fee in respect of which the act or performance is required. (Apr. 1, 1941, ch. 59, § 2, 55 Stat. 134.)

CODIFICATION

Section is not a part of the Tariff Act of 1930, which comprises this chapter.

§ 1357-1359. Repealed. Sept. 26, 1949, ch. 585, § 2, 63 Stat. 698.

Sections, act June 26, 1948, ch. 678, §§ 3 (a), (b), 4, 5, 62 Stat. 1053, 1054, which related to the investigatory functions of the Tariff Commission and the report by the President to Congress, are not now covered.

§ 1360. Peril point; procedure by Tariff Commission.

(a) Before entering into negotiations concerning any proposed foreign trade agreement under section 1351 of this title, the President shall furnish the United States Tariff Commission (hereinafter in sections 1352 (a), (c), 1354, and 1360-1367 of this title, and section 624 (f) of Title 7, referred to as the "Commission") with a list of all articles imported into the United States to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment. Upon receipt of such list the Commission shall make an investigation and report to the President the findings of the Commission with respect to each such article as to (1) the limit to which such modification, imposition, or continuance may be extended in order to carry out the purpose of said section without causing or threatening serious injury to the domestic industry producing like or directly competitive articles; and (2) if increases in duties or additional import restrictions are required to avoid serious injury to the domestic industry producing like or directly competitive articles the minimum increases in duties or additional import restrictions required. Such report shall be made by the Commission to the President not later than 120 days after the receipt of such list by the Commission. No such foreign trade agreement shall be entered into until the Commission has made its report to the President or until the expiration of the 120-day period.

(b) In the course of any investigation pursuant to this section the Commission shall hold hearings and give reasonable public notice thereof, and shall afford reasonable opportunity for parties interested to be present, to produce evidence, and to be heard at such hearings. (June 16, 1951, ch. 141, § 3 (a, b), 65 Stat. 72.)

SHORT TITLE

Congress in enacting sections 1360-1367 of this title, amendment to sections 1352 (a), (c), 1354 of this title, amendment of a note set out under section 1516 of this title, and amendment of section 624 (f) of Title 7, Agriculture, provided by section 1 of act June 16, 1951, that these provisions should be popularly known as the "Trade Agreements Extension Act of 1951".

CODIFICATION

Section is comprised of subsections (a) and (b) of section 3 of act June 16, 1951. Subsection (c) amends section 1354 of this title. Section was not enacted as a part of the Tariff Act of 1930, which comprises this chapter. § 1361. Same; action by President; reports to Congress. (a) Within thirty days after any trade agreement under section 1351 of this title has been entered into

which, when effective, will (1) require or make appropriate any modification of duties or other import restrictions, the imposition of additional import restrictions, or the continuance of existing customs or excise treatment, which modification, imposition, or continuance will exceed the limit to which such modification, imposition, or continuance may be extended without causing or threatening serious injury to the domestic industry producing like or directly competitive articles as found and reported by the Tariff Commission under section 1360 of this title, or (2) fail to require or make appropriate the minimum increase in duty or additional import restrictions required to avoid such injury, the President shall transmit to Congress a copy of such agreement together with a message accurately identifying the article with respect to which such limits or minimum requirements are not complied with, and stating his reasons for the action taken with respect to such article. If either the Senate or the House of Representatives, or both, are not in session at the time of such transmission, such agreement and message shall be filed with the Secretary of the Senate or the Clerk of the House of Representatives, or both, as the case may be.

(b) Promptly after the President has transmitted such foreign trade agreement to Congress the Commission shall deposit with the Committee on Ways and Means of the House of Representatives, and the Committee on Finance of the Senate, a copy of the portions of its report to the President dealing with the articles with respect to which such limits or minimum requirements are not complied with. (June 16, 1951, ch. 141, § 4, 65 Stat. 73.)

CODIFICATION

Section was not enacted as a part of the Tariff Act of 1930, which comprises this chapter.

§ 1362. Suspension or withdrawal of concessions from Communistic areas.

As soon as practicable, the President shall take such action as is necessary to suspend, withdraw or prevent the application of any reduction in any rate of duty, or binding of any existing customs or excise treatment, or other concession contained in any trade agreement entered into under authority of section 1351 of this title, to imports from the Union of Soviet Socialist Republics and to imports from any nation or area dominated or controlled by the foreign government or foreign organization controlling the world Communist movement. (June 16, 1951, ch. 141, § 5, 65 Stat. 73.)

CODIFICATION

Section was not enacted as a part of the Tariff Act of 1930, which comprises this chapter. PROC. NO. 2935.

SUSPENSION OF REDUCTIONS OF DUTIES AND BAN ON CERTAIN IMPORTS Proc. No. 2935, Aug. 3, 1951, 16 F. R. 7635, 65 Stat. c25, provided:

Now, therefore, I, Harry S. Truman, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and the statutes, including the said sections 5 and 11 of the Trade Agreements Extension Act of 1951 [this section and section 1367 of this title], do proclaim:

PART I

That the application of reduced rates of duty (including rates of import tax) established pursuant to trade agreements heretofore or hereafter entered into under the authority of section 350 of the Tariff Act of 1930 [section 1351 of this title], as originally enacted or as amended and extended (ch. 474, 48 Stat. 943; ch. 22, 50 Stat. 24; ch. 96, 54 Stat. 107; ch. 118, 57 Stat. 125; ch. 269, 59 Stat. 410; ch. 678, 62 Stat. 1053; ch. 585, 63 Stat. 697; Public Law 50, 82d Congress), shall be suspended with respect to imports from such nations and areas referred to in section 5 [this section] as may be specified in any notification pursuant to this part of this proclamation given by the President to the Secretary of the Treasury, and published in the Federal Register, which are entered, or withdrawn from warehouse, for consumption on such date as may be specified for each such nation or area in the notification, or are so entered or withdrawn thereafter until such date as may be so specified in a later notification and so published for the termination of such suspension. For the purposes of this part the term "imports from such nations and areas" shall mean articles imported directly or indirectly into the United States from nations or areas specified in an effective notification, but shall not in any case include articles the growth, produce, or manufacture of any other nation or area.

PART II

That the entry, or withdrawal from warehouse, for consumption of ermine, fox, kolinsky, marten, mink, muskrat, and weasel furs and skins, dressed or undressed, shall be prohibited as to products of such nations and areas as may be specified in any notification pursuant to this part of this proclamation given by the President to the Secretary of the Treasury, and published in the Federal Register, on such date as may be specified for each such nation or area in the notification, and thereafter until such date as may be so specified in a later notification and so published for the termination of such prohibition.

TRADE AGREEMENT LETTER Nov. 23, 1951, 16 F. R. 11851 Union of Soviet Socialist Republics and Poland Affected by Suspension of Duty Reductions and Ban on Imports November 20, 1951.

My Dear Mr. Secretary:

Pursuant to Part I of my proclamation of August 1, 1951, carrying out sections 5 and 11 of the Trade Agreements Extension Act of 1951 [this section and section 1367 of this title] I hereby notify you that the suspension provided for therein shall be applicable with respect to imports from the following nations and areas which are entered, or withdrawn from warehouse, for consumption on and after January 5, 1952:

Union of Soviet Socialist Republics.

Poland and areas under Polish domination or control. Pursuant to Part II of that proclamation of August 1, 1951, I hereby notify you that the entry, or withdrawal from warehouse, for consumption of ermine, fox, kolinsky, marten, mink, muskrat, and weasel furs and skins, dressed or undressed, shall be prohibited on and after January 5, 1952, as to products of the Union of Soviet Socialist Republics.

Bulgaria Affected by Suspension of Duty Reductions and Ban on Imports

Washington, September 17, 1951.

My Dear Mr. Secretary: Pursuant to Part I of my proclamation of August 1, 1951, carrying out sections 5 and 11 of the Trade Agreements Extension Act of 1951 [this section and section 1367 of this title], I hereby notify you that the suspension provided for therein shall be applicable with respect to imports from Bulgaria which are entered, or withdrawn from warehouse, for consumption after the close of business October 17, 1951.

Pursuant to Part II of that proclamation of August 1, 1951, I hereby notify you that the entry, or withdrawal from warehouse, for consumption of ermine, fox, kolinsky, marten, mink, muskrat, and weasel furs and skins, dressed or undressed, shall be prohibited after the close of business August 31, 1951, as to products of any part of China which may be under Communist domination or control.

My letter addressed to you on May 30, 1942, with reference to duties proclaimed in connection with trade agreements entered into under the authority of the Trade Agreements Act [section 1351 et seq. of this title], shall be superseded after the close of business August 31, 1951. Very sincerely yours,

Hon. John W. Snyder,

The Secretary of the Treasury.

Harry S. Truman,

§1363. Escape clause for future agreements; insertion in past agreements; reports to Congress.

(a) No reduction in any rate of duty, or binding of any existing customs or excise treatment, or other concession hereafter proclaimed under section 1351 of this title, shall be permitted to continue in effect when the product on which the concession has been granted is, as a result, in whole or in part, of the duty or other customs treatment reflecting such concession, being imported into the United States in such increased quantities, either actual or relative, as to cause or threaten serious injury to the domestic industry producing like or directly competitive products.

(b) The President, as soon as practicable, shall take such action as may be necessary to bring trade agreements heretofore entered into under section 1351 of this title, into conformity with the policy established in subsection (a) of this section.

On or before January 10, 1952, and every six months thereafter, the President shall report to the Congress on the action taken by him under this subsection. (June 16, 1951, ch. 141, § 6, 65 Stat. 73.)

CODIFICATION

Section was not enacted as a part of the Tariff Act of 1930, which comprises this chapter.

§ 1364. Operation of escape clause-(a) Investigations, hearings, and reports.

Upon the request of the President, upon resolution of either House of Congress, upon resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, upon its own motion, or upon application of any interested party, the United States Tariff

Commission shall promptly make an investigation and make a report thereon not later than one year after the application is made to determine whether any product upon which a concession has been granted under a trade agreement is, as a result, in whole or in part, of the duty or other customs treatment reflecting such concession, being imported into the United States in such increased quantities, either actual or relative, as to cause or threaten serious injury to the domestic industry producing like or directly competitive products.

In the course of any such investigation, whenever it finds evidence of serious injury or threat of serious injury or whenever so directed by resolution of either the Committee on Finance of the Senate or the Committee on Ways and Means of the House of Representatives, the Tariff Commission shall hold hearings giving reasonable public notice thereof and shall afford reasonable opportunity for interested parties to be present, to produce evidence, and to be heard at such hearings.

Should the Tariff Commission find, as the result of its investigation and hearings, that a product on which a concession has been granted is, as a result, in whole or in part, of the duty or other customs treatment reflecting such concession, being imported in such increased quantities, either actual or relative, as to cause or threaten serious injury to the domestic industry producing like or directly competitive products, it shall recommend to the President the withdrawal or modification of the concession, its suspension in whole or in part, or the establishment of import quotas, to the extent and for the time necessary to prevent or remedy such injury. Within sixty days, or sooner if the President has taken action under subsection (c) of this section, the Tariff Commission shall transmit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives an exact copy of its report and recommendations to the President.

(b) Determination by Tariff Commission; factors considered.

In arriving at a determination in the foregoing procedure the Tariff Commission, without excluding other factors, shall take into consideration a downward trend of production, employment, prices, profits, or wages in the domestic industry concerned, or a decline in sales, an increase in imports, either actual or relative to domestic production, a higher or growing inventory, or a decline in the proportion of the domestic market supplied by domestic producers.

(c) Adjustment by President; report to Congress.

Upon receipt of the Tariff Commission's report of its investigation and hearings, the President may make such adjustments in the rates of duty, impose such quotas, or make such other modifications as are found and reported by the Commission to be necessary to prevent or remedy serious injury to the respective domestic industry. If the President does not take such action within sixty days he shall immediately submit a report to the Committee on Ways and Means of the House and to the Commit

tee on Finance of the Senate stating why he has not made such adjustments or modifications, or imposed such quotas.

(d) Publication of Tariff Commission's finding and conclusions.

When in the judgment of the Tariff Commission no sufficient reason exists for a recommendation to the President that a concession should be withdrawn or modified or a quota established, it shall make and publish a report stating its findings and conclusions, (June 16, 1951, ch. 141, § 7, 65 Stat. 74.)

CODIFICATION

Section was not enacted as a part of the Tariff Act of 1930, which comprises this chapter.

Ex. ORD. No. 10401. REVIEW OF ESCAPE-CLAUSE MODIFICATION OF TRADE-AGREEMENT CONCESSIONS

Ex. Ord. No. 10401, Oct. 14, 1952, 17 F. R. 9125, provided: 1. So long as a trade-agreement concession remains withdrawn, suspended, or modified, in whole or in part, pursuant to action taken under section 7 of the Trade Agreements Extension Act of 1951 [this section] or comparable provisions of any statute or Executive order, the Tariff Commission shall keep under review developments with regard to the product to which such concession relates, and shall make periodic reports to the President concerning such developments. The first such report shall in each case be made at such time, not more than two years after the original withdrawal, suspension, or modification of the trade-agreement concession, as will best enable it to be based upon a full marketing year for the product involved, and any subsequent reports with respect to such product shall be made at intervals of one year. The Tariff Commission shall also make such a report in any case at such other time as it may consider appropriate or as may be requested by the President, and a report so made shall constitute compliance with any requirement of this paragraph for a periodic report within six months before or after the date of its submission.

2. Whenever in the judgment of the Tariff Commission conditions of competition with respect to the trade in the imported article and the like or directly competitive domestic product concerned have so changed as to warrant it, or upon request of the President, the Commission shall institute a formal investigation to determine whether, and, if so, to what extent, the withdrawal, suspension, or modification of a trade-agreement concession remains necessary in order to prevent or remedy serious injury or the threat thereof to the domestic industry concerned. As a part of any such investigation, the Commission shall hold a hearing at which interested parties shall be given reasonable opportunity to be present, to produce evidence, and to be heard. Upon completion of such an investigation the Commission shall report to the President its findings as to what extent, if any, the withdrawal, suspension, or modification involved remains necessary in order to prevent or remedy serious injury or the threat thereof to the domestic industry concerned. The Commission may prescribe such rules and regulations for the conduct of investigations under this paragraph as it shall deem appropriate.

§ 1365. Emergency action for perishable agricultural products.

In any case where the Secretary of Agriculture determines and reports to the President and to the Tariff Commission with regard to any agricultural commodity that due to the perishability of the commodity a condition exists requiring emergency treatment, the Tariff Commission shall make an immediate investigation under the provisions of section 624 of Title 7, or under the provisions of section 1364 of this title to determine the facts and make

recommendations to the President for such relief under those provisions as may be appropriate. The President may take immediate action however, without awaiting the recommendations of the Tariff Commission if in his judgment the emergency requires such action. In any case the report and findings of the Tariff Commission and the decision of the President shall be made at the earliest possible date and in any event not more than 25 calendar days after the submission of the case to the Tariff Commission. (June 16, 1951, ch. 141, § 8 (a), 65 Stat.

(b) Vehicle.

The word "vehicle" includes every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land, but does not include aircraft.

(c) Merchandise.

The word "merchandise" means goods, wares, and chattels of every description, and includes merchandise the importation of which is prohibited.

(d) Person.

The word "person" includes partnerships, associations, and corporations.

(e) Master.

The word "master" means the person having the command of the vessel.

(f) Day.

The word "day" means the time from eight o'clock antemeridian to five o'clock postmeridian.

(g) Night.

The word "night" means the time from five o'clock postmeridian to eight o'clock antemeridian. (h) Collector.

The word "collector" means collector of customs and includes assistant collector of customs, deputy collector of customs, and any person authorized by law or by regulations of the Secretary of the Treasury to perform the duties of a collector of customs. (i) Comptroller of customs.

The term "comptroller of customs" includes assistant comptroller of customs and any person authorized by law or by regulations of the Secretary of the Treasury to perform the duties of a comptroller of customs.

(j) Appraiser.

The word "appraiser” means appraiser of merchandise and includes chief assistant appraiser and any person authorized by law or by regulations of the Secretary of the Treasury to perform the duties of an appraiser, but does not include the United States Customs Court or any division or judge thereof.

(k) United States.

The term "United States" includes all Territories and possessions of the United States except the Virgin Islands, American Samoa, Wake Island, Midway Islands, Kingman Reef, and the island of Guam.

(1) Officer of the customs.

The term "officer of the customs" means any officer of the Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service.

(m) Customs waters.

The term "customs waters" means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high

seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States.

(n) Hovering vessel.

The term "hovering vessel" means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue. (June 17, 1930, ch. 497, title IV, § 401, 46 Stat. 708; Aug. 5, 1935, ch. 438, title II, § 201, 49 Stat. 521; June 25, 1938, 5 p. m. E. S. T., ch. 679, § 2, 52 Stat. 1077; 1946 Proc. No. 2695, July 4, 1946, 11 F. R. 7517, 60 Stat. 1352.) CODIFICATION

Words "the Philippine Islands" in subsec. (k) were omitted on authority of 1946 Proc. No. 2695, which is set out as a note under section 1394 of Title 22, Foreign Relations and Intercourse, and in which the President proclaimed the independence of the Philippines.

AMENDMENTS

1938-Act June 25, 1938 amended subsec. (k) by inserting "Wake Island, Midway Islands, Kingman Reef" before "and the island of Guam”.

EFFECTIVE DATE OF 1938 AMENDMENT

Section 37 of act June 25, 1938 provided that the amendment to this section by said act should take effect on the thirtieth day following June 25, 1938, except as otherwise specifically provided.

TRANSFER OF FUNCTIONS

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees.

CROSS REFERENCES

Office of appraiser of merchandise abolished except at port of New York, see section 5a of this title. § 1402. Value-(a) Basis.

For the purposes of this chapter, the value of imported merchandise shall be

(1) The foreign value or the export value, whichever is higher;

(2) If the appraiser determines that neither the foreign value nor the export value can be satisfactorily ascertained, then the United States value;

(3) If the appraiser determines that neither the foreign value, the export value, nor the United States value can be satisfactorily ascertained, then the cost of production;

(4) In the case of an article with respect to which there is in effect under section 1336 of this title a rate of duty based upon the American selling price of a domestic article, then the American selling price of such article.