§ 624. — Limitation on imports; authority of President.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 7USC624]
TITLE 7--AGRICULTURE
CHAPTER 26--AGRICULTURAL ADJUSTMENT
SUBCHAPTER III--COMMODITY BENEFITS
Sec. 624. Limitation on imports; authority of President
(a) Whenever the Secretary of Agriculture has reason to believe that
any article or articles are being or are practically certain to be
imported into the United States under such conditions and in such
quantities as to render or tend to render ineffective, or materially
interfere with, any program or operation undertaken under this chapter
or the Soil Conservation and Domestic Allotment Act, as amended [16
U.S.C. 590a et seq.], or section 612c of this title, or any loan,
purchase, or other program or operation undertaken by the Department of
Agriculture, or any agency operating under its direction, with respect
to any agricultural commodity or product thereof, or to reduce
substantially the amount of any product processed in the United States
from any agricultural commodity or product thereof with respect to which
any such program or operation is being undertaken, he shall so advise
the President, and, if the President agrees that there is reason for
such belief, the President shall cause an immediate investigation to be
made by the United States International Trade Commission, which shall
give precedence to investigations under this section to determine such
facts. Such investigation shall be made after due notice and opportunity
for hearing to interested parties, and shall be conducted subject to
such regulations as the President shall specify.
(b) If, on the basis of such investigation and report to him of
findings and recommendations made in connection therewith, the President
finds the existence of such facts, he shall by proclamation impose such
fees not in excess of 50 per centum ad valorem or such quantitative
limitations on any article or articles which may be entered, or
withdrawn from warehouse, for consumption as he finds and declares shown
by such investigation to be necessary in order that the entry of such
article or articles will not render or tend to render ineffective, or
materially interfere with, any program or operation referred to in
subsection (a) of this section, or reduce substantially the amount of
any product processed in the United States from any such agricultural
commodity or product thereof with respect to which any such program or
operation is being undertaken: Provided, That no proclamation under this
section shall impose any limitation on the total quantity of any article
or articles which may be entered, or withdrawn from warehouse, for
consumption which reduces such permissible total quantity to
proportionately less than 50 per centum of the total quantity of such
article or articles which was entered, or withdrawn from warehouse, for
consumption during a representative period as determined by the
President: And provided further, That in designating any article or
articles, the President may describe them by physical qualities, value,
use, or upon such other bases as he shall determine.
In any case where the Secretary of Agriculture determines and
reports to the President with regard to any article or articles that a
condition exists requiring emergency treatment, the President may take
immediate action under this section without awaiting the recommendations
of the International Trade Commission, such action to continue in effect
pending the report and recommendations of the International Trade
Commission and action thereon by the President.
(c) The fees and limitations imposed by the President by
proclamation under this section and any revocation, suspension, or
modification thereof, shall become effective on such date as shall be
therein specified, and such fees shall be treated for administrative
purposes and for the purposes of section 612c of this title, as duties
imposed by the Tariff Act of 1930 [19 U.S.C. 1202 et seq.], but such
fees shall not be considered as duties for the purpose of granting any
preferential concession under any international obligation of the United
States.
(d) After investigation, report, finding, and declaration in the
manner provided in the case of a proclamation issued pursuant to
subsection (b) of this section, any proclamation or provision of such
proclamation may be suspended or terminated by the President whenever he
finds and proclaims that the circumstances requiring the proclamation or
provision thereof no longer exist or may be modified by the President
whenever he finds and proclaims that changed circumstances require such
modification to carry out the purposes of this section.
(e) Any decision of the President as to facts under this section
shall be final.
(f) No quantitative limitation or fee shall be imposed under this
section with respect to any article that is the product of a WTO member
(as defined in section 3501(10) of title 19).
(May 12, 1933, ch. 25, title I, Sec. 22, as added Aug. 24, 1935, ch.
641, Sec. 31, 49 Stat. 773; amended Feb. 29, 1936, ch. 104, Sec. 5, 49
Stat. 1152; June 3, 1937, ch. 296, Sec. 1, 50 Stat. 246; Jan. 25, 1940,
ch. 13, 54 Stat. 17; July 3, 1948, ch. 827, title I, Sec. 3, 62 Stat.
1248; June 28, 1950, ch. 381, Sec. 3, 64 Stat. 261; June 16, 1951, ch.
141, Sec. 8(b), 65 Stat. 75; Aug. 7, 1953, ch. 348, title I, Sec. 104,
67 Stat. 472; Pub. L. 93-618, title I, Sec. 171(b), Jan. 3, 1975, 88
Stat. 2009; Pub. L. 100-449, title III, Sec. 301(c), Sept. 28, 1988, 102
Stat. 1868; Pub. L. 103-465, title IV, Sec. 401(a)(1), Dec. 8, 1994, 108
Stat. 4957.)
References in Text
The Soil Conservation and Domestic Allotment Act, as amended,
referred to in subsec. (a), is act Apr. 27, 1935, ch. 85, 49 Stat. 163,
as amended, which is classified generally to chapter 3B (Sec. 590a et
seq.) of Title 16, Conservation. For complete classification of this Act
to the Code, see section 590q of Title 16 and Tables.
The Tariff Act of 1930, referred to in subsec. (c), is act June 17,
1930, ch. 497, 46 Stat. 590, as amended, which is classified generally
to chapter 4 (Sec. 1202 et seq.) of Title 19, Customs Duties. For
complete classification of this Act to the Code, see section 1654 of
Title 19 and Tables.
Codification
Another section 22 of act May 12, 1933, amended section 781 of Title
12, Banks and Banking.
Amendments
1994--Subsec. (f). Pub. L. 103-465 amended subsec. (f) generally.
Prior to amendment, subsec. (f) read as follows: ``No trade agreement or
other international agreement heretofore or hereafter entered into by
the United States shall be applied in a manner inconsistent with the
requirements of this section; except that the President may, pursuant to
articles 705.5 and 707 of the United States-Canada Free-Trade Agreement,
exempt products of Canada from any import restriction imposed under this
section.''
1988--Subsec. (f). Pub. L. 100-449 inserted before period at end ``;
except that the President may, pursuant to articles 705.5 and 707 of the
United States-Canada Free-Trade Agreement, exempt products of Canada
from any import restriction imposed under this section''.
1975--Subsecs. (a), (b). Pub. L. 93-618 substituted ``United States
International Trade Commission'' for ``United States Tariff
Commission''.
1953--Subsec. (b) amended by subsec. (c) of section 8 of act June
16, 1951, as added to section 8 by act Aug. 7, 1953, which added second
paragraph to subsec. (b).
1951--Subsec. (f). Act June 16, 1951, amended subsec. (f) generally
to provide that no trade agreement concessions can be construed to
interfere with the operation of agricultural programs.
1950--Subsec. (a). Act June 28, 1950, placed upon the Secretary of
Agriculture the responsibility of notifying the President whenever the
Secretary believes or has reason to believe that any article or articles
are being or practically certain to be brought into this country so as
to render, or tend to render ineffective or materially interfere with
programs undertaken under this chapter.
Subsecs. (b) to (e). Act June 28, 1950, reenacted subsecs. (b) to
(e) without change.
Subsec. (f). Act June 28, 1950, made certain that future
international agreements or amendments to existing agreements give
effect to this section within the framework of the general agreements on
tariffs and trade.
1948--Act July 3, 1948, amended section generally to extend
authority of this section to agriculture products as well as
commodities; to extend such authority to cover articles the import of
which affects any loan, purchase, or other Departmental operation or
program; to make quantitative limitation restrictions applicable to the
total quantity of an article imported during a representative period as
determined by the President, rather than to each country's average
annual quantity of the article imported during the period from Jan. 1,
1929, to Dec. 31, 1933, as formerly provided; to give the President a
specific grant of authority to describe designated articles by physical
qualities, value, use, or upon such bases as he determines; to clarify
definition respecting authorized fees, which formerly were considered
duties for some purposes, so that they no longer shall be considered as
duties for the purpose of granting any preferential concession under any
international obligation of the United States; and, to prohibit the
enforcement of a proclamation under this section which would be in
contravention to any treaty or international agreement to which the
United States is a part.
1940--Subsecs. (a) to (c). Act Jan. 25, 1940, amended subsecs. (a)
to (c) generally.
1936--Act Feb. 29, 1936, inserted ``or the Soil Conservation and
Domestic Allotment Act, as amended'' after ``this chapter'' wherever
appearing, and substituted ``any'' for ``an adjustment'' wherever
appearing.
Effective Date of 1994 Amendment
Section 401(a)(2) of Pub. L. 103-465 provided that: ``The amendment
made by paragraph (1) [amending this section] shall take effect on the
date of entry into force of the WTO Agreement with respect to the United
States (Jan. 1, 1995), except that with respect to wheat, that amendment
shall take effect on the later of such date or September 12, 1995.''
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100-449 effective on the date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and
to cease to have effect on the date the Agreement ceases to be in force,
see section 501(a), (c), of Pub. L. 100-449, set out in a note under
section 2112 of Title 19, Customs Duties.
Effective Date of 1948 Amendment
Section 6 of title I of act July 3, 1948, provided that: ``This
title [enacting provisions set out as notes under sections 1281, 1282,
and 1312 of this title and section 713a-8 of Title 15, Commerce and
Trade] shall take effect on January 1, 1949, except that sections 3 and
4 [amending this section and section 590h of Title 16, Conservation]
shall take effect on the date of enactment of this Act [July 3, 1948].''
Constitutionality
Unconstitutionality of processing and floor stock taxes, see note
set out under section 616 of this title.
Validity of Section Affirmed
Act June 3, 1937, affirmed and validated, and reenacted without
change the provisions of this section. See note set out under section
601 of this title.
Report to Congress on Termination or Suspension of Quantitative
Limitations or Fees
Pub. L. 101-624, title XV, Sec. 1554, Nov. 28, 1990, 104 Stat. 3697,
directed Secretary of Agriculture to report to Congress before effective
date of suspension or termination of any quantitative limitations or
fees in effect under 7 U.S.C. 624 on consequences of lifting of
limitations or fees, prior to repeal by Pub. L. 104-127, title II,
Sec. 281(a), Apr. 4, 1996, 110 Stat. 980.
Interference With Tobacco Price Support Program
Pub. L. 100-418, title IV, Sec. 4609, Aug. 23, 1988, 102 Stat. 1411,
provided that: ``It is the sense of Congress that--
``(1) the amounts of assessments collected under the no-net-cost
tobacco program can be an indicator of import injury and material
interference with the tobacco price support program administered by
the Secretary of Agriculture; and
``(2) for purposes of any investigation conducted under section
22(a) of the Agricultural Adjustment Act (7 U.S.C. 624(a)),
reenacted with amendments by the Agricultural Marketing Agreement
Act of 1937, with respect to tobacco, or articles containing
tobacco, imported into the United States, the International Trade
Commission should take into account, as if they are costs to the
Federal government, contributions and assessments imposed under
sections 106A and 106B of the Agricultural Act of 1949 (7 U.S.C.
1445-1 and 1445-2) in determining whether such imported tobacco or
articles containing tobacco materially interfere with the tobacco
price support program carried out by the Secretary of Agriculture.''
Dairy Import Study by Secretary of Agriculture; Report to Congress by
Jan. 1, 1975
Pub. L. 91-524, title II, Sec. 205, as added Pub. L. 93-86,
Sec. 1(6), Aug. 10, 1973, 87 Stat. 223; amended Pub. L. 93-125,
Sec. 1(a)(i), Oct. 18, 1973, 87 Stat. 450, authorized the Secretary of
Agriculture to determine the effect upon domestic dairy producers,
handlers, and processors and upon consumers of increases in the level of
imports, if any, of dairy products and report his findings, together
with any recommendations he may have with respect to import quotas or
other matters, to the Congress of the United States no later than Jan.
1, 1975, defined dairy products as including (1) all forms of milk and
dairy products, butterfat, milk solids-not-fat, and any combination or
mixture thereof; (2) any article, compound, or mixture containing 5 per
centum or more of butterfat, or milk solids-not-fat, or any combinations
of the two; and (3) lactose, and other derivatives of milk, butterfat,
or milk solids-not-fat, if imported commercially for any food use, and
excluded from the definition of dairy products (1) casein, caseinates,
industrial casein, industrial caseinates, or any other industrial
products, not to be used in any form for any food use, or an ingredient
of food; or (2) articles not normally considered to be dairy products,
such as candy, bakery goods, and other similar articles.
Proc. No. 3178. Quota on Butter Substitutes
Proc. No. 3178, Apr. 17, 1957, 22 F.R. 2701, provided:
WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act,
as amended (7 U.S.C. 624), the Secretary of Agriculture advised me that
there was reason to believe that butter substitutes, including butter
oil, containing 45 per centum or more of butterfat, which are dutiable
under paragraph 709 of the Tariff Act of 1930, as amended, are
practically certain to be imported into the United States under such
conditions and in such quantities as to render or tend to render
ineffective, or materially interfere with, the price-support program
undertaken by the Department of Agriculture with respect to milk and
butterfat, or to reduce substantially the amount of products processed
in the United States from domestic milk and butterfat with respect to
which such program of the Department of Agriculture is being undertaken;
and
WHEREAS on November 17, 1956, under the authority of the said
section 22, I caused the United States Tariff Commission [now the United
States International Trade Commission] to make an investigation with
respect to this matter; and
WHEREAS, in accordance with the said section 22, as implemented by
Executive Order No. 7233 of November 23, 1935, the said Tariff
Commission has made such investigation and has reported to me its
findings and recommendations made in connection therewith; and
WHEREAS, on the basis of the said investigation and report of the
Tariff Commission, I find that butter substitutes, including butter oil,
containing 45 per centum or more of butterfat and classifiable under
paragraph 709 of the Tariff Act of 1930 are practically certain to be
imported into the United States under such conditions and in such
quantities as to materially interfere with the said price-support
program with respect to milk and butterfat, and to reduce substantially
the amount of products processed in the United States from domestic milk
and butterfat with respect to which said price-support program is being
undertaken; and
WHEREAS I find and declare that the imposition of the quantitative
limitations hereinafter proclaimed is shown by such investigation of the
said Tariff Commission to be necessary in order that the entry, or
withdrawal from warehouse, for consumption of such butter substitutes,
including butter oil, will not materially interfere with the said price-
support program or reduce substantially the amount of products processed
in the United States from domestic milk and butterfat with respect to
which the said price-support program is being undertaken:
NOW, THEREFORE, I, DWIGHT D. EISENHOWER, President of the United
States of America, acting under and by virtue of the authority vested in
me by the said section 22 of the Agricultural Adjustment Act [this
section], do hereby proclaim that the total aggregate quantity of butter
substitutes, including butter oil, containing 45 per centum or more of
butterfat and classifiable under paragraph 709 of the Tariff Act of
1930, as amended, which shall be permitted to be entered, or withdrawn
from warehouse, for consumption during the calendar year 1958 and each
subsequent calendar year shall not exceed 1,200,000 pounds. The
specified quantities of the named articles which may be entered, or
withdrawn from warehouse, for consumption are not proportionately less
than 50 per centum of the total quantities of such articles entered, or
withdrawn from warehouse, for consumption during the representative
period from January 1, 1956, to December 31, 1956, inclusive.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this fifteenth day of April in the year
of our Lord nineteen hundred and fifty-seven, and of the
Independence of the United States of America the one
hundred and eighty-first.
[seal]
Dwight D. Eisenhower.
Proclamation No. 3306
Proc. No. 3306, Aug. 7, 1959, 24 F.R. 6407, which provided for
quotas on imports of rye, rye flour, and rye meal terminated on June 30,
1961.
Proclamation No. 3378
Proc. No. 3378, Oct. 31, 1960, 25 F.R. 10449, relating to quotas on
imports of tung oil and tung nuts, was terminated by Proc. No. 3471, May
2, 1962, 27 F.R. 4271.
Proc. No. 3428. Import Restrictions on Certain Cotton Products
Proc. No. 3428, Sept. 11, 1961, 26 F.R. 8535, provided:
WHEREAS, pursuant to section 22 of the Agricultural Adjustment Act,
as amended (7 U.S.C. 624), the Secretary of Agriculture advised the
President that he had reason to believe that certain cotton products
produced in any stage preceding the spinning into yarn are being or are
practically certain to be imported into the United States under such
conditions and in such quantities as to render or tend to render
ineffective, or materially interfere with, the price-support program and
other programs or operations undertaken by the Department of Agriculture
with respect to cotton or products thereof, or to reduce substantially
the amount of cotton processed in the United States from cotton or
products thereof with respect to which any such program or operation is
being undertaken; and
WHEREAS, on January 18, 1961, under the authority of the said
section 22, the President requested the United States Tariff Commission
[now the United States International Trade Commission] to make an
investigation with respect to this matter; and
WHEREAS, in accordance with the said section 22, as implemented by
Executive Order No. 7233 of November 23, 1935, the Tariff Commission has
made such investigation and has reported to me its findings and
recommendations made in connection therewith; and
WHEREAS, on the basis of the investigation and report of the Tariff
Commission, I find that the articles with respect to which import
restrictions are hereinafter proclaimed are being or are practically
certain to be imported into the United States under such conditions and
in such quantities as to render or tend to render ineffective, or
materially interfere with, the price-support program and other programs
or operations undertaken by the Department of Agriculture with respect
to cotton or products thereof; and
WHEREAS I find and declare that the important restrictions
hereinafter proclaimed are shown by such investigation of the Tariff
Commission to be necessary in order that the entry, or withdrawal from
warehouse, for consumption of the said articles will not render or tend
to render ineffective, or materially interfere with, the price-support
program and other programs or operations undertaken by the Department of
Agriculture with respect to cotton or products thereof;
NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States
of America, acting under and by virtue of the authority vested in me by
section 22 of the Agricultural Adjustment Act, as amended, do hereby
proclaim that the total aggregate quantity of cotton products produced
in any stage preceding the spinning into yarn, except cotton wastes,
which may be entered, or withdrawn from warehouse, for consumption in
any 12-month period, beginning September 11 in 1961 and in subsequent
years shall not exceed 1,000 pounds, which permissible total quantity I
find and declare to be proportionately not less than 50 per centum of
the total quantity of such articles entered, or withdrawn from
warehouse, for consumption during the representative period from January
1, 1940, to December 31, 1953, inclusive.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this 11th day of September in the year of
our Lord nineteen hundred and sixty-one, and of the
Independence of the United States of America the one
hundred and eighty-sixth.
[seal]
John F. Kennedy.
Section Referred to in Other Sections
This section is referred to in sections 625, 672, 673, 1392, 1854 of
this title; title 19 sections 1360, 1366, 1887, 2581, 2703, 3011, 3203,
3333, 3391.
