PRIA, Government Policy, Made Personal

Summary

From when the 1983 International Coffee Agreement takes effect until October 1, 1989, the President may control how coffee moves into, out of, and through the United States to enforce that agreement. The President may limit or stop coffee entering the country or leaving warehouses, especially when quotas apply, and can restrict imports from countries that are not members of the International Coffee Organization. Shipments from ICO members must come with a valid certificate (for origin, reexport, reshipment, or transit). All U.S. exports or reexports must have a valid U.S. certificate. The President can also require records and reports about coffee trade, prices, and use, and make other rules needed to meet the agreement.

Title 19, §1356k

Customs Duties, Source: USLM XML via OLRC

On and after the entry into force of the International Coffee Agreement, 1983, and before October 1, 1989, the President is authorized, in order to carry out and enforce the provisions of that agreement—

(1)to regulate the entry of coffee for consumption, or withdrawal of coffee from warehouse for consumption, or any other form of entry or withdrawal of coffee such as for transportation or exportation, including whenever quotas are in effect pursuant to the agreement, (A) the limitation of entry, or withdrawal from warehouse, of coffee imported from countries which are not members of the International Coffee Organization, and (B) the prohibition of entry of any shipment from any member of the International Coffee Organization of coffee which is not accompanied either by a valid certificate of origin, a valid certificate of reexport, a valid certificate of reshipment, or a valid certificate of transit, issued by a qualified agency in such form as required under the agreement;

(2)to require that every export or reexport of coffee from the United States shall be accompanied by a valid certificate of origin or a valid certificate of reexport, issued by a qualified agency of the United States designated by him, in such form as required under the agreement;

(3)to require the keeping of such records, statistics, and other information, and the rendering of such reports, relating to the importation, distribution, prices, and consumption of coffee as he may from time to time prescribe; and

(4)to take such other action, and issue and enforce such rules and regulations, as he may consider necessary or appropriate in order to implement the obligations of the United States under the agreement.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The International Coffee Agreement, 1983, referred to in text, was entered into force for the United States provisionally Oct. 1, 1983, and definitively Sept. 11, 1985. Codification Section was enacted as part of the International Coffee Agreement Act of 1980, and not as part of the Tariff Act of 1930 which comprises this chapter.

Amendments

1988—Pub. L. 100–418 substituted “

October 1, 1989” for “

October 1, 1986”. 1983—Pub. L. 98–120 in provisions preceding par. (1) substituted “, 1983” for “1976” and “before

October 1, 1986” for “for such period prior to

October 1, 1983 as the agreement remains in effect”. Pub. L. 97–446 substituted “

October 1, 1983” for “the expiration of this joint resolution”. 1982—Pub. L. 97–276 substituted “the expiration of this joint resolution” for “

October 1, 1982”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1988 Amendment Pub. L. 100–418, title I, § 1123(b), Aug. 23, 1988, 102 Stat. 1146, provided that: “The amendment made by subsection (a) [amending this section] shall take effect January 1, 1987.”

Short Title

Pub. L. 96–599, § 1, Dec. 24, 1980, 94 Stat. 3491, provided that: “This Act [enacting this section and sections 1356l to 1356n of this title] may be cited as the ‘International Coffee Agreement Act of 1980’.”

§1356k Importation of Coffee Under International Coffee Agreement, 1983; Presidential Powers and Duties