19 U.S.C. § 2033 — Applicability of antidumping provisions

Page 456 TITLE 19—CUSTOMS DUTIES §§ 2022, 2023 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 301 of the Trade Expansion Act of 1962, re- ferred to in text, was classified to section 1901 of this title and was repealed by Pub. L. 93–618, title VI, § 602(d), (e), Jan. 3, 1975, 88 Stat. 2072. See section 2251 et seq. of this title. Section 2012 of this title, referred to in text, was omitted from the Code. CODIFICATION The words ‘‘subject to section 2022 of this title’’ omit- ted in view of the omission of section 2022 of this title, which provided special authority after Oct. 21, 1965, and before July 1, 1968, for filing of petitions for determina- tion by the President of eligibility to apply for adjust- ment assistance. §§ 2022, 2023. Omitted Editorial Notes CODIFICATION Section 2022, Pub. L. 89–283, title III, § 302, Oct. 21, 1965, 79 Stat. 1018; Pub. L. 95–598, title III, § 316, Nov. 6, 1978, 92 Stat. 2678, set forth procedures for Presidential certification of petitions filed by firms or group of workers for determination of eligibility to apply for ad- justment assistance after the 90th day after Oct. 21, 1965, and before July 1, 1968. See section 2021 of this title for general authority for filing of petition. Section 2023, Pub. L. 89–283, title III, § 303, Oct. 21, 1965, 79 Stat. 1021, required the President, at the time he transmits an agreement under section 2012(d)(1) of this title, to recommend legislation concerning adjust- ment assistance to firms and workers in light of the an- ticipated economic impact of the reduction of duties provided for by such agreement. § 2024. Authorization of appropriations There are hereby authorized to be appro- priated such sums as may be necessary from time to time to carry out the provisions of this subchapter, which sums are authorized to be ap- propriated to remain available until expended. (Pub. L. 89–283, title III, § 304, Oct. 21, 1965, 79 Stat. 1021.) SUBCHAPTER IV—GENERAL PROVISIONS § 2031. Authorities; delegation of functions; rules and regulations The head of any agency performing functions authorized by this chapter may— (1) authorize the head of any other agency to perform any of such functions; and (2) prescribe such rules and regulations as may be necessary to perform such functions. (Pub. L. 89–283, title V, § 501, Oct. 21, 1965, 79 Stat. 1025.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 89–283, Oct. 21, 1965, 79 Stat. 1016. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of this title and Tables. § 2032. Annual report to Congress The President shall submit to the Congress an annual report on the implementation of this chapter. Such report shall include information regarding new negotiations, reductions or elimi- nations of duties, reciprocal concessions ob- tained, and other information relating to activi- ties under this chapter. Such report shall also include information providing an evaluation of the Agreement and this chapter in relation to the total national interest, and specifically shall include, to the extent practicable, information with respect to— (1) the production of motor vehicles and motor vehicle parts in the United States and Canada. (2) the retail prices of motor vehicles and motor vehicle parts in the United States and Canada. (3) employment in the motor vehicle indus- try and motor vehicle parts industry in the United States and Canada, and (4) United States and Canadian trade in motor vehicles and motor vehicle parts, par- ticularly trade between the United States and Canada. (Pub. L. 89–283, title V, § 502, Oct. 21, 1965, 79 Stat. 1025.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 89–283, Oct. 21, 1965, 79 Stat. 1016. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of this title and Tables. Executive Documents EX. ORD. NO. 12713. DELEGATION OF AUTHORITY FOR SUBMISSION OF REPORT Ex. Ord. No. 12713, May 1, 1990, 55 F.R. 18719, provided: By the authority vested in me as President by the Constitution and laws of the United States of America, including the Automotive Products Trade Act of 1965 (19 U.S.C. 2001 et seq.) (‘‘Act’’), and in order to provide for the submission to the Congress of the annual report required by section 502 of the Act (19 U.S.C. 2032), it is hereby ordered that authority for submission of the re- port is delegated to the Secretary of Commerce. GEORGE BUSH. § 2033. Applicability of antidumping provisions and antitrust laws Nothing contained in this chapter shall be construed to affect or modify the provisions of subtitle B of title VII of the Tariff Act of 1930 [19 U.S.C. 1673 et seq.] or of any of the antitrust laws as designated in section 12 of title 15. (Pub. L. 89–283, title V, § 503, Oct. 21, 1965, 79 Stat. 1026; Pub. L. 96–39, title I, § 106(b)(2), July 26, 1979, 93 Stat. 193.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 89–283, Oct. 21, 1965, 79 Stat. 1016. For complete classification of this Act to the Code, see Short Title note set out under section 2001 of this title and Tables. The Tariff Act of 1930, referred to in text, is act June 17, 1930, ch. 497, 46 Stat. 590. Subtitle B of title VII of the Tariff Act of 1930 is classified generally to part II Page 457 TITLE 19—CUSTOMS DUTIES § 2052 of subtitle IV (§ 1673 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables. AMENDMENTS 1979—Pub. L. 96–39 substituted ‘‘subtitle B of title VII of the Tariff Act of 1930’’ for ‘‘the Anti-Dumping Act, 1921,’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 107 of Pub. L. 96–39, set out as an Effective Date note under section 1671 of this title. CHAPTER 9—VISUAL AND AUDITORY MATE- RIALS OF EDUCATIONAL, SCIENTIFIC, AND CULTURAL CHARACTER Sec. 2051. Implementation of the Agreement; executive designation and duty of Federal agencies. 2052. Assistance from other Federal agencies; fa- cilities and personnel. § 2051. Implementation of the Agreement; execu- tive designation and duty of Federal agen- cies The President of the United States is author- ized to designate a Federal agency or agencies which shall be responsible for carrying out the provisions of the Agreement for Facilitating the International Circulation of Visual and Audi- tory Materials of an Educational, Scientific, and Cultural Character and a related protocol of sig- nature, opened for signature at Lake Success on July 15, 1949 (hereinafter in this chapter referred to as the ‘‘Agreement’’). It shall be the duty of the Federal agency or agencies so designated to take appropriate measures for the carrying out of the provisions of the Agreement including the issuance of regulations. In carrying out this sec- tion, such Federal agency or agencies may not consider visual or auditory material to fail to qualify as being of international educational character— (1) because it advocates a particular position or viewpoint, whether or not it presents or ac- knowledges opposing viewpoints; (2) because it might lend itself to misinter- pretation, or to misrepresentation of the United States or other countries, or their peo- ple or institutions; (3) because it is not representative, authen- tic, or accurate or does not represent the cur- rent state of factual knowledge of a subject or aspect of a subject unless the material con- tains widespread and gross misstatements of fact; (4) because it does not augment inter- national understanding and goodwill, unless its primary purpose or effect is not to instruct or inform through the development of a sub- ject or an aspect of a subject and its content is not such as to maintain, increase, or diffuse knowledge; or (5) because in the opinion of the agency the material is propaganda. Such Federal agency or agencies may not label as propaganda any material that receives a cer- tificate of international educational character under this section and the Agreement. (Pub. L. 89–634, § 1, Oct. 8, 1966, 80 Stat. 879; Pub. L. 102–138, title II, § 207, Oct. 28, 1991, 105 Stat. 693.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–138 inserted provisions at end lim- iting the authority of a Federal agency or agencies to fail to qualify visual or auditory material as being of international educational character and providing that any material that receives a certificate of inter- national educational character not be labeled as propa- ganda. Executive Documents EX. ORD. NO. 11311. IMPLEMENTATION OF BEIRUT AGREEMENT RELATING TO AUDIO-VISUAL MATERIALS Ex. Ord. No. 11311, Oct. 14, 1966, 31 F.R. 13413, pro- vided: By virtue of the authority vested in me as President of the United States, including the provisions of the Joint Resolution of October 8, 1966, Public Law 89–634 [this chapter and amendment to section 1202 of this title], and section 301 of Title 3 of the United States Code, I hereby order and proclaim that— 1. Pursuant to section 3(b) of the Joint Resolution, the amendments to the Tariff Schedules of the United States made by section 3(a) of the Joint Resolution shall apply with respect to articles entered, or with- drawn from warehouse, for consumption, on and after January 1, 1967. 2. Pursuant to the ‘‘Agreement for Facilitating the International Circulation of Visual and Auditory Mate- rials of an Educational, Scientific and Cultural Char- acter’’, made at Beirut in 1948, the Joint Resolution, and headnote 1 to schedule 8, part 6 of the Tariff Sched- ules of the United States, the United States Informa- tion Agency is hereby designated as the agency to carry out the provisions of the Agreement and related protocol, and to make any determinations and to pre- scribe any regulations required by headnote 1. LYNDON B. JOHNSON. [For abolition of United States Information Agency (other than Broadcasting Board of Governors and Inter- national Broadcasting Bureau), transfer of functions, and treatment of references thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign Relations and Inter- course.] § 2052. Assistance from other Federal agencies; facilities and personnel Agencies of the Federal Government are au- thorized to furnish facilities and personnel for the purpose of assisting the agency or agencies designated by the President in carrying out the provisions of the Agreement. (Pub. L. 89–634, § 2, Oct. 8, 1966, 80 Stat. 879.) CHAPTER 10—CUSTOMS SERVICE Sec. 2071. Establishment of Service; Commissioner; ap- pointment. 2072. Officers and employees. 2073. Transfer of personnel, etc., to Service. 2074. Establishment of revolving fund. 2075. Appropriations authorization. 2076. Advances in foreign countries. 2077. Advances for enforcement of customs provi- sions. 2078. Certification of reason for advance. 2079. Payments in foreign countries; claims for re- imbursement. 2080. Advances from available appropriations; rules and regulations.