Public-domain · open source
OpenJurist

19 U.S.C. § 1352

Section 1352 · Equalization of costs of production

This is the Tariff Act of 1930

Amended 5 times on record

Applied in 6 court decisions — leading case Albert F. Maurer Co. v. United States (1961)

Most recently applied in Murphy Oil Corp. v. Hickel (November 1969)

How often courts cite this section

19341940196019802000202190ch. 474enacted · 1934 · ch. 474ch. 141amended · 1951 · ch. 141Albert F. Maurer Co. v. United Statesleading · 1961 · Albert F. Maurer Co. v. United Statesamended · 1962 · 87-79493-618amended · 1975 · 93-618amended · 1979 · 96-39
citing decisions per year

Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) Application to importation of articles under foreign-trade agreement

The provisions of section 1336 of this title shall not apply to any article with respect to the importation of which into the United States a foreign-trade agreement has been concluded pursuant to this part or the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.] or the Trade Act of 1974 [19 U.S.C. 2101 et seq.] or to any provision of any such agreement. The third paragraph of section 1311 of this title shall apply to any agreement concluded pursuant to this part or the Trade Expansion Act of 1962 or the Trade Act of 1974 to the extent only that such agreement assures to the United States a rate of duty on wheat flour produced in the United States which is preferential in respect to the lowest rate of duty imposed by the country with which such agreement has been concluded on like flour produced in any other country; and upon the withdrawal of wheat flour from bonded manufacturing warehouses for exportation to the country with which such agreement has been concluded, there shall be levied, collected, and paid on the imported wheat used, a duty equal to the amount of such assured preference.

(b) Termination of foreign trade agreement

Every foreign trade agreement concluded pursuant to this part shall be subject to termination, upon due notice to the foreign government concerned, at the end of not more than three years from the date on which the agreement comes into force, and, if not then terminated, shall be subject to termination thereafter upon not more than six months’ notice.

(c) Termination of authority of President

The authority of the President to enter into foreign trade agreements under section 1351 of this title shall terminate on June 30, 1958.

Editorial notes U.S. Code · Office of the Law Revision Counsel

References in Text

The Trade Expansion Act of 1962, referred to in subsec. (a), is Pub. L. 87–794, Oct. 11, 1962, 76 Stat. 872, as amended, which is classified generally to chapter 7 (§1801 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

The Trade Act of 1974, referred to in subsec. (a), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified principally to chapter 12 (§2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.

Amendments

1979—Subsec. (a). Pub. L. 96–39 amended directory language of Pub. L. 93–618, §602(a), to correct a typographical error, and did not involve any change in text. See 1975 Amendment note below.

1975—Subsec. (a). Pub. L. 93–618, as amended by Pub. L. 96–39, inserted reference to the Trade Act of 1974.

1962—Subsec. (a). Pub. L. 87–794 inserted references to agreements concluded pursuant to the Trade Expansion Act of 1962.

1955—Subsec. (c). Act June 21, 1955, substituted “June 30, 1958” for “June 12, 1955”.

1954—Subsec. (c). Act July 1, 1954, substituted “1955” for “1954”.

1953—Subsec. (c). Act Aug. 7, 1953, substituted “1954” for “1953”.

1951—Subsec. (a). Act June 16, 1951, substituted “section 1336 of this title” for “sections 1336 and 1516(b) of this title”.

Subsec. (c). Act June 16, 1951, substituted “1953” for “1951”.

1949—Subsec. (c). Act Sept. 26, 1949, §3, substituted “1953” for “1948”.

1945—Subsec. (c). Act. July 5, 1945, substituted “1948” for “1945”.

1943—Subsec. (c). Joint Res. June 7, 1943, substituted “1945” for “1943”.

1940—Subsec. (c). Joint Res. Apr. 12, 1940, substituted “1943” for “1940”.

1937—Subsec. (c). Act Mar. 1, 1937, substituted “1937” for “1934”.

Repeals

Act Sept. 26, 1949, §2, repealed act June 26, 1948, ch. 678, §2, 62 Stat. 1053, which had extended the President's authority from June 12, 1948, until the close of June 30, 1949.

Extension of Presidential Authority

Section 257(c) of Pub. L. 87–794 extended authority of President to enter into foreign trade agreements under section 350 of the Tariff Act of 1930 (section 1351 of this title) from close of June 30, 1962, until close of Dec. 31, 1962.

Section 2 of Pub. L. 85–686, Aug. 20, 1958, 72 Stat. 673, extended authority of President to enter into foreign trade agreements under section 350 of the Tariff Act of 1930 (section 1351 of this title) from close of June 30, 1958, until close of June 30, 1962.

/19/usc/1352 · .json · Public domain