§1360 — Title 19 Customs Duties | U.S. Code

Summary

Before the President begins talks on a proposed foreign trade agreement, he must give the U.S. International Trade Commission a list of imported products to consider for changing duties or import limits, adding new import limits, or keeping current customs or excise rules. The Commission must investigate each item and report to the President within six months. The report must say how much changes or restrictions can be made without causing or threatening serious harm to U.S. industries that make similar products. If higher duties or extra import rules are needed to avoid serious harm, the report must say the minimum increases required. No trade agreement may be made until the Commission reports or the six months end. During its investigation the Commission must hold public hearings with notice and let interested parties attend, give evidence, and speak. If the Commission finds an item that already had a tariff concession needs higher duties or new limits to avoid serious harm, it must start a separate investigation. In each investigation the Commission must, for the last calendar year before the investigation, try to determine the average invoice price by country at which the foreign product was sold for export to the United States (converted into U.S. dollars) and the average wholesale prices of similar U.S. products in the main U.S. markets. The Commission must also estimate the maximum yearly import increase that can occur without causing serious harm and ask federal departments and agencies for price and economic data from the main supplying foreign country.

Title 19, §1360

Customs Duties — Source: USLM XML via OLRC

(a)Before entering into negotiations concerning any proposed foreign trade agreement under section 1351 of this title, the President shall furnish the United States International Trade Commission (hereinafter in section 1352(a), (c), 1354, and 1360 to 1367 of this title, and section 624(b) of title 7, referred to as the “Commission”) with a list of all articles imported into the United States to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment. Upon receipt of such list the Commission shall make an investigation and report to the President the findings of the Commission with respect to each such article as to (1) the limit to which such modification, imposition, or continuance may be extended in order to carry out the purpose of said section without causing or threatening serious injury to the domestic industry producing like or directly competitive articles; and (2) if increases in duties or additional import restrictions are required to avoid serious injury to the domestic industry producing like or directly competitive articles the minimum increases in duties or additional import restrictions required. Such report shall be made by the Commission to the President not later than six months after the receipt of such list by the Commission. No such foreign trade agreement shall be entered into until the Commission has made its report to the President or until the expiration of the six-month period.

(b)(1)In the course of any investigation pursuant to this section the Commission shall hold hearings and give reasonable public notice thereof, and shall afford reasonable opportunity for parties interested to be present, to produce evidence, and to be heard at such hearings. If in the course of any such investigation the Commission 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 excluding other factors, ascertain for the last calendar year preceding the investigation the average 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 practicable, 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 request the executive departments and agencies for information in their possession concerning prices and other economic data from the principal supplier foreign country of each such article.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Sections 1362 to 1365 of this title, included in the reference 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 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. Section is comprised of subsecs. (a) and (b) of section 3 of act

June 16, 1951. Subsec. (c) of the 1951 act amended section 1354 of this title. In subsec. (b)(2), “section 5151 of title 31” was substituted 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 existing provisions as par. (1), inserted provision to require the Commission to promptly institute an investigation 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 required to avoid serious injury to the domestic industry producing like or directly competitive articles, and added par. (2).

§1360 Investigation before trade negotiations