19 U.S.C. § 1351
(a) Authority of President; modification and decrease of duties; altering import restrictions
(1) For the purpose of expanding foreign markets for the products of the United States (as a means of assisting in establishing and maintaining a better relationship among various branches of American agriculture, industry, mining, and commerce) by regulating the admission of foreign goods into the United States in accordance with the characteristics and needs of various branches of American production so that foreign markets will be made available to those branches of American production which require and are capable of developing such outlets by affording corresponding market opportunities for foreign products in the United States, the President, whenever he finds as a fact that any existing duties or other import restrictions of the United States or any foreign country are unduly burdening and restricting the foreign trade of the United States and that the purpose above declared will be promoted by the means hereinafter specified, is authorized from time to time—
(2) No proclamation pursuant to paragraph (1)(B) of this subsection shall be made—
(D) In order to carry out a foreign trade agreement entered into by the President on or after , and before , decreasing (except as provided in subparagraph (C) of this paragraph) any rate of duty below the lowest of the following rates:
(3)
(B) In the case of any decrease in duty to which paragraph (2)(D) of this subsection applies—
(D) If (in order to carry out a foreign trade agreement entered into by the President on or after ) the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed any limitation specified in paragraph (2)(C) or (D) or paragraph (4)(A) or (B) of this subsection or subparagraph (B) of this paragraph by not more than whichever of the following is lesser:
In the case of a specific rate (or of a combination of rates which includes a specific rate), the one-half of 1 per centum specified in clause (ii) of the preceding sentence shall be determined in the same manner as the ad valorem equivalent of rates not stated wholly in ad valorem terms is determined for the purposes of paragraph (2)(D)(ii) of this subsection.
(4)
(A) No proclamation pursuant to paragraph (1)(B) of this subsection shall be made, in order to carry out a foreign trade agreement entered into by the President on or after , decreasing any rate of duty below the lowest of the following rates:
The provisions of clauses (ii) and (iii) of this subparagraph and of subparagraph (B)(ii) of this paragraph shall, in the case of any article, subject to a combination of ad valorem rates of duty, apply to the aggregate of such rates; and, in the case of any article, subject to a specific rate of duty or to a combination of rates including a specific rate, such provisions shall apply on the basis of the ad valorem equivalent of such rate or rates, during a representative period (whether or not such period includes ), determined in the same manner as the ad valorem equivalent of rates not stated wholly in ad valorem terms is determined for the purpose of paragraph (2)(D)(ii) of this subsection.
(B)
(b) Cuba; preferential customs treatment; decrease of rates Nothing in this section or the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.] shall be construed to prevent the application, with respect to rates of duty established under this section or the Trade Expansion Act of 1962 pursuant to agreements with countries other than Cuba, of the provisions of the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on , or to preclude giving effect to an agreement with Cuba concluded under this section or the Trade Expansion Act of 1962, modifying the existing preferential customs treatment of any article the growth, produce, or manufacture of Cuba. Nothing in this chapter or the Trade Expansion Act of 1962 shall be construed to preclude the application to any product of Cuba (including products preferentially free of duty) of a rate of duty not higher than the rate applicable to the like products of other foreign countries (except the Philippines), whether or not the application of such rate involves any preferential customs treatment. No rate of duty on products of Cuba shall be decreased—
(c) Definitions
(2) For purposes of this section—
(d) Rate basis for additional increases or decreases; restoration of terminated treaties forbidden
(June 17, 1930, ch. 497, title III, § 350, as added June 12, 1934, ch. 474, § 1, 48 Stat. 943; amended June 7, 1943, ch. 118, § 2, 57 Stat. 125; July 5, 1945, ch. 269, §§ 2, 3, 59 Stat. 410; Sept. 26, 1949, ch. 585, §§ 4, 6, 63 Stat. 698; June 21, 1955, ch. 169, § 3, 69 Stat. 162; Pub. L. 85–686, § 3, , 72 Stat. 673; Pub. L. 87–794, title II, § 257(a), (b), , 76 Stat. 881, 882; Pub. L. 96–39, title II, § 202(a)(3), , 93 Stat. 202.)
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 of 1955 Amendment note set out under section 1654 of this title and Tables.
Paragraph (5) of this subsection, referred to in subsec. (a)(3)(A), was repealed by Pub. L. 87–794, title III, § 257(b), , 76 Stat. 882.
The Trade Expansion Act of 1962, referred to in subsec. (b), is Pub. L. 87–794, , 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.
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), , 76 Stat. 882.
1979—Subsec. (a)(2)(D)(ii). Pub. L. 96–39 struck out reference to standards of valuation contained in section 1402 of this title.
1962—Subsec. (a)(5). Pub. L. 87–794, § 257(b), repealed par. (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 first and second sentences, substituted “1955, and before ” for “1955” in par. (2), and added par. (3).
Subsec. (e). Pub. L. 87–794, § 257(b), repealed 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 ” for “any rate of duty existing on ”, and inserted provisions permitting conversion of a specific rate of duty existing on , 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 ,” after “”, in 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 subpar. (E).
Subsec. (a)(3)(A). Pub. L. 85–686, § 3(a)(5), inserted “and of subparagraph (B) of paragraph 4 of this subsection” after “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)” after “paragraph (2)(C) or (D)”.
Subsec. (a)(4) to (6). Pub. L. 85–686, § 3(a)(7), (8), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.
Subsec. (b). Pub. L. 85–686, § 3(b)(1), substituted “an agreement with Cuba” for “an exclusive agreement with Cuba” in opening par.
Subsec. (b)(2). Pub. L. 85–686, § 3(b)(2), inserted “or (4)(A)” after “subsection (a)(2)(C) or (D)”, “and (4)(B) and (C)” after “subsection (a)(3)(B), (C), and (D)”, and “or (4)(A)(iii)” after “subsection (a)(2)(D)(ii)”.
Subsec. (c)(2)(A). Pub. L. 85–686, § 3(c), defined “existing on ” and “existing on ”.
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 , § 3(a), among other changes, authorized the President to reduce tariff rates existing on 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 , § 3(b), made applicable to Cuban products the new limits of authority to reduce tariffs.
Subsec. (c). Act , § 3(c), designated existing provisions as par. (1) and added par. (2).
Subsec. (e). Act , § 3(d), added subsec. (e).
1949—Subsec. (a). Act , struck out obsolete language referring to the depression which existed at the time of the original enactment of section.
Subsec. (b). Act , substituted period for colon following Cuba, struck out proviso which followed, and inserted in lieu thereof the last two sentences.
1945—Subsec. (a)(2). Act , struck out “existing” after “per centum any”, and inserted “, however established, existing on (even though temporarily suspended by Act of Congress),” after “rate of duty”.
Subsec. (b). Act , struck out “payable” after “That the duties”, and substituted “however established, existing on (even though temporarily suspended by Act of Congress).” for “now payable thereon” in proviso.
Subsec. (d). Act , added subsec. (d).
1943—Subsec. (a)(2). Act , inserted matter within parentheses in proviso.
Amendment by Pub. L. 96–39 effective , see section 204(a) of Pub. L. 96–39, set out as a note under section 1401a of this title.
The treaty concluded between the United States and the Republic of Cuba, on , referred to in subsec. (b) of the text, was terminated , pursuant to notice given by the United States on . See Bevans, Treaties and Other International Agreements of the United States of America, 1776–1949, vol. VI, page 1106.
Pub. L. 87–456, title IV, § 401, , 76 Stat. 78, provided that:
“(a) Cuba is hereby declared to be a nation described in section 5 of the Trade Agreements Extension Act of 1951, as amended (19 U.S.C. 1362, relating to imports from nations and areas dominated or controlled by the foreign government or foreign organization controlling the world Communist movement). Articles which are—
- “(1) the growth, produce, or manufacture of Cuba, and
- “(2) imported on or after the date of enactment of this Act [],
shall be denied the benefits of concessions contained in any trade agreement entered into under the authority of section 350 of the Tariff Act of 1930, as amended (19 U.S.C. 1351).
- “(b) Nothing in subsection (a) shall affect the rates of duty or the customs or excise treatment of articles the growth, produce, or manufacture of any country other than Cuba.
- “(c) Subsection (a) shall not apply on or after the date on which the President proclaims that he has determined that Cuba is no longer dominated or controlled by the foreign government or foreign organization controlling the world Communist movement.
- “(d) The Act of (19 U.S.C. 124, 125), and section 316 of the Tariff Act of 1930, as amended (19 U.S.C. 1316), both relating to the implementation of the treaty with Cuba concluded on , shall not apply during the period during which subsection (a) applies.”
Pub. L. 85–686, § 10, , 72 Stat. 680, provided that:
“The enactment of this Act [enacting
section 1335 of this title, amending sections 1333, 1336, 1337, 1351, 1352a, 1360 and 1364 of this title, and enacting notes set out under sections 1351 and 1352 of this title] shall not be construed to determine or indicate the approval or disapproval by the Congress of the executive agreement known as the General Agreement on Tariffs and Trade.”
Act Aug. 2, 1956, ch. 887, § 2(e), 70 Stat. 946, provided that:
“In any action relating to tariff adjustments by executive action, including action taken pursuant to section 350 of the Tariff Act of 1930, as amended [this section] the United States Tariff Commission [now United States International Trade Commission] and each officer of the executive branch of the Government concerned shall give full consideration to any reduction in the level of tariff protection which has resulted or is likely to result from the amendment of section 402 of the Tariff Act of 1930 made by this Act [sections 1401a and 1402 of this title].”
Section 2(e) of act , effective only as to articles entered, or withdrawn from warehouse, for consumption on or after thirtieth day following publication of the final list provided for in section 6(a) of said act , set out in note under section 1402 of this title, see note set out under section 1401a of this title.
Act Aug. 7, 1953, ch. 348, title III, §§ 301–310, 67 Stat. 473–475, as amended by Pub. L. 89–554, § 8(a), , 80 Stat. 657, provided for the establishment of a Commission on Foreign Economic Policy to examine and report on the subjects of international trade and its enlargement consistent with a sound domestic economy, our foreign economic policy, and the trade aspects of our national security and total foreign policy, and to recommend appropriate policies and measures. The Commission was to submit a report on its findings within 60 days after the second session of the 83rd Congress was convened, and was to expire 90 days after the submission of its report to Congress.
For extensions of authority of President to enter into trade agreements under this section, up until close of , see notes under section 1352 of this title.
For provisions relating to the administration of the trade agreements program, see Ex. Ord. No. 11846, , 40 F.R. 14291, set out as a note under section 2111 of this title.
Ex. Ord. No. 9832, , 12 F.R. 1363, revoked by Ex. Ord. No. 10004, , 13 F.R. 5851.
Ex. Ord. No. 10004, , 13 F.R. 5851, superseded by Ex. Ord. No. 10082, , 14 F.R. 6105.
Ex. Ord. No. 10082, , 14 F.R. 6105, as amended by Ex. Ord. No. 10170, , 15 F.R. 6901, which related to administrative procedures for reciprocal trade-agreements program, was revoked by Ex. Ord. No. 11075, , 28 F.R. 473, set out as a note under section 1801 of this title.
Ex. Ord. No. 10741, , 22 F.R. 9451, which established the Trade Policy Committee, was revoked by Ex. Ord. No. 11075, , 28 F.R. 473, set out as a note under section 1801 of this title.