19 U.S.C. § 1872 — Interagency trade organization

Page 445 TITLE 19—CUSTOMS DUTIES § 1872 1 See References in Text note below. EX. ORD. NO. 11703. ASSIGNING POLICY DEVELOPMENT AND DIRECTING FUNCTIONS RESPECTING OIL IMPORT CON- TROL PROGRAM Ex. Ord. No. 11703, Feb. 7, 1973, 38 F.R. 3579, as amend- ed by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, pro- vided: By virtue of the authority vested in me by the Con- stitution and statutes of the United States, including section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows: SECTION 1. The Oil Policy Committee, as reconsti- tuted by this order, is hereby continued. SEC. 2. The Chairman of the Oil Policy Committee shall provide policy direction, coordination, and sur- veillance of the oil import control program established by Proclamation No. 3279 of March 10, 1959, as amended [set out below], including approval of regulations here- after issued pursuant to such proclamation. He shall perform those functions after receiving the advice of the Oil Policy Committee and in accordance with guid- ance from the Assistant to the President with responsi- bility in the area of economic affairs. SEC. 3. The Oil Policy Committee shall henceforth consist of the United States Trade Representative, chair, and the Secretaries of State, Treasury, Defense, the Interior, Commerce and Energy, the Attorney Gen- eral, and the Chairman of the Council of Economic Ad- visers, as members. The President may, from time to time, designate other officials to serve as members of the Committee. The Chairman may create subcommit- tees of the Committee to study and report to the Com- mittee concerning specified subject matters. SEC. 4. The Oil Policy Committee shall consult with and advise the Chairman on oil import policy, includ- ing the operation of the control program under Procla- mation No. 3279, as amended, and on recommendations for changes in the program by the issuance of new proc- lamations with respect to it, or otherwise. SEC. 5. Section 6 of Proclamation No. 3279 of March 10, 1959, as amended, is amended to read as follows: ‘‘SEC. 6. The Chairman of the Oil Policy Committee shall maintain a constant surveillance of imports of pe- troleum and its primary derivatives in respect to the national security and, after consultation with the Oil Policy Committee, he shall inform the President of any circumstances which, in the Chairman’s opinion might indicate the need for further Presidential action under section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended. In the event prices of crude oil or its products or derivatives should be increased after the ef- fective date of this proclamation, such surveillance shall include a determination as to whether such in- crease or increases are necessary to accomplish the na- tional security objectives of section 232 of the Trade Expansion Act of 1962, as amended, and of this procla- mation.’’ SEC. 6. So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with the functions transferred by sections 2 and 5 of this order from the Director of the Office of Emergency Preparedness to the Deputy Secretary of the Treasury, as Chairman of the Oil Policy Committee, as the Director of the Office of Management and Budget shall determine, in con- formity with section 202(b) of the Budget and Account- ing Act of 1950 (31 U.S.C. 581c(b)), shall be transferred at such time or times as he shall direct for use in con- nection with the functions transferred. EXECUTIVE ORDER NO. 11743 Ex. Ord. No. 11743, Oct. 23, 1973, 38 F.R. 29459, formerly set out as a note under this section, which related to the continuation of the Oil Policy Committee, was su- perseded by Ex. Ord. No. 11775, Mar. 26, 1974, 39 F.R. 11415. EXECUTIVE ORDER NO. 12538 Ex. Ord. No. 12538, Nov. 15, 1985, 50 F.R. 47527, which related to imports of refined petroleum products from Libya, was revoked by Ex. Ord. No. 13357, Sept. 20, 2004, 69 F.R. 56665, listed in a table under section 1701 of Title 50, War and National Defense. § 1863. Repealed. Pub. L. 100–418, title I, § 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259 Section, Pub. L. 93–618, title I, § 127(c), Jan. 3, 1975, 88 Stat. 1993, directed that reports to Congress be sub- mitted annually and within 60 days after any action was taken under section 1862 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of section applicable with respect to inves- tigations initiated under section 1862(b) of this title on or after Aug. 23, 1988, see section 1501(d)(1) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 1862 of this title. § 1864. Import sanctions for export violations Any person who violates any national security export control imposed under section 4604 1 of title 50 or any regulation, order, or license issued under that section, may be subject to such controls on the importing of goods or tech- nology into the United States as the President may prescribe. (Pub. L. 87–794, title II, § 233, as added Pub. L. 99–64, title I, § 121, July 12, 1985, 99 Stat. 155; amended Pub. L. 100–418, title II, § 2447(a), Aug. 23, 1988, 102 Stat. 1370.) Editorial Notes REFERENCES IN TEXT Section 4604 of title 50, referred to in text, was re- pealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. AMENDMENTS 1988—Pub. L. 100–418 struck out designation ‘‘(a)’’ and struck out subsec. (b) which related to prerequisites to imposition of sanctions. PART V—ADMINISTRATIVE PROVISIONS § 1871. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 241, Oct. 11, 1962, 76 Stat. 878, provided for appointment of Special Rep- resentative for Trade Negotiations. See section 2171 of this title. § 1872. Interagency trade organization (a) Establishment; functions; membership and composition; participation of representatives of other agencies; meetings (1) The President shall establish an inter- agency organization. (2) The functions of the organization are— (A) to assist, and make recommendations to, the President in carrying out the functions vested in him by the trade laws and to advise the United States Trade Representative (here- inafter in this section referred to as the ‘‘Trade Representative’’) in carrying out the functions set forth in section 2171 of this title; (B) to assist the President, and advise the Trade Representative, with respect to the de- Page 446 TITLE 19—CUSTOMS DUTIES § 1872 1 See References in Text note below. velopment and implementation of the inter- national trade policy objectives of the United States; and (C) to advise the President and the Trade Representative with respect to the relation- ship between the international trade policy objectives of the United States and other major policy areas which may significantly af- fect the overall international trade policy and trade competitiveness of the United States. (3) The interagency organization shall be com- posed of the following: (A) The Trade Representative, who shall be chairperson. (B) The Secretary of Commerce. (C) The Secretary of State. (D) The Secretary of the Treasury. (E) The Secretary of Agriculture. (F) The Secretary of Labor. The Trade Representative may invite represent- atives from other agencies, as appropriate, to attend particular meetings if subject matters of specific functional interest to such agencies are under consideration. It shall meet at such times and with respect to such matters as the Presi- dent or the Chairman shall direct. (b) Duties In assisting the President, the organization shall— (1) make recommendations to the President on basic policy issues arising in the adminis- tration of the trade agreements program, (2) make recommendations to the President as to what action, if any, he should take on re- ports submitted to him by the United States International Trade Commission under section 2251(d) 1 of this title, (3) advise the President of the results of hearings held pursuant to section 2412(b)(2) 1 of this title, and recommend appropriate action with respect thereto, and (4) perform such other functions with respect to the trade agreements program as the Presi- dent may from time to time designate. In carrying out its functions under this sub- section, the organization shall take into ac- count the advice of the congressional advisers and private sector advisory committees, as well as that of any committee or other body estab- lished to advise the department, agency, or of- fice which a member of the organization heads. (c) Use of resources of agencies; procedures and committees The organization shall, to the maximum ex- tent practicable, draw upon the resources of the agencies represented in the organization, as well as such other agencies as it may determine, in- cluding the United States International Trade Commission. In addition, the President may es- tablish by regulation such procedures and com- mittees as he may determine to be necessary to enable the organization to provide for the con- duct of hearings pursuant to section 2412(b)(2) of this title, and for the carrying out of other func- tions assigned to the organization pursuant to this section. (Pub. L. 87–794, title II, § 242, Oct. 11, 1962, 76 Stat. 878; Pub. L. 93–618, title I, § 171(b), title VI, § 602(b), Jan. 3, 1975, 88 Stat. 2009, 2072; Pub. L. 96–39, title IX, § 902(c), July 26, 1979, 93 Stat. 300; Pub. L. 100–418, title I, § 1621(a), Aug. 23, 1988, 102 Stat. 1263.) Editorial Notes REFERENCES IN TEXT Section 2251 of this title, referred to in subsec. (b)(2), was amended generally by Pub. L. 100–418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. 1225, and as so amended does not contain a subsec. (d). See section 2252(f) of this title. Section 2412 of this title, referred to in subsec. (b)(3), was amended generally by Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1168, and as so amended the provisions of subsec. (b)(2) of section 2412 are con- tained in subsec. (a)(4). AMENDMENTS 1988—Subsec. (a). Pub. L. 100–418, § 1621(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: ‘‘The President shall establish an inter- agency organization to assist him in carrying out the functions vested in him by this subchapter and sections 2251, 2252, and 2253 of this title. Such organization shall, in addition to the Special Representative for Trade Ne- gotiations, be composed of the heads of such depart- ments and of such other officers as the President shall designate. It shall meet at such times and with respect to such matters as the President or the chairman of the organization shall direct. The organization may invite the participation in its activities of any agency not represented in the organization when matters of inter- est to such agency are under consideration.’’ Subsec. (b). Pub. L. 100–418, § 1621(a)(2), inserted at end: ‘‘In carrying out its functions under this sub- section, the organization shall take into account the advice of the congressional advisers and private sector advisory committees, as well as that of any committee or other body established to advise the department, agency, or office which a member of the organization heads.’’ 1979—Subsecs. (b)(3), (c). Pub. L. 96–39 substituted ‘‘section 2412(b)(2) of this title’’ for ‘‘section 2411(c) and (d) of this title’’. 1975—Subsec. (a). Pub. L. 93–618, § 602(b)(1), sub- stituted reference to sections 2251, 2252, and 2253 of this title for reference to sections 1981 and 1982 of this title. Subsec. (b)(2). Pub. L. 93–618, § 602(b)(2), (3), sub- stituted ‘‘reports submitted to him’’ for ‘‘reports with respect to tariff adjustment submitted to him’’ and ‘‘section 2251(d) of this title’’ for ‘‘section 1901(e) of this title.’’ Subsec. (b)(3). Pub. L. 93–618, § 602(b)(4), (5), sub- stituted ‘‘hearings held pursuant to’’ for hearings con- cerning foreign import restrictions held pursuant to’’ and ‘‘section 2411(c) and (d) of this title’’ for ‘‘section 1882(d) of this title’’. Subsec. (c). Pub. L. 93–618, § 602(b)(5), substituted ‘‘section 2411(c) and (d) of this title’’ for ‘‘section 1882(d) of this title’’. Pub. L. 93–618, § 171(b), substituted ‘‘United States International Trade Commission’’ for ‘‘United States Tariff Commission’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–39 effective July 26, 1979, see section 903 of Pub. L. 96–39, set out as an Effective Date note under section 2411 of this title. ESTABLISHMENT OF INTERAGENCY GROUP For provisions establishing an interagency group within the interagency organization established under Page 447 TITLE 19—CUSTOMS DUTIES § 1888 this section, relating to the implementation of chapter 10 of the United States-Mexico-Canada Agreement, see section 4582(c)(2) of this title. For provisions establishing an interagency group within the interagency organization established under this section, relating to the implementation of chap- ters 18 and 19 of the United States-Canada Free-Trade Agreement, see section 405 of Pub. L. 100–449, set out in a note under section 2112 of this title. SENSE OF CONGRESS RESPECTING ROLE OF INTERAGENCY ORGANIZATION Pub. L. 100–418, title I, § 1621(b), Aug. 23, 1988, 102 Stat. 1264, provided that: ‘‘It is the sense of Congress that the interagency organization established under subsection (a) [amending this section] should be the principal interagency forum within the executive branch on international trade policy matters.’’ Executive Documents TRANSFER OF FUNCTIONS FROM EAST-WEST FOREIGN TRADE BOARD East-West Foreign Trade Board, which was estab- lished by Pub. L. 93–618, title IV, § 411, Jan. 3, 1975, 88 Stat. 2065, and classified to section 2441 of this title, abolished by Reorg. Plan No. 3 of 1979, § 6, 44 Stat. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title, and func- tions of Board under subsecs. (a) and (b) of section 411 of Pub. L. 93–618 transferred to interagency organiza- tion established under this section by section 5(e) of Reorg. Plan No. 3 of 1979. See section 2441 of this title. TRADE POLICY COMMITTEE For provisions relating to Trade Policy Committee, see section 3 of Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out as a note under section 2111 of this title. § 1873. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 243, Oct. 11, 1962, 76 Stat. 878, made provision for Congressional delegates to trade negotiations. See section 2211 of this title. PART VI—GENERAL PROVISIONS § 1881. Normal trade relations Except as otherwise provided in this sub- chapter, in section 1351 of this title, or in sec- tion 401(a) of the Tariff Classification Act of 1962, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter or section 1351 of this title shall apply to products of all foreign countries, whether imported di- rectly or indirectly. (Pub. L. 87–794, title II, § 251, Oct. 11, 1962, 76 Stat. 879; Pub. L. 105–206, title V, § 5003(b)(1), July 22, 1998, 112 Stat. 789.) Editorial Notes REFERENCES IN TEXT Section 401(a) of the Tariff Classification Act of 1962, referred to in text, is set out as a note under section 1351 of this title. AMENDMENTS 1998—Pub. L. 105–206 substituted existing catchline for ‘‘Most-favored-nation principle’’. §§ 1882 to 1884. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section 1882, Pub. L. 87–794, title II, § 252, Oct. 11, 1962, 76 Stat. 879, provided for Presidential action in face of foreign import restrictions. See sections 2112 of this title. Section 1883, Pub. L. 87–794, title II, § 253, Oct. 11, 1962, 76 Stat. 880, covered area of staging requirements. See section 2119 of this title. Section 1884, Pub. L. 87–794, title II, § 254, Oct. 11, 1962, 76 Stat. 880, provided for rounding authority. See sec- tion 2119 of this title. § 1885. Termination of proclamations (a) Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072. (b) The President may at any time terminate, in whole or in part, any proclamation made under this subchapter. (Pub. L. 87–794, title II, § 255, Oct. 11, 1962, 76 Stat. 880; Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072.) Editorial Notes AMENDMENTS 1975—Subsec. (a). Pub. L. 93–618 struck out subsec. (a) which provided for termination of or withdrawal from trade agreements. See section 2135 of this title. § 1886. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 256, Oct. 11, 1962, 76 Stat. 881, defined terms. See section 2481 of this title. § 1887. Limitation on imports under section 624 of title 7 Nothing contained in this chapter shall be construed to affect in any way the provisions of section 624 of title 7, or to apply to any import restriction heretofore or hereafter imposed under such section. (Pub. L. 87–794, title II, § 257(h), Oct. 11, 1962, 76 Stat. 883.) § 1888. References in other laws All provisions of law (other than this chapter and the Trade Agreements Extension Act of 1951) in effect after June 30, 1962, referring to section 350 of the Tariff Act of 1930, to that sec- tion as amended, to the Act entitled ‘‘An Act to amend the Tariff Act of 1930’’, approved June 12, 1934, to that Act as amended, or to agreements entered into, or proclamations issued, under any of such provisions, shall be construed, unless clearly precluded by the context, to refer also to this chapter, or to agreements entered into or proclamations issued, pursuant to this chapter. (Pub. L. 87–794, title II, § 258, Oct. 11, 1962, 76 Stat. 883.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872, which is classified principally to this chapter. For complete classification of Pub. L. 87–794, to the Code, see Short Title note set out under section 1801 of this title and Tables. The Trade Agreements Extension Act of 1951, referred to in text, is act June 16, 1951, ch. 141, 65 Stat. 72. For complete classification of this Act to the Code, see Short Title of 1951 Amendment note set out under sec- tion 1654 of this title and Tables.