Sec. PART VI. GENERAL PROVISIONS SUBCHAPTER II-TRADE AGREEMENTS PART I-GENERAL AUTHORITY 1821. Basic authority for trade agreements. 1822. Low-rate articles. PART II-EUROPEAN ECONOMIC COMMUNITY 1831. General provisions. (a) Determination that United States and all (c) Date of determination of aggregated world (d) Findings by Tariff Commission. (e) Articles referred to in Agricultural Handbook No. 143. 1832. Agricultural commodities. 1833. Tropical agricultural and forestry commodities. (a) Determination by President. (a) Prohibition on decrease or elimination of (c) Domestic production for national defense; PART V.-ADMINISTRATIVE PROVISIONS 1871. Special Representative for Trade Negotiations; appointment, tenure, compensation, and rank; information and advice from industry, agriculture, and labor, and from agencies. Sec. 1881. Mos-favored-nation principle. 1882. Foreign import restrictions. (a) Impairment of value of tariff commitments, oppression of commerce, or prevention of expansion of trade; Presidential action. (b) Discriminatory acts by foreign countries or instrumentalities; suspension, withdrawal, or prevention of application of benefits of concessions; withholding of proclamation of benefits. (c) Unreasonable import restrictions by foreign countries or instrumentalities; suspension, withdrawal, or prevention of application of benefits of concessions; withholding of proclamation of benefits. (d) Opportunity for presentation of views concerning foreign import restrictions; public hearings. 1883. Staging requirements. (a) Aggregate reduction in rate of duty. (c) Effective date of reduction of duty. (d) Exclusion of period during which part of reduction is not in effect. SUBCHAPTER III.-TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE PART I.-ELIGIBILITY FOR ASSISTANCE 1901. Tariff Commission investigations and reports. (a) Petitions for tariff adjustment or for determination of eligibility to apply for adjustment assistance; filing; transmission of copy to Secretary of Commerce. (b) Investigation of articles imported in such increased quantities as to cause, or threaten to cause, serious injury to domestic industry; consideration of economic factors; findings; prior investigations. (c) Investigations in cases of petitions by firms or groups of workers for determination of eligibility to apply for adjustment assistance. (d) Public hearings. (e) Amount of increase in, or imposition of, any duty or other import restriction necessary to prevent or remedy injury; findings and report to President. (f) Report of investigations to President; transcript of hearings and briefs; time of report; publication in Federal Register. (g) Time for filing petitions and for making requests, resolutions, or motions. 1902. Presidential action after Tariff Commission determination. (a) General authority. (b) Certifications by Secretaries of Commerce and Labor as to eligibility to apply for adjustment assistance. (c) Certification by President of eligibility to apply for adjustment assistance. (d) Specification of date on which unemployment of underemployment began or threatens to begin. (e) Termination of certifications. adjustment assistance. Authorization of appropriations. PART IV. TARIFF ADJUSTMENT General authority. (a) Proclamation of increase in, or imposition of, any duty or other import restriction; report to the Congress; adoption of resolution of approval; request for additional information. (b) Maximum rate of increase. (c) Reduction, termination, or extension of increase in, or imposition of, any duty or other import restriction. (d) Review of developments with respect to industries concerned; annual report to President; advice of probable economic effect; considerations; investigations; hearings. (e) Conformity of trade agreements with this section. 1982. Orderly marketing agreements; negotiation; regulations governing entry or withdrawal from warehouse. § 1801. Statement of purposes. The purposes of this chapter are, through trade agreements affording mutual trade benefits (1) to stimulate the economic growth of the United States and maintain and enlarge foreign markets for the products of United States agriculture, industry, mining, and commerce; (2) to strengthen economic relations with foreign countries through the development of open and nondiscriminatory trading in the free world; and (3) to prevent Communist economic penetration. (Pub. L. 87-794, title I, § 102, Oct. 11, 1962, 76 Stat. 872.) SHORT TITLE Section 101 of Pub. L. 87-794 provided that: "This Act [enacting this chapter and section 1323 of this title, amending sections 1351 and 1352 of this title, and sections 172, 6501 and 6511 of Title 26, Internal Revenue Code, repealing sections 1352a and 1362-1365 of this title, enacting provisions set out as notes under sections 1352, 1352a, 1362 and 1364 of this title, and under section 172 of Title 26, and amending provisions of the Tariff Classification Act of 1962, set out as a note preceding section 1202 of this title] may be cited as the 'Trade Expansion Act of 1962'." Ex. ORD. No. 11075. ADMINISTRATION OF TRADE Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, as amended by Ex. Ord. No. 11106, Apr. 18, 1963, 28 F.R. 3911; Ex. Ord. No. 11113, June 15, 1963, 28 F.R. 6183, provided: By virtue of the authority vested in me by the Trade Expansion Act of 1962 (Pub. L. 87-794, approved Oct. 11, 1962; 76 Stat. 872) [this chapter], and by Section 301 of Title 3 of the United States Code, and as President of the United States, it is ordered as follows: SECTION 1. Definitions. (a) As used in this order the term "the Act" means the Trade Expansion Act of 1962 (Pub. L. 87-794, approved Oct. 11, 1962) [this chapter], exclusive, however, of chapters 2, 3, and 5 of title III [parts II, III, and V of subchapter III of this chapter] thereof. (b) As used in this order the term "the trade agreements program" includes all activities consisting of, or related to, the negotiation or administration of trade agreements (other than treaties) concluded pursuant to the authority vested in the President by the Constitution, Section 350 of the Tariff Act of 1930, as amended [section 1351 of this title], or the Act. SEC. 2. Office of Special Representative. (a) There is hereby established in the Executive Office of the President an agency which shall be known as the Office of the Special Representative for Trade Negotiations. (b) There shall be at the head of the said Office the Special Representative for Trade Negotiations provided for in Section 241 of the Act [section 1871 of this title] (hereinafter referred to as the Special Representative), who shall be directly responsible to the president. (c) There shall be in the said Office two officers, each of whom shall have the title "Deputy Special Representative for Trade Negotiations," with the rank of Ambassador. The principal functions of each shall be to conduct negotiations under title II of the Act [subchapter II of this chapter], and each shall perform such additional duties as the Special Representative may direct. (a) The SEC. 3. Functions of Special Representative. Special Representative shall have the functions conferred upon him by the Act, the functions delegated or otherwise assigned to him by the provisions of this order, and such other functions as the President may from time to time direct. (b) The Special Representative shall advise and assist the President in the administration of, and facilitate the carrying out of, the trade agreements program. In addition, the Special Representative shall advise the President with respect to nontariff barriers to international trade, international commodity agreements, and other matters which are related to the trade agreements program. (c) As he may deem to be necessary for the proper administration and execution of the trade agreements program and of this order, the Special Representative (1) shall draw upon the resources of Federal agencies, and of bodies established by or under the provisions of this order, in connection with the performance of his functions, and (2) except as may be otherwise provided by this order or by law, may assign to the head of any such agency or body the performance of duties incidental to the administration of the trade agreements program. (d) In connection with the performance of his functions the Special Representative shall, as appropriate and practicable, consult with Federal agencies. (e) The Special Representative shall from time to time furnish the President lists of articles proposed for publication and transmittal to the Tariff Commission by the President under the provisions of Section 221(a) of the Act (section 1841(a) of this title]. (f) The functions conferred upon the President by Section 222 of the Act [section 1842 of this title] are hereby delegated to the Special Representative. (g) The functions conferred upon the President by the first sentence of Section 223 of the Act [section 1843 of this title] are hereby delegated to the Special Representative. The Special Representative is hereby designated to perform the functions prescribed by the second sentence of that section. (h) After the President has entered into a trade agreement which provides for any new tariff concession, the Special Representative shall submit to the President, for transmission by him to each House of Congress, copies of such trade agreement, together with a draft of the statement relating thereto provided for in Section 226 of the Act [section 1846 of this title]. In addition, the Special Representative shall transmit to each House of Congress copies of agreements supplementary to trade agreements which do not provide for any new tariff concession, and of such other documents relating to the trade agreements program as he considers appropriate, together with a brief statement describing each such supplementary agreement or other document. (i) The Special Representative shall make arrangements under which the committee established by Section 4 of this order shall provide for public hearings in pursuance of the second sentence of Section 252(d) of the Act [section 1882(d) of this title]. The functions conferred upon the President by the first sentence of that section are hereby delegated to the Special Representative. (j) Advice furnished by the Secretaries of Commerce and Labor under Section 351(c) of the Act [section 1981 (c) of this title] shall be transmitted by the respective Secretaries to the President through the Special Representative. (k) Subject to available financing, the Special Representative may employ such personnel as may be necessary to assist him in the performance of his functions. (1) The Special Representative shall prepare or have prepared for consideration by the President, in a form suitable for inclusion in title 48 of the Code of Federal Regulations, any proclamation which relates wholly or primarily to the trade agreements program. Any such proclamation shall be subject to the provisions of Executive Order No. 11030 of June 19, 1962 (27 F.R. 5847) [set out as a note under section 305 of Title 44, Public Printing and Documents], except that such proclamation need not be submitted for approval to the Director of the Bureau of the Budget as provided in Section 2 (a) and (b) of that order but may be transmitted directly to the Attorney General for his consideration as to both form and legality. SEC. 4. Trade Expansion Act Advisory Committee. (a) There is hereby established the Trade Expansion Act Advisory Committee (hereinafter referred to as the Committee). The Committee shall be composed of the Special Representative, who shall be its chairman, and the following other members: the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secetary of Labor. (b) Each Secretary referred to in Section 4(a) of this order may designate an official from his department, who is in status not below that of an Assistant Secretary of an executive or military depar ment, to serve as a member of the Committee in lieu of the designating Secretary when the latter is unable to attend any meeting of the Committee. In corresponding circumstances, the Special Representative may designate the Deputy Special Representative for Trade Negotiations, for a corresponding purpose. Except for his accountability to his designating authority, any persons while so serving shall have in all respects the same status, as a member of the Committee, as do other members of the Committee. (c) The Special Representative may from time to time designate any member of the Committee (including any person serving as a member of the Committee under the provisions of Section 4(b) hereof) to act as chairman of the Committee when the Special Representative is unable to attend any meeting of the Committee. (d) The Committee shall have the functions conferred by the Act upon the interagency organization referred to in Section 242 of the Act [section 1872 of this title] and shall also perform such other functions as the President may from time to time direct. (e) The recommendations made by the Committee under Section 242(b)(1) of the Act [section 1872 (b) (1) of this title], as approved or modified by the President, shall guide the administration of the trade agreements program. (f) Before making recommendations to the President under Section 242(b)(2) of the Act [section 1872(b) (2) of this title], the Committee shall, through the Special Representative, request the advice of the Adjustment Assistance Advisory Board, created by the provisions of Section 361 of the Trade Expansion Act of 1962 [section 1991 of this title], concerning the feasibility of adjustment assistance to workers and firms. (g) The functions conferred upon the President by the second sentence of Section 242 (c) of the Act [section 1872 (c) of this title], to the extent that they are in respect of procedures, are hereby delegated to the Committee. SEC. 5. Tariff Commission. (a) The United States Tariff Commission is requested to determine the ad valorem equivalent, and, for this purpose, the authority conferred upon the President by the provisions of Section 256(7) of the Act [section 1886(7) of this title] is hereby delegated to the Commission. (b) Reports required to be made, and transcripts of hearings and briefs required to be furnished, by the Tariff Commission under the provisions of Section 301 (f) (1) of the Act [section 1901(f)(1) of this title] (1) shall, in respect of investigations made by it under Section 301(c)(1) of the Act [section 1901(c)(1) of this title], be transmitted by the Commission to the President through the Secretary of Commerce, and (2) shall, in respect of investigations made by it under Section 301 (c) (2) of the Act [section 1901 (c) (2) of this title], be transmitted to the President through the Secretary of Labor. (c) All other reports, findings, advice, hearing transcripts, briefs, and information which, under the terms of the Act, the Tariff Commission is required to furnish, report, or otherwise deliver to the President shall be transmitted to him through the Special Representative. (d) Advice of the Tariff Commission under Section 221(b) of the Act [section 1841 (b) of this title] shall not be released or disclosed in any manner or to any extent not specifically authorized by the President or by the Special Representative. SEC. 6. Secretary of the Treasury. There is hereby delegated to the Secretary of the Treasury the authority to issue regulations, conferred upon the President by the provisions of Section 352(b) of the Act [section 1982 (b) of this title]. SEC. 7. Secretary of Commerce. The authority to certify, conferred upon the President by the provisions of Section 302 (c) of the Act [section 1902 (c) of this title], to the extent that such authority is in respect of firms, is hereby delegated to the Secretary of Commerce. SEC. 8. Secretary of Labor. There are hereby delegated to the Secretary of Labor the authority to certify, conferred upon the President by the provisions of Section 302 (c) of the Act [section 1905 (c) of this title], to the extent that such authority is in respect of groups of workers, and the authority conferred upon the President by the provisions of Section 302 (e) of the Act [section 1902 (e) of this title]. SEC. 9. Committees and task forces. To perform assigned duties in connection with functions under the Act or this order and as may be permitted by law, the Special Representative may from time to time cause to be constituted appropriate committees or task forces made up in whole or in part of representatives or employees of interested agencies, of representatives of the committee established by the provisions of Section 4 of this order, or of other persons. Assignments of personnel from agencies, in connection with the foregoing, and assignments of duties to them, shall be made with the consent of the respective heads of agencies concerned. SEC. 10. Threat of impairment of national security. Executive Order No. 11051 of September 27, 1962 [set out as a note under section 2271 of Title 50, Appendix, War and National Defense], is hereby amended by striking from Section 404 (a) thereof the text "Section 2 of the Act of July 1, 1954 (68 Stat. 360; 19 U.S.C. 1352a)" and inserting in lieu of the stricken text the following: "Section 232 of the Trade Expansion Act of 1962 [section 1862 of this title]". SEC. 11. Redelegation. Delegations of authority made by this order to the Special Representative, the Secretary of Commerce, and the Secretary of Labor, and other assignments of authority made by this order to the Special Representative, shall be deemed to include the power of successive redelegation. SEC. 12. References. Except as may for any reason be inappropriate, references in this order to any other Executive order or to the Act or to the Trade Expansion Act of 1962 [this chapter] or to any other statute, and references in this order or in any other Executive order to this order, shall be deemed to include references thereto, respectively, as amended from time to time. SEC. 13. Prior bodies and orders. (a) The pending business, and the records and property, of the Trade Policy Committee, Trade Agreements Committee, and Committee for Reciprocity Information (now existing under orders referred to in Section 13 (b) below) shall be completed or transferred as the Special Representative, consonant with law and with the provisions of this order, shall direct; and the said committees are abolished effective as of the thirtieth day following the date of this order. (b) Subject to the foregoing provisions of this section, the following are hereby superseded and revoked: (1) Executive Order No. 10082 of October 5, 1949. EFFECTIVE DATE OF SECTION 2 OF EXECUTIVE ORDER Section 2 of Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, as amended by Ex Ord. No. 11106, Apr. 18, 1963, 28 F.R. 3911, set out as a note under this section, deemed to become effective Jan. 15, 1963 by the provisions of Ex. Ord. No. 11106. § 1802. Authorities; performance of functions by head of other agency; rules and regulations; employment of temporary or intermittent services of experts, consultants, or organizations thereof. The head of any agency performing functions under this chapter may (1) authorize the head of any other agency to perform any of such functions; (2) prescribe such rules and regulations as may be necessary to perform such functions; and (3) to the extent necessary to perform such functions, procure the temporary (not in excess of one year) or intermittent services of experts or consultants or organizations thereof, including stenographic reporting services, by contract or appointment, and in such cases such services shall be without regard to the civil service and classification laws, and, except in the case of stenographic reporting services by organizations, without regard to section 5 of Title 41. Any individual so employed may be compensated at a rate not in excess of $75 per diem, and, while such individual is away from his home or regular place of business, he may be allowed transportation and not to exceed $16 per diem in lieu of subsistence and other expenses. (Pub. L. 87-794, title IV, § 401, Oct. 11, 1962, 76 Stat. 902.) REFERENCES IN TEXT This chapter, referred to in the text, was in the original "this Act", meaning Pub. L. 87-794. For classification of Fub. L. 87-794 to this Code, see Short Title note set out under section 1801 of this title. The civil service laws, referred to in the text, are classified generally to Title 5, Executive Departments and Government Officers and Employees. § 1803. Reports to the Congress by the President and the Tariff Commission. (a) The President shall submit to the Congress an annual report on the trade agreements program and on tariff adjustment and other adjustment assistance under this chapter. Such report shall include information regarding new negotiations, changes made in duties and other import restrictions of the United States, reciprocal concessions obtained, changes in trade agreements in order to effectuate more fully the purposes of the trade agreements program (including the incorporation therein of escape clauses), 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 purposes of this chapter, and other information relating to the trade agreements program and to the agreements entered into thereunder. (b) The Tariff Commission shall submit to the Congress, at least once a year, a factual report on the operation of the trade agreements program. (Pub. L. 87-794, title IV, § 402, Oct. 11, 1962, 76 Stat. 902.) REFERENCES IN TEXT This chapter, referred to in the text, was in the original "this Act", meaning Pub. L. 87-794. For classification of Pub. L. 87-794 to this Code, see Short Title note set out under section 1801 of this title. § 1804. Tariff Commission. (a) Preliminary investigations; determination of scope and manner of proceedings; consolidation of proceedings. In order to expedite the performance of its functions under this chapter, the Tariff Commission may conduct preliminary investigations, determine the scope and manner of its proceedings, and consolidate proceedings before it. (b) Exercise of authority granted under any Act. In performing its functions under this chapter, the Tariff Commission may exercise any authority granted to it under any other Act. (c) Duty to keep informed concerning operation and effect of provisions relating to duties or other import restrictions contained in trade agreements. The Tariff Commission shall at all times keep informed concerning the operation and effect of provisions relating to duties or other import restrictions of the United States contained in trade agreements entered into under the trade agreements program. (Pub. L. 87-794, title IV, § 403, Oct. 11, 1962, 76 Stat. 902.) REFERENCES IN TEXT This chapter, referred to in the text, was in the original "this Act", meaning Pub. L. 87–794. For classification of Pub. L. 87-794 to this Code, see Short Title note set out under section 1801 of this title. § 1805. Separability of provisions. If any provision of this chapter or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this chapter, and of the application of such provision to other circumstances or persons, shall not be affected thereby. (Pub. L. 87-794, title IV, § 404, Oct. 11, 1962, 76 Stat. 902.) REFERENCES IN TEXT This chapter, referred to in the text, was in the original "this Act", meaning Pub. L. 87-794. For classification of Pub. L. 87-794 to this Code, see Short Title note set out under section 1801 of this title. § 1806. Definitions. For purposes of this chapter (1) The term "agency" includes any agency, department, board, wholly or partly owned corporation, instrumentality, commission, or establishment of the United States. (2) The term "duty or other import restriction" includes (A) the rate and form of an import duty, and (B) a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of imports. (3) The term "firm" includes an individual proprietorship, partnership, joint venture, association, corporation (including a development corporation), business trust, cooperative, trustees in bankruptcy, and receivers under decree of any court. A firm, together with any predecessor, successor, or affiliated firm controlled or substantially beneficially owned by substantially the same persons, may be considered a single firm where necessary to prevent unjustifiable benefits. (4) An imported article is "directly competitive with" a domestic article at an earlier or later stage of processing, and a domestic article is "directly competitive with" an imported article at an earlier or later stage of processing, if the importation of the imported article has an economic effect on producers of the domestic article comparable to the effect of importation of articles in the same stage of processing as the domestic article. For purposes of this paragraph, the unprocessed article is at an earlier stage of processing. |