19 U.S.C. § 1351 — Foreign trade agreements

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, Page 128 TITLE 19—CUSTOMS DUTIES § 1351 of existing customs or excise treatment of any article covered by foreign trade agreements, as are required or appropriate to carry out any foreign trade agreement that the President has entered into hereunder. (2) No proclamation pursuant to paragraph (1)(B) of this subsection shall be made— (A) Increasing by more than 50 per centum any rate of duty existing on July 1, 1934; ex- cept that a specific rate of duty existing on July 1, 1934, may be converted to its ad valo- rem equivalent based on the value of imports of the article concerned during the calendar year 1934 (determined in the same manner as provided in subparagraph (D)(ii)) and the proc- lamation may provide an ad valorem rate of duty not in excess of 50 per centum above such ad valorem equivalent. (B) Transferring any article between the du- tiable and free lists. (C) In order to carry out a foreign trade agreement entered into by the President be- fore June 12, 1955, or with respect to which no- tice of intention to negotiate was published in the Federal Register on November 16, 1954, de- creasing by more than 50 per centum any rate of duty existing on January 1, 1945. (D) In order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955, and before July 1, 1958, de- creasing (except as provided in subparagraph (C) of this paragraph) any rate of duty below the lowest of the following rates: (i) The rate 15 per centum below the rate existing on January 1, 1955. (ii) In the case of any article subject to an ad valorem rate of duty above 50 per centum (or a combination of ad valorem rates aggre- gating more than 50 per centum), the rate 50 per centum ad valorem (or a combination of ad valorem rates aggregating 50 per cen- tum). In the case of any article subject to a specific rate of duty (or a combination of rates including a specific rate) the ad valo- rem equivalent of which has been deter- mined by the President to have been above 50 per centum during a period determined by the President to be a representative period, the rate 50 per centum ad valorem or the rate (or a combination of rates), however stated, the ad valorem equivalent of which the President determines would have been 50 per centum during such period. The stand- ards of valuation contained in section 1401a of this title (as in effect, with respect to the article concerned, during the representative period) shall be utilized by the President, to the maximum extent he finds such utiliza- tion practicable, in making the determina- tions under the preceding sentence. (E) In order to carry out a foreign trade agreement entered into by the President on or after July 1, 1958, decreasing any rate of duty below the lowest of the rates provided for in paragraph (4)(A) of this subsection. (3)(A) Subject to the provisions of subpara- graphs (B) and (C) of this paragraph and of sub- paragraph (B) of paragraph (4) of this sub- section, the provisions of any proclamation made under paragraph (1)(B) of this subsection, and the provisions of any proclamation of sus- pension under paragraph (5) of this subsection, shall be in effect from and after such time as is specified in the proclamation. (B) In the case of any decrease in duty to which paragraph (2)(D) of this subsection ap- plies— (i) if the total amount of the decrease under the foreign trade agreement does not exceed 15 per centum of the rate existing on January 1, 1955, the amount of decrease becoming ini- tially effective at one time shall not exceed 5 per centum of the rate existing on January 1, 1955; (ii) except as provided in clause (i), not more than one-third of the total amount of the de- crease under the foreign trade agreement shall become initially effective at one time; and (iii) no part of the decrease after the first part shall become initially effective until the immediately previous part shall have been in effect for a period or periods aggregating not less than one year. (C) No part of any decrease in duty to which the alternative specified in paragraph (2)(D)(i) of this subsection applies shall become initially ef- fective after the expiration of the three-year pe- riod which begins on July 1, 1955. If any part of such decrease has become effective, then for pur- poses of this subparagraph any time thereafter during which such part of the decrease is not in effect by reason of legislation of the United States or action thereunder shall be excluded in determining when the three-year period expires. (D) If (in order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955) the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed any limitation speci- fied in paragraph (2)(C) or (D) or paragraph (4)(A) or (B) of this subsection or subparagraph (B) of this paragraph by not more than which- ever of the following is lesser: (i) The difference between the limitation and the next lower whole number, or (ii) One-half of 1 per centum ad valorem. In the case of a specific rate (or of a combina- tion of rates which includes a specific rate), the one-half of 1 per centum specified in clause (ii) of the preceding sentence shall be determined in the same manner as the ad valorem equivalent of rates not stated wholly in ad valorem terms is determined for the purposes of paragraph (2)(D)(ii) of this subsection. (4)(A) No proclamation pursuant to paragraph (1)(B) of this subsection shall be made, in order to carry out a foreign trade agreement entered into by the President on or after July 1, 1958, de- creasing any rate of duty below the lowest of the following rates: (i) The rate which would result from de- creasing the rate existing on July 1, 1958, by 20 per centum of such rate. (ii) Subject to paragraph (2)(B) of this sub- section, the rate 2 per centum ad valorem below the rate existing on July 1, 1958. (iii) The rate 50 per centum ad valorem or, in the case of any article subject to a specific rate of duty or to a combination of rates in- Page 129 TITLE 19—CUSTOMS DUTIES § 1351 cluding a specific rate, any rate (or combina- tion of rates), however stated, the ad valorem equivalent of which has been determined as 50 per centum ad valorem. The provisions of clauses (ii) and (iii) of this subparagraph and of subparagraph (B)(ii) of this paragraph shall, in the case of any article, sub- ject to a combination of ad valorem rates of duty, apply to the aggregate of such rates; and, in the case of any article, subject to a specific rate of duty or to a combination of rates includ- ing a specific rate, such provisions shall apply on the basis of the ad valorem equivalent of such rate or rates, during a representative pe- riod (whether or not such period includes July 1, 1958), determined in the same manner as the ad valorem equivalent of rates not stated wholly in ad valorem terms is determined for the purpose of paragraph (2)(D)(ii) of this subsection. (B)(i) In the case of any decrease in duty to which clause (i) of subparagraph (A) of this para- graph applies, such decrease shall become ini- tially effective in not more than four annual stages, and no amount of decrease becoming ini- tially effective at one time shall exceed 10 per centum of the rate of duty existing on July 1, 1958, or, in any case in which the rate has been increased since that date, exceed such 10 per centum or one-third of the total amount of the decrease under the foreign trade agreement, whichever is the greater. (ii) In the case of any decrease in duty to which clause (ii) of subparagraph (A) of this paragraph applies, such decrease shall become initially effective in not more than four annual stages, and no amount of decrease becoming ini- tially effective at one time shall exceed 1 per centum ad valorem or, in any case in which the rate has been increased since July 1, 1958, exceed such 1 per centum or one-third of the total amount of the decrease under the foreign trade agreement, whichever is the greater. (iii) In the case of any decrease in duty to which clause (iii) of subparagraph (A) of this paragraph applies, such decrease shall become initially effective in not more than four annual stages, and no amount of decrease becoming ini- tially effective at one time shall exceed one- third of the total amount of the decrease under the foreign trade agreement. (C) In the case of any decrease in duty to which subparagraph (A) of this paragraph ap- plies (i) no part of a decrease after the first part shall become initially effective until the imme- diately previous part shall have been in effect for a period or periods aggregating not less than one year, nor after the first part shall have been in effect for a period or periods aggregating more than three years, and (ii) no part of a de- crease shall become initially effective after the expiration of the four-year period which begins on July 1, 1962. If any part of a decrease has be- come effective, then for the purposes of clauses (i) and (ii) of the preceding sentence any time thereafter during which such part of the de- crease is not in effect by reason of legislation of the United States or action thereunder shall be excluded in determining when the three-year pe- riod or the four-year period, as the case may be, expires. (5) Repealed. Pub. L. 87–794, title II, § 257(b), Oct. 11, 1962, 76 Stat. 882. (6) The President may at any time terminate, in whole or in part, any proclamation made pur- suant to this section. (b) Cuba; preferential customs treatment; de- crease of rates Nothing in this section or the Trade Expan- sion Act of 1962 [19 U.S.C. 1801 et seq.] shall be construed to prevent the application, with re- spect to rates of duty established under this sec- tion or the Trade Expansion Act of 1962 pursuant to agreements with countries other than Cuba, of the provisions of the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on December 11, 1902, or to preclude giving effect to an agreement with Cuba concluded under this section or the Trade Expansion Act of 1962, modifying the ex- isting preferential customs treatment of any ar- ticle the growth, produce, or manufacture of Cuba. Nothing in this chapter or the Trade Ex- pansion Act of 1962 shall be construed to pre- clude the application to any product of Cuba (in- cluding products preferentially free of duty) of a rate of duty not higher than the rate applicable to the like products of other foreign countries (except the Philippines), whether or not the ap- plication of such rate involves any preferential customs treatment. No rate of duty on products of Cuba shall be decreased— (1) In order to carry out a foreign trade agreement entered into by the President be- fore June 12, 1955, by more than 50 per centum of the rate of duty existing on January 1, 1945, with respect to products of Cuba. (2) In order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955, and before July 1, 1962, below the applicable alternative specified in subsection (a)(2)(C) or (D) or (4)(A) (subject to the applicable provisions of subsection (a)(3)(B), (C), and (D) and (4)(B) and (C)), each such alternative to be read for the purposes of this paragraph as relating to the rate of duty applicable to products of Cuba. With respect to products of Cuba, the limitation of subsection (a)(2)(D)(ii) or (4)(A)(iii) may be exceeded to such extent as may be required to maintain an absolute margin of preference to which such products are entitled. (3) In order to carry out a foreign trade agreement entered into after June 30, 1962, and before July 1, 1967, below the lowest rate per- missible by applying title II of the Trade Ex- pansion Act of 1962 [19 U.S.C. 1821 et seq.] to the rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) existing on July 1, 1962, with respect to such product. (c) Definitions (1) As used in this section, the term ‘‘duties and other import restrictions’’ includes (A) rate and form of import duties and classification of articles, and (B) limitations, prohibitions, charges, and exactions other than duties, im- posed on importation or imposed for the regula- tion of imports. (2) For purposes of this section— (A) Except as provided in subsection (d), the terms ‘‘existing on July 1, 1934’’, ‘‘existing on January 1, 1945’’, ‘‘existing on January 1, Page 130 TITLE 19—CUSTOMS DUTIES § 1351 1955’’, and ‘‘existing on July 1, 1958’’ refer to rates of duty (however established, and even though temporarily suspended by Act of Con- gress or otherwise) existing on the date speci- fied, except rates in effect by reason of action taken pursuant to section 1362 of this title. (B) The term ‘‘existing’’ without the speci- fication of any date, when used with respect to any matter relating to the conclusion of, or proclamation to carry out, a foreign trade agreement, means existing on the day on which that trade agreement is entered into. (d) Rate basis for additional increases or de- creases; restoration of terminated treaties forbidden (1) When any rate of duty has been increased or decreased for the duration of war or an emer- gency, by agreement or otherwise, any further increase or decrease shall be computed upon the basis of the post-war or post-emergency rate carried in such agreement or otherwise. (2) Where under a foreign trade agreement the United States has reserved the unqualified right to withdraw or modify, after the termination of war or an emergency, a rate on a specific com- modity, the rate on such commodity to be con- sidered as ‘‘existing on January 1, 1945’’ for the purpose of this section shall be the rate which would have existed if the agreement had not been entered into. (3) No proclamation shall be made pursuant to this section for the purpose of carrying out any foreign trade agreement the proclamation with respect to which has been terminated in whole by the President prior to July 5, 1945. (e) Repealed. Pub. L. 87–794, title II, § 257(b), Oct. 11, 1962, 76 Stat. 882 (f) Information and advice from industry, agri- culture, and labor It is declared to be the sense of the Congress that the President, during the course of negoti- ating any foreign trade agreement under this section, should seek information and advice with respect to such agreement from representa- tives of industry, agriculture, and labor. (June 17, 1930, ch. 497, title III, § 350, as added June 12, 1934, ch. 474, § 1, 48 Stat. 943; amended June 7, 1943, ch. 118, § 2, 57 Stat. 125; July 5, 1945, ch. 269, §§ 2, 3, 59 Stat. 410; Sept. 26, 1949, ch. 585, §§ 4, 6, 63 Stat. 698; June 21, 1955, ch. 169, § 3, 69 Stat. 162; Pub. L. 85–686, § 3, Aug. 20, 1958, 72 Stat. 673; Pub. L. 87–794, title II, § 257(a), (b), Oct. 11, 1962, 76 Stat. 881, 882; Pub. L. 96–39, title II, § 202(a)(3), July 26, 1979, 93 Stat. 202.) Editorial Notes REFERENCES IN TEXT The Trade Agreements Extension Act of 1955, referred to in subsec. (a)(1)(A), is act June 21, 1955, ch. 169, 69 Stat. 162, which is classified to sections 1351(a), (b), (c), (e), 1352(c), 1352a, 1363(b), and 1364(a), (b), (e) of this title. For complete classification of this Act to the Code, see Short Title of 1955 Amendment note set out under section 1654 of this title and Tables. Paragraph (5) of this subsection, referred to in subsec. (a)(3)(A), was repealed by Pub. L. 87–794, title III, § 257(b), Oct. 11, 1962, 76 Stat. 882. The Trade Expansion Act of 1962, referred to in sub- sec. (b), is Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872, which is classified generally to chapter 7 (§ 1801 et seq.) of this title. Title II of the Trade Expansion Act of 1962, also referred to in subsec. (b), is classified generally to subchapter II (§ 1821 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Section 1362 of this title, referred to in subsec. (c)(2)(A), related to suspension or withdrawal of conces- sions from Communistic areas and was repealed by Pub. L. 87–794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882. AMENDMENTS 1979—Subsec. (a)(2)(D)(ii). Pub. L. 96–39 struck out reference to standards of valuation contained in sec- tion 1402 of this title. 1962—Subsec. (a)(5). Pub. L. 87–794, § 257(b), repealed par. (5) which provided that, subject to the provisions of section 1362 of this title, duties and other import re- strictions proclaimed pursuant to this section shall apply to all articles the growth, produce, or manufac- ture of all foreign countries, whether imported directly or indirectly, and required the President to suspend the application to articles the growth, produce, or manu- facture of any country because of its discriminatory treatment of American commerce or because of other acts (including the operations of international cartels) or policies which in his opinion tend to defeat the pur- poses of this section. Subsec. (b). Pub. L. 87–794, § 257(a), inserted references to the Trade Expansion Act of 1962 in first and second sentences, substituted ‘‘1955, and before July 1, 1962’’ for ‘‘1955’’ in par. (2), and added par. (3). Subsec. (e). Pub. L. 87–794, § 257(b), repealed subsec. (e) which related to reports to Congress by the President and the Tariff Commission. 1958—Subsec. (a)(2)(A). Pub. L. 85–686, § 3(a)(1), sub- stituted ‘‘any rate of duty existing on July 1, 1934’’ for ‘‘any rate of duty existing on July 1, 1945’’, and inserted provisions permitting conversion of a specific rate of duty existing on July 1, 1934, to its ad valorem equiva- lent, and allowing an ad valorem rate of duty not in ex- cess of 50 per centum above such ad valorem equiva- lent. Subsec. (a)(2)(D). Pub. L. 85–686, § 3(a)(2), (3), inserted ‘‘and before July 1, 1958,’’ after ‘‘June 12, 1955’’, in open- ing par., and substituted ‘‘section 1401a or 1402 of this title (as in effect, with respect to the article con- cerned,’’ for ‘‘section 1402 of this title (as in effect’’. Subsec. (a)(2)(E). Pub. L. 85–686, § 3(a)(4), added sub- par. (E). Subsec. (a)(3)(A). Pub. L. 85–686, § 3(a)(5), inserted ‘‘and of subparagraph (B) of paragraph 4 of this sub- section’’ after ‘‘subparagraphs (B) and (C) of this para- graph’’, and substituted ‘‘suspension under paragraph (5)’’ for ‘‘suspension under paragraph (4)’’. Subsec. (a)(3)(D). Pub. L. 85–686, § 3(a)(6), inserted ‘‘or paragraph (4)(A) or (B)’’ after ‘‘paragraph (2)(C) or (D)’’. Subsec. (a)(4) to (6). Pub. L. 85–686, § 3(a)(7), (8), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively. Subsec. (b). Pub. L. 85–686, § 3(b)(1), substituted ‘‘an agreement with Cuba’’ for ‘‘an exclusive agreement with Cuba’’ in opening par. Subsec. (b)(2). Pub. L. 85–686, § 3(b)(2), inserted ‘‘or (4)(A)’’ after ‘‘subsection (a)(2)(C) or (D)’’, ‘‘and (4)(B) and (C)’’ after ‘‘subsection (a)(3)(B), (C), and (D)’’, and ‘‘or (4)(A)(iii)’’ after ‘‘subsection (a)(2)(D)(ii)’’. Subsec. (c)(2)(A). Pub. L. 85–686, § 3(c), defined ‘‘exist- ing on July 1, 1934’’ and ‘‘existing on July 1, 1958’’. Subsec. (e)(1). Pub. L. 85–686, § 3(d), provided for the inclusion in the report of the results of action taken to obtain removal of foreign trade restrictions (including discriminatory restrictions) against United States ex- ports, remaining restrictions, and the measures avail- able to seek their removal in accordance with the ob- jectives of this section. Subsec. (f). Pub. L. 85–686, § 3(e), added subsec. (f). 1955—Subsec. (a). Act June 21, 1955, § 3(a), among other changes, authorized the President to reduce tariff Page 131 TITLE 19—CUSTOMS DUTIES § 1351 rates existing on January 1, 1955 by a total of 15 percent in stages of not more than 5 percent of such rates, or to reduce those rates which are higher than 50 percent of the value of an import to a rate not less than 50 per- cent, in stages of not more than one-third of the reduc- tion in any one year. Subsec. (b). Act June 21, 1955, § 3(b), made applicable to Cuban products the new limits of authority to re- duce tariffs. Subsec. (c). Act June 21, 1955, § 3(c), designated exist- ing provisions as par. (1) and added par. (2). Subsec. (e). Act June 21, 1955, § 3(d), added subsec. (e). 1949—Subsec. (a). Act Sept. 26, 1949, struck out obso- lete language referring to the depression which existed at the time of the original enactment of section. Subsec. (b). Act Sept. 26, 1949, substituted period for colon following Cuba, struck out proviso which fol- lowed, and inserted in lieu thereof the last two sen- tences. 1945—Subsec. (a)(2). Act July 5, 1945, struck out ‘‘ex- isting’’ after ‘‘per centum any’’, and inserted ‘‘, however established, existing on January 1, 1945 (even though temporarily suspended by Act of Con- gress),’’ after ‘‘rate of duty’’. Subsec. (b). Act July 5, 1945, struck out ‘‘payable’’ after ‘‘That the duties’’, and substituted ‘‘however es- tablished, existing on January 1, 1945 (even though temporarily suspended by Act of Congress).’’ for ‘‘now payable thereon’’ in proviso. Subsec. (d). Act July 5, 1945, added subsec. (d). 1943—Subsec. (a)(2). Act June 7, 1943, inserted matter within parentheses in proviso. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective July 1, 1980, see section 204(a) of Pub. L. 96–39, set out as a note under section 1401a of this title. TREATY BETWEEN UNITED STATES AND CUBA The treaty concluded between the United States and the Republic of Cuba, on Dec. 11, 1902, referred to in subsec. (b) of the text, was terminated Aug. 21, 1963, pursuant to notice given by the United States on Aug. 21, 1962. See Bevans, Treaties and Other International Agreements of the United States of America, 1776–1949, vol. VI, page 1106. TARIFF TREATMENT OF CUBAN PRODUCTS Pub. L. 87–456, title IV, § 401, May 24, 1962, 76 Stat. 78, provided that: ‘‘(a) Cuba is hereby declared to be a nation described in section 5 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1362, relating to imports from nations and areas dominated or controlled by the foreign government or foreign organization controlling the world Communist movement). Articles which are— ‘‘(1) the growth, produce, or manufacture of Cuba, and ‘‘(2) imported on or after the date of enactment of this Act [May 24, 1962], shall be denied the benefits of concessions contained in any trade agreement entered into under the authority of section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351). ‘‘(b) Nothing in subsection (a) shall affect the rates of duty or the customs or excise treatment of articles the growth, produce, or manufacture of any country other than Cuba. ‘‘(c) Subsection (a) shall not apply on or after the date on which the President proclaims that he has de- termined that Cuba is no longer dominated or con- trolled by the foreign government or foreign organiza- tion controlling the world Communist movement. ‘‘(d) The Act of December 17, 1903 (19 U.S.C. 124, 125), and section 316 of the Tariff Act of 1930, as amended (19 U.S.C. 1316), both relating to the implementation of the treaty with Cuba concluded on December 11, 1902, shall not apply during the period during which subsection (a) applies.’’ CONGRESSIONAL APPROVAL OR DISAPPROVAL OF GENERAL AGREEMENT ON TARIFFS AND TRADE Pub. L. 85–686, § 10, Aug. 20, 1958, 72 Stat. 680, provided that: ‘‘The enactment of this Act [enacting section 1335 of this title, amending sections 1333, 1336, 1337, 1351, 1352a, 1360 and 1364 of this title, and enacting notes set out under sections 1351 and 1352 of this title] 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.’’ REDUCTION OF PROTECTION RESULTING FROM 1956 AMENDMENTS Act Aug. 2, 1956, ch. 887, § 2(e), 70 Stat. 946, provided that: ‘‘In any action relating to tariff adjustments by executive action, including action taken pursuant to section 350 of the Tariff Act of 1930, as amended [this section] the United States Tariff Commission [now United States International Trade Commission] and each officer of the executive branch of the Government concerned shall give full consideration to any reduc- tion in the level of tariff protection which has resulted or is likely to result from the amendment of section 402 of the Tariff Act of 1930 made by this Act [sections 1401a and 1402 of this title].’’ Section 2(e) of act Aug. 2, 1956, effective only as to ar- ticles entered, or withdrawn from warehouse, for con- sumption on or after thirtieth day following publica- tion of the final list provided for in section 6(a) of said act Aug. 2, 1956, set out in note under section 1402 of this title, see note set out under section 1401a of this title. COMMISSION ON FOREIGN ECONOMIC POLICY Act Aug. 7, 1953, ch. 348, title III, §§ 301–310, 67 Stat. 473–475, as amended by Pub. L. 89–554, § 8(a), Sept. 6, 1966, 80 Stat. 657, provided for the establishment of a Commission on Foreign Economic Policy to examine and report on the subjects of international trade and its enlargement consistent with a sound domestic econ- omy, our foreign economic policy, and the trade as- pects of our national security and total foreign policy, and to recommend appropriate policies and measures. The Commission was to submit a report on its findings within 60 days after the second session of the 83rd Con- gress was convened, and was to expire 90 days after the submission of its report to Congress. EXTENSION OF PRESIDENTIAL AUTHORITY For extensions of authority of President to enter into trade agreements under this section, up until close of Dec. 31, 1962, see notes under section 1352 of this title. Executive Documents ADMINISTRATION OF TRADE AGREEMENTS PROGRAM For provisions relating to the administration of the trade agreements program, see Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out as a note under section 2111 of this title. EXECUTIVE ORDER NO. 9832 Ex. Ord. No. 9832, Feb. 25, 1947, 12 F.R. 1363, revoked by Ex. Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851. EXECUTIVE ORDER NO. 10004 Ex. Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851, superseded by Ex. Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105. EXECUTIVE ORDER NO. 10082 Ex. Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105, as amend- ed by Ex. Ord. No. 10170, Oct. 13, 1950, 15 F.R. 6901, which related to administrative procedures for reciprocal trade-agreements program, was revoked by Ex. Ord. No. 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].’’