                        TITLE 19--CUSTOMS DUTIES
 
                   CHAPTER 7--TRADE EXPANSION PROGRAM
 
    SUBCHAPTER III--TARIFF ADJUSTMENT AND OTHER ADJUSTMENT ASSISTANCE
 
                       Part IV--Tariff Adjustment
 
Sec. 1981. 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

    (1) After receiving an affirmative finding of the United States 
International Trade Commission under section 1901(b) of this title with 
respect to an industry, the President may proclaim such increase in, or 
imposition of, any duty or other import restriction on the article 
causing or threatening to cause serious injury to such industry as he 
determines to be necessary to prevent or remedy serious injury to such 
industry.
    (2) If the President does not, within 60 days after the date on 
which he receives such affirmative finding, proclaim the increase in, or 
imposition of, any duty or other import restriction on such article 
found and reported by the United States International Trade Commission 
pursuant to section 1901(e) \1\ of this title--
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    \1\ See References in Text note below.
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        (A) he shall immediately submit a report to the House of 
    Representatives and to the Senate stating why he has not proclaimed 
    such increase or imposition, and
        (B) such increase or imposition shall take effect (as provided 
    in paragraph (3)) upon the adoption by both Houses of the Congress 
    (within the 60-day period following the date on which the report 
    referred to in subparagraph (A) is submitted to the House of 
    Representatives and the Senate), by the yeas and nays by the 
    affirmative vote of a majority of the authorized membership of each 
    House, of a concurrent resolution stating in effect that the Senate 
    and House of Representatives approve the increase in, or imposition 
    of, any duty or other import restriction on the article found and 
    reported by the United States International Trade Commission.

For purposes of subparagraph (B), in the computation of the 60-day 
period there shall be excluded the days on which either House is not in 
session because of adjournment of more than 3 days to a day certain or 
an adjournment of the Congress sine die. The report referred to in 
subparagraph (A) shall be delivered to both Houses of the Congress on 
the same day and shall be delivered to the Clerk of the House of 
Representatives if the House of Representatives is not in session and to 
the Secretary of the Senate if the Senate is not in session.
    (3) In any case in which the contingency set forth in paragraph 
(2)(B) occurs, the President shall (within 15 days after the adoption of 
such resolution) proclaim the increase in, or imposition of, any duty or 
other import restriction on the article which was found and reported by 
the United States International Trade Commission pursuant to section 
1901(e) of this title.
    (4) The President may, within 60 days after the date on which he 
receives an affirmative finding of the United States International Trade 
Commission under section 1901(b) \1\ of this title with respect to an 
industry, request additional information from the United States 
International Trade Commission. The United States International Trade 
Commission shall, as soon as practicable but in no event more than 120 
days after the date on which it receives the President's request, 
furnish additional information with respect to such industry in a 
supplemental report. For purposes of paragraph (2), the date on which 
the President receives such supplemental report shall be treated as the 
date on which the President received the affirmative finding of the 
United States International Trade Commission with respect to such 
industry.

(b) Maximum rate of increase

    No proclamation pursuant to subsection (a) of this section shall be 
made--
        (1) increasing any rate of duty to a rate more than 50 percent 
    above the rate existing on July 1, 1934, or, if the article is 
    dutiable but no rate existed on July 1, 1934, the rate existing at 
    the time of the proclamation.
        (2) in the case of an article not subject to duty, imposing a 
    duty in excess of 50 percent ad valorem.

For purposes of paragraph (1), the term ``existing on July 1, 1934'' has 
the meaning assigned to such term by paragraph (5) of section 1886 \1\ 
of this title.

(c) Reduction, termination, or extension of increase in, or imposition 
        of, any duty or other import restriction

    (1) Any increase in, or imposition of, any duty or other import 
restriction proclaimed pursuant to this section or section 7 of the 
Trade Agreements Extension Act of 1951--
        (A) may be reduced or terminated by the President when he 
    determines, after taking into account the advice received from the 
    United States International Trade Commission under subsection (d)(2) 
    of this section and after seeking advice of the Secretary of 
    Commerce and the Secretary of Labor, that such reduction or 
    termination is in the national interest, and
        (B) unless extended under section 2253 of this title, shall 
    terminate not later than the close of the date which is 4 years (or, 
    in the case of any such increase or imposition proclaimed pursuant 
    to such section 7, 5 years) after the effective date of the initial 
    proclamation or October 11, 1962, whichever date is the later.

    (2) Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3, 1975, 
88 Stat. 2072.

(d) Review of developments with respect to industries concerned; annual 
        report to President; advice of probable economic effect; 
        considerations; investigations; hearings

    (1) So long as any increase in, or imposition of, any duty or other 
import restriction pursuant to this section or pursuant to section 7 of 
the Trade Agreements Extension Act of 1951 remains in effect, the United 
States International Trade Commission shall keep under review 
developments with respect to the industry concerned, and shall make 
annual reports to the President concerning such developments.
    (2) Upon request of the President or upon its own motion, the United 
States International Trade Commission shall advise the President of its 
judgment as to the probable economic effect on the industry concerned of 
the reduction or termination of the increase in, or imposition of, any 
duty or other import restriction pursuant to this section or section 7 
of the Trade Agreements Extension Act of 1951.
    (3) Repealed. Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3, 1975, 
88 Stat. 2072.
    (4) In advising the President under this subsection as to the 
probable economic effect on the industry concerned, the United States 
International Trade Commission shall take into account all economic 
factors which it considers relevant, including idling of productive 
facilities, inability to operate at a level of reasonable profit, and 
unemployment or underemployment.
    (5) Advice by the United States International Trade Commission under 
this subsection shall be given on the basis of an investigation during 
the course of which the United States International Trade Commission 
shall hold a hearing at which interested persons shall be given a 
reasonable opportunity to be present, to produce evidence, and to be 
heard.

(e) Conformity of trade agreements with this section

    The President, as soon as practicable, shall take such action as he 
determines to be necessary to bring trade agreements entered into under 
section 1351 of this title into conformity with the provisions of this 
section. No trade agreement shall be entered into under section 1821(a) 
of this title unless such agreement permits action in conformity with 
the provisions of this section.

(Pub. L. 87-794, title III, Sec. 351, Oct. 11, 1962, 76 Stat. 899; Pub. 
L. 93-618, title I, Sec. 171(b), title VI, Sec. 602(c), (d), Jan. 3, 
1975, 88 Stat. 2009, 2072.)

                       References in Text

    Section 1901 of this title, referred to in subsec. (a), was repealed 
by Pub. L. 93-618, title VI, Sec. 602(d), (e), Jan. 3, 1975, 88 Stat. 
2072. See section 2251 et seq. of this title.
    Section 1886 of this title, referred to in subsec. (b), was repealed 
by Pub. L. 93-618, title VI, Sec. 602(d), Jan. 3, 1975, 88 Stat. 2072. 
See section 2481 of this title.
    Section 7 of the Trade Agreements Extension Act of 1951, referred to 
in subsecs. (c)(1) and (d)(1), (2), was classified to section 1364 of 
this title, and was repealed by section 257(e)(1) of Pub. L. 87-794.


                               Amendments

    1975--Pub. L. 93-618, Sec. 171(b), substituted ``United States 
International Trade Commission'' for ``United States Tariff Commission'' 
wherever appearing.
    Subsec. (c)(1)(B). Pub. L. 93-618, Sec. 602(c), substituted ``unless 
extended under section 2253 of this title.'' for ``unless extended under 
paragraph (2),''.
    Subsec. (c)(2). Pub. L. 93-618, Sec. 602(d), struck out par. (2) 
which provided for the extension of increases in, or imposition of, 
duties or other import restrictions. See section 2253 of this title.
    Subsec. (d)(3). Pub. L. 93-618, Sec. 602(d), struck out par. (3) 
which provided for notification to the President by the Tariff 
Commission of the probable impact of the termination of duties or other 
import restrictions.


              Status of Certain Changes in Tariff Schedules

    Section 1(d) of Pub. L. 90-638, Oct. 24, 1968, 82 Stat. 1360, 
provided that: ``The rates of duty in rate column numbered 1 [of item 
662.18] of the Tariff Schedules of the United States (as amended by the 
subsections (a) and (c)) shall be treated as not having the status of 
statutory provisions enacted by the Congress, but as having been 
proclaimed by the President as being required or appropriate to carry 
out foreign trade agreements to which the United States is a party. The 
rate of duty in rate column numbered 1 of item 662.20 of the Tariff 
Schedules of the United States (as amended by subsection (a)) shall not 
supersede the staged rates of duty provided for such item in Annex III 
to Proclamation 3822, dated December 16, 1967 (32 Fed. Reg., No. 244, 
part II).''
    Section 2(d) of Pub. L. 90-638, Oct. 24, 1968, 82 Stat. 1360, 
provided that:
    ``(1) For purposes of applying sections 256(4) [section 1886(4) of 
this title], 256(d) [section 1886(5) of this title], and 351(b) of the 
Trade Expansion Act of 1962 [subsec. (b) of this section] and section 
350(c)(2)(A) of the Tariff Act of 1930 [section 1351(c)(2)(A) of this 
title]--
        ``(A) the rates of duty in rate column numbered 1 of the Tariff 
    Schedules of the United States [items 355.70, 356.30, and 359.30] 
    (as changed by subsection (b)) shall be treated as the rates of duty 
    existing on July 1, 1962; and
        ``(B) the rates of duty in rate column numbered 2 of such 
    Schedules (as changed by subsection (b)) shall be treated as the 
    rates of duty existing on July 1, 1934.
    ``(2) The rates of duty in rate column numbered 1 of the Tariff 
Schedules of the United States (as amended by subsection (b)) shall be 
treated as not having the status of statutory provisions enacted by the 
Congress, but as having been proclaimed by the President as being 
required or appropriate to carry out foreign trade agreements to which 
the United States is a party.''
    Section 2(c) of Pub. L. 90-564, Oct. 12, 1968, 82 Stat. 1001, 
provided that:
    ``(1) The rates of duty in rate column numbered 1 of the Tariff 
Schedules of the United States for item 149.48 (as added by the first 
section of this Act and amended by subsection (b) of this section) shall 
be treated as not having the status of statutory provisions enacted by 
the Congress, but as having been proclaimed by the President as being 
required or appropriate to carry out foreign trade agreements to which 
the United States is a party.
    ``(2) For purposes of section 351(b) of the Trade Expansion Act of 
1962 [subsec. (b) of this section], the rate of duty in rate column 
numbered 2 of the Tariff Schedules of the United States for item 149.48 
(as added by the first section of this Act) shall be treated as the rate 
of duty existing on July 1, 1934.''
    Section 9 of Pub. L. 89-651, Oct. 14, 1966, 80 Stat. 902, provided 
that: ``Any duty-free treatment provided for in this Act [see Short 
Title note set out preceding section 1202 of this title] shall, for 
purposes of title III of the Trade Expansion Act of 1962 (76 Stat. 883; 
19 U.S.C., secs. 1901 to 1991) [this subchapter], be treated as a 
concession granted under a trade agreement: Provided, That any action 
taken pursuant to section 351 of such Act [this section] as the result 
of this section shall be consistent with obligations of the United 
States under trade agreements.''
    Section 4 of Pub. L. 89-388, Apr. 13, 1966, 80 Stat. 110, provided 
that: ``For purposes of applying paragraphs (4) and (5) of section 256 
(19 U.S.C. 1886) and section 351(b) (19 U.S.C. 1981(b)) of the Trade 
Expansion Act of 1962 and section 350(c)(2)(A) of the Tariff Act of 1930 
(19 U.S.C. 1351(c)(2)(A))--
        ``(1) The rates of duty in rate column numbered 1 of the Tariff 
    Schedules of the United States as changed by this Act shall be 
    treated as the rates of duty existing on July 1, 1962.
        ``(2) The rates of duty in rate column numbered 2 of such 
    Schedules as changed by this Act shall be treated as the rates of 
    duty existing on July 1, 1934.''
    Section 3 of Pub. L. 89-241, Oct. 7, 1965, 79 Stat. 933, provided 
that:
    ``(a) For purposes of applying paragraphs (4) and (5) of section 256 
(19 U.S.C., sec. 1886) and section 351(b) (19 U.S.C., sec. 1981(b)) of 
the Trade Expansion Act of 1962 and section 350(c)(2)(A) of the Tariff 
Act of 1930 (19 U.S.C., sec. 1351(c)(2)(A))--
        ``(1) The rates of duty in rate column numbered 1 of the Tariff 
    Schedules of the United States as changed by this Act shall be 
    treated as the rates of duty existing on July 1, 1962.
        ``(2) The rates of duty in rate column numbered 2 of such 
    Schedules as changed by this Act shall be treated as the rates of 
    duty existing on July 1, 1934.
    ``(b) The rates of duty in rate column numbered 1 of the Tariff 
Schedules of the United States as changed by this Act which are lower 
than the rates of duty in rate column numbered 2 of such Schedules for 
the corresponding items shall be treated--
        ``(1) as not having the status of statutory provisions enacted 
    by the Congress, but
        ``(2) as having been proclaimed by the President as being 
    required or appropriate to carry out foreign trade agreements to 
    which the United States is a party.
    ``(c) The changes in part 2 of the Appendix to the Tariff Schedules 
of the United States made by section 30 of this Act [to items 923.75 and 
923.77] shall be treated--
        ``(1) as not having the status of statutory provisions enacted 
    by the Congress, but
        ``(2) as having been proclaimed by the President pursuant to 
    paragraph (2) of section 102 of the Tariff Classification Act of 
    1962 (19 U.S.C., sec. 1202 note).
    ``(d) The changes in part 3 of the Appendix to the Tariff Schedules 
of the United States made by section 88 of this Act [to headnote 2(b), 
(c)] shall be treated--
        ``(1) as not having the status of statutory provisions enacted 
    by the Congress, but
        ``(2) as having been proclaimed by the President pursuant to 
    section 22 of the Agricultural Adjustment Act, as amended (7 U.S.C., 
    sec. 624).''
    [The Tariff Schedules of the United States were replaced 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 section 1202 of this title.]

                  Section Referred to in Other Sections

    This section is referred to in sections 1982, 2137, 2463 of this 
title.
