An Act to extend for 2 years the authorizations for the striking of medals in commemoration of the 100th anniversary of the cable car in San Francisco and in commemoration of Jim Thorpe, and for other purposes.
PL 93-617 (H.R.17655), enacted 01/02/1975

1978 
PUBLIC LAW 93-617-JAN. 2, 1975 
[88 
STAT. 
January 2, 1975 
[H. R.17655] 
Public Law 93-617 
AN ACT 
To extend for two years the authorizations for the striking of medals in 
commemoration of the one hundredth anniversary of the cable car in San 
Francisco and in commemoration of Jim Thorpe, and for other purposes. 
Commemorative 
medals. 
87 Stat. 417. 
87 Stat. 461. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the second 
sentence of the first section of the Act entitled, "An Act to authorize 
the striking of medals in commemoration of the one hundredth anni-
versary of the cable car in San Francisco" (Public Law 93-114), 
approved October 1, 1973, is amended by striking out "December 31, 
1974" and inserting in lieu thereof "December 31,1976". 
SEC. 2. Section 4 of the Act entitled "An Act to provide for the 
striking of medals in commemoration of Jim Thorpe" (Public Law 
93-132), approved October 19, 1973, is amended by striking out 
"December 31,1974" and inserting in lieu thereof "December 31,1976". 
SEC. 3. The last sentence of the first section of the Act entitled 
"An Act to provide for the striking of medals commemorating the 
International Exposition on Environment at Spokane, Washington, 
87 Stat. 913. 
in 1974", approved December 29, 1973 (Public Law 93-221), is 
amended by striking out "December 31, 1974" and inserting in lieu 
thereof "March 31,1975". 
SEC. 4. (a) Except with respect to medals in commemoration of 
the bicentennial of the American Revolution authorized to be struck 
by Public Law 92-228 (approved February 15, 1972), no national 
medals made for public sale under authority of any law of the 
United States shall contain any gold without the express, prior 
approval, by law, of the Congress of the United States. 
(b) Any person who violates this section shall be fined not more 
than $10,000 or imprisoned for not more than one year, or both. 
Approved January 2, 1975. 
Gold use, re-
striction. 
86 Stat. 37. 
Penalty. 
January 3, 1975 
[H. R,10710] 
Public Law 93-618 
AN ACT 
To promote the development of an open, nondiscriminatory, and fair world 
economic system, to stimulate fair and free competition between the United 
States and foreign nations, to foster the economic growth of, and full employ-
ment in, the United States, and for other purposes. 
Trade 
Act 
of 
1974. 
19 
use 
2101. 
Be it enacted hy the Senate and Bouse of Representatives 
of the 
United States of America in Congress assembled, That this Act, with 
the following table of contents, may be cited as the "Trade Act of 
1974". 
TABLE OF CONTENTS 
TITLE 
I—NEGOTIATING 
AND OTHER AUTHORITY 
CHAPTER 1—RATES OF DUTY AND OTHER TRADE BARRIERS 
Sec. 101. Basic authority for trade agreements. 
Sec. 102. NontarifE barriers to and other distortions of trade. 
Sec. 103. Overall negotiating objective. 
St'c. 104. Sector negotiating objective. 
Sec. 105. Bilateral trade agreements. 
Sec. 106. Agreements with developing countries. 
Sec. 107. International safeguard procedures. 
Sec. 108. Access to supplies. 
Sec. 109. Staging requirements and rounding authority. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1979 
TABLE OF C0NTE3SfTS—Continued 
CHAPTER 2—OTHER AUTHORITY 
Sec. 121. Steps to be taken toward GATT revision; authorization of appropria-
tions for GATT. 
Sec. 122. Balance-of-payments authority. 
Sec. 123. Compensation authority. 
Sec. 124. Two-year residual authority to negotiate duties. 
Sec. 125. Termination and withdrawal authority. 
Sec. 126. Reciprocal nondiscriminating treatment. 
Sec. 127. Reservation of articles for national security or other reasons. 
CHAPTER 3—HEARINGS AND ADVICE CONCERNING NEGOTIATIONS 
Sec. 131. International Trade Commission advice. 
Sec. 132. Advice from departments and other sources. 
Sec. 133. Public hearings. 
Sec. 134. Prerequisites for offers. 
Sec. 135. Advice from private sector. 
CHAPTER 4—OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE NEGOTIATIONS 
Sec. 141. Office of the Special Representative for Trade Negotiations. 
CHAPTER 5—CONGRESSIONAL PROCEDURES W I T H RESPECT TO PRESIDENTIAL ACTIONS 
Sec. 151. Bills implementing trade agreements on nontariff barriers and reso-
lutions approving commercial agreements with Communist countries. 
Sec. 152. Resolutions disapproving certain actions. 
Sec. 153. Resolutions relating to extension of waiver authority under section 402. 
Sec. 154. Special rules relating to congressional procedures. 
CHAPTER 6—CONGRESSIONAL LIAISON AND REPORTS 
Sec. 161. Congressional delegates to negotiations. 
Sec. 162. Transmission of agreements to Congress. 
Sec. 163. Reports. 
CHAPTER 7—UNITED STATES INTERNATIONAL TRADE COMMISSION 
Sec. 171. Change of name of Tariff Commission. 
Sec. 172. Organization of the Commission. 
Sec. 173. Voting record of commissioners. 
Sec. 174. Representation in court proceedings. 
Sec. 175. Independent budget and authorization of appropriations. 
TITLE II—RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION 
CHAPTER 1—IMPORT RELIEF 
Sec. 201. Investigation by International Trade Commission. 
Sec. 202. Presidential action after investigations. 
Sec. 203. Import relief. 
CHAPTER 2—ADJUSTMENT ASSISTANCE FOR WORKERS 
Subchapter A—Petitions and Determinations 
Sec. 221. Petitions. 
Sec. 222. Group eligibility requirements. 
Sec. 223. Determinations by Secretary of Labor. 
Sec. 224. Study by Secretary of Labor when International Trade Commission 
begins investigation; action where there is aflarmative 
finding. 
Subchapter B—^Program Benefits 
PART I—TRADE READJUSTMENT ALLOWANCES 
Sec. 231. Qualifying requirements for workers. 
Sec. 232. Weekly amounts. 
Sec. 233. Time limitations on trade readjustment allowances. 
Sec. 234. Application of State laws. 
1980 
PUBLIC L
A
W 93-618-JAN. 3, 1975 
[SB STAT. 
TABLE OF CONTENTS—Continued 
PART II—TRAINING AND RELATED SERVICES 
Sec. 235. Employment services. 
Sec. 236. Training. 
PART III—JOB SEARCH AND RELOCATION ALLOWANCES 
Sec. 237. Job search allowances. 
Sec. 238. Relocation allowances. 
Subchapter C—General Provisions 
Sec. 239. Agreements with States. 
Sec. 240. Administration absent State agreement. 
Sec. 241. Payments to States. 
Sec. 242. Liabilities of certifying and disbursing oflScers. 
Sec. 243. Recovery of overpayments. 
Sec. 244. Penalties. 
Sec. 245. Creation of trust fund; authorization of appropriations out of customs 
receipts. 
Sec. 246. Transitional provisions. 
Sec. 247. Definitions. 
Sec. 248. Regulations. 
Sec. 249. Subpena power. 
Sec. 250. Judicial review. 
CHAPTER 3—ADJUSTMENT ASSISTANCE FOR F I R M S 
Sec. 251. Petitions and determinations. 
Sec. 252. Approval of adjustment proposals. 
Sec. 253. Technical assistance. 
Sec. 254. Financial assistance. 
Sec. 255. Conditions for financial assistance. 
Sec. 256. Delegation of functions to Small Business Administration; authoriza-
tion of appropriations. 
Sec. 257. Administration of financial assistance. 
Sec. 258. Protective provisions. 
Sec. 259. Penalties. 
Sec. 260. Suits. 
Sec. 261. Definitions. 
Sec. 262. Regulations. 
Sec. 263. Transitional provisions. 
Sec. 264. Study by Secretary of Commerce when International Trade Commission 
begins investigation; action where there is affirmative 
finding. 
CHAPTER 4—ADJUSTMENT ASSISTANCE FOR COMMUNITIES 
Sec. 271. Petitions and determinations. 
Sec. 272. Trade impacted area councils. 
Sec. 273. Program benefits. 
Sec. 274. Community adjustment assistance fund and authorization of appropria-
tions. 
CHAPTER 5—MISCELLANEOUS PROVISIONS 
Sec. 280. General Accounting Office report. 
Sec. 281. Coordination. 
Sec. 282. Trade monitoring system. 
Sec. 283. Firms relocating in foreign countries. 
Sec. 284. Effective date. 
TITLE III—RELIEF FROM UNFAIR TRADE PRACTICES 
CHAPTER 1—FOREIGN IMPORT RESTRICTIONS AND EXPORT SUBSIDIES 
Sec. 301. Responses to certain trade practices of foreign governments. 
Sec. 302. Procedure for congressional disapproval of certain actions taken under 
section 301. 
CHAPTER 2—ANTIDUMPING DUTIES 
Sec. 321. Amendments to the Antidumping Act of 1921. 
CHAPTER 3—COUNTERVAILING DUTIES 
Sec. 331. Amendments to sections 303 and 516 of the Tariff Act of 1930. 
88 STAT. ] 
PUBLIC L
A
W 93-618-JAN. 3, 1975 
1981 
TABLE OF CONTENTS—Continued 
CHAPTER 4—UNFAIR IMPORT PRACTICES 
Sec. 341. Amendment to section 337 of the Tariff Act of 1930. 
TITLE IV—TRADE RELATIONS WITH COUNTRIES NOT CURRENTLY 
RECEIVING NONDISCRIMINATORY TREATMENT 
Sec. 401. Exception of the products of certain countries or areas. 
Sec. 402. Freedom of emigration in East-West trade. 
Sec. 403. United States personnel missing in action in Southeast Asia. 
Sec. 404. Extension of nondiscriminatory treatment. 
Sec. 405. Authority to enter into commercial agreements. 
Sec. 406. Market disruption. 
Sec. 407. Procedure for congressional approval or disapproval of extension of 
nondiscriminatory treatment and Presidential reports. 
Sec. 408. Payment by Czechoslovakia of amounts owed United States citizens 
and nationals. 
Sec. 409. Freedom to emigrate to join a very close relative in the United States. 
Sec. 410. East-West Trade Statistics Monitoring System. 
Sec. 411. East-West Foreign Trade Board. 
TITLE V—GENERALIZED SYSTEM OF PREFERENCES 
Sec. 501. Authority to extend preferences. 
Sec. 502. Beneficiary developing country. 
Sec. 503. Eligible articles. 
Sec. 504. Limitations on preferential treatment. 
Sec. 505. Time limit on title; comprehensive review. 
TITLE VI—GENERAL PROVISIONS 
Sec. 601. Definitions. 
Sec. 602. Relation to other laws. 
Sec. 603. International Trade Commission. 
Sec. 604. Consequential changes in the Tariff Schedules. 
Sec. 605. Separability. 
Sec. 606. International drug control. 
Sec. 607. Voluntary limitations on exports of steel to the United States. 
Sec. 608. Uniform statistical data on imports, exports, and production. 
Sec. 609. Submission of statistical data on imports and exports. 
Sec. 610. Gifts sent from insular possessions. 
Sec. 611. Review of protests in import surcharge cases. 
Sec. 612. Trade relations with Canada. 
Sec. 613. Limitation on credit to Russia. 
SEC. 2. STATEMENT OF PURPOSES. 
19 use 2102. 
The purposes of this Act are, througli trade agreements affording 
mutual benefits— 
(1) to foster the economic growth of and full employment in 
the United States and to strengthen economic relations between 
the United States and foreign countries through open and nondis-
criminatory world trade; 
(2) to harmonize, reduce, and eliminate barriers to trade on a 
basis which assures substantially equivalent competitive oppor-
tunities for the commerce of the United States; 
(3) to establish fairness and equity in international trading 
relations, including reform of the General Agreement on Tariffs 
and Trade; 
(4) to provide adequate procedures to safeguard American 
industry and labor against unfair or injurious import competition, 
and to assist industries, firm, workers, and communities to adjust 
to changes in international trade flows; 
(5) to open up market opportunities for United States com-
merce in nonmarket economies; and 
(6) to provide fair and reasonable access to products of less 
developed countries in the United States market. 
1982 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
TITLE I—NEGOTIATING AND OTHER 
AUTHORITY 
CHAPTEH 1—RATES OF DUTY AND OTHER 
TRADE BARRIERS 
19 use 2111. 
SEC. 101. BASIC AUTHORITY FOR TRADE AGREEMENTS. 
(a) Whenever the President determines that any existing duties or 
other import restrictions of any foreign country or the United States 
are unduly burdening and restricting the foreign trade of the United 
States and that the purposes of this Act will be promoted thereby, 
the President— 
(1) during the 5-year period beginning on the date of the 
enactment of this Act, may enter into trade agreements with 
foreign countries or instrumentalities thereof; and 
(2) may proclaim such modification or continuance of any 
existing duty, such continuance of existing duty-free or excise 
treatment, or such additional duties, as he determines to be 
required or appropriate to carry out any such trade agreement. 
(b)(1) Except as provided in paragraph (2), no proclamation 
pursuant to subsection (a) (2) shall be made decreasing a rate of 
duty to a rate below 40 percent of the rate existing on January 1,1975. 
(2) Paragraph (1) shall not apply in the case of any article for 
which the rate of duty existing on January 1, 1975, is not more than 
5 percent ad valorem. 
(c) No proclamation shall be made pursuant to subsection (a) (2) 
increasing any rate of duty to, or imposing a rate above, the higher 
of the following: 
(1) the rate which is 50 percent above the rate set forth in rate 
column numbered 2 of the Tariff Schedules of the United States 
19 use 1202. 
as in effect on January 1,1975, or 
(2) the rate which is 20 percent ad valorem above the rate 
existing on January 1,1975. 
1
9 use 2112. 
SEC. 102. NONTARIFF BARRIERS TO AND OTHER DISTORTIONS OF 
TRADE. 
(a) The Congress finds that barriers to (and other distortions of) 
international trade are reducing the growth of foreign markets for the 
products of United States agriculture, industry, mining, and com-
merce, diminishing the intended mutual benefits of reciprocal trade 
concessions, adversely affecting the United States economy, prevent-
ing fair and equitable access to supplies, and preventing the develop-
ment of open and nondiscriminatory trade among nations. The 
President is urged to take all appropriate and feasible steps within his 
power (including the full exercise of the rights of the United States 
under international agreements) to harmonize, reduce, or eliminate 
such barriers to (and other distortions of) international trade. The 
President is further urged to utilize the authority granted by subsec-
tion (b) to negotiate trade agreements with other countries and 
instrumentalities providing on a basis of mutuality for the har-
monization, reduction, or elimination of such barriers to (and other 
distortions of) international trade. Nothing in this subsection shall be 
construed as prior approval of any legislation which may be necessary 
to implement an agreement concerning barriers to (or other distortions 
of) international trade. 
(b) Whenever the President determines that any barriers to (or 
other distortions of) international trade of any foreign country or the 
United States unduly burden and restrict the foreign trade of the 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1983 
United States or adversely affect the United States economy, or that 
the imposition of such barriers is likely to result in such a burden, 
restriction, or effect, and that the purposes of this Act will be pro-
moted thereby, the President, during the 5-year period beginning on 
the date of the enactment of this Act, may enter into trade agreements 
with foreign countries or instrumentalities providing for the har-
monization, reduction, or elimination of such barriers (or other dis-
tortions) or providing for the prohibition of or limitations on the 
imposition of such barriers (or other distortions), 
(c) Before the President enters into any trade agreement under this 
section providing for the harmonization, reduction, or elimination of 
a barrier to (or other distortion of) international trade, he shall con-
sult with the Committee on Ways and Means of the House of Repre-
sentatives, the Committee on Finance of the Senate, and with each 
committee of the House and the Senate and each joint committee of 
the Congress which has jurisdiction over legislation involving subject 
matters which would be affected by such trade agreement. Such con-
sultation shall include all matters relating to the implementation of 
such trade agreement as provided in subsections (d) and (e). If it is 
proposed to implement such trade agreement, together with one or 
more other trade agreements entered into under this section, in a 
single 
implementing 
bill, such consultation 
shall include 
the 
desirability and feasibility of such proposed implementation. 
(d) Whenever the President enters into a trade agreement under 
this section providing for the harmonization, reduction, or elimination 
of a barrier to (or other distortion of) international trade, he shall 
submit such agreement, together with a draft of an implementing bill 
(described in section 151(b)) and a statement of any administrative 
action proposed to implement such agreement, to the Congress as pro-
vided in subsection (e), and such agreement shall enter into force 
with respect to the United States only if the provisions of subsection 
(e) are complied with and the implementing bill submitted by the 
President is enacted into law. 
(e) Each tiude agi^eement submitted to the Congress under this sub-
section shall enter into force with respect to the TTnited States if 
(and only if) — 
(1) the President, not less than 90 days before the day on which 
he enters into such trade agreement, notifies the House of Repre-
sentatives and the Senate of his intention to enter into such an 
agreement, and promptly thereafter publishes notice of such inten-
tion in the Federal Register; 
(2) after entering into the agi'eement, the President transmits 
a document to the House of Representatives and to the Senate 
containing a copy of such agreement together with— 
(A) a draft of an implementing bill and a statement of 
any administrative action proposed to implement such agree-
ment, and an explanation as to how the implementing bill 
and proposed administrative action change or affect existing 
law, and 
(B) a statement of his reasons as to how the agreement 
serves the interests of United States commerce and as tQ 
why the implementing bill and proposed administrative 
action is required or appropriate to carry out the agreement; 
and 
(3) the implementing bill is enacted into law. 
(f) To insure that a foreign country or instrumentality which 
receives benefits under a trade agreement entered into under this 
section is subject to the obligations imposed by such agreement, the 
President may recommend to Congress in the implementing bill and 
statement of administrative action submitted with respect to such 
Trade agree-
ments with foreign 
countries. 
Consultation 
with congressional 
committees. 
Agreement, bill 
draft, and state-
ment, submittal to 
Congress. 
Conditions. 
Notice to Con-
gress; publication 
in Federal Regis-
ter. 
Copy, trans-
mittal to Congress. 
Recommenda-
tions to Congress. 
1984 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
Definitions. 
19 use 1401a, 
1402. 
19 u s e 2113. 
19 use 2114. 
Analysis, sub-
mittal to Congress. 
19 use 2115. 
agreement that the benefits and obligations of such agreement apply 
solely to the parties to such agreement, if such application is con-
sistent with the terms of such agreement. The President may also 
recommend with respect to any such agreement that the benefits and 
obligations of such agreement not apply uniformly to all parties to 
such agreement, if such application is consistent with the terms of 
such agreement. 
(g) For purposes of this section— 
(1) the term "barrier" includes the American selling price 
basis of customs evaluation as defined in section 402 or 402a of 
the Tariff Act of 1930, as appropriate; 
(2) the term "distortion" includes a subsidy; and 
(3) the term "international trade" includes trade in both goods 
and services. 
SEC. 103. OVERALL NEGOTIATING OBJECTIVE. 
The overall United States negotiating objective under sections 101 
and 102 shall be to obtain more open and equitable market access and 
the harmonization, reduction, or elimination of devices which distort 
trade or commerce. To the maximum extent feasible, the harmoniza-
tion, reduction, or elimination of agricultural trade barriers and 
distortions shall be undertaken in conjunction with the harmonization, 
reduction, or elimination of industrial trade barriers and distortions. 
SEC. 104. SECTOR NEGOTIATING OBJECTIVE. 
(a) A principal United States negotiating objective under sections 
101 and 102 shall be to obtain, to the maximum extent feasible, with 
respect to appropriate product sectors of manufacturing, and with 
respect to the agricultural sector, competitive opportunities for United 
States exports to the developed countries of the world equivalent to 
the competitive opportunities afforded in United States markets to 
the importation of like or similar products, taking into account all 
barriers (including tariffs) to and other distortions of international 
trade affecting that sector, 
(b) As a means of achieving the negotiating objective set forth in 
subsection (a), to the extent consistent with the objective of maximiz-
ing overall economic benefit to the United States (through maintain-
ing and enlarging foreign markets for products of United States 
agriculture, industry, mining, and commerce, through the develop-
ment of fair and equitable market opportunities, and through open 
and nondiscriminatory world trade), negotiations shall, to the extent 
feasible be conducted on the basis of appropriate product sectors of 
manufacturing. 
(c) For the purposes of this section and section 135, the Special 
Representative for Trade Negotiations together with the Secretary of 
Commerce, Agriculture, or Labor, as appropriate, shall, after con-
sultation with the Advisory Committee for Trade Negotiations estab-
lished under section 135 and after consultation with interested private 
organizations, identify appropriate product sectors of manufacturing. 
(d) If the President determines that competitive opportunities in 
one or more product sectors will be significantly affected by a trade 
agreement concluded under section 101 or 102, he shall submit to the 
Congress with each such agreement an analysis of the extent to which 
the negotiating objective set forth in subsection (a) is achieved by 
such agreement in each product sector or product sectors. 
SEC. 105. BILATERAL TRADE AGREEMENTS. 
If the President determines that bilateral trade agreements will 
more effectively promote the economic growth of, and full employment 
in, the United States, then, in such cases, a negotiating objective under 
sections 101 and 102 shall be to enter into bilateral trade agreements. 
Each such trade agreement shall provide for mutually advantageous 
economic benefits. 
88 STAT. ] 
PUBLIC L
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1985 
SEC. 106. AGREEMENTS WITH DEVELOPING COUNTRIES. 
1
9 use 2lie. 
A United States negotiating objective under sections 101 and 102 
shall be to enter into trade agreements which promote the economic 
growth of both developing countries and the United States and the 
mutual expansion of market opportunities. 
SEC. 107. INTERNATIONAL SAFEGUARD PROCEDURES. 
1
9 use 2117. 
(a) A principal United States negotiating objective under section 
102 shall be to obtain internationally agreed upon rules and pro-
cedures, in the context of the harmonization, reduction, or elimination 
of barriers to, and other distortions of, international trade, which 
permit the use of temporary measures to ease adjustment to changes 
occurring in competitive conditions in the domestic markets of the 
parties to an agreement resulting from' such negotiations due to the 
expansion of international trade. 
(b) Any agreement entered into under section 102 may include 
provisions establishing procedures for— 
(1) notification of affected exporting countries, 
(2) international consultations, 
(3) international review of changes in trade flows, 
(4) making adjustments in trade flows as the result of such 
changes, and 
(5) international mediation. 
Such agreements may also include provisions which— 
(A) exclude, under 
specified 
conditions, the 
parties 
thereto from compensation obligations and retaliation, and 
(B) permit domestic pviblic procedures through which 
interested parties have the right to participate. 
SEC. 108. ACCESS TO SUPPLIES. 
1
9 use 2118. 
(a) A principal United States negotiating objective under section 
102 shall be to enter into trade agreements with foreign countries and 
instrumentalities to assure the United States of fair and equitable 
access at reasonable prices to supplies of articles of commerce which 
s 
are important to the economic requirements of the United States and 
for which the United States does not have, or cannot easily develop, 
the necessary domestic productive capacity to supply its own 
requirements. 
(b) Any agreement entered into under section 102 may include 
provisions Avhich— 
(1) assure to the United States the continued availability of 
important articles at reasonable prices, and 
(2) provide reciprocal concessions or comparable trade obliga-
tions, or both, by the United States. 
SEC. 109. STAGING REQUIREMENTS AND ROUNDING AUTHORITY. 
i9 use 2119. 
(a) Except as otherwise provided in this section, the aggregate 
reduction in the rate of duty on any article which is in effect on any 
day pursuant to a trade agreement under section 101 shall not exceed 
the aggregate reduction which would have been in effect on such day 
if— 
(1) a reduction of 3 percent ad valorem or a reduction of 
one-tenth of the total reduction, whichever is greater, had taken 
effect on the effective date of the first reduction proclaimed 
pursuant to section 101(a) (2) to carry out such agreement with 
respect to such article, and 
(2) a reduction equal to the amount applicable under para-
graph (1) had taken effect at 1-year intervals after the effective 
date of such first reduction. 
This subsection shall not apply in any case where the total reduction 
in the rate of duty does not exceed 10 percent of the rate before the 
reduction. 
1986 
PUBLIC LAW 93-618-JAN. 3, 1975 
[SS STAT. 
(b) If the President determines that such action will simplify the 
computation of the amount of duty imposed with respect to an article, 
he may exceed the limitation provided by section 101 (b) or subsection 
(a) of this section by not more than whichever of the following is 
lesser: 
(1) the difference between the limitation and the next lower 
whole number, or 
(2) one-half of 1 percent ad valorem. 
du^tio^n'^^effective 
(^) (1) ^ ^ Teductiou m the rate of duty on any article pursuant to 
dat^e! "' ^ "" ^^ r
* trade agreement under section 101 shall take effect more than 10 
years after the effective date of the first reduction proclaimed to carry 
out such trade agreement with respect to such article. 
(2) If any part of a reduction takes effect, then any time thereafter 
during which such pait of the reduction is not in effect by reason of 
legislation of the IJnited States or action thereunder, the effect of 
which is to maintain or increase the rate of duty on an article, shall 
be excluded in determining— 
(A) the 1-year intervals referred to in subsection (a) (2), and 
(B) the expiration of the 10-year period referred to in 
paragraph (1) of this subsection. 
CHAPTER 
2—OTHER 
AUTHORITY 
19 use 2131. 
SEC. 121. STEPS TO BE TAKEN TOWARD GATT REVISION; AUTHOR-
IZATION OF APPROPRIATIONS FOR GATT. 
(a) The President shall, as soon as practicable, take such action as 
may be necessary to bring trade agreements heretofore entered into, 
and the application thereof, into conformity with principles pro-
moting the development of an open, nondiscriminatory, and fair 
world economic system. The action and principles referred to in the 
preceding sentence include, but are not limited to, the following— 
(1) the revision of decisionmaking procedures in the General 
8 usT 1767. 
Agreement on Tariffs and Trade (hereinafter in this subsection 
referred to as "GATT") to more nearly reflect the balance of 
economic interests, 
(2) the revision of article X I X of the GATT into a truly 
international safeguard procedure which takes into account all 
forms of import restraints countries use in response to injurious 
competition or threat of such competition, 
(3) the extension of GATT articles to conditions of trade not 
presently covered in order to move toward more fair trade 
practices, 
(4) the adoption of international fair labor standards and of 
public petition and confrontation procedures in the GATT, 
(5) the revision of GATT articles with respect to the treatment 
of border adjustments for internal taxes to redress the dis-
advantage to countries relying primarily on direct rather than 
indirect taxes for revenue needs, 
(6) the revision of the balance-of-payments provision in the 
GATT articles so as to recognize import surcharges as the pre-
ferred means by which industrial countries may handle balance-
of-payments deficits insofar as import restraint measures are 
required, 
(7) the improvement and strengthening of the provisions of 
GATT and other international agreements governing access 
to supplies of food, raw materials, and manufactured or semi-
manufactured products, including rules and procedures govern-
ing the imposition of export controls, the denial of fair and 
equitable access to such supplies, and effective consultative pro-
cedures on problems of supply shortages. 
8 UST 1786. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1987 
(8) the extension of the provisions of GATT or other inter-
national agreements to authorize multilateral procedures by con-
tracting parties with respect to member or nonmember countries 
which deny fair and equitable access to supplies of food, raw 
materials, and manufactured or semi-manufactured products, and 
thereby substantially injure the international community, 
(9) any revisions necessary to establish procedures for regular 
consultation among countries and instrumentalities with respect 
to international trade and procedures to adjudicate commercial 
disputes among such countries or instrumentalities, 
(10) any revisions necessary to apply the principles of 
reciprocity and nondiscrimination, including the elimination of 
special preferences and revei"se preferences, to all aspects of inter-
national trade, 
(11) any revisions necessary to define the forms of subsidy 
to industries producing products for export and the forms of 
subsidy to attract foreign investment which are consist/ent with 
an open, nondiscriminatory, and fair system of international 
trade, and 
(12) consistent with the provisions of section 107, any revisions 
necessary to establish within the GATT an international agree-
ments on articles (including footwear), including the creation 
of regular and institutionalized mechanisms for the settlement of 
disputes, and of a surveillance body to monitor all international 
shipments in such articles. 
(b) The President shall, to the extent feasible, enter into agree-
ments with foreign countries or instrumentalities to establish the 
principles described in subsection (a) with respect to international 
trade between the United States and such countries or instrumen-
talities. 
(c) If the President enters into a trade agreement which establishes 
rules or procedures, including those set forth in subsection (a), 
promoting the development of an open, nondiscriminatory, and fair 
world economic system and if the implementation of such agreement 
will change any provision of Federal law (including a material change 
in an administrative rule), such agreement shall take effect with 
respect to the United States only if the appropriate implementing 
legislation is enacted by the Congress unless implementation of such 
agreement is effected pursuant to authority delegated by Congress. 
Such trade agreement may be submitted to the Congress for approval 
in accordance with the procedures of section 151. Nothing in this 
section shall be construed as prior approval of any legislation neces-
sary to implement a trade agreement entered into under this section. 
(d) There are authorized to be appropriated annually such sums 
as may be necessary for the payment by the United States of its 
share of the expenses of the Contracting Parties to the General 
Agreement on Tariffs and Trade. This authorization does not imply 
approval or disapproval by the Congress of all articles of the Gen-
eral Agreement on Tariffs and Trade. 
SEC. 122. BALANCE-OF-PAYMENTS AUTHORITY. 
(a) Whenever 
fundamental 
international 
payments 
problems 
require special import measures to restrict imports— 
(1) to deal with large and serious United States balance-of-
payments deficits, 
(2) to prevent an imminent and significant depreciation of 
the dollar in foreign exchange markets, or 
(3) to cooperate with other countries in correcting an inter-
national balance-of-payments disequilibrium, 
the President shall proclaim, for a period not exceeding 150 days 
(unless such period is extended by Act of Congress) — 
Ante, 
p. 1935. 
8 UST 1767. 
Trade agreement 
establishing rules 
or procedures. 
Submittal to 
Congress. 
Post, p. 2001. 
Appropriation. 
19 u s e 2132. 
Import restric-
tions. 
creases 
1988 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(A) a temporary import surcharge, not to exceed 15 percent 
ad valorem, in the form of duties (in addition to those already 
imposed, if any) on articles imported into the United States; 
(B) temporary limitations through the use of quotas on the 
importation of articles into the United States; or 
(C) both a temporary import surcharge described in subpara-
graph (A) and temporary limitations described in subparagraph 
(B). 
The authority delegated under subparagraph (B) (and so much of 
subparagraph (C) as relates to subparagraph (B)) may be exercised 
(i) only if international trade or monetary agreements to which the 
United States is a party permit the imposition of quotas as a balance-
of-payments measure, and (ii) only to the extent that the fundamental 
imbalance cannot be dealt with effectively by a surcharge proclaimed 
pursuant to subparagraph (A) or (C). Any temporary import sur-
charge proclaimed pursuant to subparagraph (A) or (C) shall be 
treated as a regular customs duty. 
(b) If the President determines that the imposition of import 
restrictions under subsection (a) will be contrary to the national 
interest of the United States, then he may refrain from proclaiming 
such restrictions and he shall— 
(1) immediately inform Congress of his determination, and 
(2) immediately convene the group of congressional official 
advisers designated under section 161(a) and consult with them 
as to the reasons for such determination. 
i'^o!!''"" 
(^) Whenever the President determines that fundamental inter-
national payments problems require special import measures to 
increase imports— 
(1) to deal with large and persistent United States balance-
of-trade surpluses, as determined on the basis of the cost-
insurance-freight value of imports, as reported by the Bureau 
of the Census, or 
(2) to prevent significant appreciation of the dollar in foreign 
exchange markets. 
the President is authorized to proclaim, for a period of 150 days 
(unless such period is extended by Act of Congress) — 
(A) a temporary reduction (of not more than 5 percent ad 
valorem) in the rate of duty on any article; and 
(B) a temporary increase in the value or quantitv of articles 
which may be imported under any import restriction, or a 
temporary suspension of any import restriction. 
Import liberalizing actions proclaimed pursuant to this subsection 
shall be of broad and uniform application with respect to product 
coverage except that the President shall not proclaim measures under 
this subsection with respect to those articles where in his judgment 
such action will cause or contribute to material injury to firms or 
workers in any domestic industry, including agriculture, mining, fish-
ing, or commerce, or to impairment of the national security, or will 
otherwise be contrary to the national interest. 
(d) (1) Import restricting actions proclaimed pursuant to subsec-
tion (a) shall be applied consistently with the principle of nondis-
criminatory treatment. In addition, any quota proclaimed pursuant 
to subparagraph (B) of subsection (a) shall be applied on a basis 
which aims at a distribution of trade with the United States approach-
ing as closely as possible that which various foreign countries might 
have expected to obtain in the absence of such restrictions. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1989 
(2) Notwithstanding paragraph (1), if the President determines 
that the purposes of this section will best be served by action against 
one or more countries having large or persistent balance-of-payments 
surpluses, he may exempt all other countries from such action. 
(3) After such time when there enters into force for the United 
States new rules regarding the application of surcharges as part of a 
reform of internationally agreed balance-of-payments adjustment pro-
cedures, the exemption authority contained in paragraph (2) shall be 
applied consistently with such new international rules. 
(4) It is the sense of Congress that the President seek modifica-
tions in international agreements aimed at allowing the use of sur-
charges in place of quantitative restrictions (and providing rules to 
govern the use of such surcharges) as a balance-of-payments adjust-
ment measure within the context of arrangements for an equitable 
sharing of balance-of-payments adjustment responsibility among 
deficit and surplus countries. 
(e) Import restricting actions proclaimed pursuant to subsection 
(a) shall be of broad and uniform application with respect to product 
coverage except where the President determines, consistently Avith 
the purposes of this section, that certain articles should not be subject 
to import restricting actions because of the needs of the United 
States economy. Such exceptions shall be limited to the unavailability 
of domestic supply at reasonable prices, the necessary importation of 
raw materials, avoiding serious dislocations in the supply of imported 
goods, and other similar factors. In addition, uniform exceptions may 
be made where import restricting actions will be unnecessary or inef-
fective in carrying out the purposes of this section, such as with respect 
to articles already subject to import restrictions, goods in transit, or 
goods under binding contract. Neither the authorization of import 
restricting actions nor the determination of exceptions w4th respect 
to product coverage shall be made for the purpose of protecting 
individual domestic industries from import competition. 
(f) Any quantitative limitation proclaimed pursuant to subpara- 
Quantitative 
graph (B) or (C) of subsection (a) on the quantity or value, or both, ^"^Jf'°"'^'"'"''^^" 
of an article— 
(1) shall permit the importation of a quantity or value which 
is not less than the quantity or value of such article imported into 
the United States from the foreign countries to which such limita-
tion applies during the most recent period which the President 
determines is representative of imports of such article, and 
(2) shall take into account any increase since the end of such 
representative period in domestic consumption of such article and 
like or similar articles of domestic manufacture or production. 
(g) The President may at any time, consistent with the provisions 
of this section, suspend, modify, or terminate, in whole or in part, any 
proclamation under this section either during the initial 150-day 
period of effectiveness or as extended by subsequent Act of Congress. 
(h) No provision of law authorizing the termination of tariff con-
cessions shall be used to impose a surcharge on imports into the United 
States. 
SEC. 123. COMPENSATION AUTHORITY. 
1
9 use 2133. 
(a) Whenever any action has been taken under section 203 to 
Post. p. 2015. 
increase or impose any duty or other import restriction, the President— 
(1) may enter into trade agreements with foreign countries or 
instrumentalities for the purpose of granting new concessions as 
38-194 O - 76 - 43 Pt. 2 
1990 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
compensation in order to maintain the general level of reciprocal 
and mutually advantageous concessions; and 
(2) may proclaim such modification or continuance of any 
existing duty, or such continuance of existing duty-free or excise 
treatment, as he determines to be required or appropriate to carry 
out any such agreement. 
(b) (1) No proclamation shall be made pursuant to subsection (a) 
decreasing any rate of duty to a rate which is less than 70 percent of 
the existing rate of duty. 
(2) Where the rate of duty in effect at any time is an intermediate 
stage under section 109, the proclamation made pursuant to subsec-
tion (a) may provide for the reduction of each rate of duty at each 
such stage proclaimed under section 101 by not more than 30 percent 
of such rate of duty, and may provide for a final rate of duty which 
is not less than 70 percent of the rate of duty proclaimed as the final 
stage under section 101. 
(3) If the President determines that such action will simplify the 
computation of the amount of duty imposed with respect to an article, 
he may exceed the limitations provided by paragraphs (1) and (2) of 
this subsection by not more than the lesser of— 
(A) the difference between such limitation and the next lower 
whole number, or 
(B) one-half of 1 percent ad valorem. 
(4) Any concessions granted under subsection (a) (1) shall be 
reduced and terminated according to substantially the same time sched-
ule for reduction applicable to the relevant import relief under section 
Post, p. 2015. 
2 0 3 ( h ) . 
(c) Before entering into any trade agreement under this section 
with any foreign country or instrumentality, the President shall con-
sider whether such country or instrumentality has violated trade con-
cessions of benefit to the United States and such violation has not 
been adequately offset by the action of the United States or by such 
country or instrumentality. 
(d) Notwithstanding the provisions of subsection (a), the authority 
delegated under section 101 shall be used for the purpose of granting 
new concessions as compensation within the meaning of this section 
until such authority terminates. 
19 use 2134. 
SEC. 124. TWO-YEAR RESIDUAL AUTHORITY TO NEGOTIATE DUTIES. 
(a) Whenever the President determines that any existing duties 
or other import restrictions of any foreign country or the United 
States are unduly burdening and restricting the foreign trade of the 
United States and that the purposes of this Act will be promoted 
thereby, the President— 
(1) may enter into trade agreements with foreign countries 
or instrumentalities thereof, and 
(2) may proclaim such modification or continuance of any 
existing duty, such continuance of existing duty-free or excise 
treatment, or such additional duties, as he determines to be 
required or appropriate to carry out any such trade agreement. 
(b) Agreements entered into under this section in any 1-year period 
shall not provide for the reduction of duties, or the continuance of 
duty-free or excise treatment, for articles which account for more 
than 2 percent of the value of United States imports for the most 
recent 12-month period for which import statistics are available. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1991 
(c) (1) No proclamation shall be made pursuant to subsection (a) 
decreasing any i-ate of duty to a rate which is less than 80 percent 
of the existing rate of duty. 
(2) No proclamation shall be made pursuant to subsection (a) 
decreasing or increasing any rate of duty to a rate which is lo^ver or 
higher than the corresponding rate which would have resulted if the 
maximum authority granted by section 101 with respect to such article 
had been exercised. 
(3) Where the rate of duty in effect at any time is an intermediate 
stage under section 109, the proclamation made pursuant to subsection 
(a) may provide for the reduction of each rate of duty at each such 
stage proclaimed under section 101 by not more than 20 percent of such 
rate of duty, and, subject to the limitation in paragraph (2), may 
provide for a final rate of duty which is not less than 80 percent of 
the rate of duty proclaimed as the final stage under section 101. 
(4) If the President determines that such action will simplify 
the computation of the amount of duty imposed with respect to an 
article, he may exceed the limitations provided by paragraphs (1) 
and (2) of this subsection by not more than the lesser of— 
(A) the difference between such limitation and the next lower 
whole number, or 
(B) one-half of 1 percent ad valorem. 
(d) Agreements may be entered into under this section only during 
the 2-year period which immediately follows the close of the period 
during which agreements may be entered into under section 101. 
SEC. 125. TERMINATION AND WITHDRAWAL AUTHORITY. 
19 use 2135. 
(a) Ever^ trade agreement entered into under this Act shall be sub-
ject to termination, in whole or in part, or withdrawal, upon due notice, 
at the end of a period specified in the agreement. Such period shall be 
not more than 3 years from the date on which the agreement becomes 
effective. If the agreement is not terminated or withdrawn from at 
the end of the period so specified, it shall be subject to termination or 
withdrawal thereafter upon not more than 6 months' notice. 
(b) The President may at any time terminate, in whole or in part, 
any proclamation made under this Act. 
(c) "Whenever the United States, acting in pursuance of any of its 
rights or obligations under any trade agreement entered into pursuant 
to this Act, section 201 of the Trade Expansion Act of 1962, or section 
i9 use 1821. 
350 of the Tariff Act of 1930, withdraws, suspends, or modifies any 
^^ ^^*^ ^^^*-
obligation with respect to the trade of any foreign country or instru-
mentality thereof, the President is authorized to proclaim increased 
duties or other import restrictions, to the extent, at such times, and for 
such periods as he deems necessary or appropriate, in order to exercise 
the rights or fulfill the oblig^ations of the United States. No proclama-
tion shall be made under this subsection increasing any existing duty 
to a rate more than 50 percent above the rate set forth in rate column 
numbered 2 of the Tariff Schedules of the United States, as in effect 
i^ use 1202. 
on January 1, 1975, or 20 percent ad valorem above the rate existing 
on January 1,1975, whichever is higher. 
(d) Whenever any foreign country or instrumentality withdraws, 
suspends, or modifies the application of trade agreement obligations 
of benefit to the United States without granting adequate compensation 
therefor, the President, in pursuance of rights granted to the United 
States under any trade agreement and to the extent necessary to pro-
tect United States economic interests (including United States balance 
of payments), may— 
1992 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
19 u s e 1821. 
19 u s e 1351. 
Presidential 
recommenda-
tions, transmit-
tal to eongress. 
Hearing. 
19 u s e 2136. 
Recommenda-
tions to Con-
(1) withdraw, suspend, or modify the application of substan-
tially equivalent trade agreement obligations of benefit to such 
foreign country or instrumentality, and 
(2) proclaim under subsection (c) such increased duties or 
other import restrictions as are appropriate to effect adequate 
compensation from such foreign country or instrumentality. 
(e) Duties or other import restrictions required or appropriate to 
carry out any trade agreement entered into pursuant to this Act, sec-
tion 201 of the Trade Expansion Act of 1962, or section 850 of the 
Tariff Act of 1930 shall not be affected by any termination, in whole 
or in part, of such agreement or by the withdrawal of the United 
States from such agreement and shall i-emain in effect after the date of 
such termination or withdrawal for 1 year, unless the President by 
proclamation provides that such rates shall be restored to the level at 
which they would be but for the agreement. Within 60 days after the 
date of any such termination or withdrawal, the President shall trans-
mit to the Congress his recommendations as to the appropriate rates 
of duty for all articles w^hich were affected by the termination or with-
drawal or would have been so affected but for the preceding sentence. 
(f) Before taking any action pursuant to subsection (b), (c), or 
(d), the President shall provide for a public hearing during the course 
of which interested persons shall be given a reasonable opportunity to 
be present, to produce evidence, and to be heard, unless he determines 
that such prior hearings will be contrary to the national interest 
because of the need for expeditious action, in which case he shall pro-
vide for a public hearing promptly after such action. 
SEC. 126. RECIPROCAL NONDISCRIMINATORY TREATMENT. 
(a) Except as otherwise provided in this Act or in any other pro-
vision of law, any duty or other import restriction or duty-free treat-
ment proclaimed in carrying out any trade agreement under this title 
shall apply to products of all foreign countries, whether imported 
directly or indirectly. 
(b) The President shall determine, after the conclusion of all 
negotiations entered into under this Act or at the end of the 5-year 
period beginning on the date of enactment of this Act, whichever is 
earlier, whether any major industrial country has failed to make con-
cessions under trade agreements entered into under this Act which 
provide competitive opportunities for the commerce of the United 
States in such country substantially equivalent to the competitive 
opportunities, provided by concessions made by the United States 
under trade agreements entered into under this Act, for the commerce 
of such country in the United States. 
(c) If the President determines under subsection (b) that a major 
industrial country has not made concessions under trade agreements 
entered into under this Act which provide substantially equivalent 
competitive opportunities for the commerce of the United States, he 
shall, either generally with respect to such country or by article pro-
duced by such country, in order to restore equivalence of competitive 
opportunities, recommend to the Congress— 
(1) legislation providing for the termination or denial of the 
benefits of concessions of trade agreements entered into under this 
Act made with respect to rates of duty or other import restrictions 
by the United States; and 
(2) that any legislation necessary to carry out any trade agree-
ment under section 102 shall not apply to such country. 
19 
use 
2137. 
19 
use 2137. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1993 
(d) For purposes of this section, "major industrial country" means ^^"Jf^'°'' '"'^ff 
Canada, the European Economic Community, the individual member """ country, 
countries of such Community, Japan, and any other foreign country 
designated by the President for purposes of this subsection. 
SEC. 127. RESERVATION OF ARTICLES FOR NATIONAL SECURITY OR 
OTHER REASONS. 
(a) No proclamation shall be made pursuant to the provisions of 
this Act reducing or eliminating the duty or other import restriction 
on any article if the President determmes that such reduction or 
elimination would threaten to impair the national security. 
(b) While there is in effect with respect to any article any action 
taken under section 203 of this Act, or section 232 or 351 of the Trade 
^°s^ p. 2015 
Expansion Act of 1962 (19 U.S.C. 1862 or 1981), the President shall 
reserve such article from negotiations under this title (and from any 
action under section 122(c)) contemplating reduction or elimination 
'^"^^' ^- ^^^^ 
of— 
(A) any duty on such article, 
(B) any import restriction imposed under such section, or 
(C) any other import restriction, the removal of which will be 
likely to undermine the effect of the import restrictions referred 
to in subparagraph (B). 
In addition, the President shall also so reserve any other article which 
he determines to be appropriate, taking into consideration infonna-
tion and advice available pursuant to and with respect to the matters 
covered by sections 131,132, and lo3, where applicable. 
(c) The President shall submit to the Congress an annual report on 
•^'^''o'con'^ris 
section 232 of the Trade Expansion Act of 1962. Within 60 days after ^"[g usc°"86" 
he takes any action under such section 232, the President shall report 
1
9 use 1862. 
to the Congress the action taken and the reasons therefor. 
(d) Section 232 of the Trade Expansion Act of 1962 is amended— 
1
9 use 1862. 
(1) by striking out "Director of the Office of Emergency 
Planning (hereinafter in this section referred to as the 'Direc-
tor') " in the first sentence of subsection (b) and inserting in lieu 
thereof "Secretary of the Treasury (hereinafter referred to as 
the 'Secretary')"; 
(2) by striking out "advice from other appropriate departments 
and agencies" in the first sentence of subsection (b) and inserting 
in lieu thereof "advice from, and shall consult with, the Secretary 
of Defense, the Secretary of Commerce, and other appropriate 
officers of the United States"; 
(3) by striking out the last sentence of subsection (b) and 
inserting in lieu thereof the following: "The Secretary shall, if 
Hearings. 
it is appropriate and after reasonable notice, hold public hearings 
or otherwise afford interested parties an opportunity to present 
information and advice relevant to such investigation. The Secre- ^ Report to Presi 
tary shall report the findings of his investigation under this sub-
section with respect to the effect of the importation of such 
article in such quantities or under such circumstances upon the 
national security and, based on such findings, his recommendation 
for action or inaction under this section to the President within 
one year after receiving an application from an interested party 
or otherwise beginning an investigation under this subsection. If 
the Secretary finds that such article is being imported into the 
United States in such quantities or under such circumstances as 
to threaten to impair the national security, he shall so advise 
the President and the President shall take such action, and for 
dent. 
1994 
PUBLIC L
A
W 93-618-JAN. 3, 1975 
[88 STAT. 
^taport adjust- 
such time, as he deems necessary to adjust the imports of such 
article and its derivatives so that such imports will not threaten 
to impair the national security, unless the President determines 
that the article is not being imported into the United States in 
such quantities or under such circumstances as to threaten to 
impair the national security."; and 
(4) by striking out "Director" each place it appears in subsec-
tions (c) and (d) and inserting in lieu thereof "Secretary". 
CHAPTER 3—HEARINGS AND ADVICE 
CONCERNING NEGOTIATIONS 
19 use 2151. 
SEC. 131. INTERNATIONAL TRADE COMMISSION ADVICE. 
Lists o
f articles 
(a) l u councction with any proposed trade agreement under chap-
oru^ls^du^tfei"" 
ter 1 or section 123 or 124, the President shall from time to time publish 
and furnish the International Trade Commission (hereafter in this 
section referred to as the "Commission") with lists of articles which 
may be considered for modification or continuance of United States 
duties, continuance of United States duty-free or excise treatment, 
or additional duties. In the case of any article with respect to which 
consideration may be given to reducing or increasing the rate of 
duty, the list shall specify the provision of this title pursuant to 
which such consideration may be given. 
(b) Within 6 months after receipt of such a list or, in the case of a 
list submitted in connection with a trade agreement authorized under 
section 123, within 90 days after receipt of such list, the Commission 
shall advise the President with respect to each article of its judgment 
as to the probable economic effect of modifications of duties on indus-
tries producing like or directly competitive articles and on consumers, 
so as to assist the President in making an informed judgment as to the 
impact which might be caused by such modifications on United States 
manufacturing, agriculture, mining, fishing, labor, and consumers. 
Such advice may include in the case of any article the advice of the 
Commission as to whether any reduction in the rate of duty should 
take place over a longer period than the minimum periods provided 
by section 109(a). 
and'^e^orts*'""^ 
(^) ^^ addition, in order to assist the President in his determination 
of whether to enter into any agreement under section 102, the Com-
mission shall make such investigations and reports as may be 
requested by the President, including, where feasible, advice as to the 
probable economic effects of modifications of any barrier to (or other 
distortion of) international trade on domestic industries and purchas-
ers and on prices and quantities of articles in the United States. 
Functions. 
^^j^ jj^ preparing its advice to the President under this section, the 
Commission shall, to the extent practicable— 
(1) investigate conditions, causes, and effects relating to com-
petition between the foreign industries producing the articles in 
question and the domestic industries producing the like or directly 
competitive articles; 
(2) analyze the production, trade, and consumption of each 
like or directly competitive article, taking into consideration 
employment, profit levels, and use of productive facilities with 
respect to the domestic industries concerned, and such other eco-
nomic factors in such industries as it considers relevant, including 
prices, wages, sales, inventories, patterns of demand, capital 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1995 
investment, obsolescence of equipment, and diversification of 
production; 
(3) describe the probable nature and extent of any significant 
change in employment, profit levels, and use of productive facili-
ties, and such other conditions as it deems relevant in the domestic 
industries concerned which it believes such modifications would 
cause; and 
(4) make special studies (including studies of real wages paid 
in foreign supplying countries), whenever deemed to be war-
ranted, of particular proposed modifications affecting United 
States manufacturing, agriculture, mining, fishing, labor, and 
consumers, utilizing to the fullest extent practicable United States 
Government facilities abroad and appropriate pei-sonnel of the 
United States. 
(e) In preparing its advice to the President under this section, the 
H<^armgs. 
Commission shall, after reasonable notice, hold public hearings. 
SEC. 132. ADVICE FROM DEPARTMENTS AND OTHER SOURCES. 
i9 use 2is2. 
Before any trade agreement is entered into under chapter 1 or sec-
tion 123 or 124, the President shall seek information and advice with 
respect to such agreement from the Departments of Agriculture, Com-
merce, Defense, Interior, Labor, State and the Treasuiy, from the 
Special Representative for Trade Negotiations, and from such other 
sources as he may deem appropriate. 
SEC. 133. PUBLIC HEARINGS. 
19 use 2153. 
(a) In connection with any proposed trade agreement under chap-
ter 1 or section 123 or 124, the President shall afford an opportunity 
for any interested person to present his views concerning any article 
on a list published pursuant to section 131, any article which should be 
so listed, any concession which should be sought by the LTnited States, 
or any other matter relevant to such proposed trade agreement. For 
this purpose, the President shall designate an agency or an interagency 
committee which shall, after reasonable notice, hold public hearings 
and pi-escribe regulations governing the conduct of such hearings. 
(b) The organization holding- such hearins^s shall furnish the Presi- 
summary to 
• 
P r e s i d e n t 
dent with a summary thereof. 
SEC. 134. PREREQUISITES FOR OFFERS. 
In any negotiations seeking an agreement under chapter 1 or section 
123 or 124, the President may make an offer for the modification or 
continuance of any United States duty, import restrictions, or barriers 
to (or other distortions of) international trade, the continuance of 
United States duty-free or excise treatment, or the imposition of addi-
tional duties, import restriction, or other barrier to (or other distortion 
of) international trade, with respect to any article only after he has 
received a summary of the hearings at which an opportunity to be 
heard with respect to such article has been afforded under section 133. 
In addition, the President may make an offer for the modification or 
continuance of any United States duty, the continuance of LTnited 
States duty-free or excise treatment, or the imposition of additional 
duties, with respect to any article included in a list published and 
furnished under section 131(a), only after he has received advice con-
cerning such article from the International Trade Commission under 
section 131 (b), or after the expiration of the 6-month or 90-day period 
provided for in that section, as appropriate, whichever first occurs. 
19 use 2154. 
1996 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
Advisory Com-
mittee for Trade 
Negotiations, 
Establishment; 
membership. 
Termination. 
General policy 
advisory commit-
tees. 
Establishment. 
19 use 2155. 
SEC. 135. ADVICE FROM PRIVATE SECTOR. 
(a) The President, in accordance with the provisions of this section, 
shall seek information and advice from representative elements of the 
private sector with respect to negotiating objectives and bargaining 
positions before entering into a trade agreement referred to in section 
101 or 102. 
(b) (1) The President shall establish an Advisory Committee for 
Trade Negotiations to provide overall policy advice on any trade 
agreement referred to in section 101 or 102. The Committee shall be 
composed of not more than 45 individuals, and shall include repre-
sentatives of government, labor, industry, agriculture, small business, 
service industries, retailers, consumer interests, and the general public. 
(2) The Committee shall meet at the call of the Special Kepre-
sentative for Trade Negotiations, who shall be the Chairman. The 
Committee shall terminate upon submission of its report required 
under subsection (e) (2). Members of the Committee shall be appointed 
by the President for a period of 2 years and may be reappointed for 
one or more additional periods. 
(3) The Special Representative for Trade Negotiations shall make 
available to the Committee such staff, information, personnel, and 
administrative services and assistance as it may reasonably require to 
carry out its activities. 
(c) (1) The President may, on his own initiative or at the request 
of organizations representing industry, labor, or agriculture, establish 
general policy advisory committees for industry, labor, and agricul-
ture, respectively, to provide general policy advice on any trade agree-
ment referred to in section 101 or 102. Such committees shall, insofar 
as practicable, be representative of all industry, labor, or agricultural 
interests (including small business interests), respectively, and shall 
be organized by the President acting through the Special Representa-
tive for Trade Negotiations and the Secretaries of Commerce, Labor, 
and Agriculture, as appropriate. 
(2) The President shall, on his own initiative or at the request of 
organizations in a particular sector, establish such industry, labor, or 
agricultural sector advisory committees as he determines to be neces-
sary for any trade negotiations referred to in section 101 or 102. Such 
committees shall, so far as practicable, be representative of all industry, 
labor, or agricultural interests including small business interests in 
the sector concerned. In organizing such committees the President, 
acting through the Special Representative for Trade Negotiations 
and the Secretary of Commerce, Labor, or Agriculture, as appropri-
ate, (A) shall consult with interested private organizations, and 
(B) shall take into account such factors as patterns of actual and 
potential competition between United States industry and agriculture 
and foreign enterprise in international trade, the character of the 
nontariff barriers and other distortions affecting such competition, 
the necessity for reasonable limits on the number of such product: 
sector advisory committees, the necessity that each committee be 
reasonably limited in size, and that the product lines covered by each 
committee be reasonably related. 
Meetings. 
(cl) Committces established pursuant to subsection (c) shall meet 
at the call of the Special Representative for Trade Negotiations, 
before and during any trade negotiations, to provide the following: 
(1) policy advice on negotiations; 
(2) technical advice and information on negotiations on par-
ticular products both domestic and foreign; and 
Sector advisory 
committees. 
Establishment. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1997 
Reports to 
President, Con-
gress, and Special 
Representative 
for Trade Nego-
tiations. 
Report to Con-
gress. 
(3) advice on other factors relevant to positions of the United 
States in trade negotiations. 
(e) (1) The Advisory Committee for Trade Negotiations, each 
appropriate policy advisory committee, and each sector advisory com-
mittee, if the sector which such committee represents is affected, shall 
meet at the conclusion of negotiations for each trade agreement entered 
into under this Act, to provide to the President, to Congress, and to 
the Special Representative for Trade Negotiations a report on such 
agreement. The repoi-t of the Advisory Committee for Trade Negotia-
tions and each appropriate policy advisory committee shall include 
an advisory opinion as to whether and to what extent the agreement 
promotes the economic interests of the United States and the report of 
the appropriate sector committee shall include an advisory opinion as 
to whether the agreement provides for equity and reciprocity within 
the sector. 
(2) The Advisory Committee for Trade Negotiations, each policy 
advisory committee, and each sector advisory committee shall issue 
a report to the Congress as soon as is practical after the end of the 
period which ends 5 years after the date of enactment of this Act. The 
report of the Advisory Committee for Trade Negotiations and each 
policy advisory committee shall include an advisory opinion as to 
whether and to what extent trade agreements entered into under this 
Act, taken as a whole, serve the economic interests of the United States. 
The report of each sector advisory committee shall include an advisory 
opinion on the degree to which trade agreements entered into under 
this Act which affect the sector represented by each such committee, 
taken as a whole, provide for equity and reciprocity within that sector. 
(f) The provisions of the Federal Advisory Committee Act (Public 
Law 92-463) shall apply— 
(1) to the Advisory Committee for Trade Negotiations estab-
lished pursuant to subsection (b) ; and 
(2) to all other advisory committees which may be established 
pursuant to subsection (c) ; except that the meetings of advisory 
groups established under subsection (c) shall be exempt from 
the requirements of subsections (a) and (b) of section 10 and 
section 11 of the Federal Advisory Committee Act (relating to 
open meetings, public notice, public participation, and public 
availability of documents), whenever and to the extent it is deter-
mined by the President or his designee that such meetings will 
be concerned with matters the disclosure of which would seriously 
compromise the Government's negotiating objectives or bargain-
ing positions on the negotiation of any trade agreement. 
(g) (1) (A) Trade secrets and commercial or financial information confidimfaf in. 
which is privileged or confidential, submitted in confidence by the formation. 
private sector to officers or employees of the United States in connec-
tion with trade negotiations, shall not be disclosed to any person other 
than to— 
(i) officers and employees of the United States designated by 
the Special Representative for Trade Negotiations, and 
(ii) members of the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the 
Senate who are accredited as official advisers under section 161 
(a) or are designated by the chairman of either such committee 
under section 161(b) (2), and members of the staff of either such 
committee designated by the chairman under section 161(b) (2), 
for use in connection with negotiation of a trade agreement referred 
to in section 101 or 102. 
5 u s e app. L 
Post, 
p. 2008, 
1998 
PUBLIC LAW 93-618-JAN. 3, 1975 
[38 STAT. 
tiaTi'nformation"' 
^^^ Information, other than that described in paragraph (A), 
and advice. 
^nd advicB submitted in confidence by the private sector to officers or 
employees of the United States, to the Advisory Committee for Trade 
Negotiations or to any advisory committee established under sub-
section (c), in connection with trade negotiations, shall not be dis-
closed to any person other than— 
(i) the individuals described in subparagraph (A), and 
(ii) the appropriate advisory committees established under this 
section. 
Rules governing 
^2) Information submitted in confi.dence by officers or employees of 
clo^s^e.'"" '^ 
the United States to the Advisory Committee for Trade Negotiations, 
or to any advisory committee established under subsection (c), shall 
not be disclosed other than in accordance with rules issued by the 
Special Representative for Trade Negotiations and the Secretary of 
Commerce, Labor or Agriculture, as appropriate, after consultation 
with the relevant advisory committees established under subsection 
(c). Such rules shall define the categories of information which re-
c[uire restricted or confidential handling by such committee consider-
ing the extent to which public disclosure of such information can rea-
sonably be expected to prejudice United States negotiating objec-
tives. Such rules shall, to the maximum extent feasible, permit mean-
ingful consultations by advisory committee members with persons 
afi'ected by proposed trade agreements. 
(h) The Special Representative for Trade Negotiations, and the 
Secretary of Commerce, Labor, or Agriculture, as appropriate, shall 
provide such staff, information, personnel, and administrative services 
and assistance to advisory committees established pursuant to sub-
section (c) as such committees may reasonably require to carry out 
their activities. 
(i) It shall be the responsibility of the Special Representative for 
Trade Negotiations, in conjunction with the Secretary of Commerce, 
Labor, or Agriculture, as appropriate, to adopt procedures for con-
sultation with and obtaining information and advice from the advi-
sory committees established pursuant to subsection (c) on a continuing 
and timely basis, both during preparation for negotiations and actual 
negotiations. Such consultation shall include the provision of informa-
tion to each'advisory committee as to (1) significant issues and develop-
ments arising in preparation for or in the course of such negotiations, 
and (2) overall negotiating objectives and positions of the United 
States and other parties to the negotiations. The Special Repre-
sentative for Trade Negotiations shall not be bound by the advice or 
recommendations of such advisory committees but the Special Repre-
sentative for Trade Negotiations shall inform the advisory committees 
of failures to accept such advice or recommendations, and the President 
Post, p. 2009. 
shall include in his statement to the Congress, required by section 163, 
^''p°'^'- 
a report by the Special Representative for Trade Negotiations on con-
sultation with such committees, issues involved in such consultation, 
and the reasons for not accepting advice or recommendations. 
(j) In addition to any advisory committee established pursuant 
to this section, the President shall provide adequate, timely and con-
tinuing opportunity for the submission on an informal and, if such 
information is submitted under the provisions of subsection (g), 
confidential basis by private organizations or groups, representing 
labor, industry, agriculture, small business, service industries, con-
sumer interests, and others, of statistics, data, and other trade 
information, as well as policy recommendations, pertinent to the 
negotiation of any trade agreement referred to in section 101 or 102. 
Staff, informa-
tion, personnel, 
services and as-
sistance to ad-
visory committees. 
Procedures for 
consultation. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
1999 
(k) Nothing contained in this section shall be construed to 
authorize or permit any individual to participate directly in any 
negotiation of any trade agreement referred to in section 101 or 102. 
CHAPTER 4—OFFICE OF THE SPECIAL REPRE-
SENTATIVE FOR TRADE NEGOTIATIONS 
SEC. 141. OFFICE OF THE SPECIAL REPRESENTATIVE FOR TRADE 
NEGOTIATIONS. 
(a) There is established within the Executive Office of the Presi- 
fg^usc^2'm"' 
dent the Office of the Special Representative for Trade Negotiations 
(hereinafter in this section referred to as the "Office"). 
(b)(1) The Office shall be headed by the Special Eepresentative J^^l^-^l %''^^"^' 
for Trade Negotiations who shall be appointed by the President, by Trade Negotia-
and with the advice and consent of the Senate, As an exercise of the i^°ns. 
rulemaking power of the Senate, any nomination of the Special liep- 
^^ "^^ ^^^^• 
resentative for Trade Negotiations submitted to the Senate for con-
firmation, and referred to a committee, shall be referred to the 
Committee on P^inance. The Special Representative for Trade Nego-
tiations shall hold office at the pleasure of the President, shall be 
entitled to receive the same allowances as a chief of mission, and shall 
have the rank of Ambassador Extraordinary and Plenipotentiary. 
(2) There shall be in the Office two Deputy Special Representatives 
Deputy special 
for Trade Negotiations who shall be appointed by the President, by for^Trad" Nego-^ 
and with the advice and consent of the Senate. As an exercise of the tiations. 
rulemaking powder of the Senate, any nomination of a Deputy Special 
Representative submitted to the Senate for confirmation, and referi-ed 
to a committee, shall be referred to the Committee on Finance. Eacli 
Deputy Special Representative for Trade Negotiations shall hold 
office at the pleasure of the President and shall have the rank of 
Ambassador. 
(3) (A) Section 5312 of title 5, United States Code, is auiended by 
adding at the end thereof the following new paragraph: 
"(13) Special Representative for Trade Negotiations." 
(B) Section 5314 of such title is amended by adding at the end 
^ use 5314. 
thereof the following new paragraph: 
"(60) Deputy Special Representatives for Trade Negotiations 
(2)." 
(c) (1) The Special Representative for Trade Negotiations shall— 
fg^u'sc'Ti" 
(A) be the chief representative of the United States for each 
trade negotiation under this title or section 301; 
Post, p. 2041. 
(B) report directly to the President and the Congress, and be 
Report to Presi-
responsible to the President and the Congress for the administra- '^''"' ^
"
"
^ congress 
tion of trade agreements programs under this Act, the Trade 
Expansion Act of 1962, and section 350 of the Tariff Act of 1930; J^l \l^5i^^^ 
(C) advise the President and Congress with respect to nontariff 
barriers to international trade, international commodity agree-
ments, and other matters which are related to the trade agree-
ments programs; 
(D) be responsible for making reports to Congress with respect 
^^8^^°"^'^ '° *^°"' 
to the matter set forth in subparagraphs (A) and ( B ) ; 
(E) be chairman of the interagency trade organization estab-
lished pursuant to section 242(a) of the Trade Expansion Act of 
1962; and 
1
9 use 1872. 
(F) be responsible for such other functions as the President 
may direct. 
2000 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
Experts and 
consultants. 
5 u s e 5332 
note. 
Rules and regu-
lations. 
Contracts, 
leases, or cooper-
ative agreements. 
Official seal. 
Consultation 
with Federal 
agencies. 
Appropriation. 
Office of 
Special Represen-
tatives for Trade 
Negotiations, 
abolishment. 
19 u s e 1801 
note. 
Transfer of 
funds. 
(2) Each Deputy Special Representative for Trade Negotiation 
shall have as his principal function the conduct of trade negotiations 
under this Act and shall have such other functions as the Special 
Representative for Trade Negotiations may direct. 
(d) The Special Representative for Trade Negotiations may, for 
the purpose of carrying out his functions under this section— 
(1) subject to the civil service and classification laws, select, 
appoint, employ, and fix the compensation of such officers and 
employees as are necessary and prescribe their authority and 
duties; 
(2) employ experts and consultants in accordance with section 
3109 of title 5, United States Code, and compensate individuals 
so employed for each day (including traveltime) at rates not in 
excess of the maximum rate of pay for grade GS-18 as provided 
in section 5332 of title 5, United States Code, and while such 
experts and consultants are so serving away from their homes or 
regular place of business, to pay such employees travel expenses 
and per diem in lieu of subsistence at rates authorized by section 
5703 of title 5, United States Code, for persons in Government 
service employed intermittently; 
(3) promulgate such rules and regulations as may be necessary 
to carry out the functions vested in him; 
(4) utilize, with their consent, the services, personnel, and facil-
ities of other Federal agencies; 
(5) enter into and perform such contracts, leases, cooperative 
agreements, or other transactions as may be necessary in the 
conduct of the work of the Office and on such terms as the 
Special Representative for Trade Negotiations may deem appro-
priate, with any agency or instrumentality of the United States, 
or with any public or private person, firm, association, corpo-
ration, or institution; 
(6) accept voluntary and uncompensated services, notwithstand-
ing the provisions of section 3679(b) of the Revised Statutes 
(31 U.S.C. 665(b)); and 
(7) adopt an official seal, which shall be judicially noticed. 
(e) The Special Representative for Trade Negotiations shall, to 
the extent he deems it necessary for the proper administration and 
execution of the trade agreements programs of the United States, 
draw upon the resources of, and consult with, Federal agencies in 
connection with the performance of his functions. 
(f) There are authorized to be appropriated to the Office of Spe-
cial Representative for Trade Negotiations such amounts as may 
be necessary for the purpose of carrying out its functions for fiscal 
year 1976 and each fiscal year thereafter any part of which is within 
the 5-year period beginning on the date of the enactment of this Act. 
(g) (1) The Office of Special Representative for Trade Negotiations 
established under Executive Order No. 11075 of January 15, 1963, as 
amended, is abolished. 
(2) The assets, liabilities, contracts, property, and records and 
unexpended balances of appropriations, authorizations, allocations, 
and other funds employed, held, used, arising from, or available to 
such Office arc transferred to the Office of Special Representative for 
Trade Negotiations established under subsection (a) of this section. 
(h) (1) Any individual who holds the position of Special Repre-
sentative for Trade Negotiations or a position as Deputy Special 
Repi'esentative for Trade Negotiations on the day before the date of 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2001 
enactment of this Act and who has been appointed by and with the 
advice and consent of the Senate may continue to hold such position 
without regard to the first sentence of paragraph (1) of subse<jtion 
(b), or the first sentence of paragraph (2) of subsection (b), as the 
case may be. 
(2) All personnel who on the day before the date of the enactment gonn^"^^^'' °^ ^"~ 
of this Act are employed by the Office of the Special Representative 
for Trade Negotiations established by Executive Order No. 11075 
of January 15, 1963, as amended, are hereby transferred to the Office. 
19 use 1801 
note. 
CHAPTER 
5—CONGRESSIONAL PROCEDURES 
WITH RESPECT TO PRESIDENTIAL ACTIONS 
SEC. 151. BILLS LMPLEMENTING TRADE AGREEMENTS ON NONTARIFF 
19 use 2191. 
BARRIERS AND RESOLUTIONS APPROVING 
COMMERCIAL 
AGREEMENTS WITH COMMUNIST COUNTRIES. 
(a) RULES OF HOUSE OF REPRESENTATIVES AND SENATE.—This section 
and sections 152 and 153 are enacted by the Congress— 
(1) as an exercise of the rulemaking power of the House of 
Representatives and the Senate, respectively, and as such they are 
deemed a part of the rules of each House, respectively, but appli-
cable only with respect to the procedure to be followed in that 
House in the case of implementing bills described in subsection 
(b)(1), implementing revenue bills described in subsection 
(b) (2), approval resolutions described in subsection (b) (3), and 
resolutions described in subsections 152(a) and 153(a) ; and they 
supersede other rules only to the extent that they are inconsistent 
therewith; and 
(2) with full recognition of the constitutional right of either 
House to change the rules (so far as relating to the procedure of 
tha,t House) at any time, in the same manner and to the same 
extent as in the case of any other rule of that House. 
(b) DEFINITIONS.—For purposes of this section— 
(1) The term "implementing bill" means only a bill of either 
House of Congress which is introduced as provided in subsection 
(c) with respect to one or more trade agreements submitted to 
the House of Representatives and the Senate under section 102 
and which contains— 
(A) a provision approving such trade agreement or agree-
ments, 
(B) a provision approving the statement of administrative 
action (if any) proposed to implement such trade agreement 
or agreements, and 
(C) if changes in existing laws or new statutory authority 
is required to implement such trade agreement or agreements, 
provisions, necessary or appropriate to implement such trade 
agreement or agreements, either repealing or amending exist-
ing laws or providing new statutory authority. 
(2) The term "implementing revenue bill" means an imple-
menting bill which contains one or more revenue measures by 
reason of which it must originate in the House of Representatives. 
(3) The term "approval resolution" means only a concurrent 
resolution of the two Houses of the Congress, the matter after the 
resolving clause of which is as follows: "That the Congress 
2002 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
approves the extension of nondiscriminatory treatment with 
respect to the products of 
transmitted by the Presi-
dent to the Congress on 
.", the first blank space being 
filled with the name of the country involved and the second blank 
space being filled with the appropriate date. 
(c) INTRODUCTION AND REFERRAL.— 
mlnt'^'' ''^'""'' 
^^^ ^ ^ ^^® ^^y °^ which a trade agreement is submitted to 
Ante, p. 1982. 
thc House of Representatives and the Senate under section 102, 
the implementing bill submitted by the President with respect 
to such trade agreement shall be introduced (by request) in the 
House by the majority leader of the House, for himself and 
the minority leader of the House, or by Members of the House 
designated by the majority leader and minority leader of the 
House; and shall be introduced (by request) in the Senate by 
the majority leader of the Senate, for himself and the minority 
leader of the Senate, or by Members of the Senate designated 
by the majority leader and minority leader of the Senate. If 
either House is not in session on the day on which such a trade 
agreement is submitted, the implementing bill shall be introduced 
in that House, as provided in the preceding sentence, on the first 
day thereafter on which that House is in session. Such bills shall 
be referred by the Presiding Officers of the respective Houses to 
the appropriate committee, or, in the case of a bill containing 
provisions within the jurisdiction of two or more committees, 
jointly to such committees for consideration of those provisions 
within their respective jurisdictions. 
Bilateral com- 
^2) Ou tlic day ou which a bilateral commercial agreement, 
ment. 
entered into under title IV of this Act after the date of the 
Post, p. 2056. 
enactment of this Act, is transmitted to the House of Representa-
tives and the Senate, an approval resolution with respect to such 
agreement shall be introduced (by request) in the House by the 
majority leader of the House, for himself and the minority leader 
of the House, or by Members of the House designated by the 
majority leader and minority leader of the House; and shall be 
introduced (by request) in the Senate by the majority leader of 
the Senate, for himself and the minority leader of the Senate, or 
by Members of the Senate designated by the majority leader and 
minority leader of the Senate. If either House is not in session on 
the day on which such an agreement is transmitted, the approval 
resolution with respect to such agreement shall be introduced in 
that House, as provided in the preceding sentence, on the first 
day thereafter on which that House is in session. The approval 
resolution introduced in the House shall be referred to the Com-
mittee on Ways and Means and the approval resolution introduced 
in the Senate shall be referred to the Committee on Finance. 
(d) AMENDMENTS PROHIBITED.—No amendment to an implementing 
bill or approval resolution shall be in order in either the House of 
Representatives or the Senate; and no motion to suspend the applica-
tion of this subsection shall be in order in either House, nor shall it 
be in order in either House for the Presiding Officer to entertain a 
request to suspend the application of this subsection by unanimous 
consent. 
(e) PERIOD FOR COMMII^TEE AND FLOOR CONSIDERATION.— 
(1) Except as provided in paragraph (2), if the committee or 
committees of either House to which an implementing bill or 
approv9,l resolution has been referred have not reported it at the 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2003 
close of the 45th day after its introduction, such committee or 
committees shall be automatically discharged from further con-
sideration of the bill or resolution and it shall be placed on the 
appropriate calendar. A vote on final passage of the bill or reso-
lution shall be taken in each House on or before the close of the 
15th day after the bill or resolution is reported by the committee 
or committees of that House to which it was referred, or after 
such committee or committees have been discharged from further 
consideration of the bill or resolution. If prior to the passage by 
one House of an implementing bill or approval resolution of that 
House, that House receives the same implementing bill or approval 
resolution from the other House, then— 
(A) the procedure in that House shall be the same as if no 
implementing bill or approval resolution had been received 
from the other House; but 
(B) the vote on final passage shall be on the implementing 
bill or approval resolution of the other House. 
(2) The provisions of paragraph (1) shall not apply in the rev'^nueTnis"^ 
Senate to an implementing revenue bill. An implementing reve-
nue bill received from the House shall be referred to the appro-
priate committee or committees of the Senate. If such committee 
or committees have not reported such bill at the close of the 15th 
day after its receipt by the Senate (or, if later, before the close of 
the 45th day after the corresponding implementing revenue bill 
was introduced in the Senate), such committee or committees 
shall be automatically discharged from further consideration of 
such bill and it shall be placed on the calendar. A vote on final 
passage of such bill shall be taken in the Senate on or befoi-e the 
close of the 15th day after such bill is reported by the committee 
or committees of the Senate to which it was referred, or after such 
committee or committees have been discharged from further 
consideration of such bill. 
(3) For purposes of paragraphs (1) and (2), in computing a 
number of days in either House, there shall be excluded any day 
on which that House is not in session. 
(f) 
Fix)OR CONSIDERATION I N THE H O U S E . — 
(1) A motion in the House of Representatives to proceed to 
the consideration of an implementing bill or approval resolution 
shall be highly privileged and not debatable. An amendment to 
the motion shall not be in order, nor shall it be in order to move 
to reconsider the vote by which the motion is agreed to or 
disagreed to. 
(2) Debate in the House of Representatives on an implement-
ing bill or approval resolution shall be limited to not more than 
20 hours, which shall be divided equally between those favoring 
and those opposing the bill or resolution. A motion further to 
limit debate shall not be debatable. It shall not be in order to 
move to recommit an implementing bill or approval resolution 
or to move to reconsider the vote by which an implementing bill 
or approval resolution is agreed to or disagreed to. 
(3) Motions to postpone, made in the House of Representa-
tives with respect to the consideration of an implementing bill 
or approval resolution, and motions to proceed to the considera-
tion of other business, shall be decided without debate. 
(4) All appeals from the decisions of the Chair relating to the 
application of the Rules of the House of Representatives to the 
2004 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
procedure relating to an implementing bill or approval resolution 
shall be decided without debate. 
(5) Except to the extent specifically provided in the preceding 
provisions of this subsection, consideration of an implementing 
bill or approval resolution shall be governed by the Rules of the 
House of Representatives applicable to other bills and resolutions 
in similar circumstances, 
(g) FLOOR CONSIDERATION IN THE SENATE.—• 
(1) A motion in the Senate to proceed to the consideration of 
an implementing bill or approval resolution shall be privileged 
and not debatable. An amendment to the motion shall not be in 
order, nor shall it be in order to move to reconsider the vote by 
which the motion is agreed to or disagreed to. 
(2) Debate in the Senate on an implementing bill or approval 
resolution, and all debatable motions and appeals in connection 
therewith, shall be limited to not more than 20 hours. The time 
shall be equally divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
(3) Debate in the Senate on any debatable motion or appeal in 
connection with an implementing bill or approval resolution shall 
be limited to not more than 1 hour, to be equally divided between, 
and controlled by, the mover and the manager of the bill or reso-
lution, except that in the event the manager of the bill or resolu-
tion is in favor of any such motion or appeal, the time in 
opposition thereto, shall be controlled by the minority leader or 
his designee. Such leaders, or either of them, may, from time under 
their control on the passage of an implementing bill or approval 
resolution, allot additional time to any Senator during the con-
sideration of any debatable motion or appeal. 
(4) A motion in the Senate to further Ihnit debate is not debat-
able. A motion to recommit an implementing bill or approval 
resolution is not in order. 
19 use 2192. 
SEC, 152. RESOLUTIONS DISAPPROVING CERTAIN ACTIONS. 
(a) 
CONTENTS or RESOLUTIONS.— 
"Resolution." 
^;j^^ Yov purposcs of this section, the term "resolution" means 
only— 
(A) a concurrent resolution of the two Houses of the Con-
gress, the matter after the resolving clause of which is as 
follows: "That the Congress does not approve 
trans-
mitted to the Congress on 
.", the first blank space 
being filled in accordance with paragraph (2) and the second 
blank space being filled with the appropriate date; and 
(B) a resolution of either House of the Congress, the mat-
ter after the resolving clause of which is as follows: "That 
the 
does not approve 
transmitted to the 
Congress on 
."', with the first blank space being filled 
with the name of the resolving House, the second blank space 
being filled in accordance with paragraph (3), and the third 
blank space being filled with the appropriate date. 
(2) The first blank space referred to in paragraph (1) (A) 
shall be filled as follows: 
Post, p. 2015. 
^^) ijj ^i^g Q^gQ^ fyf Q
^ resolution referred to in section 203 (c), 
with the phrase "the action taken by, or the determination of, 
the President under section 203 of the Trade Act of 1974"; 
and 
19 u s e 1303. 
Post, 
p. 2063. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2005 
(B) in the case of a resolution referred to in section 302(b), 
''°^*' P- ^O^^. 
with the phrase "the action taken by the President under 
section 301 of the Trade Act of 1974". 
Post, p. 2041. 
(3) The second blank space referred to in paragraph (1) (B) 
shall be filled as follows: 
(A) in the case of a resolution referred to in section 303 (e) 
of the Tariff Act of 1930, with the phrase "the determina-
tion of the Secretary of the Treasury under section 303(d) 
of the Tariff Act of 1930"; 
(B) in the case of a resolution referred to in section 407 
(c) (2), with the phrase "the extension of nondiscriminatory 
treatment with respect to the products of 
" (with 
this blank space being filled with the name of the country 
involved) ; and 
(C) in the case of a resolution referred to in section 
407(c) (3), with the phrase "the report of the President sub-
mitted under section 
of the Trade Act of 1974 with 
respect to 
—" (with the first blank space being filled 
with "402(b)" or "409(b)", as appropriate, and the second 
blank space being filled with the name of the country 
involved). 
(b) 
REFERENCE TO COMMITTEES.—All resolutions introduced in 
the House of Representatives shall be referred to the Committee on 
Ways and Means and all resolutions introduced in the Senate shall 
be referred to the Committee on Finance. 
(c) 
DISCHARGE or COMMITTEES.— 
(1) If the committee of either House to which a resolution has 
been referred has not reported it at the end of 30 days after its 
introduction, not counting any day which is excluded under sec-
tion 153(b), it is in order to move either to discharge the com-
mittee from further consideration of the resolution or to discharge 
the committee from further consideration of any other resolution 
introduced with respect to the same matter, except no motion 
to discharge shall be in order after the committee has reported a 
resolution with respect to the same matter. 
(2) A motion to discharge under paragraph (1) may be made 
only by an individual favoring the resolution, and is highly 
privileged in the House and privileged in the Senate; and debate 
thereon shall be limited to not more than 1 hour, the time to be 
divided in the House equally between those favoring and those 
opposing the resolution, and to be divided in the Senate equally 
between, and controlled by, the majority leader and the minority 
leader or their designees. An amendment to the motion is not 
in order, and it is not in order to move to reconsider the vote by 
which the motion is agreed to or disagreed to. 
(d) 
FLOOR CONSIDERATION IN THE HOUSE.— 
(1) A motion in the House of Representatives to proceed to 
the consideration of a resolution shall be highly privileged and 
not debatable. An amendment to the motion shall not be in order, 
nor shall it be in order to move to reconsider the vote by which 
the motion is agreed to or disagreed to. 
(2) Debate in the House of Representatives on a resolution 
shall be limited to not more than 20 hours, which shall be divided 
equally between those favoring and those opposing the resolu-
tion. A motion further to limit debate shall not be debatable. No 
38-194 O - 76 -44 Pt. 2 
2006 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
amendment to, or motion to recommit, the resolution shall be in 
order. It shall not be in order to move to reconsider the vote 
by which a resolution is agreed to or disagreed to. 
(3) Motions to postpone, made in the House of Representatives 
with respect to the consideration of a resolution, and motions to 
proceed to the consideration of other business, shall be decided 
without debate. 
(4) All appeals from the decisions of the Chair relating to 
the application of the Rules of the House of Representatives to 
the procedure relating to a resolution shall be decided without 
debate. 
(5) Except to the extent specifically provided in the preceding 
provisions of this subsection, consideration of a resolution in the 
House of Representatives shall be governed by the Rules of the 
House of Representatives applicable to other resolutions in similar 
circumstances. 
(e) Fi^OR CONSIDERATION IN TIIE SENATE.— 
(1) A motion in the Senate to proceed to the consideration of a 
resolution shall be privileged. An amendment to the motion shall 
not be in order, nor shall it be in order to move to reconsider the 
vote by which the motion is agreed to or disagreed to. 
(2) Debate in the Senate on a resolution, and all debatable 
motions and appeals in connection therewith, shall be limited to 
not more than 20 hours, to be equally divided between, and con-
trolled by, the majority leader and the minority leader or their 
designees. 
(3) Debate in the Senate on any debatable motion or appeal in 
connection with a resolution shall be limited to not more than 1 
hour, to be equally divided between, and controlled by, the mover 
and the manager of the resolution, except that in the event the 
manager of the resolution is in favor of any such motion or appeal, 
the time in opposition thereto, shall be controlled by the minority 
leader or his designee. Such leaders, or either of them, may, from 
time under their control on the passage of a resolution, allot addi-
tional time to any Senator during the consideration of any debat-
able motion or appeal. 
(4) A motion in the Senate to further limit debate on a 
resolution, debatable motion, or appeal is not debatable. No amend-
ment to, or motion to recommit, a resolution is in order in the 
Senate. 
(f) SPECIAL RUT^E FOR CONCURRENT RESOLUTIONS.—In the case of a 
resolution described in subsection (a) (1), if prior to the passage by one 
House of a resolution of that House, that House receives a resolution 
with respect to the same matter from the other House, then— 
(1) the procedure in that House shall be the same as if no reso-
lution had been received from the other House; but 
(2) the vote on final passage shall be on the resolution of the 
other House. 
19 use 2193. 
SEC. 153. RESOLUTIONS RELATING TO EXTENSION OF WAIVER 
AUTHORITY UNDER SECTION 402. 
(a) CONTENTS OF RESOLUTIONS.—For purposes of this section, the 
"Resolution." ^crm "resolutiou" means only— 
(1) a concurrent resolution of the two Houses of the Congress, 
the matter after the resolving clause of which is as follows: 
"That the Congress approves the extension of the authority con-
post, p. 2056. 
tained in section 402(c) (1) of the Trade Act of 1974 recommended 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2007 
by the President to the Congress on 
, except with respect 
to 
.", with the first blank space being filled with the 
appropriate date and the second blank space being- filled with 
the names of those countries, if any, with respect to which such 
extension of authority is not approved, and with the except 
clause being omitted if there is no such country^; and 
(2) a resolution of either House of the Congress, the matter 
after the resolving clause of which is as follows: "That the 
does not approve the extension of the authority contained 
in section 402(c) of the Trade Act of 1974 recommended by the 
^°s^ P- 2056. 
President to the Congress on 
with respect to 
—.", 
with the first blank space being filled with the name of the resolv-
ing House, the second blank space being filled with the appropri-
ate date, and the third blank space being filled with the names 
of those countries, if any, with respect to which such extension 
of authority is not approved, and with the with-respect-to clause 
being omitted if the extension of the authority is not approved 
with respect to any country. 
(b) 
APPLICATION or RULES OF SECTION 152; 
EXCEPTIONS.— 
(1) Except as provided in this section, the provisions of sec-
tion 152 shall apply to resolutions described in subsection (a). 
(2) In applying section 152(c)(1), all calendar days shall 
be counted, and, in the case of a resolution related to section 
402(d)(4), 20 calendar days shall be substituted for 30 days. 
(3) That part of section 152(d) (2) which provides that no 
amendment is in order shall not apply to any amendment to a 
resolution which is limited to striking out or inserting the names 
of one or more countries or to striking out or inserting an except 
clause, in the case of a resolution described in subsection (a) (1), 
or a with-respect-to clause, in the case of a resolution described 
in subsection (a) (2). Debate in the House of Representatives on 
any amendment to a resolution shall be limited to not more than 
1 hour which shall be equally divided between those favoring and 
those opposing the amendment. A motion in the House to further 
limit debate on an amendment to a resolution is not debatable. 
(4) That part of section 152(e)(4) which provides that no 
amendment is in order shall not apply to any amendment to a 
resolution which is limited to striking out or inserting the names 
of one or more countries or to striking out or inserting an 
except clause, in the case of a resolution described in subsection 
(a)(1), or a with-respect-to clause, in the case of a resolution 
described in subsection (a)(2). The time limit on a debate on 
a resolution in the Senate under section 152(e) (2) shall include 
all amendments to a resolution. Debate in the Senate on any 
amendment to a resolution shall be limited to not more than 1 
hour, to be equally divided between, and controlled by, the mover 
and the manager of the resolution, except that in the event the 
manager of the resolution is in favor of any such amendment, 
the time in opposition thereto shall be controlled by the minority 
leader or his designee. The majority leader and minority leader 
may, from time under their control on the passage of a resolution, 
allot additional time to any Senator during the consideration of 
any amendment. A motion in the Senate to further limit debate 
on an amendment to a resolution is not debatable. 
(c) CONSIDEEATION OF S E C O N D RESOLUTION NoT IN ORDER. 
I t s h a l l 
not be in order in either the House of Representatives or the Senate 
2008 
PUBLIC LAW 93-618-JAN. 3, 1975 
[SB STAT. 
to consider a resolution with respect to a recommendation of the Presi-
Post, p. 2056. (Jent under section 402(d) (other than a resolution described in sub-
section (a)(1) received irom the other House), if that House has 
adopted a resolution with respect to the same recommendation. 
19 use 2194. 
SEC. 154. SPECIAL RULES RELATING TO CONGRESSIONAL PROCE-
DURES. 
(a) Whenever, pursuant to section 102(e), 203(b), 302(a), 402(d), 
ptT'P'201^5' 
o^ ^'^ (^) ^^ (b)' ^^ section 303(e) of the Tariff Act of 1930, a docu-
2043' 2063, 2049. mcut is required to be transmitted to the Congress, copies of such 
document shall be delivered to both Houses of Congress on the same 
day and shall be deliver-ed to the Clerk of the House of Representatives 
if the House is not in session and to the Secretary of the Senate if the 
Senate is not in session. 
(b) For purposes of sections 203(c), 302(b), 407(c)(2), and 407 
(c) (3), the 90-day period referred to in such sections shall be com-
puted by excluding— 
(1) the days on which either House is not in session because of 
an adjournment of more than 3 days to a day certain or an adjourn-
ment of the Congress sine die, and 
(2) any Saturday and Sunday, not excluded under paragraph 
(1), when either House is not in session. 
CHAPTER 6—CONGRESSIONAL LIAISON 
AND REPORTS 
1
9 use 2211. 
SEC. 161. CONGRESSIONAL DELEGATES TO NEGOTIATIONS. 
(a) At the beginning of each regular session of Congress, the Speaker 
of the House of Representatives, upon the recommendation of the 
chairman of the Committee on Ways and Means, shall select five mem-
bers (not more than three of whom are members of the same political 
party) of such committee, and the President pro tempore of the Senate, 
upon the recommendation of the chairman of the Committee on 
Finance, shall select five members (not more than three of whom are 
members of the same political party) of such committee, who shall be 
accredited by the President as official advisers to the United States 
delegations to international conferences, meetings, and negotiation 
sessions relating to trade agreements. 
(b) (1) The Special Representative for Trade Negotiation shall keep 
each official adviser currently informed on United States negotiating 
objectives, the status of negotiations in progress, and the nature of 
any changes in domestic law or the administration thereof which may 
be recommended to Congress to carry out any trade agreement. 
(2) The chairmen of the Committee on Ways and Means and the 
Committee on Finance may designate members (in addition to the 
official advisors under subsection (a)) and staff members of their 
respective committees who shall have access to the information pro-
vided to official advisers under paragraph (1). 
19 use 2212. 
SEC. 162. TRANSMISSION OF AGREEMENTS TO CONGRESS. 
(a) As soon as practicable after a trade agreement entered into 
under chapter 1 or section 123 or 124 has entered into force with 
respect to the United States, the President shall, if he has not previ-
ously done so, transmit a copy of such trade agreement to each House 
of tiie Congress together with a statement, in the light of the advice 
of the International Trade Commission under section 131(b), if any, 
'Member." 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2009 
and of other relevant considerations, of his reasons for entering into 
the agreement. 
(b) The President shall transmit to each Member of the Congress ^^^^^"^^^^^ "^'"' 
a summary of the information required to be transmitted to each 
House under subsection (a). For purposes of this subsection, the 
term "Member" includes any Delegate or Resident Commissioner. 
SEC. 163. REPORTS. 
i9 use 2213. 
(a) The President shall submit to the Congress an annual report 
^^\l^cTn'rlss' 
on the trade agreements program and on import relief and adjustment ''°'^* ° °"2''^^^-
assistance for workers, firms, and communities under this Act. Such 
report shall include information regarding new negotiations; changes 
made in duties and nontariff barriers and other distortions of trade 
of the United States; reciprocal concessions obtained; changes in 
trade agreements (including the incorporation therein of actions taken 
for import relief and compensation provided therefor); extension 
or withdrawal of nondiscriminatory treatment by the United States 
with respect to the products of a foreign country; extension, modifi-
cation, withdrawal, suspension, or limitation of preferential treatment 
to exports of developing countries; the results of action taken to 
obtain removal of foreign trade restrictions (including discriminatory 
restrictions) against United States exports and the removal of foreign 
practices which discriminate against United States service industries 
(including transportation and tourism) and investment; and the 
measures being taken to seek the removal of other significant foreign 
import restrictions; and other information relating to the trade agree-
ments program and to the agreements entered into thereunder. Such 
report shall also include information regarding the number of appli-
cations filed for adjustment assistance for workers, firms, and commu-
nities, the number of such applications which were approved, and 
the extent to which adjustment assistance has been provided under 
such approved applications. 
(b) The International Trade Commission shall submit to the Con- ^^"^^ report to 
gress, at least once a year, a factual report on the operation of the 
trade agreements program. 
Congress. 
CHAPTER 7—UNITED STATES INTERNATIONAL 
TRADE COMMISSION 
SEC. 171. CHANGE OF NAME OF TARIFF COMMISSION. 
1
9 use 2231. 
(a) The United States Tariff Commission (established by section 
330 of the Tariff Act of 1930) is renamed as the United States Inter- 
19 use 1330. 
national Trade Commission. 
(b) Any reference in any law of the United States, or in any order, 
rule, regulation, or other document, to the United States Tariff Com-
mission (or the Tariff Commission) shall be considered to refer to 
the United States International Trade Commission. 
SEC. 172. ORGANIZATION OF THE COMMISSION. 
(a) Subsections (a) and (b) of section 330 of the Tariff Act of 
1930 (19 U.S.C. 1330) are amended to read as follows: 
"(a) MEMBERSHIP.—^The United States International Trade Com-
mission (referred to in this title as the "Commission'-) shall be com-
posed of six commissioners who shall be appointed by the President, 
by and with the advice and consent of the Senate. No person shall be 
eligible for appointment as a commissioner unless he is a citizen of 
the United States, and, in the judgment of the President, is possessed 
20X0 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
of qualifications requisite for developing expert knowledge of inter-
national trade problems and efficiency in administering the duties 
and functions of the Commission. A person who has served "as a 
commissioner for more than 5 years (excluding service as a commis-
sioner before the date of the enactment of the Trade Act of 1974) 
shall not be eligible for reappointment as a commissioner. Not more 
than three of the commissioners shall be members of the same political 
party, and in making appointments members of different political 
parties shall be appointed alternately as nearly as may be practicable. 
"(b) TERMS OF OFFICE.—The terms of office of the commissioners 
holding office on the date of the enactment of the Trade Act of 1974 
which (but for this sentence) would expire on June 16,1975, June 16, 
1976, June 16, 1977, June 16, 1978, June 16, 1979, and June 16, 1980, 
shall expire on December 16, 1976, June 16, 1978, December 16, 1979, 
June 16, 1981, December 16, 1982, and June 16, 1984, respectively. 
The term of office of each commissioner appointed after such date 
shall expire 9 years from the date of the expiration of the term for 
which his predecessor was appointed, except that any commissioner 
appointed to fill a vacancy occurring prior to the expiration of the 
term for which his predecessor was appointed shall be appointed for 
the remainder of such term." 
(b) Subsection (c) of such section is amended— 
(1) by striking out "The" in the first sentence and inserting 
in lieu thereof "(1) Except as provided in paragraph (2), the"; 
and 
(2) by adding at the end thereof the following new paragraph: 
"(2) Effective on and after June 17, 1975, the commissioner whose 
term is first to expire and who has at least 18 months remaining in his 
term shall serve as chairman during the last 18 months of his term (or, 
in the case of a commissioner appointed to fill a vacancy occurring 
during such 18-month pei-iod, during the remainder of his term), and 
the commissioner whose term is second to expire and who has at least 
36 months remaining in his term shall serve as vice chairman during 
the same 18-month period (or, in the case of a commissioner appointed 
to fill a vacancy occurring during such 18-month period, during the 
remainder of such 18-month period)." 
(c) (1) Section 5314 of title 5, United States Code, is amended by 
adding at the end thereof the following new paragraph: 
"(61) Chairman, United States International Trade Com-
mission." 
5 use 5315. 
^2) Section 5315 of such title is amended by striking out paragraph 
(24) and inserting in lieu thereof the following: 
"(24) Members, United States International Trade Com-
mission." 
5 use 5316. 
(3) Section* 5316 of such title is amended by striking out para-
graph (93). 
SEC. 173. VOTING RECORD OF COMMISSIONERS. 
19 use 1332. 
Section 332(g) of the Tariff Act of 1930 (31 U.S.C. 1332(g)) is 
amended— 
(1) by striking out "and" before "a summary", and 
(2) by inserting before the period at the end ", and a list of all 
votes taken by the commission during the year, showing those 
commissioners voting in the affirmative and the negative on each 
vote and those commissioners not voting on each vote and the 
reasons for not voting". 
88 STAT. ] 
PUBLIC LAW 93-618--JAN. 3, 1975 
:2011 
SEC. 174. REPRESENTATION IN COURT PROCEEDINGS. 
Section 333(c) of the Tariff Act of 1930 (19 U.S.C. 1333(c)) is 
amended— 
(1) by striking out "Upon application of the Attorney Gen-
eral of the United States, at'' in subsection (c) and inserting in 
lieu thereof "At", and 
(2) by adding at the end thereof the following new subsection: 
"(g) REPRESENTATION IN COURT PROCEEDINGS.—The Commission 
shall be represented in all judicial proceedings by attorneys who are 
employees of the commission or, at the request of the commission, by 
the Attorney General of the United States." 
SEC. 175. INDEPENDENT 
BUDGET AND AUTHORIZATION OF APPRO-
PRIATIONS. 
(a)(1) Eifective with respect to the fiscal year beginning Octo- pendltur^'es^tnd" 
bei' 1, 1976, for purposes of the Budget and Accounting Act, 1921 (31 proposed appropri-
U.S.C. 1 et seq.), estimated expenditures and proposed appropria- faJ°o^pre''s'ide'nt 
tions for the United States International Trade Commission shall be 
1
9 use 2232. 
transmitted to the President on or before October 15 of the year 
preceding the beginning of each fiscal year and shall be included by 
him in tlie Budget Avithout revision, and the Commission shall not 
be considered to be a department or establishment for purposes of 
such Act. 
(2) Section 3679 of the Revised Statutes (31 U.S.C. 665) is amended 
by inserting "the United States International Trade Commission," 
before ", or the District of Columbia" each place it appears in sub-
sections (d) and (g). 
(b) Section 330 of the Tariff Act of 1930 (19 U.S.C. 1330) is 
amended by adding at the end thereof the following new subsection: 
"(e) AUTHORIZATION OF APPROPRIATIONS.—For the fiscal year begin-
ning October 1, 1976, and each fiscal year thereafter, there are author-
ized to be appropriated to the Commission only such sums as may 
hereafter be provided by law.". 
(c) (1) Paragraph (2) is enacted as an exercise of the rulemaking 
power of the Senate and with full I'ecognition of the constitutional 
right of the Senate to change its rules at any time. 
(2) Paragraph 6(a) of rule XVI of the Standing Rules of the 
Senate is amended by adding at the end of the table contained therein 
the following: 
"Committee on Finance 
For the International Trade Commission.". 
TITLE II—RELIEF FROM INJURY CAUSED 
BY IMPORT COMPETITION 
CHAPTER 1—IMPORT RELIEF 
SEC. 201. INVESTIGATION BY INTERNATIONAL TRADE COMMISSION. 
^^ use 2251. 
(a) (1) A petition for eligibility for import relief for the purpose ti(^'w'ifh°iTc^''' 
of facilitating orderly adjustment to import competition may be filed 
with the International Trade Commission (hereinafter in this chapter 
referred to as the "Commission") by an entity, including a trade asso-
ciation, firm, certified or recognized union, or group of workers, which 
is representative of an industry. The petition shall include a statement 
describing the specific purposes for which import relief is being sought, 
which may include such objectives as facilitating the orderly transfer 
2012 
PUBLIC LAW 93-618-jAN. 3, 1975 
[88 
STAT. 
Investigation. 
Economic 
factors. 
"Substantial 
of resources to alternative uses and other means of adjustment to new 
conditions of competition. 
(2) Whenever a petition is filed under this subsection, the Commis-
sion shall transmit a copy thereof to the Special Representative for 
Trade Negotiations and the agencies directly concerned. 
(b) (1) Upon the request of the President or the Special Representa-
tive for Trade Negotiations, upon resolution of either the Committee 
on Ways and Means of the House of Representatives or the Committee 
on Finance of the Senate, upon its own motion, or upon the filing of a 
petition under subsection (a) (1), the Commission shall promptly make 
an investigation to determine whether an article is being imported into 
the United States in such increased quantities as to be a substantial 
cause of serious injury, or the threat thereof, to the domestic industry 
producing an article like or directly competitive with the imported 
article. 
(2) In making its determinations under paragraph (1), the Com-
mission shall take into account all economic factors which it considers 
relevant, including (but not limited to)— 
(A) with respect to serious injury, the significant idling of 
productive facilities in the industry, the inability of a significant 
number of firms to operate at a reasonable level of profit, and sig-
nificant unemployment or underemployment within the industry; 
(B) with respect to threat of serious injury, a decline in sales, 
a higher and growing inventory, and a downward trend in pro-
duction, profits, wages, or employment (or increasing underem-
ployment) in the domestic industry concerned; and 
(C) with respect to substantial cause, an increase in imports 
(either actual or relative to domestic production) and a decline in 
the proportion of the domestic market supplied by domestic 
producers. 
(3) For purposes of paragraph (1), in determining the domestic 
industry producing an article like or directly competitive with an 
imported article, the Commission— 
(A) may, in the case of a domestic producer which also imports, 
treat as part of such domestic industry only its domestic 
production, 
(B) may, in the case of a domestic producer which produces 
more than one article, treat as part of such domestic industry only 
that portion or subdivision of the producer which produces the 
like or directly competitive article, and 
(C) may, in the case of one or more domestic producers, who 
produce a like or directly competitive article in a major geo-
graphic area of the United States and whose production facilities 
in such area for such article constitute a substantial portion of the 
domestic industry in the United States and primarily serve the 
market in such area, and where the imports are concentrated in 
such area, treat as such domestic industry only that segment of 
the production located in such area. 
(4) For purposes of this section, the term "substantial cause" means 
a cause which is important and not less than any other cause. 
(5) In the course of any proceeding under this subsection, the Com-
mission shall, for the purpose of assisting the President in making his 
determinations under sections 202 and 203, investigate and report 
on efforts made by firms and workers in the industry to compete more 
effectively with imports. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2013 
Increased im-
ports. 
19 use 160-171. 
19 use 1303, 
(6) In the course of any proceeding under this subsection, the Com-
misision shall investigate any factors which in its judgment may be 
contributing to increased imports of the article uij.der investigation; 
and, whenever in the course of its investigation the Commission has 
reason to believe that the increased imports are attributable in part 
to circumstances which come within the purview of the Antidumping 
Act, 1921, section 303 or 337 of the Tariff Act of 1930, or other remedial 
provisions of law, the Commission shall promptly notify the appro- 1337. 
priate agency so that such action may be taken as is otherwise author- 
Notification. 
ized by such provisions of law. 
(c) In the course of any proceeding under subsection (b), the Com- 
Hearings. 
mission shall, after reasonable notice, hold public hearings and shall 
afford interested parties an opportunity to be present, to present evi-
dence, and to be heard at such hearings. 
(d) (1) The Commission shall report to the President its 
findings 
Report to Presi-
under subsection (b), and the basis therefor and shall include in each 
report any dissenting or separate views. If the Commission finds with 
respect to any article, as a result of its investigation, the serious injury 
or threat thereof described in subsection (b), it shall— 
(A) find the amount of the increase in, or imposition of, any 
duty or import restriction on such article which is necessary to 
prevent or remedy such injury, or 
(B) if it determines that adjustment assistance under chapters 
2, 3, and 4 can effectively remedy such injury, recommend the pro-
vision of such assistance, 
and shall include such findings or recommendation in its report to the 
President. The Commission shall furnish to the President a transcript ^ Transcript o
f 
„ 
1 
1 
. 
J 
u • i! 
I,- T. 
U 
-j-x J 
• 
J.- 
hearings and briefs, 
of the hearings and any brieis which were submitted m connection transmittal to 
with each investigation. 
President. 
(2) The report of the Commission of its determination under sub-
section (b) shall be made at the earliest practicable time, but not later 
than 6 months after the date on which the petition is filed (or the date 
on which the request or resolution is received or the motion is adopted, 
as the case may be). Upon making such report to the President, the 
Commission shall also promptly make public such report (with the 
exception of information which the Commission determines to be con-
fidential) 
and shall cause a summary thereof to be published in the 
Publication in 
Federal Eegister. 
^"''"^' Register. 
(e) Except for good cause determined by the Commission to exist, 
no investigation for the purposes of this section shall be made with 
respect to the same subject matter as a previous investigation under 
this section, unless 1 year has elapsed since the Commission made its 
report to the President of the results of such previous investigation. 
(f) (1) Any investigation by the Commission under section 301(b) 
investigations, 
of the Trade Expansion Act of 1962 (as in effect before the date of ""* 
~" 
the enactment of this Act) which is in progress immediately before 
such date of enactment shall be continued under this section in the 
same manner as if the investigation had been instituted originally 
under the provisions of this section. For purposes of subsection (d) 
(2), the petition for any investigation to which the preceding sentence 
applies shall be treated as having been filed, or the request or resolu-
tion as having been received or the motion having been adopted, as 
the case may be, on the date of the enactment of this Act. 
(2) If, on the date of the enactment of this Act, the President has 
not taken any action with respect to any report of the Commission 
containing an affirmative determination resulting from an investiga-
contlnuatlon. 
19 use 1901. 
2014 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
19 u s e 1901. 
19 u s e 2252. 
Ante, 
pp. 1986, 
1994, 1999. 
19 u s e 1330. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
Additional con-
siderations. 
tion under section 301(b) of the Trade Expansion Act of 1962 (as in 
effect before the date of the enactment of this Act), such report shall 
be treated by the President as a report received by him under this 
section on the date of the enactment of this Act. 
SEC. 202, PRESIDENTIAL ACTION AFTER INVESTIGATIONS. 
(a) After receiving a report from the Commission containing an 
affirmative finding under section 201(b) that increased imports have 
been a substantial cause of serious injury or the threat thereof with 
respect to an industry, the President— 
(1) (A) shall provide import relief for such industry pursuant 
to section 203, unless he determines that provision of such relief 
is not in the national economic interest of the United States, and 
(B) shall evaluate the extent to which adjustment assistance 
has been made available (or can be made available) under 
chapters 2, 3, and 4 of this title to the workers and firms in such 
industry and to the communities in which such workers and firms 
are located, and, after such evaluation, may direct the Secretary 
of Labor and the Secretary of Commerce that expeditious con-
sideration be given to the petitions for adjustment assistance; or 
(2) if the Commission, under section 201(d), recommends the 
provision of adjustment assistance, shall direct the Secretaries of 
Labor and Commerce as described in paragraph (1) (B). 
(b) Within 60 days (30 days in the case of a supplemental report 
under subsection (d)) after receiving a report from the Commission 
containing an affirmative finding under section 201(b) (or a finding 
under section 201(b) which he considers to be an affirmative finding, 
by reason of section 330(d) of the Tariff Act of 1930, within such 
60-day (or 30-day) period), the President shall— 
(1) determine what method and amount of import relief he 
will provide, or determine that the provision of such relief is not 
in the national economic interest of the United States, and whether 
he will direct expeditious consideration of adjustment assistance 
petitions, and publish in the Federal Register that, he has made 
such determination; or 
(2) if such report recommends the provision of adjustment 
assistance, publish in the Federal Register his order to the Secre-
tary of Labor and Secretary of Commerce for expeditious con-
sideration of petitions. 
(c) In determining whether to provide import relief and what 
method and amount of import relief he will provide pursuant to sec-
tion 203, the President shall take into account, in addition to such 
other considerations as he may deem relevant— 
(1) information and advice from the Secretary of Labor on 
the extent to which workers in the industry have applied for, are 
receiving, or are likely to receive adjustment assistance under 
chapter 2 or benefits from other manpower programs; 
(2) information and advice from the Secretary of Commerce 
on the extent to which firms in the industry have applied for, are 
receiving, or are likely to receive adjustment assistance under 
chapters 3 and 4; 
(3) the probable effectiveness of import relief as a means to 
promote adjustment, the efforts being made or to be implemented 
by the industry concerned to adjust to import competition, and 
other considerations relative to the position of the industry in the 
Nation's economy; 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2015 
(4) the effect of impoit relief on consumers (including the 
price and availability of the imported article and the like or 
directly competitive article produced in the United States) and 
on competition in the domestic markets for such articles; 
(5) the effect of import relief on the international economic 
interests of the United States; 
(6) the impact on United States industries and firms as a 
consequence of any possible modification of duties or other import 
restrictions which may result from international obligations with 
respect to compensation; 
(7) the geographic concentration of imported products mar-
keted in the United States; 
(8) the extent to which the United States market is the focal 
point for exports of such article by reason of restraints on exports 
of such article to, or on imports of such article into, third country 
markets; and 
(9) the economic and social costs which would be incurred by 
taxpayers, communities, and workers, if import relief were or 
were not provided. 
(d) The President may, within 15 days after the date on which difionarinfo°rml-' 
he receives an affirmative finding of the Commission under section tion. 
201(b) with respect to an industry, request additional information 
from the Commission. The Commission shall, as soon as practicable 
but in no event more than 30 days after the date on which it receives 
the President's request, furnish additional information with respect 
to such industry in a supplemental report. 
SEC. 203. IMPORT RELIEF. 
19 use 2253. 
(a) If the President determines to provide import relief under sec-
tion 202(a) (1), he shall, to the extent that and for such time (not to 
exceed 5 years) as he determines necessary taking into account the 
considerations specified in section 202(c) to prevent or remedy serious 
injury or the threat thereof to the industry in question and to facilitate 
the orderly adjustment to new competitive conditions by the industry 
in question—• 
(1) proclaim an increase in, or imposition of, any duty on the 
article causing or threatening to cause serious injury to such 
industry; 
(2) proclaim a tariff-rate quota on such article; 
(3) proclaim a modification of, or imposition of, any quantita-
tive restriction on the import into the United States of such 
article; 
(4) negotiate orderly marketing agreements with foreign coun-
tries limiting the export from foreign countries and the import 
into the United States of such articles; or 
(5) take any combination of such actions. 
(b) (1) On the day on which the President proclaims import relief 
under this section or announces his intention to negotiate one or more congress 
orderly marketing agreements, the President shall transmit to Con-
gress a document setting forth the action he is taking under this sec-
tion. If the action taken by the President differs from the action 
recommended to him by the Commission under section 201 (b)(1)(A), 
he shall state the reason for such difference. 
(2) On the day on which the President determines that the provi-
sion of import relief is not in the national economic interest of the 
United States, the Piesident shall transmit to Congress a document 
setting forth such determination and the reasons why, in terms of the 
Documents, 
transmittal to 
2016 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
Quantitative 
restriction. 
Marketing 
agreements. 
"Import relief 
determination 
date." 
19 u s e 1202. 
Post, 
p. 2066. 
national economic interest, he is not providing import relief and also 
what other steps he is taking, beyond adjustment assistance programs 
immediately available to help the industry to overcome serious injury 
and the workers to find productive employment. 
(c)(1) If the President reports under subsection (b) that he is 
taking action which differs from the action recommended by the Com-
mission under section 201 (b) (1) (A), or that he will not provide import 
relief, the action recommended by the Commission shall take effect 
(as provided in paragraph (2)) upon the adoption by both Houses of 
Congress (within the 90-day period following the date on which the 
document referred to in subsection (b) is transmitted to the Congress), 
by an affirmative vote of a majority of the Members of each House 
present and voting, of a concurrent resolution disapproving the ajction 
taken by the President or his determination not to provide import 
relief under section 202(a) (1) (A). 
(2) If the contingency set forth in paragraph (1) occurs, the Presi-
dent shall (within 30 days after the adoption of such resolution) 
proclaim the increase in, or imposition of, any duty or other import 
restriction on the article which Avas recommended by the Commission 
under section 201(b). 
(d) (1) No proclamation pursuant to subsection (a) or (c) shall 
be made increasing a rate of duty to (or imposing) a rate which is 
more than 50 percent ad valorem above the rate (if any) existing at 
the time of the proclamation. 
(2) Any quantitative restriction proclaimed pursuant to subsection 
(a) or (c) and any orderly marketing agreement negotiated pursuant 
to subsection (a) shall permit the importation of a quantity or value 
of the article which is not less than the quantity or value of such article 
imported into the United States during the most recent period which 
the President determines is representative of imports of such article. 
(e) (1) Import relief under this section shall be proclaimed and take 
effect within 15 days after the import relief determination date unless 
the President announces on such date his intention to negotiate one or 
more orderly marketing agreements under subsection (a) (4) or (5) 
in which case import relief shall be proclaimed and take effect within 
90 days after the import relief determination date. 
(2) If the President provides import relief under subsection (a) 
(1), (2), (3), or (5), he may, after such relief takes effect, negotiate 
orderly marketing agreements with foreign countries, and may, after 
such agreements take effect, suspend or terminate, in whole or in part, 
such import relief. 
(3) If the President negotiates an orderly marketing agreement 
under subsection (a) (4) or (5) and such agreement does not con-
tinue to be effective, he may, consistent with the limitations contained 
in subsection (h), provide import relief under subsection (a) (1), 
(2), (3), or (5). 
(4) For purposes of this subsection, the term "import relief deter-
mination date" means the date of the President's determination under 
section 202(b). 
(f)(1) For purposes of subsections (a) and (c), the suspension 
of item 806.30 or 807.00 of the Tariff Schedules of the United States 
with respect to an article shall be treated as an increase in duty. 
(2) For purposes of subsections (a) and (c), the suspension of the 
designation of any article as an eligible article for purposes of title 
V shall be treated as an increase in duty. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
:2017 
(3) No proclamation providing for a suspension referred to in 
paragraph (1) with respect to any article shall be made under sub-
section (a) or (c) unless the Commission, in addition to making an 
affirmative determination with respect to such article under section 
201(b), determines in the course of its investigation under section 
201(b) that the serious injury (or threat thereof) substantially caused 
by imports to the domestic industry producing a like or directly com-
petitive article results from the application of item 806.30 or item 
807.00. 
(4) No proclamation which provides solely for a suspension 
referred to in paragraph (2) with respect to any article shall be made 
under subsection (a) or (c) unless the Commission, in addition to 
making an affirmative determination with respect to such article 
under section 201(b), determines in the course of its investif>:ation 
under section 201(b) that the serious injury (or threat thereof) sub-
stantially caused by imports to the domestic industry producing a 
like or directly competitive article results from the des'flrnation of the 
article as an eligible article for the purposes of title V. 
^°®f' P- ^oee. 
(g) (1) The President shall by regulations provide for the efficient 
Regulations;. 
and fair administration of any quantitative restriction proclaimed 
pursuant to subsection (a)(3) or (c). 
(2) In order to carry out an agreement concluded under subsection 
(a)(4), (a)(5), or (e)(2), the President is authorized to prescribe 
regulations governing the entry or withdrawal from warehouse of 
articles covered by such agreement. In addition, in order to carry 
out any agreement concluded under subsection (a)(4), (a)(5), or 
(e) (2) with one or more countries accounting for a major part of 
United States imports of the article covered by such agreements, 
including imports into a major geographic area of the United S'ates, 
the President is authorized to issue regulations governing the entry 
or withdrawal from warehouse of like articles which are the product 
of countries not parties to such agreement. 
(3) Regulations prescribed under this subsection shall, to the extent 
practicable and consistent with efficient and fair administration, insure 
against inequitable sharing of imports by a relatively small number of 
the larger importers. 
(h) (1) Any import relief provided pursuant to this section shall, 
import relief, 
unless renewed pursuant to paragraph (3), terminate no later than t^"""'"^"""-
the close of the day which is 5 years after the day on which import 
relief with respect to the article in question first took effect pursuant 
to this section. 
(2) To the extent feasible, any import relief provided pursuant 
to this section for a period of more than 3 years shall be phased down 
during the period of such relief, with the first reduction of relief tak-
ing effect no later than the close of the day which is 3 years after the 
day on which such relief first took effect. 
(3) Any import relief provided pursuant to this section or section 
351 or 352 of the Trade Expansion Act of 1962 may be extended by the 
i9 use 1981, 
President, at a level of relief no greater than the level in effect ^^^^" 
immediately before such extension, for one 3-year period if the Presi-
dent determines, after taking into account the advice received from 
the Commission under subsection (i) (2) and after taking into account 
the considerations described in section 202(c), that such extension is 
^"'e- p- 2014. 
in the national interest. 
2018 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(4) Any import relief provided pursuant to this section may be 
reduced or terminated by the President when he determines, after 
taking into account the advice received from the Commission under 
subsection (i) (2) and after seeking advice of the Secretary of Com-
merce and the Secretary of La^bor, that such reduction or termination 
is in the national interest. 
(5) For purposes of this subsection and subsection (i), the import 
relief provided in the case of an orderly marketing agreement shall be 
the level of relief contemplated by such agreement. 
Review o
f de- 
(i)(l) So loug as auy import relief provided pursuant to this 
pons^To'pre's'i^" 
scctlon or section 351 or 352 of the Trade Expansion Act of 1962 
dent. 
remains in effect, the Commission shall keep under review develop-
1982. 
' 
ments with respect to the industry concerned (including the progress 
and specific eiforts made by the firms in the industry concerned to 
adjust to import competition) and upon request of the President shall 
make reports to the President concerning such developments. 
(2) Upon request of the President or upon its own motion, the 
Commission shall advise the President of its judgment as to the prob-
able economic effect on the industry concerned of the extension, reduc-
tion, or termination of the import relief provided pursuant to this 
section. 
(3) Upon petition on behalf of the industry concerned, filed with 
the Commission not earlier than the date which is 9 months, and not 
later than the date which is 6 months, before the date any import relief 
provided pursuant to this section or section 351 or 352 of the Trade 
Expansion Act of 1962 is to terminate by reason of the expiration of 
the initial period therefor, the Commission shall advise the President 
of its judgment as to the probable economic effect on such industry of 
such termination. 
(4) In advising the President under paragraph (2) or (3) as 
to the probable economic effect on the industry concerned, the Com-
mission shall take into account all economic factors which it 
considers relevant, including the considerations set forth in section 
202(c) and the progress and specific efforts made by the industry con-
cerned to adjust to import competition. 
"^^""8- 
(5) Advice by the Commission under paragraph (2) or (3) shall 
be given on the basis of an investigation during the course of which 
the Commission shall hold a hearing at which interested persons shall 
be given a reasonable opportunity to be present, to produce evidence, 
and to be heard. 
(j) No investigation for the purposes of section 201 shall be made 
with respect to an article which has received import relief under this 
section unless 2 years have elapsed since the last day on which import 
relief was provided with respect to such article pursuant to this section, 
(k) (1) Actions by the President pursuant to this section may be 
Ante, p. 1992. 
^^g^\^QJ^ wlthout regard to the provisions of section 126(a) of this Act 
but only after consideration of the relation of such actions to the 
international obligations of the United States. 
Geographic 
(2) If thc Commlsslou treats as the domestic industry production 
dom'el'tirpr°o'duc- 
locatcd lu a major geographic area of the United States under section 
tion. 
201(b)(3)(C), then the President shall take into account the geo-
graphic concentration of domestic production and of imports in that 
area in providing import relief, if any, which may include actions 
authorized under paragraph (1). 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2019 
CHAPTER 2—ADJUSTMENT ASSISTANCE 
FOR WORKERS 
Subchapter A—Petitions and Determinations 
SEC. 221. PETITIONS. 
(a) A petition for a certification of eligibility to apply for adjust-
ment assistance under this chapter may be filed with the Secretary 
of Labor (hereinafter in this chapter referred to as the "Secretary") 
by a group of woi-kers or by their certified or recognized union or 
other duly authorized representative. Upon receipt of the petition, the 
Secretary shall promptly publish notice in the Federal Kegister that 
he has received the petition and initiated an investigation. 
(b) If the petitioner, or any other person found by the Secretary 
to have a substantial interest in the proceedings, submits not later than 
10 days after the date of the Secretary's publication under subsection 
(a) a request for a hearing, the Secretary shall provide for a public 
hearing and afford such interested persons an opportunity to be 
present, to produce evidence, and to be heard. 
SEC. 222. GROUP ELIGIBILITY REQUIREMENTS. 
The Secretary shall certify a group of workers as eligible to apply 
for adjustment assistance under this chapter if he determines— 
(1) that a significant number or proportion of the workers 
in such workers' firm or an appropriate subdivision of the firm 
have become totally or partially separated, or are threatened to 
become totally or partially separated, 
(2) that sales or production, or both, of such firm or subdivi-
sion have decreased absolutely, and 
(3) that increases of imports of articles like or directly com-
petitive with articles produced by such workers' firm or an 
appropriate subdivision thereof contributed importantly to such 
total or partial separation, or threat thereof, and to such decline 
in sales or production. 
For purposes of paragraph (3), the term "contributed importantly" 
means a cause which is important but not necessarily more important 
than any other cause. 
SEC. 223. DETERMINATIONS BY SECRETARY OF LABOR. 
(a) As soon as possible after the date on which a petition is filed 
under section 221, but in any event not later than 60 days after that 
date, the Secretary shall determine whether the petitioning group 
meets the requirements of section 222 and shall issue a certification 
of eligibility to apply for assistance under this chapter covering work-
ers in any group which meets such requirements. Each certification 
shall specify the date on which the total or partial separation began 
or threatened to begin. 
(b) A certification under this section shall not apply to any worker 
whose last total or partial separation from the firm or appropriate 
subdivision of the firm before his application under section 231 
occurred— 
(1) more than one year before the date of the petition on 
which such certification was granted, or 
(2) more than 6 months before the effective date of this 
chapter. 
19 u s e 2271. 
Publication in 
Federal Register. 
Hearing. 
19 u s e 2272. 
"eontributed 
importantly." 
19 u s e 2273. 
eertification of 
eligibility. 
2020 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
Publication in 
Federal Register. 
Publication in 
Federal Register. 
19 u s e 2274. 
Report to Pres-
ident. 
Publication in 
Federal Register. 
(c) Upon reaching his determination on a petition, the Secretary 
shall promptly publish a summary of the determination in the Fed-
eral Register together with his reasons for making such determination. 
(d) Whenever the Secretary determines, with respect to any certi-
fication of eligibility of the workers of a firm or subdivision of the 
firm, that total or partial separations from such firm or subdivision 
are no longer attributable to the conditions specified in section 222, he 
shall terminate such certification and promptly have notice of such 
termination published in the Federal Register together with his rea-
sons for making such determination. Such termination shall apply 
only with respect to total or partial separations occurring after the 
termination date specified by the Secretary. 
SEC. 224. STUDY BY SECRETARY OF LABOR WHEN INTERNATIONAL 
TRADE COMMISSION BEGINS INVESTIGATION; 
ACTION 
WHERE THERE IS AFFIRMATIVE FINDING. 
(a) AVhenever the International Trade Commission 
(hereafter 
referred to in this chapter as the "Commission") begins an investiga-
tion under section 201 with respect to an industry, the Commission 
shall immediately notify the Secretary of such investigation, and the 
Secretary shall immediately begin a study of— 
(1) the number of workers in the domestic industry producing 
the like or directly competitivejarticle who have been or are likely 
to be certified as eligible for adjustment assistance, and 
(2) the extent to which the adjustment of such workers to the 
import competition may be facilitated through the use of exist-
ing programs. 
(b) The report of the Secretary of the study under subsection (a) 
shall be made to the President not later than 15 days after the day on 
which the Commission makes its report under section 201. Upon mak-
ing his report to the President, the Secretary shall also promptly make 
it public (with the exception of information which the Secretary deter-
mmes to be confidential) and shall have a summary of it published 
in the Federal Register. 
(c) Whenever the Commission makes an affirmative finding under 
section 201(b) that increased imports are a substantial cause of seri-
ous injury or threat thereof with respect to an industry, the Secretary 
shall make available, to the extent feasible, full information to the 
workers in^such industry about programs which may facilitate the 
adjustment to import competition of such workers, and he shall pro-
vide assistance in the preparation and processing of petitions and 
applications of such workers for program benefits. 
Subchapter B—Program Benefits 
PART I—TRADE READJUSTMENT ALLOWANCES 
19 u s e 2291. 
SEC. 231. QUALIFYING REQUIREMENTS FOR WORKERS. 
Payment of a trade readjustment allowance shall be made to an 
adversely affected worker covered by a certification under subchapter 
A who files an application for such allowance for any week of unem-
ployment which begins after the date specified in such certification 
pursuant to section 223(a), if the following conditions are met: 
(1) Such worker's last total or partial separation before his 
application under this chapter, occurred— 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2021 
(A) on or after the date, as specified in the certification 
under which he is covered, on which total or partial separa-
tion began or threatened to begin in the adversely affected 
employment, and 
(B) before the expiration of the 2-year period beginning 
on the date on which the determination under section 223 
was made, and 
(C) before the termination date (if any) determined pur-
suant to section 223 (d); and 
(2) Such worker had, in the 52 weeks immediately preceding 
such total or partial separation, at least 26 weeks of employment 
at wages of $30 or more a week in adversely affected employment 
with a single firm or subdivision of a firm, or, if data with respect 
to weeks of employment are not available, equivalent amounts 
of employment computed under regulations prescribed by the 
Secretary. 
SEC. 232. WEEKLY AMOUNTS. 
i9 use 2292. 
(a) Subject to the other provisions of this section, the trade read-
justment allowance payable to an adversely affected worker for a 
week of unemployment shall be— 
(1) 70 percent of his average weekly wage (but not in excess 
of the average weekly manufacturing wage), reduced by 
(2) 50 percent of the amount of the remuneration for services 
performed during such week, 
(b) Any adversely affected worker who is entitled to trade read-
justment allowances and who is undergoing training approved by 
the Secretary, including on-the-job training, shall receive for each 
week in which he is undergoing any such training, a trade readjust-
ment allowance in an amount (computed for such week) equal to the 
amount computed under subsection (a) or (if greater) the amount 
of any weekly allowance for such training to which he would be 
entitled under any other Federal law for the training of workers, if 
he applied for such allowance. Such trade readjustment allowance 
shall be paid in lieu of any training allowance to which the worker 
would be entitled under such other Federal law. 
(c) The amount of trade readjustment allowance payable to an 
adversely affected worker under subsection (a) for any we-ek shall 
be reduced by any amount of unemployment insurance which he 
receives, or which he would receive if he applied for such insurance, 
with respect to such week; but, if the appropriate State or Federal 
agency finally determines that the worker was not entitled to unem-
ployment insurance with respect to such week, the reduction shall not 
apply with respect to such week. 
(d) If unemployment insurance, or a training allowance under any 
Federal law, is paid to an adversely affected worker for any week of 
unemployment with respect to which he would be entitled (determined 
without regard to subsection (c) or (e) or to any disqualification under 
section 236(c)) to a trade readjustment allowance if he applied for 
such allowance, each such week shall be deducted from the total num-
ber of weeks of trade readjustment allowance otherwise payable to 
him under section 233(a) when he applies for a trade readjustment 
allowance and is determined to be entitled to such allowance. If the 
unemployment insurance or the training allowance paid to such 
worker for any week of unemployment is less than the amount of the 
trade readjustment allowance to which he would be entitled if he 
applied for such allowance, he shall receive, when he applies for a 
38-194 O - 76 - 45 Pt. 2 
2022 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
trade readjustment allowance and is determined to be entitled to such 
allowance, a trade readjustment allowance for such week equal to such 
difference. 
(e) Whenever, with respect to any week of unemployment, the 
total amount payable to an adversely affected worker as remuneration 
for services performed during such week, as unemployment insurance, 
as a training allowance referred to in subsection (d), and as a trade 
readjustment allowance exceeds 80 percent of his average weekly wage 
(or, if lesser, 130 percent of the average weekly manufacturing wage), 
then his trade readjustment allowance for such week shall be reduced 
by the amount of such excess. 
(f) The amount of any weekly payment to be made under this 
section which is not a whole dollar amount shall be rounded upward 
to the next higher whole dollar amount. 
1
9 use 2293. 
SEC. 233. TIME LIMITATIONS ON TRADE READJUSTMENT ALLOW-
ANCES. 
(a) Payment of trade readjustment allowances shall not be made 
to an adversely affected worker for more than 52 weeks, except that, 
in accordance with regulations prescribed by the Secretary— 
(1) such payments may be made for not more than 26 addi-
tional weeks "to an adversely affected worker to assist him to 
complete training approved by the Secretary, or 
(2) such payments shall be made for not more than 26 addi-
tional weeks to an adversely affected worker who had reached his 
60th birthday on or before the date of total or partial separation. 
In no case may an adversely aft'ected worker be paid trade readjust-
ment allowances for more than 78 weeks. 
(b) (1) Except for a payment made for an additional week under 
subsection (a) (1) or (a) (2), a trade readjustment allowance may not 
be paid for a week of unemployment beginning more than 2 years 
after the beginning of the appropriate week. 
(2) A trade readjustment allowance may not be paid for an addi-
tional week specified in subsection (a) (1) if the adversely affected 
worker who would receive such allowance did not make a bona fide 
application to a training program approved by the Secretary within 
180 days after the end of the appropriate week or the date of his first 
certification of eligibility to apply for adjustment assistance issued by 
the Secretary, whichever is later. 
(3) A trade readjustment alloAvance may not be paid for an addi-
tional week specified in subsection (a) if such additional week begins 
more than 3 years after the beginning of the appropriate week. 
(4) For purposes of this subsection, the appropriate week— 
(A) for a totally separated worker is the week of his most recent 
total separation, and 
(B) for a partially separated worker is the first week for which 
he receives a trade readjustment allowance following his most 
recent partial separation. 
1
9 use 2294. 
SEC. 234. APPLICATION OF STATE LAWS. 
Except where inconsistent with the provisions of this chapter and 
subject to such regulations as the Secretary may prescribe, the avail-
ability and disqualification provisions of the State law— 
(1) under which an adversely affected worker is entitled to 
unemployment insurance (whether or not he has filed a claim for 
such insurance), or 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2023 
(2) if he is not so entitled to unemployment insurance, of the 
State in which he was totally or partially sej>ara,ted, 
shall apply to any such worker who files a claim for trade readjust-
ment allowances. The State law so determined with respect to a separa-
tion of a worker shall remain applicable, for purposes of the preceding 
sentence, with respect to such separation until such worker becomes 
entitled to unemployment insurance under another State law (whether 
or not he has filed a claim for such insurance). 
PART 
II—TRAINING 
AND 
RELATED SERVICES 
SEC. 235. EMPLOYMENT SERVICES. 
The Secretary shall make every reasonable effort to secure for 
adversely affected workers covered by a certification under subchapter 
A of this chapter counseling, testing, and placement services, and sup-
portive and other services, provided for under any other Federal law. 
The Secretary shall, whenever appropriate, procure such services 
through agreements with cooperating State agencies. 
SEC. 236. TRAINING. 
(a) If the Secretary determines that there is no suitable employ-
ment available for an adversely affected worker covered by a certifica-
tion under subchapter A of this chapter, but that suitable employment 
(which may include technical and professional employment) would 
be available if the worker received appropriate training, he may 
approve such training. Insofar as possible, the Secretary shall provide 
or assure the provision of such training on the job. 
(b) The Secretary may, where appropriate, authorize supplemental 
assistance necessary to defray transportation and subsistence expenses 
for separate maintenance when training is provided in facilities which 
are not within commuting distance of a worker's regular place of resi-
dence. The Secretary shall not authorize payments for subsistence 
exceeding $15 per day; nor shall he authorize payments for trans-
portation expenses exceeding 12 cents per mile. 
(c) Any adversely affected worker who, without good cause, refuses 
to accept or continue, or fails to make satisfactory progress in, suitable 
training to which he has been referred by the Secretary shall not there-
after be entitled to payments under this chapter until he enters or 
resumes the trainino; to which he has been so referred. 
19 use 2295. 
Ante, p. 2019. 
19 u s e 2296. 
Supplemental 
assistance. 
Limitations. 
PART III—JOB SEARCH AND RELOCATION 
ALLOWANCES 
SEC. 237. JOB SEARCH ALLOWANCES. 
(a) Any adversely affected worker covered by a certification under 
subchapter A of this chapter who has been totally separated may file 
an application with the Secretary for a job search allowance. Such 
allowance, if granted, ^hall provide reimbursement to the worker of 
80 percent of the cost of his necessary job search expenses as pre-
scribed by regulations of the Secretary; except that such reimburse-
ment may not exceed $500 for any worker. 
(b) A job search allowance may be granted only— 
(1) to assist an adversely affected worker in securing a job 
within the United States; 
(2) where the Secretary determines that such worker cannot 
reasonably be expected to secure suitable employment in the 
commuting area in which he resides; and 
19 u s e 2297. 
Limitation. 
Conditions. 
2024 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
19 use 2298. 
Ante, p. 2019. 
Conditions. 
"Relocation 
allowance." 
19 u s e 2311. 
(3) where the worker has filed an application for such allow-
ance with the Secretary no later than 1 year after the date of his 
last total separation before his application under this chapter 
or (in the case of a worker who has been referred to training by 
the Secretary) within a reasonable period of time after the con-
clusion of such training period. 
SEC. 238. RELOCATION ALLOWANCES. 
(a) Any adversely affected worker covered by a certification under 
subchapter A of this chapter who has been totally separated may file 
an application with the Secretary for a relocation allowance, subject 
to the terms and conditions of this section. 
(b) A relocation allowance may be granted only to assist an 
adversely affected worker in relocating within the United States and 
only if the Secretary determines that such worker cannot reasonably 
be expected to secure suitable employment in the commuting area in 
which he resides and that such worker— 
(1) has obtained suitable employment affording a reasonable 
expectation of long-term duration in the area in which he wishes 
to relocate, or 
(2) has obtained a bona fide offer of such employment. 
(c) A relocation allowance shall not be granted to such worker 
unless— 
(1) for the week in which the application for such allowance 
is filed, he is entitled to a trade readjustment allowance (deter-
mined without regard to section 232 (c) and (e)) or would be so 
entitled (determined without regard to whether he filed applica-
tion therefor) but for the the fact that he has obtained the 
employment referred to in subsection (b) (1), and 
(2) such relocation occurs within a reasonable period after the 
filing of such application or (in the case of a worker who has 
been referred to training by the Secretary) within a reasonable 
period after the conclusion of such training. 
Under regulations prescribed by the Secretary, a relocation allowance 
shall not be granted to more than one member of the family with 
respect to the same relocation. 
(d) 
For the purposes of this section, the term "relocation 
allowance" means—• 
(1) 80 percent of the reasonable and necessary expenses, as 
specified in regulations prescribed by the Secretary, incurred in 
transporting a worker and his family, if any, and household 
effects, and 
(2) a lump sum equivalent to three times the worker's average 
weekly wage, up to a maximum payment of $500. 
Subchapter C—General Provisions 
SEC. 239. AGREEMENTS WITH STATES. 
(a) The Secretary is authorized on behalf of the United States 
to enter into an agreement with any State, or with any State agency 
(referred to in this subchapter as "cooperating States" and "cooperat-
ing States agencies" respectively). Under such an agreement, the 
cooperating State agency (1) as agent of the United States, will receive 
applications for, and will provide, payments on the basis provided 
in this chapter, (2) where appropriate, will afford adversely affected 
workers who apply for payments under this chapter testing, counsel-
88 
STAT.] 
PUBLIC LAW 9a-618-JAN. 3, 1975 
2025 
ing, referral to training, and placement services, and (3) will otherwise 
cooperate with the Secretary and with other State and Federal agen-
cies in providing payments and services under this chapter. 
(b) Each agreement under this subchapter shall provide the terms 
and conditions upon which the agreement may be amended, sus-
pended, or terminated. 
(c) Each agreement under this subchapter shall provide that unem-
ployment insurance otherwise payable to any adversely affected 
worker will not be denied or reduced for any week by reason of any 
right to payments under this chapter. 
(d) A determination by a cooperating State agency with respect to 
entitlement to program benefits under an agreement is subject to 
review in the same manner and to the same extent as determinations 
under the applicable State law and only in that manner and to that 
extent. 
(e) Section 3302(c) of the Internal Revenue Code of 1954 (relat-
ing to credits against Federal unemployment tax) is amended by 
inserting after paragraph (3) the following new paragraph: 
"(4) If the Secretary of Labor determines that a State, or 
State agency, has not— 
"(A) entered into the agreement described in section 239 
of the Trade Act of 1974, with the Secretary of Labor before 
July 1,1975, or 
"(B) fulfilled its commitments under an agreement with 
the Secretary of Labor as described in section 239 of the 
Trade Act of 1974, 
then, in the case of a taxpayer subject to the unemployment 
compensation law of such State, the total credits (after applying 
subsections (a) and (b) and paragraphs (1), (2), and (3) of 
this section) otherwise allowable under this section for a year 
during which such State or agency does not enter into or fulfill 
such an agreement shall be reduced by 15 percent of the tax 
imposed with respect to wages paid by such taxpayer during such 
year which are attributable to such State.". 
SEC. 240. ADMINISTRATION ABSENT STATE AGREEMENT. 
(a) In any State where there is no agreement in force between a 
State or its agency under section 239, the Secretary shall arrange 
under regulations prescribed by him for performance of all necessary 
functions under subchapter B of this chapter, including provision 
for a fair hearing for any worker whose application for payments 
is denied. 
(b) A final determination under subsection (a) with respect to 
entitlement to program benefits under subchapter B of this chapter 
is subject to review by the courts in the same manner and to the same 
extent as is provided by section 205(g) of the Social Security Act (42 
U.S.C. sec. 405(g)). 
SEC. 241. PAYMENTS TO STATES. 
(a) The Secretary shall from time to time certify to the Secretary 
of the Treasury for payment to each cooperating State the sums 
necessary to enable such State as agent of the United States to make 
payments provided for by this chapter. The Secretary of the Treasury, 
prior to audit or settlement by the General Accounting Office, shall 
make payment to the State from the Adjustment Assistance Trust 
Fund established in section 245 in accordance with such certification. 
Terms and con-
ditions. 
Unemployment 
insurance. 
Entitlement to 
benefits, review. 
26 u s e 3302. 
Ante, 
p. 2024. 
19 u s e 2312. 
Hearing. 
Ante, 
p. 2020. 
Judicial review. 
19 u s e 2313. 
2026 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(b) All money paid a State under this section shall be used solely 
for the purposes for which it is paid; and money so paid which is not 
used for such purposes shall be returned, at the time specified in the 
agreement under this subchapter, to the Secretary of the Treasury and 
credited to Adjustment Assistance Trust Fund. 
^ Surety bond to 
^(.^ ^j^y agreement under this subchapter may require any officer 
or employee of the State certifying payments or disbursing funds 
under the agreement or otherwise participating in the performance 
of the agreement, to give a surety bond to the United States in such 
amount as the Secretary may deem necessary, and may provide for the 
payment of the cost of such bond from funds for carrying out the 
purposes of this chapter. 
19 use 2314. 
SEC. 242. LIABILITIES OF CERTIFYING AND DISBURSING OFFICERS. 
(a) No person designated by the Secretary, or designated pursuant 
to an agreement under this subchapter, as a certifving officer, shall, in 
the absence of gross negligence or intent to defraud the United States, 
be lia;ble with respect to any payment certified by him under this 
chapter. 
(b) No disbursing officer shall, in the absence of gross negligence or 
intent to defraud the United States, be liable with respect to any pay-
ment by him under this chapter if it was based upon a voucher signed 
by a certifying officer designated as provided in subsection (a). 
19 use 2315. 
SEC. 243. RECOVERY OF OVERPAYMENTS. 
(a) If a cooperating State agency or the Secretary, or a court of 
competent jurisdiction finds that any person— 
(1) has made or has caused to be made by another, a false state-
ment or representation of a material fact knowing it to be false, 
or has knowingly failed or caused another to fail to disclose a 
material fact; and 
(2) as a result of such action has received any payment under 
this chapter to which he was not entitled, 
such person shall be liable to repay such amount to the State agency 
or the Secretary as the case may be, or either may recover such amount 
by deductions from any sums payable to such person under this chap-
ter. Any such finding by a State agency or the Secretary may be 
made only after an opportunity for a fair hearing. 
(b) Any amount repaid to a State agency under this section shall 
be deposited into the fund from which payment was made. Any 
amount repaid to the Secretary under this section shall be returned 
to the Secretary of the Treasury and credited to the Adjustment 
Assistance Trust Fund. 
1
9 use 2316. 
SEC. 244. PENALTIES. 
Whoever makes a false statement of a material fact knowing it to 
be false, or knowingly fails to disclose a material fact, for the purpose 
of obtaining or increasing for himself or for any other person any 
payment authorized to be furnished under this chapter or pursuant 
to an agreement under section 239 shall be fined not more than $1,000 
or imprisoned for not more than one year, or both. 
1
9 use 2317. 
SEC. 245. CREATION OF TRUST FUND; AUTHORIZATION OF APPRO-
PRIATIONS OUT OF CUSTOMS RECEIPTS. 
siftl^ceTmsf ^ 
(^) There is hereby established on the books of the Treasury of 
Fund. 
the United States a trust fund to be known as the "Adjustment Assist-
Estabiishment. 
QJT^^ Trust Fund" (referred to in this section as the "Trust Fund"). 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
^^27 
The Trust Fund shall consist of such amounts as may be dej)osited in 
it pursuant to the authorization contained in subsection (b). Amounts 
in the Trust Fund may be used only to carry out the provisions of 
this chapter (including; administrative costs). The Secretary of the 
Report to con-
A 
-t 
-
I 
Ere s s 
Treasury shall be the trustee of the Trust Fund and shall report to 
the Congress not later than March 1 of each year on the operation 
and status of the Trust Fund during the preceding fiscal year. 
(b) (1) There are hereby authorized to be appropriated to the Trust 
Appropriations. 
Fund, out of amounts in the general fund of the Treasury attributa-
ble to the collections of customs duties not otherwise appropriated, for 
each fiscal year ending after the date of the enactment of this Act, such 
siuns as may be necessary to carry out the provisions of this chapter 
(including administrative costs). 
(2) There are authorized to be appropriated to the Trust Fund, for 
purposes of training (including administrative costs) underNgection 
236 such sums as may be necessary. 
SEC. 246. TRANSITIONAL PROVISIONS. 
19 use 2318. 
(a) Where a group of workers has been certified as eligible to apply ^
.
^
^
^
f
*
'
'
^
^ appu-
for adjustment assistance under section 302(b) (2) or (c) of the Trade 
Expansion Act of 1962, any worker who has not had an application for 
^^ "^^ ^^o^-
trade readjustment allowances under section 322 of that Act denied 
^^ ^^^ ^^'*^-
before the effective date of this chapter may apply under section 231 of 
this Act as if the group certification under which he claims coverage 
had been made under subchapter A of this chapter. 
(b) In any case where a group of workers or their certified or recog-
nized union or other duly authorized representative has filed a petition 
under section 301(a) (2) of the Trade Expansion Act of 1962, more 
than 4 months before the effective date of this chapter and 
(1) the Commission has not rejected such petition before the 
effective date of this chapter, and 
(2) the President or his delegate has not issued a certification 
under section 302(c) of that Act to the petitioning group before 
the effective date of this chapter, 
such group or representative thereof may file a new petition under sec-
tion 221 of this Act, not later than 90 days after the effective date of this 
chapter. For purposes of section 223(b) (1), the date on which such 
group or representative filed the petition under the Trade Expansion 
Act of 1962 shall apply. Section 223(b) (2) shall not apply to workers 
covered by a certification issued pursuant to a petition meeting the 
requirements of this subsection. 
(c) A group of workers may file a petition under section 221 cover-
ing weeks of unemployment (as defined in the Trade Expansion Act of 
1962) beginning before the effective date of this chapter, or covering 
such weeks and also weeks of unemployment beginning on or after 
the effective date of this chapter. 
(d) Any worker receiving payments pursuant to this section shall 
be entitled— 
(1) for weeks of unemployment (as defined in the Trade 
Expansion Act of 1962) beginning before the effective date of this 
chapter, to the rights and privileges provided in chapter 3 of title 
I I I of such Act, and 
19 use 1931. 
(2) for weeks of unemployment beginning on or after the 
effective date of this chapter, to the rights and privileges provided 
in this chapter, except that the total number of weeks of unem-
ployment, as defined in the Trade Expansion Act of 1962, for 
which trade readjustment allowances were payable under that 
Ante, p. 2020. 
19 u s e 1901. 
19 u s e 1801 
note. 
Data, avail-
ability. 
19 u s e 1901. 
2028 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
Act shall be deducted from the total number of weeks of unem-
ployment for which an adversely affected worker is eligible for 
trade readjustment allowances under this chapter, 
(e) The Commission shall make available to the Secretary on 
request data it has acquired in investigations under section 301 of the 
Trade Expansion Act of 1962 concluded within the 2-year period end-
ing on the effective date of this chapter which did not result in Presi-
1
9 use 1902. 
dential action under section 302(a) (3) or 302(c) of that Act. 
1
9 use 2319. 
gEc 247. DEFINITIONS. 
For purposes of this chapter— 
(1) The term "adversely affected employment" means employ-
ment in a firm or appropriate subdivision of a firm, if workers of 
such firm or subdivision are eligible to apply for adjustment 
assistance under this chapter. 
(2) The term "adversely affected worker" means an individual 
who, because of lack of work in adversely affected employment— 
(A) has been totally or partially separated from such 
employment, or 
(B) has been totally separated from employment with the 
firm in a subdivision of which such adversely affected 
employment exists. 
(3) The term "average weekly manufacturing wage" means the 
national gross average weekly earnings of production workers in 
manufacturing industries for the latest calendar year (as officially 
published annually by the Bureau of Labor Statistics of the 
Department of Labor) most recently published before the period 
for which the assistance under this chapter is furnished. 
(4) The term "average weekly wage" means one-thirteenth of 
the total wages paid to an individual in the high quarter. For pur-
poses of this computation, the high quarter shall be that quarter 
in which the individual's total wages w^ere highest among the first 
4 of the last 5 completed calendar quarters immediately before the 
quarter in which occurs the week with respect to which the com-
putation is made. Such week shall be the week in which total sepa-
ration occurred, or, in cases where partial separation is claimed, 
an appropriate week, as defined in regulations prescribed by the 
Secretary. 
(5) The term "average weekly hours" means the average hours 
worked by the individual (excluding overtime) in the employment 
from which he has been or claims to have been separated in the 
52 weeks (excluding weeks during which the individual was sick 
or on vacation) preceding the week specified in the last sentence 
of paragraph (4). 
(6) The term "partial separation" means, with respect to an 
individual who has not been totally separated, that he has had— 
(A) his hours of work reduced to 80 percent or less of his 
average weekly hours in adversely affected employment, and 
(B) his wages reduced to 80 percent or less of his average 
weekly wage in such adversely affexjted employment. 
(7) The term "remuneration" means wages and net earnings 
derived from services performed as a self-employed individual. 
(8) The term "State" includes the District of Columbia and the 
Commonwealth of Puerto Rico; and the term "United States" 
when used in the geographical sense includes such Commonwealth. 
(9) The term "State agency" means the agency of the State 
which administers the State law. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2029 
(10) The term "State law'' means the unemployment insurance 
law of the State approved by the Secretary of Labor under section 
3304 of the Internal Revenue Code of 1954. 
^e use 3304. 
(11) The term "total separation" means the layoff or severance 
of an individual from employment with a firm in which, or in 
a subdivision of which, adversely affected employment exists. 
(12) The term "unemployment insurance" means the unem-
ployment insurance payable to an individual under any State 
law or Federal unemployment insurance law, including chapter 
85 of title 5, United States Code, and the Railroad Unemploy- 
s use ssoi. 
ment Insurance Act. 
45 use 367. 
(13) The term "week" means a week as defined in the applicable 
State law. 
(14) The term "week of unemployment" means with respect 
to an individual any week for which his remuneration for services 
performed during such week is less than 80 percent of his average 
weekly wage and in which, because of lack of work— 
(A) if he has been totally separated, he worked less than 
the full-time week (excluding overtime) in his current 
occupation, or 
(B) if he has been partially separated, he worked 80 per-
cent or less of his average weekly hours. 
SEC. 248. REGULATIONS. 
i^ use 2320. 
The Secretary shall prescribe such regulations as may be necessary 
to carry out the provisions of this chapter. 
SEC. 249. SUBPENA POWER. 
19 use 2321. 
(a) The Secretary may require by subpena the attendance of wit-
nesses and the production of evidence necessary for him to make a 
determination under the provisions of this chapter. 
(b) If a person refuses to obey a subpena issued under subsection 
(a), a United States district court within the jurisdiction of which 
the relevant proceeding under this chapter is conducted may, upon 
petition by the Secretary, issue an order requiring compliance with 
such subpena. 
SEC. 250. JUDICIAL REVIEW. 
(a) A worker, group of workers, certified or recognized union, or 
an authorized representative of such worker or group, aggrieved by a 
final determination by the Secretary under the provisions of section 
223 may, within 60 days after notice of such determination, file a 
petition for review of such determination with the United States 
court of appeals for the circuit in which such worker or group is 
located or in the United States Court of Appeals for the District 
of Columbia Circuit. The clerk of such court shall send a copy of 
such petition to the Secretary. Upon receiving such petition, the Secre-
tary shall promptly certify and file in such court the record on which 
he based such determination. 
(b) The findings of fact by the Secretary, if supported by sub-
stantial evidence, shall be conclusive; but the court, for good cause 
shown, may remand the case to the Secretary to take further evidence, 
and the Secretary may thereupon make new or modified findings of 
fact and may modify his previous action, and shall certify to the 
court the record of the further proceedings. Such new or modified 
findings of fact shall likewise be conclusive if supported by substan-
tial evidence. 
19 u s e 2322. 
2030 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
(c) The court shall have jurisdiction to aiRrm the action of the 
Secretary or to set it aside, in whole or in part. The judgment of the 
court shall be subject to review by the Supreme Court of the United 
States upon certiorari or certification as provided in section 1254 of 
title 28, United States Code. 
19 u s e 2341. 
Publication in 
Federal Register. 
"Contributed 
importantly." 
19 u s e 2342. 
Filing of appli-
cation. 
Approval con-
ditions. 
CHAPTER 3—ADJUSTMENT ASSISTANCE 
FOR FIRMS 
SEC. 251. PETITIONS AND DETERMINATIONS. 
(a) A petition for a certification of eligibility to apply for adjust-
ment assistance under this chapter may be filed with the Secretary of 
Commerce (hereinafter in this chapter referred to as the "Secretary") 
by a firm or its representative. Upon receipt of the petition, the Secre-
tary shall promptly publish notice in the Federal Register that he has 
received the petition and initiated an investigation. 
(b) If the petitioner, or any other person, organization, or group 
found by the Secretary to have a substantial interest in the proceed-
ings, submits not later than 10 days after the date of the Secretary's 
publication under subsection (a) a request for a hearing, the Secretary 
shall provide for a public hearing and afford such interested persons 
an opportunity to be present, to produce evidence, and to be heard. 
(c) The Secretary shall certify a firm as eligible to apply for adjust-
ment assistance under this chapter if he determines— 
(1) that a significant number or propoition of the workers in 
such firm have become totally or partially separated, or are 
threatened to become totally or partially separated, 
(2) that sales or production, or both, of such firm have 
decreased absolutely, and 
(3) that increases of imports of articles like or directly com-
petitive with articles produced by such firm contributed impor-
tantly to such total or partial separation, or threat thereof, and 
to such decline in sales or production. 
For purposes of paragraph (3), the term "contributed importantly" 
means a cause which is important but not necessarily more important 
than any other cause. 
(d) A determination shall be made by the Secretary as soon as 
possible after the date on which the petition is filed under this section, 
but in any event not later than 60 days after that date. 
SEC. 
2
5
2
. 
APPROVAL 
OF 
ADJUSTMENT 
PROPOSALS. 
(a) A firm certified under section 251 as eligible to apply for adjust-
ment assistance may, at any time within 2 years after the date of such 
certification, file an application with the Secretary for adjustment 
assistance under this chapter. Such application shall include a pro-
posal for the economic adjustment of such firm. 
(b) (1) Adjustment assistance under this chapter consists of tech-
nical assistance and financial assistance, which may be furnished singly 
or in combination. The Secretary shall approve a firm's application 
for adjustment assis^^ance only if he determines— 
(A) that the firm has no reasonable access to financing through 
the private capital market, and 
(B) that the firm's adjustment proposal— 
(i) is reasonably calculated materially to contribute to the 
economic adjustment of the firm, 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2031 
(ii) gives adequate consideration to the interests of the 
workers of such firm, and 
(iii) demonstrates that the firm will make all i-easonable 
efforts to use its own resources for economic development. 
(2) The Secretary shall make a determination as soon as possible 
after the date on which an application is filed under this section, but 
in no event later than 60 days after such date. 
(c) In order to assist a firm which has been certified as eligible 
to apply for adjustment assistance under this chapter in preparing 
a viable adjustment proposal, the Secretary may furnish technical 
assistance to such firm. 
(d) Whenever the Secretary determines that any firm no longer 
requires assistance under this chapter, he shall terminate the certifi-
cation of eligibility of such firm and promptly have notice of such 
termination published in the Federal Register, Such termination shall 
take effect on the termination date specified by the Secretary. 
SEC. 253. TECHNICAL ASSISTANCE. 
(a) The technical assistance furnished under this chapter shall 
consist of— 
(1) assistance to the firm in developing a proposal for its eco-
nomic adjustment, 
(2) assistance in the implementation of such a proposal, or 
(3) both. 
(b) The Secretary may provide to a firm certified under section 
251, on such terms and conditions as he determines to be appropriate, 
such technical assistance as in his judgment will carry out the pur-
poses of this chapter with respect to such firm. 
(c) The Secretary shall furnish technical assistance under this 
chapter through existing agencies and through private individuals, 
firms, and institutions. In the case of assistance furnished through 
private individuals, firms, and institutions (including private con-
sulting services), the Secretary may share the cost thereof (but not 
more than 75 percent of such cost may be borne by the United States). 
SEC. 254. FINANCIAL ASSISTANCE. 
(a) The Secretary may provide to a firm, on such terms and con-
ditions as he determines to be appropriate, such financial assistance 
in the form of direct loans or guarantees of loans as in his judgment 
will materially contribute to the economic adjustment of the firm. The 
assumption of an outstanding indebtedness of the firm, with or without 
recourse, shall be considered to be the making of a loan for purposes 
of this section. 
(b) Loans or guarantees of loans shall be made under this chapter 
only for the purpose of making funds available to the firm— 
(1) for acquisition, construction, installation, modernization, 
development, conversion, or expansion of land, plant, buildings, 
equipment, facilities, or machinery, or 
(2) to supply such working capital as may be necessary to 
enable the firm to implement its adjustment proposal. 
(c) To the extent that loan funds can be obtained from private 
sources (with or without a guarantee) at the rate provided in the first 
sentence of section 255(b), no direct loan shall be provided to a firm 
under this chapter. 
SEC. 255. CONDITIONS FOR FINANCIAL ASSISTANCE. 
(a) No financial assistance shall be provided under this chapter 
unless the Secretary determines— 
Technical as-
sistance. 
Termination; 
publication in 
Federal Register. 
19 u s e 2343. 
Terms and con-
ditions. 
19 u s e 2344. 
Terms and con-
ditions. 
Direct loans, 
restriction. 
19 u s e 2345. 
2032 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
Interest rate. 
Maturities, limi-
tation. 
Priority. 
15 u s e 631 
note. 
Operating re-
Limitations. 
19 u s e 2346. 
(1) that the funds required are not available from the firm's 
own resources; and 
(2) that there is reasonable assurance of repayment of the 
loan. 
(b) The rate of interest on loans which are guaranteed under this 
chapter shall be no higher than the maximum interest per annum 
that a participating financial institution may establish on guaranteed 
loans made pursuant to section 7(a) of the Small Business Act (15 
TJ.S.C. 636(a)). The rate of interest on direct loans made under this 
chapter shall be (i) a rate determined by the Secretary of the Treas-
ury taking into consideration the current average market yield on 
outstanding marketable obligations of the United States with remain-
ing periods to maturity that are comparable to the average matu-
rities of such loans, adjusted to the nearest one-eighth of 1 percent, 
plus (ii) an amount adequate in the judgment of the Secretary to 
cover administrative costs and probable losses under the program. 
(c) The Secretary shall make no loan or guarantee of a loan having 
a maturity in excess of 25 years, including renewals and extensions. 
Such limitation on maturities shall not, however, apply— 
(1) to securities or obligations received by the Secretarv as 
claimant in bankruptcy or equitable reorganization, or as creditor 
in other proceedings attendant upon insolvency of the obligor, or 
(2) to an extension or renewal for an additional period not 
exceeding 10 years, if the Secretary determines that such extension 
or renewal is reasonably necessary for the orderly liquidation of 
the loan. 
(d) In making guarantees of loans, and in making direct loans, the 
Secretary shall give priority to firms which are small within the 
meaning of the Small Business Act (and regulations promulgated 
thereunder). 
(e) No loan shall be guaranteed by the Secretary in an amount 
which exceeds 90 percent of the balance of the loan outstanding. 
(f) The Secretary shall maintain operating reserves with respect to 
anticipated claims under guarantees made under this chapter. Such 
reserves shall be considered to constitute obligations for purposes of 
section 1311 of the Supplemental Appropriation Act, 1955 (31 U.S.C. 
200). 
(g) The Secretary may charge a fee to a lender which makes a loan 
guaranteed under this chapter in such amount as is necessary to cover 
the cost of administration of such guarantee. 
(h) (1) The aggregate amount of loans made to any firm which are 
guaranteed under this chapter and which are outstanding at any time 
shall not exceed $3,000,000. 
(2) The aggregate amount of direct loans made to any firm under 
this chapter which are outstanding at any time shall not exceed 
$1,000,000. 
SEC. 256. DELEGATION OF FUNCTIONS TO SMALL BUSINESS ADMINIS-
TRATION; AUTHORIZATION OF APPROPRIATIONS. 
(a) In the case of any firm which is small (within the meaning of 
the Small Business Act and regulations promulgated thereunder), the 
Secretary may delegate all of his functions under this chapter (other 
than the functions under sections 251 and 252(d) with respect to the 
certification of eligibility and section 264) to the Administrator of the 
Small Business Administration. 
(b) There are hereby authorized to be appropriated to the Secre-
tary such sums as may be necessary from time to time to carry out his 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2033 
functions under this chapter in connection with furnishing adjustment 
assistance to firms, which sums are authorized to be appropriated to 
remain available until expended. 
(c) The unexpended balances of appropriations authorized by 
section 312(d) of the Trade Expansion Act of 1962 are transferred to 
19 use 1912. 
the Secretary to carry out his functions under this chapter. 
SEC. 257. ADMINISTRATION OF FINANCIAL ASSISTANCE. 
i9 use 2347. 
(a) In making and administering guarantees and loans under sec-
tion 254, the Secretary may— 
(1) require security for any such guarantee or loan, and 
eniorce, waive, or subordinate such security; 
(2) assign or sell at public or private sale, or otherwise dispose 
of, upon such terms and conditions and for such consideration as 
he shall determine to be reasonable, any evidence of debt, contract, 
claim, personal property, or security assigned to or held by him 
in connection with such guarantees or loans, and collect, compro-
mise, and obtain deficiency judgments with respect to all obliga-
tions assigned to or held by him in connection with such guarantees 
or loans until such time as such obligations may be referred to the 
Attorney General for suit or collection; 
(3) renovate, improve, modernize, complete, insure, rent, sell, 
or otherwise deal with, upon such terms and conditions and for 
such consideration as he shall determine to be i/easonable, any 
real or personal property conveyed to or otherwise acquired by 
him in connection with such guarantees or loans; 
(4) acquire, hold, transfer, release, or convey any real or per-
sonal property or any interest therein whenever deemed necessary 
or appropriate, and execute all legal documents for such pur-
poses; and 
(5) exercise all such other powers and take all such other acts 
as may be necessary or incidental to the carrying out of functions 
pursuant to section 254. 
(b) Any mortgage acquired as security under subsection (a) shall 
be recorded under applicable State law. 
(c) All repayments of loans, payments of interest, and other 
receipts arising out of transactions entered into by the Secretary pur-
suant to this chapter, shall be available for financing functions per-
formed under this chapter, including administrative expenses in 
connection with such functions. 
SEC. 258. PROTECTIVE PROVISIONS. 
i9 use 2348. 
(a) Each recipient of adjustment assistance under this chapter shall 
Recordkeeping. 
keep records which fully disclose the amount and disposition by such 
recipient of the proceeds, if any, of such adjustment assistance, and 
which will facilitate an effective audit. The recipient shall also keep 
such other records as the Secretary may prescribe. 
(b) The Secretary and the Comptroller General of the United 
GAO audit. 
States shall have access for the purpose of audit and examination to 
any books, documents, papers, and records of the recipient pertaining 
to adjustment assistance under this chapter. 
(c) No adjustment assistance under this chapter shall be extended 
to any firm unless the owners, partners, or officers certify to the 
Secretary— 
(1) the names of any attorneys, agents, and other persons 
engaged by or on behalf of the firm for the purpose of expediting 
applications for such adjustment assistance; and 
2034 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(2) the fees paid or to be paid to any such person, 
(d) No financial assistance shall be provided to any firm under this 
chapter unless the owners, partners, or officers shall execute an agree-
ment binding them and the firm for a period of 2 years after such 
financial assistance is provided, to refrain from employing, tendering 
any office or employment to, or retaining for professional services any 
person who, on the date such assistance or any part thereof was pro-
vided, or within 1 year prior thereto, shall have served as an officer, 
attorney, agent, or employee occupying a position or engaging in 
activities which the Secretary shall have determined involve discretion 
with respect to the provision of such financial assistance. 
19 use 2349. 
SEC. 259. PENALTIES. 
Whoever makes a false statement of a material fact knowing it to 
be false, or knowingly fails to disclose a material fact, or whoever 
willfully overvalues any security, for the purpose of influencing in 
any way a determination under this chapter, or for the purpose of 
obtaining money, property, or anything of value under this chapter, 
shall be fined not more than $5,000 or imprisoned for not more than 2 
years, or both. 
19 use 2350. 
SEC. 260. SUITS. 
In providing technical and financial assistance under this chapter 
the Secretary may sue and be sued in any court of record of a State 
having general jurisdiction or in any United States district court, and 
jurisdiction is conferred upon such district court to determine such 
controversies without regard to the amount in controversy; but no 
attachment, injunction, garnishment, or other similar process, mesne 
or final, shall be issued against him or his property. Nothing in this 
section shall be construed to except the activities pursuant to sections 
253 and 254 from the application of sections 516, 547, and 2679 of title 
28 of the United States Code. 
19 use 2351. 
SEC. 261. DEFINITIONS. 
For purposes of this chapter, the term "firm" includes an individual 
proprietorship, partnership, ]oir\i venture, association, corporation 
(including a development corporation), business trust, cooperative, 
trustee in bankruptcy, and receiver under decree of any court. A firm, 
together with any predecessor or successor firm, or any affiliated firm 
controlled or substantially beneficially owned by substantially the 
same persons, may be considered a single firm where necessary to 
prevent unjustifiable benefits. 
19 use 2352. 
SEC. 262. REGULATIONS. 
The Secretary shall prescribe such regulations as may be necessary 
to carry out the provisions of this chapter. 
19 use 2353. 
SEC. 26S. TRANSITIONAL PROVISIONS. 
(a) In any case where a firm or its representative has filed a petition 
with the International Trade Commission (hereafter in this chapter 
referred to as the "Commission") under section 301(a)(2) of the 
Trade Expansion Act of 1962, and the Commission has not made its 
determination under section 301(c) of that Act before the effective 
date of this chapter, such firm may reapply under the provisions of 
section 251 of this Act. In order to assist the Secretary in making his 
determination under such section 251 with respect to such firm, the 
Commission shall make available to the Secretary, on request, data 
it has acquired with respect to its investigation. 
19 use 1901. 
19 
use 
1902. 
19 
use 
1901. 
19 
use 
1
9
0
2
.
. 
1
9 
use 
1911. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2035 
(b) If, on the effective date of this chapter, the President (or his 
delegate) has not taken action under section 302(c) of the Trade 
Expansion Act of 1962 with respect to a report of the Commission 
containing an affirmative finding under section 301(c) of that Act 
or a report with respect to which an equal number of Commissioners 
are evenly divided, the Secretary may treat such report as a certifi-
cation of eligibility made under section 251 of this Act on the effec-
tive date of this chapter. 
(c) Any certification of eligibility of a firm under section 302(c) 
of the Trade Expansion Act of 1962 made before the effective date 
of this chapter shall be treated as a certification of eligibility made 
under section 251 of this Act on the date of the enactment of this 
Act; except that any firm whose adjustment proposal was certified 
under section 311 of the Trade Expansion Act of 1962 before the 
effective date of this chapter may receive adjustment assistance at the 
level set forth in such certified proposal. 
SEC. 264. STUDY BY SECRETARY OF COMMERCE V/HEN INTERNA- 
19 use 23 54. 
TIONAL TRADE COMMISSION BEGINS INVESTIGATION; 
ACTION WHERE THERE IS AFFIRMATIVE FINDING. 
(a) Whenever the Commission begins an investigation under section 
201 with respect to an industry, the Commission shall immediately 
notify the Secretary of such investigation, and the Secretary shall 
immediately begin a study of— 
(1) the number of firms in the domestic industry producing 
the like or directly competitive article which have been or are 
likely to be certified as eligible for adjustment assistance, and 
(2) the extent to which the orderly adjustment of such firms to 
the import competition may be facilitated through the use of 
existing programs. 
(b) The report of the Secretary of the study under subsection (a) PresfdJnt? 
shall be made to the President not later than 15 days after the day on 
which the Commission makes its report under section 201. Upon mak- 
p"'^^ P* .^°^^' 
ing its report to the President, the Secretary shall also promptly make Federal Register. 
it public (with the exception of information which the Secretary 
determines to be confidential) and shall have a summary of it published 
in the Federal Register. 
(c) Whenever the Commission makes an affirmative finding under 
section 201 (b) that increased imports are a substantial cause of serious 
injury or threat thereof with respect to an industry, the Secretary shall 
make available, to the extent feasible, full information to the firms in 
such industry about programs which may facilitate the orderly adjust-
ment to import competition of such firms, and he shall provide assist-
ance in the preparation and processing of petitions and applications 
of such firms for program benefits. 
CHAPTER 4—ADJUSTMENT ASSISTANCE FOR 
COMMUNITIES 
SEC. 271. PETITIONS AND DETERMINATIONS. 
19 use 2371. 
(a) A petition for certification of eligibility for adjustment assist-
ance under this chapter may be filed with the Secretary of Commerce 
(hereinafter in this chapter referred to as the "Secretary") by a politi-
cal subdivision of a State (hereinafter in this chapter refen*ed to as a 
"community"), by a group of such communities, or by the Governor of 
a State on behalf of such communities. Upon receipt of the petition, the 
2036 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
Publication in 
Federal Register. 
Hearing. 
"Contributed 
importantly." 
42 u s e 3161. 
Certification of 
eligibility, termi-
nation; publica-
tion in Federal 
Register, 
19 u s e 2372. 
Trade Impacted 
Area Council for 
Adjustment 
Assistance. 
Establishment. 
Secretary shall promptly publish notice in the Federal Eegister that 
he has received the petition and initiated an investigation. 
(b) If the petitioner, or any other person found by the Secretary to 
have a substantial interest in the proceedings, submits not later than 
10 days after the Secretary's publication of notice under subsection (a) 
a request for a hearing the Secretary shall provide for a public hearing 
and afford such interested persons an opportunity to be present, to 
produce evidence, and to be heard. 
(c) The Secretary shall certify a community as eligible for adjust-
ment assistance under this chapter if he determines— 
(1) that a significant number or proportion of the workers in 
the trade impacted area in which such community is located have 
become totally or partially separated, or are threatened to become 
totally or partially separated, 
(2) that sales or production, or both, of firms, or subdivisions 
of firms, located in the trade impacted area specified in paragraph 
(1) have decreased absolutely, and 
(3) that increases of imports of articles like or directly com-
petitive with articles produced by firms, or subdivisions of firms, 
located in the trade impacted area specified in paragraph (1) or 
that the transfer of firms or subdivisions of firms located in such 
area to foreign countries have contributed importantly to the total 
or partial separations, or threats thereof, described in paragraph 
(1) and to the decline in sales or production described in para-
graph (2). 
For purposes of paragraph (3), the term "contributed importantly" 
means a cause which is important but not necessarily more important 
than any other cause. 
(d) As soon as possible after the date on which a petition is filed 
under this section, but in any event not later than 60 days after that 
date, the Secretary shall determine whether the petitioning community, 
or group of communities, meets the requirements of subsection (c) and 
shall issue a certification of eligibility for assistance under this chapter 
covering any community located in the same trade impacted area in 
which the petitioner is located which meets such requirements. 
(e) The Secretary, after consulting the Secretary of Labor, shall 
establish the size and boundaries of each trade impacted area, con-
sidering the criteria in subsection (c) and, to the extent they are 
relevant, the factors specified as criteria for redevelopment areas under 
section 401 of the Public Works and Economic Development Act of 
1965. 
(f) If the Secretary determines that a community requires no addi-
tional assistance under this chapter, he shall terminate the certification 
of eligibility of such community and promptly have notice of such 
termination published in the Federal Eegister. Such termination shall 
take effect on the termination date specified by the Secretary. 
SEC. 272. TRADE IMPACTED AREA COUNCILS. 
(a) Within 60 days after a community is certified under section 271, 
the Secretary shall send his representatives to the trade impacted area 
in which such community is located to inform officials of communi-
ties and other residents of such area about benefits available to them 
under this Act and to assist such officials and residents in establishing 
•a Trade Impacted Area Council for Adjustment Assistance (herein-
after in this chapter referred to as the "Council") for such area. 
(b) (1) The Secretary shall establish, subject to the last sentence of 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2037 
this paragraph, a Council for each trade impacted area in which one 
or more communities are certified under section 271. Such Council 
shall— 
(A) develop a proposal for an adjustment assistance plan for 
the economic rejuvenation of certified communities in its trade 
impacted area, and 
(B) coordinate community action under the adjustment assist-
ance plan, as approved by the Secretary. 
If an appropriate entity for purposes of performing the functions 
specified in subparagraphs (A) and (B) already exists in such area, 
then the Secretary may designate such entity as the Council for such 
area. 
(2) Such Council shall include representatives of certified communi-
ties, industry, labor, and the general public located in the trade 
impacted area covered by the Council. 
(c) Upon application by a Council established under subsection (b), 
the Secretary is authorized to make grants to such Council for main-
taining an appropriate professional and clerical staff. No grant shall 
be made to a Council to maintain staff after the period which ends 2 
years after the date on which such Council is established or designated. 
(d) A Council established under this section may file an applica-
tion with the Secretary for adjustment assistance under this chapter. 
Such application shall include the Council's proposal for an adjust-
ment assistance plan for the communities in its trade impacted area. 
SEC. 273. PROGRAM BENEFITS. 
i9 use 2373. 
(a) Adjustment assistance under this chapter consists of— 
(1) all forms of assistance, other than loan guarantees, which 
are provided to a redevelopment area under the Public Works and 
Economic Development Act of 1965, and 
42 use 3121 
(2) the loan guarantee program described in subsection (d). "°*^' 
(b) No adjustment assistance may be extended to any community 
or person in a trade impacted area under this chapter unless the Sec-
retary approves the adjustment assistance plan submitted to him under 
section 272(d). 
(c) For purposes of the Public Works and Economic Development 
Act of 1965— 
(1) a trade impacted area for which an adjustment assistance 
plan has been approved under section 272(d) shall be treated as 
a redevelopment area, except that—• 
(A) no loan guarantees may be made to any person under 
such Act; and 
(B) no loan or grant may be made to any recipient in such 
an area after September 30, 1980, and 
(2) approval of an adjustment assistance plan submitted under 
section 272(d) shall be treated as approval of an overall eco-
nomic development progi-am under section 202(b) (10) of such 
A c t . 
42 use 3142. 
(d) The Secretary is authorized to guarantee loans for— 
(1) the acquisition, construction, installation, modernization, 
development, conversion, or expansion of land, plant, buildings, 
equipment, facilities, or machinery, and 
(2) working capital, 
made to private borrowers by private lending institutions in connec-
tion with projects in trade impacted areas subject to the same terms 
and conditions to which loan guarantees are subject under section 202 
of the Public Works and Economic Development Act of 1965, includ-
ing record and audit requirements and penalties, except that--
38-194 O - 76 - 46 Pt. 2 
2038 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(1) no new loan ^arantee may be made under this subsection 
after September 30,1982, 
(2) a loan guarantee may be made for the entire amount of 
the outstanding unpaid balance of such loan, and 
(3) no more than 20 percent of the amount of loan guarantees 
made under this subsection by the United States may be made in 
one State. 
(e) The Governor of the State, the authorized representative of the 
community, or the Governor of the State and the authorized repre-
sentative of the community, in which an applicant for a loan guarantee 
under subsection (b) is located may enter into an agreement with the 
Secretary which provides that such State or such community, or that 
such State and such community, will pay not to exceed one-half of the 
amount of any liability which arises on a loan guarantee made under 
subsection (d) if the State in which the applicant for such giiarantee 
is located has established by law a program approved by the Secretary 
for the purposes of this section. 
(f) (1) When considering whether to guarantee a loan to a corpo-
ration which is otherwise qualified for the purposes of subsection (d), 
the Secretary shall give preference to a corporation which agrees with 
respect to such loan to fulfill the following requirements— 
(A) 25 percent of the principal amount of the loan is paid by 
the lender to a qualified trust established under an employee stock 
ownership plan established and maintained by the recipient cor-
poration, by a parent or subsidiary of such corporation, or by 
several corporations including the recipient corporation, 
(B) the employee stock ownership plan meets the requirements 
of this subsection, and 
; 
(C) the agreement among the recipient corporation, the lender, 
and the qualified trust relating to the loan meets the requirements 
of this section. 
(2) An employee stock ownership plan does not meet the require-
ments of this subsection unless the governing instrument of the plan 
provides that— 
(A) the amount of the loan paid under paragraph (1) (A) to 
the qualified trust will be used to purchase qualified employer 
securities, 
(B) the qualified trust will repay to the lender the amount of 
such loan, together with the interest thereon, out of amounts con-
tributed to the trust by the recipient corporation, and 
(C) from time to time, as the qualified trust repays such 
amount, the trust will allocate qualified employer securities among 
the individual accounts of participants and their beneficiaries in 
accordance with the provisions of paragraph (4). 
(3) The agreement among the recipient coi-poration, the lender, 
and the qualified trust does not meet the requirements of this sub-
section unless— 
(A) it is unconditionally enforceable by any party against the 
others, jointly and severally, 
(B) it provides that the liability of the qualified trust to repay 
loan amounts paid to the qualified trust may not, at any time, 
exceed an amount equal to the amount of contributions required 
under paragraph (2) (B) which are actually received by such 
trust, 
(C) it provides that amounts received by the recipient corpo-
ration from the qualified trust for qualified employer securities 
purchased for the purpose of this subsection will be used exclu-
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2039 
sively by the recipient corporation for those purposes for which 
it may use that portion of the loan paid directly to it by the lender, 
(D) it provides that the recipient corporation may not reduce 
the amount of its equity capital during the one year period begin-
ning on the date on which the qualified trust purchases qualified 
employer securities for purposes of this subsection, and 
(E) it provides that the recipient corporation will make contri-
butions to the qualified trust of not less than such amounts as are 
necessary for such trust to meet its obligation to make repayments 
of principal and interest on the amount of the loan received by 
the trust without regard to whether such contributions are deduct-
ible by the corporation under section 404 of the Internal Eevenue 
Code of 1954 and without regard to any other amounts the 
^e use 404. 
recipient corporation is obligated under law to contribute to or 
under the employee stock ownership plan. 
(4) At the close of each plan year, an employee stock ownership 
plan shall allocate to the accounts of participating employees that 
portion of the qualified employer securities the cost of which bears 
substantially the same ratio to the cost of all the qualified employer 
securities purchased under paragraph (2) (A) of this subsection as 
the amount of the loan principal and interest repaid by the qualified 
trust during that year bears to the total amount of the loan principal 
and interest payable by such trust during the term of such loan. 
Qualified employer securities allocated to the individual account of 
a participant during one plan year must bear substantially the same 
proportion to the amount of all such securities allocated to all par-
ticipants in the plan as the amount of compensation paid to such 
participant bears to the total amount of compensation paid to all 
such participants during that year. 
(5) For purposes of this subsection, the term— 
(A) "employee stock ownership plan" means a plan described 
in section 407(d) (6) of the Employee Retirement Income Security 
Act of 1974, section 4975(e) (7) of the Internal Revenue Code of 
1954, and in section 102(5) of the Regional Rail Reorganization 
Act of 1973, which meets the requirements of title I of the 
Employee Retirement Income Security Act of 1974 and of part 
I of subchapter D of chapter 1 of such Code, 
(B) "qualified trust" means a trust established under an 
employee stock ownership plan and meeting the requirements 
of title I of the Employee Retirement Income Security Act of 
1974 and of part I of subchapter D of chapter 1 of such Code, 
(C) "qualified employer securities" means common stock issued 
by the recipient corporation or by a parent or subsidiary of such 
corporation with voting power and dividend rights no less favor-
able than the voting power and dividend rights on other com-
mon stock issued by the issuing corporation and with voting power 
being exercised by the participants in the employee stock owner-
ship plan after it is allocated to their plan accounts, and 
(D) "equity capital" means, with respect to the recipient 
corporation, the sum of its money and other property (in an 
amount equal to the adjusted basis of such property but disregard-
ing adjustments made on account of depreciation or amortization 
made during the period described in paragraph (3)(D)), less 
the amount of its indebtedness. 
(g) The United States share of loan guarantees made under sub- 
^°^". e"^""-
section (d) on loans which are outstanding at any time may not exceed " ' ' '''"''''*'°"-
$500,000,000. 
>= 
J 
J 
De 
An 
An 
45 
finitions. 
te, p. 
te, p. 
use 
Ante, 
p, 
26 use 
. 880, 
. 971 
702. 
, 832 
401. 
2040 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
19 u s e 2374. 
Establishment. 
Transfer of 
funds. 
Appropriations. 
SEC. 274. COMMUNITY ADJUSTMENT ASSISTANCE FUND AND AUTHOR-
IZATION OF APPROPRIATIONS. 
(a) There is established on the books of the Treasury of the United 
States a revolving fund to be known as the Community Adjustment 
Assistance Fund. The fund shall consist of such amounts as may be 
deposited in it pursuant to the authorization in subsection (b) and 
any collections, repayments of loans, or other receipts received under 
the program established in section 273(a). Amounts in the fund may 
be used only to carry out the provisions of sections 272 and 273(b), 
including administrative costs. Amounts appropriated to the fund 
shall be available to the Secretary without fiscal year limitation. Upon 
liquidation of all remaining obligations, any balances remaining in 
the fund after September 30, 1980, shall be transferred to the general 
fund of the Treasury. 
(b) There are authorized to be appropriated to the Community 
Adjustment Assistance Fund, for the purpose of carrying out the 
provisions of sections 272 and 273(a), $100,000,000 for the fiscal year 
ending June 30, 1975, and such sums as may be necessary for the suc-
ceeding 7 fiscal years. 
(c) There are authorized to be appropriated to the Secretary such 
sums as may be necessary for carrying out the loan guarantee program 
under section 273(d). 
CHAPTER 5—MISCELLANEOUS PROVISIONS 
19 u s e 2391. 
Study, report 
to eongress. 
19 u s e 2392. 
Adjustment As-
sistance eoor» 
dinating Com-
mittee. 
Establishment. 
19 u s e 2393. 
Establishment. 
SEC. 280. GENERAL ACCOUNTING OFFICE REPORT. 
(a) The Comptroller General of the United States shall conduct 
a study of the adjustment assistance programs established under chap-
ters 2, 3, and 4 of this title and shall report the results of such study 
to the Congress no later than January 31, 1980. Such report shall 
include an evaluation of— 
(1) the effectiveness of such programs in aiding workers, firms, 
and communities to adjust to changed economic conditions result-
ing from changes in the patterns of international trade; and 
(2) the coordination of the administration of such programs 
and other Government programs which provide unemployment 
compensation and relief to depressed areas. 
(b) In carrying out his responsibilities under this section, the Comp-
troller General shall, to the extent practical, avail himself of the 
assistance of the Departments of Labor and Commerce. The Secretaries 
of Labor and Commerce shall make available to the Comptroller 
General any assistance necessary for an effective evaluation of the 
adjustment assistance programs established under this title. 
SEC. 281. COORDINATION. 
There is established the Adjustment Assistance Coordinating Com-
mittee to consist of a Deputy Special Trade Representative as 
Chairman, and the officials charged with adjustment assistance respon-
sibilities of the Departments of Labor and Commerce and the Small 
Business Administration. It shall be the function of the Committee to 
coordinate the adjustment assistance policies, studies, and programs of 
the various agencies involved and to promote the efficient and effective 
delivery of adjustment assistance benefits. 
SEC. 282. TRADE MONITORING SYSTEM. 
The Secretary of Commerce and the Secretary of Labor shall estab-
lish and maintain a program to monitor imports of articles into the 
United States which will reflect changes in the volume of such imports, 
the relation of such imports to changes in domestic production, changes 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2041 
in employment within domestic industries producing articles like or 
directly competitive with such imports, and the extent to which such 
changes in production and employment are concentrated in specific 
geographic regions of the United States. A summary of the informa- . g"^J^7^s°j^j'^' 
tion gathered under this section shall be published regularly and pro- ince™c"oordlna^ting 
vided to the Adjustment Assistance Coordinating Committee, the committee, inter-
International Trade Commission, and to the Congress. 
c^om'^rssioX and 
SEC. 283. FIRMS RELOCATING IN FOREIGN COUNTRIES. 
^""/use'2394. 
Before moving productive facilities from the United States to a 
foreign country, every firm should— 
(1) provide notice of the move to its employees who are likely 
to be totally or partially separated as a result of the move at least 
60 days before the date of such move, and 
(2) provide notice of the move to the Secretary of Labor and 
the Secretary of Commerce on the same day -it notifies employees 
under paragraph (1). 
(b) It is the sense of the Congress that every such firm should— 
(1) apply for and use all adjustment assistance for which it 
is eligible under this title, 
(2) offer employment opportunities in the United States, if any 
exist, to its employees who are totally or partially separated work-
ers as a result of the move, and 
(3) assist in relocating employees to other locations in the 
United States where employment opportunities exist. 
SEC. 284. EFFECTIVE DATE. 
19 use 2271 
, 
note. 
Chapters 2, 3, and 4 of this title shall become effective on the 90th 
Ante, pp. 2019. 
day following the date of enactment of this Act and shall terminate ^'^^°' ^.°^^' 
m 
1 
c\r\ ^r\nr\ 
Termination 
on September 30, 1982. 
date. 
TITLE III—RELIEF FROM UNFAIR 
TRADE PRACTICES 
CHAPTER 1—FOREIGN IMPORT RESTRICTIONS 
AND EXPORT SUBSIDIES 
SEC. 301. RESPONSES TO CERTAIN TRADE PRACTICES OF FOREIGN 
i9 use 24ii. 
GOVERNMENTS. 
(a) Whenever the President determines that a foreign country or 
instrumentality— 
(1) maintains unjustifiable or unreasonable tariff or other 
import restrictions which impair the value of trade commitments 
made to the United States or which burden, restrict, or discrimi-
nate against United States commerce, 
(2) engages in discriminatory or other acts or policies which 
are unjustifiable or unreasonable and which burden or restrict 
United States commerce, 
(3) provides subsidies (or other incentives having the effect 
of subsidies) on its exports of one or more products to the United 
States or to other foreign markets which have the effect of sub-
stantially reducing sales of the competitive United States product 
or products in the United States or m those other foreign markets, 
or 
(4) imposes unjustifiable or unreasonable restrictions on access 
to supplies of food, raw materials, or manufactured or semimanu-
factured products which burden or restrict United States com-
merce. 
'Commerce." 
2042 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
the President shall take all appropriate and feasible steps within his 
power to obtain the elimination of such restrictions or subsidies, and 
he— 
(A) may suspend, withdraw, or prevent the application of, or 
may refrain from proclaiming, benefits of trade agreement con-
cessions to carry out a trade agreement with such country or in-
strumentality; and 
(B) may impose duties or other import restrictions on the 
products of such foreign country or instrumentality, and may 
impose fees or restrictions on the services of such foreign country 
or instrumentality, for such time as he deems appropriate. 
For purposes of this subsection, the term "commerce" includes services 
associated with the international trade. 
(b) In determining what action to take under subsection (a), the 
President shall consider the relationship of such action to the purposes 
of this Act. Action shall be taken under subsection (a) against the 
foreign country or instrumentality involved, except that, subject to 
the provisions of section 302, any such action may be taken on a non-
discriminatory treatment basis. 
(c) The President in making a determination under this section, 
may take action under subsection (a) (3) with respect to the exports 
of a product to the United States by a foreign country or instru-
mentality if— 
(1) the Secretary of the Treasury has found that such country 
or instrumentality provides subsidies (or other incentives having 
the effect of subsidies) on such exports; 
(2) the International Trade Commission has found that such 
exports to the United States have the effect of substantially reduc-
ing sales of the competitive United States product or products 
in the United States; and 
(3) the President finds that the Antidumping Act, 1921, and 
section 303 of the Tariff Act of 1930 are inadequate to deter such 
practices. 
(d) (1) The President shall provide an opportunity for the 
presentation of views concerning the restrictions, acts, policies, or 
practices referred to in paragraphs (1), (2), (3), and (4) of subsection 
^."•^pi^^^ts, 
^2) Upon complaint filed by any interested party with the Special 
Representative for Trade Negotiations alleging any such restriction, 
act, policy, or practice, the Special Representative shall conduct a 
Hearings. 
rcvicw of the alleged restriction, act, policy, or practice, and, at the 
Fe^e^iTRe^rster ^equest of the complainant, shall conduct public hearings thereon. The 
Special Representative shall have a copy of each complaint filed under 
Report't(^"^" 
*^^® paragraph published in the Federal Register. The Special Rep-
congress. 
reseutativc shall issue regulations concerning the filing of complaints 
and the conduct of reviews and hearings under this paragraph and 
shall submit a report to the House of Representatives and the Senate 
semi-annually summarizing the reviews and hearings conducted by it 
under this paragraph during the preceding 6-month period. 
(e) Before the President takes any action under subsection (a) 
with respect to the import treatment of any product or the treat-
ment of any service— 
(1) he shall provide an opportunity for the presentation of 
views concerning the taking of action with respect to such product 
or service, 
(2) upon request by any interested person, he shall provide 
for appropriate public hearings with respect to the taking of 
action with respect to such product or service, and 
19 use 160. 
19 use 1303. 
review. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2043 
(3) he may request the International Trade Commission for 
its views as to the probable impact on the economy of the United 
States of the taking of action with respect to such product or 
service. 
If the President determines that, because of the need for expeditious 
action under subsection (a), compliance with paragraphs (1) and (2) 
would be contrary to the national interest, then such paragraphs shall 
not apply with respect to such action, but he shall thereafter promptly 
provide an opportunity for the presentation of views concerning the 
action taken and, upon request by any interested person, shall provide 
for appropriate public hearings Avith respect to the action taken. 
The President shall provide for the issuance of regulations concerning 
the filing of requests for, and the conduct of, hearings under this 
subsection. 
SEC. 302. PROCEDURE FOR CONGRESSIONAL DISAPPROVAL OF CER- 
i9 use 24i2. 
TAIN ACTIONS TAKEN UNDER SECTION 301. 
(a) Whenever the President takes any action under subparagraph 
(A) or (B) of section 301(a) with respect to any country or instru-
mentality other than the country or instrumentality whose restriction, 
act, policy, or practice was the cause for taking such action, he shall 
promptly transmit to the House of Representatives and to the Senate 
a document setting forth the action which he has so taken, together 
with his reasons therefor. 
(b) If, before the close of the 90-day period beginning on the day 
on which the document referred to in subsection (a) is delivered to 
the House of Representatives and to the Senate, the two Houses adopt, 
by an affirmative vote of a majority of those present and voting in 
each House, a concurrent resolution of disapproval under the pro-
cedures set forth in section 152, then such action under section 301(a) 
'^"'^' ?• 2004. 
shall have no force and effect beginning with the day after the date 
of the adoption of such concurrent resolution of disapproval, except 
with respect to the country or instrumentality whose restriction, act, 
policy, or practice was the cause for taking such action. 
CHAPTER 2—ANTIDUMPING DUTIES 
SEC. 321. AMENDMENTS TO THE ANTIDUMPING ACT OF 1921. 
(a) Section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), is 
amended— 
(1) by striking out "United States Tariff Commission" in sub-
section (a) and inserting in lieu thereof "United States Interna-
tional Trade Commission (hereinafter called the 'Commission')", 
and by striking out "said" each place it appears in such sub-
section; and 
(2) by striking out subsections (b) and (c) and inserting in 
lieu thereof the following: 
"(b) (1) In the case of any imported merchandise of a class or kind 
as to which the Secretary has not so made public a finding, he shall, 
within six months after the publication under subsection (c) (1) of a 
notice of initiation of an investigation— 
"(A) determine whether there is reason to believe or suspect, 
from the invoice or other papers or from information presented 
to him or to any other person to whom authority under this sec-
tion has been delegated, that the purchase price is less, or that the 
exporter's sales price is less or likely to be less, than the foreign 
market value (or, in the absence of such value, than the con-
structed value); and 
2044 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
Publication in 
Federal Register 
Publication in 
Federal Register. 
Publication in 
Federal Register 
"(B) if his determination is affirmative, publish a notice of that 
fact in the Federal Register, and require, under such regulations 
as he may prescribe, the withholding of appraisement as to 
such merchandise entered, or withdrawn from warehouse, for con-
sumption on or after the date of publication of that notice in the 
Federal Register (or such earlier date, not more than one hundred 
and twenty days before the date of publication under subsection 
(c) (1) of notice of initiation of the investigation, as the Secretary 
may prescribe), until the further order of the Secretary, or until 
the Secretary has made public a finding as provided for in sub-
section (a) in regard to such merchandise; or 
"(C) if his determination is negative (or if he tentatively 
determines that the investigation should be discontinued), publish 
notice of that fact in the Federal Register. 
"(2) If in the course of an investigation under this subsection the 
Secretary concludes that the determination provided for in paragraph 
(1) cannot reasonably be made within six months, he shall publish 
notice of this in the Federal Register, together with a statement of 
reasons therefor, in which case the determination shall be made within 
nine months after the publication in the Federal Register of the notice 
of initiation of the investigation. 
" (3) Within three months after publication in the Federal Register 
of a determination under paragraph (1), the Secretary shall make a 
final determination whether the foreign merchandise in question is 
being or is likely to be sold in the United States at less than its fair 
value (or a final discontinuance of the investigation). 
"(c) (1) The Secretary shall, within thirty days of the receipt of 
information alleging that a particular class or kind of merchandise is 
being or is likely to be sold in the United States or elsewhere at less 
than its fair value and that an industry in the United States is being 
or is likely to be injured, or is prevented from being established, by 
reason of the importation of such merchandise into the United States, 
determine whether to initiate an investigation into the question of 
whether such merchandise in fact is being or is likely to be sold in 
Fe^"^i?Re'°r ^
e 
^^^ United States or elsewhere at less than its fair value. If his deter-
egis er. j^jj^g^^-j^^j^ jg affirmative he shall publish notice of the initiation of such 
an investigation in tlie Federal Register. If it is negative, the inquiry 
shall be closed. 
"(2) If, in the course of making a determination under paragraph 
(1), the Secretary concludes, from the information available to him, 
that there is substantial doubt whether an industry in the United 
States is being or is likely to be injured, or is prevented from being 
established, by reason of the importation of such merchandise into the 
United States, he shall forward to the Commission the reasons for such 
substantial doubt and a preliminary indication, based upon whatever 
price information is available, concerning possible sales at less than 
fair value, including possible margins of dumping and the volume of 
trade. If within thirty days after receipt of such information from the 
Secretar;^, the Commission, after conducting such inquiry as it deems 
appropriate, determines there is no reasonable indication that an indus-
try in the United States is being or is likely to be injured, or is pre-
vented from being established, by reason of the importation of such 
merchandise into the United States, it shall advise the Secretary of 
its determination and any investigation under subsection (b) then in 
progress shall be terminated. 
"(d)(1) Before making any determination under subsection (a), 
the Secretary or the Commission, as the case may be, shall, at the 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2045 
request of any foreign manufacturer or exporter, or any domestic 
importer, of the foreign merchandise in question, or of any domestic 
manufacturer, producer, or wholesaler of merchandise of the same 
class or kind, conduct a hearing at which— 
Hearing. 
"(A) any such person shall have the right to appear by counsel 
or in person; and 
"(B) any other person, firm, or corporation may make applica-
tion and, upon good cause shown, may be allowed by the Secretary 
or the Commission, as the case may be, to intervene and appear 
at such hearing by counsel or in person. 
"(2) The Secretary, upon determining whether foreign merchandise 
Publication in 
is being, or is likely to be, sold in the United States at less than its 
^ ^^^ ^^'^'""' 
fair value, and the Commission, upon making its determination under 
subsection (a), shall publish in the Federal Register such determina-
tion, whether affinnative or negative, together with a complete state-
ment of findings and conclusions, and the reasons or bases therefor, on 
all the material issues of fact or law presented (consistent with con-
fidential treatment granted by the Secretary or the Commission, as the 
case may be, in the course of making its determination). 
"(3) The hearings provided for under this section shall be exempt 
from sections 554, 555, 556, 557, and 702 of title 5 of the United States 
Code. The transcript of any hearing, together with all information 
developed in connection with the investigation (other than items to 
which confidential treatment has been granted by the Secretary or the 
Commission, as the case may be), shall be made available in the man-
ner and to the extent provided in section 552(b) of such title.". 
s use 552. 
(b) Section 203 of the Antidumping Act, 1921 (19 U.S.C. sec. 162), 
is amended to read as follows: 
u 
PURCHASE PRICE 
"SEC. 203. For the purposes of this title, the purchase price of 
imported merchandise shall be the price at which such merchandise 
has been purchased or agreed to be purchased, prior to the time of 
exportation, by the person by whom or for whose account the mer-
chandise is imported, plus, when not included in such price, the cost 
of all containers and coverings and all other costs, charges, and 
expenses incident to placing the merchandise in condition, packed 
ready for shipment to the United States, less the amount, if any, 
included in such price, attributable to any additional costs, charges, 
and expenses, and United States import duties, incident to bringing 
the merchandise from the place of shipment in the country of exporta-
tion to the place of delivery in the United States; and less the amount, 
if included in such price, of any export tax imposed by the country 
of exportation on the exportation of the merchandise to the United 
States; and plus the amount of any import duties imposed by the 
country of exportation which have been rebated, or which have not 
been collected, by reason of the exportation of the merchandise to the 
United States; and plus the amount of any taxes imposed in the 
country of exportation directly upon the exported merchandise or com-
ponents thereof, which have been rebated, or which have not been 
collected, by reason of the exportation of the merchandise to the 
United States, but only to the extent that such taxes are added to or 
included in the price of such or similar merchandise when sold in the 
country of exportation; and plus the amount of any taxes rebated or 
not collected, by reason of the exportation of the merchandise to the 
L^nited States, which rebate or noncollection has been determined by 
2046 
PUBLIC LAW 93-618-JAN. 3, 1975 ' 
[88 STAT. 
the Secretary to be a bounty or grant within the meaning of section 
19 use 1303. 
303 of the Tariff Act of 1930." 
(c) Section 204 of the Antidumping Act, 1921 (19 U.S.C. sec. 163), 
is amended to read as follows: 
"EXPORTER'S SALES PRICE 
"SEC. 204. For the purposes of this title, the exporter's sale price 
of imported merchandise shall be the price at which such merchandise 
is sold or agreed to be sold in the United States, before or after the 
time of importation, by or for the account of the exporter, plus, when 
not included in such price, the cost of all containers and coverings and 
all other costs, charges, and expenses incident to placing the mer-
chandise in condition, packed ready for shipment to the United States, 
less (1) the amount, if any, included in such price, attributable to any 
additional costs, charges, and expenses, and United States import 
duties, incident to bringing the merchandise from the place of ship-
ment in the country of exportation to the place of delivery in the 
United States, (2) the amount of the commissions, if any, for selling 
in the United States the particular merchandise under consideration, 
(3) an amount equal to the expenses, if any, generally incurred by or 
for the account of the exporter in the United States in selling identi-
cal or substantially identical merchandise, (4) the amount of any 
export tax imposed by the country of exportation on the exportation 
of the merchandise to the United States, and (5) the amount of any 
increased value, including additional material and labor, resulting 
from a process of manufacture or assembly performed on the imported 
merchandise after the importation of the merchandise and before its 
sale to a person who is not the exporter of the merchandise within 
19 use 166. 
^jjg meaning of section 207; and plus the amount of any import duties 
imposed by the country of exportation which have been rebated, or 
which have not been collected, by reason of the exportation of the 
merchandise to the United States; and plus the amount of any taxes 
imposed in the country of exportation directly upon the exported mer-
chandise or components thereof, which have been rebated, or which 
have not been collected, by reason of the exportation of the merchan-
dise to the United States, but only to the extent that such taxes are 
added to or included in the price of such or similar merchandise when 
sold in the country of exportation; and plus the amount of any taxes 
rebated, or not collected, by reason of the exportation of the mer-
chandise to the United States, which rebate or noncollection has been 
determined by the Secretary to be a bounty or grant within the mean-
19 usci 3 03. 
• j^g Qf section"303 of the Tariff Act of 1930.'' 
vaLT'^" '"^''"'* 
(^) Section 205 of the Antidumping Act, 1921 (19 U.S.C. sec. 164), 
is amended by adding " ( a ) " immediately before the word "For", and 
by addinsf at the end thereof the following new subsections: 
"(b) Whenever the Secretary has reasonable grounds to believe 
or suspect that sales in the home market of the country of exportation, 
or, as appropriate, to countries other than the United States, have 
been made at prices which represent less than the cost of producing 
the merchandise in question, he shall determine whether, in fact, such 
sales were made at less than the cost of producing the merchandise. 
If the Secretary determines that sales made at less than cost of produc-
tion (1) have been made over an extended period of time and in sub-
stantial quantities, and (2) are not at prices which permit recovery of 
all costs within a reasonable period of time in the normal course of 
trade, such sales shall be disregarded in the determination of foreign 
market value. "Whenever sales are disregarded by virtue of having been 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2047 
made at less than the cost of production and the remaining sales, made 
at not less than cost of production, ai-e determined to be inadecpiate as 
a basis for the determination of forei<»n market value, the Secretary 
shall determine that no foreion market value exists and employ the 
constructed value of the mei'chandise in question. 
"(c) If available information indicates to the Seci-etary that the 
economy of the country from which the merchandise is exported is 
state-control 
led to an extent that sales or offers of sales of such or 
similar merchandise in that country or to countries other than the 
United States do not pei-mit a determination of foreign market value 
under subsection (a), the Secretary shall determine tlie foreign mar-
ket value of the merchandise on the basis of the nor-mal costs, expenses, 
and profits as reflected by either— 
"(1) the prices, determined in accordance with subsection (a) 
and section 202, at which such or similar merchandise of a non- 
^^ ^^'^ ^^^• 
state-controlled-economy country or countries is sold either (A) 
for consumption in the home market of that country or coun-
tries, or (B) to other countries, including the United States; or 
"(2) the constructed value of such or similar merchandise in a 
non-state-controlled-economy country or countries as determined 
under section 206. 
i9 use les. 
"(d) Whenever, in the course of an investigation under this Act, 
the Secretary determines that— 
"(1) merchandise exported to the United States is being pro-
duced in facilities wdiich are owned or controlled, directly or 
indirectly, by a person, firm, or corporation which also owns or 
controls, directly or indirectly, other facilities for the production 
of such or similar merchandise which are located in another 
country or countries: 
"(2) the sales of such or similar merchandise by the company 
concerned in the home market of the exporting country are non-
existent or inadequate as a basis for comparison with the sales 
of the merchandise to the United States; and 
"(3) the foreign market value of such or similar merchandise 
produced in one or more of the facilities outside the country of 
exportation is higher than the foreign market value, or, if there 
is no foreign market value, the constructed value, of such or sim-
ilar merchandise produced in the facilities located in the country 
of exportation, 
he shall determine the foreign market value of such merchandise by 
reference to the foreign market value at which such or similar mer-
chandise is sold in substantial quantities by one or more facilities 
outside the country of exportation. The Secretarv in making any 
determination under this paragraph, shall make adjustments for the 
difference between the costs of production (including taxes, labor, 
materials, and overhead) of such or similar merchandise produced in 
facilities outside the country of exportation and costs of production 
of such or similar merchandise produced in the facilities in the coun-
try of exportation, if such differences are demonstrated to his satis-
faction. For the purpose of this subsection, in determining foreign 
market value of such or similar merchandise produced in a country 
outside of the country of exportation, the Secretary shall determine 
its price at the time of exportation from the country of exportation 
and shall make any adjustments required by section 205(a) for the 
^^ ^^'^ ^^'*' 
cost of all containers and coverings and all other costs, char-ges, and 
expenses incident to placing the merchandise in condition packed 
2048 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
ready for shipment to the United States by reference to such costs in 
the country of exportation." 
(e) Section 212(3) of the Antidumping Act, 1921 (19 U.S.C. sec. 
170a(3)), is amended by striking out subparagraphs (B), (D), and 
(F), and by redesignating subparagraphs (C) and (E) as subpara-
graphs (B) and (C),respectively. 
(f) (1) Section 516 of the Tariff Act of 1930 (19 U.S.C. 1516) is 
amended by redesignating subsections (d), (e), (f), and (g) as sub-
sections (e), (f), (g), and (h), respectively, and by inserting after 
subsection (c) the following new subsection: 
"(d) Within 30 days after a determination by the Secretary— 
"(1) under section 201 of the Antidumping Act, 1921 (19 
U.S.C. 160), that a class or kind of foreign merchandise is not 
being, nor likely to be, sold in the United States at less than its 
fair value, or 
19 use 1303. 
(2) under section 303 of this Act that a bounty or grant is not 
being paid or bestowed, 
an American manufacturer, producer, or wholesaler of merchandise 
of the same class or kind as that described in such determination may 
file with the Secretary a written notice of a desire to contest such deter-
mination. Upon receipt of such notice the Secretary shall cause pub-
lication to be made thereof and of such manufacturer's, producer's, or 
wholesaler's desire to contest the determination. Within 30 days after 
such publication, such manufacturer, producer, or wholesaler may 
commence an action in the United States Customs Court contesting 
such determination.". 
(2) Section 2631(b) of title 28, United States Code, is amended 
by inserting before the period at the end thereof ", or, in the case of 
19 use 1516. 
jjj^ action under section 516(d) of such Act, after the date of publi-
cation of a notice under such section". 
(3) Section 2632 of title 28, United States Code, is amended— 
(A) by striking out the first sentence of subsection (a) and 
inserting in lieu thereof the following: "A party may contest 
(1) denial of a protest under section 515 of the Tariff Act of 
19 use 1515. 
1930, as amended; (2) a decision of the Secretary of the Treasury 
19 use 1516. 
made under section 516 of the Tariff Act of 1930, as amended; 
or (3) a determination by the Secretary of the Treasury under 
Ante, p. 2043. 
scctiou 201 of the Antidumping Act, 1921, as amended, that a 
class or kind of merchandise is not being, nor likely to be, sold 
in the United States at less than its fair value, or under section 
1
9 use 13 03. 
303 of ^j^g Tariff Act of 1930 that a bounty or grant is not being 
paid or bestowed; by bringing a civil action in the Customs 
Court."; 
(B) by inserting after "designee" in subsection (f) "in any 
action brought under subsectio2i (a)(1) or (a)(2)"; and 
(C) by adding at the end thereof the following new subsection: 
" is) Upon service of the summons on the Secretary of the Treasury 
or his designee in an action contesting the Secretary's determination 
under section 201 of the Antidumping Act, 1921, as amended, that a 
class or kind of foreign merchandise is not being, nor likely to be, sold 
in the United States at less than its fair value, the Secretary or his 
designee shall forthwith transmit to the United States Customs Court, 
as the official record of the civil action, a certified copy of the transcript 
of lany hearing held by the Secretary in the particular antidumping 
proceeding pursuant to section 201(d) (1) of the Antidumping Act, 
1921, as amended, and certified copies of all notices, determinations, 
or other matters which the Secretary has caused to be published in the 
In Ira, 
note. 
19 use 
19 
use 
note, 
19 use 
160. 
1516 
160. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2049 
Federal Register in connection with the particular antidumping 
Publication in 
proceeding. Upon service of the summons on the Secretary of the 
^ ^
"
^
^ egister. 
Treasury or his designee in an action contesting the Secretary's deter-
mination under section 303 of the Tariff Act of 1930 that a bounty or 
grant is not being paid or bestowed, the Secretary or his designee 
shall forthwith transmit to the United States Customs Court, as the 
official record of the civil action, a certified copy of the transcript 
of all hearings held by the Secretary in the proceeding which resulted 
in such determination and certified copies of all notices, determina-
tions, or other matters which the Secretary has caused to be published 
in the Federal Register in connection with such proceeding.". 
(g)(1) The amendments made by subsection (a) of this section 
Applicability,, 
shall apply with respect to all questions of dumping raised or presented note. 
on or after the date of the enactment of this Act. 
(2) The amendments made by subsections (b) through (e) of this ^^^l use i62 
section shall apply with respect to all merchandise which is not 
appraised on or before the date of the enactment of this Act; except 
that such amendments shall not apply with respect to any merchandise 
which— 
(A) was exported from the country of exportation before such 
date of the enactment, and 
(B) is subject to a finding under the Antidumping Act, 1921, 
which (i) is outstanding on such date of enactment, or (ii) was 
revoked on or before such date of enactment but is still applicable 
to such merchandise. 
(3) The amendments made by subsection (f) shall apply with 
respect to determinations under section 201 of the Antidumping Act, 
1921, resulting from questions of dumping raised or presented on oi* 
after the date of the enactment of this Act. 
CHAPTER 3—COUNTERVAILING DUTIES 
SEC. 331. AMENDMENTS TO SECTIONS 303 AND 516 OF THE TARIFF ACT 
OF 1930. 
(a) Section 303 of the Tariff Act of 1930 (19 U.S.C. sec. 1303) is 
amended to read as follows: 
"SEC. 303. COUNTERVAILING DUTIES. 
" (a) LEVY or COUNTERVAILING DUTIES.— (1) Whenever any country, 
dependency, colony, province, or other political subdivision of govern-
ment, person, partnership, association, cartel, or corporation, shall pay 
or bestow, directly or indirectly, any bounty or grant upon the manu-
facture or production or export of any article or merchandise manu-
factured or produced in such country, dependency, colony, province, or 
other political subdivision of government, then upon the importation 
of such article or merchandise into the United States, whether the same 
shall be imported directly from the country of production or other-
wise, and whether such article or merchandise is imported in the same 
condition as when exported from the country of production or has been 
changed in condition by remanufacture or otherwise, there shall be 
levied and paid, in all such cases, in addition to any duties otherwise 
imposed, a duty equal to the net amount of such bounty or grant, how-
ever the same be paid or bestowed. 
"(2) In the case of any imported article or merchandise which is 
free of duty, duties may be imposed under this section only if there is 
an affirmative determination by the Commission under subsection 
(b) (1); except that such a determination shall not be required unless 
a determination of injury is required by the international obligations 
of the United States. 
2050 
PUBLIC LAW 93-618~JAN. 3, 1975 
[88 STAT. 
Publication in 
Federal Register, 
Regulations, 
Publication in 
Federal Register. 
" (3) In the case of any imported article or merchandise as to which 
the Secretary of the Treasury (hereafter in this section referred to as 
the 'Secretary') has not determined whether or not any bounty or grant 
is being paid or bestowed— 
"(A) upon the filing of a petition by any person setting forth 
his belief that a bounty or grant is being paid or bestowed, and 
the reasons therefor, or 
"(B) whenever the Secretary concludes, from information pre-
sented to him or to any person to whom authority under this sec-
tion has been delegated, that a formal investigation is warranted 
into the question of whether a bounty or grant is being paid or 
bestowed, 
the Secretary shall initiate a formal investigation to determine 
whether or not any bounty or grant is being paid or bestow^ed and shall 
publish in the Federal Register notice of the initiation of such 
investigation. 
" (4) Within six months from the date on which a petition is filed 
under paragraph (3) (A) or on which notice is published of an inves-
tigation initiated under paragraph (3) (B), the Secretary shall make 
a preliminary determination, and within twelve months from such dat^ 
shall make a final determination, as to whether or not any bounty or 
grant is being paid or bestowed. 
" (5) The Secretary shall from time to time ascertain and determine, 
or estimate, the net amount of each such bounty or grant, and shall 
declare the net amount so determined or estimated. 
"(6) The Secretary shall make all regulations he deems necessary 
for the identification of articles and merchandise subject to duties 
under this section and for the assessment and collection of such duties. 
All determinations by the Secretary under this section, and all deter-
minations by the Commission under subsection (b)(1), (whether 
affirmative or negative) shall be published in the Federal Register, 
"(b) 
INJURY 
DETERMINATIONS W I T H 
RESPECT TO DUTY-FREE 
MERCHANDISE; SUSPENSION OF LIQUIDATION.—(1) Whenever the Sec-
retary makes a final determination under subsection (a) that a bounty 
or grant is beinjs; paid or bestowed with respect to any article or mer-
chandise which is free of duty and a determination by the Commission 
is required under subsection (a) (2), he shall— 
"(A) so advise the Commission, and the Commission shall 
determine within three months thereafter, and after such investi-
gation as it deems necessary, whether an industry in the United 
States is being or is likely to be injured, or is prevented from 
being established, by reason of the importation of such article or 
merchandise into the United States; and the Commission shall 
notify the Secretary of its determination; and 
"(B) require, under such regulations as he may prescribe, the 
suspension of liquidation as to such article or merchandise entered, 
or withdrawn from warehouse, for consumption on or after the 
date of the publication in the Federal Register of his final deter-
mination under subsection (a), and such suspension of liquidation 
shall continue until the further order of the Secretary or until 
he has made public an order as provided for in paragraph (3). 
"(2) For the purposes of this subsection, the Commission shall be 
deemed to have made an affirmative determination if the commis-
sioners voting are evenly divided as to whether its determination 
should be in the affirmative or in the negative. 
"(3) If the determination of the Commission under paragraph 
(1) (A) is in the affirmative, the Secretary shall make public an order 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2051 
directing the assessment and collection of duties in the amount of such 
bounty or grant as is from time to time ascertained and determined, 
or estimated, under subsection (a). 
"(c) 
APPLICATION or AFFIRMATIVE DETERMINATIOX.—An affirma-
tive final determination by the Secretary under subsection (a) with 
respect to any imported article or merchandise shall apply with respect 
to articles entered, or withdrawn from warehouse, for consumption on 
or after the date of the publication in the Federal Register of such 
determination. In the case of any imported article or merchandise 
which is free of duty, so long as a finding of injury is required by the 
international obligations of the United States, the preceding sentence 
shall apply only if the Commission makes an affirmative determination 
of injury under subsection (b)(1). 
"(d) 
TEMPORARY PROVISION WHILE NEGOTIATIONS ARE IN PROC-
ESS.—(1) It is the sense of the Congress that the President, to the 
extent practicable and consistent with United States interests, seek 
through negotiations the establishment of internationally agreed rules 
and procedures governing the use of subsidies (and other export incen-
tives) and the application of countervailing duties. 
"(2) If, after seeking information and advice from such agencies 
as he may deem appropriate, the Secretary of the Treasury determines, 
at any time during the four-year period beginning on the date of the 
enactment of the Trade Act of 1974, that— 
^"^^' p- i^ys. 
"(A) adequate steps have been taken to reduce substantially 
or eliminate during such period the adverse elffect of a bounty 
or grant which he has determined is being paid or bestowed with 
respect to any article or merchandise; 
"(B) there is a reasonable prospect that, under section 102 of 
the Trade Act of 1974, successful trade agreements will be entered 
^"^''> P- 1
^
8
2 „ 
into with foreign countries or instrumentalities providing for the 
reduction or elimination of barriers to or other distortions of 
international trade; and 
"(C) the imposition of the additional duty under this section 
with respect to such article or merchandise would be likely to 
seriously jeopardize the satisfactory completion of such negotia-
tions ; 
the imposition of the additional duty under this section with respect 
to such article or merchandise shall not be required during the 
remainder of such four-year period. This paragraph shall not apply 
Non-rubber foot-
with respect to any case involving non-rubber footwear pending on '^^^'^" 
the date of the enactment of the Trade Act of 1974 until and unless 
agreements which temporize imports of non-rubber footwear become 
effective. 
"(3) The determination of the Secretary under paragraph (2) may 
be revoked by him, in his discretion, at any time, and any determi-
nation made under such paragraph shall be revoked whenever the 
basis supporting such determination no longer exists. The additional 
duty provided under this section shall apply with respect to any 
affected articles or merchandise entered, or withdrawn from ware-
house, for consumption on or after the date of publication of any 
revocation under this subsection in the Federal Register. 
"(e) REPORTS TO CONGRESS.— (1) Whenever the Secretary makes 
a determination under subsection (d) (2) with respect to any article 
or merchandise, he shall promptly transmit to the House of Repre-
sentatives and the Senate a document setting forth the determination, 
together with his reasons therefor. 
" (2) If, at any time after the document referred to in paragraph 
(1) is delivered to the House of Representatives and the Senate, either 
2052 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
the House or the Senate adopts, by an affirmative vote of a majority of 
those present and voting in that House, a resolution of disapproval 
Ante, p. 2004. 
under the procedures set forth in section 152, then such determina-
tion under subsection (d) (2) with respect to such article or merchan-
dise shall have no force or effect beginning with the day after the 
date of the adoption of such resolution of disapproval, and the 
additional duty provided under this section with respect to such 
article or merchandise shall apply with respect to articles or 
merchandise entered, or withdrawn from warehouse, for consumption 
on or after such day.". 
(b) So much of cectioii 516 of the Tariff Act of 1930 (19 U.S.C. 
1516) as precedes subsection (d) is amended to read as follows: 
"SEC. 516. PETITIONS BY AMERICAN MANUFACTURERS, PRODUCERS, 
OR WHOLESALERS. 
"(a) The Secretary shall, upon written request by an American 
manufacturer, producer, or wholesaler, furnish the classification, the 
Ante, p. 2049. 
J.Q^Q Q
-
f duty, the additional duty described in section 303 of this Act 
(hereinafter in this section referred to as 'countervailing duties'), if 
any, and the special duty described in section 202 of the Antidumping 
1
9 use 161. 
J^QI^ 1921 (hereinafter in this section referred to as 'antidumping 
duties'), if any, imposed upon designated imported merchandise of a 
class or kind manufactured, produced, or sold at wholesale by him. If 
such manufacturer, producer, or wholesaler believes that the appraised 
value is too low, that the classification is not correct, that the proper 
rate of duty is not being assessed, or that countervailing duties or anti-
dumping duties should be assessed, he may file a petition with the 
Secretary setting forth (1) a description of the merchandise, (2) the 
appraised value, the classification, or the rate or rates of dut^ that he 
believes proper, and (3) the reasons for his belief including, m appro-
priate instances, the reasons for his belief that countervailing duties 
or antidumping duties should be assessed. 
"(b) If, after receipt and consideration of a petition filed by an 
American manufacturer, producer, or wholesaler, the Secretary decides 
that the appraised value of the merchandise is too low, that the classi-
fication of the article or rate of duty assessed thereon is not correct, 
or that countervailing duties or antidumping duties should be assessed, 
he shall determine the proper appraised value or classification, rate of 
duty, or countervailing duties, or antidumping duties and shall notify 
the petitioner of his determination. Except for countervailing duty 
and antidumping duty purposes, all such merchandise entered for 
consumption or withdrawn from warehouse for consumption more 
than thirty days after the date such notice to the petitioner is published 
in the weekly Customs Bulletin shall be appraised or classified or 
assessed as to rate of duty in accordance with the Secretary's deter-
mination. For countervailing duty purposes, the procedures set forth 
in section 303 shall apply. For antidumping duty purposes, the pro-
Ante, p. 2043. 
gedures set forth in section 201 of the Antidumping Act, 1921, shall 
apply. 
"(c) If the Secretary decides that the appraised value or classifica-
tion of the articles or the rate of duty with respect to which a petition 
was filed pursuant to subsection (a) is correct, or that countervailing 
duties or antidumping duties should not be assessed, he shall so inform 
the petitioner. If dissatisfied with the decision of the Secretary, the 
petitioner may file with the Secretary, not later than thirty days after 
the date of the decision, notice that he desires to contest the appraised 
value or classification of, or rate of duty assessed upon or the failure to 
assess countervailing duties or antidumping duties upon, the merchan-
dise. Upon receipt of notice from the petitioner, the Secretary shall 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2053 
cause publication to be made of his decision as to the proper appraised 
value or classification or rate of duty or that countervailing duties or 
antidumping duties should not be assessed and of the petitioner's desire 
to contest, and shall thereafter furnish the petitioner with such infor-
mation as to the entries and consignees of such merchandise, entered 
after the publication of the decision of the Secretary at such ports of 
entry designated by the petitioner in his notice of desire to contest, as 
will enable the petitioner to contest the appraised value or classifica-
tion of, or rate of duty imposed upon or failure to assess countervailing 
duties or antidumping duties upon, such merchandise in the liquidation 
of one such entry at such port. The Secretary shall direct the appro-
priate Customs officer at such ports to notify the petitioner by mail 
immediately when the first of such entries is liquidated." 
(c) Section 515(d) of the Tariff Act of 1930 (19 U.S.C. 1315(d)) 
is amended by inserting before the period at the end thereof "or the 
imposition of countervailing duties under section 303". 
^"'e, p. 2049. 
(d) (1) The amendments made by this section shall take effect on the 
Effective date. 
date of the enactment of this Act. 
note."^^ ^ ^ °^ 
(2) For purposes of applying the provisions of section 303(a) (4) 
of the Tariff Act of 1930 (as amended by subsection (a)) with respect 
to any investigation which was initiated before the date of the enact-
ment of this Act under section 303 of such Act (as in effect before such 
date), such investigation shall be treated as having been initiated on 
the day after such date of enactment under section 303(a) (3) (B) of 
such Act. 
(3) Any article which is entered or withdrawn from warehouse free 
of duty as a result of action taken under title V of this Act shall be 
considered a nondutiable article for purposes of section 303 of the 
Tariff Act of 1930, as amended (19 U.S.C. sec. 1303). 
CHAPTER 4—UNFAIR IMPORT PRACTICES 
SEC. 341. AMENDMENT TO SECTION 337 OF THE TARIFF ACT OF 1930. 
(a) Section 337 of the Tariff Act of 1930 (19 U.S.C. 1337-) is 
amended to read as follows: 
"SEC. 337. UNFAIR PRACTICES IN IMPORT TRADE. 
"(a) 
UNFAIR METHODS OF COMPETITION DECLARED UNLAWFUL.— 
Unfair methods of competition and unfair acts in the importation of 
articles into the United States, or in their sale by the owner, importer, 
consignee, or agent of either, the effect or tendency of which is to 
destroy or substantially injure an industry, efficiently and economically 
operated, in the United States, or to prevent the establishment of 
such an industry, or to restrain or monopolize trade and commerce in 
the United States, are declared unlawful, and when found by the 
Commission to exist shall be dealt with, in addition to any other 
provisions of law, as provided in this section. 
"(b) 
INVESTIGATIONS OF VIOLATIONS BY COMMISSION ; TIME LIMITS.— 
(1) The Commission shall investigate any alleged violation of this 
section on complaint under oath or upon its initiative. Upon com- 
Publication in 
mencing any such investigation, the Commission shall publish notice ^^'^"^^ Register. 
thereof in the Federal Register. The Commission shall conclude any 
such investigation, and make its determination under this section, at ^ Publication in 
the earliest practicable time, but not later than one year (18 months '^"^"""' "^"~'-*-
in more complicated cases) after the date of publication of notice of 
such investigation. The Commission shall publish in the Federal 
Register its reasons for designating any investigation as a more com-
plicated investigation. For purposes of the one-year and 18-month 
periods prescribed by this subsection, there shall be excluded any 
Federal Register. 
2054 
PUBLIC LAW 93-618-J 
AN. 3, 1975 
[88 STAT. 
period of time during which such investigation is suspended because 
of proceedings in a court or agency of the United States involving 
similar questions concerning the subject matter of such investigation. 
"(2) During the course of each investigation under this section, the 
Commission snail consult with, and seek advice and information from, 
the Department of Health, Education, and Welfare, the Department 
of Justice, the Federal Trade Commission, and such other departments 
and agencies as it considers appropriate. 
"(3) Whenever, in the course of an investigation under this section, 
the Commission has reason to believe, based on information before it, 
that the matter may come within the purview of section 303 or of the 
Ante, p. 2049. 
Antidumping Act, 1921, it shall promptly notify the Secretary of the 
Treasury so that such action may be taken as is otherwise authorized 
by such section and such Act. 
"(c) DETERMINATIONS; KEVIEW.—^The Commission shall determine, 
with respect to each investigation conducted by it under this section. 
Hearing. 
whether or not there is a violation of this section. Each determination 
under subsection (d) or (e) shall be made on the record after notice 
and opportunity for a hearing in conformity with the provisions of 
5 use 551. 
subchapter I I of chapter 5 of title 5, United States Code. All legal 
and equitable defenses may be presented in all cases. Any person 
adversely affected by a final determination of the Commission under 
subsection (d) or (e) may appeal such determination to the United 
States Court of Customs and Patent Appeals. Such court shall have 
jurisdiction to review such determination in the same manner and 
subject to the same limitations and conditions as in the case of appeals 
from decisions of the United States Customs Court. 
"(d) EXCLUSION OF ARTICLES FROM ENTRY.—If the Commission 
determines, as a result of an investigation under this section, that 
there is violation of this section, it shall direct that the articles con-
cerned, imported by any person violating the provision of this section, 
be excluded from entry into the United States, unless, after consider-
ing the effect of such exclusion upon the public health and welfare, 
competitive conditions in the United States economy, the production 
of like or directly competitive articles in the United States, and United 
States consumers, it finds that such articles should not be excluded 
from entry. The Commission shall notify the Sexiretary of the Treasury 
of its action under this subsection directing such exclusion from entry, 
and upon receipt of such notice, the Secretary shall, through the 
proper officers, refuse such entry. 
"(e) 
EXCLUSION OF ARTICLES FROM ENTRY DURING INVESTIGATION 
EXCEPT UNDER BOND.—If, during the course of an investigation under 
this section, the Commission determines that there is reason to believe 
that there is a violation of this section, it may direct that the articles 
concerned, imported by any person with respect to whom there is Reason 
to believe that such person is violating this section, be excluded from 
entry into the United States, unless, after considering the effect of 
such exclusion upon the public health and welfare, competitive con-
ditions in the United States economy, the production of like or directly 
competitive articles in the United States, and United States consumers, 
it finds that such articles should not be excluded from entry. The 
Commission shall notify the Secretary of the Treasury of its action 
under this subsection directing such exclusion from entry, and upon 
receipt of such notice, the Secretary shall, through the proper officers, 
refuse such entry, except that such articles shall be entitled to entry 
under bond determined by the Commission and prescribed by the 
Secretary. 
Publication in 
Federal Register. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2055 
"(f) 
CEASE AND DESIST ORDERS.—In lieu of taking action under 
subsection (d) or (e). the Commission may issue and cause to be 
served on any person violating this section, or believed to be violating 
this section, as the case may be, an order directing such person to 
cease and desist from engaging in the unfair methods or acts involved, 
unless after considering the effect of such order upon the public health 
and welfare, competitive conditions in the United States economy, the 
production of like or directly competitive articles in the United 
States, and United States consumers, it finds that such order should 
not be issued. The Commission may at any time, upon such notice 
and in such manner as it deems pi'oper, modify or revoke any such 
order, and, in the case of a revocation, may take action under subsection 
(d) or (e), as the case may be. 
"(g) REFERRAL TO THE PRESIDENT.— (1) If the Commission deter-
mines that there is a violation of this section, or that, for purposes 
of subsection (e), there is reason to believe that there is such a viola-
tion, it shall— 
"(A) publish such determination in the Federal Register, and 
"(B) transmit to the President a copy of such determination 
and the action taken under subsection (d), (e), or (f), with 
respect thereto, together with the record upon which such deter-
mination is based. 
"(2) If, before the close of the OO-day period beginning on the 
day after the day on which he receives a copy of such determination, 
the President, for policy reasons, disapproves such determination and 
notifies the Commission of his disapproval, then, eii'ective on the dsite 
of such notice, such determination and the action taken under subsec-
tion (d), (e), or (f) with respect thereto shall have no force or efi'ect. 
"(8) Subject to the provisions of paragraph (2), such determina-
tion shall, except for purposes of subsection (c), be efi'ective upon 
publication thereof in the Federal Register, and the action taken under 
subsection (d), (e), or (f) with respect thereto shall be effective as 
provided in such subsections, except that articles directed to be 
excluded from entry under subsection (d) or subject to a cease and 
desist order under subsection (f) shall be entitled to entry under 
bond determined by the Commission and prescribed by the Secretary 
until such determination becomes final, 
"(4) If the President does not disapprove such determination 
within such 60-day period, or if he notifies the Commission before the 
close of such period that he approves such determination, then, for 
purposes of paragraph (3) and subsection (c) such determination 
shall become final on the day after the close of such period or the day 
on which the President notifies the Commission of his approval, as 
the case may be. 
"(h) PERIOD OF EFFEC/JTVENESS.—Except as provided in subsections 
(f) and (g), any exclusion from entry or order under this section 
shall continue in effect until the Commission finds, and in the case of 
exclusion from entry notifies the Secretary of the Treasury, that the 
conditions which led to such exclusion from entry or order no longer 
exist. 
"(i) 
IMPORTATIONS BY OR FOR THE IGNITED STATES.—Any exclusion 
from entry or order under subsection (d), (e), or (f), in cases based on 
claims of United States letters patent, shall not apply to any articles 
imported by and for the use of the United States, or imported for, 
and to be used for, the United States with the authorization oi- consent 
of the Government. Whenever any article w^ould have been excluded 
from entry or would not have been entered pursuant to tlie provisions 
of such subsections but for the operation of this subsection, a patent 
owner adversely affected shall be entitled to reasonable and entire 
2056 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
compensation in an action before the Court of Claims pursuant to the 
procedures of section 1498 of title 28, United States Code, 
"(j) DEFINITION OF UNITED STATES.—For purposes of this section 
1340"^*^ ^^^^' 
^^^ sections 338 and 340, the term 'United States' means the customs 
territory of the United States as defined in general headnote 2 of the 
Tariff Schedules of the United States." 
(b) Section 332(g) of the Tariff Act of 1930 (19 U.S.C. 1332(g)) 
is amended by adding at the end thereof the following new sentence: 
Annual report. 
"Each such aunual report shall include a list of all complaints filed 
Ante, p. 2053. 
under section 337 during the year for which such report is being made, 
the date on which each such complaint was filed, and the action taken 
thereon, and the status of all investigations conducted by the commis-
sion under such section during such year and the date on which each 
such investigation was commenced." 
Effective date. 
/(j\ 'pj^g amcndmcuts made by this section shall take effect on the 
19 imc* 1337 
^ 
• 
note. 
90th day after the date of the enactment of this Act, except that, for 
purposes of issuing regulations under section 337 of the Tariff Act of 
1930, such amendments shall take effect on the date of the enactment 
of this Act. For purposes of applying section 337(b) of the Tariff 
Act of 1930 (as amended by subsection (a)) with respect to investi-
gations being conducted by the International Trade Commission under 
section 337 of the Tariff Act on the day prior to the 90th day after the 
date of the enactment of this Act, such investigations shall be con-
sidered as having been commenced on such 90th day. 
TITLE 
IV—TRADE 
RELATIONS 
WITH 
COUNTRIES NOT CURRENTLY RECEIV-
ING 
NONDISCRIMINATORY 
TREAT-
MENT 
19 use 2431. 
SEC. 401. EXCEPTION OF THE PRODUCTS OF CERTAIN COUNTRIES OR 
AREAS. 
Except as otherwise provided in this title, the President shall con-
tinue to deny nondiscriminatory treatment to the products of any 
country, the products of which were not eligible for the rates set forth 
19 use 1202. 
jjj j.g^^g column numbered 1 of the Tariff Schedules of the United States 
on the date of the enactment of this Act. 
SEC. 402. FREEDOM OF EMIGRATION IN EAST-WEST TRADE. 
(a) To assure the continued dedication of the United States to 
fundamental human rights, and notwithstanding any other provision 
of law, on or after the date of the enactment of this Act products from 
any nonmarket economy country shall not be eligible to receive non-
discriminatory treatment ^most-favored-nation treatment), such coun-
try shall not participate m any program of the Government of the 
United States which extends credits or credit guarantees or investment 
guarantees, directly or indirectly, and the President of the United 
States shall not conclude any commercial agreement with any such 
country, during the period beginning with the date on which the 
President determines that such country—• 
(1) denies its citizens the right or opportunity to emigrate; 
(2) imposes more than a nominal tax on emigration or on the 
visas or other documents required for emigration, for any purpose 
or cause whatsoever; or 
(3) imposes more than a nominal tax, levy, fine, fee, or other 
charge on any citizen as a consequence of the desire of such citizen 
to emigrate to the country of his choice. 
19 u s e 2432. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2057 
and ending on the date on which the President determines that such 
country is no longer in violation of paragraph (1), (2), or (3). 
(b) After the date of the enactment of this Act, (A) products ^^^""^'J^J^^. 
of a nonmarket economy country may be eligible to receive nondis- ^rie", product's, 
criminatory treatment (most-favored-nation treatment), (B) such eligibility. 
country may participate in any program of the Government of the 
United States which extends credits or credit guarantees or investment 
guarantees, and (C) the President may conclude a commercial agree- 
Report to 
ment with such country, only after the President has submitted to the Congress. 
Congress a report indicating that such country is not in violation of 
paragraph (1), (2), or (3) of subsection (a). Such report with respect 
to such country shall include information as to the nature and imple-
mentation of emigration laws and policies and restrictions or discrim-
ination applied to or against persons wishing to emigrate. The report 
required by this subsection shall be submitted initially as provided 
herein and, Avith current information, on or before each June 30 and 
December 31 thereafter so long as such treatment is received, such 
credits or guarantees are extended, or such agreement is in effect. 
(c) (1) During the 18-month period beginning on the date of the 
waiver. 
enactment of this Act, the President is authorized to waive by Execu-
tive order the application of subsection (a) and (b) with respect to 
any country, if he reports to the Congress that— 
(A) he has determined that such waiver will substantially pro-
mote the objectives of this section; and 
(B) he has received assurances that the emigration practices 
of that country will henceforth lead substantially to the achieve-
ment of the objectives of this section. 
(2) During any period subsequent to the 18-month period referred 
to in paragraph (1), the President is authorized to waive by Execu-
tive order the application of subsections (a) and (b) with respect to 
any country, if the waiver authority granted by this subsection con-
tinues to apply to such country pursuant to subsection (d), and if he 
reports to the Congress that— 
(A) he has determined that such waiver will substantially pro-
mote the objectives of this section; and 
(B) he has received assurances that the emigration practices of 
that country will henceforth lead substantially to the achievement 
of the objectives of this section; 
(3) A waiver with respect to any country shall terminate on the 
Termination. 
day after the waiver authority granted by this subsection ceases to be 
effective with respect to such country pursuant to subsection (d). The 
President may, at any time, terminate by Executive order any waiver 
granted under this subsection. 
(d) (1) If the President determines that the extension of the waiver .
^ ^^i^ff„'l"l^'""" 
authority granted by subsection (c) (1) will substantially promote the 
objectives of this section, he may recommend to the Congress that such 
authority be extended for a period of 12 months, A.ny such recom-
mendation shall— 
(A) be made not later than ,30 days before the expiration of 
such authority; 
(B) be made in a document transmitted to the House of Repre-
sentatives and the Senate setting forth his reasons for recommend-
ing the extension of such authority; and 
(C) include, for each country with respect to which a waiver 
granted under subsection (c) (1) is in effect, a determination that 
continuation of the waiver applicable to that country will sub-
stantially promote the objectives of this section, and a statement 
setting forth his reasons for such determination. 
ity, extension. 
2058 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(2) If the President recommends under paragraph (1) the exten-
sion of the waiver authority granted by subsection (c) (1), such author-
ity shall continue in effect with respect to any country for a period 
of 12 months following the end of the 18-month period referred to 
in subsection (c) (1), if, before the end of such 18-month period, the 
House of Representatives and the Senate adopt, by an affirmative vote 
of a majority of the Members present and voting in each House and 
Ante, p. 2006. 
under the procedures set forth in section 153, a concurrent resolution 
approving the extension of such authority, and such resolution does 
not name such country as being excluded from such authority. Such 
authority shall cease to be effective with respect to any country named 
in such concurrent resolution on the date of the adoption of such con-
current resolution. If before the end of such 18-month period, a 
concurrent resolution approving the extension of such authority is 
not adopted by the House and the Senate, but both the House and 
Senate vote on the question of final passage of such a concurrent 
resolution and— 
(A) both the House and the Senate fail to pass such a concur-
rent resolution, the authority granted by subsection (c) (1) shall 
cease to be effective with respect to all countries at the end of such 
18-month period; 
(B) both the House and the Senate pass such a concurrent 
resolution which names such country as being excluded from such 
authority, such authority shall cease to be effective with respect 
to such country at the end of such 18-month period; or 
(C) one House fails to pass such a concurrent resolution and 
the other House passes such a concurrent resolution which names 
such country as being excluded from such authority, such author-
ity shall cease to be effective with respect to such country at the 
end oi such 18-month period. 
(3) If the President recommends under paragraph (1) the exten-
sion of the waiver authority granted by subsection (c) (1), and at the 
end of the 18-month period referred to in subsection (c) (1) the House 
of Representatives and the Senate have not adopted a concurrent reso-
lution approving the extension of such authority and subparagraph 
(A) of paragraph (2) does not apply, such authority shall continue 
in effect for a period of 60 days following the end of such 18-month 
period with respect to any country (except for any country with 
respect to which such authority w^as not extended by reason of the 
application of subparagraph (B) or (C) of paragraph (2)), and 
shall continue in effect for a period of 12 months followini; the end 
of such 18-month period with respect to any such country if, before 
the end of such 60-day period, the House of Representatives and the 
Senate adopt, by an affirmativ^e vote of a majority of the Members 
present and voting in each House and under the procedures set forth 
m section 153, a concurrent resolution approving the extension of such 
authority, and such resolution does not name such country as being 
excluded from such authority. Such authority shall cease to be effec-
tive with respect to any country named in such concurrent resolution 
on the date of the adoption of such concurrent resolution. If before 
the end of such 60-day period, a concurrent resolution approving the 
extension of such authority is not adopted by the House and Senate, 
but both the House and Senate vote on the question of final passage of 
such a concurrent resolution and—• 
(A) both the House and the Senate fail to pass such a concur-
rent resolution, the authority granted by subsection (c) (1) shall 
cease to be effective with respect to all countries on the date of the 
vote on the question of final passage by the House which votes 
last; 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2059 
(B) both the House and the Senate pass such a concurrent 
resolution which names such country as being excluded from such 
authority, such authority shall cease to be effective with respect 
to such country at the end of such 60-day period; or 
(C) one House fails to pass such a concurrent resolution and 
the other House passes such a concurrent resolution which names 
such country as being excluded from such authority, such author-
ity shall cease to be effective with respect to such country at the 
end of such 60-day period. 
(4) If the President recommends under paragraph (1) the exten-
sion of the waiver authority granted by subsection (c) (1), and at the 
end of the 60-day period referred to in paragraph (3) the House of 
Representatives and the Senate have not adopted a concurrent reso-
lution approving the extension of such authority and subparagraph 
(A) of paragraph (3) does not apply, such authority shall continue 
in effect until the end of the 12-month period following the end of the 
18-month period referred to in subsection (c) (1) with respect to any 
country (except for any country with respect to which such authority 
was not extended by reason of the application of subparagraph (B) 
or (C) of paragraph (2) or subparagraph (B) or (C) of paragraph 
(3)), unless before the end of the 45-day period following such 60-day 
period either the House of Representatives or the Senate adopts, by 
an affirmative vote of a majority of the Members present and voting 
in that TTonse and under the procedures set forth in section 153, a reso-
lution disapproving the extension of such authority generally or with 
respect to such country specifically. Such authority shall cease to be 
efjective with respect to all countries on the date of the adoption by 
either House before the end of such 45-day period of a resolution dis-
approving the extension of such authority, and shall cease to be effec-
tive with respect to any country on the date of the adoption by either 
House before the end of such 45-day period of a resolution disapprov-
ing the extension of such authority with respect to such country. 
(5) If the Avaiver authority granted by subsection (c) has been 
waiver author-
extended under paragraph (3) or (4) for any country for the 12- ^^/^'^^^''ther exten-
month period referred to in such paragraphs, and the President deter-
mines that the further extension of such authority will substantially 
promote the obiectiv^es of this section, he may recommend further 
extensions of such authority for successive 12-month periods. Any such 
recommendations shall— 
(A) be made not later than 30 days before the expiration of 
such authority; 
(B) be made in a document transmitted to the House of Repre-
sentatives and the Senate setting forth his reasons for recom-
mending the extension of such authority; and 
(C) include, for each country with respect to which a waiver 
granted under subsection (c) is in effect, a determination that 
continuation of the waiver applicable to that country will sub-
stantially promote the objectives of this section, and a statement 
setting forth his reasons for such determination. 
If the President recommends the further extension of such authoi-itv, 
such authority shall continue in effect until the end of the 12-month 
period following the end of the previous 12-month extension with 
respect to any country (except for any country with respect to which 
such authoritv has not been extended under this subsection), unless 
before the end of the 60-day period following such previous 12-month 
extension, either the House of Representatives or the Senate adopts, 
by an affirmative vote of a majority of the Members present and voting 
in that House and vmder the procedures set forth in section 153, a ^"f^, p. 2006. 
2060 
PUBLIC L
A
W 93-618-JAN. 3, 1975 
[88 STAT. 
resolution disapproving the extension of such authority generally or 
with respect to such country specifically. Such authority shall cease 
to be effective with respect to all countries on the date of the adoption 
by either House before the end of such 60-day period of a resolution 
disapproving the extension of such authority, and shall cease to be 
effective with respect to any country on the date of the adoption by 
either House before the end of such 60-da^ period of a resolution 
disapproving the extension of such authority with respect to such 
country. 
(e) This section shall not apply to any country the products of 
which are eligible for the rates set forth in rate column numbered 1 
19 use 1202. 
^f ti^e Tariff Schedules of the United States on the date of the enact-
ment of this Act. 
19 use 2433. 
SEC. 403. UNITED STATES PERSONNEL MISSING IN ACTION IN SOUTH-
EAST ASIA. 
(a) Notwithstanding any other provision of law, if the President 
determines that a nonmarket economy country is not cooperating with 
the United States— 
(1) to achieve a complete accounting of all United States 
military and civilian personnel who are missing in action in 
Southeast Asia, 
(2) to repatriate such personnel who are alive, and 
(3) to return the remains of such personnel who are dead to the 
United States, 
then, during the period beginning with the date of such determina-
tion and ending on the date on which the President determines such 
country is cooperating with the United States, he may provide that— 
(A) the products of such country may not receive nondiscrimi-
natory treatment, 
(B) such country may not participate, directly or indirectly, 
in any program under which the United States extends credit, 
credit guarantees, or investment guarantees, and 
(C) no commercial agreement entered into under this title 
between such country and the United States will take effect. 
(b) This section shall not apply to any country the products of 
which are eligible for the rates set forth in rate column numbered 1 
19 use 1202. 
^f ^^^ rp^^j^ Schedules of the United States on the date of the enact-
ment of this Act. 
19 use 2434. 
sEc^ 404. EXTENSION OF NONDISCRIMINATORY TREATMENT. 
(a) Subject to the provisions of section 405(c), the President may 
by proclamation extend nondiscriminatory treatment to the products 
of a foreign country which has entered into a bilateral commercial 
agreement referred to in section 405. 
(b) The application of nondiscriminatory treatment shall be limited 
to the period of effectiveness of the obligations of the United States 
to such country under such bilateral commercial agreement. In addi-
tion, in the case of any foreign country receiving nondiscriminatory 
treatment pursuant to this title which has entered into an agreement 
with the United States regarding the settlement of lend-lease reciprocal 
aid and claims, the application of such nondiscriminatory treatment 
shall be limited to periods during which such country is not in arrears 
on its obligations under such agreement. 
(c) The President may at any time suspend or withdraw any exten-
sion of nondiscriminatory treatment to any country pursuant to sub-
section (a), and thereby cause all products of such country to be 
dutiable at the rates set forth in rate column numbered 2 of the Tar-
19 use 1202. 
^Q Schedules for the United States. 
88 
STAT.] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2061 
19 u s e 2435. 
SEC. 405. AUTHORITY TO ENTER INTO COMMERCIAL AGREEMENTS. 
(a) Subject to the provisions of subsections (b) and (c) of this sec-
tion, the President may authorize the entry into force of bilateral 
commercial agreements providing nondiscriminatory treatment to the 
products of countries heretofore denied such treatment whenever he 
determines that such agreements with such countries will promote the 
purposes of this Act and are in the national interest. 
(b) Any such bilateral commercial agreement shall— 
(1) be limited to an initial period specified in the agreement 
which shall be no more than 3 years from the date the agreement 
enters into force; except that it mav be renewable for additional 
periods, each not to exceed 3 years; ir— 
(A) a satisfactory balance of concessions in trade and serv-
ices has been maintained during the life of such agreement, 
and 
(B) the President determines that actual or foreseeable 
reductions in United States tariffs and nontariff barriers to 
trade resulting from multilateral negotiations are satisfac-
torily reciprocated by the other party to the bilateral 
agreement; 
(2) provide that it is subject to suspension or termination at 
any time for national security reasons, or that the other provisions 
of such agreement shall not limit the rights of any party to take 
any action for the protection of its security interests; 
(3) include safeguard arrangements (A) providing for prompt 
consultations whenever either actual or prospective imports cause 
or threaten to cause, or significantly contribute to, market disrup-
tion and (B) authorizing the imposition of such import restric-
tions as may be appropriate to prevent such market disruption; 
(4) if the other party to the bilateral agreement is not a party 
to the Paris Convention for the Protection of Industrial Property, 
provide rights for United States nationals with respect to patents 
and trademarks in such country not less than the rights specified 
in such convention; 
(5) if the other party to the bilateral agreement is not a party 
to the Universal Copyright Convention, provide rights for 
^ UST 2731, 
United States nationals with respect to copyrights in such 
country not less than the rights specified in such convention; 
(6) in the case of an agreement entered into or renewed after 
the date of the enactment of this Act, provide arrangements for 
the protection of industrial rights and processes; 
(7) provide arrangements for the settlement of commercial 
differences and disputes; 
(8) in the case of an agreement entered into or renewed after 
the date of the enactment of this Act, provide arrangements for 
the promotion of trade, which may include those for the estab-
lishment or expansion of trade and tourist promotion offices, for 
facilitation of activities of governmental commercial officers, par-
ticipation in trade fairs and exhibits, and the sending of trade 
missions, and for facilitation of entry, establishment, and travel 
of commercial representatives; 
(9) provide for consultations for the purpose of reviewing the 
operation of the agreement and relevant aspects of relations 
between the United States and the other party; and 
(10) provide such other arrangements of a commercial nature 
as will promote the purposes of this Act. 
(c) An agreement referred to in subsection (a), and a proclamation 
referred to in section 404(a) implementing such agreement, shall 
take effect only if (1) approved by the Congress by the adoption of a 
21 UST 1583. 
2062 
PUBLIC LAW 93-618-J 
AN. 3, 1975 
[88 
STAT. 
Ante, p. 2001. 
Ante, p. 2004. 
19 u s e 2436. 
Ante, 
p. 2011. 
Report to 
President. 
Publication in 
Federal Register. 
Ante, 
pp. 2014, 
2015. 
Investigation. 
Emergency 
action. 
concurrent resolution referred to in section 151, or (2) in the case of 
an agreement entered into before the date of the enactment of this 
Act and a proclamation implementing such agreement, a resolution of 
disapproval referred to in section 152 is not adopted during the 90-day 
period specified by section 407(c) (2). 
SEC. 406. MARKET DISRUPTION. 
(a) (1) Upon the filing of a petition by an entity described in sec-
tion 201(a) (1), upon request of the President or the Special Repre-
sentative for Trade Negotiations, upon resolution of either the 
Committee on Ways and Means of the House of Representatives or the 
Committee on Finance of the Senate, or on its own motion, the Inter-
national Trade Commission (hereafter in this section referred to as 
the "Commission") shall promptly make an investigation to determine, 
with respect to imports of an article which is the product of a Com-
munist country, whether market disruption exists with respect to an 
article produced by a domestic industry. 
(2) The provisions of subsections (a) (2), (b) (3), and (c) of sec-
tion 201 shall apply wdth respect to investigations by the Commission 
under paragraph (1). 
(3) The Commission shall report to the President its determination 
with respect to each investigation under paragraph (1) and the basis 
therefor and shall include in each report any dissenting or separate 
views. If the Commission finds, as a result of its investigation, that 
market disruption exists with respect to an article produced by a 
domestic industry, it shall find the amount of the increase in, or imposi-
tion of, any duty or other import restriction on such article which is 
necessary to prevent or remedy such market disruption and shall 
include such finding in its report to the President, The Commission 
shall furnish to the President a transcript of the hearings and any 
briefs which may have been submitted in connection with each 
investigation. 
(4) The report of the Commission of its determination with respect 
to an investigation under paragraph (1) shall be made at the earliest 
practicable time, but not later than 3 months after the date on which 
the petition is filed (or the date on which the request or resolution is 
received or the motion is adopted, as the case may be). Upon making 
such report to the President, the Commission shall also promptly make 
public such report (with the exception of information which the Com-
mission determines to be confidential) and shall cause a summary 
thereof to be published in the Federal Register. 
(b) For purposes of sections 202 and 203, an affirmative determina-
tion of the Commission under subsection (a) shall be treated as an 
affirmative determination under section 201(b), except that— 
(1) the President may take action under sections 202 and 203 
only with respect to imports from the country or countries involved 
of the article with respect to which the affirmative determination 
was made, and 
(2) if such action consists of, or includes, an orderly marketing 
agreement, such agreement shall be entered into within 60 days 
after the import relief determination date. 
(c) If, at any time, the President finds that there are reasonable 
grounds to believe, with respect to imports of an article which is the 
product of a Communist country, that market disruption exists with 
respect to an article produced by a domestic industry, he shall request 
the Commission to initiate an investigation under subsection (a). If 
the President further finds that emergency action is necessary, he may 
take action under sections 202 and 203 as if an affirmative determina-
tion of the Commission had been made under subsection (a). Any 
"Communist 
country." 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2063 
action taken by the President under the preceding sentence shall 
cease to apply (1) if a negative determination is made by the Com-
mission under subsection (a) with respect to imports of such article, 
on the day on which the Commission's report of such determination 
is submitted to the President, or (2) if an affirmative determination is 
made by the Commission under subsection (a) with respect to imports 
of such article, on the day on which the action taken by the President 
pursuant to such determination becomes effective. 
(d) (1) A petition may be filed with the President by an entity 
described in section 201(a)(1) requesting the President to initiate 
Ante, p. 2011. 
consultations provided for by the safeguard arrangements of any 
agreement entered into under section 405 with respect to imports of 
an article which is the product of the country which is the other party 
to such agreement. 
(2) If the President determines that there are reasonable gi-ounds 
to believe, Avith respect to imports of such article, that market dis-
ruption exists with respect to an article produced by a domestic indus-
try, he shall initiate consultations with such country with respect to 
such imports. 
(e) For purposes of this section— 
(1) The term "Communist country" means any country domi-
nated, or controlled by communism. 
(2) Market disruption exists within a domestic industry when-
ever imports of an article, like or directly competitive with an 
article produced by such domestic industry, are increasing rap-
idly, either absolutely or relatively, so as to be a significant cause 
of material injury, or threat thereof, to such domestic industry. 
SEC. 407. PROCEDURE FOR CONGRESSIONAL APPROVAL OR DISAP- 
i9 use 2437. 
PROVAL OF EXTENSION OF NONDISCRIMINATORY TREAT-
MENT AND PRESIDENTIAL REPORTS. 
(a) Whenever the President issues a proclamation under section 404 
extending nondiscriminatory treatment to the products of any for-
eign country, he shall promptly transmit to the House of Ile]>resenta-
tives and to the Senate a document setting forth the proclamation and 
the agreement the proclamation proposes to implement, together with 
his reasons therefor. 
(b) The President shall transmit to the House of Representatives 
and the Senate a document containing the initial report submitted by 
him under section 402(b) or 409(b) with respect to a nonmarket econ-
omy country. On or before December 31 of each year, the President 
shall transmit to the House of Representatives and the Senate, a docu-
ment containing the report required by section 402(b) or 409(b) as 
the case may be, to be submitted on or before such December 31. 
(c) (1) In the case of a document referred to in subsection (a) 
(other than a document to which paragraph (2) applies), the procla-
mation set forth therein may become effe<^tive and the agreement set 
forth therein may enter into force and effect only if the House of 
Representatives and the Senate adopt, by an affirmative vote of a 
majority of those present and voting in each House, a concurrent 
resolution of approval (under the procedures set forth in section 151) 
^"^^' P- 2001. 
of the extension of nondiscriminatory treatment to the products of 
the country concerned. 
(2) In the case of a document referred to in subsection (a) which 
sets forth an agreement entered into before the date of the enactment 
of this Act and a proclamation implementing such agreement, such 
proclamation may become effective and such agreement may enter into 
force and effect after the close of the 90-day period beginning on the 
day on which such document is delivered to the House of Representa-
tives and to the Senate, unless during such 90-day period either the 
2064 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
House of Representatives or the Senate adopts, by an affirmative vote 
of a majority of those present and voting in that House, a resolution 
Ante, p. 2004. 
^^ disapproval (under the procedures set forth in section 152) of the 
extension of nondiscriminatory treatment to the products of the coun-
try concerned. 
(3) In the case of a document referred to in subsection (b) which 
contains a report submitted by the President under section 402(b) or 
409(b) with respect to a nonmarket economy country, if, before the 
close of the 90-day period beginning on the day on which such docu-
ment is delivered to the House of Representatives and to the Senate, 
either the House of Representatives or the Senate adopts, by an affirm-
ative vote of a majority of those present and voting in that House, a 
resolution of disapproval (under the procedures set forth in section 
152) of the report submitted by the President with respect to such 
country, then, beginning with the day after the date of the adoption 
of such resolution of disapproval, (A) nondiscriminatory treatment 
shall not be in force with respect to the products of such country, and 
the products of such country shall be dutiable at the rates set forth in 
19 use 1202. 
j.^j.^ column numbered 2 of the Tariff Schedules of the United States, 
(B) such country may not participate in any program of the Govern-
ment of the United States which extends credit or credit guarantees 
or investment guarantees, and (C) no commercial agreement may 
thereafter be concluded with such country under this title. 
19 use 2438. 
SEC. 408. PAYMENT BY CZECHOSLOVAKIA 
OF AMOUNTS OWED 
UNITED STATES CITIZENS AND NATIONALS. 
(a) The arrangement initialed on July 5, 1974, with respect to the 
settlement of the claims of citizens and nationals of the United 
States against the Government of Czechoslovakia shall be renegoti-
ated and shall be submitted to the Congress as part of any agreement 
entered into under this title with Czechoslovakia. 
(b) The United States shall not release any gold belonging to 
Czechoslovakia and controlled directly or indirectly by the United 
States pursuant to the provisions of the Paris Reparations Agree-
61 Stat. 3157. 
mcnt of January 24,1946, or otherwise, until such agreement has been 
approved by the Congress. 
19 use 2439. 
gEc^ 409. FREEDOM TO EMIGRATE TO JOIN A VERY CLOSE RELATIVE 
IN THE UNITED STATES. 
(a) To assure the continued dedication of the United States to the 
fundamental human rights and welfare of its own citizens, and not-
withstanding any other provision of law, on or after the date of the 
enactment of this Act, no nonmarket economy country shall participate 
in any program of the Government of the United States which extends 
credits or credit guarantees or investment guarantees, directly or 
indirectly, and the President of the United States shall not conclude 
any commercial agreement with any such country, during the period 
beginning with the date on which the President determines that such 
country—• 
/ 
(1) denies its citizens the right or opportunity to join per-
manently through emigration, a very close relative in the United 
State, such as a spouse, parent, child, brother, or sister; 
(2) imposes more than a nominal tax on the visas or other docu-
ments required for emigration described in paragraph (1) ; or 
(3) imposes more than a nominal tax, levy, fine, fee, or other 
charge on any citizen as a consequence of the desire of such 
citizen to emigrate as described in paragraph (1), 
and ending on the date on which the President determines that such 
country is no longer in violation of paragraph (1), (2), or (3). 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2065 
(b) After tlie date of the enactment of this Act, (A) a nonmarket 
economy country may participate in any program of the Government 
of the United States which extends credits or credit guarantees or 
investment guarantees, and (B) the President may conclude a com- c<frf res's!° 
mercial agreement with such country, only after the President has 
submitted to the Congress a report indicating that such country is not 
in violation of paragraph (1), (2), or (3) of subsection (a). Such 
report with respect to such country shall include information as to 
the nature and implementation of its laws and policies and restrictions 
or discrimination applied to or against persons wishing to emigrate 
to the United States to join close relatives. The report required by this 
subsection shall be submitted initially as provided herein and, with 
current information, on or before each June 30 and December 31 there-
after, so long as such credits or guarantees are extended or such agree-
ment is in effect. 
(c) This section shall not apply to any country the products of 
which are eligible for the rates set forth in rate column numbered 1 
of the Tariff Schedules of the United States on the date of enactment 
of t h i s A c t . 
19 use 1202. 
(d) During any period that a waiver is in effect with respect to any 
nonmarket economy country under section 402(c), the provisions of 
subsections (a) and (b) shall not apply with respect to such country. 
SEC. 410. EAST-WEST TRADE STATISTICS MONITORING SYSTEM. 
i9 use 2440. 
The International Trade Commission shall establish and maintain 
a program to monitor imports of articles into the United States from 
nonmarket economy countries and exports of articles from the United 
States to nonmarket economy countries. To the extent feasible, the 
Commission shall coordinate such program with any relevant data 
gathering programs presently conducted by the Secretary of Com-
merce. The Secretary of Commerce shall provide the Commission 
with any information which, in the determination of the Commission, 
is necessary to carry out this section. The Commission shall publish da^ta'"t^an^smittai 
a detailed summary of the data collected under the East-West Trade to eongress. 
Statistics Monitoring System not less frequently than once each calen-
dar quarter and shall transmit such publication to the East-West 
Foreign Trade Board and to Congress. Such publication shall include 
data on the effect of such imports, if any, on the production of like, or 
directly competitive, articles in the United States and on employment 
within the industry which produces like, or directly competitive, 
articles in the United States. 
SEC. 411. EAST-WEST FOREIGN TRADE BOARD. 
i9 use 2441. 
(a) The President shall establish an East-West Foreign Trade 
Establishment. 
Board (hereinafter referred to as the "Board") to monitor trade 
between persons and agencies of the United States Government and 
nonmarket economy countries or instrumentalities of such countries 
to insure that such trade will be in the national interest of the United 
States. 
(b)(1) Any person who exports technology vital to the national 
Report. 
interest of the United States to a nonmarket economy country or an 
instrumentality of such country, and any agency of the United States 
which provides credits, guarantees or insurance to such country or 
such instrumentality in an amount in excess of $5,000,000 during any 
calendar year, shall file a report with the Board in such form and 
manner as the Board requires which describes the nature and terms 
of such export or such provision. 
(2) For purposes of paragraph (1), if the total amount of credits, 
guarantees and insurance which an agency of the United States pro-
vides to all nonmarket economy countries and the instrumentalities 
Report to 
Congress. 
2066 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
of such countries exceeds $5,000,000 during a calendar year, then all 
subsequent provisions of credits, guarantees or insurance in any 
amount, during such year shall be reported to the Board under the 
provisions of paragraph (1). 
(c) The Board shall submit to Congress a quarterly report on trade 
between the United States and nonmarket economy countries and 
instrumentalities of such countries. Such report shall include a review 
of the status of negotiations of bilateral trade agreements between 
the United States and such countries under this title, the activities of 
joint trade commissions created pursuant to such agreements, the reso-
lution of commercial disputes between the United States and such 
countries, any exports from such countries w^hich have caused disrup-
tion of United States markets, and recommendations for the promo-
tion of east-west trade in the national interest of the United States. 
TITLE V—GENERALIZED SYSTEM OF 
PREFERENCES 
19 use 2461. 
SEC 5Q1 AUTHORITY TO EXTEND PREFERENCES. 
The President may provide duty-free treatment for any eligible 
article from any beneficiary developing country in accordance with 
the provisions of this title. In taking any such action, the President 
shall have due regard for— 
(1) the effect such action will have on furthering the economic 
development of developing countries; 
(2) the extent to whicli other major developed countries are 
undertaking a comparable effort to assist developing countries by 
granting generalized preferences with respect to imports of prod-
ucts of such countries; and 
(3) the anticipated impact of such action on United States 
producers of like or directly competitive products. 
19 use 2462. 
SEC. 502. BENEFICIARY DEVELOPING COUNTRY. 
devfio"ln'^'co^n- 
(^) ^^"^ ^^^ purposcs of this title, the term "beneficiary developing 
try." 
country" means any country with respect to which there is in effect 
an Executive order by the President of the United States designating 
such country as a beneficiary developing country for purposes of this 
title. Before the President designates any country as a beneficiary 
developing country for purposes of this title, he shall notify the House 
of Representatives and the Senate of his intention to make such desig-
nation, together with the considerations entering into such decision. 
(2) If the President has designated any country as a beneficiary 
developing country for purposes of this title, he shall not terminate 
such designation (either by issuing an Executive order for that pur-
pose or by issuing an Executive order which has the effect of terminat-
ing such designation) unless, at least 60 days before such termination, 
he has notified the House of Representatives and the Senate and has 
notified such country of his intention to terminate such designation, 
together with the considerations entering into such decision. 
"Country." 
(g) j^Qr purposcs of this title, the term "country" means any for-
eign country, any overseas dependent territory or possession of a 
foreign country, or the Trust Territory of the Pacific Islands. In the 
case of an association of countries which is a free trade area or customs 
union, the President may by Executive order provide that all members 
of such association other than members which are barred from desig-
nation under subsection (b) shall be treated as one country for pur-
poses of this title. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2067 
(b) No designation shall be made under this section with respect to 
Designation 
J! j-1 
J! 11 
• 
•
*
• 
r e s t r i c t i o n . 
any oi the rollowmg: 
Australia 
Japan 
Austria 
Monaco 
Canada 
New Zealand 
Czechoslovakia 
Norway 
European Economic Com- 
Poland 
munity member states 
Republic of South Africa 
Finland 
Sweden 
Germany (East) 
Switzerland 
Hungary 
Union of Soviet Socialist 
Iceland 
Republics 
In addition, the President shall not designate any country a beneficiary 
developing country under this section— 
(1) if such country is a Communist country, unless (A) the 
products of such country receive nondiscriminatory treatment, 
(B) such country is a contracting party to the General Agreement 
on Tariffs and Trade and a member of the International Mone-
tary Fund, and (C) such country is not dominated or controlled 
by international communism; 
(2) if such country is a member of the Organization of Petro-
leum Exporting Countries, or a party to any other arrangement 
of foreign countries, and such country participates in any action 
pursuant to such arrangement the effect of which is to withhold 
supplies of vital commodity resources from international trade 
or to raise the price of such commodities to an unreasonable 
level and to cause serious disruption of the world economy; 
withhold supplies of vital commodity resources from interna-
tional trade or to raise the price of such commodities to an 
unreasonable level which causes serious disruption of the world 
economy; 
(3) if such country affords preferential treatment to the 
products of a developed country, other than the United States, 
which has, or is likely to have, a significant adverse effect on 
United States commerce, unless the President has received assur-
ances satisfactory to him that such preferential treatment will 
be eliminated before January 1, 1976, or that action will be taken 
before January 1, 1976, to assure that there will be no such 
significant adverse effect, and he reports those assurances to the 
Congress; 
(4) if such country— 
(A) has nationalized, expropriated, or otherwise seized 
ownership or control of property owned by a United States 
citizen or by a corporation, partnership, or association which 
is 50 percent or more beneficially owned by United States 
citizens, 
(B) has taken steps to repudiate or nullify an existing 
contract or agreement with a United States citizen or a cor-
poration, partnership, or association which is 50 percent or 
more beneficially owned by United States citizens, the effect 
of which is to nationalize, expropriate, or otherwise seize 
ownership or control of property so owned, or 
(C) has imposed or enforced taxes or other exactions, 
restrictive maintenance or operational conditions, or other 
measures with respect to property so owned, the effect of 
which is to nationalize, expropriate, or otherwise seize owner-
ship or control of such property, 
unless— 
2068 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(D) the President determines that— 
(i) prompt, adequate, and effective compensation has 
been or is being made to such citizen, corporation, part-
nership, or association, 
(ii) good faith negotiations to provide prompt, ade-
quate, and effective compensation under the applicable 
provisions of international law are in progress, or such 
country is otherwise taking steps to discharge its obliga-
tions under international law with respect to such citizen, 
corporation, partnership, or association, or 
(iiij a dispute involving such citizen, corporation, part-
nership, or association over compensation for such a 
seizure has been submitted to arbitration under the pro-
visions of the Convention for the Settlement of Invest-
ment Disputes, or in another mutually agreed upon 
forum, and 
promptly furnishes a copy of such determination to the Senate 
and House of Representatives; 
(5) if such country does not take adequate steps to cooperate 
with the United States to prevent narcotic drugs and other con-
trolled substances (as listed in the schedules in section 202 of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 
(21 U.S.C. 812)) produced, processed, or transported in such 
country from entering the United States unlawfully; and 
(6) if such country fails to act in good faith in recognizing as 
binding or in enforcing arbitral awards in favor of United States 
citizens or a corporation, partnership or association which is 50 
percent or more beneficially owned by United States citizens, which 
have been made by arbitrators appointed for each case or by 
permanent arbitral bodies to which the parties involved have sub-
mitted their dispute. 
Paragraphs (4), (5), and (6) shall not prevent the designation of 
any country as a beneficiary developing country under this section if 
the President determines that such designation will be in the national 
economic interest of the United States and reports such determination 
to the Congress with his reasons therefor. 
(c) In determining whether to designate any country a beneficiary 
developing country under this section, the President shall take into 
account— 
(1) an expression by such country of its desire to be so 
designated; 
(2) the level of economic development of such country, includ-
ing its per capita gross national product, the living standards of 
its inhabitants, and any other economic factors which he deems 
appropriate ; 
(3) whether or not the other major developed countries are 
extending generalized preferential tariff treatment to such coun-
try; and 
(4) the extent to which such country has assured the United 
States it Avill provide equitable and reasonable access to the 
markets and basic commodity resources of such country. 
(d) General headnote 3(a) to the Tariff Schedules of the United 
States (19 U.S.C. 1202) (relating to products of insular possessions) 
is amended by adding at the end thereof the following new paragraph: 
" (iii) Subject to the limitations imposed under sections 503 (b) 
and 504(c) of the Trade Act of 1974, articles designated eligible 
articles under section 503 of such Act which are imported from 
an insular possession of the United States shall receive duty treat-
88 
STAT.] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2069 
ment no less favoiable than the treatment afforded such articles 
imported from a beneficiary developing comitry under title V 
of such Act." 
(e) The President may exempt from the application of paragraph 
(2) of subsection (b) any country during the period during which 
such country (A) is a party to a bilateral or multilateral trade agree-
ment to which the United States is also a party if such agreement 
fulfills the negotiating objectives set forth in section 108 of assuring 
the United States fair and equitable access at reasonable prices to 
supplies of articles of commerce important to the economic require-
ments of the United States and (B) is not in violation of such 
agreement by action denying the United States such fair and equitable 
access. 
SEC. 503. ELIGIBLE ARTICLES. 
(a) The President shall, from time to time, publish and furnish 
the International Trade Commission with lists of articles which may 
be considered for designation as eligible articles for purposes of this 
title. Before any such list is furnished to the Commission, there shall 
be in effect an Executive order under section 502 designating benefi-
ciary developing countries. The provisions of sections 131, 132, 133, 
and 134 of this Act shall be complied with as though action under 
section 501 were action under section 101 of this Act to carry out a 
trade agreement entered into under section 101. After receiving the 
advice of the Commission with respect to the listed articles, the Presi-
dent shall designate those articles he considers appropriate to be 
eligible articles for purposes of this title by Executive order. 
(b) The duty-free treatment provided under section 501 with 
respect to any eligible article shall apply only— 
(1) to an article which is imported directly from a beneficiary 
developing country into the customs territory of the United 
States; and 
(2) (A) if the sum of (i) the cost or value of the materials pro-
duced in the beneficiary developing country plus (ii) the direct 
costs of processing operations performed in such beneficiary de-
veloping country is not less than 35 percent of the appraised value 
of such article at the time of its entry into the customs territory of 
the United States; or 
(B) if the sum of (i) the cost or value of the materials pro-
duced in 2 or more countries which are members of the same asso-
ciation of countries which is treated as one country under section 
502(a) (3), plus (ii) the direct costs of processing operations per-
formed in such countries is not less than 50 percent of the 
appraised value of such article at the time of its entry into 
the customs territory of the United States. 
For purposes of paragraph (2) (A), the term "country" does not 
include an association of countries which is treated as one country 
under section 502(a) (3) but does include a country which is a member 
of any such association. The Secretary of the Treasury shall prescribe 
such regulations as may be necessary to carry out this subsection. 
(c) (1) The President may not designate any article as an eligible 
article under subsection (a) if such article is within one of the follow-
ing categories of import-sensitive articles— 
(A) textile and apparel articles which are subject to textile 
agreements, 
(B) watches, 
(C) import-sensitive electronic articles, 
(D) import-sensitive steel articles. 
emptions. 
u s e 2462. 
19 u s e 2463. 
Ante, 
pp. 1994, 
1995. 
Ante, p. 1982. 
" e o u n t r y . " 
Regulations. 
Import-sensitive 
articles. 
suspension. 
2070 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 STAT. 
(E) footwear articles specified in items 700.05 through 700.27, 
700.29 through 700.53, 700.55.23 through 700.55.75, and 700.60 
19 use 1202. 
through 700.80 of the Tariff Schedules of the United States, 
(F) import-sensitive semimanufactured 
and 
manufactured 
glass products, and 
(G) any other articles which the President determines to be 
import-sensitive in the context of the Generalized System of 
Preferences. 
(2) No article shall be an eligible article for purposes of this title 
for an^ period during which such article is the subject of any action 
Ante, p. 2 015. 
proclaimed pursuant to section 203 of this Act or section 232 or 351 of 
1
9
8
^
1 "^^ ^ ^^^' 
^^® ^^ "^® P^xpansion Act of 1962. 
19 use 2464. 
SEC. 504. LIMITATIONS ON PREFERENTIAL TREATMENT. 
(a) The President may withdraw, suspend, or limit the application 
of the duty-free treatment accorded under section 501 with respect to 
any article or with respect to any country; except that no rate of 
duty may be established in respect of any article pursuant to this 
section other than the rate which would apply but for this title. In 
taking any action under this subsection, the President shall consider 
the factors set forth in sections 501 and 502 (c). 
Beneficiary 
(^^ 'j^j^g President shall, after complying with the requirements of 
try'[^designa^ti'"n' section 502(a) (2), withdraw or suspend the designation of any country 
withdrawal or 
as a beneficlary developing country if, after such designation, he 
determines that as the result of changed circumstances such country 
would be barred from designation as a beneficiary developing country 
under section 502(b). Such country shall cease to be a beneficiary 
developing country on the day on which the President issues an 
Executive order revoking his designation of such country under 
section 502. 
(c) (1) Whenever the President determines that any country— 
(A) has exported (directly or indirectly) to the United States 
during a calendar year a quantity of an eligible article having an 
appraised value in excess of an amount which bears the same ratio 
to $25,000,000 as the gross national product of the United States 
for the preceding calendar year, as determined by the Depart-
ment of Commerce, bears to the gross national product of the 
United States for calendar year 1974, or 
(B) except as provided m subsection (d), has exported (either 
directly or indirectly) to the United States a quantity of any 
eligible article equal to or exceeding 50 percent of the appraised 
value of the total imports of such article into the United States 
during any calendar year, 
then, not later than 60 days after the close of such calendar year, such 
country shall not be treated as a beneficiary developing country with 
respect to such article, except that, if before such 60th day, tlie Presi-
dent determines and publishes in the Federal Register that, with 
respect to such country— 
(i) there has been an historical preferential trade relationship 
between the United States and such country, 
(ii) there is a treaty or trade agreement in force covering eco-
nomic relations between such country and the United States, and 
(iii) such country does not discriminate against, or impose 
unjustifiable or unreasonable barriers to, United States commerce, 
then he may designate, or continue the designation of, such country as 
a beneficiary developing country with respect to such article. 
(2) A country which is no longer treated as a beneficiary developing 
country with respect to an eligible article by reason of this subsection 
Publication in 
Federal Register. 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2071 
may be redesignated, subject to the provisions of section 502, a benefi-
ciary developing country with respect to such article if imports of such 
article from such country did not exceed the limitations in paragraph 
(1) of this subsection during the preceding calendar year. 
(d) Subsection (c) (1) (B) does not apply with respect to any eligi-
ble article if a like or directly competitive article is not produced on 
the date of enactment of this Act in the United States. 
(e) No action pursuant to section 501 may affect any tariff duty . ^"'"•^° ^'^°j 
imposed by the Legislature of Puerto Kico pursuant to section 319 of 
'J^ty'^ 
^ 
the Tariff Act of 1930 (19 U.S.C. sec. 1319) on coffee imported into 
Puerto Rico. 
SEC. 505. TIME LIMIT ON TITLE; COMPREHENSIVE REVIEW. 
i9 use 2465. 
(a) No duty-free treatment under this title shall remain in effect 
after the date which is 10 years after the date of the enactment of this 
Act. 
(b) On or before the date which is 5 years after the date of the 
Presidential 
enactment of this Act, the President shall submit to the Congress a full 
and complete report of the operation of this title. 
report to Con-
gress . 
TITLE VI—GENERAL PROVISIONS 
SEC. 601. DEFINITIONS. 
i9 use 2481, 
For purposes of this Act— 
(1) The term "duty" includes the rate and form of any import 
duty, including but not limited to tariff-rate quotas. 
(2) The term "other import restriction" includes a limitation, 
prohibition, charge, and exaction other than duty, imposed on 
importation or imposed for the regulation of importation. The 
term does not include any orderly marketing agreement. 
(3) The term "ad valorem" includes ad valorem equivalent. 
Whenever any limitation on the amount by which or to which any 
rate of duty may be decreased or increased pursuant to a trade 
agreement is expressed in terms of an ad valorem percentage, the 
ad valorem amount taken into account for purposes of such 
limitation shall be determined by the President on the basis of 
the value of imports of the articles concerned during the most 
recent representative period. 
(4) The term "ad valorem equivalent" means the ad valorem 
equivalent of a specific rate or, in the case of a combination of 
rates including a specific rate, the sum of the ad valorem equiva-
lent of the specific rate and of the ad valorem rate. The ad 
valorem equivalent shall be determined by the President on the 
basis of the value of imports of the article concerned during the 
most recent representative period. In determining the value of 
imports, the President shall utilize, to the maximum extent 
practicable, the standards of valuation contained in section 402 
or 402a of the Tariff Act of 1930 (19 U.S.C. sec. 1401a or 1402) 
applicable to the article concerned during such representative 
period. 
(5) An imported article is "directly competitive with" a domes-
tic article at an earlier or later stage of processing, and a domestic 
article is "directly competitive with" an imported article at an 
earlier or later stage of processing, if the importation of the 
article has an economic effect on producers of the domestic article 
comparable to the effect of importation of articles in the same 
stage of processing as the domestic article. For purposes of this 
paragraph, the unprocessed article is at an earlier stage of 
processing. 
19 use 1202. 
2072 
PUBLIC LAW 93-618-jAN. 3, 1975 
[88 STAT. 
(6) The term "modification", as applied to any duty or other 
import restriction, includes the elimination of any duty or other 
import restriction. 
(7) The term "existing" means (A) when used, without the 
specification of any date, with respect to any matter relating to 
entering into or carrying out a trade agreement or other action 
authorized by this Act, existing on the day on which such trade 
agreement is entered into or such other action is taken; and (B) 
when used with respect to a rate of duty, the nonpreferential rate 
of duty (however established, and even though temporarily sus-
pended by Act of Congress or otherwise) set forth in rate column 
numbered 1 of schedules 1 through 7 of the Tariff Schedules of 
the United States on the date specified or (if no date is specified) 
on the day referred to in clause (A). 
(8) A product of a country or area is an article which is the 
growth, produce, or manufacture of such country or area. 
(9) The term "nondiscriminatory treatment" means most-
favored-nation treatment. 
(10) The term "commerce" includes services associated with 
international trade. 
19 use 1352. 
SEC. 602. RELATION TO OTHER LAWS. 
(a) The second and third sentences of section 2(a) of the Act 
entitled "An Act to amend the Tariff Act of 1930," approved June 12, 
1934, as amended (19 U.S.C. sec. 1352(a)), are each amended by 
striking out "this Act or the Trade Expansion Act of 1962" and insert-
ing in lieu thereof "this Act or the Trade Expansion Act of 1962 or 
the Trade Act of 1974". 
19 use 1872. 
(b) Section 242 of the Trade Expansion Act of 1962 is amended 
as follows: 
(1) by striking out "351 and 352" in subsection (a) and insert-
ing in lieu thereof "201, 202, and 203 of the Trade Act of 1974"; 
(2) by striking out "with respect to tariff adjustment" in sub-
section (b)(2) ; 
(3) by striking out "301(e)" in subsection (b) (2) and insert-
ing in lieu thereof "201 (d) of the Trade Act of 1974" ; 
(4) by striking out "concerning foreign import restrictions" 
in subsection (b) (3) ; and 
(5) by striking out "section 252(d)" each place it appears and 
inserting in lieu thereof "subsections (c) and (d) of section 301 
of the trade Act of 1974". 
19 use 1981. 
(c) Section 351(c) (1) (B) of the Trade Expansion Act of 1962 is 
amended by striking out "unless extended under paragraph (2)," and 
inserting in lieu thereof the following: "unless extended under section 
203 of the Trade Act of 1974,". 
Repeals. 
((J) Scctious 202, 211, 212, 213, 221, 222, 223, 224, 225, 226, 231, 
241, 243, 252, 253, 254, 255(a), 256, so much of 301 and 302 as is not 
repealed by subsection (e), 351(c) (2) and (d) (3), 361, 401, 402, 403, 
404, and 405 (1), (3), (4), and (5) of the Trade Expansion Act of 
1962 are repealed. 
Repeals. 
(g) Sectious 301(a) (2) and (3), (c), (d)(2), (f) (1) and (3), 
302(b) (1) and (2), (c), (d), and (e), 311 through 315, 317(a), 
321 through 338 of the Trade Expansion Act of 1962 are repealed on 
the 90th day following the date of the enactment of this Act. 
no^te."^^ ^^°^ 
(f) ^^1 provisions of law (other than this Act, the Trade Expansion 
i9*usc 1801 
Act of 1962, and the Trade Agreements Extension Act of 1951) in 
note, 1360 note, 
gflfg^^ ^f<-gj. ^^^ ^^^^ ^f enactment of this Act, referring to section 350 
19 use 13 51. 
of the Tariff Act of 1930, to that section as amended, to the Act entitled 
"An Act to amend the Tariff Act of 1930," approved June 12, 1934, to 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2073 
note. 
that Act as amended or to the Trade Expansion Act of 1962, or to 
i9 use isoi 
agreements entered into, or proclamations issued, or actions taken 
under any of such provisions, shall be constiTied, unless clearly pre-
cluded by the Context, to refer also to this Act, or to agreements entered 
into or proclamations or orders issued, pursuant to this Act. 
SEC. 603. INTERNATIONAL TRADE COMMISSION. 
i9 use 2482 
(a) In order to expedite the performance of its functions under this 
Act, the International Trade Commission may conduct preliminary 
investigations, determine the scope and manner of its proceedings, and 
consolidate proceedings before it. 
(b) In performing its functions under this Act, the Commission 
may exercise any authority granted to it under any other Act. 
(c) The Commission shall at all times keep informed concerning the 
operation and effect of provisions relating to duties or other import 
restrictions of the United States contained in trade agreements entered 
into under the trade agreements program. 
SEC. 604. CONSEQUENTIAL CHANGES IN THE TARIFF SCHEDULES. 
i9 use 2483 
The President shall from time to time, as appropriate, embody in 
the Tariff Schedules of the United States the substance of the relevant 
^ ^ "^*^ ^^02 
provisions of this Act, and of other Acts affecting import treatment^ 
and actions thereunder, including modification, continuance, or 
imposition of any rate of duty or other import restriction. 
SEC. 605. SEPARABILITY. 
19 use 2101 
If any provision of this Act or the application of any provision "°*^' 
to any circumstances or persons shall be held invalid, the validity of 
the remainder of this Act, and of the application of such provision 
to other circumstances or persons, shall not be affected thereby. 
SEC. 6C6. INTERNATIONAL DRUG CONTROL. 
i9 use 2484 
The President shall submit a report to Congress at least once each 
calendar year listing those foreign countries in which narcotic drugs 
and other controlled substances (as listed under section 202 of the 
Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 
U.S.C. 812)) are produced, processed, or transported for unlaAvful 
entry into the United States. Such report shall include a descrip-
tion of the measures such countries are taking to prevent such produc-
tion, processing, or transport. 
SEC. 607. VOLUNTARY LIMITATIONS ON EXPORTS OF STEEL TO THE 
19 use 2485. 
UNITED STATES. 
No person shall be liable for damages, penalties, or other sanctions 
under the Federal Trade Commission Act (15 U.S.C. 41-77) or the 
Antitrust Acts (as defined in section 4 of the Federal Trade Com-
mission Act (15 U.S.C. 44)), or under any similar State law, on 
•account of his negotiating, entering into, participating in, or imple-
menting an arrangement providing for the voluntary limitation on 
exports of steel and steel products to the United States, or any modifi-
cation or renewal of such an arrangement, if such arrangement or such 
modification or renewal— 
(1) was undertaken prior to the date of the enactment of this 
Act at the request of the Secretary of State or his delegate, and 
(2) ceases to be effective not later than January 1, 1975. 
SEC. 608. UNIFORM STATISTICAL DATA ON IMPORTS, EXPORTS, AND 
PRODUCTION. 
(a) Section 484(e) of the Tariff Act of 1930 (19 U.S.C. 1484(e)) 
is amended to read as follows: 
"(e) STATISTICAL ENUMERATION.—The Secretary of the Treasury, 
the Secretary of Commerce, and the United States International Trade 
Presidential re-
port to eongress. 
2074 
PUBLIC LAW 93-618-JAN. 3, 1975 
[88 
STAT. 
Commodity 
classification 
systems, study. 
19 u s e 1484 
note. 
19 u s e 1484. 
Report to 
Congress and 
President. 
Investigation. 
19 u s e 1484 
note. 
19 u s e 1332. 
Report to 
Congress and 
President. 
Report to 
Congress and 
President. 
Federal agen-
cies, coopera-
tion. 
19 u s e 1484 
note. 
Effective date. 
19 u s e 1484 
note. 
Commission are authorized and directed to establish from time to 
time for statistical purposes an enumeration of articles in such detail 
as in their judgment may be necessary, comprehending all merchan-
dise imported into the United States and exported from the United 
States, and shall seek, in conjunction with statistical programs for 
domestic production, to establish the comparability thereof with such 
enumeration of articles. All import entries and export declarations 
shall include or have attached thereto an accurate statement specify-
ing, in terms of such detailed enumeration, the kinds and quantities 
of all merchandise imported and exported and the value of the total 
quantity of each kind of article.". 
(b) in carrying out the responsibilities under section 484(e), Tariff 
Act of 1930 and other pertinent statutes, the Secretary of Commerce 
and the United States International Trade Commission shall conduct 
jointly a study of existing commodity classification systems with a 
view to identifying the appropriate principles and concepts which 
should guide the organization and development of an enumeration 
of articles which would result in comparability of United States 
import, production, and export data. The Secretary and the United 
States International Trade Commission shall submit a report to both 
Houses of Congress and to the President with respect to such study 
no later than August 1,1975. 
(c) In further connection with its responsibilities pursuant to sub-
sections (a) and (b), the United States International Trade Commis-
sion shall undertake an investigation under section 332(g) of the 
Tariff Act of 1930 which would provide the basis for— 
(1) a report on the appropriate concepts and principles which 
should underlie the formulation of an international commodity 
code adaptable for modernized tariff nomenclature purposes and 
for recording, handling, and reporting of transactions in national 
and international trade, taking into account how such a code 
could meet the needs of sound customs and trade reporting prac-
tices reflecting the interests of United States and other countries, 
such report to be submitted to both Houses of Congress and to the 
President as soon as feasible, but in any event, no later than 
June 1,1975; and 
(2) full and immediate participation by the United States 
International Trade Commission in the United States contribu-
tion to technical work of the Harmonized Systems Committee 
under the Customs Cooperation Council to assure the recognition 
of the needs of the United States business community in the 
development of a Harmonized Code reflecting sound principles of 
commodity identification and specification and modern producing 
methods and trading practices, 
and, in carrying out sudi reponsibilities, the Commission shall report 
to both Houses of Congress and to the President, as it deems appro-
priate. 
(d) The President is requested to direct the appropriate agencies 
to cooperate fully with the Secretary of Commerce and the United 
States International Trade Commission in carrying out their responsi-
bilities under subsections (a), (b),and (c). 
(e) The amendment made by subsection (a) insofar as it relates to 
export declarations shall take effect on January 1,1976. 
SEC. 609. SUBMISSION OF STATISTICAL DATA ON IMPORTS AND 
EXPORTS. 
(a) Section 301 of title 13, United States Code, is amended— 
(1) by inserting " (a)" before "The Secretary"; and 
88 STAT. ] 
PUBLIC LAW 93-618-JAN. 3, 1975 
2075 
(2) by adding at the end thereof the following new subsections: 
"(b) The Secretary shall submit to the Committee on Ways and 
statistics, sub-
•» r 
/• 1 
Tx 
/• T-» 
• 
1 
1 
/'-( 
• 
x-<- 
m i t t a l to c o n g r e s -
Means oi the House ot Kepresentatives and the Committee on i^ mance sionai committees. 
of the Senate, on quarterly and cumulative bases, statistics on United 
States imports for consumption and United States exports by country 
and by product. Statistics on L^nited States imports shall be submitted 
in accordance with the Tariff Schedules of the United States Annotated 
and general statistical headnote 1 thereof, in detail as follows: 
" (1) net quantity; 
"(2) United States customs value; 
"(3) purchase price or its equivalent; 
"(4) equivalent of arm's length value; 
"(5) aggregate cost from port of exportation to United States 
port of entry; 
"(6) a United States port of entry value comprised of (5) 
plus (4), if applicable, or, if not applicable, (5) plus (3) ; and 
"(7) for transactions where (3) and (4) are equal, the total 
value of such transactions. 
The data for paragraphs (1), (2), (3), (5), and (6) shall be reported 
separately for nonrelated and related party transactions, and shall 
also be reported as a total of all transactions. 
"(c) In submitting any information under subsection (b) with 
respect to exports, the Secretary shall state separately from the total 
value of all exports— 
"(1) (A) the value of agricultural commodities exported under 
the Agricultural Trade Development and Assistance Act of 1954, 
as amended; and 
„iy^^ ^^^^ 
"(B) the total amount of all export subsidies paid to exporters 
by the United States under such Act for the exportation of such 
commodities; and 
"(2) the value of goods exported under the Foreign xVssistance 
Act of 1961. 
22 u s e 2151 
"(d) To assist the Secretary to carry out the provisions of sub-
sections (b) and (c) — 
"(1) the Secretary of Agriculture shall furnish information to 
the Secretary concerning the value of agricultural commodities 
exported under provisions of the Agricultural Trade Develop-
ment and Assistance Act of 1954, as amended, and the total 
amounts of all export subsidies paid to exporters by the United 
States under such Act for the exportation of such commodities; 
and 
"(2) the Secretary of State shall furnish information to the 
Secretary concerning the value of goods exported under the pro-
visions of the Foreign Assistance Act of 1961, as amended." 
(b) The amendments made by subsection (a) shall take effect on 
Effective date. 
January 1,1975. 
SEC. 610. GIFTS SENT FROM INSULAR POSSESSIONS. 
(a) Section 321(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1321(a) (2) (A)) is amended by inserting after "United States" the 
following: "($20, in the case of articles sent as bona fide gifts from 
persons in the Virgin Islands, Guam, and American Samoa)". 
(b) The amendment made by subsection (a) shall apply with 
respect to articles entered, or withdrawn from warehouse, for con-
sumption after the date of the enactment of this Act. 
SEC. 
6
1
1
. REVIEW OF PROTESTS IN 
IMPORT SURCHARGE CASES. 
Notwithstanding the provisions of section 515(a) of the Tariff Act 
of 1930 (19 U.S.C. 1516(a)), in the case of any protest under section 
514 of such Act involving the imposition of an import surcharge in the 
note. 
note. 
13 u s e 301 
note. 
19 
note 
19 
note. 
19 
use 
use 
use 
1321 
ISIJJ 
1514 
2076 
PUBLIC LAW 93-619-JAN. 3, 1975 
[88 STAT. 
1202 note 
19 use 1514 
19 use 2486 
form of a supplemental duty pursuant to Presidential Proclamation 
02nofer^''* 
4074, dated August 17, 1971, the time for review and allowing or 
denying the protest shall not expire until five years from the date 
the protest was filed in accordance with such section 514. 
SEC. 6
1
2
. 
TRADE RELATIONS WITH CANADA. 
It is the sense of the Congress that the United States should enter 
into a trade agreement with Canada which will guarantee continued 
stability to the economies of the United States and Canada. In order 
to promote such economic stability, the President may initiate negotia-
tions for a trade agreement with Canada to establish a free trade area 
covering the United States and Canada. Nothing in this section shall 
be construed as prior approval of any legislation which may be neces-
sary to implement such a trade agreement. 
19 use 2487. 
SEC. 613. LIMITATION ON CREDIT TO RUSSIA. 
After the date of enactment of the Trade Act of 1974, no agency of 
the Government of the United States, other than the Commodity 
Credit Corporation, shall approve any loans, guarantees, insurance, or 
any combination thereof, in connection with exports to the Union of 
Soviet Socialist Kepublics in an aggregate amount in excess of 
$300,000,000 without prior congressional approval as provided by law. 
Approved January 3, 1975. 
Public Law 93-619 
January 3, 1975 
^ ^ ACT 
l
^
^
- '^^'^^ 
To assist in reducing crime and the danger of recidivism by requiring speedy 
trials and by strengthening the supervision over persons released pending 
trial, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
AttTi%lt^^ 
United States of America in Congress assembled^ That this Act may 
'is^isc 3161 
be cited as the "Speedy Trial Act of 1974". 
note. 
TITLE I—SPEEDY TRIAL 
SEC. 101. Title 18, United States Code, is amended by adding 
immediately after chapter 207, a new chapter 208, as follows: 
"Chapter 208.—SPEEDY TRIAL 
"See. 
"3161. Time limits and exclusions. 
"3162. Sanctions. 
"3163. Effective dates. 
"3164. Interim limits. 
"3165. District plans—generally. 
"3166. District plans—contents. 
"3167. Reports to Congress. 
"3168. Planning process. 
"3169. Federal Judicial Center. 
"3170. Speedy trial data. 
"3171. Planning appropriations. 
"3172. Definitions. 
"3173. Sixth amendment rights. 
"3174. Judicial emergency. 
18 use 3161. 
"§3161. Time limits and exclusions. 
" (a) In any case involving a defendant charged with an offense, the 
appropriate judicial officer, at the earliest practicable time, shall, after 
consultation with the counsel for the defendant and the attorney for 
the Government, set the case for trial on a day certain, or list it for trial 
on a weekly or other short-term trial calendar at a place within the 
judicial district, so as to assure a speedy trial.