§1361 — Title 19 Customs Duties | U.S. Code

Summary

When a trade agreement is made that will take effect and it either (1) changes or keeps import duties or limits in a way the U.S. International Trade Commission found would cause or threaten serious harm to U.S. industries that make similar goods, or (2) does not raise duties or add limits enough to prevent that harm, the President must, within thirty days, send Congress a copy of the agreement. He must also say which goods do not meet the Commission’s limits or minimums and explain why he acted that way. If the House or Senate, or both, are not in session, the papers go to the Secretary of the Senate or the Clerk of the House. Right after the President sends the agreement, the U.S. International Trade Commission must promptly give the House Ways and Means Committee and the Senate Finance Committee the parts of its report that discuss the goods that are not in compliance.

Title 19, §1361

Customs Duties — Source: USLM XML via OLRC

(a)Within thirty days after any trade agreement under section 1351 of this title has been entered into which, when effective, will (1) require or make appropriate any modification of duties or other import restrictions, the imposition of additional import restrictions, or the continuance of existing customs or excise treatment, which modification, imposition, or continuance will exceed the limit to which such modification, imposition, or continuance may be extended without causing or threatening serious injury to the domestic industry producing like or directly competitive articles as found and reported by the United States International Trade Commission under section 1360 of this title, or (2) fail to require or make appropriate the minimum increase in duty or additional import restrictions required to avoid such injury, the President shall transmit to Congress a copy of such agreement together with a message accurately identifying the article with respect to which such limits or minimum requirements are not complied with, and stating his reasons for the action taken with respect to such article. If either the Senate or the House of Representatives, or both, are not in session at the time of such transmission, such agreement and message shall be filed with the Secretary of the Senate or the Clerk of the House of Representatives, or both, as the case may be.

(b)Promptly after the President has transmitted such foreign trade agreement to Congress the Commission shall deposit with the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a copy of the portions of its report to the President dealing with the articles with respect to which such limits or minimum requirements are not complied with.

Editorial Notes

Codification Section was not enacted as part of the Tariff Act of 1930 which comprises this chapter.

Amendments

1975—Subsec. (a). Pub. L. 93–618 substituted “United States International Trade Commission” for “Tariff Commission”.

§1361 Action by President; Reports to Congress

Summary

Title 19, §1361

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata