, title I, 1104, 1401(b)(1)(A), Aug. 23, 1988, 102 Stat.
1132, 1239.)
1988 -- Subsec. (a). Pub. L. 100-418, 1104(1), amended subsec. (a)
generally. Prior to amendment, subsec. (a) read as follows:
''Whenever any action has been taken under section 2253 of this title to
increase or impose any duty or other import restriction, the President
--
''(1) may enter into trade agreements with foreign countries or
instrumentalities for the purpose of granting new concessions as
compensation in order to maintain the general level of reciprocal and
mutually advantageous concessions; and
''(2) may proclaim such modification or continuance of any existing
duty, or such continuance of existing duty-free or excise treatment, as
he determines to be required or appropriate to carry out any such
agreement.''
Subsec. (b)(2). Pub. L. 100-418, 1104(2), substituted ''section
2902(a)'' for ''section 2119'' and ''such section 2902(a)'' for
''section 2111'' in two places.
Subsec. (b)(4). Pub. L. 100-418, 1401(b)(1)(A), substituted ''action
under sections 2253(e) and 2254 of this title'' for ''import relief
under section 2253(h) of this title''.
Subsec. (d). Pub. L. 100-418, 1104(3), substituted ''section 2902''
for ''section 2111''.
Subsec. (e). Pub. L. 100-418, 1104(4), added subsec. (e).
Amendment by section 1401(b)(1)(A) of Pub. L. 100-418 effective Aug.
23, 1988, and applicable with respect to investigations initiated under
part 1 ( 2251 et seq.) of subchapter III of this chapter on or after
that date, see section 1401(c) of Pub. L. 100-418, set out as a note
under section 2251 of this title.
19 USC 2134. Two-year residual authority to negotiate duties
TITLE 19 -- CUSTOMS DUTIES
(a) Trade agreements
Whenever the President determines that any existing duties or other
import restrictions of any foreign country or the United States are
unduly burdening and restricting the foreign trade of the United States
and that the purposes of this chapter will be promoted thereby, the
President --
(1) may enter into trade agreements with foreign countries or
instrumentalities thereof, and
(2) may proclaim such modification or continuance of any existing
duty, such continuance of existing duty-free or excise treatment, or
such additional duties, as he determines to be required or appropriate
to carry out any such trade agreement.
(b) Maximum volume of imported articles subject to reduction of
duties or continuance of duty-free or excise treatment
Agreements entered into under this section in any 1-year period shall
not provide for the reduction of duties, or the continuance of duty-free
or excise treatment, for articles which account for more than 2 percent
of the value of United States imports for the most recent 12-month
period for which import statistics are available.
(c) Maximum reduction in duties
(1) No proclamation shall be made pursuant to subsection (a) of this
section decreasing any rate of duty to a rate which is less than 80
percent of the existing rate of duty.
(2) No proclamation shall be made pursuant to subsection (a) of this
section decreasing or increasing any rate of duty to a rate which is
lower or higher than the corresponding rate which would have resulted if
the maximum authority granted by section 2111 of this title with respect
to such article had been exercised.
(3) Where the rate of duty in effect at any time is an intermediate
stage under section 2119 of this title, the proclamation made pursuant
to subsection (a) of this section may provide for the reduction of each
rate of duty at each such stage proclaimed under section 2111 of this
title by not more than 20 percent of such rate of duty, and, subject to
the limitation in paragraph (2), may provide for a final rate of duty
which is not less than 80 percent of the rate of duty proclaimed as the
final stage under section 2111 of this title.
(4) If the President determines that such action will simplify the
computation of the amount of duty imposed with respect to an article, he
may exceed the limitations provided by paragraphs (1) and (2) of this
subsection by not more than the lesser of --
(A) the difference between such limitation and the next lower whole
number, or
(B) one-half of 1 percent ad valorem.
(d) Two-year period of authority
Agreements may be entered into under this section only during the
2-year period which immediately follows the close of the period during
which agreements may be entered into under section 2111 of this title.
(Pub. L. 93-618, title I, 124, Jan. 3, 1975, 88 Stat. 1990.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
19 USC 2135. Termination and withdrawal authority
TITLE 19 -- CUSTOMS DUTIES
(a) Grant of authority for termination or withdrawal at end of period
specified in agreement
Every trade agreement entered into under this chapter shall be
subject to termination, in whole or in part, or withdrawal, upon due
notice, at the end of a period specified in the agreement. Such period
shall be not more than 3 years from the date on which the agreement
becomes effective. If the agreement is not terminated or withdrawn from
at the end of the period so specified, it shall be subject to
termination or withdrawal thereafter upon not more than 6 months'
notice.
(b) Authority to terminate proclamations at any time
The President may at any time terminate, in whole or in part, any
proclamation made under this chapter.
(c) Increased duties or other import restrictions following
withdrawal, suspension, or modification of obligations with respect to
trade of foreign countries or instrumentalities
Whenever the United States, acting in pursuance of any of its rights
or obligations under any trade agreement entered into pursuant to this
chapter, section 1821 of this title, or section 1351 of this title,
withdraws, suspends, or modifies any obligation with respect to the
trade of any foreign country or instrumentality thereof, the President
is authorized to proclaim increased duties or other import restrictions,
to the extent, at such times, and for such periods as he deems necessary
or appropriate, in order to exercise the rights or fulfill the
obligations of the United States. No proclamation shall be made under
this subsection increasing any existing duty to a rate more than 50
percent above the rate set forth in rate column numbered 2 of the Tariff
Schedules of the United States, as in effect on January 1, 1975, or 20
percent ad valorem above the rate existing on January 1, 1975, whichever
is higher.
(d) Retaliatory authority
Whenever any foreign country or instrumentality withdraws, suspends,
or modifies the application of trade agreement obligations of benefit to
the United States without granting adequate compensation therefor, the
President, in pursuance of rights granted to the United States under any
trade agreement and to the extent necessary to protect United States
economic interests (including United States balance of payments), may --
(1) withdraw, suspend, or modify the application of substantially
equivalent trade agreement obligations of benefit to such foreign
country or instrumentality, and
(2) proclaim under subsection (c) of this section such increased
duties or other import restrictions as are appropriate to effect
adequate compensation from such foreign country or instrumentality.
(e) Continuation of duties or other import restrictions after
termination of or withdrawal from agreements
Duties or other import restrictions required or appropriate to carry
out any trade agreement entered into pursuant to this chapter, section
1821 of this title, or section 1351 of this title shall not be affected
by any termination, in whole or in part, of such agreement or by the
withdrawal of the United States from such agreement and shall remain in
effect after the date of such termination or withdrawal for 1 year,
unless the President by proclamation provides that such rates shall be
restored to the level at which they would be but for the agreement.
Within 60 days after the date of any such termination or withdrawal, the
President shall transmit to the Congress his recommendations as to the
appropriate rates of duty for all articles which were affected by the
termination or withdrawal or would have been so affected but for the
preceding sentence.
(f) Public hearings
Before taking any action pursuant to subsection (b), (c), or (d) of
this section, the President shall provide for a public hearing during
the course of which interested persons shall be given a reasonable
opportunity to be present, to produce evidence, and to be heard, unless
he determines that such prior hearings will be contrary to the national
interest because of the need for expeditious action, in which case he
shall provide for a public hearing promptly after such action.
(Pub. L. 93-618, title I, 125, Jan. 3, 1975, 88 Stat. 1991.)
This chapter, referred to in subsecs. (b), (c), (e), was in the
original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
1978, as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see References in Text
note set out under section 2101 of this title and Tables.
The Tariff Schedules of the United States, referred to in subsec.
(c), to be treated as a reference to the Harmonized Tariff Schedule
pursuant to section 3012 of this title. The Harmonized Tariff Schedule
is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
Pub. L. 96-39, title V, 502(b), July 26, 1979, 93 Stat. 251,
provided that: ''For purposes of section 125 (19 U.S.C. 2135) of the
Trade Act of 1974 the amendments made under sections 508, 511, 512, and
513 (amending items 135.41, 135.42, 750.26, 750.27, 750.28, 870.45,
905.10, and 905.11 of the Tariff Schedules of the United States. See
Publication of Tariff Schedules note under section 1202 of this title)
not including the rates of duty appearing in rate column numbered 2, if
any, shall be considered to be trade agreement obligations entered into
under the Trade Act of 1974 (this chapter), of benefit to foreign
countries or instrumentalities.''
Pub. L. 96-39, title VI, 601(b), July 26, 1979, 93 Stat. 268,
provided that: ''For purposes of section 125 of the Trade Act of 1974
(this section), the amendments made under subsection (a), if any
(amending the Tariff Schedules of the United States with regard to civil
aircraft (see Publication of Tariff Schedules note under section 1202),
and, amending section 1466 of this title), shall be considered to be
trade agreement obligations entered into under the Trade Act of 1974
(this chapter) of benefit to foreign countries or instrumentalities.''
Rates of duty proclaimed under section 855(a) of Pub. L. 96-39
(covering spirits, spiritous beverages, and beverage preparations) to be
deemed, for purposes of this section, a trade agreement obligation which
is of benefit to a foreign country or instrumentality, and, in the case
of any item affected by such a proclamation, the last sentence of
subsec. (c) of this section to be applied as if it authorized (in
addition to any increase authorized therein) an increase up to the rate
of duty for such item set forth in rate column numbered 1 of subpart D
of part 12 of schedule 1 of the Tariff Schedules of the United States
(see Publication of Tariff Schedules note under section 1202 of this
title) as amended by section 852 of Pub. L. 96-39, see section 855(b)
of Pub. L. 96-39.
Pub. L. 96-39, title VIII, 854, July 26, 1979, 93 Stat. 294,
provided that:
''(a) Review. -- The President shall review foreign tariff and
nontariff barriers affecting United States exports of alcoholic
beverages. Not later than January 1, 1982, the President shall report
to the Congress the results of his review.
''(b) Withdrawal of Concessions. -- If, as the result of his review
under subsection (a), the President determines that a foreign country or
instrumentality has not implemented concessions to the United States
affecting alcoholic beverages which were negotiated in trade agreements
entered into before January 3, 1980, under the authority of title I of
the Trade Act of 1974 (this subchapter), the President shall withdraw,
suspend, or modify the application of substantially equivalent trade
agreement obligations of benefit to such foreign country or
instrumentality under section 125 of the Trade Act of 1974 (19 U.S.C.
2135).
''(c) Further Negotiations To Remove Barriers. -- If, as the result
of his review under subsection (a), the President determines that
foreign tariff or nontariff barriers are unduly burdening or restricting
the United States exports of alcoholic beverages, he shall enter into
negotiations under the Trade Act of 1974 (this chapter) to eliminate or
reduce such barriers.''
19 USC 2136. Reciprocal nondiscriminatory treatment
TITLE 19 -- CUSTOMS DUTIES
(a) Direct and indirect imports
Except as otherwise provided in this chapter or in any other
provision of law, any duty or other import restriction or duty-free
treatment proclaimed in carrying out any trade agreement under this
subchapter shall apply to products of all foreign countries, whether
imported directly or indirectly.
(b) Presidential determination of whether major industrial countries
have made substantially equivalent concessions to the United States
The President shall determine, after the conclusion of all
negotiations entered into under this chapter or at the end of the 5-year
period beginning on January 3, 1975, whichever is earlier, whether any
major industrial country has failed to make concessions under trade
agreements entered into under this chapter which provide competitive
opportunities for the commerce of the United States in such country
substantially equivalent to the competitive opportunities, provided by
concessions made by the United States under trade agreements entered
into under this chapter, for the commerce of such country in the United
States.
(c) Recommendations to Congress for legislation following a
Presidential determination that a major industrial country has failed to
grant equivalent concessions
If the President determines under subsection (b) of this section that
a major industrial country has not made concessions under trade
agreements entered into under this chapter which provide substantially
equivalent competitive opportunities for the commerce of the United
States, he shall, either generally with respect to such country or by
article produced by such country, in order to restore equivalence of
competitive opportunities, recommend to the Congress --
(1) legislation providing for the termination or denial of the
benefits of concessions of trade agreements entered into under this
chapter made with respect to rates of duty or other import restrictions
by the United States; and
(2) that any legislation necessary to carry out any trade agreement
under section 2112 of this title shall not apply to such country.
(d) Major industrial countries
For purposes of this section, ''major industrial country'' means
Canada, the European Economic Community, the individual member countries
of such Community, Japan, and any other foreign country designated by
the President for purposes of this subsection.
(Pub. L. 93-618, title I, 126, Jan. 3, 1975, 88 Stat. 1992.)
This chapter, referred to in subsecs. (a) to (c), was in the
original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
1978, as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see References in Text
note set out under section 2101 of this title and Tables.
This section to have no effect with respect to Libya in view of
prohibition of import into United States of any goods or services of
Libyan origin other than publications and materials imported for news
publications or broadcast dissemination, see Ex. Ord. No. 12543, Jan.
7, 1986, 51 F.R. 875, set out under section 1701 of Title 50, War and
National Defense.
2904 of this title.
19 USC 2137. Reservation of articles for national security or other
reasons
TITLE 19 -- CUSTOMS DUTIES
(a) National security considerations
No proclamation shall be made pursuant to the provisions of this
chapter reducing or eliminating the duty or other import restriction on
any article if the President determines that such reduction or
elimination would threaten to impair the national security.
(b) Action taken under other laws
While there is in effect with respect to any article any action taken
under section 2253 of this title, or section 1862 or 1981 of this title,
the President shall reserve such article from negotiations under this
subchapter (and from any action under section 2132(c) of this title)
contemplating reduction or elimination of --
(A) any duty on such article,
(B) any import restriction imposed under such section, or
(C) any other import restriction, the removal of which will be likely
to undermine the effect of the import restrictions referred to in
subparagraph (B).
In addition, the President shall also so reserve any other article
which he determines to be appropriate, taking into consideration
information and advice available pursuant to and with respect to the
matters covered by sections 2151, 2152, and 2153 of this title, where
applicable.
(Pub. L. 93-618, title I, 127(a), (b), Jan. 3, 1975, 88 Stat.
1993.)
This chapter, referred to in subsec. (a), was in the original ''this
Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
Section is comprised of subsecs. (a) and (b) of section 127 of act
Jan. 3, 1975. Subsec. (c) of such section was classified to section
1863 of this title, prior to its repeal by Pub. L. 100-418, title I,
1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and subsec. (d) amended
section 1862 of this title.
19 USC 2138. Omitted
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 93-618, title I, 128, as added Pub. L. 98-573,
title III, 308(b)(1), Oct. 30, 1984, 98 Stat. 3013; amended Pub. L.
99-514, title XVIII, 1887(b)(1), Oct. 22, 1986, 100 Stat. 2924; Pub.
L. 100-418, title I, 1214(j)(1), 1215, Aug. 23, 1988, 102 Stat.
1158, 1163; Pub. L. 100-647, title IX, 9001(a)(3), Nov. 10, 1988, 102
Stat. 3806, related to modification and continuance of treatment with
respect to duties on high technology products, was omitted pursuant to
subsec. (c) which provided that the President could exercise authority
under this section only during the 5-year period beginning on Oct. 30,
1984.
19 USC Part 3 -- Hearings and Advice Concerning Negotiations
TITLE 19 -- CUSTOMS DUTIES
19 USC 2151. Advice from International Trade Commission
TITLE 19 -- CUSTOMS DUTIES
(a) Lists of articles which may be considered for action
(1) In connection with any proposed trade agreement under section
2133 of this title or section 2902(a) or (c) of this title, the
President shall from time to time publish and furnish the International
Trade Commission (hereafter in this section referred to as the
''Commission'') with lists of articles which may be considered for
modification or continuance of United States duties, continuance of
United States duty-free or excise treatment, or additional duties. In
the case of any article with respect to which consideration may be given
to reducing or increasing the rate of duty, the list shall specify the
provision of this subchapter under which such consideration may be
given.
(2) In connection with any proposed trade agreement under section
2902(b) or (c) of this title, the President may from time to time
publish and furnish the Commission with lists of nontariff matters which
may be considered for modification.
(b) Advice to President by Commission
Within 6 months after receipt of a list under subsection (a) of this
section or, in the case of a list submitted in connection with a trade
agreement, within 90 days after receipt of such list, the Commission
shall advise the President, with respect to each article or nontariff
matter, of its judgment as to the probable economic effect of
modification of the tariff or nontariff measure on industries producing
like or directly competitive articles and on consumers, so as to assist
the President in making an informed judgment as to the impact which
might be caused by such modifications on United States interests, such
as sectors involved in manufacturing, agriculture, mining, fishing,
services, intellectual property, investment, labor, and consumers. Such
advice may include in the case of any article the advice of the
Commission as to whether any reduction in the rate of duty should take
place over a longer period of time than the minimum period provided for
in section 2902(a)(3)(A) of this title.
(c) Additional investigations and reports requested by President or
Trade Representative
In addition, in order to assist the President in his determination
whether to enter into any agreement under section 2133 of this title or
section 2902 of this title, or how to develop trade policy, priorities
or other matters (such as priorities for actions to improve
opportunities in foreign markets), the Commission shall make such
investigations and reports as may be requested by the President or the
United States Trade Representative on matters such as effects of
modification of any barrier to (or other distortion of) international
trade on domestic workers, industries or sectors, purchasers, prices and
quantities of articles in the United States.
(d) Commission steps in preparing its advice to President
In preparing its advice to the President under this section, the
Commission shall to the extent practicable --
(1) investigate conditions, causes, and effects relating to
competition between the foreign industries producing the articles or
services in question and the domestic industries producing the like or
directly competitive articles or services;
(2) analyze the production, trade, and consumption of each like or
directly competitive article or service, taking into consideration
employment, profit levels, and use of productive facilities with respect
to the domestic industries concerned, and such other economic factors in
such industries as it considers relevant, including prices, wages,
sales, inventories, patterns of demand, capital investment, obsolescence
of equipment, and diversification of production;
(3) describe the probable nature and extent of any significant change
in employment, profit levels, and use of productive facilities; the
overall impact of such or other possible changes on the competitiveness
of relevant domestic industries or sectors; and such other conditions
as it deems relevant in the domestic industries or sectors concerned
which it believes such modifications would cause; and
(4) make special studies (including studies of real wages paid in
foreign supplying countries), whenever deemed to be warranted, of
particular proposed modifications affecting United States manufacturing,
agriculture, mining, fishing, labor, consumers, services, intellectual
property and investment, using to the fullest extent practicable United
States Government facilities abroad and appropriate personnel of the
United States.
(e) Public hearing
In preparing its advice to the President under this section, the
Commission shall, after reasonable notice, hold public hearings.
(Pub. L. 93-618, title I, 131, Jan. 3, 1975, 88 Stat. 1994; Pub.
L. 100-418, title I, 1111(a), Aug. 23, 1988, 102 Stat. 1135.)
1988 -- Pub. L. 100-418 amended section generally, substituting
present provisions for provisions which related to: in subsec. (a),
lists of articles which could be considered for modification or
continuance of duties, duty-free or excise treatment, or additional
duties; in subsec. (b), advice to President following receipt of list
by Commission; in subsec. (c), additional investigations and reports
requested by President; in subsec. (d), Commission steps in preparing
its advice to President; and in subsec. (e), public hearings.
19 USC 2152. Advice from executive departments and other sources
TITLE 19 -- CUSTOMS DUTIES
Before any trade agreement is entered into under section 2133 of this
title or section 2902 of this title, the President shall seek
information and advice with respect to such agreement from the
Departments of Agriculture, Commerce, Defense, Interior, Labor, State
and the Treasury, from the United States Trade Representative, and from
such other sources as he may deem appropriate. Such advice shall be
prepared and presented consistent with the provisions of Reorganization
Plan Number 3 of 1979, Executive Order Number 12188 and section 2171(c)
of this title.
(Pub. L. 93-618, title I, 132, Jan. 3, 1975, 88 Stat. 1995; Pub.
L. 100-418, title I, 1111(a), Aug. 23, 1988, 102 Stat. 1137.)
Reorganization Plan Number 3 of 1979, referred to in text, is set out
as a note under section 2171 of this title.
Executive Order Number 12188, referred to in text, is set out as a
note under section 2171 of this title.
1988 -- Pub. L. 100-418 amended section generally. Prior to
amendment, section read as follows: ''Before any trade agreement is
entered into under part 1 of this subchapter or section 2133 or 2134 of
this title, the President shall seek information and advice with respect
to such agreement from the Departments of Agriculture, Commerce,
Defense, Interior, Labor, State and the Treasury, from the United States
Trade Representative, and from such other sources as he may deem
appropriate.''
19 USC 2153. Public hearings
TITLE 19 -- CUSTOMS DUTIES
(a) Opportunity for presentation of views
In connection with any proposed trade agreement under section 2133 of
this title or section 2902 of this title, the President shall afford an
opportunity for any interested person to present his views concerning
any article on a list published under section 2151 of this title, any
matter or article which should be so listed, any concession which should
be sought by the United States, or any other matter relevant to such
proposed trade agreement. For this purpose, the President shall
designate an agency or an interagency committee which shall, after
reasonable notice, hold public hearings and prescribe regulations
governing the conduct of such hearings. When appropriate, such
procedures shall apply to the development of trade policy and
priorities.
(b) Summary of hearings
The organization holding such hearing shall furnish the President
with a summary thereof.
(Pub. L. 93-618, title I, 133, Jan. 3, 1975, 88 Stat. 1995; Pub.
L. 100-418, title I, 1111(a), Aug. 23, 1988, 102 Stat. 1137.)
1988 -- Pub. L. 100-418 amended section generally. Prior to
amendment, section read as follows:
''(a) In connection with any proposed trade agreement under part 1 of
this subchapter or section 2133 or 2134 of this title, the President
shall afford an opportunity for any interested person to present his
views concerning any article on a list published pursuant to section
2151 of this title, any article which should be so listed, any
concession which should be sought by the United States, or any other
matter relevant to such proposed trade agreement. For this purpose, the
President shall designate an agency or an interagency committee which
shall, after reasonable notice, hold public hearings and prescribe
regulations governing the conduct of such hearings.
''(b) The organization holding such hearings shall furnish the
President with a summary thereof.''
19 USC 2154. Prerequisites for offers
TITLE 19 -- CUSTOMS DUTIES
(a) In any negotiation seeking an agreement under section 2133 of
this title or section 2902 of this title, the President may make a
formal offer for the modification or continuance of any United States
duty, import restrictions, or barriers to (or other distortions of)
international trade, the continuance of United States duty-free or
excise treatment, or the imposition of additional duties, import
restrictions, or other barrier to (or other distortion of) international
trade including trade in services, foreign direct investment and
intellectual property as covered by this subchapter, with respect to any
article or matter only after he has received a summary of the hearings
at which an opportunity to be heard with respect to such article has
been afforded under section 2153 of this title. In addition, the
President may make an offer for the modification or continuance of any
United States duty, the continuance of United States duty-free or excise
treatment, or the imposition of additional duties, with respect to any
article included in a list published and furnished under section 2151(a)
of this title, only after he has received advice concerning such article
from the Commission under section 2151(b) of this title, or after the
expiration of the 6-month or 90-day period provided for in that section,
as appropriate, whichever first occurs.
(b) In determining whether to make offers described in subsection (a)
of this section in the course of negotiating any trade agreement under
section 2902 of this title, and in determining the nature and scope of
such offers, the President shall take into account any advice or
information provided, or reports submitted, by --
(1) the Commission;
(2) any advisory committee established under section 2155 of this
title; or
(3) any organization that holds public hearings under section 2153 of
this title;
with respect to any article, or domestic industry, that is sensitive,
or potentially sensitive, to imports.
(Pub. L. 93-618, title I, 134, Jan. 3, 1975, 88 Stat. 1995; Pub.
L. 100-418, title I, 1111(a), Aug. 23, 1988, 102 Stat. 1137.)
1988 -- Pub. L. 100-418 amended section generally. Prior to
amendment, section read as follows: ''In any negotiations seeking an
agreement under part 1 of this subchapter or section 2133 or 2134 of
this title, the President may make an offer for the modification or
continuance of any United States duty, import restrictions, or barriers
to (or other distortions of) international trade, the continuance of
United States duty-free or excise treatment, or the imposition of
additional duties, import restriction, or other barrier to (or other
distortion of) international trade, with respect to any article only
after he has received a summary of the hearings at which an opportunity
to be heard with respect to such article has been afforded under section
2153 of this title. In addition, the President may make an offer for
the modification or continuance of any United States duty, the
continuance of United States duty-free or excise treatment, or the
imposition of additional duties, with respect to any article included in
a list published and furnished under section 2151(a) of this title, only
after he has received advice concerning such article from the
International Trade Commission under section 2151(b) of this title, or
after the expiration of the 6-month or 90-day period provided for in
that section, as appropriate, whichever first occurs.''
19 USC 2155. Information and advice from private and public sectors
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) The President shall seek information and advice from
representative elements of the private sector and the non-Federal
governmental sector with respect to --
(A) negotiating objectives and bargaining positions before entering
into a trade agreement under this subchapter or section 2902 of this
title;
(B) the operation of any trade agreement once entered into; and
(C) other matters arising in connection with the development,
implementation, and administration of the trade policy of the United
States, including those matters referred to in Reorganization Plan
Number 3 of 1979 and Executive Order Numbered 12188, and the priorities
for actions thereunder.
To the maximum extent feasible, such information and advice on
negotiating objectives shall be sought and considered before the
commencement of negotiations.
(2) The President shall consult with representative elements of the
private sector and the non-Federal governmental sector on the overall
current trade policy of the United States. The consultations shall
include, but are not limited to, the following elements of such policy:
(A) The principal multilateral and bilateral trade negotiating
objectives and the progress being made toward their achievement.
(B) The implementation, operation, and effectiveness of recently
concluded multilateral and bilateral trade agreements and resolution of
trade disputes.
(C) The actions taken under the trade laws of the United States and
the effectiveness of such actions in achieving trade policy objectives.
(D) Important developments in other areas of trade for which there
must be developed a proper policy response.
(3) The President shall take the advice received through consultation
under paragraph (2) into account in determining the importance which
should be placed on each major objective and negotiating position that
should be adopted in order to achieve the overall trade policy of the
United States.
(b) Advisory Committee for Trade Policy and Negotiations
(1) The President shall establish an Advisory Committee for Trade
Policy and Negotiations to provide overall policy advice on matters
referred to in subsection (a) of this section. The committee shall be
composed of not more than 45 individuals and shall include
representatives of non-Federal governments, labor, industry,
agriculture, small business, service industries, retailers, and consumer
interests. The committee shall be broadly representative of the key
sectors and groups of the economy, particularly with respect to those
sectors and groups which are affected by trade. Members of the
committee shall be recommended by the United States Trade Representative
and appointed by the President for a term of 2 years. An individual may
be reappointed to committee for any number of terms. Appointments to
the Committee /1/ shall be made without regard to political affiliation.
(2) The committee shall meet as needed at the call of the United
States Trade Representative or at the call of two-thirds of the members
of the committee. The chairman of the committee shall be elected by the
committee from among its members.
(3) The United States Trade Representative shall make available to
the committee such staff, information, personnel, and administrative
services and assistance as it may reasonably require to carry out its
activities.
(c) General policy, sectoral, or functional advisory committees
(1) The President may establish individual general policy advisory
committees for industry, labor, agriculture, services, investment,
defense, and other interests, as appropriate, to provide general policy
advice on matters referred to in subsection (a) of this section. Such
committees shall, insofar as is practicable, be representative of all
industry, labor, agricultural, service, investment, defense, and other
interests, respectively, including small business interests, and shall
be organized by the United States Trade Representative and the
Secretaries of Commerce, Defense, Labor, Agriculture, the Treasury, or
other executive departments, as appropriate. The members of such
committees shall be appointed by the United States Trade Representative
in consultation with such Secretaries.
(2) The President shall establish such sectoral or functional
advisory committees as may be appropriate. Such committees shall,
insofar as is practicable, be representative of all industry, labor,
agricultural, or service interests (including small business interests)
in the sector or functional areas concerned. In organizing such
committees, the United States Trade Representative and the Secretaries
of Commerce, Labor, Agriculture, the Treasury, or other executive
departments, as appropriate, shall --
(A) consult with interested private organizations; and
(B) take into account such factors as --
(i) patterns of actual and potential competition between United
States industry and agriculture and foreign enterprise in international
trade,
(ii) the character of the nontariff barriers and other distortions
affecting such competition,
(iii) the necessity for reasonable limits on the number of such
advisory committees,
(iv) the necessity that each committee be reasonably limited in size,
and
(v) in the case of each sectoral committee, that the product lines
covered by each committee be reasonably related.
(3) The President --
(A) may, if necessary, establish policy advisory committees
representing non-Federal governmental interests to provide policy advice
--
(i) on matters referred to in subsection (a) of this section, and
(ii) with respect to implementation of trade agreements, and
(B) shall include as members of committees established under
subparagraph (A) representatives of non-Federal governmental interests
if he finds such inclusion appropriate after consultation by the United
States Trade Representative with such representatives.
(4) Appointments to each committee established under paragraph (1),
(2), or (3) shall be made without regard to political affiliation.
(d) Policy, technical, and other advice and information
Committees established under subsection (c) of this section shall
meet at the call of the United States Trade Representative and the
Secretaries of Agriculture, Commerce, Labor, Defense, or other executive
departments, as appropriate, to provide policy advice, technical advice
and information, and advice on other factors relevant to the matters
referred to in subsection (a) of this section.
(e) Meeting of advisory committees at conclusion of negotiations
(1) The Advisory Committee for Trade Policy and Negotiations, each
appropriate policy advisory committee, and each sectoral or functional
advisory committee, if the sector or area which such committee
represents is affected, shall meet at the conclusion of negotiations for
each trade agreement entered into under section 2902 of this title, to
provide to the President, to Congress, and to the United States Trade
Representative a report on such agreement. Each report that applies to
a trade agreement entered into under section 2902 of this title shall be
provided under the preceding sentence not later than the date on which
the President notifies the Congress under section 2903(a)(1)(A) of this
title of his intention to enter into that agreement.
(2) The report of the Advisory Committee for Trade Policy and
Negotiations and each appropriate policy advisory committee shall
include an advisory opinion as to whether and to what extent the
agreement promotes the economic interests of the United States and
achieves the applicable overall and principal negotiating objectives set
forth in section 2901 of this title, as appropriate.
(3) The report of the appropriate sectoral or functional committee
under paragraph (1) shall include an advisory opinion as to whether the
agreement provides for equity and reciprocity within the sector or
within the functional area.
(f) Application of Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act apply --
(1) to the Advisory Committee for Trade Policy and Negotiations
established under subsection (b) of this section; and
(2) to all other advisory committees which may be established under
subsection (c) of this section; except that the meetings of advisory
committees established under subsections (b) and (c) of this section
shall be exempt from the requirements of subsections (a) and (b) of
sections 10 and 11 of the Federal Advisory Committee Act (relating to
open meetings, public notice, public participation, and public
availability of documents), whenever and to the extent it is determined
by the President or his designee that such meetings will be concerned
with matters the disclosure of which would seriously compromise the
development by the United States Government of trade policy, priorities,
negotiating objectives or bargaining positions with respect to matters
referred to in subsection (a) of this section, and that meetings may be
called of such special task forces, plenary meetings of chairmen, or
other such groups made up of members of the committees established under
subsections (b) and (c) of this section.
(g) Trade secrets and confidential information
(1) Trade secrets and commercial or financial information which is
privileged or confidential, and which is submitted in confidence by the
private sector or non-Federal government to officers or employees of the
United States in connection with trade negotiations, may be disclosed
upon request to --
(A) officers and employees of the United States designated by the
United States Trade Representative;
(B) members of the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate who are
designated as official advisers under section 2211(a)(1) of this title
or are designated by the chairmen of either such committee under section
2211(b)(3)(A) of this title and staff members of either such committee
designated by the chairmen under section 2211(b)(3)(A) of this title;
and
(C) members of any committee of the House or Senate or any joint
committee of Congress who are designated as advisers under section
2211(a)(2) of this title or designated by the chairman of such committee
under section 2211(b)(3)(B) of this title and staff members of such
committee designated under section 2211(b)(3)(B) of this title, but
disclosure may be made under this subparagraph only with respect to
trade secrets or commercial or financial information that is relevant to
trade policy matters or negotiations that are within the legislative
jurisdiction of such committee;
for use in connection with matters referred to in subsection (a) of
this section.
(2) Information other than that described in paragraph (1), and
advice submitted in confidence by the private sector or non-Federal
government to officers or employees of the United States, to the
Advisory Committee for Trade Policy and Negotiations, or to any advisory
committee established under subsection (c) of this section, in
connection with matters referred to in subsection (a) of this section,
may be disclosed upon request to --
(A) the individuals described in paragraph (1); and
(B) the appropriate advisory committee established under this
section.
(3) Information submitted in confidence by officers or employees of
the United States to the Advisory Committee for Trade Policy and
Negotiations, or to any advisory committee established under subsection
(c) of this section, may be disclosed in accordance with rules issued by
the United States Trade Representative and the Secretaries of Commerce,
Labor, Defense, Agriculture, or other executive departments, as
appropriate, after consultation with the relevant advisory committees
established under subsection (c) of this section. Such rules shall
define the categories of information which require restricted or
confidential handling by such committee considering the extent to which
public disclosure of such information can reasonably be expected to
prejudice the development of trade policy, priorities, or United States
negotiating objectives. Such rules shall, to the maximum extent
feasible, permit meaningful consultations by advisory committee members
with persons affected by matters referred to in subsection (a) of this
section.
(h) Advisory committee support
The United States Trade Representative, and the Secretaries of
Commerce, Labor, Defense, Agriculture, the Treasury, or other executive
departments, as appropriate, shall provide such staff, information,
personnel, and administrative services and assistance to advisory
committees established under subsection (c) of this section as such
committees may reasonably require to carry out their activities.
(i) Consultation with advisory committees; procedures;
nonacceptance of committee advice or recommendations
It shall be the responsibility of the United States Trade
Representative, in conjunction with the Secretaries of Commerce, Labor,
Agriculture, the Treasury, or other executive departments, as
appropriate, to adopt procedures for consultation with and obtaining
information and advice from the advisory committees established under
subsection (c) of this section on a continuing and timely basis. Such
consultation shall include the provision of information to each advisory
committee as to --
(1) significant issues and developments; and
(2) overall negotiating objectives and positions of the United States
and other parties;
with respect to matters referred to in subsection (a) of this
section. The United States Trade Representative shall not be bound by
the advice or recommendations of such advisory committees, but shall
inform the advisory committees of significant departures from such
advice or recommendations made. In addition, in the course of
consultations with the Congress under this subchapter, information on
the advice and information provided by advisory committees shall be made
available to congressional advisers.
(j) Private organizations or groups
In addition to any advisory committee established under this section,
the President shall provide adequate, timely and continuing opportunity
for the submission on an informal basis (and, if such information is
submitted under the provisions of subsection (g) of this section, on a
confidential basis) by private organizations or groups, representing
government, labor, industry, agriculture, small business, service
industries, consumer interests, and others, of statistics, data and
other trade information, as well as policy recommendations, pertinent to
any matter referred to in subsection (a) of this section.
(k) Scope of participation by members of advisory committees
Nothing contained in this section shall be construed to authorize or
permit any individual to participate directly in any negotiation of any
matters referred to in subsection (a) of this section. To the maximum
extent practicable, the members of the committees established under
subsections (b) and (c) of this section, and other appropriate parties,
shall be informed and consulted before and during any such negotiations.
They may be designated as advisors to a negotiating delegation, and may
be permitted to participate in international meetings to the extent the
head of the United States delegation deems appropriate. However, they
may not speak or negotiate for the United States.
(l) Advisory committees established by Department of Agriculture
The provisions of title XVIII of the Food and Agriculture Act of 1977
(7 U.S.C. 2281 et seq.) shall not apply to any advisory committee
established under subsection (c) of this section.
(m) ''Non-Federal government'' defined
As used in this section, the term ''non-Federal government'' means --
(1) any State, territory, or possession of the United States, or the
District of Columbia, or any political subdivision thereof; or
(2) any agency or instrumentality of any entity described in
paragraph (1).
(Pub. L. 93-618, title I, 135, Jan. 3, 1975, 88 Stat. 1996; Pub.
L. 96-39, title XI, 1103, July 26, 1979, 93 Stat. 308; Pub. L.
98-573, title III, 306(c)(2)(B), Oct. 30, 1984, 98 Stat. 3011; Pub.
L. 99-514, title XVIII, 1887(a)(2), Oct. 22, 1986, 100 Stat. 2923;
Pub. L. 100-418, title I, 1631, Aug. 23, 1988, 102 Stat. 1264.)
Reorganization Plan Number 3 of 1979, referred to in subsec.
(a)(1)(C), is set out as a note under section 2171 of this title.
Executive Order Numbered 12188, referred to in subsec. (a)(1)(C), is
set out as a note under section 2171 of this title.
The Federal Advisory Committee Act, referred to in subsec (f), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, which is set out in the
Appendix to Title 5, Government Organization and Employees.
The Food and Agriculture Act of 1977, referred to in subsec. (l), is
Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title
XVIII of the Act is classified generally to chapter 55A ( 2281 et seq.)
of Title 7, Agriculture. For complete classification of this Act to the
Code, see Short Title of 1977 Amendment note set out under section 1281
of Title 7 and Tables.
1988 -- Pub. L. 100-418 amended section generally, substituting
present provisions for provisions which, in the following subsections,
had related to: subsec. (a), information and advice on trade agreements
and other matters; subsec. (b), Advisory Committee for Trade
Negotiations; subsec. (c), general policy, sectoral, functional, or
policy advisory committees; subsec. (d), policy advice, technical
advice and information, and other advice; subsec. (e), meeting of
advisory committees at conclusion of negotiations for trade agreements;
subsec. (f), Federal Advisory Committee Act; subsec. (g), trade secrets
and confidential commercial, financial, or other information; subsec.
(h), staff, information, personnel, and administrative services and
assistance to advisory committees; subsec. (i), consultation with
advisory committees; adoption of procedures; nonacceptance of
committee advice or recommendations; subsec. (j), private or
non-Federal government organizations or groups; subsec. (k), direct
participation in negotiations by private individuals not authorized;
information, consultation, participation of committee members and
appropriate parties in international meetings; restrictions; subsec.
(l), advisory committees established by Department of Agriculture; and
subsec. (m), definition of ''non-Federal government''.
1986 -- Subsecs. (m), (n). Pub. L. 99-514 redesignated subsec. (n)
as (m).
1984 -- Subsec. (a). Pub. L. 98-573, 306(c)(2)(B)(i), inserted
''and the non-Federal governmental sector'' after ''private sector''.
Subsec. (c)(3). Pub. L. 98-573, 306(c)(2)(B)(ii), added par. (3).
Subsec. (g)(1)(A), (B). Pub. L. 98-573, 306(c)(2)(B)(iii), inserted
''or non-Federal government'' after ''private''.
Subsec. (j). Pub. L. 98-573, 306(c)(2)(B)(iii), (iv), inserted ''or
non-Federal government'' after ''private'' and ''government,'' before
''labor, industry''.
Subsec. (n). Pub. L. 98-573, 306(c)(2)(B)(v), added subsec. (n).
1979 -- Subsec. (a). Pub. L. 96-39, 1103(1), (2), struck out '', in
accordance with the provisions of this section,'' after ''President''
and required the seeking of information and advice respecting operation
of a trade agreement once entered into and respecting other matters
arising in connection with the administration of trade policy of the
United States.
Subsec. (b)(1). Pub. L. 96-39, 1103(3), substituted ''matters
referred to in subsection (a) of this section'' for ''any trade
agreement referred to in section 2111 or 2112 of this title''.
Subsec. (b)(2). Pub. L. 96-39, 1103(4), substituted requirement that
the members elect the Chairman of the Committee from among its
membership for provision designating the Special Representative as
Chairman and struck out provision for termination of the Committee upon
submission of its report to Congress as soon as practical after the end
of the period which ends 5 years after Jan. 3, 1975.
Subsec. (c)(1). Pub. L. 96-39, 1103(5), inserted a comma after
''initiative'', included references to ''services'', and substituted
''general policy advice on matters referred to in subsection (a) of this
section'' for ''general policy advice on any trade agreement referred to
in section 2111 or 2112 of this title'', ''Special Representative for
Trade Negotiations'' for ''President acting through the Special
Representative for Trade Negotiations'' and ''or Agriculture'' for ''and
Agriculture''.
Subsec. (c)(2). Pub. L. 96-39, 1103(6)-(9), substituted ''The
President shall establish such sectoral or functional advisory
committees as may be appropriate'' for ''The President shall, on his own
initiative or at the request of organizations in a particular sector,
establish such industry, labor, or agricultural sector advisory
committees as he determines to be necessary for any trade negotiations
referred to in section 2111 or 2112 of this title'' and ''Such
committees shall, insofar as is practicable, be representative of all
industry, labor, agricultural, or service interests (including small
business interests) in the sector or functional areas concerned'' for
''Such committees shall, so far as practicable, be representative of all
industry, labor, or agricultural interests including small business
interests in the sector concerned'' and ''the Special Representative for
Trade Negotiations'' for ''the President, acting through the Special
Representative for Trade Negotiations'', struck out ''product sector''
before ''advisory committees'', and inserted '', in the case of each
sectoral committee,'' before ''the product lines''.
Subsec. (d). Pub. L. 96-39, 1103(10), required committee meetings to
be also summoned at joint instance of Secretary of Agriculture,
Commerce, or Labor, as appropriate, previously required to be called
before and during trade negotiations, struck out item (1) through (3)
designation for ''policy advice'', ''technical advice'' and ''advice on
other factors'', struck out ''on negotiations'' and ''on negotiations on
particular products both domestic and foreign'' after ''policy advice''
and ''technical advice and information'' and substituted ''factors
relevant to the matters referred to in subsection (a) of this section''
for ''factors relevant to positions of the United States in trade
negotiations.''
Subsec. (e). Pub. L. 96-39, 1103(11)-(14), redesignated par. (1) as
entire provision, and in provision as so redesignated, substituted
''each sector or functional advisory committee, if the sector or area''
for ''each sector advisory committee, if the sector'', ''appropriate
sector or functional area'' for ''appropriate sector'', and ''within the
sector or within the functional area'' for ''within the sector'', and
struck out par. (2) which required a report to Congress by the Advisory
Committee for Trade Negotiations by each policy advisory committee, and,
each sector advisory committee as soon as practicable at end of the
period ending 5 years after Jan. 3, 1975, including advisory opinions
of the respective committees as to how the trade agreements serve the
economic interests of United States and how provision is made for equity
and reciprocity within the sector.
Subsec. (f)(2). Pub. L. 96-39, 1103(15)(A), (B), substituted
''committees'' for ''groups'' and ''with respect to matters referred to
in subsection (a) of this section'' for ''on the negotiation of any
trade agreement''.
Subsec. (g). Pub. L. 96-39, 1103(16), (17)(A), (B), substituted in
par. (1)(A) ''matters referred to in subsection (a) of this section''
for ''a trade agreement referred to in section 2111 or 2112 of this
title'', in par. (1)(B) ''matters referred to in subsection (a) of this
section'' for ''trade negotiations'', and in par. (2) ''matters
referred to in subsection (a) of this title'' for ''proposed trade
agreements''.
Subsec. (i). Pub. L. 96-39, 1103(18)(A)-(C), struck out in provision
before cl. (1) '', both during preparation for negotiations and actual
negotiations'' after ''basis'' and in cl. (1) ''arising in preparation
for or in the course of such negotiations'' after ''developments'' and
substituted in cl. (2) ''with respect to matters referred to in
subsection (a) of this section'' for ''to the negotiations''.
Subsec. (j). Pub. L. 96-39, 1103(19), substituted ''matters referred
to in subsection (a) of this section'' for ''trade agreement referred to
in section 2111 or 2112 of this title''.
Subsec. (k). Pub. L. 96-39, 1103(19), (20), substituted ''matters
referred to in subsection (a) of this section'' for ''trade agreement
referred to in section 2111 or 2112 of this title'' and provided for
information to and consultations with committee members and appropriate
parties and participation in international meetings without becoming
spokesmen or negotiators for the United States.
Subsec. (l). Pub. L. 96-39, 1103(21), added subsec. (l).
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
App. section 2405.
/1/ So in original. Probably should not be capitalized.
19 USC Part 4 -- Office of the United States Trade Representative
TITLE 19 -- CUSTOMS DUTIES
1983 -- Pub. L. 97-456, 3(d)(3), Jan. 12, 1983, 96 Stat. 2505,
substituted ''United States Trade Representative'' for ''Special
Representative for Trade Negotiations'' in part 4 heading.
19 USC 2171. Structure, functions, powers, and personnel
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment within Executive Office of the President
There is established within the Executive Office of the President the
Office of the United States Trade Representative (hereinafter in this
section referred to as the ''Office'').
(b) United States Trade Representative; Deputy United States Trade
Representatives
(1) The Office shall be headed by the United States Trade
Representative who shall be appointed by the President, by and with the
advice and consent of the Senate. As an exercise of the rulemaking
power of the Senate, any nomination of the United States Trade
Representative submitted to the Senate for confirmation, and referred to
a committee, shall be referred to the Committee on Finance. The United
States Trade Representative shall hold office at the pleasure of the
President, shall be entitled to receive the same allowances as a chief
of mission, and shall have the rank of Ambassador Extraordinary and
Plenipotentiary.
(2) There shall be in the Office three Deputy United States Trade
Representatives who shall be appointed by the President, by and with the
advice and consent of the Senate. As an exercise of the rulemaking
power of the Senate, any nomination of a Deputy United States Trade
Representative submitted to the Senate for confirmation, and referred to
a committee, shall be referred to the Committee on Finance. Each Deputy
United States Trade Representative shall hold office at the pleasure of
the President and shall have the rank of Ambassador.
(3) (This paragraph amended sections 5312 and 5314 of title 5.)
(c) Duties of United States Trade Representative and Deputy United
States Trade Representatives
(1) The United States Trade Representative shall --
(A) have primary responsibility for developing, and for coordinating
the implementation of, United States international trade policy,
including commodity matters, and, to the extent they are related to
international trade policy, direct investment matters;
(B) serve as the principal advisor to the President on international
trade policy and shall advise the President on the impact of other
policies of the United States Government on international trade;
(C) have lead responsibility for the conduct of, and shall be the
chief representative of the United States for, international trade
negotiations, including commodity and direct investment negotiations, in
which the United States participates;
(D) issue and coordinate policy guidance to departments and agencies
on basic issues of policy and interpretation arising in the exercise of
international trade functions, to the extent necessary to assure the
coordination of international trade policy and consistent with any other
law;
(E) act as the principal spokesman of the President on international
trade;
(F) report directly to the President and the Congress regarding, and
be responsible to the President and the Congress for the administration
of, trade agreements programs;
(G) advise the President and Congress with respect to nontariff
barriers to international trade, international commodity agreements, and
other matters which are related to the trade agreements programs;
(H) be responsible for making reports to Congress with respect to
matters referred to in subparagraphs (C) and (F);
(I) be chairman of the interagency trade organization established
under section 1872(a) of this title, and shall consult with and be
advised by such organization in the performance of his functions; and
(J) in addition to those functions that are delegated to the United
States Trade Representative as of August 23, 1988, be responsible for
such other functions as the President may direct.
(2) It is the sense of Congress that the United States Trade
Representative should --
(A) be the senior representative on any body that the President may
establish for the purpose of providing to the President advice on
overall economic policies in which international trade matters
predominate; and
(B) be included as a participant in all economic summit and other
international meetings at which international trade is a major topic.
(3) The United States Trade Representative may --
(A) delegate any of his functions, powers, and duties to such
officers and employees of the Office as he may designate; and
(B) authorize such successive redelegations of such functions,
powers, and duties to such officers and employees of the Office as he
may deem appropriate.
(4) Each Deputy United States Trade Representative shall have as his
principal function the conduct of trade negotiations under this chapter
and shall have such other functions as the United States Trade
Representative may direct.
(d) Unfair trade practices; additional duties of Representative;
advisory committee; definition
(1) In carrying out subsection (c) of this section with respect to
unfair trade practices, the United States Trade Representative shall --
(A) coordinate the application of interagency resources to specific
unfair trade practice cases;
(B) identify, and refer to the appropriate Federal department or
agency for consideration with respect to action, each act, policy, or
practice referred to in the report required under section 2241(b) of
this title, or otherwise known to the United States Trade Representative
on the basis of other available information, that may be an unfair trade
practice that either --
(i) is considered to be inconsistent with the provisions of any trade
agreement and has a significant adverse impact on United States
commerce, or
(ii) has a significant adverse impact on domestic firms or industries
that are either too small or financially weak to initiate proceedings
under the trade laws;
(C) identify practices having a significant adverse impact on United
States commerce that the attainment of United States negotiating
objectives would eliminate; and
(D) identify, on a biennial basis, those United States Government
policies and practices that, if engaged in by a foreign government,
might constitute unfair trade practices under United States law.
(2) For purposes of carrying out paragraph (1), the United States
Trade Representative shall be assisted by an interagency unfair trade
practices advisory committee composed of the Trade Representative, who
shall chair the committee, and senior representatives of the following
agencies, appointed by the respective heads of those agencies:
(A) The Bureau of Economics and Business Affairs of the Department of
State.
(B) The United States and Foreign Commercial Services of the
Department of Commerce.
(C) The International Trade Administration (other than the United
States and Foreign Commercial Service) of the Department of Commerce.
(D) The Foreign Agricultural Service of the Department of
Agriculture.
The United States Trade Representative may also request the advice of
the United States International Trade Commission regarding the carrying
out of paragraph (1).
(3) For purposes of this subsection, the term ''unfair trade
practice'' means any act, policy, or practice that --
(A) may be a subsidy with respect to which countervailing duties may
be imposed under subtitle A of title VII (19 U.S.C. 1671 et seq.);
(B) may result in the sale or likely sale of foreign merchandise with
respect to which antidumping duties may be imposed under subtitle B of
title VII (19 U.S.C. 1673 et seq.);
(C) may be either an unfair method of competition, or an unfair act
in the importation of articles into the United States, that is unlawful
under section 337 (19 U.S.C. 1337); or
(D) may be an act, policy, or practice of a kind with respect to
which action may be taken under subchapter III of this chapter.
(e) Powers of United States Trade Representative
The United States Trade Representative may, for the purpose of
carrying out his functions under this section --
(1) subject to the civil service and classification laws, select,
appoint, employ, and fix the compensation of such officers and employees
as are necessary and prescribe their authority and duties, except that
not more than 20 individuals may be employed without regard to any
provision of law regulating the employment or compensation at rates not
to exceed the rate of pay for level IV of the Executive Schedule in
section 5314 /1/ of title 5;
(2) employ experts and consultants in accordance with section 3109 of
title 5 and compensate individuals so employed for each day (including
traveltime) at rates not in excess of the maximum rate of pay for grade
GS-18 as provided in section 5332 of title 5 and while such experts and
consultants are so serving away from their homes or regular place of
business, to pay such employees travel expenses and per diem in lieu of
subsistence at rates authorized by section 5703 of title 5 for persons
in Government service employed intermittently;
(3) promulgate such rules and regulations as may be necessary to
carry out the functions, powers and duties vested in him;
(4) utilize, with their consent, the services, personnel, and
facilities of other Federal agencies;
(5) enter into and perform such contracts, leases, cooperative
agreements, or other transactions as may be necessary in the conduct of
the work of the Office and on such terms as the United States Trade
Representative may deem appropriate, with any agency or instrumentality
of the United States, or with any public or private person, firm,
association, corporation, or institution;
(6) accept voluntary and uncompensated services, notwithstanding the
provisions of section 1342 of title 31;
(7) adopt an official seal, which shall be judicially noticed;
(8) pay for expenses approved by him for official travel without
regard to the Federal Travel Regulations or to the provisions of
subchapter I of chapter 57 of title 5 (relating to rates of per diem
allowances in lieu of subsistence expenses);
(9) accept, hold, administer, and utilize gifts, devises, and
bequests of property, both real and personal, for the purpose of aiding
or facilitating the work of the Office;
(10) acquire, by purchase or exchange, not more than two passenger
motor vehicles for use abroad, except that no vehicle may be acquired at
a cost exceeding $9,500; and
(11) provide, where authorized by law, copies of documents to persons
at cost, except that any funds so received shall be credited to, and be
available for use from, the account from which expenditures relating
thereto were made.
(f) Use of other Federal agencies
The United States Trade Representative shall, to the extent he deems
it necessary for the proper administration and execution of the trade
agreements programs of the United States, draw upon the resources of,
and consult with, Federal agencies in connection with the performance of
his functions.
(g) Authorization of appropriations
(1)(A) There are authorized to be appropriated to the Office for the
purposes of carrying out its functions not to exceed the following:
(i) $23,250,000 for fiscal year 1991.
(ii) $21,077,000 for fiscal year 1992.
(B) Of the amounts authorized to be appropriated under subparagraph
(A) for any fiscal year --
(i) not to exceed $98,000 may be used for entertainment and
representation expenses of the Office;
(ii) not to exceed $2,050,000 may be used to pay the United States
share of the expenses of binational panels and extraordinary challenge
committees convened pursuant to chapter 19 of the United States-Canada
Free-Trade Agreement; and
(iii) not to exceed $1,000,000 shall remain available until expended.
(2) For the fiscal year beginning October 1, 1982, and for each
fiscal year thereafter, there are authorized to be appropriated to the
Office for the salaries of its officers and employees such additional
sums as may be provided by law to reflect pay rate changes made in
accordance with the Federal Pay Comparability Act of 1970.
(Pub. L. 93-618, title I, 141, Jan. 3, 1975, 88 Stat. 1999; Pub.
L. 97-456, 3(a)-(d)(2), Jan. 12, 1983, 96 Stat. 2504, 2505; Pub. L.
98-573, title III, 304(d)(2)(A), title VII, 703, Oct. 30, 1984, 98
Stat. 3004, 3043; Pub. L. 99-272, title XIII, 13023, Apr. 7, 1986, 100
Stat. 307; Pub. L. 99-514, title XVIII, 1887(a)(3), (4), Oct. 22,
1986, 100 Stat. 2923; Pub. L. 100-203, title IX, 9504, Dec. 22, 1987,
101 Stat. 1330-382; Pub. L. 100-418, title I, 1601, Aug. 23, 1988, 102
Stat. 1260; Pub. L. 101-207, 1(a), Dec. 7, 1989, 103 Stat. 1833;
Pub. L. 101-382, title I, 103(a), Aug. 20, 1990, 104 Stat. 634.)
Subtitles A and B of title VII and section 337, referred to in
subsec. (d)(3)(A) to (C), probably mean subtitles A and B of title VII
and section 337 of the Tariff Act of 1930 which is act June 17, 1930,
ch. 497, 46 Stat. 590, as amended. Subtitles A and B of title VII of
the Tariff Act of 1930 are classified generally to parts I and II ( 1671
et seq. and 1673 et seq., respectively) of subtitle IV of chapter 4 of
this title. Section 337 of the Tariff Act of 1930 is classified to
section 1337 of this title. For complete classification of this Act to
the Code, see section 1654 of this title and Tables.
Subchapter III of this chapter, referred to in subsec. (d)(3)(D),
was in the original ''title III of the Trade Act of 1974'', which is
Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1
of title III of the Trade Act of 1974 is classified generally to
subchapter III ( 2411 et seq.) of this chapter. For complete
classification of title III to the Code, see Tables.
The civil service laws, referred to in subsec. (e)(1), are set forth
in Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
The classification laws, referred to in subsec. (e)(1), are set
forth in chapter 51 ( 5101 et seq.) and subchapter III ( 5331 et seq.)
of chapter 53 of Title 5.
The Federal Pay Comparability Act of 1970, referred to in subsec.
(g)(2), is Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946, as amended,
which enacted sections 5305 to 5308 and 5947 of Title 5, amended
sections 5108, 5301, and 5942 of Title 5 and section 410 of Title 39,
Postal Service, repealed section 5302 of Title 5, and enacted provisions
set out as notes under sections 5303 and 5942 of Title 5, section 60a of
Title 2, The Congress, and section 410 of Title 39. For complete
classification of the Act to the Code see Short Title note set out under
section 5301 of Title 5 and Tables.
1990 -- Subsec. (g)(1). Pub. L. 101-382 amended par. (1) generally.
Prior to amendment, par. (1) read as follows:
''(A) There are authorized to be appropriated for fiscal year 1990 to
the Office for the purposes of carrying out its functions not to exceed
$19,651,000.
''(B) Of the amounts authorized to be appropriated under subparagraph
(A) for fiscal year 1990 --
''(i) not to exceed $89,000 may be used for entertainment and
representation expenses of the Office; and
''(ii) not to exceed $1,000,000 shall remain available until
expended.''
1989 -- Subsec. (g)(1). Pub. L. 101-207, in subpar. (A),
substituted ''1990'' for ''1988'' and ''$19,651,000'' for
''$15,172,000'', and in subpar. (B), substituted ''1990'' for ''1988''
in introductory provisions, and ''$89,000'' for ''$69,000'' in cl. (i).
1988 -- Subsec. (c)(1). Pub. L. 100-418, 1601(a)(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows: ''The
United States Trade Representative shall --
''(A) be the chief representative of the United States for each trade
negotiation under this subchapter or section 2411 of this title;
''(B) report directly to the President and the Congress, and be
responsible to the President and the Congress for the administration of
trade agreements programs under this chapter, the Trade Expansion Act of
1962 (19 U.S.C. 1801 et seq.), and section 1351 of this title;
''(C) advise the President and Congress with respect to nontariff
barriers to international trade, international commodity agreements, and
other matters which are related to the trade agreements programs;
''(D) be responsible for making reports to Congress with respect to
the matter set forth in subparagraphs (A) and (B);
''(E) be chairman of the interagency trade organization established
pursuant to section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C.
1872(a)); and
''(F) be responsible for such other functions as the President may
direct.''
Subsec. (c)(2) to (4). Pub. L. 100-418, 1601(a)(2), (3), added par.
(2) and redesignated former pars. (2) and (3) as (3) and (4),
respectively.
Subsecs. (d) to (g). Pub. L. 100-418, 1601(b)(1), (2), added
subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to (g),
respectively.
1987 -- Subsec. (f)(1). Pub. L. 100-203 amended par. (1) generally.
Prior to amendment, par. (1) read as follows: ''There are authorized
to be appropriated to the Office for the purpose of carrying out its
functions $13,582,000 for fiscal year 1986; of which not to exceed
$80,000 may be used for entertainment and representation expenses.''
1986 -- Subsec. (d)(1). Pub. L. 99-272, 13023(1), inserted
provision that not more than 20 individuals may be employed without
regard to any provision of law regulating the employment or compensation
at rates not to exceed the rate of pay for level IV of the Executive
Schedule.
Subsec. (d)(6). Pub. L. 99-514, 1887(a)(3), substituted ''1342 of
title 31'' for ''3679(b) of the Revised Statutes (31 U.S.C. 665(b))''.
Subsec. (d)(8), (11). Pub. L. 99-514, 1887(a)(4), redesignated the
par. (8) relating to the provision of copies of documents to persons at
cost as par. (11).
Subsec. (f)(1). Pub. L. 99-272, 13023(2), substituted ''$13,582,000
for fiscal year 1986'' for ''$14,179,000 for fiscal year 1985''.
1984 -- Subsec. (d)(6) to (8). Pub. L. 98-573, 304(d)(2)(A), which
directed that a new par. (8), relating to the provision of copies of
documents to persons at cost, be added to subsec. (d) by striking out
''and'' at the end of par. (6), substituting ''; and'' for the period
at the end of par. (7), and adding the new par. (8) at the end
thereof, was executed by adding the new par. (8) following par. (10).
Amendments to pars. (6) and (7) could not be executed.
Subsec. (f)(1). Pub. L. 98-573, 703, substituted provisions
authorizing appropriations of $14,179,000 for fiscal year 1985, of which
not more than $80,000 may be used for entertainment and representation
for provisions authorizing appropriations of $11,100,000 for fiscal year
1983, of which not more than $65,000 could be used for entertainment and
representation expenses.
1983 -- Subsec. (a). Pub. L. 97-456, 3(d)(1)(D), substituted
''United States Trade Representative'' for ''Special Representative for
Trade Negotiations''.
Subsec. (b)(1). Pub. L. 97-456, 3(d)(1)(D), substituted ''United
States Trade Representative'' for ''Special Representative for Trade
Negotiations'' wherever appearing.
Subsec. (b)(2). Pub. L. 97-456, 3(c), (d)(2)(A), (B), substituted
''three Deputy United States Trade Representatives'' for ''two Deputy
Special Representatives for Trade Negotiations'' after ''in the
Office'', ''a Deputy United States Trade Representative'' for ''a Deputy
Special Representative'' after ''any nomination of a'', and ''Deputy
United States Trade Representative'' for ''Deputy Special Representative
for Trade Negotiations'' after ''Each''.
Subsec. (c)(1). Pub. L. 97-456, 3(d)(1)(D), substituted ''United
States Trade Representative'' for ''Special Representative for Trade
Negotiations'' in provisions preceding subpar. (A).
Subsec. (c)(2). Pub. L. 97-456, 3(b)(1), added par. (2). Former
par. (2) redesignated (3).
Subsec. (c)(3). Pub. L. 97-456, 3(b)(1), (d)(2)(C), (D),
redesignated former par. (2) as (3) and substituted ''Deputy United
States Trade Representative'' for ''Deputy Special Representative for
Trade Negotiations'' after ''Each'' and ''United States Trade
Representative'' for ''Special Representative for Trade Negotiations''
after ''such other functions as the''.
Subsec. (d). Pub. L. 97-456, 3(d)(1)(D), substituted ''United States
Trade Representative'' for ''Special Representative for Trade
Negotiations'' in provisions preceding par. (1).
Subsec. (d)(3). Pub. L. 97-456, 3(b)(2), inserted '', powers and
duties'' after ''functions''.
Subsec. (d)(5). Pub. L. 97-456, 3(d)(1)(D), substituted ''United
States Trade Representative'' for ''Special Representative for Trade
Negotiations''.
Subsec. (d)(8) to (10). Pub. L. 97-456, 3(b)(3)-(5), added pars.
(8) to (10).
Subsec. (e). Pub. L. 97-456, 3(d)(1)(D), substituted ''United States
Trade Representative'' for ''Special Representative for Trade
Negotiations''.
Subsec. (f). Pub. L. 97-456, 3(a), substituted provisions
authorizing for appropriation $11,100,000 for fiscal 1983, of which no
more than $65,000 could be used for entertainment and representation
expenses, and authorizing for appropriation such additional sums as
might be provided in accordance with the Federal Pay Comparability Act
of 1970, for provisions authorizing for appropriation necessary sums for
fiscal 1976 and each fiscal year thereafter any part of which was within
the five-year period beginning on Jan. 3, 1975.
Subsec. (g). Pub. L. 97-456, 3(d)(1), struck out subsec. (g) which
abolished the Office of Special Representative for Trade Negotiations
and transferred its assets and obligations to the Office of United
States Trade Representative.
Subsec. (h). Pub. L. 97-456, 3(d)(1), struck out subsec. (h) which
permitted any individual holding the position of Special Representative
for Trade Negotiations or Deputy Special Representative for Trade
Negotiations on Jan. 3, 1975, appointed with the advice and consent of
the Senate, to continue to hold such position, and provided for the
transfer of personnel employed by the Office of Special Representative
for Trade Negotiations on Jan. 2, 1975, to the Office of United States
Trade Representative.
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of Title 5,
Government Organization and Employees, see section 529 (title I,
101(c)(1)) of Pub. L. 101-509, set out in a note under section 5376 of
Title 5.
Provisions requiring the Secretary of State, upon the request of the
Secretary of Commerce, to accord the diplomatic title of
Minister-Counselor to the senior Commercial Officer assigned to any
United States mission abroad with a limit on the number of Commercial
Service officers accorded such diplomatic title at any time were
contained in the following appropriation acts:
Pub. L. 102-395, title II, Oct. 6, 1992, 106 Stat. 1852.
Pub. L. 102-140, title II, Oct. 28, 1991, 105 Stat. 802.
Pub. L. 101-515, title I, Nov. 5, 1990, 104 Stat. 2103.
Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 991.
Pub. L. 100-459, title I, Oct. 1, 1988, 102 Stat. 2189.
Pub. L. 100-202, 101(a) (title I), Dec. 22, 1987, 101 Stat. 1329,
1329-3.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
97-195, 1(c)(6), June 16, 1982, 96 Stat. 115; Pub.
L. 97-377, title I, 122, Dec. 21, 1982, 96 Stat.
13
Prepared by the President and transmitted to the Senate and the House
of Representatives in Congress assembled, September 25, 1979, pursuant
to the provisions of chapter 9 of title 5 of the United States Code.
Representative
(a) The Office of the Special Representative for Trade Negotiations
is redesignated the Office of the United States Trade Representative.
(b)(1) The Special Representative for Trade Negotiations is
redesignated the United States Trade Representative (hereinafter
referred to as the ''Trade Representative''). The Trade Representative
shall have primary responsibility, with the advice of the interagency
organization established under section 242 of the Trade Expansion Act of
1962 (19 U.S.C. 1872) (hereinafter referred to as the ''Committee''),
for developing, and for coordinating the implementation of, United
States international trade policy, including commodity matters and, to
the extent they are related to international trade policy, direct
investment matters. The Trade Representative shall serve as the
principal advisor to the President on international trade policy and
shall advise the President on the impact of other policies of the United
States Government on international trade.
(2) The Trade Representative shall have lead responsibility for the
conduct of international trade negotiations, including commodity and
direct investment negotiations in which the United States participates.
(3) To the extent necessary to assure the coordination of
international trade policy, and consistent with any other law, the Trade
Representative, with the advice of the Committee, shall issue policy
guidance to departments and agencies on basic issues of policy and
interpretation arising in the exercise of the following international
trade functions. Such guidance shall determine the policy of the United
States with respect to international trade issues arising in the
exercise of such functions:
(A) matters concerning the General Agreement on Tariffs and Trade,
including implementation of the trade agreements set forth in section
2(c) of the Trade Agreements Act of 1979 (19 U.S.C. 2503(c)); United
States Government positions on trade and commodity matters dealt with by
the Organization for Economic Cooperation and Development, the United
Nations Conference on Trade and Development, and other multilateral
organizations; and the assertion and protection of the rights of the
United States under bilateral and multilateral international trade and
commodity agreements;
(B) expansion of exports from the United States;
(C) policy research on international trade, commodity, and direct
investment matters;
(D) to the extent permitted by law, overall United States policy with
regard to unfair trade practices, including enforcement of
countervailing duties and antidumping functions under section 303 and
title VII of the Tariff Act of 1930 (19 U.S.C. 1303, 1671 et seq.);
(E) bilateral trade and commodity issues, including East-West trade
matters; and
(F) international trade issues involving energy.
(4) All functions of the Trade Representative shall be conducted
under the direction of the President.
(c) The Deputy Special Representatives for Trade Negotiations are
redesignated Deputy United States Trade Representatives.
(a) The Secretary of Commerce (hereinafter referred to as the
''Secretary'') shall have, in addition to any other functions assigned
by law, general operational responsibility for major nonagricultural
international trade functions of the United States Government, including
export development, commercial representation abroad, the administration
of the antidumping and countervailing duty laws, export controls, trade
adjustment assistance to firms and communities, research and analysis,
and monitoring compliance with international trade agreements to which
the United States is a party.
(b)(1) There shall be in the Department of Commerce (hereinafter
referred to as the ''Department'') a Deputy Secretary appointed by the
President, by and with the advice and consent of the Senate. The Deputy
Secretary shall receive compensation at the rate payable for Level II of
the Executive Schedule (5 U.S.C. 5315), and shall perform such duties
and exercise such powers as the Secretary may from time to time
prescribe.
(2) The position of Under Secretary of Commerce established under
section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat. 808; 15 U.S.C.
1502) is abolished.
(c) There shall be in the Department an Under Secretary for
International Trade appointed by the President, by and with the advice
and consent of the Senate. The Under Secretary for International Trade
shall receive compensation at the rate payable for Level III of the
Executive Schedule (5 U.S.C. 5314), and shall perform such duties and
exercise such powers as the Secretary may from time to time prescribe.
(d) There shall be in the Department two additional Assistant
Secretaries appointed by the President, by and with the advice and
consent of the Senate. Each such Assistant Secretary shall perform such
duties and exercise such powers as the Secretary may from time to time
prescribe.
(e) There shall be in the Department of Commerce a Director General
of the United States and Foreign Commercial Services who shall be
appointed by the President, by and with the advice and consent of the
Senate, and shall receive compensation at the rate prescribed by law for
level IV of the Executive Schedule (5 U.S.C. 5315). (As amended Pub. L.
97-195, 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97-377, title
I, 122, Dec. 21, 1982, 96 Stat. 1913.)
The Trade Representative and the Secretary shall serve, ex officio
and without vote, as additional members of the Board of Directors of the
Export-Import Bank of the United States.
(a) The Trade Representative shall serve, ex officio, as an
additional voting member of the Board of Directors of the Overseas
Private Investment Corporation. The Trade Representative shall be the
Vice Chair of such Board.
(b) There shall be an additional member of the Board of Directors of
the Overseas Private Investment Corporation who shall be appointed by
the President of the United States, by and with the advice and consent
of the Senate, and who shall not be an official or employee of the
Government of the United States. Such Director shall be appointed for a
term of no more than three years.
(a)(1) There are transferred to the Secretary all functions of the
Secretary of the Treasury, the General Counsel of the Department of the
Treasury, or the Department of the Treasury pursuant to the following:
(A) section 305(b) of the Trade Agreements Act of 1979 (19 U.S.C.
2515(b)), to be exercised in consultation with the Secretary of the
Treasury;
(B) section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862);
(C) section 303 and title VII (including section 771(1) (19 U.S.C.
1677(1)) of the Tariff Act of 1930 (19 U.S.C. 1303, 1671 et seq.),
except that the Customs Service of the Department of the Treasury shall
accept such deposits, bonds, or other security as deemed appropriate by
the Secretary, shall assess and collect such duties as may be directed
by the Secretary, and shall furnish such of its important records or
copies thereof as may be requested by the Secretary incident to the
functions transferred by this subparagraph;
(D) sections 514, 515, and 516 of the Tariff Act of 1930 (19 U.S.C.
1514, 1515, and 1516) insofar as they relate to any protest, petition,
or notice of desire to contest described in section 1002(b)(1) of the
Trade Agreements Act of 1979 (19 U.S.C. 1516a note);
(E) with respect to the functions transferred by subparagraph (C) of
this paragraph, section 318 of the Tariff Act of 1930 (19 U.S.C. 1318),
to be exercised in consultation with the Secretary of the Treasury;
(F) with respect to the functions transferred by subparagraph (C) of
this paragraph, section 502(b) of the Tariff Act of 1930 (19 U.S.C.
1502(b)), and, insofar as it provides authority to issue regulations and
disseminate information, to be exercised in consultation with the
Secretary of the Treasury to the extent that the Secretary of the
Treasury has responsibility under subparagraph (C), section 502(a) of
such Act (19 U.S.C. 1502(a));
(G) with respect to the functions transferred by subparagraph (C) of
this paragraph, section 617 of the Tariff Act of 1930 (19 U.S.C. 1617);
and
(H) section 2632(e) of title 28 of the United States Code, insofar as
it relates to actions taken by the Secretary reviewable under section
516A of the Tariff Act of 1930 (19 U.S.C. 1516(a)) (19 U.S.C. 1516a).
(2) The Secretary shall consult with the Trade Representative
regularly in exercising the functions transferred by subparagraph (C) of
paragraph (1) of this subsection, and shall consult with the Trade
Representative regarding any substantive regulation proposed to be
issued to enforce such functions.
(b)(1) There are transferred to the Secretary all trade promotion and
commercial functions of the Secretary of State or the Department of
State that are --
(A) performed in full-time overseas trade promotion and commercial
positions; or
(B) performed in such countries as the President may from time to
time prescribe.
(2) To carry out the functions transferred by paragraph (1) of this
subsection, the President, to the extent he deems it necessary, may
authorize the Secretary to utilize Foreign Service personnel authorities
and to exercise the functions vested in the Secretary of State by the
Foreign Service Act of 1946 (22 U.S.C. 801 et seq.) (see 22 U.S.C. 3901
et seq.) and by any other laws with respect to personnel performing such
functions.
(c) There are transferred to the President all functions of the
East-West Foreign Trade Board under section 411(c) of the Trade Act of
1974 (19 U.S.C. 2441(c)).
(d) Appropriations available to the Department of State for Fiscal
Year 1980 for representation of the United States concerning matters
arising under the General Agreement on Tariffs and Trade and trade and
commodity matters dealt with under the auspices of the United Nations
Conference on Trade and Development are transferred to the Trade
Representative.
(e) There are transferred to the interagency organization established
under section 242 of the Trade Expansion Act of 1962 (19 U.S.C. 1872)
all functions of the East-West Foreign Trade Board under section 411(a)
and (b) of the Trade Act of 1974 (19 U.S.C. 2441(a) and (b)).
The East-West Foreign Trade Board established under section 411 of
the Trade Act of 1974 (19 U.S.C. 2441) is abolished.
Nothing in this reorganization plan is intended to derogate from the
responsibility of the Secretary of State for advising the President on
foreign policy matters, including the foreign policy aspects of
international trade and trade-related matters:
(a) So much of the personnel, property, records, and unexpended
balances of appropriations, allocations, and other funds employed, used,
held, available, or to be made available in connection with the
functions transferred under this reorganization plan as the Director of
the Office of Management and Budget shall determine shall be transferred
to the appropriate agency, organization, or component at such time or
times as such Director shall provide, except that no such unexpended
balances transferred shall be used for purposes other than those for
which the appropriation originally was made. The Director of the Office
of Management and Budget shall provide for terminating the affairs of
any agency abolished herein and for such further measures and
dispositions as such Director deems necessary to effectuate the purposes
of the reorganization plan.
(b) Pending the assumption of office by the initial officers provided
for in section 2 of this reorganization plan, the functions of each such
office may be performed, for up to a total of 60 days, by such
individuals as the President may designate. Any individual so
designated shall be compensated at the rate provided herein for such
position.
The provisions of this reorganization plan shall take effect October
1, 1980, or at such earlier time or times as the President shall
specify, but not sooner than the earliest time allowable under section
906 of title 5 of the United States Code.
(Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, section
2(b)(1) of this Reorg. Plan is effective Dec. 7, 1979).
(Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, sections 1,
2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)-(e), 6-8 of this Reorg.
Plan are effective Jan. 2, 1980, and section 5(b)(1) of this Reorg. Plan
is effective Apr. 1, 1980).
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of 1979, to
consolidate trade functions of the United States Government. I am
acting under the authority vested in me by the Reorganization Act of
1977, chapter 9 of title 5 of the United States Code, and pursuant to
section 1109 of the Trade Agreements Act of 1979 (19 U.S.C. 2111 note)
which directs that I transmit to the Congress a proposal to restructure
the international trade functions of the Executive branch.
The goal of this reorganization is to improve the capacity of the
Government to strengthen the export performance of United States
industry and to assure fair international trade practices, taking into
account the interests of all elements of our economy.
Recent developments, which have raised concern about the vitality of
our international trade performance, have focused much attention on the
way our trade machinery is organized. These developments include our
negative trade balance, increasing dependence upon foreign oil, and
international pressures on the dollar. New challenges, such as
implementation of the Multilateral Trade Negotiation (MTN) agreements
and trade with non-market economies, will further test our Government
trade organization.
We must be prepared to apply domestically the MTN codes on
procurement, subsidies, standards, and customs valuation. We also must
monitor major implementation measures abroad, reporting back to American
business on important developments and, where necessary, raising
questions internationally about foreign implementation. MTN will work
-- will open new markets for U.S. labor, farmers, and business -- only
if we have adequate procedures for aggressively monitoring and enforcing
it. We intend to meet our obligations, and we expect others to do the
same.
The trade machinery we now have cannot do this job effectively.
Although the Special Trade Representative (STR) takes the lead role in
administering the trade agreements program, many issues are handled
elsewhere and no agency has across-the-board leadership in trade. Aside
from the Trade Representative and the Export-Import Bank, trade is not
the primary concern of any Executive branch agency where trade functions
are located. The current arrangements lack a central authority capable
of planning a coherent trade strategy and assuring its vigorous
implementation.
This reorganization is designed to correct such deficiencies and to
prepare us for strong enforcement of the MTN codes. It aims to improve
our export promotion activities so that United States exporters can take
full advantage of trade opportunities in foreign markets. It provides
for the timely and efficient administration of our unfair trade laws.
It also establishes an efficient mechanism for shaping an effective,
comprehensive United States trade policy.
To achieve these objectives, I propose to place policy coordination
and negotiation -- those international trade functions that most require
comprehensiveness, influence, and Government-wide perspective -- in the
Executive Office of the President. I propose to place operational and
implementation responsibilities, which are staff-intensive, in line
departments that have the requisite resources and knowledge of the major
sectors of our economy to handle them. I have concluded that building
our trade structure on STR and Commerce, respectively, best satisfies
these considerations.
I propose to enhance STR, to be renamed the Office of the United
States Trade Representative, by centralizing in it international trade
policy development, coordination and negotiation functions. The
Commerce Department will become the focus of non-agricultural
operational trade responsibilities by adding to its existing duties
those for commercial representation abroad, antidumping and
countervailing duty cases, the non-agricultural aspects of MTN
implementation, national security investigations, and embargoes.
The Trade Representative, with the advice of the Trade Policy
Committee, will be responsible for developing and coordinating our
international trade and direct investment policy, including the
following areas:
Import remedies. -- The Trade Representative will exercise policy
oversight of the application of import remedies, analyze long-term
trends in import remedy cases and recommend any necessary legislative
changes. For antidumping and countervailing duty matters, such
coordination, to the extent legally permissible, will be directed toward
the establishment of new precedents, negotiation of assurances, and
coordination with other trade matters, rather than case-by-case fact
finding and determinations.
East-West trade policy. -- The Trade Representative will have lead
responsibility for East-West trade negotiations and will coordinate
East-West trade policy. The Trade Policy Committee will assume the
responsibilities of the East-West Foreign Trade Board.
International investment policy. -- The Trade Representative will
have the policy lead regarding issues of direct foreign investment in
the United States, direct investment by Americans abroad, operations of
multinational enterprises, and multilateral agreements on international
investment, insofar as such issues relate to international trade.
International commodity policy. -- The Trade Representative will
assume responsibility for commodity negotiations and also will
coordinate commodity policy.
Energy trade. -- While the Departments of Energy and State will
continue to share responsibility for international energy issues, the
Trade Representative will coordinate energy trade matters. The
Department of Energy will become a member of the TPC.
Export-expansion policy. -- To ensure a vigorous and coordinated
Government-wide export expansion effort, policy oversight of our export
expansion activities will be the responsibility of the Trade
Representative.
The Trade Representative will have the lead role in bilateral and
multilateral trade, commodity, and direct investment negotiations. The
Trade Representative will represent the United States in General
Agreement on Tariffs and Trade (GATT) matters. Since the GATT will be
the principal international forum for implementing and interpreting the
MTN agreements and since GATT meetings, including committee and working
group meetings, occur almost continuously, the Trade Representative will
have a limited number of permanent staff in Geneva. In some cases, it
may be necessary to assign a small number of USTR staff abroad to assist
in oversight of MTN enforcement. In this event, appropriate positions
will be authorized. In recognition of the responsibility of the
Secretary of State regarding our foreign policy, the activities of
overseas personnel of the Trade Representative and the Commerce
Department will be fully coordinated with other elements of our
diplomatic missions.
In addition to his role with regard to GATT matters, the Trade
Representative will have the lead responsibility for trade and commodity
matters considered in the Organization for Economic Cooperation and
Development (OECD) and the United Nations Conference on Trade and
Development (UNCTAD) when such matters are the primary issues under
negotiation. Because of the Secretary of State's foreign policy
responsibilities, and the responsibilities of the Director of the
International Development Cooperation Agency as the President's
principal advisor on development, the Trade Representative will exercise
his OECD and UNCTAD responsibilities in close cooperation with these
officials.
To ensure that all trade negotiations are handled consistently and
that our negotiating leverage is employed to the maximum, the Trade
Representative will manage the negotiation of particular issues. Where
appropriate, the Trade Representative may delegate responsibility for
negotiations to other agencies with expertise on the issues under
consideration. He will coordinate the operational aspects of
negotiations through a Trade Negotiating Committee, chaired by the Trade
Representative and including the Departments of Commerce, State,
Treasury, Agriculture and Labor.
The Trade Representative will be concerned not only with ongoing
negotiations and coordination of specific, immediate issues, but also --
very importantly -- with the development of long-term United States
trade strategies and policies. He will oversee implementation of the
MTN agreements, and will advise the President on the effects of other
Government policies (e.g., antitrust, taxation) on U.S. trade. In order
to participate more fully in oversight of international investment and
export financing activities, the Trade Representative will become a
member of the National Advisory Council on International Monetary and
Financial Policies and the Boards of the Export-Import Bank and the
Overseas Private Investment Corporation.
In performing these functions, the Trade Representative will act as
the principal trade spokesman of the President. To assure that our
trade policies take into account the broadest range of perspectives, the
Trade Representative will consult with the Trade Policy Committee, whose
mandate and membership will be expanded. The Trade Representative will,
as appropriate, invite agencies such as the Export-Import Bank and the
Overseas Private Investment Corporation to participate in TPC meetings
in addition to the permanent TPC members. When different departmental
views on trade matters exist within the TPC as will be the case from
time to time in this complex policy area, I will expect the Trade
Representative to resolve policy disagreements in his best judgment,
subject to appeal to the President.
The Department of Commerce, under this proposal, will become the
focal point of operational responsibilities in the non-agricultural
trade area. My reorganization plan will transfer to the Commerce
Department important responsibilities for administration of
countervailing and antidumping matters, foreign commercial
representation, and MTN implementation support. Consolidating these
trade functions in the Department of Commerce builds upon an agency with
extensive trade experience. The Department will retain its operational
responsibilities in such areas as export controls, East-West trade,
trade adjustment assistance to firms and communities, trade policy
analysis, and monitoring foreign compliance with trade agreements. The
Department will be substantially reorganized to consolidate and reshape
its trade functions under an Under Secretary for International Trade.
With this reorganization, trade functions will be strengthened within
the Department of Commerce, and such related efforts in the Department
as improvement of industrial innovation and the productivity,
encouraging local and regional economic development, and sectoral
analysis, will be closely linked to an aggressive trade program.
Fostering the international competitiveness of American industry will
become the principal mission of the Department of Commerce.
Import remedies
I propose to transfer to the Department of Commerce responsibility
for administration of the countervailing duty and antidumping statutes.
This function will be performed efficiently and effectively in an
organizational setting where trade is the primary mission. This
activity will be directed by a new Assistant Secretary for Trade
Administration, subject to Senate confirmation. Although the plan
permits its provisions to take effect as late as October 1, 1980, I
intend to make this transfer effective by January 1, 1980, so that it
will occur as the new MTN codes take effect. Commerce will continue its
supportive role in the staffing of other unfair trade practice issues,
such as cases arising under section 301 of the Trade Act of 1974 (19
U.S.C. 2411).
Commercial representation
This reorganization plan will transfer to the Department of Commerce
responsibility for commercial representation abroad. This transfer
would place both domestic and overseas export promotion activities under
a single organization, directed by an Assistant Secretary for Export
Development, charged with aggressively expanding U.S. export
opportunities. Placing this Foreign Commercial Service in the Commerce
Department will allow commercial officers to concentrate on the
promotion of U.S. exports as their principal activity.
Initially, the transfer of commercial representation from State to
Commerce will involve all full-time overseas trade promotion and
commercial positions (approximately 162), responsibility for this
function in the countries (approximately 60) to which these individuals
are assigned, and the associated foreign national employees in those
countries. Over time, the Department of Commerce undoubtedly will
review the deployment of commercial officers in light of changing trade
circumstances and propose extensions or alterations of coverage of the
Foreign Commercial Service.
MTN implementation
I am dedicated to the aggressive implementation of the Multilateral
Trade Agreements. The United States must seize the opportunities and
enforce the obligations created by these agreements. Under this
proposal, the Department of Commerce will assign high priority to this
task. The Department of Commerce will be responsible for the day-to-day
implementation of non-agricultural aspects of the MTN agreements.
Management of this function will be a principal assignment of an
Assistant Secretary for Trade Policy and Programs. Implementation
activities will include:
monitoring agreements and targeting problems for consultation and
negotiation;
operating a Trade Complaint Center where the private sector can
receive advice as to the recourse and remedies available;
aiding in the settlement of disputes, including staffing of formal
complaint cases;
identifying problem areas for consideration by the Trade
Representative and the Trade Policy Committee;
educational and promotion programs regarding the provisions of the
agreements and the processes for dealing with problems that arise;
providing American business with basic information on foreign laws,
regulations and procedures;
consultations with private sector advisory committees; and
general analytical support.
These responsibilities will be handled by a unit built around the
staff from Commerce that provided essential analytical support to STR
throughout the MTN negotiation process. Building implementation of MTN
around this core group will assure that the government's institutional
memory and expertise on MTN is most effectively devoted to the challenge
ahead. When American business needs information or encounters problems
in the MTN area, it can turn to the Department of Commerce for
knowledgeable assistance.
Matching the increased importance of trade in the Department's
mission will be a much strengthened trade organization within the
Department. By creating a number of new senior level positions in the
Department, we will ensure that trade policy implementation receives the
kind of day-to-day top management attention that it both demands and
requires.
With its new responsibilities and resources, the Department of
Commerce will become a key participant in the formulation of our trade
policies. Much of the analysis in support of trade policy formulation
will be conducted by the Department of Commerce, which will be close to
the operational aspects of the problems that raise policy issues.
To succeed in global competition, we must have a better understanding
of the problems and prospects of U.S. industry, particularly in relation
to the growing strength of industries abroad. This is the key reason
why we will upgrade sectoral analysis capabilities throughout the
Department of Commerce, including the creation of a new Bureau of
Industrial Analysis. Commerce, with its ability to link trade to
policies affecting industry, is uniquely suited to serve as the
principal technical expert within the Government on special industry
sector problems requiring international consultation, as well as to
provide industry-specific information on how tax, regulatory and other
Government policies affect the international competitiveness of the U.S.
industries.
Commerce will also expand its traditional trade policy focus on
industrial issues to deal with the international trade and investment
problems of our growing services sector. Under the proposal, there will
be comprehensive service industry representation in our industry
advisory process, as well as a continuing effort to bring services under
international discipline. I expect the Commerce Department to play a
major role in developing new service sector initiatives for
consideration within the Government.
After an investigation lasting over a year, I have found that this
reorganization is necessary to carry out the policy set forth in section
901(a) of title 5 of the United States Code. As described above, this
reorganization will increase significantly our ability to implement the
MTN agreements efficiently and effectively and will improve greatly the
services of the government with regard to export development. These
improvements will be achieved with no increase in personnel or
expenditures, except for an annual expense of about $300,000 for the
salaries and clerical support of the three additional senior Commerce
Department officials and a non-recurring expense of approximately
$600,000 in connection with the transfers of functions provided in the
plan. I find that the reorganization made by this plan makes necessary
the provisions for the appointment and pay of a Deputy Secretary, an
Under Secretary for International Trade, and two additional Assistant
Secretaries of the Department of Commerce, and additional members of the
Boards of Directors of the Export-Import Bank and the Overseas Private
Investment Corporation.
It is indeed appropriate that this proposal follows so soon after the
overwhelming approval by the Congress of the Trade Agreements Act of
1979 (19 U.S.C. 2501 et seq.), for it will sharpen and unify trade
policy direction, improve the efficiency of trade law enforcement, and
enable us to negotiate abroad from a position of strength. The
extensive discussions between Administration officials and the Congress
on this plan have been a model of the kind of cooperation that can exist
between the two branches. I look forward to our further cooperation in
successfully implementing both this reorganization proposal and the MTN
agreements.
Jimmy Carter.
The White House, September 25, 1979.
Ex. Ord. No. 11143, Mar. 2, 1963, 29 F.R. 3127, as amended by Ex.
Ord. No. 11159, June 23, 1964, 29 F.R. 8137, formerly set out under
section 1871 of this title, which established the Public Advisory
Committee for Trade Expansion, was revoked by Ex. Ord. No. 11425, Aug.
30, 1968, 33 F.R. 12363, set out below.
Ex. Ord. No. 11425, Aug. 30, 1968, 33 F.R. 12363, formerly set out
under section 1871 of this title, which directed the Special
Representative for Trade Negotiations (established by Ex. Ord. No.
11075, Jan. 15, 1963, 28 F.R. 473) to conduct a long range study of
United States foreign trade policy and to consider the views of
Congress, the Public Advisory Committee on Trade Policy, and other
federal agencies; established the Public Advisory Committee on Trade
Policy for purposes of this study; and abolished the Public Advisory
Committee for Trade Negotiations; was omitted in view of the revocation
of Ex. Ord. No. 11075 by Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R.
14291, set out under section 2111 of this title, and in view of the
abolition of the Office of Special Representative for Trade Negotiations
(as established under Ex. Ord. No. 11075) by section 2171(g) of this
title.
Reorganization of Functions Relating to International
Trade
Ex. Ord. No. 12175, Dec. 7, 1979, 44 F.R. 70703, provided:
By the authority vested in me as President of the United States of
America by Section 9 of Reorganization Plan No. 3 of 1979 (transmitted
to the Congress on September 25, 1979) (set out as a note above), the
time period prescribed by Section 906 of Title 5 of the United States
Code having elapsed without the adoption of a resolution of disapproval
by either House of Congress, it is hereby ordered that Section 2(b)(1)
of that Plan, establishing the Office of Deputy Secretary of Commerce,
is effective immediately.
Jimmy Carter.
Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, as amended by Ex.
Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968, provided:
By the authority vested in me by the Trade Agreements Act of 1979
(see 19 U.S.C. 2501), the Trade Act of 1974 (this chapter), the Trade
Expansion Act of 1962 (see Short Title note set out under section 1801
of this title), section 350 of the Tariff Act of 1930 (19 U.S.C. 1351),
Reorganization Plan No. 3 of 1979 (set out as a note above), and
section 301 of title 3 of the United States Code, and as President of
the United States, it is hereby ordered as follows:
Section 1-101. The United States Trade Representative.
(a) Except as may be otherwise expressly provided by law, the United
States Trade Representative (hereinafter referred to as the ''Trade
Representative'') shall be chief representative of the United States
for:
(1) all activities of, or under the auspices of, the General
Agreement on Tariffs and Trade;
(2) discussions, meetings, and negotiations in the Organization for
Economic Cooperation and Development when trade or commodity issues are
the primary issues under consideration;
(3) negotiations in the United Nations Conference on Trade and
Development and other multilateral institutions when trade or commodity
issues are the primary issues under consideration;
(4) other bilateral or multilateral negotiations when trade,
including East-West trade, or commodities is the primary issue under
consideration;
(5) negotiations under sections 704 and 734 of the Tariff Act of 1930
(19 U.S.C. 1671c and 1673c); and
(6) negotiations concerning direct investment incentives and
disincentives and bilateral investment issues concerning barriers to
investment.
For purposes of this subsection, the term ''negotiations'' includes
discussions and meetings with foreign governments and instrumentalities
primarily concerning preparations for formal negotiations and policies
regarding implementation of agreements resulting from such negotiations.
(b) The Trade Representative, in consultation with the Trade
Negotiating Committee, shall invite such members of the Trade
Negotiating Committee and representatives of other departments or
agencies as may be appropriate to participate in the negotiations and
other activities listed in subsection (a).
(c) The Trade Representative, in consultation with the Trade
Negotiating Committee, may delegate to any member of the Trade
Negotiating Committee, or to any other appropriate department or agency,
primary responsibility for representing the United States in any of the
negotiations and other activities set forth in subsection (a).
(d) The Trade Representative, or any department or agency to which
responsibility for representing the United States in a negotiation or
other activity has been delegated pursuant to subsection (c), shall
consult with the Trade Policy Committee and with any affected regulatory
agencies on the policy issues arising in connection with the
negotiations and other activities listed in subsection (a).
Sec. 1-102. The Trade Policy Committee.
(a) As provided by section 242 of the Trade Expansion Act of 1962 (19
U.S.C. 1872), the Trade Policy Committee (hereinafter referred to as the
''Committee'') is continued. The Committee shall have the functions
specified by law or by the President, including those specified in
section 1(b)(3) of Reorganization Plan No. 3 of 1979 (set out as a note
above).
(b) The Committee shall be composed of the following:
(1) The Trade Representative, who shall be Chair
(2) The Secretary of Commerce, who shall be Vice Chair
(3) The Secretary of State
(4) The Secretary of the Treasury
(5) The Secretary of Defense
(6) The Attorney General
(7) The Secretary of the Interior
(8) The Secretary of Agriculture
(9) The Secretary of Labor
(10) The Secretary of Transportation
(11) The Secretary of Energy
(12) The Director of the Office of Management and Budget
(13) The Chairman of the Council of Economic Advisers
(14) The Assistant to the President for National Security Affairs
(15) The Director of the United States International Development
Cooperation Agency.
The Chair and any member of the Committee may designate a subordinate
officer whose status is not below that of an Assistant Secretary to
serve in his stead when he is unable to attend any meetings of the
Committee. The Chair may invite representatives from other agencies to
attend the meetings of the Committee.
(c)(1) There is established, as a subcommittee of the Committee, a
Trade Negotiating Committee which shall advise the Trade Representative
on the management of negotiations referred to in section 1-101(a) of
this order. The members of such subcommittee shall be the Trade
Representative (Chair), the Secretary of State, the Secretary of the
Treasury, the Secretary of Agriculture, the Secretary of Commerce, and
the Secretary of Labor.
(2) The Trade Representative, with the advice of the Committee, may
create additional subcommittees thereof.
(d) In advising the President on international trade and related
matters, the Trade Representative shall take into account and reflect
the views of the members of the Committee and of other interested
agencies.
Sec. 1-103. Delegation of Functions.
(a) The function vested in the President by section 412(b) of the
Trade Agreements Act of 1979 (19 U.S.C. 2542(b)) is delegated to the
Secretary of Commerce with regard to the technical office established
under section 412(a)(1) of such Act (19 U.S.C. 2542(a)(1)) and to the
Secretary of Agriculture with regard to the technical office established
under section 412(a)(2) of such Act (19 U.S.C. 2542(a)(2)). In
prescribing the functions of each technical office, the Secretary
concerned shall consult with the Trade Representative and with all
affected regulatory agencies. The functions delegated by this section
shall be exercised in coordination with the Trade Representative.
(b) The functions of the President under sections 2(b) and 303 of the
Trade Agreements Act of 1979 (19 U.S.C. 2503(b) and 2513) and section
701(b) of the Tariff Act of 1930 (19 U.S.C. 1671(b)) are delegated to
the Trade Representative, who shall exercise such authority with the
advice of the Trade Policy Committee.
Sec. 1-104. Authority Under the Foreign Service Act and Related Laws.
(a) The Secretary of Commerce (hereinafter referred to as the
''Secretary'') is authorized to establish a Foreign Commercial Service
in the Department of Commerce, and a category of career officers of the
Foreign Commercial Service to be known as Foreign Commercial Officers.
For purposes of the utilization by the Secretary of the authorities
granted to the Secretary under this section, the terms ''Foreign
Service'' and ''Foreign Service Officer'' shall be construed to mean
''Foreign Commercial Service'' and ''Foreign Commercial Officer,''
respectively.
(b) (Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968.)
(c) The Board of the Foreign Service and the Board of Examiners for
the Foreign Service established by Executive Order 11264 of December 31,
1965, as amended (22 U.S.C. 826 note), shall exercise with respect to
Foreign Service personnel of the Department of Commerce the functions
delegated to them by that order with respect to Foreign Service
personnel of the Department of State. The Boards shall perform such
additional functions with respect to Foreign Service personnel of the
Department of Commerce as the Secretary may from time to time delegate
or otherwise assign, consistent with the functions of such boards.
Sec. 1-105. Prior Executive Orders and Determination.
(a) Section 1(b) of Executive Order 11269 of February 14, 1966, as
amended (22 U.S.C. 286b note), is amended by adding ''the United States
Trade Representative,'' after ''the Secretary of State,''.
(b)(1) Section 1 of Executive Order 11539 of June 30, 1970 (7 U.S.C.
1854 note), is amended to read as follows:
''Section 1. The United States Trade Representative, with the
concurrence of the Secretary of Agriculture and the Secretary of State,
is authorized to negotiate bilateral agreements with representatives of
governments of foreign countries limiting the export from the respective
countries and the importation into the United States of --
''(1) fresh, chilled, or frozen cattle meat,
''(2) fresh, chilled, or frozen meat of goats and sheep (except
lambs), and
''(3) prepared and preserved beef and veal (except sausage) if
articles are prepared, whether fresh, chilled, or frozen, but not
otherwise preserved, that are the products of such countries.''.
(2) Section 4 of such order is amended by striking out ''the
Secretary of State'' and inserting in lieu thereof ''the United States
Trade Representative''.
(c) The last sentence of section 1(a) of Executive Order 11651 of
March 3, 1972, as amended (7 U.S.C. 1854 note) is amended to read as
follows: ''The United States Trade Representative, or his designee,
also shall be a member of the Committee.''.
(d) The first sentence of section 3 of Executive Order 11703 of
February 7, 1973 (19 U.S.C. 1862 note), is amended to read as follows:
''The Oil Policy Committee shall henceforth consist of the United States
Trade Representative, chair, and the Secretaries of State, Treasury,
Defense, the Interior, Commerce and Energy, the Attorney General, and
the Chairman of the Council of Economic Advisers, as members.''.
(e) Sections 2(b) and 3(a), the first sentence of section 3(c), and
sections 3(e), 3(f), and 6 of Executive Order 11846 of March 27, 1975,
as amended (19 U.S.C. 2111 note), are revoked.
(f)(1) Section 1(a)(5) of Executive Order 11858 of May 7, 1975 (22
U.S.C. 2841 note), is amended to read: ''(5) The United States Trade
Representative''.
(2) Section 1(a)(6) of such order is amended to read: ''(6) The
Chairman of the Council of Economic Advisers''.
(g) Executive Order 12096 of November 2, 1978, is revoked.
(h) The last paragraph of the Presidential Determination Regarding
the Acceptance and Application of Certain International Trade Agreements
(dated December 14, 1979) (44 FR 74781, at 74784; December 18, 1979)
(19 U.S.C. 2503 note), delegating functions under section 2(b) of the
Trade Agreements Act of 1979 (19 U.S.C. 2503(b)) and section 701(b) of
the Tariff Act of 1930 (19 U.S.C. 1671b), is revoked.
(i) Any reference to the Office of the Special Representative for
Trade Negotiations or to the Special Representative for Trade
Negotiations in any Executive order, Proclamation, or other document
shall be deemed to refer to the Office of the United States Trade
Representative or to the United States Trade Representative,
respectively.
Sec. 1-106. Incidental Transfers and Reassignments.
So much of the personnel, property, records, and unexpended balances
of appropriations, allocations, and other funds employed, used, held,
available, or to be made available in connection with functions
transferred or reassigned by the provisions of this order as the
Director of the Office of Management and Budget shall determine shall be
transferred or reassigned for use in connection with such functions.
Sec. 1-107. Effective Dates.
(a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4, 5(a), 5(b)(2), 5(c)
through (e), and 6 through 8 of Reorganization Plan No. 3 of 1979 (set
out as a note above) and the provisions of this order, shall take effect
as of January 2, 1980.
(b) Section 5(b)(1) of such plan (set out as a note above) shall take
effect as of April 1, 1980.
Jimmy Carter.
/1/ So in original. Probably should be section ''5315''.
19 USC Part 5 -- Congressional Procedures With Respect to Presidential
Actions
TITLE 19 -- CUSTOMS DUTIES
19 USC 2191. Bills implementing trade agreements on nontariff barriers
and resolutions approving commercial agreements with Communist countries
TITLE 19 -- CUSTOMS DUTIES
(a) Rules of House of Representatives and Senate
This section and sections 2192 and 2193 of this title are enacted by
the Congress --
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such they are
deemed a part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House in the
case of implementing bills described in subsection (b)(1) of this
section, implementing revenue bills described in subsection (b) (2) of
this section, approval resolutions described in subsection (b)(3) of
this section, and resolutions described in sections 2192(a) and 2193(a)
of this title; and they supersede other rules only to the extent that
they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either House
to change the rules (so far as relating to the procedure of that House)
at any time, in the same manner and to the same extent as in the case of
any other rule of that House.
(b) Definitions
For purposes of this section --
(1) The term ''implementing bill'' means only a bill of either House
of Congress which is introduced as provided in subsection (c) of this
section with respect to one or more trade agreements submitted to the
House of Representatives and the Senate under section 2112 of this title
or section 2903(a)(1) of this title and which contains --
(A) a provision approving such trade agreement or agreements,
(B) a provision approving the statement of administrative action (if
any) proposed to implement such trade agreement or agreements, and
(C) if changes in existing laws or new statutory authority is
required to implement such trade agreement or agreements, provisions,
necessary or appropriate to implement such trade agreement or
agreements, either repealing or amending existing laws or providing new
statutory authority.
(2) The term ''implementing revenue bill or resolution'' means an
implementing bill, or approval resolution, which contains one or more
revenue measures by reason of which it must originate in the House of
Representatives.
(3) The term ''approval resolution'' means only a joint resolution of
the two Houses of the Congress, the matter after the resolving clause of
which is as follows: ''That the Congress approves the extension of
nondiscriminatory treatment with respect to the products of XXXX
transmitted by the President to the Congress on XXXX.'', the first blank
space being filled with the name of the country involved and the second
blank space being filled with the appropriate date.
(c) Introduction and referral
(1) On the day on which a trade agreement is submitted to the House
of Representatives and the Senate under section 2112 of this title, the
implementing bill submitted by the President with respect to such trade
agreement shall be introduced (by request) in the House by the majority
leader of the House, for himself and the minority leader of the House,
or by Members of the House designated by the majority leader and
minority leader of the House; and shall be introduced (by request) in
the Senate by the majority leader of the Senate, for himself and the
minority leader of the Senate, or by Members of the Senate designated by
the majority leader and minority leader of the Senate. If either House
is not in session on the day on which such a trade agreement is
submitted, the implementing bill shall be introduced in that House, as
provided in the preceding sentence, on the first day thereafter on which
that House is in session. Such bills shall be referred by the Presiding
Officers of the respective Houses to the appropriate committee, or, in
the case of a bill containing provisions within the jurisdiction of two
or more committees, jointly to such committees for consideration of
those provisions within their respective jurisdictions.
(2) On the day on which a bilateral commercial agreement, entered
into under subchapter IV of this chapter after January 3, 1975, is
transmitted to the House of Representatives and the Senate, an approval
resolution with respect to such agreement shall be introduced (by
request) in the House by the majority leader of the House, for himself
and the minority leader of the House, or by Members of the House
designated by the majority leader and minority leader of the House; and
shall be introduced (by request) in the Senate by the majority leader of
the Senate, for himself and the minority leader of the Senate, or by
Members of the Senate designated by the majority leader and minority
leader of the Senate. If either House is not in session on the day on
which such an agreement is transmitted, the approval resolution with
respect to such agreement shall be introduced in that House, as provided
in the preceding sentence, on the first day thereafter on which that
House is in session. The approval resolution introduced in the House
shall be referred to the Committee on Ways and Means and the approval
resolution introduced in the Senate shall be referred to the Committee
on Finance.
(d) Amendments prohibited
No amendment to an implementing bill or approval resolution shall be
in order in either the House of Representatives or the Senate; and no
motion to suspend the application of this subsection shall be in order
in either House, nor shall it be in order in either House for the
Presiding Officer to entertain a request to suspend the application of
this subsection by unanimous consent.
(e) Period for committee and floor consideration
(1) Except as provided in paragraph (2), if the committee or
committees of either House to which an implementing bill or approval
resolution has been referred have not reported it at the close of the
45th day after its introduction, such committee or committees shall be
automatically discharged from further consideration of the bill or
resolution and it shall be placed on the appropriate calendar. A vote
on final passage of the bill or resolution shall be taken in each House
on or before the close of the 15th day after the bill or resolution is
reported by the committee or committees of that House to which it was
referred, or after such committee or committees have been discharged
from further consideration of the bill or resolution. If prior to the
passage by one House of an implementing bill or approval resolution of
that House, that House receives the same implementing bill or approval
resolution from the other House, then --
(A) the procedure in that House shall be the same as if no
implementing bill or approval resolution had been received from the
other House, but
(B) the vote on final passage shall be on the implementing bill or
approval resolution of the other House.
(2) The provisions of paragraph (1) shall not apply in the Senate to
an implementing revenue bill or resolution. An implementing revenue
bill or resolution received from the House shall be referred to the
appropriate committee or committees of the Senate. If such committee or
committees have not reported such bill or resolution at the close of the
15th day after its receipt by the Senate (or, if later, before the close
of the 45th day after the corresponding implementing revenue bill or
resolution was introduced in the Senate), such committee or committees
shall be automatically discharged from further consideration of such
bill or resolution and it shall be placed on the calendar. A vote on
final passage of such bill or resolution shall be taken in the Senate on
or before the close of the 15th day after such bill or resolution is
reported by the committee or committees of the Senate to which it was
referred, or after such committee or committees have been discharged
from further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing a number of
days in either House, there shall be excluded any day on which that
House is not in session.
(f) Floor consideration in the House
(1) A motion in the House of Representatives to proceed to the
consideration of an implementing bill or approval resolution shall be
highly privileged and not debatable. An amendment to the motion shall
not be in order, nor shall it be in order to move to reconsider the vote
by which the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on an implementing bill or
approval resolution shall be limited to not more than 20 hours, which
shall be divided equally between those favoring and those opposing the
bill or resolution. A motion further to limit debate shall not be
debatable. It shall not be in order to move to recommit an implementing
bill or approval resolution or to move to reconsider the vote by which
an implementing bill or approval resolution is agreed to or disagreed
to.
(3) Motions to postpone, made in the House of Representatives with
respect to the consideration of an implementing bill or approval
resolution, and motions to proceed to the consideration of other
business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to an implementing bill or approval resolution shall
be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of an implementing bill or
approval resolution shall be governed by the Rules of the House of
Representatives applicable to other bills and resolutions in similar
circumstances.
(g) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the consideration of an
implementing bill or approval resolution shall be privileged and not
debatable. An amendment to the motion shall not be in order, nor shall
it be in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill or approval
resolution, and all debatable motions and appeals in connection
therewith, shall be limited to not more than 20 hours. The time shall
be equally divided between, and controlled by, the majority leader and
the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with an implementing bill or approval resolution shall be
limited to not more than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the bill or resolution,
except that in the event the manager of the bill or resolution is in
favor of any such motion or appeal, the time in opposition thereto,
shall be controlled by the minority leader or his designee. Such
leaders, or either of them, may, from time under their control on the
passage of an implementing bill or approval resolution, allot additional
time to any Senator during the consideration of any debatable motion or
appeal.
(4) A motion in the Senate to further limit debate is not debatable.
A motion to recommit an implementing bill or approval resolution is not
in order.
(Pub. L. 93-618, title I, 151, Jan. 3, 1975, 88 Stat. 2001; Pub.
L. 100-418, title I, 1107(b)(1), Aug. 23, 1988, 102 Stat. 1135; Pub.
L. 101-382, title I, 132(b)(2), Aug. 20, 1990, 104 Stat. 645.)
1990 -- Subsec. (b)(2). Pub. L. 101-382, 132(b)(2)(A), (B),
inserted ''or resolution'' after ''revenue bill'' and '', or approval
resolution,'' after ''implementing bill''.
Subsec. (b)(3). Pub. L. 101-382, 132(b)(2)(C), substituted ''joint''
for ''concurrent''.
Subsec. (e)(2). Pub. L. 101-382, 132(b)(2)(D), (E), substituted
''revenue bill or resolution'' for ''revenue bill'' in three places and
''such bill or resolution'' for ''such bill'' in five places.
1988 -- Subsec. (b)(1). Pub. L. 100-418 inserted reference to
section 2903(a)(1) of this title.
19 USC 2192. Resolutions disapproving certain actions
TITLE 19 -- CUSTOMS DUTIES
(a) Contents of resolutions
(1) For purposes of this section, the term ''resolution'' means only
--
(A) a joint resolution of the two Houses of the Congress, the matter
after the resolving clause of which is as follows: ''That the Congress
does not approve the action taken by, or the determination of, the
President under section 203 of the Trade Act of 1974 transmitted to the
Congress on XXX.'', the blank space being filled with the appropriate
date; and
(B) a joint resolution of the two Houses of Congress, the matter
after the resolving clause of which is as follows: ''That the Congress
does not approve XXX transmitted to the Congress on XXX.'', with the
first blank space being filled in accordance with paragraph (2), and the
second blank space being filled with the appropriate date.
(2) The first blank space referred to in paragraph (1)(B) shall be
filled as follows:
(A) in the case of a resolution referred to in section 1303(e) of
this title, with the phrase ''the determination of the Secretary of the
Treasury under section 303(d) of the Tariff Act of 1930''; and
(B) in the case of a resolution referred to in section 2437(c)(2) of
this title, with the phrase ''the report of the President submitted
under section XXX of the Trade Act of 1974 with respect to XXX'' (with
the first blank space being filled with ''402(b)'' or ''409(b)'', as
appropriate, and the second blank space being filled with the name of
the country involved).
(b) Reference to committees
All resolutions introduced in the House of Representatives shall be
referred to the Committee on Ways and Means and all resolutions
introduced in the Senate shall be referred to the Committee on Finance.
(c) Discharge of committees
(1) If the committee of either House to which a resolution has been
referred has not reported it at the end of 30 days after its
introduction, not counting any day which is excluded under section
2194(b) of this title, it is in order to move either to discharge the
committee from further consideration of the resolution or to discharge
the committee from further consideration of any other resolution
introduced with respect to the same matter, except that a motion to
discharge --
(A) may only be made on the second legislative day after the calendar
day on which the Member making the motion announces to the House his
intention to do so; and
(B) is not in order after the Committee /1/ has reported a resolution
with respect to the same matter.
(2) A motion to discharge under paragraph (1) may be made only by an
individual favoring the resolution, and is highly privileged in the
House and privileged in the Senate; and debate thereon shall be limited
to not more than 1 hour, the time to be divided in the House equally
between those favoring and those opposing the resolution, and to be
divided in the Senate equally between, and controlled by, the majority
leader and the minority leader or their designees. An amendment to the
motion is not in order, and it is not in order to move to reconsider the
vote by which the motion is agreed to or disagreed to.
(d) Floor consideration in the House
(1) A motion in the House of Representatives to proceed to the
consideration of a resolution shall be highly privileged and not
debatable. An amendment to the motion shall not be in order, nor shall
it be in order to move to reconsider the vote by which the motion is
agreed to or disagreed to.
(2) Debate in the House of Representatives on a resolution shall be
limited to not more than 20 hours, which shall be divided equally
between those favoring and those opposing the resolution. A motion
further to limit debate shall not be debatable. No amendment to, or
motion to recommit, the resolution shall be in order. It shall not be
in order to move to reconsider the vote by which a resolution is agreed
to or disagreed to.
(3) Motions to postpone, made in the House of Representatives with
respect to the consideration of a resolution, and motions to proceed to
the consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the
application of the Rules of the House of Representatives to the
procedure relating to a resolution shall be decided without debate.
(5) Except to the extent specifically provided in the preceding
provisions of this subsection, consideration of a resolution in the
House of Representatives shall be governed by the Rules of the House of
Representatives applicable to other resolutions in similar
circumstances.
(e) Floor consideration in the Senate
(1) A motion in the Senate to proceed to the consideration of a
resolution shall be privileged. An amendment to the motion shall not be
in order, nor shall it be in order to move to reconsider the vote by
which the motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all debatable motions
and appeals in connection therewith, shall be limited to not more than
20 hours, to be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in
connection with a resolution shall be limited to not more than 1 hour,
to be equally divided between, and controlled by, the mover and the
manager of the resolution, except that in the event the manager of the
resolution is in favor of any such motion or appeal, the time in
opposition thereto, shall be controlled by the minority leader or his
designee. Such leaders, or either of them, may, from time under their
control on the passage of a resolution, allot additional time to any
Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a resolution,
debatable motion, or appeal is not debatable. No amendment to, or
motion to recommit, a resolution is in order in the Senate.
(f) Procedures in the Senate
(1) Except as otherwise provided in this section, the following
procedures shall apply in the Senate to a resolution to which this
section applies:
(A)(i) Except as provided in clause (ii), a resolution that has
passed the House of Representatives shall, when received in the Senate,
be referred to the Committee on Finance for consideration in accordance
with this section.
(ii) If a resolution to which this section applies was introduced in
the Senate before receipt of a resolution that has passed the House of
Representatives, the resolution from the House of Representatives shall,
when received in the Senate, be placed on the calendar. If this clause
applies, the procedures in the Senate with respect to a resolution
introduced in the Senate that contains the identical matter as the
resolution that passed the House of Representatives shall be the same as
if no resolution had been received from the House of Representatives,
except that the vote on passage in the Senate shall be on the resolution
that passed the House of Representatives.
(B) If the Senate passes a resolution before receiving from the House
of Representatives a joint resolution that contains the identical
matter, the joint resolution shall be held at the desk pending receipt
of the joint resolution from the House of Representatives. Upon receipt
of the joint resolution from the House of Representatives, such joint
resolution shall be deemed to be read twice, considered, read the third
time, and passed.
(2) If the texts of joint resolutions described in this section or
section 2193(a) of this title, whichever is applicable, concerning any
matter are not identical --
(A) the Senate shall vote passage on the resolution introduced in the
Senate, and
(B) the text of the joint resolution passed by the Senate shall,
immediately upon its passage (or, if later, upon receipt of the joint
resolution passed by the House), be substituted for the text of the
joint resolution passed by the House of Representatives, and such
resolution, as amended, shall be returned with a request for a
conference between the two Houses.
(3) Consideration in the Senate of any veto message with respect to a
joint resolution described in subsection (a)(2)(B) of this section or
section 2193(a) of this title, including consideration of all debatable
motions and appeals in connection therewith, shall be limited to 10
hours, to be equally divided between, and controlled by, the majority
leader and the minority leader or their designees.
(Pub. L. 93-618, title I, 152, Jan. 3, 1975, 88 Stat. 2004; Pub.
L. 96-39, title IX, 902(a)(1), title XI, 1106(c)(5), July 26, 1979, 93
Stat. 299, 312; Pub. L. 98-573, title II, 248(b), Oct. 30, 1984, 98
Stat. 2998; Pub. L. 101-382, title I, 132(c)(2)-(5), Aug. 20, 1990,
104 Stat. 646, 647.)
Section 203 of the Trade Act of 1974, referred to in subsec.
(a)(1)(A), is section 203 of Pub. L. 93-618, title II, Jan. 3, 1975,
88 Stat. 2015, which is classified to section 2253 of this title.
Section 303(d) of the Tariff Act of 1930, referred to in subsec.
(a)(2)(A), is section 303 of act June 17, 1930, ch. 497, title III, 46
Stat. 687, which is classified to section 1303 of this title.
Sections 402(b) and 409(b) of the Trade Act of 1974, referred to in
subsec. (a)(2)(C), are sections 402(b) and 409(b) of Pub. L. 93-618,
title IV, Jan. 3, 1975, 88 Stat. 2060, 2064, respectively, which are
classified to sections 2432 and 2439 of this title, respectively.
1990 -- Subsec. (a)(1)(B). Pub. L. 101-382, 132(c)(2), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: ''a resolution of either House of the Congress, the matter
after the resolving clause of which is as follows: 'That the XXX does
not approve XXX transmitted to the Congress on XXX.', with the first
blank space being filled with the name of the resolving House, the
second blank space being filled in accordance with paragraph (2), and
the third blank space being filled with the appropriate date.''
Subsec. (a)(2). Pub. L. 101-382, 132(c)(3), substituted ''first''
for ''second'' in introductory provisions and ''2437(c)(2)'' for
''2437(c)(3)'' in subpar. (C), redesignated subpar. (C) as (B), and
struck out former subpar. (B) which read as follows: ''in the case of
a resolution referred to in section 2437(c)(2) of this title, with the
phrase 'the extension of nondiscriminatory treatment with respect to the
products of XXX' (with this blank space being filled with the name of
the country involved); and''.
Subsec. (c)(1). Pub. L. 101-382, 132(c)(4), substituted ''except
that a motion to discharge --
''(A) may only be made on the second legislative day after the
calendar day on which the Member making the motion announces to the
House his intention to do so; and
''(B) is not in order after the Committee has reported a resolution
with respect to the same matter'' for ''except no motion to discharge
shall be in order after the committee has reported a resolution with
respect to the same matter''.
Subsec. (f). Pub. L. 101-382, 132(c)(5), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ''In the
case of a resolution described in subsection (a)(1) of this section, if
prior to the passage by one House of a resolution of that House, that
House receives a resolution with respect to the same matter from the
other House, then --
''(1) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
''(2) the vote on final passage shall be on the resolution of the
other House.''
1984 -- Subsec. (a)(1)(A). Pub. L. 98-573 substituted ''joint
resolution'' for ''concurrent resolution''.
1979 -- Subsec. (a)(1)(A). Pub. L. 96-39, 902(a)(1)(A), substituted
''does not approve the action taken by, or the determination of, the
President under section 203 of the Trade Act of 1974 transmitted to the
Congress on XXX.', the blank space being filled with the appropriate
date'' for ''does not approve XXX transmitted to the Congress on XXX.',
the first blank space being filled in accordance with paragraph (2) and
the second blank space being filled with the appropriate date''.
Subsec. (a)(1)(B). Pub. L. 96-39, 902(a)(1)(B), substituted
''paragraph (2),'' for ''paragraph (3),''.
Subsec. (a)(2), (3). Pub. L. 96-39, 902(a)(1)(C), (D), redesignated
par. (3) as (2). Former par. (2), relating to the first blank space
referred to in subsec. (a)(1)(A), was struck out.
Subsec. (c)(1). Pub. L. 96-39, 1106(c)(5), substituted ''section
2194(b) of this title'' for ''section 2193(b) of this title''.
Amendment by section 132(c)(4) and (5) of Pub. L. 101-382 applicable
with respect to recommendations made under section 2432(d) of this title
by the President after May 23, 1990, see section 132(d) of Pub. L.
101-382, set out as a note under section 2432 of this title.
Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of this title.
Amendment by Pub. L. 96-39 effective July 26, 1979, see sections 903
and 1114 of Pub. L. 96-39, set out as Effective Date notes under
sections 2411 and 2581 of this title, respectively.
/1/ So in original. Probably should not be capitalized.
19 USC 2193. Resolutions relating to extension of waiver authority
under section 402 of the Trade Act of 1974
TITLE 19 -- CUSTOMS DUTIES
(a) Contents of resolution
For purposes of this section, the term ''resolution'' means only a
joint resolution of the two Houses of Congress, the matter after the
resolving clause of which is as follows: ''That the Congress does not
approve the extension of the authority contained in section 402(c) of
the Trade Act of 1974 recommended by the President to the Congress on
XXX with respect to XXX.'', with the first blank space being filled with
the appropriate date, and the second blank space being filled with the
names of those countries, if any, with respect to which such extension
of authority is not approved, and with the clause beginning with ''with
respect to'' being omitted if the extension of the authority is not
approved with respect to any country.
(b) Application of rules of section 2192 of this title; exceptions
(1) Except as provided in this section, the provisions of section
2192 of this title shall apply to resolutions described in subsection
(a) of this section.
(2) In applying section 2192(c)(1) of this title, all calendar days
shall be counted.
(3) That part of section 2192(d)(2) of this title which provides that
no amendment is in order shall not apply to any amendment to a
resolution which is limited to striking out or inserting the names of
one or more countries or to striking out or inserting a with-respect-to
clause. Debate in the House of Representatives on any amendment to a
resolution shall be limited to not more than 1 hour which shall be
equally divided between those favoring and those opposing the amendment.
A motion in the House to further limit debate on an amendment to a
resolution is not debatable.
(4) That part of section 2192(e)(4) of this title which provides that
no amendment is in order shall not apply to any amendment to a
resolution which is limited to striking out or inserting the names of
one or more countries or to striking out or inserting a with-respect-to
clause. The time limit on a debate on a resolution in the Senate under
section 2192(e)(2) of this title shall include all amendments to a
resolution. Debate in the Senate on any amendment to a resolution shall
be limited to not more than 1 hour, to be equally divided between, and
controlled by, the mover and the manager of the resolution, except that
in the event the manager of the resolution is in favor of any such
amendment, the time in opposition thereto shall be controlled by the
minority leader or his designee. The majority leader and minority
leader may, from time under their control on the passage of a
resolution, allot additional time to any Senator during the
consideration of any amendment. A motion in the Senate to further limit
debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order
It shall not be in order in either the House of Representatives or
the Senate to consider a resolution with respect to a recommendation of
the President under section 2432(d) of this title (other than a
resolution described in subsection (a) of this section received from the
other House), if that House has adopted a resolution with respect to the
same recommendation.
(d) Procedures relating to conference reports in the Senate
(1) Consideration in the Senate of the conference report on any joint
resolution described in subsection (a) of this section, including
consideration of all amendments in disagreement (and all amendments
thereto), and consideration of all debatable motions and appeals in
connection therewith, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader and the minority
leader or their designees. Debate on any debatable motion or appeal
related to the conference report shall be limited to 1 hour, to be
equally divided between, and controlled by, the mover and the manager of
the conference report.
(2) In any case in which there are amendments in disagreement, time
on each amendment shall be limited to 30 minutes, to be equally divided
between, and controlled by, the manager of the conference report and the
minority leader or his designee. No amendment to any amendment in
disagreement shall be received unless it is a germane amendment.
(Pub. L. 93-618, title I, 153, Jan. 3, 1975, 88 Stat. 2006; Pub.
L. 101-382, title I, 132(a)(3)-(6), Aug. 20, 1990, 104 Stat. 644, 645.)
Section 402 of the Trade Act of 1974, referred to in catchline and
subsec. (a), is classified to section 2432 of this title.
1990 -- Subsec. (a). Pub. L. 101-382, 132(a)(3), amended subsec.
(a) generally. Prior to amendment, subsec. (a) read as follows: ''For
purposes of this section, the term 'resolution' means only --
''(1) a concurrent resolution of the two Houses of the Congress, the
matter after the resolving clause of which is as follows: 'That the
Congress approves the extension of the authority contained in section
402(c)(1) of the Trade Act of 1974 recommended by the President to the
Congress on XXX, except with respect to XXX.', with the first blank
space being filled with the appropriate date and the second blank space
being filled with the names of those countries, if any, with respect to
which such extension of authority is not approved, and with the except
clause being omitted if there is no such country; and
''(2) a resolution of either House of the Congress, the matter after
the resolving clause of which is as follows: 'That the XXX does not
approve the extension of the authority contained in section 402(c) of
the Trade Act of 1974 recommended by the President to the Congress on
XXX with respect to XXX.', with the first blank space being filled with
the name of the resolving House, the second blank space being filled
with the appropriate date, and the third blank space being filled with
the names of those countries, if any, with respect to which such
extension of authority is not approved, and with the with-respect-to
clause being omitted if the extension of the authority is not approved
with respect to any country.''
Subsec. (b). Pub. L. 101-382, 132(a)(4), in par. (2), struck out
provisions substituting 20 days for 30 days in resolution related to
section 2432(d)(4) of this title, and in pars. (3) and (4), struck out
provisions relating to except clause in resolutions under subsec.
(a)(1) and provisions identifying with-respect-to clause as relating to
resolutions under subsec. (a)(2).
Subsec. (c). Pub. L. 101-382, 132(a)(5), substituted ''subsection
(a)'' for ''subsection (a)(1)''.
Subsec. (d). Pub. L. 101-382, 132(a)(6), added subsec. (d).
Amendment by Pub. L. 101-382 applicable with respect to
recommendations made under section 2432(d) of this title by the
President after May 23, 1990, see section 132(d) of Pub. L. 101-382,
set out as a note under section 2432 of this title.
19 USC 2194. Special rules relating to Congressional procedures
TITLE 19 -- CUSTOMS DUTIES
(a) Delivery of documents to both Houses
Whenever, pursuant to section 2112(e), 2253(b), 2432(d), or 2437(a)
or (b), or section 1303(e) of this title, a document is required to be
transmitted to the Congress, copies of such document shall be delivered
to both Houses of Congress on the same day and shall be delivered to the
Clerk of the House of Representatives if the House is not in session and
to the Secretary of the Senate if the Senate is not in session.
(b) Computation of 90-day period
For purposes of sections 2253(c), /1/ and 2437(c)(2) of this title,
the 90-day period referred to in such sections shall be computed by
excluding --
(1) the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain or an adjournment of
the Congress sine die, and
(2) any Saturday and Sunday, not excluded under paragraph (1), when
either House is not in session.
(Pub. L. 93-618, title I, 154, Jan. 3, 1975, 88 Stat. 2008; Pub.
L. 96-39, title IX, 902(a)(2), July 26, 1979, 93 Stat. 300; Pub. L.
101-382, title I, 132(c)(6), Aug. 20, 1990, 104 Stat. 647.)
1990 -- Subsec. (b). Pub. L. 101-382, which directed the
substitution of ''and 2437(c)(2)'' for ''2437(c)(2) and 2437(c)(3)'',
was executed by making the substitution for ''2437(c)(2), and
2437(c)(3)'' to reflect the probable intent of Congress.
1979 -- Subsec. (a). Pub. L. 96-39 struck out reference to section
2412(a) of this title.
Subsec. (b). Pub. L. 96-39 struck out reference to section 2412(b) of
this title.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 903
of Pub. L. 96-39, set out as an Effective Date note under section 2411
of this title.
/1/ So in original. The comma probably should not appear.
19 USC Part 6 -- Congressional Liaison and Reports
TITLE 19 -- CUSTOMS DUTIES
19 USC 2211. Congressional advisers for trade policy and negotiations
TITLE 19 -- CUSTOMS DUTIES
(a) Selection
(1) At the beginning of each regular session of Congress, the Speaker
of the House of Representatives, upon the recommendation of the chairman
of the Committee on Ways and Means, shall select 5 members (not more
than 3 of whom are members of the same political party) of such
committee, and the President pro tempore of the Senate, upon the
recommendation of the chairman of the Committee on Finance, shall select
5 members (not more than 3 of whom are members of the same political
party) of such committee, who shall be designated congressional advisers
on trade policy and negotiations. They shall provide advice on the
development of trade policy and priorities for the implementation
thereof. They shall also be accredited by the United States Trade
Representative on behalf of the President as official advisers to the
United States delegations to international conferences, meetings, and
negotiating sessions relating to trade agreements.
(2)(A) In addition to the advisers designated under paragraph (1)
from the Committee on Ways and Means and the Committee on Finance --
(i) the Speaker of the House may select additional members of the
House, for designation as congressional advisers regarding specific
trade policy matters or negotiations, from any other committee of the
House or joint committee of Congress that has jurisdiction over
legislation likely to be affected by such matters or negotiations; and
(ii) the President pro tempore of the Senate may select additional
members of the Senate, for designation as congressional advisers
regarding specific trade policy matters or negotiations, from any other
committee of the Senate or joint committee of Congress that has
jurisdiction over legislation likely to be affected by such matters or
negotiations.
Members of the House and Senate selected as congressional advisers
under this subparagraph shall be accredited by the United States Trade
Representative.
(B) Before designating any member under subparagraph (A), the Speaker
or the President pro tempore shall consult with --
(i) the chairman and ranking member of the Committee on Ways and
Means or the Committee on Finance, as appropriate; and
(ii) the chairman and ranking minority member of the committee from
which the member will be selected.
(C) Not more than 3 members (not more than 2 of whom are members of
the same political party) may be selected under this paragraph as
advisers from any committee of Congress.
(b) Briefing
(1) The United States Trade Representative shall keep each official
adviser designated under subsection (a)(1) of this section currently
informed on matters affecting the trade policy of the United States and,
with respect to possible agreements, negotiating objectives, the status
of negotiations in progress, and the nature of any changes in domestic
law or the administration thereof which may be recommended to Congress
to carry out any trade agreement or any requirement of, amendment to, or
recommendation under, such agreement.
(2) The United States Trade Representative shall keep each official
adviser designated under subsection (a)(2) of this section currently
informed regarding the trade policy matters and negotiations with
respect to which the adviser is designated.
(3)(A) The chairmen of the Committee on Ways and Means and the
Committee on Finance may designate members (in addition to the official
advisers under subsection (a)(1) of this section) and staff members of
their respective committees who shall have access to the information
provided to official advisers under paragraph (1).
(B) The Chairman /1/ of any committee of the House or Senate or any
joint committee of Congress from which official advisers are selected
under subsection (a)(2) of this section may designate other members of
such committee, and staff members of such committee, who shall have
access to the information provided to official advisers under paragraph
(2).
(c) Committee consultation
The United States Trade Representative shall consult on a continuing
basis with the Committee on Ways and Means of the House of
Representatives, the Committee on Finance of the Senate, and the other
appropriate committees of the House and Senate on the development,
implementation, and administration of overall trade policy of the United
States. Such consultations shall include, but are not limited to, the
following elements of such policy:
(1) The principal multilateral and bilateral negotiating objectives
and the progress being made toward their achievement.
(2) The implementation, administration, and effectiveness of recently
concluded multilateral and bilateral trade agreements and resolution of
trade disputes.
(3) The actions taken, and proposed to be taken, under the trade laws
of the United States and the effectiveness, or anticipated
effectiveness, of such actions in achieving trade policy objectives.
(4) The important developments and issues in other areas of trade for
which there must be developed proper policy response.
When necessary, meetings shall be held with each Committee /1/ in
executive session to review matters under negotiation.
(Pub. L. 93-618, title I, 161, Jan. 3, 1975, 88 Stat. 2008; Pub.
L. 96-39, 3(e), July 26, 1979, 93 Stat. 150; Pub. L. 100-418, title I,
1632, Aug. 23, 1988, 102 Stat. 1269.)
1988 -- Pub. L. 100-418 amended section generally, substituting
present provisions for similar provisions which had related to
Congressional delegates to negotiations, and changing the structure of
the section from one consisting of subsecs. (a) and (b) to one
consisting of subsecs. (a) to (c).
1979 -- Subsec. (b)(1). Pub. L. 96-39 substituted ''trade agreement
or any requirement of, amendment to, or recommendation under, such
agreement'' for ''trade agreement''.
/1/ So in original. Probably should not be capitalized.
19 USC 2212. Transmission of agreements to Congress
TITLE 19 -- CUSTOMS DUTIES
(a) Submission of copy and reasons
As soon as practicable after a trade agreement entered into under
section 2133 or 2134 of this title or under section 2902 of this title
has entered into force with respect to the United States, the President
shall, if he has not previously done so, transmit a copy of such trade
agreement to each House of the Congress together with a statement, in
the light of the advice of the International Trade Commission under
section 2151(b) of this title, if any, and of other relevant
considerations, of his reasons for entering into the agreement.
(b) Submission to each member
The President shall transmit to each Member of the Congress a summary
of the information required to be transmitted to each House under
subsection (a) of this section. For purposes of this subsection, the
term ''Member'' includes any Delegate or Resident Commissioner.
(Pub. L. 93-618, title I, 162, Jan. 3, 1975, 88 Stat. 2008; Pub.
L. 100-647, title IX, 9001(a)(10), Nov. 10, 1988, 102 Stat. 3807.)
1988 -- Subsec. (a). Pub. L. 100-647 struck out ''part 1 of this
subchapter or'' after ''entered into under'', and inserted ''or under
section 2902 of this title'' after ''2134 of this title''.
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
19 USC 2213. Reports
TITLE 19 -- CUSTOMS DUTIES
(a) Annual report on trade agreements program and national trade
policy agenda
(1) The President shall submit to the Congress during each calendar
year (but not later than March 1 of that year) a report on --
(A) the operation of the trade agreements program, and the provision
of import relief and adjustment assistance to workers and firms, under
this chapter during the preceding calendar year; and
(B) the national trade policy agenda for the year in which the report
is submitted.
(2) The report shall include, with respect to the matters referred to
in paragraph (1)(A), information regarding --
(A) new trade negotiations;
(B) changes made in duties and nontariff barriers and other
distortions of trade of the United States;
(C) reciprocal concessions obtained;
(D) changes in trade agreements (including the incorporation therein
of actions taken for import relief and compensation provided therefor);
(E) the extension or withdrawal of nondiscriminatory treatment by the
United States with respect to the products of foreign countries;
(F) the extension, modification, withdrawal, suspension, or
limitation of preferential treatment to exports of developing countries;
(G) the results of actions to obtain the removal of foreign trade
restrictions (including discriminatory restrictions) against United
States exports and the removal of foreign practices which discriminate
against United States service industries (including transportation and
tourism) and investment;
(H) the measures being taken to seek the removal of other significant
foreign import restrictions;
(I) each of the referrals made under section 2171(d)(1)(B) of this
title and any action taken with respect to such referral;
(J) other information relating to the trade agreements program and to
the agreements entered into thereunder; and
(K) the number of applications filed for adjustment assistance for
workers and firms, the number of such applications which were approved,
and the extent to which adjustment assistance has been provided under
such approved applications.
(3)(A) The national trade policy agenda required under paragraph
(1)(B) for the year in which a report is submitted shall be in the form
of a statement of --
(i) the trade policy objectives and priorities of the United States
for the year, and the reasons therefor;
(ii) the actions proposed, or anticipated, to be undertaken during
the year to achieve such objectives and priorities, including, but not
limited to, actions authorized under the trade laws and negotiations
with foreign countries;
(iii) any proposed legislation necessary or appropriate to achieve
any of such objectives or priorities; and
(iv) the progress that was made during the preceding year in
achieving the trade policy objectives and priorities included in the
statement provided for that year under this paragraph.
(B) The President may separately submit any information referred to
in subparagraph (A) to the Congress in confidence if the President
considers confidentiality appropriate.
(C) Before submitting the national trade policy agenda for any year,
the President shall seek advice from the appropriate advisory committees
established under section 2155 of this title and shall consult with the
appropriate committees of the Congress.
(D) The United States Trade Representative (hereafter referred to in
this section as the ''Trade Representative'') and other appropriate
officials of the United States Government shall consult periodically
with the appropriate committees of the Congress regarding the annual
objectives and priorities set forth in each national trade policy agenda
with respect to --
(i) the status and results of the actions that have been undertaken
to achieve the objectives and priorities; and
(ii) any development which may require, or result in, changes to any
of such objectives or priorities.
(b) Annual trade projection report
(1) In order for the Congress to be informed of the impact of foreign
trade barriers and macroeconomic factors on the balance of trade of the
United States, the Trade Representative and the Secretary of the
Treasury shall jointly prepare and submit to the Committee on Finance of
the Senate and the Committee on Ways and Means of the House of
Representatives (hereafter referred to in this subsection as the
''Committees'') on or before March 1 of each year a report which
consists of --
(A) a review and analysis of --
(i) the merchandise balance of trade,
(ii) the goods and services balance of trade,
(iii) the balance on the current account,
(iv) the external debt position,
(v) the exchange rates,
(vi) the economic growth rates,
(vii) the deficit or surplus in the fiscal budget, and
(viii) the impact on United States trade of market barriers and other
unfair practices,
of countries that are major trading partners of the United States,
including, as appropriate, groupings of such countries;
(B) projections for each of the economic factors described in
subparagraph (A) (except those described in clauses (v) and (viii)) for
each of the countries and groups of countries referred to in
subparagraph (A) for the year in which the report is submitted and for
the succeeding year; and
(C) conclusions and recommendations, based upon the projections
referred to in subparagraph (B), for policy changes, including trade
policy, exchange rate policy, fiscal policy, and other policies that
should be implemented to improve the outlook.
(2) To the extent that subjects referred to in paragraph (1)(A), (B),
or (C) are covered in the national trade policy agenda required under
subsection (a)(1)(B) of this section or in other reports required by
this chapter or other law, the Trade Representative and the Secretary of
the Treasury may, as appropriate, draw on the information, analysis, and
conclusions, if any, in those reports for the purposes of preparing the
report required by this subsection.
(3) The Trade Representative and the Secretary of the Treasury shall
consult with the Chairman of the Board of Governors of the Federal
Reserve System in the preparation of each report required under this
subsection.
(4) The Trade Representative and the Secretary of the Treasury may
separately submit any information, analysis, or conclusion referred to
in paragraph (1) to the Committees in confidence if the Trade
Representative and the Secretary consider confidentiality appropriate.
(5) After submission of each report required under paragraph (1), the
Trade Representative and the Secretary of the Treasury shall consult
with each of the Committees with respect to the report.
(c) ITC reports
The United States International Trade Commission shall submit to the
Congress, at least once a year, a factual report on the operation of the
trade agreements program.
(Pub. L. 93-618, title I, 163, Jan. 3, 1975, 88 Stat. 2009; Pub.
L. 100-418, title I, 1641, Aug. 23, 1988, 102 Stat. 1271.)
This chapter, referred to in subsecs. (a)(1)(A) and (b), was in the
original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
1978, as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see References in Text
note set out under section 2101 of this title and Tables.
1988 -- Pub. L. 100-418 amended section generally, completely
revising and expanding provisions covering reports, changing the
structure of the section from one consisting of subsecs. (a) and (b) to
one consisting of subsecs. (a) to (c).
19 USC Part 7 -- United States International Trade Commission
TITLE 19 -- CUSTOMS DUTIES
19 USC 2231. Change of name
TITLE 19 -- CUSTOMS DUTIES
(a) Former United States Tariff Commission
The United States Tariff Commission (established by section 1330 of
this title) is renamed as the United States International Trade
Commission.
(b) References in law and other documents
Any reference in any law of the United States, or in any order, rule,
regulation, or other document, to the United States Tariff Commission
(or the Tariff Commission) shall be considered to refer to the United
States International Trade Commission.
(Pub. L. 93-618, title I, 171, Jan. 3, 1975, 88 Stat. 2009.)
19 USC 2232. Independent budget and authorization of appropriations
TITLE 19 -- CUSTOMS DUTIES
Effective with respect to the fiscal year beginning October 1, 1976,
for purposes of chapter 11 of title 31, estimated expenditures and
proposed appropriations for the United States International Trade
Commission shall be transmitted to the President on or before October 15
of the year preceding the beginning of each fiscal year and shall be
included by him in the Budget without revision, and the Commission shall
not be considered to be a department or establishment for purposes of
such chapter.
(Pub. L. 93-618, title I, 175(a)(1), Jan. 3, 1975, 88 Stat. 2011.)
''Chapter 11 of title 31'' and ''such chapter'' substituted in text
for ''the Budget and Accounting Act, 1921 (31 U.S.C. 1 et seq.)'' and
''such Act'', respectively, on authority of Pub. L. 97-258, 4(b),
Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted
Title 31, Money and Finance.
19 USC Part 8 -- Identification of Market Barriers and Certain Unfair
Trade Actions
TITLE 19 -- CUSTOMS DUTIES
19 USC 2241. Estimates of barriers to market access
TITLE 19 -- CUSTOMS DUTIES
(a) National trade estimates
(1) In general
For calendar year 1988, and for each succeeding calendar year, the
United States Trade Representative, through the interagency trade
organization established pursuant to section 1872(a) of this title and
with the assistance of the interagency advisory committee established
under section 2171(d)(2) of this title, shall --
(A) identify and analyze acts, policies, or practices of each foreign
country which constitute significant barriers to, or distortions of --
(i) United States exports of goods or services (including
agricultural commodities; and property protected by trademarks,
patents, and copyrights exported or licensed by United States persons),
and
(ii) foreign direct investment by United States persons, especially
if such investment has implications for trade in goods or services;
(B) make an estimate of the trade-distorting impact on United States
commerce of any act, policy, or practice identified under subparagraph
(A); and
(C) make an estimate, if feasible, of --
(i) the value of additional goods and services of the United States,
and
(ii) the value of additional foreign direct investment by United
States persons,
that would have been exported to, or invested in, each foreign
country during such calendar year if each of such acts, policies, and
practices of such country did not exist.
(2) Certain factors taken into account in making analysis and
estimate
In making any analysis or estimate under paragraph (1), the Trade
Representative shall take into account --
(A) the relative impact of the act, policy, or practice on United
States commerce;
(B) the availability of information to document prices, market
shares, and other matters necessary to demonstrate the effects of the
act, policy, or practice;
(C) the extent to which such act, policy, or practice is subject to
international agreements to which the United States is a party;
(D) any advice given through appropriate committees established
pursuant to section 2155 of this title; and
(E) the actual increase in --
(i) the value of goods and services of the United States exported to,
and
(ii) the value of foreign direct investment made in,
the foreign country during the calendar year for which the estimate
under paragraph (1)(C) is made.
(3) Annual revisions and updates
The Trade Representative shall annually revise and update the
analysis and estimate under paragraph (1).
(b) Reports
(1) In general
On or before April 30, 1989, and on or before March 31 of each
succeeding calendar year, the Trade Representative shall submit a report
on the analysis and estimates made under subsection (a) of this section
for the calendar year preceding such calendar year (which shall be known
as the ''National Trade Estimate'') to the President, the Committee on
Finance of the Senate, and appropriate committees of the House of
Representatives.
(2) Reports to include information with respect to action being taken
The Trade Representative shall include in each report submitted under
paragraph (1) information with respect to any action taken (or the
reasons for no action taken) to eliminate any act, policy, or practice
identified under subsection (a), including, but not limited to --
(A) any action under section 2411 of this title, or
(B) negotiations or consultations with foreign governments.
(3) Consultation with Congress on trade policy priorities
The Trade Representative shall keep the committees described in
paragraph (1) currently informed with respect to trade policy priorities
for the purposes of expanding market opportunities.
(c) Assistance of other agencies
(1) Furnishing of information
The head of each department or agency of the executive branch of the
Government, including any independent agency, is authorized and directed
to furnish to the Trade Representative or to the appropriate agency,
upon request, such data, reports, and other information as is necessary
for the Trade Representative to carry out his functions under this
section.
(2) Restrictions on release or use of information
Nothing in this subsection shall authorize the release of information
to, or the use of information by, the Trade Representative in a manner
inconsistent with law or any procedure established pursuant thereto.
(3) Personnel and services
The head of any department, agency, or instrumentality of the United
States may detail such personnel and may furnish such services, with or
without reimbursement, as the Trade Representative may request to assist
in carrying out his functions.
(Pub. L. 93-618, title I, 181, as added Pub. L. 98-573, title III,
303(a), Oct. 30, 1984, 98 Stat. 3001; amended Pub. L. 100-418, title I,
1304, Aug. 23, 1988, 102 Stat. 1181.)
1988 -- Pub. L. 100-418, 1304(a)(10), substituted ''Estimates of''
for ''Actions concerning'' in section catchline.
Subsec. (a)(1). Pub. L. 100-418, 1304(a)(1), substituted ''For
calendar year 1988, and for each succeeding calendar year,'' for ''Not
later than the date on which the initial report is required under
subsection (b)(1) of this section,''.
Pub. L. 100-418, 1304(a)(9), which directed the insertion of ''and
with the assistance of the interagency advisory committee established
under section 2171(d)(2) of this title,'' after ''section 1872(a) of
this title,'' was executed by making the insertion after ''section
1872(a) of this title'' to reflect the probable intent of Congress.
Subsec. (a)(1)(A). Pub. L. 100-418, 1304(a)(2), inserted ''of each
foreign country'' after ''or practices''.
Subsec. (a)(1)(C). Pub. L. 100-418, 1304(a)(3)-(5), added subpar.
(C).
Subsec. (a)(2)(E). Pub. L. 100-418, 1304(a)(6)-(8), added subpar.
(E).
Subsec. (b)(1). Pub. L. 100-418, 1304(b), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''On or
before the date which is one year after October 30, 1984, and each year
thereafter, the Trade Representative shall submit the analysis and
estimate under subsection (a) of this section to the Committee on
Finance of the Senate and to the Committee on Ways and Means of the
House of Representatives.''
section 4711; title 22 sections 2200b, 5732; title
49 App. section 2226.
19 USC 2242. Identification of countries that deny adequate
protection, or market access, for intellectual property rights
TITLE 19 -- CUSTOMS DUTIES
(a) In general
By no later than the date that is 30 days after the date on which the
annual report is submitted to Congressional committees under section
2241(b) of this title, the United States Trade Representative (hereafter
in this section referred to as the ''Trade Representative'') shall
identify --
(1) those foreign countries that --
(A) deny adequate and effective protection of intellectual property
rights, or
(B) deny fair and equitable market access to United States persons
that rely upon intellectual property protection, and
(2) those foreign countries identified under paragraph (1) that are
determined by the Trade Representative to be priority foreign countries.
(b) Special rules for identifications
(1) In identifying priority foreign countries under subsection (a)(2)
of this section, the Trade Representative shall only identify those
foreign countries --
(A) that have the most onerous or egregious acts, policies, or
practices that --
(i) deny adequate and effective intellectual property rights, or
(ii) deny fair and equitable market access to United States persons
that rely upon intellectual property protection,
(B) whose acts, policies, or practices described in subparagraph (A)
have the greatest adverse impact (actual or potential) on the relevant
United States products, and
(C) that are not --
(i) entering into good faith negotiations, or
(ii) making significant progress in bilateral or multilateral
negotiations,
to provide adequate and effective protection of intellectual property
rights.
(2) In identifying priority foreign countries under subsection (a)(2)
of this section, the Trade Representative shall --
(A) consult with the Register of Copyrights, the Commissioner of
Patents and Trademarks, other appropriate officers of the Federal
Government, and
(B) take into account information from such sources as may be
available to the Trade Representative and such information as may be
submitted to the Trade Representative by interested persons, including
information contained in reports submitted under section 2241(b) of this
title and petitions submitted under section 2412 of this title.
(3) The Trade Representative may identify a foreign country under
subsection (a)(1)(B) of this section only if the Trade Representative
finds that there is a factual basis for the denial of fair and equitable
market access as a result of the violation of international law or
agreement, or the existence of barriers, referred to in subsection
(d)(3) of this section.
(c) Revocations and additional identifications
(1) The Trade Representative may at any time --
(A) revoke the identification of any foreign country as a priority
foreign country under this section, or
(B) identify any foreign country as a priority foreign country under
this section,
if information available to the Trade Representative indicates that
such action is appropriate.
(2) The Trade Representative shall include in the semiannual report
submitted to the Congress under section 2419(3) of this title a detailed
explanation of the reasons for the revocation under paragraph (1) of the
identification of any foreign country as a priority foreign country
under this section.
(d) Definitions
For purposes of this section --
(1) The term ''persons that rely upon intellectual property
protection'' means persons involved in --
(A) the creation, production or licensing of works of authorship
(within the meaning of sections 102 and 103 of title 17) that are
copyrighted, or
(B) the manufacture of products that are patented or for which there
are process patents.
(2) A foreign country denies adequate and effective protection of
intellectual property rights if the foreign country denies adequate and
effective means under the laws of the foreign country for persons who
are not citizens or nationals of such foreign country to secure,
exercise, and enforce rights relating to patents, process patents,
registered trademarks, copyrights and mask works.
(3) A foreign country denies fair and equitable market access if the
foreign country effectively denies access to a market for a product
protected by a copyright, patent, or process patent through the use of
laws, procedures, practices, or regulations which --
(A) violate provisions of international law or international
agreements to which both the United States and the foreign country are
parties, or
(B) constitute discriminatory nontariff trade barriers.
(e) Publication
The Trade Representative shall publish in the Federal Register a list
of foreign countries identified under subsection (a) of this section and
shall make such revisions to the list as may be required by reason of
action under subsection (c) of this section.
(Pub. L. 93-618, title I, 182, as added Pub. L. 100-418, title I,
1303(b), Aug. 23, 1988, 102 Stat. 1179.)
Pub. L. 101-189, div. A, title VIII, 852, Nov. 29, 1989, 103 Stat.
1517, as amended by Pub. L. 101-510, div. A, title XIII, 1302(a),
Nov. 5, 1990, 104 Stat. 1668, provided that it is the sense of
Congress that it be a very important consideration in procurement of
property, services, or technology by the Department of Defense whether
such procurement is from any person of any country which has been
identified by the United States Trade Representative as denying adequate
and effective protection of intellectual property rights or fair and
equitable market access to United States persons that rely upon
intellectual property protection.
Section 1303(a) of Pub. L. 100-418 provided that:
''(1) The Congress finds that --
''(A) international protection of intellectual property rights is
vital to the international competitiveness of United States persons that
rely on protection of intellectual property rights; and
''(B) the absence of adequate and effective protection of United
States intellectual property rights, and the denial of fair and
equitable market access, seriously impede the ability of the United
States persons that rely on protection of intellectual property rights
to export and operate overseas, thereby harming the economic interests
of the United States.
''(2) The purpose of this section (enacting this section and this
note) is to provide for the development of an overall strategy to ensure
adequate and effective protection of intellectual property rights and
fair and equitable market access for United States persons that rely on
protection of intellectual property rights.''
19 USC SUBCHAPTER II -- RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
TITLE 19 -- CUSTOMS DUTIES
19 USC Part 1 -- Positive Adjustment by Industries Injured by Imports
TITLE 19 -- CUSTOMS DUTIES
19 USC 2251. Action to facilitate positive adjustment to import
competition
TITLE 19 -- CUSTOMS DUTIES
(a) Presidential action
If the United States International Trade Commission (hereinafter
referred to in this part as the ''Commission'') determines under section
2252(b) of this title that an article is being imported into the United
States in such increased quantities as to be a substantial cause of
serious injury, or the threat thereof, to the domestic industry
producing an article like or directly competitive with the imported
article, the President, in accordance with this part, shall take all
appropriate and feasible action within his power which the President
determines will facilitate efforts by the domestic industry to make a
positive adjustment to import competition and provide greater economic
and social benefits than costs.
(b) Positive adjustment to import competition
(1) For purposes of this part, a positive adjustment to import
competition occurs when --
(A) the domestic industry --
(i) is able to compete successfully with imports after actions taken
under section 2254 of this title terminate, or
(ii) the domestic industry experiences an orderly transfer of
resources to other productive pursuits; and
(B) dislocated workers in the industry experience an orderly
transition to productive pursuits.
(2) The domestic industry may be considered to have made a positive
adjustment to import competition even though the industry is not of the
same size and composition as the industry at the time the investigation
was initiated under section 2252(b) of this title.
(Pub. L. 93-618, title II, 201, Jan. 3, 1975, 88 Stat. 2011; Pub.
L. 96-39, title I, 106(b)(3), July 26, 1979, 93 Stat. 193; Pub. L.
98-573, title II, 249, Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100-418,
title I, 1401(a), Aug. 23, 1988, 102 Stat. 1225.)
1988 -- Pub. L. 100-418, in amending section generally, substituted
provisions relating to action to facilitate positive adjustment to
import competition for provisions relating to investigation by
International Trade Commission. See section 2252 of this title.
1984 -- Subsec. (b)(2)(B). Pub. L. 98-573, 249(1)(A), substituted
''inventory (whether maintained by domestic producers, importers,
wholesalers, or retailers), and'' for ''inventory, and''.
Subsec. (b)(2)(D). Pub. L. 98-573, 249(1)(B)-(D), added subpar.
(D).
Subsec. (b)(7). Pub. L. 98-573, 249(2), added par. (7).
1979 -- Subsec. (b)(6). Pub. L. 96-39 substituted ''subtitles A and
B of title VII or section 337 of the Tariff Act of 1930'' for ''the
Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930''.
Section 1401(c) of Pub. L. 100-418 provided that: ''The amendments
made by subsections (a) and (b) (enacting section 2254 of this title and
amending sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this
title and provisions set out as a note under section 2112 of this title)
shall take effect on the date of the enactment of this Act (Aug. 23,
1988) and shall apply with respect to investigations initiated under
chapter 1 of title II of the Trade Act of 1974 (this part) on or after
that date. Any petition filed under section 201 of such chapter (19
U.S.C. 2251) before such date of enactment, and with respect to which
the United States International Trade Commission did not make a finding
before such date with respect to serious injury or the threat thereof,
may be withdrawn and refiled, without prejudice, by the petitioner under
section 202(a) of such chapter (19 U.S.C. 2252(a)) (as amended by this
section).''
Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of this title.
Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see section 107
of Pub. L. 96-39, set out as an Effective Date note under section 1671
of this title.
Pub. L. 98-67, title II, 214(f), Aug. 5, 1983, 97 Stat. 393,
provided that: ''For purposes of chapter 1 of title II of the Trade Act
of 1974 (this part), the term 'industry' shall include producers located
in the United States insular possessions.''
Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, including Section 332(g) of
the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as President
of the United States of America, in order to reduce the reporting burden
with respect to the collection of information pursuant to Title II of
the Trade Act of 1974 (88 Stat. 2011, 19 U.S.C. 2251 et seq.) and
consistent with Chapter 35 of Title 44 of the United States Code, it is
hereby ordered as follows:
Section 1. Whenever the United States International Trade
Commission, in connection with investigations pursuant to Section 201 of
the Trade Act of 1974 (19 U.S.C. 2251), collects factual data from firms
on their sales, production, employment, and financial experience, the
Commission shall provide such information to the Secretaries of Commerce
and Labor.
Sec. 2. The Secretaries of Commerce and Labor shall ensure that the
factual data, received pursuant to Section 1, are used solely for the
performance of their functions pursuant to Sections 264 and 224,
respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274).
Gerald R. Ford.
section 2210b.
19 USC 2252. Investigations, determinations, and recommendations by
Commission
TITLE 19 -- CUSTOMS DUTIES
(a) Petitions and adjustment plans
(1) A petition requesting action under this part for the purpose of
facilitating positive adjustment to import competition may be filed with
the Commission by an entity, including a trade association, firm,
certified or recognized union, or group of workers, which is
representative of an industry.
(2) A petition under paragraph (1) --
(A) shall include a statement describing the specific purposes for
which action is being sought, which may include facilitating the orderly
transfer of resources to more productive pursuits, enhancing
competitiveness, or other means of adjustment to new conditions of
competition; and
(B) may --
(i) subject to subsection (d)(1)(C)(i) of this section, request
provisional relief under subsection (d)(1) of this section; or
(ii) request, or at any time before the 150th day after the date of
filing be amended to request, provisional relief under subsection (d)(2)
of this section.
(3) Whenever a petition is filed under paragraph (1), the Commission
shall promptly transmit copies of the petition to the Office of the
United States Trade Representative and other Federal agencies directly
concerned.
(4) A petitioner under paragraph (1) may submit to the Commission and
the United States Trade Representative (hereafter in this part referred
to as the ''Trade Representative''), either with the petition, or at any
time within 120 days after the date of filing of the petition, a plan to
facilitate positive adjustment to import competition.
(5)(A) Before submitting an adjustment plan under paragraph (4), the
petitioner and other entities referred to in paragraph (1) that wish to
participate may consult with the Trade Representative and the officers
and employees of any Federal agency that is considered appropriate by
the Trade Representative, for purposes of evaluating the adequacy of the
proposals being considered for inclusion in the plan in relation to
specific actions that may be taken under this part.
(B) A request for any consultation under subparagraph (A) must be
made to the Trade Representative. Upon receiving such a request, the
Trade Representative shall confer with the petitioner and provide such
assistance, including publication of appropriate notice in the Federal
Register, as may be practicable in obtaining other participants in the
consultation. No consultation may occur under subparagraph (A) unless
the Trade Representative, or his delegate, is in attendance.
(6)(A) In the course of any investigation under subsection (b) of
this section, the Commission shall seek information (on a confidential
basis, to the extent appropriate) on actions being taken, or planned to
be taken, or both, by firms and workers in the industry to make a
positive adjustment to import competition.
(B) Regardless whether an adjustment plan is submitted under
paragraph (4) by the petitioner, if the Commission makes an affirmative
determination under subsection (b) of this section, any --
(i) firm in the domestic industry;
(ii) certified or recognized union or group of workers in the
domestic industry;
(iii) State or local community;
(iv) trade association representing the domestic industry; or
(v) any other person or group of persons,
may, individually, submit to the Commission commitments regarding
actions such persons and entities intend to take to facilitate positive
adjustment to import competition.
(7) Nothing in paragraphs (5) and (6) may be construed to provide
immunity under the antitrust laws.
(b) Investigations and determinations by Commission
(1)(A) Upon the filing of a petition under subsection (b) of this
section, the request of the President or the Trade Representative, the
resolution of either the Committee on Ways and Means of the House of
Representatives or the Committee on Finance of the Senate, or on its own
motion, the Commission shall promptly make an investigation to determine
whether an article is being imported into the United States in such
increased quantities as to be a substantial cause of serious injury, or
the threat thereof, to the domestic industry producing an article like
or directly competitive with the imported article.
(B) For purposes of this section, the term ''substantial cause''
means a cause which is important and not less than any other cause.
(2)(A) Except as provided in subparagraph (B), the Commission shall
make the determination under paragraph (1) within 120 days after the
date on which the petition is filed, the request or resolution is
received, or the motion is adopted, as the case may be.
(B) If before the 100th day after a petition is filed under
subsection (a)(1) of this section the Commission determines that the
investigation is extraordinarily complicated, the Commission shall make
the determination under paragraph (1) within 150 days after the date
referred to in subparagraph (A).
(3)(A) If the Commission makes an affirmative determination under
paragraph (1) and the petitioner alleges the existence of critical
circumstances, the Commission shall make a determination regarding such
allegation --
(i) on or before the 120th day after the day on which the petition
was filed, if such allegation was included in the petition on or before
the 90th day after such filing date; or
(ii) on or before the date the report required under subsection (f)
of this section regarding the determination is submitted to the
President, if such allegation was included in the petition after the
90th day, and on or before the 150th day, after such filing date.
(B) For purposes of this paragraph and subsection (d)(2) of this
section, critical circumstances exist if a substantial increase in
imports (either actual or relative to domestic production) over a
relatively short period of time has led to circumstances in which a
delay in taking action under this part would cause harm that would
significantly impair the effectiveness of such action.
(4) In the course of any proceeding under this subsection, the
Commission shall, after reasonable notice, hold public hearings and
shall afford interested parties and consumers an opportunity to be
present, to present evidence, to comment on the adjustment plan, if any,
submitted under subsection (a) of this section, and to be heard at such
hearings.
(c) Factors applied in making determinations
(1) In making determinations under subsection (b) of this section,
the Commission shall take into account all economic factors which it
considers relevant, including (but not limited to) --
(A) with respect to serious injury --
(i) the significant idling of productive facilities in the domestic
industry,
(ii) the inability of a significant number of firms to carry out
domestic production operations at a reasonable level of profit, and
(iii) significant unemployment or underemployment within the domestic
industry;
(B) with respect to threat of serious injury --
(i) a decline in sales or market share, a higher and growing
inventory (whether maintained by domestic producers, importers,
wholesalers, or retailers), and a downward trend in production, profits,
wages, or employment (or increasing underemployment) in the domestic
industry,
(ii) the extent to which firms in the domestic industry are unable to
generate adequate capital to finance the modernization of their domestic
plants and equipment, or are unable to maintain existing levels of
expenditures for research and development,
(iii) the extent to which the United States market is the focal point
for the diversion of exports of the article concerned by reason of
restraints on exports of such article to, or on imports of such article
into, third country markets; and
(C) with respect to substantial cause, an increase in imports (either
actual or relative to domestic production) and a decline in the
proportion of the domestic market supplied by domestic producers.
(2) In making determinations under subsection (b) of this section,
the Commission shall --
(A) consider the condition of the domestic industry over the course
of the relevant business cycle, but may not aggregate the causes of
declining demand associated with a recession or economic downturn in the
United States economy into a single cause of serious injury or threat of
injury; and
(B) examine factors other than imports which may be a cause of
serious injury, or threat of serious injury, to the domestic industry.
The Commission shall include the results of its examination under
subparagraph (B) in the report submitted by the Commission to the
President under subsection (e) of this section.
(3) The presence or absence of any factor which the Commission is
required to evaluate in subparagraphs (A) and (B) of paragraph (1) is
not necessarily dispositive of whether an article is being imported into
the United States in such increased quantities as to be a substantial
cause of serious injury, or the threat thereof, to the domestic
industry.
(4) For purposes of subsection (b) of this section, in determining
the domestic industry producing an article like or directly competitive
with an imported article, the Commission --
(A) to the extent information is available, shall, in the case of a
domestic producer which also imports, treat as part of such domestic
industry only its domestic production;
(B) may, in the case of a domestic producer which produces more than
one article, treat as part of such domestic industry only that portion
or subdivision of the producer which produces the like or directly
competitive article; and
(C) may, in the case of one or more domestic producers which produce
a like or directly competitive article in a major geographic area of the
United States and whose production facilities in such area for such
article constitute a substantial portion of the domestic industry in the
United States and primarily serve the market in such area, and where the
imports are concentrated in such area, treat as such domestic industry
only that segment of the production located in such area.
(5) In the course of any proceeding under this subsection, the
Commission shall investigate any factor which in its judgment may be
contributing to increased imports of the article under investigation.
Whenever in the course of its investigation the Commission has reason to
believe that the increased imports are attributable in part to
circumstances which come within the purview of subtitles A and B of
title VII (19 U.S.C. 1671 et seq., 1673 et seq.) or section 337 (19
U.S.C. 1337) of the Tariff Act of 1930, or other remedial provisions of
law, the Commission shall promptly notify the appropriate agency so that
such action may be taken as is otherwise authorized by such provisions
of law.
(6) For purposes of this subsection:
(A) The term ''domestic industry'' includes producers located in the
United States insular possession.
(B) The term ''significant idling of productive facilities'' includes
the closing of plants or the underutilization of production capacity.
(d) Provisional relief
(1)(A) An entity representing a domestic industry that produces a
perishable agricultural product that is like or directly competitive
with an imported perishable agricultural product may file a request with
the Trade Representative for the monitoring of imports of that product
under subparagraph (B). Within 21 days after receiving the request, the
Trade Representative shall determine if --
(i) the imported product is a perishable agricultural product; and
(ii) there is a reasonable indication that such product is being
imported into the United States in such increased quantities as to be,
or likely to be, a substantial cause of serious injury, or the threat
thereof, to such domestic industry.
(B) If the determinations under subparagraph (A)(i) and (ii) are
affirmative, the Trade Representative shall request, under section
332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)), the Commission to
monitor and investigate the imports concerned for a period not to exceed
2 years. The monitoring and investigation may include the collection
and analysis of information that would expedite an investigation under
subsection (b) of this section.
(C) If a petition filed under subsection (a) of this section --
(i) alleges injury from imports of a perishable agricultural product
that has been, on the date the allegation is included in the petition,
subject to monitoring by the Commission under paragraph (2) for not less
than 90 days; and
(ii) requests that provisional relief be provided under this
subsection with respect to such imports;
the Commission shall, not later than the 21st day after the day on
which the request was filed, make a determination, on the basis of
available information, whether increased imports (either actual or
relative to domestic production) of the perishable agricultural product
are a substantial cause of serious injury, or the threat thereof, to the
domestic industry producing a like or directly competitive perishable
product, and whether either --
(I) the serious injury is likely to be difficult to repair by reason
of perishability of the like or directly competitive agricultural
product; or
(II) the serious injury cannot be timely prevented through
investigation under subsection (b) of this section and action under
section 2253 of this title.
(D) At the request of the Commission, the Secretary of Agriculture
shall promptly provide to the Commission any relevant information that
the Department of Agriculture may have for purposes of making
determinations and findings under this subsection.
(E) Whenever the Commission makes an affirmative preliminary
determination under subparagraph (C), the Commission shall find the
amount or extent of provisional relief that is necessary to prevent or
remedy the serious injury or threat thereof. In carrying out this
subparagraph, the Commission shall give preference to increasing or
imposing a duty on imports, if such form of relief is feasible and would
prevent or remedy the serious injury or threat thereof.
(F) The Commission shall immediately report to the President its
determination under subparagraph (C) and, if the determination is
affirmative, the finding under subparagraph (E).
(G) Within 7 days after receiving a report from the Commission under
subparagraph (F) containing an affirmative determination, the President,
if he considers provisional relief to be warranted and after taking into
account the finding of the Commission under subparagraph (E), shall
proclaim such provisional relief that the President considers necessary
to prevent or remedy the serious injury or threat thereof.
(2)(A) The Commission shall, at the same time it makes an affirmative
determination under subsection (b)(3)(A) of this section regarding the
existence of critical circumstances, find the amount or extent of
provisional relief that is appropriate to address such critical
circumstances. The Commission shall immediately report to the President
each such affirmative determination and finding.
(B) After receiving a report from the Commission under subparagraph
(A), the President shall, within 7 days after the day on which the
report is received and after taking into account the finding of the
Commission under subparagraph (A), proclaim such provisional relief, if
any, that the President considers appropriate to address the critical
circumstances.
(3) If provisional relief is proclaimed under paragraph (1)(G) or
(2)(B) in the form of an increase, or the imposition of, a duty, the
President shall order the suspension of liquidation of all imported
articles subject to the affirmative determination under paragraph (1)(C)
or subsection (b)(1) of this section, as the case may be, that are
entered, or withdrawn from warehouse for consumption, on or after the
date of the determination.
(4)(A) Any provisional relief implemented under this subsection with
respect to an imported article shall terminate on the day on which --
(i) if such relief was proclaimed under paragraph (1)(G), the
Commission makes a negative determination under section 2253(a) of this
title regarding injury or the threat thereof by imports of such article;
(ii) action described in section 2253(a)(3)(A) or (C) of this title
takes effect under section 2253 of this title with respect to such
article;
(iii) a decision by the President not to take any action under
section 2253(a) of this title with respect to such article becomes
final; or
(iv) whenever the President determines that, because of changed
circumstances, such relief is no longer warranted.
(B) Any suspension of liquidation ordered under paragraph (3) with
respect to an imported article shall terminate on the day on which
provisional relief is terminated under subparagraph (A) with respect to
the article.
(C) If an increase in, or the imposition of, a duty that is
proclaimed under section 2253 of this title on an imported article is
different from a duty increase or imposition that was proclaimed for
such an article under this section, then the entry of any such article
for which liquidation was suspended under paragraph (3) shall be
liquidated at whichever of such rates of duty is lower.
(D) If provisional relief in the form of an increase in, or the
imposition of, a duty is proclaimed under this section with respect to
an imported article and neither a duty increase nor a duty imposition is
proclaimed under section 2253 of this title regarding such article, the
entry of any such article for which liquidation was suspended under
paragraph (3) may be liquidated at the rate of duty that applied before
provisional relief was provided.
(5) For purposes of this subsection:
(A) A perishable agricultural product is any agricultural article,
including livestock, regarding which the Trade Representative considers
action under this section to be appropriate after taking into account --
(i) whether the article has --
(I) a short shelf life,
(II) a short growing season, or
(III) a short marketing period,
(ii) whether the article is treated as a perishable product under any
other Federal law or regulation; and
(iii) any other factor considered appropriate by the Trade
Representative.
The presence or absence of any factor which the Trade Representative
is required to take into account under clause (i), (ii), or (iii) is not
necessarily dispositive of whether an article is a perishable
agricultural product.
(B) The term ''provisional relief'' means --
(i) any increase in, or imposition of, any duty;
(ii) any modification or imposition of any quantitative restriction
on the importation of an article into the United States; or
(iii) any combination of actions under clauses (i) and (ii).
(e) Commission recommendations
(1) If the Commission makes an affirmative determination under
subsection (b)(1) of this section, the Commission shall also recommend
the action that would address the serious injury, or threat thereof, to
the domestic industry and be most effective in facilitating the efforts
of the domestic industry to make a positive adjustment to import
competition.
(2) The Commission is authorized to recommend under paragraph (1) --
(A) an increase in, or the imposition of, any duty on the imported
article;
(B) a tariff-rate quota on the article;
(C) a modification or imposition of any quantitative restriction on
the importation of the article into the United States;
(D) one or more appropriate adjustment measures, including the
provision of trade adjustment assistance under part 2 of this
subchapter; or
(E) any combination of the actions described in subparagraphs (A)
through (D).
(3) The Commission shall specify the type, amount, and duration of
the action recommended by it under paragraph (1). The limitations set
forth in section 2253(e) of this title are applicable to the action
recommended by the Commission.
(4) In addition to the recommendation made under paragraph (1), the
Commission may also recommend that the President --
(A) initiate international negotiations to address the underlying
cause of the increase in imports of the article or otherwise to
alleviate the injury or threat; or
(B) implement any other action authorized under law that is likely to
facilitate positive adjustment to import competition.
(5) For purposes of making its recommendation under this subsection,
the Commission shall --
(A) after reasonable notice, hold a public hearing at which all
interested parties shall be provided an opportunity to present testimony
and evidence; and
(B) take into account --
(i) the form and amount of action described in paragraph (2)(A), (B),
and (C) that would prevent or remedy the injury or threat thereof,
(ii) the objectives and actions specified in the adjustment plan, if
any, submitted under subsection (a)(4) of this section,
(iii) any individual commitment that was submitted to the Commission
under subsection (a)(6) of this section,
(iv) any information available to the Commission concerning the
conditions of competition in domestic and world markets, and likely
developments affecting such conditions during the period for which
action is being requested, and
(v) whether international negotiations may be constructive to address
the injury or threat thereof or to facilitate adjustment.
(6) Only those members of the Commission who agreed to the
affirmative determination under subsection (b) of this section are
eligible to vote on the recommendation required to be made under
paragraph (1) or that may be made under paragraph (3). Members of the
Commission who did not agree to the affirmative determination may
submit, in the report required under subsection (f) of this section,
separate views regarding what action, if any, should be taken under
section 2253 of this title.
(f) Report by Commission
(1) The Commission shall submit to the President a report on each
investigation undertaken under subsection (b) of this section. The
report shall be submitted at the earliest practicable time, but not
later than 180 days after the date on which the petition is filed, the
request or resolution is received, or the motion is adopted, as the case
may be.
(2) The Commission shall include in the report required under
paragraph (1) the following:
(A) The determination made under subsection (b) of this section and
an explanation of the basis for the determination.
(B) If the determination under subsection (b) of this section is
affirmative, the recommendations for action made under subsection (e) of
this section and an explanation of the basis for each recommendation.
(C) Any dissenting or separate views by members of the Commission
regarding the determination and any recommendation referred to in
subparagraphs (A) and (B).
(D) The findings required to be included in the report under
subsection (c)(2) of this section.
(E) A copy of the adjustment plan, if any, submitted under section
2251(b)(4) of this title.
(F) Commitments submitted, and information obtained, by the
Commission regarding steps that firms and workers in the domestic
industry are taking, or plan to take, to facilitate positive adjustment
to import competition.
(G) A description of --
(i) the short- and long-term effects that implementation of the
action recommended under subection /1/ (e) of this section is likely to
have on the petitioning domestic industry, on other domestic industries,
and on consumers, and
(ii) the short- and long-term effects of not taking the recommended
action on the petitioning domestic industry, its workers and the
communities where production facilities of such industry is located, and
on other domestic industries.
(3) The Commission, after submitting a report to the President under
paragraph (1), shall promptly make it available to the public (with the
exception of the confidential information obtained under subsection
(a)(6)(B) of this section and any other information which the Commission
determines to be confidential) and cause a summary thereof to be
published in the Federal Register.
(g) Expedited consideration of adjustment assistance petitions
If the Commission makes an affirmative determination under subsection
(b)(1) of this section, the Commission shall promptly notify the
Secretary of Labor and the Secretary of Commerce of the determination.
After receiving such notification --
(1) the Secretary of Labor shall give expedited consideration to
petitions by workers in the domestic industry for certification for
eligibility to apply for adjustment assistance under part 2 of this
subchapter; and
(2) the Secretary of Commerce shall give expedited consideration to
petitions by firms in the domestic industry for certification of
eligibility to apply for adjustment assistance under part 3 of this
subchapter.
(h) Limitations on investigations
(1) Except for good cause determined by the Commission to exist, no
investigation for the purposes of this section shall be made with
respect to the same subject matter as a previous investigation under
this part, unless 1 year has elapsed since the Commission made its
report to the President of the results of such previous investigation.
(2) If an article was the subject of an investigation under this
section that resulted in any action described in section 2253(a)(3)(A),
(B), (C), or (E) of this title being taken under section 2253 of this
title, no other investigation under this part may be initiated with
respect to such article while such action is in effect or during the
period beginning on the date on which such action terminates that is
equal in duration to the period during which such action was in effect.
(Pub. L. 93-618, title II, 202, Jan. 3, 1975, 88 Stat. 2014; Pub.
L. 100-418, title I, 1401(a), Aug. 23, 1988, 102 Stat. 1225.)
The antitrust laws, referred to in subsec. (a)(7), are classified
generally to chapter 1 ( 1 et seq.) of Title 15, Commerce and Trade.
The Tariff Act of 1930, referred to in subsec. (c)(5), is act June
17, 1930, ch. 497, 46 Stat. 590, as amended. Subtitles A and B of
title VII of the Tariff Act of 1930 are classified generally to parts I
and II ( 1671 et seq. and 1673 et seq., respectively) of subtitle IV of
chapter 4 of this title. For complete classification of this Act to the
Code, see section 1654 of this title and Tables.
1988 -- Pub. L. 100-418, in amending section generally, substituted
provisions relating to investigations, determinations and
recommendations by Commission for provisions relating to Presidential
action after investigations. See section 2253 of this title.
Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and
applicable with respect to investigations initiated under this part on
or after that date, see section 1401(c) of Pub. L. 100-418, set out as
a note under section 2251 of this title.
/1/ So in original. Probably should be ''subsection''.
19 USC 2253. Action by President after determination of import injury
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1)(A) After receiving a report under section 2252(f) of this title
containing an affirmative finding regarding serious injury, or the
threat thereof, to a domestic industry, the President shall take all
appropriate and feasible action within his power which the President
determines will facilitate efforts by the domestic industry to make a
positive adjustment to import competition and provide greater economic
and social benefits than costs.
(B) The action taken by the President under subparagraph (A) shall be
to such extent, and for such duration, subject to subsection (e)(1) of
this section, that the President determines to be appropriate and
feasible under such subparagraph.
(C) The interagency trade organization established under section
1872(a) of this title shall, with respect to each affirmative
determination reported under section 2252(f) of this title, make a
recommendation to the President as to what action the President should
take under subparagraph (A).
(2) In determining what action to take under paragraph (1), the
President shall take into account --
(A) the recommendation and report of the Commission;
(B) the extent to which workers and firms in the domestic industry
are --
(i) benefitting from adjustment assistance and other manpower
programs, and
(ii) engaged in worker retraining efforts;
(C) the efforts being made, or to be implemented, by the domestic
industry (including the efforts included in any adjustment plan or
commitment submitted to the Commission under section 2251(b) of this
title) to make a positive adjustment to import competition;
(D) the probable effectiveness of the actions authorized under
paragraph (3) to facilitate positive adjustment to import competition;
(E) the short- and long-term economic and social costs of the actions
authorized under paragraph (3) relative to their short- and long-term
economic and social benefits and other considerations relative to the
position of the domestic industry in the United States economy;
(F) other factors related to the national economic interest of the
United States, including, but not limited to --
(i) the economic and social costs which would be incurred by
taxpayers, communities, and workers if import relief were not provided
under this part,
(ii) the effect of the implementation of actions under this section
on consumers and on competition in domestic markets for articles, and
(iii) the impact on United States industries and firms as a result of
international obligations regarding compensation;
(G) the extent to which there is diversion of foreign exports to the
United States market by reason of foreign restraints;
(H) the potential for circumvention of any action taken under this
section;
(I) the national security interests of the United States; and
(J) the factors required to be considered by the Commission under
section 2252(e)(5) of this title.
(3) The President may, for purposes of taking action under paragraph
(1) --
(A) proclaim an increase in, or the imposition of, any duty on the
imported article;
(B) proclaim a tariff-rate quota on the article;
(C) proclaim a modification or imposition of any quantitative
restriction on the importation of the article into the United States;
(D) implement one or more appropriate adjustment measures, including
the provision of trade adjustment assistance under part 2 of this
subchapter;
(E) negotiate, conclude, and carry out orderly marketing agreements
with foreign countries limiting the export from foreign countries and
the import into the United States of such article;
(F) proclaim procedures necessary to allocate among importers by the
auction of import licenses quantities of the article that are permitted
to be imported into the United States;
(G) initiate international negotiations to address the underlying
cause of the increase in imports of the article or otherwise to
alleviate the injury or threat thereof;
(H) submit to Congress legislative proposals to facilitate the
efforts of the domestic industry to make a positive adjustment to import
competition;
(I) take any other action which may be taken by the President under
the authority of law and which the President considers appropriate and
feasible for purposes of paragraph (1); and
(J) take any combination of actions listed in subparagraphs (A)
through (I).
(4) The President shall take action under paragraph (1) within 60
days after receiving a report from the Commission containing an
affirmative determination under section 2252(b)(1) of this title (or a
determination under such section which he considers to be an affirmative
determination by reason of section 1330(d) of this title); except that
if a supplemental report is requested under paragraph (5), the President
shall take action under paragraph (1) within 30 days after the
supplemental report is received.
(5) The President may, within 15 days after the date on which he
receives a report from the Commission containing an affirmative
determination under section 2252(b)(1) of this title, request additional
information from the Commission. The Commission shall, as soon as
practicable but in no event more than 30 days after the date on which it
receives the President's request, furnish additional information with
respect to the industry in a supplemental report.
(b) Reports to Congress
(1) On the day the President takes action under subsection (a)(1) of
this section, the President shall transmit to Congress a document
describing the action and the reasons for taking the action. If the
action taken by the President differs from the action required to be
recommended by the Commission under section 2252(e)(1) of this title,
the President shall state in detail the reasons for the difference.
(2) On the day on which the President decides that there is no
appropriate and feasible action to take under subsection (a)(1) of this
section with respect to a domestic industry, the President shall
transmit to Congress a document that sets forth in detail the reasons
for the decision.
(3) On the day on which the President takes any action under
subsection (a)(1) of this section that is not reported under paragraph
(1), the President shall transmit to Congress a document setting forth
the action being taken and the reasons therefor.
(c) Implementation of action recommended by Commission
If the President reports under subsection (b)(1) or (2) of this
section that --
(1) the action taken under subsection (a)(1) of this section differs
from the action recommended by the Commission under section 2252(e)(1)
of this title; or
(2) no action will be taken under subsection (a)(1) of this section
with respect to the domestic industry;
the action recommended by the Commission shall take effect (as
provided in subsection (c)(2) of this section) upon the enactment of a
joint resolution described in section 2192(a)(1)(A) of this title within
the 90-day period beginning on the date on which the document referred
to in subsection (b)(1) or (2) of this section is transmitted to the
Congress.
(d) Time for taking effect of certain relief
(1) Except as provided in paragraph (2), any action described in
subsection (a)(3)(A), (B), or (C) of this section, that is taken under
subsection (a)(1) of this section shall take effect within 15 days after
the day on which the President proclaims the action, unless the
President announces, on the date he decides to take such action, his
intention to negotiate one or more orderly marketing agreements in which
case the action under subsection (a)(3)(A), (B), or (C) of this section
shall be proclaimed and take effect within 90 days after the date of
such decision.
(2) If the contingency set forth in subsection (c) of this section
occurs, the President shall, within 30 days after the date of the
enactment of the joint resolution referred to in such subsection,
proclaim the action recommended by the Commission under section
2252(e)(1) of this title.
(e) Limitations on actions
(1)(A) The duration of the period in which action taken under this
section may be in effect shall not exceed 8 years.
(B) If the initial effective period for action taken under this
section is less than 8 years, the President may extend the effective
period once, but the aggregate of the initial period and the extension
may not exceed 8 years.
(2) Action may be taken under subsection (a)(1)(A), (B), or (C) of
this section or under section 2252(d)(2)(B) of this title only to the
extent the cumulative impact of such action does not exceed the amount
necessary to prevent or remedy the serious injury or threat thereof.
(3) No action may be taken under this section which would increase a
rate of duty to (or impose a rate) which is more than 50 percent ad
valorem above the rate (if any) existing at the time the action is
taken.
(4) Any action taken under this section proclaiming a quantitative
restriction shall permit the importation of a quantity or value of the
article which is not less than the quantity or value of such article
imported into the United States during the most recent period that is
representative of imports of such article.
(5) To the extent feasible, an effective period of more than 3 years
for an action described in subsection (a)(3)(A), (B), or (C) of this
section shall be phased down during the period in which the action is
taken, with the first reduction taking effect no later than the close of
the day which is 3 years after the day on which such action first takes
effect.
(6)(A) The suspension, pursuant to any action taken under this
section, of --
(i) subheadings 9802.00.60 or 9802.00.80 of the Harmonized Tariff
Schedule of the United States with respect to an article; and
(ii) the designation of any article as an eligible article for
purposes of subchapter V of this chapter;
shall be treated as an increase in duty.
(B) No proclamation providing for a suspension referred to in
subparagraph (A) with respect to any article may be made by the
President, nor may any such suspension be recommended by the Commission
under subsection (c) of this section, unless the Commission, in addition
to making an affirmative determination under section 2252(b)(1) of this
title, determines in the course of its investigation under subsection
(a) of this section that the serious injury, or threat thereof,
substantially caused by imports to the domestic industry producing a
like or directly competitive article results from, as the case may be --
(i) the application of subheading 9802.00.60 or subheading 9802.00.80
of the Harmonized Tariff Schedule of the United States; or
(ii) the designation of the article as an eligible article for the
purposes of subchapter V of this chapter.
(f) Orderly marketing and other agreements
(1) If the President takes action under this section other than the
implemention of orderly marketing agreements, the President may, after
such action takes effect, negotiate orderly marketing agreements with
foreign countries, and may, after such agreements take effect, suspend
or terminate, in whole or in part, any action previously taken.
(2) If an orderly marketing agreement implemented under subsection
(a) of this section is not effective, the President may, consistent with
the limitations contained in subsection (e) of this section, take
additional action under subsection (a) of this section.
(g) Regulations
(1) The President shall by regulation provide for the efficient and
fair administration of all actions taken for the purpose of providing
import relief under this part.
(2) In order to carry out an orderly marketing or other international
agreement concluded under this part, the President may prescribe
regulations governing the entry or withdrawal from warehouse of articles
covered by such agreement. In addition, in order to carry out any
orderly marketing agreement concluded under this part with one or more
countries accounting for a major part of United States imports of the
article covered by such agreements, including imports into a major
geographic area of the United States, the President may issue
regulations governing the entry or withdrawal from warehouse of like
articles which are the product of countries not parties to such
agreement.
(3) Regulations prescribed under this subsection shall, to the extent
practicable and consistent with efficient and fair administration,
insure against inequitable sharing of imports by a relatively small
number of the larger importers.
(Pub. L. 93-618, title II, 203, Jan. 3, 1975, 88 Stat. 2015; Pub.
L. 96-39, title XI, 1106(d), July 26, 1979, 93 Stat. 312; Pub. L.
98-573, title II, 248(a), Oct. 30, 1984, 98 Stat. 2998; Pub. L.
100-418, title I, 1214(j)(2), 1401(a), Aug. 23, 1988, 102 Stat. 1158,
1234; Pub. L. 100-647, title IX, 9001(a)(2), Nov. 10, 1988, 102 Stat.
3806.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (e)(6), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
1988 -- Pub. L. 100-418, 1401(a), in amending section generally,
substituted provisions relating to action by President after
determination of import injury for provisions relating to import relief.
Subsec. (e)(6)(A)(i). Pub. L. 100-418, 1214(j)(2)(A), as amended by
Pub. L. 100-647, 9001(a)(2)(B)(i), (ii), substituted ''subheadings
9802.00.60 or 9802.00.80 of the Harmonized Tariff Schedule of the United
States'' for ''item 806.30 or 807.00 of the Tariff Schedules of the
United States''.
Subsec. (e)(6)(B). Pub. L. 100-647, 9001(a)(2)(A), substituted ''(i)
the application'' for ''(A) the application'', and ''(ii) the
designation'' for ''(B) the designation''.
Subsec. (e)(6)(B)(i). Pub. L. 100-418, 1214(j)(2)(B), as amended by
Pub. L. 100-647, 9001(a)(2)(B)(i), (iii), substituted ''subheading
9802.00.60 or subheading 9802.00.80 of the Harmonized Tariff Schedule of
the United States'' for ''item 806.30 or item 807.00''.
1984 -- Subsec. (c)(1). Pub. L. 98-573, 248(a)(1), substituted
provision that the action recommended by the Commission shall take
effect upon enactment of a joint resolution described in section
2192(a)(1)(A) of this title for provision that the action recommended by
the Commission would take effect upon the adoption by both Houses of
Congress, by an affirmative vote of a majority of the Members of each
House present and voting under the procedures set forth in section 2192
of this title, of a concurrent resolution disapproving the action taken
by the President or his determination not to provide import relief under
section 2252(a)(1)(A) of this title.
Subsec. (c)(2). Pub. L. 98-573, 248(a)(2), substituted ''enactment
of the joint resolution referred to in paragraph (1)'' for ''adoption of
such resolution'' and ''section 2251(d)'' for ''section 2251(b)''.
1979 -- Subsec. (a)(4). Pub. L. 96-39, 1106(d)(1), substituted
''negotiate, conclude, and carry out'' for ''negotiate''.
Subsec. (b)(1). Pub. L. 96-39, 1106(d)(2)(A), (B), substituted ''On
the day the President determines under section 2252 of this title to
provide import relief, including announcement of his intention to
negotiate an orderly marketing agreement'' for ''On the day on which the
President proclaims import relief under this section or announces his
intention to negotiate one or more orderly marketing agreements'' and
section ''2251(d)(1)(A)'' for ''2251(b)(1)(A)'' of this title.
Subsec. (b)(3). Pub. L. 96-39, 1106(d)(2)(C), added par. (3).
Subsec. (c)(1). Pub. L. 96-39, 1106(d)(3)(A), (B), substituted
''section 2251(d)(1)(A)'' for ''section 2251(b)(1)(A)'' of this title
and inserted ''under the procedures set forth in section 2192 of this
title'' after ''voting''.
Subsec. (e)(3). Pub. L. 96-39, 1106(d)(4), substituted ''subsection
(a) of this section'' for ''subsection (a)(1), (2), (3), or (5) of this
section''.
Subsec. (g)(1). Pub. L. 96-39, 1106(d)(5)(A), (B), struck out
''quantitative'' before ''restriction'' and substituted ''pursuant to
this section'' for ''pursuant to subsection (a)(3) or (c) of this
section''.
Subsec. (g)(2). Pub. L. 96-39, 1106(d)(6), inserted references to
subsec. (e)(3) of this section.
Subsec. (h)(3). Pub. L. 96-39, 1106(d)(7)(A), (B), inserted
reference to subsec. (i)(3) of this section and substituted ''one
period of not more than 3 years'' for ''one 3-year period''.
Subsec. (h)(4). Pub. L. 96-39, 1106(d)(7)(A), inserted reference to
subsec. (i)(3) of this section.
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
Amendment by section 1214(j)(2) of Pub. L. 100-418 effective Jan.
1, 1989, and applicable with respect to articles entered on or after
such date, see section 1217(b)(1) of Pub. L. 100-418, set out as an
Effective Date note under section 3001 of this title.
Amendment by section 1401a of Pub. L. 100-418 effective Aug. 23,
1988, and applicable with respect to investigations initiated under this
part on or after that date, see section 1401(c) of Pub. L. 100-418,
set out as a note under section 2251 of this title.
Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of this title.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
Title VIII of Pub. L. 98-573, as amended by Pub. L. 100-418, title
I, 1322, Aug. 23, 1988, 102 Stat. 1195; Pub. L. 101-221, 2, 3(a),
4-6(a), Dec. 12, 1989, 103 Stat. 1886-1889, known as the Steel Import
Stabilization Act, endorsed principles and goals of steel trade
liberalization program as announced by the President on July 25, 1989,
and provided for its implementation, granted specific enforcement powers
to President to carry out terms and conditions of bilateral arrangements
entered into for purposes of implementing that program, made
continuation of those powers subject to condition that steel industry
continue to modernize its plant and equipment and provide for
appropriate worker retraining, directed Secretary of Labor to prepare
and submit to Congress plan of action for assisting workers in
communities adversely affected by imports of steel products, and
provided that section 805 which provided enforcement authority for
President would terminate Mar. 31, 1992.
Pub. L. 88-482, 2, Aug. 22, 1964, 78 Stat. 594, as amended by Pub.
L. 96-177, Dec. 31, 1979, 93 Stat. 1291; Pub. L. 100-418, title I,
1214(u), Aug. 23, 1988, 102 Stat. 1162; Pub. L. 100-449, title III,
301(b), Sept. 28, 1988, 102 Stat. 1867, provided that:
''(a) This section may be cited as the 'Meat Import Act of 1979'.
''(b) For purposes of this section --
''(1) The term 'entered' means entered, or withdrawn from warehouse,
for consumption in the customs territory of the United States.
''(2) The term 'meat articles' means the articles provided for in the
Harmonized Tariff Schedule of the United States (19 U.S.C. 1202) under
--
''(A) subheadings 0201.10.00, 0201.20.60, 0201.30.60, 0202.10.00,
0202.20.60 and 0202.30.60 (relating to fresh, chilled, or frozen bovine
meat);
''(B) subheadings 0204.50.00, 0204.21.00, 0204.22.40, 0204.23.40,
0204.41.00, 0204.42.40, and 0204.43.40 (relating to fresh, chilled, or
frozen meat of goats and sheep (except lambs)); and
''(C) subheadings 0201.20.40, 0201.30.40, 0202.20.40, and 0202.30.40
(relating to processed meat of beef or veal other than high quality beef
cuts).
Such term does not include any article described in subparagraph (A),
(B), or (C) originating in Canada (as determined in accordance with
section 202 of the United States-Canada Free-Trade Agreement
Implementation Act of 1988 (section 202 of Pub. L. 100-449, set out in a
note under section 2112 of this title)).
''(3) The term 'Secretary' means the Secretary of Agriculture.
''(c) The aggregate quantity of meat articles which may be entered in
any calendar year after 1979 may not exceed 1,147,600,000 pounds;
except that this aggregate quantity shall be --
''(1) increased or decreased for any calendar year by the same
percentage that the estimated average annual domestic commercial
production of meat articles in that calendar year and the 2 preceding
calendar years increases or decreases in comparison with the average
annual domestic commercial production of meat articles during calendar
years 1968 through 1977; and
''(2) adjusted further under subsection (d).
For purposes of paragraph (1), the estimated annual domestic
commercial production of meat articles for any calendar year does not
include the carcass weight of live cattle specified in subheadings
0102.90.20 and 0102.90.40 of the Harmonized Tariff Schedule of the
United States entered during such year.
''(d) The aggregate quantity referred to in subsection (c), as
increased or decreased under paragraph (1) of such subsection, shall be
adjusted further for any calendar year after 1979 by multiplying such
quantity by a fraction --
''(1) the numerator of which is the average annual per capita
production of domestic cow beef during that calendar year (as estimated)
and the 4 calendar years preceding such calendar year; and
''(2) the denominator of which is the average annual per capita
production of domestic cow beef in that calendar year (as estimated) and
the preceding calendar year.
For the purposes of this subsection, the phrase 'domestic cow beef'
means that portion of the total domestic cattle slaughter designated by
the Secretary as cow slaughter.
''(e) For each calendar year after 1979, the Secretary shall estimate
and publish --
''(1) before the first day of such calendar year, the aggregate
quantity prescribed for such calendar year under subsection (c) as
adjusted under subsection (d); and
''(2) before the first day of each calendar quarter in such calendar
year, the aggregate quantity of meat articles which (but for this
section) would be entered during such calendar year.
In applying paragraph (2) for the second or any succeeding calendar
quarter in any calendar year, actual entries for the preceding calendar
quarter or quarters in such calendar year shall be taken into account to
the extent data is available.
''(f)(1) If the aggregate quantity estimated before any calendar
quarter by the Secretary under subsection (e)(2) is 110 percent or more
of the aggregate quantity estimated by him under subsection (e)(1), and
if there is no limitation in effect under this section for such calendar
year with respect to meat articles, the President shall by proclamation
limit the total quantity of meat articles which may be entered during
such calendar year to the aggregate quantity estimated for such calendar
year by the Secretary under subsection (e)(1); except that no
limitation imposed under this paragraph for any calendar year may be
less than (A) 1,193,000,000 pounds if no import limitation on Canadian
products is in effect under subsection (l), or (B) 1,250,000,000 pounds
if an import limitation on Canadian products is in effect under
subsection (l). The President shall include in the articles subject to
any limit proclaimed under this paragraph any article of meat provided
for in subheadings 0201.20.20, 0201.30.20, 0202.20.20, and 0202.30.20 of
the Harmonized Tariff Schedule of the United States (relating to
high-quality beef specially processed into fancy cuts).
''(2) If the aggregate quantity estimated before any calendar quarter
by the Secretary under subsection (e)(2) is less than 110 percent of the
aggregate quantity estimated by him under subsection (e)(1), and if a
limitation is in effect under this section for such calendar year with
respect to meat articles, such limitation shall cease to apply as of the
first day of such calendar quarter. If any such limitation has been in
effect for the third calendar quarter of any calendar year, then it
shall continue in effect for the fourth calendar quarter of such year
unless the proclamation is suspended or the total quantity is increased
pursuant to subsection (g).
''(g) The President may, after providing opportunity for public
comment by giving 30 days' notice by publication in the Federal Register
of his intention to so act, suspend any proclamation made under
subsection (f), or increase the total quantity proclaimed under such
subsection, if he determines and proclaims that --
''(1) such action is required by overriding economic or national
security interests of the United States, giving special weight to the
importance to the Nation of the economic well-being of the domestic
cattle industry;
''(2) the supply of meat articles will be inadequate to meet domestic
demand at reasonable prices; or
''(3) trade agreements entered into after the date of enactment of
this Act (probably means Dec. 31, 1979) insure (ensure) that the policy
set forth in subsections (c) and (d) will be carried out.
Any such suspension shall be for such periods, and any such increase
shall be in such amount, as the President determines and proclaims to be
necessary to carry out the purposes of this subsection.
''(h) Notwithstanding the previous subsections, the total quantity of
meat articles which may be entered during any calendar year may not be
increased by the President if the fraction described in subsection (d)
for that calendar year yields a quotient of less than 1.0, unless --
''(1) during a period of national emergency declared under section
201 of the National Emergencies Act of 1976 (50 U.S.C. 1621), he
determines and proclaims that such action is required by overriding
national security interests of the United States;
''(2) he determines and proclaims that the supply of articles of the
kind to which the limitation would otherwise apply will be inadequate,
because of a natural disaster, disease, or major national market
disruption, to meet domestic demand at reasonable prices; or
''(3) on the basis of actual data for the first two quarters of the
calendar year, a revised calculation of the fraction described in
subsection (d) for the calendar year yields a quotient of 1.0 or more.
Any such suspension shall be for such period, and any such increase
shall be in such amont, as the President determines and proclaims to be
necessary to carry out the purposes of this subsection. The effective
period of any such suspension or increase made pursuant to paragraph (1)
may not extend beyond the termination, in accordance with the provisions
of section 202 of the National Emergencies Act of 1976 (50 U.S.C. 1622),
of such period of national emergency, notwithstanding the provisions of
section 202(a) of that Act.
''(i) The Secretary shall allocate the total quantity proclaimed
under subsection (f)(1) and any increase in such quantity provided for
under subsection (g) among supplying countries other than Canada on the
basis of the shares of the United States market for meat articles such
countries other than Canada supplied during a representative period.
Notwithstanding the preceding sentence, due account may be given to
special factors which have affected or may affect the trade in meat
articles or cattle. The Secretary shall certify such allocations to the
Secretary of the Treasury.
''(j) The Secretary shall issue such regulations as he determines to
be necessary to prevent circumvention of the purposes of this section.
''(k) All determinations by the President and the Secretary under
this section shall be final.
''(l) If the President --
''(1) has --
''(A) proclaimed limitations on meat articles under the preceding
provisions of this section, or
''(B) entered into one or more agreements other than with Canada
regarding meat articles pursuant to section 204 of the Agricultural Act
of 1956 (7 U.S.C. 1854); and
''(2) determines that the Government of Canada has not taken
equivalent action;
the President may by proclamation limit the total quantities of
articles described in subsection (b)(2)(A), (B), and (C) and originating
in Canada (as determined in accordance with section 202 of the United
States-Canada Free-Trade Agreement Implementation Act of 1988 (section
202 of Pub. L. 100-449, set out in a note under section 2112 of this
title)) that may enter the United States. A limitation imposed under
the preceding sentence shall be only to the extent that, and only for
such period of time as, the President determines sufficient to prevent
frustration of the limitations placed on meat articles imported from
other countries under this section or actions taken with respect to meat
articles under agreements negotiated pursuant to section 204 of the
Agricultural Act of 1956.''
(Amendment of section 2 of Pub. L. 88-482, set out above, by Pub. L.
100-449 effective on the date the United States-Canada Free-Trade
Agreement enters into force (Jan. 1, 1989), and to cease to have effect
on the date the Agreement ceases to be in force, see section 501(a), (c)
of Pub. L. 100-449, set out in a note under section 2112 of this title.)
(Amendment of section 2 of Pub. L. 88-482, set out above, by section
1214(u) of Pub. L. 100-418 effective Jan. 1, 1989, and applicable with
respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.)
(Section 2 of Pub. L. 96-177 provided that: ''This Act (amending
this note) shall take effect January 1, 1980.'')
(The Harmonized Tariff Schedule of the United States is not set out
in the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.)
19 USC 2254. Monitoring, modification, and termination of action
TITLE 19 -- CUSTOMS DUTIES
(a) Monitoring
(1) So long as any action taken under section 2253 of this title
remains in effect, the Commission shall monitor developments with
respect to the domestic industry, including the progress and specific
efforts made by workers and firms in the domestic industry to make a
positive adjustment to import competition.
(2) The Commission shall submit a report on the results of the
monitoring under paragraph (1) to the President and to the Congress not
later than --
(A) the 2nd-anniversary of the day on which the action under section
2253 of this title first took effect; and
(B) the last day of each 2-year period occurring after the 2-year
period referred to in subparagraph (A).
(3) In the course of preparing each report under paragraph (2), the
Commission shall hold a hearing at which interested persons shall be
given a reasonable opportunity to be present, to produce evidence, and
to be heard.
(4) Upon request of the President, the Commission shall advise the
President of its judgment as to the probable economic effect on the
industry concerned of any extension, reduction, modification, or
termination of the action taken under section 2253 of this title which
is under consideration.
(b) Reduction, modification, and termination of action
(1) Action taken under section 2253 of this title may be reduced,
modified, or terminated by the President (but not before the President
receives the report required under subsection (a)(2)(A) of this section)
if the President --
(A) after taking into account any report or advice submitted by the
Commission under subsection (a) of this section and after seeking the
advice of the Secretary of Commerce and the Secretary of Labor,
determines, on the basis that either --
(i) the domestic industry has not made adequate efforts to make a
positive adjustment to import competition, or
(ii) the effectiveness of the action taken under section 2253 of this
title has been impaired by changed economic circumstances,
that changed circumstances warrant such reduction, or termination;
or
(B) determines, after a majority of the representatives of the
domestic industry submits to the President a petition requesting such
reduction, modification, or termination on such basis, that the domestic
industry has made a positive adjustment to import competition.
(2) Notwithstanding paragraph (1), the President is authorized to
take such additional action under section 2253 of this title as may be
necessary to eliminate any circumvention of any action previously taken
under such section.
(c) Evaluation of effectiveness of action
(1) After any action taken under section 2253 of this title has
terminated, the Commission shall evaluate the effectiveness of the
actions in facilitating positive adjustment by the domestic industry to
import competition, consistent with the reasons set out by the President
in the report submitted to the Congress under section 2253(b) of this
title.
(2) During the course of the evaluation conducted under paragraph
(1), the Commission shall, after reasonable public notice, hold a
hearing on the effectiveness of the action. All interested persons
shall have the opportunity to attend such hearing and to present
evidence or testimony at such hearing.
(3) A report on the evaluation made under paragraph (1) and the
hearings held under paragraph (2) shall be submitted by the Commission
to the President and to the Congress by no later than the 180th day
after the day on which the actions taken under section 2253 of this
title terminated.
(d) Other provisions
(1) Action by the President under this part may be taken without
regard to the provisions of section 2136(a) of this title but only after
consideration of the relation of such actions to the international
obligations of the United States.
(2) If the Commission treats as the domestic industry production
located in a major geographic area of the United States under section
2252(c)(4)(C) of this title, then the President shall take into account
the geographic concentration of domestic production and of imports in
that area in taking any action authorized under paragraph (1).
(Pub. L. 93-618, title II, 204, as added Pub. L. 100-418, title I,
1401(a), Aug. 23, 1988, 102 Stat. 1238; amended Pub. L. 100-647, title
IX, 9001(a)(8), Nov. 10, 1988, 102 Stat. 3807.)
1988 -- Subsecs. (c) to (e). Pub. L. 100-647 redesignated subsecs.
(d) and (e) as (c) and (d), respectively.
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
Section effective Aug. 23, 1988, and applicable with respect to
investigations initiated under this part on or after that date, see
section 1401(c) of Pub. L. 100-418, set out as an Effective Date of
1988 Amendment note under section 2251 of this title.
19 USC Part 2 -- Adjustment Assistance for Workers
TITLE 19 -- CUSTOMS DUTIES
Section 285, formerly section 284 of Pub. L. 93-618, title II, Jan.
3, 1975, 88 Stat. 2041; renumbered 285, Pub. L. 96-417, title VI,
613(a), Oct. 10, 1980, 94 Stat. 1746; and amended Pub. L. 97-35,
title XXV, 2512, Aug. 13, 1981, 95 Stat. 888; Pub. L. 98-120,
2(b), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-107, 3, Sept. 30,
1985, 99 Stat. 479; Pub. L. 99-155, 2(b), Nov. 14, 1985, 99 Stat.
814; Pub. L. 99-181, 2, Dec. 13, 1985, 99 Stat. 1172; Pub. L.
99-189, 2, Dec. 18, 1985, 99 Stat. 1184; Pub. L. 99-272, title
XIII, 13007(a), Apr. 7, 1986, 100 Stat. 304; Pub. L. 100-418, title
I, 1426(a), Aug. 23, 1988, 102 Stat. 1251, provided that:
''(a) Chapter 4 (enacting part 4 of this subchapter) shall terminate
on September 30, 1982.
''(b) No assistance, vouchers, allowances, or other payments may be
provided under chapter 2 (enacting part 2 of this subchapter and
amending section 3302 of Title 26, Internal Revenue Code), no technical
assistance may be provided under chapter 3 (enacting part 3 of this
subchapter), and no duty shall be imposed under section 287 (section
2397 of this title), after September 30, 1993.''
Parts 2 and 3 of this subchapter applicable as if amendments by
sections 13007 and 13008 of Pub. L. 99-272, amending section 285 of
Pub. L. 93-618, set out above, and sections 2317 and 2346 of this
title, had taken effect Dec. 18, 1985, see section 13009(c) of Pub. L.
99-272, set out as an Effective Date of 1986 Amendment note under
section 2291 of this title.
1661.
19 USC subpart a -- petitions and determinations
TITLE 19 -- CUSTOMS DUTIES
19 USC 2271. Petitions
TITLE 19 -- CUSTOMS DUTIES
(a) Filing of petition; publication of notice
A petition for a certification of eligibility to apply for adjustment
assistance under this part may be filed with the Secretary of Labor
(hereinafter in this part referred to as the ''Secretary'') by a group
of workers (including workers in any agricultural firm or subdivision of
an agricultural firm) or by their certified or recognized union or other
duly authorized representative. Upon receipt of the petition, the
Secretary shall promptly publish notice in the Federal Register that he
has received the petition and initiated an investigation.
(b) Hearing
If the petitioner, or any other person found by the Secretary to have
a substantial interest in the proceedings, submits not later than 10
days after the date of the Secretary's publication under subsection (a)
of this section a request for a hearing, the Secretary shall provide for
a public hearing and afford such interested persons an opportunity to be
present, to produce evidence, and to be heard.
(Pub. L. 93-618, title II, 221, Jan. 3, 1975, 88 Stat. 2019; Pub.
L. 99-272, title XIII, 13002(a), Apr. 7, 1986, 100 Stat. 300.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1986 -- Subsec. (a). Pub. L. 99-272 inserted ''(including workers in
any agricultural firm or subdivision of an agricultural firm)'' after
''group of workers''.
19 USC 2272. Group eligibility requirements; agricultural workers;
oil and natural gas industry
TITLE 19 -- CUSTOMS DUTIES
(a) The Secretary shall certify a group of workers (including workers
in any agricultural firm or subdivision of an agricultural firm) as
eligible to apply for adjustment assistance under this part if he
determines --
(1) that a significant number or proportion of the workers in such
workers' firm or an appropriate subdivision of the firm have become
totally or partially separated, or are threatened to become totally or
partially separated,
(2) that sales or production, or both, of such firm or subdivision
have decreased absolutely, and
(3) that increases of imports of articles like or directly
competitive with articles produced by such workers' firm or an
appropriate subdivision thereof contributed importantly to such total or
partial separation, or threat thereof, and to such decline in sales or
production.
(b) For purposes of subsection (a)(3) of this section --
(1) The term ''contributed importantly'' means a cause which is
important but not necessarily more important than any other cause.
(2)(A) Any firm, or appropriate subdivision of a firm, that engages
in exploration or drilling for oil or natural gas shall be considered to
be a firm producing oil or natural gas.
(B) Any firm, or appropriate subdivision of a firm, that engages in
exploration or drilling for oil or natural gas, or otherwise produces
oil or natural gas, shall be considered to be producing articles
directly competitive with imports of oil and with imports of natural
gas.
(Pub. L. 93-618, title II, 222, Jan. 3, 1975, 88 Stat. 2019; Pub.
L. 97-35, title XXV, 2501, Aug. 13, 1981, 95 Stat. 881; Pub. L.
98-120, 3(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-272, title XIII,
13002(a), Apr. 7, 1986, 100 Stat. 300; Pub. L. 100-418, title I,
1421(a)(1)(A), (b)(1), Aug. 23, 1988, 102 Stat. 1242, 1243.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1988 -- Pub. L. 100-418, 1421(a)(1)(A), struck out last sentence
which defined ''contributed importantly'' for purposes of par. (3),
designated remaining provisions as subsec. (a), and added subsec. (b).
Subsec. (a)(3). Pub. L. 100-418, 1421(b)(1), directed the general
amendment of par. (3) adding provisions relating to provision of
essential goods or services by such workers' firm, or appropriate
subdivision thereof, which amendment did not become effective pursuant
to section 1430(d) of Pub. L. 100-418, as amended, set out as an
Effective Date note under section 2397 of this title.
1986 -- Pub. L. 99-272 inserted ''(including workers in any
agricultural firm or subdivision of an agricultural firm)'' after
''group of workers''.
1983 -- Pub. L. 98-120, 3(a)(2), substituted ''For purposes of
paragraph (3), the term 'contributed importantly' means a cause which is
important, but not necessarily more important than any other cause'' for
''For purposes of paragraph (3), the term 'substantial cause' means a
cause which is important and not less than any other cause'' in
provision following par. (3).
Par. (3). Pub. L. 98-120, 3(a)(1), substituted ''contributed
importantly to such total or partial separation, or threat thereof, and
to such decline'' for ''were a substantial cause of such total or
partial separation, or threat thereof, and of such decline''.
1981 -- Pub. L. 97-35 substituted provisions defining ''substantial
cause'' and applicability of such term in par. (3) for provisions
defining ''contributed importantly'' and applicability of such term in
par. (3).
Section 3(b) of Pub. L. 98-120 provided that: ''The amendments made
by subsection (a) (amending this section) shall apply with respect to
petitions for certification filed under section 221 of the Trade Act of
1974 (19 U.S.C. 2271) on or after October 1, 1983.''
Amendment by Pub. L. 97-35 applicable to petitions filed on or after
Oct. 1, 1983, with transition provisions applicable, see section 2514
of Pub. L. 97-35, set out as a note under section 2291 of this title.
Section 1421(a)(1)(B) of Pub. L. 100-418 provided that:
''Notwithstanding section 223(b) of the Trade Act of 1974 (19 U.S.C.
2273(b)), or any other provision of law, any certification made under
subchapter A of chapter 2 of title II of such Act (this subpart) which
--
''(i) is made with respect to a petition filed before the date that
is 90 days after the date of enactment of this Act (Aug. 23, 1988), and
''(ii) would not have been made if the amendments made by
subparagraph (A) (amending this section) had not been enacted into law,
shall apply to any worker whose most recent total or partial
separation from the firm, or appropriate subdivision of the firm,
described in section 222(a) of such Act (19 U.S.C. 2272(a)) occurs after
September 30, 1985.''
19 USC 2273. Determinations by Secretary of Labor
TITLE 19 -- CUSTOMS DUTIES
(a) Certification of eligibility
As soon as possible after the date on which a petition is filed under
section 2271 of this title, but in any event not later than 60 days
after that date, the Secretary shall determine whether the petitioning
group meets the requirements of section 2272 of this title and shall
issue a certification of eligibility to apply for assistance under this
part covering workers in any group which meets such requirements. Each
certification shall specify the date on which the total or partial
separation began or threatened to begin.
(b) Workers covered by certification
A certification under this section shall not apply to any worker
whose last total or partial separation from the firm or appropriate
subdivision of the firm before his application under section 2291 of
this title occurred --
(1) more than one year before the date of the petition on which such
certification was granted, or
(2) more than 6 months before the effective date of this part.
(c) Publication of determination in Federal Register
Upon reaching his determination on a petition, the Secretary shall
promptly publish a summary of the determination in the Federal Register
together with his reasons for making such determination.
(d) Termination of certification
Whenever the Secretary determines, with respect to any certification
of eligibility of the workers of a firm or subdivision of the firm, that
total or partial separations from such firm or subdivision are no longer
attributable to the conditions specified in section 2272 of this title,
he shall terminate such certification and promptly have notice of such
termination published in the Federal Register together with his reasons
for making such determination. Such termination shall apply only with
respect to total or partial separations occurring after the termination
date specified by the Secretary.
(Pub. L. 93-618, title II, 223, Jan. 3, 1975, 88 Stat. 2019.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
For the effective date of this part, referred to in subsec. (b)(2),
see Effective and Termination Date note set out preceding section 2271
of this title.
2636, 2640, 2643.
19 USC 2274. Study by Secretary of Labor when International Trade
Commission begins investigation
TITLE 19 -- CUSTOMS DUTIES
(a) Subject matter of study
Whenever the International Trade Commission (hereafter referred to in
this part as the ''Commission'') begins an investigation under section
2252 of this title with respect to an industry, the Commission shall
immediately notify the Secretary of such investigation, and the
Secretary shall immediately begin a study of --
(1) the number of workers in the domestic industry producing the like
or directly competitive article who have been or are likely to be
certified as eligible for adjustment assistance, and
(2) the extent to which the adjustment of such workers to the import
competition may be facilitated through the use of existing programs.
(b) Report; publication
The report of the Secretary of the study under subsection (a) of this
section shall be made to the President not later than 15 days after the
day on which the Commission makes its report under section 2252(f) of
this title. Upon making his report to the President, the Secretary
shall also promptly make it public (with the exception of information
which the Secretary determines to be confidential) and shall have a
summary of it published in the Federal Register.
(Pub. L. 93-618, title II, 224, Jan. 3, 1975, 88 Stat. 2020; Pub.
L. 97-35, title XXV, 2513(a), Aug. 13, 1981, 95 Stat. 889; Pub. L.
100-418, title I, 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1988 -- Subsec. (a). Pub. L. 100-418 substituted ''section 2252''
for ''section 2251''.
Subsec. (b). Pub. L. 100-418 substituted ''section 2252(f)'' for
''section 2251''.
1981 -- Subsec. (c). Pub. L. 97-35 struck out subsec. (c) which
related to availability of information to workers.
Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and
applicable with respect to investigations initiated under part 1 ( 2251
et seq.) of this subchapter on or after that date, see section 1401(c)
of Pub. L. 100-418, set out as a note under section 2251 of this title.
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, with transition
provisions applicable, see section 2514 of Pub. L. 97-35, set out as a
note under section 2291 of this title.
19 USC 2275. Benefit information for workers
TITLE 19 -- CUSTOMS DUTIES
(a) The Secretary shall provide full information to workers about the
benefit allowances, training, and other employment services available
under this part and about the petition and application procedures, and
the appropriate filing dates, for such allowances, training and
services. The Secretary shall provide whatever assistance is necessary
to enable groups of workers to prepare petitions or applications for
program benefits. The Secretary shall make every effort to insure that
cooperating State agencies fully comply with the agreements entered into
under section 2311(a) of this title and shall periodically review such
compliance. The Secretary shall inform the State Board for Vocational
Education or equivalent agency and other public or private agencies,
institutions, and employers, as appropriate, of each certification
issued under section 2273 of this title and of projections, if
available, of the needs for training under section 2296 of this title as
a result of such certification.
(b)(1) The Secretary shall provide written notice through the mail of
the benefits available under this part to each worker whom the Secretary
has reason to believe is covered by a certification made under this
subpart --
(A) at the time such certification is made, if the worker was
partially or totally separated from the adversely affected employment
before such certification, or
(B) at the time of the total or partial separation of the worker from
the adversely affected employment, if subparagraph (A) does not apply.
(2) The Secretary shall publish notice of the benefits available
under this part to workers covered by each certification made under this
subpart in newspapers of general circulation in the areas in which such
workers reside.
(Pub. L. 93-618, title II, 225, as added Pub. L. 97-35, title XXV,
2502, Aug. 13, 1981, 95 Stat. 881; amended Pub. L. 100-418, title I,
1422, Aug. 23, 1988, 102 Stat. 1244.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1988 -- Pub. L. 100-418 designated existing provisions as subsec.
(a) and added subsec. (b).
Amendment by Pub. L. 100-418 effective on date that is 30 days after
Aug. 23, 1988, see section 1430(e) of Pub. L. 100-418, set out as an
Effective Date note under section 2397 of this title.
Section effective Aug. 13, 1981, with transition provisions
applicable, see section 2514 of Pub. L. 97-35, set out as an Effective
Date of 1981 Amendment note under section 2291 of this title.
19 USC subpart b -- program benefits
TITLE 19 -- CUSTOMS DUTIES
19 USC 2291. Qualifying requirements for workers
TITLE 19 -- CUSTOMS DUTIES
(a) Trade readjustment allowance conditions
Payment of a trade readjustment allowance shall be made to an
adversely affected worker covered by a certification under subpart A of
this part who files an application for such allowance for any week of
unemployment which begins more than 60 days after the date on which the
petition that resulted in such certification was filed under section
2271 of this title, if the following conditions are met:
(1) Such worker's total or partial separation before his application
under this part occurred --
(A) on or after the date, as specified in the certification under
which he is covered, on which total or partial separation began or
threatened to begin in the adversely affected employment,
(B) before the expiration of the 2-year period beginning on the date
on which the determination under section 2273 of this title was made,
and
(C) before the termination date (if any) determined pursuant to
section 2273(d) of this title.
(2) Such worker had, in the 52-week period ending with the week in
which such total or partial separation occurred, at least 26 weeks of
employment at wages of $30 or more a week in adversely affected
employment with a single firm or subdivision of a firm, or, if data with
respect to weeks of employment with a firm are not available, equivalent
amounts of employment computed under regulations prescribed by the
Secretary. For the purposes of this paragraph, any week in which such
worker --
(A) is on employer-authorized leave for purposes of vacation,
sickness, injury, maternity, or inactive duty or active duty military
service for training,
(B) does not work because of a disability that is compensable under a
workmen's compensation law or plan of a State or the United States,
(C) had his employment interrupted in order to serve as a full-time
representative of a labor organization in such firm or subdivision, or
(D) is on call-up for purposes of active duty in a reserve status in
the Armed Forces of the United States, provided such active duty is
''Federal service'' as defined in section 8521(a)(1) of title 5,
shall be treated as a week of employment at wages of $30 or more, but
not more than 7 weeks, in case of weeks described in subparagraph (A) or
(C), or both (and not more than 26 weeks, in the case of weeks described
in subparagraph (B) or (D)), may be treated as weeks of employment under
this sentence.
(3) Such worker --
(A) was entitled to (or would be entitled to if he applied therefor)
unemployment insurance for a week within the benefit period (i) in which
such total or partial separation took place, or (ii) which began (or
would have begun) by reason of the filing of a claim for unemployment
insurance by such worker after such total or partial separation;
(B) has exhausted all rights to any unemployment insurance to which
he was entitled (or would be entitled if he applied therefor); and
(C) does not have an unexpired waiting period applicable to him for
any such unemployment insurance.
(4) Such worker, with respect to such week of unemployment, would not
be disqualified for extended compensation payable under the
Federal-State Extended Unemployment Compensation Act of 1970 by reason
of the work acceptance and job search requirements in section 202(a)(3)
of such Act.
(5) Such worker --
(A) is enrolled in a training program approved by the Secretary under
section 2296(a) of this title,
(B) has, after the date on which the worker became totally separated,
or partially separated, from the adversely affected employment,
completed a training program approved by the Secretary under section
2296(a) of this title, or
(C) has received a written statement certified under subsection
(c)(1) of this section after the date described in subparagraph (B).
(b) Withholding of trade readjustment allowance pending beginning or
resumption of participation in training program; period of
applicability
(1) If --
(A) the Secretary determines that --
(i) the adversely affected worker --
(I) has failed to begin participation in the training program the
enrollment in which meets the requirement of subsection (a)(5) of this
section, or
(II) has ceased to participate in such training program before
completing such training program, and
(ii) there is no justifiable cause for such failure or cessation, or
(B) the certification made with respect to such worker under
subsection (c)(1) of this section is revoked under subsection (c)(2) of
this section,
no trade readjustment allowance may be paid to the adversely affected
worker under sections 2291 to 2294 of this title for the week in which
such failure, cessation, or revocation occurred, or any succeeding week,
until the adversely affected worker begins or resumes participation in a
training program approved under section 2296(a) of this title.
(2) The provisions of subsection (a)(5) of this section and paragraph
(1) shall not apply with respect to any week of unemployment which
begins --
(A) after the date that is 60 days after the date on which the
petition that results in the certification that covers the worker is
filed under section 2271 of this title, and
(B) before the first week following the week in which such
certification is made under subpart A of this part.
(c) Approval of training programs; written certifications;
revocation of certification; annual report
(1)(A) If the Secretary finds that it is not feasible or appropriate
to approve a training program for a worker under section 2296(a) of this
title, the Secretary shall submit to such worker a written statement
certifying such finding.
(B) If a State or State agency has an agreement with the Secretary
under section 2311 of this title and the State or State agency finds
that it is not feasible or appropriate to approve a training program for
a worker pursuant to the requirements of section 2296(a) of this title,
the State or State agency shall --
(i) submit to such worker a written statement certifying such
finding, and
(ii) submit to the Secretary a written statement certifying such
finding and the reasons for such finding.
(2)(A) If, after submitting to a worker a written statement certified
under paragraph (1)(A), the Secretary finds that it is feasible or
appropriate to approve a training program for such worker under section
2296(a) of this title, the Secretary shall submit to such worker a
written statement that revokes the certification made under paragraph
(1)(A) with respect to such worker.
(B) If, after submitting to a worker a written statement certified
under paragraph (1)(B), a State or State agency finds that it is
feasible or appropriate to approve a training program for such worker
pursuant to the requirements of section 2296(a) of this title, the State
or State agency shall submit to such worker, and to the Secretary, a
written statement that revokes the certification made under paragraph
(1)(B) with respect to such worker.
(3) The Secretary shall submit to the Finance Committee of the Senate
and to the Ways and Means Committee of the House of Representatives an
annual report on the number of workers who received certifications under
paragraph (1) during the preceding year and the number of certifications
made under paragraph (1) that were revoked during the preceding year.
(Pub. L. 93-618, title II, 231, Jan. 3, 1975, 88 Stat. 2020; Pub.
L. 97-35, title XXV, 2503, Aug. 13, 1981, 95 Stat. 881; Pub. L.
99-272, title XIII, 13003(a)(1), (2), (b), Apr. 7, 1986, 100 Stat.
300, 301; Pub. L. 100-418, title I, 1423(a)(1)-(3), Aug. 23, 1988, 102
Stat. 1244, 1245; Pub. L. 102-318, title I, 106(a), July 3, 1992, 106
Stat. 294.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
The Federal-State Extended Unemployment Compensation Act of 1970,
referred to in subsec. (a)(4), is title II of Pub. L. 91-373, Aug.
10, 1970, 84 Stat. 708, as amended, which is classified generally as a
note under section 3304 of Title 26, Internal Revenue Code. Section
202(a)(3) of such Act, referred to in subsec. (a)(4), is set out in the
note under section 3304 of Title 26. For complete classification of
this Act to the Code, see Tables.
1992 -- Subsec. (a)(2). Pub. L. 102-318 added subpar. (D) and
substituted ''subparagraph (A) or (C), or both (and not more than 26
weeks, in the case of weeks described in subparagraph (B) or (D))'' for
''paragraph (A) or (C), or both'' in closing provisions.
1988 -- Subsec. (a)(5). Pub. L. 100-418, 1423(a)(1), amended par.
(5) generally. Prior to amendment, par. (5) read as follows: ''Such
worker, unless the Secretary has determined that no acceptable job
search program is reasonably available --
''(A) is enrolled in a job search program approved by the Secretary
under section 2297(c) of this title, or
''(B) has, after the date on which the worker became totally
separated, or partially separated, from the adversely affected
employment, completed a job search program approved by the Secretary
under section 2297(c) of this title.''
Subsec. (b). Pub. L. 100-418, 1423(a)(2), amended subsec. (b)
generally, substituting provisions relating to withholding of trade
readjustment allowance pending beginning or resumption of participation
in training program, and period of applicability, for provisions
relating to mandatory training or job-search.
Subsec. (c). Pub. L. 100-418, 1423(a)(3), amended subsec. (c)
generally, substituting provisions relating to approval of training
programs, written certifications, revocation of certification, and
annual report, for provisions relating to withholding of trade
readjustment allowance pending beginning or resumption of participation
in job search program.
1986 -- Subsec. (a)(2). Pub. L. 99-272, 13003(b), substituted
provisions restricting to no more than 7 the number of weeks to be
treated as weeks of employment under this sentence for provisions
designated as clauses (i) to (iii), limiting the weeks that may be
treated as weeks of employment to 3, 7, and 7, respectively, under
certain conditions.
Subsec. (a)(5). Pub. L. 99-272, 13003(a)(1), added par. (5).
Subsec. (c). Pub. L. 99-272, 13003(a)(2), added subsec. (c).
1981 -- Pub. L. 97-35 designated existing provisions as subsec.
(a), substituted provisions respecting applicability of date upon which
petition was filed for provisions respecting applicability of date
specified in certification under section 2273(a) of this title,
substantially revised and reorganized conditions by, among other
changes, adding pars. (3) and (4), and added subsec. (b).
Section 106(b) of Pub. L. 102-318 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply to weeks
beginning after August 1, 1990.''
Amendment by Pub. L. 100-418 effective on date that is 90 days after
Aug. 23, 1988, see section 1430(f) of Pub. L. 100-418, set out as an
Effective Date note under section 2397 of this title.
Gramm-Rudman
Section 13009 of Pub. L. 99-272 provided that:
''(a) In General. -- Except as provided in subsections (b) and (c),
the amendments made by this part (part 1 ( 13001-13009) of subtitle A,
amending this section, sections 2271, 2272, 2292, 2293, 2296, 2297,
2311, 2317, 2319, 2341 to 2344, and 2346 of this title, and provisions
set out as a note preceding section 2271 of this title) shall take
effect on the date of the enactment of this Act (Apr. 7, 1986).
''(b) Job Search Program Requirements. -- The amendments made by
section 13003(a) (amending this section and section 2311 of this title)
apply with respect to workers covered by petitions filed under section
221 of the Trade Act of 1974 (section 2271 of this title) on or after
the date of the enactment of this Act (Apr. 7, 1986).
''(c) Extension and Authorization. -- Chapters 2 and 3 of title II of
the Trade Act of 1974 (19 U.S.C. 2271, et seq.) (parts 2 and 3 of this
subchapter) shall be applied as if the amendments made by sections 13007
and 13008 (amending sections 2317 and 2346 of this title and provisions
set out as a note preceding section 2271 of this title) had taken effect
on December 18, 1985.
''(d) Application of Gramm-Rudman. -- Trade readjustment allowances
payable under part I (of subchapter B) of chapter 2 of title II of the
Trade Act of 1974 (sections 2291 to 2294 of this title) for the period
from March 1, 1986, and until October 1, 1986, shall be reduced by a
percentage equal to the non-defense sequester percentage applied in the
Sequestration Report (submitted under the Balanced Budget and Emergency
Deficit Control Act of 1985 (see Short Title note set out under section
901 of Title 2, The Congress) and dated January 21, 1986) of the
Comptroller General of the United States for fiscal year 1986.''
Section 2514 of Pub. L. 97-35, as amended by Pub. L. 97-362, title
II, 204, Oct. 24, 1982, 96 Stat. 1733, provided that:
''(a)(1) Except as provided in paragraph (2), this subtitle (enacting
section 2275 of this title, amending this section and sections 2272,
2274, 2292, 2293, 2296, 2297, 2298, 2311, 2313, 2315, 2317, and 2319 of
this title, repealing section 2318 of this title, enacting provisions
set out as a note under section 2292 of this title, and amending
provisions set out as a note preceding section 2271 of this title and
under section 3304 of Title 26, Internal Revenue Code) shall take effect
on the date of the enactment of this Act (Aug. 13, 1981).
''(2)(A) The amendments made by section 2501 (amending section 2272
of this title) shall apply with respect to all petitions for
certification filed under section 221 of the Trade Act of 1974 (section
2271 of this title) on or after October 1, 1983.
''(B) The amendments made by sections 2503, 2504, 2505, and 2511
(amending this section, sections 2292, 2293, and 2319 of this title, and
provisions set out as a note under section 3304 of Title 26, Internal
Revenue Code) shall apply with respect to trade readjustment allowances
payable for weeks of unemployment which begin after September 30, 1981.
''(C) The amendments made by sections 2506, 2507, and 2508 (amending
sections 2296, 2297, and 2298 of this title) shall take effect with
respect to determinations regarding training and applications for
allowances under sections 236, 237, and 238 of the Trade Act of 1974
(sections 2296, 2297, and 2298 of this title) that are made or filed
after September 30, 1981.
''(D)(i) Except as otherwise provided in clause (ii), the provisions
of sections 233(d) and 236(a)(2) of the Trade Act of 1974 (as amended by
this Act) (sections 2293(d) and 2296(a)(2) of this title), and the
provisions of section 204(a)(2)(C) of the Federal-State Extended
Unemployment Compensation Act of 1970 (as added by this Act) (set out as
a note under section 3304 of Title 26) shall apply to State unemployment
compensation laws for purposes of certifications under section 3304(c)
of the Internal Revenue Code of 1954 (section 3304(c) of Title 26) on
October 31, of any taxable year after 1981.
''(ii) In the case of any State the legislature of which --
''(I) does not meet in a session which begins after the date of the
enactment of this Act (Aug. 13, 1981) and prior to September 1, 1982,
and
''(II) if in session on the date of the enactment of this Act, does
not remain in session for a period of at least 25 calendar days,
the date '1981' in clause (i) shall be deemed to be '1982'.
''(b) An adversely affected worker who is receiving or is entitled to
receive payments of trade readjustment allowances under chapter 2 of the
Trade Act of 1974 (this part) for weeks of unemployment beginning before
October 1, 1981, shall be entitled to receive --
''(1) with respect to weeks of unemployment beginning before October
1, 1981, payments of trade readjustment allowances determined under such
chapter 2 without regard to the amendments made by this subtitle; and
''(2) with respect to weeks of unemployment beginning after September
30, 1981, payments of trade readjustment allowances as determined under
such chapter 2 as amended by this subtitle, except that the maximum
amount of trade readjustment allowances payable to such an individual
for such weeks of unemployment shall be an amount equal to the product
of the trade readjustment allowance payable to the individual for a week
of total unemployment (as determined under section 232(a) as so amended
(section 2292(a) of this title)) multiplied by a factor determined by
subtracting from fifty-two the sum of --
''(A) the number of weeks preceding the first week which begins after
September 30, 1981, and which are within the period covered by the same
certification under such chapter 2 as such week of unemployment, for
which the individual was entitled to a trade readjustment allowance or
unemployment insurance, or would have been entitled to such allowance or
unemployment insurance if he had applied therefor, and
''(B) the number of weeks preceding such first week that are
deductible under section 232(d) (as in effect before the amendments made
by section 2504) (section 2392(d) of this title);
except that the amount of trade readjustment allowances payable to an
adversely affected worker under this paragraph shall be subject to
adjustment on a week-to-week basis as may be required by section 232(b)
(section 2392(b) of this title).''
19 USC 2292. Weekly amounts of readjustment allowance
TITLE 19 -- CUSTOMS DUTIES
(a) Formula
Subject to subsections (b) and (c) of this section, the trade
readjustment allowance payable to an adversely affected worker for a
week of total unemployment shall be an amount equal to the most recent
weekly benefit amount of the unemployment insurance payable to the
worker for a week of total unemployment preceding the worker's first
exhaustion of unemployment insurance (as determined for purposes of
section 2291(a)(3)(B) of this title) reduced (but not below zero) by --
(1) any training allowance deductible under subsection (c) of this
section; and
(2) income that is deductible from unemployment insurance under the
disqualifying income provisions of the applicable State law or Federal
unemployment insurance law.
(b) Adversely affected workers who are undergoing training
Any adversely affected worker who is entitled to trade readjustment
allowances and who is undergoing training approved by the Secretary
shall receive for each week in which he is undergoing any such training,
a trade readjustment allowance in an amount (computed for such week)
equal to the amount computed under subsection (a) of this section or (if
greater) the amount of any weekly allowance for such training to which
he would be entitled under any other Federal law for the training of
workers, if he applied for such allowance. Such trade readjustment
allowance shall be paid in lieu of any training allowance to which the
worker would be entitled under such other Federal law.
(c) Deduction from total number of weeks of allowance entitlement
If a training allowance under any Federal law other than this chapter
is paid to an adversely affected worker for any week of unemployment
with respect to which he would be entitled (determined without regard to
any disqualification under section 2291(b) of this title) to a trade
readjustment allowance if he applied for such allowance, each such week
shall be deducted from the total number of weeks of trade readjustment
allowance otherwise payable to him under section 2293(a) of this title
when he applies for a trade readjustment allowance and is determined to
be entitled to such allowance. If such training allowance paid to such
worker for any week of unemployment is less than the amount of the trade
readjustment allowance to which he would be entitled if he applied for
such allowance, he shall receive, when he applies for a trade
readjustment allowance and is determined to be entitled to such
allowance, a trade readjustment allowance for such week equal to such
difference.
(Pub. L. 93-618, title II, 232, Jan. 3, 1975, 88 Stat. 2021; Pub.
L. 97-35, title XXV, 2504(a), Aug. 13, 1981, 95 Stat. 883; Pub. L.
99-272, title XIII, 13003(c), Apr. 7, 1986, 100 Stat. 301; Pub. L.
100-418, title I, 1423(b), Aug. 23, 1988, 102 Stat. 1246.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
This chapter, referred to in subsec. (c), was in the original ''this
Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
1988 -- Subsec. (b). Pub. L. 100-418, 1423(b)(1), struck out '',
including on-the-job training,'' after ''approved by the Secretary''.
Subsec. (c). Pub. L. 100-418, 1423(b)(2), substituted ''under
section 2291(b)'' for ''under section 2291(c) or 2296(c)''.
1986 -- Subsec. (c). Pub. L. 99-272 substituted ''under any Federal
law other than this chapter'' for ''under any Federal law,'', ''section
2291(c) or 2296(c) of this title'' for ''section 2296(c) of this
title'', and ''If such training allowance'' for ''If the training
allowance''.
1981 -- Subsec. (a). Pub. L. 97-35, 2504(a)(1), substituted
provisions setting forth amount of allowance as reduced (but not below
zero) by training allowance and income deductions for provisions setting
forth amount of allowance as computed by specified percentages of wages
and reduced by paid remuneration.
Subsecs. (c), (d). Pub. L. 97-35, 2504(a)(2)-(4), redesignated
subsec. (d) as (c) and struck out references to unemployment insurance
and to the inapplicability of former subsecs. (c) and (e) of this
section. Former subsec. (c), which related to the computation of
unemployment insurance, was struck out.
Subsec. (e). Pub. L. 97-35, 2504(a)(2), struck out subsec. (e)
which related to maximum total for all remuneration and allowances.
Subsec. (f). Pub. L. 97-35, 2504(a)(2), struck out subsec. (f)
which authorized rounding off to whole dollar amounts.
Amendment by section 1423(b)(1) effective Aug. 23, 1988, and
amendment by section 1423(b)(2) of Pub. L. 100-418 effective on the
date that is 90 days after Aug. 23, 1988, see section 1430(a), (f) of
Pub. L. 100-418, set out as an Effective Date note under section 2397
of this title.
Amendment by Pub. L. 97-35 applicable to allowances payable for
weeks of unemployment which begin after Sept. 30, 1981, with transition
provisions applicable, see section 2514 of Pub. L. 97-35, set out as a
note under section 2291 of this title.
Section 2504(b) of Pub. L. 97-35 provided that: ''Any reference in
any law to subsection (d) of section 232 of the Trade Act of 1974
(subsec. (d) of this section) shall be considered a reference to
subsection (c) thereof (subsec. (c) of this section).''
19 USC 2293. Limitations on trade readjustment allowances
TITLE 19 -- CUSTOMS DUTIES
(a) Maximum allowance; deduction for unemployment insurance;
additional payments for approved training periods
(1) The maximum amount of trade readjustment allowances payable with
respect to the period covered by any certification to an adversely
affected worker shall be the amount which is the product of 52
multiplied by the trade readjustment allowance payable to the worker for
a week of total unemployment (as determined under section 2292(a) of
this title), but such product shall be reduced by the total sum of the
unemployment insurance to which the worker was entitled (or would have
been entitled if he had applied therefor) in the worker's first benefit
period described in section 2291(a)(3)(A) of this title.
(2) A trade readjustment allowance shall not be paid for any week
occurring after the close of the 104-week period that begins with the
first week following the week in which the adversely affected worker was
most recently totally separated from adversely affected employment --
(A) within the period which is described in section 2291(a)(1) of
this title, and
(B) with respect to which the worker meets the requirements of
section 2291(a)(2) of this title.
(3) Notwithstanding paragraph (1), in order to assist the adversely
affected worker to complete training approved for him under section 2296
of this title, and in accordance with regulations prescribed by the
Secretary, payments may be made as trade readjustment allowances for up
to 26 additional weeks in the 26-week period that --
(A) follows the last week of entitlement to trade readjustment
allowances otherwise payable under this part; or
(B) begins with the first week of such training, if such training
begins after the last week described in subparagraph (A).
Payments for such additional weeks may be made only for weeks in such
26-week period during which the individual is participating in such
training.
(b) Limitations on additional payments for training periods
A trade readjustment allowance may not be paid for an additional week
specified in subsection (a)(3) of this section if the adversely affected
worker who would receive such allowance did not make a bona fide
application to a training program approved by the Secretary under
section 2296 of this title within 210 days after the date of the
worker's first certification of eligibility to apply for adjustment
assistance issued by the Secretary, or, if later, within 210 days after
the date of the worker's total or partial separation referred to in
section 2291(a)(1) of this title.
(c) Adjustments of amounts payable
Amounts payable to an adversely affected worker under sections 2291
to 2294 of this title shall be subject to such adjustment on a
week-to-week basis as may be required by section 2292(b) of this title.
(d) Special adjustments for benefit years ending with extended
benefit periods
Notwithstanding any other provision of this chapter or other Federal
law, if the benefit year of a worker ends within an extended benefit
period, the number of weeks of extended benefits that such worker would,
but for this subsection, be entitled to in that extended benefit period
shall be reduced (but not below zero) by the number of weeks for which
the worker was entitled, during such benefit year, to trade readjustment
allowances under sections 2291 to 2294 of this title. For purposes of
this paragraph, the terms ''benefit year'' and ''extended benefit
period'' shall have the same respective meanings given to them in the
Federal-State Extended Unemployment Compensation Act of 1970.
(e) Week during which worker received on-the-job training
No trade readjustment allowance shall be paid to a worker under
sections 2291 to 2294 of this title for any week during which the worker
is receiving on-the-job training.
(f) Workers treated as participating in training
For purposes of this part, a worker shall be treated as participating
in training during any week which is part of a break in training that
does not exceed 14 days if --
(1) the worker was participating in a training program approved under
section 2296(a) of this title before the beginning of such break in
training, and
(2) the break is provided under such training program.
(Pub. L. 93-618, title II, 233, Jan. 3, 1975, 88 Stat. 2022; Pub.
L. 97-35, title XXV, 2505(a), Aug. 13, 1981, 95 Stat. 883; Pub. L.
98-369, div. B, title VI, 2671, July 18, 1984, 98 Stat. 1172; Pub. L.
99-272, title XIII, 13003(d), Apr. 7, 1986, 100 Stat. 301; Pub. L.
100-418, title I, 1423(c), 1425(a), Aug. 23, 1988, 102 Stat. 1246,
1250.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
This chapter, referred to in subsec. (d), was in the original ''this
Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended, which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
The Federal-State Extended Unemployment Compensation Act of 1970,
referred to in subsec. (d), is title II of Pub. L. 91-373, Aug. 10,
1970, 84 Stat. 708, as amended, which is classified generally as a note
under section 3304 of Title 26, Internal Revenue Code. For complete
classification of this Act to the Code, see Tables.
1988 -- Subsec. (a)(2). Pub. L. 100-418, 1425(a), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''A trade
readjustment allowance shall not be paid for any week after the 104-week
period beginning with the first week following the first week in the
period covered by the certification with respect to which the worker has
exhausted (as determined for purposes of section 2291(a)(3)(B) of this
title) all rights to that part of his unemployment insurance that is
regular compensation.''
Subsec. (a)(3). Pub. L. 100-418, 1423(c)(2), substituted
''participating in such training'' for ''engaged in such training and
has not been determined under section 2296(c) of this title to be
failing to make satisfactory progress in the training'' in last
sentence.
Subsec. (a)(3)(B). Pub. L. 100-418, 1423(c)(1), substituted
''begins'' for ''is approved'' after ''training''.
Subsec. (f). Pub. L. 100-418, 1423(c)(3), added subsec. (f).
1986 -- Subsec. (a)(2). Pub. L. 99-272, 13003(d)(1), substituted
''104-week period'' for ''52-week period''.
Subsec. (e). Pub. L. 99-272, 13003(d)(2), added subsec. (e).
1984 -- Subsec. (a)(3). Pub. L. 98-369 substituted ''Notwithstanding
paragraph (1), in order to assist the adversely affected worker to
complete training approved for him under section 2296 of this title, and
in accordance with regulations prescribed by the Secretary, payments may
be made as trade readjustment allowances for up to 26 additional weeks
in the 26-week period that --
''(A) follows the last week of entitlement to trade readjustment
allowances otherwise payable under this part; or
''(B) begins with the first week of such training, if such training
is approved after the last week described in subparagraph (A).''
for ''Notwithstanding paragraph (1), in accordance with regulations
prescribed by the Secretary, payments may be made as trade readjustment
allowances for up to 26 additional weeks in the 26-week period following
the last week of entitlement to trade readjustment allowances otherwise
payable under this part in order to assist the adversely affected worker
to complete training approved for the worker under section 2296 of this
title.''
1981 -- Subsec. (a). Pub. L. 97-35 substituted provisions relating
to maximum amount of allowance payable for provisions relating to time
limitations on allowance payable.
Subsec. (b). Pub. L. 97-35 substituted provisions relating to payment
for an additional week for provisions relating to payment for an
additional week after the appropriate week and provisions determining
the appropriate week.
Subsecs. (c), (d). Pub. L. 97-35 added subsecs. (c) and (d).
Amendment by section 1423(c)(2) of Pub. L. 100-418 effective on date
that is 90 days after Aug. 23, 1988, and amendment by section 1425(a)
of Pub. L. 100-418 effective Aug. 23, 1988, but not applicable with
respect to any total separation of a worker from adversely affected
employment (within the meaning of section 2319 of this title) that
occurs before Aug. 23, 1988, if the application of such amendment with
respect to such total separation would reduce the period for which such
worker would (but for such amendment) be allowed to receive trade
readjustment allowances under sections 2291 to 2294 of this title, see
section 1430(a), (f), (g) of Pub. L. 100-418, set out as an Effective
Date note under section 2397 of this title.
Amendment by Pub. L. 97-35 applicable to allowances payable for
weeks of unemployment which begin after Sept. 30, 1981, with transition
provisions applicable, and with the amendment of subsec. (d) of this
section applicable, except as otherwise provided, to laws for
certification purposes under section 3304(c) of title 26 on Oct. 31, of
any taxable year after 1981, see section 2514 of Pub. L. 97-35, set
out as a note under section 2291 of this title.
Section 1425(b) of Pub. L. 100-418 provided that:
''(1) The provisions of subsections (a)(2) and (b) of section 233 of
the Trade Act of 1974 (19 U.S.C. 2293(a)(2), (b)) shall not apply with
respect to any worker who became totally separated from adversely
affected employment (within the meaning of section 247 of such Act (19
U.S.C. 2319)) during the period that began on August 13, 1981, and ended
on April 7, 1986.
''(2)(A) Any worker who is otherwise eligible for payment of a trade
readjustment allowance under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974 (19 U.S.C. 2291 to 2294) by reason of
paragraph (1) of this subsection may receive payments of such allowance
only if such worker --
''(i) is enrolled in a training program approved by the Secretary
under section 236(a) of such Act (19 U.S.C. 2296(a)), and
''(ii) has been unemployed continuously since the date on which the
worker became totally separated from the adversely affected employment,
not taking into account seasonal employment, odd jobs, or part-time,
temporary employment.
''(B) If the Secretary of Labor determines that --
''(i) a worker --
''(I) has failed to begin participation in the training program the
enrollment in which meets the requirement of subparagraph (A), or
''(II) has ceased to participate in such training program before
completing such training program, and
''(ii) there is no justifiable cause for such failure or cessation,
no trade readjustment allowance may be paid to the worker under part
I of subchapter B of chapter 2 of title II of the Trade Act of 1974 for
the week in which such failure or cessation occurred, or any succeeding
week, until the worker begins or resumes participation in a training
program approved under section 236(a) of such Act.''
2318, 2396 of this title.
19 USC 2294. Application of State laws
TITLE 19 -- CUSTOMS DUTIES
Except where inconsistent with the provisions of this part and
subject to such regulations as the Secretary may prescribe, the
availability and disqualification provisions of the State law --
(1) under which an adversely affected worker is entitled to
unemployment insurance (whether or not he has filed a claim for such
insurance), or
(2) if he is not so entitled to unemployment insurance, of the State
in which he was totally or partially separated,
shall apply to any such worker who files a claim for trade
readjustment allowances. The State law so determined with respect to a
separation of a worker shall remain applicable, for purposes of the
preceding sentence, with respect to such separation until such worker
becomes entitled to unemployment insurance under another State law
(whether or not he has filed a claim for such insurance).
(Pub. L. 93-618, title II, 234, Jan. 3, 1975, 88 Stat. 2022.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2295. Employment services
TITLE 19 -- CUSTOMS DUTIES
The Secretary shall make every reasonable effort to secure for
adversely affected workers covered by a certification under subpart A of
this part counseling, testing, and placement services, and supportive
and other services, provided for under any other Federal law. The
Secretary shall, whenever appropriate, procure such services through
agreements with the States.
(Pub. L. 93-618, title II, 235, Jan. 3, 1975, 88 Stat. 2023; Pub.
L. 100-418, title I, 1424(d)(1)(A), Aug. 23, 1988, 102 Stat. 1249.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1988 -- Pub. L. 100-418 substituted ''the States'' for ''cooperating
State agencies''.
19 USC 2296. Training
TITLE 19 -- CUSTOMS DUTIES
(a) Approval of training; limitation on expenditures; reasonable
expectation of employment; payment of costs; approved training
programs; nonduplication of payments from other sources; disapproval
of certain programs; exhaustion of unemployment benefits; promulgation
of regulations
(1) If the Secretary determines that --
(A) there is no suitable employment (which may include technical and
professional employment) available for an adversely affected worker,
(B) the worker would benefit from appropriate training,
(C) there is a reasonable expectation of employment following
completion of such training,
(D) training approved by the Secretary is reasonably available to the
worker from either governmental agencies or private sources (which may
include area vocational education schools, as defined in section 195(2)
of the Vocational Education Act of 1963, /1/ and employers) /2/
(E) the worker is qualified to undertake and complete such training,
and
(F) such training is suitable for the worker and available at a
reasonable cost,
the Secretary shall approve such training for the worker. Upon such
approval, the worker shall be entitled to have payment of the costs of
such training (subject to the limitations imposed by this section) paid
on his behalf by the Secretary directly or through a voucher system.
Insofar as possible, the Secretary shall provide or assure the provision
of such training on the job, which shall include related education
necessary for the acquisition of skills needed for a position within a
particular occupation.
(2)(A) The total amount of payments that may be made under paragraph
(1) for any fiscal year shall not exceed $80,000,000.
(B) If, during any fiscal year, the Secretary estimates that the
amount of funds necessary to pay the costs of training approved under
this section will exceed the amount of the limitation imposed under
subparagraph (A), the Secretary shall decide how the portion of such
limitation that has not been expended at the time of such estimate is to
be apportioned among the States for the remainder of such fiscal year.
(3) For purposes of applying paragraph (1)(C), a reasonable
expectation of employment does not require that employment opportunities
for a worker be available, or offered, immediately upon the completion
of training approved under this paragraph (1).
(4)(A) If the costs of training an adversely affected worker are paid
by the Secretary under paragraph (1), no other payment for such costs
may be made under any other provision of Federal law.
(B) No payment may be made under paragraph (1) of the costs of
training an adversely affected worker if such costs --
(i) have already been paid under any other provision of Federal law,
or
(ii) are reimbursable under any other provision of Federal law and a
portion of such costs have already been paid under such other provision
of Federal law.
(C) The provisions of this paragraph shall not apply to, or take into
account, any funds provided under any other provision of Federal law
which are used for any purpose other than the direct payment of the
costs incurred in training a particular adversely affected worker, even
if such use has the effect of indirectly paying or reducing any portion
of the costs involved in training the adversely affected worker.
(5) The training programs that may be approved under paragraph (1)
include, but are not limited to --
(A) on-the-job training,
(B) any training program provided by a State pursuant to section 1653
of title 29, /1/
(C) any training program approved by a private industry council
established under section 1512 of title 29,
(D) any program of remedial education,
(E) any training program (other than a training program described in
paragraph (7)) for which all, or any portion, of the costs of training
the worker are paid --
(i) under any Federal or State program other than this chapter, or
(ii) from any source other than this section, and
(F) any other training program approved by the Secretary.
(6)(A) The Secretary is not required under paragraph (1) to pay the
costs of any training approved under paragraph (1) to the extent that
such costs are paid --
(i) under any Federal or State program other than this part, or
(ii) from any source other than this section.
(B) Before approving any training to which subparagraph (A) may
apply, the Secretary may require that the adversely affected worker
enter into an agreement with the Secretary under which the Secretary
will not be required to pay under this section the portion of the costs
of such training that the worker has reason to believe will be paid
under the program, or by the source, described in clause (i) or (ii) of
subparagraph (A).
(7) The Secretary shall not approve a training program if --
(A) all or a portion of the costs of such training program are paid
under any nongovernmental plan or program,
(B) the adversely affected worker has a right to obtain training or
funds for training under such plan or program, and
(C) such plan or program requires the worker to reimburse the plan or
program from funds provided under this part, or from wages paid under
such training program, for any portion of the costs of such training
program paid under the plan or program.
(8) The Secretary may approve training for any adversely affected
worker who is a member of a group certified under subpart A of this part
at any time after the date on which the group is certified under subpart
A of this part, without regard to whether such worker has exhausted all
rights to any unemployment insurance to which the worker is entitled.
(9) The Secretary shall prescribe regulations which set forth the
criteria under each of the subparagraphs of paragraph (1) that will be
used as the basis for making determinations under paragraph (1).
(b) Supplemental assistance
The Secretary may, where appropriate, authorize supplemental
assistance necessary to defray reasonable transportation and subsistence
expenses for separate maintenance when training is provided in
facilities which are not within commuting distance of a worker's regular
place of residence. The Secretary may not authorize --
(1) payments for subsistence that exceed whichever is the lesser of
(A) the actual per diem expenses for subsistence, or (B) payments at 50
percent of the prevailing per diem allowance rate authorized under the
Federal travel regulations, or
(2) payments for travel expenses exceeding the prevailing mileage
rate authorized under the Federal travel regulations.
(c) Payment of costs of on-the-job training
The Secretary shall pay the costs of any on-the-job training of an
adversely affected worker that is approved under subsection (a)(1) of
this section in equal monthly installments, but the Secretary may pay
such costs, notwithstanding any other provision of this section, only if
--
(1) no currently employed worker is displaced by such adversely
affected worker (including partial displacement such as a reduction in
the hours of nonovertime work, wages, or employment benefits),
(2) such training does not impair existing contracts for services or
collective bargaining agreements,
(3) in the case of training which would be inconsistent with the
terms of a collective bargaining agreement, the written concurrence of
the labor organization concerned has been obtained,
(4) no other individual is on layoff from the same, or any
substantially equivalent, job for which such adversely affected worker
is being trained,
(5) the employer has not terminated the employment of any regular
employee or otherwise reduced the workforce of the employer with the
intention of filling the vacancy so created by hiring such adversely
affected worker,
(6) the job for which such adversely affected worker is being trained
is not being created in a promotional line that will infringe in any way
upon the promotional opportunities of currently employed individuals,
(7) such training is not for the same occupation from which the
worker was separated and with respect to which such worker's group was
certified pursuant to section 2272 of this title,
(8) the employer certifies to the Secretary that the employer will
continue to employ such worker for at least 26 weeks after completion of
such training if the worker desires to continue such employment and the
employer does not have due cause to terminate such employment,
(9) the employer has not received payment under subsection (a)(1) of
this section with respect to any other on-the-job training provided by
such employer which failed to meet the requirements of paragraphs (1),
(2), (3), (4), (5), and (6), and
(10) the employer has not taken, at any time, any action which
violated the terms of any certification described in paragraph (8) made
by such employer with respect to any other on-the-job training provided
by such employer for which the Secretary has made a payment under
subsection (a)(1) of this section.
(d) Eligibility for unemployment insurance
A worker may not be determined to be ineligible or disqualified for
unemployment insurance or program benefits under this subpart because
the individual is in training approved under subsection (a) of this
section, because of leaving work which is not suitable employment to
enter such training, or because of the application to any such week in
training of provisions of State law or Federal unemployment insurance
law relating to availability for work, active search for work, or
refusal to accept work. The Secretary shall submit to the Congress a
quarterly report regarding the amount of funds expended during the
quarter concerned to provided training under subsection (a) of this
section and the anticipated demand for such funds for any remaining
quarters in the fiscal year concerned.
(e) ''Suitable employment'' defined
For purposes of this section the term ''suitable employment'' means,
with respect to a worker, work of a substantially equal or higher skill
level than the worker's past adversely affected employment, and wages
for such work at not less than 80 percent of the worker's average weekly
wage.
(Pub. L. 93-618, title II, 236, Jan. 3, 1975, 88 Stat. 2023; Pub.
L. 97-35, title XXV, 2506(2), Aug. 13, 1981, 95 Stat. 885; Pub. L.
99-272, title XIII, 13004(a), Apr. 7, 1986, 100 Stat. 301; Pub. L.
100-418, title I, 1424(a)-(c), Aug. 23, 1988, 102 Stat. 1248, 1249;
Pub. L. 100-647, title IX, 9001(a)(20), Nov. 10, 1988, 102 Stat. 3808.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
Section 195(2) of the Vocational Education Act of 1963, referred to
in subsec. (a)(1)(D), is section 195(2) of Pub. L. 88-210, title I, as
added by Pub. L. 94-482, title II, 202(a), Oct. 12, 1976, 90 Stat.
2211, and amended, which was classified to section 2461(2) of Title 20,
Education, prior to the general revision and redesignation of Pub. L.
88-210 as the Carl D. Perkins Vocational Education Act by Pub. L.
98-524, 1, Oct. 19, 1984, 98 Stat. 2435. The definition of ''area
vocational education school'' is now contained in section 521(4) of Pub.
L. 88-210, which is classified to section 2471(4) of Title 20.
Section 1653 of title 29, referred to in subsec. (a)(5)(B), was
amended generally by Pub. L. 100-418, title VI, 6302(a), Aug. 23,
1988, 102 Stat. 1527, and as so amended, does not refer to training
programs provided by a State.
1988 -- Subsec. (a)(1). Pub. L. 100-418, 1424(a)(5)-(7), struck out
''(to the extent appropriated funds are available)'' after ''the
Secretary shall'' in first sentence, and in second sentence inserted
''(subject to the limitations imposed by this section)'' after ''costs
of such training'' and ''directly or through a voucher system'' after
''by the Secretary''.
Subsec. (a)(1)(D). Pub. L. 100-418, 1424(a)(1), substituted ''is
reasonably available'' for ''is available''.
Subsec. (a)(1)(F). Pub. L. 100-418, 1424(a)(2)-(4), added subpar.
(F).
Subsec. (a)(2). Pub. L. 100-418, 1424(a)(11), (12), added par. (2)
and redesignated former par. (2) as (3).
Subsec. (a)(2)(A). Pub. L. 100-418, 1424(b), directed the amendment
of subpar. (A) by substituting ''$120,000,000'' for ''$80,000,000'',
which amendment did not become effective pursuant to section 1430(d) of
Pub. L. 100-418, as amended, set out as an Effective Date note under
section 2397 of this title.
Subsec. (a)(3), (4). Pub. L. 100-418, 1424(a)(11), redesignated
pars. (2) and (3) as (3) and (4), respectively. Former par. (4)
redesignated (5).
Subsec. (a)(5). Pub. L. 100-418, 1424(a)(8)-(11), redesignated
former par. (4) as (5), added subpars. (D) and (E), and redesignated
former subpar. (D) as (F).
Subsec. (a)(6). Pub. L. 100-418, 1424(a)(13), added par. (6).
Subsec. (a)(6)(B). Pub. L. 100-647 substituted ''in clause (i) or
(ii) of subparagraph (A)'' for ''in subparagraph (A) or (B) of paragraph
(1)''.
Subsec. (a)(7) to (9). Pub. L. 100-418, 1424(a)(13), added pars.
(7) to (9).
Subsec. (c). Pub. L. 100-418, 1424(c)(1), substituted present
introductory provisions for ''Notwithstanding any provision of
subsection (a)(1) of this section, the Secretary may pay the costs of
on-the-job training of an adversely affected worker under subsection
(a)(1) of this section only if -- ''.
Pub. L. 100-418, 1424(c)(2), (3), redesignated subsec. (d) as (c),
and struck out former subsec. (c) which related to refusal to accept or
continue training, or failure to make satisfactory progress.
Subsecs. (d) to (f). Pub. L. 100-418, 1424(c)(3), redesignated
subsecs. (e) and (f) as (d) and (e), respectively. Former subsec. (d)
redesignated (c).
1986 -- Subsec. (a)(1). Pub. L. 99-272, 13004(a)(2), substituted
''shall (to the extent appropriated funds are available) approve'' for
''may approve'' in first sentence.
Subsec. (a)(1)(A). Pub. L. 99-272, 13004(a)(1), substituted ''for an
adversely affected worker'' for ''for a worker''.
Subsec. (a)(2) to (4). Pub. L. 99-272, 13004(a)(6), added pars.
(2) to (4). Former pars. (2) and (3) redesignated subsecs. (e) and
(f), respectively.
Subsec. (d). Pub. L. 99-272, 13004(a)(7), added subsec. (d).
Subsec. (e). Pub. L. 99-272, 13004(a)(3), (5), redesignated par.
(2) of subsec. (a) as subsec. (e) and substituted ''under subsection
(a) of this section'' for ''under paragraph (1)'' in two places.
Subsec. (f). Pub. L. 99-272, 13004(a)(4), (5), redesignated par.
(3) of subsec. (a) as subsec. (f) and substituted ''this section'' for
''this subsection''.
1981 -- Subsec. (a). Pub. L. 97-35 redesignated existing provisions
as par. (1), revised provisions, made changes in nomenclature, inserted
provisions respecting availability, payment, and scope of training, and
added pars. (2) and (3).
Subsec. (b). Pub. L. 97-35 substituted provisions limiting the
maximum amount of travel expenses on the basis of amounts paid under
Federal travel regulations for provisions establishing specific maximum
amounts for subsistence and transportation expenses.
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
Amendment by section 1424(c)(2), (3) of Pub. L. 100-418 effective on
date that is 90 days after Aug. 23, 1988, see section 1430(f) of Pub.
L. 100-418, set out as an Effective Date note under section 2397 of this
title.
Amendment by Pub. L. 97-35 effective for determinations made or
filed after Sept. 30, 1981, with transition provisions applicable, and
with the amendment of subsec. (a)(2) of this section applicable, except
as otherwise provided, to laws for certification purposes under section
3304 of title 26 on Oct. 31, of any taxable year after 1981, see
section 2514 of Pub. L. 97-35, set out as a note under section 2291 of
this title.
/1/ See References in Text note below.
/2/ So in original. Probably should be followed by a comma.
19 USC 2297. Job search allowances
TITLE 19 -- CUSTOMS DUTIES
(a) Terms
Any adversely affected worker covered by a certification under
subpart A of this part may file an application with the Secretary for a
job search allowance. Such allowance, if granted, shall provide
reimbursement to the worker of 90 percent of the cost of necessary job
search expenses as prescribed by regulations of the Secretary; except
that --
(1) such reimbursement may not exceed $800 for any worker, and
(2) reimbursement may not be made for subsistence and transportation
expenses at levels exceeding those allowable under section 2296(b)(1)
and (2) of this title.
(b) Conditions
A job search allowance may be granted only --
(1) to assist an adversely affected worker who has been totally
separated in securing a job within the United States;
(2) where the Secretary determines that such worker cannot reasonably
be expected to secure suitable employment in the commuting area in which
he resides; and
(3) where the worker has filed an application for such allowance with
the Secretary before --
(A) the later of --
(i) the 365th day after the date of the certification under which the
worker is eligible, or
(ii) the 365th day after the date of the worker's last total
separation; or
(B) the 182d day after the concluding date of any training received
by the worker, if the worker was referred to such training by the
Secretary.
(c) Reimbursement for necessary expenses
The Secretary shall reimburse any adversely affected worker for
necessary expenses incurred by such worker in participating in a job
search program approved by the Secretary.
(Pub. L. 93-618, title II, 237, Jan. 3, 1975, 88 Stat. 2023; Pub.
L. 97-35, title XXV, 2507, Aug. 13, 1981, 95 Stat. 886; Pub. L.
98-369, div. B, title VI, 2672(a), July 18, 1984, 98 Stat. 1172; Pub.
L. 99-272, title XIII, 13005(a), Apr. 7, 1986, 100 Stat. 303.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1986 -- Subsec. (c). Pub. L. 99-272 added subsec. (c).
1984 -- Subsec. (a)(1). Pub. L. 98-369 substituted ''$800'' for
''$600''.
1981 -- Subsec. (a). Pub. L. 97-35, 2507(1), amended provisions
generally, increasing percent of reimbursement of cost of job search
from 80 to 90 and maximum amount from $500 to $600, and striking out
requirement of total separation.
Subsec. (b)(1). Pub. L. 97-35, 2507(2)(A), inserted ''who has been
totally separated'' after ''to assist an adversely affected worker''.
Subsec. (b)(3). Pub. L. 97-35, 2507(2)(B), amended par. (3)
generally, substituting the 182-day period for a reasonable period of
time and inserting provision relating to 365 days after certification.
Amendment by Pub. L. 97-35 effective for determinations made or
filed after Sept. 30, 1981, with transition provisions applicable, see
section 2514 of Pub. L. 97-35, set out as a note under section 2291 of
this title.
19 USC 2298. Relocation allowances
TITLE 19 -- CUSTOMS DUTIES
(a) Filing of application
Any adversely affected worker covered by a certification under
subpart A of this part may file an application with the Secretary for a
relocation allowance, subject to the terms and conditions of this
section, if such worker files such application before --
(1) the later of --
(A) the 425th day after the date of the certification, or
(B) the 425th day after the date of the worker's last total
separation; or
(2) the 182d day after the concluding date of any training received
by such worker, if the worker was referred to such training by the
Secretary.
(b) Suitable employment; bona fide offer; total separation when
relocation commences
A relocation allowance may be granted only to assist an adversely
affected worker in relocating within the United States and only if the
Secretary determines that such worker cannot reasonably be expected to
secure suitable employment in the commuting area in which he resides and
that such worker --
(1) has obtained suitable employment affording a reasonable
expectation of long-term duration in the area in which he wishes to
relocate, or
(2) has obtained a bona fide offer of such employment, and
(3) is totally separated from employment at the time relocation
commences.
(c) Time of relocation
A relocation allowance shall not be granted to such worker unless his
relocation occurs within 182 days after the filing of the application
therefor or (in the case of a worker who has been referred to training
by the Secretary) within 182 days after the conclusion of such training.
(d) ''Relocation allowance'' defined
For the purposes of this section, the term ''relocation allowance''
means --
(1) 90 percent of the reasonable and necessary expenses (including,
but not limited to, subsistence and transportation expenses at levels
not exceeding those allowable under section 2296(b)(1) and (2) of this
title) specified in regulations prescribed by the Secretary, incurred in
transporting a worker and his family, if any, and household effects, and
(2) a lump sum equivalent to three times the worker's average weekly
wage, up to a maximum payment of $800.
(Pub. L. 93-618, title II, 238, Jan. 3, 1975, 88 Stat. 2024; Pub.
L. 97-35, title XXV, 2508, Aug. 13, 1981, 95 Stat. 886; Pub. L.
98-369, div. B, title VI, 2672(b), July 18, 1984, 98 Stat. 1172.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1984 -- Subsec. (d)(2). Pub. L. 98-369 substituted ''$800'' for
''$600''.
1981 -- Subsec. (a). Pub. L. 97-35, 2508(1), inserted provisions
relating to time for filing application and struck out provisions
respecting total separation.
Subsec. (b)(3). Pub. L. 97-35, 2508(2), added par. (3).
Subsec. (c). Pub. L. 97-35, 2508(3), substituted provisions
respecting 182-day requirements for provisions respecting requirements
involving entitlements for the week in which the application is filed
and relocation occurring within a reasonable period of time.
Subsec. (d)(1). Pub. L. 97-35, 2508(4)(A), increased percentage from
80 to 90 percent and inserted provision respecting allowable levels of
subsistence and travel expenses.
Subsec. (d)(2). Pub. L. 97-35, 2508(4)(B), increased maximum payment
from $500 to $600.
Amendment by Pub. L. 97-35 effective for determinations made or
filed after Sept. 30, 1981, with transition provisions applicable, see
section 2514 of Pub. L. 97-35, set out as a note under section 2291 of
this title.
19 USC subpart c -- general provisions
TITLE 19 -- CUSTOMS DUTIES
19 USC 2311. Agreements with States
TITLE 19 -- CUSTOMS DUTIES
(a) Authority of Secretary to enter into agreements
The Secretary is authorized on behalf of the United States to enter
into an agreement with any State, or with any State agency (referred to
in this subpart as ''cooperating States'' and ''cooperating States
agencies'' respectively). Under such an agreement, the cooperating
State agency (1) as agent of the United States, will receive
applications for, and will provide, payments on the basis provided in
this part, (2) where appropriate, but in accordance with subsection (f)
of this section, will afford adversely affected workers testing,
counseling, referral to training and job search programs, and placement
services, (3) will make any certifications required under section
2291(c)(2) of this title, and (4) will otherwise cooperate with the
Secretary and with other State and Federal agencies in providing
payments and services under this part.
(b) Amendment, suspension, and termination of agreements
Each agreement under this subpart shall provide the terms and
conditions upon which the agreement may be amended, suspended, or
terminated.
(c) Unemployment insurance
Each agreement under this subpart shall provide that unemployment
insurance otherwise payable to any adversely affected worker will not be
denied or reduced for any week by reason of any right to payments under
this part.
(d) Review
A determination by a cooperating State agency with respect to
entitlement to program benefits under an agreement is subject to review
in the same manner and to the same extent as determinations under the
applicable State law and only in that manner and to that extent.
(e) Coordination of benefits and assistance
Any agreement entered into under this section shall provide for the
coordination of the administration of the provisions for employment
services, training, and supplemental assistance under sections 2295 and
2296 of this title and under title III of the Job Training Partnership
Act (29 U.S.C. 1651 et seq.) upon such terms and conditions as are
established by the Secretary in consultation with the States and set
forth in such agreement. Any agency of the State jointly administering
such provisions under such agreement shall be considered to be a
cooperating State agency for purposes of this part.
(f) Advising and interviewing adversely affected workers
Each cooperating State agency shall, in carrying out subsection
(a)(2) of this section --
(1) advise each worker who applies for unemployment insurance of the
benefits under this part and the procedures and deadlines for applying
for such benefits,
(2) facilitate the early filing of petitions under section 2271 of
this title for any workers that the agency considers are likely to be
eligible for benefits under this part,
(3) advise each adversely affected worker to apply for training under
section 2296(a) of this title before, or at the same time, the worker
applies for trade readjustment allowances under sections 2291 to 2294 of
this title, and
(4) as soon as practicable, interview the adversely affected worker
regarding suitable training opportunities available to the worker under
section 2296 of this title and review such opportunities with the
worker.
(Pub. L. 93-618, title II, 239, Jan. 3, 1975, 88 Stat. 2024; Pub.
L. 97-35, title XXV, 2513(d)(6), Aug. 13, 1981, 95 Stat. 889; Pub. L.
99-272, title XIII, 13003(a)(3), 13004(c), Apr. 7, 1986, 100 Stat.
301, 303; Pub. L. 100-418, title I, 1423(a)(4), 1424(d)(1)(B), (2),
Aug. 23, 1988, 102 Stat. 1246, 1250.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
The Job Training Partnership Act, referred to in subsec. (e), is
Pub. L. 97-300, Oct. 13, 1982, 96 Stat. 1322, as amended. Title III
of that Act is classified generally to subchapter III ( 1651 et seq.) of
chapter 19 of Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section 1501 of Title 29
and Tables.
Section is comprised of subsecs. (a) to (f) of Pub. L. 93-618.
Another subsec. (e) of section 239 of Pub. L. 93-618 amended section
3302 of Title 26, Internal Revenue Code.
1988 -- Subsec. (a)(3). Pub. L. 100-418, 1423(a)(4), amended cl.
(3) generally. Prior to amendment, cl. (3) read as follows: ''will
make determinations and approvals regarding job search programs under
sections 2291(c) and 2297(c) of this title, and''.
Subsec. (e). Pub. L. 100-418, 1424(d)(1)(B), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows:
''Agreements entered into under this section may be made with one or
more State or local agencies including --
''(1) the employment service agency of such State,
''(2) any State agency carrying out title III of the Job Training
Partnership Act (29 U.S.C. 1651 et seq.), or
''(3) any other State or local agency administering job training or
related programs.''
Subsec. (f). Pub. L. 100-418, 1424(d)(2), amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: ''Each
cooperating State agency shall, in carrying out subsection (a)(2) of
this section --
''(1) advise each adversely affected worker to apply for training
under section 2296(a) of this title at the time the worker makes
application for trade readjustment allowances (but failure of the worker
to do so may not be treated as cause for denial of those allowances),
and
''(2) within 60 days after application for training is made by the
worker, interview the adversely affected worker regarding suitable
training opportunities available to the worker under section 2296 of
this title and review such opportunities with the worker.''
1986 -- Subsec. (a). Pub. L. 99-272, 13004(c)(1), inserted ''but in
accordance with subsection (f) of this section,'' in cl. (2).
Pub. L. 99-272, 13003(a)(3), substituted ''training and job search
programs'' for ''training'' in cl. (2), added cl. (3), and
redesignated former cl. (3) as (4).
Subsecs. (e), (f). Pub. L. 99-272, 13004(c)(2), added subsecs. (e)
and (f).
1981 -- Subsec. (a). Pub. L. 97-35 struck out provisions respecting
persons applying for payments under this part.
Amendment by section 1424(d)(1)(B), (2) of Pub. L. 100-418 effective
Aug. 23, 1988, and amendment by section 1423(a)(4) of Pub. L. 100-418
effective on the date that is 90 days after Aug. 23, 1988, see section
1430(a), (f) of Pub. L. 100-418, set out as an Effective Date note
under section 2397 of this title.
Amendment by section 13003(a) of Pub. L. 99-272 applicable with
respect to workers covered by petitions filed under section 2271 of this
title on or after Apr. 7, 1986, and amendment by section 13004(c) of
Pub. L. 99-272 effective on Apr. 7, 1986, see section 13009(a), (b) of
Pub. L. 99-272, set out as a note under section 2291 of this title.
Amendment by Pub. L. 97-35 effective Aug. 1981, with transition
provisions applicable, see section 2514 of Pub. L. 97-35, set out as a
note under section 2291 of this title.
section 1661.
19 USC 2312. Administration absent State agreement
TITLE 19 -- CUSTOMS DUTIES
(a) Promulgation of regulations; fair hearing
In any State where there is no agreement in force between a State or
its agency under section 2311 of this title, the Secretary shall arrange
under regulations prescribed by him for performance of all necessary
functions under subpart B of this part, including provision for a fair
hearing for any worker whose application for payments is denied.
(b) Review of final determination
A final determination under subsection (a) of this section with
respect to entitlement to program benefits under subpart B of this part
is subject to review by the courts in the same manner and to the same
extent as is provided by section 405(g) of title 42.
(Pub. L. 93-618, title II, 240, Jan. 3, 1975, 88 Stat. 2025.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2313. Payments to States
TITLE 19 -- CUSTOMS DUTIES
(a) Certification to Secretary of the Treasury for payment to
cooperating States
The Secretary shall from time to time certify to the Secretary of the
Treasury for payment to each cooperating State the sums necessary to
enable such State as agent of the United States to make payments
provided for by this part.
(b) Utilization or return of money
All money paid a State under this section shall be used solely for
the purposes for which it is paid; and money so paid which is not used
for such purposes shall be returned, at the time specified in the
agreement under this subpart, to the Secretary of the Treasury.
(c) Surety bonds
Any agreement under this subpart may require any officer or employee
of the State certifying payments or disbursing funds under the agreement
or otherwise participating in the performance of the agreement, to give
a surety bond to the United States in such amount as the Secretary may
deem necessary, and may provide for the payment of the cost of such bond
from funds for carrying out the purposes of this part.
(Pub. L. 93-618, title II, 241, Jan. 3, 1975, 88 Stat. 2025; Pub.
L. 97-35, title XXV, 2513(b), Aug. 13, 1981, 95 Stat. 889.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1981 -- Subsec. (a). Pub. L. 97-35 struck out provisions relating to
payment to the State by the Secretary of the Treasury from the
Adjustment Assistance Trust Fund prior to audit or settlement by the
General Accounting Office.
Subsec. (b). Pub. L. 97-35 struck out provisions relating to
crediting money returned to the Secretary of the Treasury to the
Adjustment Assistance Trust Fund.
Amendment by Pub. L. 97-35 effective Aug. 1981, with transition
provisions applicable, see section 2514 of Pub. L. 97-35, set out as a
note under section 2291 of this title.
19 USC 2314. Liabilities of certifying and disbursing officers
TITLE 19 -- CUSTOMS DUTIES
(a) Certifying officer
No person designated by the Secretary, or designated pursuant to an
agreement under this subpart, as a certifying officer, shall, in the
absence of gross negligence or intent to defraud the United States, be
liable with respect to any payment certified by him under this part.
(b) Disbursing officer
No disbursing officer shall, in the absence of gross negligence or
intent to defraud the United States, be liable with respect to any
payment by him under this part if it was based upon a voucher signed by
a certifying officer designated as provided in subsection (a) of this
section.
(Pub. L. 93-618, title II, 242, Jan. 3, 1975, 88 Stat. 2026.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2315. Fraud and recovery of overpayments
TITLE 19 -- CUSTOMS DUTIES
(a) Repayment; deductions
(1) If a cooperating State agency, the Secretary, or a court of
competent jurisdiction determines that any person has received any
payment under this part to which the person was not entitled, including
a payment referred to in subsection (b) of this section, such person
shall be liable to repay such amount to the State agency or the
Secretary, as the case may be, except that the State agency or the
Secretary may waive such repayment if such agency or the Secretary
determines, in accordance with guidelines prescribed by the Secretary,
that --
(A) the payment was made without fault on the part of such
individual, and
(B) requiring such repayment would be contrary to equity and good
conscience.
(2) Unless an overpayment is otherwise recovered, or waived under
paragraph (1), the State agency or the Secretary shall recover the
overpayment by deductions from any sums payable to such person under
this part, under any Federal unemployment compensation law administered
by the State agency or the Secretary, or under any other Federal law
administered by the State agency or the Secretary which provides for the
payment of assistance or an allowance with respect to unemployment, and,
notwithstanding any other provision of State law or Federal law to the
contrary, the Secretary may require the State agency to recover any
overpayment under this part by deduction from any unemployment insurance
payable to such person under the State law, except that no single
deduction under this paragraph shall exceed 50 percent of the amount
otherwise payable.
(b) False representation or nondisclosure of material fact
If a cooperating State agency, the Secretary, or a court of competent
jurisdiction determines that an individual --
(1) knowingly has made, or caused another to make, a false statement
or representation of a material fact, or
(2) knowingly has failed, or caused another to fail, to disclose a
material fact,
and as a result of such false statement or representation, or of such
nondisclosure, such individual has received any payment under this part
to which the individual was not entitled, such individual shall, in
addition to any other penalty provided by law, be ineligible for any
further payments under this part.
(c) Notice of determination; fair hearing; finality
Except for overpayments determined by a court of competent
jurisdiction, no repayment may be required, and no deduction may be
made, under this section until a determination under subsection (a)(1)
of this section by the State agency or the Secretary, as the case may
be, has been made, notice of the determination and an opportunity for a
fair hearing thereon has been given to the individual concerned, and the
determination has become final.
(d) Recovered amount returned to Treasury
Any amount recovered under this section shall be returned to the
Treasury of the United States.
(Pub. L. 93-618, title II, 243, Jan. 3, 1975, 88 Stat. 2026; Pub.
L. 97-35, title XXV, 2509, Aug. 13, 1981, 95 Stat. 887.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1981 -- Subsec. (a). Pub. L. 97-35 designated existing provisions as
par. (1), revised provisions, made changes in nomenclature and, among
other changes, inserted provisions respecting waiver, and added par.
(2).
Subsec. (b). Pub. L. 97-35 substituted provisions relating to
ineligibility for other payments for provisions relating to deposit,
return, and credit of repayments.
Subsecs. (c), (d). Pub. L. 97-35 added subsecs. (c) and (d).
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, with transition
provisions applicable, see section 2514 of Pub. L. 97-35, set out as a
note under section 2291 of this title.
19 USC 2316. Penalties
TITLE 19 -- CUSTOMS DUTIES
Whoever makes a false statement of a material fact knowing it to be
false, or knowingly fails to disclose a material fact, for the purpose
of obtaining or increasing for himself or for any other person any
payment authorized to be furnished under this part or pursuant to an
agreement under section 2311 of this title shall be fined not more than
$1,000 or imprisoned for not more than one year, or both.
(Pub. L. 93-618, title II, 244, Jan. 3, 1975, 88 Stat. 2026.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2317. Authorization of appropriations
TITLE 19 -- CUSTOMS DUTIES
There are authorized to be appropriated to the Department of Labor,
for each of the fiscal years 1988, 1989, 1990, 1991, 1992, and 1993,
such sums as may be necessary to carry out the purposes of this part.
(Pub. L. 93-618, title II, 245, Jan. 3, 1975, 88 Stat. 2026; Pub.
L. 97-35, title XXV, 2510, Aug. 13, 1981, 95 Stat. 888; Pub. L.
98-120, 2(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-272, title XIII,
13008(a), Apr. 7, 1986, 100 Stat. 305; Pub. L. 100-418, title I,
1426(b)(1), Aug. 23, 1988, 102 Stat. 1251.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1988 -- Pub. L. 100-418 substituted ''1988, 1989, 1990, 1991, 1992,
and 1993'' for ''1986, 1987, 1988, 1989, 1990, and 1991''.
1986 -- Pub. L. 99-272 substituted ''1986, 1987, 1988, 1989, 1990,
and 1991'' for ''1982 through 1985''.
1983 -- Pub. L. 98-120 substituted ''each of the fiscal years 1982
through 1985'' for ''each of fiscal years 1982 and 1983''.
1981 -- Pub. L. 97-35 substituted provisions relating to
authorization of appropriations for fiscal years 1982 and 1983 for
provisions relating to establishment of the Adjustment Assistance Trust
Fund.
Parts 2 and 3 of this subchapter applicable as if the amendment of
this section by Pub. L. 99-272 had taken effect Dec. 18, 1985, see
section 13009(c) of Pub. L. 99-272, set out as a note under section
2291 of this title.
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, with transition
provisions applicable, see section 2514 of Pub. L. 97-35, set out as a
note under section 2291 of this title.
19 USC 2318. Supplemental wage allowance demonstration projects
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment of projects; purpose
The Secretary shall establish one or more demonstration projects
during fiscal years 1989 and 1990 for the purpose of --
(1) determining the attractiveness of a supplemental wage allowance
to various categories of workers eligible for assistance under this
part, based on the amount and duration of the supplement;
(2) determining the effectiveness of a supplemental wage allowance as
an option under this part in facilitating the readjustment of adversely
affected workers; and
(3) determining whether a supplemental wage allowance should be made
an option under the Trade Adjustment Assistance program for all fiscal
years.
(b) Supplemental wage allowances
(1) For purposes of this section, the term ''supplemental wage
allowance'' means a payment that is made to an adversely affected worker
who --
(A) accepts full-time employment at an average weekly wage that is
less than the average weekly wage of the worker in the adversely
affected employment,
(B) prior to such acceptance, is eligible for trade readjustment
allowances under sections 2291 to 2294 of this title, and
(C) voluntarily elects to receive such payment in lieu of any trade
readjustment allowances that the worker would otherwise be eligible to
receive with respect to the period covered by the certification made
under subpart A of this part that applies to such worker.
(2) A supplemental wage allowance shall be provided under any
demonstration project established under subsection (a) of this section
to a worker described in paragraph (1) for each week during which the
worker performs services in the full-time employment referred to in
paragraph (1)(A) in an amount that does not exceed the lesser of --
(A) the amount of the trade readjustment allowance that the worker
would have been eligible to receive for any week under sections 2291 to
2294 of this title if the worker had not accepted the full-time
employment and had not made the election described in paragraph (1)(C),
or
(B) the excess of --
(i) an amount equal to 80 percent of the average weekly wage of the
worker in the adversely affected employment, over
(ii) the average weekly wage in the full-time employment.
(3)(A) Supplemental wage allowances shall not be provided under any
demonstration project established under subsection (a) of this section
for more than 52 weeks.
(B) The total amount of supplemental wage allowances that may be paid
to any worker under any demonstration project established under
subsection (a) of this section with respect to the period covered by the
certification applicable to such worker shall not exceed an amount that
is equal to the excess of --
(i) the amount of the limitation imposed under section 2293(a)(1) of
this title with respect to such worker for such period, over
(ii) the amount of the trade readjustment allowances paid under
sections 2291 to 2294 of this title to such worker for such period.
(c) Evaluation of projects
The Secretary shall provide for an evaluation of demonstration
projects conducted under this section to determine at least the
following:
(1) the extent to which different age groups of eligible recipients
utilize the supplemental wage allowance;
(2) the effect of the amount and duration of the supplemental wage
allowance on the utilization of the allowance;
(3) the extent to which the supplemental wage allowance affects the
demand for training and the appropriateness thereof;
(4) the extent to which the supplemental wage allowance facilitates
the readjustment of workers who would not otherwise utilize benefits
provided under this part;
(5) the extent to which the allowance affects the cost of carrying
out the provisions of this part; and
(6) the effectiveness of the supplemental wage allowance as an option
under this part in facilitating the readjustment of adversely affected
workers.
(d) Report to Congress; evaluation and recommendation
By no later than the date that is 6 years after August 23, 1988, the
Secretary shall transmit to the Congress a report that includes --
(1) an evaluation of the projects authorized under this section that
is conducted in accordance with subsection (c) of this section, and
(2) a recommendation as to whether the supplemental wage allowance
should be available on a permanent basis as an option for some or all
workers eligible for assistance under this part.
(Pub. L. 93-618, title II, 246, as added Pub. L. 100-418, title I,
1423(d)(1), Aug. 23, 1988, 102 Stat. 1246; amended Pub. L. 101-382,
title I, 136, Aug. 20, 1990, 104 Stat. 652.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
A prior section, Pub. L. 93-618, title II, 246, Jan. 3, 1975, 88
Stat. 2027, which contained transition provisions for events taking
place during specified periods prior to the effective date of this part,
was repealed by Pub. L. 97-35, title XXV, 2513(c), Aug. 13, 1981, 95
Stat. 889.
1990 -- Subsec. (a). Pub. L. 101-382, 136(1), struck out ''and
carry out'' after ''establish'' in introductory provisions.
Subsec. (d). Pub. L. 101-382, 136(2), substituted ''6 years'' for
''3 years''.
Section 1423(d)(2) of Pub. L. 100-418 provided that: ''For purposes
of funding the demonstration projects established under section 246(a)
of the Trade Act of 1974 (19 U.S.C. 2318(a)), as added by paragraph (1)
of this subsection --
''(A) the supplemental wage allowances payable under such projects
shall be considered to be trade readjustment allowances payable under
part I of subchapter B of chapter 2 of title II of the Trade Act of 1974
(19 U.S.C. 2291 to 2294), and
''(B) the costs of administering such projects by the States shall be
considered to be costs of administering such part I.''
19 USC 2319. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this part --
(1) The term ''adversely affected employment'' means employment in a
firm or appropriate subdivision of a firm, if workers of such firm or
subdivision are eligible to apply for adjustment assistance under this
part.
(2) The term ''adversely affected worker'' means an individual who,
because of lack of work in adversely affected employment --
(A) has been totally or partially separated from such employment, or
(B) has been totally separated from employment with the firm in a
subdivision of which such adversely affected employment exists.
(3) Repealed. Pub. L. 97-35, title XXV, 2511(1), Aug. 13, 1981, 95
Stat. 888.
(4) The term ''average weekly wage'' means one-thirteenth of the
total wages paid to an individual in the high quarter. For purposes of
this computation, the high quarter shall be that quarter in which the
individual's total wages were highest among the first 4 of the last 5
completed calendar quarters immediately before the quarter in which
occurs the week with respect to which the computation is made. Such
week shall be the week in which total separation occurred, or, in cases
where partial separation is claimed, an appropriate week, as defined in
regulations prescribed by the Secretary.
(5) The term ''average weekly hours'' means the average hours worked
by the individual (excluding overtime) in the employment from which he
has been or claims to have been separated in the 52 weeks (excluding
weeks during which the individual was sick or on vacation) preceding the
week specified in the last sentence of paragraph (4).
(6) The term ''partial separation'' means, with respect to an
individual who has not been totally separated, that he has had --
(A) his hours of work reduced to 80 percent or less of his average
weekly hours in adversely affected employment, and
(B) his wages reduced to 80 percent or less of his average weekly
wage in such adversely affected employment.
(7) Repealed. Pub. L. 97-35, title XXV, 2511(1), Aug. 13, 1981, 95
Stat. 888.
(8) The term ''State'' includes the District of Columbia and the
Commonwealth of Puerto Rico; and the term ''United States'' when used
in the geographical sense includes such Commonwealth.
(9) The term ''State agency'' means the agency of the State which
administers the State law.
(10) The term ''State law'' means the unemployment insurance law of
the State approved by the Secretary of Labor under section 3304 of title
26.
(11) The term ''total separation'' means the layoff or severance of
an individual from employment with a firm in which, or in a subdivision
of which, adversely affected employment exists.
(12) The term ''unemployment insurance'' means the unemployment
compensation payable to an individual under any State law or Federal
unemployment compensation law, including chapter 85 of title 5 and the
Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.). The terms
''regular compensation'', ''additional compensation'', and ''extended
compensation'' have the same respective meanings that are given them in
section 205(2), (3), and (4) of the Federal-State Extended Unemployment
Compensation Act of 1970 (26 U.S.C. 3304 note).
(13) The term ''week'' means a week as defined in the applicable
State law.
(14) The term ''week of unemployment'' means a week of total,
part-total, or partial unemployment as determined under the applicable
State law or Federal unemployment insurance law.
(15) The term ''benefit period'' means, with respect to an individual
--
(A) the benefit year and any ensuing period, as determined under
applicable State law, during which the individual is eligible for
regular compensation, additional compensation, or extended compensation,
or
(B) the equivalent to such a benefit year or ensuing period provided
for under the applicable Federal unemployment insurance law.
(16) The term ''on-the-job training'' means training provided by an
employer to an individual who is employed by the employer.
(17)(A) The term ''job search program'' means a job search workshop
or job finding club.
(B) The term ''job search workshop'' means a short (1 to 3 days)
seminar designed to provide participants with knowledge that will enable
the participants to find jobs. Subjects are not limited to, but should
include, labor market information, resume writing, interviewing
techniques, and techniques for finding job openings.
(C) The term ''job finding club'' means a job search workshop which
includes a period (1 to 2 weeks) of structured, supervised activity in
which participants attempt to obtain jobs.
(Pub. L. 93-618, title II, 247, Jan. 3, 1975, 88 Stat. 2028; Pub.
L. 97-35, title XXV, 2511, Aug. 13, 1981, 95 Stat. 888; Pub. L.
99-272, title XIII, 13004(b), 13005(b), Apr. 7, 1986, 100 Stat. 303.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
The Railroad Unemployment Insurance Act, referred to in par. (12),
is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended, which is
classified principally to chapter 11 ( 351 et seq.) of Title 45,
Railroads. For complete classification of this Act to the Code, see
Tables.
1986 -- Pars. (16), (17). Pub. L. 99-272 added pars. (16) and
(17).
1981 -- Par. (3). Pub. L. 97-35, 2511(1), struck out par. (3)
defining ''average weekly manufacturing wage''.
Par. (7). Pub. L. 97-35, 2511(1), struck out par. (7) defining
''remuneration''.
Par. (12). Pub. L. 97-35, 2511(2), revised par. (12) generally,
inserting definitions of ''regular compensation'', ''additional
compensation'', and ''extended compensation''.
Par. (14). Pub. L. 97-35, 2511(3), substituted provisions requiring
determination under the applicable State law or Federal unemployment
insurance law for provisions requiring computation applying percent of
average weekly wage and time spent prior to separation.
Par. (15). Pub. L. 97-35, 2511(4), added par. (15).
Amendment by Pub. L. 97-35 applicable to allowances payable for
weeks of unemployment which begin after Sept. 30, 1981, with transition
provisions applicable, see section 2514 of Pub. L. 97-35, set out as a
note under section 2291 of this title.
19 USC 2320. Regulations
TITLE 19 -- CUSTOMS DUTIES
The Secretary shall prescribe such regulations as may be necessary to
carry out the provisions of this part.
(Pub. L. 93-618, title II, 248, Jan. 3, 1975, 88 Stat. 2029.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2321. Subpena power
TITLE 19 -- CUSTOMS DUTIES
(a) Subpena by Secretary
The Secretary may require by subpena the attendance of witnesses and
the production of evidence necessary for him to make a determination
under the provisions of this part.
(b) Court order
If a person refuses to obey a subpena issued under subsection (a) of
this section, a United States district court within the jurisdiction of
which the relevant proceeding under this part is conducted may, upon
petition by the Secretary, issue an order requiring compliance with such
subpena.
(Pub. L. 93-618, title II, 249, Jan. 3, 1975, 88 Stat. 2029.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2322. Repealed. Pub. L. 96-417, title VI, 612, Oct. 10, 1980,
94 Stat. 1746
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 93-618, title II, 250, Jan. 3, 1975, 88 Stat.
2029, provided for judicial review for workers or groups aggrieved by a
final determination by the Secretary under section 2273 of this title.
See section 2395 of this title.
Repeal effective Nov. 1, 1980, and applicable with respect to civil
actions pending on or commenced on or after such date, see section
701(a) of Pub. L. 96-417, set out as an Effective Date of 1980
Amendment note under section 251 of Title 28, Judiciary and Judicial
Procedure.
19 USC Part 3 -- Adjustment Assistance for Firms
TITLE 19 -- CUSTOMS DUTIES
No technical assistance to be provided under this part after Sept.
30, 1993, see section 285 of Pub. L. 93-618, as amended, set out as a
note preceding section 2271 of this title.
19 USC 2341. Petitions and determinations
TITLE 19 -- CUSTOMS DUTIES
(a) Filing of petition; receipt of petition; initiation of
investigation
A petition for a certification of eligibility to apply for adjustment
assistance under this part may be filed with the Secretary of Commerce
(hereinafter in this part referred to as the ''Secretary'') by a firm
(including any agricultural firm) or its representative. Upon receipt
of the petition, the Secretary shall promptly publish notice in the
Federal Register that he has received the petition and initiated an
investigation.
(b) Public hearing
If the petitioner, or any other person, organization, or group found
by the Secretary to have a substantial interest in the proceedings,
submits not later than 10 days after the date of the Secretary's
publication under subsection (a) of this section a request for a
hearing, the Secretary shall provide for a public hearing and afford
such interested persons an opportunity to be present, to produce
evidence, and to be heard.
(c) Certification
(1) The Secretary shall certify a firm (including any agricultural
firm) as eligible to apply for adjustment assistance under this part if
the Secretary determines --
(A) that a significant number or proportion of the workers in such
firm have become totally or partially separated, or are threatened to
become totally or partially separated,
(B) that --
(i) sales or production, or both, of such firm have decreased
absolutely, or
(ii) sales or production, or both, of an article that accounted for
not less than 25 percent of the total production or sales of the firm
during the 12-month period preceding the most recent 12-month period for
which data are available have decreased absolutely, and
(C) increases of imports of articles like or directly competitive
with articles which are produced by such firm contributed importantly to
such total or partial separation, or threat thereof, and to such decline
in sales or production.
(2) For purposes of paragraph (1)(C) --
(A) The term ''contributed importantly'' means a cause which is
important but not necessarily more important than any other cause.
(B)(i) Any firm which engages in exploration or drilling for oil or
natural gas shall be considered to be a firm producing oil or natural
gas.
(ii) Any firm that engages in exploration or drilling for oil or
natural gas, or otherwise produces oil or natural gas, shall be
considered to be producing articles directly competitive with imports of
oil and with imports of natural gas.
(d) Allowable period for determination
A determination shall be made by the Secretary as soon as possible
after the date on which the petition is filed under this section, but in
any event not later than 60 days after that date.
(Pub. L. 93-618, title II, 251, Jan. 3, 1975, 88 Stat. 2030; Pub.
L. 99-272, title XIII, 13002(b), Apr. 7, 1986, 100 Stat. 300; Pub. L.
100-418, title I, 1421(a)(2), (b)(2), Aug. 23, 1988, 102 Stat. 1243,
1244.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1988 -- Subsec. (c). Pub. L. 100-418, 1421(a)(2), amended subsec.
(c) generally. Prior to amendment, subsec. (c) read as follows: ''The
Secretary shall certify a firm (including any agricultural firm) as
eligible to apply for adjustment assistance under this part if he
determines --
''(1) that a significant number or proportion of the workers in such
firm have become totally or partially separated, or are threatened to
become totally or partially separated.
''(2) that --
''(A) sales or production, or both, of the firm have decreased
absolutely, or
''(B) sales or production, or both, of an article that accounted for
not less than 25 percent of the total production or sales of the firm
during the 12-month period preceding the most recent 12-month period for
which data are available have decreased absolutely, and
''(3) that increases of imports of articles like or directly
competitive with articles produced by such firm contributed importantly
to such total or partial separation, or threat thereof, and to such
decline in sales or production.
For purposes of paragraph (3), the term 'contributed importantly'
means a cause which is important but not necessarily more important than
any other cause.''
Subsec. (c)(1)(C). Pub. L. 100-418, 1421(b)(2), directed the general
amendment of subpar. (C) adding provisions relating to provision of
essential goods or services by such firm, which amendment did not become
effective pursuant to section 1430(d) of Pub. L. 100-418, as amended,
set out as an Effective Date note under section 2397 of this title.
1986 -- Subsecs. (a), (c). Pub. L. 99-272, 13002(b)(1), inserted
''(including any agricultural firm)'' after ''firm''.
Subsec. (c)(2). Pub. L. 99-272, 13002(b)(2), amended par. (2)
generally, designating existing provisions as subpar. (A), substituting
''of the firm have decreased absolutely, or'' for ''of such firm have
decreased absolutely, and'', and adding subpar. (B).
1581, 2631, 2636, 2640, 2643.
19 USC 2342. Approval of adjustment proposals
TITLE 19 -- CUSTOMS DUTIES
(a) Application for adjustment assistance
A firm certified under section 2341 of this title as eligible to
apply for adjustment assistance may, at any time within 2 years after
the date of such certification, file an application with the Secretary
for adjustment assistance under this part. Such application shall
include a proposal for the economic adjustment of such firm.
(b) Technical assistance
(1) Adjustment assistance under this part consists of technical
assistance. The Secretary shall approve a firm's application for
adjustment assistance only if the Secretary determines that the firm's
adjustment proposal --
(A) is reasonably calculated to materially contribute to the economic
adjustment of the firm,
(B) gives adequate consideration to the interests of the workers of
such firm, and
(C) demonstrates that the firm will make all reasonable efforts to
use its own resources for economic development.
(2) The Secretary shall make a determination as soon as possible
after the date on which an application is filed under this section, but
in no event later than 60 days after such date.
(c) Termination of certification of eligibility
Whenever the Secretary determines that any firm no longer requires
assistance under this part, he shall terminate the certification of
eligibility of such firm and promptly have notice of such termination
published in the Federal Register. Such termination shall take effect
on the termination date specified by the Secretary.
(Pub. L. 93-618, title II, 252, Jan. 3, 1975, 88 Stat. 2030; Pub.
L. 99-272, title XIII, 13006(a)(1), (2), Apr. 7, 1986, 100 Stat. 304.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1986 -- Subsec. (b)(1). Pub. L. 99-272, 13006(a)(1), amended par.
(1) generally. Prior to amendment, par. (1) read as follows:
''Adjustment assistance under this part consists of technical assistance
and financial assistance, which may be furnished singly or in
combination. The Secretary shall approve a firm's application for
adjustment assistance only if he determines --
''(A) that the firm has no reasonable access to financing through the
private capital market, and
''(B) that the firm's adjustment proposal --
''(i) is reasonably calculated materially to contribute to the
economic adjustment of the firm,
''(ii) gives adequate consideration to the interests of the workers
of such firm, and
''(iii) demonstrates that the firm will make all reasonable efforts
to use its own resources for economic development.''
Subsecs. (c), (d). Pub. L. 99-272, 13006(a)(2), redesignated
subsec. (d) as (c) and struck out former subsec. (c) which authorized
the Secretary to assist an eligible firm in the preparation of a viable
adjustment proposal.
19 USC 2343. Technical assistance
TITLE 19 -- CUSTOMS DUTIES
(a) Discretion of Secretary; types of assistance
The Secretary may provide a firm, on terms and conditions as the
Secretary determines to be appropriate, with such technical assistance
as in his judgment will carry out the purposes of this part with respect
to the firm. The technical assistance furnished under this part may
consist of one or more of the following:
(1) Assistance to a firm in preparing its petition for certification
of eligibility under section 2341 of this title.
(2) Assistance to a certified firm in developing a proposal for its
economic adjustment.
(3) Assistance to a certified firm in the implementation of such a
proposal.
(b) Utilization of existing agencies, private individuals, etc., in
furnishing assistance; grants to intermediary organizations
(1) The Secretary shall furnish technical assistance under this part
through existing agencies and through private individuals, firms, or
institutions (including private consulting services), or by grants to
intermediary organizations (including Trade Adjustment Assistance
Centers).
(2) In the case of assistance furnished through private individuals,
firms, or institutions (including private consulting services), the
Secretary may share the cost thereof (but not more than 75 percent of
such cost for assistance described in paragraph (2) or (3) of subsection
(a) of this section may be borne by the United States).
(3) The Secretary may make grants to intermediary organizations in
order to defray up to 100 percent of administrative expenses incurred in
providing such technical assistance to a firm.
(Pub. L. 93-618, title II, 253, Jan. 3, 1975, 88 Stat. 2031; Pub.
L. 97-35, title XXV, 2521, Aug. 13, 1981, 95 Stat. 890; Pub. L.
99-272, title XIII, 13006(a)(3), Apr. 7, 1986, 100 Stat. 304.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1986 -- Subsec. (b)(2). Pub. L. 99-272 substituted ''such cost for
assistance described in paragraph (2) or (3) of subsection (a) of this
section'' for ''such cost''.
1981 -- Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,
incorporating provisions formerly contained in subsec. (b) and, in
those provisions, substituted discretionary language for
non-discretionary language relating to the assistance furnished and
allowed the giving of assistance to firms in the preparation of their
petitions for certification of eligibility under section 2341 of this
title.
Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,
incorporating in pars. (1) and (2) provisions formerly contained in
subsec. (c), inserted reference to grants to intermediary organizations
(including Trade Adjustment Assistance Centers) in par. (1), and added
par. (3). Provisions formerly contained in subsec. (b) were
transferred to subsec. (a).
Subsec. (c). Pub. L. 97-35 struck out subsec. (c) and transferred
the provisions to subsec. (b)(1) and (2).
Section 2529 of Pub. L. 97-35 provided that:
''(a) Subject to subsection (b), the amendments made by this subtitle
(subtitle B ( 2521-2529) of title XXV of Pub. L. 97-35, enacting
section 2355 of this title, amending this section and sections 2344 to
2347 of this title, and repealing section 2353 of this title) shall take
effect on the date of the enactment of this Act (Aug. 13, 1981).
''(b) Applications for adjustment assistance under chapter 3 of title
II of the Trade Act of 1974 (this part) which the Secretary of Commerce
accepted for processing before the date of the enactment of this Act
(Aug. 13, 1981) shall continue to be processed in accordance with the
requirements of such chapter as in effect before such date of
enactment.''
19 USC 2344. Financial assistance
TITLE 19 -- CUSTOMS DUTIES
(a) Direct loans and guarantees of loans
The Secretary may provide to a firm, on such terms and conditions as
he determines to be appropriate, such financial assistance in the form
of direct loans or guarantees of loans as in his judgment will
materially contribute to the economic adjustment of the firm. The
assumption of an outstanding indebtedness of the firm, with or without
recourse, shall be considered to be the making of a loan for purposes of
this section.
(b) Allowable purposes
Loans or guarantees of loans shall be made under this part only for
the purpose of making funds available to the firm --
(1) for acquisition, construction, installation, modernization,
development, conversion, or expansion of land, plant, buildings,
equipment, facilities, or machinery, or
(2) to supply such working capital as may be necessary to enable the
firm to implement its adjustment proposal.
(c) Limitation on direct loans
No direct loan may be provided to a firm under this part if the firm
can obtain loan funds from private sources (with or without a guarantee)
at a rate no higher than the maximum interest per annum that a
participating financial institution may establish on guaranteed loans
made pursuant to section 636(a) of title 15.
(d) Limitations on loans and guarantees
Notwithstanding any other provision of this part, no direct loans or
guarantees of loans may be made under this part after April 7, 1986.
(Pub. L. 93-618, title II, 254, Jan. 3, 1975, 88 Stat. 2031; Pub.
L. 97-35, title XXV, 2522, Aug. 13, 1981, 95 Stat. 891; Pub. L.
99-272, title XIII, 13006(b), Apr. 7, 1986, 100 Stat. 304.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1986 -- Subsec. (d). Pub. L. 99-272 added subsec. (d).
1981 -- Subsec. (c). Pub. L. 97-35 substituted provisions relating
to limitation on direct loans on the basis of interest rates on loans
under section 636(a) of title 15 for provisions relating to limitation
on direct loans on the basis of interest rates under section 2345(b) of
this title.
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
otherwise provided with respect to applications for adjustment
assistance, see section 2529 of Pub. L. 97-35, set out as a note under
section 2343 of this title.
19 USC 2345. Conditions for financial assistance
TITLE 19 -- CUSTOMS DUTIES
(a) Unavailability of firm's resources; reasonable assurance of
repayment
No financial assistance shall be provided under this part unless the
Secretary determines --
(1) that the funds required are not available from the firm's own
resources; and
(2) that there is reasonable assurance of repayment of the loan.
(b) Interest rates
(1) The rate of interest on direct loans made under this part shall
be --
(A) a rate determined by the Secretary of the Treasury taking into
consideration the current average market yield on outstanding marketable
obligations of the United States with remaining periods of maturity that
are comparable to the average maturities of such loans, adjusted to the
nearest one-eighth of 1 percent, plus
(B) an amount adequate in the judgment of the Secretary of Commerce
to cover administrative costs and probable losses under the program.
(2) The Secretary may not guarantee any loan under this part if --
(A) the rate of interest on either the portion to be guaranteed, or
the portion not to be guaranteed, is determined by the Secretary to be
excessive when compared with other loans bearing Federal guarantees and
subject to similar terms and conditions, and
(B) the interest on the loan is exempt from Federal income taxation
under section 103 of title 26.
(c) Maturity of loans
The Secretary shall make no loan or guarantee of a loan under section
2344(b)(1) of this title having a maturity in excess of 25 years or the
useful life of the fixed assets (whichever period is shorter), including
renewals and extensions; and shall make no loan or guarantee of a loan
under section 2344(b)(2) of this title having a maturity in excess of 10
years, including extensions and renewals. Such limitations on
maturities shall not, however, apply --
(1) to securities or obligations received by the Secretary as
claimant in bankruptcy or equitable reorganization, or as creditor in
other proceedings attendant upon insolvency of the obligor, or
(2) to an extension or renewal for an additional period not exceeding
10 years, if the Secretary determines that such extension or renewal is
reasonably necessary for the orderly liquidation or servicing of the
loan.
(d) Priority for small firms; servicing of loans
(1) In making guarantees of loans, and in making direct loans, the
Secretary shall give priority to firms which are small within the
meaning of the Small Business Act (15 U.S.C. 631 et seq.) (and
regulations promulgated thereunder).
(2) For any direct loan made, or any loan guaranteed, under the
authority of this part, the Secretary may enter into arrangements for
the servicing, including foreclosure, of such loans or evidences of
indebtedness on terms which are reasonable and which protect the
financial interests of the United States.
(e) Loan guarantee conditions
The following conditions apply with respect to any loan guaranteed
under this part:
(1) No guarantee may be made for an amount which exceeds 90 percent
of the outstanding balance of the unpaid principal and interest on the
loan.
(2) The loan may be evidenced by multiple obligations for the
guaranteed and nonguaranteed portions of the loan.
(3) The guarantee agreement shall be conclusive evidence of the
eligibility of any obligation guaranteed thereunder for such guarantee,
and the validity of any guarantee agreement shall be incontestable,
except for fraud or misrepresentation by the holder.
(f) Operating reserves
The Secretary shall maintain operating reserves with respect to
anticipated claims under guarantees made under this part. Such reserves
shall be considered to constitute obligations for purposes of sections
1108(c) and (d), 1501, and 1502(a) of title 31.
(g) Fees to lenders which make loan guarantees
The Secretary may charge a fee to a lender which makes a loan
guaranteed under this part in such amount as is necessary to cover the
cost of administration of such guarantee.
(h) Maximum aggregate amount of outstanding guaranteed or direct
loans
(1) The aggregate amount of loans made to any firm which are
guaranteed under this part and which are outstanding at any time shall
not exceed $3,000,000.
(2) The aggregate amount of direct loans made to any firm under this
part which are outstanding at any time shall not exceed $1,000,000.
(i) Preference for firms having employee stock ownership plans
(1) When considering whether to grant a direct loan or to guarantee a
loan to a corporation which is otherwise certified under section 2341 of
this title, the Secretary shall give preference to a corporation which
agrees with respect to such loan to fulfill the following requirements
--
(A) 25 percent of the principal amount of the loan is paid by the
lender to a qualified trust established under an employee stock
ownership plan established and maintained by the recipient corporation,
by a parent or subsidiary of such corporation, or by several
corporations including the recipient corporation,
(B) the employee stock ownership plan meets the requirements of this
subsection, and
(C) the agreement among the recipient corporation, the lender, and
the qualified trust relating to the loan meets the requirements of this
section.
(2) An employee stock ownership plan does not meet the requirements
of this subsection unless the governing instrument of the plan provides
that --
(A) the amount of the loan paid under paragraph (1)(A) to the
qualified trust will be used to purchase qualified employer securities,
(B) the qualified trust will repay to the lender the amount of such
loan, together with the interest thereon, out of amounts contributed to
the trust by the recipient corporation, and
(C) from time to time, as the qualified trust repays such amount, the
trust will allocate qualified employer securities among the individual
accounts of participants and their beneficiaries in accordance with the
provisions of paragraph (4).
(3) The agreement among the recipient corporation, the lender, and
the qualified trust does not meet the requirements of this subsection
unless --
(A) it is unconditionally enforceable by any party against the
others, jointly and severally,
(B) it provides that the liability of the qualified trust to repay
loan amounts paid to the qualified trust may not, at any time, exceed an
amount equal to the amount of contributions required under paragraph
(2)(B) which are actually received by such trust,
(C) it provides that amounts received by the recipient corporation
from the qualified trust for qualified employer securities purchased for
the purpose of this subsection will be used exclusively by the recipient
corporation for those purposes for which it may use that portion of the
loan paid directly to it by the lender,
(D) it provides that the recipient corporation may not reduce the
amount of its equity capital during the one year period beginning on the
date on which the qualified trust purchases qualified employer
securities for purposes of this subsection, and
(E) it provides that the recipient corporation will make
contributions to the qualified trust of not less than such amounts as
are necessary for such trust to meet its obligation to make repayments
of principal and interest on the amount of the loan received by the
trust without regard to whether such contributions are deductible by the
corporation under section 404 of title 26 and without regard to any
other amounts the recipient corporation is obligated under law to
contribute to or under the employee stock ownership plan.
(4) At the close of each plan year, an employee stock ownership plan
shall allocate to the accounts of participating employees that portion
of the qualified employer securities the cost of which bears
substantially the same ratio to the cost of all the qualified employer
securities purchased under paragraph (2)(A) of this subsection as the
amount of the loan principal and interest repaid by the qualified trust
during that year bears to the total amount of the loan principal and
interest payable by such trust during the term of such loan. Qualified
employer securities allocated to the individual account of a participant
during one plan year must bear substantially the same proportion to the
amount of all such securities allocated to all participants in the plan
as the amount of compensation paid to such participant bears to the
total amount of compensation paid to all such participants during that
year.
(5) For purposes of this subsection, the term --
(A) ''employee stock ownership plan'' means a plan described in
section 4975(e)(7) of title 26,
(B) ''qualified trust'' means a trust established under an employee
stock ownership plan and meeting the requirements of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.)
and section 401 of title 26,
(C) ''qualified employer securities'' means common stock issued by
the recipient corporation or by a parent or subsidiary of such
corporation with voting power and dividend rights no less favorable than
the voting power and dividend rights on other common stock issued by the
issuing corporation and with voting power being exercised by the
participants in the employee stock ownership plan after it is allocated
to their plan accounts, and
(D) ''equity capital'' means, with respect to the recipient
corporation, the sum of its money and other property (in an amount equal
to the adjusted basis of such property but disregarding adjustments made
on account of depreciation or amortization made during the period
described in paragraph (3)(D)), less the amount of its indebtedness.
(Pub. L. 93-618, title II, 255, Jan. 3, 1975, 88 Stat. 2031; Pub.
L. 97-35, title XXV, 2523, Aug. 13, 1981, 95 Stat. 891; Pub. L.
98-120, 4(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-514, 2, Oct.
22, 1986, 100 Stat. 2095.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
The Small Business Act, referred to in subsec. (d)(1), is Pub. L.
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified
generally to chapter 14A ( 631 et seq.) of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see Short Title
note set out under section 631 of Title 15 and Tables.
The Employee Retirement Income Security Act of 1974, referred to in
subsec. (i)(5)(B), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat. 832,
as amended. Title I of the Employee Retirement Income Security Act of
1974 is classified generally to subchapter I ( 1001 et seq.) of chapter
18 of Title 29, Labor. For complete classification of this Act to the
Code, see Short Title note set out under section 1001 of Title 29 and
Tables.
In subsec. (f), ''sections 1108(c) and (d), 1501, and 1502(a) of
title 31'' substituted for ''section 1311 of the Supplemental
Appropriation Act, 1955 (31 U.S.C. 200)'' on authority of Pub. L.
97-258, 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of
which enacted Title 31, Money and Finance.
1986 -- Subsecs. (b)(2)(B), (i)(3)(E), (5)(A), (B). Pub. L. 99-514
substituted ''Internal Revenue Code of 1986'' for ''Internal Revenue
Code of 1954'', which for purposes of codification was translated as
''title 26'' thus requiring no change in text.
1983 -- Subsec. (i). Pub. L. 98-120 added subsec. (i).
1981 -- Subsec. (b). Pub. L. 97-35, 2523(1), amended subsec. (b)
generally, substituting provisions limiting the maximum rate of interest
on loans guaranteed under this part on the basis of comparison with
other Federally guarantee loans for provisions limiting the maximum
interest rate on the basis of 15 U.S.C. 636(a) and inserting provisions
prohibiting the guarantee of loans if the interest is tax exempt.
Subsec. (c). Pub. L. 97-35, 2523(2), inserted references to section
2344 of this title, alternative limitation of useful life of asset, and
prohibition of guarantees in excess of 10 years in provisions preceding
par. (1) and inserted ''or servicing'' in par. (2).
Subsec. (d). Pub. L. 97-35, 2523(3), designated existing provisions
as par. (1) and added par. (2).
Subsec. (e). Pub. L. 97-35, 2523(4), substituted provisions
respecting conditions applicable to loan guarantees for provisions
relating to percentage maximum on loan guarantees which are covered in
par. (1).
Section 4(b) of Pub. L. 98-120 provided that: ''The amendment made
by subsection (a) (amending this section) shall become effective on the
date of the enactment of this Act (Oct. 12, 1983).''
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
otherwise provided with respect to applications for adjustment
assistance, see section 2529 of Pub. L. 97-35, set out as a note under
section 2343 of this title.
19 USC 2346. Delegation of functions to Small Business Administration
TITLE 19 -- CUSTOMS DUTIES
(a) Delegation of functions as to eligibility certification
In the case of any firm which is small (within the meaning of the
Small Business Act (15 U.S.C. 631 et seq.) and regulations promulgated
thereunder), the Secretary may delegate all of his functions under this
part (other than the functions under sections 2341 and 2342(d) /1/ of
this title with respect to the certification of eligibility and section
2354 of this title) to the Administrator of the Small Business
Administration.
(b) Authorization of appropriations
There are hereby authorized to be appropriated to the Secretary for
fiscal years 1988, 1989, 1990, 1991, 1992, and 1993 such sums as may be
necessary to carry out his functions under this part in connection with
furnishing adjustment assistance to firms (including, but not limited
to, the payment of principal, interest, and reasonable costs incident to
default on loans guaranteed by the Secretary under the authority of this
part), which sums are authorized to be appropriated to remain available
until expended.
(c) Transfer of unexpended appropriations
The unexpended balances of appropriations authorized by section
1912(d) /1/ of this title are transferred to the Secretary to carry out
his functions under this part.
(Pub. L. 93-618, title II, 256, Jan. 3, 1975, 88 Stat. 2032; Pub.
L. 97-35, title XXV, 2524, Aug. 13, 1981, 95 Stat. 892; Pub. L.
99-272, title XIII, 13008(b), Apr. 7, 1986, 100 Stat. 305; Pub. L.
100-418, title I, 1426(b)(2), Aug. 23, 1988, 102 Stat. 1251.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
The Small Business Act, referred to in subsec. (a), is Pub. L.
85-536, July 18, 1958, 72 Stat. 384, as amended, which is classified
generally to chapter 14A ( 631 et seq.) of Title 15, Commerce and Trade.
For complete classification of this Act to the Code, see Short Title
note set out under section 631 of Title 15 and Tables.
Section 2342(d) of this title, referred to in subsec. (a), was
redesignated section 2342(c) of this title by Pub. L. 99-272, title
XIII, 13006(a)(2), Apr. 7, 1986, 100 Stat. 304.
Section 1912 of this title, referred to in subsec. (c), was repealed
by section 602(e) of Pub. L. 93-618. See section 2341 et seq. of this
title for successor provisions.
1988 -- Subsec. (b). Pub. L. 100-418 substituted ''1988, 1989, 1990,
1991, 1992, and 1993'' for ''1986, 1987, 1988, 1989, 1990, and 1991''.
1986 -- Subsec. (b). Pub. L. 99-272 inserted ''for fiscal years
1986, 1987, 1988, 1989, 1990, and 1991'' after ''Secretary'', struck out
''from time to time'' after ''as may be necessary'', and struck out
''Direct loans and commitments to guarantee loans may be made under this
part during any fiscal year only to such extent and in such amounts as
are provided in advance in appropriations Acts.'' after ''available
until expended.''
1981 -- Subsec. (b). Pub. L. 97-35 inserted provisions relating to
payment of principal, interest, and reasonable costs, incident to
defaults on guaranteed loans and provisions relating to direct loans and
commitments to guarantee loans.
Parts 2 and 3 of this subchapter applicable as if the amendment of
this section by Pub. L. 99-272 had taken effect Dec. 18, 1985, see
section 13009(c) of Pub. L. 99-272, set out as a note under section
2291 of this title.
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
otherwise provided with respect to applications for adjustment
assistance, see section 2529 of Pub. L. 97-35, set out as a note under
section 2343 of this title.
/1/ See References in Text note below.
19 USC 2347. Administration of financial assistance
TITLE 19 -- CUSTOMS DUTIES
(a) Powers of Secretary
In making and administering guarantees and loans under section 2344
of this title, the Secretary may --
(1) require security for any such guarantee or loan, and enforce,
waive, or subordinate such security;
(2) assign or sell at public or private sale, or otherwise dispose
of, upon such terms and conditions and for such consideration as he
shall determine to be reasonable, any evidence of debt, contract, claim,
personal property, or security assigned to or held by him in connection
with such guarantees or loans, and collect, compromise, and obtain
deficiency judgments with respect to all obligations assigned to or held
by him in connection with such guarantees or loans until such time as
such obligations may be referred to the Attorney General for suit or
collection;
(3) renovate, improve, modernize, complete, insure, rent, sell, or
otherwise deal with, upon such terms and conditions and for such
consideration as he shall determine to be reasonable, any real or
personal property conveyed to or otherwise acquired by him in connection
with such guarantees or loans;
(4) acquire, hold, transfer, release, or convey any real or personal
property or any interest therein whenever deemed necessary or
appropriate, and execute all legal documents for such purposes; and
(5) exercise all such other powers and take all such other acts as
may be necessary or incidental to the carrying out of functions pursuant
to section 2344 of this title.
(b) Recordation of mortgages
Any mortgage acquired as security under subsection (a) of this
section shall be recorded under applicable State law.
(c) Availability of receipts for financing functions
All repayments of loans, payments of interest, and other receipts
arising out of transactions entered into by the Secretary pursuant to
this part, shall be available for financing functions performed under
this part, including administrative expenses in connection with such
functions.
(d) Privileged or confidential information
To the extent the Secretary deems it appropriate, and consistent with
the provisions of section 552(b)(4) and section 552b(c)(4) of title 5,
that portion of any record, material or data received by the Secretary
in connection with any application for financial assistance under this
part which contains trade secrets or commercial or financial information
regarding the operation or competitive position of any business shall be
deemed to be privileged or confidential within the meaning of those
provisions.
(e) Capital assets secured by first lien; exceptions
Direct loans made, or loans guaranteed, under this part for the
acquisition of development of real property or other capital assets
shall ordinarily be secured by a first lien on the assets to be financed
and shall be fully amortized. To the extent that the Secretary finds
that exceptions to these standards are necessary to achieve the
objectives of this part, he shall develop appropriate criteria for the
protection of the interests of the United States.
(Pub. L. 93-618, title II, 257, Jan. 3, 1975, 88 Stat. 2033; Pub.
L. 97-35, title XXV, 2525, Aug. 13, 1981, 95 Stat. 892.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1981 -- Subsecs. (d), (e). Pub. L. 97-35 added subsecs. (d) and
(e).
Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
otherwise provided with respect to applications for adjustment
assistance, see section 2529 of Pub. L. 97-35, set out as as a note
under section 2343 of this title.
Pub. L. 100-202, 101(a) (title I, 106), Dec. 22, 1987, 101 Stat.
1329, 1329-7, provided that: ''Notwithstanding any other provision of
law, including section 257(c) of the Trade Act of 1974, as amended (19
U.S.C. 2347(c)), and section 203 of the Public Works and Economic
Development Act of 1965, as amended (42 U.S.C. 3143), principal and
interest repayments from loans, proceeds from the sale of loan assets or
collateral, and other receipts arising out of transactions entered into
pursuant to title II, chapter 3 of the Trade Act of 1974 (19 U.S.C. 2341
et seq.) shall be deposited into the economic development revolving fund
established under section 203 of the Public Works and Economic
Development Act of 1965 beginning October 1, 1987: Provided, That
payments of obligations in connection with loans guaranteed under the
authority of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) or the
Public Works and Economic Development Act of 1965 (42 U.S.C. 3121 et
seq.), and any related expenses, shall be made from funds available in
the economic development revolving fund: Provided further, That
deposits to the economic development revolving fund of amounts
appropriated for, or received in connection with, activities authorized
under the Trade Act of 1974, made prior to October 1, 1987, shall be
deemed valid deposits.''
19 USC 2348. Protective provisions
TITLE 19 -- CUSTOMS DUTIES
(a) Recordkeeping
Each recipient of adjustment assistance under this part shall keep
records which fully disclose the amount and disposition by such
recipient of the proceeds, if any, of such adjustment assistance, and
which will facilitate an effective audit. The recipient shall also keep
such other records as the Secretary may prescribe.
(b) Audit and examination
The Secretary and the Comptroller General of the United States shall
have access for the purpose of audit and examination to any books,
documents, papers, and records of the recipient pertaining to adjustment
assistance under this part.
(c) Certifications
No adjustment assistance under this part shall be extended to any
firm unless the owners, partners, or officers certify to the Secretary
--
(1) the names of any attorneys, agents, and other persons engaged by
or on behalf of the firm for the purpose of expediting applications for
such adjustment assistance; and
(2) the fees paid or to be paid to any such person.
(d) Conflicts of interest
No financial assistance shall be provided to any firm under this part
unless the owners, partners, or officers shall execute an agreement
binding them and the firm for a period of 2 years after such financial
assistance is provided, to refrain from employing, tendering any office
or employment to, or retaining for professional services any person who,
on the date such assistance or any part thereof was provided, or within
1 year prior thereto, shall have served as an officer, attorney, agent,
or employee occupying a position or engaging in activities which the
Secretary shall have determined involve discretion with respect to the
provisions of such financial assistance.
(Pub. L. 93-618, title II, 258, Jan. 3, 1975, 88 Stat. 2033.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2349. Penalties
TITLE 19 -- CUSTOMS DUTIES
Whoever makes a false statement of a material fact knowing it to be
false, or knowingly fails to disclose a material fact, or whoever
willfully overvalues any security, for the purpose of influencing in any
way a determination under this part, or for the purpose of obtaining
money, property, or anything of value under this part, shall be fined
not more than $5,000 or imprisoned for not more than 2 years, or both.
(Pub. L. 93-618, title II, 259, Jan. 3, 1975, 88 Stat. 2034.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2350. Civil actions
TITLE 19 -- CUSTOMS DUTIES
In providing technical and financial assistance under this part the
Secretary may sue and be sued in any court of record of a State having
general jurisdiction or in any United States district court, and
jurisdiction is conferred upon such district court to determine such
controversies without regard to the amount in controversy; but no
attachment, injunction, garnishment, or other similar process, mesne or
final, shall be issued against him or his property. Nothing in this
section shall be construed to except the activities pursuant to sections
2343 and 2344 of this title from the application of sections 516, 547,
and 2679, of title 28.
(Pub. L. 93-618, title II, 260, Jan. 3, 1975, 88 Stat. 2034.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2351. ''Firm'' defined
TITLE 19 -- CUSTOMS DUTIES
For purposes of this part, the term ''firm'' includes an individual
proprietorship, partnership, joint venture, association, corporation
(including a development corporation), business trust, cooperative,
trustee in bankruptcy, and receiver under decree of any court. A firm,
together with any predecessor or successor firm, or any affiliated firm
controlled or substantially beneficially owned by substantially the same
persons, may be considered a single firm where necessary to prevent
unjustifiable benefits.
(Pub. L. 93-618, title II, 261, Jan. 3, 1975, 88 Stat. 2034.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2352. Regulations
TITLE 19 -- CUSTOMS DUTIES
The Secretary shall prescribe such regulations as may be necessary to
carry out the provisions of this part.
(Pub. L. 93-618, title II, 262, Jan. 3, 1975, 88 Stat. 2034.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2353. Repealed. Pub. L. 97-35, title XXV, 2526, Aug. 13,
1981, 95 Stat. 893
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 93-618, title II, 263, Jan. 3, 1975, 88 Stat.
2034, contained transitional provisions for certain events occurring
prior to the effective date of this part.
Repeal effective Aug. 13, 1981, except as otherwise provided with
respect to applications for adjustment assistance, see section 2529 of
Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note
under section 2343 of this title.
19 USC 2354. Study by Secretary of Commerce when International Trade
Commission begins investigation
TITLE 19 -- CUSTOMS DUTIES
(a) Subject matter of study
Whenever the Commission begins an investigation under section 2252 of
this title with respect to an industry, the Commission shall immediately
notify the Secretary of such investigation, and the Secretary shall
immediately begin a study of --
(1) the number of firms in the domestic industry producing the like
or directly competitive article which have been or are likely to be
certified as eligible for adjustment assistance, and
(2) the extent to which the orderly adjustment of such firms to the
import competition may be facilitated through the use of existing
programs.
(b) Report; publication
The report of the Secretary of the study under subsection (a) of this
section shall be made to the President not later than 15 days after the
day on which the Commission makes its report under section 2252(f) of
this title. Upon making its report to the President, the Secretary
shall also promptly make it public (with the exception of information
which the Secretary determines to be confidential) and shall have a
summary of it published in the Federal Register.
(c) Information to firms
Whenever the Commission makes an affirmative finding under section
2252(b) of this title that increased imports are a substantial cause of
serious injury or threat thereof with respect to an industry, the
Secretary shall make available, to the extent feasible, full information
to the firms in such industry about programs which may facilitate the
orderly adjustment to import competition of such firms, and he shall
provide assistance in the preparation and processing of petitions and
applications of such firms for program benefits.
(Pub. L. 93-618, title II, 264, Jan. 3, 1975, 88 Stat. 2035; Pub.
L. 100-418, title I, 1401(b)(1)(B), Aug. 23, 1988, 102 Stat. 1239.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1988 -- Subsec. (a). Pub. L. 100-418 substituted ''section 2252''
for ''section 2251''.
Subsec. (b). Pub. L. 100-418 substituted ''section 2252(f)'' for
''section 2251''.
Subsec. (c). Pub. L. 100-418 substituted ''section 2252(b)'' for
''section 2251(b)''.
Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and
applicable with respect to investigations initiated under part 1 ( 2251
et seq.) of this subchapter on or after that date, see section 1401(c)
of Pub. L. 100-418, set out as a note under section 2251 of this title.
19 USC 2355. Assistance to industry; authorization of appropriations
TITLE 19 -- CUSTOMS DUTIES
(a) Technical assistance
The Secretary may provide technical assistance, on such terms and
conditions as the Secretary deems appropriate, for the establishment of
industrywide programs for new product development, new process
development, export development, or other uses consistent with the
purposes of this part. Such technical assistance may be provided
through existing agencies, private individuals, firms, universities and
institutions, and by grants, contracts, or cooperative agreements to
associations, unions, or other nonprofit industry organizations in which
a substantial number of firms or workers have been certified as eligible
to apply for adjustment assistance under section 2273 or 2341 of this
title.
(b) Expenditures
Expenditures for technical assistance under this section may be up to
$10,000,000 annually per industry and shall be made under such terms and
conditions as the Secretary deems appropriate.
(Pub. L. 93-618, title II, 265, as added Pub. L. 97-35, title XXV,
2527, Aug. 13, 1981, 95 Stat. 893; amended Pub. L. 98-369, div. B,
title VI, 2673, July 18, 1984, 98 Stat. 1172.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
1984 -- Subsec. (a). Pub. L. 98-369, 2673(1), inserted ''or
workers'' after ''of firms'' and inserted reference to section 2273 of
this title.
Subsec. (b). Pub. L. 98-369, 2673(2), substituted ''$10,000,000''
for ''$2,000,000''.
Section effective Aug. 13, 1981, except as otherwise provided with
respect to applications for adjustment assistance, see section 2529 of
Pub. L. 97-35, set out as an Effective Date of 1981 Amendment note
under section 2343 of this title.
19 USC Part 4 -- Adjustment Assistance for Communities
TITLE 19 -- CUSTOMS DUTIES
This part to terminate Sept. 30, 1982, see section 285 of Pub. L.
93-618, as amended, set out as a note preceding section 2271 of this
title.
19 USC 2371. Petitions and determinations
TITLE 19 -- CUSTOMS DUTIES
(a) Filing of petition; receipt of petition; initiation of
investigation
A petition for certification of eligibility for adjustment assistance
under this part may be filed with the Secretary of Commerce (hereinafter
in this part referred to as the ''Secretary'') by a political
subdivision of a State (hereinafter in this part referred to as a
''community''), by a group of such communities, or by the Governor of a
State on behalf of such communities. Upon receipt of the petition, the
Secretary shall promptly publish notice in the Federal Register that he
has received the petition and initiated an investigation.
(b) Public hearing
If the petitioner, or any other person found by the Secretary to have
a substantial interest in the proceedings, submits not later than 10
days after the Secretary's publication of notice under subsection (a) of
this section a request for a hearing the Secretary shall provide for a
public hearing and afford such interested persons an opportunity to be
present, to produce evidence, and to be heard.
(c) Certification
The Secretary shall certify a community as eligible for adjustment
assistance under this part if he determines --
(1) that a significant number or portion of the workers in the trade
impacted area in which such community is located have become totally or
partially separated, or are threatened to become totally or partially
separated,
(2) that sales or production, or both, of firms, or subdivisions of
firms, located in the trade impacted area specified in paragraph (1)
have decreased absolutely, and
(3) that increases of imports of articles like or directly
competitive with articles produced by firms, or subdivisions of firms,
located in the trade impacted area specified in paragraph (1) or that
the transfer of firms or subdivisions of firms located in such area to
foreign countries have contributed importantly to the total or partial
separations, or threats thereof, described in paragraph (1) and to the
decline in sales or production described in paragraph (2).
For purposes of paragraph (3), the term ''contributed importantly''
means a cause which is important but not necessarily more important than
any other cause.
(d) Allowable period for determination
As soon as possible after the date on which a petition is filed under
this section, but in any event not later than 60 days after that date,
the Secretary shall determine whether the petitioning community, or
group of communities, meets the requirements of subsection (c) of this
section and shall issue a certification of eligibility for assistance
under this part covering any community located in the same trade
impacted area in which the petitioner is located which meets such
requirements.
(e) Size and boundaries of trade impacted areas; criteria
The Secretary, after consulting the Secretary of Labor, shall
establish the size and boundaries of each trade impacted area,
considering the criteria in subsection (c) of this section and, to the
extent they are relevant, the factors specified as criteria for
redevelopment areas under section 3161 of title 42.
(f) Termination of certification of eligibility
If the Secretary determines that a community requires no additional
assistance under this part, he shall terminate the certification of
eligibility of such community and promptly have notice of such
termination published in the Federal Register. Such termination shall
take effect on the termination date specified by the Secretary.
(Pub. L. 93-618, title II, 271, Jan. 3, 1975, 88 Stat. 2035.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
2643.
19 USC 2372. Trade Impacted Area Councils for Adjustment Assistance
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment
Within 60 days after a community is certified under section 2371 of
this title, the Secretary shall send his representatives to the trade
impacted area in which such community is located to inform officials of
communities and other residents of such area about benefits available to
them under this chapter and to assist such officials and residents in
establishing a Trade Impacted Area Council for Adjustment Assistance
(hereinafter in this part referred to as the ''Council'') for such area.
(b) Duty and function of Councils
(1) The Secretary shall establish, subject to the last sentence of
this paragraph, a Council for each trade impacted area in which one or
more communities are certified under section 2371 of this title. Such
Council shall --
(A) develop a proposal for an adjustment assistance plan for the
economic rejuvenation of certified communities in its trade impacted
area, and
(B) coordinate community action under the adjustment assistance plan,
as approved by the Secretary.
If an appropriate entity for purposes of performing the functions
specified in subparagraphs (A) and (B) already exists in such area, then
the Secretary may designate such entity as the Council for such area.
(2) Such Council shall include representatives of certified
communities, industry, labor, and the general public located in the
trade impacted area covered by the Council.
(c) Grants for staff
Upon application by a Council established under subsection (b) of
this section, the Secretary is authorized to make grants to such Council
for maintaining an appropriate professional and clerical staff. No
grant shall be made to a Council to maintain staff after the period
which ends 2 years after the date on which such Council is established
or designated.
(d) Applications for adjustment assistance
A Council established under this section may file an application with
the Secretary for adjustment assistance under this part. Such
application shall include the Council's proposal for an adjustment
assistance plan for the communities in its trade impacted area.
(Pub. L. 93-618, title II, 272, Jan. 3, 1975, 88 Stat. 2036.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC 2373. Program benefits
TITLE 19 -- CUSTOMS DUTIES
(a) Types of adjustment assistance
Adjustment assistance under this part consists of --
(1) all forms of assistance, other than loan guarantees, which are
provided to a redevelopment area under the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3121 et seq.), and
(2) the loan guarantee program described in subsection (d) of this
section.
(b) Approval of adjustment assistance plan
No adjustment assistance may be extended to any community or person
in a trade impacted area under this part unless the Secretary approves
the adjustment assistance plan submitted to him under section 2372(d) of
this title.
(c) Public Works and Economic Development Act of 1965
For purposes of the Public Works and Economic Development Act of 1965
(42 U.S.C. 3121 et seq.)
(1) a trade impacted area for which an adjustment assistance plan has
been approved under section 2372(d) of this title shall be treated as a
redevelopment area, except that --
(A) no loan guarantees may be made to any person under such Act; and
(B) no loan or grant may be made to any recipient in such an area
after September 30, 1980, and
(2) approval of an adjustment assistance plan submitted under section
2372(d) of this title shall be treated as approval of an overall
economic development program under section 202(b)(10) of such Act (42
U.S.C. 3142(b)(10)).
(d) Loan guarantees
The Secretary is authorized to guarantee loans for --
(1) the acquisition, construction, installation, modernization,
development, conversion, or expansion of land, plant, buildings,
equipment, facilities, or machinery, and
(2) working capital,
made to private borrowers by private lending institutions in
connection with projects in trade impacted areas subject to the same
terms and conditions to which loan guarantees are subject under section
202 of the Public Works and Economic Development Act of 1965 (42 U.S.C.
3142), including record and audit requirements and penalties, except
that --
(1) no new loan guarantee may be made under this subsection after
September 30, 1982,
(2) a loan guarantee may be made for the entire amount of the
outstanding unpaid balance of such loan, and
(3) no more than 20 percent of the amount of loan guarantees made
under this subsection by the United States may be made in one State.
(e) Agreement of State or community to pay a portion of liability
arising on loan guarantees
The Governor of the State, the authorized representative of the
community, or the Governor of the State and the authorized
representative of the community, in which an applicant for a loan
guarantee under subsection (b) of this section is located may enter into
an agreement with the Secretary which provides that such State or such
community, or that such State and such community, will pay not to exceed
one-half of the amount of any liability which arises on a loan guarantee
made under subsection (d) of this section if the State in which the
applicant for such guarantee is located has established by law a program
approved by the Secretary for the purposes of this section.
(f) Preference to corporations with employee stock ownership plan;
requisite features of plan
(1) When considering whether to guarantee a loan to a corporation
which is otherwise qualified for the purposes of subsection (d) of this
section, the Secretary shall give preference to a corporation which
agrees with respect to such loan to fulfill the following requirements
--
(A) 25 percent of the principal amount of the loan is paid by the
lender to a qualified trust established under an employee stock
ownership plan established and maintained by the recipient corporation,
by a parent or subsidiary of such corporation, or by several
corporations including the recipient corporation.
(B) the employee stock ownership plan meets the requirements of this
subsection, and
(C) the agreement among the recipient corporation, the lender, and
the qualified trust relating to the loan meets the requirements of this
section.
(2) An employee stock ownership plan does not meet the requirements
of this subsection unless the governing instrument of the plan provides
that --
(A) the amount of the loan paid under paragraph (1)(A) to the
qualified trust will be used to purchase qualified employer securities,
(B) the qualified trust will repay to the lender the amount of such
loan, together with the interest thereon, out of amounts contributed to
the trust by the recipient corporation, and
(C) from time to time, as the qualified trust repays such amount, the
trust will allocate qualified employer securities among the individual
accounts of participants and their beneficiaries in accordance with the
provisions of paragraph (4).
(3) The agreement among the recipient corporation, the lender, and
the qualified trust does not meet the requirements of this subsection
unless --
(A) it is unconditionally enforceable by any party against the
others, jointly and severally,
(B) it provides that the liability of the qualified trust to repay
loan amounts paid to the qualified trust may not, at any time, exceed an
amount equal to the amount of contributions required under paragraph
(2)(B) which are actually received by such trust,
(C) it provides that amounts received by the recipient corporation
from the qualified trust for qualified employer securities purchased for
the purpose of this subsection will be used exclusively by the recipient
corporation for those purposes for which it may use that portion of the
loan paid directly to it by the lender,
(D) it provides that the recipient corporation may not reduce the
amount of its equity capital during the one year period beginning on the
date on which the qualified trust purchases qualified employer
securities for purposes of this subsection, and
(E) it provides that the recipient corporation will make
contributions to the qualified trust of not less than such amounts as
are necessary for such trust to meet its obligation to make repayments
of principal and interest on the amount of the loan received by the
trust without regard to whether such contributions are deductible by the
corporation under section 404 of title 26 and with out regard to any
other amounts the recipient corporation is obligated under law to
contribute to or under the employee stock ownership plan.
(4) At the close of each plan year, an employee stock ownership plan
shall allocate to the accounts of participating employees that portion
of the qualified employer securities the cost of which bears
substantially the same ratio to the cost of all the qualified employer
securities purchased under paragraph (2)(A) of this subsection as the
amount of the loan principal and interest repaid by the qualified trust
during that year bears to the total amount of the loan principal and
interest payable by such trust during the term of such loan. Qualified
employer securities allocated to the individual account of a participant
during one plan year must bear substantially the same proportion to the
amount of all such securities allocated to all participants in the plan
as the amount of compensation paid to such participant bears to the
total amount of compensation paid to all such participants during that
year.
(5) For purposes of this subsection, the term --
(A) ''employee stock ownership plan'' means a plan described in
section 407(d)(6) of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1107(d)(6)), section 4975(e)(7) of title 26, and in section
702(5) /1/ of title 45 which meets the requirements of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.)
and of part I of subchapter D of chapter 1 of title 26,
(B) ''qualified trust'' means a trust established under an employee
stock ownership plan and meeting the requirements of title I of the
Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.)
and of part I of subchapter D of chapter 1 of title 26,
(C) ''qualified employer securities'' means common stock issued by
the recipient corporation or by a parent or subsidiary of such
corporation with voting power and dividend rights no less favorable than
the voting power and dividend rights on other common stock issued by the
issuing corporation and with voting power being exercised by the
participants in the employee stock ownership plan after it is allocated
to their plan accounts, and
(D) ''equity capital'' means, with respect to the recipient
corporation, the sum of its money and other property (in an amount equal
to the adjusted basis of such property but disregarding adjustments made
on account of depreciation or amortization made during the period
described in paragraph (3)(D)), less the amount of its indebtedness.
(g) Maximum United States share of loan guarantees
The United States share of loan guarantees made under subsection (d)
of this section on loans which are outstanding at any time may not
exceed $500,000,000.
(Pub. L. 93-618, title II, 273, Jan. 3, 1975, 88 Stat. 2037; Pub.
L. 99-514, 2, Oct. 22, 1986, 100 Stat. 2095.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
The Public Works and Economic Development Act of 1965, referred to in
subsecs. (a) and (c), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.
552, as amended, which is classified generally to chapter 38 ( 3121 et
seq.) of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 3121 of Title 42 and Tables.
The Employee Retirement Income Security Act of 1974, referred to in
subsec. (f)(5)(A), (B), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat.
832, as amended. Title I of the Employee Retirement Income Security Act
of 1974 is classified generally to subchapter 1 ( 1001 et seq.) of
chapter 18 of Title 29, Labor. For complete classification of this Act
to the Code, see Short Title note set out under section 1001 of Title 29
and Tables.
Section 702(5) of title 45, referred to in subsec. (f)(5)(A), was
redesignated section 702(7) of title 45 by Pub. L. 97-35, title XI,
1135(b), Aug. 13, 1981, 95 Stat. 646.
1986 -- Subsec. (f)(3)(E), (5)(A). Pub. L. 99-514 substituted
''Internal Revenue Code of 1986'' for ''Internal Revenue Code of 1954'',
which for purposes of codification was translated as ''title 26'' thus
requiring no change in text.
/1/ See References in Text note below.
19 USC 2374. Community Adjustment Assistance Fund
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment
There is established on the books of the Treasury of the United
States a revolving fund to be known as the Community Adjustment
Assistance Fund. The fund shall consist of such amounts as may be
deposited in it pursuant to the authorization in subsection (b) of this
section and any collections, repayments of loans, or other receipts
received under the program established in section 2373(a) of this title.
Amounts in the fund may be used only to carry out the provisions of
sections 2372 and 2373(b) of this title, including administrative costs.
Amounts appropriated to the fund shall be available to the Secretary
without fiscal year limitation. Upon liquidation of all remaining
obligations, any balances remaining in the fund after September 30,
1980, shall be transferred to the general fund of the Treasury.
(b) Authorization of appropriations
There are authorized to be appropriated to the Community Adjustment
Assistance Fund, for the purpose of carrying out the provisions of
sections 2372 and 2373(a) of this title, $100,000,000 for the fiscal
year ending June 30, 1975, and such sums as may be necessary for the
succeeding 7 fiscal years.
(c) Authorization for loan guarantees
There are authorized to be appropriated to the Secretary such sums as
may be necessary for carrying out the loan guarantee program under
section 2373(d) of this title.
(Pub. L. 93-618, title II, 274, Jan. 3, 1975, 88 Stat. 2040.)
For termination of section by section 285 of Pub. L. 93-618, see
Termination Date note set out preceding section 2271 of this title.
19 USC Part 5 -- Miscellaneous Provisions
TITLE 19 -- CUSTOMS DUTIES
19 USC 2391. General Accounting Office study and report
TITLE 19 -- CUSTOMS DUTIES
(a) Adjustment assistance programs
The Comptroller General of the United States shall conduct a study of
the adjustment assistance programs established under parts 2, 3, and 4
of this subchapter and shall report the results of such study to the
Congress no later than January 31, 1980. Such report shall include an
evaluation of --
(1) the effectiveness of such programs in aiding workers, firms, and
communities to adjust to changed economic conditions resulting from
changes in the patterns of international trade; and
(2) the coordination of the administration of such programs and other
Government programs which provide unemployment compensation and relief
to depressed areas.
(b) Assistance from Labor and Commerce Departments
In carrying out his responsibilities under this section, the
Comptroller General shall, to the extent practical, avail himself of the
assistance of the Departments of Labor and Commerce. The Secretaries of
Labor and Commerce shall make available to the Comptroller General any
assistance necessary for an effective evaluation of the adjustment
assistance programs established under this subchapter.
(Pub. L. 93-618, title II, 280, Jan. 3, 1975, 88 Stat. 2040.)
19 USC 2392. Adjustment Assistance Coordinating Committee
TITLE 19 -- CUSTOMS DUTIES
There is established the Adjustment Assistance Coordinating Committee
to consist of a Deputy United States Trade Representative as Chairman,
and the officials charged with adjustment assistance responsibilities of
the Departments of Labor and Commerce and the Small Business
Administration. It shall be the function of the Committee to coordinate
the adjustment assistance policies, studies, and programs of the various
agencies involved and to promote the efficient and effective delivery of
adjustment assistance benefits.
(Pub. L. 93-618, title II, 281, Jan. 3, 1975, 88 Stat. 2040; 1979
Reorg. Plan No. 3, 1(c), eff. Jan. 2, 1980, 44 F.R. 69274, 93 Stat.
1381.)
''Deputy United States Trade Representative'' substituted in text for
''Deputy Special Trade Representative'', meaning Deputy Special
Representative for Trade Negotiations, pursuant to Reorg. Plan No. 3
of 1979, 1(c), 44 F.R. 69274, 93 Stat. 1381, eff. Jan. 2, 1980, as
provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 993, set out as notes under section 2171 of this title. See, also,
section 2171 of this title as amended by Pub. L. 97-456.
19 USC 2393. Trade monitoring system
TITLE 19 -- CUSTOMS DUTIES
The Secretary of Commerce and the Secretary of Labor shall establish
and maintain a program to monitor imports of articles into the United
States which will reflect changes in the volume of such imports, the
relation of such imports to changes in domestic production, changes in
employment within domestic industries producing articles like or
directly competitive with such imports, and the extent to which such
changes in production and employment are concentrated in specific
geographic regions of the United States. A summary of the information
gathered under this section shall be published regularly and provided to
the Adjustment Assistance Coordinating Committee, the International
Trade Commission, and to the Congress.
(Pub. L. 93-618, title II, 282, Jan. 3, 1975, 88 Stat. 2040.)
19 USC 2394. Firms relocating in foreign countries
TITLE 19 -- CUSTOMS DUTIES
Before moving productive facilities from the United States to a
foreign country, every firm should --
(1) provide notice of the move to its employees who are likely to be
totally or partially separated as a result of the move at least 60 days
before the date of such move, and
(2) provide notice of the move to the Secretary of Labor and the
Secretary of Commerce on the same day it notifies employees under
paragraph (1).
(b) /1/ It is the sense of the Congress that every such firm should
--
(1) apply for and use all adjustment assistance for which it is
eligible under this subchapter,
(2) offer employment opportunities in the United States, if any
exist, to its employees who are totally or partially separated workers
as a result of the move, and
(3) assist in relocating employees to other locations in the United
States where employment opportunities exist.
(Pub. L. 93-618, title II, 283, Jan. 3, 1975, 88 Stat. 2041.)
/1/ So in original. The first paragraph was not designated subsec.
(a).
19 USC 2395. Judicial review
TITLE 19 -- CUSTOMS DUTIES
(a) Petition for review; time and place of filing
A worker, group of workers, certified or recognized union, or
authorized representative of such worker or group aggrieved by a final
determination of the Secretary of Labor under section 2273 of this
title, a firm or its representative or any other interested domestic
party aggrieved by a final determination of the Secretary of Commerce
under section 2341 of this title, or a community or any other interested
domestic party aggrieved by a final determination of the Secretary of
Commerce under section 2371 of this title may, within sixty days after
notice of such determination commence a civil action in the United
States Court of International Trade for review of such determination.
The clerk of such court shall send a copy of the summons and the
complaint in such action to the Secretary of Labor or the Secretary of
Commerce, as the case may be. Upon receiving a copy of such summons and
complaint, such Secretary shall promptly certify and file in such court
the record on which he based such determination.
(b) Findings of fact by Secretary; conclusiveness; new or modified
findings
The findings of fact by the Secretary of Labor or the Secretary of
Commerce, as the case may be, if supported by substantial evidence,
shall be conclusive; but the court, for good cause shown, may remand
the case to such Secretary to take further evidence, and such Secretary
may thereupon make new or modified findings of fact and may modify his
previous action, and shall certify to the court the record of the
further proceedings. Such new or modified findings of fact shall
likewise be conclusive if supported by substantial evidence.
(c) Determination; review by Supreme Court
The Court of International Trade shall have jurisdiction to affirm
the action of the Secretary of Labor or the Secretary of Commerce, as
the case may be, or to set such action aside, in whole or in part. The
judgment of the Court of International Trade shall be subject to review
by the United States Court of Appeals for the Federal Circuit as
prescribed by the rules of such court. The judgment of the Court of
Appeals for the Federal Circuit shall be subject to review by the
Supreme Court of the United States upon certiorari as provided in
section 1256 /1/ of title 28.
(Pub. L. 93-618, title II, 284, as added Pub. L. 96-417, title VI,
613(a), Oct. 10, 1980, 94 Stat. 1746; amended Apr. 2, 1982, Pub. L.
97-164, title I, 163(a)(5), 96 Stat. 49.)
Section 1256 of title 28, referred to in subsec. (c), was repealed
by Pub. L. 97-164, title I, 123, Apr. 2, 1982, 96 Stat. 36.
1982 -- Subsec. (c). Pub. L. 97-164 substituted ''Court of Appeals
for the Federal Circuit'' for ''Court of Customs and Patent Appeals''.
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Section applicable with respect to civil actions commenced on or
after Nov. 1, 1980, see section 701(b)(3) of Pub. L. 96-417 set out as
an Effective Date of 1980 Amendment note under section 251 of Title 28,
Judiciary and Judicial Procedure.
/1/ See References in Text note below.
19 USC 2396. Omitted
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 93-618, title II, 286, as added Pub. L. 100-418,
title I, 1427(a), Aug. 23, 1988, 102 Stat. 1251, which established
the Trade Adjustment Assistance Trust Fund, did not become effective
pursuant to section 1430(c) of Pub. L. 100-418, as amended, set out as
an Effective Date note under section 2397 of this title.
19 USC 2397. Omitted
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 93-618, title II, 287, as added Pub. L. 100-418,
title I, 1428(b), Aug. 23, 1988, 102 Stat. 1255, which imposed an
additional fee, did not become effective pursuant to section 1430(b) of
Pub. L. 100-418, as amended, set out below.
Section 1430 of Pub. L. 100-418, as amended by Pub. L. 100-647,
title IX, 9001(a)(21), Nov. 10, 1988, 102 Stat. 3808, provided that:
''(a) In General. -- Except as otherwise provided by this section,
the amendments made by this part (part 3 ( 1421-1430) of subtitle D of
title I of Pub. L. 100-418, enacting this section and sections 2318 and
2396 of this title, amending sections 2272, 2275, 2291 to 2293, 2295,
2296, 2311, 2317, 2341, and 2346 of this title, and amending provisions
set out as a note preceding section 2271 of this title) shall take
effect on the date of enactment of this Act (Aug. 23, 1988).
''(b) Additional Fee. --
''(1) Except as otherwise provided in this subsection, the amendment
made by section 1428(b) (enacting this section) shall apply (if at all)
to any article entered, or withdrawn from warehouse for consumption,
after the date that is 30 days after the earlier of --
''(A) the date on which the President submits to the Congress the
written statement described in section 1428(a)(3)(A) (set out as a note
below),
''(B) the date that is 2 years after the date of enactment of this
Act (Aug. 23, 1988), or
''(C) the date of the enactment of a disapproval resolution that
passes both Houses of the Congress within the 90-day period beginning on
the date that is 2 years after the date of enactment of this Act.
''(2) If the President determines on the date that is 2 years after
the date of enactment of this Act that the fee imposed by the amendment
made by section 1428(b) is not in the national economic interest,
subparagraph (B) of paragraph (1) shall not be taken into account in
applying the provisions of paragraph (1). (See Determination of
President of the United States, No. 90-34, set out below.)
''(3) The amendment made by section 1428(b) shall apply (if at all)
to the products of any foreign country described in section
1428(a)(1)(B) (set out as a note below) that are entered, or withdrawn
from warehouse for consumption, after the later of --
''(A) the first date on which the fee imposed by such amendment
applies with respect to products of foreign countries that are not
described in section 1428(a)(1)(B), or
''(B) the date on which the President submits to the Congress the
written statement described in section 1428(a)(3)(B) (set out as a note
below) certifying the consent of such foreign country to the imposition
of the fee.
''(c) Trust Fund. -- The amendments made by section 1427 (enacting
section 2396 of this title) shall take effect on the first date on which
the amendment made by section 1428(b) (enacting this section) applies
with respect to any articles.
''(d) Eligibility of Workers and Firms. -- The amendments made by
sections 1421(b) and 1424(b) (amending sections 2272, 2296, and 2341 of
this title) shall take effect on the date that is 1 year after the first
date on which the amendment made by section 1428(b) (enacting this
section) applies with respect to any articles.
''(e) Notification Requirements. -- The amendments made by section
1422 (amending section 2275 of this title) shall take effect on the date
that is 30 days after the date of enactment of this Act (Aug. 23, 1988).
''(f) Training Requirement. -- The amendments made by subsections
(a), (b)(2), and (c)(2) of section 1423 and by paragraphs (2) and (3) of
section 1424(c) (amending sections 2291 to 2293, 2296, and 2311 of this
title) shall take effect on the date that is 90 days after the date of
enactment of this Act (Aug. 23, 1988).
''(g) Limitation on Period for Which Trade Readjustment Allowances
May Be Made. -- The amendment made by section 1425(a) (amending section
2293 of this title) shall not apply with respect to any total separation
of a worker from adversely affected employment (within the meaning of
section 247 of such Act (19 U.S.C. 2319)) that occurs before the date of
enactment of this Act (Aug. 23, 1988) if the application of such
amendment with respect to such total separation would reduce the period
for which such worker would (but for such amendment) be allowed to
receive trade readjustment allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974 (19 U.S.C. 2291 to
2294).''
Section 1428(a) of Pub. L. 100-418 provided that:
''(1) The President shall --
''(A) undertake negotiations necessary to achieve changes in the
General Agreement on Tariffs and Trade that would allow any country to
impose a small uniform fee of not more than 0.15 percent on all imports
to such country for the purpose of using the revenue from such fee to
fund programs which directly assist adjustment to import competition,
and
''(B) undertake negotiations with any foreign country that has
entered into a free trade agreement with the United States under
subtitle A ( 1101 to 1125, of title I of Pub. L. 100-418, see Tables
for classification) or under section 102 of the Trade Act of 1974 (19
U.S.C. 2112) to obtain the consent of such country to the imposition of
such a fee by the United States.
''(2) In the report that is submitted under section 163 of the Trade
Act of 1974 (19 U.S.C. 2213) for 1989 and 1990, the President shall
include a statement on the progress of negotiations conducted under
paragraph (1).
''(3)(A) On the first day after the date of enactment of this Act
(Aug. 23, 1988) on which the General Agreement on Tariffs and Trade
allows any country to impose a fee described in paragraph (1), the
President shall submit to the Congress, and publish in the Federal
Register, a written statement certifying such allowance.
''(B) On the first day after the date of enactment of this Act on
which any foreign country described in paragraph (1)(B) consents to the
imposition of such a fee by the United States, the President shall
submit to the Congress, and publish in the Federal Register, a written
statement certifying such consent.
''(4) If --
''(A) the President does not submit to the Congress the written
statement described in paragraph (3)(A) before the date that is 2 years
after the date of enactment of this Act (Aug. 23, 1988), and
''(B) the President determines on such date that the fee imposed by
the amendment made by subsection (b) (enacting this section) is not in
the national economic interest,
the President shall submit to the Congress, and publish in the
Federal Register, written notice of such determination on such date.
(See Determination of President of the United States, No. 90-34, set out
below.)
''(5)(A) Any disapproval resolution that is introduced in the Senate
or House of Representatives within the 90-day period beginning on the
date that is 2 years after the date of enactment of this Act (Aug. 23,
1988) shall, for purposes of section 152 of the Trade Act of 1974 (19
U.S.C. 2192), be treated as a joint resolution described in section
152(a)(1)(A) of such Act.
''(B) For purposes of this part (see Effective Date note above), the
term 'disapproval resolution' means a joint resolution of the two Houses
of the Congress, the matter after the resolving clause of which is as
follows: 'That the Congress disapproves of the determination made by
the President under section 1428(a)(4)(A) of the Omnibus Trade and
Competitiveness Act of 1988 (subsec. (a)(4)(A) of this note).'''
Determination of President of the United States, No. 90-34, Aug.
23, 1990, 55 F.R. 34889, provided:
Pursuant to section 1428(a)(4)(B) of the Omnibus Trade and
Competitiveness Act of 1988 (Pub. L. 100-418, set out above), I
determine that it is not in the national economic interest to impose the
fee described under subsection (b) of that section (enacting this
section).
I hereby authorize and direct the United States Trade Representative
to submit to the Congress and publish in the Federal Register written
notice of this determination.
George Bush.
19 USC SUBCHAPTER III -- ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES
TITLE 19 -- CUSTOMS DUTIES
19 USC 2411. Actions by United States Trade Representative
TITLE 19 -- CUSTOMS DUTIES
(a) Mandatory action
(1) If the United States Trade Representative determines under
section 2414(a)(1) of this title that --
(A) the rights of the United States under any trade agreement are
being denied; or
(B) an act, policy, or practice of a foreign country --
(i) violates, or is inconsistent with, the provisions of, or
otherwise denies benefits to the United States under, any trade
agreement, or
(ii) is unjustifiable and burdens or restricts United States
commerce;
the Trade Representative shall take action authorized in subsection
(c) of this section, subject to the specific direction, if any, of the
President regarding any such action, and shall take all other
appropriate and feasible action within the power of the President that
the President may direct the Trade Representative to take under this
subsection, to enforce such rights or to obtain the elimination of such
act, policy, or practice.
(2) The Trade Representative is not required to take action under
paragraph (1) in any case in which --
(A) the Contracting Parties to the General Agreement on Tariffs and
Trade have determined, a panel of experts has reported to the
Contracting Parties, or a ruling issued under the formal dispute
settlement proceeding provided under any other trade agreement finds,
that --
(i) the rights of the United States under a trade agreement are not
being denied, or
(ii) the act, policy, or practice --
(I) is not a violation of, or inconsistent with, the rights of the
United States, or
(II) does not deny, nullify, or impair benefits to the United States
under any trade agreement; or
(B) the Trade Representative finds that --
(i) the foreign country is taking satisfactory measures to grant the
rights of the United States under a trade agreement,
(ii) the foreign country has --
(I) agreed to eliminate or phase out the act, policy, or practice, or
(II) agreed to an imminent solution to the burden or restriction on
United States commerce that is satisfactory to the Trade Representative,
(iii) it is impossible for the foreign country to achieve the results
described in clause (i) or (ii), as appropriate, but the foreign country
agrees to provide to the United States compensatory trade benefits that
are satisfactory to the Trade Representative,
(iv) in extraordinary cases, where the taking of action under this
subsection would have an adverse impact on the United States economy
substantially out of proportion to the benefits of such action, taking
into account the impact of not taking such action on the credibility of
the provisions of this subchapter, or
(v) the taking of action under this subsection would cause serious
harm to the national security of the United States.
(3) Any action taken under paragraph (1) to eliminate an act, policy,
or practice shall be devised so as to affect goods or services of the
foreign country in an amount that is equivalent in value to the burden
or restriction being imposed by that country on United States commerce.
(b) Discretionary action
If the Trade Representative determines under section 2414(a)(1) of
this title that --
(1) an act, policy, or practice of a foreign country is unreasonable
or discriminatory and burdens or restricts United States commerce, and
(2) action by the United States is appropriate, the Trade
Representative shall take all appropriate and feasible action authorized
under subsection (c) of this section, subject to the specific direction,
if any, of the President regarding any such action, and all other
appropriate and feasible action within the power of the President that
the President may direct the Trade Representative to take under this
subsection, to obtain the elimination of that act, policy, or practice.
(c) Scope of authority
(1) For purposes of carrying out the provisions of subsection (a) or
(b) of this section, the Trade Representative is authorized to --
(A) suspend, withdraw, or prevent the application of, benefits of
trade agreement concessions to carry out a trade agreement with the
foreign country referred to in such subsection;
(B) impose duties or other import restrictions on the goods of, and,
notwithstanding any other provision of law, fees or restrictions on the
services of, such foreign country for such time as the Trade
Representative determines appropriate; or
(C) enter into binding agreements with such foreign country that
commit such foreign country to --
(i) eliminate, or phase out, the act, policy, or practice that is the
subject of the action to be taken under subsection (a) or (b) of this
section,
(ii) eliminate any burden or restriction on United States commerce
resulting from such act, policy, or practice, or
(iii) provide the United States with compensatory trade benefits that
--
(I) are satisfactory to the Trade Representative, and
(II) meet the requirements of paragraph (4).
(2)(A) Notwithstanding any other provision of law governing any
service sector access authorization, and in addition to the authority
conferred in paragraph (1), the Trade Representative may, for purposes
of carrying out the provisions of subsection (a) or (b) of this section
--
(i) restrict, in the manner and to the extent the Trade
Representative determines appropriate, the terms and conditions of any
such authorization, or
(ii) deny the issuance of any such authorization.
(B) Actions described in subparagraph (A) may only be taken under
this section with respect to service sector access authorizations
granted, or applications therefor pending, on or after the date on which
--
(i) a petition is filed under section 2412(a) of this title, or
(ii) a determination to initiate an investigation is made by the
Trade Representative under section 2412(b) of this title.
(C) Before the Trade Representative takes any action under this
section involving the imposition of fees or other restrictions on the
services of a foreign country, the Trade Representative shall, if the
services involved are subject to regulation by any agency of the Federal
Government or of any State, consult, as appropriate, with the head of
the agency concerned.
(3) The actions the Trade Representative is authorized to take under
subsection (a) or (b) of this section may be taken against any goods or
economic sector --
(A) on a nondiscriminatory basis or solely against the foreign
country described in such subsection, and
(B) without regard to whether or not such goods or economic sector
were involved in the act, policy, or practice that is the subject of
such action.
(4) Any trade agreement described in paragraph (1)(C)(iii) shall
provide compensatory trade benefits that benefit the economic sector
which includes the domestic industry that would benefit from the
elimination of the act, policy, or practice that is the subject of the
action to be taken under subsection (a) or (b) of this section, or
benefit the economic sector as closely related as possible to such
economic sector, unless --
(A) the provision of such trade benefits is not feasible, or
(B) trade benefits that benefit any other economic sector would be
more satisfactory than such trade benefits.
(5) In taking actions under subsection (a) or (b) of this section,
the Trade Representative shall --
(A) give preference to the imposition of duties over the imposition
of other import restrictions, and
(B) if an import restriction other than a duty is imposed, consider
substituting, on an incremental basis, an equivalent duty for such other
import restriction.
(6) Any action taken by the Trade Representative under this section
with respect to export targeting shall, to the extent possible, reflect
the full benefit level of the export targeting to the beneficiary over
the period during which the action taken has an effect.
(d) Definitions and special rules
For purposes of this subchapter --
(1) The term ''commerce'' includes, but is not limited to --
(A) services (including transfers of information) associated with
international trade, whether or not such services are related to
specific goods, and
(B) foreign direct investment by United States persons with
implications for trade in goods or services.
(2) An act, policy, or practice of a foreign country that burdens or
restricts United States commerce may include the provision, directly or
indirectly, by that foreign country of subsidies for the construction of
vessels used in the commercial transportation by water of goods between
foreign countries and the United States.
(3)(A) An act, policy, or practice is unreasonable if the act,
policy, or practice, while not necessarily in violation of, or
inconsistent with, the international legal rights of the United States,
is otherwise unfair and inequitable.
(B) Acts, policies, and practices that are unreasonable include, but
are not limited to, any act, policy, or practice, or any combination of
acts, policies, or practices, which --
(i) denies fair and equitable --
(I) opportunities for the establishment of an enterprise,
(II) provision of adequate and effective protection of intellectual
property rights, or
(III) market opportunities, including the toleration by a foreign
government of systematic anticompetitive activities by private firms or
among private firms in the foreign country that have the effect of
restricting, on a basis that is inconsistent with commercial
considerations, access of United States goods to purchasing by such
firms,
(ii) constitutes export targeting, or
(iii) constitutes a persistent pattern of conduct that --
(I) denies workers the right of association,
(II) denies workers the right to organize and bargain collectively,
(III) permits any form of forced or compulsory labor,
(IV) fails to provide a minimum age for the employment of children,
or
(V) fails to provide standards for minimum wages, hours of work, and
occupational safety and health of workers.
(C)(i) Acts, policies, and practices of a foreign country described
in subparagraph (B)(iii) shall not be treated as being unreasonable if
the Trade Representative determines that --
(I) the foreign country has taken, or is taking, actions that
demonstrate a significant and tangible overall advancement in providing
throughout the foreign country (including any designated zone within the
foreign country) the rights and other standards described in the
subclauses of subparagraph (B)(iii), or
(II) such acts, policies, and practices are not inconsistent with the
level of economic development of the foreign country.
(ii) The Trade Representative shall publish in the Federal Register
any determination made under clause (i), together with a description of
the facts on which such determination is based.
(D) For purposes of determining whether any act, policy, or practice
is unreasonable, reciprocal opportunities in the United States for
foreign nationals and firms shall be taken into account, to the extent
appropriate.
(E) The term ''export targeting'' means any government plan or scheme
consisting of a combination of coordinated actions (whether carried out
severally or jointly) that are bestowed on a specific enterprise,
industry, or group thereof, the effect of which is to assist the
enterprise, industry, or group to become more competitive in the export
of a class or kind of merchandise.
(4)(A) An act, policy, or practice is unjustifiable if the act,
policy, or practice is in violation of, or inconsistent with, the
international legal rights of the United States.
(B) Acts, policies, and practices that are unjustifiable include, but
are not limited to, any act, policy, or practice described in
subparagraph (A) which denies national or most-favored-nation treatment
or the right of establishment or protection of intellectual property
rights.
(5) Acts, policies, and practices that are discriminatory include,
when appropriate, any act, policy, and practice which denies national or
most-favored-nation treatment to United States goods, services, or
investment.
(6) The term ''service sector access authorization'' means any
license, permit, order, or other authorization, issued under the
authority of Federal law, that permits a foreign supplier of services
access to the United States market in a service sector concerned.
(7) The term ''foreign country'' includes any foreign
instrumentality. Any possession or territory of a foreign country that
is administered separately for customs purposes shall be treated as a
separate foreign country.
(8) The term ''Trade Representative'' means the United States Trade
Representative.
(9) The term ''interested persons'', only for purposes of sections
2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2), and 2417(a)(2) of this title,
includes, but is not limited to, domestic firms and workers,
representatives of consumer interests, United States product exporters,
and any industrial user of any goods or services that may be affected by
actions taken under subsection (a) or (b) of this section.
(Pub. L. 93-618, title III, 301, as added Pub. L. 96-39, title IX,
901, July 26, 1979, 93 Stat. 295; amended Pub. L. 98-573, title III,
304(a)-(c), (f), Oct. 30, 1984, 98 Stat. 3002, 3005; Pub. L. 100-418,
title I, 1301(a), Aug. 23, 1988, 102 Stat. 1164.)
A prior section 301 of Pub. L. 93-618, title III, Jan. 3, 1975, 88
Stat. 2041, which related to Presidential responses to foreign import
restrictions and export subsidies and which was classified to this
section, was omitted in the general revision of title III of Pub. L.
93-618 by Pub. L. 96-39, title IX, 901, July 26, 1979, 93 Stat. 295.
1988 -- Pub. L. 100-418 amended section generally, substituting
provisions relating to actions by United States Trade Representative for
provisions relating to determinations and action by President.
1984 -- Subsec. (a). Pub. L. 98-573, 304(a), amended subsec. (a)
generally, which prior to amendment provided that if the President
determines that action by the United States is appropriate (1) to
enforce the rights of the United States under any trade agreement; or
(2) to respond to any act, policy, or practice of a foreign country or
instrumentality that (A) is inconsistent with the provisions of, or
otherwise denies benefits to the United States under, any trade
agreement, or (B) is unjustifiable, unreasonable, or discriminatory and
burdens or restricts United States commerce; the President shall take
all appropriate and feasible action within his power to enforce such
rights or to obtain the elimination of such act, policy, or practice and
that action under this section may be taken on a nondiscriminatory basis
or solely against the products or services of the foreign country or
instrumentality involved.
Subsec. (b)(1). Pub. L. 98-573, 304(b)(1), struck out ''and'' at
end.
Subsec. (b)(2). Pub. L. 98-573, 304(b)(2), (3), inserted '',
notwithstanding any other provision of law,'' and substituted ''goods''
for ''products''.
Subsecs. (c), (d). Pub. L. 98-573, 304(c), added subsec. (c) and
redesignated existing subsecs. (c) and (d) as (d) and (e),
respectively.
Subsec. (e). Pub. L. 98-573, 304(c), (f), redesignated subsec. (d)
as (e), inserted ''For purposes of this section -- '' before par. (1),
in par. (1) substituted provisions defining ''commerce'' as including,
but not limited to services (including transfers of information)
associated with international trade, whether or not such services are
related to specific goods, and foreign direct investment by United
States persons with implications for trade in goods or services for
provision defining ''commerce'' as including, but not limited to,
services associated with international trade, whether or not such
services are related to specific products, and added pars. (3) to (6).
Section 1301(c) of Pub. L. 100-418 provided that: ''The amendments
made by this section (enacting sections 2417 to 2419 of this title and
amending sections 2411 to 2416 of this title) shall apply to --
''(1) petitions filed, and investigations initiated, under section
302 of the Trade Act of 1974 (19 U.S.C. 2412) on or after the date of
the enactment of this Act (Aug. 23, 1988); and
''(2) petitions filed, and investigations initiated, before the date
of enactment of this Act, if by that date no decision had been made
under section 304 (19 U.S.C. 2414) regarding the petition or
investigation.''
Section 903 of Pub. L. 96-39 provided that: ''The amendments made
by sections 901 and 902 (enacting this subchapter and amending sections
1872, 2192, and 2194 of this title) shall take effect on the date of the
enactment of this Act (July 26, 1979). Any petition for review filed
with the Special Representative for Trade Negotiations under section 301
of the Trade Act of 1974 (as in effect on the day before such date of
enactment) (former section 2411 of this title) and pending on such date
of enactment shall be treated as an investigation initiated on such date
of enactment under section 302(b)(2) of the Trade Act of 1974 (as added
by section 901 of this Act) (section 2412(b)(2) of this title) and any
information developed by, or submitted to, the Special Representative
before such date of enactment under the review shall be treated as part
of the information developed during such investigation.''
5623.
19 USC 2412. Initiation of investigations
TITLE 19 -- CUSTOMS DUTIES
(a) Petitions
(1) Any interested person may file a petition with the Trade
Representative requesting that action be taken under section 2411 of
this title and setting forth the allegations in support of the request.
(2) The Trade Representative shall review the allegations in any
petition filed under paragraph (1) and, not later than 45 days after the
date on which the Trade Representative received the petition, shall
determine whether to initiate an investigation.
(3) If the Trade Representative determines not to initiate an
investigation with respect to a petition, the Trade Representative shall
inform the petitioner of the reasons therefor and shall publish notice
of the determination, together with a summary of such reasons, in the
Federal Register.
(4) If the Trade Representative makes an affirmative determination
under paragraph (2) with respect to a petition, the Trade Representative
shall initiate an investigation regarding the issues raised in the
petition. The Trade Representative shall publish a summary of the
petition in the Federal Register and shall, as soon as possible, provide
opportunity for the presentation of views concerning the issues,
including a public hearing --
(A) within the 30-day period beginning on the date of the affirmative
determination (or on a date after such period if agreed to by the
petitioner) if a public hearing within such period is requested in the
petition, or
(B) at such other time if a timely request therefor is made by the
petitioner or by any interested person.
(b) Initiation of investigation by means other than petition
(1)(A) If the Trade Representative determines that an investigation
should be initiated under this subchapter with respect to any matter in
order to determine whether the matter is actionable under section 2411
of this title, the Trade Representative shall publish such determination
in the Federal Register and shall initiate such investigation.
(B) The Trade Representative shall, before making any determination
under subparagraph (A), consult with appropriate committees established
pursuant to section 2155 of this title.
(2)(A) By no later than the date that is 30 days after the date on
which a country is identified under section 2242(a)(2) of this title,
the Trade Representative shall initiate an investigation under this
subchapter with respect to any act, policy, or practice of that country
that --
(i) was the basis for such identification, and
(ii) is not at that time the subject of any other investigation or
action under this subchapter.
(B) The Trade Representative is not required under subparagraph (A)
to initiate an investigation under this subchapter with respect to any
act, policy, or practice of a foreign country if the Trade
Representative determines that the initiation of the investigation would
be detrimental to United States economic interests.
(C) If the Trade Representative makes a determination under
subparagraph (B) not to initiate an investigation, the Trade
Representative shall submit to the Congress a written report setting
forth, in detail --
(i) the reasons for the determination, and
(ii) the United States economic interests that would be adversely
affected by the investigation.
(D) The Trade Representative shall, from time to time, consult with
the Register of Copyrights, the Commissioner of Patents and Trademarks,
and other appropriate officers of the Federal Government, during any
investigation initiated under this subchapter by reason of subparagraph
(A).
(c) Discretion
In determining whether to initiate an investigation under subsection
(a) or (b) of this section of any act, policy, or practice that is
enumerated in any provision of section 2411(d) of this title, the Trade
Representative shall have discretion to determine whether action under
section 2411 of this title would be effective in addressing such act,
policy, or practice.
(Pub. L. 93-618, title III, 302, as added Pub. L. 96-39, title IX,
901, July 26, 1979, 93 Stat. 296; amended Pub. L. 98-573, title III,
304(d)(1), Oct. 30, 1984, 98 Stat. 3003; Pub. L. 100-418, title I,
1301(a), Aug. 23, 1988, 102 Stat. 1168.)
A prior section 302 of Pub. L. 93-618, title III, Jan. 3, 1975, 88
Stat. 2043, which related to the procedure for Congressional
disapproval of certain actions taken by the President to eliminate
foreign import restrictions and export subsidies and which was
classified to this section, was omitted in the general revision of title
III of Pub. L. 93-618 by Pub. L. 96-39, title IX, 901, July 26, 1979,
93 Stat. 295.
1988 -- Pub. L. 100-418 amended section generally, substituting
provisions relating to initiating investigations with or without
petitions and discretion of Trade Representative for provisions relating
to filing and determinations on petitions for investigations and
investigations initiated by Trade Representative.
1984 -- Pub. L. 98-573 amended section generally, substituting
''United States Trade Representative'' and ''Trade Representative'' for
''Special Representative for Trade Negotiations'' and ''Special
Representative'', respectively, substituting ''the reasons'' for ''his
reasons'' in subsec. (b)(1), substituting ''a summary'' for ''the
text'' in subsec. (b)(2), striking out the comma after ''petitioner)''
in subsec. (b)(2)(A), and inserting ''or by any interested person''
after ''petitioner'' in subsec. (b)(2)(B).
Amendment by Pub. L. 100-418 applicable to petitions filed, and
investigations initiated, under this section on or after Aug. 23, 1988,
and petitions filed, and investigations initiated, before Aug. 23,
1988, if by such date no decision had been made under section 2414 of
this title regarding the petition or investigation, see section 1301(c)
of Pub. L. 100-418, set out as a note under section 2411 of this title.
2413, 2414, 2415, 2419, 2420 of this title.
19 USC 2413. Consultation upon initiation of investigation
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) On the date on which an investigation is initiated under section
2412 of this title, the Trade Representative, on behalf of the United
States, shall request consultations with the foreign country concerned
regarding the issues involved in such investigation.
(2) If the investigation initiated under section 2412 of this title
involves a trade agreement and a mutually acceptable resolution is not
reached before the earlier of --
(A) the close of the consultation period, if any, specified in the
trade agreement, or
(B) the 150th day after the day on which consultation was commenced,
the Trade Representative shall promptly request proceedings on the
matter under the formal dispute settlement procedures provided under
such agreement.
(3) The Trade Representative shall seek information and advice from
the petitioner (if any) and the appropriate committees established
pursuant to section 2155 of this title in preparing United States
presentations for consultations and dispute settlement proceedings.
(b) Delay of request for consultations
(1) Notwithstanding the provisions of subsection (a) of this section
--
(A) the United States Trade Representative may, after consulting with
the petitioner (if any), delay for up to 90 days any request for
consultations under subsection (a) of this section for the purpose of
verifying or improving the petition to ensure an adequate basis for
consultation, and
(B) if such consultations are delayed by reason of subparagraph (A),
each time limitation under section 2414 of this title shall be extended
for the period of such delay.
(2) The Trade Representative shall --
(A) publish notice of any delay under paragraph (1) in the Federal
Register, and
(B) report to Congress on the reasons for such delay in the report
required under section 2419(a)(3) of this title.
(Pub. L. 93-618, title III, 303, as added Pub. L. 96-39, title IX,
901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98-573, title III,
304(d)(2)(B), (e), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3004,
3005, 3012; Pub. L. 100-418, title I, 1301(a), Aug. 23, 1988, 102
Stat. 1170.)
1988 -- Pub. L. 100-418 amended section generally, revising and
restating substantially similar provisions.
1984 -- Subsec. (a). Pub. L. 98-573, 304(d)(2)(B), (e)(1),
306(c)(2)(C)(ii), designated existing provisions as subsec. (a), struck
out ''with respect to a petition'' after ''section 2412(b) of this
title'', inserted ''or the determination of the Trade Representative
under section 2412(c)(1) of this title'' after ''in the petition'', and
''(if any)'' after ''petitioner'', and struck out ''private sector''
after ''appropriate''.
Subsec. (b). Pub. L. 98-573, 304(e)(2), added subsec. (b).
Amendment by Pub. L. 100-418 applicable to petitions filed, and
investigations initiated, under section 2412 of this title on or after
Aug. 23, 1988, and petitions filed, and investigations initiated,
before Aug. 23, 1988, if by such date no decision had been made under
section 2414 of this title regarding the petition or investigation, see
section 1301(c) of Pub. L. 100-418, set out as a note under section
2411 of this title.
19 USC 2414. Determinations by Trade Representative
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) On the basis of the investigation initiated under section 2412 of
this title and the consultations (and the proceedings, if applicable)
under section 2413 of this title, the Trade Representative shall --
(A) determine whether --
(i) the rights to which the United States is entitled under any trade
agreement are being denied, or
(ii) any act, policy, or practice described in subsection (a)(1)(B)
or (b)(1) of section 2411 of this title exists, and
(B) if the determination made under subparagraph (A) is affirmative,
determine what action, if any, the Trade Representative should take
under subsection (a) or (b) of section 2411 of this title.
(2) The Trade Representative shall make the determinations required
under paragraph (1) on or before --
(A) in the case of an investigation involving a trade agreement
(other than the agreement on subsidies and countervailing measures
described in section 2503(c)(5) of this title), the earlier of --
(i) the date that is 30 days after the date on which the dispute
settlement procedure is concluded, or
(ii) the date that is 18 months after the date on which the
investigation is initiated, or
(B) in all cases not described in subparagraph (A) or paragraph (3),
the date that is 12 months after the date on which the investigation is
initiated.
(3)(A) If an investigation is initiated under this subchapter by
reason of section 2412(b)(2) of this title and the Trade Representative
does not make a determination described in subparagraph (B) with respect
to such investigation, the Trade Representative shall make the
determinations required under paragraph (1) with respect to such
investigation by no later than the date that is 6 months after the date
on which such investigation is initiated.
(B) If the Trade Representative determines with respect to any
investigation initiated by reason of section 2412(b)(2) of this title
that --
(i) complex or complicated issues are involved in the investigation
that require additional time,
(ii) the foreign country involved in the investigation is making
substantial progress in drafting or implementing legislative or
administrative measures that will provide adequate and effective
protection of intellectual property rights, or
(iii) such foreign country is undertaking enforcement measures to
provide adequate and effective protection of intellectual property
rights,
the Trade Representative shall publish in the Federal Register notice
of such determination and shall make the determinations required under
paragraph (1) with respect to such investigation by no later than the
date that is 9 months after the date on which such investigation is
initiated.
(4) In any case in which a dispute is not resolved before the close
of the minimum dispute settlement period provided for in a trade
agreement (other than the agreement on subsidies and countervailing
measures described in section 2503(c)(5) of this title), the Trade
Representative, within 15 days after the close of such dispute
settlement period, shall submit a report to Congress setting forth the
reasons why the dispute was not resolved within the minimum dispute
settlement period, the status of the case at the close of the period,
and the prospects for resolution. For purposes of this paragraph, the
minimum dispute settlement period provided for under any such trade
agreement is the total period of time that results if all stages of the
formal dispute settlement procedures are carried out within the time
limitations specified in the agreement, but computed without regard to
any extension authorized under the agreement at any stage.
(b) Consultation before determinations
(1) Before making the determinations required under subsection (a)(1)
of this section, the Trade Representative, unless expeditious action is
required --
(A) shall provide an opportunity (after giving not less than 30 days
notice thereof) for the presentation of views by interested persons,
including a public hearing if requested by any interested person,
(B) shall obtain advice from the appropriate committees established
pursuant to section 2155 of this title, and
(C) may request the views of the United States International Trade
Commission regarding the probable impact on the economy of the United
States of the taking of action with respect to any goods or service.
(2) If the Trade Representative does not comply with the requirements
of subparagraphs (A) and (B) of paragraph (1) because expeditious action
is required, the Trade Representative shall, after making the
determinations under subsection (a)(1) of this section, comply with such
subparagraphs.
(c) Publication
The Trade Representative shall publish in the Federal Register any
determination made under subsection (a)(1) of this section, together
with a description of the facts on which such determination is based.
(Pub. L. 93-618, title III, 304, as added Pub. L. 96-39, title IX,
901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98-573, title III,
304(d)(2)(C), 306(c)(2)(C)(ii), Oct. 30, 1984, 98 Stat. 3005, 3012;
Pub. L. 100-418, title I, 1301(a), Aug. 23, 1988, 102 Stat. 1170.)
1988 -- Pub. L. 100-418 amended section generally, substituting
provisions relating to determinations by Trade Representative for
provisions relating to recommendations by Trade Representative.
1984 -- Subsec. (a)(1). Pub. L. 98-573, 304(d)(2)(C), substituted
''matters under investigation'' for ''issues raised in the petition'' in
first sentence.
Subsec. (b)(2). Pub. L. 98-573, 306(c)(2)(C)(ii), struck out
''private sector'' after ''appropriate''.
Amendment by Pub. L. 100-418 applicable to petitions filed, and
investigations initiated, under section 2412 of this title on or after
Aug. 23, 1988, and petitions filed, and investigations initiated,
before Aug. 23, 1988, if by such date no decision had been made under
this section regarding the petition or investigation, see section
1301(c) of Pub. L. 100-418, set out as a note under section 2411 of
this title.
19 USC 2415. Implementation of actions
TITLE 19 -- CUSTOMS DUTIES
(a) Actions to be taken under section 2411
(1) Except as provided in paragraph (2), the Trade Representative
shall implement the action the Trade Representative determines under
section 2414(a)(1)(B) of this title to take under section 2411 of this
title, subject to the specific direction, if any, of the President
regarding any such action, by no later than the date that is 30 days
after the date on which such determination is made.
(2)(A) Except as otherwise provided in this paragraph, the Trade
Representative may delay, by not more than 180 days, the implementation
of any action that is to be taken under section 2411 of this title --
(i) if --
(I) in the case of an investigation initiated under section 2412(a)
of this title, the petitioner requests a delay, or
(II) in the case of an investigation initiated under section
2412(b)(1) of this title or to which section 2414(a)(3)(B) of this title
applies, a delay is requested by a majority of the representatives of
the domestic industry that would benefit from the action, or
(ii) if the Trade Representative determines that substantial progress
is being made, or that a delay is necessary or desirable, to obtain
United States rights or a satisfactory solution with respect to the
acts, policies, or practices that are the subject of the action.
(B) The Trade Representative may not delay under subparagraph (A) the
implementation of any action that is to be taken under section 2411 of
this title with respect to any investigation to which section
2414(a)(3)(A) of this title applies.
(C) The Trade Representative may not delay under subparagraph (A) the
implementation of any action that is to be taken under section 2411 of
this title with respect to any investigation to which section
2414(a)(3)(B) of this title applies by more than 90 days.
(b) Alternative actions in certain cases of export targeting
(1) If the Trade Representative makes an affirmative determination
under section 2414(a)(1)(A) of this title involving export targeting by
a foreign country and determines to take no action under section 2411 of
this title with respect to such affirmation determination, the Trade
Representative --
(A) shall establish an advisory panel to recommend measures which
will promote the competitiveness of the domestic industry affected by
the export targeting,
(B) on the basis of the report of such panel submitted under
paragraph (2)(B) and subject to the specific direction, if any, of the
President, may take any administrative actions authorized under any
other provision of law, and, if necessary, propose legislation to
implement any other actions, that would restore or improve the
international competitiveness of the domestic industry affected by the
export targeting, and
(C) shall, by no later than the date that is 30 days after the date
on which the report of such panel is submitted under paragraph (2)(B),
submit a report to the Congress on the administrative actions taken, and
legislative proposals made, under subparagraph (B) with respect to the
domestic industry affected by the export targeting.
(2)(A) The advisory panels established under paragraph (1)(A) shall
consist of individuals appointed by the Trade Representative who --
(i) earn their livelihood in the private sector of the economy,
including individuals who represent management and labor in the domestic
industry affected by the export targeting that is the subject of the
affirmative determination made under section 2414(a)(1)(A) of this
title, and
(ii) by education or experience, are qualified to serve on the
advisory panel.
(B) By no later than the date that is 6 months after the date on
which an advisory panel is established under paragraph (1)(A), the
advisory panel shall submit to the Trade Representative and to the
Congress a report on measures that the advisory panel recommends be
taken by the United States to promote the competitiveness of the
domestic industry affected by the export targeting that is the subject
of the affirmative determination made under section 2414(a)(1)(A) of
this title.
(Pub. L. 93-618, title III, 305, as added Pub. L. 96-39, title IX,
901, July 26, 1979, 93 Stat. 299; amended Pub. L. 98-573, title III,
304(g), Oct. 30, 1984, 98 Stat. 3006; Pub. L. 100-418, title I,
1301(a), Aug. 23, 1988, 102 Stat. 1172.)
1988 -- Pub. L. 100-418 amended section generally, substituting
provisions relating to implementation of actions for provisions relating
to requests for information. See section 2418 of this title.
1984 -- Subsec. (c). Pub. L. 98-573 added subsec. (c).
Amendment by Pub. L. 100-418 applicable to petitions filed, and
investigations initiated, under section 2412 of this title on or after
Aug. 23, 1988, and petitions filed, and investigations initiated,
before Aug. 23, 1988, if by such date no decision had been made under
section 2414 of this title regarding the petition or investigation, see
section 1301(c) of Pub. L. 100-418, set out as a note under section
2411 of this title.
19 USC 2416. Monitoring of foreign compliance
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The Trade Representative shall monitor the implementation of each
measure undertaken, or agreement of a kind described in clause (i),
(ii), or (iii) of section 2411(a)(2)(B) of this title that is entered
into under subsection (a) or (b) of section 2411 of this title, by a
foreign country --
(1) to enforce the rights of the United States under any trade
agreement, or
(2) to eliminate any act, policy, or practice described in subsection
(a)(1)(B) or (b)(1) of section 2411 of this title.
(b) Further action
If, on the basis of the monitoring carried out under subsection (a)
of this section, the Trade Representative considers that a foreign
country is not satisfactorily implementing a measure or agreement
referred to in subsection (a) of this section, the Trade Representative
shall determine what further action the Trade Representative shall take
under section 2411(a) of this title. For purposes of section 2411 of
this title, any such determination shall be treated as a determination
made under section 2414(a)(1) of this title.
(c) Consultations
Before making any determination under subsection (b) of this section,
the Trade Representative shall --
(1) consult with the petitioner, if any, involved in the initial
investigation under this subchapter and with representatives of the
domestic industry concerned; and
(2) provide an opportunity for the presentation of views by
interested persons.
(Pub. L. 93-618, title III, 306, as added Pub. L. 96-39, title IX,
901, July 26, 1979, 93 Stat. 299; amended Pub. L. 100-418, title I,
1301(a), Aug. 23, 1988, 102 Stat. 1173.)
1988 -- Pub. L. 100-418 amended section generally, substituting
provisions relating to monitoring of foreign compliance for provisions
relating to administration. See section 2419 of this title.
Amendment by Pub. L. 100-418 applicable to petitions filed, and
investigations initiated, under section 2412 of this title on or after
Aug. 23, 1988, and petitions filed, and investigations initiated,
before Aug. 23, 1988, if by such date no decision had been made under
section 2414 of this title regarding the petition or investigation, see
section 1301(c) of Pub. L. 100-418, set out as a note under section
2411 of this title.
19 USC 2417. Modification and termination of actions
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) The Trade Representative may modify or terminate any action,
subject to the specific direction, if any, of the President with respect
to such action, that is being taken under section 2411 of this title if
--
(A) any of the conditions described in section 2411(a)(2) of this
title exist,
(B) the burden or restriction on United States commerce of the denial
rights, or of the acts, policies, and practices, that are the subject of
such action has increased or decreased, or
(C) such action is being taken under section 2411(b) of this title
and is no longer appropriate.
(2) Before taking any action under paragraph (1) to modify or
terminate any action taken under section 2411 of this title, the Trade
Representative shall consult with the petitioner, if any, and with
representatives of the domestic industry concerned, and shall provide
opportunity for the presentation of views by other interested persons
affected by the proposed modification or termination concerning the
effects of the modification or termination and whether any modification
or termination of the action is appropriate.
(b) Notice; report to Congress
The Trade Representative shall promptly publish in the Federal
Register notice of, and report in writing to the Congress with respect
to, any modification or termination of any action taken under section
2411 of this title and the reasons therefor.
(c) Review of necessity
(1) If --
(A) a particular action has been taken under section 2411 of this
title during any 4-year period, and
(B) neither the petitioner nor any representative of the domestic
industry which benefits from such action has submitted to the Trade
Representative during the last 60 days of such 4-year period a written
request for the continuation of such action,
such action shall terminate at the close of such 4-year period.
(2) The Trade Representative shall notify by mail the petitioner and
representatives of the domestic industry described in paragraph (1)(B)
of any termination of action by reason of paragraph (1) at least 60 days
before the date of such termination.
(3) If a request is submitted to the Trade Representative under
paragraph (1)(B) to continue taking a particular action under section
2411 of this title, the Trade Representative shall conduct a review of
--
(A) the effectiveness in achieving the objectives of section 2411 of
this title of --
(i) such action, and
(ii) other actions that could be taken (including actions against
other products or services), and
(B) the effects of such actions on the United States economy,
including consumers.
(Pub. L. 93-618, title III, 307, as added Pub. L. 100-418, title I,
1301(a), Aug. 23, 1988, 102 Stat. 1174.)
Section applicable to petitions filed, and investigations initiated,
under section 2412 of this title on or after Aug. 23, 1988, and
petitions filed, and investigations initiated, before Aug. 23, 1988, if
by such date no decision had been made under section 2414 of this title
regarding the petition or investigation, see section 1301(c) of Pub. L.
100-418, set out as an Effective Date of 1988 Amendment note under
section 2411 of this title.
19 USC 2418. Request for information
TITLE 19 -- CUSTOMS DUTIES
(a) In general
Upon receipt of written request therefor from any person, the Trade
Representative shall make available to that person information (other
than that to which confidentiality applies) concerning --
(1) the nature and extent of a specific trade policy or practice of a
foreign country with respect to particular goods, services, investment,
or intellectual property rights, to the extent that such information is
available to the Trade Representative or other Federal agencies;
(2) United States rights under any trade agreement and the remedies
which may be available under that agreement and under the laws of the
United States; and
(3) past and present domestic and international proceedings or
actions with respect to the policy or practice concerned.
(b) If information not available
If information that is requested by a person under subsection (a) of
this section is not available to the Trade Representative or other
Federal agencies, the Trade Representative shall, within 30 days after
receipt of the request --
(1) request the information from the foreign government; or
(2) decline to request the information and inform the person in
writing of the reasons for refusal.
(c) Certain business information not made available
(1) Except as provided in paragraph (2), and notwithstanding any
other provision of law (including section 552 of title 5), no
information requested and received by the Trade Representative in aid of
any investigation under this subchapter shall be made available to any
person if --
(A) the person providing such information certifies that --
(i) such information is business confidential,
(ii) the disclosure of such information would endanger trade secrets
or profitability, and
(iii) such information is not generally available;
(B) the Trade Representative determines that such certification is
well-founded; and
(C) to the extent required in regulations prescribed by the Trade
Representative, the person providing such information provides an
adequate nonconfidential summary of such information.
(2) The Trade Representative may --
(A) use such information, or make such information available (in his
own discretion) to any employee of the Federal Government for use, in
any investigation under this subchapter, or
(B) may make such information available to any other person in a form
which cannot be associated with, or otherwise identify, the person
providing the information.
(Pub. L. 93-618, title III, 308, as added Pub. L. 100-418, title I,
1301(a), Aug. 23, 1988, 102 Stat. 1175.)
Section applicable to petitions filed, and investigations initiated,
under section 2412 of this title on or after Aug. 23, 1988, and
petitions filed, and investigations initiated, before Aug. 23, 1988, if
by such date no decision had been made under section 2414 of this title
regarding the petition or investigation, see section 1301(c) of Pub. L.
100-418, set out as an Effective Date of 1988 Amendment note under
section 2411 of this title.
19 USC 2419. Administration
TITLE 19 -- CUSTOMS DUTIES
The Trade Representative shall --
(1) issue regulations concerning the filing of petitions and the
conduct of investigations and hearings under this subchapter,
(2) keep the petitioner regularly informed of all determinations and
developments regarding the investigation conducted with respect to the
petition under this subchapter, including the reasons for any undue
delays, and
(3) submit a report to the House of Representatives and the Senate
semiannually describing --
(A) the petitions filed and the determinations made (and reasons
therefor) under section 2412 of this title,
(B) developments in, and the current status of, each investigation or
proceeding under this subchapter,
(C) the actions taken, or the reasons for no action, by the Trade
Representative under section 2411 of this title with respect to
investigations conducted under this subchapter, and
(D) the commercial effects of actions taken under section 2411 of
this title.
(Pub. L. 93-618, title III, 309, as added Pub. L. 100-418, title I,
1301(a), Aug. 23, 1988, 102 Stat. 1175.)
Section applicable to petitions filed, and investigations initiated,
under section 2412 of this title on or after Aug. 23, 1988, and
petitions filed, and investigations initiated, before Aug. 23, 1988, if
by such date no decision had been made under section 2414 of this title
regarding the petition or investigation, see section 1301(c) of Pub. L.
100-418, set out as an Effective Date of 1988 Amendment note under
section 2411 of this title.
19 USC 2420. Identification of trade liberalization priorities
TITLE 19 -- CUSTOMS DUTIES
(a) Identification
(1) By no later than the date that is 30 days after the date in
calendar year 1989, and also the date in calendar year 1990, on which
the report required under section 2241(b) of this title is submitted to
the appropriate Congressional committees, the Trade Representative shall
identify United States trade liberalization priorities, including --
(A) priority practices, including major barriers and trade distorting
practices, the elimination of which are likely to have the most
significant potential to increase United States exports, either directly
or through the establishment of a beneficial precedent;
(B) priority foreign countries that, on the basis of such report,
satisfy the criteria in paragraph (2);
(C) estimate the total amount by which United States exports of goods
and services to each foreign country identified under subparagraph (B)
would have increased during the preceding calendar year if the priority
practices of such country identified under subparagraph (A) did not
exist; and
(D) submit to the Committee on Finance of the Senate, the Committee
on Ways and Means of the House of Representatives, and publish in the
Federal Register, a report which lists --
(i) the priority foreign countries identified under subparagraph (B),
(ii) the priority practices identified under subparagraph (A) with
respect to each of such priority foreign countries, and
(iii) the amount estimated under subparagraph (C) with respect to
each of such priority foreign countries.
(2) In identifying priority foreign countries under paragraph (1)(B),
the Trade Representative shall take into account --
(A) the number and pervasiveness of the acts, policies, and practices
described in section 2241(a)(1)(A) of this title, and
(B) the level of United States exports of goods and services that
would be reasonably expected from full implementation of existing trade
agreements to which that foreign country is a party, based on the
international competitive position and export potential of such products
and services.
(3) In identifying priority practices under paragraph (1)(A), the
Trade Representative shall take into account --
(A) the international competitive position and export potential of
United States products and services,
(B) circumstances in which the sale of a small quantity of a product
or service may be more significant than its value, and
(C) the measurable medium-term and long-term implications of
government procurement commitments to United States exporters.
(b) Initiation of investigations
By no later than the date that is 21 days after the date on which a
report is submitted to the appropriate Congressional committees under
subsection (a)(1)(D) of this section, the Trade Representative shall
initiate under section 2412(b)(1) of this title investigations under
this subchapter with respect to all of those priority practices
identified in such report by reason of subsection (a)(1)(D) of this
section for each of the priority foreign countries. The Trade
Representative may initiate investigations under section 2412(b)(1) of
this title with respect to all other priority practices identified under
subsection (a)(1)(A) of this section.
(c) Agreements for elimination of barriers
(1) In the consultations with a priority foreign country identified
under subsection (a)(1) of this section that the Trade Representative is
required to request under section 2413(a) of this title with respect to
an investigation initiated by reason of subsection (b) of this section,
the Trade Representative shall seek to negotiate an agreement which
provides for --
(A) the elimination of, or compensation for, the priority practices
identified under subsection (a)(1)(A) of this section by no later than
the close of the 3-year period beginning on the date on which such
investigation is initiated, and
(B) the reduction of such practices over a 3-year period with the
expectation that United States exports to the foreign country will, as a
result, increase incrementally during each year within such 3-year
period.
(2) Any investigation initiated under this subchapter by reason of
subsection (b) of this section shall be suspended if an agreement
described in subparagraphs (A) and (B) of paragraph (1) is entered into
with the foreign country before the date on which any action under
section 2411 of this title with respect to such investigation may be
required under section 2415(a) of this title to be implemented.
(3) If an agreement described in paragraph (1) is entered into with a
foreign country before the date on which any action under section 2411
of this title with respect to such investigation may be required under
section 2415(a) of this title to be implemented and the Trade
Representative determines that the foreign country is not in compliance
with such agreement, the Trade Representative shall continue the
investigation that was suspended by reason of such agreement as though
such investigation had not been suspended.
(d) Annual reports
(1) On the date on which the report the Trade Representative is
required to submit under subsection (a)(1)(D) of this section in
calendar year 1990, and on the anniversary of such date in the
succeeding calendar years, the Trade Representative shall submit a
report which includes --
(A) revised estimates of the total amount determined under subsection
(a)(1)(C) of this section for each priority foreign country that has
been identified under subsection (a)(1)(B) of this section,
(B) evidence that demonstrates, in the form of increased United
States exports to each of such priority foreign countries during the
previous calendar year --
(i) in the case of a priority foreign country that has entered into
an agreement described in subsection (c)(1) of this section, substantial
progress during each year within the 3-year period described in
subsection (c)(1)(A) of this section toward the goal of eliminating the
priority practices identified under subsection (a)(1)(A) of this section
by the close of such 3-year period, and
(ii) in the case of a country which has not entered into (or has not
complied with) an agreement described in subsection (c)(1) of this
section, the elimination of such practices, and
(C) to the extent that the evidence described in subparagraph (B)
cannot be provided, any actions that have been taken by the Trade
Representative under section 2411 of this title with respect to such
priority practices of each of such foreign countries.
(2) The Trade Representative may exclude from the requirements of
paragraph (1) in any calendar year beginning after 1993 any foreign
country that has been identified under subsection (a)(1)(A) of this
section if the evidence submitted under paragraph (1)(B) in the 2
previous reports demonstrated that all the priority practices identified
under subsection (a)(1)(A) of this section with respect to such foreign
country have been eliminated.
(Pub. L. 93-618, title III, 310, as added Pub. L. 100-418, title I,
1302(a), Aug. 23, 1988, 102 Stat. 1176.)
19 USC 2431. Exception of products of certain countries or areas
TITLE 19 -- CUSTOMS DUTIES
Except as otherwise provided in this subchapter, the President shall
continue to deny nondiscriminatory treatment to the products of any
country, the products of which were not eligible for the rates set forth
in rate column numbered 1 of the Tariff Schedules of the United States
on January 3, 1975.
(Pub. L. 93-618, title IV, 401, Jan. 3, 1975, 88 Stat. 2056.)
The Tariff Schedules of the United States, referred to in text, to be
treated as a reference to the Harmonized Tariff Schedule pursuant to
section 3012 of this title. The Harmonized Tariff Schedule is not set
out in the Code. See Publication of Harmonized Tariff Schedule note set
out under section 1202 of this title.
Pub. L. 95-501, title VI, 604, Oct. 21, 1978, 92 Stat. 1692, which
provided that within six months after Oct. 21, 1978, the Secretary of
Agriculture submit to Congress a report detailing the effect on United
States agriculture of this subchapter, including a recommendation as to
whether the provisions of this subchapter should be repealed or amended,
was omitted in the general revision of Pub. L. 95-501 by Pub. L.
101-624, title XV, 1531, Nov. 28, 1990, 104 Stat. 3668. See chapter
87 ( 5601 et seq.) of Title 7, Agriculture.
19 USC 2432. Freedom of emigration in East-West trade
TITLE 19 -- CUSTOMS DUTIES
(a) Actions of nonmarket economy countries making them ineligible for
most-favored-nation treatment, programs of credits, credit guarantees,
or investment guarantees, or commercial agreements
To assure the continued dedication of the United States to
fundamental human rights, and notwithstanding any other provision of
law, on or after January 3, 1975, products from any nonmarket economy
country shall not be eligible to receive nondiscriminatory treatment
(most-favored-nation treatment), such country shall not participate in
any program of the Government of the United States which extends credits
or credit guarantees or investment guarantees, directly or indirectly,
and the President of the United States shall not conclude any commercial
agreement with any such country, during the period beginning with the
date on which the President determines that such country --
(1) denies its citizens the right or opportunity to emigrate;
(2) imposes more than a nominal tax on emigration or on the visas or
other documents required for emigration, for any purpose or cause
whatsoever; or
(3) imposes more than a nominal tax, levy, fine, fee, or other charge
on any citizen as a consequence of the desire of such citizen to
emigrate to the country of his choice,
and ending on the date on which the President determines that such
country is no longer in violation of paragraph (1), (2), or (3).
(b) Presidential determination and report to Congress that nation is
not violating freedom of emigration
After January 3, 1975, (A) products of a nonmarket economy country
may be eligible to receive nondiscriminatory treatment
(most-favored-nation treatment), (B) such country may participate in any
program of the Government of the United States which extends credits or
credit guarantees or investment guarantees, and (C) the President may
conclude a commercial agreement with such country, only after the
President has submitted to the Congress a report indicating that such
country is not in violation of paragraph (1), (2), or (3) of subsection
(a) of this section. Such report with respect to such country shall
include information as to the nature and implementation of emigration
laws and policies and restrictions or discrimination applied to or
against persons wishing to emigrate. The report required by this
subsection shall be submitted initially as provided herein and, with
current information, on or before each June 30 and December 31
thereafter so long as such treatment is received, such credits or
guarantees are extended, or such agreement is in effect.
(c) Waiver authority of President
(1) During the 18-month period beginning on January 3, 1975, the
President is authorized to waive by Executive order the application of
subsections (a) and (b) of this section with respect to any country, if
he reports to the Congress that --
(A) he has determined that such waiver will substantially promote the
objectives of this section; and
(B) he has received assurances that the emigration practices of that
country will henceforth lead substantially to the achievement of the
objectives of this section.
(2) During any period subsequent to the 18-month period referred to
in paragraph (1), the President is authorized to waive by Executive
order the application of subsections (a) and (b) of this section with
respect to any country, if the waiver authority granted by this
subsection continues to apply to such country pursuant to subsection (d)
of this section, and if he reports to the Congress that --
(A) he has determined that such waiver will substantially promote the
objectives of this section; and
(B) he has received assurances that the emigration practices of that
country will henceforth lead substantially to the achievement of the
objectives of this section.
(3) A waiver with respect to any country shall terminate on the day
after the waiver authority granted by this subsection ceases to be
effective with respect to such country pursuant to subsection (d) of
this section. The President may, at any time, terminate by Executive
order any waiver granted under this subsection.
(d) Extension of waiver authority
(1) If the President determines that the further extension of the
waiver authority granted under subsection (c) of this section will
substantially promote the objectives of this section, he may recommend
further extensions of such authority for successive 12-month periods.
Any such recommendations shall --
(A) be made no later than 30 days before the expiration of such
authority;
(B) be made in a document transmitted to the House of Representatives
and the Senate setting forth his reasons for recommending the extension
of such authority; and
(C) include, for each country with respect to which a waiver granted
under subsection (c) of this section is in effect, a determination that
continuation of the waiver applicable to that country will substantially
promote the objectives of this section, and a statement setting forth
his reasons for such determination.
If the President recommends the further extension of such authority,
such authority shall continue in effect until the end of the 12-month
period following the end of the previous 12-month extension with respect
to any country (except for any country with respect to which such
authority has not been extended under this subsection), unless a joint
resolution described in section 2193(a) of this title is enacted into
law pursuant to the provisions of paragraph (2).
(2)(A) The requirements of this paragraph are met if the joint
resolution is enacted under the procedures set forth in section 2193 of
this title, and --
(i) the Congress adopts and transmits the joint resolution to the
President before the end of the 60-day period beginning on the date the
waiver authority would expire but for an extension under paragraph (1),
and
(ii) if the President vetoes the joint resolution, each House of
Congress votes to override such veto on or before the later of the last
day of the 60-day period referred to in clause (i) or the last day of
the 15-day period (excluding any day described in section 2194(b) of
this title) beginning on the date the Congress receives the veto message
from the President.
(B) If a joint resolution is enacted into law under the provisions of
this paragraph, the waiver authority applicable to any country with
respect to which the joint resolution disapproves of the extension of
such authority shall cease to be effective as of the day after the
60-day period beginning on the date of the enactment of the joint
resolution.
(C) A joint resolution to which this subsection and section 2193 of
this title apply may be introduced at any time on or after the date the
President transmits to the Congress the document described in paragraph
(1)(B).
(e) Countries not covered
This section shall not apply to any country the products of which are
eligible for the rates set forth in rate column numbered 1 of the Tariff
Schedules of the United States on January 3, 1975.
(Pub. L. 93-618, title IV, 402, Jan. 3, 1975, 88 Stat. 2056; Pub.
L. 96-39, title XI, 1106(f)(1), July 26, 1979, 93 Stat. 312; Pub. L.
101-382, title I, 132(a)(1), (2), Aug. 20, 1990, 104 Stat. 643, 644.)
The Tariff Schedules of the United States, referred to in subsec.
(e), to be treated as a reference to the Harmonized Tariff Schedule, see
Pub. L. 100-418, title I, 1212, Aug. 23, 1988, 102 Stat. 1155,
classified to section 3012 of this title. The Harmonized Tariff
Schedule is not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of this title.
1990 -- Subsec. (d)(1). Pub. L. 101-382, 132(a)(1), (2)(A), (B),
redesignated par. (5) as (1), and substituted ''If the President
determines that the further extension of the waiver authority granted
under subsection (c) of this section will'' for ''If the waiver
authority granted by subsection (c) of this section has been extended
under paragraph (3) or (4) for any country for the 12-month period
referred to in such paragraphs, and the President determines that the
further extension of such authority will'' in introductory provisions,
substituted '', unless a joint resolution described in section 2193(a)
of this title is enacted into law pursuant to the provisions of
paragraph (2).'' for '', unless before the end of the 60-day period
following such previous 12-month extension, either the House of
Representatives or the Senate adopts, by an affirmative vote of a
majority of the Members present and voting in that House and under the
procedures set forth in section 2193 of this title, a resolution
disapproving the extension of such authority generally or with respect
to such country specifically. Such authority shall cease to be
effective with respect to all countries on the date of the adoption by
either House before the end of such 60-day period of a resolution
disapproving the extension of such authority, and shall cease to be
effective with respect to any country on the date of the adoption by
either House before the end of such 60-day period of a resolution
disapproving the extension of such authority with respect to such
country.'' in concluding provisions, and struck out former par. (1)
which read as follows: ''If the President determines that the extension
of the waiver authority granted by subsection (c)(1) of this section
will substantially promote the objectives of this section, he may
recommend to the Congress that such authority be extended for a period
of 12 months. Any such recommendation shall --
''(A) be made not later than 30 days before the expiration of such
authority;
''(B) be made in the document transmitted to the House of
Representatives and the Senate setting forth his reasons for
recommending the extension of such authority; and
''(C) include, for each country with respect to which a waiver
granted under subsection (c)(1) of this section is in effect, a
determination that continuation of the waiver applicable to that country
will substantially promote the objectives of this section, and a
statement setting forth his reasons for such determination.''
Subsec. (d)(2). Pub. L. 101-382, 132(a)(2)(A), (C), added par. (2)
and struck out former par. (2) which authorized extension of waiver
authority for 12-month period upon recommendation of President and
adoption of concurrent resolution approving extension of authority and
not excluding country, and provided procedures if such resolution was
not adopted.
Subsec. (d)(3), (4). Pub. L. 101-382, 132(a)(2)(A), struck out par.
(3) which authorized extension of waiver authority upon recommendation
of President for 60 days, and for 12 months if before end of 60-day
period concurrent resolution was adopted approving extension of
authority and failing to exclude particular country, and provided
procedures if such resolution was not adopted, and struck out par. (4)
which authorized extension of waiver authority for 12 months upon
recommendation of President if Congress failed to adopt concurrent
resolution approving extension under par. (3) and also failed to adopt,
in 45-day period following 60-day period, concurrent resolution
disapproving extension generally or with respect to particular country.
Subsec. (d)(5). Pub. L. 101-382, 132(a)(2)(B), redesignated par.
(5) as (1).
1979 -- Subsec. (c)(1). Pub. L. 96-39 substituted ''subsections (a)
and (b) of this section'' for ''subsection (a) and (b) of this section''
in provisions preceding subpar. (A).
Section 132(d) of Pub. L. 101-382 provided that:
''(1) In general. -- Except as provided in paragraph (2), the
amendments made by this section (amending this section and sections 2191
to 2194, 2435, and 2437 of this title) take effect on the date of the
enactment of this Act (Aug. 20, 1990).
''(2) Extension of waiver authority. --
''(A) The amendments made by subsections (a) and (c)(4) and (5)
(amending this section and sections 2192 and 2193 of this title) apply
with respect to recommendations made under section 402(d) of the Trade
Act of 1974 (subsec. (d) of this section) by the President after May 23,
1990.
''(B) Solely for purposes of applying the applicable provisions of
the Trade Act of 1974 (this chapter) with respect to the recommendations
made by the President to the House of Representatives and the Senate
under subsection (d) of section 402 of the Trade Act of 1974 after May
23, 1990, and on or before the date of the enactment of this Act --
''(i) in paragraph (2)(A)(i) of subsection (d) of such section 402
(as amended by subsection (a)), the date on which the waiver authority
granted under subsection (c) of such section 402 would expire but for an
extension under paragraph (1) of such subsection (d) is the date of the
enactment of this Act;
''(ii) paragraph (2)(A)(ii) of subsection (d) of such section 402 (as
amended by subsection (a)) shall be treated as reading as follows:
'''(ii) if the President vetoes the joint resolution, each House of
Congress votes to override such veto on or before the last day of the
60-day period referred to in clause (i).';
''(iii) if the waiver authority granted under such subsection (c) is
extended after application of clauses (i) and (ii), the expiration date
for such authority is July 3, 1991; and
''(iv) only joint resolutions described in section 153(a) of the
Trade Act of 1974 (section 2193(a) of this title) (as amended by
subsection (a)) that are introduced in the House of Representatives or
the Senate on or after the date of the enactment of this Act may be
considered by either body.''
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
The following Executive orders waived the application of subsections
(a) and (b) of this section for the countries listed:
Ex. Ord. No. 11854, Apr. 24, 1975, 40 F.R. 18391. -- Socialist
Republic of Romania.
Ex. Ord. No. 12051, Apr. 7, 1978, 43 F.R. 15131. -- Hungarian
People's Republic.
Ex. Ord. No. 12167, Oct. 23, 1979, 44 F.R. 61167. -- People's
Republic of China.
Ex. Ord. No. 12702, Feb. 20, 1990, 55 F.R. 6231. -- Czechoslovakia.
Ex. Ord. No. 12726, Aug. 15, 1990, 55 F.R. 33637. -- German
Democratic Republic.
Ex. Ord. No. 12740, Dec. 29, 1990, 56 F.R. 355. -- Soviet Union.
Ex. Ord. No. 12745, Jan. 22, 1991, 56 F.R. 2835. -- Bulgaria.
Ex. Ord. No. 12746, Jan. 23, 1991, 56 F.R. 2837. -- Mongolia.
Ex. Ord. No. 12772, Aug. 17, 1991, 56 F.R. 41621. -- Romania.
Ex. Ord. No. 12798, Apr. 6, 1992, 57 F.R. 12175. -- Armenia.
Ex. Ord. No. 12802, Apr. 16, 1992, 57 F.R. 14321. -- Republic of
Byelarus, Republic of Kyrgyzstan, and Russian Federation.
Ex. Ord. No. 12809, June 3, 1992, 57 F.R. 23925. -- Albania,
Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.
Ex. Ord. No. 12811, June 24, 1992, 57 F.R. 28585. -- Tajikistan and
Turkmenistan.
The following Presidential Determinations related to waivers or
continuation of waivers for the countries listed:
Determination No. 81-8, June 2, 1981, 46 F.R. 30797. -- Hungarian
People's Republic, People's Republic of China, and Socialist Republic of
Romania.
Determination No. 83-7, June 3, 1983, 48 F.R. 26585. -- Hungarian
People's Republic, People's Republic of China, and Socialist Republic of
Romania.
Determination No. 84-9, May 31, 1984, 49 F.R. 24107. -- Hungarian
People's Republic, People's Republic of China, and Socialist Republic of
Romania.
Determination No. 86-10, June 3, 1986, 51 F.R. 22057. -- Hungarian
People's Republic, People's Republic of China, and Socialist Republic of
Romania.
Determination No. 87-14, June 2, 1987, 52 F.R. 22431. -- Hungarian
People's Republic, People's Republic of China, and Socialist Republic of
Romania.
Determination No. 88-18, June 3, 1988, 53 F.R. 21407. -- Hungarian
People's Republic and People's Republic of China.
Determination No. 89-14, May 31, 1989, 54 F.R. 26943. -- Hungarian
People's Republic and People's Republic of China.
Determination No. 90-10, Feb. 20, 1990, 55 F.R. 8899. --
Czechoslovakia.
Determination No. 90-21, May 24, 1990, 55 F.R. 23183. -- People's
Republic of China.
Determination No. 90-22, June 3, 1990, 55 F.R. 42831. -- Czech and
Slovak Federal Republic.
Determination No. 90-30, Aug. 15, 1990, 55 F.R. 35421. -- German
Democratic Republic.
Determination No. 91-11, Dec. 29, 1990, 56 F.R. 1561. -- Soviet
Union.
Determination No. 91-18, Jan. 22, 1991, 56 F.R. 4169. -- Bulgaria.
Determination No. 91-19, Jan. 23, 1991, 56 F.R. 4171. -- Mongolia.
Determination No. 91-36, May 29, 1991, 56 F.R. 26757. -- People's
Republic of China.
Determination No. 91-39, June 3, 1991, 56 F.R. 27187. -- Republic of
Bulgaria, Czech and Slovak Federal Republic, Soviet Union, and Mongolian
People's Republic.
Determination No. 91-48, Aug. 17, 1991, 56 F.R. 43861. -- Romania.
Determination No. 92-3, Oct. 16, 1991, 56 F.R. 55203. -- Czech and
Slovak Federal Republic.
Determination No. 92-20, Apr. 3, 1992, 57 F.R. 13623. -- Armenia,
Belarus, Kyrgyzstan, and Russia.
Determination No. 92-25, May 6, 1992, 57 F.R. 22147. -- Azerbaijan,
Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.
Determination No. 92-26, May 20, 1992, 57 F.R. 48711. -- Albania.
Determination No. 92-29, June 2, 1992, 57 F.R. 24539. -- People's
Republic of China.
Determination No. 92-30, June 3, 1992, 57 F.R. 24929. -- Albania,
Armenia, Azerbaijan, Bulgaria, Byelarus, Georgia, Kazakhstan,
Kyrgyzstan, Moldova, Mongolia, Romania, Russia, Ukraine, and Uzbekistan.
Determination No. 92-31, June 3, 1992, 57 F.R. 24931. -- Tajikistan
and Turkmenistan.
19 USC 2433. United States personnel missing in action in Southeast
Asia
TITLE 19 -- CUSTOMS DUTIES
(a) Penalty for noncooperating countries
Notwithstanding any other provision of law, if the President
determines that a nonmarket economy country is not cooperating with the
United States --
(1) to achieve a complete accounting of all United States military
and civilian personnel who are missing in action in Southeast Asia,
(2) to repatriate such personnel who are alive, and
(3) to return the remains of such personnel who are dead to the
United States,
then, during the period beginning with the date of such determination
and ending on the date on which the President determines such country is
cooperating with the United States, he may provide that --
(A) the products of such country may not receive nondiscriminatory
treatment,
(B) such country may not participate, directly or indirectly, in any
program under which the United States extends credit, credit guarantees,
or investment guarantees, and
(C) no commercial agreement entered into under this subchapter
between such country and the United States will take effect.
(b) Exception
This section shall not apply to any country the products of which are
eligible for the rates set forth in rate column numbered 1 of the Tariff
Schedules of the United States on January 3, 1975.
(Pub. L. 93-618, title IV, 403, Jan. 3, 1975, 88 Stat. 2060.)
The Tariff Schedules of the United States, referred to in subsec.
(b), to be treated as a reference to the Harmonized Tariff Schedule,
pursuant to section 3012 of this title. The Harmonized Tariff Schedule
is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
19 USC 2434. Extension of nondiscriminatory treatment
TITLE 19 -- CUSTOMS DUTIES
(a) Presidential proclamation
Subject to the provisions of section 2435(c) of this title, the
President may by proclamation extend nondiscriminatory treatment to the
products of a foreign country which has entered into a bilateral
commercial agreement referred to in section 2435 of this title.
(b) Limitation on period of effectiveness
The application of nondiscriminatory treatment shall be limited to
the period of effectiveness of the obligations of the United States to
such country under such bilateral commercial agreement. In addition, in
the case of any foreign country receiving nondiscriminatory treatment
pursuant to this subchapter which has entered into an agreement with the
United States regarding the settlement of lendlease reciprocal aid and
claims, the application of such nondiscriminatory treatment shall be
limited to periods during which such country is not in arrears on its
obligations under such agreement.
(c) Suspension or withdrawal of extensions of nondiscriminatory
treatment
The President may at any time suspend or withdraw any extension of
nondiscriminatory treatment to any country pursuant to subsection (a) of
this section and thereby cause all products of such country to be
dutiable at the rates set forth in rate column numbered 2 of the
Harmonized Tariff Schedule of the United States.
(Pub. L. 93-618, title IV, 404, Jan. 3, 1975, 88 Stat. 2060; Pub.
L. 96-39, title XI, 1106(f)(2), July 26, 1979, 93 Stat. 312; Pub. L.
100-418, title I, 1214(j)(3), Aug. 23, 1988, 102 Stat. 1158.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (c), is not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of this title.
1988 -- Subsec. (c). Pub. L. 100-418 substituted ''Harmonized Tariff
Schedule of the United States'' for ''Tariff Schedules for the United
States''.
1979 -- Subsec. (c). Pub. L. 96-39 struck out the comma after
''subsection (a) of this section''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
Pub. L. 102-420, Oct. 16, 1992, 106 Stat. 2149, provided that:
''(a) Findings. -- The Congress finds that Serbia or Montenegro are
not complying with the provisions of the Final Act of the Conference on
Security and Cooperation in Europe (also known as the 'Helsinki Final
Act'), particularly the provisions regarding human rights and
humanitarian affairs and are not respecting minority rights in Kosovo
and Vojvodina.
''(b) Withdrawal of MFN Status. -- Except as provided in subsection
(c), nondiscriminatory treatment shall not apply with respect to any
goods that --
''(1) are the product of Serbia or Montenegro; and
''(2) are entered into the customs territory of the United States on
or after the 15th day after the date of the enactment of this Act (Oct.
16, 1992).
''(c) Restoration of Nondiscriminatory Treatment. -- Notwithstanding
subsection (b), the President may restore nondiscriminatory treatment to
goods that are the product of Serbia or Montenegro, as the case may be,
30 days after he certifies to the Congress that Serbia or Montenegro, as
the case may be --
''(1) has ceased its armed conflict with the other ethnic peoples of
the region formerly comprising the Socialist Federal Republic of
Yugoslavia;
''(2) has agreed to respect the borders of the 6 republics that
comprised the Socialist Federal Republic of Yugoslavia under the 1974
Yugoslav Constitution; and
''(3) has ceased all support of Serbian forces inside
Bosnia-Hercegovina.''
Pub. L. 102-363, Aug. 26, 1992, 106 Stat. 969, provided: ''That
the Congress approves the extension of nondiscriminatory treatment with
respect to the products of the Republic of Albania transmitted by the
President to the Congress on June 16, 1992.''
Pub. L. 102-197, Dec. 9, 1991, 105 Stat. 1622, provided: ''That
the Congress approves the extension of nondiscriminatory treatment to
the products of the Union of Soviet Socialist Republics transmitted by
the President to the Congress on October 9, 1991.''
Pub. L. 102-182, 1, 2, Dec. 4, 1991, 105 Stat. 1233, provided
that:
''SECTION 1. CONGRESSIONAL FINDINGS AND PREPARATORY PRESIDENTIAL
ACTION.
''(a) Congressional Findings. -- The Congress finds that the Czech
and Slovak Federal Republic and the Republic of Hungary both have --
''(1) dedicated themselves to respect for fundamental human rights;
''(2) accorded to their citizens the right to emigrate and to travel
freely;
''(3) reversed over 40 years of communist dictatorship and embraced
the establishment of political pluralism, free and fair elections, and
multi-party political systems;
''(4) introduced far-reaching economic reforms based on
market-oriented principles and have decentralized economic
decisionmaking; and
''(5) demonstrated a strong desire to build friendly relationships
with the United States.
''(b) Preparatory Presidential Action. -- The Congress notes that the
President in anticipation of the enactment of section 2, has directed
the United States Trade Representative to negotiate with the Czech and
Slovak Federal Republic and the Republic of Hungary, respectively, in
order to --
''(1) preserve the commitments of that country under the bilateral
commercial agreement in effect between that country and the United
States that are consistent with the General Agreement on Tariffs and
Trade; and
''(2) obtain other appropriate commitments.
''SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT OF
1974 TO CZECHOSLOVAKIA AND HUNGARY.
''(a) Presidential Determinations and Extension of Nondiscriminatory
Treatment. -- Notwithstanding any provision of title IV of the Trade Act
of 1974 (19 U.S.C. 2431 et seq.), the President may --
''(1) determine that such title should no longer apply to the Czech
and Slovak Federal Republic or to the Republic of Hungary, or to both;
and
''(2) after making a determination under paragraph (1) with respect
to a country, proclaim the extension of nondiscriminatory treatment
(most-favored-nation treatment) to the products of that country.
''(b) Termination of Application of Title IV. -- On and after the
effective date of the extension under subsection (a)(2) of
nondiscriminatory treatment to the products of a country, title IV of
the Trade Act of 1974 shall cease to apply to that country.''
Pub. L. 102-182, title I, Dec. 4, 1991, 105 Stat. 1235, provided
that:
''SEC. 101. CONGRESSIONAL FINDINGS.
''The Congress finds the following:
''(1) The Government of the United States extended full diplomatic
recognition to Estonia, Latvia, and Lithuania in 1922.
''(2) The Government of the United States entered into agreements
extending most-favored-nation treatment with the Government of Estonia
on August 1, 1925, the Government of Latvia on April 30, 1926, and the
Government of Lithuania on July 10, 1926.
''(3) The Union of Soviet Socialist Republics incorporated Estonia,
Latvia, and Lithuania involuntarily into the Union as a result of a
secret protocol to a German-Soviet agreement in 1939 which assigned
those three states to the Soviet sphere of influence; and the
Government of the United States has at no time recognized the forcible
incorporation of those states into the Union of Soviet Socialist
Republics.
''(4) The Trade Agreements Extension Act of 1951 (see Short Title of
1951 Amendment note set out under section 1654 of this title) required
the President to suspend, withdraw, or prevent the application of trade
benefits, including most-favored-nation treatment, to countries under
the domination or control of the world Communist movement.
''(5) In 1951, responsible representatives of Estonia, Latvia, and
Lithuania stated that they did not object to the imposition of 'such
controls as the Government of the United States may consider to be
appropriate' to the products of those countries, for such time as those
countries remained under Soviet domination or control.
''(6) In 1990, the democratically elected governments of Estonia,
Latvia, and Lithuania declared the restoration of their independence
from the Union of Soviet Socialist Republics.
''(7) The Government of the United States established diplomatic
relations with Estonia, Latvia, and Lithuania on September 2, 1991, and
on September 6, 1991, the State Council of the transitional government
of the Union of Soviet Socialist Republics recognized the independence
of Estonia, Latvia, and Lithuania, thereby ending the involuntary
incorporation of those countries into, and the domination of those
countries by, the Soviet Union.
''(8) Immediate action should be taken to remove the impediments,
imposed in response to the circumstances referred to in paragraph (5),
in United States trade laws to the extension of nondiscriminatory
treatment (most-favored-nation treatment) to the products of those
countries.
''(9) As a consequence of establishment of United States diplomatic
relations with Estonia, Latvia, and Lithuania, these independent
countries are eligible to receive the benefits of the Generalized System
of Preferences provided for in title V of the Trade Act of 1974 (19
U.S.C. 2461 et seq.).
''SEC. 102. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE PRODUCTS
OF ESTONIA, LATVIA, AND LITHUANIA.
''(a) In General. -- Notwithstanding any provision of title IV of the
Trade Act of 1974 (19 U.S.C. 2431 et seq.) or any other provision of
law, nondiscriminatory treatment (most-favored-nation treatment) applies
to the products of Estonia, Latvia, and Lithuania.
''(b) Conforming Tariff Schedule Amendments. -- General Note 3(b) of
the Harmonized Tariff Schedule of the United States is amended by
striking out 'Estonia', 'Latvia', and 'Lithuania'.
''(c) Effective Date. -- Subsection (a) and the amendments made by
subsection (b) apply with respect to goods entered, or withdrawn from
warehouse for consumption, on or after the 15th day after the date of
the enactment of this Act (Dec. 4, 1991).
''SEC. 103. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
OF 1974 TO THE BALTICS.
''Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall
cease to apply to Estonia, Latvia, and Lithuania effective as of the
15th day after the date of the enactment of this Act (Dec. 4, 1991).
''SEC. 104. SENSE OF THE CONGRESS REGARDING PROMPT PROVISION OF GSP
TREATMENT TO THE PRODUCTS OF ESTONIA, LATVIA, AND LITHUANIA.
''It is the sense of the Congress that the President should take
prompt action under title V of the Trade Act of 1974 (19 U.S.C. 2461 et
seq.) to provide preferential tariff treatment to the products of
Estonia, Latvia, and Lithuania pursuant to the Generalized System of
Preferences.''
Pub. L. 102-158, Nov. 13, 1991, 105 Stat. 1041, provided: ''That
the Congress approves the extension of nondiscriminatory treatment to
the products of the People's Republic of Bulgaria transmitted by the
President to the Congress on June 25, 1991.''
Pub. L. 102-157, Nov. 13, 1991, 105 Stat. 1040, provided: ''That
the Congress approves the extension of nondiscriminatory treatment to
the products of the Mongolian People's Republic transmitted by the
President to the Congress on June 25, 1991.''
Pub. L. 101-541, Nov. 8, 1990, 104 Stat. 2380, provided: ''That
the Congress approves the extension of nondiscriminatory treatment with
respect to the products of Czechoslovakia transmitted by the President
to the Congress on September 6, 1990.''
Pub. L. 99-190, 118, Dec. 19, 1985, 99 Stat. 1319, authorized
President to deny nondiscriminatory (most-favored-nation) trade
treatment to the products of Afghanistan and to deny credit, credit
guarantees, and investment guarantees to, or for the benefit of,
Afghanistan under any Federal program, directed President, if such
treatment was not denied, to submit to Congress, 45 days after Dec. 19,
1985, a report with the reasons for not denying such treatment, and
authorized President, if such treatment was denied to restore
nondiscriminatory trade treatment, and to extend credit, credit
guarantees, and investment guarantees. Similar provisions were
contained in Pub. L. 99-190, 101(i) (title V, 552), Dec. 19, 1985,
99 Stat. 1291, 1314. Nondiscriminatory trade treatment to products of
Afghanistan was denied under section 118(a)(1) of Pub. L. 99-190 by
Proc. No. 5437, Jan. 31, 1986, 51 F.R. 4287, and nondiscriminatory
trade treatment was restored under section 118(c)(1) of Pub. L. 99-190
by Determination of the President of the United States, No. 93-3, Oct.
7, 1992, 57 F.R. 47557, set out as a note under section 2374 of Title
22, Foreign Relations and Intercourse.
Proc. No. 4369, Apr. 24, 1975, 40 F.R. 18389, provided:
Pursuant to the authority vested in me by the United States
Constitution, I, as President of the United States of America, acting
through duly empowered representatives, entered into negotiation with
duly empowered representatives of the Socialist Republic of Romania
looking toward the conclusion of an agreement governing trade relations
between the United States of America and the Socialist Republic of
Romania;
The aforesaid negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (P.L. 93-618, January 3, 1975; 88
Stat. 1978) (this chapter);
An ''Agreement on Trade Relations between the United States of
America and the Socialist Republic of Romania,'' including the annexes
thereto, in the English and Romanian languages, was signed on April 2,
1975, by duly empowered representatives of the Governments of the United
States of America and the Socialist Republic of Romania, respectively,
and is hereto annexed (not set out in the Code);
The said Agreement is in conformity with the requirements relating to
bilateral commercial agreements as specified in section 405(b) of the
Trade Act of 1974 (88 Stat. 1978, 2061) (section 2435(b) of this title);
It is provided in Article XII of the said Agreement that it shall
enter into force on the date of exchange of written notices of
acceptance by the Governments of the United States of America and the
Socialist Republic of Romania; and
It is provided in section 405(c) of the Trade Act of 1974 (88 Stat.
1978, 2061) (section 2435(c) of this title) that a bilateral commercial
agreement providing nondiscriminatory treatment to the products of
countries heretofore denied such treatment, and a proclamation
implementing such agreement, shall take effect only if approved by the
Congress by the adoption of a concurrent resolution of approval,
referred to in section 151 of the Trade Act of 1974 (88 Stat. 1978,
2001) (section 2191 of this title), of the extension of
nondiscriminatory treatment to the products of the country concerned;
NOW, THEREFORE, I, GERALD R. FORD, President of the United States of
America, acting under the authority vested in me by the Constitution and
the statutes, including section 404(a) of the Trade Act of 1974 (subsec.
(a) of this section), do hereby proclaim as follows:
(1) This Proclamation shall become effective and said agreement shall
enter into force according to its terms, and nondiscriminatory treatment
shall be extended to the products of the Socialist Republic of Romania
in accordance with the terms of the said Agreement, on the date of
exchange of written notices of acceptance in accordance with Article XII
of the said Agreement, all of the foregoing to follow the adoption by
the House of Representatives and the Senate, in accordance with the
procedures set forth in section 151 of the said Act (section 2191 of
this title), of a concurrent resolution of approval of the extension of
nondiscriminatory treatment to the products of the Socialist Republic of
Romania, to the end that the same and every part of the said Agreement
may be observed and fulfilled with good faith by the United States of
America and the citizens thereof and all other persons subject to the
jurisdiction thereof as of the date of its entry into force; and
(2) General Headnote 3(e) of the Tariff Schedules of the United
States (section 1202 of this title) is amended by deleting therefrom
''Rumania'' as of the effective date of this proclamation and a notice
thereof shall be published in the Federal Register promptly thereafter.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth
day of April, in the year of our Lord one thousand nine hundred
seventy-five, and of the Independence of the United States of America
the one hundred ninety-ninth.
Gerald R. Ford.
S. Con. Res. 35, July 28, 1975, 89 Stat. 1202, provided: ''That the
Congress approves the extension of nondiscriminatory treatment with
respect to the products of the Socialist Republic of Romania transmitted
by the President to the Congress on April 25, 1975.''
Determination of the President of the United States, No. 90-28, July
3, 1990, 55 F.R. 27797, provided:
Pursuant to my authority under subsection 405(b)(1) of the Trade Act
of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual or
foreseeable reductions in United States tariffs and nontariff trade
barriers resulting from multilateral negotiations are satisfactorily
reciprocated by Romania. I have further found that a satisfactory
balance of concessions in trade and services has been maintained during
the life of the Agreement on Trade Relations between the United States
of America and Romania.
These determinations and findings shall be published in the Federal
Register.
George Bush.
Prior findings and determinations for Romania were contained in the
following:
Determination of the President of the United States, No. 87-16, June
24, 1987, 52 F.R. 23931.
Determination of the President of the United States, No. 84-10, May
31, 1984.
Determination of the President of the United States, No. 81-9, June
2, 1981.
Proc. No. 4560, Apr. 7, 1978, 43 F.R. 15125, provided:
As President of the United States of America, acting through my
representatives, I entered into the negotiation of an agreement on trade
relations between the United States of America and the Hungarian
People's Republic with representatives of the Hungarian People's
Republic;
The negotiations were conducted in accordance with the requirements
of the Trade Act of 1974 (P.L. 93-618, January 3, 1975; 88 Stat. 1978)
(''the Act'') (this chapter);
An ''Agreement on Trade Relations between the United States of
America and the Hungarian People's Republic,'' in English and Hungarian,
was signed on March 17, 1978, by representatives of the two Governments,
and is annexed to this Proclamation (not set out in the Code);
The Agreement conforms to the requirements relating to bilateral
commercial agreements specified in Section 405(b) of the Act (section
2435(b) of this title);
Article XI of the Agreement provides that it shall enter into force
on the date of exchange of written notices of acceptance by the
Governments of the United States of America and the Hungarian People's
Republic; and
Section 405(c) of the Act (section 2435(c) of this title) provides
that a bilateral commercial agreement and a proclamation implementing
such agreement shall take effect only if approved by the Congress;
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of
America, proclaim as follows:
(1) This Proclamation shall become effective, said Agreement shall
enter into force according to its terms, and nondiscriminatory treatment
shall be extended to the products of the Hungarian People's Republic in
accordance with the terms of the said Agreement, on the date of exchange
of written notices of acceptance in accordance with Article XI of the
said Agreement; and
(2) General Headnote 3(e) of the Tariff Schedules of the United
States (section 1202 of this title) is amended by deleting therefrom
''Hungary'' as of the effective date of this proclamation and a notice
thereof shall be published in the Federal Register promptly thereafter.
IN WITNESS WHEREOF, I have signed this Proclamation this seventh day
of April, in the year of our Lord one thousand nine hundred
seventy-eight, and of the Independence of the United States of America
the two hundred second.
Jimmy Carter.
Determination of the President of the United States, No. 90-27, June
22, 1990, 55 F.R. 25945, provided:
Pursuant to my authority under subsection 405(b)(1) of the Trade Act
of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual or
foreseeable reductions in U.S. tariffs and non-tariff trade barriers
resulting from multilateral negotiations are satisfactorily reciprocated
by the Republic of Hungary. I have further found that a satisfactory
balance of concessions in trade and services has been maintained during
the life of the Agreement on Trade Relations between the United States
of America and the Republic of Hungary.
These determinations and findings shall be published in the Federal
Register.
George Bush.
Prior findings and determinations for Hungarian People's Republic and
Socialist Republic of Romania were contained in the following:
Determination of the President of the United States, No. 87-15, June
23, 1987, 52 F.R. 23785.
Determination of the President of the United States, No. 84-10, May
31, 1984, 49 F.R. 23025.
Determination of the President of the United States, No. 81-9, June
2, 1981, 46 F.R. 29921.
Proc. No. 4697, Oct. 23, 1979, 44 F.R. 61161, provided:
As President of the United States of America, acting through my
representatives, I entered into the negotiation of an agreement on trade
relations between the United States of America and the People's Republic
of China with representatives of the People's Republic of China;
The negotiations were conducted in accordance with the requirements
of the Trade Act of 1974 (P.L. 93-618, January 3, 1975; 88 Stat. 1978)
(''the Act'') (this chapter);
An ''Agreement on Trade Relations between the United States of
America and the People's Republic of China'', in English and Chinese,
was signed on July 7, 1979, by representatives of the two Governments,
and is annexed to this Proclamation (not set out in the Code);
The Agreement conforms to the requirements relating to bilateral
commercial agreements specified in section 405(b) of the Act (19 U.S.C.
2435(b));
Article X of the Agreement provides that it shall come into force on
the date on which the Contracting Parties have exchanged notifications
that each has completed the legal procedures necessary for this purpose;
and
Section 405(c) of the Act (19 U.S.C. 2435(c)) provides that a
bilateral commercial agreement and a proclamation implementing such
agreement shall take effect only if approved by the Congress;
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of
America, proclaim as follows:
(1) This Proclamation shall become effective, said Agreement shall
enter into force according to its terms, and nondiscriminatory treatment
shall be extended to the products of the People's Republic of China in
accordance with the terms of the said Agreement, on the date on which
the Contracting Parties have exchanged notifications that each has
completed the legal procedures necessary for this purpose in accordance
with Article X of the said Agreement.
(2) General Headnote 3(e) of the Tariff Schedules of the United
States (section 1202 of this title) is amended by deleting therefrom
''China (any part of which may be under Communist domination or
control)'' and ''Tibet'' as of the effective date of this proclamation
and a notice thereof shall be published in the Federal Register promptly
thereafter.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day
of October, in the year of our Lord nineteen hundred and seventy-nine,
and of the Independence of the United States of America the two hundred
and fourth.
Jimmy Carter.
Determination of President of the United States, No. 92-12, Jan.
31, 1992, 57 F.R. 19077, provided:
Pursuant to my authority under subsection 405(b)(1) of the Trade Act
of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual or
foreseeable reductions in United States tariffs and nontariff barriers
to trade resulting from multilateral negotiations are satisfactorily
reciprocated by the People's Republic of China. I have further found
that a satisfactory balance of concessions in trade and services has
been maintained during the life of the Agreement on Trade Relations
between the United States of America and the People's Republic of China.
You are authorized and directed to publish this memorandum in the
Federal Register.
George Bush.
Prior findings and determinations for the People's Republic of China
were contained in the following:
Memorandum of the President of the United States, Dec. 19, 1988, 53
F.R. 51217.
Memorandum of the President of the United States, Dec. 23, 1982, 47
F.R. 57653.
Proc. No. 6175, Sept. 6, 1990, 55 F.R. 37643, provided:
1. Pursuant to the authority vested in me by the Constitution and the
laws of the United States, as President of the United States of America,
I, acting through duly empowered representatives, entered into
negotiations with representatives of the Czech and Slovak Federal
Republic to conclude an agreement on trade relations between the United
States of America and the Czech and Slovak Federal Republic.
2. These negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (P.L. 93-618, January 3, 1975; 88
Stat. 1978), as amended (the ''Trade Act'') (this chapter).
3. As a result of these negotiations, an ''Agreement on Trade
Relations Between the Government of the United States of America and the
Government of the Czechoslovak Federative Republic,'' including
exchanges of letters which form an integral part of the Agreement, the
foregoing in English and Czech, was signed on April 12, 1990, by duly
empowered representatives of the two Governments and is set forth as an
annex to this proclamation (not set out in the Code).
4. This Agreement conforms to the requirements relating to bilateral
commercial agreements set forth in section 405(b) of the Trade Act (19
U.S.C. 2435(b)).
5. Article XVIII of the Agreement provides that the Agreement shall
enter into force on the date of exchange of written notices of
acceptance by the two Governments.
6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides that
a bilateral commercial agreement providing nondiscriminatory treatment
to the products of a country heretofore denied such treatment, and a
proclamation implementing such agreement, shall take effect only if
approved by the Congress under the provisions of that Act (this
chapter).
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (see 19 U.S.C. 1202) the substance of the provisions of that Act,
of (or) other acts affecting import treatment, and actions taken
thereunder.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
404, 405 and 604 of the Trade Act of 1974, as amended (19 U.S.C. 2434,
2435, 2483), do proclaim that:
(1) This proclamation shall become effective, said Agreement shall
enter into force, and nondiscriminatory treatment shall be extended to
the products of the Czech and Slovak Federal Republic, in accordance
with the terms of said Agreement, on the date of exchange of written
notices of acceptance in accordance with Article XVIII of said
Agreement. The United States Trade Representative shall publish notice
of the effective date in the Federal Register.
(2) Effective with respect to articles entered, or withdrawn from
warehouse for consumption, into the customs territory of the United
States on or after the date provided in paragraph (1) of this
proclamation, general note 3(b) of the Harmonized Tariff Schedule of the
United States, enumerating those countries whose products are subject to
duty at the rates set forth in rate of duty column 2 of the tariff
schedule, is modified by striking out ''Czechoslovakia''.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
September, in the year of our Lord nineteen hundred and ninety, and of
the Independence of the United States of America the two hundred and
fifteenth.
George Bush.
Memorandum of the President of the United States, Sept. 6, 1990, 55
F.R. 39259, provided:
Memorandum for the Secretary of State
Pursuant to the authority vested in me under the Trade Act of 1974
(P.L. 93-618, January 3, 1975; 88 Stat. 1978), as amended (the ''Trade
Act'') (this chapter), I determine, pursuant to section 405(a) of the
Trade Act (19 U.S.C. 2435(a)), that the ''Agreement on Trade Relations
Between the Government of the United States of America and the
Government of the Czechoslovak Federative Republic'' will promote the
purposes of the Trade Act and is in the national interest.
You are authorized and directed to transmit copies of this
determination to appropriate members (sic) of Congress and to publish it
in the Federal Register.
George Bush.
Proc. No. 6307, June 24, 1991, 56 F.R. 29787, provided:
1. Pursuant to the authority vested in me by the Constitution and the
laws of the United States, as President of the United States of America,
I, acting through duly empowered representatives, entered into
negotiations with representatives of the Republic of Bulgaria to
conclude an agreement on trade relations between the United States of
America and the Republic of Bulgaria.
2. These negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (Public Law 93-618, January 3,
1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this chapter).
3. As a result of these negotiations, an ''Agreement on Trade
Relations Between the Government of the United States of America and the
Government of the Republic of Bulgaria,'' including exchanges of letters
which form an integral part of the Agreement, the foregoing in English
and Bulgarian, was signed on April 22, 1991, by duly empowered
representatives of the two Governments and is set forth as an annex to
this proclamation (not set out in the Code).
4. This Agreement conforms to the requirements relating to bilateral
commercial agreements set forth in section 405(b) of the Trade Act (19
U.S.C. 2435(b)).
5. Article XVII of the Agreement provides that the Agreement shall
enter into force on the date of exchange of written notices of
acceptance by the two Governments.
6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides that
a bilateral commercial agreement providing nondiscriminatory treatment
to the products of a country heretofore denied such treatment, and a
proclamation implementing such agreement, shall take effect only if
approved by the Congress under the provisions of that Act.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (see 19 U.S.C. 1202) the substance of the provisions of that Act,
of other acts affecting import treatment, and actions taken thereunder.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
404, 405, and 604 of the Trade Act of 1974, as amended (19 U.S.C. 2434,
2435, 2483), do proclaim that:
(1) This proclamation shall become effective, said Agreement shall
enter into force, and nondiscriminatory treatment shall be extended to
the products of the Republic of Bulgaria, in accordance with the terms
of said Agreement, on the date of exchange of written notices of
acceptance in accordance with Article XVII of said Agreement. The
United States Trade Representative shall publish notice of the effective
date in the Federal Register.
(2) Effective with respect to articles entered, or withdrawn from
warehouse for consumption, into the customs territory of the United
States on or after the date provided in paragraph (1) of this
proclamation, general note 3(b) of the Harmonized Tariff Schedule of the
United States, enumerating those countries whose products are subject to
duty at the rates set forth in rate of duty column 2 of the tariff
schedule, is modified by striking out ''Bulgaria''.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth
day of June, in the year of our Lord nineteen hundred and ninety-one,
and of the Independence of the United States of America the two hundred
and fifteenth.
George Bush.
Determination of President of the United States, No. 91-43, June 24,
1991, 56 F.R. 31037, provided:
Pursuant to the authority vested in me under the Trade Act of 1974
(Public Law 93-618, January 3, 1975; 88 Stat. 1978), as amended (the
''Trade Act'') (this chapter), I determine, pursuant to section 405(a)
of the Trade Act (19 U.S.C. 2435(a)), that the ''Agreement on Trade
Relations Between the Government of the United States of America and the
Government of the Republic of Bulgaria'' will promote the purposes of
the Trade Act and is in the national interest.
You are authorized and directed to transmit copies of this
determination to the appropriate Members of Congress and to publish it
in the Federal Register.
George Bush.
Proc. No. 6308, June 24, 1991, 56 F.R. 29834, provided:
1. Pursuant to the authority vested in me by the Constitution and the
laws of the United States, as President of the United States of America,
I, acting through duly empowered representatives, entered into
negotiations with representatives of the Mongolian People's Republic to
conclude an agreement on trade relations between the United States of
America and the Mongolian People's Republic.
2. These negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (Public Law 93-618, January 3,
1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this chapter).
3. As a result of these negotiations, an ''Agreement on Trade
Relations Between the Government of the United States of America and the
Government of the Mongolian People's Republic,'' including exchanges of
letters which form an integral part of the Agreement, the foregoing in
English and Mongolian, was signed on January 23, 1991, by duly empowered
representatives of the two Governments and is set forth as an annex to
this proclamation (not set out in the Code).
4. This Agreement conforms to the requirements relating to bilateral
commercial agreements set forth in section 405(b) of the Trade Act (19
U.S.C. 2435(b)).
5. Article XVII of the Agreement provides that the Agreement shall
enter into force on the date of exchange of written notices of
acceptance by the two Governments.
6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides that
a bilateral commercial agreement providing nondiscriminatory treatment
to the products of a country heretofore denied such treatment, and a
proclamation implementing such agreement, shall take effect only if
approved by the Congress under the provisions of that Act.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (see 19 U.S.C. 1202) the substance of the provisions of that Act,
of other acts affecting import treatment, and actions taken thereunder.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
404, 405, and 604 of the Trade Act of 1974, as amended (19 U.S.C. 2434,
2435, 2483), do proclaim that:
(1) This proclamation shall become effective, said Agreement shall
enter into force, and nondiscriminatory treatment shall be extended to
the products of the Mongolian People's Republic, in accordance with the
terms of said Agreement, on the date of exchange of written notices of
acceptance in accordance with Article XVII of said Agreement. The
United States Trade Representative shall publish notice of the effective
date in the Federal Register.
(2) Effective with respect to articles entered, or withdrawn from
warehouse for consumption, into the customs territory of the United
States on or after the date provided in paragraph (1) of this
proclamation, general note 3(b) of the Harmonized Tariff Schedule of the
United States, enumerating those countries whose products are subject to
duty at the rates set forth in rate of duty column 2 of the tariff
schedule, is modified by striking out ''Mongolia''.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth
day of June, in the year of our Lord nineteen hundred and ninety-one,
and of the Independence of the United States of America the two hundred
and fifteenth.
George Bush.
Determination of President of the United States, No. 91-44, June 24,
1991, 56 F.R. 31039, provided:
Pursuant to the authority vested in me under the Trade Act of 1974
(Public Law 93-618, January 3, 1975; 88 Stat. 1978), as amended (the
''Trade Act'') (this chapter), I determine, pursuant to section 405(a)
of the Trade Act (19 U.S.C. 2435(a)), that the ''Agreement on Trade
Relations Between the Government of the United States of America and the
Government of the Mongolian People's Republic'' will promote the
purposes of the Trade Act and is in the national interest.
You are authorized and directed to transmit copies of this
determination to the appropriate Members of Congress and to publish it
in the Federal Register.
George Bush.
Proc. No. 6320, Aug. 2, 1991, 56 F.R. 37407, provided:
1. Pursuant to the authority vested in me by the Constitution and the
laws of the United States, as President of the United States of America,
I, acting through duly empowered representatives, entered into
negotiations with representatives of the Union of Soviet Socialist
Republics to conclude an agreement on trade relations between the United
States of America and the Union of Soviet Socialist Republics.
2. These negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (Public Law 93-618, January 3,
1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this chapter).
3. As a result of these negotiations, an ''Agreement on Trade
Relations Between the United States of America and the Union of Soviet
Socialist Republics,'' including annexes and exchanges of letters which
form an integral part of the Agreement, the foregoing in English and
Russian, was signed on June 1, 1990, by duly empowered representatives
of the two Governments and is set forth as an annex to this proclamation
(not set out in the Code).
4. This Agreement conforms to the requirements relating to bilateral
commercial agreements set forth in section 405(b) of the Trade Act (19
U.S.C. 2435(b)).
5. Article XVII of the Agreement provides that the Agreement shall
enter into force on the date of exchange of written notices of
acceptance by the two Governments.
6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides that
a bilateral commercial agreement providing nondiscriminatory treatment
to the products of a country heretofore denied such treatment, and a
proclamation implementing such agreement, shall take effect only if
approved by the Congress under the provisions of that Act.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (see 19 U.S.C. 1202) the substance of the provisions of that Act,
of other acts affecting import treatment, and actions taken thereunder.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
404, 405, and 604 of the Trade Act of 1974, as amended (19 U.S.C. 2434,
2435, 2483), do proclaim that:
(1) This proclamation shall become effective, said Agreement shall
enter into force, and nondiscriminatory treatment shall be extended to
the products of the Union of Soviet Socialist Republics, in accordance
with the terms of said Agreement, on the date of exchange of written
notices of acceptance in accordance with Article XVII of said Agreement.
The United States Trade Representative shall publish notice of the
effective date in the Federal Register. On such date, and without
prejudice to the long-standing U.S. policy of not recognizing the
forcible incorporation of Estonia, Latvia, and Lithuania into the Soviet
Union, nondiscriminatory tariff treatment shall also be extended to the
products of Estonia, Latvia, and Lithuania.
(2) Effective with respect to articles entered, or withdrawn from
warehouse for consumption, into the customs territory of the United
States on or after the date provided in paragraph (1) of this
proclamation, general note 3(b) to the Harmonized Tariff Schedule of the
United States, enumerating those countries whose products are subject to
duty at the rates set forth in Rates of Duty Column 2 of the tariff
schedule, is modified by striking out ''Estonia'', ''Latvia'',
''Lithuania'', and ''Union of Soviet Socialist Republics''.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
August, in the year of our Lord nineteen hundred and ninety-one, and of
the Independence of the United States of America the two hundred and
sixteenth.
George Bush.
Determination of President of the United States, No. 91-47, Aug. 2,
1991, 56 F.R. 40741, provided:
Pursuant to the authority vested in me under the Trade Act of 1974
(Public Law 93-618, January 3, 1975; 88 Stat. 1978), as amended (the
''Trade Act'') (this chapter), I determine, pursuant to section 405(a)
of the Trade Act (19 U.S.C. 2435(a)), that the ''Agreement on Trade
Relations Between the United States of America and the Union of Soviet
Socialist Republics'' will promote the purposes of the Trade Act and is
in the national interest.
You are authorized and directed to transmit copies of this
determination to the appropriate Members of Congress and to publish it
in the Federal Register.
George Bush.
Proc. No. 6352, Oct. 9, 1991, 56 F.R. 51317, provided:
1. Pursuant to the authority vested in me by the Constitution and the
laws of the United States, as President of the United States of America,
I, acting through duly empowered representatives, entered into
negotiations with representatives of the Union of Soviet Socialist
Republics to conclude an agreement on trade relations between the United
States of America and the Union of Soviet Socialist Republics.
2. These negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (Public Law 93-618, January 3,
1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this chapter).
3. As a result of these negotiations, an ''Agreement on Trade
Relations Between the United States of America and the Union of Soviet
Socialist Republics,'' including annexes and exchanges of letters which
form an integral part of the Agreement, the foregoing in English and
Russian, was signed on June 1, 1990, by duly empowered representatives
of the two Governments and is set forth as an annex to this proclamation
(not set out in the Code).
4. This Agreement conforms to the requirements relating to bilateral
commercial agreements set forth in section 405(b) of the Trade Act (19
U.S.C. 2435(b)).
5. Article XVII of the Agreement provides that the Agreement shall
enter into force on the date of exchange of written notices of
acceptance by the two Governments.
6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides that
a bilateral commercial agreement providing nondiscriminatory treatment
to the products of a country heretofore denied such treatment, and a
proclamation implementing such agreement, shall take effect only if
approved by the Congress under the provisions of that Act.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (see 19 U.S.C. 1202) the substance of the provisions of that Act,
of other acts affecting import treatment, and actions taken thereunder.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
404, 405, and 604 of the Trade Act of 1974, as amended (19 U.S.C. 2434,
2435, 2483), do proclaim that:
(1) This proclamation shall become effective, said Agreement shall
enter into force, and nondiscriminatory treatment shall be extended to
the products of the Union of Soviet Socialist Republics, in accordance
with the terms of said Agreement, on the date of exchange of written
notices of acceptance in accordance with Article XVII of said Agreement.
The United States Trade Representative shall publish notice of the
effective date in the Federal Register.
(2) Effective with respect to articles entered, or withdrawn from
warehouse for consumption, into the customs territory of the United
States on or after the date provided in paragraph (1) of this
proclamation, general note 3(b) to the Harmonized Tariff Schedule of the
United States, enumerating those countries whose products are subject to
duty at the rates set forth in Rates of Duty Column 2 of the tariff
schedule, is modified by striking out ''Union of Soviet Socialist
Republics''.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord nineteen hundred and ninety-one, and of
the Independence of the United States of America the two hundred and
sixteenth.
George Bush.
Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865, provided:
Pursuant to section 2 of Public Law 102-182, 105 Stat. 1233 (set out
as a note above), and having due regard for the findings of the Congress
in section 1 of said law, I have determined that title IV of the Trade
Act of 1974 (19 U.S.C. 2431-2441) should no longer apply to the Czech
and Slovak Federal Republic or to the Republic of Hungary.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
section 2 of Public Law 102-182, do proclaim that:
(1) Nondiscriminatory treatment (most-favored-nation treatment) shall
be extended to the products of the Czech and Slovak Federal Republic and
to the products of the Republic of Hungary.
(2) Any provisions of previous proclamations and Executive orders
inconsistent with the provisions of this proclamation are hereby
superseded to the extent of such inconsistency.
(3) The extension of nondiscriminatory treatment to the products of
the Czech and Slovak Federal Republic and the Republic of Hungary shall
be effective on the date of publication of this proclamation in the
Federal Register (Apr. 14, 1992).
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
April, in the year of our Lord nineteen hundred and ninety-two, and of
the Independence of the United States of America the two hundred and
sixteenth.
George Bush.
Determination of President of the United States, No. 92-21, Apr.
10, 1992, 57 F.R. 12863, provided:
Pursuant to section 2(a)(1) of Public Law 102-182, 105 Stat. 1233
(set out as a note above), and having due regard for the findings of the
Congress in section 1 of said law, I hereby determine that title IV of
the Trade Act of 1974 (19 U.S.C. 2431-2441) should no longer apply to
the Czech and Slovak Federal Republic or to the Republic of Hungary.
This determination shall be published in the Federal Register.
George Bush.
Proc. No. 6445, June 15, 1992, 57 F.R. 26921, provided:
1. Pursuant to the authority vested in me by the Constitution and the
laws of the United States, as President of the United States of America,
I, acting through duly empowered representatives, entered into
negotiations with representatives of Albania to conclude an agreement on
trade relations between the United States of America and Albania.
2. These negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (Public Law 93-618, January 3,
1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this chapter).
3. As a result of these negotiations, an ''Agreement on Trade
Relations Between the United States of America and the Republic of
Albania,'' including exchanges of letters which form an integral part of
the Agreement, the foregoing in English and Albanian, was signed on May
14, 1992, by duly empowered representatives of the two Governments and
is set forth as an annex to this proclamation (not set out in the Code).
4. This Agreement conforms to the requirements relating to bilateral
commercial agreements set forth in section 405(b) of the Trade Act (19
U.S.C. 2435(b)).
5. Article XVII of the Agreement provides that the Agreement shall
enter into force on the date of exchange of written notices of
acceptance by the two Governments.
6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides that
a bilateral commercial agreement providing nondiscriminatory treatment
to the products of a country heretofore denied such treatment, and a
proclamation implementing such agreement, shall take effect only if
approved by the Congress under the provisions of that Act.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (see 19 U.S.C. 1202) the substance of the provisions of that Act,
of (or) other acts affecting import treatment, and actions taken
thereunder.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
404, 405, and 604 of the Trade Act of 1974, as amended (19 U.S.C. 2434,
2435, 2483), do proclaim that:
(1) This proclamation shall become effective, said Agreement shall
enter into force, and nondiscriminatory treatment shall be extended to
the products of Albania, in accordance with the terms of said Agreement,
on the date of exchange of written notices of acceptance in accordance
with Article XVII of said Agreement. The United States Trade
Representative shall publish notice of the effective date in the Federal
Register.
(2) Effective with respect to articles entered, or withdrawn from
warehouse for consumption, into the customs territory of the United
States on or after the date provided in paragraph (1) of this
proclamation, general note 3(b) of the Harmonized Tariff Schedule of the
United States, enumerating those countries whose products are subject to
duty at the rates set forth in rate of duty column 2 of the tariff
schedule, is modified by striking out ''Albania''.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
June, in the year of our Lord nineteen hundred and ninety-two, and of
the Independence of the United States of America the two hundred and
sixteenth.
George Bush.
Determination of President of the United States, No. 92-33, June 15,
1992, 57 F.R. 28583, provided:
Pursuant to the authority vested in me under the Trade Act of 1974
(Public Law 93-618, January 3, 1975; 88 Stat. 1978), as amended (the
''Trade Act'') (this chapter), I determine, pursuant to section 405(a)
of the Trade Act (19 U.S.C. 2435(a)), that the ''Agreement on Trade
Relations Between the United States of America and the Republic of
Albania'' will promote the purposes of the Trade Act and is in the
national interest.
You are authorized and directed to transmit copies of this
determination to the appropriate Members of Congress and to publish it
in the Federal Register.
George Bush.
Proc. No. 6449, June 22, 1992, 57 F.R. 28033, provided:
1. Pursuant to the authority vested in me by the Constitution and the
laws of the United States, as President of the United States of America,
I, acting through duly empowered representatives, entered into
negotiations with representatives of Romania to conclude an agreement on
trade relations between the United States of America and Romania.
2. These negotiations were conducted in accordance with the
requirements of the Trade Act of 1974 (Public Law 93-618, January 3,
1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this chapter).
3. As a result of these negotiations, an ''Agreement on Trade
Relations Between the Government of the United States of America and the
Government of Romania,'' including exchanges of letters which form an
integral part of the Agreement, the foregoing in English and Romanian,
was signed on April 3, 1992, by duly empowered representatives of the
two Governments and is set forth as an annex to this proclamation (not
set out in the Code).
4. This Agreement conforms to the requirements relating to bilateral
commercial agreements set forth in section 405(b) of the Trade Act (19
U.S.C. 2435(b)).
5. Article XVI of the Agreement provides that the Agreement shall
enter into force on the date of exchange of written notices of
acceptance by the two Governments.
6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides that
a bilateral commercial agreement providing nondiscriminatory treatment
to the products of a country heretofore denied such treatment, and a
proclamation implementing such agreement, shall take effect only if
approved by the Congress under the provisions of that Act.
7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the
President to embody in the Harmonized Tariff Schedule of the United
States (see 19 U.S.C. 1202) the substance of the provisions of that Act,
of (or) other acts affecting import treatment, and actions taken
thereunder.
NOW, THEREFORE, I, GEORGE BUSH, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
404, 405, and 604 of the Trade Act of 1974, as amended (19 U.S.C. 2434,
2435, 2483), do proclaim that:
(1) This proclamation shall become effective, said Agreement shall
enter into force, and nondiscriminatory treatment shall be extended to
the products of Romania, in accordance with the terms of said Agreement,
on the date of exchange of written notices of acceptance in accordance
with Article XVI of said Agreement. The United States Trade
Representative shall publish notice of the effective date in the Federal
Register.
(2) Effective with respect to articles entered, or withdrawn from
warehouse for consumption, into the customs territory of the United
States on or after the date provided in paragraph (1) of this
proclamation, general note 3(b) of the Harmonized Tariff Schedule of the
United States, enumerating those countries whose products are subject to
duty at the rates set forth in rate of duty column 2 of the tariff
schedule, is modified by striking out ''Romania''.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second
day of June, in the year of our Lord nineteen hundred and ninety-two,
and of the Independence of the United States of America the two hundred
and sixteenth.
George Bush.
Determination of President of the United States, No. 92-34, June 22,
1992, 57 F.R. 30099, provided:
Pursuant to the authority vested in me under the Trade Act of 1974
(Public Law 93-618, January 3, 1975; 88 Stat. 1978), as amended (the
''Trade Act'') (this chapter), I determine, pursuant to section 405(a)
of the Trade Act (19 U.S.C. 2435(a)), that the ''Agreement on Trade
Relations Between the Government of the United States of America and the
Government of Romania'' will promote the purposes of the Trade Act and
is in the national interest.
You are authorized and directed to transmit copies of this
determination to the appropriate Members of Congress and to publish it
in the Federal Register.
George Bush.
19 USC 2435. Commercial agreements
TITLE 19 -- CUSTOMS DUTIES
(a) Presidential authority
Subject to the provisions of subsections (b) and (c) of this section,
the President may authorize the entry into force of bilateral commercial
agreements providing nondiscriminatory treatment to the products of
countries heretofore denied such treatment whenever he determines that
such agreements with such countries will promote the purposes of this
chapter and are in the national interest.
(b) Terms of agreements
Any such bilateral commercial agreement shall --
(1) be limited to an initial period specified in the agreement which
shall be no more than 3 years from the date the agreement enters into
force; except that it may be renewable for additional periods, each not
to exceed 3 years; if --
(A) a satisfactory balance of concessions in trade and services has
been maintained during the life of such agreement, and
(B) the President determines that actual or foreseeable reductions in
United States tariffs and nontariff barriers to trade resulting from
multilateral negotiations are satisfactorily reciprocated by the other
party to the bilateral agreement;
(2) provide that it is subject to suspension or termination at any
time for national security reasons, or that the other provisions of such
agreement shall not limit the rights of any party to take any action for
the protection of its security interests;
(3) include safeguard arrangements (A) providing for prompt
consultations whenever either actual or prospective imports cause or
threaten to cause, or significantly contribute to, market disruption and
(B) authorizing the imposition of such import restrictions as may be
appropriate to prevent such market disruption;
(4) if the other party to the bilateral agreement is not a party to
the Paris Convention for the Protection of Industrial Property, provide
rights for United States nationals with respect to patents and
trademarks in such country not less than the rights specified in such
convention;
(5) if the other party to the bilateral agreement is not a party to
the Universal Copyright Convention, provide rights for United States
nationals with respect to copyrights in such country not less than the
rights specified in such convention;
(6) in the case of an agreement entered into or renewed after January
3, 1975, provide arrangements for the protection of industrial rights
and processes;
(7) provide arrangements for the settlement of commercial differences
and disputes;
(8) in the case of an agreement entered into or renewed after January
3, 1975, provide arrangements for the promotion of trade, which may
include arrangements for the establishment or expansion of trade and
tourist promotion offices, for facilitation of activities of
governmental commercial officers, participation in trade fairs and
exhibits, and the sending of trade missions, and for facilitation of
entry, establishment, and travel of commercial representatives;
(9) provide for consultations for the purpose of reviewing the
operation of the agreement and relevant aspects of relations between the
United States and the other party; and
(10) provide such other arrangements of a commercial nature as will
promote the purposes of this chapter.
(c) Congressional action
An agreement referred to in subsection (a) of this section, and a
proclamation referred to in section 2434(a) of this title implementing
such agreement, shall take effect only if a joint resolution described
in section 2191(b)(3) of this title that approves of the agreement
referred to in subsection (a) of this section is enacted into law.
(Pub. L. 93-618, title IV, 405, Jan. 3, 1975, 88 Stat. 2061; Pub.
L. 96-39, title XI, 1106(f)(3), July 26, 1979, 93 Stat. 312; Pub. L.
101-382, title I, 132(b)(1), Aug. 20, 1990, 104 Stat. 645.)
This chapter, referred to in subsecs. (a) and (b)(10), was in the
original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
1978, as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see References in Text
note set out under section 2101 of this title and Tables.
The Universal Copyright Convention, referred to in subsec. (b)(5),
is set out under section 9 of Title 17, Copyrights.
1990 -- Subsec. (c). Pub. L. 101-382 amended subsec. (c) generally.
Prior to amendment, subsec. (c) read as follows: ''An agreement
referred to in subsection (a) of this section, and a proclamation
referred to in section 2434(a) of this title implementing such
agreement, shall take effect only if (1) approved by the Congress by the
adoption of a concurrent resolution referred to in section 2191 of this
title, or (2) in the case of an agreement entered into before January 3,
1975, and a proclamation implementing such agreement, a resolution of
disapproval referred to in section 2192 of this title is not adopted
during the 90-day period specified by section 2437(c)(2) of this
title.''
1979 -- Subsec. (b)(8). Pub. L. 96-39 substituted ''may include
arrangements'' for ''may include those''.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
19 USC 2436. Market disruption
TITLE 19 -- CUSTOMS DUTIES
(a) Investigation by International Trade Commission; report;
publication
(1) Upon the filing of a petition by an entity described in section
2252(a) of this title, upon request of the President or the United
States Trade Representative, upon resolution of either the Committee on
Ways and Means of the House of Representatives or the Committee on
Finance of the Senate, or on its own motion, the International Trade
Commission (hereafter in this section referred to as the ''Commission'')
shall promptly make an investigation to determine, with respect to
imports of an article which is the product of a Communist country,
whether market disruption exists with respect to an article produced by
a domestic industry.
(2) The provisions of subsections (a)(3), (b)(4), and (c)(4) of
section 2252 of this title shall apply with respect to investigations by
the Commission under paragraph (1).
(3) The Commission shall report to the President its determination
with respect to each investigation under paragraph (1) and the basis
therefor and shall include in each report any dissenting or separate
views. If the Commission finds, as a result of its investigation, that
market disruption exists with respect to an article produced by a
domestic industry, it shall find the amount of the increase in, or
imposition of, any duty or other import restriction on such article
which is necessary to prevent or remedy such market disruption and shall
include such finding in its report to the President. The Commission
shall furnish to the President a transcript of the hearings and any
briefs which may have been submitted in connection with each
investigation.
(4) The report of the Commission of its determination with respect to
an investigation under paragraph (1) shall be made at the earliest
practicable time, but not later than 3 months after the date on which
the petition is filed (or the date on which the request or resolution is
received or the motion is adopted, as the case may be). Upon making
such report to the President, the Commission shall also promptly make
public such report (with the exception of information which the
Commission determines to be confidential) and shall cause a summary
thereof to be published in the Federal Register.
(b) Affirmative determination
With respect to any affirmative determination of the Commission under
subsection (a) of this section --
(1) such determination shall be treated as an affirmative
determination made under section 2251(b) of this title (as in effect on
the day before the date of the enactment of the Omnibus Trade and
Competitiveness Act of 1988); and
(2) sections 2252 and 2253 of this title (as in effect on the day
before the date of the enactment of such Act of 1988), rather than the
provisions of part 1 of subchapter II of this chapter as amended by
section 1401 of such Act of 1988, shall apply with respect to the taking
of subsequent action, if any, by the President in response to such
affirmative determination;
except that --
(A) the President may take action under such sections 2252 and 2253
of this title only with respect to imports from the country or countries
involved of the article with respect to which the affirmative
determination was made; and
(B) if such action consists of, or includes, an orderly marketing
agreement, such agreement shall be entered into within 60 days after the
import relief determination date.
(c) Products of Communist countries
If, at any time, the President finds that there are reasonable
grounds to believe, with respect to imports of an article which is the
product of a Communist country, that market disruption exists with
respect to an article produced by a domestic industry, he shall request
the Commission to initiate an investigation under subsection (a) of this
section. If the President further finds that emergency action is
necessary, he may take action under sections 2252 and 2253 of this title
referred to in subsection (b) of this section as if an affirmative
determination of the Commission had been made under subsection (a) of
this section. Any action taken by the President under the preceding
sentence shall cease to apply (1) if a negative determination is made by
the Commission under subsection (a) of this section with respect to
imports of such article, on the day on which the Commission's report of
such determination is submitted to the President, or (2) if an
affirmative determination is made by the Commission under subsection (a)
of this section with respect to imports of such article, on the day on
which the action taken by the President pursuant to such determination
becomes effective.
(d) Petitions to initiate consultations as provided for by safeguard
arrangements
(1) A petition may be filed with the President by an entity described
in section 2251(a)(1) of this title requesting the President to initiate
consultations provided for by the safeguard arrangements of any
agreement entered into under section 2435 of this title with respect to
imports of an article which is the product of the country which is the
other party to such agreement.
(2) If the President determines that there are reasonable grounds to
believe, with respect to imports of such article, that market disruption
exists with respect to an article produced by a domestic industry, he
shall initiate consultations with such country with respect to such
imports.
(e) Definitions; factors determining existence of market disruption
For purposes of this section --
(1) The term ''Communist country'' means any country dominated or
controlled by communism.
(2)(A) Market disruption exists within a domestic industry whenever
imports of an article, like or directly competitive with an article
produced by such domestic industry, are increasing rapidly, either
absolutely or relatively, so as to be a significant cause of material
injury, or threat thereof, to such domestic industry.
(B) For purposes of subparagraph (A):
(i) Imports of an article shall be considered to be increasing
rapidly if there has been a significant increase in such imports (either
actual or relative to domestic production) during a recent period of
time.
(ii) The term ''significant cause'' refers to a cause which
contributes significantly to the material injury of the domestic
industry, but need not be equal to or greater than any other cause.
(C) The Commission, in determining whether market disruption exists,
shall consider, among other factors --
(i) the volume of imports of the merchandise which is the subject of
the investigation;
(ii) the effect of imports of the merchandise on prices in the United
States for like or directly competitive articles;
(iii) the impact of imports of such merchandise on domestic producers
of like or directly competitive articles; and
(iv) evidence of disruptive pricing practices, or other efforts to
unfairly manage trade patterns.
(Pub. L. 93-618, title IV, 406, Jan. 3, 1975, 88 Stat. 2062; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381; Pub. L. 100-418, title I, 1411(a), (b), Aug. 23, 1988, 102 Stat.
1241, 1242.)
The date of the enactment of the Omnibus Trade and Competitiveness
Act of 1988, referred to in subsec. (b), is the date of enactment of
Pub. L. 100-418, which was approved Aug. 23, 1988.
Section 1401 of such Act of 1988, referred to in subsec. (b)(2), is
section 1401 of Pub. L. 100-418, known as the Omnibus Trade and
Competitiveness Act of 1988, which enacted section 2254 of this title,
amended sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this
title, enacted a provision set out as a note under section 2251 of this
title, and amended a provision set out as a note under section 2112 of
this title.
1988 -- Subsec. (a)(1). Pub. L. 100-418, 1411(b)(1), substituted
''section 2252(a)'' for ''section 2251(a)(1)''.
Subsec. (a)(2). Pub. L. 100-418, 1411(b)(2), substituted
''subsections (a)(3), (b)(4), and (c)(4) of section 2252'' for
''subsections (a)(2), (b)(3), and (c) of section 2251''.
Subsec. (b). Pub. L. 100-418, 1411(a)(1), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows: ''For
purposes of sections 2252 and 2253 of this title, an affirmative
determination of the Commission under subsection (a) of this section
shall be treated as an affirmative determination under section 2251(b)
of this title, except that --
''(1) the President may take action under sections 2252 and 2253 of
this title only with respect to imports from the country or countries
involved of the article with respect to which the affirmative
determination was made, and
''(2) if such action consists of, or includes, an orderly marketing
agreement, such agreement shall be entered into within 60 days after the
import relief determination date.''
Subsec. (c). Pub. L. 100-418, 1411(a)(2), inserted ''referred to in
subsection (b) of this section'' after ''sections 2252 and 2253 of this
title''.
Subsec. (e)(2). Pub. L. 100-418, 1411(a)(3), designated existing
provisions as subpar. (A) and added subpars. (B) and (C).
''United States Trade Representative'' substituted for ''Special
Representative for Trade Negotiations'' in subsec. (a)(1), pursuant to
Reorg. Plan No. 3 of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381,
eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No.
12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171
of this title. See, also, section 2171 of this title as amended by Pub.
L. 97-456.
Section 1411(c) of Pub. L. 100-418 provided that: ''The amendments
made by subsections (a) and (b) (amending this section) apply with
respect to investigations initiated under section 406(a) of the Trade
Act of 1974 (19 U.S.C. 2436(a)) on or after the date of the enactment of
this Act (Aug. 23, 1988).''
19 USC 2437. Procedure for Congressional approval or disapproval of
extension of nondiscriminatory treatment and Presidential reports
TITLE 19 -- CUSTOMS DUTIES
(a) Transmission of nondiscriminatory treatment documents to Congress
Whenever the President issues a proclamation under section 2434 of
this title extending nondiscriminatory treatment to the products of any
foreign country, he shall promptly transmit to the House of
Representatives and to the Senate a document setting forth the
proclamation and the agreement the proclamation proposes to implement,
together with his reasons therefor.
(b) Transmission of freedom of emigration documents to Congress
The President shall transmit to the House of Representatives and the
Senate a document containing the initial report submitted by him under
section 2432(b) or 2439(b) of this title with respect to a nonmarket
economy country. On or before December 31 of each year, the President
shall transmit to the House of Representatives and the Senate, a
document containing the report required by section 2432(b) or 2439(b) of
this title as the case may be, to be submitted on or before such
December 31.
(c) Effective date of proclamations and agreements; disapproval of
reports
(1) In the case of a document referred to in subsection (a) of this
section, the proclamation set forth in the document may become effective
and the agreement set forth in the document may enter into force and
effect only if a joint resolution described in section 2191(b)(3) of
this title that approves of the extension of nondiscriminatory treatment
to the products of the country concerned is enacted into law.
(2) In the case of a document referred to in subsection (b) of this
section which contains a report submitted by the President under section
2432(b) or 2439(b) of this title with respect to a nonmarket economy
country, if, before the close of the 90-day period beginning on the day
on which such document is delivered to the House of Representatives and
to the Senate, a joint resolution described in section 2192(a)(1)(B) of
this title is enacted into law that disapproves of the report submitted
by the President with respect to such country, then, beginning with the
day after the end of the 60-day period beginning with the date of the
enactment of such resolution of disapproval, (A) nondiscriminatory
treatment shall not be in force with respect to the products of such
country, and the products of such country shall be dutiable at the rates
set forth in rate column numbered 2 of the Harmonized Tariff Schedule of
the United States, (B) such country may not participate in any program
of the Government of the United States which extends credit or credit
guarantees or investment guarantees, and (C) no commercial agreement may
thereafter be concluded with such country under this subchapter. If the
President vetoes the joint resolution, the joint resolution shall be
treated as enacted into law before the end of the 90-day period under
this paragraph if both Houses of Congress vote to override such veto on
or before the later of the last day of such 90-day period or the last
day of the 15-day period (excluding any day described in section 2194(b)
of this title) beginning on the date the Congress receives the veto
message from the President.
(Pub. L. 93-618, title IV, 407, Jan. 3, 1975, 88 Stat. 2063; Pub.
L. 100-418, title I, 1214(j)(4), Aug. 23, 1988, 102 Stat. 1158; Pub.
L. 101-382, title I, 132(b)(3), (c)(1), Aug. 20, 1990, 104 Stat. 646.)
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (c)(2), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
1990 -- Subsec. (c)(1). Pub. L. 101-382, 132(b)(3)(A), added par.
(1) and struck out former par. (1) which read as follows: ''In the
case of a document referred to in subsection (a) of this section (other
than a document to which paragraph (2) applies), the proclamation set
forth therein may become effective and the agreement set forth therein
may enter into force and effect only if the House of Representatives and
the Senate adopt, by an affirmative vote of a majority of those present
and voting in each House, a concurrent resolution of approval (under the
procedures set forth in section 2191 of this title) of the extension of
nondiscriminatory treatment to the products of the country concerned.''
Subsec. (c)(2). Pub. L. 101-382 struck out par. (2) and redesignated
par. (3) as (2), and substituted ''a joint resolution described in
section 2192(a)(1)(B) of this title is enacted into law that
disapproves'' for ''either the House of Representatives or the Senate
adopts, by an affirmative vote of a majority of those present and voting
in that House, a resolution of disapproval (under the procedures set
forth in section 2192 of this title)'' and ''the end of the 60-day
period beginning with the date of the enactment'' for ''the date of the
adoption'' and inserted at end ''If the President vetoes the joint
resolution, the joint resolution shall be treated as enacted into law
before the end of the 90-day period under this paragraph if both Houses
of Congress vote to override such veto on or before the later of the
last day of such 90-day period or the last day of the 15-day period
(excluding any day described in section 2194(b) of this title) beginning
on the date the Congress receives the veto message from the President.''
Former par. (2) related to effective date of proclamation extending
nondiscriminatory treatment to products of a foreign country and of
agreement proclamation proposed to implement and related to resolution
of disapproval of such extension as to certain countries.
Subsec. (c)(3). Pub. L. 101-382, 132(b)(3)(B), redesignated par.
(3) as (2).
1988 -- Subsec. (c)(3). Pub. L. 100-418 substituted ''Harmonized
Tariff Schedule of the United States'' for ''Tariff Schedules of the
United States''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.
19 USC 2438. Payment by Czechoslovakia of amounts owed United States
citizens and nationals
TITLE 19 -- CUSTOMS DUTIES
(a) Renegotiation of 1974 agreement
The arrangement initialed on July 5, 1974, with respect to the
settlement of the claims of citizens and nationals of the United States
against the Government of Czechoslovakia shall be renegotiated and shall
be submitted to the Congress as part of any agreement entered into under
this subchapter with Czechoslovakia.
(b) Provisional retention of gold
The United States shall not release any gold belonging to
Czechoslovakia and controlled directly or indirectly by the United
States pursuant to the provisions of the Paris Reparations Agreement of
January 24, 1946, or otherwise, until such agreement has been approved
by the Congress.
(Pub. L. 93-618, title IV, 408, Jan. 3, 1975, 88 Stat. 2064.)
19 USC 2439. Freedom to emigrate to join a very close relative in
United States
TITLE 19 -- CUSTOMS DUTIES
(a) Sanctions for emigration restrictions
To assure the continued dedication of the United States to the
fundamental human rights and welfare of its own citizens, and
notwithstanding any other provision of law, on or after January 3, 1975,
no nonmarket economy country shall participate in any program of the
Government of the United States which extends credits or credit
guarantees or investment guarantees, directly or indirectly, and the
President of the United States shall not conclude any commercial
agreement with any such country, during the period beginning with the
date on which the President determines that such country --
(1) denies its citizens the right or opportunity to join permanently
through emigration, a very close relative in the United State, /1/ such
as a spouse, parent, child, brother, or sister;
(2) imposes more than a nominal tax on the visas or other documents
required for emigration described in paragraph (1); or
(3) imposes more than a nominal tax, levy, fine, fee, or other charge
on any citizen as a consequence of the desire of such citizen to
emigrate as described in paragraph (1),
and ending on the date on which the President determines that such
country is no longer in violation of paragraph (1), (2), or (3).
(b) Report to Congress concerning emigration policies
After January 3, 1975, (A) a nonmarket economy country may
participate in any program of the Government of the United States which
extends credits or credit guarantees or investment guarantees, and (B)
the President may conclude a commercial agreement with such country,
only after the President has submitted to the Congress a report
indicating that such country is not in violation of paragraph (1), (2),
or (3) of subsection (a) of this section. Such report with respect to
such country shall include information as to the nature and
implementation of its laws and policies and restrictions or
discrimination applied to or against persons wishing to emigrate to the
United States to join close relatives. The report required by this
subsection shall be submitted initially as provided herein and, with
current information, on or before each June 30 and December 31,
thereafter, so long as such credits or guarantees are extended or such
agreement is in effect.
(c) Exemption from application of section
This section shall not apply to any country the products of which are
eligible for the rates set forth in rate column numbered 1 of the Tariff
Schedules of the United States on January 3, 1975.
(d) Additional exemption from application of section
During any period that a waiver is in effect with respect to any
nonmarket economy country under section 2432(c) of this title, the
provisions of subsections (a) and (b) of this section shall not apply
with respect to such country.
(Pub. L. 93-618, title IV, 409, Jan. 3, 1975, 88 Stat. 2064.)
The Tariff Schedules of the United States, referred to in subsec.
(c), to be treated as a reference to the Harmonized Tariff Schedule,
pursuant to section 3012 of this title. The Harmonized Tariff Schedule
is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
/1/ So in original.
19 USC 2440. East-West Trade Statistics Monitoring System
TITLE 19 -- CUSTOMS DUTIES
The International Trade Commission shall establish and maintain a
program to monitor imports of articles into the United States, from
nonmarket economy countries and exports of articles from the United
States to nonmarket economy countries. To the extent feasible, the
Commission shall coordinate such program with any relevant data
gathering programs presently conducted by the Secretary of Commerce.
The Secretary of Commerce shall provide the Commission with any
information which, in the determination of the Commission, is necessary
to carry out this section. The Commission shall publish a detailed
summary of the data collected under the East-West Trade Statistics
Monitoring System not less frequently than once each calendar quarter
and shall transmit such publication to the East-West Foreign Trade Board
and to Congress. Such publication shall include data on the effect of
such imports, if any, on the production of like, or directly
competitive, articles in the United States and on employment within the
industry which produces like, or directly competitive, articles in the
United States.
(Pub. L. 93-618, title IV, 410, Jan. 3, 1975, 88 Stat. 2065.)
East-West Foreign Trade Board abolished by Reorg. Plan No. 3 of
1979, 6, 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided
by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993,
set out as notes under section 2171 of this title. Functions of Board
under subsecs. (a) and (b) of section 2441 of this title transferred to
interagency organization established under section 1872 of this title,
and functions of Board under subsec. (c) of section 2441 of this title
transferred to President by section 5(c) and (e) of Reorg. Plan No. 3
of 1979.
19 USC 2441. East-West Foreign Trade Board
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment; purpose
The President shall establish an East-West Foreign Trade Board
(hereinafter referred to as the ''Board'') to monitor trade between
persons and agencies of the United States Government and nonmarket
economy countries or instrumentalities of such countries to insure that
such trade will be in the national interest of the United States.
(b) Reports to Board
(1) Any person who exports technology vital to the national interest
of the United States to a nonmarket economy country or an
instrumentality of such country, and any agency of the United States
which provides credits, guarantees or insurance to such country or such
instrumentality in an amount in excess of $5,000,000 during any calendar
year, shall file a report with the Board in such form and manner as the
Board requires which describes the nature and terms of such export or
such provision.
(2) For purposes of paragraph (1), if the total amount of credits,
guarantees and insurance which an agency of the United States provides
to all nonmarket economy countries and the instrumentalities of such
countries exceeds $5,000,000 during a calendar year, then all subsequent
provisions of credits, guarantees or insurance in any amount, during
such year shall be reported to the Board under the provisions of
paragraph (1).
(c) Report to Congress
The Board shall submit to Congress a quarterly report on trade
between the United States and nonmarket economy countries and
instrumentalities of such countries. Such report shall include a review
of the status of negotiations of bilateral trade agreements between the
United States and such countries under this subchapter, the activities
of joint trade commissions created pursuant to such agreements, the
resolution of commercial disputes between the United States and such
countries, any exports from such countries which have caused disruption
of United States markets, and recommendations for the promotion of
east-west trade in the national interest of the United States.
(Pub. L. 93-618, title IV, 411, Jan. 3, 1975, 88 Stat. 2065.)
East-West Foreign Trade Board abolished by Reorg. Plan No. 3 of
1979, 6, 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided
by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993,
set out as notes under section 2171 of this title. Functions of Board
under subsecs. (a) and (b) of this section transferred to interagency
organization established under section 1872 of this title, and functions
of Board under subsec. (c) of this section transferred to President by
section 5(c) and (e) of Reorg. Plan No. 3 of 1979.
Ex. Ord. No. 12469, Mar. 26, 1984, 49 F.R. 11799, provided:
By the authority vested in me as President by the Constitution and
the statutes of the United States of America, including section 301 of
Title 3 of the United States Code (3 U.S.C. 301), and section 411(c) of
the Trade Act of 1974 (19 U.S.C. 2441(c)), in order to provide for more
efficient reporting to the Congress, it is hereby ordered as follows:
Section 1. The reporting functions of the East-West Foreign Trade
Board under section 411(c) of the Trade Act of 1974 (19 U.S.C.
2441(c)), as transferred to the President by section 5(c) of
Reorganization Plan No. 3 of 1979 (19 U.S.C. 2717 note), are delegated
to the United States Trade Representative.
Sec. 2. This order is effective upon publication in the Federal
Register.
Ronald Reagan.
19 USC SUBCHAPTER V -- GENERALIZED SYSTEM OF PREFERENCES
TITLE 19 -- CUSTOMS DUTIES
19 USC 2461. Authority to extend preferences
TITLE 19 -- CUSTOMS DUTIES
The President may provide duty-free treatment for any eligible
article from any beneficiary developing country in accordance with the
provisions of this subchapter. In taking any such action, the President
shall have due regard for --
(1) the effect such action will have on furthering the economic
development of developing countries through the expansion of their
exports;
(2) the extent to which other major developed countries are
undertaking a comparable effort to assist developing countries by
granting generalized preferences with respect to imports of products of
such countries;
(3) the anticipated impact of such action on United States producers
of like or directly competitive products; and
(4) the extent of the beneficiary developing country's
competitiveness with respect to eligible articles.
(Pub. L. 93-618, title V, 501, Jan. 3, 1975, 88 Stat. 2066; Pub.
L. 98-573, title V, 502, Oct. 30, 1984, 98 Stat. 3018.)
1984 -- Par. (1). Pub. L. 98-573, 502(1), inserted ''through the
expansion of their exports''.
Par. (4). Pub. L. 98-573, 502(2)-(4), added par. (4).
Section 508 of title V of Pub. L. 98-573 provided that: ''The
amendments made by this title (enacting section 2466 of this title,
amending this section and sections 2462 to 2465 of this title, and
enacting provisions set out as notes under this section and section 2101
of this title) shall take effect on January 4, 1985.''
Section 501(b) of title V of Pub. L. 98-573 provided that: ''The
purpose of this title (enacting section 2466 of this title, amending
this section and sections 2462 to 2465 of this title, and enacting
provisions set out as notes under this section and section 2101 of this
title) is to --
''(1) promote the development of developing countries, which often
need temporary preferential advantages to compete effectively with
industrialized countries;
''(2) promote the notion that trade, rather than aid, is a more
effective and cost-efficient way of promoting broad-based sustained
economic development;
''(3) take advantage of the fact that developing countries provide
the fastest growing markets for United States exports and that foreign
exchange earnings from trade with such countries through the Generalized
System of Preferences can further stimulate United States exports;
''(4) allow for the consideration of the fact that there are
significant differences among developing countries with respect to their
general development and international competitiveness;
''(5) encourage the providing of increased trade liberalization
measures, thereby setting an example to be emulated by other
industrialized countries;
''(6) recognize that a large number of developing countries must
generate sufficient foreign exchange earnings to meet international debt
obligations;
''(7) promote the creation of additional opportunities for trade
among the developing countries;
''(8) integrate developing countries into the international trading
system with its attendant responsibilities in a manner commensurate with
their development;
''(9) encourage developing countries --
''(A) to eliminate or reduce significant barriers to trade in goods
and services and to investment,
''(B) to provide effective means under which foreign nationals may
secure, exercise, and enforce exclusive intellectual property rights,
and
''(C) to afford workers internationally recognized worker rights;
and
''(10) address the concerns listed in the preceding paragraphs in a
manner that --
''(A) does not adversely affect United States producers and workers,
and
''(B) conforms to the international obligations of the United States
under the General Agreement on Tariffs and Trade.''
19 USC 2462. Beneficiary developing countries
TITLE 19 -- CUSTOMS DUTIES
(a) Designation by President
(1) For purposes of this subchapter, the term ''beneficiary
developing country'' means any country with respect to which there is in
effect an Executive order or Presidential proclamation by the President
of the United States designating such country as a beneficiary
developing country for purposes of this subchapter. Before the
President designates any country as a beneficiary developing country for
purposes of this subchapter, he shall notify the House of
Representatives and the Senate of his intention to make such
designation, together with the considerations entering into such
decision.
(2) If the President has designated any country as a beneficiary
developing country for purposes of this subchapter, he shall not
terminate such designation (either by issuing an Executive order or
Presidential proclamation for that purpose or by issuing an Executive
order or Presidential proclamation which has the effect of terminating
such designation) unless, at least 60 days before such termination, he
has notified the House of Representatives and the Senate and has
notified such country of his intention to terminate such designation,
together with the considerations entering into such decision.
(3) For purposes of this subchapter, the term ''country'' means any
foreign country, any overseas dependent territory or possession of a
foreign country, or the Trust Territory of the Pacific Islands. In the
case of an association of countries which is a free trade area or
customs union, or which is contributing to comprehensive regional
economic integration among its members through appropriate means,
including, but not limited to, the reduction of duties, the President
may by Executive order or Presidential proclamation provide that all
members of such association other than members which are barred from
designation under subsection (b) of this section shall be treated as one
country for purposes of this subchapter.
(4) For purposes of this subchapter the term ''internationally
recognized worker rights'' includes --
(A) the right of association;
(B) the right to organize and bargain collectively;
(C) a prohibition on the use of any form of forced or compulsory
labor;
(D) a minimum age for the employment of children; and
(E) acceptable conditions of work with respect to minimum wages,
hours of work, and occupational safety and health.
(b) Countries ineligible for designation as beneficiary developing
countries
No designation shall be made under this section with respect to any
of the following:
Australia Austria Canada European Economic Community member states
Finland Iceland Japan Monaco New Zealand Norway Republic of South
Africa Sweden Switzerland Union of Soviet Socialist Republics
In addition, the President shall not designate any country a
beneficiary developing country under this section --
(1) if such country is a Communist country, unless (A) the products
of such country receive nondiscriminatory treatment, (B) such country is
a contracting party to the General Agreement on Tariffs and Trade and a
member of the International Monetary Fund, and (C) such country is not
dominated or controlled by international communism;
(2) if such country is a member of the Organization of Petroleum
Exporting Countries, or a party to any other arrangement of foreign
countries, and such country participates in any action pursuant to such
arrangement the effect of which is to withhold supplies of vital
commodity resources from international trade or to raise the price of
such commodities to an unreasonable level and to cause serious
disruption of the world economy;
(3) if such country affords preferential treatment to the products of
a developed country, other than the United States, which has, or is
likely to have, a significant adverse effect on United States commerce,
unless the President has received assurances satisfactory to him that
such preferential treatment will be eliminated before January 1, 1976,
or that action will be taken before January 1, 1976, to assure that
there will be no such significant adverse effect, and he reports those
assurances to the Congress;
(4) if such country --
(A) has nationalized, expropriated, or otherwise seized ownership or
control of property, including patents, trademarks, or copyrights, owned
by a United States citizen or by a corporation, partnership, or
association which is 50 percent or more beneficially owned by United
States citizens,
(B) has taken steps to repudiate or nullify an existing contract or
agreement with a United States citizen or a corporation, partnership, or
association which is 50 percent or more beneficially owned by United
States citizens, the effect of which is to nationalize, expropriate, or
otherwise seize ownership or control of property, including patents,
trademarks, or copyrights, so owned, or
(C) has imposed or enforced taxes or other exactions, restrictive
maintenance or operational conditions, or other measures with respect to
property, including patents, trademarks, or copyrights, so owned, the
effect of which is to nationalize, expropriate, or otherwise seize
ownership or control of such property,
unless --
(D) the President determines that --
(i) prompt, adequate, and effective compensation has been or is being
made to such citizen, corporation, partnership, or association,
(ii) good faith negotiations to provide prompt, adequate, and
effective compensation under the applicable provisions of international
law are in progress, or such country is otherwise taking steps to
discharge its obligations under international law with respect to such
citizen, corporation, partnership, or association, or
(iii) a dispute involving such citizen, corporation, partnership, or
association over compensation for such a seizure has been submitted to
arbitration under the provisions of the Convention for the Settlement of
Investment Disputes, or in another mutually agreed upon forum, and
promptly furnishes a copy of such determination to the Senate and
House of Representatives;
(5) if such country fails to act in good faith in recognizing as
binding or in enforcing arbitral awards in favor of United States
citizens or a corporation, partnership, or association which is 50
percent or more beneficially owned by United States citizens, which have
been made by arbitrators appointed for each case or by permanent
arbitral bodies to which the parties involved have submitted their
dispute;
(6) if such country aids or abets, by granting sanctuary from
prosecution to, any individual or group which has committed an act of
international terrorism; and
(7) if such country has not taken or is not taking steps to afford
internationally recognized worker rights to workers in the country
(including any designated zone in that country).
Paragraphs (4), (6), (7), and (8) /1/ shall not prevent the
designation of any country as a beneficiary developing country under
this section if the President determines that such designation will be
in the national economic interest of the United States and reports such
determination to the Congress with his reasons therefor.
(c) Factors determinative of whether to designate country as
beneficiary developing country
In determining whether to designate any country a beneficiary
developing country under this section, the President shall take into
account --
(1) an expression by such country of its desire to be so designated;
(2) the level of economic development of such country, including its
per capita gross national product, the living standards of its
inhabitants, and any other economic factors which he deems appropriate;
(3) whether or not the other major developed countries are extending
generalized preferential tariff treatment to such country;
(4) the extent to which such country has assured the United States it
will provide equitable and reasonable access to the markets and basic
commodity resources of such country and the extent to which such country
has assured the United States that it will refrain from engaging in
unreasonable export practices;
(5) the extent to which such country is providing adequate and
effective means under its laws for foreign nationals to secure, to
exercise, and to enforce exclusive rights in intellectual property,
including patents, trademarks, and copyrights;
(6) the extent to which such country has taken action to --
(A) reduce trade distorting investment practices and policies
(including export performance requirements); and
(B) reduce or eliminate barriers to trade in services; and
(7) whether or not such country has taken or is taking steps to
afford to workers in that country (including any designated zone in that
country) internationally recognized worker rights.
(d) Exemptions
(1) The President may exempt from the application of paragraph (2) of
subsection (b) of this section any country during the period during
which such country (A) is a party to a bilateral or multilateral trade
agreement to which the United States is also a party if such agreement
fulfills the negotiating objectives set forth in section 2118 of this
title of assuring the United States fair and equitable access at
reasonable prices to supplies of articles of commerce important to the
economic requirements of the United States and (B) is not in violation
of such agreement by action denying the United States such fair and
equitable access.
(2) The President may exempt from the application of paragraph (2) of
subsection (b) of this section any country that enters into a bilateral
product-specific trade agreement with the United States under section
2111 or 2112 of this title before January 3, 1980. The President shall
terminate the exemption granted to any country under the preceding
sentence if that country interrupts or terminates the delivery of
supplies of petroleum and petroleum products to the United States.
(Pub. L. 93-618, title V, 502(a)-(c), (e), Jan. 3, 1975, 88 Stat.
2066-2069; Pub. L. 94-455, title XVIII, 1802, Oct. 4, 1976, 90 Stat.
1763; Pub. L. 96-39, title XI, 1106(g)(1), (2), 1111(a)(1), (2), July
26, 1979, 93 Stat. 312, 313, 315; Pub. L. 98-573, title V, 503, Oct.
30, 1984, 98 Stat. 3019; Pub. L. 99-47, 8(b)(2), June 11, 1985, 99
Stat. 85; Pub. L. 99-514, title XVIII, 1887(a)(5), Oct. 22, 1986, 100
Stat. 2923; Pub. L. 99-570, title IX, 9002(a), Oct. 27, 1986, 100
Stat. 3207-166; Pub. L. 101-179, title III, 301, Nov. 28, 1989, 103
Stat. 1311; Pub. L. 101-382, title I, 131, Aug. 20, 1990, 104 Stat.
643.)
Paragraphs (6), (7), and (8), referred to in subsec. (b), were
redesignated paragraphs (5), (6), and (7) of subsec. (b) by section
9002(a)(2) of Pub. L. 99-570.
Subsec. (d) was, in the original, subsec. (e) of section 502 of Pub.
L. 93-618. Subsec. (d) of section 502 of Pub. L. 93-618 amended
General Headnote 3(a) of the Tariff Schedules of the United States.
1990 -- Subsec. (b). Pub. L. 101-382 struck out ''Czechoslovakia''
and ''Germany (East)'' in list of countries preceding par. (1).
1989 -- Subsec. (b). Pub. L. 101-179 struck out ''Poland'' in list
of countries preceding par. (1).
1986 -- Subsec. (b). Pub. L. 99-570, 9002(a)(3), struck out
''(5),'' after ''(4),'' in last sentence.
Subsec. (b)(4)(A) to (C). Pub. L. 99-514 amended subpars. (A) to
(C) generally. Prior to amendment, subpars. read as follows:
''(A) has nationalized, expropriated, or otherwise seized ownership
or control of property, including patents, trademarks, or copyrights
owned by a United States citizen or by a corporation, partnership, or
association which is 50 percent or more beneficially owned by United
States citizens,
''(B) has taken steps to repudiate or nullify an existing contract or
agreement with a United States citizen or a corporation, partnership, or
association which is 50 percent or more beneficially owned by United
States citizens, the effect of which is to nationalize, expropriate, or
otherwise seize ownership or control of property, including patents,
trademarks, or copyrights so owned, or
''(C) has imposed or enforced taxes or other exactions, restrictive
maintenance or operational conditions, or other measures with respect to
property so owned, the effect of which is to nationalize, expropriate,
or otherwise seize ownership or control of such property, including
patents, trademarks, or copyrights,''.
Subsec. (b)(5) to (8). Pub. L. 99-570, 9002(a)(1), (2),
redesignated pars. (6) to (8) as (5) to (7), respectively, and struck
out former par. (5) which provided that the President could not
designate any country a beneficiary developing country under this
section if such country did not take adequate steps to cooperate with
the United States to prevent narcotic drugs and other controlled
substances (as listed in the schedules in section 812 of title 21)
produced, processed, or transported in such country from entering the
United States unlawfully.
1985 -- Subsec. (a)(1) to (3). Pub. L. 99-47 inserted ''or
Presidential proclamation'' after ''Executive order'' wherever
appearing.
1984 -- Subsec. (a)(4). Pub. L. 98-573, 503(a), added par. (4).
Subsec. (b). Pub. L. 98-573, 503(b)(1), struck out ''Hungary'' in
list of countries in first sentence.
Pub. L. 98-573, 503(b)(7), inserted reference to par. (8) in last
sentence.
Subsec. (b)(4)(A), (B). Pub. L. 98-573, 503(b)(2), which directed
the insertion of '', including patents, trademarks, or copyrights''
after ''control of such property'' in subpars. (A) and (B), was
executed by inserting that phrase in subpars. (A) and (B) following
''control of property''.
Subsec. (b)(4)(C). Pub. L. 98-573, 503(b)(3), inserted '', including
patents, trademarks, or copyrights'' after ''control of such property''.
Subsec. (b)(8). Pub. L. 98-573, 503(b)(4)-(6), added par. (8).
Subsec. (c)(4). Pub. L. 98-573, 503(c)(2), substituted ''and the
extent to which such country has assured the United States that it will
refrain from engaging in unreasonable export practices;'' for the period
at end.
Subsec. (c)(5) to (7). Pub. L. 98-573, 503(c)(1), (3), added pars.
(5) to (7).
1979 -- Subsec. (a)(3). Pub. L. 96-19, 1111(a)(1), inserted
reference to associations of countries which are contributing to
comprehensive regional economic integration among its members through
appropriate means, including, but not limited to, the reduction of
duties.
Subsec. (b)(2). Pub. L. 96-39, 1106(g)(1), struck out ''withhold
supplies of vital commodity resources from international trade or to
raise the price of such commodities to an unreasonable level which
causes serious disruption of the world economy'' thereby correcting a
typographical error in Pub. L. 93-618 under which that phrase had been
set out twice.
Subsec. (b)(6). Pub. L. 96-39, 1106(g)(2), inserted a comma after
''partnership''.
Subsec. (d). Pub. L. 96-39, 1111(a)(2), designated existing
provisions as par. (1) and added par. (2).
1976 -- Subsec. (b). Pub. L. 94-455 added par. (7) and inserted
reference to par. (7) in last sentence.
Amendment by Pub. L. 98-573 effective Jan. 4, 1985, see section 508
of Pub. L. 98-573, set out as a note under section 2461 of this title.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
Ex. Ord. No. 11844, Mar. 24, 1975, 40 F.R. 13295, which related to
the designation of beneficiary developing countries, was superseded by
Ex. Ord. No. 11888, Nov. 24, 1975, 40 F.R. 55276, see note below.
Ex. Ord. No. 11888, Nov. 24, 1975, 40 F.R. 55276, as amended,
amended the Tariff Schedules of the United States in order to implement
the Generalized System of Preferences established by this subchapter.
The text of Ex. Ord. No. 11888 is not set out in the Code because the
Tariff Schedules are not set out in the Code. See Publication of Tariff
Schedules note set out under section 1202 of this title.
Ex. Ord. No. 11960, Jan. 19, 1977, 42 F.R. 4317, which amended the
Generalized System of Preferences, was revoked by Ex. Ord. No. 11974,
Feb. 25, 1977, 42 F.R. 11230A, which amended Ex. Ord. No. 11888, see
note above.
section 2191a; title 26 section 871.
/1/ See References in Text note below.
19 USC 2463. Eligible articles
TITLE 19 -- CUSTOMS DUTIES
(a) Lists of articles to be considered for designation
The President shall, from time to time, publish and furnish the
International Trade Commission with lists of articles which may be
considered for designation as eligible articles for purposes of this
subchapter. Before any such list is furnished to the Commission, there
shall be in effect an Executive order or Presidential proclamation under
section 2462 of this title designating beneficiary developing countries.
The provisions of sections 2151, 2152, 2153, and 2154 of this title
shall be complied with as though action under section 2461 of this title
were action under section 2111 of this title to carry out a trade
agreement entered into under section 2111 of this title. After
receiving the advice of the Commission with respect to the listed
articles, the President shall designate those articles he considers
appropriate to be eligible articles for purposes of this subchapter by
Executive order or Presidential proclamation.
(b) Eligible articles qualifying for duty-free treatment
(1) The duty-free treatment provided under section 2461 of this title
shall apply to any eligible article which is the growth, product, or
manufacture of a beneficiary developing country if --
(A) that article is imported directly from a beneficiary developing
country into the customs territory of the United States; and
(B) the sum of (i) the cost or value of the materials produced in the
beneficiary developing country or any 2 or more countries which are
members of the same association of countries which is treated as one
country under section 2462(a)(3) of this title, plus (ii) the direct
costs of processing operations performed in such beneficiary developing
country or such member countries is not less than 35 percent of the
appraised value of such article at the time of its entry into the
customs territory of the United States.
(2) The Secretary of the Treasury, after consulting with the United
States Trade Representative, shall prescribe such regulations as may be
necessary to carry out this subsection, including, but not limited to,
regulations providing that, in order to be eligible for duty-free
treatment under this subchapter, an article must be wholly the growth,
product, or manufacture of a beneficiary developing country, or must be
a new or different article of commerce which has been grown, produced,
or manufactured in the beneficiary developing country; but no article
or material of a beneficiary developing country shall be eligible for
such treatment by virtue of having merely undergone --
(A) simple combining or packaging operations, or
(B) mere dilution with water or mere dilution with another substance
that does not materially alter the characteristics of the article.
(c) Articles which may not be designated as eligible articles
(1) The President may not designate any article as an eligible
article under subsection (a) of this section if such article is within
one of the following categories of import-sensitive articles --
(A) textile and apparel articles which are subject to textile
agreements,
(B) watches, except those watches entered after June 30, 1989, that
the President specifically determines, after public notice and comment,
will not cause material injury to watch or watch band, strap, or
bracelet manufacturing and assembly operations in the United States or
the United States insular possessions,
(C) import-sensitive electronic articles,
(D) import-sensitive steel articles,
(E) footwear, handbags, luggage, flat goods, work gloves, and leather
wearing apparel which were not eligible articles for purposes of this
subchapter on April 1, 1984,
(F) import-sensitive semimanufactured and manufactured glass
products, and
(G) any other articles which the President determines to be
import-sensitive in the context of the Generalized System of
Preferences.
(2) No article shall be an eligible article for purposes of this
subchapter for any period during which such article is the subject of
any action proclaimed pursuant to section 2253 of this title or section
1862 or 1981 of this title.
(Pub. L. 93-618, title V, 503, Jan. 3, 1975, 88 Stat. 2069; Pub.
L. 96-39, title XI, 1111(a)(3), July 26, 1979, 93 Stat. 315; Pub. L.
98-573, title V, 504, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99-47,
8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99-514, title XVIII,
1889(7), Oct. 22, 1986, 100 Stat. 2926; Pub. L. 100-418, title I,
1903, Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101-382, title II, 226,
Aug. 20, 1990, 104 Stat. 660.)
1990 -- Subsec. (b). Pub. L. 101-382 amended subsec. (b) generally.
Prior to amendment, subsec. (b) read as follows: ''The duty-free
treatment provided under section 2461 of this title with respect to any
eligible article shall apply only --
''(1) to an article which is imported directly from a beneficiary
developing country into the customs territory of the United States; and
''(2) If the sum of (A) the cost or value of the materials produced
in the beneficiary developing country or any 2 or more countries which
are members of the same association of countries which is treated as one
country under section 2462(a)(3) of this title, plus (B) the direct
costs of processing operations performed in such beneficiary developing
country or such member countries is not less than 35 percent of the
appraised value of such article at the time of its entry into the
customs territory of the United States.
The Secretary of the Treasury, after consulting with the United
States Trade Representative, shall prescribe such regulations as may be
necessary to carry out this subsection.''
1988 -- Subsec. (c)(1)(B). Pub. L. 100-418 amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows:
''watches,''.
1986 -- Pub. L. 99-514 made a technical correction to directory
language of Pub. L. 98-573, 504(a), requiring no change in text. See
1984 Amendment note below.
1985 -- Subsec. (a). Pub. L. 99-47 inserted ''or Presidential
proclamation'' after ''Executive order'' in two places.
1984 -- Subsec. (b). Pub. L. 98-573, 504(a), as amended by Pub. L.
99-514, inserted '', after consulting with the United States Trade
Representative,'' after ''Secretary of the Treasury'' in last sentence.
Subsec. (c)(1)(E). Pub. L. 98-573, 504(b), substituted ''footwear,
handbags, luggage, flat goods, work gloves, and leather wearing apparel
which were not eligible articles for purposes of this subchapter on
April 1, 1984'' for ''footwear articles specified in items 700.05
through 700.27, 700.29 through 700.53, 700.55.23 through 700.55.75, and
700.60 through 700.80 of the Tariff Schedules of the United States''.
1979 -- Subsec. (b). Pub. L. 96-39 restated par. (2) so as to
reduce the minimum value-added requirement from 50 percent to 35 percent
for associations of countries comparable to the existing minimum
percentage for individual countries or single members of an association,
and struck out provision following par. (2) which defined ''country''
as used in par. (2)(a).
Amendment by Pub. L. 98-573 effective Jan. 4, 1985, see section 508
of Pub. L. 98-573, set out as a note under section 2461 of this title.
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
19 USC 2464. Limitations on preferential treatment
TITLE 19 -- CUSTOMS DUTIES
(a) Withdrawal, suspension, or limitation of duty-free treatment;
reporting requirements
(1) The President may withdraw, suspend, or limit the application of
the duty-free treatment accorded under section 2461 of this title with
respect to any article or with respect to any country; except that no
rate of duty may be established in respect of any article pursuant to
this section other than the rate which would apply but for this
subchapter. In taking any action under this subsection, the President
shall consider the factors set forth in sections 2461 and 2462(c) of
this title.
(2) The President shall, as necessary, advise the Congress and, by no
later than January 4, 1988, submit to the Congress a report on the
application of sections 2461 and 2462(c) of this title, and the actions
the President has taken to withdraw, to suspend, or to limit the
application of duty-free treatment with respect to any country which has
failed to adequately take the actions described in section 2462(c) of
this title.
(b) Withdrawal or suspension of designation as beneficiary developing
country
The President shall, after complying with the requirements of section
2462(a)(2) of this title, withdraw or suspend the designation of any
country as a beneficiary developing country if, after such designation,
he determines that as the result of changed circumstances such country
would be barred from designation as a beneficiary developing country
under section 2462(b) of this title. Such country shall cease to be a
beneficiary developing country on the day on which the President issues
an Executive order or Presidential proclamation revoking his designation
of such country under section 2462 of this title.
(c) Beneficiary developing country; determinations, treatment,
reviews, etc.
(1) Subject to paragraphs (2) through (7) and subsection (d) of this
section, whenever the President determines that any country --
(A) has exported (directly or indirectly) to the United States during
a calendar year a quantity of an eligible article having an appraised
value in excess of an amount which bears the same ratio to $25,000,000
as the gross national product of the United States for the preceding
calendar year (as determined by the Department of Commerce) bears to the
gross national product of the United States for calendar year 1974; or
(B) has exported (either directly or indirectly) to the United States
a quantity of any eligible article equal to or exceeding 50 percent of
the appraised value of the total imports of such article into the United
States during any calendar year;
then, not later than July 1 of the next calendar year, such country
shall not be treated as a beneficiary developing country with respect to
such article.
(2)(A) Not later than January 4, 1987, and periodically therafter,
/1/ the President shall conduct a general review of eligible articles
based on the considerations described in section 2461 or 2462(c) of this
title.
(B) If, after any review under subparagraph (A), the President
determines that this subparagraph should apply because a beneficiary
developing country has demonstrated a sufficient degree of
competitiveness (relative to other beneficiary developing countries)
with respect to any eligible article, then paragraph (1) shall be
applied to such country with respect to such article by substituting --
(i) ''1984'' for ''1974'' in subparagraph (A), and
(ii) ''25 percent'' for ''50 percent'' in subparagraph (B).
(3)(A) Not earlier than January 4, 1987, the President may waive the
application of this subsection with respect to any eligible article of
any beneficiary developing country if, before July 1 of the calendar
year beginning after the calendar year for which a determination
described in paragraph (1) was made with respect to such eligible
article, the President --
(i) receives the advice of the International Trade Commission on
whether any industry in the United States is likely to be adversely
affected by such waiver,
(ii) determines, based on the considerations described in sections
2461 and 2462(c) of this title and the advice described in clause (i),
that such waiver is in the national economic interest of the United
States, and
(iii) publishes the determination described in clause (ii) in the
Federal Register.
(B) In making any determination under subparagraph (A), the President
shall give great weight to --
(i) the extent to which the beneficiary developing country has
assured the United States that such country will provide equitable and
reasonable access to the markets and basic commodity resources of such
country, and
(ii) the extent to which such country provides adequate and effective
means under its law for foreign nationals to secure, to exercise, and to
enforce exclusive rights in intellectual property, including patent,
trademark, and copyright rights.
(C) Any waiver granted pursuant to this paragraph shall remain in
effect until the President determines that such waiver is no longer
warranted due to changed circumstances.
(D)(i) The President may not exercise the waiver authority provided
under subparagraph (A) with respect to a quantity of eligible articles
entered in any calendar year which exceeds an aggregate value equal to
30 percent of the total value of all articles which entered duty-free
under this subchapter during the preceding calendar year.
(ii) The President may not exercise the waiver authority provided
under subparagraph (A) with respect to a quantity of eligible articles
entered during any calendar year beginning after 1986 the aggregate
value of which exceeds 15 percent of the total value of all articles
that have entered duty-free under this subchapter during the preceding
calendar year from those beneficiary developing countries which for the
preceding calendar year --
(I) had a per capita gross national product (calculated on the basis
of the best available information, including that of the World Bank) of
$5,000 or more; or
(II) had exported (either directly or indirectly) to the United
States a quantity of articles that was duty-free under this subchapter
that had an appraised value of more than 10 percent of the total imports
of all articles that entered duty-free under this subchapter during that
year.
(iii) There shall be counted against the limitations imposed under
clauses (i) and (ii) for any calendar year only that quantity of any
eligible article of any country that --
(I) entered duty-free under this title during such calendar year;
and
(II) is in excess of the quantity of that article that would have
been so entered during such calendar year if the 1974 limitation applied
under paragraph (1)(A) and the 50 percent limitation applied under
paragraph (1)(B).
(4) Except in any case to which paragraph (2)(B) applies, the
President may waive the application of this subsection if, before July 1
of the calendar year beginning after the calendar year for which a
determination described in paragraph (1) was made, the President
determines and publishes in the Federal Register that, with respect to
such country --
(A) there has been an historical preferential trade relationship
between the United States and such country,
(B) there is a treaty or trade agreement in force covering economic
relations between such country and the United States, and
(C) such country does not discriminate against, or impose
unjustifiable or unreasonable barriers to, United States commerce.
(5) A country which is no longer treated as a beneficiary developing
country with respect to an eligible article by reason of this subsection
may be redesignated a beneficiary developing country with respect to
such article, subject to the provisions of sections 2461 and 2462 of
this title, if imports of such article from such country did not exceed
the limitations in paragraph (1) (after application of paragraph (2))
during the preceding calendar year.
(6)(A) This subsection shall not apply to any beneficiary developing
country which the President determines, based on the considerations
described in sections 2461 and 2462(c) of this title, to be a
least-developed beneficiary developing country.
(B) The President shall --
(i) make a determination under subparagraph (A) with respect to each
beneficiary developing country before July 4, 1985, and periodically
thereafter, and
(ii) notify the Congress at least 60 days before any such
determination becomes final.
(7) For purposes of this subsection, the term ''country'' does not
include an association of countries which is treated as one country
under section 2462(a)(3) of this title, but does include a country which
is a member of any such association.
(d) Domestic non-production of like or directly competitive articles
(1) Subsection (c)(1)(B) of this section (after application of
subsection (c)(2) of this section) shall not apply with respect to any
eligible article if a like or directly competitive article is not
produced in the United States on January 3, 1985.
(2) The President may disregard subsection (c)(1)(B) of this section
with respect to any eligible article if the appraised value of the total
imports of such article into the United States during the preceding
calendar year is not in excess of an amount which bears the same ratio
to $5,000,000 as the gross national product of the United States for
that calendar year (as determined by the Department of Commerce) bears
to the gross national product of the United States for calendar year
1979.
(e) Coffee imported into Puerto Rico
No action pursuant to section 2461 of this title may affect any
tariff duty imposed by the Legislature of Puerto Rico pursuant to
section 1319 of this title on coffee imported into Puerto Rico.
(f) Per capita gross national product of beneficiary developing
country for determination year
(1) If the President determines that the per capita gross national
product (calculated on the basis of the best available information,
including that of the World Bank) of any beneficiary developing country
for any calendar year (hereafter in this subsection referred to as the
''determination year'') after 1984, exceeds the applicable limit for the
determination year --
(A) subsection (c)(1)(B) of this section shall be applied for the
2-year period beginning on July 1 of the calendar year succeeding the
determination year by substituting ''25 percent'' for ''50 percent'',
and
(B) such country shall not be treated as a beneficiary developing
country under this subchapter after the close of such 2-year period.
(2)(A) For purposes of this subsection, the term ''applicable limit''
means the sum of --
(i) $8,500, plus
(ii) 50 percent of the amount determined under subparagraph (B) for
the determination year.
(B) The amount determined under this subparagraph for the
determination year is an amount equal to --
(i) $8,500, multiplied by
(ii) the percentage determined by dividing --
(I) the excess, if any, of the gross national product of the United
States (as determined by the Secretary of Commerce) for the
determination year over the gross national product of the United States
for 1984, by
(II) the gross national product for 1984.
(Pub. L. 93-618, title V, 504, Jan. 3, 1975, 88 Stat. 2070; Pub.
L. 96-39, title XI, 1106(g)(3), 1111(a)(4), July 26, 1979, 93 Stat.
313, 315; Pub. L. 98-573, title V, 505, Oct. 30, 1984, 98 Stat. 3020;
Pub. L. 99-47, 8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99-514,
title XVIII, 1887(a)(6), Oct. 22, 1986, 100 Stat. 2923.)
1986 -- Subsec. (c)(3)(D)(ii). Pub. L. 99-514 in introductory
provisions struck out ''from any beneficiary developing country'' after
''eligible articles entered'' and substituted ''1986 the aggregate value
of which exceeds 15'' for ''1984 which exceeds 15'' and ''from those
beneficiary developing countries which for the preceding calendar year''
for ''if for the preceding calendar year such beneficiary developing
country''.
1985 -- Subsec. (b). Pub. L. 99-47 inserted ''or Presidential
proclamation'' after ''Executive order''.
1984 -- Subsec. (a). Pub. L. 98-573, 505(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (c). Pub. L. 98-573, 505(b), amended provisions generally,
making changes summarized as follows:
Subsec. (c)(1). Pub. L. 98-573, 505(b), substituted ''Subject to
paragraphs (2) through (7) and subsection (d) of this section,
whenever'' for ''Whenever'' in provisions preceding par. (1), and, in
provision following lettered subparagraphs, substituted requirement
that, not later than July 1 of the next calendar year, such country
shall not be treated as a beneficiary developing country with respect to
such article for requirement that not later than 90 days after the close
of such calendar year such country would not be treated as a beneficiary
developing country with respect to such article unless the President
made and published in the Federal Register certain determinations with
respect to such country. See subsec. (c)(4).
Subsec. (c)(1)(A). Pub. L. 98-573, 505(b), substituted ''year (as
determined by the Department of Commerce) bears to the gross national
product of the United States for calendar year 1974; or'' for ''year,
as determined by the Department of Commerce, bears to the gross national
product of the United States for calender year 1974, or''.
Subsec. (c)(1)(B). Pub. L. 98-573, 505(b), substituted ''has
exported'' for ''except as provided in subsection (d) of this section,
has exported'' and substituted a semicolon for the comma after ''any
calendar year''.
Subsec. (c)(2) to (4). Pub. L. 98-573, 505(b), added pars. (2) to
(4). Former pars. (2) and (3) redesignated (5) and (7), respectively.
Subsec. (c)(5). Pub. L. 98-573, 505(b), redesignated former par.
(2) as (5) and substituted provisions permitting countries formerly
treated as beneficiary developing countries to be redesignated as
beneficiary developing countries subject to sections 2461 and 2462 of
this title if imports of the eligible article from such country did not
exceed the limitations in par. (1) (after application of par. (2)) for
provisions permitting redesignation of such countries as beneficiary
developing countries subject to section 2462 of this title if imports of
such article from such country did not exceed the limitations in par.
(1).
Subsec. (c)(6). Pub. L. 98-573, 505(b), added par. (6).
Subsec. (c)(7). Pub. L. 98-573, 505(b), redesignated former par (3)
as (7).
Subsec. (d)(1). Pub. L. 98-573, 505(b), designated existing first
sentence as par. (1) and substituted ''Subsection (c)(1)(B) of this
section (after application of subsection (c)(2) of this section) shall
not apply with respect to any eligible article if a like or directly
competitive article is not produced in the United States on January 3,
1985'' for ''Subsection (c)(1)(B) of this section does not apply with
respect to any eligible article if a like or directly competitive
article is not produced on January 3, 1975, in the United States''.
Subsec. (d)(2). Pub. L. 98-573, 505(b), designated existing second
sentence as par. (2) and substituted ''$5,000,000 as the gross national
product of the United States for that calendar year (as determined by
the Department of Commerce) bears to the gross national product of the
United States for calendar year 1979'' for ''$1,000,000 as the gross
national product of the United States for that calendar year, as
determined by the Department of Commerce, bears to the gross national
product of the United States for the calendar year 1979''.
Subsec. (f). Pub. L. 98-573, 505(c), added subsec. (f).
1979 -- Subsec. (c)(1). Pub. L. 96-39, 1106(g)(3), substituted ''90
days'' and ''90th day'' for ''60 days'' and ''60th day'', respectively,
in provisions after subpar. (B).
Subsec. (c)(3). Pub. L. 96-39, 1111(a)(4)(A), added par. (3).
Subsec. (d). Pub. L. 96-39, 1111(a)(4)(B), provided that the
President may disregard subsection (c)(1)(B) of this section with
respect to any eligible article if the appraised value of the total
imports of that article into the United States during the preceding
calendar year is not in excess of an amount which bears the same ratio
to $1,000,000 as the gross national product of the United States for
that calendar year, as determined by the Department of Commerce, bears
to the gross national product of the United States for calendar year
1979.
Amendment by Pub. L. 98-573 effective Jan. 4, 1985, see section 508
of Pub. L. 98-573, set out as a note under section 2461 of this title.
Amendment by section 1106(g)(3) of Pub. L. 96-39 effective July 26,
1979, see section 1114 of Pub. L. 96-39, set out as an Effective Date
note under section 2581 of this title.
Section 1111(b) of Pub. L. 96-39 provided that: ''The amendments
made by paragraph (4) of subsection (a) (amending this section) shall
take effect on April 1, 1980.''
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
/1/ So in original. Probably should be ''thereafter,''.
19 USC 2465. Termination of duty-free treatment and reports
TITLE 19 -- CUSTOMS DUTIES
(a) Date of termination
No duty-free treatment provided under this subchapter shall remain in
effect after July 4, 1993.
(b) Report on operation of subchapter
On or before January 4, 1990, the President shall submit to the
Congress a full and complete report regarding the operation of this
subchapter.
(c) Annual report on worker rights
The President shall submit an annual report to the Congress on the
status of internationally recognized worker rights within each
beneficiary developing country.
(Pub. L. 93-618, title V, 505, Jan. 3, 1975, 88 Stat. 2071; Pub.
L. 98-573, title V, 506(a), Oct. 30, 1984, 98 Stat. 3023.)
1984 -- Pub. L. 98-573 amended section generally, making changes
summarized as follows:
Subsec. (a). Pub. L. 98-573 substituted ''treatment provided'' for
''treatment'' and ''July 4, 1993'' for ''the date which is 10 years
after January 3, 1975''.
Subsec. (b). Pub. L. 98-573 substituted ''On or before January 4,
1990'' for ''On or before the date which is 5 years after January 3,
1975'' and ''report regarding the operation'' for ''report of the
operation''.
Subsec. (c). Pub. L. 98-573 added subsec. (c).
Amendment by Pub. L. 98-573 effective Jan. 4, 1985, see section 508
of Pub. L. 98-573, set out as a note under section 2461 of this title.
19 USC 2466. Agricultural exports of beneficiary developing countries
TITLE 19 -- CUSTOMS DUTIES
The appropriate agencies of the United States shall assist
beneficiary developing countries to develop and implement measures
designed to assure that the agricultural sectors of their economies are
not directed to export markets to the detriment of the production of
foodstuffs for their citizenry.
(Pub. L. 93-618, title V, 506, as added Pub. L. 98-573, title V,
507(a), Oct. 30, 1984, 98 Stat. 3023.)
Section effective Jan. 4, 1985, see section 508 of Pub. L. 98-573,
set out as an Effective Date of 1984 Amendment note under section 2461
of this title.
19 USC SUBCHAPTER VI -- GENERAL PROVISIONS
TITLE 19 -- CUSTOMS DUTIES
19 USC 2481. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this chapter --
(1) The term ''duty'' includes the rate and form of any import duty,
including but not limited to tariff-rate quotas.
(2) The term ''other import restriction'' includes a limitation,
prohibition, charge, or exaction other than duty, imposed on importation
or imposed for the regulation of importation. The term does not include
any orderly marketing agreement.
(3) The term ''ad valorem'' includes ad valorem equivalent. Whenever
any limitation on the amount by which or to which any rate of duty may
be decreased or increased pursuant to a trade agreement is expressed in
terms of an ad valorem percentage, the ad valorem amount taken into
account for purposes of such limitation shall be determined by the
President on the basis of the value of imports of the articles concerned
during the most recent representative period.
(4) The term ''ad valorem equivalent'' means the ad valorem
equivalent of a specific rate or, in the case of a combination of rates
including a specific rate, the sum of the ad valorem equivalent of the
specific rate and of the ad valorem rate. The ad valorem equivalent
shall be determined by the President on the basis of the value of
imports of the article concerned during the most recent representative
period. In determining the value of imports, the President shall
utilize, to the maximum extent practicable, the standards of valuation
contained in section 1401a or 1402 /1/ of this title (as in effect
before the effective date of the amendments made by title II of the
Trade Agreements Act of 1979) or in section 1401a of this title (as in
effect on the effective date of such title II amendments) whichever is
applicable to the article concerned during such representative period.
(5) An imported article is ''directly competitive with'' a domestic
article at an earlier or later stage of processing, and a domestic
article is ''directly competitive with'' an imported article at an
earlier or later stage of processing, if the importation of the article
has an economic effect on producers of the domestic article comparable
to the effect of importation of articles in the same stage of processing
as the domestic article. For purposes of this paragraph, the
unprocessed article is at an earlier stage of processing.
(6) The term ''modification'', as applied to any duty or other import
restriction, includes the elimination of any duty or other import
restriction.
(7) The term ''existing'' means (A) when used, without the
specification of any date, with respect to any matter relating to
entering into or carrying out a trade agreement or other action
authorized by this chapter, existing on the day on which such trade
agreement is entered into or such other action is taken; and (B) when
used with respect to a rate of duty, the nonpreferential rate of duty
(however established, and even though temporarily suspended by Act of
Congress or otherwise) set forth in rate column numbered 1 of chapters 1
through 97 of the Harmonized Tariff Schedule of the United States on the
date specified or (if no date is specified) on the day referred to in
clause (A).
(8) A product of a country or area is an article which is the growth,
produce, or manufacture of such country or area.
(9) The term ''nondiscriminatory treatment'' means
most-favored-nation treatment.
(10) The term ''commerce'' includes services associated with
international trade.
(Pub. L. 93-618, title VI, 601, Jan. 3, 1975, 88 Stat. 2071; Pub.
L. 96-39, title II, 202(c)(1), title XI, 1106(h)(1), July 26, 1979, 93
Stat. 202, 313; Pub. L. 100-418, title I, 1214(j)(5), Aug. 23, 1988,
102 Stat. 1158.)
Section 1402 of this title, referred to in par. (4), was repealed by
Pub. L. 96-39, title II, 201(b), July 26, 1979, 93 Stat. 201.
The effective date of the amendments made by title II of the Trade
Agreements Act of 1979, referred to in par. (4), is July 1, 1980. See
section 204(a) of Pub. L. 96-39, set out as an Effective Date of 1979
Amendment note under section 1401a of this title.
The Harmonized Tariff Schedule of the United States, referred to in
par. (7), is not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of this title.
1988 -- Par. (7). Pub. L. 100-418 substituted ''chapters 1 through
97 of the Harmonized Tariff Schedule of the United States'' for
''schedules 1 through 7 of the Tariff Schedules of the United States''.
1979 -- Par. (2). Pub. L. 96-39, 1106(h)(1), substituted ''or
exaction'' for ''and exaction''.
Par. (4). Pub. L. 96-39, 202(c)(1), substituted ''section 1401a or
1402 of this title (as in effect before the effective date of the
amendments made by title II of the Trade Agreements Act of 1979) or in
sections 1401a of this title (as in effect on the effective date of such
title II amendments) whichever is applicable'' for ''section 1401a or
1402 of this title applicable''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.
Amendment by section 202(c)(1) of Pub. L. 96-39 effective July 1,
1980, see section 204(a) of Pub. L. 96-39, set out as a note under
section 1401a of this title.
Amendment by section 1106(h)(1) of Pub. L. 96-39 effective July 26,
1979, see section 1114 of Pub. L. 96-39, set out as an Effective Date
note under section 2581 of this title.
/1/ See References in Text note below.
19 USC 2482. Exercise of functions of International Trade Commission
TITLE 19 -- CUSTOMS DUTIES
(a) Preliminary investigation
In order to expedite the performance of its functions under this
chapter, the International Trade Commission may conduct preliminary
investigations, determine the scope and manner of its proceedings, and
consolidate proceedings before it.
(b) Use of authority granted under other provisions
In performing its functions under this chapter, the Commission may
exercise any authority granted to it under any other Act.
(c) Gathering of current information
The Commission shall at all times keep informed concerning the
operation and effect of provisions relating to duties or other import
restrictions of the United States contained in trade agreements entered
into under the trade agreements program.
(Pub. L. 93-618, title VI, 603, Jan. 3, 1975, 88 Stat. 2073.)
This chapter, referred to in subsecs. (a) and (b), was in the
original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
1978, as amended, which is classified principally to this chapter. For
complete classification of this Act to the Code, see References in Text
note set out under section 2101 of this title and Tables.
19 USC 2483. Consequential changes in Tariff Schedules of the United
States
TITLE 19 -- CUSTOMS DUTIES
The President shall from time to time, as appropriate, embody in the
Harmonized Tariff Schedule of the United States the substance of the
relevant provisions of this chapter, and of other Acts affecting import
treatment, and actions thereunder, including removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
(Pub. L. 93-618, title VI, 604, Jan. 3, 1975, 88 Stat. 2073; Pub.
L. 100-418, title I, 1213(a), 1214(j)(4), Aug. 23, 1988, 102 Stat.
1155, 1158.)
The Harmonized Tariff Schedule of the United States, referred to in
text, is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
This chapter, referred to in text, was in the original ''this Act'',
meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended,
which is classified principally to this chapter. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
1988 -- Pub. L. 100-418 substituted ''Harmonized Tariff Schedule of
the United States'' for ''Tariff Schedules of the United States'' and
inserted ''removal,'' after ''including''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.
19 USC 2484. International drug control
TITLE 19 -- CUSTOMS DUTIES
The President shall submit a report to Congress at least once each
calendar year listing those foreign countries in which narcotic drugs
and other controlled substances (as listed under section 812 of title
21) are produced, processed, or transported for unlawful entry into the
United States. Such report shall include a description of the measures
such countries are taking to prevent such production, processing, or
transport.
(Pub. L. 93-618, title VI, 606, Jan. 3, 1975, 88 Stat. 2073.)
19 USC 2485. Voluntary limitations on export of steel to United States
TITLE 19 -- CUSTOMS DUTIES
No person shall be liable for damages, penalties, or other sanctions
under the Federal Trade Commission Act (15 U.S.C. 41 et seq.) or the
Antitrust Acts (as defined in section 4 of the Federal Trade Commission
Act (15 U.S.C. 44)), or under any similar State law, on account of his
negotiating, entering into, participating in, or implementing an
arrangement providing for the voluntary limitation on exports of steel
and steel products to the United States, or any modification or renewal
of such an arrangement, if such arrangement or such modification or
renewal --
(1) was undertaken prior to January 3, 1975, at the request of the
Secretary of State or his delegate, and
(2) ceases to be effective not later than January 1, 1975.
(Pub. L. 93-618, title VI, 607, Jan. 3, 1975, 88 Stat. 2073.)
The Federal Trade Commission Act, referred to in text, is act Sept.
26, 1914, ch. 311, 38 Stat. 717, as amended, which is classified
generally to subchapter I ( 41 et seq.) of chapter 2 of Title 15,
Commerce and Trade. For complete classification of this Act to the
Code, see section 58 of Title 15 and Tables.
19 USC 2486. Trade relations with North American countries
TITLE 19 -- CUSTOMS DUTIES
(a) Negotiations for free trade area with Canada
It is the sense of the Congress that the United States should enter
into a trade agreement with Canada which will guarantee continued
stability to the economies of the United States and Canada. In order to
promote such economic stability, the President may initiate negotiations
for a trade agreement with Canada to establish a free trade area
covering the United States and Canada. Nothing in this section shall be
construed as prior approval of any legislation which may be necessary to
implement such a trade agreement.
(b) Regional study
The President shall study the desirability of entering into trade
agreements with countries in the northern portion of the western
hemisphere to promote the economic growth of the United States and such
countries and the mutual expansion of market opportunities and report to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate his findings and conclusions within 2
years after July 26, 1979. The study shall include an examination of
competitive opportunities and conditions of competition between such
countries and the United States in the agricultural, energy, and other
appropriate sectors.
(Pub. L. 93-618, title VI, 612, Jan. 3, 1975, 88 Stat. 2076; Pub.
L. 96-39, title XI, 1104(a), (b)(1), July 26, 1979, 93 Stat. 310.)
1979 -- Pub. L. 96-39 designated existing provisions as subsec. (a)
and added subsec. (b).
Amendment by Pub. L. 96-39 effective July 26, 1979, see section 1114
of Pub. L. 96-39, set out as an Effective Date note under section 2581
of this title.
19 USC 2487. Repealed. Pub. L. 102-145, 121, as added Pub. L.
102-266, 102, Apr. 1, 1992, 106 Stat. 95
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 93-618, title VI, 613, Jan. 3, 1975, 88 Stat.
2076, related to limitation on credit to Russia.
19 USC SUBCHAPTER VII -- TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR DRUG-TRANSIT
COUNTRIES
TITLE 19 -- CUSTOMS DUTIES
19 USC 2491. Short title
TITLE 19 -- CUSTOMS DUTIES
This subchapter may be cited as the ''Narcotics Control Trade Act''.
(Pub. L. 93-618, title VIII, 801, as added Pub. L. 99-570, title IX,
9001, Oct. 27, 1986, 100 Stat. 3207-164.)
19 USC 2492. Tariff treatment of products of uncooperative major drug
producing or drug-transit countries
TITLE 19 -- CUSTOMS DUTIES
(a) Required action by President
Subject to subsection (b) of this section, for every major drug
producing country and every major drug-transit country, the President
shall, on or after March 1, 1987, and March 1 of each succeeding year,
to the extent considered necessary by the President to achieve the
purposes of this subchapter --
(1) deny to any or all of the products of that country tariff
treatment under the Generalized System of Preferences, the Caribbean
Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), or any other law
providing preferential tariff treatment;
(2) apply to any or all of the dutiable products of that country an
additional duty at a rate not to exceed 50 percent ad valorem or the
specific rate equivalent;
(3) apply to one or more duty-free products of that country a duty at
a rate not to exceed 50 percent ad valorem;
(4) take the steps described in subsection (d)(1) or (d)(2) of this
section, or both, to curtail air transportation between the United
States and that country;
(5) withdraw the personnel and resources of the United States from
participation in any arrangement with that country for the pre-clearance
of customs by visitors between the United States and that country; or
(6) take any combination of the actions described in paragraphs (1)
through (5).
(b) Certifications; Congressional action
(1)(A) Subject to paragraph (3), subsection (a) of this section shall
not apply with respect to a country if the President determines and
certifies to the Congress, at the time of the submission of the report
required by section 2291h of title 22, that --
(i) during the previous year the country has cooperated fully with
the United States, or has taken adequate steps on its own --
(I) in satisfying the goals agreed to in an applicable bilateral
narcotics agreement with the United States (as described in paragraph
(B)) or a multilateral agreement which achieves the objectives of
paragraph (B),
(II) in preventing narcotic and psychotropic drugs and other
controlled substances produced or processed, in whole or in part, in
such country or transported through such country, from being sold
illegally within the jurisdiction of such country to United States
Government personnel or their dependents or from being transported,
directly or indirectly, into the United States,
(III) in preventing and punishing the laundering in that country of
drug-related profits or drug-related moneys, and
(IV) in preventing and punishing bribery and other forms of public
corruption which facilitate the illicit production, processing, or
shipment of narcotic and psychotropic drugs and other controlled
substances, or which discourage the investigation and prosecution of
such acts; or
(ii) for a country that would not otherwise qualify for certification
under clause (i), the vital national interests of the United States
require that subsection (a) of this section not be applied with respect
to that country.
(B) A bilateral narcotics agreement referred to in subparagraph
(A)(i)(I) is an agreement between the United States and a foreign
country in which the foreign country agrees to take specific activities,
including, where applicable, efforts to --
(i) reduce drug production, drug consumption, and drug trafficking
within its territory, including activities to address illicit crop
eradication and crop substitution;
(ii) increase drug interdiction and enforcement;
(iii) increase drug education and treatment programs;
(iv) increase the identification of and elimination of illicit drug
laboratories;
(v) increase the identification and elimination of the trafficking of
essential precursor chemicals for the use in production of illegal
drugs;
(vi) increase cooperation with United States drug enforcement
officials; and
(vii) where applicable, increase participation in extradition
treaties, mutual legal assistance provisions directed at money
laundering, sharing of evidence, and other initiatives for cooperative
drug enforcement.
(C) A country which in the previous year was designated as a major
drug producing country or a major drug-transit country may not be
determined to be cooperating fully under subparagraph (A)(i) unless it
has in place a bilateral narcotics agreement with the United States or a
multilateral agreement which achieves the objectives of subparagraph
(B).
(D) If the President makes a certification with respect to a country
pursuant to subparagraph (A)(ii), he shall include in such certification
--
(i) a full and complete description of the vital national interests
placed at risk if action is taken pursuant to subsection (a) of this
section with respect to that country; and
(ii) a statement weighing the risk described in clause (i) against
the risks posed to the vital national interests of the United States by
the failure of such country to cooperate fully with the United States in
combating narcotics or to take adequate steps to combat narcotics on its
own.
(E) The President may make a certification under subparagraph (A)(i)
with respect to a major drug producing country or drug-transit country
which is also a producer of licit opium only if the President determines
that such country has taken steps to prevent significant diversion of
its licit cultivation and production into the illicit market, maintains
production and stockpiles at levels no higher than those consistent with
licit market demand, and prevents illicit cultivation and production.
(2) In determining whether to make the certification required by
paragraph (1) with respect to a country, the President shall consider
the following:
(A) Have the actions of the government of that country resulted in
the maximum reductions in illicit drug production which were determined
to be achievable pursuant to section 2291h of title 22? In the case of
a major drug producing country, the President shall give foremost
consideration, in determining whether to make the certification required
by paragraph (1), to whether the government of that country has taken
actions which have resulted in such reductions.
(B) Has that government taken the legal and law enforcement measures
to enforce in its territory, to the maximum extent possible, the
elimination of illicit cultivation and the suppression of illicit
manufacturing of and trafficking in narcotic and psychotropic drugs and
other controlled substances, as evidenced by seizures of such drugs and
substances and of illicit laboratories and the arrest and prosecution of
violators involved in the traffic in such drugs and substances
significantly affecting the United States?
(C) Has that government taken the legal and law enforcement steps
necessary to eliminate, to the maximum extent possible, the laundering
in that country of drug-related profits or drug-related moneys, as
evidenced by --
(i) the enactment and enforcement by that government of laws
prohibiting such conduct,
(ii) that government entering into, and cooperating under the terms
of, mutual legal assistance agreements with the United States governing
(but not limited to) money laundering, and
(iii) the degree to which that government otherwise cooperates with
United States law enforcement authorities on anti-money laundering
efforts?
(D) Has that government taken the legal and law enforcement steps
necessary to eliminate, to the maximum extent possible, bribery and
other forms of public corruption which facilitate the illicit
production, processing, or shipment of narcotic and psychotropic drugs
and other controlled substances, or which discourage the investigation
and prosecution of such acts, as evidenced by the enactment and
enforcement of laws prohibiting such conduct?
(E) Has that government, as a matter of government policy, encouraged
or facilitated the production or distribution of illicit narcotic and
psychotropic drugs and other controlled substances?
(F) Does any senior official of that government engage in, encourage,
or facilitate the production or distribution of illicit narcotic and
psychotropic drugs and other controlled substances?
(G) Has that government investigated aggressively all cases in which
any member of an agency of the United States Government engaged in drug
enforcement activities since January 1, 1985, has been the victim of
acts or threats of violence, inflicted by or with the complicity of any
law enforcement or other officer of such country or any political
subdivision thereof, and has energetically sought to bring the
perpetrators of such offense or offenses to justice?
(H) Having been requested to do so by the United States Government,
does that government fail to provide reasonable cooperation to lawful
activities of United States drug enforcement agents, including the
refusal of permission to such agents engaged in interdiction of aerial
smuggling into the United States to pursue suspected aerial smugglers a
reasonable distance into the airspace of the requested country?
(I) Has that government made necessary changes in legal codes in
order to enable law enforcement officials to move more effectively
against narcotics traffickers, such as new conspiracy laws and new asset
seizure laws?
(J) Has that government expeditiously processed United States
extradition requests relating to narcotics trafficking?
(K) Has that government refused to protect or give haven to any known
drug traffickers, and has it expeditiously processed extradition
requests relating to narcotics trafficking made by other countries?
(3) Subsection (a) of this section shall apply to a country without
regard to paragraph (1) of this subsection if the Congress enacts,
within 45 days of continuous session after receipt of a certification
under paragraph (1), a joint resolution disapproving the determination
of the President contained in that certification.
(4) If the President takes action under subsection (a) of this
section, that action shall remain in effect until --
(A) the President makes the certification under paragraph (1), a
period of 45 days of continuous session of Congress elapses, and during
that period the Congress does not enact a joint resolution of
disapproval; or
(B) the President submits at any other time a certification of the
matters described in paragraph (1) with respect to that country, a
period of 45 days of continuous session of Congress elapses, and during
that period the Congress does not enact a joint resolution of
disapproving the determination contained in that certification.
(5) For the purpose of expediting the consideration and enactment of
joint resolutions under paragraphs (3) and (4) --
(A) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on Ways and Means
shall be treated as highly privileged in the House of Representatives;
and
(B) a motion to proceed to the consideration of any such joint
resolution after it has been reported by the Committee on Finance shall
be treated as privileged in the Senate.
(c) Duration of action
The action taken by the President under paragraph (1), (2), or (3) of
subsection (a) of this section shall apply to the products of a foreign
country that are entered, or withdrawn from warehouse for consumption,
during the period that such action is in effect.
(d) Presidential action regarding aviation
(1)(A) The President is authorized to notify the government of a
country against which is imposed the sanction described in subsection
(a)(4) of this section of his intention to suspend the authority of
foreign air carriers owned or controlled by the government or nationals
of that country to engage in foreign air transportation to or from the
United States.
(B) Within 10 days after the date of notification of a government
under subparagraph (A), the Secretary of Transportation shall take all
steps necessary to suspend at the earliest possible date the authority
of any foreign air carrier owned or controlled, directly or indirectly,
by the government or nationals of that country to engage in foreign air
transportation to or from the United States, notwithstanding any
agreement relating to air services.
(C) The President may also direct the Secretary of Transportation to
take such steps as may be necessary to suspend the authority of any air
carrier to engage in foreign air transportation between the United
States and that country.
(2)(A) The President may direct the Secretary of State to terminate
any air service agreement between the United States and a country
against which the sanction described in subsection (a)(4) of this
section is imposed in accordance with the provisions of that agreement.
(B) Upon termination of an agreement under this paragraph, the
Secretary of Transportation shall take such steps as may be necessary to
revoke at the earliest possible date the right of any foreign air
carrier owned, or controlled, directly or indirectly, by the government
or nationals of that country to engage in foreign air transportation to
or from the United States.
(C) Upon termination of an agreement under this paragraph, the
Secretary of Transportation may also revoke the authority of any air
carrier to engage in foreign air transportation between the United
States and that country.
(3) The Secretary of Transportation may provide for such exceptions
from paragraphs (1) and (2) as the Secretary considers necessary to
provide for emergencies in which the safety of an aircraft or its crew
or passengers is threatened.
(4) For purposes of this subsection, the terms ''air
transportation'', ''air carrier'', ''foreign air carrier'' and ''foreign
air transportation'' have the meanings such terms have under section
1301 of title 49, Appendix.
(e) Standards and guidelines for determining major drug-transit
countries
For each calendar year, the Secretary of State, after consultation
with the appropriate committees of the Congress, shall establish
numerical standards and other guidelines for determining which countries
will be considered to be major drug-transit countries under section
2495(3)(A) and (B) of this title.
(Pub. L. 93-618, title VIII, 802, as added Pub. L. 99-570, title IX,
9001, Oct. 27, 1986, 100 Stat. 3207-164; amended Pub. L. 100-204,
title VIII, 806(a), Dec. 22, 1987, 101 Stat. 1398; Pub. L. 100-690,
title IV, 4408, Nov. 18, 1988, 102 Stat. 4281; Pub. L. 101-231,
17(h)(1)-(4), Dec. 13, 1989, 103 Stat. 1965; Pub. L. 102-583, 6(a),
Nov. 2, 1992, 106 Stat. 4932.)
Pub. L. 102-583, 6(a), Nov. 2, 1992, 106 Stat. 4932, provided
that, effective after Sept. 30, 1994, subsection (b)(1)(A), (2)(A) of
this section is amended by substituting ''section 2291i of title 22''
for ''section 2291h of title 22''.
The Caribbean Basin Economic Recovery Act, referred to in subsec.
(a)(1), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384, as
amended, which is classified principally to chapter 15 ( 2701 et seq.)
of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2701 of this title and Tables.
1992 -- Subsec. (b)(1)(A). Pub. L. 102-583 substituted ''section
2291h of title 22'' for ''section 2291(e) of title 22''.
Subsec. (b)(2)(A). Pub. L. 102-583 substituted ''section 2291h of
title 22'' for ''section 2291(e)(4) of title 22''.
1989 -- Subsec. (b)(1)(A)(i)(IV). Pub. L. 101-231, 17(h)(1),
substituted ''illicit production'' for ''production''.
Subsec. (b)(1)(B)(iii). Pub. L. 101-231, 17(h)(2), substituted
''education and treatment programs'' for ''treatment''.
Subsec. (b)(1)(B)(v). Pub. L. 101-231, 17(h)(3), substituted
''essential precursor chemicals'' for ''precursor chemicals''.
Subsec. (b)(2)(D). Pub. L. 101-231, 17(h)(4), substituted ''illicit
production'' for ''production''.
1988 -- Subsec. (b)(1). Pub. L. 100-690, 4408(a), amended par. (1)
generally. Prior to amendment, par. (1) read as follows: ''Subsection
(a) of this section shall not apply with respect to a country if the
President determines and so certifies to the Congress, at the time of
the submission of the report required by section 2291(e) of title 22,
that during the previous year that country has cooperated fully with the
United States, or has taken adequate steps on its own, in preventing
narcotic and psychotropic drugs and other controlled substances produced
or processed, in whole or in part, in such country or transported
through such country, from being sold illegally within the jurisdiction
of such country to United States Government personnel or their
dependents or from being transported, directly or indirectly, into the
United States and in preventing and punishing corruption by government
officials and the laundering in that country of drug-related profits or
drug-related monies.''
Subsec. (b)(2). Pub. L. 100-690, 4408(a), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''In making
the certification required by paragraph (1), the President shall give
foremost consideration to whether the actions of the government of the
country have resulted in the maximum reductions in illicit drug
production which were determined to be achievable pursuant to section
2291(e)(4) of title 22. The President shall also consider whether such
government --
''(A) has taken the legal and law enforcement measures to enforce in
its territory, to the maximum extent possible, the elimination of
illicit cultivation and the suppression of illicit manufacture of and
traffic in narcotic and psychotropic drugs and other controlled
substances, as evidenced by seizures of such drugs and substances and of
illicit laboratories and the arrest and prosecution of violators
involved in the traffic in such drugs and substances significantly
affecting the United States;
''(B) has taken the legal and law enforcement steps necessary to
eliminate, to the maximum extent possible, the laundering in that
country of drug-related profits or drug-related monies, as evidence by
--
''(i) the enactment and enforcement of laws prohibiting such conduct,
''(ii) the willingness of such government to enter into mutual legal
assistance agreements with the United States governing (but not limited
to) money laundering, and
''(iii) the degree to which such government otherwise cooperates with
United States law enforcement authorities on anti-money laundering
efforts; and
''(C) has taken the legal and law enforcement steps necessary to
eliminate, to the maximum extent possible, corruption by government
officials, with particular emphasis on the elimination of bribery.''
Subsec. (b)(3), (4). Pub. L. 100-690, 4408(b), substituted ''45
days'' for ''30 days'' wherever appearing.
Subsec. (e). Pub. L. 100-690, 4408(c), added subsec. (e).
1987 -- Subsec. (a)(4) to (6). Pub. L. 100-204, 806(a)(1), added
pars. (4) and (5) and redesignated former par. (4) as (6) and amended
it generally. Prior to amendment, par. (6) read as follows: ''take
any combination of the actions described in paragraphs (1), (2), and
(3).''
Subsec. (b). Pub. L. 100-204, 806(a)(2), inserted ''corruption by
government officials and'' after ''preventing and punishing'' in par.
(1) and added par. (2)(C).
Subsec. (c). Pub. L. 100-204, 806(a)(3), inserted ''paragraph (1),
(2), or (3) of'' after ''under''.
Subsec. (d). Pub. L. 100-204, 806(a)(4), added subsec. (d).
Section 6(a) of Pub. L. 102-583 provided that the amendment
substituting section 2291i of title 22 for section 2291h of title 22, is
effective after Sept. 30, 1994.
19 USC 2493. Sugar quota
TITLE 19 -- CUSTOMS DUTIES
Notwithstanding any other provision of law, the President may not
allocate any limitation imposed on the quantity of sugar to any country
which has a Government involved in the trade of illicit narcotics or is
failing to cooperate with the United States in narcotics enforcement
activities as defined in section 2492(b) of this title as determined by
the President.
(Pub. L. 93-618, title VIII, 803, as added Pub. L. 99-570, title IX,
9001, Oct. 27, 1986, 100 Stat. 3207-165.)
19 USC 2494. Progress reports
TITLE 19 -- CUSTOMS DUTIES
The President shall include as a part of the annual report required
under section 2291h of title 22 an evaluation of progress that each
major drug producing country and each major drug-transit country has
made during the reporting period in achieving the objectives set forth
in section 2492(b) of this title.
(Pub. L. 93-618, title VIII, 804, as added Pub. L. 99-570, title IX,
9001, Oct. 27, 1986, 100 Stat. 3207-166; amended Pub. L. 102-583,
6(a), Nov. 2, 1992, 106 Stat. 4932.)
Pub. L. 102-583, 6(a), Nov. 2, 1992, 106 Stat. 4932, provided
that, effective after Sept. 30, 1994, this section is amended by
substituting ''section 2291i of title 22'' for ''section 2291h of title
22''.
1992 -- Pub. L. 102-583 substituted ''section 2291h of title 22''
for ''section 2291(e)(1) of title 22''.
Section 6(a) of Pub. L. 102-583 provided that the amendment
substituting section 2291i of title 22 for section 2291h of title 22, is
effective after Sept. 30, 1994.
19 USC 2495. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this subchapter --
(1) continuity of a session of Congress is broken only by an
adjournment of the Congress sine die, and the days on which either House
is not in session because of an adjournment of more than three days to a
day certain are excluded in the computation of the period indicated;
(2) the term ''major drug producing country'' means a country that
illicitly produces during a fiscal year 5 metric tons or more of opium
or opium derivative, 500 metric tons or more of coca, or 500 metric tons
or more of marijuana; and
(3) the term ''major drug-transit country'' means a country --
(A) that is a significant direct source of illicit narcotic or
psychotropic drugs or other controlled substances significantly
affecting the United States;
(B) through which are transported such drugs or substances; or
(C) through which significant sums of drug-related profits or monies
are laundered with the knowledge or complicity of the government; and
(4) the term ''narcotic and psychotropic drugs and other controlled
substances'' has the same meaning as is given by any applicable
international narcotics control agreement or domestic law of the country
or countries concerned.
(Pub. L. 93-618, title VIII, 805, as added Pub. L. 99-570, title IX,
9001, Oct. 27, 1986, 100 Stat. 3207-166; amended Pub. L. 101-231,
17(h)(5), Dec. 13, 1989, 103 Stat. 1965.)
1989 -- Par. (2). Pub. L. 101-231 amended par. (2) generally.
Prior to amendment, par. (2) read as follows: ''the term 'major drug
producing country' means a country producing five metric tons or more of
opium or opium derivative during a fiscal year or producing five hundred
metric tons or more of coca or marijuana (as the case may be) during a
fiscal year; and''.
19 USC CHAPTER 13 -- TRADE AGREEMENTS ACT OF 1979
TITLE 19 -- CUSTOMS DUTIES
Sec.
2501. Short title.
2502. Congressional statement of purposes.
2503. Approval of trade agreements.
(a) Approval of agreements and statements of administrative action.
(b) Acceptance of agreements by the President.
(c) Trade agreements to which this chapter applies.
2504. Relationship of trade agreements to United States law.
(a) United States statutes to prevail in conflict.
(b) Implementing regulations.
(c) Changes in statutes to implement a requirement, amendment, or
recommendation.
(d) Unspecified private remedies not created.
2511. General authority to modify discriminatory purchasing
requirements.
(a) Presidential waiver of discriminatory purchasing requirements.
(b) Designation of eligible countries and instrumentalities.
(c) Modification or withdrawal of waivers and designations.
(d) Limitations on waiver authority not effective unless provision
amended.
2512. Authority to encourage reciprocal competitive procurement
practices.
(a) Authority to bar procurement from non-designated countries.
(b) Deferrals and waivers.
(c) Report on impact of restrictions.
(d) Proposed action.
2513. Waiver of discriminatory purchasing requirements with respect
to purchases of civil aircraft.
2514. Expansion of the coverage of the Agreement.
(a) Overall negotiating objective.
(b) Sector negotiating objectives.
(c) Independent verification objective.
(d) Reports on negotiations.
(e) Extension of nondiscrimination and national treatment.
2515. Monitoring and enforcement.
(a) Monitoring and enforcement structure recommendations.
(b) Rules of origin.
(c) Report to Congress on rules of origin.
(d) Annual report on foreign discrimination.
(e) Consultation.
(f) Procedures with respect to violations of Agreement.
(g) Procedures with respect to other discrimination.
(h) Limitations on imposing sanctions.
(i) Renegotiation to secure full and open competition.
(j) Federal Register notices of actions.
(k) General report on actions under this section.
2516. Labor surplus area studies.
(a) Effect on the economy.
(b) Effect on targets.
2517. Availability of information to Members of Congress designated
as official advisers.
2518. Definitions.
(1) Agreement.
(2) Civil aircraft.
(3) Developed countries.
(4) Eligible product.
(5) Instrumentality.
(6) Least developed country.
(7) Major industrial country.
2531. Certain standards-related activities.
2532. Federal standards-related activities.
(1) Nondiscriminatory treatment.
(2) Use of international standards.
(3) Performance criteria.
(4) Certification access for foreign suppliers.
2533. State and private standards-related activities.
(a) In general.
(b) Presidential action.
2541. Functions of Trade Representative.
(a) In general.
(b) Negotiating functions.
(c) Cross reference.
2542. Establishment and operation of technical offices.
(a) Establishment.
(b) Functions of offices.
2543. Representation of United States interests before international
standards organizations.
(a) Oversight and consultation.
(b) Representation of United States interests by private persons.
(c) Representation of United States interests by Federal agencies.
2544. Standards information center.
(a) Establishment.
(b) Functions.
2545. Contracts and grants.
(a) In general.
(b) Terms and conditions.
(c) Limitations.
(d) Audit.
2546. Technical assistance.
2547. Consultations with representatives of domestic interests.
2551. Right of action.
2552. Representations.
2553. Action after receipt of representations.
(a) Review.
(b) Resolution.
2554. Procedure after finding by international forum.
(a) In general.
(b) Cross reference.
2561. Findings of reciprocity required in administrative
proceedings.
(a) In general.
(b) Exemptions.
2562. Consideration of standards-related activities by an
international forum.
2571. Definitions.
(1) Agreement.
(2) Certification system.
(3) Federal agency.
(4) International certification system.
(5) International standard.
(6) International standards organization.
(7) International standards-related activity.
(8) Party to the Agreement.
(9) Private person.
(10) Product.
(11) Secretary concerned.
(12) Trade Representative.
(13) Standard.
(14) Standards-related activity.
(15) State.
(16) State agency.
(17) United States.
2572. Exemptions.
2573. Reports to Congress on operation of agreement.
2581. Auction of import licenses.
(a) In general.
(b) ''Import license'' defined.
2582. Repealed.
19 USC 2501. Short title
TITLE 19 -- CUSTOMS DUTIES
This Act may be cited as the ''Trade Agreements Act of 1979''.
(Pub. L. 96-39, 1(a), July 26, 1979, 93 Stat. 144.)
This Act, referred to in text, is Pub. L. 96-39, July 26, 1979, 93
Stat. 144, which enacted this chapter and sections 1516a, 1671 to
1671f, 1673 to 1673i, 1675, 1677 to 1677g, and 2413 to 2416 of this
title, amended the Tariff Schedules, and sections 1303, 1311, 1315,
1332, 1336, 1337, 1351, 1401a, 1466, 1500, 1514 to 1516, 1872, 2033,
2112, 2119, 2131, 2155, 2192, 2194, 2211, 2251, 2253, 2411, 2412, 2432,
2434, 2435, 2462 to 2464, 2481, and 2486 of this title, section 5315 of
Title 5, Government Organization and Employees, section 301 of Title 13,
Census, sections 993, 5001 to 5008, 5043, 5061, 5064, 5066, 5116, 5171
to 5173, 5175 to 5178, 5180, 5181, 5201 to 5205, 5207, 5211 to 5215,
5221 to 5223, 5231, 5232, 5235, 5241, 5273, 5291, 5301, 5352, 5361 to
5363, 5365, 5381, 5391, 5551, 5601, 5604, 5610, 5612, 5615, 5663, 5681,
5682, and 5691 of Title 26, Internal Revenue Code, and sections 1541,
1582, 2632, and 2633, and 2637 of Title 28, Judiciary and Judicial
Procedure, repealed sections 160 to 171 and 1402 of this title and
sections 5009, 5021 to 5026, 5081 to 5084, 5174, 5233, 5234, 5251, 5252,
5364, and 5521 to 5523 of Title 26, enacted provisions set out as notes
under sections 160, 1202, 1303, 1311, 1401a, 1516a, 1671, 2111, 2112,
2119, 2135, 2464, 2511, 2531, and 2581 of this title, section 301 of
Title 13, and sections 1, 5001, 5061, 5171, and 5173 of Title 26, and
amended provisions set out as notes in the Tariff Schedules and under
section 2101 of this title. For complete classification of this Act to
the Code, see Tables.
19 USC 2502. Congressional statement of purposes
TITLE 19 -- CUSTOMS DUTIES
The purposes of this Act are --
(1) to approve and implement the trade agreements negotiated under
the Trade Act of 1974 (19 U.S.C. 2101 et seq.);
(2) to foster the growth and maintenance of an open world trading
system;
(3) to expand opportunities for the commerce of the United States in
international trade; and
(4) to improve the rules of international trade and to provide for
the enforcement of such rules, and for other purposes.
(Pub. L. 96-39, 1(c), July 26, 1979, 93 Stat. 146.)
This Act, referred to in provision preceding par. (1), is Pub. L.
96-39, July 26, 1979, 93 Stat. 144, known as the Trade Agreements Act
of 1979. For complete classification of this Act to the Code, see
References in Text note set out under section 2501 of this title and
Tables.
The Trade Act of 1974, referred to in par. (1), is Pub. L. 93-618,
Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified
principally to chapter 12 ( 2101 et seq.) of this title. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
19 USC 2503. Approval of trade agreements
TITLE 19 -- CUSTOMS DUTIES
(a) Approval of agreements and statements of administrative action
In accordance with the provisions of sections 2112 and 2191 of this
title, the Congress approves the trade agreements described in
subsection (c) of this section submitted to the Congress on June 19,
1979, and the statements of administrative action proposed to implement
such trade agreements submitted to the Congress on that date.
(b) Acceptance of agreements by the President
(1) In general
The President may accept for the United States the final legal
instruments or texts embodying each of the trade agreements approved by
the Congress under subsection (a) of this section. The President shall
submit a copy of each final instrument or text to the Congress on the
date such text or instrument is available, together with a notification
of any changes in the instruments or texts, including their annexes, if
any, as accepted and the texts of such agreements as submitted to the
Congress under subsection (a) of this section. Such final legal
instruments or texts shall be deemed to be the agreements submitted to
and approved by the Congress under subsection (a) of this section if
such changes are --
(A) only rectifications of a formal character or minor technical or
clerical changes which do not affect the substance or meaning of the
texts as submitted to the Congress on June 19, 1979, or
(B) changes in annexes to such agreements, and the President
determines that the balance of United States rights and obligations
under such agreements is maintained.
(2) Application of agreement between the United States and other
countries
No agreement accepted by the President under paragraph (1) shall
apply between the United States and any other country unless the
President determines that such country --
(A) has accepted the obligations of the agreement with respect to the
United States, and
(B) should not otherwise be denied the benefits of the agreement with
respect to the United States because such country has not accorded
adequate benefits, including substantially equal competitive
opportunities for the commerce of the United States to the extent
required under section 2136(c) of this title, to the United States.
(3) Limitation on acceptance concerning major industrial countries
The President may not accept an agreement described in paragraph (1),
(2), (3), (4), (5), (6), (7), (9), (10), or (11) of subsection (c) of
this section, unless he determines that each major industrial country
(as defined in section 2136(d) of this title) is also accepting the
agreement. Notwithstanding the preceding sentence, the President may
accept such an agreement, if he determines that only one major
industrial country is not accepting that agreement and the acceptance of
that agreement by that country is not essential to the effective
operation of the agreement, and if --
(A) that country is not a major factor in trade in the products
covered by that agreement,
(B) the President has authority to deny the benefits of the agreement
to that country and has taken steps to deny the benefits of the
agreement to that country, or
(C) a significant portion of United States trade would benefit from
the agreement, notwithstanding such nonacceptance, and the President
determines and reports to the Congress that it is in the national
interest of the United States to accept the agreement.
For purposes of this paragraph, the acceptance of an agreement by the
European Communities on behalf of its member countries shall also be
treated as acceptance of that agreement by each member country, and
acceptance of an agreement by all the member countries of the European
Communities shall also be treated as acceptance of that agreement by the
European Communities.
(c) Trade agreements to which this Act applies
The trade agreements to which subsection (a) of this section applies
are the following:
(1) The Agreement on Implementation of Article VII of the General
Agreement on Tariffs and Trade (relating to customs valuation).
(2) The Agreement on Government Procurement.
(3) The Agreement on Import Licensing Procedures.
(4) The Agreement on Technical Barriers to Trade (relating to product
standards).
(5) The Agreement on Interpretation and Application of Articles VI,
XVI, and XXIII of the General Agreement on Tariffs and Trade (relating
to subsidies and countervailing measures).
(6) The Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade (relating to antidumping measures).
(7) The International Dairy Arrangement.
(8) Certain bilateral agreements on cheese, other dairy products, and
meat.
(9) The Arrangement Regarding Bovine Meat.
(10) The Agreement on Trade in Civil Aircraft.
(11) Texts Concerning a Framework for the Conduct of World Trade.
(12) Certain Bilateral Agreements to Eliminate the Wine-Gallon Method
of Tax and Duty Assessment.
(13) Certain other agreements to be reflected in Schedule XX of the
United States to the General Agreement on Tariffs and Trade, including
Agreements --
(A) to Modify United States Watch Marking Requirements, and to Modify
United States Tariff Nomenclature and Rates of Duty for Watches,
(B) to Provide Duty-Free Treatment for Agricultural and Horticultural
Machinery, Equipment, Implements, and Parts Thereof, and
(C) to Modify United States Tariff Nomenclature and Rates of Duty for
Ceramic Tableware.
(14) The Agreement with the Hungarian People's Republic.
(Pub. L. 96-39, 2, July 26, 1979, 93 Stat. 147.)
This Act, referred to in subsec. (c), is Pub. L. 96-39, July 26,
1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For
complete classification of this Act to the Code, see References in Text
note set out under section 2501 of this title and Tables.
Functions of the President under subsec. (b) of this section
delegated to the United States Trade Representative, see section
1-103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as
a note under section 2171 of this title.
Pub. L. 96-490, 1, Dec. 2, 1980, 94 Stat. 2556, provided that:
''(a) Approval of Protocol. -- In accordance with the provisions of
sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112 and 2191),
the Congress approves --
''(1) the trade agreement entitled 'Protocol to the Agreement on
Implementation of Article VII of the General Agreement on Tariffs and
Trade' (hereinafter in this Act (amending section 1401a of this title
and enacting provision set out as a note under section 1401a of this
title) referred to as the 'Protocol') submitted to the Congress on
August 1, 1980; and
''(2) the statement of administrative action proposed to implement
such trade agreement submitted to the Congress on that date.
''(b) Acceptance of Protocol by the President. --
''(1) In general. -- Subject to paragraph (2), the President may
accept the Protocol for the United States.
''(2) Limitation on acceptance of protocol. -- Paragraph (3) of
section 2(b) of the Trade Agreements Act of 1979 (19 U.S.C. 2503(b)(3))
(relating to the limitation on acceptance of trade agreements concerning
major industrial countries) applies to the Protocol and for such purpose
the Protocol shall be treated as a trade agreement that is referred to
in such paragraph (3).
''(c) Application of Protocol. -- Paragraph (2) of section 2(b) of
such Act of 1979 (19 U.S.C. 2503(b)(2)) (relating to the application of
agreements between the United States and other countries) applies to the
Protocol and for such purpose the Protocol shall be treated as a trade
agreement that is accepted by the President under paragraph (1) of such
section 2(b).
''(d) Relationship of Protocol to United States Law. -- Subsections
(a), (b), (c), and (f) of section 3 of such Act of 1979 (19 U.S.C.
2504(a), (b), (c), and (f) (19 U.S.C. 2504(a), (b), (c), and (d)))
(relating to the priority of domestic law in case of conflict,
implementing regulations, statutory changes to implement agreement
amendments, and disclaimer regarding the creation of any private right
of action or remedy) apply to the Protocol and for such purpose the
Protocol shall be treated as a trade agreement approved by the Congress
under section 2(a) of such Act of 1979, 19 U.S.C. 2503(a).''
(The Protocol was accepted for the United States on Dec. 30, 1980.)
1. Pursuant to section 102 of the Trade Act of 1974 (19 U.S.C.
2112(b)), I, through my duly empowered representative, on April 12,
1979, entered into the international agreements negotiated in the Tokyo
Round of Multilateral Trade Negotiations. These agreements were:
(i) Agreement on Interpretation and Application of Articles VI, XVI
and XXIII of the General Agreement on Tariffs and Trade;
(ii) Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade;
(iii) Agreement on Implementation of Article VII of the General
Agreement on Tariffs and Trade;
(iv) Agreement on Government Procurement;
(v) Agreement on Technical Barriers to Trade;
(vi) Agreement on Import Licensing Procedures;
(vii) Agreement on Trade in Civil Aircraft;
(viii) International Dairy Arrangement; and
(ix) Arrangement Regarding Bovine Meat.
These agreements are collectively referred to herein as the ''MTN
agreements''.
2. In accordance with sections 102 and 151 of the Trade Act of 1974
(19 U.S.C. 2112 and 2191), the MTN agreements were submitted to Congress
for its approval. Section 2 of the Trade Agreements Act of 1979 (93
Stat. 147) (this section) approves the MTN agreements and authorizes the
President to accept each of the MTN agreements provided that the
President determines that all, or all but one, of the major industrial
countries (as defined in section 126(d) of the Trade Act of 1974 (19
U.S.C. 2136(d)) is also accepting the agreement. If the President
determines that only one major industrial country is not accepting an
agreement, the President may nevertheless accept such an agreement if he
determines that the acceptance of that agreement by that country is not
essential to the effective operation of the agreement, and if:
(A) that country is not a major factor in trade in the products
covered by that agreement;
(B) the President has authority to deny the benefits of the agreement
to that country and has taken steps to deny the benefits of the
agreement to that country; or
(C) a significant portion of United States trade would benefit from
the agreement, notwithstanding such nonacceptance, and the President
determines and reports to the Congress that it is in the national
interest of the United States to accept the agreement.
3. Section 2 of the Trade Agreements Act of 1979 (this section) also
provides that no agreement accepted by the President shall apply between
the United States and any other country unless the President determines
that such country:
(A) has accepted the obligations of the agreement with respect to the
United States, and
(B) should not otherwise be denied the benefits of the agreement with
respect to the United States because such country has not accorded
adequate benefits, including substantially equal competitive
opportunities for the commerce of the United States to the extent
required under section 126(c) of the Trade Act of 1974 (19 U.S.C.
2136(c)), to the United States.
4. Section 701 of the Tariff Act of 1930, as amended effective
January 1, 1980 (93 Stat. 151) (19 U.S.C. 1671), provides that the
President must determine that certain conditions must be met before a
country can be considered a ''country under the Agreement'' and,
therefore, entitled to the injury determination provided for in section
703(a) and 705(b) of the Tariff Act of 1930 (93 Stat. 152 and 159) (19
U.S.C. 1671b(a) and 1671d(b)).
5. Section 601(a) of the Trade Agreements Act of 1979 (93 Stat. 267)
authorizes the President to proclaim certain modifications in the Tariff
Schedules of the United States if the President determines that the
conditions under section 2(b) of the Trade Agreements Act of 1979 (93
Stat. 147) (subsec. (b) of this section) on acceptance of the Agreement
on Trade in Civil Aircraft have been fulfilled.
NOW, THEREFORE, I, JIMMY CARTER, President of the United States of
America, acting under and by virtue of the authority vested in me as
President, and in conformity with the provisions of sections 2 (this
section) and 601(a) of the Trade Agreements Act of 1979 (93 Stat. 147
and 267), herein referred to as ''the Act'', section 701 of the Tariff
Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) (19
U.S.C. 1671), and section 301 of title 3 of the United States Code do
hereby
1. Determine that:
a. With respect to the Agreement on Interpretation and Application of
Articles VI, XVI and XXIII of the General Agreement on Tariffs and
Trade, the Agreement on Implementation of Article VI of the General
Agreement on Tariffs and Trade, the Agreement on Technical Barriers to
Trade, the Agreement on Import Licensing Procedures, and the Agreement
on Trade in Civil Aircraft,
(i) in accordance with section 2(b)(1) and (3) of the Act (93 Stat.
147) (subsec. (b)(1) and (3) of this section), each major industrial
country (as defined in section 126(d) of the Trade Act of 1974 (19
U.S.C. 2136(d)) is also accepting the agreement with the exception of
Japan;
(ii) in accordance with section 2(b)(3) of the Act (93 Stat. 147)
(subsec. (b)(3) of this section), the acceptance of these agreements by
Japan is not essential to the effective operation of the agreements for
that period of time during which Japan is completing its Constitutional
procedures to accept the agreements and in light of the stated intention
of the Government of Japan to act in the interim in line with the
agreements within its existing powers; and
(iii) in accordance with section 2(b)(3)(C) of the Act (93 Stat.
148) (subsec. (b)(3)(C) of this section), a significant portion of
United States trade will benefit from these agreements, notwithstanding
the anticipated short delay in acceptance by Japan, and it is in the
national interest of the United States to accept these agreements.
b. The conditions in section 701(b)(3)(A), (B) and (C) of the Tariff
Act of 1930, as amended effective January 1, 1980 (93 Stat. 151) (19
U.S.C. 1671(b)(3)(A), (B) and (C)) will have been met with respect to
Venezuela, Honduras, Nepal, North Yemen, El Salvador, Paraguay and
Liberia.
c. With respect to the International Dairy Arrangement,
(i) in accordance with section 2(b)(1) and (3) of the Act (93 Stat.
147) (subsec. (b)(1) and (3) of this section), each major industrial
country (as defined in section 126(d)) (19 U.S.C. 2136(d)) is also
accepting the agreement with the exception of Canada;
(ii) in accordance with section 2(b)(3) of the Act (93 Stat. 147)
(subsec. (b)(3) of this section), the acceptance of this agreement by
Canada is not essential to the effective operation of the agreement;
and
(iii) in accordance with section 2(b)(3)(A) of the Act (subsec.
(b)(3)(A) of this section), Canada is not a major factor in trade in the
products covered by the agreement.
d. With respect to the Arrangement Regarding Bovine Meat, in
accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147)
(subsec. (b)(1) and (3) of this section), each major industrial country
(as defined in section 126(d) of the Trade Act of 1974 (19 U.S.C.
2136(d) is also accepting the agreement.
e. In accordance with section 601(a) of the Trade Agreements Act of
1979 (93 Stat. 267),
(i) the conditions under section 2(b) of that Act (93 Stat. 147)
(subsec. (b) of this section) on acceptance of the Agreement on Trade in
Civil Aircraft have been fulfilled;
(ii) the modifications provided for in section A of Annex II to
Proclamation No. 4707 of December 11, 1979 (see note set out under
section 2111 of this title), which were authorized by section 601(a) of
the Trade Agreements Act of 1979 (93 Stat. 267), shall be effective with
respect to articles entered, or withdrawn from warehouse, for
consumption on and after January 1, 1980; and
(iii) the amendment to section 466 of the Tariff Act of 1930 (19
U.S.C. 1466) provided for in section 601(a)(3) of the Trade Agreements
Act of 1979 (93 Stat. 268) shall be effective with respect to entries
made under section 466 on and after January 1, 1980.
2. Authorize the United States Special Representative for Trade
Negotiations (now United States Trade Representative), or his designee,
on behalf of the United States of America,
(a) to sign and accept the Agreement on Interpretation and
Application of Articles VI, XVI, and XXIII of the General Agreement on
Tariffs and Trade, the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade, the Agreement on Technical
Barriers to Trade, the Agreement on Import Licensing Procedures, the
Agreement on Trade in Civil Aircraft, the International Dairy
Arrangement and the Arrangement Regarding Bovine Meat;
(b) to sign the Agreement on Government Procurement subject to
satisfactory completion of negotiations on entity coverage under the
Agreement; and
(c) to sign the Agreement on Implementation of Article VII of the
General Agreement on Tariffs and Trade subject to acceptance.
3. (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.)
Jimmy Carter.
United States Special Representative for Trade Negotiations
redesignated the United States Trade Representative by Reorg. Plan No.
3 of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980,
as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980,
45 F.R. 993, set out as notes under section 2171 of this title. See,
also, section 2171 of this title as amended by Pub. L. 97-456.
Memorandum of the President of the United States, dated Dec. 14,
1979, provided:
I have signed the enclosed document concerning certain international
trade agreements pursuant to the authority vested in me under the
Constitution and laws of the United States, including the Trade
Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144) and section 301
of title 3 of the United States Code.
On my behalf, please transmit copies of this document to the Speaker
of the House of Representatives and the President of the Senate.
This document shall be published in the Federal Register.
Jimmy Carter.
19 USC 2504. Relationship of trade agreements to United States law
TITLE 19 -- CUSTOMS DUTIES
(a) United States statutes to prevail in conflict
No provision of any trade agreement approved by the Congress under
section 2503(a) of this title, nor the application of any such provision
to any person or circumstance, which is in conflict with any statute of
the United States shall be given effect under the laws of the United
States.
(b) Implementing regulations
Regulations necessary or appropriate to carry out actions proposed in
any statement of proposed administrative action submitted to the
Congress under section 2112 of this title to implement each agreement
approved under section 2503(a) of this title shall be issued within 1
year after the date of the entry into force of such agreement with
respect to the United States.
(c) Changes in statutes to implement a requirement, amendment, or
recommendation
(1) Presidential determination
Whenever the President determines that it is necessary or appropriate
to amend, repeal, or enact a statute of the United States in order to
implement any requirement of, amendment to, or recommendation under such
an agreement, he shall submit to the Congress a draft of a bill to
accomplish the amendment, repeal, or enactment and a statement of any
administrative action proposed to implement the requirement, amendment,
or recommendation. Not less than 30 days before submitting such a bill,
the President shall consult with the Committee on Ways and Means of the
House of Representatives, the Committee on Finance of the Senate, and
each committee of the House or Senate which has jurisdiction over
legislation involving subject matters which would be affected by such
amendment, repeal, or enactment. The consultation shall treat all
matters relating to the implementation of such requirement, amendment,
or recommendation, as provided in paragraphs (2) and (3).
(2) Conditions for taking effect under United States law
No such amendment shall enter into force with respect to the United
States, and no such requirement, amendment, or recommendation shall be
implemented under United States law, unless --
(A) the President, after consultation with the Congress under
paragraph (1), notifies the House of Representatives and the Senate of
his determination and publishes notice of that determination in the
Federal Register,
(B) the President transmits a document to the House of
Representatives and to the Senate containing a copy of the text of such
requirement, amendment, or recommendation, together with --
(i) a draft of a bill to amend or repeal provisions of existing
statutes or to create statutory authority and an explanation as to how
the bill and any proposed administrative action affect existing law, and
(ii) a statement of how the requirement, amendment, or recommendation
serves the interests of United States commerce and why the legislative
and administrative action is necessary or appropriate to carry out the
requirement, amendment, or recommendation, and
(C) the bill submitted by the President is enacted into law.
(3) Recommendations as to application
The President may make the same type of recommendations, in the same
manner and subject to the same conditions, to the Congress with respect
to the application of any such requirement, amendment, or recommendation
as he may make, under section 2112(f) of this title, with respect to a
trade agreement.
(4) Congressional procedures applicable
The bill submitted by the President shall be introduced in accordance
with the provisions of subsection (c)(1) of section 2191 of this title,
and the provisions of subsections (d), (e), (f), and (g) of such section
shall apply to the consideration of the bill. For the purpose of
applying section 2191 of this title to such bill --
(A) the term ''trade agreement'' shall be treated as a reference to
the requirement, amendment, or recommendation, and
(B) the term ''implementing bill'' or ''implementing revenue bill'',
whichever is appropriate, shall be treated as a reference to the bill
submitted by the President.
(d) Unspecified private remedies not created
Neither the entry into force with respect to the United States of any
agreement approved under section 2503(a) of this title, nor the
enactment of this Act, shall be construed as creating any private right
of action or remedy for which provision is not explicitly made under
this Act or under the laws of the United States.
(Pub. L. 96-39, 3(a)-(c), (f), July 26, 1979, 93 Stat. 148-150.)
This Act, referred to in subsec. (d), is Pub. L. 96-39, July 26,
1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For
complete classification of this Act to the Code, see References in Text
note set out under section 2501 of this title and Tables.
As originally enacted section 3 of Pub. L. 96-39 consisted of
subsecs. (a) to (c), (e) and (f), without a provision designated as
(d). Subsec. (e) amended section 2111(b)(1) of this title and subsec.
(f) has been redesignated as (d) for the purposes of codification of
this section.
Subsec. (c) of this section applicable as if United States-Canada
Free-Trade Agreement, which entered into force on Jan. 1, 1989, were an
agreement approved under section 2503(a) of this title, see section
102(e) of Pub. L. 100-449, set out in a note under section 2112 of this
title.
19 USC SUBCHAPTER I -- GOVERNMENT PROCUREMENT
TITLE 19 -- CUSTOMS DUTIES
19 USC 2511. General authority to modify discriminatory purchasing
requirements
TITLE 19 -- CUSTOMS DUTIES
(a) Presidential waiver of discriminatory purchasing requirements
The President may waive, in whole or in part, with respect to
eligible products of any foreign country or instrumentality designated
under subsection (b) of this section, and suppliers of such products,
the application of any law, regulation, procedure, or practice regarding
Government procurement that would, if applied to such products and
suppliers, result in treatment less favorable than that accorded --
(1) to United States products and suppliers of such products; or
(2) to eligible products of another foreign country or
instrumentality which is a party to the Agreement and suppliers of such
products.
(b) Designation of eligible countries and instrumentalities
The President may designate a foreign country or instrumentality for
purposes of subsection (a) of this section only if he determines that
such country or instrumentality --
(1) is a country or instrumentality which (A) has become a party to
the Agreement, and (B) will provide appropriate reciprocal competitive
government procurement opportunities to United States products and
suppliers of such products;
(2) is a country or instrumentality, other than a major industrial
country, which (A) will otherwise assume the obligations of the
Agreement, and (B) will provide such opportunities to such products and
suppliers;
(3) is a country or instrumentality, other than a major industrial
country, which will provide such opportunities to such products and
suppliers; or
(4) is a least developed country.
(c) Modification or withdrawal of waivers and designations
The President may modify or withdraw any waiver granted pursuant to
subsection (a) of this section or designation made pursuant to
subsection (b) of this section.
(d) Limitations on waiver authority not effective unless provision
amended
The authority of the President under subsection (a) of this section
to waive any laws, regulation, procedure, or practice shall be effective
notwithstanding any other provision of law hereafter enacted (excluding
the provisions of and amendments made by the Buy American Act of 1988)
unless such other provision specifically refers to and amends this
section.
(Pub. L. 96-39, title III, 301, July 26, 1979, 93 Stat. 236; Pub.
L. 100-418, title VII, 7005(e), Aug. 23, 1988, 102 Stat. 1553.)
For termination of amendment by section 7004 of Pub. L. 100-418, see
Termination Date of 1988 Amendment note below.
The Buy American Act of 1988, referred to in subsec. (d), is title
VII of Pub. L. 100-418, Aug. 23, 1988, 102 Stat. 1545, which enacted
section 10b-1 of Title 41, Public Contracts, amended sections 2511 and
2515 of this title and sections 10a, 10b, 10c, and 10d of Title 41,
enacted provisions set out as notes under section 10a of Title 41, and
amended provisions set out as notes under section 10c of Title 41. For
complete classification of this Act to the Code, see Short Title of 1988
Amendment note set out under section 10a of Title 41 and Tables.
1988 -- Subsec. (d). Pub. L. 100-418, 7004, 7005(e), temporarily
added subsec. (d). See Termination Date of 1988 Amendment note below.
Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,
1996, unless Congress, after reviewing report required by section
2515(k) of this title, extends such date, see section 7004 of Pub. L.
100-418, set out as an Effective and Termination Dates of 1988
Amendments note under section 10a of Title 41, Public Contracts.
Section 309 of title III of Pub. L. 96-39 provided that: ''The
provisions of this title (this subchapter) shall be effective on the
date of enactment of this Act (July 26, 1979), except that --
''(1) the authority of the President to grant waivers under section
303 (section 2513 of this title) shall be effective on January 1, 1980;
and
''(2) the authority of the President to grant waivers under section
301 (this section) shall be effective on January 1, 1981.''
Functions of President under this section delegated to United States
Trade Representative, see section 1-201 of Ex. Ord. No. 12260, set out
as a note below.
Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, as amended by Ex.
Ord. No. 12347, Feb. 23, 1982, 47 F.R. 8149; Ex. Ord. No. 12388, Oct.
14, 1982, 47 F.R. 46245; Ex. Ord. No. 12474, Apr. 17, 1984, 49 F.R.
15539, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Title III of the
Trade Agreements Act of 1979 (19 U.S.C. 2511-2518), and Section 301 of
Title 3 of the United States Code, and in order to implement the
Agreement on Government Procurement, as defined in 19 U.S.C. 2518(1), it
is hereby ordered as follows:
1-101. The obligations of the Agreement on Government Procurement
(Agreement on Government Procurement, General Agreement on Tariffs and
Trade, 12 April 1979, Geneva (GATT 1979)) apply to any procurement of
eligible products by the Executive agencies listed in the Annex to this
Order (eligible products are defined in Section 308 of the Trade
Agreements Act of 1979; 19 U.S.C. 2518(4)). Such procurement shall be
in accord with the policies and procedures of the Office of Federal
Procurement Policy (41 U.S.C. 401 et seq.).
1-102. The United States Trade Representative, hereinafter referred
to as the Trade Representative, shall be responsible for interpretation
of the Agreement. The Trade Representative shall seek the advice of the
interagency organization established under Section 242(a) of the Trade
Expansion Act of 1962 (19 U.S.C. 1872(a)) and consult with affected
Executive agencies, including the Office of Federal Procurement Policy.
1-103. The interpretation of Article VIII:1 of the Agreement shall be
subject to the concurrence of the Secretary of Defense
1-104. The Trade Representative shall determine, from time to time,
the dollar equivalent of 150,000 Special Drawing Right units and shall
publish that determination in the Federal Register. Procurement of less
than 150,000 Special Drawing Right units is not subject to the Agreement
or this Order (Article I:1(b) of the Agreement).
1-105. In order to ensure coordination of international trade policy
with regard to the implementation of the Agreement, agencies shall
consult in advance with the Trade Representative about negotiations with
foreign governments or instrumentalities which concern government
procurement.
1-201. The functions vested in the President by Sections 301, 302,
304, 305(c) and 306 of the Trade Agreements Act of 1979 (19 U.S.C.
2511, 2512, 2514, 2515(c) and 2516) are delegated to the Trade
Representative.
1-202. Notwithstanding the delegation in Section 1-201, the Secretary
of Defense is authorized, in accord with Section 302(b)(3) of the Trade
Agreements Act of 1979 (19 U.S.C. 2512(b)(3)), to waive the prohibitions
specified therein.
1. ACTION
2. Administrative Conference of the United States
3. American Battle Monuments Commission
4. Board for International Broadcasting
5. Civil Aeronautics Board
6. Commission on Civil Rights
7. Commodity Futures Trading Commission
8. Consumer Product Safety Commission
9. Department of Agriculture (The Agreement on Government Procurement
does not apply to procurement of agricultural products made in
furtherance of agricultural support programs or human feeding programs)
10. Department of Commerce
11. Department of Defense (Excludes Corps of Engineers)
12. Department of Education
13. Department of Health and Human Services
14. Department of Housing and Urban Development
15. Department of the Interior (Excludes the Bureau of Reclamation)
16. Department of Justice
17. Department of Labor
18. Department of State
19. Department of the Treasury
20. Environmental Protection Agency
21. Equal Employment Opportunity Commission
22. Executive Office of the President
23. Export-Import Bank of the United States
24. Farm Credit Administration
25. Federal Communications Commission
26. Federal Deposit Insurance Corporation
27. Federal Home Loan Bank Board
28. Federal Maritime Commission
29. Federal Mediation and Conciliation Service
30. Federal Trade Commission
31. General Services Administration (Purchases by the Tools Commodity
Center, and the Region 9 Office in San Francisco, California are not
included)
32. Interstate Commerce Commission
33. Merit Systems Protection Board
34. National Aeronautics and Space Administration
35. National Credit Union Administration
36. National Labor Relations Board
37. National Mediation Board
38. National Science Foundation
39. National Transportation Safety Board
40. Nuclear Regulatory Commission
41. Office of Personnel Management
42. Overseas Private Investment Corporation
43. Panama Canal Commission
44. Railroad Retirement Board
45. Securities and Exchange Commission
46. Selective Service System
47. Smithsonian Institution
48. United States Arms Control and Disarmament Agency
49. United States Information Agency
50. United States International Development Cooperation Agency
51. United States International Trade Commission
52. Veterans Administration
53. Maritime Administration of the Department of Transportation
54. The Peace Corps
19 USC 2512. Authority to encourage reciprocal competitive procurement
practices
TITLE 19 -- CUSTOMS DUTIES
(a) Authority to bar procurement from non-designated countries
With respect to procurement covered by the Agreement, the President,
in order to encourage additional countries to become parties to the
Agreement and to provide appropriate reciprocal competitive government
procurement opportunities to United States products and suppliers of
such products --
(1) shall prohibit the procurement, after the date on which any
waiver under section 2511(a) of this title first takes effect, of
products (A) which are products of a foreign country or instrumentality
which is not designated pursuant to section 2511(b) of this title, and
(B) which would otherwise be eligible products; and
(2) may take such other actions within his authority as he deems
necessary.
(b) Deferrals and waivers
Notwithstanding subsection (a) of this section, but in furtherance of
the objective of encouraging countries to become parties to the
Agreement and provide appropriate reciprocal competitive government
procurement opportunities to United States products and suppliers of
such products, the President may --
(1) delay, for a period not to exceed two years, the prohibition of
procurement, required pursuant to subsection (a)(1) of this section, of
products of a foreign country or instrumentality which is not designated
pursuant to section 2511(b) of this title, except that no such delay
shall be granted with respect to the procurement of products of any
major industrial country;
(2) authorize agency heads to waive, subject to interagency review
and general policy guidance by the organization established under
section 1872(a) of this title, such prohibition on a case-by-case basis
when in the national interest; and
(3) authorize the Secretary of Defense to waive, subject to
interagency review and policy guidance by the organization established
under section 1872(a) of this title, such prohibition for products of
any country or instrumentality which enters into a reciprocal
procurement agreement with the Department of Defense.
(c) Report on impact of restrictions
(1) Impact on the economy
On or before July 1, 1981, the President shall report to the
Committee on Ways and Means and the Committee on Government Operations
of the House of Representatives and to the Committee on Finance and the
Committee on Governmental Affairs of the Senate on the effects on the
United States economy (including effects on employment, production,
competition, costs and prices, technological development, export trade,
balance of payments, inflation, and the Federal budget) of the refusal
of developed countries to allow the Agreement to cover the entities of
the governments of such countries which are the principal purchasers of
goods and equipment in appropriate product sectors.
(2) Recommendations for attaining reciprocity
The report required by paragraph (1) shall include an evaluation of
alternative means to obtain equity and reciprocity in such product
sectors, including (A) prohibiting the procurement of products of such
countries by United States entities not covered by the Agreement, and
(B) modifying the application of title III of the Act of March 3, 1933
(41 U.S.C. 10a et seq.), commonly referred to as the Buy American Act.
The report shall include an analysis of the effect of such alternative
means on the United States economy (including effects on employment,
production, competition, costs and prices, technological development,
export trade, balance of payments, inflation, and the Federal budget),
and on successful negotiations on the expansion of the coverage of the
Agreement pursuant to section 2514(a) and (b) of this title, other trade
negotiating objectives, the relationship of the Federal Government to
State and local governments, and such other factors as the President
deems appropriate.
(3) Consultation
In the preparation of the report required by paragraph (1) and the
evaluation and analysis required by paragraph (2), the President shall
consult with representatives of the public, industry, and labor, and
make available pertinent, nonconfidential information obtained in the
course of such preparation to the advisory committees established
pursuant to section 2155 of this title.
(d) Proposed action
(1) Presidential report
On or before October 1, 1981, the President shall prepare and
transmit to the congressional committees referred to in subsection
(c)(1) of this section a report which describes the actions he deems
appropriate to establish reciprocity with major industrialized countries
in the area of Government procurement.
(2) Procedure
(A) Presidential determination
If the President determines that any changes in existing law or new
statutory authority are required to authorize or to implement any action
proposed in the report submitted under paragraph (1), he shall, on or
after January 1, 1982, submit to the Congress a bill to accomplish such
changes or provide such new statutory authority. Prior to submitting
such a bill, the President shall consult with the appropriate committees
of the Congress having jurisdiction over legislation involving subject
matters which would be affected by such action, and shall submit to such
committees a proposed draft of such bill.
(B) Congressional consideration
The appropriate committee of each House of the Congress shall give a
bill submitted pursuant to subparagraph (A) prompt consideration and
shall make its best efforts to take final committee action on such bill
in an expeditious manner.
(Pub. L. 96-39, title III, 302, July 26, 1979, 93 Stat. 236.)
Title III of the Act of March 3, 1933, referred to in subsec.
(c)(2), is act Mar. 3, 1933, ch. 212, title III, 47 Stat. 1520, as
amended, popularly known as the Buy American Act, which enacted sections
10a, 10b, 10b-1, and 10c of Title 41, Public Contracts, and enacted
provisions set out as notes under 10c of Title 41. For complete
classification of this Act to the Code, see Short Title note set out
under section 10a of Title 41 and Tables.
Functions of President under this section delegated to United States
Trade Representative, with authority delegated to Secretary of Defense
to waive the prohibitions contained in subsec. (b)(3) of this section,
see section 1-2 of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653,
set out as a note under section 2511 of this title.
19 USC 2513. Waiver of discriminatory purchasing requirements with
respect to purchases of civil aircraft
TITLE 19 -- CUSTOMS DUTIES
The President may waive the application of the provisions of title
III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.) popularly
referred to as the Buy American Act, in the case of any procurement of
civil aircraft and related articles of a country or instrumentality
which is a party to the Agreement on Trade in Civil Aircraft. The
President may modify or withdraw any waiver granted pursuant to this
section.
(Pub. L. 96-39, title III, 303, July 26, 1979, 93 Stat. 238.)
Title III of the Act of March 3, 1933, referred to in text, is act
Mar. 3, 1933, ch. 212, title III, 47 Stat. 1520, as amended,
popularly known as the Buy American Act, which enacted sections 10a,
10b, 10b-1, and 10c of Title 41, Public Contracts, and enacted
provisions set out as notes under 10c of Title 41. For complete
classification of this Act to the Code, see Short Title note set out
under section 10a of Title 41 and Tables.
Section effective July 26, 1979, but authority of President to grant
waivers under this section effective on Jan. 1, 1980, see section 309
of Pub. L. 96-39, set out as a note under section 2511 of this title.
Functions of President under this section delegated to United States
Trade Representative, see section 1-103(b) of Ex. Ord. No. 12188, Jan.
2, 1980, 45 F.R. 990, set out as a note under section 2171 of this
title.
19 USC 2514. Expansion of the coverage of the Agreement
TITLE 19 -- CUSTOMS DUTIES
(a) Overall negotiating objective
The President shall seek in the renegotiations provided for in part
IX, paragraph 6, of the Agreement more open and equitable market access
abroad, and the harmonization, reduction, or elimination of devices
which distort trade or commerce related to Government procurement, with
the overall goal of maximizing the economic benefit to the United States
through maintaining and enlarging foreign markets for products of United
States agriculture, industry, mining, and commerce, the development of
fair and equitable market opportunities, and open and nondiscriminatory
world trade. In carrying out the provisions of this subsection, the
President shall consider the assessment made in the report required
under section 2516(a) of this title.
(b) Sector negotiating objectives
The President shall seek, consistent with the overall objective set
forth in subsection (a) of this section and to the maximum extent
feasible, with respect to appropriate product sectors, competitive
opportunities for the export of United States products to the developed
countries of the world equivalent to the competitive opportunities
afforded by the United States, taking into account all barriers to, and
other distortions of, international trade affecting that sector.
(c) Independent verification objective
The President shall seek to establish in the renegotiation provided
for in part IX, paragraph 6, of the Agreement a system for independent
verification of information provided by parties to the Agreement to the
Committee on Government Procurement pursuant to part VI, paragraph 9, of
the Agreement.
(d) Reports on negotiations
(1) Report in the event of inadequate progress
If, during the renegotiations of the Agreement, the President at any
time determines that the renegotiations are not progressing
satisfactorily and are not likely to result, within twelve months of the
commencement thereof, in an expansion of the Agreement to cover
purchases by the entities of the governments of developed countries
which are the principal purchasers of goods and equipment in appropriate
product sectors, he shall so report to the congressional committees
referred to in section 2512(c)(1) of this title. Taking into account
the objectives set forth in subsections (a) and (b) of this section and
the factors required to be analyzed under section 2512(c) of this title,
the President shall further report to such committees appropriate
actions to seek reciprocity in such product sectors with such countries
in the area of government procurement.
(2) Legislative recommendations
Taking into account the factors required to be analyzed under section
2512(c) of this title, the President may recommend to the Congress
legislation (with respect to entities of the Government which are not
covered by the Agreement) which may prohibit such entities from
purchasing products of such countries.
(3) Annual reports
Each annual report of the President under section 163(a) of the Trade
Act of 1974 (19 U.S.C. 2213(a)) made after July 26, 1979 shall report
the actions, if any, the President deemed appropriate to establish
reciprocity in appropriate product sectors with major industrial
countries in the area of government procurement.
(e) Extension of nondiscrimination and national treatment
Before exercising the waiver authority in section 2511 of this title
for procurement not covered by the Agreement on July 26, 1979, the
President shall follow the consultation provisions of section 135 (19
U.S.C. 2155) and chapter 6 of title I of the Trade Act of 1974 (19
U.S.C. 2211 et seq.) for private sector and congressional consultations.
(Pub. L. 96-39, title III, 304, July 26, 1979, 93 Stat. 238.)
The Trade Act of 1974, referred to in subsec. (e), is Pub. L.
93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 6 of title I
of the Trade Act of 1974 is classified generally to part 6 of subchapter
I ( 2211 et seq.) of chapter 12 of this title. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
Functions of President under this section delegated to United States
Trade Representative, see section 1-201 of Ex. Ord. No. 12260, Dec.
31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this
title.
19 USC 2515. Monitoring and enforcement
TITLE 19 -- CUSTOMS DUTIES
(a) Monitoring and enforcement structure recommendations
In the preparation of the recommendations for the reorganization of
trade functions, the President shall ensure that careful consideration
is given to monitoring and enforcing the requirements of the Agreement
and this subchapter, with particular regard to the tendering procedures
required by the Agreement or otherwise agreed to by a country or
instrumentality likely to be designated pursuant to section 2511(b) of
this title.
(b) Rules of origin
(1) Advisory rulings and final determinations
For the purposes of this subchapter, the Secretary of the Treasury
shall provide for the prompt issuance of advisory rulings and final
determinations on whether, under section 2518(4)(B) of this title, an
article is or would be a product of a foreign country or instrumentality
designated pursuant to section 2511(b) of this title.
(2) Penalties for fraudulent conduct
In addition to any other provisions of law which may be applicable,
section 1001 of title 18 shall apply to fraudulent conduct with respect
to the origin of products for purposes of qualifying for a waiver under
section 2511 of this title or avoiding a prohibition under section 2512
of this title.
(c) Report to Congress on rules of origin
(1) Domestic administrative practices
As soon as practicable after the close of the two-year period
beginning on the date on which any waiver under section 2511(a) of this
title first takes effect, the President shall prepare and transmit to
Congress a report containing an evaluation of administrative practices
under any provision of law which requires determinations to be made of
the country of origin of goods, products, commodities, or other articles
of commerce. Such evaluation shall be accompanied by the President's
recommendations for legislative and executive measures required to
improve and simplify and to make more uniform and consistent such
practices. Such evaluation and recommendations shall take into account
the special problems affecting insular possessions of the United States
with respect to such practices.
(2) Foreign administrative practices
The report required under paragraph (1) shall contain an evaluation
of the administrative practices under the laws of each major industrial
country which require determinations to be made of the country of origin
of goods, products, commodities, or other articles of commerce,
including an assessment of such practices on the exports of the United
States.
(d) Annual report on foreign discrimination
(1) Annual report required
The President shall, no later than April 30, 1990, and annually on
April 30 thereafter, submit to the appropriate committees of the House
of Representatives and the Committee on Governmental Affairs of the
Senate, as well as other appropriate Senate committees, a report on the
extent to which foreign countries discriminate against United States
products or services in making government procurements.
(2) Identifications required
In the annual report, the President shall identify (and continue to
identify subject to subsections (f)(5) and (g)(3) of this section) any
countries, other than least developed countries, that --
(A) are signatories to the Agreement and not in compliance with the
requirements of the Agreement;
(B)(i) are signatories to the Agreement; (ii) are in compliance with
the Agreement but, in the government procurement of products or services
not covered by the Agreement, maintain a significant and persistent
pattern or practice of discrimination against United States products or
services which results in identifiable harm to United States businesses;
and (iii) whose products or services are acquired in significant
amounts by the United States Government; or
(C)(i) are not signatories to the Agreement; (ii) maintain, in
government procurement, a significant and persistent pattern or practice
of discrimination against United States products or services which
results in identifiable harm to United States businesses; and (iii)
whose products or services are acquired in significant amounts by the
United States Government.
(3) Considerations in making identifications
In making the identifications required by paragraph (1), the
President shall --
(A) use the requirements of the Agreement, government procurement
practices, and the effects of such practices on United States businesses
as a basis for evaluating whether the procurement practices of foreign
governments do not provide fair market opportunities for United States
products or services;
(B) take into account, among other factors, whether and to what
extent countries that are signatories to the Agreement, and other
countries described in paragraph (1) of this subsection --
(i) use sole-sourcing or otherwise noncompetitive procedures for
procurements that could have been conducted using competitive
procedures;
(ii) conduct what normally would have been one procurement as two or
more procurements, to decrease the anticipated contract values below the
Agreement's value threshold or to make the procurements less attractive
to United States businesses;
(iii) announce procurement opportunities with inadequate time
intervals for United States businesses to submit bids; and
(iv) use specifications in such a way as to limit the ability of
United States suppliers to participate in procurements; and
(C) use any other additional criteria deemed appropriate.
(4) Contents of reports
The reports required by this subsection shall include, with respect
to each country identified under subparagraph (A), (B), or (C) of
paragraph (1), the following:
(A) a description of the specific nature of the discrimination,
including (for signatory countries) any provision of the Agreement with
which the country is not in compliance;
(B) an identification of the United States products or services that
are affected by the noncompliance or discrimination;
(C) an analysis of the impact of the noncompliance or discrimination
on the commerce of the United States and the ability of United States
companies to compete in foreign government procurement markets; and
(D) a description of the status, action taken, and disposition of
cases of noncompliance or discrimination identified in the preceding
annual report with respect to such country.
(5) Information and advice from Government agencies and United States
businesses
In developing the annual reports required by this subsection, the
President shall seek information and advice from executive agencies
through the interagency trade organization established under section
1872(a) of this title, and from United States businesses in the United
States and in countries that are signatories to the Agreement and in
other foreign countries whose products or services are acquired in
significant amounts by the United States Government.
(6) Impact of noncompliance
The President shall take into account, in identifying countries in
the annual report and in any action required by this section, the
relative impact of any noncompliance with the Agreement or of other
discrimination on United States commerce and the extent to which such
noncompliance or discrimination has impeded the ability of United States
suppliers to participate in procurements on terms comparable to those
available to suppliers of the country in question when seeking to sell
goods or services to the United States Government.
(7) Impact on procurement costs
Such report shall also include an analysis of the impact on United
States Government procurement costs that may occur as a consequence of
any sanctions that may be required by subsection (f) or (g) of this
section.
(e) Consultation
No later than the date the annual report is submitted under
subsection (d)(1) of this section, the United States Trade
Representative, on behalf of the United States, shall request
consultations with any countries identified in the report to obtain
their compliance with the Agreement or the elimination of their
discriminatory procurement practices unless the country is identified as
discriminatory pursuant to subsection (d)(1) of this section in the
preceding annual report.
(f) Procedures with respect to violations of Agreement
(1) Initiation of dispute settlement procedures
If, within 60 days after the annual report is submitted under
subsection (d)(1) of this section, a signatory country identified
pursuant to subsection (d)(1)(A) /1/ of this section has not complied
with the Agreement, then the United States Trade Representative shall
promptly request proceedings on the matter under the formal dispute
settlement procedures provided under the Agreement unless such
proceedings are already underway pursuant to the identification of the
signatory country under subsection (d)(1) of this section as not in
compliance in a preceding annual report.
(2) Settlement of disputes
If, before the end of a year following the initiation of dispute
settlement procedures --
(A) the other participant to the dispute settlement procedures has
complied with the Agreement,
(B) the other participant to the procedures takes the action
recommended as a result of the procedures to the satisfaction of the
President, or
(C) the procedures result in a determination requiring no action by
the other participant,
the President shall take no action to limit Government /2/
procurement from that participant.
(3) Sanctions after failure of dispute resolution
If the dispute settlement procedures initiated pursuant to this
subsection with any signatory country to the Agreement are not concluded
within one year from their initiation or the country has not met the
requirements of paragraph (2)(A) or (2)(B), then --
(A) from the end of such one year period, such signatory country
shall be considered as a signatory not in good standing of the Agreement
and the prohibition on procurement contained in section 10b-1 of title
41 shall apply to such country; and
(B) on the day after the end of such one year period, the President
shall revoke the waiver of discriminatory purchasing requirements
granted to that signatory country pursuant to section 2511(a) of this
title.
(4) Withholding and modification of sanctions
If the President determines that imposing or continuing the sanctions
required by subparagraph (A) or (B) of paragraph (3) would harm the
public interest of the United States, the President may, to the extent
necessary to apply appropriate limitations that are equivalent, in their
effect, to the noncompliance with the Agreement by that signatory
country --
(A) withhold the imposition of either (but not both) of such
sanctions;
(B) modify or restrict the application of either or both such
sanctions, subject to such terms and conditions as the President
considers appropriate; or
(C) take any combination of the actions permitted by subparagraph (A)
or (B) of this paragraph.
(5) Termination of sanctions and reinstatement of waivers
The President may terminate the sanctions imposed under paragraph (3)
or (4), reinstate the waiver of discriminatory purchasing requirements
granted to that signatory country pursuant to section 2511(a) of this
title, and remove that country from the report under subsection (d)(1)
of this section at such time as the President determines that --
(A) the signatory country has complied with the Agreement;
(B) the signatory country has taken corrective action as a result of
the dispute settlement procedures to the satisfaction of the President;
or
(C) the dispute settlement procedures result in a determination
requiring no action by the other signatory country.
(g) Procedures with respect to other discrimination
(1) Imposition of sanctions
If, within 60 days after the annual report is submitted under
subsection (d)(1) of this section, a country that is identified pursuant
to subparagraph (B) or (C) of such subsection has not eliminated their
discriminatory procurement practices, then, on the day after the end of
such 60-day period --
(A) the President shall identify such country as a country that
maintains, in government procurement, a significant and persistent
pattern or practice of discrimination against United States products or
services which results in identifiable harm to United States businesses;
and
(B) the prohibition on procurement contained in section 10b-1 of
title 41 shall apply to such country.
(2) Withholding and modification of sanctions
If the President determines that imposing or continuing the sanction
required by paragraph (1) would harm the public interest of the United
States, the President may, to the extent necessary to impose appropriate
limitations that are equivalent, in their effect, to the discrimination
against United States products or services in government procurement by
that country, modify or restrict the application of such sanction,
subject to such terms and conditions as the President considers
appropriate.
(3) Termination of sanctions
The President may terminate the sanctions imposed under paragraph (1)
or (2) and remove a country from the report under subsection (d)(1) of
this section at such time as the President determines that the country
has eliminated the discrimination identified pursuant to subsection
(d)(2)(B) or (C) of this section.
(h) Limitations on imposing sanctions
(1) Avoiding adverse impact on competition
The President shall not take any action under subsection (f) or (g)
of this section if the President determines that such action --
(A) would limit the procurement or class of procurements to, or would
establish a preference for, the products or services of a single
manufacturer or supplier; or
(B) would, with respect to any procurement or class of procurements,
result in an insufficient number of potential or actual bidders to
assure procurement of services, articles, materials, or supplies of
requisite quality at competitive prices.
(2) Advice from U.S. agencies and businesses
The President, in taking any action under this subsection to limit
government procurements from foreign countries, shall seek the advice of
executive agencies through the interagency trade organization
established under section 1872(a) of this title and the advice of United
States businesses and other interested parties.
(i) Renegotiation to secure full and open competition
The President shall instruct the United States Trade Representative,
in conducting renegotiations of the Agreement, to seek improvements in
the Agreement that will secure full and open competition consistent with
the requirements imposed by the amendments made by the Competition in
Contracting Act (Public Law 98-369; 98 Stat. 1175).
(j) Federal Register notices of actions
(1) Notices required
A notice shall be published in the Federal Register on the date of
any action under this section, describing --
(A) the results of dispute settlement proceedings under subsection
(f)(2) of this section;
(B) any sanction imposed under subsection (f)(3) or (g)(1) of this
section;
(C) any withholding, modification, or restriction of any sanction
under subsection (f)(4) or (g)(2) of this section; and
(D) the termination of any sanction under subsection (f)(5) or (g)(3)
of this section.
(2) Publication of determinations lifting sanctions
A notice describing the termination of any sanction under subsection
(f)(5) or (g)(3) of this section shall include a copy of the President's
determination under such subsection.
(k) General report on actions under this section
(1) Advice to Congress
The President shall, as necessary, advise the Congress and, by no
later than April 30, 1994, submit to the the /3/ appropriate committees
of the House of Representatives, and to the Committee on Governmental
Affairs and other appropriate committees of the Senate, a general report
on actions taken pursuant to this section.
(2) Contents of report
The general report required by this subsection shall include an
evaluation of the adequacy and effectiveness of actions taken pursuant
to subsections (e), (f), and (g) of this section as a means toward
eliminating discriminatory government procurement practices against
United States businesses.
(3) Legislative recommendations
The general report may also include, if appropriate, legislative
recommendations for enhancing the usefulness of this section or for
other measures to be used as means for eliminating or responding to
discriminatory foreign government procurement practices.
(Pub. L. 96-39, title III, 305, July 26, 1979, 93 Stat. 239; Pub.
L. 100-418, title VII, 7003, Aug. 23, 1988, 102 Stat. 1548.)
For termination of amendment by section 7004 of Pub. L. 100-418, see
Termination Date of 1988 Amendment note below.
The Competition in Contracting Act, referred to in subsec. (i),
probably means the Competition in Contracting Act of 1984, which is
title VII of Pub. L. 98-369, div. B, July 18, 1984, 98 Stat. 1175.
For complete classification of this Act to the Code, see Short Title of
1984 Amendment note set out under section 251 of Title 41, Public
Contracts, and Tables.
1988 -- Subsecs. (d) to (k). Pub. L. 100-418, 7003, 7004,
temporarily added subsecs. (d) to (k). See Termination Date of 1988
Amendment note below.
Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,
1996, unless Congress, after reviewing report required by subsection (k)
of this section, extends such date, see section 7004 of Pub. L.
100-418, set out as an Effective and Termination Dates of 1988
Amendments note under section 10a of Title 41, Public Contracts.
Functions of Secretary of the Treasury under subsec. (b) of this
section transferred to Secretary of Commerce, to exercise in
consultation with Secretary of the Treasury, by section 5(a)(1)(A) of
Reorg. Plan No. 3 of 1979, 44 F.R. 69274, 93 Stat. 1381, eff. Jan.
2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan.
2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title.
Pub. L. 96-609, title II, 205, Dec. 28, 1980, 94 Stat. 3562,
provided that: ''Notwithstanding subparagraph (1)(A) of subsection 5(a)
of Reorganization Plan No. 3 of 1979 (44 F.R. 69272, 93 Stat. 1381)
(set out as a note under section 2171 of this title), the Secretary of
the Treasury or his delegate shall issue such advisory rulings and make
such determinations as are authorized by subsection 305(b)(1) of the
Trade Agreements Act of 1979 (19 U.S.C. 2515(b)(1)).''
Functions of President under subsec. (c) of this section delegated
to United States Trade Representative, see section 1-201 of Ex. Ord.
No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section
2511 of this title.
Functions of President under subsec. (d) of this section relating to
annual report on foreign discrimination delegated to United States Trade
Representative, see section 4-101(2) of Ex. Ord. No. 12661, Dec. 27,
1988, 54 F.R. 779, set out as a note under section 2901 of this title.
section 10b-1; title 49 App. section 2226c.
/1/ So in original. Probably should be subsection ''(d)(2)(A)''.
/2/ So in original. Probably should not be capitalized.
/3/ So in original.
19 USC 2516. Labor surplus area studies
TITLE 19 -- CUSTOMS DUTIES
(a) Effect on the economy
Prior to the renegotiations provided for in part IX, paragraph 6, of
the Agreement, the President shall prepare and transmit to the Congress
a report which assesses the economic impact, including the impact on
employment in various regions of the United States, of the waiver of the
provisions of title III of the Act of March 3, 1933 (41 U.S.C. 10a et
seq.), commonly referred to as the Buy American Act, in the procurement
of products produced in labor surplus areas and of the waiver of
procurement set-asides for labor surplus areas.
(b) Effect on targets
On or before July 1, 1981, the President shall prepare and transmit
to the Congress a report which assesses the effect of the waiver of the
provisions of such title III (41 U.S.C. 10a et seq.) in the procurement
of products produced in labor surplus areas and the waiver of
procurement set-asides for labor surplus areas on the fulfillment of the
objectives of Executive Order 12073, issued August 16, 1978, relating to
the encouragement of procurement in labor surplus areas, including an
assessment of such waiver on the procurement targets set by the
Administrator of the General Services Administration pursuant to such
Executive order. On or before January 1, 1980, the President shall
begin consultation with and provide interim reports to the congressional
committees referred to in section 2512(c)(1) of this title concerning
the report required by the preceding sentence.
(Pub. L. 96-39, title III, 306, July 26, 1979, 93 Stat. 240.)
Title III of the Act of March 3, 1933, referred to in text, is act
Mar. 3, 1933, ch. 212, title III, 47 Stat. 1520, as amended,
popularly known as the Buy American Act, which enacted sections 10a,
10b, 10b-1, and 10c of Title 41, Public Contracts, and enacted
provisions set out as notes under 10c of Title 41. For complete
classification of this Act to the Code, see Short Title note set out
under section 10a of Title 41 and Tables.
Executive Order 12073, referred to in subsec. (b), is Ex. Ord. No.
12073, Aug. 16, 1978, 43 F.R. 36873, which is set out as a note under
section 401 of Title 41, Public Contracts.
Functions of President under this section delegated to United States
Trade Representative, see section 1-201 of Ex. Ord. No. 12260, Dec.
31, 1980, 46 F.R. 1653, set out as a note under section 2511 of this
title.
19 USC 2517. Availability of information to Members of Congress
designated as official advisers
TITLE 19 -- CUSTOMS DUTIES
The United States Trade Representative shall make available to the
Members of Congress designated as official advisers pursuant to section
2211 of this title information compiled by the Committee on Government
Procurement under part VI, paragraph 9, of the Agreement.
(Pub. L. 96-39, title III, 307, July 26, 1979, 93 Stat. 240; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''United States Trade Representative'' substituted in text for
''Special Representative for Trade Negotiations'' pursuant to Reorg.
Plan No. 3 of 1979, 1(1)(b), 44 F.R. 69273, 93 Stat. 1381, eff. Jan.
2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan.
2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title.
See, also, section 2171 of this title as amended by Pub. L. 97-456.
19 USC 2518. Definitions
TITLE 19 -- CUSTOMS DUTIES
As used in this subchapter --
(1) Agreement
The term ''Agreement'' means the Agreement on Government Procurement
referred to in section 2503(c) of this title, as submitted to the
Congress, but including rectifications, modifications, and amendments
which are accepted by the United States.
(2) Civil aircraft
The term ''civil aircraft and related articles'' means --
(A) all aircraft other than aircraft to be purchased for use by the
Department of Defense or the United States Coast Guard;
(B) the engines (and parts and components for incorporation therein)
of such aircraft;
(C) any other parts, components, and subassemblies for incorporation
in such aircraft; and
(D) any ground flight simulators, and parts and components thereof,
for use with respect to such aircraft,
whether to be purchased for use as original or replacement equipment
in the manufacture, repair, maintenance, rebuilding, modification, or
conversion of such aircraft, and without regard to whether such aircraft
or articles receive duty-free treatment pursuant to section 601(a)(2).
(3) Developed countries
The term ''developed countries'' means countries so designated by the
President.
(4) Eligible product
(A) In general
The term ''eligible product'' means, with respect to any foreign
country or instrumentality, a product or service of that country or
instrumentality which is covered under the Agreement for procurement by
the United States.
(B) Rule of origin
An article is a product of a country or instrumentality only if (i)
it is wholly the growth, product, or manufacture of that country or
instrumentality, or (ii) in the case of an article which consists in
whole or in part of materials from another country or instrumentality,
it has been substantially transformed into a new and different article
of commerce with a name, character, or use distinct from that of the
article or articles from which it was so transformed.
(C) Lowered threshold for certain products as a consequence of United
States-Israel free trade area provisions
The term ''eligible product'' includes a product or service of Israel
having a contract value of $50,000 or more which would be covered for
procurement by the United States under the Agreement on Government
Procurement as in effect on the date on which the Agreement on the
Establishment of a Free Trade Area between the Government of the United
States of America and the Government of Israel enters into force, but
for the SDR 150,000 threshold provided for in article I(1)(b) of the
Agreement on Government Procurement.
(D) Lowered threshold for certain products as a consequence of United
States-Canada Free-Trade Agreement
Except as otherwise agreed by the United States and Canada under
paragraph 3 of article 1304 of the United States-Canada Free-Trade
Agreement, the term ''eligible product'' includes a product or service
of Canada having a contract value of $25,000 or more that would be
covered for procurement by the United States under the GATT Agreement on
Government Procurement, but for the SDR threshold provided for in
article I(1)(b) of the GATT Agreement on Government Procurement.
(5) Instrumentality
The term ''instrumentality'' shall not be construed to include an
agency or division of the government of a country, but may be construed
to include such arrangements as the European Economic Community.
(6) Least developed country
The term ''least developed country'' means any country on the United
Nations General Assembly list of least developed countries.
(7) Major industrial country
The term ''major industrial country'' means any such country as
defined in section 2136 of this title and any instrumentality of such a
country.
(Pub. L. 96-39, title III, 308, July 26, 1979, 93 Stat. 241; Pub.
L. 99-47, 7, June 11, 1985, 99 Stat. 84; Pub. L. 100-449, title III,
306, Sept. 28, 1988, 102 Stat. 1876.)
Section 601(a)(2), referred to in par. (2), is section 601(a)(2) of
Pub. L. 96-39 title VI, July 26, 1979, 93 Stat. 267, which directed a
duty rate of ''Free'' in the rate column numbered 1 of the Tariff
Schedules of the United States for articles classified under specified
items between 518.51 and 772.65 which the President determines would
provide coverage comparable to that provided by foreign countries in the
Annex to the Agreement on Trade in Civil Aircraft if such articles were
certified for use in civil aircraft in accordance with headnote 3 to
schedule 6, part 6, subpart C of the Tariff Schedules of the United
States. The Tariff Schedules of the United States were replaced by the
Harmonized Tariff Schedule of the United States, which is not set out in
the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of the title.
The Agreement on the Establishment of a Free Trade Area between the
Government of the United States of America and the Government of Israel,
referred to in par. (4)(B), entered into force on Aug. 19, 1985.
1988 -- Par. (4)(D). Pub. L. 100-449 added subpar. (D).
1985 -- Par. (4)(C). Pub. L. 99-47 added subpar. (C).
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(a),
(c) of Pub. L. 100-449, set out in a note under section 2112 of this
title.
19 USC SUBCHAPTER II -- TECHNICAL BARRIERS TO TRADE (STANDARDS)
TITLE 19 -- CUSTOMS DUTIES
19 USC Part A -- Obligations of the United States
TITLE 19 -- CUSTOMS DUTIES
19 USC 2531. Certain standards-related activities
TITLE 19 -- CUSTOMS DUTIES
Nothing in this subchapter may be construed as prohibiting any
private person, Federal agency, or State agency from engaging in
standards-related activities that do not create unnecessary obstacles to
the foreign commerce of the United States. No standards-related
activity of any private person, Federal agency, or State agency shall be
deemed to constitute an unnecessary obstacle to the foreign commerce of
the United States if the demonstrable purpose of the standards-related
activity is to achieve a legitimate domestic objective including, but
not limited to, the protection of legitimate health or safety, essential
security, environmental, or consumer interests and if such activity does
not operate to exclude imported products which fully meet the objectives
of such activity.
(Pub. L. 96-39, title IV, 401, July 26, 1979, 93 Stat. 242.)
Section 454 of title IV of Pub. L. 96-39 provided that: ''This
title (this subchapter) shall take effect on January 1, 1980, if the
Agreement enters into force with respect to the United States by that
date.''
(The Agreement on Technical Barriers to Trade has entered into force
with respect to the United States)
19 USC 2532. Federal standards-related activities
TITLE 19 -- CUSTOMS DUTIES
No Federal agency may engage in any standards-related activity that
creates unnecessary obstacles to the foreign commerce of the United
States, including, but not limited to, standards-related activities that
violate any of the following requirements:
(1) Nondiscriminatory treatment
Each Federal agency shall ensure, in applying standards-related
activities with respect to any imported product, that such product is
treated no less favorably than are like domestic or imported products,
including, but not limited to, when applying tests or test methods, no
less favorable treatment with respect to --
(A) the acceptance of the product for testing in comparable
situations;
(B) the administration of the tests in comparable situations;
(C) the fees charged for tests;
(D) the release of test results to the exporter, importer, or agents;
(E) the siting of testing facilities and the selection of samples for
testing; and
(F) the treatment of confidential information pertaining to the
product.
(2) Use of international standards
(A) In general
Except as provided in subparagraph (B)(ii), each Federal agency, in
developing standards, shall take into consideration international
standards and shall, if appropriate, base the standards on international
standards.
(B) Application of requirement
For purposes of this paragraph, the following apply:
(i) International standards not appropriate
The reasons for which the basing of a standard on an international
standard may not be appropriate include, but are not limited to, the
following:
(I) National security requirements.
(II) The prevention of deceptive practices.
(III) The protection of human health or safety, animal or plant life
or health, or the environment.
(IV) Fundamental climatic or other geographical factors.
(V) Fundamental technological problems.
(ii) Regional standards
In developing standards, a Federal agency may, but is not required
to, take into consideration any international standard promulgated by an
international standards organization the membership of which is
described in section 2571(6)(A)(ii) of this title.
(3) Performance criteria
Each Federal agency shall, if appropriate, develop standards based on
performance criteria, such as those relating to the intended use of a
product and the level of performance that the product must achieve under
defined conditions, rather than on design criteria, such as those
relating to the physical form of the product or the types of material of
which the product is made.
(4) Certification access for foreign suppliers
Each Federal agency shall, with respect to any certification system
used by it, permit access for obtaining certification under that system
to foreign suppliers of a product on the same basis as access is
permitted to suppliers of like products, whether of domestic or other
foreign origin.
(Pub. L. 96-39, title IV, 402, July 26, 1979, 93 Stat. 242.)
19 USC 2533. State and private standards-related activities
TITLE 19 -- CUSTOMS DUTIES
(a) In general
It is the sense of the Congress that no State agency and no private
person should engage in any standards-related activity that creates
unnecessary obstacles to the foreign commerce of the United States.
(b) Presidential action
The President shall take such reasonable measures as may be available
to promote the observance by State agencies and private persons, in
carrying out standards-related activities, of requirements equivalent to
those imposed on Federal agencies under section 2532 of this title, and
of procedures that provide for notification, participation, and
publication with respect to such activities.
(Pub. L. 96-39, title IV, 403, July 26, 1979, 93 Stat. 243.)
19 USC Part B -- Functions of Federal Agencies
TITLE 19 -- CUSTOMS DUTIES
19 USC 2541. Functions of Trade Representative
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The Trade Representative shall coordinate the consideration of
international trade policy issues that arise as a result of, and shall
develop international trade policy as it relates to, the implementation
of this subchapter.
(b) Negotiating functions
The Trade Representative has responsibility for coordinating United
States discussions and negotiations with foreign countries for the
purpose of establishing mutual arrangements with respect to
standards-related activities. In carrying out this responsibility, the
Trade Representative shall inform and consult with any Federal agency
having expertise in the matters under discussion and negotiation.
(c) Cross reference
For provisions of law regarding general authority of the Trade
Representatives with respect to trade agreements, see section 2171 of
this title.
(Pub. L. 96-39, title IV, 411, July 26, 1979, 93 Stat. 243; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted for ''Special Representative'', meaning Special
Representative for Trade Negotiations, pursuant to Reorg. Plan No. 3
of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as
provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 993, set out as notes under section 2171 of this title. See, also,
section 2171 of this title as amended by Pub. L. 97-456.
19 USC 2542. Establishment and operation of technical offices
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment
(1) For nonagricultural products
The Secretary of Commerce shall establish and maintain within the
Department of Commerce a technical office that shall carry out the
functions prescribed under subsection (b) of this section with respect
to nonagricultural products.
(2) For agricultural products
The Secretary of Agriculture shall establish and maintain within the
Department of Agriculture a technical office that shall carry out the
functions prescribed under subsection (b) of this section with respect
to agricultural products.
(b) Functions of offices
The President shall prescribe for each technical office established
under subsection (a) of this section such functions as the President
deems necessary or appropriate to implement this subchapter.
(Pub. L. 96-39, title IV, 412, July 26, 1979, 93 Stat. 244.)
Functions of President under subsec. (b) of this section delegated
to Secretary of Commerce regarding technical office established under
subsec. (a)(1) of this section, and to Secretary of Agriculture
regarding technical office established under subsec. (a)(2) of this
section, see section 1-103(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 990, set out as a note under section 2171 of this title.
19 USC 2543. Representation of United States interests before
international standards organizations
TITLE 19 -- CUSTOMS DUTIES
(a) Oversight and consultation
The Secretary concerned shall --
(1) inform, and consult and coordinate with, the Trade Representative
with respect to international standards-related activities identified
under paragraph (2);
(2) keep adequately informed regarding international
standards-related activities and identify those that may substantially
affect the commerce of the United States; and
(3) carry out such functions as are required under subsections (b)
and (c) of this section.
(b) Representation of United States interests by private persons
(1) Definitions
For purposes of this subsection --
(A) Organization member
The term ''organization member'' means the private person who holds
membership in a private international standards organization.
(B) Private international standards organization
The term ''private international standards organization'' means any
international standards organization before which the interests of the
United States are represented by a private person who is officially
recognized by that organization for such purpose.
(2) In general
Except as otherwise provided for in this subsection, the
representation of United States interests before any private
international standards organization shall be carried out by the
organization member.
(3) Inadequate representation
If the Secretary concerned, after inquiry instituted on his own
motion or at the request of any private person, Federal agency, or State
agency having an interest therein, has reason to believe that the
participation by the organization member in the proceedings of a private
international standards organization will not result in the adequate
representation of United States interests that are, or may be, affected
by the activities of such organization (particularly with regard to the
potential impact of any such activity on the international trade of the
United States), the Secretary concerned shall immediately notify the
organization member concerned. During any such inquiry, the Secretary
concerned may solicit and consider the advice of the appropriate
representatives referred to in section 2547 of this title.
(4) Action by organization member
If within the 90-day period after the date on which notification is
received under paragraph (3) (or such shorter period as the Secretary
concerned determines to be necessary in extraordinary circumstances),
the organization member demonstrates to the Secretary concerned its
willingness and ability to represent adequately United States interests
before the private international standards organization, the Secretary
concerned shall take no further action under this subsection.
(5) Action by Secretary concerned
If --
(A) within the appropriate period referred to in paragraph (4), the
organization member does not respond to the Secretary concerned with
respect to the notification, or does respond but does not demonstrate to
the Secretary concerned the requisite willingness and ability to
represent adequately United States interests; or
(B) there is no organization member of the private international
standards organization;
the Secretary concerned shall make appropriate arrangements to
provide for the adequate representation of United States interests. In
cases where subparagraph (A) applies, such provision shall be made by
the Secretary concerned through the appropriate organization member if
the private international standards organization involved requires
representation by that member.
(c) Representation of United States interests by Federal agencies
With respect to any international standards organization before which
the interests of the United States are represented by one or more
Federal agencies that are officially recognized by that organization for
such purpose, the Secretary concerned shall --
(1) encourage cooperation among interested Federal agencies with a
view toward facilitating the development of a uniform position with
respect to the technical activities with which the organization is
concerned;
(2) encourage such Federal agencies to seek information from, and to
cooperate with, the affected domestic interests when undertaking such
representation; and
(3) not preempt the responsibilities of any Federal agency that has
jurisdiction with respect to the activities undertaken by such
organization, unless requested to do so by such agency.
(Pub. L. 96-39, title IV, 413, July 26, 1979, 93 Stat. 244; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted for ''Special Representative'', meaning Special
Representative for Trade Negotiations, in subsec. (a)(1), pursuant to
Reorg. Plan No. 3 of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381,
eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No.
12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171
of this title. See, also, section 2171 of this title as amended by Pub.
L. 97-456.
19 USC 2544. Standards information center
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment
The Secretary of Commerce shall maintain within the Department of
Commerce a standards information center.
(b) Functions
The standards information center shall --
(1) serve as the central national collection facility for information
relating to standards, certification systems, and standards-related
activities, whether such standards, systems, or activities are public or
private, domestic or foreign, or international, regional, national, or
local;
(2) make available to the public at such reasonable fee as the
Secretary shall prescribe, copies of information required to be
collected under paragraph (1) other than information to which paragraph
(3) applies;
(3) use its best efforts to make available to the public, at such
reasonable fees as the Secretary shall prescribe, copies of information
required to be collected under paragraph (1) that is of private origin,
on a cooperative basis with the private individual or entity, foreign or
domestic, who holds the copyright on the information;
(4) in case of such information that is of foreign origin, provide,
at such reasonable fee as the Secretary shall prescribe, such
translation services as may be necessary;
(5) serve as the inquiry point for requests for information regarding
standards-related activities, whether adopted or proposed, within the
United States, except that in carrying out this paragraph, the Secretary
of Commerce shall refer all inquiries regarding agricultural products to
the technical office established under section 2542(a)(2) of this title
within the Department of Agriculture; and
(6) provide such other services as may be appropriate, including but
not limited to, such services to the technical offices established under
section 2542 of this title as may be requested by those offices in
carrying out their functions.
(Pub. L. 96-39, title IV, 414, July 26, 1979, 93 Stat. 245.)
19 USC 2545. Contracts and grants
TITLE 19 -- CUSTOMS DUTIES
(a) In general
For purposes of carrying out this subchapter, and otherwise
encouraging compliance with the Agreement, the Trade Representative and
the Secretary concerned may each, with respect to functions for which
responsible under this subchapter, make grants to, or enter into
contracts with, any other Federal agency, any State agency, or any
private person, to assist such agency or person to implement appropriate
programs and activities, including, but not limited to, programs and
activities --
(1) to increase awareness of proposed and adopted standards-related
activities;
(2) to facilitate international trade through the appropriate
international and domestic standards-related activities;
(3) to provide, if appropriate, and pursuant to section 2543 of this
title, adequate United States representation in international
standards-related activities; and
(4) to encourage United States exports through increased awareness of
foreign standards-related activities that may affect United States
exports.
No contract entered into under this section shall be effective except
to such extent, and in such amount, as is provided in advance in
appropriation Acts.
(b) Terms and conditions
Any contract entered into, or any grant made, under subsection (a) of
this section shall be subject to such terms and conditions as the Trade
Representative or Secretary concerned shall by regulation prescribe as
being necessary or appropriate to protect the interests of the United
States.
(c) Limitations
Financial assistance extended under this section shall not exceed 75
percent of the total costs (as established by the Trade Representative
or Secretary concerned, as the case may be) of the program or activity
for which assistance is made available. The non-Federal share of such
costs shall be made in cash or kind, consistent with the maintenance of
the program or activity concerned.
(d) Audit
Each recipient of a grant or contract under this section shall make
available to the Trade Representative or the Secretary concerned, as the
case may be, and to the Comptroller General of the United States, for
purposes of audit and examination, any book, document, paper, and record
that is pertinent to the funds received under such grant or contract.
(Pub. L. 96-39, title IV, 415, July 26, 1979, 93 Stat. 246; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted for ''Special Representative'', meaning Special
Representative for Trade Negotiations, in subsecs. (a), (b), and (d),
pursuant to Reorg. Plan No. 3 of 1979, 1(b)(1), 44 F.R. 69273, 93
Stat. 1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.
Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under
section 2171 of this title. See, also, section 2171 of this title as
amended by Pub. L. 97-456.
19 USC 2546. Technical assistance
TITLE 19 -- CUSTOMS DUTIES
The Trade Representative and the Secretary concerned may each, with
respect to functions for which responsible under this subchapter, make
available, on a reimbursable basis or otherwise, to any other Federal
agency, State agency, or private person such assistance, including, but
not limited to, employees, services, and facilities, as may be
appropriate to assist such agency or person in carrying out
standards-related activities in a manner consistent with this
subchapter.
(Pub. L. 96-39, title IV, 416, July 26, 1979, 93 Stat. 247; 1979
Reorg. Plan No. 3, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted for ''Special Representative'', meaning Special
Representative for Trade Negotiations, pursuant to Reorg. Plan No. 3
of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as
provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 993, set out as notes under section 2171 of this title. See, also,
section 2171 of this title as amended by Pub. L. 97-456.
19 USC 2547. Consultations with representatives of domestic interests
TITLE 19 -- CUSTOMS DUTIES
In carrying out the functions for which responsible under this
subchapter, the Trade Representative and the Secretary concerned shall
solicit technical and policy advice from the committees, established
under section 2155 of this title, that represent the interests
concerned, and may solicit advice from appropriate State agencies and
private persons.
(Pub. L. 96-39, title IV, 417, July 26, 1979, 93 Stat. 247; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted in text for ''Special Representative'', meaning Special
Representative for Trade Negotiations, pursuant to Reorg. Plan No. 3
of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as
provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 993, set out as notes under section 2171 of this title. See, also,
section 2171 of this title as amended by Pub. L. 97-456.
19 USC Part C -- Administrative and Judicial Proceedings Regarding
Standards-Related Activities
TITLE 19 -- CUSTOMS DUTIES
19 USC subpart 1 -- representations alleging united states violations of
obligations
TITLE 19 -- CUSTOMS DUTIES
19 USC 2551. Right of action
TITLE 19 -- CUSTOMS DUTIES
Except as provided under this subpart, the provisions of this part do
not create any right of action under the laws of the United States with
respect to allegations that any standards-related activity engaged in
within the United States violates the obligations of the United States
under the Agreement.
(Pub. L. 96-39, title IV, 421, July 26, 1979, 93 Stat. 247.)
Part effective Jan. 1, 1980, if the Agreement enters into force with
respect to the United States by that date, see section 454 of Pub. L.
96-39, set out as an Effective Date note under section 2531 of this
title.
19 USC 2552. Representations
TITLE 19 -- CUSTOMS DUTIES
Any --
(1) Party to the Agreement; or
(2) foreign country that is not a Party to the Agreement but is found
by the Trade Representative to extend rights and privileges to the
United States that are substantially the same as those that would be so
extended if that foreign country were a Party to the Agreement;
may make a representation to the Trade Representative alleging that a
standards-related activity engaged in within the United States violates
the obligations of the United States under the Agreement. Any such
representation must be made in accordance with procedures that the Trade
Representative shall by regulation prescribe and must provide a
reasonable indication that the standards-related activity concerned is
having a significant trade effect. No person other than a Party to the
Agreement or a foreign country described in paragraph (2) may make such
a representation.
(Pub. L. 96-39, title IV, 422, July 26, 1979, 93 Stat. 247; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted for ''Special Representative'', meaning Special
Representative for Trade Negotiations, in par. (2) and provision
following par. (2), pursuant to Reorg. Plan No. 3 of 1979, 1(b)(1),
44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by
section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set
out as notes under section 2171 of this title. See, also, section 2171
of this title as amended by Pub. L. 97-456.
19 USC 2553. Action after receipt of representations
TITLE 19 -- CUSTOMS DUTIES
(a) Review
Upon receipt of any representation made under section 2552 of this
title, the Trade Representative shall review the issues concerned in
consultation with --
(1) the agency or person alleged to be engaging in violations under
the Agreement;
(2) the member agencies of the interagency trade organization
established under section 1872(a) of this title;
(3) other appropriate Federal agencies; and
(4) appropriate representatives referred to in section 2547 of this
title.
(b) Resolution
The Trade Representative shall undertake to resolve, on a mutually
satisfactory basis, the issues set forth in the representation through
consultation with the parties concerned.
(Pub. L. 96-39, title IV, 423, July 26, 1979, 93 Stat. 247; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted for ''Special Representative'', meaning Special
Representative for Trade Negotiations, in subsecs. (a) and (b),
pursuant to Reorg. Plan No. 3 of 1979, 1(b)(1), 44 F.R. 69273, 93
Stat. 1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.
Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under
section 2171 of this title. See, also, section 2171 of this title as
amended by Pub. L. 97-456.
19 USC 2554. Procedure after finding by international forum
TITLE 19 -- CUSTOMS DUTIES
(a) In general
If an appropriate international forum finds that a standards-related
activity being engaged in within the United States conflicts with the
obligations of the United States under the Agreement, the interagency
trade organization established under section 1872(a) of this title shall
review the finding and the matters related thereto with a view to
recommending appropriate action.
(b) Cross reference
For provisions of law regarding remedies available to domestic
persons alleging that standards activities engaged in by Parties to the
Agreement (other than the United States) violate the obligations of the
Agreement, see section 2411 of this title.
(Pub. L. 96-39, title IV, 424, July 26, 1979, 93 Stat. 248.)
19 USC subpart 2 -- other proceedings regarding certain
standards-related activities
TITLE 19 -- CUSTOMS DUTIES
19 USC 2561. Findings of reciprocity required in administrative
proceedings
TITLE 19 -- CUSTOMS DUTIES
(a) In general
Except as provided under subpart 1, no Federal agency may consider a
complaint or petition against any standards-related activity regarding
an imported product, if that activity is engaged in within the United
States and is covered by the Agreement, unless the Trade Representative
finds, and informs the agency concerned in writing, that --
(1) the country of origin of the imported product is a Party to the
Agreement or a foreign country described in section 2552(2) of this
title; and
(2) the dispute settlement procedures provided under the Agreement
are not appropriate.
(b) Exemptions
This section does not apply with respect to causes of action arising
under --
(1) the antitrust laws as defined in section 12(a) of title 15; or
(2) statutes administered by the Secretary of Agriculture.
This section does not apply with respect to petitions and proceedings
that are provided for under the practices of any Federal agency for the
purpose of ensuring, in accordance with section 553 of title 5, that
interested persons are given an opportunity to participate in agency
rulemaking or to seek the issuance, amendment, or repeal of a rule.
(Pub. L. 96-39, title IV, 441, July 26, 1979, 93 Stat. 248.)
''Trade Representative'', meaning United States Trade Representative,
substituted for ''Special Representative'', meaning Special
Representative for Trade Negotiations, in subsec. (a), pursuant to
Reorg. Plan No. 3 of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381,
eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No.
12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171
of this title. See, also, section 2171 of this title as amended by Pub.
L. 97-456.
19 USC 2562. Consideration of standards-related activities by an
international forum
TITLE 19 -- CUSTOMS DUTIES
No standards-related activity being engaged in within the United
States may be stayed in any judicial or administrative proceeding on the
basis that such activity is currently being considered, pursuant to the
Agreement, by an international forum.
(Pub. L. 96-39, title IV, 442, July 26, 1979, 93 Stat. 248.)
19 USC Part D -- Definitions and Miscellaneous Provisions
TITLE 19 -- CUSTOMS DUTIES
19 USC 2571. Definitions
TITLE 19 -- CUSTOMS DUTIES
As used in this subchapter --
(1) Agreement
The term ''Agreement'' means the Agreement on Technical Barriers to
Trade approved under section 2503(a) of this title.
(2) Certification system
The term ''certification system'' means a system --
(A) for determining whether a product conforms with product standards
applicable to that product; and
(B) if a product so conforms, for attesting, by means of a document,
mark, or other appropriate evidence of conformity, to that conformity.
Such term also includes any modification of, or change to, any such
system.
(3) Federal agency
The term ''Federal agency'' means any of the following within the
meaning of chapter 2 of part I of title 5:
(A) Any executive department.
(B) Any military department.
(C) Any Government corporation.
(D) Any Government-controlled corporation.
(E) Any independent establishment.
(4) International certification system
The term ''international certification system'' means a certification
system that is adopted by an international standards organization.
(5) International standard
The term ''international standard'' means any standard that is
promulgated by an international standards organization.
(6) International standards organization
The term ''international standards organization'' means any
organization --
(A) the membership of which is open to representatives, whether
public or private, of the United States and --
(i) all Parties to the Agreement, or
(ii) some but not all Parties of the Agreement; and
(B) that is engaged in international standards-related activities.
(7) International standards-related activity
The term ''international standards-related activity'' means the
negotiation, development, or promulgation of, or any amendment or change
to, an international standard, or an international certification system,
or both.
(8) Party to the Agreement
The term ''Party to the Agreement'' means any foreign country or
instrumentality determined by the President to have assumed, and to be
applying, the obligations of the Agreement with respect to the United
States.
(9) Private person
The term ''private person'' means --
(A) any individual who is a citizen or national of the United States;
and
(B) any corporation, partnership, association, or other legal entity
organized or existing under the law of any State, whether for profit or
not for profit.
(10) Product
The term ''product'' means any natural or manufactured item.
(11) Secretary concerned
The term ''Secretary concerned'' means the Secretary of Commerce with
respect to functions under this subchapter relating to nonagricultural
products, and the Secretary of Agriculture with respect to functions
under this subchapter relating to agricultural products.
(12) Trade Representative
The term ''Trade Representative'' means the United States Trade
Representative.
(13) Standard
The term ''standard'' means any of the following, and any amendment
or change to any of the following:
(A) The specification of the characteristics of a product, including,
but not limited to, levels of quality, performance, safety, or
dimensions.
(B) Specifications relating to the terminology, symbols, testing and
test methods, packaging, or marking or labeling requirements applicable
to a product.
(C) Administrative procedures related to the application of any
specification referred to in paragraph (A) or (B).
(14) Standards-related activity
The term ''standards-related activity'' means the development,
adoption, or application of any standard or any certification system.
(15) State
The term ''State'' means any of the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American
Samoa, Guam and any other Commonwealth, territory, or possession of the
United States.
(16) State agency
The term ''State agency'' means any department, agency, or other
instrumentality of the government of any State or of any political
subdivision of any State.
(17) United States
The term ''United States'', when used in a geographical context,
means all States.
(Pub. L. 96-39, title IV, 451, July 26, 1979, 93 Stat. 249; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
Chapter 2 of part I of title 5, referred to in par. (3), probably
means chapter 1 of part I of title 5, which is classified to section 101
et seq. of Title 5, Government Organization and Employees, and which
relates to organization of agencies.
''Trade Representative'' and ''United States Trade Representative''
substituted for ''Special Representative'' and ''Special Representative
for Trade Negotiations'', respectively, in par. (12), pursuant to
Reorg. Plan No. 3 of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381,
eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex. Ord. No.
12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171
of this title. See, also, section 2171 of this title as amended by Pub.
L. 97-456.
Part effective Jan. 1, 1980, if the Agreement enters into force with
respect to the United States by that date, see section 454 of Pub. L.
96-39, set out as a note under section 2531 of this title.
19 USC 2572. Exemptions
TITLE 19 -- CUSTOMS DUTIES
This subchapter does not apply to --
(1) any standards activity engaged in by any Federal agency or State
agency for the use (including, but not limited to, use with respect to
research and development, production, or consumption) of that agency or
the use of another such agency; or
(2) any standards activity engaged in by any private person solely
for use in the production or consumption of products by that person.
(Pub. L. 96-39, title IV, 452, July 26, 1979, 93 Stat. 250.)
19 USC 2573. Reports to Congress on operation of agreement
TITLE 19 -- CUSTOMS DUTIES
As soon as practicable after the close of the 3-year period beginning
on the date on which this subchapter takes effect, and as soon as
practicable after the close of each succeeding 3-year period, the Trade
Representative shall prepare and submit to Congress a report containing
an evaluation of the operation of the Agreement, both domestically and
internationally, during the period.
(Pub. L. 96-39, title IV, 453, July 26, 1979, 93 Stat. 250; 1979
Reorg. Plan No. 3, 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat.
1381.)
''Trade Representative'', meaning United States Trade Representative,
substituted in text for ''Special Representative'', meaning Special
Representative for Trade Negotiations, pursuant to Reorg. Plan No. 3
of 1979, 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as
provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45
F.R. 993, set out as notes under section 2171 of this title. See, also,
section 2171 of this title as amended by Pub. L. 97-456.
19 USC SUBCHAPTER III -- MISCELLANEOUS PROVISIONS
TITLE 19 -- CUSTOMS DUTIES
19 USC 2581. Auction of import licenses
TITLE 19 -- CUSTOMS DUTIES
(a) In general
Notwithstanding any other provision of law, the President may sell
import licenses at public auction under such terms and conditions as he
deems appropriate. Regulations prescribed under this subsection shall,
to the extent practicable and consistent with efficient and fair
administration, insure against inequitable sharing of imports by a
relatively small number of the larger importers.
(b) ''Import license'' defined
For purposes of this section, the term ''import license'' means any
documentation used to administer a quantitative restriction imposed or
modified after July 26, 1979 under --
(1) section 125, 203, 301, or 406 of the Trade Act of 1974 (19 U.S.C.
2135, 2253, 2411, or 2436),
(2) the International Emergency Economic Powers Act (50 U.S.C.
1701-1706),
(3) authority under the notes of the Harmonized Tariff Schedule of
the United States, but not including any quantitative restriction
imposed under section 22 of the Agricultural Adjustment Act of 1934 (7
U.S.C. 624),
(4) the Trading With the Enemy Act (50 U.S.C. App. 1-44),
(5) section 204 of the Agricultural Act of 1956 (7 U.S.C. 1854) other
than for meat or meat products, or
(6) any Act enacted explicitly for the purpose of implementing an
international agreement to which the United States is a party, including
such agreements relating to commodities, but not including any agreement
relating to cheese or dairy products.
(Pub. L. 96-39, title XI, 1102, July 26, 1979, 93 Stat. 307; Pub.
L. 100-418, title I, 1214(k), Aug. 23, 1988, 102 Stat. 1158.)
The International Emergency Economic Powers Act, referred to in
subsec. (b)(2), is Pub. L. 95-223, title II, Dec. 28, 1977, 91 Stat.
1626, which is classified generally to chapter 35 ( 1701 et seq.) of
Title 50, War and National Defense. For complete classification of this
Act to the Code, see Short Title note set out under section 1701 of
Title 50 and Tables.
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (b)(3), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
The Trading With the Enemy Act, referred to in subsec. (b)(4), is
act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which is
classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50,
Appendix, War and National Defense. For complete classification of this
Act to the Code, see Tables.
1988 -- Subsec. (b)(3). Pub. L. 100-418 substituted ''notes of the
Harmonized Tariff Schedule of the United States'' for ''headnotes of the
Tariff Schedules of the United States''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.
Section 1114 of title XI of Pub. L. 96-39 provided that: ''Except
as otherwise provided in this title, this title (enacting this
subchapter, amending the Tariff Schedules of the United States and
sections 1315, 1337, 2112, 2119, 2131, 2155, 2192, 2253, 2432, 2434,
2435, 2462, 2463, 2464, 2481, and 2486 of this title, section 5315 of
Title 5, Government Organization and Employees, and section 301 of Title
13, Census, enacting provisions set out as notes under sections 2111,
2112, and 2464 of this title and 301 of Title 13, and amending a
provision set out as a note under section 2101 of this title) shall take
effect on the date of enactment of this Act (July 26, 1979).''
19 USC 2582. Repealed. Pub. L. 98-67, title II, 214(d), Aug. 5,
1983, 97 Stat. 393
TITLE 19 -- CUSTOMS DUTIES
Section, Pub. L. 96-39, title XI, 1112, July 26, 1979, 93 Stat.
316, authorized payment of compensation to losses in taxes resulting
from concessions granted by United States in Tokyo Round of Multilateral
Trade Negotiations on articles produced by United States possessions on
which excise taxes are levied by United States.
Repeal effective Aug. 5, 1983, see section 218(a) of Pub. L.
98-67, which is classified to section 2706 of this title.
19 USC CHAPTER 14 -- CONVENTION ON CULTURAL PROPERTY
TITLE 19 -- CUSTOMS DUTIES
Sec.
2601. Definitions.
2602. Agreements to implement Article 9 of the convention.
(a) Agreement authority.
(b) Effective period.
(c) Restrictions on entering into agreements.
(d) Suspension of import restrictions under agreements.
(e) Extension of agreements.
(f) Procedures.
(g) Information on Presidential action.
2603. Emergency implementation of import restrictions.
(a) ''Emergency condition'' defined.
(b) Presidential action.
(c) Limitations.
2604. Designation of materials covered by agreements or emergency
actions.
2605. Cultural Property Advisory Committee.
(a) Establishment.
(b) Membership.
(c) Expenses.
(d) Transaction of business.
(e) Staff and administration.
(f) Reports by Committee.
(g) Committee review.
(h) Federal Advisory Committee Act.
(i) Confidential information.
(j) No authority to negotiate.
2606. Import restrictions.
(a) Documentation of lawful exportation.
(b) Customs action in absence of documentation.
(c) ''Satisfactory evidence'' defined.
(d) Related persons.
2607. Stolen cultural property.
2608. Temporary disposition of materials and articles subject to
this chapter.
2609. Seizure and forfeiture.
(a) In general.
(b) Archaeological and ethnological material.
(c) Articles of cultural property.
2610. Evidentiary requirements.
2611. Certain material and articles exempt from this chapter.
2612. Regulations.
2613. Enforcement.
19 USC 2601. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this chapter --
(1) The term ''agreement'' includes any amendment to, or extension
of, any agreement under this chapter that enters into force with respect
to the United States.
(2) The term ''archaeological or ethnological material of the State
Party'' means --
(A) any object of archaeological interest;
(B) any object of ethnological interest; or
(C) any fragment or part of any object referred to in subparagraph
(A) or (B);
which was first discovered within, and is subject to export control
by, the State Party. For purposes of this paragraph --
(i) no object may be considered to be an object of archaeological
interest unless such object --
(I) is of cultural significance;
(II) is at least two hundred and fifty years old; and
(III) was normally discovered as a result of scientific excavation,
clandestine or accidental digging, or exploration on land or under
water; and
(ii) no object may be considered to be an object of ethnological
interest unless such object is --
(I) the product of a tribal or nonindustrial society, and
(II) important to the cultural heritage of a people because of its
distinctive characteristics, comparative rarity, or its contribution to
the knowledge of the origins, development, or history of that people.
(3) The term ''Committee'' means the Cultural Property Advisory
Committee established under section 2605 of this title.
(4) The term ''consignee'' means a consignee as defined in section
1483 /1/ of this title.
(5) The term ''Convention'' means the Convention on the means of
prohibiting and preventing the illicit import, export, and transfer of
ownership of cultural property adopted by the General Conference of the
United Nations Educational, Scientific, and Cultural Organization at its
sixteenth session.
(6) The term ''cultural property'' includes articles described in
article 1(a) through (k) of the Convention whether or not any such
article is specifically designated as such by any State Party for the
purposes of such article.
(7) The term ''designated archaeological or ethnological material''
means any archaeological or ethnological material of the State Party
which --
(A) is --
(i) covered by an agreement under this chapter that enters into force
with respect to the United States, or
(ii) subject to emergency action under section 2603 of this title,
and
(B) is listed by regulation under section 2604 of this title.
(8) The term ''Secretary'' means the Secretary of the Treasury or his
delegate.
(9) The term ''State Party'' means any nation which has ratified,
accepted, or acceded to the Convention.
(10) The term ''United States'' includes the several States, the
District of Columbia, and any territory or area the foreign relations
for which the United States is responsible.
(11) The term ''United States citizen'' means --
(A) any individual who is a citizen or national of the United States;
(B) any corporation, partnership, association, or other legal entity
organized or existing under the laws of the United States or any State;
or
(C) any department, agency, or entity of the Federal Government or of
any government of any State.
(Pub. L. 97-446, title III, 302, Jan. 12, 1983, 96 Stat. 2351.)
Section 1483 of this title, referred to in par. (4), was repealed by
Pub. L. 97-446, title II, 201(c), Jan. 12, 1983, 96 Stat. 2349.
Prior to repeal, section 1483 read: ''For the purposes of this subtitle
--
''(1) All merchandise imported into the United States shall be held
to be the property of the person to whom the same is consigned; and the
holder of a bill of lading or the holder of an air waybill duly indorsed
by the consignee therein named, or, in the case of a bill of lading if
consigned to order, by the consignor, shall be deemed the consignee
thereof; except that this section shall not limit in any way the rights
of the consignor, as prescribed by article 12 of the Warsaw Convention
(49 Stat. 3017). The underwriters of abandoned merchandise and the
salvors of merchandise saved from a wreck at sea or on or along a coast
of the United States may be regarded as the consignees.
''(2) A person making entry of merchandise under the provisions of
subdivision (h) or (i) of section 1484 of this title (relating to entry
on carrier's certificate and on duplicate bill of lading, respectively)
shall be deemed the sole consignee thereof.''
Section 2605 of this title, referred to in par. (3), was in original
''section 206'' and was translated as section 2605 of this title, which
is section 306 of Pub. L. 97-446, as the probable intent of Congress.
Section 315 of title III of Pub. L. 97-446 provided that:
''(a) In General. -- This title (enacting this chapter) shall take
effect on the ninetieth day after the date of the enactment of this Act
(Jan. 12, 1983) or on any date which the President shall prescribe and
publish in the Federal Register, if such date is --
''(1) before such ninetieth day and after such date of enactment;
and
''(2) after the initial membership of the Committee is appointed.
''(b) Exception. -- Notwithstanding subsection (a), the members of
the Committee may be appointed in the manner provided for in section 306
(2605 of this title) at any time after the date of the enactment of this
Act (Jan. 12, 1983).''
Section 301 of title III of Pub. L. 97-446 provided that: ''This
title (enacting this chapter) may be cited as the 'Convention on
Cultural Property Implementation Act'.''
/1/ See References in Text note below.
19 USC 2602. Agreements to implement Article 9 of the convention
TITLE 19 -- CUSTOMS DUTIES
(a) Agreement authority
(1) In general
If the President determines, after request is made to the United
States under article 9 of the Convention by any State Party --
(A) that the cultural patrimony of the State Party is in jeopardy
from the pillage of archaeological or ethnological materials of the
State Party;
(B) that the State Party has taken measures consistent with the
Convention to protect its cultural patrimony;
(C) that --
(i) the application of the import restrictions set forth in section
2606 of this title with respect to archaeological or ethnological
material of the State Party, if applied in concert with similar
restrictions implemented, or to be implemented within a reasonable
period of time, by those nations (whether or not State Parties)
individually having a significant import trade in such material, would
be of substantial benefit in deterring a serious situation of pillage,
and
(ii) remedies less drastic than the application of the restrictions
set forth in such section are not available; and
(D) that the application of the import restrictions set forth in
section 2606 of this title in the particular circumstances is consistent
with the general interest of the international community in the
interchange of cultural property among nations for scientific, cultural,
and educational purposes;
the President may, subject to the provisions of this chapter, take
the actions described in paragraph (2).
(2) Authority of President
For purposes of paragraph (1), the President may enter into --
(A) a bilateral agreement with the State Party to apply the import
restrictions set forth in section 2606 of this title to the
archaeological or ethnological material of the State Party the pillage
of which is creating the jeopardy to the cultural patrimony of the State
Party found to exist under paragraph (1)(A); or
(B) a multilateral agreement with the State Party and with one or
more other nations (whether or not a State Party) under which the United
States will apply such restrictions, and the other nations will apply
similar restrictions, with respect to such material.
(3) Requests
A request made to the United States under article 9 of the Convention
by a State Party must be accompanied by a written statement of the facts
known to the State Party that relate to those matters with respect to
which determinations must be made under subparagraphs (A) through (D) of
paragraph (1).
(4) Implementation
In implementing this subsection, the President should endeavor to
obtain the commitment of the State Party concerned to permit the exhange
/1/ of its archaeological and ethnological materials under circumstances
in which such exchange does not jeopardize its cultural patrimony.
(b) Effective period
The President may not enter into any agreement under subsection (a)
of this section which has an effective period beyond the close of the
five-year period beginning on the date on which such agreement enters
into force with respect to the United States.
(c) Restrictions on entering into agreements
(1) In general
The President may not enter into a bilateral or multilateral
agreement authorized by subsection (a) of this section unless the
application of the import restrictions set forth in section 2606 of this
title with respect to archaeological or ethnological material of the
State Party making a request to the United States under article 9 of the
Convention will be applied in concert with similar restrictions
implemented, or to be implemented, by those nations (whether or not
State Parties) individually having a significant import trade in such
material.
(2) Exception to restrictions
Notwithstanding paragraph (1), the President may enter into an
agreement if he determines that a nation individually having a
significant import trade in such material is not implementing, or is not
likely to implement, similar restrictions, but --
(A) such restrictions are not essential to deter a serious situation
of pillage, and
(B) the application of the import restrictions set forth in section
2606 of this title in concert with similar restrictions implemented, or
to be implemented, by other nations (whether or not State Parties)
individually having a significant import trade in such material would be
of substantial benefit in deterring a serious situation of pillage.
(d) Suspension of import restrictions under agreements
If, after an agreement enters into force with respect to the United
States, the President determines that a number of parties to the
agreement (other than parties described in subsection (c)(2) of this
section) having significant import trade in the archaeological and
ethnological material covered by the agreement --
(1) have not implemented within a reasonable period of time import
restrictions that are similar to those set forth in section 2606 of this
title, or
(2) are not implementing such restrictions satisfactorily with the
result that no substantial benefit in deterring a serious situation of
pillage in the State Party concerned is being obtained,
the President shall suspend the implementation of the import
restrictions under section 2606 of this title until such time as the
nations take appropriate corrective action.
(e) Extension of agreements
The President may extend any agreement that enters into force with
respect to the United States for additional periods of not more than
five years each if the President determines that --
(1) the factors referred to in subsection (a)(1) of this section
which justified the entering into of the agreement still pertain, and
(2) no cause for suspension under subsection (d) of this section
exists.
(f) Procedures
If any request described in subsection (a) of this section is made by
a State Party, or if the President proposes to extend any agreement
under subsection (e) of this section, the President shall --
(1) publish notification of the request or proposal in the Federal
Register;
(2) submit to the Committee such information regarding the request or
proposal (including, if applicable, information from the State Party
with respect to the implementation of emergency action under section
2603 of this title) as is appropriate to enable the Committee to carry
out its duties under section 2605(f) of this title; and
(3) consider, in taking action on the request or proposal, the views
and recommendations contained in any Committee report --
(A) required under section 2605(f)(1) or (2) of this title, and
(B) submitted to the President before the close of the
one-hundred-and-fifty-day period beginning on the day on which the
President submitted information on the request or proposal to the
Committee under paragraph (2).
(g) Information on Presidential action
(1) In general
In any case in which the President --
(A) enters into or extends an agreement pursuant to subsection (a) or
(e) of this section, or
(B) applies import restrictions under section 2603 of this title,
the President shall, promptly after taking such action, submit a
report to the Congress.
(2) Report
The report under paragraph (1) shall contain --
(A) a description of such action (including the text of any agreement
entered into),
(B) the differences (if any) between such action and the views and
recommendations contained in any Committee report which the President
was required to consider, and
(C) the reasons for any such difference.
(3) Information relating to committee recommendations
If any Committee report required to be considered by the President
recommends that an agreement be entered into, but no such agreement is
entered into, the President shall submit to the Congress a report which
contains the reasons why such agreement was not entered into.
(Pub. L. 97-446, title III, 303, Jan. 12, 1983, 96 Stat. 2352.)
Section 2603 of this title, referred to in subsec. (g)(1)(B), was in
the original ''section 204'', and was translated as section 2602 of this
title, which is section 304 of Pub. L. 97-446, as the probable intent
of Congress.
Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including the Convention on
Cultural Property Implementation Act (Title III of Public Law 97-446;
hereinafter referred to as the ''Act'') (this chapter), and Section 301
of Title 3 of the United States Code, it is hereby ordered as follows:
Section 1. United States Information Agency. The following
functions conferred upon the President by the Act are hereby delegated
to the Director of the United States Information Agency, acting in
consultation with the Secretary of State and the Secretary of the
Treasury:
(a) The functions conferred by section 303(a)(1) (19 U.S.C.
2602(a)(1)) concerning determinations to be made prior to initiation of
negotiations of bilateral or multilateral agreements.
(b) The functions conferred by section 303(d) with respect to the
determinations concerning the failure of other parties to an agreement
to take any or satisfactory implementation action on their agreement;
provided, however, that the Secretary of State will remain responsible
for interpretation of the agreement.
(c) The functions conferred by section 303(e) relating to the
determinations to be made prior to the initiation of negotiations for
the extension of any agreement.
(d) The functions conferred by section 303(f) relating to the actions
to be taken upon receipt of a request made by a State Party to the
Convention on the Means of Prohibiting and Preventing the Illicit
Import, Export and Transfer of Ownership of Cultural Property adopted by
the Sixteenth General Conference of the United Nations Educational,
Scientific and Cultural Organization (hereinafter referred to as the
''Convention'').
(e) The functions conferred by section 303(g)(1)(B) relating to the
notification of Presidential action and the furnishing of reports to the
Congress.
(f) The functions conferred by section 304(b) (19 U.S.C. 2603(b)) to
the extent that they involve determinations by the President that an
emergency condition applies with respect to any archaeological or
ethnological material of any State Party to the Convention, subject to
the limitations of sections 304(c)(1), 304(c)(2), and 304(c)(3).
(g) The functions conferred by section 304(c)(3) to the extent that
they involve determinations to be made and the receipt and consideration
of an advisory report from the Cultural Property Advisory Committee by
the President prior to extensions of emergency import restrictions.
(h) The functions conferred by sections 306(f)(6) and 306(g) (19
U.S.C. 2605(f)(6), (g)) relating to the receipt of reports prepared by
the Cultural Property Advisory Committee.
(i) The functions conferred by section 306(h) relating to the
determinations to be made about the disclosure of matters involved in
the Cultural Property Advisory Committee's proceedings.
Sec. 2. Department of State. The following functions conferred upon
the President by the Act are hereby delegated to the Secretary of State,
acting in consultation with and with the participation of the Director
of the United States Information Agency and in consultation with the
Secretary of the Treasury:
(a) The functions conferred by section 303(a)(2) (19 U.S.C.
2602(a)(2)) relating to the negotiation and conclusion of bilateral or
multilateral agreements under the Act, subject to the restrictions of
section 303(c).
(b) The functions conferred by section 303(a)(4) relating to
obtaining a commitment on the exchange of archaeological and
ethnological materials from a party to an agreement.
(c) The functions conferred by section 303(e) relating only to
negotiation and conclusion of extensions of agreements under the Act.
(d) Except with respect to subsection 303(g)(1)(B), the functions
conferred by section 303(g), relating to the notification of
Presidential action and the furnishing of reports to the Congress.
(e) The functions conferred by section 304(c)(4) (19 U.S.C.
2603(c)(4)) to the extent that they involve the negotiation and
conclusion of agreements subject to advice and consent to ratification
by the Senate.
Sec. 3. Department of the Treasury. The following functions
conferred upon the President by the Act are hereby delegated to the
Secretary of the Treasury, acting in consultation with the Director of
the United States Information Agency and the Secretary of State:
(a) Subject to subsection (b) of Section 1 above, the functions
conferred by section 303(d) (19 U.S.C. 2602(d)) to the extent that they
involve the suspension of import restrictions.
(b) Subject to subsection(s) (f) and (g) of Section 1 above, the
functions conferred by section 304 (19 U.S.C. 2603) to the extent that
they involve the application of import restrictions set forth in section
307 (19 U.S.C. 2606) and the extension of such import restrictions
pursuant to section 304(c)(3).
Sec. 4. Enforcement in Territories and Other Areas. The Secretary of
the Interior is designated to carry out the enforcement functions in
section 314 (19 U.S.C. 2613).
Ronald Reagan.
/1/ So in original. Probably should be ''exchange''.
19 USC 2603. Emergency implementation of import restrictions
TITLE 19 -- CUSTOMS DUTIES
(a) ''Emergency condition'' defined
For purposes of this section, the term ''emergency condition'' means,
with respect to any archaeological or ethnological material of any State
Party, that such material is --
(1) a newly discovered type of material which is of importance for
the understanding of the history of mankind and is in jeopardy from
pillage, dismantling, dispersal, or fragmentation;
(2) identifiable as coming from any site recognized to be of high
cultural significance if such site is in jeopardy from pillage,
dismantling, dispersal, or fragmentation which is, or threatens to be,
of crisis proportions; or
(3) a part of the remains of a particular culture or civilization,
the record of which is in jeopardy from pillage, dismantling, dispersal,
or fragmentation which is, or threatens to be, of crisis proportions;
and application of the import restrictions set forth in section 2606
of this title on a temporary basis would, in whole or in part, reduce
the incentive for such pillage, dismantling, dispersal or fragmentation.
(b) Presidential action
Subject to subsection (c) of this section, if the President
determines that an emergency condition applies with respect to any
archaeological or ethnological material of any State Party, the
President may apply the import restrictions set forth in section 2606 of
this title with respect to such material.
(c) Limitations
(1) The President may not implement this section with respect to the
archaeological or ethnological materials of any State Party unless the
State Party has made a request described in section 2602(a) of this
title to the United States and has supplied information which supports a
determination that an emergency condition exists.
(2) In taking action under subsection (b) of this section with
respect to any State Party, the President shall consider the views and
recommendations contained in the Committee report required under section
2605(f)(3) of this title if the report is submitted to the President
before the close of the ninety-day period beginning on the day on which
the President submitted information to the Committee under section
2602(f)(2) of this title on the request of the State Party under section
2602(a) of this title.
(3) No import restrictions set forth in section 2606 of this title
may be applied under this section to the archaeological or ethnological
materials of any State Party for more than five years after the date on
which the request of a State Party under section 2602(a) of this title
is made to the United States. This period may be extended by the
President for three more years if the President determines that the
emergency condition continues to apply with respect to the
archaeological or ethnological material. However, before taking such
action, the President shall request and consider, if received within
ninety days, a report of the Committee setting forth its
recommendations, together with the reasons therefor, as to whether such
import restrictions shall be extended.
(4) The import restrictions under this section may continue to apply
in whole or in part, if before their expiration under paragraph (3),
there has entered into force with respect to the archaeological or
ethnological materials an agreement under section 2602 of this title or
an agreement with a State Party to which the Senate has given its advice
and consent to ratification. Such import restrictions may continue to
apply for the duration of the agreement.
(Pub. L. 97-446, title III, 304, Jan. 12, 1983, 96 Stat. 2354.)
Section 2602 of this title, referred to in subsec. (c)(4), was in
the original ''section 203'', and was translated as section 2602 of this
title, which is section 303 of Pub. L. 97-446, as the probable intent
of Congress.
For delegation of certain functions of President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note
under section 2602 of this title.
19 USC 2604. Designation of materials covered by agreements or
emergency actions
TITLE 19 -- CUSTOMS DUTIES
After any agreement enters into force under section 2602 of this
title, or emergency action is taken under section 2603 of this title,
the Secretary, after consultation with the Director of the United States
Information Agency, shall by regulation promulgate (and when appropriate
shall revise) a list of the archaeological or ethnological material of
the State Party covered by the agreement or by such action. The
Secretary may list such material by type or other appropriate
classification, but each listing made under this section shall be
sufficiently specific and precise to insure that (1) the import
restrictions under section 2606 of this title are applied only to the
archeological and ethnological material covered by the agreement or
emergency action; and (2) fair notice is given to importers and other
persons as to what material is subject to such restrictions.
(Pub. L. 97-446, title III, 305, Jan. 12, 1983, 96 Stat. 2355.)
19 USC 2605. Cultural Property Advisory Committee
TITLE 19 -- CUSTOMS DUTIES
(a) Establishment
There is established the Cultural Property Advisory Committee.
(b) Membership
(1) The Committee shall be composed of eleven members appointed by
the President as follows:
(A) Two members representing the interests of museums.
(B) Three members who shall be experts in the fields of archaeology,
anthropology, ethnology, or related areas.
(C) Three members who shall be experts in the international sale of
archaeological, ethnological, and other cultural property.
(D) Three members who shall represent the interest of the general
public.
(2) Appointments made under paragraph (1) shall be made in such a
manner so as to insure --
(A) fair representation of the various interests of the public
sectors and the private sectors in the international exchange of
archaeological and ethnological materials, and
(B) that within such sectors, fair representation is accorded to the
interests of regional and local institutions and museums.
(3)(A) Members of the Committee shall be appointed for terms of three
years and may be reappointed for one or more terms. With respect to the
initial appointments, the President shall select, on a representative
basis to the maximum extent practicable, four members to serve
three-year terms, four members to serve two-year terms, and the
remaining members to serve a one-year term. Thereafter each appointment
shall be for a three-year term.
(B)(i) A vacancy in the Committee shall be filled in the same manner
as the original appointment was made and for the unexpired portion of
the term, if the vacancy occurred during a term of office. Any member
of the Committee may continue to serve as a member of the Committee
after the expiration of his term of office until reappointed or until
his successor has been appointed.
(ii) The President shall designate a Chairman of the Committee from
the members of the Committee.
(c) Expenses
The members of the Committee shall be reimbursed for actual expenses
incurred in the performance of duties for the Committee.
(d) Transaction of business
Six of the members of the Committee shall constitute a quorum. All
decisions of the Committee shall be by majority vote of the members
present and voting.
(e) Staff and administration
(1) The Director of the United States Information Agency shall make
available to the Committee such administrative and technical support
services and assistance as it may reasonably require to carry out its
activities. Upon the request of the Committee, the head of any other
Federal agency may detail to the Committee, on a reimbursable basis, any
of the personnel of such agency to assist the Committee in carrying out
its functions, and provide such information and assistance as the
Committee may reasonably require to carry out its activities.
(2) The Committee shall meet at the call of the Director of the
United States Information Agency, or when a majority of its members
request a meeting in writing.
(f) Reports by Committee
(1) The Commitee /1/ shall, with respect to each request of a State
Party referred to in section 2602(a) of this title, undertake an
investigation and review with respect to matters referred to in section
2602(a)(1) of this title as they relate to the State Party or the
request and shall prepare a report setting forth --
(A) the results of such investigation and review;
(B) its findings as to the nations individually having a significant
import trade in the relevant material; and
(C) its recommendation, together with the reasons therefor, as to
whether an agreement should be entered into under section 2602(a) of
this title with respect to the State Party.
(2) The Committee shall, with respect to each agreement proposed to
be extended by the President under section 2602(e) of this title,
prepare a report setting forth its recommendations together with the
reasons therefor, as to whether or not the agreement should be extended.
(3) The Committee shall in each case in which the Committee finds
that an emergency condition under section 2603 of this title exists
prepare a report setting forth its recommendations, together with the
reasons therefor, as to whether emergency action under section 2603 of
this title should be implemented. If any State Party indicates in its
request under section 2602(a) of this title that an emergency condition
exists and the Committee finds that such a condition does not exist, the
Committee shall prepare a report setting forth the reasons for such
finding.
(4) Any report prepared by the Committee which recommends the
entering into or the extension of any agreement under section 2602 of
this title or the implementation of emergency action under section 2603
of this title shall set forth --
(A) such terms and conditions which it considers necessary and
appropriate to include within such agreement, or apply with respect to
such implementation, for purposes of carrying out the intent of the
Convention; and
(B) such archaeological or ethnological material of the State Party,
specified by type or such other classification as the Committee deems
appropriate, which should be covered by such agreement or action.
(5) If any member of the Committee disagrees with respect to any
matter in any report prepared under this subsection, such member may
prepare a statement setting forth the reasons for such disagreement and
such statement shall be appended to, and considered a part of, the
report.
(6) The Committee shall submit to the Congress and the President a
copy of each report prepared by it under this subsection.
(g) Committee review
(1) In general
The Committee shall undertake a continuing review of the
effectiveness of agreements under section 2602 of this title that have
entered into force with respect to the United States, and of emergency
action implemented under section 2603 of this title.
(2) Action by Committee
If the Committee finds, as a result of such review, that --
(A) cause exists for suspending, under section 2602(d) of this title,
the import restrictions imposed under an agreement;
(B) any agreement or emergency action is not achieving the purposes
for which entered into or implemented; or
(C) changes are required to this chapter in order to implement fully
the obligations of the United States under the Convention;
the Committee may submit a report to the Congress and the President
setting forth its recommendations for suspending such import
restrictions or for improving the effectiveness of any such agreement or
emergency action or this chapter.
(h) Federal Advisory Committee Act
The provisions of the Federal Advisory Committee Act (Public Law
92-463; 5 U.S.C. Appendix) shall apply to the Committee except that the
requirements of subsections (a) and (b) of section 10 and section 11 of
such Act (relating to open meetings, public notice, public
participation, and public availability of documents) shall not apply to
the Committee, whenever and to the extent it is determined by the
President or his designee that the disclosure of matters involved in the
Committee's proceedings would compromise the Government's negotiating
objectives or bargaining positions on the negotiations of any agreement
authorized by this chapter.
(i) Confidential information
(1) In general
Any information (including trade secrets and commercial or financial
information which is privileged or confidential) submitted in confidence
by the private sector to officers or employees of the United States or
to the Committee in connection with the responsibilities of the
Committee shall not be disclosed to any person other than to --
(A) officers and employees of the United States designated by the
Director of the United States Information Agency;
(B) members of the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate who are
designated by the chairman of either such Committee and members of the
staff of either such Committee designated by the chairman for use in
connection with negotiation of agreements or other activities authorized
by this chapter; and
(C) the Committee established under this chapter.
(2) Governmental information
Information submitted in confidence by officers or employees of the
United States to the Committee shall not be disclosed other than in
accordance with rules issued by the Director of the United States
Information Agency, after consultation with the Committee. Such rules
shall define the categories of information which require restricted or
confidential handling by such Committee considering the extent to which
public disclosure of such information can reasonably be expected to
prejudice the interests of the United States. Such rules shall, to the
maximum extent feasible, permit meaningful consultations by Committee
members with persons affected by proposed agreements authorized by this
chapter.
(j) No authority to negotiate
Nothing contained in this section shall be construed to authorize or
to permit any individual (not otherwise authorized or permitted) to
participate directly in any negotiation of any agreement authorized by
this chapter.
(Pub. L. 97-446, title III, 306, Jan. 12, 1983, 96 Stat. 2356; Pub.
L. 100-204, title III, 307(a), (b), Dec. 22, 1987, 101 Stat. 1380.)
The Federal Advisory Committee Act, referred to in subsec. (h), is
Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set
out in the Appendix to Title 5, Government Organization and Employees.
1987 -- Subsec. (b)(3)(A). Pub. L. 100-204, 307(a), amended subpar.
(A) generally. Prior to amendment, subpar. (A) read as follows:
''Members of the Committee shall be appointed for terms of two years and
may be reappointed for 1 or more terms.''
Subsec. (b)(3)(B). Pub. L. 100-204, 307(b), amended subpar. (B)
generally. Prior to amendment, subpar. (B) read as follows: ''A
vacancy in the Commission shall be filled in the same manner in which
the original appointment was made.''
Section 307(c) of Pub. L. 100-204 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to members of
the Cultural Property Advisory Committee first appointed after the date
of enactment of this Act (Dec. 22, 1987).''
For delegation of certain functions of President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note
under section 2602 of this title.
/1/ So in original. Probably should be ''Committee''.
19 USC 2606. Import restrictions
TITLE 19 -- CUSTOMS DUTIES
(a) Documentation of lawful exportation
No designated archaeological or ethnological material that is
exported (whether or not such exportation is to the United States) from
the State Party after the designation of such material under section
2604 of this title may be imported into the United States unless the
State Party issues a certification or other documentation which
certifies that such exportation was not in violation of the laws of the
State Party.
(b) Customs action in absence of documentation
If the consignee of any designated archaeological or ethnological
material is unable to present to the customs officer concerned at the
time of making entry of such material --
(1) the certificate or other documentation of the State Party
required under subsection (a) of this section; or
(2) satisfactory evidence that such material was exported from the
State Party --
(A) not less than ten years before the date of such entry and that
neither the person for whose account the material is imported (or any
related person) contracted for or acquired an interest, directly or
indirectly, in such material more than one year before that date of
entry, or
(B) on or before the date on which such material was designated under
section 2604 of this title,
the customs officer concerned shall refuse to release the material
from customs custody and send it to a bonded warehouse or store to be
held at the risk and expense of the consignee, notwithstanding any other
provision of law, until such documentation or evidence is filed with
such officer. If such documentation or evidence is not presented within
ninety days after the date on which such material is refused release
from customs custody, or such longer period as may be allowed by the
Secretary for good cause shown, the material shall be subject to seizure
and forfeiture. The presentation of such documentation or evidence
shall not bar subsequent action under section 2609 of this title.
(c) ''Satisfactory evidence'' defined
The term ''satisfactory evidence'' means --
(1) for purposes of subsection (b)(2)(A) of this section --
(A) one or more declarations under oath by the importer, or the
person for whose account the material is imported, stating that, to the
best of his knowledge --
(i) the material was exported from the State Party not less than ten
years before the date of entry into the United States, and
(ii) neither such importer or person (or any related person)
contracted for or acquired an interest, directly or indirectly, in such
material more than one year before the date of entry of the material;
and
(B) a statement provided by the consignor, or person who sold the
material to the importer, which states the date, or, if not known, his
belief, that the material was exported from the State Party not less
than ten years before the date of entry into the United States, and the
reasons on which the statement is based; and
(2) for purposes of subsection (b)(2)(B) of this section --
(A) one or more declarations under oath by the importer or the person
for whose account the material is to be imported, stating that, to the
best of his knowledge, the material was exported from the State Party on
or before the date such material was designated under section 2604 of
this title, and
(B) a statement by the consignor or person who sold the material to
the importer which states the date, or if not known, his belief, that
the material was exported from the State Party on or before the date
such material was designated under section 2604 of this title, and the
reasons on which the statement is based.
(d) Related persons
For purposes of subsections (b) and (c) of this section, a person
shall be treated as a related person to an importer, or to a person for
whose account material is imported, if such person --
(1) is a member of the same family as the importer or person of
account, including, but not limited to, membership as a brother or
sister (whether by whole or half blood), spouse, ancestor, or lineal
descendant;
(2) is a partner or associate with the importer or person of account
in any partnership, association, or other venture; or
(3) is a corporation or other legal entity in which the importer or
person of account directly or indirectly owns, controls, or holds power
to vote 20 percent or more of the outstanding voting stock or shares in
the entity.
(Pub. L. 97-446, title III, 307, Jan. 12, 1983, 96 Stat. 2358.)
For delegation of certain functions of President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note
under section 2602 of this title.
19 USC 2607. Stolen cultural property
TITLE 19 -- CUSTOMS DUTIES
No article of cultural property documented as appertaining to the
inventory of a museum or religious or secular public monument or similar
institution in any State Party which is stolen from such institution
after the effective date of this chapter, or after the date of entry
into force of the Convention for the State Party, whichever date is
later, may be imported into the United States.
(Pub. L. 97-446, title III, 308, Jan. 12, 1983, 96 Stat. 2360.)
For the effective date of this chapter, referred to in text, see
section 315 of Pub. L. 97-446, set out as an Effective Date note under
section 2601 of this title.
19 USC 2608. Temporary disposition of materials and articles subject
to this chapter
TITLE 19 -- CUSTOMS DUTIES
Pending a final determination as to whether any archaeological or
ethnological material, or any article of cultural property, has been
imported into the United States in violation of section 2606 of this
title or section 2607 of this title, the Secretary shall, upon
application by any museum or other cultural or scientific institution in
the United States which is open to the public, permit such material or
article to be retained at such institution if he finds that --
(1) sufficient safeguards will be taken by the institution for the
protection of such material or article; and
(2) sufficient bond is posted by the institution to ensure its return
to the Secretary.
(Pub. L. 97-446, title III, 309, Jan. 12, 1983, 96 Stat. 2360.)
19 USC 2609. Seizure and forfeiture
TITLE 19 -- CUSTOMS DUTIES
(a) In general
Any designated archaeological or ethnological material or article of
cultural property, as the case may be, which is imported into the United
States in violation of section 2606 of this title or section 2607 of
this title shall be subject to seizure and forfeiture. All provisions
of law relating to seizure, forfeiture, and condemnation for violation
of the customs laws shall apply to seizures and forfeitures incurred, or
alleged to have been incurred, under this chapter, insofar as such
provisions of law are applicable to, and not inconsistent with, the
provisions of this chapter.
(b) Archaeological and ethnological material
Any designated archaeological or ethnological material which is
imported into the United States in violation of section 2606 of this
title and which is forfeited to the United States under this chapter
shall --
(1) first be offered for return to the State Party;
(2) if not returned to the State Party, be returned to a claimant
with respect to whom the material was forfeited if that claimant
establishes --
(A) valid title to the material,
(B) that the claimant is a bona fide purchaser for value of the
material; or
(3) if not returned to the State Party under paragraph (1) or to a
claimant under paragraph (2), be disposed of in the manner prescribed by
law for articles forfeited for violation of the customs laws.
No return of material may be made under paragraph (1) or (2) unless
the State Party or claimant, as the case may be, bears the expenses
incurred incident to the return and delivery, and complies with such
other requirements relating to the return as the Secretary shall
prescribe.
(c) Articles of cultural property
(1) In any action for forfeiture under this section regarding an
article of cultural property imported into the United States in
violation of section 2607 of this title, if the claimant establishes
valid title to the article, under applicable law, as against the
institution from which the article was stolen, forfeiture shall not be
decreed unless the State Party to which the article is to be returned
pays the claimant just compensation for the article. In any action for
forfeiture under this section where the claimant does not establish such
title but establishes that it purchased the article for value without
knowledge or reason to believe it was stolen, forfeiture shall not be
decreed unless --
(A) the State Party to which the article is to be returned pays the
claimant an amount equal to the amount which the claimant paid for the
article, or
(B) the United States establishes that such State Party, as a matter
of law or reciprocity, would in similar circumstances recover and return
an article stolen from an institution in the United States without
requiring the payment of compensation.
(2) Any article of cultural property which is imported into the
United States in violation of section 2607 of this title and which is
forfeited to the United States under this chapter shall --
(A) first be offered for return to the State Party in whose territory
is situated the institution referred to in section 2607 of this title
and shall be returned if that State Party bears the expenses incident to
such return and delivery and complies with such other requirements
relating to the return as the Secretary prescribes; or
(B) if not returned to such State Party, be disposed of in the manner
prescribed by law for articles forfeited for violation of the customs
laws.
(Pub. L. 97-446, title III, 310, Jan. 12, 1983, 96 Stat. 2360.)
The customs laws, referred to in subsecs. (a), (b)(3), and
(c)(2)(B), are classified generally to this title.
Section 2607 of this title, referred to in subsec. (c)(1), was in
the original ''section 208'', and was translated as section 2607 of this
title, which is section 308 of Pub. L. 97-446, as the probable intent
of Congress.
19 USC 2610. Evidentiary requirements
TITLE 19 -- CUSTOMS DUTIES
Notwithstanding the provisions of section 1615 of this title, in any
forfeiture proceeding brought under this chapter in which the material
or article, as the case may be, is claimed by any person, the United
States shall establish --
(1) in the case of any material subject to the provisions of section
2606 of this title, that the material has been listed by the Secretary
in accordance with section 2604 of this title; and
(2) in the case of any article subject to section 2607 of this title,
that the article --
(A) is documented as appertaining to the inventory of a museum or
religious or secular public monument or similar institution in a State
Party, and
(B) was stolen from such institution after the effective date of this
chapter, or after the date of entry into force of the Convention for the
State Party concerned, whichever date is later.
(Pub. L. 97-446, title III, 311, Jan. 12, 1983, 96 Stat. 2361.)
For the effective date of this chapter, referred to in par. (2)(B),
see section 315 of Pub. L. 97-446, set out as an Effective Date note
under section 2601 of this title.
19 USC 2611. Certain material and articles exempt from this chapter
TITLE 19 -- CUSTOMS DUTIES
The provisions of this chapter shall not apply to --
(1) any archaeological or ethnological material or any article of
cultural property which is imported into the United States for temporary
exhibition or display if such material or article is immune from seizure
under judicial process pursuant to section 2459 of title 22; or
(2) any designated archaeological or ethnological material or any
article of cultural property imported into the United States if such
material or article --
(A) has been held in the United States for a period of not less than
three consecutive years by a recognized museum or religious or secular
monument or similar institution, and was purchased by that institution
for value, in good faith, and without notice that such material or
article was imported in violation of this chapter, but only if --
(i) the acquisition of such material or article has been reported in
a publication of such institution, any regularly published newspaper or
periodical with a circulation of at least fifty thousand, or a
periodical or exhibition catalog which is concerned with the type of
article or materials sought to be exempted from this chapter,
(ii) such material or article has been exhibited to the public for a
period or periods aggregating at least one year during such three-year
period, or
(iii) such article or material has been cataloged and the catalog
material made available upon request to the public for at least two
years during such three-year period;
(B) if subparagraph (A) does not apply, has been within the United
States for a period of not less than ten consecutive years and has been
exhibited for not less than five years during such period in a
recognized museum or religious or secular monument or similar
institution in the Unites /1/ States open to the public; or
(C) if subparagraphs (A) and (B) do not apply, has been within the
United States for a period of not less than ten consecutive years and
the State Party concerned has received or should have received during
such period fair notice (through such adequate and accessible
publication, or other means, as the Secretary shall by regulation
prescribe) of its location within the United States; and
(D) if none of the preceding subparagraphs apply, has been within the
United States for a period of not less than twenty consecutive years and
the claimant establishes that it purchased the material or article for
value without knowledge or reason to believe that it was imported in
violation of law.
(Pub. L. 97-446, title III, 312, Jan. 12, 1983, 96 Stat. 2362.)
/1/ So in original. Probably should be ''United''.
19 USC 2612. Regulations
TITLE 19 -- CUSTOMS DUTIES
The Secretary shall prescribe such rules and regulations as are
necessary and appropriate to carry out the provisions of this chapter.
(Pub. L. 97-446, title III, 313, Jan. 12, 1983, 96 Stat. 2363.)
19 USC 2613. Enforcement
TITLE 19 -- CUSTOMS DUTIES
In the customs territory of the United States, and in the Virgin
Islands, the provisions of this chapter shall be enforced by appropriate
customs officers. In any other territory or area within the United
States, but not within such customs territory or the Virgin Islands,
such provisions shall be enforced by such persons as may be designated
by the President.
(Pub. L. 97-446, title III, 314, Jan. 12, 1983, 96 Stat. 2363.)
For delegation of certain functions of President under this section,
see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note
under section 2602 of this title.
19 USC CHAPTER 15 -- CARIBBEAN BASIN ECONOMIC RECOVERY
TITLE 19 -- CUSTOMS DUTIES
Sec.
2701. Authority to grant duty-free treatment.
2702. Beneficiary country.
(a) Definitions; termination of designation.
(b) Countries eligible for designation as beneficiary countries;
conditions.
(c) Factors determining designation.
(d) Omitted.
(e) Withdrawal or suspension of duty-free treatment to specific
articles.
(f) Reporting requirements.
2703. Eligible articles.
(a) Growth, product, or manufacture of beneficiary countries.
(b) Articles to which duty-free treatment does not apply.
(c) Sugar and beef products; stable food production plan;
suspension of duty-free treatment; monitoring.
(d) Price-support program protection.
(e) Proclamations suspending duty-free treatment.
(f) Petitions to International Trade Commission.
(g) Fees not affected by proclamation.
(h) Duty reduction for certain leather-related products.
2704. International Trade Commission reports on impact of Caribbean
Basin Economic Recovery Program.
(a) Reporting requirement.
(b) Requisite areas of Commission assessment.
(c) Time of submission of reports; public participation.
2705. Impact study by Secretary of Labor.
2706. Effective date.
section 936.
19 USC 2701. Authority to grant duty-free treatment
TITLE 19 -- CUSTOMS DUTIES
The President may proclaim duty-free treatment for all eligible
articles from any beneficiary country in accordance with the provisions
of this chapter.
(Pub. L. 98-67, title II, 211, Aug. 5, 1983, 97 Stat. 384.)
This chapter, referred to in text, was in the original ''this title''
meaning title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384, which
is classified principally to this chapter. For complete classification
of title II to the Code, see Short Title note set out below and Tables.
Pub. L. 101-382, title II, 201, Aug. 20, 1990, 104 Stat. 655,
provided that: ''This title (enacting section 226 of Title 20,
Education, amending sections 1677, 2463, 2702, 2703, and 2706 of this
title and section 936 of Title 26, Internal Revenue Code, enacting
provisions set out as notes under this section and sections 1677, 2071,
and 2703 of this title and section 936 of Title 26, and amending
provisions set out as notes under section 2703 of this title) may be
cited as the 'Caribbean Basin Economic Recovery Expansion Act of
1990'.''
Section 201 of title II of Pub. L. 98-67 provided that: ''This
title (enacting this chapter, amending section 1202 of this title and
sections 274 and 7652 of Title 26, Internal Revenue Code, repealing
section 2582 of this title, and enacting provisions set out as notes
under sections 1319, 2251, and 2703 of this title, sections 274 and 7652
of Title 26, and section 1311 of Title 33, Navigation and Navigable
Waters) may be cited as the 'Caribbean Basin Economic Recovery Act'.''
Pub. L. 101-382, title II, 202, Aug. 20, 1990, 104 Stat. 655,
provided that: ''The Congress finds that --
''(1) a stable political and economic climate in the Caribbean region
is necessary for the development of the countries in that region and for
the security and economic interests of the United States;
''(2) the Caribbean Basin Economic Recovery Act (this chapter) was
enacted in 1983 to assist in the achievement of such a climate by
stimulating the development of the export potential of the region; and
''(3) the commitment of the United States to the successful
development of the region, as evidenced by the enactment of the
Caribbean Basin Economic Recovery Act, should be reaffirmed, and further
strengthened, by amending that Act to improve its operation.''
19 USC 2702. Beneficiary country
TITLE 19 -- CUSTOMS DUTIES
(a) Definitions; termination of designation
(1) For purposes of this chapter --
(A) The term ''beneficiary country'' means any country listed in
subsection (b) of this section with respect to which there is in effect
a proclamation by the President designating such country as a
beneficiary country for purposes of this chapter. Before the President
designates any country as a beneficiary country for purposes of this
chapter, he shall notify the House of Representatives and the Senate of
his intention to make such designation, together with the considerations
entering into such decision.
(B) The term ''entered'' means entered, or withdrawn from warehouse
for consumption, in the customs territory of the United States.
(C) The term ''HTS'' means Harmonized Tariff Schedule of the United
States.
(2) If the President has designated any country as a beneficiary
country for purposes of this chapter, he shall not terminate such
designation (either by issuing a proclamation for that purpose or by
issuing a proclamation which has the effect of terminating such
designation) unless, at least sixty days before such termination, he has
notified the House of Representatives and the Senate and has notified
such country of his intention to terminate such designation, together
with the considerations entering into such decision.
(b) Countries eligible for designation as beneficiary countries;
conditions
In designating countries as ''beneficiary countries'' under this
chapter the President shall consider only the following countries and
territories or successor political entities:
Anguilla
Jamaica
Antigua and Barbuda
Nicaragua
Bahamas, The
Panama
Barbados
Saint Lucia
Belize
Saint Vincent and the
Costa Rica Grenadines Dominica
Suriname
Dominican Republic
Trinidad and Tobago
El Salvador
Cayman Islands
Grenada
Montserrat
Guatemala
Netherlands Antilles
Guyana
Saint Christopher-Nevis
Haiti
Turks and Caicos Islands
Honduras
Virgin Islands, British
In addition, the President shall not designate any country a
beneficiary country under this chapter --
(1) if such country is a Communist country;
(2) if such country --
(A) has nationalized, expropriated or otherwise seized ownership or
control of property owned by a United States citizen or by a
corporation, partnership, or association which is 50 per centum or more
beneficially owned by United States citizens,
(B) has taken steps to repudiate or nullify --
(i) any existing contract or agreement with, or
(ii) any patent, trademark, or other intellectual property of,
a United States citizen or a corporation, partnership, or association
which is 50 per centum or more beneficially owned by United States
citizens, the effect of which is to nationalize, expropriate, or
otherwise seize ownership or control of property so owned, or
(C) has imposed or enforced taxes or other exactions, restrictive
maintenance or operational conditions, or other measures with respect to
property so owned, the effect of which is to nationalize, expropriate,
or otherwise seize ownership or control of such property, unless the
President determines that --
(i) prompt, adequate, and effective compensation has been or is being
made to such citizen, corporation, partnership, or association,
(ii) good-faith negotiations to provide prompt, adequate, and
effective compensation under the applicable provisions of international
law are in progress, or such country is otherwise taking steps to
discharge its obligations under international law with respect to such
citizen, corporation, partnership, or association, or
(iii) a dispute involving such citizen, corporation, partnership, or
association, over compensation for such a seizure has been submitted to
arbitration under the provisions of the Convention for the Settlement of
Investment Disputes, or in another mutually agreed upon forum, and
promptly furnishes a copy of such determination to the Senate and
House of Representatives;
(3) if such country fails to act in good faith in recognizing as
binding or in enforcing arbitral awards in favor of United States
citizens or a corporation, partnership or association which is 50 per
centum or more beneficially owned by United States citizens, which have
been made by arbitrators appointed for each case or by permanent
arbitral bodies to which the parties involved have submitted their
dispute;
(4) if such country affords preferential treatment to the products of
a developed country, other than the United States, which has, or is
likely to have, a significant adverse effect on United States commerce,
unless the President has received assurances satisfactory to him that
such preferential treatment will be eliminated or that action will be
taken to assure that there will be no such significant adverse effect,
and he reports those assurances to the Congress;
(5) if a government-owned entity in such country engages in the
broadcast of copyrighted material, including films or television
material, belonging to United States copyright owners without their
express consent;
(6) unless such country is a signatory to a treaty, convention,
protocol, or other agreement regarding the extradition of United States
citizens; and
(7) if such country has not or is not taking steps to afford
internationally recognized worker rights (as defined in section
2462(a)(4) of this title) to workers in the country (including any
designated zone in that country).
Paragraphs (1), (2), (3), (5), and (7) shall not prevent the
designation of any country as a beneficiary country under this Act if
the President determines that such designation will be in the national
economic or security interest of the United States and reports such
determination to the Congress with his reasons therefor.
(c) Factors determining designation
In determining whether to designate any country a beneficiary country
under this chapter, the President shall take into account --
(1) an expression by such country of its desire to be so designated;
(2) the economic conditions in such country, the living standards of
its inhabitants, and any other economic factors which he deems
appropriate;
(3) the extent to which such country has assured the United States it
will provide equitable and reasonable access to the markets and basic
commodity resources of such country;
(4) the degree to which such country follows the accepted rules of
international trade provided for under the General Agreement on Tariffs
and Trade, as well as applicable trade agreements approved under section
2503(a) of this title;
(5) the degree to which such country uses export subsidies or imposes
export performance requirements or local content requirements which
distort international trade;
(6) the degree to which the trade policies of such country as they
relate to other beneficiary countries are contributing to the
revitalization of the region;
(7) the degree to which such country is undertaking self-help
measures to promote its own economic development;
(8) whether or not such country has taken or is taking steps to
afford to workers in that country (including any designated zone in that
country) internationally recognized worker rights. /1/
(9) the extent to which such country provides under its law adequate
and effective means for foreign nationals to secure, exercise, and
enforce exclusive rights in intellectual property, including patent,
trademark, and copyright rights;
(10) the extent to which such country prohibits its nationals from
engaging in the broadcast of copyrighted material, including films or
television material, belonging to United States copyright owners without
their express consent; and
(11) the extent to which such country is prepared to cooperate with
the United States in the administration of the provisions of this
chapter.
(d) Omitted
(e) Withdrawal or suspension of duty-free treatment to specific
articles
(1) The President may, after the requirements of subsection (a)(2) of
this section and paragraph (2) have been met --
(A) withdraw or suspend the designation of any country as a
beneficiary country, or
(B) withdraw, suspend, or limit the application of duty-free
treatment under this chapter to any article of any country,
if, after such designation, the President determines that as a result
of changed circumstances such country would be barred from designation
as a beneficiary country under subsection (b) of this section.
(2)(A) The President shall publish in the Federal Register notice of
the action the President proposes to take under paragraph (1) at least
30 days prior to taking such action.
(B) The United States Trade Representative shall, within the 30-day
period beginning on the date on which the President publishes under
subparagraph (A) notice of proposed action --
(i) accept written comments from the public regarding such proposed
action,
(ii) hold a public hearing on such proposed action, and
(iii) publish in the Federal Register --
(I) notice of the time and place of such hearing prior to the
hearing, and
(II) the time and place at which such written comments will be
accepted.
(f) Reporting requirements
On or before October 1, 1993, and the close of each 3-year period
thereafter, the President shall submit to the Congress a complete report
regarding the operation of this chapter, including the results of a
general review of beneficiary countries based on the considerations
described in subsections (b) and (c) of this section.
(Pub. L. 98-67, title II, 212, Aug. 5, 1983, 97 Stat. 384; Pub. L.
99-570, title IX, 9002(b), Oct. 27, 1986, 100 Stat. 3207-166; Pub. L.
100-418, title I, 1214(q)(1), 1909(c), Aug. 23, 1988, 102 Stat. 1159,
1318; Pub. L. 101-382, title II, 213, 214, Aug. 20, 1990, 104 Stat.
656.)
This chapter, referred to in subsecs. (a) to (c) and (f), was in the
original ''this title'', meaning title II of Pub. L. 98-67, Aug. 5,
1983, 97 Stat. 384, which is classified principally to this chapter.
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(1)(C), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
This Act, referred to in provisions following subsec. (b)(6),
probably should be ''this title'' meaning title II of Pub. L. 98-67,
Aug. 5, 1983, 97 Stat. 384, which is classified principally to this
chapter. For complete classification of title II to the Code, see Short
Title note set out under section 2701 of this title and Tables.
This chapter, referred to in subsec. (e)(1)(B), was in the original
''this subtitle'', meaning subtitle A ( 211-218) of title II of Pub.
L. 98-67 which enacted this chapter, amended section 1202 of this title,
repealed section 2582 of this title, and enacted provisions set out as
notes under sections 1202, 1319, 2251, and 2703 of this title and
section 1311 of Title 33, Navigation and Navigable Waters. For complete
classification of subtitle A to the Code, see Tables.
Subsec. (d) of this section amended general headnote 3(a) of the
Tariff Schedules of the United States. The Tariff Schedules were
replaced by the Harmonized Tariff Schedule of the United States. See
References in Text note above.
1990 -- Subsec. (b). Pub. L. 101-382, 213(1)-(4), added par. (7)
and in concluding provisions substituted ''(5), and (7)'' for ''and
(5)''.
Subsec. (c)(8). Pub. L. 101-382, 213(5), amended par. (8)
generally. Prior to amendment, par. (8) read as follows: ''the degree
to which workers in such country are afforded reasonable workplace
conditions and enjoy the right to organize and bargain collectively;''.
Subsec. (f). Pub. L. 101-382, 214, added subsec. (f).
1988 -- Subsec. (a)(1)(C). Pub. L. 100-418, 1214(q)(1), substituted
''HTS'' and ''Harmonized Tariff Schedule of the United States'' for
''TSUS'' and ''Tariff Schedules of the United States'', respectively.
Subsec. (e). Pub. L. 100-418, 1909(c), amended subsec. (e)
generally. Prior to amendment, subsec. (e) read as follows: ''The
President shall, after complying with the requirements of subsection
(a)(2) of this section, withdraw or suspend the designation of any
country as a beneficiary country if, after such designation, he
determines that as the result of changed circumstances such country
would be barred from designation as a beneficiary country under
subsection (b) of this section.''
1986 -- Subsec. (b)(6), (7). Pub. L. 99-570 redesignated par. (7)
as (6) and struck out former par. (6) which provided that the President
shall not designate a country as a beneficiary country under this
chapter if the country does not take adequate steps to cooperate with
the United States to prevent narcotic drugs and other controlled
substances produced, processed, or transported in the country from
entering the United States unlawfully.
Amendment by section 1214(q)(1) of Pub. L. 100-418 effective Jan.
1, 1989, and applicable with respect to articles entered on or after
such date, see section 1217(b)(1) of Pub. L. 100-418, set out as an
Effective Date note under section 3001 of this title.
Section 1909(a), (b) of Pub. L. 100-418 provided that:
''(a) Findings. -- The Congress finds that --
''(1) Caribbean and Central American countries historically have had
close economic, political, and cultural ties to the United States;
''(2) promoting economic and political stability in the Caribbean and
Central America is in the national security interests of the United
States;
''(3) the economic and political stability of the nations of the
Caribbean and Central America can be strengthened significantly by the
attraction of foreign and domestic investment specifically devoted to
employment generation; and
''(4) the diversification of the economies and expansion of exports,
particularly those of a non-traditional nature, of the nations of the
Caribbean and Central America is linked directly to fair access to the
markets of the United States.
''(b) Intent of the Congress. -- The Congress hereby expresses its
intention to ensure that --
''(1) the trade elements of the Caribbean Basin Initiative be
strengthened in a manner consistent with the promotion of economic and
political stability in the Caribbean and Central America;
''(2) to the extent that Congress imposes changes that are intended
to improve the competitive environment for United States industry and
workers, such changes do not unduly affect the unilateral duty-free
trade system available to the beneficiary countries designated under the
Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.); and
''(3) generic changes in the trade laws of the United States do not
discriminate against imports from designated beneficiary countries in
relation to imports from other United States trading partners.''
/1/ So in original. The period probably should be a semicolon.
19 USC 2703. Eligible articles
TITLE 19 -- CUSTOMS DUTIES
(a) Growth, product, or manufacture of beneficiary countries
(1) Unless otherwise excluded from eligibility by this chapter, and
subject to section 423 of the Tax Reform Act of 1986, the duty-free
treatment provided under this chapter shall apply to any article which
is the growth, product, or manufacture of a beneficiary country if --
(A) that article is imported directly from a beneficiary country into
the customs territory of the United States; and
(B) the sum of (i) the cost or value of the materials produced in a
beneficiary country or two or more beneficiary countries, plus (ii) the
direct costs of processing operations performed in a beneficiary country
or countries is not less than 35 per centum of the appraised value of
such article at the time it is entered.
For purposes of determining the percentage referred to in
subparagraph (B), the term ''beneficiary country'' includes the
Commonwealth of Puerto Rico and the United States Virgin Islands. If
the cost or value of materials produced in the customs territory of the
United States (other than the Commonwealth of Puerto Rico) is included
with respect to an article to which this paragraph applies, an amount
not to exceed 15 per centum of the appraised value of the article at the
time it is entered that is attributed to such United States cost or
value may be applied toward determining the percentage referred to in
subparagraph (B).
(2) The Secretary of the Treasury shall prescribe such regulations as
may be necessary to carry out this subsection including, but not limited
to, regulations providing that, in order to be eligible for duty-free
treatment under this chapter, an article must be wholly the growth,
product, or manufacture of a beneficiary country, or must be a new or
different article of commerce which has been grown, produced, or
manufactured in the beneficiary country; but no article or material of
a beneficiary country shall be eligible for such treatment by virtue of
having merely undergone --
(A) simple combining or packaging operations, or
(B) mere dilution with water or mere dilution with another substance
that does not materially alter the characteristics of the article.
(3) As used in this subsection, the phrase ''direct costs of
processing operations'' includes, but is not limited to --
(A) all actual labor costs involved in the growth, production,
manufacture, or assembly of the specific merchandise, including fringe
benefits, on-the-job training and the cost of engineering, supervisory,
quality control, and similar personnel; and
(B) dies, molds, tooling, and depreciation on machinery and equipment
which are allocable to the specific merchandise.
Such phrase does not include costs which are not directly
attributable to the merchandise concerned or are not costs of
manufacturing the product, such as (i) profit, and (ii) general expenses
of doing business which are either not allocable to the specific
merchandise or are not related to the growth, production, manufacture,
or assembly of the merchandise, such as administrative salaries,
casualty and liability insurance, advertising, and salesmen's salaries,
commissions or expenses.
(4) Notwithstanding section 1311 of this title, the products of a
beneficiary country which are imported directly from any beneficiary
country into Puerto Rico may be entered under bond for processing or use
in manufacturing in Puerto Rico. No duty shall be imposed on the
withdrawal from warehouse of the product of such processing or
manufacturing if, at the time of such withdrawal, such product meets the
requirements of paragraph (1)(B).
(5) The duty-free treatment provided under this chapter shall apply
to an article (other than an article listed in subsection (b) of this
section) which is the growth, product, or manufacture of the
Commonwealth of Puerto Rico if --
(A) the article is imported directly from the beneficiary country
into the customs territory of the United States,
(B) the article was by any means advanced in value or improved in
condition in a beneficiary country, and
(C) if any materials are added to the article in a beneficiary
country, such materials are a product of a beneficiary country or the
United States.
(b) Articles to which duty-free treatment does not apply
The duty-free treatment provided under this chapter shall not apply
to --
(1) textile and apparel articles which are subject to textile
agreements;
(2) footwear not designated at the time of the effective date of this
chapter (Aug. 5, 1983) as eligible articles for the purpose of the
generalized system of preferences under title V of the Trade Act of 1974
(19 U.S.C. 2461 et seq.);
(3) tuna, prepared or preserved in any manner, in airtight
containers;
(4) petroleum, or any product derived from petroleum, provided for in
headings 2709 and 2710 of the Harmonized Tariff Schedule of the United
States;
(5) watches and watch parts (including cases, bracelets and straps),
of whatever type including, but not limited to, mechanical, quartz
digital or quartz analog, if such watches or watch parts contain any
material which is the product of any country with respect to which HTS
column 2 rates of duty apply; or
(6) articles to which reduced rates of duty apply under subsection
(h) of this section.
(c) Sugar and beef products; stable food production plan;
suspension of duty-free treatment; monitoring
(1) As used in this subsection --
(A) The term ''sugar and beef products'' means --
(i) sugars, sirups, and molasses provided for in subheadings
1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40,
and 2106.90.10 of the Harmonized Tariff Schedule of the United States,
and
(ii) articles of beef or veal, however provided for in chapters 2 and
16 of the Harmonized Tariff Schedule of the United States.
(B) The term ''Plan'' means a stable food production plan that
consists of measures and proposals designed to ensure that the present
level of food production in, and the nutritional level of the population
of, a beneficiary country will not be adversely affected by changes in
land use and land ownership that will result if increased production of
sugar and beef products is undertaken in response to the duty-free
treatment extended under this chapter to such products. A Plan must
specify such facts regarding, and such proposed actions by, a
beneficiary country as the President deems necessary for purposes of
carrying out this subsection, including but not limited to --
(i) the current levels of food production and nutritional health of
the population;
(ii) current level of production and export of sugar and beef
products;
(iii) expected increases in production and export of sugar and beef
products as a result of the duty-free access to the United States market
provided under this chapter;
(iv) measures to be taken to ensure that the expanded production of
those products because of such duty-free access will not occur at the
expense of stable food production; and
(v) proposals for a system to monitor the impact of such duty-free
access on stable food production and land use and land ownership
patterns.
(2) Duty-free treatment extended under this chapter to sugar and beef
products that are the product of a beneficiary country shall be
suspended by the President under this subsection if --
(A) the beneficiary country, within the ninety-day period beginning
on the date of its designation as such a country under section 2702 of
this title, does not submit a Plan to the President for evaluation;
(B) on the basis of his evaluation, the President determines that the
Plan of a beneficiary country does not meet the criteria set forth in
paragraph (1)(B); or
(C) as a result of the monitoring of the operation of the Plan under
paragraph (5), the President determines that a beneficiary country is
not making a good faith effort to implement its Plan, or that the
measures and proposals in the Plan, although being implemented, are not
achieving their purposes.
(3) Before the President suspends duty-free treatment by reason of
paragraph (2)(A), (B), or (C) to the sugar and beef products of a
beneficiary country, he must offer to enter into consultation with the
beneficiary country for purposes of formulating appropriate remedial
action which may be taken by that country to avoid such suspension. If
the beneficiary country thereafter enters into consultation within a
reasonable time and undertakes to formulate remedial action in good
faith, the President shall withhold the suspension of duty-free
treatment on the condition that the remedial action agreed upon be
appropriately implemented by that country.
(4) The President shall monitor on a biennial basis the operation of
the Plans implemented by beneficiary countries, and shall submit a
written report to Congress by March 15 following the close of each
biennium, that --
(A) specifies the extent to which each Plan, and remedial actions, if
any, agreed upon under paragraph (4), have been implemented; and
(B) evaluates the results of such implementation.
(5) The President shall terminate any suspension of duty-free
treatment imposed under this subsection if he determines that the
beneficiary country has taken appropriate action to remedy the factors
on which the suspension was based.
(d) Price-support program protection
For such period as there is in effect a proclamation issued by the
President pursuant to the authority vested in him by section 624 of
title 7 to protect a price-support program for sugar beets and sugar
cane, the importation and duty-free treatment of sugars, sirups, and
molasses classified under subheadings 1701.11.00, 1701.12.00,
1701.91.20, 1701.99.00, 1702.90.30, 1806.10.40, and 2106.90.10 of the
Harmonized Tariff Schedule of the United States shall be governed in the
following manner:
(1)(A) For all beneficiary countries, except those subject to
subparagraph (B) and paragraph (2), duty-free treatment shall be
provided in the same manner as it is provided pursuant to title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.), at the time of the effective
date of this chapter; except that the President upon the recommendation
of the Secretary of Agriculture, may suspend or adjust upward the value
limitation provided for in section 504(c)(1) of the Trade Act of 1974
(19 U.S.C. 2464(c)(1)) on the duty-free treatment afforded to
beneficiary countries under this section if he finds that such
adjustment will not interfere with the price support program for sugar
beets and sugar cane and is appropriate in light of market conditions.
(B) As an alternative to subparagraph (A), the President may at the
request of a beneficiary country not subject to paragraph (2) and upon
the recommendation of the Secretary of Agriculture, elect to permit
sugar, sirups, and molasses from that country to enter duty-free during
a calendar year subject to quantitative limitations to be established by
the President on the quantity of sugar, sirups, and molasses entered
from that country.
(2) For the following countries whose exports of sugar, sirups, and
molasses in 1981 were not eligible for duty-free treatment because of
the operation of section 504(c) of the Trade Act of 1974 (19 U.S.C.
2464(c)), the quantity of sugar, sirups, and molasses which may be
entered in any calendar year shall be limited to no more than the
quantity specified below:
Metric tons:
Dominican Republic 780,000
Guatemala 210,000
Panama 160,000
Such sugar, sirups, and molasses shall be admitted free of duty,
except as provided for in paragraph (3).
(3) The President, upon the recommendation of the Secretary of
Agriculture, may suspend or adjust upward the quantitative limitations
imposed under paragraph (1)(B) or (2) if he determines such action will
not interfere with the price support program for sugar beets and sugar
cane and is appropriate in light of market conditions. The President,
upon the recommendation of the Secretary of Agriculture, may suspend the
duty-free treatment for all or part of the quantity of sugar, sirups,
and molasses permitted to be entered by paragraphs (1)(B) and (2) if
such action is necessary to protect the price-support program for sugar
beets and sugar cane.
(4) Any quantitative limitation imposed on a beneficiary country
under paragraphs (1)(B) and (2) shall apply only to the extent that such
limitation permits a lesser quantity of sugar, sirups, and molasses to
be entered from that country than the quantity that would be permitted
to be entered under any other provision of law.
(e) Proclamations suspending duty-free treatment
(1) The President may by proclamation suspend the duty-free treatment
provided by this chapter with respect to any eligible article and may
proclaim a duty rate for such article if such action is provided under
chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.)
or section 1862 of this title.
(2) In any report by the International Trade Commission to the
President under section 202(f) of the Trade Act of 1974 (19 U.S.C.
2252(f)) regarding any article for which duty-free treatment has been
proclaimed by the President pursuant to this chapter, the Commission
shall state whether and to what extent its findings and recommendations
apply to such article when imported from beneficiary countries.
(3) For purposes of subsections /1/ section 203 of the Trade Act of
1974 (19 U.S.C. 2253(a), (c)), the suspension of the duty-free treatment
provided by this chapter shall be treated as an increase in duty.
(4) No proclamation which provides solely for a suspension referred
to in paragraph (3) of this subsection with respect to any article shall
be taken under section 203 of the Trade Act of 1974 (19 U.S.C. 2253)
unless the United States International Trade Commission, in addition to
making an affirmative determination with respect to such article under
section 202(b) of the Trade Act of 1974 (19 U.S.C. 2252(b)), determines
in the course of its investigation under such section that the serious
injury (or threat thereof) substantially caused by imports to the
domestic industry producing a like or directly competitive article
results from the duty-free treatment provided by this chapter.
(5)(A) Any action taken under section 203 of the Trade Act of 1974
(19 U.S.C. 2253) that is in effect when duty-free treatment pursuant to
section 2701 /2/ of this title is proclaimed shall remain in effect
until modified or terminated.
(B) If any article is subject to any such action at the time
duty-free treatment is proclaimed pursuant to section 2701 of this
title, the President may reduce or terminate the application of such
action to the importation of such article from beneficiary countries
prior to the otherwise scheduled date on which such reduction or
termination would occur pursuant to the criteria and procedures of
section 203 of the Trade Act of 1974 (19 U.S.C. 2253).
(f) Petitions to International Trade Commission
(1) If a petition is filed with the International Trade Commission
pursuant to the provisions of section 201 of the Trade Act of 1974 (19
U.S.C. 2251) regarding a perishable product and alleging injury from
imports from beneficiary countries, then the petition may also be filed
with the Secretary of Agriculture with a request that emergency relief
be granted pursuant to paragraph (3) of this subsection with respect to
such article.
(2) Within fourteen days after the filing of a petition under
paragraph (1) of this subsection --
(A) if the Secretary of Agriculture has reason to believe that a
perishable product from a beneficiary country is being imported into the
United States in such increased quantities as to be a substantial cause
of serious injury, or the threat thereof, to the domestic industry
producing a perishable product like or directly competitive with the
imported product and that emergency action is warranted, he shall advise
the President and recommend that the President take emergency action;
or
(B) the Secretary of Agriculture shall publish a notice of his
determination not to recommend the imposition of emergency action and so
advise the petitioner.
(3) Within seven days after the President receives a recommendation
from the Secretary of Agriculture to take emergency action pursuant to
paragraph (2) of this subsection, he shall issue a proclamation
withdrawing the duty-free treatment provided by this chapter or publish
a notice of his determination not to take emergency action.
(4) The emergency action provided by paragraph (3) of this subsection
shall cease to apply --
(A) upon the taking of action under section 203 of the Trade Act of
1974 (19 U.S.C. 2253),
(B) on the day a determination by the President not to take action
/1/ under section 203 of such Act (19 U.S.C. 2253) not to take action
/1/ becomes final,
(C) in the event of a report of the United States International Trade
Commission containing a negative finding, on the day the Commission's
report is submitted to the President, or
(D) whenever the President determines that because of changed
circumstances such relief is no longer warranted.
(5) For purposes of this subsection, the term ''perishable product''
means --
(A) live plants and fresh cut flowers provided for in chapter 6 of
the HTS;
(B) fresh or chilled vegetables provided for in headings 0701 through
0709 (except subheading 0709.52.00) and heading 0714 of the HTS;
(C) fresh fruit provided for in subheadings 0804.20 through 0810.90
(except citrons of subheading 0805.90.00, tamarinds and kiwi fruit of
subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas,
soursops and sweetsops of subheading 0810.90.40) of the HTS; and
(D) concentrated citrus fruit juice provided for in subheadings
2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the
HTS.
(g) Fees not affected by proclamation
No proclamation issued pursuant to this chapter shall affect fees
imposed pursuant to section 624 of title 7.
(h) Duty reduction for certain leather-related products
(1) Subject to paragraph (2), the President shall proclaim reductions
in the rates of duty on handbags, luggage, flat goods, work gloves, and
leather wearing apparel that --
(A) are the product of any beneficiary country; and
(B) were not designated on August 5, 1983, as eligible articles for
purposes of the generalized system of preferences under title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.).
(2) The reduction required under paragraph (1) in the rate of duty on
any article shall --
(A) result in a rate that is equal to 80 percent of the rate of duty
that applies to the article on December 31, 1991, except that, subject
to the limitations in paragraph (3), the reduction may not exceed 2.5
percent ad valorem; and
(B) be implemented in 5 equal annual stages with the first one-fifth
of the aggregate reduction in the rate of duty being applied to entries,
or withdrawals from warehouse for consumption, of the article on or
after January 1, 1992.
(3) The reduction required under this subsection with respect to the
rate of duty on any article is in addition to any reduction in the rate
of duty on that article that may be proclaimed by the President as being
required or appropriate to carry out any trade agreement entered into
under the Uruguay Round of trade negotiations; except that if the
reduction so proclaimed --
(A) is less than 1.5 percent ad valorem, the aggregate of such
proclaimed reduction and the reduction under this subsection may not
exceed 3.5 percent ad valorem, or
(B) is 1.5 percent ad valorem or greater, the aggregate of such
proclaimed reduction and the reduction under this subsection may not
exceed the proclaimed reduction plus 1 percent ad valorem.
(Pub. L. 98-67, title II, 213, Aug. 5, 1983, 97 Stat. 387; Pub. L.
98-573, title II, 235, Oct. 30, 1984, 98 Stat. 2992; Pub. L. 99-514,
title IV, 423(f)(2), title XVIII, 1890, Oct. 22, 1986, 100 Stat. 2232,
2926; Pub. L. 100-418, title I, 1214(q)(2), 1401(b)(2), Aug. 23,
1988, 102 Stat. 1159, 1239; Pub. L. 100-647, title IX, 9001(a)(14),
Nov. 10, 1988, 102 Stat. 3808; Pub. L. 101-382, title II, 212,
215(a), Aug. 20, 1990, 104 Stat. 655, 657.)
Section 423 of the Tax Reform Act of 1986, referred to in subsec.
(a)(1), is section 423 of Pub. L. 99-514, title IV, Oct. 22, 1986, 100
Stat. 2230, which amended this section and General Headnote 3(a)(i) of
the Tariff Schedules of the United States formerly set out under section
1202 of this title, and enacted provisions set out as a note below.
The Trade Act of 1974, referred to in subsecs. (b)(2), (d)(1)(A),
(e)(1), and (h)(1)(B), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
1978, as amended. Chapter 1 of title II of the Trade Act of 1974 is
classified generally to part 1 ( 2251 et seq.) of subchapter II of
chapter 12 of this title. Title V of the Trade Act of 1974 is
classified generally to subchapter V ( 2461 et seq.) of chapter 12 of
this title. For complete classification of this Act to the Code, see
section 2101 of this title and Tables.
The Harmonized Tariff Schedule of the United States, referred to in
subsecs. (b)(4), (c)(1)(A), and (d), is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out under section
1202 of this title.
Section 2701 of this title, referred to in subsec. (e)(5)(A), was in
the original ''section 101 of this title'' which has been translated as
the probable intent of Congress as meaning section 211 of this title.
1990 -- Subsec. (a)(5). Pub. L. 101-382, 215(a), added par. (5).
Subsec. (b)(2). Pub. L. 101-382, 212(b)(1), struck out '', handbags,
luggage, flat goods, work gloves, and leather wearing apparel'' after
''footwear''.
Subsec. (b)(6). Pub. L. 101-382, 212(b)(2)-(4), added par. (6).
Subsec. (h). Pub. L. 101-382, 212(a), added subsec. (h).
1988 -- Subsec. (b)(4). Pub. L. 100-418, 1214(q)(2)(A)(i),
substituted ''headings 2709 and 2710 of the Harmonized Tariff Schedule
of the United States'' for ''part 10 of schedule 4 of the TSUS''.
Subsec. (b)(5). Pub. L. 100-418, 1214(q)(2)(A)(ii), substituted
''HTS'' for ''TSUS''.
Subsec. (c)(1)(A)(i). Pub. L. 100-418, 1214(q)(2)(B)(i), substituted
''subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00,
1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule
of the United States'' for ''items 155.20 and 155.30 of the TSUS''.
Subsec. (c)(1)(A)(ii). Pub. L. 100-418, 1214(q)(2)(B)(ii),
substituted ''chapters 2 and 16 of the Harmonized Tariff Schedule of the
United States'' for ''subpart B of part 2 of schedule 1 of the TSUS''.
Subsec. (d). Pub. L. 100-418, 1214(q)(2)(C), substituted
''subheadings 1701.11.00, 1701.12.00, 1701.91.20, 1701.99.00,
1702.90.30, 1806.10.40, and 2106.90.10 of the Harmonized Tariff Schedule
of the United States'' for ''items 155.20 and 155.30 of the TSUS''.
Subsec. (e)(1). Pub. L. 100-418, 1401(b)(2)(A), substituted
''provided under chapter 1 of title II'' for ''proclaimed pursuant to
section 203''.
Subsec. (e)(2). Pub. L. 100-418, 1401(b)(2)(B), substituted
''section 202(f)'' for ''section 201(d)(1)''.
Subsec. (e)(3). Pub. L. 100-418, 1401(b)(2)(C), substituted
''section 203'' for ''(a) and (c) of section 203''.
Subsec. (e)(4). Pub. L. 100-418, 1401(b)(2)(D), substituted ''taken
under section 203'' for ''made under subsections (a) and (c) of section
203'', ''under section 202(b) of the Trade Act of 1974'' for ''under
section 201(b) of the Trade Act of 1974'', and ''under such section''
for ''under section 201(b) of such Act''.
Subsec. (e)(5)(A). Pub. L. 100-418, 1401(b)(2)(E)(i), substituted
''action taken under section 203'' for ''proclamation issued pursuant to
section 203''.
Subsec. (e)(5)(B). Pub. L. 100-418, 1401(b)(2)(E)(ii), substituted
''to any such action'' for ''to import relief'', ''such action'' for
''such import relief'', and ''section 203'' for ''subsections (h) and
(i) of section 203''.
Subsec. (f)(4)(A). Pub. L. 100-418, 1401(b)(2)(F)(i), substituted
''taking of action under section 203'' for ''proclamation of import
relief pursuant to section 202(a)(1)''.
Subsec. (f)(4)(B). Pub. L. 100-418, 1401(b)(2)(F)(ii), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: ''on the day the President makes a determination pursuant to
section 203(b)(2) of such Act (19 U.S.C. 2253(b)(2)) not to impose
import relief,''.
Subsec. (f)(5)(A). Pub. L. 100-418, 1214(q)(2)(D)(i), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: ''live plants provided for in subpart A of part 6 of schedule
1 of the TSUS;''.
Subsec. (f)(5)(B). Pub. L. 100-418, 1214(q)(2)(D)(ii), substituted
''headings 0701 through 0709 (except subheading 0709.52.00) and heading
0714 of the HTS'' for ''items 135.10 through 138.46 of the TSUS''.
Subsec. (f)(5)(C). Pub. L. 100-418, 1214(q)(2)(D)(iv), as amended by
Pub. L. 100-647, 9001(a)(14), redesignated subpar. (D) as (C) and
substituted ''subheadings 0804.20 through 0810.90 (except citrons of
subheading 0805.90.00, tamarinds and kiwi fruit of subheading
0810.90.20, and cashew apples, mameyes colorados, sapodillas, soursops
and sweetsops of subheading 0810.90.40) of the HTS; and'' for ''items
146.10, 146.20, 146.30, 146.50 through 146.62, 146.90, 146.91, 147.03
through 147.33, 147.50 through 149.21 and 149.50 of the TSUS;''.
Pub. L. 100-418, 1214(q)(2)(D)(iii), struck out subpar. (C) ''fresh
mushrooms provided for in item 144.10 of the TSUS;''.
Subsec. (f)(5)(D). Pub. L. 100-418, 1214(q)(2)(D)(vi), as amended by
Pub. L. 100-647, 9001(a)(14)(C), redesignated subpar. (F) as (D) and
substituted ''subheading 2009.11.00, 2009.19.40, 2009.30.20, and
2009.30.60 of the HTS'' for ''item 165.35 of the TSUS''. Former subpar.
(D) redesignated (C).
Subsec. (f)(5)(E). Pub. L. 100-418, 1214(q)(2)(D)(v), struck out
subpar. (E) ''fresh cut flowers provided for in items 192.17, 192.18,
and 192.21 of the TSUS; and''.
Subsec. (f)(5)(F). Pub. L. 100-418, 1214(q)(2)(D)(vi), as amended by
Pub. L. 100-647, 9001(a)(14)(C), redesignated subpar. (F) as (D).
1986 -- Subsec. (a)(1). Pub. L. 99-514, 423(f)(2), inserted ''and
subject to section 423 of the Tax Reform Act of 1986,''.
Subsec. (a)(3), (4). Pub. L. 99-514, 1890(1), redesignated par.
(3) relating to products of a beneficiary country imported directly into
Puerto Rico as (4), realigned the margins, and substituted ''any
beneficiary'' for ''such''.
Subsec. (f)(5)(B). Pub. L. 99-514, 1890(2), substituted ''138.46''
for ''138.42''.
1984 -- Subsec. (a)(3). Pub. L. 98-573 added par. (3) relating to
products of a beneficiary country imported directly from such country
into Puerto Rico.
Section 215(b) of Pub. L. 101-382 provided that:
''(1) The amendment made by subsection (a) (amending this section)
shall apply with respect to articles entered, or withdrawn from
warehouse for consumption, on or after October 1, 1990.
''(2) Notwithstanding section 514 of the Tariff Act of 1930 (19
U.S.C. 1514) or any other provision of law, upon proper request filed
with the appropriate customs officer after September 30, 1990, and
before April 1, 1991, any entry, or withdrawal from warehouse --
''(A) which was made after August 5, 1983, and before October 1,
1990, and with respect to which liquidation has not occurred before
October 1, 1990, and
''(B) with respect to which there would have been no duty, or a
lesser duty, if the amendment made by subsection (a) applied,
shall be liquidated as though such amendment applied to such entry or
withdrawal.''
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set
out as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
Amendment by section 1214(q)(2) of Pub. L. 100-418 effective Jan.
1, 1989, and applicable with respect to articles entered on or after
such date, see section 1217(b)(1) of Pub. L. 100-418, set out as an
Effective Date note under section 3001 of this title.
Amendment by section 1401(b)(2) of Pub. L. 100-418 effective Aug.
23, 1988, and applicable with respect to investigations initiated under
part 1 ( 2251 et seq.) of subchapter II of chapter 12 of this title on
or after that date, see section 1401(c) of Pub. L. 100-418, set out as
a note under section 2251 of this title.
Section 423(g) of Pub. L. 99-514 provided that:
''(1) The provisions of, and the amendments made by, this section
(other than subsection (e)) (amending this section and General Headnote
3(a)(i) of the Tariff Schedules of the United States formerly set out
under section 1202 of this title and enacting provisions set out as a
note below) shall apply to articles entered --
''(A) after December 31, 1986, and
''(B) before the expiration of the effective period of item 901.50 of
the Appendix to the Tariff Schedules of the United States (not
classified to the Code).
''(2) The provisions of subsection (e) (set out as a note below)
shall take effect on the date of the enactment of this Act (Oct. 22,
1986).''
Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of this title.
Section 423(a)-(c), (e) of Pub. L. 99-514, as amended by Pub. L.
100-418, title I, 1910(a), Aug. 23, 1988, 102 Stat. 1319; Pub. L.
101-221, 7(a), Dec. 12, 1989, 103 Stat. 1890, provided that:
''(a) In General. -- Except as provided in subsection (b), no ethyl
alcohol or a mixture thereof may be considered --
''(1) for purposes of general headnote 3(a) of the Tariff Schedules
of the United States (formerly set out under section 1202 of this
title), to be --
''(A) the growth or product of an insular possession of the United
States,
''(B) manufactured or produced in an insular possession from
materials which are the growth, product, or manufacture of any such
possession, or
''(C) otherwise eligible for exemption from duty under such headnote
as the growth or product of an insular possession; or
''(2) for purposes of section 213 of the Caribbean Basin Economic
Recovery Act (19 U.S.C. 2703), to be --
''(A) an article that is wholly the growth, product, or manufacture
of a beneficiary country,
''(B) a new or different article of commerce which has been grown,
produced, or manufactured in a beneficiary country,
''(C) a material produced in a beneficiary country, or
''(D) otherwise eligible for duty-free treatment under such Act (19
U.S.C. 2701 et seq.) as the growth, product, or manufacture of a
beneficiary country;
unless the ethyl alcohol or mixture thereof is an indigenous product
of that insular possession or beneficiary country.
''(b) Exception. --
''(1) Subject to the limitation in paragraph (2), subsection (a)
shall not apply to ethyl alcohol that is imported into the United States
during calendar years 1987, 1988, and 1989 and produced in --
''(A) an azeotropic distillation facility located in a beneficiary
country, if that facility was established before, and in operation on,
July 1, 1987,
''(B) an azeotropic distillation facility --
''(i) at least 50 percent of the total value of the equipment and
components of which were --
''(I) produced in the United States, and
''(II) owned by a corporation at least 50 percent of the
total value of the outstanding shares of stock of which were owned by a
United States person (or persons) on or before January 1, 1986, and
''(ii) substantially all of the equipment and components of which
were, on or before January 1, 1986 --
''(I) located in the United States under the possession or
control of such corporation,
''(II) ready for shipment to, and installation in, a
beneficiary country or an insular possession of the United States, and
''(iii) which --
''(I) has on the date of enactment of this Act (Oct. 22,
1986), or
''(II) will have at the time such facility is placed in
service (based on estimates made before the date of enactment of this
Act),
a stated capacity to produce not more than 42,000,000 gallons of
such product per year, or
''(C) a distillation facility operated by a corporation which, before
the date of enactment of the Omnibus Trade Act of 1987 (probably means
the Omnibus Trade and Competitiveness Act of 1988, Pub. L. 100-418,
which was approved Aug. 23, 1988) --
''(i) has completed engineering and design of a full-scale
fermentation facility in the United States Virgin Islands, and
''(ii) has obtained authorization from authorities of the United
States Virgin Islands to operate a full-scale fermentation facility.
''(2) The exception provided under paragraph (1) shall cease to apply
during each of calendar years 1987, 1988, and 1989 to ethyl alcohol
produced in a facility described in subparagraph (A), (B), or (C) of
paragraph (1) after 20,000,000 gallons of ethyl alcohol produced in that
facility are entered into the United States during that year.
''(c) Definitions. -- For purposes of this section (amending this
section and General Headnote 3(a)(i) of the Tariff Schedules of the
United States formerly set out under section 1202 of this title and
enacting provisions set out as notes under this section) --
''(1) The term 'ethyl alcohol or a mixture thereof' means (except for
purposes of subsection (e)) ethyl alcohol or any mixture thereof
described in item 901.50 of the Appendix to the Tariff Schedules of the
United States (not classified to the Code).
''(2) Ethyl alcohol or a mixture thereof that is produced by a
process of full fermentation in an insular possession or beneficiary
country shall be treated as being an indigenous product of that
possession or country.
''(3)(A) Ethyl alcohol and mixtures thereof that are only dehydrated
within an insular possession or beneficiary country (hereinafter in this
paragraph referred to as 'dehydrated alcohol and mixtures') shall be
treated as being indigenous products of that possession or country only
if the alcohol or mixture, when entered, meets the applicable local
feedstock requirement.
''(B) The local feedstock requirement with respect to any calendar
year is --
''(i) 0 percent with respect to the base quantity of dehydrated
alcohol and mixtures that is entered;
''(ii) 30 percent with respect to the 35,000,000 gallons of
dehydrated alcohol and mixtures next entered after the base quantity;
and
''(iii) 50 percent with respect to all dehydrated alcohol and
mixtures entered after the amount specified in clause (ii) is entered.
''(C) For purposes of this paragraph:
''(i) The term 'base quantity' means, with respect to dehydrated
alcohol and mixtures entered during any calendar year, the greater of --
''(I) 60,000,000 gallons; or
''(II) an amount (expressed in gallons) equal to 7 percent of the
United States domestic market for ethyl alcohol, as determined by the
United States International Trade Commission, during the 12-month period
ending on the preceding September 30;
that is first entered during that calendar year.
''(ii) The term 'local feedstock' means hydrous ethyl alcohol which
is wholly produced or manufactured in any insular possession or
beneficiary country.
''(iii) The term 'local feedstock requirement' means the minimum
percent, by volume, of local feedstock that must be included in
dehydrated alcohol and mixtures.
''(4) The term 'beneficiary country' has the meaning given to such
term under section 212 of the Caribbean Basin Economic Recovery Act (19
U.S.C. 2702).
''(5) The term 'United States person' has the meaning given to such
term by section 7701(a)(3) of the Internal Revenue Code of 1986 (26
U.S.C. 7701(a)(3)).
''(6) The term 'entered' means entered, or withdrawn from warehouse,
for consumption in the customs territory of the United States.
''(e) Drawbacks. --
''(1) For purposes of subsections (b) and (j)(2) of section 313 of
the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 1888(2)
of this Act, any ethyl alcohol (provided for in item 427.88 of the
Tariff Schedules of the United States (not classified to the Code)) or
mixture containing such ethyl alcohol (provided for in part 1, 2, or 10
of schedule 4 of such Schedules) which is subject to the additional duty
imposed by item 901.50 of the Appendix to such Schedules may be treated
as being fungible with, or of being of the same kind and quality as, any
other imported ethyl alcohol (provided for in item 427.88 of such
Schedules) or mixture containing such ethyl alcohol (provided for in
part 1, 2, or 10 of schedule 4 of such Schedules) only if such other
imported ethyl alcohol or mixture thereof is also subject to such
additional duty.
''(2) Paragraph (1) shall not apply with respect to ethyl alcohol
(provided for in item 427.88 of the Tariff Schedules of the United
States) or mixture containing such ethly (ethyl) alcohol (provided for
in part 1, 2, or 10 of schedule 4 of such Schedules) that is exempt from
the additional duty imposed by item 901.50 of the Appendix to such
Schedules by reason of --
''(A) subsection (b), or
''(B) any agreement entered into under section 102(b) of the Trade
Act of 1974 (19 U.S.C. 2112(b)).''
(Section 7(b) of Pub. L. 101-221, as amended by Pub. L. 101-382,
title II, 225, Aug. 20, 1990, 104 Stat. 660, provided that: ''The
amendments made by subsection (a) (amending section 423 of Pub. L.
99-514, set out above) shall apply with respect to calendar years after
1989.'')
For provisions directing that if any amendments made by subtitle A or
subtitle C of title XI ( 1101-1147 and 1171-1177) or title XVIII (
1801-1899A) of Pub. L. 99-514 require an amendment to any plan, such
plan amendment shall not be required to be made before the first plan
year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L.
99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
Measures; Presidential Authority; Report to Congress
Section 214(c) of Pub. L. 98-67, as amended Pub. L. 99-514, 2,
Oct. 22, 1986, 100 Stat. 2095, provided that: ''If the sum of the
amounts of taxes covered into the treasuries of Puerto Rico or the
United States Virgin Islands pursuant to section 7652(c) of the Internal
Revenue Code of 1986 (26 U.S.C. 7652(c)) is reduced below the amount
that would have been covered over if the imported rum had been produced
in Puerto Rico or the United States Virgin Islands, then the President
shall consider compensation measures and, in this regard, may withdraw
the duty-free treatment on rum provided by this title (this chapter).
The President shall submit a report to the Congress on the measures he
takes.''
/1/ So in original.
/2/ See References in Text note below.
19 USC 2704. International Trade Commission reports on impact of
Caribbean Basin Economic Recovery Program
TITLE 19 -- CUSTOMS DUTIES
(a) Reporting requirement
The United States International Trade Commission (hereinafter in this
section referred to as the ''Commission'') shall prepare, and submit to
the Congress and to the President, a report regarding the economic
impact of this Act on United States industries and consumers during --
(1) the twenty-four-month period beginning with August 5, 1983; and
(2) each calendar year occurring thereafter until duty-free treatment
under this chapter is terminated under section 2706(b) /1/
of this title.
For purposes of this section, industries in the Commonwealth of
Puerto Rico and the insular possessions of the United States shall be
considered to be United States industries.
(b) Requisite areas of Commission assessment
(1) Each report required under subsection (a) of this section shall
include, but not be limited to, an assessment by the Commission
regarding --
(A) the actual effect, during the period covered by the report, of
this Act on the United States economy generally as well as on those
specific domestic industries which produce articles that are like, or
directly competitive with, articles being imported into the United
States from beneficiary countries; and
(B) the probable future effect which this Act will have on the United
States economy generally, as well as on such domestic industries, before
the provisions of this Act terminate.
(2) In preparing the assessments required under paragraph (1), the
Commission shall, to the extent practicable --
(A) analyze the production, trade and consumption of United States
products affected by this Act, taking into consideration employment,
profit levels, and use of productive facilities with respect to the
domestic industries concerned, and such other economic factors in such
industries as it considers relevant, including prices, wages, sales,
inventories, patterns of demand, capital investment, obsolescence of
equipment, and diversification of production; and
(B) describe the nature and extent of any significant change in
employment, profit levels, and use of productive facilities, and such
other conditions as it deems relevant in the domestic industries
concerned, which it believes are attributable to this Act.
(c) Time of submission of reports; public participation
(1) Each report required under subsection (a) of this section shall
be submitted to the Congress and to the President before the close of
the nine-month period beginning on the day after the last day of the
period covered by the report.
(2) The Commission shall provide opportunity for the submission by
the public, either orally or in writing, or both, of information
relating to matters that will be addressed in the reports.
(Pub. L. 98-67, title II, 215, Aug. 5, 1983, 97 Stat. 393.)
This Act, referred to in subsecs. (a) and (b), probably should be
''this title'' meaning title II of Pub. L. 98-67, Aug. 5, 1983, 97
Stat. 384, which is classified principally to this chapter. For
complete classification of title II to the Code, see Short Title note
set out under section 2701 of this title and Tables.
Section 2706(b) of this title, referred to in subsec. (a)(2), was in
the original ''section 216(b)'' which is classified to section 2705 of
this title, but was translated as meaning section 218(b) as the probable
intent of Congress. Section 2706(b) was repealed by Pub. L. 101-382,
title II, 211, Aug. 20, 1990, 104 Stat. 655.
/1/ See References in Text note below.
19 USC 2705. Impact study by Secretary of Labor
TITLE 19 -- CUSTOMS DUTIES
The Secretary of Labor, in consulation /1/ with other appropriate
Federal agencies, shall undertake a continuing review and analysis of
the impact which the implementation of the provisions of this chapter
have with respect to United States labor; and shall make an annual
written report to Congress on the results of such review and analysis.
(Pub. L. 98-67, title II, 216, Aug. 5, 1983, 97 Stat. 394.)
/1/ So in original. Probably should be ''consultation''.
19 USC 2706. Effective date
TITLE 19 -- CUSTOMS DUTIES
(a) This chapter shall take effect on August 5, 1983.
(b) Repealed. Pub. L. 101-382, title II, 211, Aug. 20, 1990, 104
Stat. 655.
(Pub. L. 98-67, title II, 218, Aug. 5, 1983, 97 Stat. 395; Pub. L.
101-382, title II, 211, Aug. 20, 1990, 104 Stat. 655.)
This chapter, referred to in subsec. (a), was in the original ''this
subtitle'' meaning subtitle A ( 211-218) of title II of Pub. L. 98-67
which enacted this chapter, amended section 1202 of this title, repealed
section 2582 of this title, and enacted provisions set out as notes
under sections 1202, 1319, 2251, and 2703 of this title and section 1311
of Title 33, Navigation and Navigable Waters. For complete
classification of subtitle A to the Code, see Tables.
1990 -- Subsec. (b). Pub. L. 101-382 struck out subsec. (b) which
related to termination of duty-free treatment. Notwithstanding
directory language repealing ''section 218 of the Caribbean Basin
Economic Recovery Act (19 U.S.C. 2706(b))'', amendment was executed by
repealing subsec. (b) to reflect the probable intent of Congress in
view of catchline for section 211 of Pub. L. 101-382 which read
''Repeal of termination date on duty-free treatment under the Act''.
19 USC CHAPTER 16 -- WINE TRADE
TITLE 19 -- CUSTOMS DUTIES
Sec.
2801. Congressional findings and purposes.
2802. Definitions.
2803. Designation of major wine trading countries.
2804. Actions to reduce or eliminate tariff and nontariff barriers
affecting United States wine.
(a) Consultations with major wine trading countries.
(b) Reports to Congress on actions taken to expand export
opportunities.
(c) Enforcement of rights.
2805. Required consultations.
2806. United States wine export promotion.
19 USC 2801. Congressional findings and purposes
TITLE 19 -- CUSTOMS DUTIES
(a) Congress finds that --
(1) there is a substantial imbalance in international wine trade
resulting, in part, from the relative accessibility enjoyed by foreign
wines to the United States market while the United States wine industry
faces restrictive tariff and nontariff barriers in virtually every
existing or potential foreign market;
(2) the restricted access to foreign markets and the continued low
prices for United States wine and grape products adversely affect the
economic position of our Nation's winemakers and grape growers, as well
as all other domestic sectors that depend upon wine production;
(3) the competitive position of United States wine in international
trade has been weakened by foreign trade practices, high domestic
interest rates, and unfavorable foreign exchange rates;
(4) wine consumption per capita is very low in many major non-wine
producing markets and the demand potential for United States wine is
significant; and
(5) the United States winemaking industry has the capacity and the
ability to export substantial volumes of wine and an increase in United
States wine exports will create new jobs, improve this Nation's balance
of trade, and otherwise strengthen the national economy.
(b) The purposes of this chapter are --
(1) to provide wine consumers with the greatest possible choice of
wines from wine-producing countries;
(2) to encourage the initiation of an export promotion program to
develop, maintain, and expand foreign markets for United States wine;
and
(3) to achieve greater access to foreign markets for United States
wine and grape products through the reduction or elimination of tariff
barriers and nontariff barriers to (or other distortions of) trade in
wine.
(Pub. L. 98-573, title IX, 902, Oct. 30, 1984, 98 Stat. 3047.)
Section 901 of title IX of Pub. L. 98-573 provided that: ''This
title (enacting this chapter) may be cited as the 'Wine Equity and
Export Expansion Act of 1984'.''
19 USC 2802. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this chapter --
(1) The term ''Committees'' means the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate.
(2) The term ''grape product'' means grapes and any product (other
than wine) made from grapes, including, but not limited to, raisins and
grape juice, whether or not concentrated.
(3) The term ''major wine trading country'' means any foreign
country, or group of foreign countries, designated as such under section
2803 of this title.
(4) The phrase ''nontariff barrier to (or other distortion of)'', in
the context of trade in United States wine, includes any measure
implemented by the government of a major wine trading country that
either gives a competitive advantage to the wine industry of that
country or restricts the importation of United States wine into that
country.
(5) The term ''Trade Representative'' means the United States Trade
Representative.
(6) The term ''United States wine'' means wine produced within the
customs territory of the United States.
(7) The term ''wine'' means any fermented alcoholic beverage that --
(A) is made from grapes or other fruit;
(B) contains not less than 0.5 percent alcohol by volume and not more
than 24 percent alcohol by volume, including all dilutions and mixtures
thereof by whatever process produced; and
(C) is for nonindustrial use.
(Pub. L. 98-573, title IX, 903, Oct. 30, 1984, 98 Stat. 3048.)
19 USC 2803. Designation of major wine trading countries
TITLE 19 -- CUSTOMS DUTIES
(a) The Trade Representative shall designate as a major wine trading
country each foreign country, or group of foreign countries represented
as an economic union, that, in the judgment of the Trade Representative
--
(1) is a potential significant market for United States wine; and
(2) maintains tariff barriers or nontariff barriers to (or other
distortions of) trade in United States wine.
(b) In deciding, for purposes of subsection (a)(2) of this section,
whether a foreign country or group of countries maintains nontariff
barriers to (or other distortions of) trade in United States wine, the
Trade Representative shall take into account --
(1) the review and report required under section 854(a) of the Trade
Agreements Act of 1979 (19 U.S.C. 2135 note);
(2) such relevant actions that may have been taken by that country or
group since that review was conducted; and
(3) such information as may be submitted under section 2805 of this
title by representatives of the wine and grape products industries in
the United States, as well as other sources.
(Pub. L. 98-573, title IX, 904, Oct. 30, 1984, 98 Stat. 3048.)
Section 854(a) of the Trade Agreements Act of 1979, referred to in
subsec. (b)(1), is section 854(a) of Pub. L. 96-39, title VIII, July
26, 1979, 93 Stat. 294, which is set out as a note under section 2135
of this title.
19 USC 2804. Actions to reduce or eliminate tariff and nontariff
barriers affecting United States wine
TITLE 19 -- CUSTOMS DUTIES
(a) Consultations with major wine trading countries
The President shall direct the Trade Representative to enter into
consultations with each major wine trading country to seek a reduction
or elimination of that country's tariff barriers and nontariff barriers
to (or other distortions of) trade in United States wine.
(b) Reports to Congress on actions taken to expand export
opportunities
(1) the /1/ President shall notify each of the Committees regarding
the extent and effect of the efforts undertaken since the submission of
the report required under section 854(a) of the Trade Agreements Act of
1979 (19 U.S.C. 2135 note), and during the 12-month period beginning on
October 30, 1984, to expand opportunities in each major wine trading
country for exports of United States wine. Such notification, which
shall be in the form of a separate written report (that must be
submitted within 30 days after the close of that 12-month period) for
each major wine trading country, shall include --
(A) a description of each act, policy, and practice (and of its legal
basis and operation) in that country that constitutes a tariff barrier
or nontariff barrier to (or other distortion of) trade in United States
wine (and that description shall be based upon an updating of the report
that was submitted to the Congress under section 854(a) of the Trade
Agreements Act of 1979);
(B) an assessment of the extent to which each such act, policy, or
practice is subject to international agreements to which the United
States is a party;
(C) information with respect to any action taken, or proposed to be
taken, under existing authority to eliminate or reduce each such act,
policy, or practice, including, but not limited to --
(i) any action under the Trade Act of 1974 (19 U.S.C. 2101 et seq.),
and
(ii) any negotiation or consultation with any foreign government;
(D) if action referred to in subparagraph (C) was not taken, an
explanation of the reasons therefore; /2/ and
(E) recommendations to the Congress of any additional legislative
authority or other action which the President believes is necessary and
appropriate to obtain the elimination or reduction of foreign tariff
barriers or nontariff barriers to (or other distortions of) trade in
United States wine.
(2) The reports required under paragraph (1) shall be developed and
coordinated by the Trade Representative through the interagency trade
organization established by section 1872(a) of this title.
(c) Enforcement of rights
If the President, after taking into account information and advice
received under subsections (a) and (b) of this section, section 2805 of
this title or from other sources, determines that action is appropriate
to respond to any act, policy, or practice of a major wine trading
country constitutes a tariff barrier or nontariff barrier to (or other
distortion of) trade in United States wine and --
(1) is inconsistent with the provisions of, or otherwise denies
benefits to the United States under, any trade agreement; or
(2) is unjustifiable, unreasonable, or discriminatory and burdens or
restricts United States commerce;
the President, shall take all appropriate and feasible action under
the Trade Act of 1974 (19 U.S.C. 2101 et seq.) to enforce the rights of
the United States under any such trade agreement or to obtain the
elimination of such act, policy, or practice.
(Pub. L. 98-573, title IX, 905, Oct. 30, 1984, 98 Stat. 3049.)
Section 854(a) of the Trade Agreements Act of 1979, referred to in
subsec. (b)(1), is section 854(a) of Pub. L. 96-39, title VIII, July
26, 1979, 93 Stat. 294, which is set out as a note under section 2135
of this title.
The Trade Act of 1974, referred to in subsecs. (b)(1)(C)(i) and (c),
is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is
classified principally to chapter 12 ( 2101 et seq.) of this title. For
complete classification of this Act to the Code, see References in Text
note set out under section 2101 of this title and Tables.
Pub. L. 100-418, title I, 1125, Aug. 23, 1988, 102 Stat. 1147,
provided that: ''Before the close of the 13-month period beginning on
the date of the enactment of this Act (Aug. 23, 1988), the President
shall update each report that the President submitted to the Committee
on Ways and Means and the Committee on Finance under section 905(b) of
the Wine Equity and Export Expansion Act of 1984 (19 U.S.C. 2804((b)))
and submit the updated report to both of such committees. Each updated
report shall contain, with respect to the major wine trading country
concerned --
''(1) a description of each tariff or nontariff barrier to (or other
distortion of) trade in United States wine of that country with respect
to which the United States Trade Representative has carried out
consultations since the report required under such section 905(b) was
submitted;
''(2) the status of the consultations described under paragraph (1);
and
''(3) information, explanations, and recommendations of the kind
referred to in paragraph (1)(C), (D), and (E) of such section 905(b)
that are based on developments (including the taking of relevant
actions, if any, of a kind not contemplated at the time of the enactment
of such 1984 Act (Oct. 30, 1984)) since the submission of the report
required under such section.''
(Functions of the President under section 1125 of Pub. L. 100-418
delegated to the United States Trade Representative, see section 1-201
of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note
under section 2901 of this title.)
/1/ So in original. Probably should be capitalized.
/2/ So in original. Probably should be ''therefor;''.
19 USC 2805. Required consultations
TITLE 19 -- CUSTOMS DUTIES
The Trade Representative shall consult with the Committees and with
representatives of the wine and grape products industries in the United
States --
(1) before identifying tariff barriers and nontariff barriers to (or
other distortions of) trade in United States wine and designating major
wine trading countries under section 2803 of this title;
(2) in developing the reports required under section 2804(b) of this
title; and
(3) for purposes of determining whether action by the President is
appropriate under any provision of the Trade Act of 1974 (19 U.S.C.
2101 et seq.) with respect to any act, policy, or practice referred to
in section 2804(b)(1) of this title.
(Pub. L. 98-573, title IX, 906, Oct. 30, 1984, 98 Stat. 3050.)
The Trade Act of 1974, referred to in par. (3), is Pub. L. 93-618,
Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified
principally to chapter 12 ( 2101 et seq.) of this title. For complete
classification of this Act to the Code, see References in Text note set
out under section 2101 of this title and Tables.
19 USC 2806. United States wine export promotion
TITLE 19 -- CUSTOMS DUTIES
In order to develop, maintain, and expand foreign markets for United
States wine, the President is encouraged to --
(1) utilize, for the fiscal year ending September 30, 1985, the
authority provided under section 135 of the Omnibus Budget
Reconciliation Act of 1982 (7 U.S.C. 612c note) to make available
sufficient funds to initiate, in cooperation with nongovernmental trade
associations representative of United States wineries, an export
promotion program for United States; /1/ and
(2) request, for each subsequent fiscal year, an appropriation for
such a wine export promotion program that will not be at the expense of
any appropriations requested for export promotion programs involving
other agriculture commodities.
(Pub. L. 98-573, title IX, 907, Oct. 30, 1984, 98 Stat. 3050.)
Section 135 of the Omnibus Budget Reconciliation Act of 1982,
referred to in par. (1), is section 135 of Pub. L. 97-253, title I,
Sept. 8, 1982, 96 Stat. 772, which is set out as a note under section
612c of Title 7, Agriculture.
/1/ So in original. Probably should be ''United States wine;''.
19 USC CHAPTER 17 -- NEGOTIATION AND IMPLEMENTATION OF TRADE AGREEMENTS
TITLE 19 -- CUSTOMS DUTIES
Sec.
2901. Overall and principal trade negotiating objectives of the
United States.
(a) Overall trade negotiating objectives.
(b) Principal trade negotiating objectives.
2902. Trade agreement negotiating authority.
(a) Agreements regarding tariff barriers.
(b) Agreements regarding nontariff barriers.
(c) Bilateral agreements regarding tariff and nontariff barriers.
(d) Consultation with Congress before agreements entered into.
2903. Implementation of trade agreements.
(a) In general.
(b) Application of Congressional ''fast track'' procedures to
implementing bills.
(c) Limitations on use of ''fast track'' procedures.
(d) Rules of House of Representatives and Senate.
(e) Computation of certain periods of time.
2904. Termination and reservation authority; reciprocal
nondiscriminatory treatment.
(a) In general.
(b) Reciprocal nondiscriminatory treatment.
2905. Accession of state trading regimes to General Agreement on
Tariffs and Trade.
(a) In general.
(b) Effects of affirmative determination.
(c) Expedited consideration of bill to approve extension.
(d) Publication.
2906. Definitions.
19 USC 2901. Overall and principal trade negotiating objectives of the
United States
TITLE 19 -- CUSTOMS DUTIES
(a) Overall trade negotiating objectives
The overall trade negotiating objectives of the United States are to
obtain --
(1) more open, equitable, and reciprocal market access;
(2) the reduction or elimination of barriers and other
trade-distorting policies and practices; and
(3) a more effective system of international trading disciplines and
procedures.
(b) Principal trade negotiating objectives
(1) Dispute settlement
The principal negotiating objectives of the United States with
respect to dispute settlement are --
(A) to provide for more effective and expeditious dispute settlement
mechanisms and procedures; and
(B) to ensure that such mechanisms within the GATT and GATT
agreements provide for more effective and expeditious resolution of
disputes and enable better enforcement of United States rights.
(2) Improvement of the GATT and multilateral trade negotiation
agreements
The principal negotiating objectives of the United States regarding
the improvement of GATT and multilateral trade negotiation agreements
are --
(A) to enhance the status of the GATT;
(B) to improve the operation and extend the coverage of the GATT and
such agreements and arrangements to products, sectors, and conditions of
trade not adequately covered; and
(C) to expand country participation in particular agreements or
arrangements, where appropriate.
(3) Transparency
The principal negotiating objective of the United States regarding
transparency is to obtain broader application of the principle of
transparency and clarification of the costs and benefits of trade policy
actions through the observance of open and equitable procedures in trade
matters by Contracting Parties to the GATT.
(4) Developing countries
The principal negotiating objectives of the United States regarding
developing countries are --
(A) to ensure that developing countries promote economic development
by assuming the fullest possible measure of responsibility for achieving
and maintaining an open international trading system by providing
reciprocal benefits and assuming equivalent obligations with respect to
their import and export practices; and
(B) to establish procedures for reducing nonreciprocal trade benefits
for the more advanced developing countries.
(5) Current account surpluses
The principal negotiating objective of the United States regarding
current account surpluses is to develop rules to address large and
persistent global current account imbalances of countries, including
imbalances which threaten the stability of the international trading
system, by imposing greater responsibility on such countries to
undertake policy changes aimed at restoring current account equilibrium,
including expedited implementation of trade agreements where feasible
and appropriate.
(6) Trade and monetary coordination
The principal negotiating objective of the United States regarding
trade and monetary coordination is to develop mechanisms to assure
greater coordination, consistency, and cooperation between international
trade and monetary systems and institutions.
(7) Agriculture
The principal negotiating objectives of the United States with
respect to agriculture are to achieve, on an expedited basis to the
maximum extent feasible, more open and fair conditions of trade in
agricultural commodities by --
(A) developing, strengthening, and clarifying rules for agricultural
trade, including disciplines on restrictive or trade-distorting import
and export practices;
(B) increasing United States agricultural exports by eliminating
barriers to trade (including transparent and nontransparent barriers)
and reducing or eliminating the subsidization of agricultural production
consistent with the United States policy of agricultural stabilization
in cyclical and unpredictable markets;
(C) creating a free and more open world agricultural trading system
by resolving questions pertaining to export and other trade-distorting
subsidies, market pricing and market access and eliminating and reducing
substantially other specific constraints to fair trade and more open
market access, such as tariffs, quotas, and other nontariff practices,
including unjustified phytosanitary and sanitary restrictions; and
(D) seeking agreements by which the major agricultural exporting
nations agree to pursue policies to reduce excessive production of
agricultural commodities during periods of oversupply, with due regard
for the fact that the United States already undertakes such policies,
and without recourse to arbitrary schemes to divide market shares among
major exporting countries.
(8) Unfair trade practices
The principal negotiating objectives of the United States with
respect to unfair trade practices are --
(A) to improve the provisions of the GATT and nontariff measure
agreements in order to define, deter, discourage the persistent use of,
and otherwise discipline unfair trade practices having adverse trade
effects, including forms of subsidy and dumping and other practices not
adequately covered such as resource input subsidies, diversionary
dumping, dumped or subsidized inputs, and export targeting practices;
(B) to obtain the application of similar rules to the treatment of
primary and nonprimary products in the Agreement on Interpretation and
Application of Articles VI, XVI, and XXIII of the GATT (relating to
subsidies and countervailing measures); and
(C) to obtain the enforcement of GATT rules against --
(i) state trading enterprises, and
(ii) the acts, practices, or policies of any foreign government
which, as a practical matter, unreasonably require that --
(I) substantial direct investment in the foreign country be made,
(II) intellectual property be licensed to the foreign country or to
any firm of the foreign country, or
(III) other collateral concessions be made,
as a condition for the importation of any product or service of
the United States into the foreign country or as a condition for
carrying on business in the foreign country.
(9) Trade in services
(A) The principal negotiating objectives of the United States
regarding trade in services are --
(i) to reduce or to eliminate barriers to, or other distortions of,
international trade in services, including barriers that deny national
treatment and restrictions on establishment and operation in such
markets; and
(ii) to develop internationally agreed rules, including dispute
settlement procedures, which --
(I) are consistent with the commercial policies of the United States,
and
(II) will reduce or eliminate such barriers or distortions, and help
ensure fair, equitable opportunities for foreign markets.
(B) In pursuing the negotiating objectives described in subparagraph
(A), United States negotiators shall take into account legitimate United
States domestic objectives including, but not limited to, the protection
of legitimate health or safety, essential security, environmental,
consumer or employment opportunity interests and the law and regulations
related thereto.
(10) Intellectual property
The principal negotiating objectives of the United States regarding
intellectual property are --
(A) to seek the enactment and effective enforcement by foreign
countries of laws which --
(i) recognize and adequately protect intellectual property, including
copyrights, patents, trademarks, semiconductor chip layout designs, and
trade secrets, and
(ii) provide protection against unfair competition,
(B) to establish in the GATT obligations --
(i) to implement adequate substantive standards based on --
(I) the standards in existing international agreements that provide
adequate protection, and
(II) the standards in national laws if international agreement
standards are inadequate or do not exist,
(ii) to establish effective procedures to enforce, both internally
and at the border, the standards implemented under clause (i), and
(iii) to implement effective dispute settlement procedures that
improve on existing GATT procedures;
(C) to recognize that the inclusion in the GATT of --
(i) adequate and effective substantive norms and standards for the
protection and enforcement of intellectual property rights, and
(ii) dispute settlement provisions and enforcement procedures,
is without prejudice to other complementary initiatives undertaken in
other international organizations; and
(D) to supplement and strengthen standards for protection and
enforcement in existing international intellectual property conventions
administered by other international organizations, including their
expansion to cover new and emerging technologies and elimination of
discrimination or unreasonable exceptions or preconditions to
protection.
(11) Foreign direct investment
(A) The principal negotiating objectives of the United States
regarding foreign direct investment are --
(i) to reduce or to eliminate artificial or trade-distorting barriers
to foreign direct investment, to expand the principle of national
treatment, and to reduce unreasonable barriers to establishment; and
(ii) to develop internationally agreed rules, including dispute
settlement procedures, which --
(I) will help ensure a free flow of foreign direct investment, and
(II) will reduce or eliminate the trade distortive effects of certain
trade-related investment measures.
(B) In pursuing the negotiating objectives described in subparagraph
(A), United States negotiators shall take into account legitimate United
States domestic objectives including, but not limited to, the protection
of legitimate health or safety, essential security, environmental,
consumer or employment opportunity interests and the law and regulations
related thereto.
(12) Safeguards
The principal negotiating objectives of the United States regarding
safeguards are --
(A) to improve and expand rules and procedures covering safeguard
measures;
(B) to ensure that safeguard measures are --
(i) transparent,
(ii) temporary,
(iii) degressive, and
(iv) subject to review and termination when no longer necessary to
remedy injury and to facilitate adjustment; and
(C) to require notification of, and to monitor the use by, GATT
Contracting Parties of import relief actions for their domestic
industries.
(13) Specific barriers
The principal negotiating objective of the United States regarding
specific barriers is to obtain competitive opportunities for United
States exports in foreign markets substantially equivalent to the
competitive opportunities afforded foreign exports to United States
markets, including the reduction or elimination of specific tariff and
nontariff trade barriers, particularly --
(A) measures identified in the annual report prepared under section
2241 of this title; and
(B) foreign tariffs and nontariff barriers on competitive United
States exports when like or similar products enter the United States at
low rates of duty or are duty-free, and other tariff disparities that
impede access to particular export markets.
(14) Worker rights
The principal negotiating objectives of the United States regarding
worker rights are --
(A) to promote respect for worker rights;
(B) to secure a review of the relationship of worker rights to GATT
articles, objectives, and related instruments with a view to ensuring
that the benefits of the trading system are available to all workers;
and
(C) to adopt, as a principle of the GATT, that the denial of worker
rights should not be a means for a country or its industries to gain
competitive advantage in international trade.
(15) Access to high technology
(A) The principal negotiating objective of the United States
regarding access to high technology is to obtain the elimination or
reduction of foreign barriers to, and acts, policies, or practices by
foreign governments which limit, equitable access by United States
persons to foreign-developed technology, including barriers, acts,
policies, or practices which have the effect of --
(i) restricting the participation of United States persons in
government-supported research and development projects;
(ii) denying equitable access by United States persons to
government-held patents;
(iii) requiring the approval or agreement of government entities, or
imposing other forms of government interventions, as a condition for the
granting of licenses to United States persons by foreign persons (except
for approval or agreement which may be necessary for national security
purposes to control the export of critical military technology); and
(iv) otherwise denying equitable access by United States persons to
foreign-developed technology or contributing to the inequitable flow of
technology between the United States and its trading partners.
(B) In pursuing the negotiating objective described in subparagraph
(A), the United States negotiators shall take into account United States
Government policies in licensing or otherwise making available to
foreign persons technology and other information developed by United
States laboratories.
(16) Border taxes
The principal negotiating objective of the United States regarding
border taxes is to obtain a revision of the GATT with respect to the
treatment of border adjustments for internal taxes to redress the
disadvantage to countries relying primarily for revenue on direct taxes
rather than indirect taxes.
(Pub. L. 100-418, title I, 1101, Aug. 23, 1988, 102 Stat. 1121.)
Section 1(a) of Pub. L. 100-418 provided that: ''This Act (see
Tables for classification) may be cited as the 'Omnibus Trade and
Competitiveness Act of 1988'.''
Section 1001 of title I of Pub. L. 100-418 provided that:
''(a) Findings. -- The Congress finds that --
''(1) in the last 10 years there has arisen a new global economy in
which trade, technological development, investment, and services form an
integrated system; and in this system these activities affect each
other and the health of the United States economy;
''(2) the United States is confronted with a fundamental
disequilibrium in its trade and current account balances and a rapid
increase in its net external debt;
''(3) such disequilibrium and increase are a result of numerous
factors, including --
''(A) disparities between the macroeconomic policies of the major
trading nations,
''(B) the large United States budget deficit,
''(C) instabilities and structural defects in the world monetary
system,
''(D) the growth of debt throughout the developing world,
''(E) structural defects in the world trading system and inadequate
enforcement of trade agreement obligations,
''(F) governmental distortions and barriers,
''(G) serious shortcomings in United States trade policy, and
''(H) inadequate growth in the productivity and competitiveness of
United States firms and industries relative to their overseas
competition;
''(4) it is essential, and should be the highest priority of the
United States Government, to pursue a broad array of domestic and
international policies --
''(A) to prevent future declines in the United States economy and
standards of living,
''(B) to ensure future stability in external trade of the United
States, and
''(C) to guarantee the continued vitality of the technological,
industrial, and agricultural base of the United States;
''(5) the President should be authorized and encouraged to negotiate
trade agreements and related investment, financial, intellectual
property, and services agreements that meet the standards set forth in
this title (see Tables for classification); and
''(6) while the United States is not in a position to dictate
economic policy to the rest of the world, the United States is in a
position to lead the world and it is in the national interest for the
United States to do so.
''(b) Purposes. -- The purposes of this title (see Tables for
classification) are to --
''(1) authorize the negotiation of reciprocal trade agreements;
''(2) strengthen United States trade laws;
''(3) improve the development and management of United States trade
strategy; and
''(4) through these actions, improve standards of living in the
world.''
Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779, as amended by Ex.
Ord. No. 12697, Dec. 22, 1989, 54 F.R. 53037; Ex. Ord. No. 12716, May
24, 1990, 55 F.R. 21831; Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R.
49835, provided:
By virtue of the authority vested in me as President by the
Constitution and laws of the United States of America, including the
Omnibus Trade and Competitiveness Act of 1988 (P.L. 100-418, 102 Stat.
1107) (''Omnibus Trade Act'') (see Short Title note above), the Tariff
Act of 1930 (Chapter 497, 46 Stat. 590, June 17, 1930), as amended
(''Tariff Act'') (19 U.S.C. 1202 et seq.), the National Defense
Authorization Act, Fiscal Year 1989 (P.L. 100-456, 102 Stat. 1918)
(''Defense Authorization Act'') (see Tables for classification), section
301 of Title 3 of the United States Code, and, in general, to ensure
that the international trade policy of the United States shall be
conducted and administered in a way that achieves the economic, foreign
policy, and national security objectives of the United States and in a
coordinated manner under the direction of the President, it is hereby
ordered as follows:
Section 1-101. Accession of State Trading Regimes to the General
Agreement on Tariffs and Trade. The functions vested in the President
by sections 1106(a), (b) and (d) of the Omnibus Trade Act (19 U.S.C.
2905(a), (b), (d)), regarding the accession of state trading regimes to
the General Agreement on Tariffs and Trade, are delegated to the United
States Trade Representative.
Sec. 1-201. Wine Barriers. The functions vested in the President by
section 1125 of the Omnibus Trade Act (19 U.S.C. 2804 note), regarding
the updated report on barriers to wine trade, are delegated to the
United States Trade Representative.
Sec. 1-301. Steel Imports. The functions vested in the President by
section 805(d)(1) and (2) of the Trade and Tariff Act of 1984 (19 U.S.C.
2253, note), as amended by section 1322 of the Omnibus Trade Act, are
delegated to the United States Trade Representative.
Sec. 1-401. Telecommunications Trade. The functions vested in the
President by sections 1375 and 1376(e) of the Omnibus Trade Act (19
U.S.C. 3104, 3105(e)), regarding certain telecommunications negotiations
as may be ordered by the President and reports thereon to Congressional
Committees, are delegated to the United States Trade Representative.
Sec. 1-501. Uniform Fee on Imports. The functions vested in the
President by section 1428 of the Omnibus Trade Act (19 U.S.C. 2397, 19
U.S.C. 2397 note), regarding negotiations to obtain authority under the
General Agreement on Tariffs and Trade to impose a small uniform fee on
imports, are delegated to the United States Trade Representative.
Sec. 2-101. Countertrade and Barter.
(1) Establishment. There is established an Interagency Group on
Countertrade, which shall be composed of the Secretaries of Commerce,
State, Defense, Treasury, Labor, Agriculture, and Energy, the Attorney
General, the Administrator of the Agency for International Development,
the Director of the Federal Emergency Management Agency, the United
States Trade Representative and the Director of the Office of Management
and Budget, or their respective representatives. The Secretary of
Commerce or his representative shall be the Chairman of the interagency
group.
(2) Functions. The interagency group shall carry out the functions
and duties set out in section 2205(a) of the Omnibus Trade Act (15
U.S.C. 4712(a)).
Sec. 2-201. Sanctions Against Toshiba and Kongsberg.
(1) Procurement Sanctions. Pursuant to section 2443 of the Omnibus
Trade Act (50 U.S.C. App. 2410a note) and subject to the exceptions
referred to in paragraph (3), departments, agencies and
instrumentalities of the United States Government shall not for the
three-year period beginning on the date this Order takes effect,
contract with or procure products and services from Toshiba Machine
Company, Kongsberg Trading Company, Toshiba Corporation or Kongsberg
Vaapenfabrikk. The head of each department, agency or instrumentality
is hereby directed and authorized to implement this procurement sanction
in accordance with paragraph (3).
(2) Import Sanctions. Pursuant to section 2443 of the Omnibus Trade
Act and subject to the exceptions referred to in paragraph (3),
importation into the United States, its territories and possessions, of
products produced by Toshiba Machine Company or Kongsberg Trading
Company is prohibited for three years from the effective date of this
Order. The Secretary of the Treasury is hereby directed and authorized
to implement this import sanction in accordance with paragraph (3).
(3) Exceptions. Authority to make determinations as to exceptions to
sanctions and to implement exceptions by regulation or otherwise is
delegated (i) to the Secretary of Defense with respect to determinations
under section 2443(c)(1) regarding the procurement of defense articles
or defense services, (ii) to the Secretary of the Treasury with respect
to exceptions under section 2443(c)(2) regarding importation prohibited
by section 2443(a)(2), and (iii) to the head of each Federal department,
agency or instrumentality with respect to exceptions under section
2443(c)(2) affecting their respective contracting and procurement. All
regulations implementing these exceptions provisions shall be consistent
with any guidelines provided by the Office of Federal Procurement
Policy, Office of Management and Budget.
(4) Annual Report. The annual report required by section 2445 (50
U.S.C. App. 2413), concerning estimated increases in defense
expenditures arising from illegal technology transfers, shall be
prepared by the Secretary of Defense, in consultation with the
Secretaries of State and Commerce, for submission to the Congress by the
President.
Sec. 3-101. Foreign Corrupt Practices Act Amendments.
The functions conferred upon the President by section 5003(d)(1)
(''International Agreement'') of the Omnibus Trade Act (15 U.S.C.
78dd-1 note) are delegated to the Secretary of State, who in performing
such functions shall act in consultation with the Attorney General, the
United States Trade Representative, the Chairman of the Securities and
Exchange Commission, the Secretary of Commerce, the Secretary of the
Treasury and the Director of the Office of Management and Budget.
Sec. 3-201. Authority to Review Certain Mergers, Acquisitions, and
Takeovers.
(1) Executive Order No. 11858, as amended (15 U.S.C. 78b note),
regarding the Committee on Foreign Investment in the United States (the
''Committee'') is further amended as follows:
(A) By adding new Sections 7 and 8 as follows:
''Sec. 7. (1) Investigations. (a) The Committee is designated to
receive notices and other information, to determine whether
investigations should be undertaken, and to make investigations,
pursuant to Section 721(a) of the Defense Production Act. (b) If the
Committee determines that an investigation should be undertaken, such
investigation shall commence no later than 30 days after receipt by the
Committee of written notification of the proposed or pending merger,
acquisition, or takeover. Such investigation shall be completed no
later than 45 days after such determination. (c) If one or more
Committee members differ with a Committee decision not to undertake an
investigation, the Chairman shall submit a report of the Committee to
the President setting forth the differing views and presenting the
issues for his decision within 25 days after receipt by the Committee of
written notification of the proposed or pending merger, acquisition, or
takeover. (d) A unanimous decision by the Committee not to undertake an
investigation with regard to a notice shall conclude action under this
section on such notice. The Chairman shall advise the President of said
decision.
''(2) Report to the President. Upon completion or termination of any
investigation, the Committee shall report to the President and present a
recommendation. Any such report shall include information relevant to
subparagraphs (1) and (2) of Section 721(d) of the Defense Production
Act. If the Committee is unable to reach a unanimous recommendation,
the Chairman shall submit a report of the Committee to the President
setting forth the differing views and presenting the issues for his
decision.
''Sec. 8. The Chairman of the Committee, in consultation with other
members of the Committee, is hereby delegated the authority to issue
regulations to implement Section 721 of the Defense Production Act.''
(B) By deleting, from the second sentence in Section 1(a), the text
beginning with ''a representative'' and ending with ''by each of''.
(C) By deleting, from the third sentence in Section 1(a), the phrase
''representative of the''.
(D) By deleting ''and'' at the end of subparagraph (3) of Section
1(b), by substituting ''; and'' for the period at the end of
subparagraph (4) of that Section, and by adding a new subparagraph (5)
as follows: ''(5) coordinate the views of the Executive Branch and
discharge the responsibilities with respect to Section 721(a) and (e) of
the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et
seq.) (''Defense Production Act'').''
(E) By adding the following sentence at the end of Section 5:
''Information or documentary material filed pursuant to Section 1(b)(5)
or Section 7 of this Order shall be treated in accordance with paragraph
(b) of Section 721 of the Defense Production Act.''
(F) By inserting in Section 1(a) the following additional Committee
members: ''(7) The Attorney General.'' and ''(8) The Director of the
Office of Management and Budget.''
(G) The Interim Presidential Directive to the Secretary of the
Treasury of October 26, 1988, is hereby revoked, and any notices
received or investigations pending as of the date this Order takes
effect shall be referred to the Chairman of the Committee for action
consistent with this Order.
Sec. 3-301. Reporting Requirement on Semiconductors, Fiber Optics and
Superconducting Materials.
(1) The Secretary of Commerce, in consultation with the Director of
the Office of Science and Technology Policy, the Secretary of Defense,
and the Director of the Office of Management and Budget, shall prepare
for the President to submit to the Congress with the Fiscal Year 1990
budget a report describing policies and budget proposals regarding:
(A) Federal research in semiconductors and semiconductor
manufacturing technology, including a discussion of the respective roles
of the various Federal departments and agencies in such research;
(B) Federal research and acquisition policies for fiber optics and
optical-electronic technologies generally;
(C) Superconducting materials, including descriptions of research
priorities, the scientific and technical barriers to commercialization
which such research is designed to overcome, steps taken to ensure
coordination among Federal agencies conducting research on
superconducting materials, and steps taken to consult with private
United States industry to ensure that no unnecessary duplication of
research exists and that all important scientific and technical barriers
to the commercialization of superconducting materials will be addressed;
and
(D) Federal research to assist United States industry to develop and
apply advanced manufacturing technologies for the production of durable
and nondurable goods.
(2) The Department of Defense, the Department of Energy, the National
Science Foundation, the National Aeronautics and Space Administration,
the Department of State, the United States Trade Representative, and
other Federal agencies deemed appropriate by the Secretary of Commerce
shall provide the information described in section 5141 of the Omnibus
Trade Act (Pub. L. 100-418, title V, Aug. 23, 1988, 102 Stat. 1444)
concerning their Fiscal Year 1989 program and proposed Fiscal Year 1990
program to the Secretary of Commerce in sufficient time to permit
preparation of the report.
(3) The Office of Management and Budget shall provide to the
Secretary of Commerce, in sufficient time to permit preparation of the
report, a summary of the Federal base program and Fiscal Year 1990
budget initiatives in each of the technical areas of the report.
(4) The Office of Science and Technology Policy (''OSTP'') shall
provide the Secretary of Commerce with appropriate policy guidance in
the technical areas of the report, including a summary of the criteria
used to select research projects within an agency and among agencies,
and the results of any studies conducted by OSTP, or by others if OSTP
deems them to be relevant, which analyze the influence of the Federal
research programs in the technical areas of the report.
Sec. 3-401. (Revoked by Ex. Ord. No. 12774, 3(a), Sept. 27, 1991, 56
F.R. 49835)
Sec. 4-101. Buy American Act of 1988.
(1) The functions vested in the President by section 7002 of the
Omnibus Trade Act, regarding section 4(d) of Title III of the Buy
American Act of 1933, as amended (41 U.S.C. 10a-10d) (41 U.S.C. 10b-1),
are delegated to the Secretary of Defense.
(2) The functions vested in the President by section 7003 of the
Omnibus Trade Act, regarding the annual report required by subsection
(d) of section 305 of the Trade Agreements Act of 1979, as amended (19
U.S.C. 2515), are delegated to the United States Trade Representative.
Sec. 5-101. Executive Oversight.
Any actions or determinations taken or made by an officer or agency
under the Omnibus Trade Act or this Order shall be subject to the
Executive oversight and direction of the President, and such actions or
determinations shall be undertaken after appropriate inter-agency
consultation as established by the President.
Sec. 5-102. Regulatory Review. Notwithstanding the provisions of
section 1(a)(2) of Executive Order No. 12291 of February 17, 1981 (5
U.S.C. 601 note), the Director of the Office of Management and Budget
shall, with regard to regulations, rules, or agency statements of
general applicability and future effect designed to implement,
interpret, or prescribe law or policy or describing the procedure or
practice requirements of an agency relative to the administration of the
Export Administration Act (50 U.S.C. App. 2401 et seq.), determine
whether such regulations, rules, or agency statements are exempted from
review under that Order, pursuant to the provisions of section 8(b)
thereof (50 U.S.C. App. 2407(b)).
Sec. 5-201. Offsets. The negotiating functions under section 825(c)
of the Defense Authorization Act (10 U.S.C. 2532 note), as may be
ordered by the President, are hereby jointly delegated to the Secretary
of Defense and the United States Trade Representative. These functions
shall be coordinated with the Secretary of State and conducted in
consultation with the Secretaries of Commerce, Labor and the Treasury.
Sec. 5-202. Reporting Functions. The reporting functions of the
President under section 825(d) of the Defense Authorization Act (10
U.S.C. 2532 note) are delegated to the Director of the Office of
Management and Budget. The Director may further delegate to the heads
of Executive departments and agencies responsibility for preparing
particular sections of such reports. The heads of Executive departments
and agencies shall, to the extent permitted by law, provide the Director
with such information as may be necessary for the effective performance
of these functions.
Sec. 5-301. International Trade Commission Report. The functions
vested in the President by section 332(g) of the Tariff Act (19 U.S.C.
1332(g)), regarding reports by the United States International Trade
Commission to the President, are delegated to the United States Trade
Representative.
Sec. 5-401. Strengthening International Institutions. To the extent
possible, actions undertaken under this Order shall be conducted in a
manner that strengthens international institutions that further United
States objectives, such as opening foreign markets and preventing the
export of strategic goods and technologies to proscribed destinations.
Sec. 5-501. Effective Date. This Order shall take effect at 12:01
a.m. on Wednesday, December 28, 1988.
19 USC 2902. Trade agreement negotiating authority
TITLE 19 -- CUSTOMS DUTIES
(a) Agreements regarding tariff barriers
(1) Whenever the President determines that one or more existing
duties or other import restrictions of any foreign country or the United
States are unduly burdening and restricting the foreign trade of the
United States and that the purposes, policies, and objectives of this
title will be promoted thereby, the President --
(A) before June 1, 1993, may enter into trade agreements with foreign
countries; and
(B) may, subject to paragraphs (2) through (5), proclaim --
(i) such modification or continuance of any existing duty,
(ii) such continuance of existing duty-free or excise treatment, or
(iii) such additional duties;
as he determines to be required or appropriate to carry out any such
trade agreement.
(2) No proclamation may be made under subsection (a) of this section
that --
(A) reduces any rate of duty (other than a rate of duty that does not
exceed 5 percent ad valorem on August 23, 1988) to a rate which is less
than 50 percent of the rate of such duty that applies on August 23,
1988; or
(B) increases any rate of duty above the rate that applies on August
23, 1988.
(3)(A) Except as provided in subparagraph (B), the aggregate
reduction in the rate of duty on any article which is in effect on any
day pursuant to a trade agreement entered into under paragraph (1) shall
not exceed the aggregate reduction which would have been in effect on
such day if a reduction of 3 percent ad valorem or a reduction of
one-tenth of the total reduction, whichever is greater, had taken effect
on the effective date of the first reduction proclaimed in paragraph (1)
to carry out such agreement with respect to such article.
(B) No staging under subparagraph (A) is required with respect to a
rate reduction that is proclaimed under paragraph (1) for an article of
a kind that is not produced in the United States. The United States
International Trade Commission shall advise the President of the
identity of articles that may be exempted from staging under this
subparagraph.
(4) If the President determines that such action will simplify the
computation of reductions under paragraph (3), the President may round
an annual reduction by the lesser of --
(A) the difference between the reduction without regard to this
paragraph and the next lower whole number; or
(B) one-half of 1 percent ad valorem.
(5) No reduction in a rate of duty under a trade agreement entered
into under subsection (a) of this section on any article may take effect
more than 10 years after the effective date of the first reduction under
paragraph (1) that is proclaimed to carry out the trade agreement with
respect to such article.
(6) A rate of duty reduction or increase that may not be proclaimed
by reason of paragraph (2) may take effect only if a provision
authorizing such reduction or increase is included within an
implementing bill provided for under section 2903 of this title and that
bill is enacted into law.
(b) Agreements regarding nontariff barriers
(1) Whenever the President determines that any barrier to, or other
distortion of, international trade --
(A) unduly burdens or restricts the foreign trade of the United
States or adversely affects the United States economy; or
(B) the imposition of any such barrier or distortion is likely to
result in such a burden, restriction, or effect;
and that the purposes, policies, and objectives of this title will be
promoted thereby, the President may, before June 1, 1993, enter into a
trade agreement with foreign countries providing for --
(i) the reduction or elimination of such barrier or other distortion;
or
(ii) the prohibition of, or limitations on the imposition of, such
barrier or other distortion.
(2) A trade agreement may be entered into under this subsection only
if such agreement makes progress in meeting the applicable objectives
described in section 2901 of this title.
(c) Bilateral agreements regarding tariff and nontariff barriers
(1) Before June 1, 1993, the President may enter into bilateral trade
agreements with foreign countries that provide for the elimination or
reduction of any duty imposed by the United States. A trade agreement
entered into under this paragraph may also provide for the reduction or
elimination of barriers to, or other distortions of, the international
trade of the foreign country or the United States.
(2) Notwithstanding any other provision of law, no trade benefit
shall be extended to any country by reason of the extension of any trade
benefit to another country under a trade agreement entered into under
paragraph (1) with such other country.
(3) A trade agreement may be entered into under paragraph (1) with
any foreign country only if --
(A) the agreement makes progress in meeting the applicable objectives
described in section 2901 of this title;
(B) such foreign country requests the negotiation of such an
agreement; and
(C) the President, at least 60 days before the date notice is
provided under section 2903(a)(1)(A) of this title --
(i) provides written notice of such negotiations to the Committee on
Finance of the Senate and the Committee on Ways and Means of the House
of Representatives, and
(ii) consults with such committees regarding the negotiation of such
agreement.
(4) The 60-day period of time described in paragraph (3)(C) shall be
computed in accordance with section 2903(e) of this title.
(5) In any case in which there is an inconsistency between any
provision of this Act and any bilateral free trade area agreement that
entered into force and effect with respect to the United States before
January 1, 1987, the provision shall not apply with respect to the
foreign country that is party to that agreement.
(d) Consultation with Congress before agreements entered into
(1) Before the President enters into any trade agreement under
subsection (b) or (c) of this section, the President shall consult with
--
(A) the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate; and
(B) each other committee of the House and the Senate, and each joint
committee of the Congress, which has jurisdiction over legislation
involving subject matters which would be affected by the trade
agreement.
(2) The consultation under paragraph (1) shall include --
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the applicable
purposes, policies, and objectives of this title; and
(C) all matters relating to the implementation of the agreement under
section 2903 of this title.
(3) If it is proposed to implement two or more trade agreements in a
single implementing bill under section 2903 of this title, the
consultation under paragraph (1) shall include the desirability and
feasibility of such proposed implementation.
(Pub. L. 100-418, title I, 1102, Aug. 23, 1988, 102 Stat. 1126;
Pub. L. 101-382, title I, 139(b), Aug. 20, 1990, 104 Stat. 653.)
This title, referred to in subsecs. (a)(1), (b)(1), and (d)(2)(B),
is title I ( 1001 et seq.) of Pub. L. 100-418, see note below. For
complete classification of this title to the Code, see Tables.
This Act, referred to in subsec. (c)(5), is Pub. L. 100-418, Aug.
23, 1988, 102 Stat. 1107, known as the Omnibus Trade and
Competitiveness Act of 1988. For complete classification of this Act to
the Code, see Tables.
1990 -- Subsec. (c)(4). Pub. L. 101-382 substituted ''paragraph
(3)(C)'' for ''paragraph (3)(B)'' and ''2903(e)'' for ''2903(f)''.
19 USC 2903. Implementation of trade agreements
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) Any agreement entered into under section 2902(b) or (c) of this
title shall enter into force with respect to the United States if (and
only if) --
(A) the President, at least 90 calendar days before the day on which
he enters into the trade agreement, notifies the House of
Representatives and the Senate of his intention to enter into the
agreement, and promptly thereafter publishes notice of such intention in
the Federal Register;
(B) after entering into the agreement, the President submits a
document to the House of Representatives and to the Senate containing a
copy of the final legal text of the agreement, together with --
(i) a draft of an implementing bill,
(ii) a statement of any administrative action proposed to implement
the trade agreement, and
(iii) the supporting information described in paragraph (2); and
(C) the implementing bill is enacted into law.
(2) The supporting information required under paragraph (1)(B)(iii)
consists of --
(A) an explanation as to how the implementing bill and proposed
administrative action will change or affect existing law; and
(B) a statement --
(i) asserting that the agreement makes progress in achieving the
applicable purposes, policies, and objectives of this title,
(ii) setting forth the reasons of the President regarding --
(I) how and to what extent the agreement makes progress in achieving
the applicable purposes, policies, and objectives referred to in clause
(i), and why and to what extent the agreement does not achieve other
applicable purposes, policies, and objectives,
(II) how the agreement serves the interests of United States
commerce, and
(III) why the implementing bill and proposed administrative action is
required or appropriate to carry out the agreement;
(iii) describing the efforts made by the President to obtain
international exchange rate equilibrium and any effect the agreement may
have regarding increased international monetary stability; and
(iv) describing the extent, if any, to which --
(I) each foreign country that is a party to the agreement maintains
non-commercial state trading enterprises that may adversely affect,
nullify, or impair the benefits to the United States under the
agreement, and
(II) the agreement applies to or affects purchases and sales by such
enterprises.
(3) To ensure that a foreign country which receives benefits under a
trade agreement entered into under section 2902(b) or (c) of this title
is subject to the obligations imposed by such agreement, the President
shall recommend to Congress in the implementing bill and statement of
administrative action submitted with respect to such agreement that the
benefits and obligations of such agreement apply solely to the parties
to such agreement, if such application is consistent with the terms of
such agreement. The President may also recommend with respect to any
such agreement that the benefits and obligations of such agreement not
apply uniformly to all parties to such agreement, if such application is
consistent with the terms of such agreement.
(b) Application of Congressional ''fast track'' procedures to
implementing bills
(1) Except as provided in subsection (c) of this section --
(A) the provisions of section 2191 of this title (hereinafter in this
section referred to as ''fast track procedures'') apply to implementing
bills submitted with respect to trade agreements entered into under
section 2902(b) or (c) of this title before June 1, 1991; and
(B) such fast track procedures shall be extended to implementing
bills submitted with respect to trade agreements entered into under
section 2902(b) or (c) of this title after May 31, 1991, and before June
1, 1993, if (and only if) --
(i) the President requests such extension under paragraph (2); and
(ii) neither House of the Congress adopts an extension disapproval
resolution under paragraph (5) before June 1, 1991.
(2) If the President is of the opinion that the fast track procedures
should be extended to implementing bills described in paragraph (1)(B),
the President must submit to the Congress, no later than March 1, 1991,
a written report that contains a request for such extension, together
with --
(A) a description of all trade agreements that have been negotiated
under section 2902(b) or (c) of this title and the anticipated schedule
for submitting such agreements to the Congress for approval;
(B) a description of the progress that has been made in multilateral
and bilateral negotiations to achieve the purposes, policies, and
objectives of this title, and a statement that such progress justifies
the continuation of negotiations; and
(C) a statement of the reasons why the extension is needed to
complete the negotiations.
(3) The President shall promptly inform the Advisory Committee for
Trade Policy and Negotiations established under section 2155 of this
title of his decision to submit a report to Congress under paragraph
(2). The Advisory Committee shall submit to the Congress as soon as
practicable, but no later than March 1, 1991, a written report that
contains --
(A) its views regarding the progress that has been made in
multilateral and bilateral negotiations to achieve the purposes,
policies, and objectives of this title; and
(B) a statement of its views, and the reasons therefor, regarding
whether the extension requested under paragraph (2) should be approved
or disapproved.
(4) The reports submitted to the Congress under paragraphs (2) and
(3), or any portion of the reports, may be classified to the extent the
President determines appropriate.
(5)(A) For purposes of this subsection, the term ''extension
disapproval resolution'' means a resolution of either House of the
Congress, the sole matter after the resolving clause of which is as
follows: ''That the disapproves the request of the President for the
extension, under section 1103(b)(1)(B)(i) of the Omnibus Trade and
Competitiveness Act of 1988, of the provisions of section 151 of the
Trade Act of 1974 to any implementing bill submitted with respect to any
trade agreement entered into under section 1102(b) or (c) of such Act
after May 31, 1991, because sufficient tangible progress has not been
made in trade negotiations.'', with the blank space being filled with
the name of the resolving House of the Congress.
(B) Extension disapproval resolutions --
(i) may be introduced in either House of the Congress by any member
of such House; and
(ii) shall be jointly referred, in the House of Representatives, to
the Committee on Ways and Means and the Committee on Rules.
(C) The provisions of section 2192(d) and (e) of this title (relating
to the floor consideration of certain resolutions in the House and
Senate) apply to extension disapproval resolutions.
(D) It is not in order for --
(i) the Senate to consider any extension disapproval resolution not
reported by the Committee on Finance;
(ii) the House of Representatives to consider any extension
disapproval resolution not reported by the Committee on Ways and Means
and the Committee on Rules; or
(iii) either House of the Congress to consider an extension
disapproval resolution that is reported to such House after May 15,
1991.
(c) Limitations on use of ''fast track'' procedures
(1)(A) The fast track procedures shall not apply to any implementing
bill submitted with respect to a trade agreement entered into under
section 2902(b) or (c) of this title if both Houses of the Congress
separately agree to procedural disapproval resolutions within any 60-day
period.
(B) Procedural disapproval resolutions --
(i) in the House of Representatives --
(I) shall be introduced by the chairman or ranking minority member of
the Committee on Ways and Means or the chairman or ranking minority
member of the Committee on Rules,
(II) shall be jointly referred to the Committee on Ways and Means and
the Committee on Rules, and
(III) may not be amended by either Committee; and
(ii) in the Senate shall be original resolutions of the Committee on
Finance.
(C) The provisions of section 2192(d) and (e) of this title (relating
to the floor consideration of certain resolutions in the House and
Senate) apply to procedural disapproval resolutions.
(D) It is not in order for the House of Representatives to consider
any procedural disapproval resolution not reported by the Committee on
Ways and Means and the Committee on Rules.
(E) For purposes of this subsection, the term ''procedural
disapproval resolution'' means a resolution of either House of the
Congress, the sole matter after the resolving clause of which is as
follows: ''That the President has failed or refused to consult with
Congress on trade negotiations and trade agreements in accordance with
the provisions of the Omnibus Trade and Competitiveness Act of 1988,
and, therefore, the provisions of section 151 of the Trade Act of 1974
shall not apply to any implementing bill submitted with respect to any
trade agreement entered into under section 1102(b) or (c) of such Act of
1988, if, during the 60-day period beginning on the date on which this
resolution is agreed to by the , the agrees to a procedural disapproval
resolution (within the meaning of section 1103(c)(1)(E) of such Act of
1988).'', with the first blank space being filled with the name of the
resolving House of the Congress and the second blank space being filled
with the name of the other House of the Congress.
(2) The fast track procedures shall not apply to any implementing
bill that contains a provision approving of any trade agreement which is
entered into under section 2902(c) of this title with any foreign
country if either --
(A) the requirements of section 2902(c)(3) of this title are not met
with respect to the negotiation of such agreement; or
(B) the Committee on Finance of the Senate or the Committee on Ways
and Means of the House of Representatives disapproves of the negotiation
of such agreement before the close of the 60-day period which begins on
the date notice is provided under section 2902(c)(3)(C)(i) of this title
with respect to the negotiation of such agreement.
(d) Rules of House of Representatives and Senate
Subsections (b) and (c) of this section are enacted by the Congress
--
(1) as an exercise of the rulemaking power of the House of
Representatives and the Senate, respectively, and as such is deemed a
part of the rules of each House, respectively, and such procedures
supersede other rules only to the extent that they are inconsistent with
such other rules; and
(2) with the full recognition of the constitutional right of either
House to change the rules (so far as relating to the procedures of that
House) at any time, in the same manner, and to the same extent as any
other rule of that House.
(e) Computation of certain periods of time
Each period of time described in subsection (c)(1)(A) and (E) and (2)
of this section shall be computed without regard to --
(1) the days on which either House of Congress is not in session
because of an adjournment of more than 3 days to a day certain or an
adjournment of the Congress sine die; and
(2) any Saturday and Sunday, not excluded under paragraph (1), when
either House of the Congress is not in session.
(Pub. L. 100-418, title I, 1103, Aug. 23, 1988, 102 Stat. 1128.)
This title, referred to in subsecs. (a)(2)(B)(i) and (b)(2)(B),
(3)(A), is title I ( 1001 et seq.) of Pub. L. 100-418, see note below.
For complete classification of this title to the Code, see Tables.
The Omnibus Trade and Competitiveness Act of 1988, referred to in
subsecs. (b)(5)(A) and (c)(1)(E), is Pub. L. 100-418, Aug. 23, 1988,
102 Stat. 1107. Sections 1102(b) and (c) and 1103(b)(1)(B)(i) and
(c)(1)(E) of such Act are classified to sections 2902(b) and (c) and
2903(b)(1)(B)(i) and (c)(1)(E) of this title, respectively. For
complete classification of this Act to the Code, see Tables.
Section 151 of the Trade Act of 1974, referred to in subsecs.
(b)(5)(A) and (c)(1)(E), is classified to section 2191 of this title.
19 USC 2904. Termination and reservation authority; reciprocal
nondiscriminatory treatment
TITLE 19 -- CUSTOMS DUTIES
(a) In general
For purposes of applying sections 2135, 2136(a), and 2137 of this
title --
(1) any trade agreement entered into under section 2902 of this title
shall be treated as an agreement entered into under section 2111 or
2112, as appropriate, of this title; and
(2) any proclamation or Executive order issued pursuant to a trade
agreement entered into under section 2902 of this title shall be treated
as a proclamation or Executive order issued pursuant to a trade
agreement entered into under section 2112 of this title.
(b) Reciprocal nondiscriminatory treatment
(1) The President shall determine, before June 1, 1993, whether any
major industrial country has failed to make concessions under trade
agreements entered into under section 2902(a) and (b) of this title
which provide competitive opportunities for the commerce of the United
States in such country substantially equivalent to the competitive
opportunities, provided by concessions made by the United States under
trade agreements entered into under section 2902(a) and (b) of this
title, for the commerce of such country in the United States.
(2) If the President determines under paragraph (1) that a major
industrial country has not made concessions under trade agreements
entered into under section 2902(a) and (b) of this title which provide
substantially equivalent competitive opportunities for the commerce of
the United States, the President shall, either generally with respect to
such country or by article produced by such country, in order to restore
equivalence of competitive opportunities, recommend to the Congress --
(A) legislation providing for the termination or denial of the
benefits of concessions of trade agreements entered into under section
2902(a) and (b) of this title that have been made with respect to rates
of duty or other import restrictions imposed by the United States, and
(B) legislation providing that any law necessary to carry out any
trade agreement under section 2902(a) or (b) of this title not apply to
such country.
(3) For purposes of this subsection, the term ''major industrial
country'' means Canada, the European Communities, the individual member
countries of the European Communities, Japan, and any other foreign
country designated by the President for purposes of this subsection.
(Pub. L. 100-418, title I, 1105, Aug. 23, 1988, 102 Stat. 1132.)
19 USC 2905. Accession of state trading regimes to General Agreement
on Tariffs and Trade
TITLE 19 -- CUSTOMS DUTIES
(a) In general
Before any major foreign country accedes, after August 23, 1988, to
the GATT the President shall determine --
(1) whether state trading enterprises account for a significant share
of --
(A) the exports of such major foreign country, or
(B) the goods of such major foreign country that are subject to
competition from goods imported into such foreign country; and
(2) whether such state trading enterprises --
(A) unduly burden and restrict, or adversely affect, the foreign
trade of the United States or the United States economy, or
(B) are likely to result in such a burden, restriction, or effect.
(b) Effects of affirmative determination
If both of the determinations made under paragraphs (1) and (2) of
subsection (a) of this section with respect to a major foreign country
are affirmative --
(1) the President shall reserve the right of the United States to
withhold extension of the application of the GATT, between the United
States and such major foreign country, and
(2) the GATT shall not apply between the United States and such major
foreign country until --
(A) such foreign country enters into an agreement with the United
States providing that the state trading enterprises of such foreign
country --
(i) will --
(I) make purchases which are not for the use of such foreign country,
and
(II) make sales in international trade,
in accordance with commercial considerations (including price,
quality, availability, marketability, and transportation), and
(ii) will afford United States business firms adequate opportunity,
in accordance with customary practice, to compete for participation in
such purchases or sales; or
(B) a bill submitted under subsection (c) of this section which
approves of the extension of the application of the GATT between the
United States and such major foreign country is enacted into law.
(c) Expedited consideration of bill to approve extension
(1) The President may submit to the Congress any draft of a bill
which approves of the extension of the application of the GATT between
the United States and a major foreign country.
(2) Any draft of a bill described in paragraph (1) that is submitted
by the President to the Congress shall --
(A) be introduced by the majority leader of each House of the
Congress (by request) on the first day on which such House is in session
after the date such draft is submitted to the Congress; and
(B) shall be treated as an implementing bill for purposes of
subsections (d), (e), (f), and (g) of section 2191 of this title.
(d) Publication
The President shall publish in the Federal Register each
determination made under subsection (a) of this section.
(Pub. L. 100-418, title I, 1106, Aug. 23, 1988, 102 Stat. 1133.)
For delegation of certain functions of President under this section
to United States Trade Representative, see section 1-101 of Ex. Ord.
No. 12661, Dec. 27, 1988, 54 F.R. 779, set out as a note under section
2901 of this title.
19 USC 2906. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this chapter:
(1) The term ''distortion'' includes, but is not limited to, a
subsidy.
(2) The term ''foreign country'' includes any foreign
instrumentality. Any territory or possession of a foreign country that
is administered separately for customs purposes, shall be treated as a
separate foreign country.
(3) The term ''GATT'' means the General Agreement on Tariffs and
Trade.
(4) The term ''implementing bill'' has the meaning given such term in
section 2191(b)(1) of this title.
(5) The term ''international trade'' includes, but is not limited to
--
(A) trade in both goods and services, and
(B) foreign direct investment by United States persons, especially if
such investment has implications for trade in goods and services.
(6) The term ''state trading enterprise'' means --
(A) any agency, instrumentality, or administrative unit of a foreign
country which --
(i) purchases goods or services in international trade for any
purpose other than the use of such goods or services by such agency,
instrumentality, administrative unit, or foreign country, or
(ii) sells goods or services in international trade; or
(B) any business firm which --
(i) is substantially owned or controlled by a foreign country or any
agency, instrumentality, or administrative unit thereof,
(ii) is granted (formally or informally) any special or exclusive
privilege by such foreign country, agency, instrumentality, or
administrative unit, and
(iii) purchases goods or services in international trade for any
purpose other than the use of such goods or services by such foreign
country, agency, instrumentality, or administrative unit, or which sells
goods or services in international trade.
(Pub. L. 100-418, title I, 1107, Aug. 23, 1988, 102 Stat. 1134.)
This chapter, referred to in text, was in the original ''this part'',
meaning part 1 ( 1101 to 1107) of subtitle A of title I of Pub. L.
100-418, which enacted this chapter and amended sections 2131, 2133, and
2191 of this title. For complete classification of part 1 to the Code,
see Tables.
Section is comprised of subsec. (a) of section 1107 of Pub. L.
100-418. Subsec. (b) of section 1107 of Pub. L. 100-418 amended
sections 2131 and 2191 of this title.
19 USC CHAPTER 18 -- IMPLEMENTATION OF HARMONIZED TARIFF SCHEDULE
TITLE 19 -- CUSTOMS DUTIES
Sec.
3001. Purposes.
3002. Definitions.
3003. Congressional approval of United States accession to the
Convention.
(a) Congressional approval.
(b) Acceptance of final legal text of Convention by President.
(c) Unspecified private remedies not created.
(d) Termination.
3004. Enactment of Harmonized Tariff Schedule.
(a) Omitted.
(b) Modifications to Harmonized Tariff Schedule.
(c) Status of Harmonized Tariff Schedule.
(d) Interim informational use of Harmonized Tariff Schedule
classifications.
3005. Commission review of, and recommendations regarding,
Harmonized Tariff Schedule.
(a) In general.
(b) Agency and public views regarding recommendations.
(c) Submission of recommendations.
(d) Requirements regarding recommendations.
3006. Presidential action on Commission recommendations.
(a) In general.
(b) Lay-over period.
(c) Effective date of modifications.
3007. Publication of Harmonized Tariff Schedule.
(a) In general.
(b) Content.
3008. Import and export statistics.
3009. Coordination of trade policy and Convention.
3010. United States participation on Customs Cooperation Council
regarding Convention.
(a) Principal United States agencies.
(b) Development of technical proposals.
(c) Availability of Customs Cooperation Council publications.
3011. Transition to Harmonized Tariff Schedule.
(a) Existing executive actions.
(b) Generalized system of preferences conversion.
(c) Import restrictions under Agricultural Adjustment Act.
(d) Certain protests and petitions under customs law.
3012. Reference to Harmonized Tariff Schedule.
19 USC 3001. Purposes
TITLE 19 -- CUSTOMS DUTIES
The purposes of this chapter are --
(1) to approve the International Convention on the Harmonized
Commodity Description and Coding System;
(2) to implement in United States law the nomenclature established
internationally by the Convention; and
(3) to provide that the Convention shall be treated as a trade
agreement obligation of the United States.
(Pub. L. 100-418, title I, 1201, Aug. 23, 1988, 102 Stat. 1147.)
This chapter, referred to in text, was in the original ''this
subtitle'', meaning subtitle B ( 1201 to 1217) of title I of Pub. L.
100-418, which enacted this chapter, amended sections 58c, 1312, 1315,
1321, 1337, 1466, 1498, 2011, 2138, 2253, 2434, 2437, 2481, 2483, 2581,
2702, and 2703 of this title, sections 511r, 1444, 1783, and 1784 of
Title 7, Agriculture, section 374 of Title 10, Armed Forces, section 301
of Title 13, Census, sections 1274, 2064, 2066, 2602, and 2612 of Title
15, Commerce and Trade, sections 1606a and 3912 of Title 16,
Conservation, sections 41 and 951 of Title 21, Food and Drugs, section
5059 of Title 22, Foreign Relations and Intercourse, sections 7652 and
9504 of Title 26, Internal Revenue Code, section 1295 of Title 28,
Judiciary and Judicial Procedure, and section 98h-4 of Title 50, War and
National Defense, and enacted provisions set out as notes under sections
1202, 3001, and 3005 of this title, and amended provisions set out as
notes preceding section 1202 and under section 2112 of this title. For
complete classification of subtitle B to the Code, see Tables.
Section 1217 of Pub. L. 100-418 provided that:
''(a) Accession to Convention and Provisions Other Than the
Implementation of the Harmonized Tariff Schedule. -- Except as provided
in subsection (b), the provisions of this subtitle (subtitle B (
1201-1217) of title I of Pub. L. 100-418, see References in Text note
above) take effect on the date of the enactment of the Omnibus Trade and
Competitiveness Act of 1988 (Aug. 23, 1988).
''(b) Implementation of the Harmonized Tariff Schedule. -- The
effective date of the Harmonized Tariff Schedule is January 1, 1989. On
such date --
''(1) the amendments made by sections 1204(a), 1213, 1214, and 1215
(amending sections 58c, 1312, 1315, 1321, 1337, 1466, 1498, 2011, 2138,
2253, 2434, 2437, 2481, 2483, 2581, 2702, and 2703 of this title,
sections 511r, 1444, 1783, and 1784 of Title 7, Agriculture, section 374
of Title 10, Armed Forces, section 301 of Title 13, Census, sections
1274, 2064, 2066, 2602, and 2612 of Title 15, Commerce and Trade,
sections 1606a and 3912 of Title 16, Conservation, sections 41 and 951
of Title 21, Food and Drugs, section 5059 of Title 22, Foreign Relations
and Intercourse, sections 7652 and 9504 of Title 26, Internal Revenue
Code, section 1295 of Title 28, Judiciary and Judicial Procedure, and
section 98h-4 of Title 50, War and National Defense, and amending
provisions set out as notes preceding section 1202 and under section
2112 of this title) take effect and apply with respect to articles
entered on or after such date; and
''(2) sections 1204(c), 1211, and 1212 (enacting sections 3004(c),
3011, and 3012 of this title) take effect.''
19 USC 3002. Definitions
TITLE 19 -- CUSTOMS DUTIES
As used in this chapter:
(1) The term ''Commission'' means the United States International
Trade Commission.
(2) The term ''Convention'' means the International Convention on the
Harmonized Commodity Description and Coding System, done at Brussels on
June 14, 1983, and the Protocol thereto, done at Brussels on June 24,
1986, submitted to the Congress on June 15, 1987.
(3) The term ''entered'' means entered, or withdrawn from warehouse
for consumption, in the customs territory of the United States.
(4) The term ''Federal agency'' means any establishment in the
executive branch of the United States Government.
(5) The term ''old Schedules'' means title I of the Tariff Act of
1930 (19 U.S.C. 1202) as in effect on the day before the effective date
of the amendment to such title under section 1204(a).
(6) The term ''technical rectifications'' means rectifications of an
editorial character or minor technical or clerical changes which do not
affect the substance or meaning of the text, such as --
(A) errors in spelling, numbering, or punctuation;
(B) errors in indentation;
(C) errors (including inadvertent omissions) in cross-references to
headings or subheadings or notes; and
(D) other clerical or typographical errors.
(Pub. L. 100-418, title I, 1202, Aug. 23, 1988, 102 Stat. 1147.)
This chapter, referred to in text, was in the original ''this
subtitle'', meaning subtitle B ( 1201 to 1217) of title I of Pub. L.
100-418, which is classified principally to this chapter. For complete
classification of this subtitle to the Code, see References in Text note
set out under section 3001 of this title and Tables.
Title I of the Tariff Act of 1930 (19 U.S.C. 1202) as in effect on
the day before the effective date of the amendment to such title under
section 1204(a), referred to in par. (5), is title I of act June 17,
1930, ch. 497, 46 Stat. 590, as in effect on the day before Jan. 1,
1989. Title I of the Tariff Act of 1930 which comprised the Tariff
Schedules of the United States was not set out in the Code.
19 USC 3003. Congressional approval of United States accession to the
Convention
TITLE 19 -- CUSTOMS DUTIES
(a) Congressional approval
The Congress approves the accession by the United States of America
to the Convention.
(b) Acceptance of final legal text of Convention by President
The President may accept for the United States the final legal
instruments embodying the Convention. The President shall submit a copy
of each final instrument to the Congress on the date it becomes
available.
(c) Unspecified private remedies not created
Neither the entry into force with respect to the United States of the
Convention nor the enactment of this chapter may be construed as
creating any private right of action or remedy for which provision is
not explicitly made under this chapter or under other laws of the United
States.
(d) Termination
The provisions of section 2135(a) of this title do not apply to the
Convention.
(Pub. L. 100-418, title I, 1203, Aug. 23, 1988, 102 Stat. 1148.)
This chapter, referred to in subsec. (c), was in the original ''this
subtitle'', meaning subtitle B ( 1201 to 1217) of title I of Pub. L.
100-418, which is classified principally to this chapter. For complete
classification of this subtitle to the Code, see References in Text note
set out under section 3001 of this title and Tables.
19 USC 3004. Enactment of Harmonized Tariff Schedule
TITLE 19 -- CUSTOMS DUTIES
(a) Omitted
(b) Modifications to Harmonized Tariff Schedule
At the earliest practicable date after August 23, 1988, the President
shall --
(1) proclaim such modifications to the Harmonized Tariff Schedule as
are consistent with the standards applied in converting the old
Schedules into the format of the Convention, as reflected in such
Publication No. 2030 and Supplement No. 1. /1/ thereto, and as are
necessary or appropriate to implement --
(A) the future outstanding staged rate reductions authorized by the
Congress in --
(i) the Trade Act of 1974 (19 U.S.C. 2101 et seq.) and the Trade
Agreements Act of 1979 (19 U.S.C. 2501 et seq.) to reflect the tariff
reductions that resulted from the Tokyo Round of multilateral trade
negotiations, and
(ii) the United States-Israel Free Trade Area Implementation Act of
1985 (19 U.S.C. 2112 note) to reflect the tariff reduction resulting
from the United States-Israel Free Trade Area Agreement,
(B) the applicable provisions of --
(i) statutes enacted,
(ii) executive actions taken, and
(iii) final judicial decisions rendered,
after January 1, 1988, and before January 1, 1989, and
(C) such technical rectifications as the President considers
necessary; and
(2) take such action as the President considers necessary to bring
trade agreements to which the United States is a party into conformity
with the Harmonized Tariff Schedule.
(c) Status of Harmonized Tariff Schedule
(1) The following shall be considered to be statutory provisions of
law for all purposes:
(A) The provisions of the Harmonized Tariff Schedule as enacted by
this chapter.
(B) Each statutory amendment to the Harmonized Tariff Schedule.
(C) Each modification or change made to the Harmonized Tariff
Schedule by the President under authority of law (including section 604
of the Trade Act of 1974 (19 U.S.C. 2483)).
(2) Neither the enactment of this chapter nor the subsequent
enactment of any amendment to the Harmonized Tariff Schedule, unless
such subsequent enactment otherwise provides, may be construed as
limiting the authority of the President --
(A) to effect the import treatment necessary or appropriate to carry
out, modify, withdraw, suspend, or terminate, in whole or in part, trade
agreements; or
(B) to take such other actions through the modification, continuance,
or imposition of any rate of duty or other import restriction as may be
necessary or appropriate under the authority of the President.
(3) If a rate of duty established in column 1 by the President by
proclamation or Executive order is higher than the existing rate of duty
in column 2, the President may by proclamation or Executive order
increase such existing rate to the higher rate.
(4) If a rate of duty is suspended or terminated by the President by
proclamation or Executive order and the proclamation or Executive order
does not specify the rate that is to apply in lieu of the suspended or
terminated rate, the last rate of duty that applied prior to the
suspended or terminated rate shall be the efffective /2/ rate of duty.
(d) Interim informational use of Harmonized Tariff Schedule
classifications
Each --
(1) proclamation issued by the President;
(2) public notice issued by the Commission or other Federal agency;
and
(3) finding, determination, order, recommendation, or other decision
made by the Commission or other Federal agency;
during the period between August 23, 1988, and January 1, 1989,
shall, if the proclamation, notice, or decision contains a reference to
the tariff classification of any article, include, for informational
purposes, a reference to the classification of that article under the
Harmonized Tariff Schedule.
(Pub. L. 100-418, title I, 1204, Aug. 23, 1988, 102 Stat. 1148.)
The Harmonized Tariff Schedule, referred to in text, is not set out
in the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.
The Trade Act of 1974, referred to in subsec. (b)(1)(A)(i), is Pub.
L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is
classified principally to chapter 12 ( 2101 et seq.) of this title. For
complete classification of this Act to the Code, see References in Text
note set out under section 2101 of this title and Tables.
The Trade Agreements Act of 1979, referred to in subsec.
(b)(1)(A)(i), is Pub. L. 96-39, July 26, 1979, 93 Stat. 144, as
amended. For complete classification of this Act to the Code, see
References in Text note set out under section 2501 of this title and
Tables.
The United States-Israel Free Trade Area Implementation Act of 1985,
referred to in subsec. (b)(1)(A)(ii), is Pub. L. 99-47, June 11, 1985,
99 Stat. 82, as amended, which amended sections 2112, 2462 to 2464, and
2518 of this title, and enacted and amended provisions set out as notes
under section 2112 of this title. For complete classification of this
Act to the Code, see Short Title note set out under section 2112 of this
title and Tables.
This chapter, referred to in subsec. (c)(1)(A), (2), was in the
original ''this subtitle'', meaning subtitle B ( 1201 to 1217) of title
I of Pub. L. 100-418, which is classified principally to this chapter.
For complete classification of this subtitle to the Code, see References
in Text note set out under section 3001 of this title and Tables.
Section is comprised of section 1204 of Pub. L. 100-418. Subsec.
(a) of section 1204 of Pub. L. 100-418 amended title I of the Tariff
Act of 1930, act June 17, 1930, ch. 497, title I, 46 Stat. 590. See
note set out preceding section 1202 of this title.
Subsecs. (b) and (d) effective Aug. 23, 1988, and subsec. (c)
effective Jan. 1, 1989, see section 1217(a), (b)(2) of Pub. L.
100-418, set out as a note under section 3001 of this title.
/1/ So in original.
/2/ So in original. Probably should be ''effective''.
19 USC 3005. Commission review of, and recommendations regarding,
Harmonized Tariff Schedule
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The Commission shall keep the Harmonized Tariff Schedule under
continuous review and periodically, at such time as amendments to the
Convention are recommended by the Customs Cooperation Council for
adoption, and as other circumstances warrant, shall recommend to the
President such modifications in the Harmonized Tariff Schedule as the
Commission considers necessary or appropriate --
(1) to conform the Harmonized Tariff Schedule with amendments made to
the Convention;
(2) to promote the uniform application of the Convention and
particularly the Annex thereto;
(3) to ensure that the Harmonized Tariff Schedule is kept up-to-date
in light of changes in technology or in patterns of international trade;
(4) to alleviate unnecessary administrative burdens; and
(5) to make technical rectifications.
(b) Agency and public views regarding recommendations
In formulating recommendations under subsection (a) of this section,
the Commission shall solicit, and give consideration to, the views of
interested Federal agencies and the public. For purposes of obtaining
public views, the Commission --
(1) shall give notice of the proposed recommendations and afford
reasonable opportunity for interested parties to present their views in
writing; and
(2) may provide for a public hearing.
(c) Submission of recommendations
The Commission shall submit recommendations under this section to the
President in the form of a report that shall include a summary of the
information on which the recommendations were based, together with a
statement of the probable economic effect of each recommended change on
any industry in the United States. The report also shall include a copy
of all written views submitted by interested Federal agencies and a copy
or summary, prepared by the Commission, of the views of all other
interested parties.
(d) Requirements regarding recommendations
The Commission may not recommend any modification to the Harmonized
Tariff Schedule unless the modification meets the following
requirements:
(1) The modification must --
(A) be consistent with the Convention or any amendment thereto
recommended for adoption;
(B) be consistent with sound nomenclature principles; and
(C) ensure substantial rate neutrality.
(2) Any change to a rate of duty must be consequent to, or
necessitated by, nomenclature modifications that are recommended under
this section.
(3) The modification must not alter existing conditions of
competition for the affected United States industry, labor, or trade.
(Pub. L. 100-418, title I, 1205, Aug. 23, 1988, 102 Stat. 1150.)
The Harmonized Tariff Schedule, referred to in subsecs. (a) and (d),
is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
Section 1216 of Pub. L. 100-418 required Commission, in consultation
with other appropriate Federal agencies, to prepare and submit to
Congress and President a report regarding operation of subtitle B (
1201-1217) of title I of Pub. L. 100-418, during the 12-month period
commencing on effective date of Harmonized Tariff Schedule, Jan. 1,
1989, said report to be submitted to Congress and President before close
of 6-month period beginning on day after last day of such 12-month
period.
19 USC 3006. Presidential action on Commission recommendations
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The President may proclaim modifications, based on the
recommendations by the Commission under section 3005 of this title, to
the Harmonized Tariff Schedule if the President determines that the
modifications --
(1) are in conformity with United States obligations under the
Convention; and
(2) do not run counter to the national economic interest of the
United States.
(b) Lay-over period
(1) The President may proclaim a modification under subsection (a) of
this section only after the expiration of the 60-day period beginning on
the date on which the President submits a report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate that sets forth the proposed modification and the
reasons therefor.
(2) The 60-day period referred to in paragraph (1) shall be computed
by excluding --
(A) the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain or an adjournment of
the Congress sine die; and
(B) any Saturday and Sunday, not excluded under subparagraph (A),
when either House is not in session.
(c) Effective date of modifications
Modifications proclaimed by the President under subsection (a) of
this section may not take effect before the 15th day after the date on
which the text of the proclamation is published in the Federal Register.
(Pub. L. 100-418, title I, 1206, Aug. 23, 1988, 102 Stat. 1151.)
The Harmonized Tariff Schedule, referred to in subsec. (a), is not
set out in the Code. See Publication of Harmonized Tariff Schedule note
set out under section 1202 of this title.
Memorandum of President of the United States, Dec. 12, 1991, 56 F.R.
65413, provided:
Memorandum for the United States Trade Representative
By virtue of the authority vested in me by the Constitution and laws
of the United States, including section 301 of title 3 of the United
States Code and the Omnibus Trade and Competitiveness Act of 1988
(Public Law 100-418) (''the Act'') (see Tables for classification), you
are hereby delegated the functions vested in me by section 1206(b) of
the Act (19 U.S.C. 3006(b)), to submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance of
the Senate reports that set forth proposed modifications to the
Harmonized Tariff Schedule (see 19 U.S.C. 1202) and the reasons
therefor.
The President shall retain the authority under section 1206 of the
Act to proclaim modifications to the Harmonized Tariff Schedule after
the layover period specified in section 1206(b) has expired.
You are authorized and directed to publish this memorandum in the
Federal Register.
George Bush.
19 USC 3007. Publication of Harmonized Tariff Schedule
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The Commission shall compile and publish, at appropriate intervals,
and keep up to date the Harmonized Tariff Schedule and related
information in the form of printed copy; and, if, in its judgment, such
format would serve the public interest and convenience --
(1) in the form of microfilm images; or
(2) in the form of electronic media.
(b) Content
Publications under subsection (a) of this section, in whatever
format, shall contain --
(1) the then current Harmonized Tariff Schedule;
(2) statistical annotations and related statistical information
formulated under section 1484(e) of this title; and
(3) such other matters as the Commission considers to be necessary or
appropriate to carry out the purposes enumerated in the Preamble to the
Convention.
(Pub. L. 100-418, title I, 1207, Aug. 23, 1988, 102 Stat. 1151.)
The Harmonized Tariff Schedule, referred to in subsecs. (a) and
(b)(1), is not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of this title.
19 USC 3008. Import and export statistics
TITLE 19 -- CUSTOMS DUTIES
The Secretary of Commerce shall compile, and make publicly available,
the import and export trade statistics of the United States. Such
statistics shall be conformed to the nomenclature of the Convention.
(Pub. L. 100-418, title I, 1208, Aug. 23, 1988, 102 Stat. 1152.)
19 USC 3009. Coordination of trade policy and Convention
TITLE 19 -- CUSTOMS DUTIES
The United States Trade Representative is responsible for
coordination of United States trade policy in relation to the
Convention. Before formulating any United States position with respect
to the Convention, including any proposed amendments thereto, the United
States Trade Representative shall seek, and consider, information and
advice from interested parties in the private sector (including a
functional advisory committee) and from interested Federal agencies.
(Pub. L. 100-418, title I, 1209, Aug. 23, 1988, 102 Stat. 1152.)
19 USC 3010. United States participation on Customs Cooperation
Council regarding Convention
TITLE 19 -- CUSTOMS DUTIES
(a) Principal United States agencies
(1) Subject to the policy direction of the Office of the United
States Trade Representative under section 3009 of this title, the
Department of the Treasury, the Department of Commerce, and the
Commission shall, with respect to the activities of the Customs
Cooperation Council relating to the Convention --
(A) be primarily responsible for formulating United States Government
positions on technical and procedural issues; and
(B) represent the United States Government.
(2) The Department of Agriculture and other interested Federal
agencies shall provide to the Department of the Treasury, the Department
of Commerce, and the Commission technical advice and assistance relating
to the functions referred to in paragraph (1).
(b) Development of technical proposals
(1) In connection with responsibilities arising from the
implementation of the Convention and under section 1484(e) of this title
regarding United States programs for the development of adequate and
comparable statistical information on merchandise trade, the Secretary
of the Treasury, the Secretary of Commerce, and the Commission shall
prepare technical proposals that are appropriate or required to assure
that the United States contribution to the development of the Convention
recognizes the needs of the United States business community for a
Convention which reflects sound principles of commodity identification,
modern producing methods, and current trading patterns and practices.
(2) In carrying out this subsection, the Secretary of the Treasury,
the Secretary of Commerce, and the Commission shall --
(A) solicit and consider the views of interested parties in the
private sector (including a functional advisory committee) and of
interested Federal agencies;
(B) establish procedures for reviewing, and developing appropriate
responses to, inquiries and complaints from interested parties
concerning articles produced in and exported from the United States;
and
(C) where appropriate, establish procedures for --
(i) ensuring that the dispute settlement provisions and other
relevant procedures available under the Convention are utilized to
promote United States export interests, and
(ii) submitting classification questions to the Harmonized System
Committee of the Customs Cooperation Council.
(c) Availability of Customs Cooperation Council publications
As soon as practicable after August 23, 1988, and periodically
thereafter as appropriate, the Commission shall see to the publication
of --
(1) summary records of the Harmonized System Committee of the Customs
Cooperation Council; and
(2) subject to applicable copyright laws, the Explanatory Notes,
Classification Opinions, and other instruments of the Customs
Cooperation Council relating to the Convention.
(Pub. L. 100-418, title I, 1210, Aug. 23, 1988, 102 Stat. 1152.)
19 USC 3011. Transition to Harmonized Tariff Schedule
TITLE 19 -- CUSTOMS DUTIES
(a) Existing executive actions
(1) The appropriate officers of the United States Government shall
take whatever actions are necessary to conform, to the fullest extent
practicable, with the tariff classification system of the Harmonized
Tariff Schedule all proclamations, regulations, rulings, notices,
findings, determinations, orders, recommendations, and other written
actions that --
(A) are in effect on the day before January 1, 1989; and
(B) contain references to the tariff classification of articles under
the old Schedules.
(2) Neither the repeal of the old Schedules, nor the failure of any
officer of the United States Government to make the conforming changes
required under paragraph (1), shall affect to any extent the validity or
effect of the proclamation, regulation, ruling, notice, finding,
determination, order, recommendation, or other action referred to in
paragraph (1).
(b) Generalized System of Preferences conversion
(1) The review of the proposed conversion of the Generalized System
of Preferences program to the Convention tariff nomenclature, initiated
by the Office of the United States Trade Representative by notice
published in the Federal Register on December 8, 1986 (at page 44,163 of
volume 51 thereof), shall be treated as satisfying the requirements of
sections 2463(a) and 2464(c)(3) of this title.
(2) In applying section 2464(c)(1) of this title for calendar year
1989, the reference in such section to July 1 shall be treated as a
reference to September 1.
(c) Import restrictions under Agricultural Adjustment Act
(1) Whenever the President determines that the conversion of an
import restriction proclaimed under section 22 of the Agricultural
Adjustment Act (7 U.S.C. 624) from part 3 of the Appendix to the old
Schedules to subchapter IV of chapter 99 of the Harmonized Tariff
Schedule results in --
(A) an article that was previously subject to the restriction being
excluded from the restriction; or
(B) an article not previously subject to the restriction being
included within the restriction;
the President may proclaim changes in subchapter IV of chapter 99 of
the Harmonized Tariff Schedule to conform that subchapter to the fullest
extent possible to part 3 of the Appendix to the old Schedules.
(2) Whenever the President determines that the conversion from
headnote 2 of subpart A of part 10 of schedule 1 of the old Schedules to
Additional U.S. Note 2, chapter 17, of the Harmonized Tariff Schedule
results in --
(A) an article that was previously covered by such headnote being
excluded from coverage; or
(B) an article not previously covered by such headnote being included
in coverage;
the President may proclaim changes in Additional U.S. Note 2, chapter
17 of the Harmonized Tariff Schedule to conform that note to the fullest
extent possible to headnote 2 of subpart A of part 10 of schedule 1 of
the old Schedules.
(3) No change to the Harmonized Tariff Schedule may be proclaimed
under paragraph (1) or (2) after June 30, 1990.
(d) Certain protests and petitions under customs law
(1)(A) This chapter may not be considered to divest the courts of
jurisdiction over --
(i) any protest filed under section 1514 of this title; or
(ii) any petition by an American manufacturer, producer, or
wholesaler under section 1516 of this title;
covering articles entered before January 1, 1989.
(B) Nothing in this chapter shall affect the jurisdiction of the
courts with respect to articles entered after January 1, 1989.
(2)(A) If any protest or petition referred to in paragraph (1)(A) is
sustained in whole or in part by a final judicial decision, the entries
subject to that protest or petition and made before January 1, 1989,
shall be liquidated or reliquidated, as appropriate, in accordance with
such final judicial decision under the old Schedules.
(B) At the earliest practicable date after January 1, 1989, the
Commission shall initiate an investigation under section 1332 of this
title of those final judicial decisions referred to in subparagraph (A)
that --
(i) are published during the 2-year period beginning on February 1,
1988; and
(ii) would have affected tariff treatment if they had been published
during the period of the conversion of the old Schedules into the format
of the Convention.
No later than September 1, 1990, the Commission shall report the
results of the investigation to the President, the Committee on Ways and
Means, and the Committee on Finance, and shall recommend those changes
to the Harmonized Tariff Schedule that the Commission would have
recommended if the final decisions concerned had been made before the
conversion into the format of the Convention occurred.
(3) The President shall review all changes recommended by the
Commission under paragraph (2)(B) and shall, as soon as practicable,
proclaim such of those changes, if any, which he decides are necessary
or appropriate to conform such Schedule to the final judicial decisions.
Any such change shall be effective with respect to --
(A) entries made on or after the date of such proclamation; and
(B) entries made on or after January 1, 1989, if, notwithstanding
section 1514 of this title, application for liquidation or reliquidation
thereof is made by the importer to the customs officer concerned within
180 days after the effective date of such proclamation.
(4) If any protest or petition referred to in paragraph (1)(A) is not
sustained in whole or in part by a final judicial decision, the entries
subject to that petition or protest and made before January 1, 1989,
shall be liquidated or reliquidated, as appropriate, in accordance with
the final judicial decision under the old Schedules.
(Pub. L. 100-418, title I, 1211, Aug. 23, 1988, 102 Stat. 1153.)
The Harmonized Tariff Schedule, referred to in subsecs. (a)(1), (c),
and (d)(2)(B), (3), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
This chapter, referred to in subsec. (d)(1), was in the original
''this subtitle'', meaning subtitle B ( 1201-1217) of title I of Pub.
L. 100-418, which is classified principally to this chapter. For
complete classification of this subtitle to the Code, see References in
Text note set out under section 3001 of this title and Tables.
Section effective Jan. 1, 1989, see section 1217(b)(2) of Pub. L.
100-418, set out as a note under section 3001 of this title.
19 USC 3012. Reference to Harmonized Tariff Schedule
TITLE 19 -- CUSTOMS DUTIES
Any reference in any law to the ''Tariff Schedules of the United
States'', ''the Tariff Schedules'', ''such Schedules'', and any other
general reference that clearly refers to the old Schedules shall be
treated as a reference to the Harmonized Tariff Schedule.
(Pub. L. 100-418, title I, 1212, Aug. 23, 1988, 102 Stat. 1155.)
The Harmonized Tariff Schedule, referred to in text, is not set out
in the Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.
Section effective Jan. 1, 1989, see section 1217(b)(2) of Pub. L.
100-418, set out as a note under section 3001 of this title.
19 USC CHAPTER 19 -- TELECOMMUNICATIONS TRADE
TITLE 19 -- CUSTOMS DUTIES
Sec.
3101. Findings and purposes.
(a) Findings.
(b) Purposes.
3102. Definitions.
3103. Investigation of foreign telecommunications trade barriers.
(a) In general.
(b) Factors to be taken into account.
(c) Revocations and additional identifications.
(d) Report to Congress.
3104. Negotiations in response to investigation.
(a) In general.
(b) Establishment of specific negotiating objectives for each foreign
priority country.
(c) General negotiating objectives.
(d) Specific negotiating objectives.
3105. Actions to be taken if no agreement obtained.
(a) In general.
(b) Actions authorized.
(c) Negotiating period.
(d) Modification and termination authority.
(e) Report.
3106. Review of trade agreement implementation by Trade
Representative.
(a) In general.
(b) Review factors.
(c) Action in response to affirmative determination.
3107. Compensation authority.
3108. Consultations.
(a) Advice from departments and agencies.
(b) Advice from private sector.
(c) Consultations with Congress and official advisors.
(d) Modification of specific negotiating objectives.
3109. Submission of data; action to ensure compliance.
(a) Submission of data.
(b) Action to ensure compliance.
3110. Study on telecommunications competitiveness in United States.
(a) In general.
(b) Public comment.
(c) Report.
3111. International obligations.
19 USC 3101. Findings and purposes
TITLE 19 -- CUSTOMS DUTIES
(a) Findings
The Congress finds that --
(1) rapid growth in the world market for telecommunications products
and services is likely to continue for several decades;
(2) the United States can improve prospects for --
(A) the growth of --
(i) United States exports of telecommunications products and
services, and
(ii) export-related employment and consumer services in the United
States, and
(B) the continuance of the technological leadership of the United
States,
by undertaking a program to achieve an open world market for trade in
telecommunications products, services, and investment;
(3) most foreign markets for telecommunications products, services,
and investment are characterized by extensive government intervention
(including restrictive import practices and discriminatory procurement
practices) which adversely affect United States exports of
telecommunications products and services and United States investment in
telecommunications;
(4) the open nature of the United States telecommunications market,
accruing from the liberalization and restructuring of such market, has
contributed, and will continue to contribute, to an increase in imports
of telecommunications products and a growing imbalance in competitive
opportunities for trade in telecommunications;
(5) unless this imbalance is corrected through the achievement of
mutually advantageous market opportunities for trade in
telecommunications products and services between the United States and
foreign countries, the United States should avoid granting continued
open access to the telecommunications products and services of such
foreign countries in the United States market; and
(6) the unique business conditions in the worldwide market for
telecommunications products and services caused by the combination of
deregulation and divestiture in the United States, which represents a
unilateral liberalization of United States trade with the rest of the
world, and continuing government intervention in the domestic industries
of many other countries create a need to make an exception in the case
of telecommunications products and services that should not necessarily
be a precedent for legislating specific sectoral priorities in combating
the closed markets or unfair foreign trade practices of other countries.
(b) Purposes
The purposes of this chapter are --
(1) to foster the economic and technological growth of, and
employment in, the United States telecommunications industry;
(2) to secure a high quality telecommunications network for the
benefit of the people of the United States;
(3) to develop an international consensus in favor of open trade and
competition in telecommunications products and services;
(4) to ensure that countries which have made commitments to open
telecommunications trade fully abide by those commitments; and
(5) to achieve a more open world trading system for
telecommunications products and services through negotiation and
provision of mutually advantageous market opportunities for United
States telecommunications exporters and their subsidiaries in those
markets in which barriers exist to free international trade.
(Pub. L. 100-418, title I, 1372, Aug. 23, 1988, 102 Stat. 1216.)
Section 1371 of Pub. L. 100-418 provided that: ''This part (part 4
( 1371-1382) of subtitle C of title I of Pub. L. 100-418, enacting this
chapter) may be cited as the 'Telecommunications Trade Act of 1988'.''
19 USC 3102. Definitions
TITLE 19 -- CUSTOMS DUTIES
For purposes of this chapter --
(1) The term ''Trade Representative'' means the United States Trade
Representative.
(2) The term ''telecommunications product'' means --
(A) any paging devices provided for under item 685.65 of such
Schedules, and
(B) any article classified under any of the following item numbers of
such Schedules:
684.57 684.67 685.28 685.39
684.58 684.80 685.30 685.48
684.59 685.16 685.31 688.17
684.65 685.24 685.33 688.41
684.66 685.25 685.34 707.90.
(Pub. L. 100-418, title I, 1373, Aug. 23, 1988, 102 Stat. 1217.)
Such Schedules, referred to in par. (2), to be treated as a
reference to the Harmonized Tariff Schedule, pursuant to section 3012 of
this title. The Harmonized Tariff Schedule is not set out in the Code.
See Publication of Harmonized Tariff Schedule note set out under section
1202 of this title.
19 USC 3103. Investigation of foreign telecommunications trade
barriers
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The Trade Representative shall conduct an investigation to identify
priority foreign countries. Such investigation shall be concluded by no
later than the date that is 5 months after August 23, 1988.
(b) Factors to be taken into account
In identifying priority foreign countries under subsection (a) of
this section, the Trade Representative shall take into account, among
other relevant factors --
(1) the nature and significance of the acts, policies, and practices
that deny mutually advantageous market opportunities to
telecommunications products and services of United States firms;
(2) the economic benefits (actual and potential) accruing to foreign
firms from open access to the United States market;
(3) the potential size of the market of a foreign country for
telecommunications products and services of United States firms;
(4) the potential to increase United States exports of
telecommunications products and services, either directly or through the
establishment of a beneficial precedent; and
(5) measurable progress being made to eliminate the objectionable
acts, policies, or practices.
(c) Revocations and additional identifications
(1) The Trade Representative may at any time, after taking into
account the factors described in subsection (b) of this section --
(A) revoke the identification of any priority foreign country that
was made under this section, or
(B) identify any foreign country as a priority foreign country under
this section,
if information available to the Trade Representative indicates that
such action is appropriate.
(2) The Trade Representative shall include in the semiannual report
submitted to the Congress under section 2419(3) of this title a detailed
explanation of the reasons for the revocation under paragraph (1) of
this subsection of any identification of any foreign country as a
priority foreign country.
(d) Report to Congress
By no later than the date that is 30 days after the date on which the
investigation conducted under subsection (a) of this section is
completed, the United States Trade Representative shall submit a report
on the investigation to the President and to appropriate committees of
the Congress.
(Pub. L. 100-418, title I, 1374, Aug. 23, 1988, 102 Stat. 1217.)
19 USC 3104. Negotiations in response to investigation
TITLE 19 -- CUSTOMS DUTIES
(a) In general
Upon --
(1) the date that is 30 days after the date on which any foreign
country is identified in the investigation conducted under section
3103(a) of this title as a priority foreign country, and
(2) the date on which any foreign country is identified under section
3103(c)(1)(B) of this title as a priority foreign country,
the President shall enter into negotiations with such priority
foreign country for the purpose of entering into a bilateral or
multilateral trade agreement under chapter 17 of this title which meets
the specific negotiating objectives established by the President under
subsection (b) of this section for such priority foreign country.
(b) Establishment of specific negotiating objectives for each foreign
priority country
(1) The President shall establish such relevant specific negotiating
objectives on a country-by-country basis as are necessary to meet the
general negotiating objectives of the United States under this section.
(2)(A) The President may refine or modify specific negotiating
objectives for particular negotiations in order to respond to
circumstances arising during the negotiating period, including --
(i) changed practices by the priority foreign country,
(ii) tangible substantive developments in multilateral negotiations,
(iii) changes in competitive positions, technological developments,
or
(iv) other relevant factors.
(B) By no later than the date that is 30 days after the date on which
the President makes any modifications or refinements to specific
negotiating objectives under subparagraph (A), the President shall
submit to appropriate committees of the Congress a statement describing
such modifications or refinements and the reasons for such modifications
or refinements.
(c) General negotiating objectives
The general negotiating objectives of the United States under this
section are --
(1) to obtain multilateral or bilateral agreements (or the
modification of existing agreements) that provide mutually advantageous
market opportunities for trade in telecommunications products and
services between the United States and foreign countries;
(2) to correct the imbalances in market opportunities accruing from
reductions in barriers to the access of telecommunications products and
services of foreign firms to the United States market; and
(3) to facilitate the increase in United States exports of
telecommunications products and services to a level of exports that
reflects the competitiveness of the United States telecommunications
industry.
(d) Specific negotiating objectives
The specific negotiating objectives of the United States under this
section regarding telecommunications products and services are to obtain
--
(1) national treatment for telecommunications products and services
that are provided by United States firms;
(2) most-favored-nation treatment for such products and services;
(3) nondiscriminatory procurement policies with respect to such
products and services and the inclusion under the Agreement on
Government Procurement of the procurement (by sale or lease by
government-owned or controlled entities) of all telecommunications
products and services;
(4) the reduction or elimination of customs duties on
telecommunications products;
(5) the elimination of subsidies, violations of intellectual property
rights, and other unfair trade practices that distort international
trade in telecommunications products and services;
(6) the elimination of investment barriers that restrict the
establishment of foreign-owned business entities which market such
products and services;
(7) assurances that any requirement for the registration of
telecommunications products, which are to be located on customer
premises, for the purposes of --
(A) attachment to a telecommunications network in a foreign country,
and
(B) the marketing of the products in a foreign country,
be limited to the certification by the manufacturer that the products
meet the standards established by the foreign country for preventing
harm to the network or network personnel;
(8) transparency of, and open participation in, the standards-setting
processes used in foreign countries with respect to telecommunications
products;
(9) the ability to have telecommunications products, which are to be
located on customer premises, approved and registered by type, and, if
appropriate, the establishment of procedures between the United States
and foreign countries for the mutual recognition of type approvals;
(10) access to the basic telecommunications network in foreign
countries on reasonable and nondiscriminatory terms and conditions
(including nondiscriminatory prices) for the provision of value-added
services by United States suppliers;
(11) the nondiscriminatory procurement of telecommunications products
and services by foreign entities that provide local exchange
telecommunications services which are owned, controlled, or, if
appropriate, regulated by foreign governments; and
(12) monitoring and effective dispute settlement mechanisms to
facilitate compliance with matters referred to in the preceding
paragraphs of this subsection.
(Pub. L. 100-418, title I, 1375, Aug. 23, 1988, 102 Stat. 1218.)
Chapter 17 of this title, referred to in subsec. (a), was in the
original ''part 1 of subtitle A'', meaning part 1 ( 1101-1117) of
subtitle A of title I of Pub. L. 100-418, Aug. 23, 1988, 102 Stat.
1121, which enacted chapter 17 ( 2901 et seq.) of this title and amended
sections 2131, 2133, and 2191 of this title. For complete
classification of part 1 to the Code, see Tables.
Functions of President under this section relating to certain
telecommunications negotiations delegated to United States Trade
Representative, see section 1-401 of Ex. Ord. No. 12661, Dec. 27,
1988, 54 F.R. 779, set out as a note under section 2901 of this title.
19 USC 3105. Actions to be taken if no agreement obtained
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) If the President is unable, before the close of the negotiating
period, to enter into an agreement under subtitle A with any priority
foreign country identified under section 3103 of this title which
achieves the general negotiating objectives described in section 3104(b)
of this title as defined by the specific objectives established by the
President for that country, the President shall take whatever actions
authorized under subsection (b) of this section that are appropriate and
most likely to achieve such general negotiating objectives.
(2) In taking actions under paragraph (1), the President shall first
take those actions which most directly affect trade in
telecommunications products and services with the priority foreign
country referred to in paragraph (1), unless the President determines
that actions against other economic sectors would be more effective in
achieving the general negotiating objectives referred to in paragraph
(1).
(b) Actions authorized
(1) The President is authorized to take any of the following actions
under subsection (a) of this section with respect to any priority
foreign country:
(A) termination, withdrawal, or suspension of any portion of any
trade agreement entered into with such country under --
(i) the Trade Act of 1974 (19 U.S.C. 2101 et seq.),
(ii) section 1821 of this title, or
(iii) section 1351 of this title,
with respect to any duty or import restriction imposed by the United
States on any telecommunications product;
(B) actions described in section 301 of the Trade Act of 1974 (19
U.S.C. 2411);
(C) prohibition of purchases by the Federal Government of
telecommunications products of such country;
(D) increases in domestic preferences under title III of the Act of
March 3, 1933 (41 U.S.C. 10a, et seq.) for purchases by the Federal
Government of telecommunications products of such country;
(E) suspension of any waiver of domestic preferences under title III
of the Act of March 3, 1933 (41 U.S.C. 10a, et seq.) which may have been
extended to such country pursuant to the Trade Agreements Act of 1979
with respect to telecommunications products or any other products;
(F) issuance of orders to appropriate officers and employees of the
Federal Government to deny Federal funds or Federal credits for
purchases of the telecommunications products of such country; and
(G) suspension, in whole or in part, of benefits accorded articles of
such country under title V of the Trade Act of 1974 (19 U.S.C. 2461, et
seq.).
(2) Notwithstanding section 125 of the Trade Act of 1974 (19 U.S.C.
2135) and any other provision of law, if any portion of a trade
agreement described in paragraph (1)(A) is terminated, withdrawn, or
suspended under paragraph (1) with respect to any duty imposed by the
United States on the products of a foreign country, the rate of such
duty that shall apply to such products entered, or withdrawn from
warehouse for consumption, after the date on which such termination,
withdrawal, or suspension takes effect shall be a rate determined by the
President.
(c) Negotiating period
(1) For purposes of this section, the term ''negotiating period''
means --
(A) with respect to a priority foreign country identified in the
investigation conducted under section 3103(a) of this title, the
18-month period beginning on August 23, 1988, and
(B) with respect to any foreign country identified as a priority
foreign country after the conclusion of such investigation, the 1-year
period beginning on the date on which such identification is made.
(2)(A) The negotiating period with respect to a priority foreign
country may be extended for not more than two 1-year periods.
(B) By no later than the date that is 15 days after the date on which
the President extends the negotiating period with respect to any
priority foreign country, the President shall submit to appropriate
committees of the Congress a report on the status of negotiations with
such country that includes --
(i) a finding by the President that substantial progress is being
made in negotiations with such country, and
(ii) a statement detailing the reasons why an extension of such
negotiating period is necessary.
(d) Modification and termination authority
The President may modify or terminate any action taken under
subsection (a) of this section if, after taking into consideration the
factors described in section 3103(b) of this title, the President
determines that changed circumstances warrant such modification or
termination.
(e) Report
The President shall promptly inform the appropriate committees of the
Congress of any action taken under subsection (a) of this section or of
the modification or termination of any such action under subsection (d)
of this section.
(Pub. L. 100-418, title I, 1376, Aug. 23, 1988, 102 Stat. 1220.)
Subtitle A, referred to in subsec. (a)(1), is subtitle A (
1101-1125) of title I of Pub. L. 100-418, Aug. 23, 1988, 102 Stat.
1121. For complete classification of subtitle A to the Code, see Tables.
The Trade Act of 1974, referred to in subsec. (b)(1)(A)(i), (G), is
Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is
classified principally to chapter 12 ( 2101 et seq.) of this title.
Title V of the Trade Act of 1974 is classified generally to subchapter V
( 2461 et seq.) of chapter 12 of this title. For complete
classification of this Act to the Code, see section 2101 of this title
and Tables.
Title III of the Act of March 3, 1933 (41 U.S.C. 10a, et seq.),
referred to in subsec. (b)(1)(D), (E), is act Mar. 3, 1933, ch. 212,
title III, 47 Stat. 1520, as amended, popularly known as the Buy
American Act, which enacted sections 10a to 10c of Title 41, Public
Contracts, and enacted provisions set out as notes under section 10c of
Title 41. For complete classification of this Act to the Code, see
Short Title note set out under section 10a of Title 41 and Tables.
The Trade Agreements Act of 1979, referred to in subsec. (b)(1)(E),
is Pub. L. 96-39, July 26, 1979, 93 Stat. 144. For complete
classification of this Act to the Code, see note set out under section
2501 of this title and Tables.
Functions of President under subsec. (e) of this section relating to
reports to Congressional committees delegated to United States Trade
Representative, see section 1-401 of Ex. Ord. No. 21661, Dec. 27,
1988, 54 F.R. 779, set out as a note under section 2901 of this title.
19 USC 3106. Review of trade agreement implementation by Trade
Representative
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) In conducting the annual analysis under section 181(a) of the
Trade Act of 1974 (19 U.S.C. 2241), the Trade Representative shall
review the operation and effectiveness of --
(A) each trade agreement negotiated by reason of this chapter that is
in force with respect to the United States; and
(B) every other trade agreement regarding telecommunications products
or services that is in force with respect to the United States.
(2) In each review conducted under paragraph (1), the Trade
Representative shall determine whether any act, policy, or practice of
the foreign country that has entered into the agreement described in
paragraph (1) --
(A) is not in compliance with the terms of such agreement, or
(B) otherwise denies, within the context of the terms of such
agreement, to telecommunications products and services of United States
firms mutually advantageous market opportunities in that foreign
country.
(b) Review factors
(1) In conducting reviews under subsection (a) of this section, the
Trade Representative shall consider any evidence of actual patterns of
trade (including United States exports to a foreign country of
telecommunications products and services, including sales and services
related to those products) that do not reflect patterns of trade which
would reasonably be anticipated to flow from the concessions or
commitments of such country based on the international competitive
position and export potential of such products and services.
(2) The Trade Representative shall consult with the United States
International Trade Commission with regard to the actual patterns of
trade described in paragraph (1).
(c) Action in response to affirmative determination
(1) Any affirmative determination made by the Trade Representative
under subsection (a)(2) of this section with respect to any act, policy,
or practice of a foreign country shall, for purposes of chapter 1 of
title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.), be treated
as an affirmative determination under section 304(a)(1)(A) of such Act
(19 U.S.C. 2414(a)(1)(A)) that such act, policy, or practice violates a
trade agreement.
(2) In taking actions under section 301 (19 U.S.C. 2411) by reason of
paragraph (1), the Trade Representative shall first take those actions
which most directly affect trade in telecommunications products and
services with the priority foreign country referred to in paragraph (1),
unless the Trade Representative determines that actions against other
economic sectors would be more effective in achieving compliance by the
foreign country with the trade agreement that is the subject of the
affirmative determination made under subsection (a)(2) of this section.
(Pub. L. 100-418, title I, 1377, Aug. 23, 1988, 102 Stat. 1222.)
The Trade Act of 1974, referred to in subsec. (c)(1), is Pub. L.
93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title
III of the Trade Act of 1974 is classified generally to subchapter III (
2411 et seq.) of chapter 12 of this title. For complete classification
of this Act to the Code, see section 2101 of this title and Tables.
19 USC 3107. Compensation authority
TITLE 19 -- CUSTOMS DUTIES
If --
(1) the President has taken action under section 3105(a) of this
title with respect to any foreign country, and
(2) such action is found to be inconsistent with the international
obligations of the United States, including the General Agreement on
Tariffs and Trade,
the President may enter into trade agreements with such foreign
country for the purpose of granting new concessions as compensation for
such action in order to maintain the general level of reciprocal and
mutually advantageous concessions.
(Pub. L. 100-418, title I, 1378, Aug. 23, 1988, 102 Stat. 1222.)
19 USC 3108. Consultations
TITLE 19 -- CUSTOMS DUTIES
(a) Advice from departments and agencies
Prior to taking any action under this chapter, the President shall
seek information and advice from the interagency trade organization
established under section 1872(a) of this title.
(b) Advice from private sector
Before --
(1) the Trade Representative concludes the investigation conducted
under section 3103(a) of this title or takes action under section
3103(c) of this title,
(2) the President establishes specific negotiating objectives under
section 3104(b) of this title with respect to any foreign country, or
(3) the President takes action under section 3105 of this title,
the Trade Representative shall provide an opportunity for the
presentation of views by any interested party with respect to such
investigation, objectives, or action, including appropriate committees
established pursuant to section 2155 of this title.
(c) Consultations with Congress and official advisors
For purposes of conducting negotiations under section 3104(a) of this
title, the Trade Representative shall keep appropriate committees of the
Congress, as well as appropriate committees established pursuant to
section 2155 of this title, currently informed with respect to --
(1) the negotiating priorities and objectives for each priority
foreign country;
(2) the assessment of negotiating prospects, both bilateral and
multilateral; and
(3) any United States concessions which might be included in
negotiations to achieve the objectives described in subsections (c) and
(d) of section 3104 of this title.
(d) Modification of specific negotiating objectives
Before the President takes any action under section 3104(b)(2)(A) of
this title to refine or modify specific negotiating objectives, the
President shall consult with the Congress and with members of the
industry, and representatives of labor, affected by the proposed
refinement or modification.
(Pub. L. 100-418, title I, 1379, Aug. 23, 1988, 102 Stat. 1223.)
19 USC 3109. Submission of data; action to ensure compliance
TITLE 19 -- CUSTOMS DUTIES
(a) Submission of data
The Federal Communications Commission (hereafter in this section
referred to as the ''Commission'') shall periodically submit to
appropriate committees of the House of Representatives and of the Senate
any data collected and otherwise made public under Report No. DC-1105,
''Information Reporting Requirements Established for Common Carriers'',
adopted February 25, 1988, relating to FCC Docket No. 86-494, adopted
December 23, 1987.
(b) Action to ensure compliance
(1)(A) Any product of a foreign country that is subject to
registration or approval by the Commission may be entered only if --
(i) such product conforms with all applicable rules and regulations
of the Commission, and
(ii) the information which is required on Federal Communications
Commission Form 740 on August 23, 1988, is provided to the appropriate
customs officer at the time of such entry in such form and manner as the
Secretary of the Treasury may prescribe.
(B) For purposes of this paragraph, the term ''entered'' means
entered, or withdrawn from warehouse for consumption, in the customs
territory of the United States.
(2) The Commission, the Secretary of Commerce, and the Trade
Representative shall provide such assistance in the enforcement of
paragraph (1) as the Secretary of the Treasury may request.
(3) The Secretary of the Treasury shall compile the information
collected under paragraph (1)(A)(ii) into a summary and shall annually
submit such summary to the Congress until the authority to negotiate
trade agreements under chapter 17 of this title expires. Such
information shall also be made available to the public.
(Pub. L. 100-418, title I, 1380, Aug. 23, 1988, 102 Stat. 1223.)
Chapter 17 of this title, referred to in subsec. (b)(3), was in the
original ''part 1 of subtitle A'', meaning part 1 ( 1101-1117) of
subtitle A of title I of Pub. L. 100-418, Aug. 23, 1988, 102 Stat.
1121, which enacted chapter 17 ( 2901 et seq.) of this title and amended
sections 2131, 2133, and 2191 of this title. For complete
classification of part 1 to the Code, see Tables.
19 USC 3110. Study on telecommunications competitiveness in United
States
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The Secretary of Commerce, in consultation with the Federal
Communications Commission and the United States Trade Representative,
shall conduct a study of the competitiveness of the United States
telecommunications industry and the effects of foreign
telecommunications policies and practices on such industry in order to
assist the Congress and the President in determining what actions might
be necessary to preserve the competitiveness of the United States
telecommunications industry.
(b) Public comment
The Secretary of Commerce may, as appropriate, provide notice and
reasonable opportunity for public comment as part of the study conducted
under subsection (a) of this section.
(c) Report
The Secretary of Commerce shall, by no later than the date that is 1
year after August 23, 1988, submit to the Congress and the President a
report on the findings and recommendations reached by the Secretary of
Commerce as a result of the study conducted under subsection (a) of this
section. Such report shall be referred to the appropriate committees of
the House of Representatives and of the Senate.
(Pub. L. 100-418, title I, 1381, Aug. 23, 1988, 102 Stat. 1224.)
19 USC 3111. International obligations
TITLE 19 -- CUSTOMS DUTIES
Nothing in this chapter may be construed to require actions
inconsistent with the international obligations of the United States,
including the General Agreement on Tariffs and Trade.
(Pub. L. 100-418, title I, 1382, Aug. 23, 1988, 102 Stat. 1224.)
19 USC CHAPTER 20 -- ANDEAN TRADE PREFERENCE
TITLE 19 -- CUSTOMS DUTIES
Sec.
3201. Authority to grant duty-free treatment.
3202. Beneficiary country.
(a) Definitions.
(b) Countries eligible for designation; congressional notification.
(c) Limitations on designation.
(d) Factors affecting designation.
(e) Withdrawal or suspension of designation.
(f) Triennial report.
3203. Eligible articles.
(a) In general.
(b) Exceptions to duty-free treatment.
(c) Duty reductions for certain goods.
(d) Suspension of duty-free treatment.
(e) Emergency relief with respect to perishable products.
(f) Fees under section 624 of title 7.
3204. International Trade Commission reports on impact of this
chapter.
(a) In general.
(b) Report requirements.
(c) Submission dates; public comment.
3205. Impact study by Secretary of Labor.
3206. Effective date and termination of duty-free treatment.
(a) Effective date.
(b) Termination of duty-free treatment.
19 USC 3201. Authority to grant duty-free treatment
TITLE 19 -- CUSTOMS DUTIES
The President may proclaim duty-free treatment for all eligible
articles from any beneficiary country in accordance with the provisions
of this chapter.
(Pub. L. 102-182, title II, 202, Dec. 4, 1991, 105 Stat. 1236.)
Chapter effective Dec. 4, 1991, and duty-free treatment to expire no
later than 10 years after such date, see section 3206 of this title.
Section 201 of title II of Pub. L. 102-182 provided that: ''This
title (enacting this chapter) may be cited as the 'Andean Trade
Preference Act'.''
19 USC 3202. Beneficiary country
TITLE 19 -- CUSTOMS DUTIES
(a) Definitions
For purposes of this chapter --
(1) The term ''beneficiary country'' means any country listed in
subsection (b)(1) of this section with respect to which there is in
effect a proclamation by the President designating such country as a
beneficiary country for purposes of this chapter.
(2) The term ''entered'' means entered, or withdrawn from warehouse
for consumption, in the customs territory of the United States.
(3) The term ''HTS'' means Harmonized Tariff Schedule of the United
States.
(b) Countries eligible for designation; congressional notification
(1) In designating countries as beneficiary countries under this
chapter, the President shall consider only the following countries or
successor political entities:
Bolivia
Ecuador
Colombia
Peru.
(2) Before the President designates any country as a beneficiary
country for purposes of this chapter, he shall notify the House of
Representatives and the Senate of his intention to make such
designation, together with the considerations entering into such
decision.
(c) Limitations on designation
The President shall not designate any country a beneficiary country
under this chapter --
(1) if such country is a Communist country;
(2) if such country --
(A) has nationalized, expropriated or otherwise seized ownership or
control of property owned by a United States citizen or by a
corporation, partnership, or association which is 50 percent or more
beneficially owned by United States citizens,
(B) has taken steps to repudiate or nullify --
(i) any existing contract or agreement with, or
(ii) any patent, trademark, or other intellectual property of,
a United States citizen or a corporation, partnership, or
association, which is 50 percent or more beneficially owned by United
States citizens, the effect of which is to nationalize, expropriate, or
otherwise seize ownership or control of property so owned, or
(C) has imposed or enforced taxes or other exactions, restrictive
maintenance or operational conditions, or other measures with respect to
property so owned, the effect of which is to nationalize, expropriate,
or otherwise seize ownership or control of such property, unless the
President determines that --
(i) prompt, adequate, and effective compensation has been or is being
made to such citizen, corporation, partnership, or association,
(ii) good-faith negotiations to provide prompt, adequate, and
effective compensation under the applicable provisions of international
law are in progress, or such country is otherwise taking steps to
discharge its obligations under international law with respect to such
citizen, corporation, partnership, or association, or
(iii) a dispute involving such citizen, corporation, partnership, or
association, over compensation for such a seizure has been submitted to
arbitration under the provisions of the Convention for the Settlement of
Investment Disputes, or in another mutually agreed upon forum, and
promptly furnishes a copy of such determination to the Senate and
House of Representatives;
(3) if such country fails to act in good faith in recognizing as
binding or in enforcing arbitral awards in favor of United States
citizens or a corporation, partnership, or association which is 50
percent or more beneficially owned by United States citizens, which have
been made by arbitrators appointed for each case or by permanent
arbitral bodies to which the parties involved have submitted their
dispute;
(4) if such country affords preferential treatment to the products of
a developed country, other than the United States, and if such
preferential treatment has, or is likely to have, a significant adverse
effect on United States commerce, unless the President --
(A) has received assurances satisfactory to him that such
preferential treatment will be eliminated or that action will be taken
to assure that there will be no such significant adverse effect, and
(B) reports those assurances to the Congress;
(5) if a government-owned entity in such country engages in the
broadcast of copyrighted material, including films or television
material, belonging to United States copyright owners without their
express consent or such country fails to work towards the provision of
adequate and effective protection of intellectual property rights;
(6) unless such country is a signatory to a treaty, convention,
protocol, or other agreement regarding the extradition of United States
citizens; and
(7) if such country has not or is not taking steps to afford
internationally recognized worker rights (as defined in section
2462(a)(4) of this title) to workers in the country (including any
designated zone in that country).
Paragraphs (1), (2), (3), (5), and (7) shall not prevent the
designation of any country as a beneficiary country under this chapter
if the President determines that such designation will be in the
national economic or security interest of the United States and reports
such determination to the Congress with his reasons therefor.
(d) Factors affecting designation
In determining whether to designate any country a beneficiary country
under this chapter, the President shall take into account --
(1) an expression by such country of its desire to be so designated;
(2) the economic conditions in such country, the living standards of
its inhabitants, and any other economic factors which he deems
appropriate;
(3) the extent to which such country has assured the United States it
will provide equitable and reasonable access to the markets and basic
commodity resources of such country;
(4) the degree to which such country follows the accepted rules of
international trade provided for under the General Agreement on Tariffs
and Trade, as well as applicable trade agreements approved under section
2503(a) of this title;
(5) the degree to which such country uses export subsidies or imposes
export performance requirements or local content requirements which
distort international trade;
(6) the degree to which the trade policies of such country as they
relate to other beneficiary countries are contributing to the
revitalization of the region;
(7) the degree to which such country is undertaking self-help
measures to protect its own economic development;
(8) whether or not such country has taken or is taking steps to
afford to workers in that country (including any designated zone in that
country) internationally recognized worker rights;
(9) the extent to which such country provides under its law adequate
and effective means for foreign nationals to secure, exercise, and
enforce exclusive rights in intellectual property, including patent,
trademark, and copyright rights;
(10) the extent to which such country prohibits its nationals from
engaging in the broadcast of copyrighted material, including films or
television material, belonging to United States copyright owners without
their express consent;
(11) whether such country has met the narcotics cooperation
certification criteria set forth in section 2291j of title 22 for
eligibility for United States assistance; and
(12) the extent to which such country is prepared to cooperate with
the United States in the administration of the provisions of this
chapter.
(e) Withdrawal or suspension of designation
(1) The President may --
(A) withdraw or suspend the designation of any country as a
beneficiary country, or
(B) withdraw, suspend, or limit the application of duty-free
treatment under this chapter to any article of any country,
if, after such designation, the President determines that as a result
of changed circumstances such a country should be barred from
designation as a beneficiary country.
(2)(A) The President shall publish in the Federal Register notice of
the action the President proposes to take under paragraph (1) at least
30 days before taking such action.
(B) The United States Trade Representative shall, within the 30-day
period beginning on the date on which the President publishes under
subparagraph (A) notice of proposed action --
(i) accept written comments from the public regarding such proposed
action,
(ii) hold a public hearing on such proposed action, and
(iii) publish in the Federal Register --
(I) notice of the time and place of such hearing prior to the
hearing, and
(II) the time and place at which such written comments will be
accepted.
(f) Triennial report
On or before the 3rd, 6th, and 9th anniversaries of December 4, 1991,
the President shall submit to the Congress a complete report regarding
the operation of this chapter, including the results of a general review
of beneficiary countries based on the considerations described in
subsections (c) and (d) of this section. In reporting on the
considerations described in subsection (d)(11) of this section, the
President shall report any evidence that the crop eradication and crop
substitution efforts of the beneficiary are directly related to the
effects of this chapter.
(Pub. L. 102-182, title II, 203, Dec. 4, 1991, 105 Stat. 1236; Pub.
L. 102-583, 6(a), Nov. 2, 1992, 106 Stat. 4932.)
Pub. L. 102-583, 6(a), Nov. 2, 1992, 106 Stat. 4932, provided
that, effective after Sept. 30, 1994, subsection (d)(11) of this
section is amended by substituting ''section 2291k of title 22'' for
''section 2291j of title 22''.
The Harmonized Tariff Schedule of the United States, referred to in
subsec. (a)(3), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
This chapter, referred to in subsec. (d)(12), was in the original
''this Act'' and was translated as reading ''this title'', meaning title
II of Pub. L. 102-182 which enacted this chapter, to reflect the
probable intent of Congress.
1992 -- Subsec. (d)(11). Pub. L. 102-583 substituted ''section 2291j
of title 22'' for ''section 2291(h)(2)(A) of title 22''.
Section 6(a) of Pub. L. 102-583 provided that the amendment
substituting section 2291j of title 22 for section 2291(h) of title 22,
is effective Oct. 1, 1992, and that the amendment substituting section
2291k of title 22 for section 2291j of title 22, is effective after
Sept. 30, 1994.
The following countries were designated as beneficiary countries for
purposes of this chapter:
Bolivia, Proc. No. 6456, July 2, 1992, 57 F.R. 30097.
Colombia, Proc. No. 6455, July 2, 1992, 57 F.R. 30069.
19 USC 3203. Eligible articles
TITLE 19 -- CUSTOMS DUTIES
(a) In general
(1) Unless otherwise excluded from eligibility by this chapter, the
duty-free treatment provided under this chapter shall apply to any
article which is the growth, product, or manufacture of a beneficiary
country if --
(A) that article is imported directly from a beneficiary country into
the customs territory of the United States; and
(B) the sum of --
(i) the cost or value of the materials produced in a beneficiary
country or 2 or more beneficiary countries under this chapter, or a
beneficiary country under the Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.) or 2 or more such countries, plus
(ii) the direct costs of processing operations performed in a
beneficiary country or countries (under this chapter or the Caribbean
Basin Economic Recovery Act),
is not less than 35 percent of the appraised value of such article at
the time it is entered.
For purposes of determining the percentage referred to in
subparagraph (B), the term ''beneficiary country'' includes the
Commonwealth of Puerto Rico and the United States Virgin Islands. If
the cost or value of materials produced in the customs territory of the
United States (other than the Commonwealth of Puerto Rico) is included
with respect to an article to which this paragraph applies, an amount
not to exceed 15 percent of the appraised value of the article at the
time it is entered that is attributed to such United States cost or
value may be applied toward determining the percentage referred to in
subparagraph (B).
(2) The Secretary of the Treasury shall prescribe such regulations as
may be necessary to carry out subsection (a) of this section including,
but not limited to, regulations providing that, in order to be eligible
for duty-free treatment under this chapter, an article must be wholly
the growth, product, or manufacture of a beneficiary country, or must be
a new or different article of commerce which has been grown, produced,
or manufactured in the beneficiary country; but no article or material
of a beneficiary country shall be eligible for such treatment by virtue
of having merely undergone --
(A) simple combining or packaging operations, or
(B) mere dilution with water or mere dilution with another substance
that does not materially alter the characteristics of the article.
(3) As used in this subsection, the phrase ''direct costs of
processing operations'' includes, but is not limited to --
(A) all actual labor costs involved in the growth, production,
manufacture, or assembly of the specific merchandise, including fringe
benefits, on-the-job training and the cost of engineering, supervisory,
quality control, and similar personnel; and
(B) dies, molds, tooling, and depreciation on machinery and equipment
which are allocable to the specific merchandise.
Such phrase does not include costs which are not directly
attributable to the merchandise concerned or are not costs of
manufacturing the product, such as (i) profit, and (ii) general expense
of doing business which are either not allocable to the specific
merchandise or are not related to the growth, production, manufacture,
or assembly of the merchandise, such as administrative salaries,
casualty and liability insurance, advertising, interest, and salesmen's
salaries, commissions or expenses.
(4) If the President, pursuant to section 223 of the Caribbean Basin
Economic Recovery Expansion Act of 1990, considers that the
implementation of revised rules of origin for products of beneficiary
countries designated under the Caribbean Basin Economic Recovery Act (19
U.S.C. 2701 et seq.) would be appropriate, the President may include
similarly revised rules of origin for products of beneficiary countries
designated under this chapter in any suggested legislation transmitted
to the Congress that contains such rules of origin for products of
beneficiary countries under the Caribbean Basin Economic Recovery Act.
(b) Exceptions to duty-free treatment
The duty-free treatment provided under this chapter shall not apply
to --
(1) textile and apparel articles which are subject to textile
agreements;
(2) footwear not designated at the time of the effective date of this
chapter as eligible for the purpose of the generalized system of
preferences under title V of the Trade Act of 1974 (19 U.S.C. 2461 et
seq.);
(3) tuna, prepared or preserved in any manner, in airtight
containers;
(4) petroleum, or any product derived from petroleum, provided for in
headings 2709 and 2710 of the HTS;
(5) watches and watch parts (including cases, bracelets and straps),
of whatever type including, but not limited to, mechanical, quartz
digital or quartz analog, if such watches or watch parts contain any
material which is the product of any country with respect to which HTS
column 2 rates of duty apply;
(6) articles to which reduced rates of duty apply under subsection
(c) of this section;
(7) sugars, syrups, and molasses classified in subheadings
1701.11.03, 1701.12.02, 1701.99.02, 1702.90.32, 1806.10.42, and
2106.90.12 of the HTS; or
(8) rum and tafia classified in subheading 2208.40.00 of the HTS.
(c) Duty reductions for certain goods
(1) Subject to paragraph (2), the President shall proclaim reductions
in the rates of duty on handbags, luggage, flat goods, work gloves, and
leather wearing apparel that --
(A) are the product of any beneficiary country; and
(B) were not designated on August 5, 1983, as eligible articles for
purposes of the generalized system of preferences under title V of the
Trade Act of 1974 (19 U.S.C. 2461 et seq.).
(2) The reduction required under paragraph (1) in the rate of duty on
any article shall --
(A) result in a rate that is equal to 80 percent of the rate of duty
that applies to the article on December 31, 1991, except that, subject
to the limitations in paragraph (3), the reduction may not exceed 2.5
percent ad valorem; and
(B) be implemented in 5 equal annual stages with the first 1/5 of the
aggregate reduction in the rate of duty being applied to entries, or
withdrawals from warehouse for consumption, of the article on or after
January 1, 1992.
(3) The reduction required under this subsection with respect to the
rate of duty on any article is in addition to any reduction in the rate
of duty on that article that may be proclaimed by the President as being
required or appropriate to carry out any trade agreement entered into
under the Uruguay Round of trade negotiations; except that if the
reduction so proclaimed --
(A) is less than 1.5 percent ad valorem, the aggregate of such
proclaimed reduction and the reduction under this subsection may not
exceed 3.5 percent ad valorem, or
(B) is 1.5 percent ad valorem or greater, the aggregate of such
proclaimed reduction and the reduction under this subsection may not
exceed the proclaimed reduction plus 1 percent ad valorem.
(d) Suspension of duty-free treatment
(1) The President may by proclamation suspend the duty-free treatment
provided by this chapter with respect to any eligible article and may
proclaim a duty rate for such article if such action is proclaimed under
chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.)
or section 1862 of this title.
(2) In any report by the United States International Trade Commission
to the President under section 202(f) of the Trade Act of 1974 (19
U.S.C. 2252(f)) regarding any article for which duty-free treatment has
been proclaimed by the President pursuant to this chapter, the
Commission shall state whether and to what extent its findings and
recommendations apply to such article when imported from beneficiary
countries.
(3) For purposes of section 203 of the Trade Act of 1974 (19 U.S.C.
2253), the suspension of the duty-free treatment provided by this
chapter shall be treated as an increase in duty.
(4) No proclamation providing solely for a suspension referred to in
paragraph (3) of this subsection with respect to any article shall be
taken under section 203 of the Trade Act of 1974 (19 U.S.C. 2253) unless
the United States International Trade Commission, in addition to making
an affirmative determination with respect to such article under section
202(b) of the Trade Act of 1974 (19 U.S.C. 2252(b)), determines in the
course of its investigation under such section that the serious injury
(or threat thereof) substantially caused by imports to the domestic
industry producing a like or directly competitive article results from
the duty-free treatment provided by this chapter.
(5)(A) Any action taken under section 203 of the Trade Act of 1974
(19 U.S.C. 2253) that is in effect when duty-free treatment is
proclaimed under section 3201 of this title shall remain in effect until
modified or terminated.
(B) If any article is subject to any such action at the time
duty-free treatment is proclaimed under section 3201 of this title, the
President may reduce or terminate the application of such action to the
importation of such article from beneficiary countries prior to the
otherwise scheduled date on which such reduction or termination would
occur pursuant to the criteria and procedures of section 204 of the
Trade Act of 1974 (19 U.S.C. 2254).
(e) Emergency relief with respect to perishable products
(1) If a petition is filed with the United States International Trade
Commission pursuant to the provisions of section 201 of the Trade Act of
1974 (19 U.S.C. 2251) regarding a perishable product and alleging injury
from imports from beneficiary countries, then the petition may also be
filed with the Secretary of Agriculture with a request that emergency
relief be granted pursuant to paragraph (3) of this subsection with
respect to such article.
(2) Within 14 days after the filing of a petition under paragraph (1)
of this subsection --
(A) if the Secretary of Agriculture has reason to believe that a
perishable product from a beneficiary country is being imported into the
United States in such increased quantities as to be a substantial cause
of serious injury, or the threat thereof, to the domestic industry
producing a perishable product like or directly competitive with the
imported product and that emergency action is warranted, he shall advise
the President and recommend that the President take emergency action;
or
(B) the Secretary of Agriculture shall publish a notice of his
determination not to recommend the imposition of emergency action and so
advise the petitioner.
(3) Within 7 days after the President receives a recommendation from
the Secretary of Agriculture to take emergency action pursuant to
paragraph (2) of this subsection, he shall issue a proclamation
withdrawing the duty-free treatment provided by this chapter or publish
a notice of his determination not to take emergency action.
(4) The emergency action provided by paragraph (3) of this subsection
shall cease to apply --
(A) upon the taking of action under section 203 of the Trade Act of
1974 (19 U.S.C. 2253),
(B) on the day a determination by the President not to take action
under section 203(b)(2) of such Act becomes final,
(C) in the event of a report of the United States International Trade
Commission containing a negative finding, on the day of the Commission's
report is submitted to the President, or
(D) whenever the President determines that because of changed
circumstances such relief is no longer warranted.
(5) For purposes of this subsection, the term ''perishable product''
means --
(A) live plants and fresh cut flowers provided for in chapter 6 of
the HTS;
(B) fresh or chilled vegetables provided for in headings 0701 through
0709 (except subheading 0709.52.00) and heading 0714 of the HTS;
(C) fresh fruit provided for in subheadings 0804.20 through 0810.90
(except citrons of subheadings 0805.90.00, tamarinds and kiwi fruit of
subheading 0810.90.20, and cashew apples, mameyes colorados, sapodillas,
soursops and sweetsops of subheading 0810.90.40) of the HTS; or
(D) concentrated citrus fruit juice provided for in subheadings
2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and 2009.30.60 of the
HTS.
(f) Fees under section 624 of title 7
No proclamation issued pursuant to this chapter shall affect fees
imposed pursuant to section 624 of title 7.
(Pub. L. 102-182, title II, 204, Dec. 4, 1991, 105 Stat. 1239.)
This chapter, referred to in subsecs. (a)(1)(B) and (b)(2), was in
the original ''this Act'' and was translated as reading ''this title'',
meaning title II of Pub. L. 102-182 which enacted this chapter, to
reflect the probable intent of Congress.
The Caribbean Basin Economic Recovery Act, referred to in subsec.
(a)(1)(B), (4), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat.
384, as amended, which is classified principally to chapter 15 ( 2701 et
seq.) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 2701 of this title and
Tables.
Section 223 of the Caribbean Basin Economic Recovery Expansion Act of
1990, referred to in subsec. (a)(4), is section 223 of Pub. L.
101-382, title II, Aug. 20, 1990, 104 Stat. 659, which is not
classified to the Code.
The effective date of this chapter, referred to in subsec. (b)(2),
means the date of enactment of Pub. L. 102-182, which was approved Dec.
4, 1991. See section 3206(a) of this title.
The Trade Act of 1974, referred to in subsecs. (b)(2), (c)(1)(B),
and (d)(1), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
amended. Chapter 1 of title II of the Act is classified generally to
part 1 ( 2251 et seq.) of subchapter II of chapter 12 of this title.
Title V of the Act is classified generally to subchapter V ( 2461 et
seq.) of chapter 12 of this title. For complete classification of this
Act to the Code, see section 2101 of this title and Tables.
19 USC 3204. International Trade Commission reports on impact of this
chapter
TITLE 19 -- CUSTOMS DUTIES
(a) In general
The United States International Trade Commission (hereinafter in this
section referred to as the ''Commission'') shall prepare, and submit to
the Congress, a report regarding the economic impact of this chapter on
United States industries and consumers, and, in conjunction with other
agencies, the effectiveness of this chapter in promoting drug-related
crop eradication and crop substitution efforts of the beneficiary
countries, during --
(1) the 24-month period beginning with December 4, 1991; and
(2) each calendar year occurring thereafter until duty-free treatment
under this chapter is terminated under section 3206(b) of this title.
For purposes of this section, industries in the Commonwealth of
Puerto Rico and the insular possessions of the United States shall be
considered to be United States industries.
(b) Report requirements
(1) Each report required under subsection (a) of this section shall
include, but not be limited to, an assessment by the Commission
regarding --
(A) the actual effect, during the period covered by the report, of
this chapter on the United States economy generally as well as on those
specific domestic industries which produce articles that are like, or
directly competitive with, articles being imported into the United
States from beneficiary countries;
(B) the probable future effect that this chapter will have on the
United States economy generally, as well as on such domestic industries,
before the provisions of this chapter terminate; and
(C) the estimated effect that this chapter has had on the
drug-related crop eradication and crop substitution efforts of the
beneficiary countries.
(2) In preparing the assessments required under paragraph (1), the
Commission shall, to the extent practicable --
(A) analyze the production, trade and consumption of United States
products affected by this chapter, taking into consideration employment,
profit levels, and use of productive facilities with respect to the
domestic industries concerned, and such other economic factors in such
industries as it considers relevant, including prices, wages, sales,
inventories, patterns of demand, capital investment, obsolescence of
equipment, and diversification of production; and
(B) describe the nature and extent of any significant change in
employment, profit levels, and use of productive facilities, and such
other conditions as it deems relevant in the domestic industries
concerned, which it believes are attributable to this chapter.
(c) Submission dates; public comment
(1) Each report required under subsection (a) of this section shall
be submitted to the Congress before the close of the 9-month period
beginning on the day after the last day of the period covered by the
report.
(2) The Commission shall provide an opportunity for the submission by
the public, either orally or in writing, or both, of information
relating to matters that will be addressed in the reports.
(Pub. L. 102-182, title II, 206, Dec. 4, 1991, 105 Stat. 1243.)
19 USC 3205. Impact study by Secretary of Labor
TITLE 19 -- CUSTOMS DUTIES
The Secretary of Labor, in consultation with other appropriate
Federal agencies, shall undertake a continuing review and analysis of
the impact that the implementation of the provisions of this chapter has
with respect to United States labor; and shall make an annual written
report to Congress on the results of such review and analysis.
(Pub. L. 102-182, title II, 207, Dec. 4, 1991, 105 Stat. 1244.)
19 USC 3206. Effective date and termination of duty-free treatment
TITLE 19 -- CUSTOMS DUTIES
(a) Effective date
This chapter shall take effect on December 4, 1991.
(b) Termination of duty-free treatment
No duty-free treatment extended to beneficiary countries under this
chapter shall remain in effect 10 years after December 4, 1991.
(Pub. L. 102-182, title II, 208, Dec. 4, 1991, 105 Stat. 1244.)
20 USC TITLE 20 -- EDUCATION
20 USC
TITLE 20 -- EDUCATION
20 USC TITLE 20 -- EDUCATION
TITLE 20 -- EDUCATION
Chap. Sec.
1. Office of Education (Repealed) 1
2. Teaching of Agricultural, Trade, Home Economics, and Industrial
Subjects 11
3. Smithsonian Institution, National Museums and Art Galleries 41
4. National Zoological Park 81
5. Government Collections and Institutions for Research, and
Material for Educational Institutions 91
6. American Printing House for the Blind 101
6A. Vending Facilities for Blind in Federal Buildings 107
7. Instruction as to Nature and Effect of Alcoholic Drinks and
Narcotics 111
8. Howard University 121
9. National Training School for Boys (Omitted) 131
10. National Training School for Girls (Omitted) 161
11. National Arboretum 191
12. Foreign and Exchange Students 221
13. Financial Assistance to Local Educational Agencies 231
14. School Construction in Areas Affected by Federal Activities
(Transferred to Chapter 19) 251
15. Studies and Research on Problems in Education (Omitted or
Repealed) 331
16. Public Library Services and Construction 351
17. National Defense Education Program (Omitted or Repealed) 401
18. Grants for Teaching in the Education of Handicapped Children
(Repealed) 611
18A. Early Education Programs for Handicapped Children (Repealed)
621
19. School Construction in Areas Affected by Federal Activities 631
20. Grants for Teaching in the Education of the Deaf (Omitted) 671
20A. National Technical Institute for the Deaf (Repealed or
Transferred) 681
20B. Gallaudet College (Repealed or Transferred) 691
21. Higher Education Facilities (Omitted or Repealed) 701
22. National Council on the Arts (Repealed) 781
23. Training and Fellowship Programs for Community Development 801
24. Grants for Educational Materials, Facilities and Services, and
Strengthening of Educational Agencies (Omitted, Repealed, or
Transferred) 821
25. Pay and Personnel Program for Overseas Teachers 901
25A. Overseas Defense Dependents' Education 921
26. Support and Scholarship in Humanities and Arts; Museum Services
951
26A. Indemnity for Exhibitions of Arts and Artifacts 971
27. National Vocational Student Loan Insurance (Repealed) 981
28. Higher Education Resources and Student Assistance 1001
29. International Studies and Research (Omitted or Repealed) 1171
30. Basic Education for Adults 1201
31. General Provisions Concerning Education 1221
32. Vocational Education (Omitted or Repealed) 1241
33. Education of Handicapped 1400
34. National Commission on Libraries and Information Science 1501
35. Environmental Education (Omitted) 1531
36. Emergency School Aid (Repealed) 1601
37. Assignment or Transportation of Students 1651
38. Discrimination Based on Sex or Blindness 1681
39. Equal Educational Opportunities and Transportation of Students
1701
40. Consolidation of Education Programs (Omitted, Repealed, or
Transferred) 1801
41. National Reading Improvement Program (Repealed) 1901
42. Harry S Truman Memorial Scholarships 2001
43. American Folklife Preservation 2101
44. Vocational Education 2301
45. Career Education and Career Development 2501
46. Career Education Incentive (Repealed or Omitted) 2601
47. Strengthening and Improvement of Elementary and Secondary
Schools 2701
48. Department of Education 3401
49. Asbestos School Hazard Detection and Control 3601
50. National Center for the Study of Afro-American History and
Culture 3701
51. Elementary and Secondary Education Block Grant (Repealed) 3801
52. Education for Economic Security 3901
53. Emergency Immigrant Education Assistance (Repealed) 4101
54. Leadership in Educational Administration (Repealed) 4201
55. Education of the Deaf 4301
56. American Indian, Alaska Native, and Native Hawaiian Culture and
Art Development 4401
57. James Madison Memorial Fellowship Program 4501
58. Drug-Free Schools and Communities (Repealed) 4601
59. Barry Goldwater Scholarship and Excellence in Education Program
4701
60. Fund for the Improvement and Reform of Schools and Teaching 4801
61. Education for Native Hawaiians 4901
62. Education and Training for American Competitiveness 5001
63. Eisenhower Exchange Fellowship Program 5201
64. Excellence in Mathematics, Science, and Engineering Education
5301
65. National Environmental Education 5501
66. Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation 5601
67. Christopher Columbus Fellowship Foundation 5701
Agricultural and mechanical colleges, see section 301 et seq. of
Title 7, Agriculture.
Armed forces, Air Force --
Civil Air Patrol, see section 9441 et seq. of Title 10, Armed
Forces.
Junior Reserve Officers' Training Corps, see section 2031 et seq. of
Title 10.
Schools and camps, see section 9411 et seq. of Title 10.
Senior Reserve Officers' Training Corps, see section 2101 et seq. of
Title 10.
Training generally, see section 9301 et seq. of Title 10.
United States Air Force Academy, see section 9331 et seq. of Title
10.
Armed forces, Army --
Junior Reserve Officers' Training Corps, see section 2031 et seq. of
Title 10.
Schools and camps, see section 4411 et seq. of Title 10.
Senior Reserve Officers' Training Corps, see section 2101 et seq. of
Title 10.
Training generally, see section 4301 et seq. of Title 10.
United States Military Academy, see section 4331 et seq. of Title
10.
Armed forces, Coast Guard --
Coast Guard Academy, see section 181 et seq. of Title 14, Coast
Guard.
Navy schools, see section 145 of Title 14.
School instruction and training, see sections 92, 93, 470 of Title
14.
Training, see section 469 of Title 14.
Armed forces, Navy --
Junior Reserve Officers' Training Corps, see section 2031 et seq. of
Title 10, Armed Forces.
Officer procurement programs, see section 6911 et seq. of Title 10.
Schools near naval activities; financial aid; transportation of
dependents, see section 7204 of Title 10.
Senior Reserve Officers' Training Corps, see section 2101 et seq. of
Title 10.
United States Naval Academy, see section 6951 et seq. of Title 10.
United States Naval Postgraduate School, see section 7041 et seq. of
Title 10.
Armed forces, training generally, see section 2001 of of Title 10.
Cultural and Technical Interchange Center Between East and West, see
section 2054 et seq. of Title 22, Foreign Relations and Intercourse.
Foreign Service Institute, see section 4021 et seq. of Title 22.
Indians, see section 271 et seq. of Title 25, Indians.
Maritime Education and Training, see section 1295 et seq. of Title
46, Appendix, Shipping.
Mutual educational and cultural exchange program, see section 2451 et
seq. of Title 22, Foreign Relations and Intercourse.
School lunch programs, see section 1751 et seq. of Title 42, The
Public Health and Welfare.
United Nations Educational, Scientific, and Cultural Organization,
see section 287m et seq. of Title 22, Foreign Relations and
Intercourse.
United States information and educational exchange programs, see
section 1431 et seq. of Title 22.
20 USC CHAPTER 1 -- OFFICE OF EDUCATION
TITLE 20 -- EDUCATION
20 USC 1, 2. Repealed. Pub. L. 92-318, title III, 301(b)(2)(A), June
23, 1972, 86 Stat. 332
TITLE 20 -- EDUCATION
Section 1, R.S. 516, established Office of Education and provided
for purpose and duties of Office. See sections 1221a and 1221c of this
title.
Section 2, R.S. 517, provided for appointment of a Commissioner of
Education to manage Office of Education. See section 1221c of this
title.
Section 301(b)(2)(A) of Pub. L. 92-318 provided that the repeal is
effective July 1, 1972.
Ex. Ord. No. 11185, Oct. 16, 1964, 29 F.R. 14399, as amended by Ex.
Ord. No. 11260, Dec. 11, 1965, 30 F.R. 15395; Ex. Ord. No. 11661,
Mar. 24, 1972, 37 FR 6281, which provided for the coordination of
federal education programs, was superseded by Ex. Ord. No. 11761, Jan.
17, 1974, 39 F.R. 2345, formerly set out as a note under section 1221 of
this title.
20 USC 2a. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
647
TITLE 20 -- EDUCATION
Section, act May 26, 1930, ch. 330, 46 Stat. 384, provided for
appointment of an Assistant Commissioner of Education.
20 USC 3, 4. Repealed. Pub. L. 91-230, title IV, 401(d)(1), (2),
Apr. 13, 1970, 84 Stat. 173
TITLE 20 -- EDUCATION
Section 3, act May 28, 1896, ch. 252, 1, 29 Stat. 171; Reorg.
Plan No. I of 1939, 201, 204, eff. July 1, 1939, 4 F.R. 2728, 53
Stat. 1424; Reorg. Plan No. 1 of 1953, 5, 8, eff. Apr. 11, 1953,
18 F.R. 2053, 67 Stat. 631, provided for publication of a bulletin of
Office of Education respecting condition of higher education, technical
and industrial education, compulsory school attendance, and other
domestic and foreign education topics, and provided for a one edition
issue of 12,500 copies, chargeable to allotment for printing and binding
of the Department of Health, Education, and Welfare, and was superseded
by sections 1231a, 1231b, and 1231c of this title.
Section 4, R.S. 518, required Commissioner of Education to present
an annual report to Congress, and was superseded by section 1231a of
this title.
20 USC 5. Repealed. Oct. 31, 1951, ch. 654, 1(36), 65 Stat. 702
TITLE 20 -- EDUCATION
Section, R.S. 519; acts Feb. 26, 1925, ch. 339, 3, 43 Stat.
983; Mar. 2, 1934, ch. 38, 1, 48 Stat. 389; June 30, 1949, ch.
288, title I, 103, 63 Stat. 380, required Administrator of General
Services to furnish proper offices for use of Office of Education.
20 USC 6. Repealed. Pub. L. 91-230, title IV, 401(d)(3), Apr. 13,
1970, 84 Stat. 173
TITLE 20 -- EDUCATION
Section, Pub. L. 90-576, title III, 303(a)-(d), Oct. 16, 1968, 82
Stat. 1095, related to collection and dissemination of information,
providing in subsec. (a) for duties of Commissioner of Education,
subsec. (b) for counseling and technical assistance in rural areas, in
subsec. (c) for preparation and availability of catalog of Federal
education assistance programs, and subsec. (d) for authorization of
appropriations.
Such former provisions were superseded generally by sections 1231a,
1231b, and 1231c of this title as follows:
20 USC CHAPTER 2 -- TEACHING OF AGRICULTURAL, TRADE, HOME ECONOMICS, AND
INDUSTRIAL SUBJECTS
TITLE 20 -- EDUCATION
Sec.
11. Annual appropriations.
12. Salaries of teachers, supervisors, or directors of agricultural
subjects; amounts; allotment of funds to States.
13. Salaries of teachers of trade, home economics, and industrial
subjects; amounts; allotment of funds to States.
14. Preparing teachers, supervisors, and directors of agricultural
subjects; amounts; allotment of funds to States.
15. Studies, investigations, and reports; salaries and expenses.
15a to 15ggg. Omitted or Repealed.
16. Acceptance of benefits of appropriations by States; creation of
State boards.
17. Repealed.
18. Plans and reports by State boards to be submitted to Department
of Education.
19. Expenditure of appropriations; expenses to be borne by States.
20. Plans by State boards; use of appropriations; agricultural
subjects.
21. Plans by State boards; use of appropriations; trade, home
economics, and industrial subjects.
22. Plans by State boards; use of appropriations; training of
teachers, supervisors, or directors.
23. State custodians of funds appropriated.
24. Supervision of expenditures by States; quarterly payments to
States.
25. Deductions from allotments when preceding allotments have not
been expended.
26. Withholding allotments.
27. Loss of funds; replacing; limitation on use.
28. Reports to Congress by Department of Education.
29 to 35n. Repealed or Omitted.
20 USC 11. Annual appropriations
TITLE 20 -- EDUCATION
There is annually appropriated, out of any money in the Treasury not
otherwise appropriated, the sums provided in sections 12, 13, and 14 of
this title, to be paid to the respective States for the purpose of
cooperating with the States in paying the salaries of teachers,
supervisors, and directors of agricultural subjects, and teachers of
trade, home economics, and industrial subjects, and in the preparation
of teachers of agricultural, trade, industrial, and home economics
subjects, and the sum provided for in section 15 of this title for the
use of the Department of Education for the administration of this
chapter and for the purpose of making studies, investigations, and
reports to aid in the organization and conduct of vocational education,
which sums shall be expended as provided in said sections.
(Feb. 23, 1917, ch. 114, 1, 39 Stat. 929; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
Section 2 of act June 8, 1936, ch. 541, 49 Stat. 1488, as amended
by act Aug. 1, 1946, ch. 725, title I, 101, 60 Stat. 775, provided
that the Act approved Feb. 23, 1917, ch. 114, 39 Stat. 929,
classified to sections 11 to 15 and 16 to 28 of this title, shall be
known as the Smith-Hughes Vocational Education Act. The 1917 act is
also known as the Vocational Education Act of 1917.
The act of June 8, 1936, ch. 541, 49 Stat. 1488, as amended, which
was classified to sections 15i to 15ggg and which was repealed by Pub.
L. 90-576, title I, 103, Oct. 16, 1968, 82 Stat. 1091, was known as
the Vocational Education Act of 1946.
Section 1 of Pub. L. 87-22, Apr. 24, 1961, 75 Stat. 44, provided:
''That this Act (amending sections 15aa, 15bb, 15cc, and 15jj of this
title) may be cited as 'The Practical Nurse Training Extension Act of
1961'.''
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Federal Board for Vocational Education and its functions abolished by
Reorg. Plan No. 2 of 1946, 8, eff. July 16, 1946, 11 F.R. 7873, 60
Stat. 1095, set out in the Appendix to Title 5.
Office of Education in Department of the Interior, including Federal
Board for Vocational Education, transferred to Federal Security Agency
by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5.
Functions of Federal Board for Vocational Education transferred to
Department of the Interior and Board required to act in an advisory
capacity without compensation by Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5.
Pub. L. 90-576, title I, 104, Oct. 16, 1968, 82 Stat. 1091, as
amended by Pub. L. 91-230, title VII, 709, Apr. 13, 1970, 84 Stat.
189; Pub. L. 94-482, title II, 203(c)(1), as added Pub. L. 95-40,
1(29), June 3, 1977, 91 Stat. 207; Pub. L. 98-524, 4(h), Oct. 19,
1984, 98 Stat. 2489, provided that: ''Funds appropriated by the first
section of the Smith-Hughes Act (that is the Act approved February 23,
1917, 39 Stat. 929, as amended (20 U.S.C. 11-15, 16-28)), shall be
considered as funds appropriated pursuant to section 3 of the Carl D.
Perkins Vocational Education Act (now Carl D. Perkins Vocational and
Applied Technology Act; 20 U.S.C. 2302).''
Pub. L. 94-482, title II, 203(c)(2), as added by Pub. L. 95-40,
1(29), June 3, 1977, 91 Stat. 207, provided that: ''The amendments
made by this section (amending this note and sections 817, 952, and 953
of Title 29, Labor) shall be effective on and after October 1, 1977.''
School lunch programs, see section 1751 et seq. of Title 42, The
Public Health and Welfare.
20 USC 12. Salaries of teachers, supervisors, or directors of
agricultural subjects; amounts; allotment of funds to States
TITLE 20 -- EDUCATION
For the purpose of cooperating with the States in paying the salaries
of teachers, supervisors, or directors of agricultural subjects there is
annually appropriated for the use of the States, subject to the
provisions of this chapter, the sum of $3,000,000. Said appropriation
shall be allotted to the States in the proportion which their rural
population bears to the total rural population in the United States, not
including outlying possessions, according to the last preceding United
States census. The allotment of funds to any State shall be not less
than a minimum of $10,000 for any fiscal year. There is appropriated
for each fiscal year the sum of $28,500, or so much thereof as may be
necessary, which shall be used for the purpose of providing the minimum
allotment to the States provided for in this section.
(Feb. 23, 1917, ch. 114, 2, 39 Stat. 930; July 12, 1960, Pub. L.
86-624, 14(b)(2), 74 Stat. 414.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
This section prior to its incorporation into the Code contained
provisions for appropriations for particular years which have been
omitted.
1960 -- Pub. L. 86-624 substituted ''$28,500'' for ''$27,000''.
Section 47(c) of Pub. L. 86-624 provided that: ''The amendment made
by paragraphs (1) and (2) of subsection (b) and paragraphs (1), (2), and
(3) of subsection (d) of section 14 (amending this section and sections
14 and 238 of this title, and repealing section 29 of this title) shall
be applicable in the case of fiscal years beginning after June 30,
1960.''
Population census, see section 141 et seq. of Title 13, Census.
20 USC 13. Salaries of teachers of trade, home economics, and
industrial subjects; amounts; allotment of funds to States
TITLE 20 -- EDUCATION
For the purpose of cooperating with the States in paying the salaries
of teachers of trade, home economics, and industrial subjects there is
annually appropriated for the use of the States the sum of $3,000,000.
Said appropriation shall be allotted to the States in the proportion
which their urban population bears to the total urban population in the
United States, not including outlying possessions, according to the last
preceding United States census. The allotment of funds to any State
shall be not less than a minimum of $10,000 for any fiscal year. There
is appropriated the sum of $50,000 annually, or so much thereof as may
be needed, which shall be used for the purpose of providing the minimum
allotment to the States provided for in this section.
Not more than 20 per centum of the money appropriated under this
chapter for the payment of salaries of teachers of trade, home
economics, and industrial subjects, for any year, shall be expended for
the salaries of teachers of home economics subjects.
(Feb. 23, 1917, ch. 114, 3, 39 Stat. 930.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
Population census, see section 141 et seq. of Title 13, Census.
20 USC 14. Preparing teachers, supervisors, and directors of
agricultural subjects; amounts; allotment of funds to States
TITLE 20 -- EDUCATION
For the purpose of cooperating with the States in preparing teachers,
supervisors, and directors of agricultural subjects and teachers of
trade and industrial and home economics subjects, there is annually
appropriated for the use of the States the sum of $1,000,000. Said sum
shall be allotted to the States in the proportion which their population
bears to the total population of the United States, not including
outlying possessions, according to the last preceding United States
census. The allotment of funds to any State shall be not less than a
minimum of $10,000 for any fiscal year. And there is appropriated the
sum of $105,200 annually, or so much thereof as may be needed, which
shall be used for the purpose of providing the minimum allotment
provided for in this section.
(Feb. 23, 1917, ch. 114, 4, 39 Stat. 931; June 25, 1959, Pub. L.
86-70, 18(b)(1), 73 Stat. 144; July 12, 1960, Pub. L. 86-624,
14(b)(2), 74 Stat. 414.)
1960 -- Pub. L. 86-624 substituted ''$105,200'' for ''$98,500''.
1959 -- Pub. L. 86-70 substituted ''$98,500'' for ''$90,000''.
For effective date of amendment by Pub. L. 86-624, see section 47(c)
of Pub. L. 86-624, set out as a note under section 12 of this title.
Section 47(f) of Pub. L. 86-70 provided that: ''The amendments made
by paragraph (1) of subsection (b) and paragraphs (1), (2), and (3) of
subsection (d) of section 18 (amending this section and section 238 of
this title) shall be applicable for fiscal years beginning July 1,
1959.''
Population census, see section 141 et seq. of Title 13, Census.
20 USC 15. Studies, investigations, and reports; salaries and
expenses
TITLE 20 -- EDUCATION
There is authorized to be appropriated to the Department of Education
the sum of $200,000 annually, for the purpose of making or cooperating
in making the studies, investigations, and reports provided for in
section 17 of this title, and for the purpose of paying the salaries of
the officers, the assistants, and such office and other expenses as the
Department may deem necessary to the execution and administration of
this chapter; this appropriation is also made available for printing
and binding, law books, books of reference and periodicals, and postage
on foreign mail.
(Feb. 23, 1917, ch. 114, 7, 39 Stat. 933; Oct. 6, 1917, ch. 79, 1,
40 Stat. 345; Ex. Ord. No. 6166, 15, June 10, 1933; June 26, 1934,
ch. 756, 2, 48 Stat. 1225; 1939 Reorg. Plan No. I, 201, 204, eff.
July 1, 1939, 4 F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5,
8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub.
L. 96-88, title III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
Section 17 of this title, referred to in text, was repealed by Pub.
L. 89-554, 8(b), Sept. 6, 1966, 80 Stat. 643.
Section is comprised of act Feb. 23, 1917, constituting this section
with the exception of the last clause and act Oct. 6, 1917,
constituting the last clause.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Federal Board for Vocational Education and its functions abolished by
Reorg. Plan No. 2 of 1946, 8, eff. July 16, 1946, 11 F.R. 7875, 60
Stat. 1096, set out in the Appendix to Title 5.
Office of Education, in Department of the Interior, including Federal
Board for Vocational Education, transferred to Federal Security Agency
by Reorg. Plan No. I of 1939, set out in the Appendix to Title 5.
Functions of Federal Board for Vocational Education transferred to
Department of the Interior and Board required to act in an advisory
capacity without compensation, by Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5.
Section 2 of act June 26, 1934, ch. 756, 48 Stat. 1225, which was
classified to section 725a of former Title 31, Money and Finance,
repealed the permanent appropriation under the title ''Salaries and
expenses, Federal Board for Vocational Education (fiscal year) (0-801)''
effective July 1, 1935, and provided that such portions of any Acts as
make permanent appropriations to be expended under such account are
amended so as to authorize, in lieu thereof, annual appropriations from
the general fund of the Treasury in identical terms and in such amounts
as now provided by the laws providing such permanent appropriations.
Samoa, provisions applicable, see section 1666 of Title 48,
Territories and Insular Possessions.
20 USC 15a to 15g. Omitted
TITLE 20 -- EDUCATION
Sections 15a to 15c, act Feb. 5, 1929, ch. 153, 1-3, 45 Stat.
1151, appropriated money to be used for further development of
vocational education in States and Territories but appropriations were
authorized for only four years after the fiscal year ending June 30,
1930.
Sections 15d to 15g, act May 21, 1934, ch. 324, 1-4, 48 Stat.
792, provided for further development of vocational education in several
States and Territories by authorizing additional appropriations for the
fiscal years 1935-37.
Section 7 of act June 8, 1936, ch. 541, 49 Stat. 1490, incorporated
in section 15o of this title, provided that appropriations authorized by
act June 8, 1936, incorporated in sections 15h to 15p of this title,
''shall be in lieu thereof and not in addition to the appropriations
authorized in'' sections 1 and 2 of act May 21, 1934.
20 USC 15h to 15m. Repealed. Pub. L. 90-576, title I, 103, Oct. 16,
1968, 82 Stat. 1091
TITLE 20 -- EDUCATION
Section 15h, acts June 8, 1936, ch. 541, 1, 49 Stat. 1488; Aug.
1, 1946, ch. 725, 1, 60 Stat. 775, provided for a popular name. See
Short Title note set out under section 11 of this title. Subject matter
of section prior to its amendment related to the development of
vocational education in States and Territories, appropriations and their
allotment, and matching of funds by States and Territories, and was
replaced by sections 15j and 15k of this title.
Section 15i, acts June 8, 1936, ch. 541, 2, 49 Stat. 1488; Aug.
1, 1946, ch. 725, title I, 101, 60 Stat. 775; Aug. 2, 1956, ch.
871, title III, 301, 70 Stat. 925; June 25, 1959, Pub. L. 86-70,
18(b)(2), 73 Stat. 144; July 12, 1960, Pub. L. 86-624, 14(b)(3), 74
Stat. 414, defined ''States and Territories'', ''State plan'', ''State
board'', and ''Smith-Hughes Vocational Education Act''.
Section 15j, acts June 8, 1936, ch. 541, 3, 49 Stat. 1489; Aug.
1, 1946, ch. 725, title I, 101, 60 Stat. 775; Aug. 2, 1956, ch.
871, title III, 301, 70 Stat. 925; Aug. 8, 1956, ch. 1039, 2, 70
Stat. 1126, authorized appropriations for programs in vocational
education in agriculture, home economics, trades and industry,
distributive occupations, and fishery trades.
Section 15k, acts June 8, 1936, ch. 541, 4, 49 Stat. 1489; Aug.
1, 1946, ch. 725, title I, 101, 60 Stat. 776; Aug. 2, 1956, ch.
871, title III, 301, 70 Stat. 925, required that Federal funds be
matched by State and local funds in order to receive benefits of section
15i et seq. of this title.
Section 15l, acts June 8, 1936, ch. 541, 5, 49 Stat. 1489; 1940
Reorg. Plan No. III, 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54
Stat. 1231; Aug. 1, 1946, ch. 725, title I, 101, 60 Stat. 776;
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 925, provided for
method of payment of funds to which the State or Territory was entitled
under section 15i et seq. of this title.
Section 15m, acts June 8, 1936, ch. 541, 6, 49 Stat. 1489; Aug.
1, 1946, ch. 725, title I, 101, 60 Stat. 777; Aug. 2, 1956, ch.
871, title, III, 301, 70 Stat. 925, made funds available for salary
and expenses of State directors.
For general subject matter of sections 15i to 15m, see section 1241
et seq. of this title.
Section 103 of Pub. L. 90-576 provided that the repeal is effective
July 1, 1969.
20 USC 15n. Omitted
TITLE 20 -- EDUCATION
Section, act June 8, 1936, ch. 541, 6a, 49 Stat. 1490, limited
expenditures on industrial plant training and was omitted in the
amendment of act June 8, 1936 by act Aug. 1, 1946, ch. 725, 60 Stat.
775.
20 USC 15o to 15q. Repealed. Pub. L. 90-576, title I, 103, Oct. 16,
1968, 82 Stat. 1091
TITLE 20 -- EDUCATION
Section 15o, acts June 8, 1936, ch. 541, 7, 49 Stat. 1490; Aug.
1, 1946, ch. 725, title I, 101, 60 Stat. 777; Aug. 2, 1956, ch.
871, title III, 301, 70 Stat. 925, made the Smith-Hughes Vocational
Education Act applicable to the development of vocational education.
Section 15p, acts June 8, 1936, ch. 541, 8, 49 Stat. 1490; Aug.
1, 1946, ch. 725, title I, 101, 60 Stat. 777; Aug. 2, 1956, ch.
871, title III, 301, 70 Stat. 925, required that industrial-plant
training be bona-fide vocational training and that no more than 10
percent be used for the purchase or acquisition of equipment.
Section 15q, act June 8, 1936, ch. 541, 9, as added Aug. 1, 1946,
ch. 725, title I, 101, 60 Stat. 777; amended Reorg. Plan No. 1 of
1953, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 2,
1956, ch. 871, title III, 301, 70 Stat. 925, authorized
appropriations for Office of Education.
For general subject matter of sections 15o to 15q, see section 1241
et seq. of this title.
Section 103 of Pub. L. 90-576 provided that the repeal is effective
July 1, 1969.
20 USC 15aa to 15jj. Repealed. Pub. L. 90-576, title I, 103, Oct.
16, 1968, 82 Stat. 1091
TITLE 20 -- EDUCATION
Section 15aa, act Aug. 1, 1946, ch. 725, title II, 201, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 925; amended Apr.
24, 1961, Pub. L. 87-22, 2, 75 Stat. 44; Dec. 18, 1963, Pub. L.
88-210, 11(a)(1), 77 Stat. 411, authorized an appropriation for grants
to States with State plans for practical nurse training.
Section 15bb, act Aug. 1, 1946, ch. 725, title II, 202, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 926; amended Apr.
24, 1961, Pub. L. 87-22, 3, 75 Stat. 44; Dec. 18, 1963, Pub. L.
88-210, 11(a)(2), 77 Stat. 411, provided for grants to States for
practical nurse training.
Section 15cc, act Aug. 1, 1946, ch. 725, title II, 203, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 926; amended Apr.
24, 1961, Pub. L. 87-22, 4, 75 Stat. 44, set out requirements for
State plans under sections 15aa to 15jj of this title.
Section 15dd, act Aug. 1, 1946, ch. 725, title II, 204, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 927, set out method
of making and computing payments to States.
Section 15ee, act Aug. 1, 1946, ch. 725, title II, 205, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 927, set out duties
and authority of Commissioner in carrying out sections 15aa to 15jj of
this title.
Section 15ff, act Aug. 1, 1946, ch. 725, title II, 206, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 928, authorized
appointment of advisory committees by Commissioner.
Section 15gg, act Aug. 1, 1946, ch. 725, title II, 207, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 928, provided that
amounts paid under sections 15aa to 15jj of this title should in no way
affect the availability of funds for practical nurse training under
sections 11 to 15, 16, and 18 to 28 and sections 15i to 15m and 15o to
15q of this title.
Section 15hh, act Aug. 1, 1946, ch. 725, title II, 208, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 928, required
Commissioner to submit an annual report on administration of sections
15aa to 15jj of this title.
Section 15ii, act Aug. 1, 1946, ch. 725, title II, 209, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 928, authorized
appropriation of funds necessary to administer sections 15aa to 15jj of
this title.
Section 15jj, act Aug. 1, 1946, ch. 725, title II, 210, as added
Aug. 2, 1956, ch. 871, title III, 301, 70 Stat. 928; amended June
25, 1959, Pub. L. 86-70, 18(b)(3), 73 Stat. 144; July 12, 1960, Pub.
L. 86-624, 14(b)(4), 74 Stat. 414; Apr. 24, 1961, Pub. L. 87-22,
5, 75 Stat. 44, defined terms as used in sections 15aa to 15jj of this
title.
For general subject matter of sections 15aa to 15jj, see section 1241
et seq. of this title.
Section 103 of Pub. L. 90-576 provided that the repeal is effective
July 1, 1969.
20 USC 15aaa to 15ggg. Repealed. Pub. L. 90-576, title I, 103, Oct.
16, 1968, 82 Stat. 1091
TITLE 20 -- EDUCATION
Section 15aaa, act Aug. 1, 1946, ch. 725, title III, 301, as added
Sept. 2, 1958, Pub. L. 85-864, title VIII, 802, 72 Stat. 1597;
amended Oct. 3, 1961, Pub. L. 87-344, title II, 207, 75 Stat. 760;
Dec. 18, 1963, Pub. L. 88-210, 11(b), 77 Stat. 411, authorized an
appropriation of $15,000,000 annually for area vocational education
programs.
Section 15bbb, act Aug. 1, 1946, ch. 725, title III, 302, as added
Sept. 2, 1958, Pub. L. 85-864, title VIII, 802, 72 Stat. 1598,
covered allotment of funds appropriated under section 15aaa of this
title.
Section 15ccc, act Aug. 1, 1946, ch. 725, title III, 303, as added
Sept. 2, 1958, Pub. L. 85-864, title VIII, 802, 72 Stat. 1598, set
out conditions which States had to fulfill to qualify for payments.
Section 15ddd, act Aug. 1, 1946, ch. 725, title III, 304, as added
Sept. 2, 1958, Pub. L. 85-864, title VIII, 802, 72 Stat. 1599, set
out requirements of programs under sections 15aaa to 15ggg of this
title.
Section 15eee, act Aug. 1, 1946, ch. 725, title III, 305, as added
Sept. 2, 1958, Pub. L. 85-864, title VIII, 802, 72 Stat. 1599,
covered additional State plan requirements for eligibility under
sections 15aaa to 15ggg of this title.
Section 15fff, act Aug. 1, 1946, ch. 725, title III, 306, as added
Sept. 2, 1958, Pub. L. 85-864, title VIII, 802, 72 Stat. 1600,
authorized appropriations to administer sections 15aaa to 15ggg of this
title.
Section 15ggg, act Aug. 1, 1946, ch. 725, title III, 307, as added
Sept. 2, 1958, Pub. L. 85-864, title VIII, 802, 72 Stat. 1600;
amended June 25, 1959, Pub. L. 86-70, 18(b)(3), 73 Stat. 144; July
12, 1960, Pub. L. 86-624, 14(b)(4), 74 Stat. 414, defined terms as
used in sections 15aaa to 15ggg of this title.
For general subject matter of sections 15aaa to 15ggg, see section
1241 et seq. of this title.
Section 103 of Pub. L. 90-576 provided that the repeal is effective
July 1, 1969.
20 USC 16. Acceptance of benefits of appropriations by States;
creation of State boards
TITLE 20 -- EDUCATION
In order to secure the benefits of the appropriations provided for in
sections 12 to 14 of this title, any State shall, through the
legislative authority thereof, accept the provisions of this chapter and
designate or create a State board, consisting of not less than three
members, and having all necessary power to cooperate, as herein
provided, with the Department of Education, in the administration of the
provisions of this chapter. The State board of education, or other
board having charge of the administration of public education in the
State, or any State board having charge of the administration of any
kind of vocational education in the State may, if the State so elect, be
designated as the State board, for the purposes of this chapter.
Any State may accept the benefits of any one or more of the
respective funds herein appropriated, and it may defer the acceptance of
the benefits of any one or more of such funds, and shall be required to
meet only the conditions relative to the fund or funds the benefits of
which it has accepted, except that no State shall receive any
appropriations for salaries of teachers, supervisors, or directors of
agricultural subjects, until it shall have taken advantage of at least
the minimum amount appropriated for the training of teachers,
supervisors, or directors of agricultural subjects, as provided for in
this chapter, and no State shall receive any appropriation for the
salaries of teachers of trade, home economics, and industrial subjects
until it shall have taken advantage of at least the minimum amount
appropriated for the training of teachers of trade, home economics, and
industrial subjects, as provided for in this chapter.
(Feb. 23, 1917, ch. 114, 5, 39 Stat. 931; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 17. Repealed. Pub. L. 89-554, 8(a), Sept. 6, 1966, 80 Stat.
643
TITLE 20 -- EDUCATION
Section, act Feb. 23, 1917, ch. 114, 6, 39 Stat. 932, created a
Federal Board for Vocational Education, and provided for appointments,
salary, powers and duties.
20 USC 18. Plans and reports by State boards to be submitted to
Department of Education
TITLE 20 -- EDUCATION
In order to secure the benefits of the appropriation for any purpose
specified in this chapter, the State board shall prepare plans, showing
the kinds of vocational education for which it is proposed that the
appropriation shall be used; the kinds of schools and equipment;
courses of study; methods of instruction; qualifications of teachers;
and, in the case of agricultural subjects, the qualifications of
supervisors or directors; plans for the training of teachers; and, in
the case of agricultural subjects, plans for the supervision of
agricultural education, as provided for in section 20 of this title.
Such plans shall be submitted by the State board to the Department of
Education, and if such Department finds the same to be in conformity
with the provisions and purposes of this chapter, the same shall be
approved. The State board shall make an annual report to the Department
of Education, on or before September 1st of each year, on the work done
in the State and the receipts and expenditures of money under the
provisions of this chapter.
(Feb. 23, 1917, ch. 114, 8, 39 Stat. 933; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 19. Expenditure of appropriations; expenses to be borne by
States
TITLE 20 -- EDUCATION
The appropriation for the salaries of teachers, supervisors, or
directors of agricultural subjects and of teachers of trade, home
economics, and industrial subjects shall be devoted exclusively to the
payment of salaries of such teachers, supervisors, or directors having
the minimum qualifications set up for the State by the State board, with
the approval of the Department of Education. The cost of instruction
supplementary to the instruction in agricultural /1/ and in trade, home
economics, and industrial subjects provided for in this chapter,
necessary to build a well-rounded course of training, shall be borne by
the State and local communities, and no part of the cost thereof shall
be borne out of the appropriations made in said sections. The moneys
expended under the provisions of said sections, in cooperation with the
States, for the salaries of teachers, supervisors, or directors of
agricultural subjects, or for the salaries of teachers of trade, home
economics, and industrial subjects, shall be conditioned that for each
dollar of Federal money expended for such salaries the State or local
community or both, shall expend an equal amount for such salaries; and
that appropriations for the training of teachers of vocational subjects,
as provided in this chapter, shall be conditioned that such money be
expended for maintenance of such training and that for each dollar of
Federal money so expended for maintenance, the State or local community,
or both, shall expend an equal amount for the maintenance of such
training.
(Feb. 23, 1917, ch. 114, 9, 39 Stat. 933; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
/1/ So in original. Probably should be ''agriculture''.
20 USC 20. Plans by State boards; use of appropriations;
agricultural subjects
TITLE 20 -- EDUCATION
Any State may use the appropriation for agricultural purposes, or any
part thereof allotted to it, under the provisions of this chapter, for
the salaries of teachers, supervisors, or directors of agricultural
subjects, either for the salaries of teachers of such subjects in
schools or classes or for the salaries of supervisors or directors of
such subjects under a plan of supervision for the State to be set up by
the State board, with the approval of the Department of Education. In
order to receive the benefits of such appropriation for the salaries of
teachers, supervisors, or directors of agricultural subjects the State
board of any State shall provide in its plan for agricultural education
that such education shall be that which is under public supervision or
control; that the controlling purpose of such education shall be to fit
for useful employment; that such education shall be of less than
college grade and be designed to meet the needs of persons over fourteen
years of age who have entered upon or who are preparing to enter upon
the work of the farm or of the farm home; that the State or local
community, or both, shall provide the necessary plant and equipment
determined upon by the State board, with the approval of the Department
of Education, as the minimum requirement for such education in schools
and classes in the State; that the amount expended for the maintenance
of such education in any school or class receiving the benefit of such
appropriation shall be not less annually than the amount fixed by the
State board, with the approval of the Department of Education, as the
minimum for such schools or classes in the State; that such schools
shall provide for directed or supervised practice in agriculture, either
on a farm provided for by the school or other farm, for at least six
months per year; that the teachers, supervisors, or directors of
agricultural subjects shall have at least the minimum qualifications
determined for the State by the State board, with the approval of the
Department of Education.
(Feb. 23, 1917, ch. 114, 10, 39 Stat. 934; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 21. Plans by State boards; use of appropriations; trade, home
economics, and industrial subjects
TITLE 20 -- EDUCATION
In order to receive the benefits of the appropriation for the
salaries of teachers of trade, home economics, and industrial subjects
the State board of any State shall provide in its plan for trade, home
economics, and industrial education that such education shall be given
in schools or classes under public supervision or control; that the
controlling purpose of such education shall be to fit for useful
employment; that such education shall be of less than college grade and
shall be designed to meet the needs of persons over fourteen years of
age who are preparing for a trade or industrial pursuit or who have
entered upon the work of a trade or industrial pursuit; that the State
or local community, or both, shall provide the necessary plant and
equipment determined upon by the State board, with the approval of the
Department of Education, as the minimum requirement in such State for
education for any given trade or industrial pursuit; that the total
amount expended for the maintenance of such education in any school or
class receiving the benefit of such appropriation shall be not less
annually than the amount fixed by the State board, with the approval of
the Department of Education, as the minimum for such schools or classes
in the State; that such schools or classes giving instruction to
persons who have not entered upon employment shall require that at least
half of the time of such instruction be given to practical work on a
useful or productive basis, such instruction to extend over not less
than nine months per year and not less than thirty hours per week; that
at least one-third of the sum appropriated to any State for the salaries
of teachers of trade, home economics, and industrial subjects shall, if
expended, be applied to part-time schools or classes for workers over
fourteen years of age who have entered upon employment, and such
subjects in a part-time school or class may mean any subject given to
enlarge the civic or vocational intelligence of such workers over
fourteen and less than eighteen years of age; that such part-time
schools or classes shall provide for not less than one hundred and
forty-four hours of classroom instruction per year; that evening
industrial schools shall fix the age of sixteen years as a minimum
entrance requirement and shall confine instruction to that which is
supplemental to the daily employment; that the teachers of any trade or
industrial subject in any State shall have at least the minimum
qualifications for teachers of such subject determined upon for such
State by the State board, with the approval of the Department of
Education. For cities and towns of less than twenty-five thousand
population, according to the last preceding United States census, the
State board, with the approval of the Department of Education, may
modify the conditions as to the length of course and hours of
instruction per week for schools and classes giving instruction to those
who have not entered upon employment, in order to meet the particular
needs of such cities and towns.
(Feb. 23, 1917, ch. 114, 11, 39 Stat. 934; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 22. Plans by State boards; use of appropriations; training of
teachers, supervisors, or directors
TITLE 20 -- EDUCATION
In order for any State to receive the benefits of the appropriation
in this chapter for the training of teachers, supervisors, or directors
of agricultural subjects, or of teachers of trade, industrial or home
economics subjects, the State board of such State shall provide in its
plan for such training that the same shall be carried out under the
supervision of the State board; that such training shall be given in
schools or classes under public supervision or control; that such
training shall be given only to persons who have had adequate vocational
experience or contact in the line of work for which they are preparing
themselves as teachers, supervisors, or directors, or who are acquiring
such experience or contact as a part of their training; and that the
State board, with the approval of the Department of Education, shall
establish minimum requirements for such experience or contact for
teachers, supervisors, or directors of agricultural subjects and for
teachers of trade, industrial, and home economics subjects; that not
more than 60 per centum nor less than 20 per centum of the money
appropriated under this chapter for the training of teachers of
vocational subjects to any State for any year shall be expended for any
one of the following purposes: For the preparation of teachers,
supervisors, or directors of agricultural subjects, or the preparation
of teachers of trade and industrial subjects, or the preparation of
teachers of home economics subjects.
(Feb. 23, 1917, ch. 114, 12, 39 Stat. 935; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 23. State custodians of funds appropriated
TITLE 20 -- EDUCATION
In order to secure the benefits of the appropriations for the
salaries of teachers, supervisors, or directors of agricultural
subjects, or for the salaries of teachers of trade, home economics, and
industrial subjects, or for the training of teachers as provided in this
chapter, any State shall, through the legislative authority thereof,
appoint as custodian for said appropriations its State treasurer, who
shall receive and provide for the proper custody and disbursements of
all money paid to the State from said appropriations.
(Feb. 23, 1917, ch. 114, 13, 39 Stat. 935.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
20 USC 24. Supervision of expenditures by States; quarterly payments
to States
TITLE 20 -- EDUCATION
The Department of Education shall annually ascertain whether the
several States are using, or are prepared to use, the money received by
them in accordance with the provisions of this chapter. On or before
the first day of January of each year the Department of Education shall
certify to the Secretary of the Treasury each State which has accepted
the provisions of this chapter and complied therewith, certifying the
amounts which each State is entitled to receive under the provisions of
this chapter. Upon such certification the Secretary of the Treasury
shall pay quarterly to the custodian for vocational education of each
State the moneys to which it is entitled under the provisions of this
chapter. The moneys so received by the custodian for vocational
education for any State shall be paid out on the requisition of the
State board as reimbursement for expenditures already incurred to such
schools as are approved by said State board and are entitled to receive
such moneys under the provisions of this chapter.
(Feb. 23, 1917, ch. 114, 14, 39 Stat. 935; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 25. Deductions from allotments when preceding allotments have
not been expended
TITLE 20 -- EDUCATION
Whenever any portion of the fund annually allotted to any State has
not been expended for the purpose provided for in this chapter, a sum
equal to such portion shall be deducted by the Department of Education
from the next succeeding annual allotment from such fund to such State.
(Feb. 23, 1917, ch. 114, 15, 39 Stat. 936; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 26. Withholding allotments
TITLE 20 -- EDUCATION
The Department of Education may withhold the allotment of moneys to
any State whenever it shall be determined that such moneys are not being
expended for the purposes and under the conditions of this chapter.
If any allotment is withheld from any State, the State board of such
State may appeal to the Congress of the United States, and if the
Congress shall not direct such sum to be paid it shall be covered into
the Treasury.
(Feb. 23, 1917, ch. 114, 16, 39 Stat. 936; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
20 USC 27. Loss of funds; replacing; limitation on use
TITLE 20 -- EDUCATION
If any portion of the moneys received by the custodian for vocational
education of any State under this chapter, for any given purpose named
in this chapter, shall, by any action or contingency, be diminished or
lost, it shall be replaced by such State, and until so replaced no
subsequent appropriation for such education shall be paid to such State.
No portion of any moneys appropriated under this chapter for the
benefit of the States shall be applied, directly or indirectly, to the
purchase, erection, preservation, or repair of any building or buildings
or equipment, or for the purchase or rental of lands, or for the support
of any religious or privately owned or conducted school or college.
(Feb. 23, 1917, ch. 114, 17, 39 Stat. 936.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
20 USC 28. Reports to Congress by Department of Education
TITLE 20 -- EDUCATION
The Department of Education shall make an annual report to Congress,
on or before December 1, on the administration of this chapter and shall
include in such report the reports made by the State boards on the
administration of this chapter by each State and the expenditure of the
money allotted to each State.
(Feb. 23, 1917, ch. 114, 18, 39 Stat. 936; Ex. Ord. No. 6166, 15,
June 10, 1933; 1939 Reorg. Plan No. I, 201, 204, eff. July 1, 1939, 4
F.R. 2728, 53 Stat. 1424; 1953 Reorg. Plan No. 1, 5, 8, eff. Apr. 11,
1953, 18 F.R. 2053, 67 Stat. 631; Oct. 17, 1979, Pub. L. 96-88, title
III, 301, title V, 507, 93 Stat. 677, 692.)
This chapter, referred to in text, was in the original ''this Act'',
meaning act Feb. 23, 1917, which was classified to sections 11 to 15
and 16 to 28 of this title. Other sections formerly contained in this
chapter were based on other acts, and have been omitted or repealed.
''Department of Education'' substituted in text for ''Department of
Health, Education, and Welfare'' pursuant to sections 301 and 507 of
Pub. L. 96-88, which are classified to sections 3441 and 3507 of this
title and which transferred functions and offices (relating to
education) of Department of Health, Education, and Welfare to Department
of Education.
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare and all agencies of Federal Security
Agency transferred to Department of Health, Education, and Welfare by
section 5 of Reorg. Plan No. 1 of 1953, set out in the Appendix to
Title 5, Government Organization and Employees. Federal Security Agency
and office of Administrator abolished by section 8 of Reorg. Plan No.
1 of 1953.
Transfer of functions of Federal Board for Vocational Education to
Department of the Interior under Ex. Ord. No. 6166, set out as a note
under section 901 of Title 5, and from there to Federal Security Agency
by Reorg. Plan No. I of 1939, and in 1946 abolishment of Board and its
functions by Reorg. Plan No. 2 of 1946, see notes set out under
section 11 of this title.
Department of Education, submission of State board reports to, see
section 18 of this title.
20 USC 29. Repealed. Pub. L. 86-624, 14(b)(1), July 12, 1960, 74
Stat. 413
TITLE 20 -- EDUCATION
Section, act Mar. 10, 1924, ch. 46, 4, 43 Stat. 18, extended
benefits of chapter to Territory of Hawaii.
Repeal applicable in the case of fiscal years beginning after June
30, 1960, see section 47(c) of Pub. L. 86-624, set out as an Effective
Date of 1960 Amendment note under section 12 of this title.
20 USC 30 to 34. Repealed. Pub. L. 90-576, title I, 103, Oct. 16,
1968, 82 Stat. 1091
TITLE 20 -- EDUCATION
Section 30, acts Mar. 3, 1931, ch. 404, 1, 46 Stat. 1489; May
17, 1932, ch. 190, 47 Stat. 158, extended to Puerto Rico the benefits
of sections 11-15, 16, and 18-28 of this title.
Section 31, act Mar. 18, 1950, ch. 71, 1, 64 Stat. 27, extended
to Virgin Islands the benefits of Vocational Education Act of 1946
(sections 15i to 15m, 15o to 15q, 15aa to 15jj, and 15aaa to 15ggg of
this title).
Section 32, act Mar. 18, 1950, ch. 71, 2, 64 Stat. 27; 1953
Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat.
631, authorized distribution of funds to Virgin Islands.
Section 33, act Mar. 18, 1950, ch. 71, 3, 64 Stat. 27; 1953
Reorg. Plan No. 1, 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat.
631, set conditions governing use and payment of funds in Virgin
Islands.
Section 34, act Aug. 1, 1956, ch. 852, 9, 70 Stat. 909, extended
to Guam the benefits of Vocational Education Act of 1946.
Section 103 of Pub. L. 90-576 provided that the repeal is effective
July 1, 1969.
20 USC 35 to 35n. Omitted
TITLE 20 -- EDUCATION
Sections 35, 35 note, and 35a to 35n, which were enacted by Part A of
Pub. L. 88-210, 1-10, 12-17, Dec. 18, 1963, 77 Stat. 403 to 415, to
be known as the ''Vocational Education Act of 1963'' were omitted in the
general reorganization of Pub. L. 88-210 by Pub. L. 90-576, title I,
101, Oct. 16, 1968, 82 Stat. 1064, which redesignated such Part A as
title I of Pub. L. 88-210 and, as so redesignated, completely
reorganized such title I and authorized its citation as the ''Vocational
Education Act of 1963''. Such act, as redesignated and reorganized, was
classified to section 1241 et seq. of this title.
Section 35, Pub. L. 88-210, 1, Dec. 18, 1963, 77 Stat. 403, set
out declaration of policy as to sections 35 to 35n of this title.
Section 35 note, Pub. L. 88-210, 17, Dec. 18, 1963, 77 Stat. 415,
named sections 1-17 of Pub. L. 88-210 the ''Vocational Education Act of
1963''. See Short Title note set out under section 2301 of this title.
Section 35a, Pub. L. 88-210, 2, Dec. 18, 1963, 77 Stat. 403,
authorized annual appropriations.
Section 35b, Pub. L. 88-210, 3, Dec. 18, 1963, 77 Stat. 403,
covered determination of allotment to be made to each State of sums
appropriated under section 35a of this title.
Section 35c, Pub. L. 88-210, 4, Dec. 18, 1963, 77 Stat. 405, set
out allowable uses for allotments.
Section 35d, Pub. L. 88-210, 5, Dec. 18, 1963, 77 Stat. 405, set
out requisite elements of State plan and covered the designation of
State board and State advisory council, policy and procedure for
allocation of allotment, qualifications of persons under the plan,
arrangements with public employment offices, accounting and fiscal
control, labor standards, and reports.
Section 35e, Pub. L. 88-210, 6, Dec. 18, 1963, 77 Stat. 407, set
conditions for payments to States.
Section 35f, Pub. L. 88-210, 7, Dec. 18, 1963, 77 Stat. 408,
provided for application of labor standards under the Davis-Bacon Act
(40 U.S.C. 276a to 276a-5) to construction projects assisted under
sections 35 to 35n of this title.
Section 35g, Pub. L. 88-210, 8, Dec. 18, 1963, 77 Stat. 408,
defined terms used in sections 35 to 35n of this title.
Section 35h, Pub. L. 88-210, 9, Dec. 18, 1963, 77 Stat. 410,
established Advisory Committee on Vocational Education.
Section 35i, Pub. L. 88-210, 10, Dec. 18, 1963, 77 Stat. 410,
covered uses of allotments obtained under other statutes.
Section 35j, Pub. L. 88-210, 12, Dec. 18, 1963, 77 Stat. 411,
established Advisory Council on Vocational Education.
Section 35k, Pub. L. 88-210, 13, Dec. 18, 1963, 77 Stat. 412,
provided for creation and funding of work-study programs.
Section 35l, Pub. L. 88-210, 14, Dec. 18, 1963, 77 Stat. 414,
authorized grants for residential vocational education schools.
Section 35m, Pub. L. 88-210, 15, Dec. 18, 1963, 77 Stat. 415,
authorized appropriations for work-study and residential schools.
Section 35n, Pub. L. 88-210, 16, Dec. 18, 1963, 77 Stat. 415,
prohibited statutory construction authorizing Federal direction,
supervision, or controls of programs under sections 35 to 35n of this
title.
20 USC CHAPTER 3 -- SMITHSONIAN INSTITUTION, NATIONAL MUSEUMS AND ART
GALLERIES
TITLE 20 -- EDUCATION
Sec.
41. Incorporation of institution.
42. Board of Regents; members.
43. Appointment of regents; terms of office; vacancies.
44. Organization of board; expenses; gratuitous services.
45. Special meetings of members.
46. Duties of Secretary.
46a. Employment of aliens by Secretary.
47. Acting Secretary.
48. Salary and removal of Secretary and assistants.
49. Statement of expenditures.
50. Reception and arrangement of specimens and objects of art.
50a. Gellatly art collection; estimates of sums needed for
preservation and maintenance.
51. Library.
52. Evidence of title to site and buildings.
53. Protection of property.
53a. Authorization of appropriations.
54. Appropriation of interest.
55. Acceptance of other sums.
56. Disposal of unappropriated money.
57. Disbursements.
58. Annual report of salaries.
59. Collections of National Ocean Survey, United States Geological
Survey, and others deposited in National Museum.
60. Army articles furnished to National Museum.
61 to 65. Repealed.
65a. Director of the National Museum.
(a) Duties; programs and studies; annual report to Congress.
(b) Authorization of appropriations.
66. Repealed.
67. Right of repeal.
68. Repealed.
69. Anthropological researches; cooperation of Institution with
States, educational institutions, or scientific organizations.
70. Authorization of appropriations; cooperative work.
71. Designation of site.
71a. Additions; payment of construction costs from trust funds.
71b. Status of completed addition.
72. Board of Trustees.
(a) Establishment.
(b) Method of selection; term of office.
73. Acceptance of gift from A. W. Mellon.
74. Maintenance.
(a) Pledge of funds for upkeep; authorization of appropriations.
(b) Acceptance of gifts and other property; investment of funds.
(c) Appointment and compensation of officers and employees.
(d) Review of actions of board.
74a. Permanent loan of funds by Board of Trustees to Treasury;
semiannual interest payments to Board.
75. Authority and functions of the board.
(a) Official seal; bylaws, rules, and regulations; quorum.
(b) Quality of works of art.
(c) Powers and obligations.
(d) Annual reports.
75a. Definitions.
75b. Establishment of National Portrait Gallery; functions.
75c. Creation of National Portrait Gallery Commission; members;
functions; powers.
75d. Acceptance of gifts; title to property.
75e. Powers of Board.
75f. Director; appointment and compensation; officers and
employees.
75g. Authorization of appropriations.
76, 76a. Omitted.
76b. Functions of Regents.
(a) Solicitation of construction funds.
(b) Construction of building.
(c) Name of building; supervision and control.
76c. Policy to foster appreciation of past and contemporary art.
(a) Solicitations of private donations.
(b) Solicitation of funds to acquire and sell works of art; employ
artists, award scholarships, etc.
76d. Donations of works of art from Government agencies.
76e. Housing or exhibiting objects of art possessed by Smithsonian
Institution.
76f. Appointment, compensation, and duties of Director of Gallery;
personnel.
76g. Authorization of appropriations.
PERFORMING ARTS
76h. Bureau, Board of Trustees, and Advisory Committee.
(a) Establishment of bureau; direction by Board of Trustees;
composition of Board.
(b) Appointment of general trustees; terms of office.
(c) Advisory Committee on the Arts; designation of members and
Chairman; functions; service without compensation; travel,
subsistence, and other expenses.
76i. Construction of building; fund raising; designation as John
F. Kennedy Center for the Performing Arts; location and selection of
site; acquisition of lands; plans and specifications.
76j. Presentations, programs, facilities for activities, and
memorial in honor of the late President; restriction on additional
memorials.
76k. Trust funds, officers and employees, review of Board actions.
(a) Solicitation, acceptance, holding, administering of gifts,
bequests, devises; sale, exchange, investment of trust fund property;
deposit and expenditure of income.
(b) Appointment and fixing compensation and duties of officers and
employees; qualifications of director, assistant director, and
secretary.
(c) Judicial review.
76l. Official seal, Board vacancies and quorum, trustee powers and
obligations, reports, support services, and review and audit.
(a) Adoption of seal; Board function notwithstanding vacancies;
quorum.
(b) Powers and obligations of Board in respect of trust funds.
(c) Annual report of operations and finances.
(d) Repealed.
(e) Maintenance, repair, alteration, security, information and other
services.
(f) Audits.
76m, 76n. Repealed.
76o. Borrowing authority to finance parking facilities.
(a) Revenue bonds.
(b) Interest.
(c) Kennedy Center Revenue Bond Sinking Fund.
76p. Acceptance and disposition of gifts to the United States
contributed in honor or memory of the late President John F. Kennedy.
76q. Sole national memorial to the late John F. Kennedy within the
city of Washington and environs.
SCULPTURE GARDEN
76aa. Site for museum and sculpture garden.
(a) Appropriation and availability.
(b) Powers and duties of Board of Regents.
76bb. Joseph H. Hirshhorn Museum and Sculpture Garden.
(a) Designation; administration by Board of Regents; cooperation of
Board with Secretary of Interior.
(b) Federal funds.
(c) Uses.
76cc. Board of Trustees.
(a) Establishment; powers and duties.
(b) Membership; appointment; terms of office; vacancies.
76dd. Director, administrator, curators, and other personnel;
appointment, compensation, and duties.
76ee. Authorization of appropriations.
77. National Air and Space Museum.
(a) Establishment; board; administration; reimbursement of
expenses.
(b) Appointment and compensation of head of museum.
77a. Functions of museum.
77b. Repealed.
77c. Museum board.
(a) Seal; regulations; vacancies.
(b) Annual report.
77d. Transfer or loan of aeronautical or space flight equipment to
museum.
78. Cooperation of Smithsonian Institution with State institutions
for continuing paleontological investigations.
78a. Authorization of appropriations; availability of funds; limit
on use of funds during fiscal year; supervision; rules and
regulations.
79. Barro Colorado Island in Gatun Lake to be set aside.
79a. Preservation of natural features for scientific observation and
investigation.
79b. Functions of Smithsonian Institution.
79c. Resident manager; powers and duties; compensation.
79d. Deposit of receipts into Treasury; disbursements.
79e. Authorization of appropriations.
80. National Armed Forces Museum Advisory Board.
(a) Establishment; functions.
(b) Membership.
(c) Term of office; vacancies.
(d) Quorum.
(e) Compensation, travel and other expenses.
(f) Biennial organization; rules and regulations.
80a. Display of contributions of Armed Forces.
(a) Study center; historical collections.
(b) National Air and Space Museum provisions unaffected.
80b. Selection of site.
(a) Authorization of Board of Regents; submission of recommendations
to Congress.
(b) Public exhibits and study collections; exhibits of military and
naval operations.
80c. Transfer or loan of objects, equipment and records to
Smithsonian Institution.
80d. Authorization of appropriations.
80e. Congressional declaration of policy.
80f. Woodrow Wilson International Center for Scholars; Board of
Trustees of the Center.
(a) Establishment.
(b) Composition of Board.
(c) Appointment of alternate members by members of Board.
(d) Terms of office; vacancies; reappointment.
(e) Chairman and Vice Chairman of Board.
80g. Powers and duties of Board.
(a) Appointment of scholars; gifts, bequests, etc.; grants;
location of Center; physical facilities; compensation of officers;
plans and specifications for Center.
(b) Relocation assistance and programs.
80g-1. Hubert H. Humphrey Fellowship in Social and Political
Thought.
(a) Establishment in Center.
(b) Selection of Humphrey Fellow; term; compensation.
(c) Functions of Humphrey Fellow; publication and dissemination by
Board of Memorial Lectures.
(d) Hubert H. Humphrey Fellowship Trust Fund; establishment,
composition, investments, etc.
(e) Payments to Board from investments for implementation of
Fellowship purposes.
(f) Authorization of appropriations.
80h. Administration; quorum.
80i. Authorization of appropriations; limitations.
80j. Audit of accounts.
80k. Donation and transfer of lands and improvements, works of art,
and other assets and property of Museum of African Art to Smithsonian
Institution.
80l. Establishment of Museum of African Art; functions.
80m. Powers of Board.
(a) Acquisition, retention, and disposition of property; research
and education programs.
(b) Recommendations of Commission.
80n. Commission for the Museum of African Art.
(a) Establishment; duties.
(b) Membership.
(c) Terms of office.
(d) Quorum; vacancies.
(e) Travel, subsistence, and other expenses.
(f) Selection of officers; bylaws.
80o. Director, officers, and employees; appointment, compensation,
and duties.
80p. Funding.
(a) Federal funds for Museum.
(b) Authorization of appropriations.
80q. Findings.
80q-1. National Museum of the American Indian.
(a) Establishment.
(b) Purposes.
80q-2. Authority of Board of Regents to enter into agreement
providing for transfer of Heye Foundation assets to Smithsonian
Institution.
80q-3. Board of Trustees of National Museum of the American Indian.
(a) In general.
(b) General duties and powers.
(c) Sole authority.
(d) Authority.
(e) Initial appointments to Board of Trustees.
(f) Subsequent appointments to Board of Trustees.
(g) Quorum.
(h) Expenses.
80q-4. Director and staff of National Museum.
(a) In general.
(b) Offer of employment to Heye Foundation employees.
(c) Applicability of certain civil service laws.
80q-5. Museum facilities.
(a) National Museum mall facility.
(b) National Museum Heye Center facility.
(c) Museum Support Center facility.
(d) Minimum square footage.
(e) Authority to contract with GSA.
(f) Limitation on obligation of Federal funds.
80q-6. Custom House office space and auditorium.
(a) Repairs and alterations.
(b) Authorization of appropriation.
80q-7. Audubon Terrace.
(a) In general.
(b) Determination of charges.
(c) Definition.
80q-8. Board of Regents functions with respect to certain agreements
and programs.
(a) Priority to be given to Indian organizations with respect to
certain agreements.
(b) Indian programs.
(c) Indian Museum Management Fellowships.
(d) Authorization of appropriations.
80q-9. Inventory, identification, and return of Indian human remains
and Indian funerary objects in possession of Smithsonian Institution.
(a) Inventory and identification.
(b) Notice in case of identification of tribal origin.
(c) Return of Indian human remains and associated Indian funerary
objects.
(d) Return of Indian funerary objects not associated with Indian
human remains.
(e) Interpretation.
(f) Authorization of appropriations.
80q-10. Special committee to review inventory, identification, and
return of Indian human remains and Indian funerary objects.
(a) Establishment; duties.
(b) Membership.
(c) Access.
(d) Pay and expenses of members.
(e) Rules and administrative support.
(f) Report and termination.
(g) Nonapplicability of Federal Advisory Committee Act.
(h) Authorization of appropriations.
80q-11. Inventory, identification, and return of Native Hawaiian
human remains and Native Hawaiian funerary objects in possession of
Smithsonian Institution.
(a) In general.
(b) Definitions.
80q-12. Grants by Secretary of the Interior to assist Indian tribes
with respect to agreements for return of Indian human remains and Indian
funerary objects.
(a) In general.
(b) Authorization of appropriations.
80q-13. Grants by Secretary of the Interior to assist Indian
organizations with respect to renovation and repair of museum facilities
and exhibit facilities.
(a) Grants.
(b) Indian organization contribution.
(c) Tribal Museum Endowment Fund.
(d) Annual report.
80q-14. Definitions.
80q-15. Authorization of appropriations.
(a) Funding.
(b) Period of availability.
20 USC SUBCHAPTER I -- CHARTER PROVISIONS
TITLE 20 -- EDUCATION
20 USC 41. Incorporation of institution
TITLE 20 -- EDUCATION
The President, the Vice President, the Chief Justice, and the heads
of executive departments are constituted an establishment by the name of
the Smithsonian Institution for the increase and diffusion of knowledge
among men, and by that name shall be known and have perpetual succession
with the powers, limitations, and restrictions hereinafter contained,
and no other.
(R.S. 5579; Feb. 27, 1877, ch. 69, 19 Stat. 253; Mar. 12, 1894,
ch. 36, 28 Stat. 41.)
R.S. 5579 derived from acts Aug. 10, 1846, ch. 178, 1, 9 Stat.
102; Mar. 20, 1871, ch. 1, 17 Stat. 1.
R.S. 5579 to 5594 (codified as sections 41 to 46, 48, 50, 51 to 53,
54 to 57, and 67 of this title) constituted Title 73 of the Revised
Statutes, entitled ''The Smithsonian Institution.'' A preamble to these
sections was as follows: ''James Smithson, esquire, of London, in the
kingdom of Great Britain, having by his last will and testament given
the whole of his property to the United States of America, to found, at
Washington, under the name of the 'Smithsonian Institution,' an
establishment for the increase and diffusion of knowledge among men;
and the United States having, by an act of Congress, received said
property and accepted said trust; therefore, for the faithful execution
of said trust, according to the will of the liberal and enlightened
donor.''
R.S. 5579, as originally enacted, constituted the President, the
Vice-President, the Secretaries of State, the Treasury, War, and the
Navy, the Postmaster-General, the Attorney-General, the Chief Justice,
the Commissioner of the Patent Office, and the Governor of the District
of Columbia, and such persons as they might elect honorary members, an
establishment by the name of the ''Smithsonian Institution,'' for the
purposes and with the powers specified in the section as set forth here.
1894 -- Act Mar. 12, 1894, substituted ''the Chief Justice, and
heads of executive departments'' for ''the Secretary of State, the
Secretary of the Treasury, the Secretary of War, the Secretary of the
Navy, the Postmaster-General, the Attorney General, the Chief Justice,
the Commissioner of Patents, the governor of the District of Columbia,
and other such persons as they may elect honorary members''.
1877 -- Act Feb. 27, 1877, substituted ''Patents'' for ''Patent
Office''.
Pub. L. 89-674, 1, Oct. 15, 1966, 80 Stat. 953, provided: ''That
this Act (enacting section 65a of this title and repealing section 65 of
this title) may be cited as the 'National Museum Act of 1966'.''
20 USC 42. Board of Regents; members
TITLE 20 -- EDUCATION
The business of the Institution shall be conducted at the city of
Washington by a Board of Regents, named the Regents of the Smithsonian
Institution, to be composed of the Vice President, the Chief Justice of
the United States, three Members of the Senate, three Members of the
House of Representatives, and nine other persons, other than Members of
Congress, two of whom shall be resident in the city of Washington, and
seven of whom shall be inhabitants of some State, but no two of them of
the same State.
(R.S. 5580; Mar. 12, 1894, ch. 36, 28 Stat. 41; Dec. 15, 1970,
Pub. L. 91-551, 1(a), 84 Stat. 1439.)
R.S. 5580 derived from acts Aug. 10, 1846, ch. 178, 3, 9 Stat.
103; Jan. 10, 1865, ch. 11, 13 Stat. 420; Mar. 20, 1871, ch. 1, 17
Stat. 1.
1970 -- Pub. L. 91-551 authorized three additional persons on the
Board of Regents.
1894 -- Act Mar. 12, 1894, struck out ''the governor of the District
of Columbia'' after ''the Chief Justice of the United States,''.
National Zoological Park, administration by Regents of Smithsonian
Institution, see section 81 of this title.
20 USC 43. Appointment of regents; terms of office; vacancies
TITLE 20 -- EDUCATION
The regents to be selected shall be appointed as follows: The
Members of the Senate by the President thereof; the Members of the
House by the Speaker thereof; and the nine other persons by joint
resolution of the Congress. The Members of the House so appointed shall
serve for the term of two years; and on every alternate fourth
Wednesday of December a like number shall be appointed in the same
manner to serve until the fourth Wednesday in December, in the second
year succeeding their appointment. The Senators so appointed shall
serve during the term for which they shall hold, without re-election,
their office as Senators. Vacancies, occasioned by death, resignation,
or otherwise, shall be filled as vacancies in committees are filled.
The regular term of service for the other nine members shall be six
years; and new elections thereof shall be made by joint resolutions of
Congress. Vacancies occasioned by death, resignation, or otherwise may
be filled in like manner by joint resolution of Congress.
(R.S. 5581; Dec. 15, 1970, Pub. L. 91-551, 1(b), (c), 84 Stat.
1440.)
R.S. 5581 derived from act Aug. 10, 1846, ch. 178, 3, 9 Stat.
103.
1970 -- Pub. L. 91-551 authorized appointment of three additional
members of the board by joint resolution of Congress.
20 USC 44. Organization of board; expenses; gratuitous services
TITLE 20 -- EDUCATION
The Board of Regents shall meet in the city of Washington and elect
one of their number as chancellor, who shall be the presiding officer of
the Board of Regents, and called the chancellor of the Smithsonian
Institution, and a suitable person as Secretary of the institution, who
shall also be the secretary of the Board of Regents. The board shall
also elect three of their own body as an executive committee, and shall
fix the time for the regular meetings of the board; and, on application
of any three of the regents to the Secretary of the institution, it
shall be his duty to appoint a special meeting of the Board of Regents,
of which he shall give notice, by letter, to each of the members; and,
at any meeting of the board, eight shall constitute a quorum to do
business. Each member of the board shall be paid his necessary
traveling and other actual expenses, in attending meetings of the board,
which shall be audited by the executive committee, and recorded by the
Secretary of the board; but his service as regent shall be gratuitous.
(R.S. 5582; Dec. 15, 1970, Pub. L. 91-551, 1(d), 84 Stat. 1440.)
R.S. 5582 derived from act Aug. 10, 1846, ch. 178, 3, 9 Stat.
103.
1970 -- Pub. L. 91-551 increased number of members required to
constitute a quorum from five to eight.
20 USC 45. Special meetings of members
TITLE 20 -- EDUCATION
The members of the institution may hold stated and special meetings,
for the supervision of the affairs of the institution and the advice and
instruction of the Board of Regents, to be called in the manner provided
for in the by-laws of the institution, at which the President, and in
his absence the Vice President, shall preside.
(R.S. 5585.)
R.S. 5585 derived from act Aug. 10, 1846, ch. 178, 8, 9 Stat.
103.
20 USC 46. Duties of Secretary
TITLE 20 -- EDUCATION
The Secretary of the Board of Regents shall take charge of the
building and property of the institution, and shall, under their
direction, make a fair and accurate record of all their proceedings, to
be preserved in the institution until no longer needed in conducting
current business; and shall also discharge the duties of librarian and
of keeper of the museum, and may, with the consent of the Board of
Regents, employ assistants.
(R.S. 5583; Oct. 25, 1951, ch. 562, 2(4), 65 Stat. 639.)
R.S. 5583 derived from act Aug. 10, 1846, ch. 178, 7, 9 Stat.
105.
1951 -- Act Oct. 25, 1951, inserted ''until no longer needed in
conducting current business''.
Management and disposition of records, see sections 2101 et seq.,
2301 et seq., 2501 et seq., 2901 et seq., 3101 et seq., and 3301 et seq.
of Title 44, Public Printing and Documents.
Statement of expenditures, see section 49 of this title.
20 USC 46a. Employment of aliens by Secretary
TITLE 20 -- EDUCATION
The Secretary of the Smithsonian Institution, subject to adequate
security and other investigations as he may determine to be appropriate,
and subject further to a prior determination by him that no qualified
United States citizen is available for the particular position involved,
is authorized to employ and compensate aliens in a scientific or
technical capacity at authorized rates of compensation without regard to
statutory provisions prohibiting payment of compensation to aliens.
(Pub. L. 88-549, Aug. 31, 1964, 78 Stat. 754.)
20 USC 47. Acting Secretary
TITLE 20 -- EDUCATION
The chancellor of the Smithsonian Institution may, by an instrument
in writing filed in the office of the Secretary thereof, designate and
appoint a suitable person to act as Secretary of the Institution when
there shall be a vacancy in said office, and whenever the Secretary
shall be unable from illness, absence, or other cause to perform the
duties of his office; and in such case the person so appointed may
perform all the duties imposed on the Secretary by law until the vacancy
shall be filled or such inability shall cease. The said chancellor may
change such designation and appointment from time to time as the
interests of the Institution may in his judgment require.
(May 13, 1884, ch. 44, 23 Stat. 21.)
Act May 13, 1884 is derived from act Jan. 24, 1879, ch. 21, 20
Stat. 264.
20 USC 48. Salary and removal of Secretary and assistants
TITLE 20 -- EDUCATION
The Secretary and his assistants shall, respectively, receive for
their services such sum as may be allowed by the Board of Regents; and
shall be removable by the Board of Regents whenever, in their judgment,
the interests of the institution require such removal.
(R.S. 5584.)
R.S. 5584 derived from act Aug. 10, 1846, ch. 178, 7, 9 Stat.
105.
Provisions which related to semi-annual payments on the first day of
January and July have been omitted.
20 USC 49. Statement of expenditures
TITLE 20 -- EDUCATION
The Secretary shall submit to Congress annually at the beginning of
each regular session thereof a detailed statement of the expenditures of
the preceding fiscal year, under appropriations for ''International
Exchanges,'' ''North American Ethnology,'' and the ''National Museum.''
(Oct. 2, 1888, ch. 1069, 25 Stat. 529.)
Annual report of salaries, see section 58 of this title.
Printing and distribution of reports of Smithsonian Institution, see
section 1341 of Title 44, Public Printing and Documents.
20 USC 50. Reception and arrangement of specimens and objects of art
TITLE 20 -- EDUCATION
Whenever suitable arrangements can be made from time to time for
their reception, all objects of art and of foreign and curious research,
and all objects of natural history, plants, and geological and
mineralogical specimens belonging to the United States, which may be in
the city of Washington, in whosesoever custody they may be, shall be
delivered to such persons as may be authorized by the Board of Regents
to receive them, and shall be so arranged and classified in the building
erected for the institution as best to facilitate the examination and
study of them; and whenever new specimens in natural history, geology,
or mineralogy are obtained for the museum of the institution, by
exchanges of duplicate specimens, which the Regents may in their
discretion make, or by donation, which they may receive, or otherwise,
the Regents shall cause such new specimens to be appropriately classed
and arranged. The minerals, books, manuscripts, and other property of
James Smithson, which have been received by the Government of the United
States, shall be preserved separate and apart from other property of the
institution.
(R.S. 5586.)
R.S. 5586 derived from act Aug. 10, 1846, ch. 178, 6, 9 Stat.
105.
Pub. L. 101-455, Oct. 24, 1990, 104 Stat. 1067, provided that:
''SECTION 1. ADDITIONAL SPACE IN NATIONAL MUSEUM OF NATURAL HISTORY.
''The Board of Regents of the Smithsonian Institution is authorized
to plan, design, construct, and equip approximately 80,000 square feet
of space in the East Court of the National Museum of Natural History
building.
''SEC. 2. AUTHORIZATION OF APPROPRIATIONS.
''There is authorized to be appropriated to the Smithsonian
Institution for fiscal year 1991 not to exceed $30,000,000 to carry out
this Act.''
Research
Pub. L. 99-617, 1, Nov. 6, 1986, 100 Stat. 3488, provided that:
''(a) Construction Authorization. -- The Board of Regents of the
Smithsonian Institution is authorized to construct the Charles McC.
Mathias, Jr. Laboratory for Environmental Research.
''(b) Location. -- The Charles McC. Mathias, Jr. Laboratory for
Environmental Research shall be located at the Smithsonian Environmental
Research Center, a bureau of the Smithsonian Institution, located at
Edgewater, Maryland.
''(c) Authorization of Appropriations. -- Effective October 1, 1986,
there is authorized to be appropriated to the Board of Regents of the
Smithsonian Institution $1,000,000 to carry out the purposes of this
section.
''(d) Transfer of Funds. -- Any portion of the sums appropriated to
carry out the purposes of this section may be transferred to the General
Services Administration which, in consultation with the Smithsonian
Institution, is authorized to enter into contracts and take such other
action, to the extent of the sums so transferred to it, as may be
necessary to carry out such purposes.''
Construction and Appropriations
Pub. L. 99-423, Sept. 30, 1986, 100 Stat. 963, provided: ''That
the Board of Regents of the Smithsonian Institution is authorized to
plan and construct facilities for the Smithsonian Astrophysical
Observatory and the Smithsonian Tropical Research Institute.
''Sec. 2. Effective October 1, 1986, there is authorized to be
appropriated to the Board of Regents of the Smithsonian Institution:
''(a) $4,500,000 for the Smithsonian Astrophysical Observatory; and
''(b) $11,100,000 for the Smithsonian Tropical Research Institute.
''Sec. 3. Any portion of the sums appropriated to carry out the
purposes of this Act may be transferred to the General Services
Administration which, in consultation with the Smithsonian Institution,
is authorized to enter into contracts and take such other action, to the
extent of the sums so transferred to it, as may be necessary to carry
out such purposes.''
Pub. L. 98-73, Aug. 11, 1983, 97 Stat. 406, provided: ''That the
Smithsonian Institution is authorized to purchase land in Santa Cruz
County, Arizona, for the permanent headquarters of the Fred Lawrence
Whipple Observatory.
''Sec. 2. Effective October 1, 1984, there is authorized to be
appropriated $150,000 to carry out the purposes of this Act.''
Pub. L. 97-203, June 24, 1982, 96 Stat. 129, provided: ''That the
Board of Regents of the Smithsonian Institution is authorized to
construct a building for the National Museum of African Art and a center
for Eastern art together with structures for related educational
activities in the area south of the original Smithsonian Institution
Building adjacent to Independence Avenue at Tenth Street Southwest, in
the city of Washington.
''Sec. 2. Effective October 1, 1982, there is authorized to be
appropriated to the Board of Regents of the Smithsonian Institution
$36,500,000 to carry out the purposes of this Act (this note). Except
for funds obligated or expended for planning, administration, and
management expenses, and architectural or other consulting services, no
funds appropriated pursuant to this section shall be obligated or
expended until such time as there is available to such Board, from
private donations or from other non-Federal sources, a sum which, when
combined with the funds so appropriated, is sufficient to carry out the
purposes of this Act.
''Sec. 3. Any portion of the sums appropriated to carry out the
purposes of this Act (this note) may be transferred to the General
Services Administration which, in consultation with the Smithsonian
Institution, is authorized to enter into contracts and take such other
action, to the extent of the sums so transferred to it, as may be
necessary to carry out such purposes.''
Adjacent to Original Building
Pub. L. 96-36, July 20, 1979, 93 Stat. 94, provided: ''That the
Board of Regents of the Smithsonian Institution is authorized to plan
for the development of the area south of the original Smithsonian
Institution Building adjacent to Independence Avenue at Tenth Street,
Southwest, in the city of Washington.
''Sec. 2. Effective October 1, 1979, there is authorized to be
appropriated to the Board of Regents of the Smithsonian Institution
$500,000 to carry out the purposes of this Act.
''Sec. 3. Any portion of the sums appropriated to carry out the
purposes of this Act may be transferred to the General Services
Administration which, in consultation with the Smithsonian Institution,
is authorized to enter into contracts and take such other action, to the
extent of the sums so transferred to it, as may be necessary to carry
out such purposes.''
Specifications; Situs; Transfer of Land;
Appropriations; Contracts by General Services
Administration
Pub. L. 94-98, Sept. 19, 1975, 89 Stat. 480, as amended by Pub. L.
95-569, Nov. 2, 1978, 92 Stat. 2444, provided: ''The Regents of the
Smithsonian Institution are authorized to prepare plans for, and to
construct, museum support facilities to be used for (1) the care,
curation, conservation, deposit, preparation, and study of the national
collections of scientific, historic, and artistic objects, specimens,
and artifacts; (2) the related documentation of such collections of the
Smithsonian Institution; and (3) the training of museum conservators.
No appropriation shall be made to construct the facilities authorized by
this Act until the Committee on Public Works and Transportation of the
House of Representatives and the Committee on Rules and Administration
of the Senate, by resolution approve the final plans and specifications
of such facilities.
''Sec. 2. The museum support facilities referred to in section 1
shall be located on federally owned land within the metropolitan area of
Washington, District of Columbia. Any Federal agency is authorized to
transfer land under its jurisdiction to the Smithsonian Institution for
such purposes without reimbursement.
''Sec. 3. There is authorized to be appropriated to the Smithsonian
Institution $21,500,000 to carry out the purposes of this Act. Any
portion of the sums appropriated for such purposes may be transferred to
the General Services Administration which, in consultation with the
Smithsonian Institution, is authorized to enter into contracts and take
such other action, to the extent of the sums so transferred to it, as
may be necessary to carry out such purposes.''
(Amendment of section 3 of this Act effective Oct. 1, 1979.)
The National Museum was not created by any express statutory
provision for that purpose. It was first mentioned in an appropriation
for postage for ''the National Museum in the Smithsonian Institution,''
contained in act June 20, 1874, ch. 328, 1, 18 Stat. 103. An
appropriation for a building for the use of the National Museum was made
by act Mar. 3, 1879, ch. 182, 1, 20 Stat. 397, and annual
appropriations have continuously been made for expenses of heating,
etc., such building.
Res. Feb. 28, 1922, ch. 86, 42 Stat. 399, authorized Secretary of
State to transfer to custody of Secretary of Institution for safekeeping
and exhibition in National Museum the sword of George Washington and the
staff of Benjamin Franklin, presented by Samuel T. Washington, and the
sword of Andrew Jackson, presented by family of General Robert
Armstrong.
Quartermaster-General and his officers were required to receive and
transport property for National Museum by a provision of act July 5,
1884, ch. 217, 23 Stat. 107.
20 USC 50a. Gellatly art collection; estimates of sums needed for
preservation and maintenance
TITLE 20 -- EDUCATION
The Smithsonian Institution is authorized to include in its estimates
of appropriations such sums as may be needful for the preservation and
maintenance of the John Gellatly art collection.
(June 5, 1929, ch. 9, 46 Stat. 5.)
20 USC 51. Library
TITLE 20 -- EDUCATION
The Regents shall make, from the interest of the fund, an
appropriation, not exceeding an average of $25,000 annually, for the
gradual formation of a library composed of valuable works pertaining to
all departments of human knowledge.
(R.S. 5587.)
R.S. 5587 derived from act Aug. 10, 1846, ch. 178, 8, 9 Stat.
105.
Under provisions of R.S. 94 and act Mar. 3, 1875, ch. 179, 18
Stat. 512, the Joint Committee on the Library of Congress was
authorized to extend the use of the Library to the Regents of the
Smithsonian Institution. These provisions were not classified to the
Code, being rendered superfluous by a general declaration of public
policy by Congress, by a joint resolution adopted Apr. 12, 1892, 27
Stat. 395, to the effect that facilities for study and research in the
Library of Congress, the National Museum, and similar institutions shall
be afforded investigators, students, etc., in the several states and
territories as well as in the District of Columbia.
Appropriation of interest moneys, see section 54 of this title.
Regulations governing Smithsonian Institution; see sections 151 and
152 of Title 2, The Congress.
20 USC 52. Evidence of title to site and buildings
TITLE 20 -- EDUCATION
The site and lands selected for buildings for the Smithsonian
Institution shall be deemed appropriated to the institution, and the
record of the description of such site and lands, or a copy thereof,
certified by the chancellor and Secretary of the Board of Regents, shall
be received as evidence in all courts of the extent and boundaries of
the lands appropriated to the institution.
(R.S. 5588.)
R.S. 5588 derived from act Aug. 10, 1846, ch. 178, 4, 9 Stat.
104.
Effect of rule 44 on this section, see note of Advisory Committee set
out under rule 44, Title 28, Appendix, Judiciary and Judicial Procedure.
Proof of official record, see rule 44.
20 USC 53. Protection of property
TITLE 20 -- EDUCATION
All laws for the protection of public property in the city of
Washington shall apply to, and be in force for, the protection of the
lands, buildings, and other property of the Smithsonian Institution.
All moneys recovered by or accruing to, the institution shall be paid
into the Treasury of the United States, to the credit of the Smithsonian
bequest, and separately accounted for.
(R.S. 5589.)
R.S. 5589 derived from act Aug. 10, 1846, ch. 178, 5, 9 Stat.
104.
20 USC 53a. Authorization of appropriations
TITLE 20 -- EDUCATION
Appropriations are authorized for the maintenance of the
Astrophysical Observatory and the making of solar observations at high
altitudes; for repairs and alterations of buildings and grounds
occupied by the Smithsonian Institution in the District of Columbia and
elsewhere; and for preparation of manuscripts, drawings, and
illustrations for publications.
(Aug. 22, 1949, ch. 494, 2, 63 Stat. 623.)
20 USC 54. Appropriation of interest
TITLE 20 -- EDUCATION
So much of the property of James Smithson as has been received in
money, and paid into the Treasury of the United States, being the sum of
$541,379.63, shall be lent to the United States Treasury and invested in
public debt securities with maturities requested by the Smithsonian
Institution bearing interest at rates determined by the Secretary of the
Treasury, based upon current market yields on outstanding marketable
obligations of the United States of comparable maturities, and this
interest is hereby appropriated for the perpetual maintenance and
support of the Smithsonian Institution; and all expenditures and
appropriations to be made, from time to time, to the purposes of the
Institution shall be exclusively from the accruing interest, and not
from the principal of the fund. All the moneys and stocks which have
been, or may hereafter be, received into the Treasury of the United
States, on account of the fund bequeathed by James Smithson, are hereby
pledged to refund to the Treasury of the United States the sums hereby
appropriated.
(R.S. 5590; Pub. L. 97-199, 1, June 22, 1982, 96 Stat. 121.)
R.S. 5590 derived from acts Aug. 10, 1846, ch. 178, 2, 9 Stat.
102; Feb. 5, 1867, ch. 34, 2, 14 Stat. 391.
1982 -- Pub. L. 97-199 substituted ''and invested in public debt
securities with maturities requested by the Smithsonian Institution
bearing interest at rates determined by the Secretary of the Treasury,
based upon current market yields on outstanding marketable obligations
of the United States of comparable maturities, and this interest is
hereby'' for '', at 6 per centum per annum interest; and 6 per centum
interest on the trust-fund and residuary legacy received into the United
States Treasury, payable in half-yearly payments, on the first of
January and July in each year, is'', substituted ''purposes of the
Institution'' for ''purposes of the institution'', and substituted ''are
hereby pledged'' for ''are pledged''.
Section 2 of Pub. L. 97-199 provided that: ''The amendment made by
the first section (amending this section) shall apply with respect to
fiscal years beginning after September 30, 1982.''
Expenses of Smithsonian Institution Trust Fund, see section 1321 of
Title 31, Money and Finance.
Permanent indefinite appropriation for Smithsonian Institution, see
section 1305 of Title 31.
20 USC 55. Acceptance of other sums
TITLE 20 -- EDUCATION
The Secretary of the Treasury is authorized and directed to receive
into the Treasury, on the same terms as the original bequest of James
Smithson, such sums as the Regents may, from time to time, see fit to
deposit, not exceeding, with the original bequest, the sum of
$1,000,000. This shall not operate as a limitation on the power of the
Smithsonian Institution to receive money or other property by gift,
bequest, or devise, and to hold and dispose of the same in promotion of
the purposes thereof.
(R.S. 5591; Mar. 12, 1894, ch. 36, 28 Stat. 41.)
R.S. 5591 derived from act Feb. 5, 1867, ch. 34, 1, 14 Stat.
391.
1894 -- Act Mar. 12, 1894, made limitation on deposits into the
Treasury inapplicable to receipt of gifts, bequests and devises and
dispositions of money or other property.
20 USC 56. Disposal of unappropriated money
TITLE 20 -- EDUCATION
The Regents are authorized to make such disposal of any other moneys
which have accrued, or shall hereafter accrue, as interest upon the
Smithsonian fund, not herein appropriated, or not required for the
purposes herein provided, as they shall deem best suited for the
promotion of the purpose of the testator.
(R.S. 5592.)
R.S. 5592 derived from act Aug. 10, 1846, ch. 178, 9, 9 Stat.
105.
20 USC 57. Disbursements
TITLE 20 -- EDUCATION
Whenever money is required for the payment of the debts or
performance of the contracts of the institution, incurred or entered
into in conformity with the provisions of sections 41 to 46, 48, 50, 51
to 53, 54 to 57, and 67 of this title, or for making the purchases and
executing the objects authorized by said sections, the Board of Regents,
or the executive committee thereof, may certify to the chancellor and
secretary of the board that such sum of money is required, whereupon
they shall examine the same, and, if they shall approve thereof, shall
certify the same to the proper officer of the Treasury for payment. The
board shall submit to Congress, at each session thereof, a report of the
operations, expenditures, and condition of the institution.
(R.S. 5593.)
R.S. 5593 derived from act Aug. 10, 1846, ch. 178, 3, 9 Stat.
103.
20 USC 58. Annual report of salaries
TITLE 20 -- EDUCATION
A report in detail, for the preceding fiscal year, shall be made to
Congress annually of the salaries of all officers and employees paid
from appropriations under the Smithsonian Institution.
(Mar. 3, 1899, ch. 424, 1, 30 Stat. 1085.)
Secretary of the Smithsonian Institution, annual statement of
expenditures by, see section 49 of this title.
20 USC 59. Collections of National Ocean Survey, United States
Geological Survey, and others deposited in National Museum
TITLE 20 -- EDUCATION
All collections of rocks, minerals, soils, fossils, and objects of
natural history, archaeology, and ethnology, made by the National Ocean
Survey, the United States Geological Survey, or by any other parties for
the Government of the United States, when no longer needed for
investigations in progress shall be deposited in the National Museum.
(Mar. 3, 1879, ch. 182, 1, 20 Stat. 394; 1965 Reorg. Plan No. 2,
eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No.
4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Nov. 13, 1991, Pub.
L. 102-154, title I, 105 Stat. 1000.)
Words ''Coast and Interior Survey'' appearing in act Mar. 3, 1879,
were in prior editions of the Code changed to ''Coast and Geodetic
Survey.'' Congress never created a Coast and Interior Survey. In a
communication dated Nov. 6, 1940, the Director of the Geological Survey
explained that the words ''Coast and Interior Survey'' were
inadvertently incorporated upon authority of report contained in Senate
Misc. Doc. No. 9, 45th Congress, 3d Session, which recommended the
''Coast and Geodetic Survey'' be changed to ''United States Coast and
Interior Survey'' and an organization be created in the Interior
Department to be known as the ''United States Geological Survey.''
Congress adopted only the latter suggestion.
Coast and Geodetic Survey consolidated with National Weather Bureau
in 1965 to form Environmental Science Services Administration by Reorg.
Plan No. 2 of 1965, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318.
Environmental Science Services Administration abolished in 1970 and its
personnel, property, records, etc., transferred to National Oceanic and
Atmospheric Administration by Reorg. Plan No. 4 of 1970, eff. Oct. 3,
1970, 35 F.R. 15627, 84 Stat. 2090. By order of Acting Associate
Administrator of National Oceanic and Atmospheric Administration, 35
F.R. 19249, Dec. 19, 1970, Coast and Geodetic Survey redesignated
National Ocean Survey. See notes set out under section 311 of Title 15,
Commerce and Trade.
''United States Geological Survey'' substituted in text for
''Geological Survey'' pursuant to provision of title I of Pub. L.
102-154, set out as a note under section 31 of Title 43, Public Lands.
Establishment of the National Museum, see note set out under section
50 of this title.
Pub. L. 96-441, 2, Oct. 13, 1980, 94 Stat. 1884, provided that:
''The bureau of the Smithsonian Institution known as the Museum of
History and Technology and so referred to in the Act entitled 'An Act to
authorize the construction of a building for a Museum of History and
Technology for the Smithsonian Institution, including the preparation of
plans and specifications, and all other work incidental thereto',
approved June 28, 1955 (20 U.S.C. 59 note), shall be known as the
'National Museum of American History'.''
For provision deeming references to the Museum of History and
Technology in laws and regulations to be references to the National
Museum of American History, see section of 3 of Pub. L. 96-441, set out
as a note under section 71 of this title.
Act June 28, 1955, ch. 201, 69 Stat. 189, authorized construction
of a building for a Museum of History and Technology, which was
redesignated the National Museum of American History, for the use of the
Smithsonian Institution, at a cost not to exceed $36,000,000.
20 USC 60. Army articles furnished to National Museum
TITLE 20 -- EDUCATION
The Secretary of the Army is authorized to furnish to the National
Museum, for exhibition, upon request therefor by the administrative head
thereof, such articles of arms, materiel, equipment, or clothing as have
been issued from time to time to the United States Army, or which have
been or may hereafter be produced for the United States Army, and which
are objects of general interest or of foreign or curious research,
provided that such articles can be spared.
(Mar. 4, 1921, ch. 166, 1, 41 Stat. 1438; July 26, 1947, ch. 343,
title II, 205(a), 61 Stat. 501; Oct. 31, 1951, ch. 654, 3(4), 65
Stat. 708.)
1951 -- Act Oct. 31, 1951, struck out ''are surplus or'' after
''articles''.
Department of War designated Department of the Army and title of
Secretary of War changed to Secretary of the Army by section 205(a) of
act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of
act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch.
1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted ''Title
10, Armed Forces'' which in sections 3010 to 3013 continued Department
of the Army under administrative supervision of Secretary of the Army.
For transfer of certain personal property and personal property
functions, insofar as they pertain to the Air Force, from Secretary of
the Army to Secretary of the Air Force, see Secretary of Defense
Transfer Order No. 39 ( 2vv), eff. May 18, 1949.
20 USC 61 to 64. Repealed. Oct. 31, 1951, ch. 654, 1(37)-(40), 65
Stat. 702
TITLE 20 -- EDUCATION
Section 61, act Mar. 3, 1879, ch. 182, 1, 20 Stat. 397, required
archives, records and materials relating to Indians of North America to
be turned over from Geographical and Geological Survey to Smithsonian
Institution for purposes of completion of collection of information and
its publication.
Section 62, act Aug. 1, 1914, ch. 223, 1, 38 Stat. 661,
authorized Secretary of Commerce to transfer instruments of historical
value of the Coast and Geodetic Survey (the National Ocean Survey) to
Smithsonian Institution. See section 483 of Title 40, Public Buildings,
Property, and Works.
Section 63, act June 5, 1920, ch. 235, 1, 41 Stat. 930, related to
transfer, by Secretary of Commerce, of Coast and Geodetic Survey (the
National Ocean Survey) instruments of historical value, to educational
institutions and museums. See sections 483 and 484 of Title 40.
Section 64, act Mar. 3, 1883, ch. 143, 22 Stat. 629, related to
distribution of specimens of National Museum and Bureau of Fisheries to
schools and colleges. See sections 483 and 484 of Title 40.
20 USC 65. Repealed. Pub. L. 89-674, 3, Oct. 15, 1966, 80 Stat. 953
TITLE 20 -- EDUCATION
Section, act July 7, 1884, ch. 332, 23 Stat. 214, required Director
of National Museum to report annually to Congress on progress of the
Museum during the year and its present condition. See section 65a of
this title.
20 USC 65a. Director of the National Museum
TITLE 20 -- EDUCATION
(a) Duties; programs and studies; annual report to Congress
The Director of the National Museum under the direction of the
Secretary of the Smithsonian Institution shall --
(1) cooperate with museums and their professional organizations in a
continuing study of museum problems and opportunities, both in the
United States and abroad;
(2) prepare and carry out programs by grant, contract, or directly
for training career employees in museum practices in cooperation with
museums, their professional organizations, and institutions of higher
education either at the Smithsonian Institution or at the cooperating
museum, organization, or institutions;
(3) prepare and distribute significant museum publications;
(4) perform research on, and otherwise contribute to, the development
of museum techniques, with emphasis on museum conservation and the
development of a national institute for museum conservation;
(5) cooperate with departments and agencies of the Government of the
United States operating, assisting, or otherwise concerned with museums;
and
(6) report annually to the Congress on progress in these activities.
(b) Authorization of appropriations
There are hereby authorized to be appropriated to the Smithsonian
Institution for the fiscal year 1981, the sum of $803,000, and for the
fiscal year 1982, the sum of $1,000,000.
(Pub. L. 89-674, 2, Oct. 15, 1966, 80 Stat. 953; Pub. L. 91-629,
1, 2 Dec. 31, 1970, 84 Stat. 1875; Pub. L. 93-345, 1, 2, July 12,
1974, 88 Stat. 339; Pub. L. 94-336, July 1, 1976, 90 Stat. 795; Pub.
L. 96-268, June 13, 1980, 94 Stat. 485.)
1980 -- Subsec. (b). Pub. L. 96-268 substituted provisions
authorizing appropriations of $803,000 for fiscal year 1981 and
$1,000,000 for fiscal year 1982 for provisions which had authorized
appropriations of $1,000,000 each year for fiscal years 1978, 1979, and
1980.
1976 -- Subsec. (b). Pub. L. 94-336 substituted provisions
authorizing the appropriation of $1,000,000 each year for fiscal years
1978, 1979, and 1980, for provisions under which there had been
authorized to be appropriated whatever sums as might be necessary to
carry out the purposes of the section, with a proviso that no more than
$1,000,000 could be appropriated annually through fiscal year 1977, of
which no less than $200,000, was to be allocated and used to carry out
subsec. (a)(4) of this section.
1974 -- Subsec. (a)(4). Pub. L. 93-345, 1, inserted '', with
emphasis on museum conservation and the development of a national
institute for museum conservation'' after ''museum techniques''.
Subsec. (b). Pub. L. 93-345, 2, substituted provisions limiting to
$1,000,000 the amount which may be appropriated annually through fiscal
year 1977, with no less than $200,000 annually to be allocated and used
to carry out the purposes of subsection (a)(4) of this section for
provisions limiting to $1,000,000 the amount which could be appropriated
annually through fiscal year 1974, of which $300,000 annually had to be
allocated and used according to the formula of 33 1/3 per centum for
purposes of subsec. (a)(2), 33 1/3 per centum for assistance to museums
under section 954(c) of this title, and 33 1/3 per centum for assistance
to museums under section 956(c) of this title.
1970 -- Subsec. (a)(2). Pub. L. 91-629, 2, inserted provisions that
programs be prepared and carried out by grant, contract, or directly and
which authorized the training of career employees in museum practices in
cooperation with institutions of higher education, and substituted
provisions which authorized training programs to be conducted either at
the Smithsonian Institution, or at the cooperating museum, organization,
or institutions, for provisions which authorized such programs to be
conducted at the best locations.
Subsec. (b). Pub. L. 91-629, 1, substituted provisions which
authorized to be appropriated such sums as necessary to carry out the
purposes of this section, with no more than $1,000,000 to be
appropriated annually through fiscal year 1974, of which $300,000,
annually, to be allocated in the enumerated manner, for provisions which
authorized to be appropriated to carry out this section, not to exceed
$200,000 for the fiscal year ending June 30, 1968, $250,000 for the
fiscal years ending June 30, 1969, and June 30, 1970, and $300,000 for
the fiscal year ending June 30, 1971, and in each subsequent fiscal
year, only such sums as the Congress hereafter authorizes by law.
20 USC 66. Repealed. June 30, 1949, ch. 288, title VI, 602(a)(19),
63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849,
6(a), (b), 64 Stat. 583
TITLE 20 -- EDUCATION
Section, act Mar. 3, 1915, ch. 75, 1, 38 Stat. 839, related to
exchange of typewriters and adding machines. See section 481 of Title
40, Public Buildings, Property, and Works.
20 USC 67. Right of repeal
TITLE 20 -- EDUCATION
Congress may alter, amend, add to, or repeal any of the provisions of
sections 41 to 46, 48, 50, 51 to 53, and 54 to 57, of this title; but
no contract or individual right made or acquired under such provisions
shall be thereby divested or impaired.
(R.S. 5594.)
R.S. 5594 derived from act Aug. 10, 1846, ch. 178, 11, 9 Stat.
106.
20 USC 68. Repealed. Oct. 10, 1940, ch. 851, 4, 54 Stat. 1111
TITLE 20 -- EDUCATION
Section, act Feb. 11, 1927, ch. 104, 1, 44 Stat. 1081, related to
advertisements for proposals for purchases and services. See section 5
of Title 41, Public Contracts.
20 USC 69. Anthropological researches; cooperation of Institution
with States, educational institutions, or scientific organizations
TITLE 20 -- EDUCATION
The Secretary of the Smithsonian Institution is hereby authorized to
cooperate with any State, educational institution, or scientific
organization in the United States to continue independently or in
cooperation anthropological researches among the American Indians and
the natives of lands under the jurisdiction or protection of the United
States and the excavation and preservation of archaeological remains.
(Apr. 10, 1928, ch. 335, 1, 45 Stat. 413; Aug. 22, 1949, ch. 494,
1, 63 Stat. 623.)
1949 -- Act Aug. 22, 1949, substituted ''to continue independently
or in cooperation anthropological'' for ''for continuing ethnological''
and inserted ''and the natives of lands under the jurisdiction or
protection of the United States''.
20 USC 70. Authorization of appropriations; cooperative work
TITLE 20 -- EDUCATION
There is authorized to be appropriated, out of any money in the
Treasury not otherwise appropriated, the sum of $20,000, which shall be
available until expended for the purposes stated in section 69 of this
title: Provided, That at such time as the Smithsonian Institution is
satisfied that any State, educational institution, or scientific
organization in any of the United States is prepared to contribute to
such investigation and when, in its judgment such investigation shall
appear meritorious, the Secretary of the Smithsonian Institution may
direct that an amount from this sum equal to that contributed by such
State, educational institution, or scientific organization, not to
exceed $2,000, to be expended from such sum in any one State during any
calendar year, be made available for cooperative investigation:
Provided further, That all such cooperative work and division of the
result thereof shall be under the direction of the Secretary of the
Smithsonian Institution: Provided further, That where lands are
involved which are under the jurisdiction of the Bureau of Indian
Affairs or the National Park Service, cooperative work thereon shall be
under such regulations and conditions as the Secretary of the Interior
may provide.
(Apr. 10, 1928, ch. 335, 2, 45 Stat. 413.)
20 USC SUBCHAPTER II -- NATIONAL GALLERY OF ART
TITLE 20 -- EDUCATION
20 USC 71. Designation of site
TITLE 20 -- EDUCATION
The area bounded by Seventh Street, Constitution Avenue, Fourth
Street, and North Mall Drive, Northwest, in the District of Columbia, is
appropriated to the Smithsonian Institution as a site for a National
Gallery of Art. The Smithsonian Institution is authorized to permit the
A. W. Mellon Educational and Charitable Trust (hereinafter referred to
as the donor) to construct on said site for the Smithsonian Institution
a building to be designated the National Gallery of Art, and to remove
any existing structure and landscape the grounds within said area. The
adjoining area bounded by Fourth Street, Pennsylvania Avenue, Third
Street, and North Mall Drive, Northwest, in the District of Columbia, is
reserved as a site for future additions to the National Gallery of Art.
The project shall be in accordance with plans and specifications
approved by the Commission of Fine Arts.
(Mar. 24, 1937, ch. 50, 1, 50 Stat. 51.)
Institution for Use as Art Galleries; Relocation of
United States International Trade Commission
Pub. L. 98-523, Oct. 19, 1984, 98 Stat. 2433, provided: ''That at
such time as it is declared to be excess property pursuant to section
2(d) of this Act, the Administrator of General Services (hereinafter in
this Act referred to as the 'Administrator') is authorized to transfer
to the Smithsonian Institution, in accordance with section 202 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
483), without reimbursement, and for use by the Smithsonian Institution
for certain art galleries and related functions, the General Post Office
Building with any attached underground structures and the site of such
building, located between Seventh and Eighth Streets Northwest and E and
F Streets Northwest, in the District of Columbia.
''Sec. 2. (a) The Administrator, at the earliest practicable date,
shall relocate all operations of the United States International Trade
Commission (hereinafter in this Act referred to as the 'Commission') to
a building in downtown Washington, District of Columbia. The
Administrator's determination as to such relocation shall be based on
studies and investigations in which the Chairman of the Commission shall
have full opportunity to consult and cooperate with the Administrator.
Such consultation shall include opportunity for the Chairman to
participate jointly with the Administrator in surveys of available
buildings and to submit views and recommendations to the Administrator
with respect to space suitable for the Commission's operations. The
Administrator shall advise the Chairman in writing of the building to
which the operations of the Commission are to be relocated. The
Administrator's determination of such relocation shall not take effect
for a period of at least sixty days after the date such determination is
made and the Chairman is advised of the building to which the operations
of the Commission are to be relocated. In the event the Chairman
disagrees with the Administrator's determination of such relocation, the
Chairman, within thirty days after the Chairman is advised of the
building to which the operations of the Commission are to be relocated,
may make a written request for review of such determination to the
Administrator, and the Administrator shall conduct a formal review of
such determination.
''(b) The Administrator and the Chairman shall each report separately
in writing to the Committees on Environment and Public Works, Finance,
Rules and Administration, and Governmental Affairs of the Senate and to
the Committees on Public Works and Transportation, Ways and Means, House
Administration, and Government Operations of the House of
Representatives not later than sixty days after the date of enactment of
this Act (Oct. 19, 1984) and every thirty days thereafter on the status
of the relocation required by this section.
''(c) During the period in which the Commission and the United States
Postal Service continue to occupy the General Post Office Building
referred to in the first section of this Act, the Administrator shall
maintain such building in order to prevent its deterioration and to
assure that conditions therein are safe and the building is presentable
and suitable to the normal operations of the Commission and such
Service.
''(d) Upon accomplishment of the relocation required by subsection
(a) of this section, the Administrator shall declare the property
referred to in the first section of this Act to be excess property as
defined in section 3 of the Federal Property and Administrative Services
Act of 1949 (40 U.S.C. 472).
''Sec. 3. There is authorized to be appropriated to the Board of
Regents of the Smithsonian Institution $40,000,000 for fiscal years
beginning after September 30, 1984, for renovation and repair, after the
transfer made under the first section of this Act, of the General Post
Office Building referred to in such section. Any portion of the sums
appropriated under this section may be transferred to the General
Services Administration which, in consultation with the Smithsonian
Institution, is authorized to enter into contracts and take such other
action, to the extent of the sums so transferred to it, as may be
necessary to carry out such renovation and repair. No contract for such
renovation or repair shall be advertised or entered into before the end
of the period of thirty days of continuous session of Congress beginning
on the date the Smithsonian Institution submits to the Committees on
Public Works and Transportation and House Administration of the House of
Representatives and the Committees on Environment and Public Works and
Rules and Administration of the Senate the plans and advanced
engineering and design for such renovation and repair. For purposes of
this section, continuity of session is broken only by an adjournment of
Congress sine die, and the days on which either House is not in session
because of an adjournment of more than three days to a day certain are
excluded in the computation of any period of time in which Congress is
in continuous session.''
Pub. L. 96-441, 1, 3, 4, Oct. 13, 1980, 94 Stat. 1884, provided:
''That the bureau of the Smithsonian Institution designated as the
National Collection of Fine Arts by section 6(c) of the joint resolution
entitled 'Joint Resolution providing for the construction and
maintenance of a National Gallery of Art', approved March 24, 1937 (20
U.S.C. 71 note), shall be known as the 'National Museum of American
Art'.
''Sec. 3. Any reference in any law, regulation, document, or paper to
the National Collection of Fine Arts or the Museum of History and
Technology shall on and after the effective date of this Act (Oct. 13,
1980) be considered to be a reference to the National Museum of American
Art and the National Museum of American History, respectively.
''Sec. 4. This Act shall take effect on the day after the date of the
enactment of this Act (Oct. 13, 1980).''
Act Mar. 24, 1937, ch. 50, 50 Stat. 51, sections 1 to 5 of which
are incorporated as sections 71, 72 to 74, and 75 of this title,
provided in section 6(c) that: ''The existing bureau of the Smithsonian
Institution now designated as a national gallery of art shall hereafter
be known as the National Collection of Fine Arts.''
20 USC 71a. Additions; payment of construction costs from trust funds
TITLE 20 -- EDUCATION
The Trustees of the National Gallery of Art are authorized to
construct within the area reserved as a site for future additions by the
third sentence of section 71 of this title one or more buildings to
serve as additions to the National Gallery of Art. The cost of
constructing any such building shall be paid from trust funds
administered by such Trustees. The plans and specifications for any
such building shall be approved by the Commission of Fine Arts and the
National Capital Planning Commission.
(Pub. L. 90-376, 1, July 5, 1968, 82 Stat. 286.)
Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50
Stat. 51, which comprises this subchapter.
Section 4 of Pub. L. 90-376 provided that: ''The Commissioner
(Mayor) of the District of Columbia is authorized to transfer to the
United States such jurisdiction as the District of Columbia may have
over any of the property within the area referred to in the first
section of this Act (this section).''
Protection From Trust Funds
Section 5 of Pub. L. 90-376 provided that: ''If any public utility
(whether privately or publicly owned) located within the area referred
to in the first section of this Act (this section) is required to be
relocated or protected by reason of the construction within such area of
any addition to the National Gallery of Art, the cost of such relocation
or protection shall be paid from trust funds administered by the
Trustees of the National Gallery of Art.''
20 USC 71b. Status of completed addition
TITLE 20 -- EDUCATION
Any building constructed under authority of section 71a of this title
shall, upon completion, be a part of the National Gallery of Art.
(Pub. L. 90-376, 2, July 5, 1968, 82 Stat. 286.)
Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50
Stat. 51, which comprises this subchapter.
20 USC 72. Board of Trustees
TITLE 20 -- EDUCATION
(a) Establishment
There is established in the Smithsonian Institution a bureau, which
shall be directed by a board to be known as the Trustees of the National
Gallery of Art, whose duty it shall be to maintain and administer the
National Gallery of Art and site thereof and to execute such other
functions as are vested in the board by this subchapter. The board
shall be composed as follows: The Chief Justice of the United States,
the Secretary of State, the Secretary of the Treasury, and the Secretary
of the Smithsonian Institution, ex officio; and five general trustees
who shall be citizens of the United States, to be chosen as hereinafter
provided. No officer or employee of the Federal Government shall be
eligible to be chosen as a general trustee.
(b) Method of selection; term of office
The general trustees first taking office shall be chosen by the Board
of Regents of the Smithsonian Institution, subject to the approval of
the donor, and shall have terms expiring one each on July 1 of 1939,
1941, 1943, 1945, and 1947, as designated by the Board of Regents. A
successor shall be chosen by a majority vote of the general trustees and
shall have a term expiring ten years from the date of the expiration of
the term for which his predecessor was chosen, except that a successor
chosen to fill a vacancy occurring prior to the expiration of such term
shall be chosen only for the remainder of such term.
(Mar. 24, 1937, ch. 50, 2, 50 Stat. 52.)
Pub. L. 95-426, title II, 205, Oct. 7, 1978, 92 Stat. 975, as
amended by Pub. L. 97-241, title III, 303(b), Aug. 24, 1982, 96 Stat.
291, provided that: ''The Secretary of State may delegate to the
Director of the United States Information Agency, with the consent of
the Director, the functions vested in the Secretary by section 2(a) of
the joint resolution entitled 'Joint Resolution providing for the
construction and maintenance of a National Gallery of Art', approved
March 24, 1937 (20 U.S.C. 72(a)).''
20 USC 73. Acceptance of gift from A. W. Mellon
TITLE 20 -- EDUCATION
Upon completion of the National Gallery of Art, the board shall
accept for the Smithsonian Institution as a gift from the donor a
collection of works of art which shall be housed and exhibited in the
National Gallery of Art.
(Mar. 24, 1937, ch. 50, 3, 50 Stat. 52.)
20 USC 74. Maintenance
TITLE 20 -- EDUCATION
(a) Pledge of funds for upkeep; authorization of appropriations
The faith of the United States is pledged that, on completion of the
National Gallery of Art by the donor in accordance with the terms of
this subchapter and the acquisition from the donor of the collection of
works of art, the United States will provide such funds as may be
necessary for the upkeep of the National Gallery of Art and the
administrative expenses and costs of operation thereof, including the
protection and care of works of art acquired by the board, so that the
National Gallery of Art shall be at all times properly maintained and
the works of art contained therein shall be exhibited regularly to the
general public free of charge. For these purposes, and to provide,
prior to the completion of the National Gallery of Art, for the
protection and care of the works of art in said Gallery and for
administrative and operating expenses and equipment preparatory to the
opening of the Gallery to the public, there are authorized to be
appropriated such sums as may be necessary.
(b) Acceptance of gifts and other property; investment of funds
The board is authorized to accept for the Smithsonian Institution and
to hold and administer gifts, bequests, or devises of money, securities,
or other property of whatsoever character for the benefit of the
National Gallery of Art. Unless otherwise restricted by the terms of
the gift, bequest, or devise, the board is authorized to sell or
exchange and to invest or reinvest in such investments as it may
determine from time to time the moneys, securities, or other property
composing trust funds given, bequeathed, or devised to or for the
benefit of the National Gallery of Art. The income as and when
collected shall be placed in such depositaries as the board shall
determine and shall be subject to expenditure by the board.
(c) Appointment and compensation of officers and employees
The board shall appoint and fix the compensation and duties of a
director, an assistant director, a secretary, and a chief curator of the
National Gallery of Art, and of such other officers and employees of the
National Gallery of Art as may be necessary for the efficient
administration of the functions of the board. Such director, assistant
director, secretary, and chief curator shall be compensated from trust
funds available to the board for the purpose, and their appointment and
salaries shall not be subject to the civil-service laws or chapter 51
and subchapter III of chapter 53 of title 5. The director, assistant
director, secretary, and chief curator shall be well qualified by
experience and training to perform the duties of their office and the
original appointment to each such office shall be subject to the
approval of the donor.
(d) Review of actions of board
The actions of the board, including any payment made or directed to
be made by it from any trust funds, shall not be subject to review by
any officer or agency other than a court of law.
(Mar. 24, 1937, ch. 50, 4, 50 Stat. 52; Apr. 13, 1939, ch. 61, 53
Stat. 577; Oct. 28, 1949, ch. 782, title XI, 1106(a), 63 Stat. 972.)
The civil-service laws, referred to in subsec. (c), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
In subsec. (c), ''chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ''the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b), Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
1949 -- Act Oct. 28, 1949, substituted ''Classification Act of
1949'' for ''Classification Act of 1923''.
1939 -- Subsec. (a). Act Apr. 13, 1939, inserted in last sentence
''and to provide, prior to the completion of the National Gallery of
Art, for the protection and care of the works of art in said Gallery and
for administrative and operating expenses and equipment preparatory to
the opening of the Gallery to the public''.
Act Oct. 28, 1949, ch. 782, cited as a credit to this section, was
repealed (subject to a savings clause) by Pub. L. 89-554, Sept. 6,
1966, 8, 80 Stat. 632, 655.
20 USC 74a. Permanent loan of funds by Board of Trustees to Treasury;
semiannual interest payments to Board
TITLE 20 -- EDUCATION
The Secretary of the Treasury is authorized and directed to receive
into the Treasury from time to time as a permanent loan by the Board of
Trustees of the National Gallery of Art to the United States sums in
cash of not to exceed $5,000,000 in the aggregate, and to pay interest
on the principal amount of such loan at a rate which is the higher of
the rate of 4 per centum per annum or a rate which is .25 percentage
points less than a rate determined by the Secretary of the Treasury,
taking into consideration the current average market yield on
outstanding long-term marketable obligations of the United States,
adjusted to the nearest one-eighth of 1 per centum, payable
semiannually. Such interest is permanently appropriated for payment to
the Board of Trustees of the National Gallery of Art.
(Apr. 10, 1943, ch. 46, 57 Stat. 62; Sept. 21, 1976, Pub. L.
94-418, 90 Stat. 1278.)
Section was not enacted as part of act Mar. 24, 1937, ch. 50, 50
Stat. 51, which comprises this subchapter.
1976 -- Pub. L. 94-418 inserted provision authorizing alternate
interest rate to existing interest rate of 4 per centum per annum.
20 USC 75. Authority and functions of the board
TITLE 20 -- EDUCATION
(a) Official seal; bylaws, rules, and regulations; quorum
The board is authorized to adopt an official seal which shall be
judicially noticed and to make such bylaws, rules, and regulations, as
it deems necessary for the administration of its functions under this
subchapter, including, among other matters, bylaws, rules, and
regulations relating to the acquisition, exhibition, and loan of works
of art, the administration of its trust funds, and the organization and
procedure of the board. The board may function notwithstanding
vacancies, and three members of the board shall constitute a quorum for
the transaction of business.
(b) Quality of works of art
In order that the collection of the National Gallery of Art shall
always be maintained at a high standard and in order to prevent the
introduction therein of inferior works of art, no work of art shall be
included in the permanent collection of the National Gallery of Art
unless it be of similar high standard of quality to those in the
collection acquired from the donor.
(c) Powers and obligations
The board shall have all the usual powers and obligations of a
trustee in respect of all trust funds administered by it and all works
of art acquired by it.
(d) Annual reports
The board shall submit to the Smithsonian Institution an annual
report of its operations under this subchapter, including a detailed
statement of all acquisitions and loans of works of art and of all
public and private moneys received and disbursed.
(Mar. 24, 1937, ch. 50, 5, 50 Stat. 53.)
20 USC SUBCHAPTER III -- NATIONAL PORTRAIT GALLERY
TITLE 20 -- EDUCATION
20 USC 75a. Definitions
TITLE 20 -- EDUCATION
For the purposes of this subchapter --
(a) The term ''Board'' means the Board of Regents of the Smithsonian
Institution.
(b) The term ''Commission'' means the National Portrait Gallery
Commission as provided for in this subchapter.
(c) The term ''Gallery'' means the National Portrait Gallery
established by this subchapter.
(d) The term ''gift'' includes a gift, bequest, or devise, whether
outright or in trust, and any legal instrument by which the gift is
effected.
(e) The term ''portraiture'' includes portraits and reproductions
thereof made by any means or process, whether invented or developed
heretofore or hereafter.
(Pub. L. 87-443, 2, Apr. 27, 1962, 76 Stat. 62; Pub. L. 94-209,
Feb. 5, 1976, 90 Stat. 30.)
1976 -- Subsec. (e). Pub. L. 94-209 substituted ''includes portraits
and reproductions thereof made by any means or process, whether invented
or developed heretofore or hereafter'' for ''for purposes of this
subchapter shall mean painted or sculptured likenesses''.
Pub. L. 87-443, 1, provided: ''That this Act (enacting this
subchapter) may be cited as the 'National Portrait Gallery Act'.''
20 USC 75b. Establishment of National Portrait Gallery; functions
TITLE 20 -- EDUCATION
(a) There is established in the Smithsonian Institution a bureau
which shall be known as the National Portrait Gallery. The functions of
such bureau shall be those authorized by this subchapter. The use for
the purposes of the Gallery of any part of the building transferred to
the Smithsonian Institution pursuant to the Act of March 28, 1958 (72
Stat. 68), is authorized.
(b) The Gallery shall function as a free public museum for the
exhibition and study of portraiture and statuary depicting men and women
who have made significant contributions to the history, development, and
culture of the people of the United States and of the artists who
created such portraiture and statuary.
(Pub. L. 87-443, 3, Apr. 27, 1962, 76 Stat. 62.)
Act of March 28, 1958, referred to in subsec. (a), is act Mar. 28,
1958, Pub. L. 85-357, 72 Stat. 68, which was not classified to the
Code.
20 USC 75c. Creation of National Portrait Gallery Commission;
members; functions; powers
TITLE 20 -- EDUCATION
There is created the National Portrait Gallery Commission. The
number, manner of appointment and tenure of the members of the
Commission shall be such as the Board may from time to time prescribe.
The Board may delegate to the Commission any function of the Gallery or
any function of the Board with respect to the Gallery. The Board may
make rules and regulations for the conduct of the affairs of the
Commission and the operation of the Gallery, and to the extent and under
such limitations as the Board deems advisable, the Board may delegate to
the Commission the power to make such rules and regulations.
(Pub. L. 87-443, 4, Apr. 27, 1962, 76 Stat. 62.)
20 USC 75d. Acceptance of gifts; title to property
TITLE 20 -- EDUCATION
(a) The Board is authorized to accept for the Smithsonian Institution
gifts of any property for the benefit of the Gallery.
(b) Legal title to all property (except property of the United
States) held for the use or benefit of the Gallery shall be vested in
the Smithsonian Institution. Subject to any limitations otherwise
expressly provided by law, and, in the case of any gift, subject to any
applicable restrictions under the terms of such gift, the Board is
authorized to sell, exchange, or otherwise dispose of any property of
whatsoever nature held by it, and to invest in, reinvest in, or purchase
any property of whatsoever nature for the benefit of the National
Portrait Gallery.
(Pub. L. 87-443, 5, Apr. 27, 1962, 76 Stat. 62.)
20 USC 75e. Powers of Board
TITLE 20 -- EDUCATION
For the purpose of carrying out any function authorized by section
75b of this title, the Board may --
(1) purchase, accept, borrow, or otherwise acquire portraiture,
statuary, and other items for preservation, exhibition, or study. The
Board may acquire any such item on the basis of its general historical
interest, its artistic merit, or the historical significance of the
individual to which it relates, or any combination of any such factors.
The Board may acquire period furniture and other items to enhance its
displays of portraiture and statuary.
(2) preserve or restore any item acquired pursuant to paragraph (1).
(3) display, loan, store, or otherwise hold any such item.
(4) sell, exchange, donate, return, or otherwise dispose of any such
item.
(Pub. L. 87-443, 6, Apr. 27, 1962, 76 Stat. 63.)
20 USC 75f. Director; appointment and compensation; officers and
employees
TITLE 20 -- EDUCATION
(a) The Board may appoint and fix the compensation and duties of a
director of the Gallery, and his appointment and salary shall not be
subject to the civil-service laws or chapter 51 and subchapter III of
chapter 53 of title 5. The Board may employ such other officers and
employees as may be necessary for the efficient administration,
operation, and maintenance of the Gallery.
(b) The Board may delegate to the Secretary of the Smithsonian
Institution, as well as to the Commission, any of its functions pursuant
to subsection (a) of this section.
(Pub. L. 87-443, 7, Apr. 27, 1962, 76 Stat. 63.)
The civil-service laws, referred to in subsec. (a), are set forth in
Title 5, Government Organization and Employees. See, particularly,
section 3301 et seq. of Title 5.
In subsec. (a), ''chapter 51 and subchapter III of chapter 53 of
title 5'' substituted for ''the Classification Act of 1949, as amended''
on authority of Pub. L. 89-554, 7(b) Sept. 6, 1966, 80 Stat. 631,
the first section of which enacted Title 5, Government Organization and
Employees.
20 USC 75g. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated such sums as may be necessary
to carry out the purposes of this subchapter.
(Pub. L. 87-443, 8, Apr. 27, 1962, 76 Stat. 63.)
20 USC SUBCHAPTER IV -- SMITHSONIAN GALLERY OF ART
TITLE 20 -- EDUCATION
20 USC 76, 76a. Omitted
TITLE 20 -- EDUCATION
Section 76, act May 17, 1938, ch. 238, 1, 52 Stat. 399, directed
National Capital Park and Planning Commission to designate and President
to assign a site for a building to house and display national
collections of fine arts, portraits of eminent Americans, and works of
artists deserving of recognition.
Section 76a, act May 17, 1938, ch. 238, 2, 52 Stat. 399, created
Smithsonian Gallery of Art Commission which terminated upon approval by
Regents of Smithsonian Institution of design for buildings and grounds.
20 USC 76b. Functions of Regents
TITLE 20 -- EDUCATION
(a) Solicitation of construction funds
The Regents are authorized to solicit and receive subscriptions of
funds from private sources for the purposes specified in this
subsection. Funds so received shall be placed in a special deposit
account with the Treasurer of the United States, and may be expended by
the Regents to meet the cost of the construction of the building,
including furnishings and equipment thereof, to obtain necessary
drawings and specifications, make necessary surveys and estimates of
cost, defray necessary administrative expenses, and secure other needful
services.
(b) Construction of building
The Regents may, subject to the approval of the President, authorize
the preparation of the site and the construction of the building,
including approaches and landscaping of the grounds: Provided, That the
Administrator of General Services shall supervise the preparation of the
plans and specifications, make all necessary contracts, and supervise
construction.
(c) Name of building; supervision and control
The name of the building shall be the Smithsonian Gallery of Art
(hereinafter referred to as the ''Gallery''), and it shall be under the
supervision and control of the Regents and the Secretary of the
Smithsonian Institution.
(May 17, 1938, ch. 238, 3, 52 Stat. 400; 1939 Reorg. Plan No. I,
301, 303, eff. July 1, 1939, 4 F.R. 2729, 53 Stat. 1426, 1427; June 30,
1949, ch. 288, title I, 103, 63 Stat. 380.)
Functions of Federal Works Agency and of all agencies thereof,
together with functions of Federal Works Administrator, transferred to
Administrator of General Services, and Federal Works Agency and office
of Federal Works Administrator abolished by section 103 of act June 30,
1949, which is classified to section 753 of Title 40, Public Buildings,
Property, and Works.
Functions of Director of Procurement relating to selection of
location and sites of public buildings transferred to Federal Works
Administrator by Reorg. Plan No. I of 1939, set out in the Appendix to
Title 5, Government Organization and Employees.
20 USC 76c. Policy to foster appreciation of past and contemporary art
TITLE 20 -- EDUCATION
(a) Solicitations of private donations
It shall be the policy of the Regents to maintain a worthy standard
for the acceptance of art objects for exhibition in the Gallery, and to
foster by public exhibitions from time to time in Washington, and other
parts of the United States a growing appreciation of art, both of past
and contemporary time; and the Regents are authorized to solicit and
receive private donations of works of art and contributions of funds
from private sources for the purchase of works of art. Funds so
received shall be placed in a special deposit account with the Treasurer
of the United States and may be expended by the Regents for the purchase
of works of art.
(b) Solicitation of funds to acquire and sell works of art, employ
artists, award scholarships, etc.
In order to encourage the development of contemporary art and to
effect the widest distribution and cultivation in matters of such art,
the Regents are authorized to solicit and receive funds from private
sources, to acquire (by purchase or otherwise) and sell contemporary
works of art or copies thereof, to employ artists and other personnel,
award scholarships, conduct exhibitions, and generally to do such things
and have such other powers as will effectuate the purposes of this
subsection. Funds received by the Regents under this subsection shall
be placed in a special deposit account with the Treasurer of the United
States and may be expended by the Regents for the purposes enumerated in
this subsection and for no other purposes: Provided, That the Regents
shall not incur any obligations under this subsection in excess of the
funds available therefor.
(May 17, 1938, ch. 238, 4, 52 Stat. 400.)
20 USC 76d. Donations of works of art from Government agencies
TITLE 20 -- EDUCATION
The Administrator of General Services and other agencies of the
Government are authorized to donate to the Gallery any works of art now
or hereafter under their control.
(May 17, 1938, ch. 238, 5, 52 Stat. 401; 1939 Reorg. Plan No. I,
301, 303, eff. July 1, 1939, 4 FR 2729, 53 Stat. 1426, 1427; June 30,
1949, ch. 288, title I, 103, 63 Stat. 380.)
Functions of Federal Works Agency and of all agencies thereof,
together with functions of Federal Works Administrator, transferred to
Administrator of General Services, and Federal Works Agency and office
of Federal Works Administrator abolished by section 103 of act June 30,
1949, which is classified to section 753 of Title 40, Public Buildings,
Property, and Works.
Public Buildings Branch of Procurement Division in Treasury
Department and Public Works Administration and other agencies were
consolidated into Federal Works Agency, and functions transferred to
Federal Works Administrator, by Reorg. Plan No. I of 1939, set out in
the Appendix to Title 5, Government Organization and Employees.
20 USC 76e. Housing or exhibiting objects of art possessed by
Smithsonian Institution
TITLE 20 -- EDUCATION
Such objects of art as the Government or the Smithsonian Institution
now possess, or such as may hereafter be acquired, may be housed or
exhibited in the Gallery, with the approval of and under such
regulations as the Regents and Secretary of the Smithsonian Institution
may prescribe.
(May 17, 1938, ch. 238, 6, 52 Stat. 401.)
20 USC 76f. Appointment, compensation, and duties of Director of
Gallery; personnel
TITLE 20 -- EDUCATION
The Regents may appoint and fix the compensation and duties of a
Director of the Gallery and may employ such other officers and employees
as may be necessary for the efficient operation and administration of
the Gallery.
(May 17, 1938, ch. 238, 7, 52 Stat. 401.)
20 USC 76g. Authorization of appropriations
TITLE 20 -- EDUCATION
There are authorized to be appropriated annually such sums as may be
necessary to maintain and administer the Gallery, including the salaries
of the Director and of other necessary officers and employees, and for
special public exhibitions at Washington and elsewhere.
(May 17, 1938, ch. 238, 8, 52 Stat. 401.)
20 USC SUBCHAPTER V -- JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS
TITLE 20 -- EDUCATION
20 USC 76h. Bureau, board of trustees, and advisory committee
TITLE 20 -- EDUCATION
(a) Establishment of bureau; direction by board of trustees;
composition of board
There is established in the Smithsonian Institution a bureau, which
shall be directed by a board to be known as the Trustees of the John F.
Kennedy Center for the Performing Arts (hereafter in this subchapter,
referred to as the ''Board''), whose duty it shall be to maintain and
administer the John F. Kennedy Center for the Performing Arts and site
thereof and to execute such other functions as are vested in the Board
by this subchapter. The Board shall be composed as follows: The
Secretary of Health and Human Services, the Librarian of Congress, the
Director of the United States Information Agency, the Chairman of the
Commission of Fine Arts, the Mayor of the District of Columbia, the
Chairman of the District of Columbia Recreation Board, the Director of
the National Park Service, the Secretary of Education, the Secretary of
the Smithsonian Institution, three Members of the Senate appointed by
the President of the Senate, and three Members of the House of
Representatives appointed by the Speaker of the House of Representatives
ex officio; and thirty general trustees who shall be citizens of the
United States, to be chosen as hereinafter provided.
(b) Appointment of general trustees; terms of office
The general trustees shall be appointed by the President of the
United States and each such trustee shall hold office as a member of the
Board for a term of ten years, except that (1) any member appointed to
fill a vacancy occurring prior to the expiration of the term for which
his predecessor was appointed shall be appointed for the remainder of
such term, (2) the terms of any members appointed prior to August 19,
1963, shall expire as designated by the President at the time of
appointment, and (3) the terms of the first fifteen members appointed to
the Board pursuant to the amendments made by the National Cultural
Center Amendments Act of 1963 shall expire, as designated by the
President at the time of appointment, three on September 1, 1964, three
on September 1, 1966, three on September 1, 1968, three on September 1,
1970, and three on September 1, 1972.
(c) Advisory Committee on the Arts; designation of members and
chairman; functions; service without compensation; travel,
subsistence, and other expenses
There shall be an Advisory Committee on the Arts composed of such
members as the President may designate, to serve at the pleasure of the
President. Persons appointed to the Advisory Committee on the Arts,
including officers or employees of the United States, shall be persons
who are recognized for their knowledge of, or experience or interest in,
one or more of the arts in the fields covered by the John F. Kennedy
Center for the Performing Arts. The President shall designate the
Chairman of the Advisory Committee on the Arts. In making such
appointments the President shall give consideration to such
recommendations as may from time to time be submitted to him by leading
national organizations in the appropriate art fields. The Advisory
Committee on the Arts shall advise and consult with the Board and make
recommendations to the Board regarding existing and prospective cultural
activities to be carried on in the John F. Kennedy Center for the
Performing Arts. The Advisory Committee on the Arts shall assist the
Board in carrying out section 76k(a) of this title. Members of the
Advisory Committee on the Arts shall serve without compensation, but
each member of such Committee shall be reimbursed for travel,
subsistence, and other necessary expenses incurred by him in connection
with the work of such Committee.
(Pub. L. 85-874, 2, Sept. 2, 1958, 72 Stat. 1698; Pub. L. 88-100,
1, 2, Aug. 19, 1963, 77 Stat. 128; Pub. L. 88-260, 1(2), Jan. 23,
1964, 78 Stat. 4; 1967 Reorg. Plan No. 3, 401, eff. Aug. 11, 1967, 81
Stat. 951; Pub. L. 93-198, title IV, 421, Dec. 24, 1973, 87 Stat. 789;
1977 Reorg. Plan No. 2, 7(b), 42 F.R. 62461, 91 Stat. 1637; Pub. L.
96-88, title III, 301(a)(1), title V, 507, 509(b), Oct. 17, 1979, 93
Stat. 677, 692, 695; Pub. L. 97-241, title III, 303(b), Aug. 24, 1982,
96 Stat. 291.)
The National Cultural Center Amendments Act of 1963, referred to in
subsec. (b), is Pub. L. 88-100, Aug. 19, 1963, 77 Stat. 128. For
complete classification of this Act to the Code, see Short Title of 1963
Amendment note set out below and Tables.
1964 -- Subsecs. (a), (c). Pub. L. 88-260 substituted ''John F.
Kennedy Center for the Performing Arts'' for ''National Cultural
Center'' wherever appearing.
1963 -- Subsec. (a). Pub. L. 88-100, 1, substituted ''thirty'' for
''fifteen'' after ''ex officio; and''.
Subsec. (b). Pub. L. 88-100, 2, inserted provisions governing the
terms of the additional fifteen general trustees added to the Board by
section 1 of Pub. L. 88-100.
''Secretary of Health and Human Services'' substituted for
''Secretary of Health, Education, and Welfare'' in subsec. (a) pursuant
to section 509(b) of Pub. L. 96-88, which is classified to section
3508(b) of this title.
Pub. L. 98-473, title I, 101(c), Oct. 12, 1984, 98 Stat. 1837,
1876, provided that: ''The following (amending section 76o of this
title) may be cited as 'The John F. Kennedy Center Act Amendments of
1984'.''
Section 5 of Pub. L. 88-100 provided that: ''This Act (amending
this section and sections 76l and 76m of this title) may be cited as the
'National Cultural Center Amendments Act of 1963'.''
Section 1 of Pub. L. 85-874, as amended by section 1(1) of Pub. L.
88-260, provided that: ''This Act (enacting this subchapter) may be
cited as the 'John F. Kennedy Center Act'.''
''Secretary of Education'' substituted for ''Commissioner of the
United States Office of Education'' in subsec. (a) pursuant to sections
301(a)(1) and 507 of Pub. L. 96-88, which are classified to sections
3441(a)(1) and 3507 of this title and which transferred all functions of
Commissioner of Education to Secretary of Education.
''Director of the United States Information Agency'' substituted for
''Director of the International Communication Agency'' in subsec. (a)
pursuant to section 303(b) of Pub. L. 97-241, set out as a note under
section 1461 of Title 22, Foreign Relations and Intercourse.
Previously, ''Director of the International Communication Agency'' had
been substituted for ''Assistant Secretary of State for Public Affairs''
in subsec. (a) pursuant to Reorg. Plan No. 2 of 1977, 7(b), 42 F.R.
62461, 91 Stat. 1637, set out in the Appendix to Title 5, Government
Organization and Employees, effective on or before July 1, 1978, at such
time as specified by the President, which transferred all functions
vested in Assistant Secretary of State for Public Affairs under subsec.
(a) of this section to Director of International Communication Agency.
Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff.
Aug. 11, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, all functions of
Board of Commissioners of District of Columbia transferred to
Commissioner of District of Columbia by section 401 of Reorg. Plan No.
3 of 1967. Office of Commissioner of District of Columbia, as
established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan.
2, 1975, by Pub. L. 93-198, title VII, 711, Dec. 24, 1973, 87 Stat.
818, and replaced by office of Mayor of District of Columbia by section
421 of Pub. L. 93-198, classified to section 1-241 of the District of
Columbia Code. Accordingly, ''Mayor'' substituted in subsec. (a) for
''President of the Board of Commissioners''.
Section 2 of Pub. L. 88-260 provided that: ''In addition to the
amendments made by the first section of this Act (enacting sections 76n
to 76q, and amending sections 76h to 76q of this title), any designation
or reference to the National Cultural Center in any other law, map,
regulation, document, record, or other paper of the United States shall
be held to designate or refer to such Center as the John F. Kennedy
Center for the Performing Arts.''
20 USC 76i. Construction of building; fund raising; designation as
John F. Kennedy Center for the Performing Arts; location and selection
of site; acquisition of lands; plans and specifications
TITLE 20 -- EDUCATION
The Board shall construct for the Smithsonian Institution, with funds
raised by voluntary contributions, a building to be designated as the
John F. Kennedy Center for the Performing Arts on a site in the
District of Columbia bounded by the Inner Loop Freeway on the east, the
Theodore Roosevelt Bridge approaches on the south, Rock Creek Parkway on
the west, New Hampshire Avenue and F Street on the north, which shall be
selected for such purpose by the National Capital Planning Commission.
The National Capital Planning Commission shall acquire by purchase,
condemnation, or otherwise, lands necessary to provide for the John F.
Kennedy Center for the Performing Arts and related facilities. Such
building shall be in accordance with plans and specifications approved
by the Commission of Fine Arts.
(Pub. L. 85-874, 3, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-260,
1(2), Jan. 23, 1964, 78 Stat. 4.)
1964 -- Pub. L. 88-260 substituted ''John F. Kennedy Center for the
Performing Arts'' for ''National Cultural Center'' wherever appearing.
20 USC 76j. Presentations, programs, facilities for activities, and
memorial in honor of the late President; restriction on additional
memorials
TITLE 20 -- EDUCATION
(a) The Board shall --
(1) present classical and contemporary music, opera, drama, dance,
and poetry from this and other countries,
(2) present lectures and other programs,
(3) develop programs for children and youth and the elderly (and for
other age groups as well) in such arts designed specifically for their
participation, education, and recreation,
(4) provide facilities for other civic activities at the John F.
Kennedy Center for the Performing Arts,
(5) provide within the John F. Kennedy Center for the Performing
Arts a suitable memorial in honor of the late President.
(b)(1) Except as provided in paragraph (2) of this subsection, the
Board shall assure that after December 2, 1983, no additional memorials
or plaques in the nature of memorials shall be designated or installed
in the public areas of the John F. Kennedy Center for the Performing
Arts.
(2) Paragraph (1) of this subsection shall not apply to --
(A) any plaque acknowledging a gift from a foreign country;
(B) any plaque on a theater chair or a theater box acknowledging the
gift of such chair or box; and
(C) any inscription on the marble walls in the north or south
galleries, the Hall of States, or the Hall of Nations acknowledging a
major contribution;
which plaque or inscription is permitted under policies of the Board
in effect on December 2, 1983.
(3) For purposes of this subsection, testimonials and benefit
performances shall not be construed to be memorials.
(Pub. L. 85-874, 4, Sept. 2, 1958, 72 Stat. 1699; Pub. L. 88-260,
1(3), Jan. 23, 1964, 78 Stat. 4; Pub. L. 98-205, 4, Dec. 2, 1983, 97
Stat. 1388.)
1983 -- Pub. L. 98-205 designated existing provisions as subsec.
(a) and added subsec. (b).
1964 -- Pub. L. 88-260 struck out ''and'' at end of par. (3),
substituted ''John F. Kennedy Center for the Performing Arts'' for
''Cultural Center'' in par. (4), and added par. (5).