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Title 19, Customs DutiesRelease 119-110

§1361 Action by President; Reports to Congress

Title 19 › CHAPTER 4 — TARIFF ACT OF 1930 › SUBTITLE II — SPECIAL PROVISIONS › Part III — Promotion of Foreign Trade › § 1361

Last updated Sep 22, 2026|Official source

Summary

The President must send Congress a copy of any trade agreement within 30 days when that agreement would change import duties or other import limits in a way that, as found by the U.S. International Trade Commission under section 1360, could cause or threaten serious harm to a U.S. industry, or when the agreement fails to raise duties or restrictions enough to avoid that harm. The President’s message must name the affected product(s) and explain the reasons. If either House is not in session, the documents go to the Secretary of the Senate or the Clerk of the House. After the President sends the agreement, the U.S. International Trade Commission must promptly give the House Committee on Ways and Means and the Senate Committee on Finance the parts of its report to the President that discuss those affected products.

Full Legal Text

Title 19, §1361

Customs Duties, Source: USLM XML via OLRC

(a)Transmittal by President of trade agreement and message to Congress
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)Transmittal by Commission of copy of report to the President to Congressional committees
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.

Legislative History

Notes & Related Subsidiaries

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”.

Reference

Citations & Metadata

Citation

19 U.S.C. § 1361

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110