7 U.S.C. § 1854 — Agreements limiting imports

Page 1048 TITLE 7—AGRICULTURE § 1854 451 of Pub. L. 103–465, set out as an Effective Date note under section 3601 of Title 19, Customs Duties. § 1854. Agreements limiting imports The President may, whenever he determines such action appropriate, negotiate with rep- resentatives of foreign governments in an effort to obtain agreements limiting the export from such countries and the importation into the United States of any agricultural commodity or product manufactured therefrom or textiles or textile products, and the President is authorized to issue regulations governing the entry or with- drawal from warehouse of any such commodity, product, textiles, or textile products to carry out any such agreement. In addition, if a multi- lateral agreement, including but not limited to the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of title 19, has been or is concluded under the authority of this section among countries accounting for a significant part of world trade in the articles with respect to which the agreement was concluded, the President may also issue, in order to carry out such agreement, regulations governing the entry or withdrawal from warehouse of the same articles which are the products of countries not parties to the agreement, or countries to which the United States does not apply the agreement. Nothing herein shall affect the authority pro- vided under section 624 of this title. (May 28, 1956, ch. 327, title II, § 204, 70 Stat. 200; Pub. L. 87–488, June 19, 1962, 76 Stat. 104; Pub. L. 103–465, title III, § 332, Dec. 8, 1994, 108 Stat. 4947; Pub. L. 104–295, § 20(c)(8), Oct. 11, 1996, 110 Stat. 3528.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–295 made technical amendment to reference in original act which appears in text as ref- erence to section 3511(d)(4) of title 19. 1994—Pub. L. 103–465 amended second sentence gen- erally. Prior to amendment, second sentence read as follows: ‘‘In addition, if a multilateral agreement has been or shall be concluded under the authority of this section among countries accounting for a significant part of world trade in the articles with respect to which the agreement was concluded, the President may also issue, in order to carry out such an agreement, regula- tions governing the entry or withdrawal from ware- house of the same articles which are the products of countries not parties to the agreement.’’ 1962—Pub. L. 87–488 authorized President to issue reg- ulations governing entry or withdrawal from ware- house of articles which are products of countries not parties to a multilateral agreement respecting such ar- ticles. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with re- spect to the United States (Jan. 1, 1995), see section 335 of Pub. L. 103–465, set out as an Effective Date note under section 3591 of Title 19, Customs Duties. Executive Documents EX. ORD. NO. 11539. DELEGATIONS OF AUTHORITY CONCERNING CERTAIN MEATS Ex. Ord. No. 11539, June 30, 1970, 35 F.R. 10733, as amended by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, provided: By virtue of the authority vested in me by section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854), and section 301 of title 3 of the United States Code and as President of the United States, it is or- dered as follows: SECTION 1. The United States Trade Representative, with the concurrence of the Secretary of Agriculture and the Secretary of State, is authorized to negotiate bilateral agreements with representatives of govern- ments of foreign countries limiting the export from the respective countries and the importation into the United States of— (1) fresh, chilled, or frozen cattle meat, (2) fresh, chilled, or frozen meat of goats and sheep (except lambs), and (3) prepared and preserved beef and veal (except sau- sage) if articles are prepared, whether fresh, chilled, or frozen, but not otherwise preserved, that are the prod- ucts of such countries. SEC. 2. The Secretary of Agriculture, with the concur- rence of the Secretary of State and the Special Rep- resentative for Trade Negotiations [United States Trade Representative], is authorized to issue regula- tions governing the entry or withdrawal from ware- house for consumption in the United States of any such meats to carry out any such agreement. SEC. 3. The Commissioner of Customs shall take such actions and supply such information to the Secretary of Agriculture with respect to entry or withdrawal from warehouse for consumption in the United States of such meats as the Secretary of Agriculture, with the Concurrence of the Secretary of State and the Special Representative for Trade Negotiations [United States Trade Representative], may request to carry out any such agreements or regulations. SEC. 4. Heads of departments and heads of agencies are hereby authorized to redelegate within their re- spective departments or agencies the functions herein assigned to them, except that the function of negoti- ating agreements delegated to the United States Trade Representative by section 1 and the function of issuing regulations delegated to the Secretary of Agriculture by section 2 of this order may be redelegated only to of- ficials required to be appointed by and with the advice and consent of the Senate, as provided by 3 U.S.C. 301. EX. ORD. NO. 11651. TEXTILE TRADE AGREEMENTS Ex. Ord. No. 11651, Mar. 3, 1972, 37 F.R. 4699, as amend- ed by Ex. Ord. No. 11951, Jan. 6, 1977, 42 F.R. 1453; Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, provided: By virtue of the authority vested in me by Section 204 of the Agricultural Act of 1956 (76 Stat. 104), as amended (7 U.S.C. 1854), and 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. (a) The Committee for the Implementation of Textile Agreements (hereinafter referred to as the Committee), consisting of representatives of the De- partments of State, the Treasury, Commerce, and Labor, with the representative of the Department of Commerce as Chairman, is hereby established to super- vise the implementation of all textile trade agree- ments. It shall be located for administrative purposes in the Department of Commerce. The United States Trade Representative, or his designee, also shall be a member of the Committee. (b) Except as provided in subsection (c) of this sec- tion, the Chairman of the Committee, after notice to the representatives of the other member agencies, shall take such actions or shall recommend that appropriate officials or agencies of the United States take such ac- tions as may be necessary to implement each such tex- tile trade agreement: Provided, however, that if a ma- jority of the voting members of the Committee have objected to such action within ten days of receipt of no- tice from the Chairman, such action shall not be taken except as may otherwise be authorized. (c) To the extent authorized by the President and by such officials as the President may from time to time designate, the Committee shall take appropriate ac- Page 1049 TITLE 7—AGRICULTURE § 1855 tions concerning textiles and textile products under Section 204 of the Agricultural Act of 1956, as amended [this section], and Articles 3 and 8 of the Arrangement Regarding International Trade in Textiles done at Ge- neva on December 20, 1973, and with respect to any other matter affecting textile trade policy. SEC. 2. (a) The Commissioner of Customs shall take such actions as the Committee, acting through its Chairman, shall recommend to carry out all agree- ments and arrangements entered into by the United States pursuant to Section 204 of the Agricultural Act of 1956, as amended [this section], with respect to entry, or withdrawal from warehouse, for consumption in the United States of textiles and textile products. (b) Under instructions approved by the Committee, the Secretary of State shall designate the Chairman of the United States delegation to all negotiations and consultations with foreign governments undertaken with respect to the implementation of textile trade agreements pursuant to this Order. The Secretary of State shall make such representations to foreign gov- ernments, including the presentation of diplomatic notes and other communications, as may be necessary to carry out this Order. SEC. 3. Executive Order No. 11052 of September 28, 1962, as amended, and Executive Order No. 11214 of April 7, 1965, are hereby superseded. Directives issued there- under to the Commissioner of Customs shall remain in full force and effect in accordance with their terms until modified pursuant to this Order. SEC. 4. This Order shall be effective upon its publica- tion in the FEDERAL REGISTER. EX. ORD. NO. 11851. DELEGATION OF AUTHORITY TO ISSUE REGULATIONS LIMITING IMPORTS OF CERTAIN CHEESES Ex. Ord. No. 11851, April 10, 1975, 40 F.R. 16645, pro- vided: By virtue of the authority vested in me by section 204 of the Agricultural Act of 1956, as amended (7 U.S.C. 1854), and section 301 of Title 3 of the United States Code, and as President of the United States, it is or- dered as follows: SECTION 1. The Secretary of the Treasury, with the concurrence of the Secretary of State and the Special Representative for Trade Negotiations [now United States Trade Representative], in order to implement an agreement concluded in December 1974 with the Com- mission of the European Communities designed to pre- vent the transshipment to the United States of certain cheeses on which restitution payments have been made, is authorized to issue regulations: (a) to prevent the importation into the Customs Ter- ritory of the United States, except for the Common- wealth of Puerto Rico, of certain cheeses, originating in member states of the European Communities, upon which restitution payments have been made for export to (1) Puerto Rico, the Virgin Islands, other United States possessions and territories or (2) any country other than the United States; (b) to prevent the importation of such cheeses into the Commonwealth of Puerto Rico if such cheeses are imported into the Commonwealth of Puerto Rico for transshipment to other areas of the Customs Territory of the United States. SEC. 2. Heads of departments and heads of agencies are hereby authorized to redelegate within their re- spective departments or agencies the functions herein assigned to them, except that the function of issuing regulations delegated to the Secretary of the Treasury by Section 1 of this order may be redelegated only to officials required to be appointed by and with the ad- vice and consent of the Senate, as provided by 3 U.S.C. 301. GERALD R. FORD. EX. ORD. NO. 12475. TEXTILE IMPORT PROGRAM IMPLEMENTATION Ex. Ord. No. 12475, May 9, 1984, 49 F.R. 19955, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 204 of the Agricultural Act of 1956, as amended (76 Stat. 104, 7 U.S.C. 1854), and Section 301 of Title 3 of the United States Code, and in order to pre- vent circumvention or frustration of multilateral and bilateral agreements to which the United States is a party and to facilitate efficient and equitable adminis- tration of the United States Textile Import Program, it is hereby ordered as follows: SECTION 1. (a) In accordance with policy guidance pro- vided by the Committee for the Implementation of Tex- tile Agreements (CITA), through its Chairman, in ac- cordance with the provisions of Executive Order No. 11651, as amended [set out above], the Secretary of the Treasury shall issue regulations governing the entry or withdrawal from warehouse for consumption of textiles and textile products subject to Section 204 of the Act [7 U.S.C. 1854]. (b) Initial regulations promulgated under this section shall be promulgated no later than 120 days after the effective date of this order. (c) To the extent necessary to implement more effec- tively the United States textile program under Section 204, such regulations shall include: (i) clarifications in, or revisions to, the country of or- igin rules for textiles and textile products subject to Section 204 in order to avoid circumvention of multi- lateral and bilateral textile agreements; (ii) provisions governing withdrawals from a customs bonded warehouse of articles subject to this Order transformed, changed or manipulated in a warehouse after importation but prior to withdrawal for consump- tion; and (iii) any other provisions determined to be necessary for the effective and equitable administration of the Textile Import Program. (d) Any such regulations may also include provisions requiring importers to provide additional information and/or documentation on articles subject to this order which are determined to be necessary for the effective and equitable administration of the Textile Import Program. SEC. 2. (a) The Commissioner of Customs shall estab- lish Textile and Apparel Task Force (the Task Force) within the United States Customs Service to coordi- nate enforcement of regulations concerning importa- tion under the Textile Import Program. (b) CITA, through its Chairman, shall, in accordance with the provisions of Executive Order No. 11651, as amended [set out above], provide information and rec- ommendations to the Task Force, through the Depart- ment of the Treasury, on implementation and adminis- tration of the Textile Import Program. (c) The Department of Treasury shall, to the extent practicable, inform the Chairman of CITA of the progress of all investigations concerning textile im- ports; provide notice to CITA of all requests for rulings on matters that could reasonably be expected to affect the implementation of the Textile Import Program; and take into consideration any comments on such re- quests that CITA, through its Chairman, timely sub- mits. SEC. 3. This order supplements, but does not super- sede or amend, Executive Order No. 11651 of March 3, 1972, as amended [set out above]. SEC. 4. This order shall be effective upon its publica- tion in the Federal Register. RONALD REAGAN. § 1855. Supplemental appropriations to encour- age exportation and domestic consumption of agricultural products There is hereby authorized to be appropriated for each fiscal year, beginning with the fiscal year ending June 30, 1957, the sum of $500,000,000 to enable the Secretary of Agriculture to fur- ther carry out the provisions of section 612c of this title, subject to all provisions of law relat- ing to the expenditure of funds appropriated by