19 U.S.C. § 1862 — Safeguarding national security

Page 441 TITLE 19—CUSTOMS DUTIES § 1862 § 1822. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 202, Oct. 11, 1962, 76 Stat. 872, made special provision for low-rate articles. § 1823. Waiver of limitation on decrease in duty and negotiation and staging requirements for dicyandiamide and limestone For purposes of the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.], section 201(b)(1) [19 U.S.C. 1821(b)(1)] (relating to limit on decrease in duty), sections 221, 223, and 224 [19 U.S.C. 1841, 1843, 1844] (relating to certain requirements con- cerning negotiations), and section 253 [19 U.S.C. 1883] (relating to staging requirements) of such Act shall not apply with respect to dicyandiamide provided for in item 425.40 of the Tariff Schedules of the United States, and shall not apply with respect to limestone, when im- ported to be used in the manufacture of cement, provided for in item 513.34 of such Schedules. (Pub. L. 90–14, May 5, 1967, 81 Stat. 14.) Editorial Notes REFERENCES IN TEXT The Trade Expansion Act of 1962, referred to in text, is Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables. Sections 221, 223, 224 and 253 of the Trade Expansion Act of 1962, referred to in text, were repealed by Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072. The Tariff Schedules of the United States, referred to in text, to be treated as a reference to the Harmonized Tariff Schedule pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. CODIFICATION Section was not enacted as part of the Trade Expan- sion Act of 1962 which is classified principally to this chapter. PART II—EUROPEAN ECONOMIC COMMUNITY §§ 1831 to 1833. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section 1831, Pub. L. 87–794, title II, § 211, Oct. 11, 1962, 76 Stat. 873, made provision for trade agreements with the European Economic Community. Section 1832, Pub. L. 87–794, title II, § 212, Oct. 11, 1962, 76 Stat. 874, made special provision for trade agree- ments covering agricultural commodities. Section 1833, Pub. L. 87–794, title II, § 213, Oct. 11, 1962, 76 Stat. 874, made special provision for trade agree- ments covering tropical agricultural and forestry com- modities. PART III—REQUIREMENTS CONCERNING NEGOTIATIONS §§ 1841 to 1846. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section 1841, Pub. L. 87–794, title II, § 221, Oct. 11, 1962, 76 Stat. 874, made provision for the giving of advice by the Tariff Commission [now the United States Inter- national Trade Commission] concerning trade agree- ments. See section 2151 of this title. Section 1842, Pub. L. 87–794, title II, § 222, Oct. 11, 1962, 76 Stat. 875, made provision for the giving of advice by other sources concerning trade agreements. See section 2152 of this title. Section 1843, Pub. L. 87–794, title II, § 223, Oct. 11, 1962, 76 Stat. 875, provided for public hearings in connection with proposed trade agreements. See section 2153 of this title. Section 1844, Pub. L. 87–794, title II, § 224, Oct. 11, 1962, 76 Stat. 875, set out prerequisites for offers for modi- fication or continuance of duties or other import re- strictions, or continuance of duty-free or excise treat- ment. See section 2154 of this title. Section 1845, Pub. L. 87–794, title II, § 225, Oct. 11, 1962, 76 Stat. 876, provided for the reservation of articles from trade negotiations. See section 2137 of this title. Section 1846, Pub. L. 87–794, title II, § 226, Oct. 11, 1962, 76 Stat. 876, provided for the transmission of agree- ments to Congress. See section 2212 of this title. PART IV—NATIONAL SECURITY § 1861. Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072 Section, Pub. L. 87–794, title II, § 231, Oct. 11, 1962, 76 Stat. 876; Pub. L. 88–205, pt. IV, § 402, Dec. 16, 1963, 77 Stat. 390, covered products of Communist countries or areas. § 1862. Safeguarding national security (a) Prohibition on decrease or elimination of du- ties or other import restrictions if such re- duction or elimination would threaten to im- pair national security No action shall be taken pursuant to section 1821(a) of this title or pursuant to section 1351 of this title to decrease or eliminate the duty or other import restrictions on any article if the President determines that such reduction or elimination would threaten to impair the na- tional security. (b) Investigations by Secretary of Commerce to determine effects on national security of im- ports of articles; consultation with Secretary of Defense and other officials; hearings; as- sessment of defense requirements; report to President; publication in Federal Register; promulgation of regulations (1)(A) Upon request of the head of any depart- ment or agency, upon application of an inter- ested party, or upon his own motion, the Sec- retary of Commerce (hereafter in this section re- ferred to as the ‘‘Secretary’’) shall immediately initiate an appropriate investigation to deter- mine the effects on the national security of im- ports of the article which is the subject of such request, application, or motion. (B) The Secretary shall immediately provide notice to the Secretary of Defense of any inves- tigation initiated under this section. (2)(A) In the course of any investigation con- ducted under this subsection, the Secretary shall— (i) consult with the Secretary of Defense re- garding the methodological and policy ques- tions raised in any investigation initiated under paragraph (1), (ii) seek information and advice from, and consult with, appropriate officers of the United States, and (iii) if it is appropriate and after reasonable notice, hold public hearings or otherwise af- ford interested parties an opportunity to present information and advice relevant to such investigation. Page 442 TITLE 19—CUSTOMS DUTIES § 1862 1 So in original. There are two subsecs. designated (d). Second subsec. (d) probably should be designated (e). (B) Upon the request of the Secretary, the Sec- retary of Defense shall provide the Secretary an assessment of the defense requirements of any article that is the subject of an investigation conducted under this section. (3)(A) By no later than the date that is 270 days after the date on which an investigation is initiated under paragraph (1) with respect to any article, the Secretary shall submit to the Presi- dent a report on the findings of such investiga- tion with respect to the effect of the importa- tion of such article in such quantities or under such circumstances upon the national security and, based on such findings, the recommenda- tions of the Secretary for action or inaction under this section. If the Secretary finds that such article is being imported into the United States in such quantities or under such cir- cumstances as to threaten to impair the na- tional security, the Secretary shall so advise the President in such report. (B) Any portion of the report submitted by the Secretary under subparagraph (A) which does not contain classified information or propri- etary information shall be published in the Fed- eral Register. (4) The Secretary shall prescribe such proce- dural regulations as may be necessary to carry out the provisions of this subsection. (c) Adjustment of imports; determination by President; report to Congress; additional ac- tions; publication in Federal Register (1)(A) Within 90 days after receiving a report submitted under subsection (b)(3)(A) in which the Secretary finds that an article is being im- ported into the United States in such quantities or under such circumstances as to threaten to impair the national security, the President shall— (i) determine whether the President concurs with the finding of the Secretary, and (ii) if the President concurs, determine the nature and duration of the action that, in the judgment of the President, must be taken to adjust the imports of the article and its de- rivatives so that such imports will not threat- en to impair the national security. (B) If the President determines under subpara- graph (A) to take action to adjust imports of an article and its derivatives, the President shall implement that action by no later than the date that is 15 days after the day on which the Presi- dent determines to take action under subpara- graph (A). (2) By no later than the date that is 30 days after the date on which the President makes any determinations under paragraph (1), the Presi- dent shall submit to the Congress a written statement of the reasons why the President has decided to take action, or refused to take ac- tion, under paragraph (1). Such statement shall be included in the report published under sub- section (e). (3)(A) If— (i) the action taken by the President under paragraph (1) is the negotiation of an agree- ment which limits or restricts the importation into, or the exportation to, the United States of the article that threatens to impair na- tional security, and (ii) either— (I) no such agreement is entered into be- fore the date that is 180 days after the date on which the President makes the deter- mination under paragraph (1)(A) to take such action, or (II) such an agreement that has been en- tered into is not being carried out or is inef- fective in eliminating the threat to the na- tional security posed by imports of such ar- ticle, the President shall take such other actions as the President deems necessary to adjust the im- ports of such article so that such imports will not threaten to impair the national security. The President shall publish in the Federal Reg- ister notice of any additional actions being taken under this section by reason of this sub- paragraph. (B) If— (i) clauses (i) and (ii) of subparagraph (A) apply, and (ii) the President determines not to take any additional actions under this subsection, the President shall publish in the Federal Reg- ister such determination and the reasons on which such determination is based. (d) 1 Domestic production for national defense; impact of foreign competition on economic welfare of domestic industries For the purposes of this section, the Secretary and the President shall, in the light of the re- quirements of national security and without ex- cluding other relevant factors, give consider- ation to domestic production needed for pro- jected national defense requirements, the capac- ity of domestic industries to meet such require- ments, existing and anticipated availabilities of the human resources, products, raw materials, and other supplies and services essential to the national defense, the requirements of growth of such industries and such supplies and services including the investment, exploration, and de- velopment necessary to assure such growth, and the importation of goods in terms of their quan- tities, availabilities, character, and use as those affect such industries and the capacity of the United States to meet national security require- ments. In the administration of this section, the Secretary and the President shall further recog- nize the close relation of the economic welfare of the Nation to our national security, and shall take into consideration the impact of foreign competition on the economic welfare of indi- vidual domestic industries; and any substantial unemployment, decrease in revenues of govern- ment, loss of skills or investment, or other seri- ous effects resulting from the displacement of any domestic products by excessive imports shall be considered, without excluding other fac- tors, in determining whether such weakening of our internal economy may impair the national security. (d) 1 Report by Secretary of Commerce (1) Upon the disposition of each request, appli- cation, or motion under subsection (b), the Sec- Page 443 TITLE 19—CUSTOMS DUTIES § 1862 retary shall submit to the Congress, and publish in the Federal Register, a report on such dis- position. (2) Omitted. (f) Congressional disapproval of Presidential ad- justment of imports of petroleum or petro- leum products; disapproval resolution (1) An action taken by the President under subsection (c) to adjust imports of petroleum or petroleum products shall cease to have force and effect upon the enactment of a disapproval reso- lution, provided for in paragraph (2), relating to that action. (2)(A) This paragraph is enacted by the Con- gress— (i) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such is deemed a part of the rules of each House, respectively, but ap- plicable only with respect to the procedures to be followed in that House in the case of dis- approval resolutions and such procedures su- persede other rules only to the extent that they are inconsistent therewith; and (ii) with the full recognition of the constitu- tional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as any other rule of that House. (B) For purposes of this subsection, the term ‘‘disapproval resolution’’ means only a joint res- olution of either House of Congress the matter after the resolving clause of which is as follows: ‘‘That the Congress disapproves the action taken under section 232 of the Trade Expansion Act of 1962 with respect to petroleum imports under llllll dated llllll.’’, the first blank space being filled with the number of the proclamation, Executive order, or other Execu- tive act issued under the authority of subsection (c) of this section for purposes of adjusting im- ports of petroleum or petroleum products and the second blank being filled with the appro- priate date. (C)(i) All disapproval resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all dis- approval resolutions introduced in the Senate shall be referred to the Committee on Finance. (ii) No amendment to a disapproval resolution shall be in order in either the House of Rep- resentatives or the Senate, and no motion to suspend the application of this clause shall be in order in either House nor shall it be in order in either House for the Presiding Officer to enter- tain a request to suspend the application of this clause by unanimous consent. (Pub. L. 87–794, title II, § 232, Oct. 11, 1962, 76 Stat. 877; Pub. L. 93–618, title I, § 127(d), Jan. 3, 1975, 88 Stat. 1993; Pub. L. 96–223, title IV, § 402, Apr. 2, 1980, 94 Stat. 301; Pub. L. 100–418, title I, § 1501(a), (b)(1), Aug. 23, 1988, 102 Stat. 1257, 1259.) Editorial Notes REFERENCES IN TEXT Section 232 of the Trade Expansion Act of 1962, re- ferred to in subsec. (f)(2)(B), is classified to this section. CODIFICATION Subsection (d)(2), which required the President to submit an annual report to Congress on the operation of this section, terminated, effective May 15, 2000, pur- suant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 28 of House Document No. 103–7. AMENDMENTS 1988—Subsec. (b). Pub. L. 100–418, § 1501(a)(3), in add- ing subsec. (b) and striking out former subsec. (b) relat- ing to similar subject matter, changed structure of sub- sec. (b) from a single unnumbered par. to one consisting of pars. (1) to (4). Subsec. (c). Pub. L. 100–418, § 1501(a)(2), (3), added sub- sec. (c) and redesignated former subsec. (c) as (d). Subsec. (d). Pub. L. 100–418, § 1501(b)(1), redesignated subsec. (e), as redesignated by section 1501(a)(2) of Pub. L. 100–418, as subsec. (d) and amended it generally. Prior to amendment, subsec. (d) read as follows: ‘‘A re- port shall be made and published upon the disposition of each request, application, or motion under sub- section (b) of this section. The Secretary shall publish procedural regulations to give effect to the authority conferred on him by subsection (b) of this section.’’ Pub. L. 100–418, § 1501(a)(2), redesignated subsec. (c), relating to domestic production for national defense and the impact of foreign competition on economic welfare of domestic industries, as (d). Former subsec. (d), relating to reports on investigations by Secretary of Commerce, redesignated (e). Subsec. (e). Pub. L. 100–418, § 1501(b)(1), redesignated subsec. (e), as redesignated by section 1501(a)(2) of Pub. L. 100–418, as subsec. (d) and amended it generally. Pub. L. 100–418, § 1501(a)(2), redesignated subsec. (d), relating to reports on investigations by Secretary of Commerce, as (e). Former subsec. (e) redesignated (f). Subsec. (f). Pub. L. 100–418, § 1501(a)(1), (2), redesig- nated subsec. (e) as (f), and substituted reference to subsec. (c) of this section for reference to subsec. (b) of this section in pars. (1) and (2)(B). 1980—Subsec. (e). Pub. L. 96–223 added subsec. (e). 1975—Subsec. (b). Pub. L. 93–618, § 127(d)(1)–(3), sub- stituted ‘‘Secretary of the Treasury (hereinafter re- ferred to as the ‘Secretary’)’’ for ‘‘Director of the Office of Emergency Planning (hereinafter in this section re- ferred to as the ‘Director’)’’, substituted ‘‘advice from, and shall consult with, the Secretary of Defense, the Secretary of Commerce, and other appropriate officers of the United States’’ for ‘‘advice from other appro- priate departments and agencies’’, inserted provision for public hearings by the Secretary as part of his in- vestigation, inserted requirement that the Secretary report to the President when he recommends inaction in the same way that a report to the President is re- quired when he recommends action under this section, and placed a 1-year time limit on the Secretary’s inves- tigation before making his recommendation to the President. Subsecs. (c), (d). Pub. L. 93–618, § 127(d)(4), substituted ‘‘Secretary’’ for ‘‘Director’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–418, title I, § 1501(d), Aug. 23, 1988, 102 Stat. 1259, provided that: ‘‘(1) Except as otherwise provided under this sub- section, the amendments made by this section [amend- ing this section and repealing section 1863 of this title] shall apply with respect to investigations initiated under section 232(b) of the Trade Expansion Act of 1962 [19 U.S.C. 1862(b)] on or after the date of enactment of this Act [Aug. 23, 1988]. ‘‘(2) The provisions of subsection (c) of section 232 of the Trade Expansion Act of 1962, as amended by this section, shall apply with respect to any report sub- mitted by the Secretary of Commerce to the President Page 444 TITLE 19—CUSTOMS DUTIES § 1862 under section 232(b) of such Act after the date of enact- ment of this Act. ‘‘(3) By no later than the date that is 90 days after the date of enactment of this Act, the President shall make the determinations described in section 232(c)(1)(A) of the Trade Expansion Act of 1962, as amended by this section, with respect to any report— ‘‘(A) which was submitted by the Secretary of Com- merce to the President under section 232(b) of such Act before the date of enactment of this Act, and ‘‘(B) with respect to which no action has been taken by the President before the date of enactment of this Act.’’ PETROLEUM IMPORT ADJUSTMENT PROGRAM; OIL IM- PORT FEE OF APRIL 2, 1980; CESSATION OF FORCE AND EFFECT OF PRESIDENTIAL ACTION Pub. L. 96–264, § 2, June 6, 1980, 94 Stat. 439, provided that: ‘‘Notwithstanding any other provision of law, the action taken by the President under section 232(b) of the Trade Expansion Act of 1962 (19 U.S.C. 1862(b)) with respect to petroleum imports under Proclamation 4744, dated April 2, 1980, as amended [formerly set out below], shall cease to have force and effect upon the date of the enactment of this Act [June 6, 1980].’’ Executive Documents PROCLAMATION NO. 3279 Proc. No. 3279, Mar. 10, 1959, 24 F.R. 1781, as amended by Proc. No. 3290, Apr. 30, 1959, 24 F.R. 3527; Proc. No. 3328, Dec. 10, 1959, 24 F.R. 10133; Proc. No. 3386, Dec. 24, 1960, 25 F.R. 13945; Proc. No. 3389, Jan. 17, 1961, 26 F.R. 507; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Proc. No. 3509, Nov. 30, 1962, 27 F.R. 11985; Proc. No. 3531, Apr. 19, 1963, 28 F.R. 4077; Proc. No. 3541, June 12, 1963, 28 F.R. 5931; Proc. No. 3693, Dec. 10, 1965, 30 F.R. 15459; Proc. No. 3779, Apr. 10, 1967, 32 F.R. 5919; Proc. No. 3794, July 17, 1967, 32 F.R. 10547; Proc. No. 3820, Nov. 9, 1967, 32 F.R. 15701; Proc. No. 3823, Jan. 29, 1968, 33 F.R. 1171; Proc. No. 3969, Mar. 10, 1970, 35 F.R. 4321; Proc. No. 3990, June 17, 1970, 35 F.R. 10091; Proc. No. 4018, Oct. 16, 1970, 35 F.R. 16357; Proc. No. 4025, Dec. 22, 1970, 35 F.R. 19391; Proc. No. 4092, Nov. 5, 1971, 36 F.R. 21397; Proc. No. 4099, Dec. 20, 1971, 36 F.R. 24203; Proc. No. 4133, May 11, 1972, 37 F.R. 9543; Proc. No. 4156, Sept. 18, 1972, 37 F.R. 19115; Proc. No. 4175, Dec. 16, 1972, 37 F.R. 28043; Proc. No. 4178, Jan. 17, 1973, 38 F.R. 1719; Ex. Ord. No. 11703, Feb. 7, 1973, 38 F.R. 3579; Proc. No. 4202, Mar. 23, 1973, 38 F.R. 7977; Proc. No. 4210, Apr. 18, 1973, 38 F.R. 9645; Proc. No. 4227, June 19, 1973, 38 F.R. 16195; Ex. Ord. No. 11743, Oct. 23, 1973, 38 F.R. 29459; Ex. Ord. No. 11775, Mar. 26, 1974, 39 F.R. 11415; Ex. Ord. No. 11790, June 25, 1974, 39 F.R. 23185; Proc. No. 4317, Sept. 27, 1974, 39 F.R. 35103; Proc. No. 4341, Jan. 23, 1975, 40 F.R. 3965; Proc. No. 4355, Mar. 4, 1975, 40 F.R. 10437; Proc. No. 4370, Apr. 30, 1975, 40 F.R. 19421; Proc. No. 4377, May 27, 1975, 40 F.R. 23429; Proc. No. 4412, Jan. 3, 1976, 41 F.R. 1037; Proc. No. 4543, Dec. 27, 1977, 42 F.R. 64849; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4947; Proc. No. 4629, Dec. 8, 1978, 43 F.R. 58077; Proc. No. 4655, Apr. 6, 1979, 44 F.R. 21243; Proc. No. 4702, Nov. 12, 1979, 44 F.R. 65581; Proc. No. 4744, Apr. 2, 1980, 45 F.R. 22864; Proc. No. 4766, June 19, 1980, 45 F.R. 41899; Proc. No. 4907, Mar. 10, 1982, 47 F.R. 10507, which set forth reg- ulations governing the licensing of imports of petro- leum and petroleum products, was revoked by Proc. No. 5141, Dec. 22, 1983, 48 F.R. 56929, set out below. PROCLAMATION NO. 4744 Proc. No. 4744, Apr. 2, 1980, 45 F.R. 22864, as amended by Proc. No. 4748, Apr. 11, 1980, 45 F.R. 25371; Proc. No. 4751, Apr. 23, 1980, 45 F.R. 27905, which related to the pe- troleum import adjustment program, was rescinded by Proc. No. 4766, June 19, 1980, 45 F.R. 41899, effective Mar. 15, 1980. PROCLAMATION NO. 4762 Proc. No. 4762, June 6, 1980, 45 F.R. 39237, relating to petroleum import licensing requirements, was revoked by Proc. No. 4766, June 19, 1980, 45 F.R. 41899. PROC. NO. 5141. IMPORTS OF PETROLEUM AND PETROLEUM PRODUCTS Proc. No. 5141, Dec. 22, 1983, 48 F.R. 56929, provided: The Secretary of Energy has advised me that no pur- pose is currently served by the existing system of li- censing of imports of petroleum and petroleum prod- ucts. The Secretary of Energy also recommends that I retain the current prohibition on imports of Libyan crude oil into the United States, its territories and pos- sessions, which was adopted in Proclamation No. 4907 [amending Proc. No. 3279, formerly set out above], on the ground that such imports would be inimical to the United States national security. The Secretary further recommends that he continue to monitor imports of pe- troleum and petroleum products in order to be able to advise me as to the need for further action, as appro- priate, under Section 232 of the Trade Expansion Act of 1962, as amended [this section]. I agree with the recommendations of the Secretary of Energy. NOW, THEREFORE, I, RONALD REAGAN, President of the United States of America, by the authority vest- ed in me by the Constitution and laws of the United States, including Section 232 of the Trade Expansion Act of 1962, as amended (19 U.S.C. 1862), do hereby pro- claim that: SECTION 1. Proclamation No. 3279, as amended, is re- voked. SEC. 2. The Secretary of Energy shall continue to monitor imports of petroleum and petroleum products and shall, from time to time, in consultation with the Secretary of State, the Secretary of Commerce, and such other federal agencies as he deems appropriate, re- view the status of such imports with respect to the na- tional security. The Secretary shall inform the Presi- dent of any circumstances which in his opinion might indicate the need for further action by the President under Section 232 of the Trade Expansion Act [this sec- tion]. SEC. 3. (a) No crude oil produced in Libya may be im- ported into the United States, its territories or posses- sions. (b) The Secretary of the Treasury may issue such reg- ulations and interpretations as he deems necessary to implement this section. SEC. 4. The Secretary of Energy may continue to con- sider requests for refund of fees paid under Proclama- tion No. 3279, as amended, if such requests were filed with the Secretary prior to the effective date of this Proclamation [Dec. 22, 1983]. Any such requests shall be considered in accordance with the previously applicable provisions of Proclamation No. 3279, as amended, and implementing regulations thereunder. SEC. 5. The revocation of Proclamation No. 3279, as amended, shall not affect the authority of any federal department or agency to institute and conduct any ad- ministrative, civil or criminal audit, investigation or proceeding based on any act committed or liability in- curred while that Proclamation was in effect. SEC. 6. The revocation of Proclamation No. 3279, as amended, shall not affect the presently applicable tariff rates for imports of petroleum and petroleum products, as reflected in the Tariff Schedules of the United States, Schedule 4, part 10. SEC. 7. This Proclamation shall be effective imme- diately. IN WITNESS WHEREOF, I have hereunto set my hand this 22nd day of December, in the year of our Lord nineteen hundred and eighty-three, and of the Inde- pendence of the United States of America the two hun- dred and eighth. RONALD REAGAN. [The Tariff Schedules of the United States were re- placed by the Harmonized Tariff Schedule of the United States which is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under sec- tion 1202 of this title.] 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-