Notes on 19 U.S.C. § 2253 : US Code - Notes

Search Notes on 19 U.S.C. § 2253 : US Code - Notes

(Pub. L. 93-618, title II, Sec. 203, Jan. 3, 1975, 88 Stat. 2015;
Pub. L. 96-39, title XI, Sec. 1106(d), July 26, 1979, 93 Stat. 312;
Pub. L. 98-573, title II, Sec. 248(a), Oct. 30, 1984, 98 Stat.
2998; Pub. L. 100-418, title I, Secs. 1214(j)(2), 1401(a), Aug. 23,
1988, 102 Stat. 1158, 1234; Pub. L. 100-647, title IX, Sec.
9001(a)(2), Nov. 10, 1988, 102 Stat. 3806; Pub. L. 103-465, title
III, Secs. 301(d)(3), 302(a)-(b)(4)(A), 303(7)-(10), Dec. 8, 1994,
108 Stat. 4933-4937.)
REFERENCES IN TEXT
The Harmonized Tariff Schedule of the United States, referred to
in subsec. (e)(6), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
title.
AMENDMENTS
1994 - Subsec. (a)(2)(C). Pub. L. 103-465, Sec. 303(7),
substituted "2252(a)" for "2251(b)".
Subsec. (a)(3)(E). Pub. L. 103-465, Sec. 302(a)(1), struck out
"orderly marketing" before "agreements".
Subsec. (a)(4). Pub. L. 103-465, Sec. 301(d)(3), designated
existing provisions as subpar. (A), substituted "Subject to
subparagraph (B), the" for "The", inserted "(50 days if the
President has proclaimed provisional relief under section
2252(d)(2)(D) of this title with respect to the article concerned)"
after "60 days", and substituted a period and subpar. (B) for ";
except that if a supplemental report is requested under paragraph
(5), the President shall take action under paragraph (1) within 30
days after the supplemental report is received."
Subsec. (c). Pub. L. 103-465, Sec. 303(8), substituted
"subsection (d)(2)" for "subsection (c)(2)" in concluding
provisions.
Subsec. (d)(1). Pub. L. 103-465, Sec. 302(a)(2), substituted
"agreements described in subsection (a)(3)(E) of this section" for
"orderly marketing agreements".
Subsec. (e)(1). Pub. L. 103-465, Sec. 302(b)(1), amended par. (1)
generally. Prior to amendment, par. (1) read as follows:
"(1)(A) The duration of the period in which action taken under
this section may be in effect shall not exceed 8 years.
"(B) If the initial effective period for action taken under this
section is less than 8 years, the President may extend the
effective period once, but the aggregate of the initial period and
the extension may not exceed 8 years."
Subsec. (e)(2). Pub. L. 103-465, Sec. 303(9), substituted "of a
type described in subsection (a)(3)(A), (B), or (C) of this section
may be taken under subsection (a)(1) of this section, under section
2252(d)(1)(G) of this title, or under section 2252(d)(2)(D) of this
title" for "may be taken under subsection (a)(1)(A), (B), or (C) of
this section or under section 2252(d)(2)(B) of this title" and
struck out "or threat thereof" after "the serious injury".
Subsec. (e)(4), (5). Pub. L. 103-465, Sec. 302(b)(2), (3),
amended pars. (4) and (5) generally. Prior to amendment, pars. (4)
and (5) read as follows:
"(4) Any action taken under this section proclaiming a
quantitative restriction shall permit the importation of a quantity
or value of the article which is not less than the quantity or
value of such article imported into the United States during the
most recent period that is representative of imports of such
article.
"(5) To the extent feasible, an effective period of more than 3
years for an action described in subsection (a)(3)(A), (B), or (C)
of this section shall be phased down during the period in which the
action is taken, with the first reduction taking effect no later
than the close of the day which is 3 years after the day on which
such action first takes effect."
Subsec. (e)(6)(B). Pub. L. 103-465, Sec. 303(10), substituted
"section 2252(e) of this title" for "subsection (c) of this
section" and "section 2252(b) of this title" for "subsection (a) of
this section".
Subsec. (e)(7). Pub. L. 103-465, Sec. 302(b)(4)(A), added par.
(7).
Subsec. (f). Pub. L. 103-465, Sec. 302(a)(3), in heading,
substituted "Certain" for "Orderly marketing and other", in par.
(1), substituted "implementation of agreements of the type
described in subsection (a)(3)(E) of this section" for
"implementation of orderly marketing agreements" and "negotiate
agreements of the type described in subsection (a)(3)(E) of this
section" for "negotiate orderly marketing agreements with foreign
countries", and in par. (2), substituted "agreement implemented
under subsection (a)(3)(E) of this section" for "orderly marketing
agreement implemented under subsection (a) of this section".
Subsec. (g)(2). Pub. L. 103-465, Sec. 302(a)(4), in first
sentence, struck out "orderly marketing or other" before
"international", and in second sentence, substituted "agreement of
the type described in subsection (a)(3)(E) of this section that is"
for "orderly marketing agreement" and "covered by such agreement"
for "covered by such agreements".
1988 - Pub. L. 100-418, Sec. 1401(a), in amending section
generally, substituted provisions relating to action by President
after determination of import injury for provisions relating to
import relief.
Subsec. (e)(6)(A)(i). Pub. L. 100-418, Sec. 1214(j)(2)(A), as
amended by Pub. L. 100-647, Sec. 9001(a)(2)(B)(i), (ii),
substituted "subheadings 9802.00.60 or 9802.00.80 of the Harmonized
Tariff Schedule of the United States" for "item 806.30 or 807.00 of
the Tariff Schedules of the United States".
Subsec. (e)(6)(B). Pub. L. 100-647, Sec. 9001(a)(2)(A),
substituted "(i) the application" for "(A) the application", and
"(ii) the designation" for "(B) the designation".
Subsec. (e)(6)(B)(i). Pub. L. 100-418, Sec. 1214(j)(2)(B), as
amended by Pub. L. 100-647, Sec. 9001(a)(2)(B)(i), (iii),
substituted "subheading 9802.00.60 or subheading 9802.00.80 of the
Harmonized Tariff Schedule of the United States" for "item 806.30
or item 807.00".
1984 - Subsec. (c)(1). Pub. L. 98-573, Sec. 248(a)(1),
substituted provision that the action recommended by the Commission
shall take effect upon enactment of a joint resolution described in
section 2192(a)(1)(A) of this title for provision that the action
recommended by the Commission would take effect upon the adoption
by both Houses of Congress, by an affirmative vote of a majority of
the Members of each House present and voting under the procedures
set forth in section 2192 of this title, of a concurrent resolution
disapproving the action taken by the President or his determination
not to provide import relief under section 2252(a)(1)(A) of this
title.
Subsec. (c)(2). Pub. L. 98-573, Sec. 248(a)(2), substituted
"enactment of the joint resolution referred to in paragraph (1)"
for "adoption of such resolution" and "section 2251(d)" for
"section 2251(b)".
1979 - Subsec. (a)(4). Pub. L. 96-39, Sec. 1106(d)(1),
substituted "negotiate, conclude, and carry out" for "negotiate".
Subsec. (b)(1). Pub. L. 96-39, Sec. 1106(d)(2)(A), (B),
substituted "On the day the President determines under section 2252
of this title to provide import relief, including announcement of
his intention to negotiate an orderly marketing agreement" for "On
the day on which the President proclaims import relief under this
section or announces his intention to negotiate one or more orderly
marketing agreements" and section "2251(d)(1)(A)" for
"2251(b)(1)(A)" of this title.
Subsec. (b)(3). Pub. L. 96-39, Sec. 1106(d)(2)(C), added par.
(3).
Subsec. (c)(1). Pub. L. 96-39, Sec. 1106(d)(3)(A), (B),
substituted "section 2251(d)(1)(A)" for "section 2251(b)(1)(A)" of
this title and inserted "under the procedures set forth in section
2192 of this title" after "voting".
Subsec. (e)(3). Pub. L. 96-39, Sec. 1106(d)(4), substituted
"subsection (a) of this section" for "subsection (a)(1), (2), (3),
or (5) of this section".
Subsec. (g)(1). Pub. L. 96-39, Sec. 1106(d)(5)(A), (B), struck
out "quantitative" before "restriction" and substituted "pursuant
to this section" for "pursuant to subsection (a)(3) or (c) of this
section".
Subsec. (g)(2). Pub. L. 96-39, Sec. 1106(d)(6), inserted
references to subsec. (e)(3) of this section.
Subsec. (h)(3). Pub. L. 96-39, Sec. 1106(d)(7)(A), (B), inserted
reference to subsec. (i)(3) of this section and substituted "one
period of not more than 3 years" for "one 3-year period".
Subsec. (h)(4). Pub. L. 96-39, Sec. 1106(d)(7)(A), inserted
reference to subsec. (i)(3) of this section.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-465 effective on the date on which the
WTO Agreement enters into force with respect to the United States
[Jan. 1, 1995], see section 304(a) of Pub. L. 103-465, set out as a
note under section 2252 of this title.
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,
set out as an Effective and Termination Dates of 1988 Amendments
note under section 58c of this title.
Amendment by section 1214(j)(2) of 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.
Amendment by section 1401a of Pub. L. 100-418 effective Aug. 23,
1988, and applicable with respect to investigations initiated under
this part on or after that date, see section 1401(c) of Pub. L. 100-
418, set out as a note under section 2251 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
under section 1304 of this title.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-39 effective July 26, 1979, see section
1114 of Pub. L. 96-39, set out as an Effective Date note under
section 2581 of this title.
STEEL IMPORT STABILIZATION
Title VIII of Pub. L. 98-573, as amended by Pub. L. 100-418,
title I, Sec. 1322, Aug. 23, 1988, 102 Stat. 1195; Pub. L. 101-221,
Secs. 2, 3(a), 4-6(a), Dec. 12, 1989, 103 Stat. 1886-1889, known as
the Steel Import Stabilization Act, endorsed principles and goals
of steel trade liberalization program as announced by the President
on July 25, 1989, and provided for its implementation, granted
specific enforcement powers to President to carry out terms and
conditions of bilateral arrangements entered into for purposes of
implementing that program, made continuation of those powers
subject to condition that steel industry continue to modernize its
plant and equipment and provide for appropriate worker retraining,
directed Secretary of Labor to prepare and submit to Congress plan
of action for assisting workers in communities adversely affected
by imports of steel products, and provided that section 805 which
provided enforcement authority for President would terminate Mar.
31, 1992.
LIMITATION ON MEAT IMPORTS
Pub. L. 88-482, Sec. 2, Aug. 22, 1964, 78 Stat. 594, as amended
by Pub. L. 96-177, Dec. 31, 1979, 93 Stat. 1291; Pub. L. 100-418,
title I, Sec. 1214(u), Aug. 23, 1988, 102 Stat. 1162; Pub. L. 100-
449, title III, Sec. 301(b), Sept. 28, 1988, 102 Stat. 1867; Pub.
L. 103-182, title III, Sec. 321(a), Dec. 8, 1993, 107 Stat. 2108,
provided that this section was to be cited as the "Meat Import Act
of 1979", defined terms for purposes of this section, limited with
exception the aggregate quantity of meat articles which could enter
the country in any calendar year after 1979, provided for
adjustment of aggregate quantity for calendar years after 1979,
required Secretary of Agriculture to estimate and publish yearly
aggregate quantity, authorized President to increase or limit by
proclamation the total quantity of meat articles entering this
country under certain circumstances, and provided for suspension of
such proclamations after providing notice in Federal Register and
opportunity to comment, prior to repeal by Pub. L. 103-465, title
IV, Sec. 403, Dec. 8, 1994, 108 Stat. 4959, effective on the date
of entry into force of the WTO Agreement with respect to the United
States (Jan. 1, 1995).
(!1) So in original. Probably should be "implementation".