19 U.S.C. § 1339 — Trade Remedy Assistance Office

Page 126 TITLE 19—CUSTOMS DUTIES § 1339 dustry in any foreign country by reason of any such imposition or discrimination imposed by any foreign country other than the foreign coun- try in which such industry is located, and when- ever the President shall determine that any new or additional rate or rates of duty or any prohi- bition hereinbefore provided for do not effec- tively remove such imposition or discrimination and that any benefits from any such imposition or discrimination accrue or are likely to accrue to any industry in any foreign country, he shall, when he finds that the public interest will be served thereby, by proclamation specify and de- clare such new or additional rate or rates of duty upon the articles wholly or in part the growth or product of any such industry as he shall determine will offset such benefits, not to exceed 50 per centum ad valorem or its equiva- lent, upon importation from any foreign country into the United States of such articles; and on and after thirty days after the date of any such proclamation such new or additional rate or rates of duty so specified and declared in such proclamation shall be levied, collected, and paid upon such articles. (f) Forfeiture of articles All articles imported contrary to the provi- sions of this section shall be forfeited to the United States and shall be liable to be seized, prosecuted, and condemned in like manner and under the same regulations, restrictions, and provisions as may from time to time be estab- lished for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. Whenever the pro- visions of this chapter shall be applicable to im- portations into the United States of articles wholly or in part the growth or product of any foreign country, they shall be applicable thereto whether such articles are imported directly or indirectly. (g) Ascertainment by Commission of discrimina- tions It shall be the duty of the commission to as- certain and at all times to be informed whether any of the discriminations against the com- merce of the United States enumerated in sub- divisions (a), (b), and (e) of this section are prac- ticed by any country; and if and when such dis- criminatory acts are disclosed, it shall be the duty of the commission to bring the matter to the attention of the President, together with recommendations. (h) Rules and regulations of Secretary of the Treasury The Secretary of the Treasury with the ap- proval of the President shall make such rules and regulations as are necessary for the execu- tion of such proclamations as the President may issue in accordance with the provisions of this section. (i) ‘‘Foreign country’’ defined When used in this section the term ‘‘foreign country’’ means any empire, country, dominion, colony or protectorate, or any subdivision or subdivisions thereof (other than the United States and its possessions), within which sepa- rate tariff rates or separate regulations of com- merce are enforced. (June 17, 1930, ch. 497, title III, § 338, 46 Stat. 704.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in act Sept. 21, 1922, ch. 356, title III, § 317, 42 Stat. 944. That section was superseded by section 338 of act June 17, 1930, comprising this section, and repealed by section 651(a)(1) of the 1930 Act. § 1339. Trade Remedy Assistance Office (a) Establishment; public information There is established in the Commission a sepa- rate office to be known as the Trade Remedy As- sistance Office which shall provide full informa- tion to the public upon request and shall, to the extent feasible, provide assistance and advice to interested parties concerning— (1) remedies and benefits available under the trade laws, and (2) the petition and application procedures, and the appropriate filing dates, with respect to such remedies and benefits. (b) Procedural assistance by Office and other agencies The Trade Remedy Assistance Office, in co- ordination with each agency responsible for ad- ministering a trade law, shall provide technical and legal assistance and advice to eligible small businesses to enable them— (1) to prepare and file petitions and applica- tions (other than those which, in the opinion of the Office, are frivolous); and (2) to seek to obtain the remedies and bene- fits available under the trade laws, including any administrative review or administrative appeal thereunder. (c) Definitions For purposes of this section— (1) The term ‘‘eligible small business’’ means any business concern which, in the agency’s judgment, due to its small size, has neither adequate internal resources nor financial abil- ity to obtain qualified outside assistance in preparing and filing petitions and applications for remedies and benefits under trade laws. In determining whether a business concern is an ‘‘eligible small business’’, the agency may con- sult with the Small Business Administration, and shall consult with any other agency that has provided assistance under subsection (b) to that business concern. An agency decision re- garding whether a business concern is an eligi- ble small business for purposes of this section is not reviewable by any other agency or by any court. (2) The term ‘‘trade laws’’ means— (A) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq., relating to injury caused by import competition); (B) chapters 2 and 3 of such title II [19 U.S.C. 2271 et seq., 2341 et seq.] (relating to adjustment assistance for workers and firms); (C) chapter 1 of title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq., relating to re- lief from foreign import restrictions and ex- port subsidies); (D) subtitle IV of this chapter (relating to the imposition of countervailing duties and antidumping duties); Page 127 TITLE 19—CUSTOMS DUTIES § 1351 (E) section 1862 of this title (relating to the safeguarding of national security); and (F) section 1337 of this title (relating to unfair practices in import trade). (June 17, 1930, ch. 497, title III, § 339, as added Pub. L. 98–573, title II, § 221[(a)], Oct. 30, 1984, 98 Stat. 2989; Pub. L. 99–514, title XVIII, § 1888(3), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100–418, title I, § 1614, Aug. 23, 1988, 102 Stat. 1263.) Editorial Notes REFERENCES IN TEXT The Trade Act of 1974, referred to in subsec. (c)(2)(A) to (C), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chap- ters 1, 2, and 3 of title II of the Trade Act of 1974 are classified generally to parts 1 (§ 2251 et seq.), 2 (§ 2271 et seq.), and 3 (§ 2341 et seq.) of subchapter II of chapter 12 of this title, respectively. Chapter 1 of title III of the Trade Act of 1974 is classified generally to subchapter III (§ 2411 et seq.) of chapter 12 of this title. For com- plete classification of this Act to the Code, see section 2101 of this title and Tables. PRIOR PROVISIONS A prior section 339 of act June 17, 1930, related to ef- fect of repeal and reenactment of laws relating to Tar- iff Commission upon status of appropriations, employ- ees, and privileges, prior to repeal by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 648. AMENDMENTS 1988—Subsec. (a). Pub. L. 100–418, § 1614(1), substituted ‘‘a separate office to be known as the Trade’’ for ‘‘a Trade’’, and ‘‘upon request and shall, to the extent fea- sible, provide assistance and advice to interested par- ties’’ for ‘‘, upon request,’’ in introductory provisions. Subsec. (b). Pub. L. 100–418, § 1614(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Each agency responsible for administering a trade law shall provide technical assistance to eligible small businesses to enable them to prepare and file pe- titions and applications (other than those which, in the opinion of the agency, are frivolous) to obtain the rem- edies and benefits that may be available under that law.’’ 1986—Subsec. (c)(2)(A). Pub. L. 99–514 substituted ‘‘in- jury’’ for ‘‘relief’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 98–573, title II, § 221(b), Oct. 30, 1984, 98 Stat. 2990, provided that: ‘‘Section 339 of the Tariff Act of 1930 [this section] (as added by subsection (a)) shall take effect on the 90th day after the date of the enact- ment of this Act [Oct. 30, 1984].’’ PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. § 1340. Omitted Editorial Notes CODIFICATION Section, act June 17, 1930, ch. 497, title III, § 340, 46 Stat. 706, related to preparation of a certain report by commission to Congress. See Tariff Commission Re- ports, No. 46, Parts 1 to 8. § 1341. Interference with functions of Commis- sion (a) Interfering with or influencing the Commis- sion or its employees It shall be unlawful for any person (1) to pre- vent or attempt to prevent, by force, intimida- tion, threat, or in any other manner, any mem- ber or employee of the commission from exer- cising the functions imposed upon the commis- sion by this subtitle, or (2) to induce, or attempt to induce, by like means any such member or employee to make any decision or order, or to take any action, with respect to any matter within the authority of the commission. (b) Penalty Any person who violates any of the provisions of this section shall, upon conviction thereof, be fined not more than $1,000 or imprisonment for not more than one year, or both. (c) ‘‘Person’’ defined As used in this section the term ‘‘person’’ in- cludes an individual, corporation, association, partnership, or any other organization or group of individuals. (June 17, 1930, ch. 497, title III, § 341, 46 Stat. 707.) PART III—PROMOTION OF FOREIGN TRADE § 1351. Foreign trade agreements (a) Authority of President; modification and de- crease of duties; altering import restrictions (1) For the purpose of expanding foreign mar- kets for the products of the United States (as a means of assisting in establishing and maintain- ing a better relationship among various branches of American agriculture, industry, mining, and commerce) by regulating the admis- sion of foreign goods into the United States in accordance with the characteristics and needs of various branches of American production so that foreign markets will be made available to those branches of American production which require and are capable of developing such out- lets by affording corresponding market opportu- nities for foreign products in the United States, the President, whenever he finds as a fact that any existing duties or other import restrictions of the United States or any foreign country are unduly burdening and restricting the foreign trade of the United States and that the purpose above declared will be promoted by the means hereinafter specified, is authorized from time to time— (A) To enter into foreign trade agreements with foreign governments or instrumentalities thereof: Provided, That the enactment of the Trade Agreements Extension Act of 1955 shall not be construed to determine or indicate the approval or disapproval by the Congress of the executive agreement known as the General Agreement on Tariffs and Trade. (B) To proclaim such modifications of exist- ing duties and other import restrictions, or such additional import restrictions, or such continuance, and for such minimum periods,