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Title 19, Customs DutiesRelease 119-110

§1821 Basic Authority for Trade Agreements

Title 19 › CHAPTER 7 — TRADE EXPANSION PROGRAM › SUBCHAPTER II — TRADE AGREEMENTS › Part I — General Authority › § 1821

Last updated Sep 22, 2026|Official source

Summary

The President may, if he finds that U.S. trade is being unfairly harmed and that doing so would help meet any purpose listed in section 1801, make trade agreements with foreign countries after June 30, 1962 and before July 1, 1967. He can then announce changes to import duties or rules to carry out those agreements, including keeping or changing duty-free or excise treatments or adding other import limits. Those announcements cannot cut any duty below 50 percent of the rate in effect on July 1, 1962, and cannot raise or impose any duty more than 50 percent above the rate in effect on July 1, 1934.

Full Legal Text

Title 19, §1821

Customs Duties, Source: USLM XML via OLRC

(a)Determination by President; trade agreements; modification or continuance of existing duties
Whenever the president determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that any of the purposes stated in section 1801 of this title will be promoted thereby, the President may—
(1)after June 30, 1962, and before July 1, 1967, enter into trade agreements with foreign countries or instrumentalities thereof; and
(2)proclaim such modification or continuance of any existing duty or other import restriction, such continuance of existing duty-free or excise treatment, or such additional import restrictions, as he determines to be required or appropriate to carry out any such trade agreement.
(b)Restrictions on decrease or increase in rate of duty
Except as otherwise provided in this subchapter, no proclamation pursuant to subsection (a) shall be made—
(1)decreasing any rate of duty to a rate below 50 percent of the rate existing on July 1, 1962; or
(2)increasing any rate of duty to (or imposing) a rate more than 50 percent above the rate existing on July 1, 1934.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Wood-Wind and Parts of Wood-Wind Instruments Pub. L. 90–234, § 2(b)(2), Dec. 30, 1967, 81 Stat. 752, provided that: “The

Amendments

made by the first section of this Act, insofar as such

Amendments

relate to items 725.24 and 726.70 of the Tariff Schedules of the United States, shall not affect the authority of the President contained in section 201(a)(2) of the Trade Expansion Act of 1962 [subsec. (a)(2) of this section].” Dicyandiamide and Limestone: Duty-Free EntryDuty-free treatment pursuant to this chapter of dicyandiamide in item 425.40 and limestone when imported for use in manufacture of cement in item 513.34 of the Tariff Schedules of the United States, by provision for non-application of subsec. (b)(1) of this section, see section 1823 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 1821

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110