§ 1854. — Agreements limiting imports.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 7USC1854]
TITLE 7--AGRICULTURE
CHAPTER 46--SURPLUS DISPOSAL OF AGRICULTURAL COMMODITIES
Sec. 1854. Agreements limiting imports
The President may, whenever he determines such action appropriate,
negotiate with representatives of foreign governments in an effort to
obtain agreements limiting the export from such countries and the
importation into the United States of any agricultural commodity or
product manufactured therefrom or textiles or textile products, and the
President is authorized to issue regulations governing the entry or
withdrawal from warehouse of any such commodity, product, textiles, or
textile products to carry out any such agreement. In addition, if a
multilateral agreement, including but not limited to the Agreement on
Textiles and Clothing referred to in section 3511(d)(4) of title 19, has
been or is concluded under the authority of this section among countries
accounting for a significant part of world trade in the articles with
respect to which the agreement was concluded, the President may also
issue, in order to carry out such agreement, regulations governing the
entry or withdrawal from warehouse of the same articles which are the
products of countries not parties to the agreement, or countries to
which the United States does not apply the agreement. Nothing herein
shall affect the authority provided under section 624 of this title.
(May 28, 1956, ch. 327, title II, Sec. 204, 70 Stat. 200; Pub. L. 87-
488, June 19, 1962, 76 Stat. 104; Pub. L. 103-465, title III, Sec. 332,
Dec. 8, 1994, 108 Stat. 4947; Pub. L. 104-295, Sec. 20(c)(8), Oct. 11,
1996, 110 Stat. 3528.)
Amendments
1996--Pub. L. 104-295 made technical amendment to reference in
original act which appears in text as reference to section 3511(d)(4) of
title 19.
1994--Pub. L. 103-465 amended second sentence generally. Prior to
amendment, second sentence read as follows: ``In addition, if a
multilateral agreement has been or shall be concluded under the
authority of this section among countries accounting for a significant
part of world trade in the articles with respect to which the agreement
was concluded, the President may also issue, in order to carry out such
an agreement, regulations governing the entry or withdrawal from
warehouse of the same articles which are the products of countries not
parties to the agreement.''
1962--Pub. L. 87-488 authorized President to issue regulations
governing entry or withdrawal from warehouse of articles which are
products of countries not parties to a multilateral agreement respecting
such articles.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective on the date on which the WTO
Agreement enters into force with respect to the United States (Jan. 1,
1995), see section 335 of Pub. L. 103-465, set out as an Effective Date
note under section 3591 of Title 19, Customs Duties.
Ex. Ord. No. 11539. Delegations of Authority Concerning Certain Meats
Ex. Ord. No. 11539, June 30, 1970, 35 F.R. 10733, as amended by Ex.
Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, provided:
By virtue of the authority vested in me by section 204 of the
Agricultural Act of 1956, as amended (7 U.S.C. 1854), and section 301 of
title 3 of the United States Code and as President of the United States,
it is ordered as follows:
Section 1. The United States Trade Representative, with the
concurrence of the Secretary of Agriculture and the Secretary of State,
is authorized to negotiate bilateral agreements with representatives of
governments of foreign countries limiting the export from the respective
countries and the importation into the United States of--
(1) fresh, chilled, or frozen cattle meat,
(2) fresh, chilled, or frozen meat of goats and sheep (except
lambs), and
(3) prepared and preserved beef and veal (except sausage) if
articles are prepared, whether fresh, chilled, or frozen, but not
otherwise preserved, that are the products of such countries.
Sec. 2. The Secretary of Agriculture, with the concurrence of the
Secretary of State and the Special Representative for Trade Negotiations
[United States Trade Representative], is authorized to issue regulations
governing the entry or withdrawal from warehouse for consumption in the
United States of any such meats to carry out any such agreement.
Sec. 3. The Commissioner of Customs shall take such actions and
supply such information to the Secretary of Agriculture with respect to
entry or withdrawal from warehouse for consumption in the United States
of such meats as the Secretary of Agriculture, with the Concurrence of
the Secretary of State and the Special Representative for Trade
Negotiations [United States Trade Representative], may request to carry
out any such agreements or regulations.
Sec. 4. Heads of departments and heads of agencies are hereby
authorized to redelegate within their respective departments or agencies
the functions herein assigned to them, except that the function of
negotiating agreements delegated to the United States Trade
Representative by section 1 and the function of issuing regulations
delegated to the Secretary of Agriculture by section 2 of this order may
be redelegated only to officials required to be appointed by and with
the advice and consent of the Senate, as provided by 3 U.S.C. 301.
Ex. Ord. No. 11651. Textile Trade Agreements
Ex. Ord. No. 11651, Mar. 3, 1972, 37 F.R. 4699, as amended by Ex.
Ord. No. 11951, Jan. 6, 1977, 42 F.R. 1453; Ex. Ord. No. 12188, Jan. 2,
1980, 45 F.R. 989, provided:
By virtue of the authority vested in me by Section 204 of the
Agricultural Act of 1956 (76 Stat. 104), as amended (7 U.S.C. 1854), and
section 301 of title 3 of the United States Code, and as President of
the United States, it is hereby ordered as follows:
Section 1. (a) The Committee for the Implementation of Textile
Agreements (hereinafter referred to as the Committee), consisting of
representatives of the Departments of State, the Treasury, Commerce, and
Labor, with the representative of the Department of Commerce as
Chairman, is hereby established to supervise the implementation of all
textile trade agreements. It shall be located for administrative
purposes in the Department of Commerce. The United States Trade
Representative, or his designee, also shall be a member of the
Committee.
(b) Except as provided in subsection (c) of this section, the
Chairman of the Committee, after notice to the representatives of the
other member agencies, shall take such actions or shall recommend that
appropriate officials or agencies of the United States take such actions
as may be necessary to implement each such textile trade agreement:
Provided, however, that if a majority of the voting members of the
Committee have objected to such action within ten days of receipt of
notice from the Chairman, such action shall not be taken except as may
otherwise be authorized.
(c) To the extent authorized by the President and by such officials
as the President may from time to time designate, the Committee shall
take appropriate actions concerning textiles and textile products under
Section 204 of the Agricultural Act of 1956, as amended [this section],
and Articles 3 and 8 of the Arrangement Regarding International Trade in
Textiles done at Geneva on December 20, 1973, and with respect to any
other matter affecting textile trade policy.
Sec. 2. (a) The Commissioner of Customs shall take such actions as
the Committee, acting through its Chairman, shall recommend to carry out
all agreements and arrangements entered into by the United States
pursuant to Section 204 of the Agricultural Act of 1956, as amended
[this section], with respect to entry, or withdrawal from warehouse, for
consumption in the United States of textiles and textile products.
(b) Under instructions approved by the Committee, the Secretary of
State shall designate the Chairman of the United States delegation to
all negotiations and consultations with foreign governments undertaken
with respect to the implementation of textile trade agreements pursuant
to this Order. The Secretary of State shall make such representations to
foreign governments, including the presentation of diplomatic notes and
other communications, as may be necessary to carry out this Order.
Sec. 3. Executive Order No. 11052 of September 28, 1962, as amended,
and Executive Order No. 11214 of April 7, 1965, are hereby superseded.
Directives issued thereunder to the Commissioner of Customs shall remain
in full force and effect in accordance with their terms until modified
pursuant to this Order.
Sec. 4. This Order shall be effective upon its publication in the
Federal Register.
Ex. Ord. No. 11851. Delegation of Authority to Issue Regulations
Limiting Imports of Certain Cheeses
Ex. Ord. No. 11851, April 10, 1975, 40 F.R. 16645, provided:
By virtue of the authority vested in me by section 204 of the
Agricultural Act of 1956, as amended (7 U.S.C. 1854), and section 301 of
Title 3 of the United States Code, and as President of the United
States, it is ordered as follows:
Section 1. The Secretary of the Treasury, with the concurrence of
the Secretary of State and the Special Representative for Trade
Negotiations [now United States Trade Representative], in order to
implement an agreement concluded in December 1974 with the Commission of
the European Communities designed to prevent the transshipment to the
United States of certain cheeses on which restitution payments have been
made, is authorized to issue regulations:
(a) to prevent the importation into the Customs Territory of the
United States, except for the Commonwealth of Puerto Rico, of certain
cheeses, originating in member states of the European Communities, upon
which restitution payments have been made for export to (1) Puerto Rico,
the Virgin Islands, other United States possessions and territories or
(2) any country other than the United States;
(b) to prevent the importation of such cheeses into the Commonwealth
of Puerto Rico if such cheeses are imported into the Commonwealth of
Puerto Rico for transshipment to other areas of the Customs Territory of
the United States.
Sec. 2. Heads of departments and heads of agencies are hereby
authorized to redelegate within their respective departments or agencies
the functions herein assigned to them, except that the function of
issuing regulations delegated to the Secretary of the Treasury by
Section 1 of this order may be redelegated only to officials required to
be appointed by and with the advice and consent of the Senate, as
provided by 3 U.S.C. 301.
Gerald R. Ford.
Ex. Ord. No. 12475. Textile Import Program Implementation
Ex. Ord. No. 12475, May 9, 1984, 49 F.R. 19955, provided:
By the authority vested in me as President by the Constitution and
laws of the United States of America, including Section 204 of the
Agricultural Act of 1956, as amended (76 Stat. 104, 7 U.S.C. 1854), and
Section 301 of Title 3 of the United States Code, and in order to
prevent circumvention or frustration of multilateral and bilateral
agreements to which the United States is a party and to facilitate
efficient and equitable administration of the United States Textile
Import Program, it is hereby ordered as follows:
Section 1. (a) In accordance with policy guidance provided by the
Committee for the Implementation of Textile Agreements (CITA), through
its Chairman, in accordance with the provisions of Executive Order No.
11651, as amended [set out above], the Secretary of the Treasury shall
issue regulations governing the entry or withdrawal from warehouse for
consumption of textiles and textile products subject to Section 204 of
the Act [7 U.S.C. 1854].
(b) Initial regulations promulgated under this section shall be
promulgated no later than 120 days after the effective date of this
order.
(c) To the extent necessary to implement more effectively the United
States textile program under Section 204, such regulations shall
include:
(i) clarifications in, or revisions to, the country of origin rules
for textiles and textile products subject to Section 204 in order to
avoid circumvention of multilateral and bilateral textile agreements;
(ii) provisions governing withdrawals from a customs bonded
warehouse of articles subject to this Order transformed, changed or
manipulated in a warehouse after importation but prior to withdrawal for
consumption; and
(iii) any other provisions determined to be necessary for the
effective and equitable administration of the Textile Import Program.
(d) Any such regulations may also include provisions requiring
importers to provide additional information and/or documentation on
articles subject to this order which are determined to be necessary for
the effective and equitable administration of the Textile Import
Program.
Sec. 2. (a) The Commissioner of Customs shall establish Textile and
Apparel Task Force (the Task Force) within the United States Customs
Service to coordinate enforcement of regulations concerning importation
under the Textile Import Program.
(b) CITA, through its Chairman, shall, in accordance with the
provisions of Executive Order No. 11651, as amended [set out above],
provide information and recommendations to the Task Force, through the
Department of the Treasury, on implementation and administration of the
Textile Import Program.
(c) The Department of Treasury shall, to the extent practicable,
inform the Chairman of CITA of the progress of all investigations
concerning textile imports; provide notice to CITA of all requests for
rulings on matters that could reasonably be expected to affect the
implementation of the Textile Import Program; and take into
consideration any comments on such requests that CITA, through its
Chairman, timely submits.
Sec. 3. This order supplements, but does not supersede or amend,
Executive Order No. 11651 of March 3, 1972, as amended [set out above].
Sec. 4. This order shall be effective upon its publication in the
Federal Register.
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in title 19 section 2581.
