19 U.S.C. § 1360 — Investigation before trade negotiations

Page 134 TITLE 19—CUSTOMS DUTIES § 1356l from any member of the International Coffee Organization of coffee which is not accom- panied either by a valid certificate of origin, a valid certificate of reexport, a valid certificate of reshipment, or a valid certificate of transit, issued by a qualified agency in such form as required under the agreement; (2) to require that every export or reexport of coffee from the United States shall be ac- companied by a valid certificate of origin or a valid certificate of reexport, issued by a quali- fied agency of the United States designated by him, in such form as required under the agree- ment; (3) to require the keeping of such records, statistics, and other information, and the ren- dering of such reports, relating to the impor- tation, distribution, prices, and consumption of coffee as he may from time to time pre- scribe; and (4) to take such other action, and issue and enforce such rules and regulations, as he may consider necessary or appropriate in order to implement the obligations of the United States under the agreement. (Pub. L. 96–599, § 2, Dec. 24, 1980, 94 Stat. 3491; Pub. L. 97–276, § 161, Oct. 2, 1982, 96 Stat. 1204; Pub. L. 97–446, § 154, Jan. 12, 1983, 96 Stat. 2345; Pub. L. 98–120, § 1, Oct. 12, 1983, 97 Stat. 809; Pub. L. 100–418, title I, § 1123(a), Aug. 23, 1988, 102 Stat. 1146.) Editorial Notes REFERENCES IN TEXT The International Coffee Agreement, 1983, referred to in text, was entered into force for the United States provisionally Oct. 1, 1983, and definitively Sept. 11, 1985. CODIFICATION Section was enacted as part of the International Cof- fee Agreement Act of 1980, and not as part of the Tariff Act of 1930 which comprises this chapter. AMENDMENTS 1988—Pub. L. 100–418 substituted ‘‘October 1, 1989’’ for ‘‘October 1, 1986’’. 1983—Pub. L. 98–120 in provisions preceding par. (1) substituted ‘‘, 1983’’ for ‘‘1976’’ and ‘‘before October 1, 1986’’ for ‘‘for such period prior to October 1, 1983 as the agreement remains in effect’’. Pub. L. 97–446 substituted ‘‘October 1, 1983’’ for ‘‘the expiration of this joint resolution’’. 1982—Pub. L. 97–276 substituted ‘‘the expiration of this joint resolution’’ for ‘‘October 1, 1982’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–418, title I, § 1123(b), Aug. 23, 1988, 102 Stat. 1146, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect January 1, 1987.’’ SHORT TITLE Pub. L. 96–599, § 1, Dec. 24, 1980, 94 Stat. 3491, provided that: ‘‘This Act [enacting this section and sections 1356l to 1356n of this title] may be cited as the ‘International Coffee Agreement Act of 1980’.’’ § 1356l. ‘‘Coffee’’ defined As used in this section and section 1356k of this title, the term ‘‘coffee’’ means coffee as de- fined in article 3 of the International Coffee Agreement, 1983. (Pub. L. 96–599, § 3, Dec. 24, 1980, 94 Stat. 3491; Pub. L. 98–120, § 1(1), Oct. 12, 1983, 97 Stat. 809.) Editorial Notes CODIFICATION Section was enacted as part of the International Cof- fee Agreement Act of 1980, and not as part of the Tariff Act of 1930 which comprises this chapter. AMENDMENTS 1983—Pub. L. 98–120 substituted ‘‘, 1983’’ for ‘‘1976’’. §§ 1356m, 1356n. Repealed. Pub. L. 105–362, title XIV, § 1401(a), Nov. 10, 1998, 112 Stat. 3294 Section 1356m, Pub. L. 96–599, § 4, Dec. 24, 1980, 94 Stat. 3492, related to delegation of Presidential powers and duties, protection of interests of United States con- sumers, and remedial action with respect to the Inter- national Coffee Agreement Act of 1980. Section 1356n, Pub. L. 96–599, § 5, Dec. 24, 1980, 94 Stat. 3492; Pub. L. 98–120, § 1(1), Oct. 12, 1983, 97 Stat. 809, re- lated to annual report by the President to Congress on the International Coffee Agreement, 1983. §§ 1357 to 1359. Repealed. Sept. 26, 1949, ch. 585, § 2, 63 Stat. 698 Sections, act June 26, 1948, ch. 678, §§ 3(a), (b), 4, 5, 62 Stat. 1053, 1054, related to the investigatory functions of the Tariff Commission and the report by the Presi- dent to Congress. § 1360. Investigation before trade negotiations (a) Report by International Trade Commission Before entering into negotiations concerning any proposed foreign trade agreement under sec- tion 1351 of this title, the President shall furnish the United States International Trade Commis- sion (hereinafter in sections 1352(a), (c), 1354, and 1360 to 1367 of this title, and section 624(b) of title 7, referred to as the ‘‘Commission’’) with a list of all articles imported into the United States to be considered for possible modification of duties and other import restrictions, imposi- tion of additional import restrictions, or con- tinuance of existing customs or excise treat- ment. Upon receipt of such list the Commission shall make an investigation and report to the President the findings of the Commission with respect to each such article as to (1) the limit to which such modification, imposition, or con- tinuance may be extended in order to carry out the purpose of said section without causing or threatening serious injury to the domestic in- dustry producing like or directly competitive articles; and (2) if increases in duties or addi- tional import restrictions are required to avoid serious injury to the domestic industry pro- ducing like or directly competitive articles the minimum increases in duties or additional im- port restrictions required. Such report shall be made by the Commission to the President not later than six months after the receipt of such list by the Commission. No such foreign trade agreement shall be entered into until the Com- mission has made its report to the President or until the expiration of the six-month period. (b) Procedures and determinations (1) In the course of any investigation pursuant to this section the Commission shall hold hear- Page 135 TITLE 19—CUSTOMS DUTIES §§ 1362 to 1365 ings and give reasonable public notice thereof, and shall afford reasonable opportunity for par- ties interested to be present, to produce evi- dence, and to be heard at such hearings. If in the course of any such investigation the Commis- sion shall find with respect to any article on the list upon which a tariff concession has been granted that an increase in duty or additional import restriction is required to avoid serious injury to the domestic industry producing like or directly competitive articles, the Commission shall promptly institute an investigation with respect to that article pursuant to section 1364 of this title. (2) In each such investigation the Commission shall, to the extent practicable and without ex- cluding other factors, ascertain for the last cal- endar year preceding the investigation the aver- age invoice price on a country-of-origin basis (converted into currency of the United States in accordance with the provisions of section 5151 of title 31) at which the foreign article was sold for export to the United States, and the average prices at which the like or directly competitive domestic articles were sold at wholesale in the principal markets of the United States. The Commission shall also, to the extent prac- ticable, estimate for each article on the list the maximum increase in annual imports which may occur without causing serious injury to the domestic industry producing like or directly competitive articles. The Commission shall re- quest the executive departments and agencies for information in their possession concerning prices and other economic data from the prin- cipal supplier foreign country of each such arti- cle. (June 16, 1951, ch. 141, § 3(a), (b), 65 Stat. 72; Pub. L. 85–686, § 4, Aug. 20, 1958, 72 Stat. 675; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.) Editorial Notes REFERENCES IN TEXT Sections 1362 to 1365 of this title, included in the ref- erence in subsec. (a) to sections 1360 to 1367 of this title, were repealed by Pub. L. 87–749, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882; section 1367 of this title was re- pealed by Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78. CODIFICATION Section was not enacted as part of the Tariff Act of 1930 which comprises this chapter. Section is comprised of subsecs. (a) and (b) of section 3 of act June 16, 1951. Subsec. (c) of the 1951 act amend- ed section 1354 of this title. In subsec. (b)(2), ‘‘section 5151 of title 31’’ was sub- stituted for ‘‘section 522 of the Tariff Act of 1930 [31 U.S.C. 372]’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1975—Subsec. (a). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘United States Trade Commission’’. 1958—Subsec. (a). Pub. L. 85–686, § 4(a), substituted ‘‘six months’’ for ‘‘120 days’’, and ‘‘six-month’’ for ‘‘120- day’’. Subsec. (b). Pub. L. 85–686, § 4(b), (c), redesignated ex- isting provisions as par. (1), inserted provision to re- quire the Commission to promptly institute an inves- tigation pursuant to section 1364 of this title when the Commission finds with respect to any article on the list upon which a tariff concession has been granted that an increase in duty or additional import restriction is re- quired to avoid serious injury to the domestic industry producing like or directly competitive articles, and added par. (2). § 1361. Action by President; reports to Congress (a) Transmittal by President of trade agreement and message to Congress Within thirty days after any trade agreement under section 1351 of this title has been entered into which, when effective, will (1) require or make appropriate any modification of duties or other import restrictions, the imposition of ad- ditional import restrictions, or the continuance of existing customs or excise treatment, which modification, imposition, or continuance will exceed the limit to which such modification, im- position, or continuance may be extended with- out causing or threatening serious injury to the domestic industry producing like or directly competitive articles as found and reported by the United States International Trade Commis- sion under section 1360 of this title, or (2) fail to require or make appropriate the minimum in- crease in duty or additional import restrictions required to avoid such injury, the President shall transmit to Congress a copy of such agree- ment together with a message accurately identi- fying the article with respect to which such lim- its or minimum requirements are not complied with, and stating his reasons for the action taken with respect to such article. If either the Senate or the House of Representatives, or both, are not in session at the time of such trans- mission, such agreement and message shall be filed with the Secretary of the Senate or the Clerk of the House of Representatives, or both, as the case may be. (b) Transmittal by Commission of copy of report to the President to Congressional committees Promptly after the President has transmitted such foreign trade agreement to Congress the Commission shall deposit with the Committee on Ways and Means of the House of Representa- tives, and the Committee on Finance of the Sen- ate, a copy of the portions of its report to the President dealing with the articles with respect to which such limits or minimum requirements are not complied with. (June 16, 1951, ch. 141, § 4, 65 Stat. 73; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.) Editorial Notes CODIFICATION Section was not enacted as part of the Tariff Act of 1930 which comprises this chapter. AMENDMENTS 1975—Subsec. (a). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘Tariff Commission’’. §§ 1362 to 1365. Repealed. Pub. L. 87–794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882 Section 1362, act June 16, 1951, ch. 141, § 5, 65 Stat. 73, related to suspension or withdrawal of concessions