--- kind: "range" citation: "19 U.S.C. §§ 1360–1367" title: "19" from: "1360" to: "1367" count: 5 release: "119-102" url: "https://uscodex.org/usc/19/1360..1367" --- # §1360. Investigation before trade negotiations - (a) **Report by International Trade Commission—** Before entering into negotiations concerning any proposed foreign [trade agreement](/usc/19/2504.md?p=c-4-A) under [section 1351 of this title](/usc/19/1351.md), the President shall furnish the United States International Trade Commission (hereinafter in sections [1352(a)](/usc/19/1352.md?p=a), [(c)](/usc/19/1352.md?p=c), [1354](/usc/19/1354.md), and [1360 to 1367](/usc/19/1360..1367.md) of this title, and [section 624(b) of title 7](/usc/7/624.md?p=b), referred to as the “Commission”) with a list of all articles imported into the United States to be considered for possible modification of duties and other import restrictions, imposition of additional import restrictions, or continuance of existing customs or excise treatment. Upon receipt of such list the Commission shall make an investigation and report to the President the findings of the Commission with respect to each such article as to (1) the limit to which such modification, imposition, or continuance may be extended in order to carry out the purpose of said section without causing or threatening serious injury to the domestic industry producing like or directly competitive articles; and (2) if increases in duties or additional import restrictions are required to avoid serious injury to the domestic industry producing like or directly competitive articles the minimum increases in duties or additional import restrictions required. Such report shall be made by the Commission to the President not later than six months after the receipt of such list by the Commission. No such foreign [trade agreement](/usc/19/2504.md?p=c-4-A) shall be entered into until the Commission has made its report to the President or until the expiration of the six-month period. - (b) **Procedures and determinations—** - (1) In the course of any investigation pursuant to this section the Commission shall hold hearings and give reasonable public notice thereof, and shall afford reasonable opportunity for parties interested to be present, to produce evidence, and to be heard at such hearings. If in the course of any such investigation the Commission shall find with respect to any article on the list upon which a tariff concession has been granted that an increase in duty or additional import restriction is required to avoid serious injury to the domestic industry producing like or directly competitive articles, the Commission shall promptly institute an investigation with respect to that article pursuant to [section 1364 of this title](https://uscode.house.gov/view.xhtml?req=(/us/usc/t19/s1364)). - (2) In each such investigation the Commission shall, to the extent practicable and without excluding other factors, ascertain for the last calendar year preceding the investigation the average invoice price on a country-of-origin basis (converted into currency of the United States in accordance with the provisions of [section 5151 of title 31](/usc/31/5151.md)) at which the foreign article was sold for export to the United States, and the average prices at which the like or directly competitive domestic articles were sold at wholesale in the principal markets of the United States. The Commission shall also, to the extent practicable, estimate for each article on the list the maximum increase in annual imports which may occur without causing serious injury to the domestic industry producing like or directly competitive articles. The Commission shall request the executive departments and agencies for information in their possession concerning prices and other economic data from the principal supplier foreign country of each such article. # §1361. Action by President; reports to Congress - (a) **Transmittal by President of trade agreement and message to Congress—** Within thirty days after any [trade agreement](/usc/19/2504.md?p=c-4-A) under [section 1351 of this title](/usc/19/1351.md) has been entered into which, when effective, will (1) require or make appropriate any modification of duties or other import restrictions, the imposition of additional import restrictions, or the continuance of existing customs or excise treatment, which modification, imposition, or continuance will exceed the limit to which such modification, imposition, or continuance may be extended without causing or threatening serious injury to the domestic industry producing like or directly competitive articles as found and reported by the United States International Trade Commission under [section 1360 of this title](/usc/19/1360.md), or (2) fail to require or make appropriate the minimum increase in duty or additional import restrictions required to avoid such injury, the President shall transmit to Congress a copy of such [agreement](/usc/19/2518.md?p=1) together with a message accurately identifying the article with respect to which such limits or minimum requirements are not complied with, and stating his reasons for the action taken with respect to such article. If either the Senate or the House of Representatives, or both, are not in session at the time of such transmission, such [agreement](/usc/19/2518.md?p=1) and message shall be filed with the Secretary of the Senate or the Clerk of the House of Representatives, or both, as the case may be. - (b) **Transmittal by Commission of copy of report to the President to Congressional committees—** Promptly after the President has transmitted such foreign [trade agreement](/usc/19/2504.md?p=c-4-A) to Congress the Commission shall deposit with the [Committee](/usc/19/2601.md?p=3) on Ways and Means of the House of Representatives, and the [Committee](/usc/19/2601.md?p=3) on Finance of the Senate, a copy of the portions of its report to the President dealing with the articles with respect to which such limits or minimum requirements are not complied with. # [§§1362 to 1365. Repealed. Pub. L. 87–794, title II, § 257(e)(1), Oct. 11, 1962, 76 Stat. 882 — repealed] # §1366. General Agreement on Tariff and Trade un­affected The enactment of sections [1352(a)](/usc/19/1352.md?p=a), [(c)](/usc/19/1352.md?p=c), [1354](/usc/19/1354.md), and [1360 to 1367](/usc/19/1360..1367.md) of this title, and [section 624(f) of title 7](/usc/7/624.md?p=f), shall not be construed to determine or indicate the approval or disapproval by the Congress of the Executive [Agreement](/usc/19/2518.md?p=1) known as the General [Agreement](/usc/19/2518.md?p=1) on Tariffs and Trade. # [§1367. Repealed. Pub. L. 87–456, title III, § 303(c), May 24, 1962, 76 Stat. 78 — repealed]