Notes on 19 U.S.C. § 1351 : US Code - Notes

Search Notes on 19 U.S.C. § 1351 : US Code - Notes

(June 17, 1930, ch. 497, title III, Sec. 350, as added June 12,
1934, ch. 474, Sec. 1, 48 Stat. 943; amended June 7, 1943, ch. 118,
Sec. 2, 57 Stat. 125; July 5, 1945, ch. 269, Secs. 2, 3, 59 Stat.
410; Sept. 26, 1949, ch. 585, Secs. 4, 6, 63 Stat. 698; June 21,
1955, ch. 169, Sec. 3, 69 Stat. 162; Pub. L. 85-686, Sec. 3, Aug.
20, 1958, 72 Stat. 673; Pub. L. 87-794, title II, Sec. 257(a), (b),
Oct. 11, 1962, 76 Stat. 881, 882; Pub. L. 96-39, title II, Sec.
202(a)(3), July 26, 1979, 93 Stat. 202.)
REFERENCES IN TEXT
The Trade Agreements Extension Act of 1955, referred to in
subsec. (a)(1)(A), is act June 21, 1955, ch. 169, 69 Stat. 162,
which is classified to sections 1351(a), (b), (c), (e), 1352(c),
1352a, 1363(b), and 1364(a), (b), (e) of this title. For complete
classification of this Act to the Code, see Short Title of 1955
Amendment note set out under section 1654 of this title and Tables.
Paragraph (5) of this subsection, referred to in subsec.
(a)(3)(A), was repealed by Pub. L. 87-794, title III, Sec. 257(b),
Oct. 11, 1962, 76 Stat. 882.
The Trade Expansion Act of 1962, referred to in subsec. (b), is
Pub. L. 87-794, Oct. 11, 1962, 76 Stat. 872, as amended, which is
classified generally to chapter 7 (Sec. 1801 et seq.) of this
title. Title II of the Trade Expansion Act of 1962, also referred
to in subsec. (b), is classified generally to subchapter II (Sec.
1821 et seq.) of chapter 7 of this 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 1362 of this title, referred to in subsec. (c)(2)(A),
related to suspension or withdrawal of concessions from Communistic
areas and was repealed by Pub. L. 87-794, title II, Sec. 257(e)(1),
Oct. 11, 1962, 76 Stat. 882.
AMENDMENTS
1979 - Subsec. (a)(2)(D)(ii). Pub. L. 96-39 struck out reference
to standards of valuation contained in section 1402 of this title.
1962 - Subsec. (a)(5). Pub. L. 87-794, Sec. 257(b), repealed par.
(5) which provided that, subject to the provisions of section 1362
of this title, duties and other import restrictions proclaimed
pursuant to this section shall apply to all articles the growth,
produce, or manufacture of all foreign countries, whether imported
directly or indirectly, and required the President to suspend the
application to articles the growth, produce, or manufacture of any
country because of its discriminatory treatment of American
commerce or because of other acts (including the operations of
international cartels) or policies which in his opinion tend to
defeat the purposes of this section.
Subsec. (b). Pub. L. 87-794, Sec. 257(a), inserted references to
the Trade Expansion Act of 1962 in first and second sentences,
substituted "1955, and before July 1, 1962" for "1955" in par. (2),
and added par. (3).
Subsec. (e). Pub. L. 87-794, Sec. 257(b), repealed subsec. (e)
which related to reports to Congress by the President and the
Tariff Commission.
1958 - Subsec. (a)(2)(A). Pub. L. 85-686, Sec. 3(a)(1),
substituted "any rate of duty existing on July 1, 1934" for "any
rate of duty existing on July 1, 1945", and inserted provisions
permitting conversion of a specific rate of duty existing on July
1, 1934, to its ad valorem equivalent, and allowing an ad valorem
rate of duty not in excess of 50 per centum above such ad valorem
equivalent.
Subsec. (a)(2)(D). Pub. L. 85-686, Sec. 3(a)(2), (3), inserted
"and before July 1, 1958," after "June 12, 1955", in opening par.,
and substituted "section 1401a or 1402 of this title (as in effect,
with respect to the article concerned," for "section 1402 of this
title (as in effect".
Subsec. (a)(2)(E). Pub. L. 85-686, Sec. 3(a)(4), added subpar.
(E).
Subsec. (a)(3)(A). Pub. L. 85-686, Sec. 3(a)(5), inserted "and of
subparagraph (B) of paragraph 4 of this subsection" after
"subparagraphs (B) and (C) of this paragraph", and substituted
"suspension under paragraph (5)" for "suspension under paragraph
(4)".
Subsec. (a)(3)(D). Pub. L. 85-686, Sec. 3(a)(6), inserted "or
paragraph (4)(A) or (B)" after "paragraph (2)(C) or (D)".
Subsec. (a)(4) to (6). Pub. L. 85-686, Sec. 3(a)(7), (8), added
par. (4) and redesignated former pars. (4) and (5) as (5) and (6),
respectively.
Subsec. (b). Pub. L. 85-686, Sec. 3(b)(1), substituted "an
agreement with Cuba" for "an exclusive agreement with Cuba" in
opening par.
Subsec. (b)(2). Pub. L. 85-686, Sec. 3(b)(2), inserted "or
(4)(A)" after "subsection (a)(2)(C) or (D)", "and (4)(B) and (C)"
after "subsection (a)(3)(B), (C), and (D)", and "or (4)(A)(iii)"
after "subsection (a)(2)(D)(ii)".
Subsec. (c)(2)(A). Pub. L. 85-686, Sec. 3(c), defined "existing
on July 1, 1934" and "existing on July 1, 1958".
Subsec. (e)(1). Pub. L. 85-686, Sec. 3(d), provided for the
inclusion in the report of the results of action taken to obtain
removal of foreign trade restrictions (including discriminatory
restrictions) against United States exports, remaining
restrictions, and the measures available to seek their removal in
accordance with the objectives of this section.
Subsec. (f). Pub. L. 85-686, Sec. 3(e), added subsec. (f).
1955 - Subsec. (a). Act June 21, 1955, Sec. 3(a), among other
changes, authorized the President to reduce tariff rates existing
on January 1, 1955 by a total of 15 percent in stages of not more
than 5 percent of such rates, or to reduce those rates which are
higher than 50 percent of the value of an import to a rate not less
than 50 percent, in stages of not more than one-third of the
reduction in any one year.
Subsec. (b). Act June 21, 1955, Sec. 3(b), made applicable to
Cuban products the new limits of authority to reduce tariffs.
Subsec. (c). Act June 21, 1955, Sec. 3(c), designated existing
provisions as par. (1) and added par. (2).
Subsec. (e). Act June 21, 1955, Sec. 3(d), added subsec. (e).
1949 - Subsec. (a). Act Sept. 26, 1949, struck out obsolete
language referring to the depression which existed at the time of
the original enactment of section.
Subsec. (b). Act Sept. 26, 1949, substituted period for colon
following Cuba, struck out proviso which followed, and inserted in
lieu thereof the last two sentences.
1945 - Subsec. (a)(2). Act July 5, 1945, struck out "existing"
after "per centum any", and inserted ", however established,
existing on January 1, 1945 (even though temporarily suspended by
Act of Congress)," after "rate of duty".
Subsec. (b). Act July 5, 1945, struck out "payable" after "That
the duties", and substituted "however established, existing on
January 1, 1945 (even though temporarily suspended by Act of
Congress)." for "now payable thereon" in proviso.
Subsec. (d). Act July 5, 1945, added subsec. (d).
1943 - Subsec. (a)(2). Act June 7, 1943, inserted matter within
parentheses in proviso.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-39 effective July 1, 1980, see section
204(a) of Pub. L. 96-39, set out as a note under section 1401a of
this title.
TREATY BETWEEN UNITED STATES AND CUBA
The treaty concluded between the United States and the Republic
of Cuba, on Dec. 11, 1902, referred to in subsec. (b) of the text,
was terminated Aug. 21, 1963, pursuant to notice given by the
United States on Aug. 21, 1962. See Bevans, Treaties and Other
International Agreements of the United States of America, 1776-
1949, vol. VI, page 1106.
TARIFF TREATMENT OF CUBAN PRODUCTS
Section 401 of Pub. L. 87-456, title IV, May 24, 1962, 76 Stat.
78, provided that:
"(a) Cuba is hereby declared to be a nation described in section
5 of the Trade Agreements Extension Act of 1951, as amended (19
U.S.C. 1362, relating to imports from nations and areas dominated
or controlled by the foreign government or foreign organization
controlling the world Communist movement). Articles which are -
"(1) the growth, produce, or manufacture of Cuba, and
"(2) imported on or after the date of enactment of this Act
[May 24, 1962],
shall be denied the benefits of concessions contained in any trade
agreement entered into under the authority of section 350 of the
Tariff Act of 1930, as amended (19 U.S.C. 1351).
"(b) Nothing in subsection (a) shall affect the rates of duty or
the customs or excise treatment of articles the growth, produce, or
manufacture of any country other than Cuba.
"(c) Subsection (a) shall not apply on or after the date on which
the President proclaims that he has determined that Cuba is no
longer dominated or controlled by the foreign government or foreign
organization controlling the world Communist movement.
"(d) The Act of December 17, 1903 (19 U.S.C. 124, 125), and
section 316 of the Tariff Act of 1930, as amended (19 U.S.C. 1316),
both relating to the implementation of the treaty with Cuba
concluded on December 11, 1902, shall not apply during the period
during which subsection (a) applies."
ADMINISTRATION OF TRADE AGREEMENTS PROGRAM
For provisions relating to the administration of the trade
agreements program, see Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R.
14291, set out as a note under section 2111 of this title.
CONGRESSIONAL APPROVAL OR DISAPPROVAL OF GENERAL AGREEMENT ON
TARIFFS AND TRADE
Section 10 of Pub. L. 85-686 provided that: "The enactment of
this Act [enacting section 1335 of this title, amending sections
1333, 1336, 1337, 1351, 1352a, 1360 and 1364 of this title, and
enacting notes set out under sections 1351 and 1352 of this title]
shall not be construed to determine or indicate the approval or
disapproval by the Congress of the executive agreement known as the
General Agreement on Tariffs and Trade."
REDUCTION OF PROTECTION RESULTING FROM 1956 AMENDMENTS
Section 2(e) of act Aug. 2, 1956, ch. 887, 70 Stat. 946, provided
that: "In any action relating to tariff adjustments by executive
action, including action taken pursuant to section 350 of the
Tariff Act of 1930, as amended [this section] the United States
Tariff Commission [now United States International Trade
Commission] and each officer of the executive branch of the
Government concerned shall give full consideration to any reduction
in the level of tariff protection which has resulted or is likely
to result from the amendment of section 402 of the Tariff Act of
1930 made by this Act [sections 1401a and 1402 of this title]."
Section 2(e) of act Aug. 2, 1956, effective only as to articles
entered, or withdrawn from warehouse, for consumption on or after
thirtieth day following publication of the final list provided for
in section 6(a) of said act Aug. 2, 1956, set out in note under
section 1402 of this title, see note set out under section 1401a of
this title.
COMMISSION ON FOREIGN ECONOMIC POLICY
Act Aug. 7, 1953, ch. 348, title III, Secs. 301-310, 67 Stat. 473-
475, as amended by Pub. L. 89-554, Sec. 8(a), Sept. 6, 1966, 80
Stat. 657, provided for the establishment of a Commission on
Foreign Economic Policy to examine and report on the subjects of
international trade and its enlargement consistent with a sound
domestic economy, our foreign economic policy, and the trade
aspects of our national security and total foreign policy, and to
recommend appropriate policies and measures. The Commission was to
submit a report on its findings within 60 days after the second
session of the 83rd Congress was convened, and was to expire 90
days after the submission of its report to Congress.
EXTENSION OF PRESIDENTIAL AUTHORITY
Authority of President to enter into trade agreements under this
section extended until close of Dec. 31, 1962, see note under
section 1352 of this title.
EXECUTIVE ORDER NO. 9832
Ex. Ord. No. 9832, Feb. 25, 1947, 12 F.R. 1363, revoked by Ex.
Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851.
EXECUTIVE ORDER NO. 10004
Ex. Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851, superseded by Ex.
Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105.
EXECUTIVE ORDER NO. 10082
Ex. Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105, as amended by Ex.
Ord. No. 10170, Oct. 13, 1950, 15 F.R. 6901, which related to
administrative procedures for reciprocal trade-agreements program,
was revoked by Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, set
out as a note under section 1801 of this title.
EXECUTIVE ORDER NO. 10741
Ex. Ord. No. 10741, Nov. 26, 1957, 22 F.R. 9451, which
established the Trade Policy Committee, was revoked by Ex. Ord. No.
11075, Jan. 15, 1963, 28 F.R. 473, set out as a note under section
1801 of this title.