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Title 19 — Customs Duties

Part III · Chapter 4 — Tariff Act of 1930

§ 1352. Equalization of costs of production

Statutory text

(a)

Application to importation of articles under foreign-trade agreement

The provisions of section 1336 of this title shall not apply to any article with respect to the importation of which into the United States a foreign-trade agreement has been concluded pursuant to this part or the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.] or the Trade Act of 1974 [19 U.S.C. 2101 et seq.] or to any provision of any such agreement. The third paragraph of section 1311 of this title shall apply to any agreement concluded pursuant to this part or the Trade Expansion Act of 1962 or the Trade Act of 1974 to the extent only that such agreement assures to the United States a rate of duty on wheat flour produced in the United States which is preferential in respect to the lowest rate of duty imposed by the country with which such agreement has been concluded on like flour produced in any other country; and upon the withdrawal of wheat flour from bonded manufacturing warehouses for exportation to the country with which such agreement has 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 1 shall terminate on the expiration of three years from .2

Footnotes

  1. 1 See References in Text note below.
  2. 2 See Extension of Presidential Authority notes below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 73–474 § 2 · 48 Stat. 943

    Enacted · 19 U.S.C. § 1352

    June 12, 1934, ch. 474, § 2, 48 Stat. 944

    Source evidence

    Code source credit
    June 12, 1934, ch. 474, § 2, 48 Stat. 944

    Enacted provision · exact public law section
    Sec. 2. (a) Subparagraph (d) of paragraph 369, the last sentence of paragraph 1402, and the provisos to paragraphs 371, 401, Equalization of costs of production. Vol. 46, pp. 701, 735. Not applicable when trade agreement concluded. 1650, 1687, and 1803 (1) of the Tariff Act of 1930 are repealed. The provisions of sections 336 and 516(b) of the Tariff Act of 1930 shall not apply to any article with respect to the importation of which into the United States a foreign trade agreement has been concluded pursuant to this Act, or to any provision of any such Flour from imported wheat. Vol. 46, p. 691. agreement. The third paragraph of section 311 of the Tariff Act of 1930 shall apply to any agreement concluded pursuant to this Act to the extent only that such agreement assures to the United States a rate of duty on wheat flour produced in the United States which is preferential in respect to the lowest rate of duty imposed by the country with which such agreement has been concluded on Payment of duty upon withdrawal from bonded warehouse. like flour produced in any other country; and upon the withdrawal of wheat flour from bonded manufacturing warehouses for exportation to the country with which such agreement has 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) Term of agreement. Every foreign trade agreement concluded pursuant to this Act 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) Duration of President’s authority. The authority of the President to enter into foreign trade agreements under section 1 of this Act shall terminate on the expiration of three years from the date of the enactment of this Act.

  2. Public Law not identified

    Substituted · 19 U.S.C. § 1352(a)

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

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a). Act June 16, 1951, substituted “section 1336 of this title” for “sections 1336 and 1516(b) of this title”.

  3. Pub. L. 87–794 title II § 257(d) · 76 Stat. 882

    Inserted · 19 U.S.C. § 1352(a)

    Pub. L. 87–794 inserted “or the Trade Expansion Act of 1962” after “this part” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–794 inserted “or the Trade Expansion Act of 1962” after “this part” in two places.

  4. Trade Act of 1974

    Pub. L. 93–618 title VI § 602(a) · 88 Stat. 1978

    1. Amended · 19 U.S.C. § 1352(a)

      Pub. L. 93–618, as amended by Pub. L. 96–39

    2. Inserted · 19 U.S.C. § 1352(a)

      Pub. L. 93–618, as inserted “or the Trade Act of 1974” after “Act of 1962” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–618, as amended by Pub. L. 96–39, inserted “or the Trade Act of 1974” after “Act of 1962” in two places.

    Enacted provision · exact public law section
    (a) The second and third sentences of section 2(a) of the Act entitled “An Act to amend the Tariff Act of 1930,” approved June 12, 1934, as amended (19 U.S.C. sec. 1352(a)), are each amended by striking out “this Act or the Trade Expansion Act of 1962” and inserting in lieu thereof “this Act or the Trade Expansion Act of 1962 or the Trade Act of 1974”.

  5. Trade Agreements Act of 1979

    Pub. L. 96–39 title XI § 1106(h)(2) · 93 Stat. 144

    Amended · 19 U.S.C. § 1352(a)

    Pub. L. 96–39 amended directory language of Pub. L. 93–618, § 602(a), to correct a typographical error, and did not involve any change in text. See 1975 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–39 amended directory language of Pub. L. 93–618, § 602(a), to correct a typographical error, and did not involve any change in text. See 1975 Amendment note below.

    Enacted provision · exact public law section
    (2) Section 602(a) is amended by striking out “, as amended”. 19 USC 1352. 19 USC 2101 note.

4 of 6 references resolved to an enrolled provision · 1 partial · 1 unresolved

Editorial Notes

References in Text

The Trade Expansion Act of 1962, referred to in subsec. (a), is Pub. L. 87–794, , 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.

The Trade Act of 1974, referred to in subsec. (a), is Pub. L. 93–618, , 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.

Section 1351 of this title, referred to in subsec. (c), was in the original “section 1 of this Act”, meaning section 1 of act , and was translated as referring to section 350 of act , which was enacted by section 1 of act , and is classified to section 1351 of this title.

Amendments1951–1979 · 4 rounds

1979

Subsec. (a). Pub. L. 96–39 amended directory language of Pub. L. 93–618, § 602(a), to correct a typographical error, and did not involve any change in text. See 1975 Amendment note below.

1975

Subsec. (a). Pub. L. 93–618, as amended by Pub. L. 96–39, inserted “or the Trade Act of 1974” after “Act of 1962” in two places.

1962

Subsec. (a). Pub. L. 87–794 inserted “or the Trade Expansion Act of 1962” after “this part” in two places.

1951

Subsec. (a). Act , substituted “section 1336 of this title” for “sections 1336 and 1516(b) of this title”.

Statutory Notes and Related Subsidiaries

Extension of Presidential Authority

Extensions of authority of the President to enter into foreign trade agreements under section 350 of the Tariff Act of 1930 (section 1351 of this title) were contained in the following:

Pub. L. 87–794, title II, § 257(c), , 76 Stat. 882, from close of , until close of .

Pub. L. 85–686, § 2, , 72 Stat. 673, from close of , until close of .

Act June 21, 1955, ch. 169, § 2, 69 Stat. 162, from , until close of .

Act July 1, 1954, ch. 445, § 1, 68 Stat. 360, until one year from .

Act Aug. 7, 1953, ch. 348, title I, § 101, 67 Stat. 472, until one year from .

Act June 16, 1951, ch. 141, § 2, 65 Stat. 72, until two years from .

Act Sept. 26, 1949, ch. 585, § 3, 63 Stat. 698, until three years from .

Act June 26, 1948, ch. 678, § 2, 62 Stat. 1053, until close of ; repealed by act Sept. 26, 1949, ch. 585, § 2, 63 Stat. 698.

Act July 5, 1945, ch. 269, § 1, 59 Stat. 410, until three years from .

Act June 7, 1943, ch. 118, § 1, 57 Stat. 125, until two years from .

Act Apr. 12, 1940, ch. 96, 54 Stat. 107, until three years from .

Act Mar. 1, 1937, ch. 22, 50 Stat. 24, until three years from .

Credits

1934–1979 · 5 acts
  1. 1934June 12, 1934, ch. 474, § 2, 48 Stat. 944
  2. 1951June 16, 1951, ch. 141, § 9(a), 65 Stat. 75
  3. 1962Pub. L. 87–794, title II, § 257(d), , 76 Stat. 882
  4. 1975Pub. L. 93–618, title VI, § 602(a), , 88 Stat. 2072
  5. 1979Pub. L. 96–39, title XI, § 1106(h)(2), , 93 Stat. 313.
Show as published

(June 12, 1934, ch. 474, § 2, 48 Stat. 944; June 16, 1951, ch. 141, § 9(a), 65 Stat. 75; Pub. L. 87–794, title II, § 257(d), , 76 Stat. 882; Pub. L. 93–618, title VI, § 602(a), , 88 Stat. 2072; Pub. L. 96–39, title XI, § 1106(h)(2), , 93 Stat. 313.)

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