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LETTER OF TRANSMITTAL

COMMITTEE ON WAYS AND MEANS,

HOUSE OF REPRESENTATIVES,

Washington, DC, March 25, 1991. Hon. Dan ROSTENKOWSKI, Chairman, Committee on Ways and Means, House of Representatives, Washington, DC.

DEAR MR. CHAIRMAN: In 1987, the Committee first published a resource document entitled “Overview and Compilation of U.S. Trade Statutes” for use by Committee Members and interested parties in the international trade community. This document was unique in that it contained not only an overview of the operation of foreign trade statutes, but also an up-to-date statutory text of such laws, which integrated numerous separate acts of Congress into a single statutory compilation. This document was so well received by Members of Congress, Congressional staff, government officials, the international trade community and the general public that an updated version was published in 1989.

In view of the fact that there have been several important changes in various trade statutes since the publication of the 1989 edition, the staff has now prepared an updated and expanded version of this document which includes all statutory provisions enacted through the 101st Congress. In addition to the description and text of statutory provisions contained in earlier editions, this edition contains a comprehensive analysis of U.S. trade and international economic performance during the last decade. Consequently, the document's title has been changed to "Overview and Compilation of U.S. Trade Statutes, Including Economic Data.”

As was the case with the original version, the statutory authorities selected are the major provisions of Federal law which are directly related to the conduct of U.S. international trade. The compilation is not meant to be a comprehensive treatise of every traderelated law or program, nor does it cover provisions to regulate domestic commerce. The laws and programs which are within the jurisdiction of the Committee on Ways and Means are the main focus of this document, and are discussed in the greatest detail. In addition, some of the laws and programs described may be within the jurisdiction of other committees of the House of Representatives. These provisions are included in order to provide a complete survey of the principal trade authorities.

The document has been prepared by the Committee's trade staff with assistance from the Congressional Research Service and various Government agencies, to which the staff extends its most sincere thanks.

Any suggestions on how to improve this document as a reference tool in subsequent editions of this publication are always welcome. Sincerely yours,

ROBERT J. LEONARD, Chief Counsel and Staff Director.

CONTENTS

Page

PART I: OVERVIEW

Chapter 1: Tariff and customs laws.....

Harmonized Tariff Schedule of the United States..

Generalized System of Preferences (GSP).

Caribbean Basin Initiative (CBI).

Customs valuation..

Customs user fees.

Other customs laws.

Country-of-origin marking.

Drawback ...

Copyrights and trademark enforcement

Penalties ....

Commercial operations

Foreign trade zones..

Chapter 2: Trade remedy laws

Countervailing duty law

Antidumping law..

Enforcement of U.S. rights under trade agreements and response to

certain foreign practices (Sections 301-310 of the Trade Act of 1974)..

Unfair practices in import trade (Section 337 of the Tariff Act of 1930)

Positive adjustment by industries injured by imports (Sections 201-204 of

the Trade Act of 1974).

Relief from market disruption by imports from Communist countries

(Section 406 of the Trade Act of 1974)..

Public auction of import licenses (Section 1102 of the Trade Agreements

Act of 1979)...

Trade adjustment assistance.

Chapter 3: Other laws regulating imports.

Authorities to restrict imports of agricultural and textile products...

Section 204 of the Agricultural Act of 1956, as amended.

Fees and quotas under Section 22 of the Agricultural Adjustment Act

of 1933...

Meat Import Act of 1979.

Reciprocal meat inspection requirement (Section 20(h) of the Federal

Meat Inspection Act)...

Sugar tariff-rate quotas under Harmonized Tariff Schedule authori-

ties.

Import prohibitions on certain agricultural commodities under mar-

keting orders (Section 8e of the Agricultural Adjustment Act)........

Steel imports (Steel Import Stabilization Act and Steel Trade Liberaliza-

tion Program Implementation Act).........

National security import restrictions...

Balance of payments authority (Section 122 of the Trade Act of 1974).....

Product standards ...

Government procurement...

Chapter 4: Laws regulating export activities

Export controls

Export financing (Export-Import Bank)..

Agricultural export sales and promotion

Export trading companies

Auto parts.......

1

4. Products of U.S. insular possessions (General note 3(a)(iv)).

C. Generalized System of Preferences (GSP)....

Title V of the Trade Act of 1974, as amended

General Note 3(cxii) of the Harmonized Tariff Schedule

D. Caribbean Basin Initiative (CBI).

Caribbean Basin Economic Recovery Act, as amended.

Caribbean Basin Economic Recovery Expansion Act of 1990

Section 423 of the Tax Reform Act of 1986, as amended (treatment of

imports of ethyl alcohol)..

General note 3(c)(vXA) of the Harmonized Tariff Schedule

E. Customs valuation (Section 402 of the Tariff Act of 1930, as amended)..

F. Customs user fees

Section 13031 of the Consolidated Budget Reconciliation Act of 1985,

as amended,

Section 236 of the Trade and Tariff Act of 1984, as amended

Section 1893(cX2), (3), (f), and (g) of the Tax Reform Act of 1986, as

amended.....

G. Other customs laws..

1. Country of origin marking

Section 304 of the Tariff Act of 1930, as amended

Section 1907(b) and (c) of the Omnibus Trade and Competitive-

ness Act of 1988..

2. Drawback (Section 313 of the Tariff Act of 1930, as amended).

3. Copyrights and trademark enforcement.

Section 101 of the Copyright Revision Act of 1976..

Section 526 of the Tariff Act of 1930, as amended

4. Penalties (Section 592 of the Tariff Act of 1930, as amended).

5. Commercial operations ......

249

253

254

263

263

275

276
278
278
278

281

281

286

286

286

288

291

Chapter 8-Continued

G. Other customs laws-Continued

5. Commercial operations-Continued

Section 9503(c) of the Omnibus Budget Reconciliation Act of 1987

Section 9501(c) of the Omnibus Budget Reconciliation Act of 1987

Section 301 of the Customs Procedural Reform and Simplifica-

tion Act of 1978, as amended ..

H. Foreign Trade Zones (Act of June 18, 1934, as amended)

I. Implementation of the GATT Agreement on Trade in Civil Aircraft.

Title VI of the Trade Agreements Act of 1979

Section 234 of the Trade and Tariff Act of 1984.

General note 3(c)(iv) of the Harmonized Tariff Schedule

Chapter 9: Trade remedy laws ...

A. Authorities to respond to foreign subsidy and dumping practices

1. Countervailing duties.....

Section 303 of the Tariff Act of 1930, as amended

Section 331(dX3) of the Trade Act of 1974.

Sections 102 and 104 of the Trade Agreements Act of 1979.

Subtitle A of Title VII (Sections 701-709) of the Tariff Act of

1930, as amended...

2. Antidumping duties (Subtitle B of Title VII (Sections 731-739) of

the Tariff Act of 1930, as amended).

3. Administrative review of antidumping and countervailing duties

(Subtitle C of Title VII (Sections 751, 761, and 762) of the Tariff

Act of 1930, as amended).

4. General provisions relating to antidumping and countervailing

duties (Subtitle D of Title VII (Sections 771-781) of the Tariff Act

of 1930, as amended)....

5. Judicial review of antidumping and countervailing duty actions

(Section 516A of the Tariff Act of 1930, as amended)

6. Third-country dumping (Section 1317 of the Omnibus Trade and

Competitiveness Act of 1988)..

7. Antidumping Act of 1916..

B. Enforcement of United States rights under trade agreements and

response to certain foreign trade practices .

Sections 301-310 of the Trade Act of 1974, as amended

Section 307(b) of the Trade and Tariff Act of 1984

C. Unfair practices in import trade (Section 337 of the Tariff Act of 1930,

as amended)...

D. Positive adjustment by industries injured by imports (Sections 201-

204) of the Trade Act of 1974, as amended).

E. Relief from market disruption by imports from Communist countries

(Section 406 of the Trade Act of 1974, as amended)..

F. Authority to auction import licenses (Section 1102 of the Trade Agree-

ments Act of 1979)...

G. Trade adjustment assistance (Chapters 2, 3, and 5 of Title II of the

Trade Act of 1974, as amended)....

Chapter 10: Other laws regulating imports.

A. Authorities to restrict imports of agricultural and textile products..

Section 204 of the Agricultural Act of 1956, as amended.

Section 22 of the Agricultural Adjustment Act of 1933, as amended.....

Report on Section 22 suspension or termination (Section 1554 of the

Food, Agriculture, Conservation, and Trade Act of 1990)..

Meat Import Act of 1979, as amended..

Reciprocal meat inspection requirement (Section 20(h) of the Federal

Meat Inspection Act).

Sugar tariff-rate quotas under headnote authority (excerpts)...

Import prohibitions on certain agricultural commodities under mar-

keting orders (Section 8e of the Agricultural Adjustment Act, as

amended)..

B. Steel imports (Steel Import Stabilization Act, as amended; Steel Trade

Liberalization Program Implementation Act)...

C. National security import restrictions

Sections 232 and 233 of the Trade Expansion Act of 1962, as amended

Sections 1501 (c) and (d) of the Omnibus Trade and Competitiveness

Act of 1988 (machine tools)....

D. Balance of payments authority (Section 122 of the Trade Act of 1974)...

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