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19 USC CHAPTER 7 - TRADE EXPANSION PROGRAM 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

.

-HEAD-

CHAPTER 7 - TRADE EXPANSION PROGRAM

-MISC1-

SUBCHAPTER I - GENERAL PROVISIONS

Sec.

1801. Statement of purposes.

1802 to 1805. Repealed.

1806. Definitions.

SUBCHAPTER II - TRADE AGREEMENTS

PART I - GENERAL AUTHORITY

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 Repealed.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.

PART II - EUROPEAN ECONOMIC COMMUNITY

1831 to 1833. Repealed.

PART III - REQUIREMENTS CONCERNING NEGOTIATIONS

1841 to 1846. Repealed.

PART IV - NATIONAL SECURITY

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 Repealed.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) Report by Secretary of Commerce.

(f) Congressional disapproval of Presidential

adjustment of imports of petroleum or petroleum

products; disapproval resolution.

1863. Repealed.

1864. Import sanctions for export violations.

PART V - ADMINISTRATIVE PROVISIONS

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 Repealed.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 Repealed.

PART VI - GENERAL PROVISIONS

1881. Normal trade relations.

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 Repealed.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 Repealed.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.

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

PART I - ELIGIBILITY FOR ASSISTANCE

1901, 1902. Repealed.

PART II - ADJUSTMENT ASSISTANCE TO FIRMS

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.

PART III - ADJUSTMENT ASSISTANCE TO WORKERS

1931. Repealed.

SUBPART A - TRADE READJUSTMENT ALLOWANCES

1941 to 1944. Repealed.

SUBPART B - TRAINING

1951, 1952. Repealed.

SUBPART C - RELOCATION ALLOWANCES

1961 to 1963. Repealed.

SUBPART D - GENERAL PROVISIONS

1971 to 1978. Repealed.

PART IV - TARIFF ADJUSTMENT

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.

PART V - ADVISORY BOARD

1991. Repealed.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1351, 1352, 1823 of this

title; title 20 section 1262.

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19 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

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SUBCHAPTER I - GENERAL PROVISIONS

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19 USC Sec. 1801 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1801. Statement of purposes

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-794, title I, Sec. 102, Oct. 11, 1962, 76 Stat. 872.)

-REFTEXT-

REFERENCES IN TEXT

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.

-MISC2-

SHORT TITLE

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'.''

-TRANS-

ABOLITION OF OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE

NEGOTIATIONS

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.

-MISC5-

PRESIDENT'S EXPORT COUNCIL

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.

-EXEC-

EXECUTIVE ORDER NO. 11075

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 under section 2111 of this

title.

-CITE-

19 USC Sec. 1802 to 1805 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1802 to 1805. Repealed. Pub. L. 93-618, title VI, Sec. 602(d),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1802, Pub. L. 87-794, title IV, Sec. 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, Sec. 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, Sec. 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, Sec. 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.

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19 USC Sec. 1806 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER I - GENERAL PROVISIONS

-HEAD-

Sec. 1806. Definitions

-STATUTE-

For purposes of this chapter -

(1) Repealed. Pub. L. 93-618, title VI, Sec. 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, Sec. 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.

-SOURCE-

(Pub. L. 87-794, title IV, Sec. 405, Oct. 11, 1962, 76 Stat. 902;

Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3, 1975, 88 Stat.

2072.)

-REFTEXT-

REFERENCES IN TEXT

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.

-MISC2-

AMENDMENTS

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.

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19 USC SUBCHAPTER II - TRADE AGREEMENTS 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

.

-HEAD-

SUBCHAPTER II - TRADE AGREEMENTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1351 of this title.

-CITE-

19 USC Part I - General Authority 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part I - General Authority

.

-HEAD-

Part I - General Authority

-CITE-

19 USC Sec. 1821 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part I - General Authority

-HEAD-

Sec. 1821. Basic authority for trade agreements

-STATUTE-

(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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 201, Oct. 11, 1962, 76 Stat. 872.)

-MISC1-

WOOD-WIND AND PARTS OF WOOD-WIND INSTRUMENTS

Pub. L. 90-234, Sec. 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).''

DICYANDIAMIDE AND LIMESTONE: DUTY-FREE ENTRY

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1823, 1862, 1981, 2135,

3105 of this title.

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19 USC Sec. 1822 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part I - General Authority

-HEAD-

Sec. 1822. Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title II, Sec. 202, Oct. 11, 1962, 76

Stat. 872, made special provision for low-rate articles.

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19 USC Sec. 1823 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part I - General Authority

-HEAD-

Sec. 1823. Waiver of limitation on decrease in duty and negotiation

and staging requirements for dicyandiamide and limestone

-STATUTE-

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.

-SOURCE-

(Pub. L. 90-14, May 5, 1967, 81 Stat. 14.)

-REFTEXT-

REFERENCES IN TEXT

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, Sec. 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.

-COD-

CODIFICATION

Section was not enacted as part of the Trade Expansion Act of

1962 which is classified principally to this chapter.

-CITE-

19 USC Part II - European Economic Community 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part II - European Economic Community

.

-HEAD-

Part II - European Economic Community

-CITE-

19 USC Sec. 1831 to 1833 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part II - European Economic Community

-HEAD-

Sec. 1831 to 1833. Repealed. Pub. L. 93-618, title VI, Sec. 602(d),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1831, Pub. L. 87-794, title II, Sec. 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, Sec. 212, Oct. 11, 1962,

76 Stat. 874, made special provision for trade agreements covering

agricultural commodities.

Section 1833, Pub. L. 87-794, title II, Sec. 213, Oct. 11, 1962,

76 Stat. 874, made special provision for trade agreements covering

tropical agricultural and forestry commodities.

-CITE-

19 USC Part III - Requirements Concerning Negotiations 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part III - Requirements Concerning Negotiations

.

-HEAD-

Part III - Requirements Concerning Negotiations

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19 USC Sec. 1841 to 1846 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part III - Requirements Concerning Negotiations

-HEAD-

Sec. 1841 to 1846. Repealed. Pub. L. 93-618, title VI, Sec. 602(d),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1841, Pub. L. 87-794, title II, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 226, Oct. 11, 1962,

76 Stat. 876, provided for the transmission of agreements to

Congress. See section 2212 of this title.

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19 USC Part IV - National Security 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part IV - National Security

.

-HEAD-

Part IV - National Security

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19 USC Sec. 1861 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part IV - National Security

-HEAD-

Sec. 1861. Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title II, Sec. 231, Oct. 11, 1962, 76

Stat. 876; Pub. L. 88-205, pt. IV, Sec. 402, Dec. 16, 1963, 77

Stat. 390, covered products of Communist countries or areas.

-CITE-

19 USC Sec. 1862 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part IV - National Security

-HEAD-

Sec. 1862. Safeguarding national security

-STATUTE-

(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) (FOOTNOTE 1) Domestic production for national defense; impact

of foreign competition on economic welfare of domestic

industries

(FOOTNOTE 1) So in original. There are two subsecs. designated

(d). Second subsec. (d) probably should be designated (e).

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) (FOOTNOTE 1) Report by Secretary of Commerce

(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) Omitted.

(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 _ _ _ _ _ _ dated _ _ _ _ _ _.'', 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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 232, Oct. 11, 1962, 76 Stat. 877;

Pub. L. 93-618, title I, Sec. 127(d), Jan. 3, 1975, 88 Stat. 1993;

Pub. L. 96-223, title IV, Sec. 402, Apr. 2, 1980, 94 Stat. 301;

Pub. L. 100-418, title I, Sec. 1501(a), (b)(1), Aug. 23, 1988, 102

Stat. 1257, 1259.)

-REFTEXT-

REFERENCES IN TEXT

Section 232 of the Trade Expansion Act of 1962, referred to in

subsec. (f)(2)(B), is classified to this section.

-COD-

CODIFICATION

Subsection (d)(2), which required the President to submit an

annual report to Congress on the operation of this section,

terminated, effective May 15, 2000, pursuant to section 3003 of

Pub. L. 104-66, as amended, set out as a note under section 1113 of

Title 31, Money and Finance. See, also, page 28 of House Document

No. 103-7.

-MISC3-

AMENDMENTS

1988 - Subsec. (b). Pub. L. 100-418, Sec. 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, Sec. 1501(a)(2), (3), added subsec.

(c) and redesignated former subsec. (c) as (d).

Subsec. (d). Pub. L. 100-418, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 127(d)(4), substituted

''Secretary'' for ''Director''.

EFFECTIVE DATE OF 1988 AMENDMENT

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.''

PETROLEUM IMPORT ADJUSTMENT PROGRAM; OIL IMPORT FEE OF APRIL 2,

1980; CESSATION OF FORCE AND EFFECT OF PRESIDENTIAL ACTION

Pub. L. 96-264, Sec. 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 below), shall cease to have force and effect upon the date

of the enactment of this Act (June 6, 1980).''

-EXEC-

PROCLAMATION NO. 3279

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.

PROCLAMATION NO. 4744

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.

PROCLAMATION NO. 4762

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. IMPORTS OF PETROLEUM AND PETROLEUM PRODUCTS

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. ASSIGNING POLICY DEVELOPMENT AND DIRECTING

FUNCTIONS RESPECTING OIL IMPORT CONTROL PROGRAM

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.

EXECUTIVE ORDER NO. 11743

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. IMPORTS OF REFINED PETROLEUM PRODUCTS FROM

LIBYA

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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1339, 2137, 2463, 2703,

3203 of this title; title 50 App. sections 2077, 2152.

-CITE-

19 USC Sec. 1863 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part IV - National Security

-HEAD-

Sec. 1863. Repealed. Pub. L. 100-418, title I, Sec. 1501(b)(2),

Aug. 23, 1988, 102 Stat. 1259

-MISC1-

Section, Pub. L. 93-618, title I, Sec. 127(c), Jan. 3, 1975, 88

Stat. 1993, directed that reports to Congress be submitted annually

and within 60 days after any action was taken under section 1862 of

this title.

EFFECTIVE DATE OF REPEAL

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.

-CITE-

19 USC Sec. 1864 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part IV - National Security

-HEAD-

Sec. 1864. Import sanctions for export violations

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 233, as added Pub. L. 99-64, title

I, Sec. 121, July 12, 1985, 99 Stat. 155; amended Pub. L. 100-418,

title II, Sec. 2447(a), Aug. 23, 1988, 102 Stat. 1370.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 struck out designation ''(a)'' and struck

out subsec. (b) which related to prerequisites to imposition of

sanctions.

-CITE-

19 USC Part V - Administrative Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part V - Administrative Provisions

.

-HEAD-

Part V - Administrative Provisions

-CITE-

19 USC Sec. 1871 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part V - Administrative Provisions

-HEAD-

Sec. 1871. Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title II, Sec. 241, Oct. 11, 1962, 76

Stat. 878, provided for appointment of Special Representative for

Trade Negotiations. See section 2171 of this title.

-CITE-

19 USC Sec. 1872 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part V - Administrative Provisions

-HEAD-

Sec. 1872. Interagency trade organization

-STATUTE-

(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)

(FOOTNOTE 1) of this title,

(FOOTNOTE 1) See References in Text note below.

(3) advise the President of the results of hearings held

pursuant to section 2412(b)(2) (FOOTNOTE 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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 242, Oct. 11, 1962, 76 Stat. 878;

Pub. L. 93-618, title I, Sec. 171(b), title VI, Sec. 602(b), Jan.

3, 1975, 88 Stat. 2009, 2072; Pub. L. 96-39, title IX, Sec. 902(c),

July 26, 1979, 93 Stat. 300; Pub. L. 100-418, title I, Sec.

1621(a), Aug. 23, 1988, 102 Stat. 1263.)

-REFTEXT-

REFERENCES IN TEXT

Section 2251 of this title, referred to in subsec. (b)(2), was

amended generally by Pub. L. 100-418, title I, Sec. 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, Sec. 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).

-MISC2-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 602(b)(5), substituted

''section 2411(c) and (d) of this title'' for ''section 1882(d) of

this title''.

Pub. L. 93-618, Sec. 171(b), substituted ''United States

International Trade Commission'' for ''United States Tariff

Commission''.

EFFECTIVE DATE OF 1979 AMENDMENT

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.

ESTABLISHMENT OF INTERAGENCY GROUP

For provisions establishing an interagency group within the

interagency organization established under this section, relating

to the implementation of chapter 19 of the North American Free

Trade Agreement as well as the oversight of the United States

Section established under section 3315 of this title, see section

3432(c)(2) 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.

SENSE OF CONGRESS RESPECTING ROLE OF INTERAGENCY ORGANIZATION

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.''

-TRANS-

TRANSFER OF FUNCTIONS FROM EAST-WEST FOREIGN TRADE BOARD

East-West Foreign Trade Board, which was established by Pub. L.

93-618, title IV, Sec. 411, Jan. 3, 1975, 88 Stat. 2065, and

classified to section 2441 of this title, abolished by Reorg. Plan

No. 3 of 1979, Sec. 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.

-MISC5-

TRADE POLICY COMMITTEE

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2114c, 2114d, 2171, 2241,

2253, 2512, 2553, 2554, 2804, 3108, 3432, 3437 of this title.

-CITE-

19 USC Sec. 1873 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part V - Administrative Provisions

-HEAD-

Sec. 1873. Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title II, Sec. 243, Oct. 11, 1962, 76

Stat. 878, made provision for Congressional delegates to trade

negotiations. See section 2211 of this title.

-CITE-

19 USC Part VI - General Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part VI - General Provisions

.

-HEAD-

Part VI - General Provisions

-CITE-

19 USC Sec. 1881 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part VI - General Provisions

-HEAD-

Sec. 1881. Normal trade relations

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 251, Oct. 11, 1962, 76 Stat. 879;

Pub. L. 105-206, title V, Sec. 5003(b)(1), July 22, 1998, 112 Stat.

789.)

-REFTEXT-

REFERENCES IN TEXT

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.

-MISC2-

AMENDMENTS

1998 - Pub. L. 105-206 substituted existing catchline for

''Most-favored-nation principle''.

TRANSACTIONS INVOLVING LIBYA

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3521 of this title.

-CITE-

19 USC Sec. 1882 to 1884 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part VI - General Provisions

-HEAD-

Sec. 1882 to 1884. Repealed. Pub. L. 93-618, title VI, Sec. 602(d),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1882, Pub. L. 87-794, title II, Sec. 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, Sec. 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, Sec. 254, Oct. 11, 1962,

76 Stat. 880, provided for rounding authority. See section 2119 of

this title.

-CITE-

19 USC Sec. 1885 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part VI - General Provisions

-HEAD-

Sec. 1885. Termination of proclamations

-STATUTE-

(a) Repealed. Pub. L. 93-618, title VI, Sec. 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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 255, Oct. 11, 1962, 76 Stat. 880;

Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3, 1975, 88 Stat.

2072.)

-MISC1-

AMENDMENTS

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.

-CITE-

19 USC Sec. 1886 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part VI - General Provisions

-HEAD-

Sec. 1886. Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title II, Sec. 256, Oct. 11, 1962, 76

Stat. 881, defined terms. See section 2481 of this title.

-CITE-

19 USC Sec. 1887 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part VI - General Provisions

-HEAD-

Sec. 1887. Limitation on imports under section 624 of title 7

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 257(h), Oct. 11, 1962, 76 Stat.

883.)

-CITE-

19 USC Sec. 1888 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER II - TRADE AGREEMENTS

Part VI - General Provisions

-HEAD-

Sec. 1888. References in other laws

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-794, title II, Sec. 258, Oct. 11, 1962, 76 Stat. 883.)

-REFTEXT-

REFERENCES IN TEXT

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.

-CITE-

19 USC SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER

ADJUSTMENT ASSISTANCE 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

.

-HEAD-

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2021 of this title.

-CITE-

19 USC Part I - Eligibility for Assistance 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part I - Eligibility for Assistance

.

-HEAD-

Part I - Eligibility for Assistance

-CITE-

19 USC Sec. 1901, 1902 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part I - Eligibility for Assistance

-HEAD-

Sec. 1901, 1902. Repealed. Pub. L. 93-618, title VI, Sec. 602(d),

(e), Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1901, Pub. L. 87-794, title III, Sec. 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, Sec. 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.

EFFECTIVE DATE OF REPEAL

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.

-CITE-

19 USC Part II - Adjustment Assistance to Firms 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part II - Adjustment Assistance to Firms

.

-HEAD-

Part II - Adjustment Assistance to Firms

-CITE-

19 USC Sec. 1911 to 1915 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part II - Adjustment Assistance to Firms

-HEAD-

Sec. 1911 to 1915. Repealed. Pub. L. 93-618, title VI, Sec. 602(e),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1911, Pub. L. 87-794, title III, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 315, Oct. 11, 1962,

76 Stat. 887, set out conditions for giving of financial

assistance. See section 2345 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on 90th day following Jan. 3, 1975, see note set

out under section 1901 of this title.

-CITE-

19 USC Sec. 1916 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part II - Adjustment Assistance to Firms

-HEAD-

Sec. 1916. Administration of financial assistance; recording of

mortgages

-STATUTE-

(a) Guarantees, agreements for deferred participation, and loans

In making and administering guarantees, agreements for deferred

participation, and loans under section 1914 (FOOTNOTE 1) of this

title, the Secretary of Commerce may -

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Pub. L. 87-794, title III, Sec. 316, Oct. 11, 1962, 76 Stat. 888.)

-REFTEXT-

REFERENCES IN TEXT

Section 1914 of this title, referred to in subsec. (a), was

repealed by Pub. L. 93-618, title VI, Sec. 602(e), Jan. 3, 1975, 88

Stat. 2072. See section 2344 of this title.

-CITE-

19 USC Sec. 1917 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part II - Adjustment Assistance to Firms

-HEAD-

Sec. 1917. Repealed. Pub. L. 93-618, title VI, Sec. 602(e), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title III, Sec. 317(a), Oct. 11, 1962,

76 Stat. 889, made provision for tax assistance to firms.

EFFECTIVE DATE OF REPEAL

Repeal effective on the 90th day following Jan. 3, 1975, see note

set out under section 1901 of this title.

-CITE-

19 USC Sec. 1918 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part II - Adjustment Assistance to Firms

-HEAD-

Sec. 1918. Protective provisions

-STATUTE-

(a) Maintenance of records by recipients of assistance

Each recipient of adjustment assistance under section 1913, 1914,

or 1917 (FOOTNOTE 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.

(FOOTNOTE 1) See References in Text note below.

(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 (FOOTNOTE 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 (FOOTNOTE 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 (FOOTNOTE 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.

-SOURCE-

(Pub. L. 87-794, title III, Sec. 318, Oct. 11, 1962, 76 Stat. 891.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1913, 1914, and 1917 of this title, referred to in text,

were repealed by Pub. L. 93-618, title VI, Sec. 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.

-CITE-

19 USC Sec. 1919 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part II - Adjustment Assistance to Firms

-HEAD-

Sec. 1919. Penalties

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-794, title III, Sec. 319, Oct. 11, 1962, 76 Stat. 892.)

-CITE-

19 USC Sec. 1920 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part II - Adjustment Assistance to Firms

-HEAD-

Sec. 1920. Suits by and against Secretary of Commerce

-STATUTE-

In providing technical and financial assistance under sections

1913 and 1914 (FOOTNOTE 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 (FOOTNOTE 1) of this title from

the application of sections 517, 519, and 2679 of title 28.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(Pub. L. 87-794, title III, Sec. 320, Oct. 11, 1962, 76 Stat. 892.)

-REFTEXT-

REFERENCES IN TEXT

Sections 1913 and 1914 of this title, referred to in text, were

repealed by Pub. L. 93-618, title VI, Sec. 602(e), Jan. 3, 1975, 88

Stat. 2072. See sections 2343 and 2344 of this title, respectively.

-COD-

CODIFICATION

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, Sec. 7(b), Sept. 6, 1966, 80

Stat. 631, the first section of which enacted Title 5, Government

Organization and Employees.

-CITE-

19 USC Part III - Adjustment Assistance to Workers 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

.

-HEAD-

Part III - Adjustment Assistance to Workers

-CITE-

19 USC Sec. 1931 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

-HEAD-

Sec. 1931. Repealed. Pub. L. 93-618, title VI, Sec. 602(e), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title III, Sec. 321, Oct. 11, 1962, 76

Stat. 892, authorized giving of adjustment assistance to workers.

See section 2271 et seq. of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on 90th day following Jan. 3, 1975, see note set

out under section 1901 of this title.

-CITE-

19 USC subpart a - trade readjustment allowances 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart a - trade readjustment allowances

.

-HEAD-

subpart a - trade readjustment allowances

-CITE-

19 USC Sec. 1941 to 1944 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart a - trade readjustment allowances

-HEAD-

Sec. 1941 to 1944. Repealed. Pub. L. 93-618, title VI, Sec. 602(e),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1941, Pub. L. 87-794, title III, Sec. 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, Sec. 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, Sec. 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, Sec. 325, Oct. 11, 1962,

76 Stat. 894, provided for application of State laws. See section

2294 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on 90th day following Jan. 3, 1975, see note set

out under section 1901 of this title.

-CITE-

19 USC subpart b - training 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart b - training

.

-HEAD-

subpart b - training

-CITE-

19 USC Sec. 1951, 1952 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart b - training

-HEAD-

Sec. 1951, 1952. Repealed. Pub. L. 93-618, title VI, Sec. 602(e),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1951, Pub. L. 87-794, title III, Sec. 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, Sec. 327, Oct. 11, 1962,

76 Stat. 895, provided for disqualification for refusal of

training. See section 2296 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on 90th day following Jan. 3, 1975, see note set

out under section 1901 of this title.

-CITE-

19 USC subpart c - relocation allowances 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart c - relocation allowances

.

-HEAD-

subpart c - relocation allowances

-CITE-

19 USC Sec. 1961 to 1963 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart c - relocation allowances

-HEAD-

Sec. 1961 to 1963. Repealed. Pub. L. 93-618, title VI, Sec. 602(e),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1961, Pub. L. 87-794, title III, Sec. 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, Sec. 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, Sec. 330, Oct. 11, 1962,

76 Stat. 896, defined ''relocation allowance''. See sections 2297

and 2298 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on 90th day following Jan. 3, 1975, see note set

out under section 1901 of this title.

-CITE-

19 USC subpart d - general provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart d - general provisions

.

-HEAD-

subpart d - general provisions

-CITE-

19 USC Sec. 1971 to 1978 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part III - Adjustment Assistance to Workers

subpart d - general provisions

-HEAD-

Sec. 1971 to 1978. Repealed. Pub. L. 93-618, title VI, Sec. 602(e),

Jan. 3, 1975, 88 Stat. 2072

-MISC1-

Section 1971, Pub. L. 87-794, title III, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 337, Oct. 11, 1962,

76 Stat. 897, authorized appropriations for adjustment assistance

to workers.

Section 1978, Pub. L. 87-794, title III, Sec. 338, Oct. 11, 1962,

76 Stat. 897, defined terms. See section 2319 of this title.

EFFECTIVE DATE OF REPEAL

Repeal effective on 90th day following Jan. 3, 1975, see note set

out under section 1901 of this title.

-CITE-

19 USC Part IV - Tariff Adjustment 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part IV - Tariff Adjustment

.

-HEAD-

Part IV - Tariff Adjustment

-CITE-

19 USC Sec. 1981 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part IV - Tariff Adjustment

-HEAD-

Sec. 1981. General authority

-STATUTE-

(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) (FOOTNOTE 1) of this title -

(FOOTNOTE 1) See References in Text note below.

(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) (FOOTNOTE 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 (FOOTNOTE 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, Sec. 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, Sec. 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.

-SOURCE-

(Pub. L. 87-794, title III, Sec. 351, Oct. 11, 1962, 76 Stat. 899;

Pub. L. 93-618, title I, Sec. 171(b), title VI, Sec. 602(c), (d),

Jan. 3, 1975, 88 Stat. 2009, 2072.)

-REFTEXT-

REFERENCES IN TEXT

Section 1901 of this title, referred to in subsec. (a), was

repealed by Pub. L. 93-618, title VI, Sec. 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, Sec. 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.

-MISC2-

AMENDMENTS

1975 - Pub. L. 93-618, Sec. 171(b), substituted ''United States

International Trade Commission'' for ''United States Tariff

Commission'' wherever appearing.

Subsec. (c)(1)(B). Pub. L. 93-618, Sec. 602(c), substituted

''unless extended under section 2253 of this title.'' for ''unless

extended under paragraph (2),''.

Subsec. (c)(2). Pub. L. 93-618, Sec. 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, Sec. 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.

STATUS OF CERTAIN CHANGES IN TARIFF SCHEDULES

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.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1982, 2137, 2463 of this

title.

-CITE-

19 USC Sec. 1982 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part IV - Tariff Adjustment

-HEAD-

Sec. 1982. Marketing agreements

-STATUTE-

(a) Negotiations

After receiving an affirmative finding of the United States

International Trade Commission under section 1901(b) (FOOTNOTE 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.

(FOOTNOTE 1) See References in Text note below.

(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.

-SOURCE-

(Pub. L. 87-794, title III, Sec. 352, Oct. 11, 1962, 76 Stat. 901;

Pub. L. 93-618, title I, Sec. 171(b), Jan. 3, 1975, 88 Stat. 2009.)

-REFTEXT-

REFERENCES IN TEXT

Section 1901 of this title, referred to in subsec. (a), was

repealed by Pub. L. 93-618, title VI, Sec. 602(d), (e), Jan. 3,

1975, 88 Stat. 2072. See section 2251 et seq. of this title.

-MISC2-

AMENDMENTS

1975 - Subsec. (a). Pub. L. 93-618 substituted ''United States

International Trade Commission'' for ''United States Tariff

Commission''.

-TRANS-

DELEGATION OF FUNCTIONS

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.

-CITE-

19 USC Part V - Advisory Board 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part V - Advisory Board

.

-HEAD-

Part V - Advisory Board

-CITE-

19 USC Sec. 1991 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 7 - TRADE EXPANSION PROGRAM

SUBCHAPTER III - TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE

Part V - Advisory Board

-HEAD-

Sec. 1991. Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3,

1975, 88 Stat. 2072

-MISC1-

Section, Pub. L. 87-794, title III, Sec. 361, Oct. 11, 1962, 76

Stat. 901, established the Adjustment Assistance Advisory Board.

-CITE-