Pub. L. 85-686, § 3, 72 Stat. 673; Oct. 11, 1962, Pub. L. 87-794, title II, § 257(a), (b), 76 Stat. 881, 882.)

REFERENCES IN TEXT

The Trade Agreements Extension Act of 1955, referred to in subsec. (a)(1)(A), is act June 21, 1955, ch. 169, 69 Stat. 162, which is classified to sections 1351(a), (b), (c), (e), 1352(c), 1352a, 1363(b), and 1364(a), (b), (e) of this title. For complete classification of this Act to the Code, see Short Title note set out under this section and Tables volume.

Paragraph (5) of this subsection, referred to in subsec. (a)(3)(A), was repealed by Pub. L. 87-794, title III, § 257(b), Oct. 11, 1962, 76 Stat. 882.

The Trade Expansion Act of 1962, referred to in subsec. (b), is Pub. L. 87-794, Oct. 11, 1962, 76 Stat. 872, which is classified generally to chapter 7 (§ 1801 et seq.) of this title. Title II of the Trade Expansion Act of 1962, also referred to in subsec. (b), is classified generally to subchapter II (§ 1821 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables volume.

Section 1362 of this title, referred to in subsec. (c)(2)(A), related to suspension or withdrawal of concessions from Communistic areas and was repealed by Pub. L. 87-794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882.

AMENDMENTS

1962-Subsec. (a)(5). Pub. L. 87-794, § 257(b), repealed subsec. (a)(5), which provided that, subject to the provisions of section 1362 of this title, duties and other import restrictions proclaimed pursuant to this section shall apply to all articles the growth, produce, or manufacture of all foreign countries, whether imported directly or indirectly, and required the President to suspend the application to articles the growth, produce, or manufacture of any country because of its discriminatory treatment of American commerce or because of other acts (including the operations of international cartels) or policies which in his opinion tend to defeat the purposes of this section.

Subsec. (b). Pub. L. 87-794, § 257(a), inserted references to the Trade Expansion Act of 1962 in the first and second sentences, substituted "1955, and before July 1, 1962" for "1955" in par. (2), and added par. (3). Subsec. (e). Pub. L. 87-794, § 257(b), repealed former subsec. (e), which related to reports to Congress by the President and the Tariff Commission.

1958-Subsec. (a)(2)(A). Pub. L. 85-686, § 3(a)(1), substituted "any rate of duty existing on July 1, 1934" for "any rate of duty existing on July 1, 1945", and inserted provisions permitting conversion of a specific rate of duty existing on July 1, 1934, to its ad valorem equivalent, and allowing an ad valorem rate of duty not in excess of 50 per centum above such ad valorem equivalent.

Subsec. (a)(2)(D). Pub. L. 85-686, § 3(a)(2), (3), inserted "and before July 1, 1958," following "June 12, 1955", in the opening par., and substituted "section 1401a or 1402 of this title (as in effect, with respect to the article concerned," for "section 1402 of this title (as in effect".

Subsec. (a)(2)(E). Pub. L. 85-686, § 3(a)(4), added subsec. (a)(2)(E).

Subsec. (a)(3)(A). Pub. L. 85-686, § 3(a)(5), inserted "and of subparagraph (B) of paragraph 4 of this subsection" following "subparagraphs (B) and (C) of this paragraph", and substituted "suspension under paragraph (5)" for "suspension under paragraph (4)”.

Subsec. (a)(3)(D). Pub. L. 85-686, § 3(a)(6), inserted "or paragraph (4)(A) or (B)" following "paragraph (2)(C) or (D)".

Subsec. (a)(4). Pub. L. 85-686, § 3(a)(8), added subsec. (a)(4).

Subsecs. (a)(5) and (a)(6), formerly (a)(4) and (a)(5), so designated by Pub. L. 85-686, § 3(a)(7).

Subsec. (b). Pub. L. 85-686, § 3(b)(1), substituted "an agreement with Cuba" for "an exclusive agreement with Cuba" in the opening paragraph.

Subsec. (b)(2). Pub. L. 85-686, § 3(b)(2), inserted "or (4)(A)" following "subsection (a)(2)(C) or (D)", "and (4)(B) and (C)" following "subsection (a)(3)(B), (C), and (D)", and "or (4)(A)(iii)" following "subsection (a)(2)(D)(ii)”.

Subsec. (c)(2)(A). Pub. L. 85-686, § 3(c), defined the terms "existing on July 1, 1934" and "existing on July 1, 1958".

Subsec. (e)(1). Pub. L. 85-686, § 3(d), provided for the inclusion in the report of the results of action taken to obtain removal of foreign trade restrictions (including discriminatory restrictions) against United States exports, remaining restrictions, and the measures available to seek their removal in accordance with the objectives of this section.

Subsec. (f). Pub. L. 85-686, § 3(e) added subsec. (f). 1955-Subsec. (a). Act June 21, 1955, § 3(a), among other changes, authorized the President to reduce tariff rates existing on January 1, 1955 by a total of 15 percent in stages of not more than 5 percent of such rates, or to reduce those rates which are higher than 50 percent of the value of an import to a rate not less than 50 percent, in stages of not more than one-third of the reduction in any one year.

Subsec. (b). Act June 21, 1955, § 3(b), made applicable to Cuban products the new limits of authority to reduce tariffs.

Subsec. (c). Act June 21, 1955, §3(c), designated former subsec. (c) as subd. (1), and added subd. (2). Subsec. (e). Act June 21, 1955, § 3(d), added subsec.

(e).

1949-Subsec. (a). Act Sept. 26, 1949, deleted obsolete language referring to the depression which exist. ed at the time of the original enactment of section.

Subsec. (b). Act Sept. 26, 1949, substituted period for colon following Cuba, deleted the proviso which followed, and inserted in lieu thereof the last two sentences.

1945-Subsec. (a)(2). Act July 5, 1945, omitted "existing" following "per centum any", and added however established, existing on January 1, 1945 (even though temporarily suspended by Act of Congress)," following "rate of duty".

Subsec. (b). Act July 5, 1945, struck out "payable" following "That the duties", and substituted "however established, existing on January 1, 1945 (even though temporarily suspended by Act of Congress)." for "now payable thereon" in the proviso.

Subsec. (d). Act July 5, 1945, added subsec. (d). 1943-Subsec. (a)(2). Act June 7, 1943, inserted matter within parentheses in proviso.

SHORT TITLE

Pub. L. 85-686, § 1, provided that: "This Act [adding section 1335 of this title, amending sections 1333, 1336, 1337, 1351, 1352a, 1360, and 1364 of this title, and enacting provisions set out as notes under sections 1351 and 1352 of this title] may be cited as the 'Trade Agreements Extension Act of 1958'."

Act June 21, 1955, § 1, provided that: "This Act [amending sections 1351, 1352, 1352a, 1363, and 1364 of this title] may be cited as the "Trade Agreements Extension Act of 1955'."

Act Sept. 26, 1949, § 1, provided that: "That Act [amending sections 1351, 1352, and 1354 of this title, and repealing sections 1357 to 1359 of this title] may be cited as the 'Trade Agreements Extension Act of

1949'."

TREATY BETWEEN UNITED STATES AND CUBA The treaty concluded between the United States and the Republic of Cuba, on Dec. 11, 1902, referred to in subsec. (b) of the text, was terminated Aug. 21, 1963, pursuant to notice given by the United States on Aug. 21, 1962. See Bevans, Treaties and Other International Agreements of the United States of America, 17761949, vol. VI, page 1106.

been concluded, there shall be levied, collected, and paid on the imported wheat used, a duty equal to the amount of such assured preference.

(b) Termination of foreign trade agreement

Every foreign trade agreement concluded pursuant to this part shall be subject to termination, upon due notice to the foreign government concerned, at the end of not more than three years from the date on which the agreement comes into force, and, if not then terminated, shall be subject to termination thereafter upon not more than six months' notice. (c) Termination of authority of President

The authority of the President to enter into foreign trade agreements under section 1351 of this title shall terminate on June 30, 1958.

(June 12, 1934, ch. 474, § 2, 48 Stat. 944; Mar. 1, 1937, ch. 22, 50 Stat. 24; Apr. 12, 1940, ch. 96, 54 Stat. 107; June 7, 1943, ch. 118, § 1, 57 Stat. 125; July 5, 1945, ch. 269, § 1, 59 Stat. 410; Sept. 26, 1949, ch. 585, § 3, 63 Stat. 698; June 16, 1951, ch. 141, §§ 2, 9(a), 65 Stat. 72, 75; Aug. 7, 1953, ch. 348, title I, § 101, 67 Stat. 472; July 1, 1954, ch. 445, § 1, 68 Stat. 360; June 21, 1955, ch. 169, § 2, 69 Stat. 162; Oct. 11, 1962, Pub. L. 87-794, title II, § 257(d), 76 Stat. 882; Jan. 3, 1975, Pub. L. 93-618, title VI, § 602(a), 88 Stat. 2072.)

REFERENCES IN TEXT

The Trade Expansion Act of 1962, referred to in subsec. (a), is Pub. L. 87-794, Oct. 11, 1962, 76 Stat. 872, which is classified generally to chapter 7 (§ 1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables volume.

The Trade Act of 1974, referred to in subsec. (a), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables volume.

AMENDMENTS

1975-Subsec. (a). Pub. L. 93-618 added reference to the Trade Act of 1974.

1962-Subsec. (a). Pub. L. 87-794 inserted references to agreements concluded pursuant to the Trade Expansion Act of 1962.

1955-Subsec. (c). Act June 21, 1955, extended the President's authority from June 12, 1955, to June 30, 1958.

1954-Subsec. (c). Act July 1, 1954, extended the President's authority from June 12, 1954, to June 12, 1955.

1953-Subsec. (c). Act Aug. 7, 1953, extended the President's authority from June 12, 1953, to June 12, 1954.

1951-Subsec. (a). Act June 16, 1951, substituted "section 1336 of this title" for "sections 1336 and 1516(b) of this title".

Subsec. (c). Act June 16, 1951, extended President's authority from June 12, 1951, to June 12, 1953.

1949-Subsec. (c). Act Sept. 26, 1949, § 3, extended President's authority from June 12, 1948, to June 12, 1951.

1945-Subsec. (c). Act. July 5, 1945, extended the President's authority from 1945 to 1948.

1943-Subsec. (c). Joint Res. June 7, 1943, extended the President's authority from 1943 to 1945.

1940-Subsec. (c), Joint Res. Apr. 12, 1940, extended the President's authority from June 12, 1940, to June 12, 1943.

1937-Subsec. (c). Act Mar. 1, 1937, substituted "1937" for "1934".

SHORT TITLE

Act Aug. 7, 1953, §1, provided: "That this Act [amending this section, sections 1330, and 1364 of this title, and section 624 of Title 7, Agriculture, and provi. sions set out as notes under section 1351, 1364, and section 1366 of this title] may be cited as the "Trade Agreements Extension Act of 1953'."

REPEALS

Act Sept. 26, 1949, § 2, repealed act June 26, 1948, ch. 678, § 2, 62 Stat. 1053, which had extended the President's authority from June 12, 1948 until the close of June 30, 1949.

EXTENSION OF PRESIDENTIAL AUTHORITY

Section 257(c) of Pub. L. 87-794 extended the authority of the President to enter into foreign trade agreements under section 350 of the Tariff Act of 1930 (section 1351 of this title from the close of June 30, 1962, until the close of December 31, 1962.

Section 2 of Pub. L. 85-686, Aug. 20, 1958, 72 Stat. 673, extended the authority of the President to enter into foreign trade agreements under section 350 of the Tariff Act of 1930 (section 1351 of this title) from the close of June 30, 1958, until the close of June 30, 1962.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1360, 1366 of this title.

§ 1352a. Repealed. Pub. L. 87-794, title II, § 257(f), Oct. 11, 1962, 76 Stat. 882

Section, acts July 1, 1954, ch. 445, § 2, 68 Stat. 360; June 21, 1955, ch. 169, § 7, 69 Stat. 166; Aug. 20, 1958, Pub. L. 85-686, § 8(a), 72 Stat. 678, related to restriction on decrease of duties, impairment of national security, investigations and reports, and reports to Congress. See section 1801 et seq. of this title.

ACTIONS COMMENCED PRIOR TO OCTOBER 11, 1962 Section 257(f) of Pub. L. 87-794 provided in part that: "Any action (including any investigation begun) under section 2 [section 1352a of this title] before the date of the enactment of this Act [Oct. 11, 1962] shall be considered as having been taken or begun under section 232 [section 1862 of this title].”

§ 1353. Indebtedness of foreign countries, effect on

Nothing in this part shall be construed to give any authority to cancel or reduce, in any manner, any of the indebtedness of any foreign country to the United States.

(June 12, 1934, ch. 474, § 3, 48 Stat. 944.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1304 of this title.

§ 1354. Notice of intention to negotiate agreement; opportunity to be heard; President to seek informa. tion and advice

Before any foreign trade agreement is concluded with any foreign government or instrumentality thereof under the provisions of this part, reasonable public notice of the intention to negotiate an agreement with such government or instrumentality shall be given in order that any interested person may have an opportunity to present his views to the President, or to such agency as the President may designate, under such rules and regulations as the Presi dent may prescribe; and before concluding such agreement the President shall request the International Trade Commission to make the investigation and report provided for by section

AMENDMENTS

1951-Act June 16, 1951, provided that the President request the Tariff Commission to make the investigation and report.

1949-Act Sept. 26, 1949, §5, changed the Tariff Commission's functions under these sections from investigatory to advisory functions.

1945-Act July 5, 1945, inserted "War, Navy," following "Departments of State".

CHANGE OF NAME

The United States Tariff Commission was renamed the United States International Trade Commission by Pub. L. 93-618, title I, § 171, Jan. 3, 1975, 88 Stat. 2009, which is classified to section 2231 of this title.

The National Military Establishment was changed to the Department of Defense by act Aug. 10, 1949.

REPEALS

Act Sept. 26, 1949, § 2, repealed act June 26, 1948, ch. 678, § 3(c), 62 Stat. 1054, formerly credited to section.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1304, 1360, 1366 of this title.

88 1355, 1356. Repealed. Pub. L. 89-23, §7, May 22, 1965, 79 Stat. 113

Sections, act Apr. 11, 1941, ch. 59, §§ 1, 2, 55 Stat. 133, 134, related to the importation of coffee under Inter-American Coffee Agreement, and are now covered by sections 1356a to 1356e of this title.

EFFECTIVE DATE OF REPEAL

Sections repealed effective May 22, 1965, the date the President made the determination required by section 8 of Pub. L. 89-23, set out as a note under section 1356a of this title.

§ 1356a. Importation of coffee under International Coffee Agreement, 1962; Presidential powers and duties

On and after the entry into force of the International Coffee Agreement, 1962, and for such period prior to October 1, 1968, as the agreement remains in effect, or until the Congress by concurrent resolution determines that an unwarranted increase in the price of coffee has occurred, the President is authorized, in order to carry out the provisions of that agreement

(1) to regulate the entry of coffee for consumption, or withdrawal of coffee from warehouse for consumption, including (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 by a certificate of origin or a certificate of reexport,

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 certificate of origin or a 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.

(Pub. L. 89-23, § 2, May 22, 1965, 79 Stat. 112.)

CODIFICATION

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

EFFECTIVE DATE

Section 8 of Pub. L. 89-23 provided that: "This Act [enacting sections 1356a to 1356e of this title and repealing sections 1355 and 1356 of this title] will not become effective until the President makes a determination and reports the determination to the Congress that, in his judgment, it will not result in an unwarranted increase in coffee prices to United States consumers."

On May 22, 1965, the President determined that, in his judgment, the International Coffee Agreement Act of 1965, sections 1356a to 1356e of this title, will not result in an unwarranted increase in coffee prices to United States consumers. The determination is published in 30 F.R. 7095.

SHORT TITLE

Section 1 of Pub. L. 89-23 provided: "That this Act [enacting sections 1356a to 1356e of this title and repealing sections 1355 and 1356 of this title] may be cited as the 'International Coffee Agreement Act of 1965'."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1356b, 1356c, 1356e of this title.

CODIFICATION

EFFECTIVE DATE

§ 1356c. Delegation of Presidential powers and duties; protection of interests of United States consum

ers

The President may exercise any powers and duties conferred on him by sections 1356a to 1356e of this title through such agency or officer as he shall direct. The powers and duties conferred by sections 1356a to 1356e of this title shall be exercised in the manner the President considers appropriate to protect the interests of United States consumers.

(Pub. L. 89-23, § 4, May 22, 1965, 79 Stat. 112.)

CODIFICATION

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

EFFECTIVE DATE

Section effective May 22, 1965, see section 8 of Pub. L. 89-23, set out as an Effective Date note under section 1356a of this title.

EXECUTIVE ORDER NO. 11229

Ex. Ord. No. 11229, June 14, 1965, 30 F.R. 7741, formerly set out as a note under this section, which provided for United States participation in the International Coffee Organization, was revoked by Ex. Ord. No. 11449, Jan. 17, 1969, 34 F.R. 917, set out as a note under section 1356h of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1356c, 1356e of this title.

§ 1356d. Report to the Congress

The President shall submit to the Congress an annual report on the International Coffee Agreement, 1962. Such report shall contain full information on the operation of such agreement, including full information with respect to the general level of prices of coffee. The report shall also include a summary of the actions the United States and the International Coffee Organization have taken to protect the interests of United States consumers. Such annual report shall be submitted not later than January 15 of each year. The first such report shall be submitted not later than January 15, 1966. (Pub. L. 89-23, § 5, May 22, 1965, 79 Stat. 113.)

CODIFICATION

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

EFFECTIVE DATE

Section effective May 22, 1965, see section 8 of Pub. L. 89-23, set out as an Effective Date note under section 1356a of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1356c, 1356e of this title.

§ 1356e. Authorization of appropriations; limitation on United States contribution for administration of agreement

There are hereby authorized to be appropriated from time to time such sums as may be necessary to carry out the provisions of sections 1356a to 1356e of this title, including the necessary expenses and contributions of the United States in connection with the administration of the International Coffee Agreement, 1962. The

amount of the contributions of the United States to administer the agreement for any period shall not exceed 20 per centum of the total contributions assessed for such period to administer the agreement, nor shall such amount exceed $150,000 for any fiscal year. (Pub. L. 89-23, § 6, May 22, 1965, 79 Stat. 113.) CODIFICATION

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

EFFECTIVE DATE

Section effective May 22, 1965, see section 8 of Pub. L. 89-23, set out as an Effective Date note under section 1356a of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1356c of this title.

§ 1356f. Importation of coffee under International Coffee Agreement, 1968; Presidential powers and duties

On and after the entry into force of the International Coffee Agreement, 1968, and for such period prior to October 1, 1973, as the agreement remains in effect, 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 (A) the limitation of entry, or withdrawal from warehouse, of coffee imported from countries which are not members of the International Coffee Organization, (B) the prohibition of entry of any shipment from any member of the International Coffee Organization of coffee which is not accompanied by a valid certificate of origin or a valid certificate of reexport, issued by a qualified agency in such form as required under the agreement, and (C) the imposition of special fees or such other measures as he deems appropriate to offset discriminatory treatment by other governments in favor of the export or reexport of processed coffee;

(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 quali fied 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.

(Pub. L. 90-634, title III, § 302, Oct. 24, 1968, 82 Stat. 1348; Pub. L. 91-694, § 1, Jan. 12, 1971, 84 Stat. 2077; Pub. L. 92-262, Mar. 24, 1972, 86

Stat. 113.)