19 U.S.C. § 1352a — Repealed. Pub. L. 87–794, title II, § 257(f),

Page 132 TITLE 19—CUSTOMS DUTIES § 1352 1 See References in Text note below. 2 See Extension of Presidential Authority notes below. 11075, Jan. 15, 1963, 28 F.R. 473, set out as a note under section 1801 of this title. EXECUTIVE ORDER NO. 10741 Ex. Ord. No. 10741, Nov. 26, 1957, 22 F.R. 9451, which es- tablished the Trade Policy Committee, was revoked by Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, set out as a note under section 1801 of this title. § 1352. Equalization of costs of production (a) Application to importation of articles under foreign-trade agreement The provisions of section 1336 of this title shall not apply to any article with respect to the importation of which into the United States a foreign-trade agreement has been concluded pur- suant to this part or the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.] or the Trade Act of 1974 [19 U.S.C. 2101 et seq.] or to any provision of any such agreement. The third paragraph of sec- tion 1311 of this title shall apply to any agree- ment concluded pursuant to this part or the Trade Expansion Act of 1962 or the Trade Act of 1974 to the extent only that such agreement assures to the United States a rate of duty on wheat flour produced in the United States which is preferential in respect to the lowest rate of duty imposed by the country with which such agreement has been concluded on like flour pro- duced in any other country; and upon the with- drawal of wheat flour from bonded manufac- turing warehouses for exportation to the coun- try with which such agreement has been con- cluded, there shall be levied, collected, and paid on the imported wheat used, a duty equal to the amount of such assured preference. (b) Termination of foreign trade agreement Every foreign trade agreement concluded pur- suant to this part shall be subject to termi- nation, upon due notice to the foreign govern- ment concerned, at the end of not more than three years from the date on which the agree- ment comes into force, and, if not then termi- nated, shall be subject to termination thereafter upon not more than six months’ notice. (c) Termination of authority of President The authority of the President to enter into foreign trade agreements under section 1351 of this title 1 shall terminate on the expiration of three years from June 12, 1934.2 (June 12, 1934, ch. 474, § 2, 48 Stat. 944; June 16, 1951, ch. 141, § 9(a), 65 Stat. 75; Pub. L. 87–794, title II, § 257(d), Oct. 11, 1962, 76 Stat. 882; Pub. L. 93–618, title VI, § 602(a), Jan. 3, 1975, 88 Stat. 2072; Pub. L. 96–39, title XI, § 1106(h)(2), July 26, 1979, 93 Stat. 313.) Editorial Notes REFERENCES IN TEXT The Trade Expansion Act of 1962, referred to in sub- sec. (a), is Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872, which is classified generally to chapter 7 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. The Trade Act of 1974, referred to in subsec. (a), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, which is classi- fied principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. Section 1351 of this title, referred to in subsec. (c), was in the original ‘‘section 1 of this Act’’, meaning section 1 of act June 12, 1934, and was translated as re- ferring to section 350 of act June 17, 1930, which was en- acted by section 1 of act June 12, 1934, and is classified to section 1351 of this title. AMENDMENTS 1979—Subsec. (a). Pub. L. 96–39 amended directory language of Pub. L. 93–618, § 602(a), to correct a typo- graphical error, and did not involve any change in text. See 1975 Amendment note below. 1975—Subsec. (a). Pub. L. 93–618, as amended by Pub. L. 96–39, inserted ‘‘or the Trade Act of 1974’’ after ‘‘Act of 1962’’ in two places. 1962—Subsec. (a). Pub. L. 87–794 inserted ‘‘or the Trade Expansion Act of 1962’’ after ‘‘this part’’ in two places. 1951—Subsec. (a). Act June 16, 1951, substituted ‘‘sec- tion 1336 of this title’’ for ‘‘sections 1336 and 1516(b) of this title’’. Statutory Notes and Related Subsidiaries EXTENSION OF PRESIDENTIAL AUTHORITY Extensions of authority of the President to enter into foreign trade agreements under section 350 of the Tariff Act of 1930 (section 1351 of this title) were contained in the following: Pub. L. 87–794, title II, § 257(c), Oct. 11, 1962, 76 Stat. 882, from close of June 30, 1962, until close of Dec. 31, 1962. Pub. L. 85–686, § 2, Aug. 20, 1958, 72 Stat. 673, from close of June 30, 1958, until close of June 30, 1962. Act June 21, 1955, ch. 169, § 2, 69 Stat. 162, from June 12, 1955, until close of June 30, 1958. Act July 1, 1954, ch. 445, § 1, 68 Stat. 360, until one year from June 12, 1954. Act Aug. 7, 1953, ch. 348, title I, § 101, 67 Stat. 472, until one year from June 12, 1953. Act June 16, 1951, ch. 141, § 2, 65 Stat. 72, until two years from June 12, 1951. Act Sept. 26, 1949, ch. 585, § 3, 63 Stat. 698, until three years from June 12, 1948. Act June 26, 1948, ch. 678, § 2, 62 Stat. 1053, until close of June 30, 1949; repealed by act Sept. 26, 1949, ch. 585, § 2, 63 Stat. 698. Act July 5, 1945, ch. 269, § 1, 59 Stat. 410, until three years from June 12, 1945. Act June 7, 1943, ch. 118, § 1, 57 Stat. 125, until two years from June 12, 1943. Act Apr. 12, 1940, ch. 96, 54 Stat. 107, until three years from June 12, 1940. Act Mar. 1, 1937, ch. 22, 50 Stat. 24, until three years from June 12, 1937. § 1352a. Repealed. Pub. L. 87–794, title II, § 257(f), Oct. 11, 1962, 76 Stat. 882 Section, acts July 1, 1954, ch. 445, § 2, 68 Stat. 360; June 21, 1955, ch. 169, § 7, 69 Stat. 166; Aug. 20, 1958, Pub. L. 85–686, § 8(a), 72 Stat. 678, related to restriction on de- crease of duties, impairment of national security, in- vestigations and reports, and reports to Congress. See section 1801 et seq. of this title. Statutory Notes and Related Subsidiaries ACTIONS COMMENCED PRIOR TO OCTOBER 11, 1962 Pub. L. 87–794, title II, § 257(f), Oct. 11, 1962, 76 Stat. 882, provided in part that: ‘‘Any action (including any investigation begun) under section 2 [section 1352a of this title] before the date of the enactment of this Act [Oct. 11, 1962] shall be considered as having been taken or begun under section 232 [section 1862 of this title].’’ Page 133 TITLE 19—CUSTOMS DUTIES § 1356k § 1353. Indebtedness of foreign countries, effect on Nothing in this part shall be construed to give any authority to cancel or reduce, in any man- ner, any of the indebtedness of any foreign coun- try to the United States. (June 12, 1934, ch. 474, § 3, 48 Stat. 944.) § 1354. Notice of intention to negotiate agree- ment; opportunity to be heard; President to seek information and advice Before any foreign trade agreement is con- cluded with any foreign government or instru- mentality thereof under the provisions of this part, reasonable public notice of the intention to negotiate an agreement with such govern- ment or instrumentality shall be given in order that any interested person may have an oppor- tunity to present his views to the President, or to such agency as the President may designate, under such rules and regulations as the Presi- dent may prescribe; and before concluding such agreement the President shall request the Inter- national Trade Commission to make the inves- tigation and report provided for by section 1360 of this title, and shall seek information and ad- vice with respect to such agreement from the Departments of State, Agriculture, Commerce, and Defense, and from such other sources as he may deem appropriate. (June 12, 1934, ch. 474, § 4, 48 Stat. 945; July 5, 1945, ch. 269, § 4, 59 Stat. 411; Aug. 10, 1949, ch. 412, § 12(a), 63 Stat. 591; Sept. 26, 1949, ch. 585, § 5, 63 Stat. 698; June 16, 1951, ch. 141, § 3(c), 65 Stat. 73; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.) Editorial Notes AMENDMENTS 1975—Pub. L. 93–618 substituted ‘‘United States Inter- national Trade Commission’’ for ‘‘United States Tariff Commission’’. 1951—Act June 16, 1951, provided that the President request the Tariff Commission to make the investiga- tion and report. 1949—Act Sept. 26, 1949, changed the Tariff Commis- sion’s functions under these sections from investiga- tory to advisory functions. 1945—Act July 5, 1945, inserted ‘‘War, Navy,’’ after ‘‘Departments of State’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME National Military Establishment changed to Depart- ment of Defense by act Aug. 10, 1949. REPEALS Act Sept. 26, 1949, § 2, repealed act June 26, 1948, ch. 678, § 3(c), 62 Stat. 1054, formerly cited as a credit to this section. §§ 1355, 1356. Repealed. Pub. L. 89–23, § 7, May 22, 1965, 79 Stat. 113 Sections, act Apr. 11, 1941, ch. 59, §§ 1, 2, 55 Stat. 133, 134, related to the importation of coffee under Inter- American Coffee Agreement. See sections 1356a to 1356e of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective May 22, 1965, the date the President made the determination required by section 8 of Pub. L. 89–23, set out as a note under section 1356a of this title. §§ 1356a to 1356j. Omitted Editorial Notes CODIFICATION Sections were omitted. See sections 1356k and 1356l of this title. Section 1356a, Pub. L. 89–23, § 2, May 22, 1965, 79 Stat. 112, authorized the President, for a period not to exceed October 1, 1968, to carry out the provisions of the Inter- national Coffee Agreement, 1962. Section 1356b, Pub. L. 89–23, § 3, May 22, 1965, 79 Stat. 112, defined ‘‘coffee’’ for section 1356a of this title. Section 1356c, Pub. L. 89–23, § 4, May 22, 1965, 79 Stat. 112, authorized delegation of Presidential powers and duties and required protection of consumer interests under sections 1356a to 1356e of this title. Section 1356d, Pub. L. 89–23, § 5, May 22, 1965, 79 Stat. 113, required the President to submit an annual report to Congress on the International Coffee Agreement, 1962. Section 1356e, Pub. L. 89–23, § 6, May 22, 1965, 79 Stat. 113, authorized appropriations for sections 1356a to 1356e of this title and limited contributions for admin- istration of the International Coffee Agreement, 1962. Section 1356f, Pub. L. 90–634, title III, § 302, Oct. 24, 1968, 82 Stat. 1348; Pub. L. 91–694, § 1, Jan. 12, 1971, 84 Stat. 2077; Pub. L. 92–262, Mar. 24, 1972, 86 Stat. 113, au- thorized the President, for a period not to exceed Octo- ber 1, 1973, to carry out the provisions of the Inter- national Coffee Agreement, 1968. Section 1356g, Pub. L. 90–634, title III, § 303, Oct. 24, 1968, 82 Stat. 1348, defined ‘‘coffee’’ for section 1356f of this title. Section 1356h, Pub. L. 90–634, title III, § 304, Oct. 24, 1968, 82 Stat. 1348, authorized delegation of Presidential powers and duties and required protection of consumer interests under sections 1356f to 1356j of this title and provided for remedial action under the International Coffee Agreement, 1968. Section 1356i, Pub. L. 90–634, title III, § 305, Oct. 24, 1968, 82 Stat. 1349, required the President to submit an annual report to Congress on the International Coffee Agreement, 1968. Section 1356j, Pub. L. 90–634, title III, § 306, Oct. 24, 1968, 82 Stat. 1349, provided procedures to prevent dis- crimination against vessels registered under laws of the United States in shipping coffee to the United States. § 1356k. Importation of coffee under Inter- national Coffee Agreement, 1983; Presi- dential powers and duties On and after the entry into force of the Inter- national Coffee Agreement, 1983, and before Oc- tober 1, 1989, the President is authorized, in order to carry out and enforce the provisions of that agreement— (1) to regulate the entry of coffee for con- sumption, or withdrawal of coffee from ware- house for consumption, or any other form of entry or withdrawal of coffee such as for transportation or exportation, including whenever quotas are in effect pursuant to the agreement, (A) the limitation of entry, or withdrawal from warehouse, of coffee im- ported from countries which are not members of the International Coffee Organization, and (B) the prohibition of entry of any shipment