2012 US Code
Title 19 - Customs Duties
Chapter 12 - TRADE ACT OF 1974 (§§ 2101 - 2497b)
Subchapter II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION (§§ 2251 - 2401g)
Part 5 - Miscellaneous Provisions (§§ 2391 - 2397a)
Section 2397 - Omitted
Publication Title | United States Code, 2012 Edition, Title 19 - CUSTOMS DUTIES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 19 - CUSTOMS DUTIES CHAPTER 12 - TRADE ACT OF 1974 SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION Part 5 - Miscellaneous Provisions Sec. 2397 - Omitted |
Contains | section 2397 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | omitted |
Statutes at Large Reference | 102 Stat. 1254, 1255, 1256, 3808 |
Public Law References | Public Law 93-618, Public Law 100-418, Public Law 100-647 |
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Section, Pub. L. 93–618, title II, §287, as added Pub. L. 100–418, title I, §1428(b), Aug. 23, 1988, 102 Stat. 1255, which imposed an additional fee, did not become effective pursuant to section 1430(b) of Pub. L. 100–418, set out below.
Effective DatePub. L. 100–418, title I, §1430, Aug. 23, 1988, 102 Stat. 1256, as amended by Pub. L. 100–647, title IX, §9001(a)(21), Nov. 10, 1988, 102 Stat. 3808, provided that:
“(a)
“(b)
“(1) Except as otherwise provided in this subsection, the amendment made by section 1428(b) [enacting this section] shall apply (if at all) to any article entered, or withdrawn from warehouse for consumption, after the date that is 30 days after the earlier of—
“(A) the date on which the President submits to the Congress the written statement described in section 1428(a)(3)(A) [set out as a note below],
“(B) the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988], or
“(C) the date of the enactment of a disapproval resolution that passes both Houses of the Congress within the 90-day period beginning on the date that is 2 years after the date of enactment of this Act.
“(2) If the President determines on the date that is 2 years after the date of enactment of this Act that the fee imposed by the amendment made by section 1428(b) is not in the national economic interest, subparagraph (B) of paragraph (1) shall not be taken into account in applying the provisions of paragraph (1). [See Determination of President of the United States, No. 90–34, set out below.]
“(3) The amendment made by section 1428(b) shall apply (if at all) to the products of any foreign country described in section 1428(a)(1)(B) [set out as a note below] that are entered, or withdrawn from warehouse for consumption, after the later of—
“(A) the first date on which the fee imposed by such amendment applies with respect to products of foreign countries that are not described in section 1428(a)(1)(B), or
“(B) the date on which the President submits to the Congress the written statement described in section 1428(a)(3)(B) [set out as a note below] certifying the consent of such foreign country to the imposition of the fee.
“(c)
“(d)
“(e)
“(f)
“(g)
Pub. L. 100–418, title I, §1428(a), Aug. 23, 1988, 102 Stat. 1254, provided that:
“(1) The President shall—
“(A) undertake negotiations necessary to achieve changes in the General Agreement on Tariffs and Trade that would allow any country to impose a small uniform fee of not more than 0.15 percent on all imports to such country for the purpose of using the revenue from such fee to fund programs which directly assist adjustment to import competition, and
“(B) undertake negotiations with any foreign country that has entered into a free trade agreement with the United States under subtitle A [§§1101 to 1125, of title I of Pub. L. 100–418, see Tables for classification] or under section 102 of the Trade Act of 1974 [19 U.S.C. 2112] to obtain the consent of such country to the imposition of such a fee by the United States.
“(2) In the report that is submitted under section 163 of the Trade Act of 1974 [19 U.S.C. 2213] for 1989 and 1990, the President shall include a statement on the progress of negotiations conducted under paragraph (1).
“(3)(A) On the first day after the date of enactment of this Act [Aug. 23, 1988] on which the General Agreement on Tariffs and Trade allows any country to impose a fee described in paragraph (1), the President shall submit to the Congress, and publish in the Federal Register, a written statement certifying such allowance.
“(B) On the first day after the date of enactment of this Act on which any foreign country described in paragraph (1)(B) consents to the imposition of such a fee by the United States, the President shall submit to the Congress, and publish in the Federal Register, a written statement certifying such consent.
“(4) If—
“(A) the President does not submit to the Congress the written statement described in paragraph (3)(A) before the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988], and
“(B) the President determines on such date that the fee imposed by the amendment made by subsection (b) [enacting this section] is not in the national economic interest,
the President shall submit to the Congress, and publish in the Federal Register, written notice of such determination on such date. [See Determination of President of the United States, No. 90–34, set out below.]
“(5)(A) Any disapproval resolution that is introduced in the Senate or House of Representatives within the 90-day period beginning on the date that is 2 years after the date of enactment of this Act [Aug. 23, 1988] shall, for purposes of section 152 of the Trade Act of 1974 (19 U.S.C. 2192), be treated as a joint resolution described in section 152(a)(1)(A) of such Act.
“(B) For purposes of this part [see Effective Date note above], the term ‘disapproval resolution’ means a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: ‘That the Congress disapproves of the determination made by the President under section 1428(a)(4)(A) of the Omnibus Trade and Competitiveness Act of 1988 [subsec. (a)(4)(A) of this note].’ ”
Determination That Certain Import Fees Are Not in the National Economic InterestDetermination of President of the United States, No. 90–34, Aug. 23, 1990, 55 F.R. 34889, provided:
Pursuant to section 1428(a)(4)(B) of the Omnibus Trade and Competitiveness Act of 1988 [Pub. L. 100–418, set out above], I determine that it is not in the national economic interest to impose the fee described under subsection (b) of that section [enacting this section].
I hereby authorize and direct the United States Trade Representative to submit to the Congress and publish in the Federal Register written notice of this determination.
George Bush.
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