19 U.S.C. § 1351 — Foreign trade agreements
submitted 96 years ago by ch. 497 to r/title-19-CUSTOMS-DUTIES · 2,743 words · no verdicts yet
This section authorizes the President to negotiate foreign trade agreements and adjust duties and import restrictions within detailed limits. It also addresses Cuba, rate calculations, terminated agreements, and advice from affected sectors.
(a) Presidential authority. (1) To expand foreign markets for United States products and improve relations among American agriculture, industry, mining, and commerce, the President may act when he finds that United States or foreign duties or other import restrictions are unduly burdening United States foreign trade and that the stated purpose will be advanced. He may (A) enter foreign-trade agreements with foreign governments or their instrumentalities, subject to the stated provision that the 1955 Act does not show congressional approval or disapproval of the General Agreement on Tariffs and Trade; and (B) proclaim changes or additions to duties and import restrictions, or continuation of customs or excise treatment for stated minimum periods, when needed or appropriate to carry out an agreement. (2) A proclamation under (1)(B) may not (A) raise a July 1, 1934 rate by more than 50 percent, although a specific rate may be converted to an ad valorem equivalent using 1934 imports and raised no more than 50 percent above it; (B) move an article between dutiable and free lists; (C) for agreements before June 12, 1955, reduce a January 1, 1945 rate by more than 50 percent; (D) for agreements from June 12, 1955 through June 30, 1958, reduce below the lowest of the specified alternatives: 15 percent below the January 1, 1955 rate, 50 percent ad valorem where the rate exceeds 50 percent or its equivalent for specified-rate goods, using the prescribed representative-period valuation standards; or (E) for agreements on or after July 1, 1958, reduce below the rates in paragraph (4)(A). (3) (A) Proclamations and suspension proclamations take effect when they say, subject to (B)–(D) and paragraph (4)(B). (B) For a paragraph (2)(D) reduction, if the total reduction is no more than 15 percent of the 1955 rate, no more than 5 percent may initially take effect at once; otherwise no more than one-third may initially take effect. Each later part requires the preceding part to have been effective for at least one year in aggregate. (C) A reduction using the paragraph (2)(D)(i) alternative may not first take effect after the three-year period beginning July 1, 1955, excluding time it was suspended by United States law or action. (D) To simplify duty computation, the President may exceed a paragraph (2)(C) or (D), paragraph (4)(A) or (B), or this paragraph’s (B) limit by the lesser of the difference to the next lower whole number or one-half of one percent ad valorem. Specific rates use the paragraph (2)(D)(ii) method. (4) (A) For an agreement on or after July 1, 1958, a reduction may not go below the lowest of: (i) the July 1, 1958 rate reduced by 20 percent; (ii) the July 1, 1958 rate reduced by 2 percentage points, subject to (2)(B); or (iii) 50 percent ad valorem, or the equivalent for specific or combined rates. The rules apply to combined rates and use a representative-period equivalent as specified. (B) Reductions under (i) may take no more than four annual stages, and each stage may not exceed 10 percent of the 1958 rate or, if the rate later increased, the greater of that amount or one-third of the total reduction. Under (ii), stages may not exceed 1 percentage point ad valorem or, if the rate later increased, the greater of that amount or one-third of the total. Under (iii), each stage may not exceed one-third of the total reduction. (C) For these reductions, a later part requires the prior part to have been effective for at least one year in aggregate, no part may first take effect after the first part has been effective more than three years, and no part may first take effect after the four-year period beginning July 1, 1962. Suspended time is excluded in measuring those periods. (5) Repealed. (6) The President may terminate any proclamation under this section, in whole or part, at any time. (b) Cuba. This section and the Trade Expansion Act do not prevent applying the 1902 United States–Cuba treaty’s provisions to rates established under this section or that Act through agreements with other countries, or giving effect to a Cuba agreement modifying preferential treatment. They also do not prevent applying to Cuban products a rate no higher than the rate for like products of other foreign countries, except the Philippines, whether or not preferential treatment results. Cuban rates may not be reduced (1) for an agreement before June 12, 1955, by more than 50 percent of the January 1, 1945 rate; (2) for an agreement from June 12, 1955 through June 30, 1962, below the applicable alternatives in subsection (a), subject to its staging rules, although the 50-percent limits may be exceeded as needed to preserve Cuba’s absolute preference margin; or (3) for an agreement after June 30, 1962 and before July 1, 1967, below the lowest rate allowed by applying title II of the Trade Expansion Act to the July 1, 1962 rate. (c) Definitions. (1) “Duties and other import restrictions” includes duty rates and forms and article classifications, plus import limitations, prohibitions, charges, and exactions other than duties. This section does not otherwise define the quoted terms. (2) Unless subsection (d) applies, rates “existing on” July 1, 1934, January 1, 1945, January 1, 1955, or July 1, 1958 mean rates existing on that date, however established and even if temporarily suspended, except rates resulting from section 1362. “Existing,” without a date, means existing on the day the agreement is entered into. (d) Rate basis and terminated treaties. (1) If a war or emergency rate was increased or decreased by agreement or otherwise, a later change is calculated from the postwar or postemergency rate. (2) If the United States reserved an unqualified right to withdraw or change a commodity rate after the war or emergency, its January 1, 1945 rate is the rate that would have existed without the agreement. (3) No proclamation may carry out an agreement whose proclamation the President completely terminated before July 5, 1945. (e) Repealed. (f) Industry advice. Congress states that, while negotiating an agreement, the President should seek information and advice from representatives of industry, agriculture, and labor.
For the purpose of expanding foreign markets for the products of the United States (as a means of assisting in establishing and maintaining a better relationship among various branches of American agriculture, industry, mining, and commerce) by regulating the admission of foreign goods into the United States in accordance with the characteristics and needs of various branches of American production so that foreign markets will be made available to those branches of American production which require and are capable of developing such outlets by affording corresponding market opportunities for foreign products in the United States, the President, whenever he finds as a fact that any existing duties or other import restrictions of the United States or any foreign country are unduly burdening and restricting the foreign trade of the United States and that the purpose above declared will be promoted by the means hereinafter specified, is authorized from time to time—
To enter into foreign trade agreements with foreign governments or instrumentalities thereof: Provided, That the enactment of the Trade Agreements Extension Act of 1955 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.
To proclaim such modifications of existing duties and other import restrictions, or such additional import restrictions, or such continuance, and for such minimum periods, of existing customs or excise treatment of any article covered by foreign trade agreements, as are required or appropriate to carry out any foreign trade agreement that the President has entered into hereunder.
No proclamation pursuant to paragraph (1)(B) of this subsection shall be made—
Increasing by more than 50 per centum any rate of duty existing on July 1, 1934; except that a specific rate of duty existing on July 1, 1934, may be converted to its ad valorem equivalent based on the value of imports of the article concerned during the calendar year 1934 (determined in the same manner as provided in subparagraph (D)(ii)) and the proclamation may provide an ad valorem rate of duty not in excess of 50 per centum above such ad valorem equivalent.
Transferring any article between the dutiable and free lists.
In order to carry out a foreign trade agreement entered into by the President before June 12, 1955, or with respect to which notice of intention to negotiate was published in the Federal Register on November 16, 1954, decreasing by more than 50 per centum any rate of duty existing on January 1, 1945.
In order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955, and before July 1, 1958, decreasing (except as provided in subparagraph (C) of this paragraph) any rate of duty below the lowest of the following rates:
The rate 15 per centum below the rate existing on January 1, 1955.
In the case of any article subject to an ad valorem rate of duty above 50 per centum (or a combination of ad valorem rates aggregating more than 50 per centum), the rate 50 per centum ad valorem (or a combination of ad valorem rates aggregating 50 per centum). In the case of any article subject to a specific rate of duty (or a combination of rates including a specific rate) the ad valorem equivalent of which has been determined by the President to have been above 50 per centum during a period determined by the President to be a representative period, the rate 50 per centum ad valorem or the rate (or a combination of rates), however stated, the ad valorem equivalent of which the President determines would have been 50 per centum during such period. The standards of valuation contained in section 1401a of this title (as in effect, with respect to the article concerned, during the representative period) shall be utilized by the President, to the maximum extent he finds such utilization practicable, in making the determinations under the preceding sentence.
In order to carry out a foreign trade agreement entered into by the President on or after July 1, 1958, decreasing any rate of duty below the lowest of the rates provided for in paragraph (4)(A) of this subsection.
Subject to the provisions of subparagraphs (B) and (C) of this paragraph and of subparagraph (B) of paragraph (4) of this subsection, the provisions of any proclamation made under paragraph (1)(B) of this subsection, and the provisions of any proclamation of suspension under paragraph (5) of this subsection, shall be in effect from and after such time as is specified in the proclamation.
In the case of any decrease in duty to which paragraph (2)(D) of this subsection applies—
if the total amount of the decrease under the foreign trade agreement does not exceed 15 per centum of the rate existing on January 1, 1955, the amount of decrease becoming initially effective at one time shall not exceed 5 per centum of the rate existing on January 1, 1955;
except as provided in clause (i), not more than one-third of the total amount of the decrease under the foreign trade agreement shall become initially effective at one time; and
no part of the decrease after the first part shall become initially effective until the immediately previous part shall have been in effect for a period or periods aggregating not less than one year.
No part of any decrease in duty to which the alternative specified in paragraph (2)(D)(i) of this subsection applies shall become initially effective after the expiration of the three-year period which begins on July 1, 1955. If any part of such decrease has become effective, then for purposes of this subparagraph any time thereafter during which such part of the decrease is not in effect by reason of legislation of the United States or action thereunder shall be excluded in determining when the three-year period expires.
If (in order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955) the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed any limitation specified in paragraph (2)(C) or (D) or paragraph (4)(A) or (B) of this subsection or subparagraph (B) of this paragraph by not more than whichever of the following is lesser:
The difference between the limitation and the next lower whole number, or
One-half of 1 per centum ad valorem.
In the case of a specific rate (or of a combination of rates which includes a specific rate), the one-half of 1 per centum specified in clause (ii) of the preceding sentence shall be determined in the same manner as the ad valorem equivalent of rates not stated wholly in ad valorem terms is determined for the purposes of paragraph (2)(D)(ii) of this subsection.
No proclamation pursuant to paragraph (1)(B) of this subsection shall be made, in order to carry out a foreign trade agreement entered into by the President on or after July 1, 1958, decreasing any rate of duty below the lowest of the following rates:
The rate which would result from decreasing the rate existing on July 1, 1958, by 20 per centum of such rate.
Subject to paragraph (2)(B) of this subsection, the rate 2 per centum ad valorem below the rate existing on July 1, 1958.
The rate 50 per centum ad valorem or, in the case of any article subject to a specific rate of duty or to a combination of rates including a specific rate, any rate (or combination of rates), however stated, the ad valorem equivalent of which has been determined as 50 per centum ad valorem.
The provisions of clauses (ii) and (iii) of this subparagraph and of subparagraph (B)(ii) of this paragraph shall, in the case of any article, subject to a combination of ad valorem rates of duty, apply to the aggregate of such rates; and, in the case of any article, subject to a specific rate of duty or to a combination of rates including a specific rate, such provisions shall apply on the basis of the ad valorem equivalent of such rate or rates, during a representative period (whether or not such period includes July 1, 1958), determined in the same manner as the ad valorem equivalent of rates not stated wholly in ad valorem terms is determined for the purpose of paragraph (2)(D)(ii) of this subsection.
In the case of any decrease in duty to which clause (i) of subparagraph (A) of this paragraph applies, such decrease shall become initially effective in not more than four annual stages, and no amount of decrease becoming initially effective at one time shall exceed 10 per centum of the rate of duty existing on July 1, 1958, or, in any case in which the rate has been increased since that date, exceed such 10 per centum or one-third of the total amount of the decrease under the foreign trade agreement, whichever is the greater.
In the case of any decrease in duty to which clause (ii) of subparagraph (A) of this paragraph applies, such decrease shall become initially effective in not more than four annual stages, and no amount of decrease becoming initially effective at one time shall exceed 1 per centum ad valorem or, in any case in which the rate has been increased since July 1, 1958, exceed such 1 per centum or one-third of the total amount of the decrease under the foreign trade agreement, whichever is the greater.
In the case of any decrease in duty to which clause (iii) of subparagraph (A) of this paragraph applies, such decrease shall become initially effective in not more than four annual stages, and no amount of decrease becoming initially effective at one time shall exceed one-third of the total amount of the decrease under the foreign trade agreement.
In the case of any decrease in duty to which subparagraph (A) of this paragraph applies (i) no part of a decrease after the first part shall become initially effective until the immediately previous part shall have been in effect for a period or periods aggregating not less than one year, nor after the first part shall have been in effect for a period or periods aggregating more than three years, and (ii) no part of a decrease shall become initially effective after the expiration of the four-year period which begins on July 1, 1962. If any part of a decrease has become effective, then for the purposes of clauses (i) and (ii) of the preceding sentence any time thereafter during which such part of the decrease is not in effect by reason of legislation of the United States or action thereunder shall be excluded in determining when the three-year period or the four-year period, as the case may be, expires.
Repealed. Pub. L. 87–794, title II, § 257(b), Oct. 11, 1962, 76 Stat. 882.
The President may at any time terminate, in whole or in part, any proclamation made pursuant to this section.
Nothing in this section or the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.] shall be construed to prevent the application, with respect to rates of duty established under this section or the Trade Expansion Act of 1962 pursuant to agreements with countries other than Cuba, of the provisions of the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on December 11, 1902, or to preclude giving effect to an agreement with Cuba concluded under this section or the Trade Expansion Act of 1962, modifying the existing preferential customs treatment of any article the growth, produce, or manufacture of Cuba. Nothing in this chapter or the Trade Expansion Act of 1962 shall be construed to preclude the application to any product of Cuba (including products preferentially free of duty) of a rate of duty not higher than the rate applicable to the like products of other foreign countries (except the Philippines), whether or not the application of such rate involves any preferential customs treatment. No rate of duty on products of Cuba shall be decreased—
In order to carry out a foreign trade agreement entered into by the President before June 12, 1955, by more than 50 per centum of the rate of duty existing on January 1, 1945, with respect to products of Cuba.
In order to carry out a foreign trade agreement entered into by the President on or after June 12, 1955, and before July 1, 1962, below the applicable alternative specified in subsection (a)(2)(C) or (D) or (4)(A) (subject to the applicable provisions of subsection (a)(3)(B), (C), and (D) and (4)(B) and (C)), each such alternative to be read for the purposes of this paragraph as relating to the rate of duty applicable to products of Cuba. With respect to products of Cuba, the limitation of subsection (a)(2)(D)(ii) or (4)(A)(iii) may be exceeded to such extent as may be required to maintain an absolute margin of preference to which such products are entitled.
In order to carry out a foreign trade agreement entered into after June 30, 1962, and before July 1, 1967, below the lowest rate permissible by applying title II of the Trade Expansion Act of 1962 [19 U.S.C. 1821 et seq.] to the rate of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) existing on July 1, 1962, with respect to such product.
As used in this section, the term “duties and other import restrictions” includes (A) rate and form of import duties and classification of articles, and (B) limitations, prohibitions, charges, and exactions other than duties, imposed on importation or imposed for the regulation of imports.
For purposes of this section—
Except as provided in subsection (d), the terms “existing on July 1, 1934”, “existing on January 1, 1945”, “existing on January 1, 1955”, and “existing on July 1, 1958” refer to rates of duty (however established, and even though temporarily suspended by Act of Congress or otherwise) existing on the date specified, except rates in effect by reason of action taken pursuant to section 1362 of this title.
The term “existing” without the specification of any date, when used with respect to any matter relating to the conclusion of, or proclamation to carry out, a foreign trade agreement, means existing on the day on which that trade agreement is entered into.
When any rate of duty has been increased or decreased for the duration of war or an emergency, by agreement or otherwise, any further increase or decrease shall be computed upon the basis of the post-war or post-emergency rate carried in such agreement or otherwise.
Where under a foreign trade agreement the United States has reserved the unqualified right to withdraw or modify, after the termination of war or an emergency, a rate on a specific commodity, the rate on such commodity to be considered as “existing on January 1, 1945” for the purpose of this section shall be the rate which would have existed if the agreement had not been entered into.
No proclamation shall be made pursuant to this section for the purpose of carrying out any foreign trade agreement the proclamation with respect to which has been terminated in whole by the President prior to July 5, 1945.
It is declared to be the sense of the Congress that the President, during the course of negotiating any foreign trade agreement under this section, should seek information and advice with respect to such agreement from representatives of industry, agriculture, and labor.
Source credit: (June 17, 1930, ch. 497, title III, § 350, as added June 12, 1934, ch. 474, § 1, 48 Stat. 943; amended June 7, 1943, ch. 118, § 2, 57 Stat. 125; July 5, 1945, ch. 269, §§ 2, 3, 59 Stat. 410; Sept. 26, 1949, ch. 585, §§ 4, 6, 63 Stat. 698; June 21, 1955, ch. 169, § 3, 69 Stat. 162; Pub. L. 85–686, § 3, Aug. 20, 1958, 72 Stat. 673; Pub. L. 87–794, title II, § 257(a), (b), Oct. 11, 1962, 76 Stat. 881, 882; Pub. L. 96–39, title II, § 202(a)(3), July 26, 1979, 93 Stat. 202.)
- 1930Enacted · Act of June 17, 1930, ch. 497 · 48 Stat. 943
- 1943Amended · Act of June 7, 1943, ch. 118 · 57 Stat. 125
- 1945Amended · Act of July 5, 1945, ch. 269 · 59 Stat. 410
- 1949Amended · Act of Sept. 26, 1949, ch. 585 · 63 Stat. 698
- 1955Amended · Act of June 21, 1955, ch. 169 · 69 Stat. 162
- 1958Amended · Pub. L. 85-686 · 72 Stat. 673
- 1962Amended · Pub. L. 87-794 · 76 Stat. 881, 882
- 1979Amended · Pub. L. 96-39 · 93 Stat. 202
A history note hasn’t been published yet. The record shows enactment by ch. 497 on 1930-06-17.
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