§1981 General authority

Summary

After the International Trade Commission finds that imports are seriously hurting an industry, the President can raise or add duties or other import limits to stop or fix the harm. If the President does not act within 60 days after getting that finding, he must tell both Houses of Congress why. Then, if both Houses pass a concurrent resolution by majority within 60 days after that report approving the increase or limit, it takes effect and the President must proclaim it within 15 days. The President can ask the Commission for more information within 60 days, and the Commission must give a supplemental report within 120 days; the date the President gets that report starts a new 60-day period. Any duty increase cannot be more than 50 percent above the rate that was in effect on July 1, 1934, or, if there was no rate then, the rate in effect when the proclamation is made. If an article was duty-free, any new duty cannot be more than 50 percent ad valorem. The President can cut back or end the measures early if he decides it is in the national interest after getting advice from the Commission and the Secretaries of Commerce and Labor. Unless extended by law, the measures end no later than four years after they start (or five years for certain earlier types of proclamations) or October 11, 1962, whichever is later. While any measure is in effect, the Commission must watch the industry, send yearly reports, hold hearings, and advise the President on the likely economic effects of reducing or ending the measures, using relevant factors like idle plants, low profits, and unemployment. Trade agreements must allow these actions.