19 U.S.C. § 1323 — Conservation of fishery resources

Page 103 TITLE 19—CUSTOMS DUTIES § 1323 [amending this section] shall apply with respect to ar- ticles arriving in the United States on or after October 1, 1965.’’ EFFECTIVE DATE OF 1961 AMENDMENT Pub. L. 87–261, § 2(d), Sept. 21, 1961, 75 Stat. 541, pro- vided that: ‘‘The amendments made by subsections (a), (b), and (c) [amending this section and former section 1201 of this title] shall apply with respect to persons ar- riving in the United States on or after the 30th day after the date of the enactment of this Act [Sept. 21, 1961].’’ EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION Amendment by act Aug. 8, 1953, effective on and after thirtieth day following Aug. 8, 1953, and savings provi- sion, see notes set out under section 1304 of this title. EFFECTIVE DATE Section effective on thirtieth day following June 25, 1938, except as otherwise specifically provided, see sec- tion 37 of act June 25, 1938, set out as an Effective Date of 1938 Amendment note under section 1401 of this title. § 1322. International traffic and rescue work; United States-Mexico Boundary Treaty of 1970 (a) Vehicles and other instruments of inter- national traffic except communications sat- ellites Vehicles and other instruments of inter- national traffic, of any class specified by the Secretary of the Treasury, shall be excepted from the application of the customs laws to such extent and subject to such terms and conditions as may be prescribed in regulations or instruc- tions of the Secretary of the Treasury. The au- thority delegated to the Secretary by this sub- section shall not extend to communications sat- ellites and components and parts thereof. (b) Rescue and relief equipment; personal prop- erty related to use of land under United States-Mexico Boundary Treaty of 1970; for- feit of articles to United States The Secretary of the Treasury may provide by regulation or instruction for the admission, without entry and without the payment of any duty or tax imposed upon or by reason of impor- tation, of— (1) aircraft, equipment, supplies, and spare parts for use in searches, rescues, investiga- tions, repairs, and salvage in connection with accidental damage to aircraft; (2) fire-fighting and rescue and relief equip- ment and supplies for emergent temporary use in connection with conflagrations; (3) rescue and relief equipment and supplies for emergent temporary use in connection with floods and other disasters; and (4) personal property related to the use and enjoyment of a separated tract of land as de- scribed in article III of the Treaty To Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado Rivers as the International Boundary between the United States of America and the United Mexican States signed on November 23, 1970. Any articles admitted under the authority of this subsection and used otherwise than for a purpose herein expressed, or not exported in such time and manner as may be prescribed in the regulations or instructions herein author- ized, shall be forfeited to the United States. (June 17, 1930, ch. 497, title III, § 322, as added Aug. 8, 1953, ch. 397, § 14, 67 Stat. 516; amended Pub. L. 92–549, title I, § 107, Oct. 25, 1972, 86 Stat. 1162; Pub. L. 98–573, title I, §§ 124(c), 127(b), Oct. 30, 1984, 98 Stat. 2959.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–573, § 127(b), substituted ‘‘excepted’’ for ‘‘granted the customary exceptions’’. Pub. L. 98–573, § 124(c), inserted ‘‘The authority dele- gated to the Secretary by this subsection shall not ex- tend to communications satellites and components and parts thereof.’’ 1972—Pub. L. 92–549, § 107(a), inserted ‘‘United States- Mexico Boundary Treaty of 1970’’ in section catchline. Subsec. (b)(4). Pub. L. 92–549, § 107(b), added cl. (4). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–573, title I, § 195(a), (b), (d), Oct. 30, 1984, 98 Stat. 2972, provided that: ‘‘(a) Except as provided in section 126 and in sub- sections (b) and (c), the amendments made by subtitles B, C, and D [amending this section and sections 1202 and 1504 of this title] shall apply with respect to arti- cles entered on or after the 15th day after the date of the enactment of this Act [Oct. 30, 1984]. ‘‘(b)(1) The amendment made by sections 117 and 124 [amending this section] shall apply with respect to ar- ticles entered on or after January 1, 1985. ‘‘(2) The amendments made by section 127 [amending this section] shall apply with respect to articles en- tered on or after a date to be proclaimed by the Presi- dent which shall be consonant with the entering into force for the United States of the Customs Convention on Containers, 1972. ‘‘(d) For purposes of this section— ‘‘(1) The term ‘entered’ means entered, or with- drawn from warehouse for consumption in the cus- toms territory of the United States. ‘‘(2) The term ‘entry’ includes any withdrawal from warehouse.’’ EFFECTIVE DATE Section effective on and after thirtieth day following Aug. 8, 1953, see note set out under section 1304 of this title. § 1323. Conservation of fishery resources Upon the convocation of a conference on the use or conservation of international fishery re- sources, the President shall, by all appropriate means at his disposal, seek to persuade coun- tries whose domestic fishing practices or poli- cies affect such resources, to engage in negotia- tions in good faith relating to the use or con- servation of such resources. If, after such efforts by the President and by other countries which have agreed to engage in such negotiations, any other country whose conservation practices or policies affect the interests of the United States and such other countries, has, in the judgment of the President, failed or refused to engage in such negotiations in good faith, the President may, if he is satisfied that such action is likely to be effective in inducing such country to en- gage in such negotiations in good faith, increase the rate of duty on any fish (in any form) which Page 104 TITLE 19—CUSTOMS DUTIES § 1330 1 So in original. Probably should not be capitalized. is the product of such country, for such time as he deems necessary, to a rate not more than 50 percent above the rate existing on July 1, 1934. (June 17, 1930, ch. 497, title III, § 323, as added Pub. L. 87–794, title II, § 257(i), Oct. 11, 1962, 76 Stat. 883.) PART II—UNITED STATES INTERNATIONAL TRADE COMMISSION § 1330. Organization of Commission (a) Membership The United States International Trade Com- mission (referred to in this subtitle as the ‘‘Commission’’) shall be composed of six com- missioners who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. No person shall be eligible for appoint- ment as a commissioner unless he is a citizen of the United States, and, in the judgment of the President, is possessed of qualifications req- uisite for developing expert knowledge of inter- national trade problems and efficiency in ad- ministering the duties and functions of the Com- mission. A person who has served as a commis- sioner for more than 5 years (excluding service as a commissioner before January 3, 1975) shall not be eligible for reappointment as a commis- sioner. Not more than three of the commis- sioners shall be members of the same political party, and in making appointments members of different political parties shall be appointed al- ternately as nearly as may be practicable. (b) Terms of office The terms of office of the commissioners hold- ing office on January 3, 1975, which (but for this sentence) would expire on June 16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, shall expire on December 16, 1976, June 16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and June 16, 1984, respec- tively. The term of office of each commissioner appointed after such date shall expire 9 years from the date of the expiration of the term for which his predecessor was appointed, except that— (1) any commissioner appointed to fill a va- cancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and (2) any commissioner may continue to serve as a commissioner after an expiration of his term of office until his successor is appointed and qualified. (c) Chairman and vice chairman; quorum (1) The chairman and the vice chairman of the Commission shall be designated by the Presi- dent from among the members of the Commis- sion not ineligible, under paragraph (3), for des- ignation. The President shall notify the Con- gress of his designations under this paragraph. If, as of the date on which a term begins under paragraph (2), the President has not designated the chairman of the Commission for such term, the Commissioner 1 who, as of such date— (A) is a member of a different political party than the chairman of the Commission for the immediately preceding term, and (B) has the longest period of continuous service as a commissioner, shall serve as chairman of the Commission for the portion of such term preceding the date on which an individual designated by the President takes office as chairman. (2) After June 16, 1978, the terms of office for the chairman and vice chairman of the Commis- sion shall be as follows: (A) The first term of office occurring after such date shall begin on June 17, 1978, and end at the close of June 16, 1980. (B) Each term of office thereafter shall begin on the day after the closing date of the imme- diately preceding term of office and end at the close of the 2-year period beginning on such day. (3)(A) The President may not designate as the chairman of the Commission for any term any commissioner who is a member of the political party of which the chairman of the Commission for the immediately preceding term is a mem- ber, or who has less than 1 year of continuous service as a commissioner as of the date such designation is being made. (B) The President may not designate as the vice chairman of the Commission for any term any commissioner who is a member of the polit- ical party of which the chairman for that term is a member. (C) If any commissioner does not complete a term as chairman or vice chairman by reason of death, resignation, removal from office as a commissioner, or expiration of his term of office as a commissioner, the President shall designate as the chairman or vice chairman, as the case may be, for the remainder of such term a com- missioner who is a member of the same political party. Designation of a chairman under this sub- paragraph may be made without regard to the 1- year continuous service requirement under sub- paragraph (A). (4) The vice chairman shall act as chairman in case of the absence or disability of the chair- man. During any period in which there is no chairman or vice chairman, the commissioner having the longest period of continuous service as a commissioner shall act as chairman. (5) No commissioner shall actively engage in any business, vocation, or employment other than that of serving as a commissioner. (6) A majority of the commissioners in office shall constitute a quorum, but the Commission may function notwithstanding vacancies. (d) Effect of divided vote in certain cases (1) In a proceeding in which the Commission is required to determine— (A) under section 2252 of this title, whether increased imports of an article are a substan- tial cause of serious injury, or the threat thereof, as described in subsection (b)(1) of that section (hereafter in this subsection re- ferred to as ‘‘serious injury’’), or (B) under section 2436 of this title, whether market disruption exists. and the commissioners voting are equally di- vided with respect to such determination, then