19 U.S.C. § 1362 — Untitled legal text

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 (a) to sections 1360 to 1367 of this title, were repealed by Pub.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 Page 136 TITLE 19—CUSTOMS DUTIES § 1366 from Communistic areas. See section 1801 et seq. of this title. Section 1363, acts June 16, 1951, ch. 141, § 6, 65 Stat. 73; June 21, 1955, ch. 169, § 4, 69 Stat. 165, provided for an es- cape clause for future agreements, and insertion in past agreements. Section 1364, acts June 16, 1951, ch. 141, § 7, 65 Stat. 74; Aug. 7, 1953, ch. 348, title I, § 102, 67 Stat. 472; June 21, 1955, ch. 169, §§ 5, 6, 69 Stat. 166; Aug. 20, 1958, Pub. L. 85–686, §§ 5(a), (b)(1), (c), 6, 72 Stat. 676, related to the op- eration of the escape clause. Section 1365, act June 16, 1951, ch. 141, § 8(a), 65 Stat. 75, provided for emergency action for perishable agri- cultural products. Statutory Notes and Related Subsidiaries PRESIDENTIAL ACTION IN EFFECT ON OCTOBER 11, 1962 Pub. L. 87–794, title II, § 257(e)(2), Oct. 11, 1962, 76 Stat. 882, provided that: ‘‘Action taken by the President under section 5 of such Act [former section 1362 of this title] and in effect on the date of the enactment of this Act [Oct. 11, 1962] shall be considered as having been taken by the President under section 231 [section 1861 of this title].’’ CONTINUATION OF INVESTIGATIONS Pub. L. 87–794, title II, § 257(e)(3), Oct. 11, 1962, 76 Stat. 882, provided that: ‘‘Any investigation by the Tariff Commission [now the United States International Trade Commission] under section 7 of such Act [former section 1364 of this title] which is in progress on the date of the enactment of this Act [Oct. 11, 1962] shall be continued under section 301 [section 1901 of this title] as if the application by the interested party were a pe- tition under such section for tariff adjustment under section 351 [section 1981 of this title]. For purposes of section 301(f) [section 1901(f) of this title], such petition shall be treated as having been filed on the date of the enactment of this Act [Oct. 11, 1962].’’ § 1366. General Agreement on Tariff and Trade unaffected The enactment of sections 1352(a), (c), 1354, and 1360 to 1367 of this title, and section 624(f) of title 7, shall not be construed to determine or indicate the approval or disapproval by the Con- gress of the Executive Agreement known as the General Agreement on Tariffs and Trade. (June 16, 1951, ch. 141, § 10, 65 Stat. 75.) Editorial Notes REFERENCES IN TEXT Sections 1362 to 1365 of this title, included in the ref- erence to sections 1360 to 1367 of this title, were re- pealed by Pub. L. 87–749, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882; section 1367 of this title was repealed 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. PRIOR PROVISIONS Similar provisions were contained in act July 1, 1954, ch. 445, § 3, 68 Stat. 360, other sections of which amended section 1352(c) of this title and enacted section 1352a of this title; and in act Aug. 7, 1953, ch. 348, title I, § 103, 67 Stat. 472, which act amended section 624(b) of title 7, and sections 1330(d), 1352(c) and former section 1364(a) of this title, and enacted provisions set out as notes under sections 1351 and 1364 of this title. Statutory Notes and Related Subsidiaries CONGRESSIONAL APPROVAL OR DISAPPROVAL OF GENERAL AGREEMENT ON TARIFFS AND TRADE Pub. L. 85–686, § 10, Aug. 20, 1958, 72 Stat. 680, provided that: ‘‘The enactment of this Act [enacting section 1335 of this title, amending sections 1333, 1336, 1337, 1351, 1352a, 1360, and former section 1364 of this title, and en- acting notes set out under sections 1352 and 1366 of this title] shall not be construed to determine or indicate the approval or disapproval by the Congress of the ex- ecutive agreement known as the General Agreement on Tariffs and Trade.’’ § 1367. Repealed. Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78 Section, act June 16, 1951, ch. 141, § 11, 65 Stat. 75, re- quired the President to take such measures as may be necessary to prevent the importation of ermine, fox, kolinsky, marten, mink, muskrat, and weasel furs and skins which are the product of the Union of Soviet So- cialist Republics or of Communist China. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective with respect to articles entered, or withdrawn from warehouse, for consumption on or after Aug. 31, 1963, see section 501(a) of Pub. L. 87–456, set out as a note preceding section 1202 of this title. SUBTITLE III—ADMINISTRATIVE PROVISIONS PART I—DEFINITIONS AND NATIONAL CUSTOMS AUTOMATION PROGRAM SUBPART A—DEFINITIONS § 1401. Miscellaneous When used in this subtitle or in part I of sub- title II— (a) Vessel The word ‘‘vessel’’ includes every description of water craft or other contrivance used, or ca- pable of being used, as a means of transpor- tation in water, but does not include aircraft. (b) Vehicle The word ‘‘vehicle’’ includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft. (c) Merchandise The word ‘‘merchandise’’ means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohib- ited, and monetary instruments as defined in section 5312 of title 31. (d) Person The word ‘‘person’’ includes partnerships, as- sociations, and corporations. (e) Master The word ‘‘master’’ means the person having the command of the vessel. (f) Day The word ‘‘day’’ means the time from eight o’clock antemeridian to five o’clock postmeridian. (g) Night The word ‘‘night’’ means the time from five o’clock postmeridian to eight o’clock ante- meridian.