19 U.S.C. § 2011 — Implementation of the Agreement

Page 453 TITLE 19—CUSTOMS DUTIES § 2011 to issue regulations governing the entry or with- drawal from warehouse of the article covered by such agreement. In addition, in order to carry out a multilateral agreement concluded under subsection (a) among countries accounting for a significant part of world trade in the article cov- ered by such agreement, the President is also authorized to issue regulations governing the entry or withdrawal from warehouse of the like article which is the product of countries not parties to such agreement. (Pub. L. 87–794, title III, § 352, Oct. 11, 1962, 76 Stat. 901; Pub. L. 93–618, title I, § 171(b), Jan. 3, 1975, 88 Stat. 2009.) Editorial Notes REFERENCES IN TEXT Section 1901 of this title, referred to in subsec. (a), was repealed by Pub.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. AMENDMENTS 1975—Subsec. (a). Pub. L. 93–618 substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion, concerning issuance of regulations governing entry, or withdrawal from warehouses for consumption, of articles pursuant to any orderly marketing agree- ment, delegated to Secretary of the Treasury, see sec- tion 5(b) of Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out as a note under section 2111 of this title. PART V—ADVISORY BOARD § 1991. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title III, § 361, Oct. 11, 1962, 76 Stat. 901, established the Adjustment Assistance Advi- sory Board. CHAPTER 8—AUTOMOTIVE PRODUCTS SUBCHAPTER I—STATEMENT OF PURPOSES Sec. 2001. Congressional declaration of purposes. SUBCHAPTER II—BASIC AUTHORITIES 2011. Implementation of the Agreement. 2012. Omitted. 2013. Effective date of proclamations. 2014. Termination of proclamations. 2015. Special reports to Congress. SUBCHAPTER III—TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE 2021. General authority. 2022, 2023. Omitted. 2024. Authorization of appropriations. SUBCHAPTER IV—GENERAL PROVISIONS 2031. Authorities; delegation of functions; rules and regulations. 2032. Annual report to Congress. 2033. Applicability of antidumping provisions and antitrust laws. SUBCHAPTER I—STATEMENT OF PURPOSES § 2001. Congressional declaration of purposes The purposes of this chapter are— (1) to provide for the implementation of the Agreement Concerning Automotive Products Between the Government of the United States of America and the Government of Canada signed on January 16, 1965 (hereinafter referred to as the ‘‘Agreement’’), in order to strengthen the economic relations and expand trade in automotive products between the United States and Canada; and (2) to authorize the implementation of such other international agreements providing for the mutual reduction or elimination of duties applicable to automotive products as the Gov- ernment of the United States may hereafter enter into. (Pub. L. 89–283, title I, § 102, Oct. 21, 1965, 79 Stat. 1016.) 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, as amended. For complete classification of this Act to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 89–283, title I, § 101, Oct. 21, 1965, 79 Stat. 1016, provided that: ‘‘This Act [enacting this chapter, amending section 1202 of this title and Schedules 2, 3, 5, 6, and 7 of the Tariff Schedules of the United States, and enacting provisions set out as a note preceding sec- tion 1202 of this title] may be cited as the ‘Automotive Products Trade Act of 1965’.’’ SUBCHAPTER II—BASIC AUTHORITIES § 2011. Implementation of the Agreement (a) Modification of Harmonized Tariff Schedule The President is authorized to proclaim the modifications of the Harmonized Tariff Schedule of the United States provided for in title IV of this Act. (b) Duty-free treatment of Canadian motor-vehi- cle equipment At any time after the issuance of the procla- mation authorized by subsection (a), the Presi- dent is authorized to proclaim further modifica- tions of the Harmonized Tariff Schedule of the United States to provide for the duty-free treat- ment of any Canadian article which is original motor-vehicle equipment (as defined by such Schedules as modified pursuant to subsection (a)) if he determines that the importation of such article is actually or potentially of com- mercial significance and that such duty-free treatment is required to carry out the Agree- ment. (Pub. L. 89–283, title II, § 201, Oct. 21, 1965, 79 Stat. 1016; Pub. L. 100–418, title I, § 1214(i), Aug. 23, 1988, 102 Stat. 1157.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Pub- lication of Harmonized Tariff Schedule note set out under section 1202 of this title. Page 454 TITLE 19—CUSTOMS DUTIES § 2011 Title IV of this Act, referred to in subsec. (a), means title IV of Pub. L. 89–283 which amended section 1202 of this title and Schedules 2, 3, 5, 6, and 7 of the Tariff Schedules of the United States, and enacted provisions set out as a note preceding section 1202 of this title. The Agreement, referred to in subsec. (b), is the Agreement Concerning Automotive Products, which was entered into between the United States and Canada on January 16, 1965, see Proc. No. 3682, Oct. 21, 1965, 30 F.R. 13683 and Proc. No. 3743, Sept. 8, 1966, 31 F.R. 12003, set out as notes below. AMENDMENTS 1988—Subsecs. (a), (b). Pub. L. 100–418 substituted ‘‘Harmonized Tariff Schedule of the United States’’ for ‘‘Tariff Schedules of the United States’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100–418, set out as an Effective Date note under section 3001 of this title. Executive Documents PROC. NO. 3682. IMPLEMENTATION OF AGREEMENT CONCERNING AUTOMOTIVE PRODUCTS Proc. No. 3682, Oct. 21, 1965, 30 F.R. 13683, provided: WHEREAS the United States and Canada on January 16, 1965, entered into an Agreement Concerning Auto- motive Products, which provides that Canada shall ac- cord duty-free treatment to imports of certain auto- motive products of the United States and that, after enactment of implementing legislation, the United States shall accord duty-free treatment to certain automotive products of Canada retroactively to the earliest date administratively possible following the date on which the agreement has been implemented by Canada (art. II, 89th Cong. 1st sess., H. Rep. 537, 38); WHEREAS the agreement of January 16, 1965, was im- plemented by Canada through the granting of the req- uisite duty-free treatment to United States products on January 18, 1965; WHEREAS title II [sections 2011 to 2015 of this title] and IV [amending section 1202 of this title] of the Auto- motive Products Trade Act of 1965 have been enacted to provide for modifications of the Tariff Schedules of the United States (19 U.S.C. 1202) to implement the agree- ment of January 16, 1965, such modifications to enter into force in the manner proclaimed by the President (79 Stat. 1016); WHEREAS sections 201(a) and 203 of the Automotive Products Trade Act of 1965 [subsec. (a) of this section and section 2013 of this title] authorize the President to proclaim the modifications of the Tariff Schedules of the United States provided for in sections 403, 404, and 405 of that Act [amending section 1202 of this title] with retroactive effect as of the earliest date after January 17, 1965, which he determines to be practicable, and sec- tion 401(b) of that Act provides that the rates of duty in column numbered 1 of the tariff schedules that are modified pursuant to such proclamation shall be treat- ed as having been proclaimed by the President as being required to carry out a foreign trade agreement to which the United States is a party (79 Stat. 1016); and WHEREAS I determine that the earliest date, after January 17, 1965, as of which it is practicable to give retroactive effect to this proclamation is January 18, 1965: NOW, THEREFORE, I, LYNDON B. JOHNSON, under the authority vested in me by the Constitution and the statutes, particularly sections 201(a) and 203 of the Automotive Products Trade Act of 1965 [subsec. (a) of this section and section 2013 of this title], do proclaim (1) that the modifications of the Tariff Schedules of the United States provided for in sections 403 and 404 of that Act [amending section 1202 of this title] shall enter into force on the day following the date of this proclamation, and (2) that the modifications of the tar- iff schedules provided for in section 405 of that Act [amending section 1202 of this title] shall enter into force on December 20, 1965, effective with respect to ar- ticles which are or have been entered for consumption, or for warehouse, on or after January 18, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of Amer- ica to be affixed. DONE at the City of Washington this twenty-first day of October in the year of our Lord nineteen hun- dred and sixty-five, and of the Independence of the United States of America the one hundred and ninetieth. [SEAL] LYNDON B. JOHNSON. PROC. NO. 3743. IMPLEMENTATION OF AGREEMENT CONCERNING AUTOMOTIVE PRODUCTS Proc. No. 3743, Sept. 8, 1966, 31 F.R. 12003, provided: WHEREAS the United States and Canada on January 16, 1965, entered into an Agreement Concerning Auto- motive Products, which provides that Canada shall ac- cord duty-free treatment to imports of certain auto- motive products of the United States and that, after enactment of implementing legislation, the United States shall accord duty-free treatment to certain automotive products of Canada retroactively to the earliest date administratively possible following the date on which the agreement has been implemented by Canada (art. II, 89th Cong. 1st sess., H. Rep. 537, 38); WHEREAS, the agreement of January 16, 1965, was implemented by Canada through the granting of the requisite duty-free treatment to United States prod- ucts on January 18, 1965; WHEREAS titles II [sections 2011 to 2015 of this title] and IV of the Automotive Products Trade Act of 1965 [amending section 1202 of this title] have been enacted to provide for modifications of the Tariff Schedules of the United States (19 U.S.C. 1202) to implement the agreement of January 16, 1965, such modifications to enter into force in the manner proclaimed by the Presi- dent (79 Stat. 1016); WHEREAS sections 201 and 203 of the Automotive Products Trade Act of 1965 [sections 2011 and 2013 of this title] authorize the President to proclaim such modifications of the Tariff Schedules of the United States as will provide for the duty-free treatment of Canadian articles which are original motor-vehicle equipment either if the modifications of such articles are set forth in title IV of that Act [amending section 1202 of this title] or if the President subsequently deter- mines that the importation of the articles is actually or potentially of commercial significance and that such duty-free treatment is required by the agreement, such proclamation to provide for retroactive effect for such duty-free treatment as of the earliest date after Janu- ary 17, 1965, which the President determines to be prac- ticable; WHEREAS, by Proclamation No. 3682 of October 21, 1965 (30 F.R. 13683), the President pursuant to sections 201 and 203 [sections 2011 and 2013 of this title] pro- claimed the modifications of the Tariff Schedules of the United States provided for in title IV of the Auto- motive Products Trade Act of 1965 [amending section 1202 of this title]; and WHEREAS I determine (a) under subsection (b) of section 201 [subsection (b) of this section] that the im- portation of the Canadian articles which are original motor-vehicle equipment and which are dutiable under TSUS items 688.04, 688.06, and 688.15 is actually or po- tentially of commercial significance and that duty-free treatment of such Canadian articles is required to carry out the agreement of January 16, 1965, and (b) under section 203 [section 2013 of this title] that the earliest date, after January 17, 1965, as of which it is practicable to give retroactive effect to this proclama- tion is January 18, 1965: Page 455 TITLE 19—CUSTOMS DUTIES § 2021 NOW, THEREFORE, I, LYNDON, B. JOHNSON, under the authority vested in me by the Constitution and the statutes, particularly sections 201(b) and 203 of the Automotive Products Trade Act of 1965 [subsection (b) of this section and section 2013 of this title] do pro- claim that the Tariff Schedules of the United States are modified by inserting in proper numerical sequence new items 688.05, 688.07, and 688.16, each such item hav- ing the article description ‘‘If Canadian article and original motor-vehicle equipment (see headnote 2, part 6B, schedule 6) . . .’’ subordinate to the immediately preceding article description and having ‘‘Free’’ in rate of duty column numbered 1. Such modifications shall enter into force on the day following the date of this proclamation and shall be effective with respect to ar- ticles which are or have been entered for consumption, or for warehouse, on or after January 18, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of Amer- ica to be affixed. DONE at the City of Washington this eighth day of September in the year of our Lord nineteen hundred and sixty-six, and of the Independence of the United States of America the one hundred and ninety-first. [SEAL] LYNDON B. JOHNSON. § 2012. Omitted Editorial Notes CODIFICATION Section, Pub. L. 89–283, title II, § 202, Oct. 21, 1965, 79 Stat. 1016, which related to the modification of tariff schedules to implement duty free motor vehicle agree- ments and duty reduced or duty free automotive prod- uct agreements, the necessity for advice and public no- tice prior to negotiation of such agreements, the trans- mission to the Congress of copies of such agreements, and Presidential proclamations to implement such agreements, expired by its own terms on Oct. 22, 1965. § 2013. Effective date of proclamations (a) Retroactive effect; authority of President Subject to subsection (b), the President is au- thorized, notwithstanding section 1514 of this title or any other provision of law, to give retro- active effect to any proclamation issued pursu- ant to section 2011 of this title as of the earliest date after January 17, 1965, which he determines to be practicable. (b) Filing of request with customs officer In the case of liquidated customs entries, the retroactive effect pursuant to subsection (a) of any proclamation shall apply only upon request therefor filed with the customs officer concerned on or before the 90th day after the date of such proclamation and subject to such other condi- tions as the President may specify. (Pub. L. 89–283, title II, § 203, Oct. 21, 1965, 79 Stat. 1018.) § 2014. Termination of proclamations The President is authorized at any time to ter- minate, in whole or in part, any proclamation issued pursuant to section 2011 or 2012 of this title. (Pub. L. 89–283, title II, § 204, Oct. 21, 1965, 79 Stat. 1018.) § 2015. Special reports to Congress (a) Report on required comprehensive review No later than August 31, 1968, the President shall submit to the Senate and the House of Representatives a special report on the com- prehensive review called for by Article IV(c) of the Agreement. In such report he shall advise the Congress of the progress made toward the achievement of the objectives of Article I of the Agreement. (b) Report on increase on Canadian value added Whenever the President finds that any manu- facturer has entered into any undertaking, by reason of governmental action, to increase the Canadian value added of automobiles, buses, specified commercial vehicles, or original equip- ment parts produced by such manufacturer in Canada after August 31, 1968, he shall report such finding to the Senate and the House of Rep- resentatives. The President shall also report whether such undertaking is additional to un- dertakings agreed to in letters of undertaking submitted by such manufacturer before October 21, 1965. (c) Recommendations The reports provided for in subsections (a) and (b) of this section shall include recommenda- tions for such further steps, including legisla- tive action, if any, as may be necessary for the achievement of the purposes of the Agreement and this chapter. (Pub. L. 89–283, title II, § 205, Oct. 21, 1965, 79 Stat. 1018.) Editorial Notes REFERENCES IN TEXT The Agreement, referred to in subsecs. (a) and (c), is the Agreement Concerning Automotive Products, which was entered into between the United States and Canada on January 16, 1965, see Proc. No. 3682, Oct. 21, 1965, 30 F.R. 13683 and Proc. No. 3743, Sept. 8, 1966, 31 F.R. 12003, set out as notes under section 2011 of this title. This chapter, referred to in subsec. (c), 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 sec- tion 2001 of this title and Tables. SUBCHAPTER III—TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE § 2021. General authority A petition may be filed for tariff adjustment or for a determination of eligibility to apply for adjustment assistance under title III of the Trade Expansion Act of 1962 [19 U.S.C. 1901 et seq.] as though the reduction or elimination of a duty proclaimed by the President pursuant to section 2011 or 2012 of this title were a conces- sion granted under a trade agreement referred to in section 301 of the Trade Expansion Act of 1962 [19 U.S.C. 1901]. (Pub. L. 89–283, title III, § 301, Oct. 21, 1965, 79 Stat. 1018.) Editorial Notes REFERENCES IN TEXT The Trade Expansion Act of 1962, referred to in text, is Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872. Title III of the Trade Expansion Act of 1962 is classified generally to subchapter III (§ 1901 et seq.) of chapter 7 of this