Editorial Notes
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), (span), (c), (e), 1352(c), 1352a, 1363(span), and 1364(a), (span), (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 (a)(3)(A), was repealed by Puspan. L. 87–794, title III, § 257(span), Oct. 11, 1962, 76 Stat. 882.

The Trade Expansion Act of 1962, referred to in subsec. (span), is Puspan. 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. (span), 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 (c)(2)(A), related to suspension or withdrawal of concessions from Communistic areas and was repealed by Puspan. L. 87–794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882.

Amendments

1979—Subsec. (a)(2)(D)(ii). Puspan. L. 96–39 struck out reference to standards of valuation contained in section 1402 of this title.

1962—Subsec. (a)(5). Puspan. L. 87–794, § 257(span), repealed par.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. (span). Puspan. L. 87–794, § 257(a), inserted references to the Trade Expansion Act of 1962 in first and second sentences, substituted “1955, and before July 1, 1962” for “1955” in par. (2), and added par. (3).

Subsec. (e). Puspan. L. 87–794, § 257(span), repealed subsec. (e) which related to reports to Congress by the President and the Tariff Commission.

1958—Subsec. (a)(2)(A). Puspan. 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). Puspan. L. 85–686, § 3(a)(2), (3), inserted “and before July 1, 1958,” after “June 12, 1955”, 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). Puspan. L. 85–686, § 3(a)(4), added subpar. (E).

Subsec. (a)(3)(A). Puspan. 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). Puspan. L. 85–686, § 3(a)(6), inserted “or paragraph (4)(A) or (B)” after “paragraph (2)(C) or (D)”.

Subsec. (a)(4) to (6). Puspan. L. 85–686, § 3(a)(7), (8), added par. (4) and redesignated former pars. (4) and (5) as (5) and (6), respectively.

Subsec. (span). Puspan. L. 85–686, § 3(span)(1), substituted “an agreement with Cuba” for “an exclusive agreement with Cuba” in opening par.

Subsec. (span)(2). Puspan. L. 85–686, § 3(span)(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). Puspan. L. 85–686, § 3(c), defined “existing on July 1, 1934” and “existing on July 1, 1958”.

Subsec. (e)(1). Puspan. 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). Puspan. 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. (span). Act June 21, 1955, § 3(span), made applicable to Cuban products the new limits of authority to reduce tariffs.

Subsec. (c). Act June 21, 1955, § 3(c), designated existing provisions as par. (1) and added par. (2).

Subsec. (e). Act June 21, 1955, § 3(d), added subsec. (e).

1949—Subsec. (a). Act Sept. 26, 1949, struck out obsolete language referring to the depression which existed at the time of the original enactment of section.

Subsec. (span). Act Sept. 26, 1949, 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 July 5, 1945, struck out “existing” after “per centum any”, and inserted “, however established, existing on January 1, 1945 (even though temporarily suspended by Act of Congress),” after “rate of duty”.

Subsec. (span). Act July 5, 1945, struck out “payable” after “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 proviso.

Subsec. (d). Act July 5, 1945, added subsec. (d).

1943—Subsec. (a)(2). Act June 7, 1943, inserted matter within parentheses in proviso.

Statutory Notes and Related Subsidiaries
Effective Date of 1979 Amendment

Amendment by Puspan. L. 96–39 effective July 1, 1980, see section 204(a) of Puspan. L. 96–39, set out as a note under section 1401a of this title.

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. (span) 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, 1776–1949, vol. VI, page 1106.

Tariff Treatment of Cuban Products

Puspan. L. 87–456, title IV, § 401, May 24, 1962, 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 [May 24, 1962],
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).
“(span) 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 December 17, 1903 (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 December 11, 1902, shall not apply during the period during which subsection (a) applies.”

Congressional Approval or Disapproval of General Agreement on Tariffs and Trade

Puspan. L. 85–686, § 10, Aug. 20, 1958, 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.”

Reduction of Protection Resulting From 1956 Amendments

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 Aug. 2, 1956, 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 Aug. 2, 1956, set out in note under section 1402 of this title, see note set out under section 1401a of this title.

Commission on Foreign Economic Policy

Act Aug. 7, 1953, ch. 348, title III, §§ 301–310, 67 Stat. 473–475, as amended by Puspan. L. 89–554, § 8(a), Sept. 6, 1966, 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.

Extension of Presidential Authority

For extensions of authority of President to enter into trade agreements under this section, up until close of Dec. 31, 1962, see notes under section 1352 of this title.

Administration of Trade Agreements Program

For provisions relating to the administration of the trade agreements program, see Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out as a note under section 2111 of this title.

Executive Order No. 9832

Ex. Ord. No. 9832, Fespan. 25, 1947, 12 F.R. 1363, revoked by Ex. Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851.

Executive Order No. 10004

Ex. Ord. No. 10004, Oct. 6, 1948, 13 F.R. 5851, superseded by Ex. Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105.

Executive Order No. 10082

Ex. Ord. No. 10082, Oct. 5, 1949, 14 F.R. 6105, as amended by Ex. Ord. No. 10170, Oct. 13, 1950, 15 F.R. 6901, which related to administrative procedures for reciprocal trade-agreements program, was revoked by Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, set out as a note under section 1801 of this title.

Executive Order No. 10741

Ex. Ord. No. 10741, Nov. 26, 1957, 22 F.R. 9451, which established the Trade Policy Committee, was revoked by Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, set out as a note under section 1801 of this title.