Federal Register - October 7, 1949
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Source: Federal Register
Friday, October 7,1949
3. The Trade Agreements Committee and the Committee for Reciprocity In
formation may invite the participation in their activities of other government agencies when matters of interest thereto are under consideration. Each of the said committees may from time to time designate such sub-committees, and pre scribe such procedures and rules and regulations, as it may deem necessary for the conduct of its functions.
PART n CONCLUSION OF AGREEMENTS
4. Before entering into the negotiation of a proposed trade agreement under the Trade Agreements Act, as amended, the Trade Agreements Committee shall sub mit to the President for his approval a list of all articles imported into the United States which it is proposed should be considered in such negotiations for possible modification of duties and other import restrictions, imposition of addi tional import restrictions, or specific con tinuance of existing customs or excise treatment. Upon approval by the Presi dent of any such list, as originally sub mitted or in amended form, the Trade Agreements Committee shall cause notice of intention to negotiate such agreement, together with such list of articles, to be published in the F e d e r a l R e g is t e r . Such notice and list shall also be issued to the press, and sufficient copies shall be fur nished to the Committee for Reciprocity Information for use in connection with such hearings as the Committee may hold with respect thereto. Such notice, together with the list or a statement as to its availability, shall also be published in the Department of State Bulletin, Treasury Decisions, and the Foreign Commerce Weekly.
5. Any interested person desiring to present his views with respect to any article in any list referred to in para graph 4 hereof, or with respect to any other aspect of a proposed trade agree ment, may present such views to the Committee for Reciprocity Information, which shall accord reasonable oppor tunity for the presentation of such views.
6. With respect to each article in a list referred to in paragraph 4 hereof, the Tariff Commission shall make an analysis of the facts relative to the pro duction, trade, and consumption of the article involved, to the probable effect of granting a concession thereon, and to the competitive factors involved. Such analysis shall be submitted in digest form to the Trade Agreements Committee.
7. With respect to each article ex ported from the United States which is considered by the Trade Agreements Committee for possible inclusion in a trade agreement, the Department of Commerce shall make an analysis of the facts relative to the production, trade, and consumption of the article involved, to the probable effect of obtaining a concession thereon, and to the competi tive factors involved. Such analysis shall be submitted in digest form to the Trade Agreements Committee.
8. Each Department and agency offi cials from which are members of the Trade Agreements Committee shall, to the extent it considers necessary and within the sphere of its respective responsibilities, make special studies of particular aspects of proposed trade
FEDERAL REGISTER
agreements from the point of view of the interests of American agriculture, in dustry, commerce, labor, and security.
Such studies shall be submitted to the Trade Agreements Committee.
9. After analysis and consideration of a the studies of the Tariff Commission provided for in paragraph 6 hereof, b the studies of the Department of Com merce provided for in paragraph 7
hereof, c the special studies provided for in paragraph 8 hereof, d the views of interested persons presented to the Committee for Reciprocity Information pursuant to paragraph 5 hereof, and e any other information available to the Trade Agreements Committee, including information relating to export duties and restrictions, the Trade Agreements Com mittee shall make such recommendations to the President relative to the conclu sion of the trade agreement under con sideration, and to the provisions to be included therein, as are considered ap propriate to carry out the purposes set forth in the Trade Agreements Act, as amended. I f there is dissent from any recommendation to the President with respect to the inclusion of any proposed concession in a trade agreement, the President shall be furnished a full report by the dissenting member or members of the Trade Agreements Committee, giving the reasons for his or their dissent.
10. There shall be applicable to each tariff concession granted, or other obli gations incurred, by the United States in any trade agreement hereafter entered into a clause providing in effect that if, as a result of unforeseen developments and of such concession or other obli gation, any article is being imported in such relatively increased quantities and under such conditions as to cause or threaten serious injury to the domestic industry producing like or directly com petitive articles, the United States shall be free to withdraw or modify the con cession, or suspend the other obligation, in whole or in part, to the extent and for such time as may be necessary to prevent such injury.
11. There shall be obtained from every government or instrumentality thereof with which any trade agreement is here after entered into a most-favored-nation commitment securing for the United States the benefits of all tariff conces sions and other tariff advantages ac corded by the other party or parties to the agreement to any third country.
This provision shall be subject to the minimum of necessary exceptions and shall be designed to obtain the greatest possible benefit for the trade of the United States.
PART III ADMINISTRATION OF AGREEMENTS
12. The Trade Agreements Committee shall at all times keep informed of the operation and effect of all trade agree ments which are in force. It shall rec ommend to the President or to one or more of the agencies represented on the Committee such action as is considered required or appropriate to carry ot any such trade agreement or any rectifica tions and amendments thereof not re quiring compliance with the procedures set forth in paragraphs 4 and 5 hereof.
The Trade Agreements Committee shall, in particular, keep informed of discrim-
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inatiohs by any country against the trade of the United States which cannot be removed by normal diplomatic repre sentations, and, if it considers that the public interest will be served thereby, shall recommend to the President the withholding from such country of the benefit of concessions granted under the Trade Agreements Act, as amended. The Committee may also consider such other questions of commercial policy as have a bearing on its activities with respect to trade agreements.
13. The Tariff Commission, upon the request of the President, upon its own motion, or upon application of any inter ested party when in the judgment of the Tariff Commission there is good and sufficient reason therefor, shall make an investigation to determine whether, as a result of unforeseen developments and of the concession granted, or other obli gation incurred, by the United States with respect to any article to which a clause similar to that provided for in paragraph 10 hereof is applicable, such article is being imported in such rela tively increased quantities and under such conditions as to cause or threaten serious injury to the domestic industry producing like or directly competitive articles. Should the Tariff Commission find, as a result of its investigation, that such injury is being caused or threatened, it shall recommend to the President, for his consideration in the light of the pub lic interest, the withdrawal or modifica tion of the concession, or the suspension of the other obligation, in whole or in part, to the extent and for such time as the Tariff Commission finds necessary to prevent such injury. In the course of any investigation under this para graph, the Tariff Commission shall hold hearings, giving reasonable public notice thereof, and shall afford reasonable op portunity for parties interested to be present, to produce evidence, and to be heard at such hearings. The procedure and rules and regulations for such in vestigations and hearings shall from time to time be prescribed by the Tariff Commission.
14. The Tariff Commission shall at all times keep informed concerning the operation and effect of provisions relat ing to duties or other import restrictions of the United States contained in trade agreements heretofore or hereafter en tered into by the President under the authority of the Trade Agreements Act, as amended. The Tariff Commission, at least once a year, shall submit to the President and to the Congress a factual report on the operation of the tradeagreements program.
15. The Committee for Reciprocity In
formation shall accord reasonable op portunity to interested persons to present their views with respect to the operation and effect of trade agreements which are in force or to any aspect thereof.
PART IV TRANSITORY PROVISIONS
16. All action relative to trade agree ments already concluded or to the con clusion of new trade agreements which has been taken by the Trade Agreements Committee or by the Committee for Reciprocity Information between June 25, 1948, and the date of this order shall be considered as pro tanto compliance