PUBLIC LAW 86 - 84TH CONGRESS CHAPTER 169 - SESSION H. R. I AN ACT

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• Collection: General CIA Records
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• Document Creation Date: November 11, 2016
• Document Release Date: January 19, 1999
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Chapter 169 - 1st Session
H. R., 1
AN ACT
To extend the authority of the President to enter into trade agreements under
section 350 of the Tariff jet of 19:30, as amended, and for other purposes.
Be it enacted by the Senate and House of xei)YetCYttat27'es Of the
United States of America in. Congress assembled, Thilt this Act. may TTraradde e Ag Agrreee-
e-ion
be cited as the "Trade Agreements Extension Act of 1955". Act of 1955.
SEC. 2. The period during which the President is authorized to enter
into foreign trade agreements under section 350 of the Tariff Act of star. 360.
1930, as amended (1911. S. C.. sec. 1351), is hereby extended front .Bute 68
12, 1955, until the close of June 30, 1958. 4s Stat. 943.
Sr(,,. 3. (a) Subsection (a) of section 350 of the Tariff Act of 19.30
as amended (19 IT. S. C., sec. 1351 (a) ), is hereby amended to read as 69 Stat. 162.
follows: 69 Stat. 163.
i) 1) For the purpose a expanding foreign urn sets for t to Authority of
products of the United States (as it means of assisting in establishing President.
and maintaining a better relationship among various branches of
American agriculture, industry, mining, and commerce) by regn-
lating the admission of foreign goods into the united States in accord-
ance with the characteristics and needs of various branches of Ameri-
can production so that foreign markets will be made available to
those branches of American product ion which require and are capable
of developing such outlets by affording corresponding market oppor-
tunities for foreign products ill the I-nited States, the President, when-
ever lie finds as a fact that any existing duties or other import restric-
tions of the United States or any foreign country are unduly burden-
ing and restricting the foreign trade of the United States and that
the purpose above declared will be promoted by the nte:uis hereinafter
specified, is authorized from time to time--
"(A) To enter into foreign trade agreements with foreign
g overnnients or iustrmnentalit ies thereof : Provided, That the
enactment of the Trade Agreements Extension Act of 1955 shall
not be construed to determine or indicate the approval or dis-
approval by the Congress of the executive agreenieutknown as pts.
the General Agreement on Tariff's and Trade. 661 and Stat.
.
"(I3) To proclaim such modifications of existing duties and
other import restrictions, or such additional import restrictions,
or such continuance, and for such minimum periods, of existing
customs or excise treatment of any article covered by foreign
trade agreements, as are required or appropriate to carry out any
foreign trade agreement that the President has entered into
hereunder.
"(2) No proclamation pursuant to paragraph (1) (I3) of this sub- Limitations
section shall be made-- on duty
"(A) Increasing by more than 50 per centmn any rate of modifications.
duty existing on January 1, 1945.
"(I3) Transferring ally article between the dutiable and free
lists.
"(C) In order to carry out a foreign trade agreement entered
into by the President before Julie 12, 1955, or with respect to
which notice of intention to negotiate was published in the
Federal Register on November 16, 1954, decreasing by more than
50 leer centum ally rate of duty existing on January 1, 1945.
(I)) In order to carry out a foreign trade agreement entered
into by the President on or after June 12, 1955, decreasing (except
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as provided ill subparagraph (C) of this paragraph) any rate of
duty below the ]owe-,-;t of the following rates:
"(i) The into 15 per centmn below the rate existing on
January 1, 1055.
"(ii) In the case of any article subject. to an ad valorem
rate of duty above 50 per centum (or a combination of ad valo-
rem rates aggregating more than 50 per centum), the rate 50
per centum ad valorem (or a combination of ad valorem rates
aggregating 50 per centum). In the case of any article
subject to a specific rate of duty (or a combination of rates
including a specific rate) the ad valorem equivalent of
which has been determined by the President to have been
above 50 per centum during a period determined by the
]'resident to be a representative period, the rate 50 per
centuWi ad valorem or the rate (or a combination of rates),
however stated, the ad valorem equivalent of which the Presi-
69 Stat. 163. dent determines would have been 50 per centum during such
59 stTt. - perioc. ie s anc ands of valuation contained in section 402
of this Act (as in effect during the re presentative period)
shall be utilized by the President, to the maximum extent
he findssini utilization practicable, in making the determina-
tions under the preceding sentence.
Effectivity (3) (A) Subject to the provisions of sub paragra rhs (B) of duty of this paragraph, the provisions of any ~roclamationmade and
modifications, paragraph (1) (B) of this subsection, and the provisions of any
proclamation of suspension under paragraph (4) of this subsection,
shall be in effect from and after such time as is specified in the
proslaniation.
Decreases ?`(I3) In the case of any decrease in duty to which paragraph (2)
in duty. (1)) of this subsection applies-
'`(i) if the total amount of the decrease under the foreign trade
agreement does not exceed 15 per centinn of the rate existing on
January 1. 1055, the amount of decrease becoming initially effec-
tive at one time shall not exceed 5 per centum of the rate existing
OR Jauuaty 1, 195,
"(ii) except as provided in clause (i), not more than one-third
of the total amount of the decrease ruder the foreign trade agree-
Wientshall becomeinitially effective at one time; and
"(iii) no part of the decrease after the first part shall become
initially effective until the immediately previous part shall have
been in effect for a period or periods aggregating not less than
oiie year.
"(C) No part of any decrease in duty to which the alternativespeci-
fied iu paragraph (2) (D) (i) of this subsection applies shall become
iuit;:nlly effective after the expiration of the three-year period which
begins on July 1, 1955. If any part of such decrease has become efrec-
tive., then for purposes of this subparagraph any time thereafter dur-
ing which such part of the decrease is not in effect by reason of legis-
lation of the I?nitedStates or action thereunder shall be excluded in
determining when thethree-year periodtexpires.
Authority "(I)) If (in order to carry out a foreign trade agreement entered
to exceed into by the President oil or after June 12, 1955) the President deter-
limitation. mines that such action will simplify the computation of the amount
of duty imposed with respect to an article, he may exceed any limitation
specified in paragraph (2) (C) or (D) of this subsection or subpara-
graph (13) of this paragraph by not more than whichever of the
following is lesser:
"(i) The difference between the limitation nuid the next lower
whole number, or
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"(ii) One-half of 1 per centum ad valorem.
In the case of a specific rate (or of a combination of rates which
includes a specific rate), the one-half of 1 per centum specified in
clause (ii) of the preceding sentence shall be determined in the same
manner as the ad valorem equivalent of rates not stated wholly in ad
valorem terms is determined for the purposes of paragraph (2) (D)
(ii) of this subsection.
"(4) Subject to the provisions of section 5 of the Trade Agreements Applicability.
Extension Subject of 1951 (19 U. S. C., sec. 1362), duties and other import 65 Stat. 73.
restrictions proclaimed pursuant to this section shall apply to articles
the growth, produce, or manufacture of all foreign countries, whether
imported directly or indirectly : Provided, That the President shall, as
soon as practicable, 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 purpose of this section. 69 Stat. 164.
"(5) The President may ai any time terminate, in whole or in part, 69 Stat. 165.
any proclamation made pursuant to this section."
(b) The last sentence of section 350 (b) of the Tariff Act of 19 30, Cuban produots.
as amended (19 U. S. C., sec. 1351 (b) ), is hereby amended to read as 63 Stat. 698.
follows : "No rate of duty on products of Cuba shall be decreased-
"(1) In order to carry out, a foreign trade agreement entered
into by the President before June 12, 1955, by more than 50 per
centum of the rate of duty existing on January 1, 1945, with re-
spect to products of Cuba.
"(2) In order to carry out a foreign trade agreement entered
into by the President on or after June 12, 1955, below the appli-
cable alternative specified in subsection (a) (2) (C) or (D) (sub-
ject to the provisions of subsection (a) (3) (B), (C), and (D) ),
each such alternative to be read for the purposes of this para-
graph as relating to the rate of duty applicable to products of
Cuba. With respect to products of Cuba, the limitation of sub-
section (a) (2) (D) (ii) may be exceeded to such extent as may
be required to maintain an absolute margin of preference to which
such products are entitled."
(c) Subsection (c) of section 350 of the Tariff Act of 1930, as Definitions.
amended (19 U. S. C., sec. 1351 (c) ), is hereby amended by inserting 4e Stat. 944.
"(1)" after "(c) ", by striking out "(1)" and inserting in lieu thereof
"(A)", by striking out "(2)" and inserting in lieu thereof "(B)", and
by adding at the end thereof the following new paragraph:
"(2) For purposes of this section---
"(A) Except as provided in subsection (d), the terms `exist 59 Stat. 411.
ing on January 1, 1945' and `existing on January 1, 1955' refer 19 USC 1351 (d).
to rates of duty (however established, and even though tempo-
rarily suspended by Act of Congress or otherwise) existing on
the date specified, except rates in effect by reason of action taken
pursuant to section 5 of the Trade Agreements Extension Act of
1951 (19 U. S. C., see. 1362). 65 Stat. 73.
"(B) The term `existing' without the specification of any date,
when used with respect to any matter relating to the conclusion
of, or proclamation to carry out, a foreign trade agreement, means
existing on the day on which that trade agreement is entered into."
(d) Section 350 of the Tariff Act of 1930, as amended (19 U. S. (1., 4e Stat. 943.
sec. 1351), is hereby amended by adding at the end thereof the follow-
ing new subsection:
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Reports tD "(e) (1) The President shall submit to the Congress an annual
congress. report on the operation of the trade agreements program, including
information regarding new negotiations, modifications made in duties
and import restrictions of the United States, reciprocal concessions
obtained, modifications of existing trade agreements in order to effec-
tuate more fully the purposes of the trade agreements legislation (in-
cluding the incorporation therein of escape clauses), and other in-
formation relating to that program and to the agreements entered
into thereunder.
"(2) The Tariff Commission shall at all times keep informed Con-
cerning the operation and effect of provisions relating to duties or
other import restrictions of the United States contained in trade
agreements heretofore or hereafter entered into by the President
cinder the authority of this section. The Tariff Commissiori, at least
once a year, shall submit. to the Congress a factual report on the opera-
69 Stat. 165. tion of the'trade-agreements program."
69 tat. TGS. c. 4. Subsection (b) of section 6 of the Trade Agreements Ex-
65 Stat. 3. tension Act of 1951, as amended (19 IT. S. C., sec. 1363 (b) ), is hereby
amended by striking' out the second sentence thereof.
Esoape clause SEC . 5. le last en Lice o su sec non (a) of section 7 of the Trade
operation. kgreeinents Extension Act of 1951, as amended (19 U. S. C., sec. 1364
65 sta-s. 74, (a) ), is amended to read as follows: "The Tariff Commission shall
inimediately make public its findings and recommendations to the
President, including any dissenting or separate findings and recom-
Publication mendations, and shall cause a smnnnary thereof to be published in the
of findings Federal Register.".
in FR. Szc. 6. (ar) Subsection (b) of section 7 of the Trade Agreements
Extension Act of 1951, as intended (19 U. S. C., sec. 1364 (b) ), is
amended by adding at the end thereof the following: "Increased
imports, either actual or relative, shall be considered as the cause or
threat, of serious injury to the domestic industry producing like or
directly competitive products when the Commission finds that such
increased imports have contributed substantially towards causing or
threatening serious injury to such industry.".
(b) Section 7 of the Trade Agreements Extension Act of 1951, as
amended (19 U. S. C., sec. 1364), is amended by adding at the end
thereof the following new subsection:
Definitions. "(e) As used in this Act, the terms `domestic industry producing
like or directly competitive products' a nd `domestic industry producing
like or directly competitive articles' mean that portion or subdivision
of the producing organizations manufacturing, assembling, processing,
extracting. growing, or otherwise producing like or directly competi-
tive products or articles in commercial quantities. In applying the
preceding sentence, the Commission shall (so far as practicable)-
or separate the operations of the producing organizations
involving the like. or directly competitive products or articles referred
to in such sentence from the operations of such organizations involving
other products or articles.".
Sic. 7. Section 2 of the Act entitled "An Act to extend the authority
of the President to enter into trade agreements under section 350 of the
68 Stat. 360. Tariff Act of 1930, as amended", approved July 1, 1954 (19 U. S. C.,
sec.. 1352a), is hereby amended by inserting "(a)" after "Si:c, 2." And
by adding at the end thereof a new subsection as follows :
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"(b) In order to further the policy and purpose of this section, ODM..
whenever the Director of the Office of Defense Mobilization has reason Reports on
to believe that any article is being imported into the United States in imports im-ing such quantities as to threaten to impair the national security, he shall al seourity.
l souty.
so advise the President, and if the President agrees that there is reason
for such belief, the President shall cause an immediate investigation
to be made to determine the facts. If, on the basis of such investiga-
tion, and the report to him of the findings and recommendations
made in connection therewith, the President finds that the article is
being imported into the United States in such quantities as to threaten
to impair the national security, he shall take such action as he deems
necessary to adjust the imports of such article to a level that will not
threaten to impair the national security.".
Approved June 21, 1955.
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