§ 2011. — Implementation of the Agreement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC2011]
TITLE 19--CUSTOMS DUTIES
CHAPTER 8--AUTOMOTIVE PRODUCTS
SUBCHAPTER II--BASIC AUTHORITIES
Sec. 2011. Implementation of the Agreement
(a) Modification of Harmonized Tariff Schedule
The President is authorized to proclaim the modifications of the
Harmonized Tariff Schedule of the United States provided for in title IV
of this Act.
(b) Duty-free treatment of Canadian motor-vehicle equipment
At any time after the issuance of the proclamation authorized by
subsection (a) of this section, the President is authorized to proclaim
further modifications of the Harmonized Tariff Schedule of the United
States to provide for the duty-free treatment of any Canadian article
which is original motor-vehicle equipment (as defined by such Schedules
as modified pursuant to subsection (a) of this section) if he determines
that the importation of such article is actually or potentially of
commercial significance and that such duty-free treatment is required to
carry out the Agreement.
(Pub. L. 89-283, title II, Sec. 201, Oct. 21, 1965, 79 Stat. 1016; Pub.
L. 100-418, title I, Sec. 1214(i), Aug. 23, 1988, 102 Stat. 1157.)
References in Text
The Harmonized Tariff Schedule of the United States, referred to in
text, is not set out in the Code. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
Title IV of this Act, referred to in subsec. (a), means title IV of
Pub. L. 89-283 which amended section 1202 of this title and Schedules 2,
3, 5, 6, and 7 of the Tariff Schedules of the United States, and enacted
provisions set out as a note preceding section 1202 of this title.
The Agreement, referred to in subsec. (b), is the Agreement
Concerning Automotive Products, which was entered into between the
United States and Canada on January 16, 1965, see Proc. No. 3682, Oct.
21, 1965, 30 F.R. 13683 and Proc. No. 3743, Sept. 8, 1966, 31 F.R.
12003, set out as notes below.
Amendments
1988--Subsecs. (a), (b). Pub. L. 100-418 substituted ``Harmonized
Tariff Schedule of the United States'' for ``Tariff Schedules of the
United States''.
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable
with respect to articles entered on or after such date, see section
1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under
section 3001 of this title.
Proc. No. 3682. Implementation of Agreement Concerning Automotive
Products
Proc. No. 3682, Oct. 21, 1965, 30 F.R. 13683, provided:
WHEREAS the United States and Canada on January 16, 1965, entered
into an Agreement Concerning Automotive Products, which provides that
Canada shall accord duty-free treatment to imports of certain automotive
products of the United States and that, after enactment of implementing
legislation, the United States shall accord duty-free treatment to
certain automotive products of Canada retroactively to the earliest date
administratively possible following the date on which the agreement has
been implemented by Canada (art. II, 89th Cong. 1st sess., H. Rep. 537,
38);
WHEREAS the agreement of January 16, 1965, was implemented by Canada
through the granting of the requisite duty-free treatment to United
States products on January 18, 1965;
WHEREAS title II [sections 2011 to 2015 of this title] and IV
[amending section 1202 of this title] of the Automotive Products Trade
Act of 1965 have been enacted to provide for modifications of the Tariff
Schedules of the United States (19 U.S.C. 1202) to implement the
agreement of January 16, 1965, such modifications to enter into force in
the manner proclaimed by the President (79 Stat. 1016);
WHEREAS sections 201(a) and 203 of the Automotive Products Trade Act
of 1965 [subsec. (a) of this section and section 2013 of this title]
authorize the President to proclaim the modifications of the Tariff
Schedules of the United States provided for in sections 403, 404, and
405 of that Act [amending section 1202 of this title] with retroactive
effect as of the earliest date after January 17, 1965, which he
determines to be practicable, and section 401(b) of that Act provides
that the rates of duty in column numbered 1 of the tariff schedules that
are modified pursuant to such proclamation shall be treated as having
been proclaimed by the President as being required to carry out a
foreign trade agreement to which the United States is a party (79 Stat.
1016); and
WHEREAS I determine that the earliest date, after January 17, 1965,
as of which it is practicable to give retroactive effect to this
proclamation is January 18, 1965:
NOW, THEREFORE, I, LYNDON B. JOHNSON, under the authority vested in
me by the Constitution and the statutes, particularly sections 201(a)
and 203 of the Automotive Products Trade Act of 1965 [subsec. (a) of
this section and section 2013 of this title], do proclaim (1) that the
modifications of the Tariff Schedules of the United States provided for
in sections 403 and 404 of that Act [amending section 1202 of this
title] shall enter into force on the day following the date of this
proclamation, and (2) that the modifications of the tariff schedules
provided for in section 405 of that Act [amending section 1202 of this
title] shall enter into force on December 20, 1965, effective with
respect to articles which are or have been entered for consumption, or
for warehouse, on or after January 18, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this twenty-first day of October in
the year of our Lord nineteen hundred and sixty-five, and of the
Independence of the United States of America the one hundred and
ninetieth.
[seal]
Lyndon B. Johnson.
Proc. No. 3743. Implementation of Agreement Concerning Automotive
Products
Proc. No. 3743, Sept. 8, 1966, 31 F.R. 12003, provided:
WHEREAS the United States and Canada on January 16, 1965, entered
into an Agreement Concerning Automotive Products, which provides that
Canada shall accord duty-free treatment to imports of certain automotive
products of the United States and that, after enactment of implementing
legislation, the United States shall accord duty-free treatment to
certain automotive products of Canada retroactively to the earliest date
administratively possible following the date on which the agreement has
been implemented by Canada (art. II, 89th Cong. 1st sess., H. Rep. 537,
38);
WHEREAS, the agreement of January 16, 1965, was implemented by
Canada through the granting of the requisite duty-free treatment to
United States products on January 18, 1965;
WHEREAS titles II [sections 2011 to 2015 of this title] and IV of
the Automotive Products Trade Act of 1965 [amending section 1202 of this
title] have been enacted to provide for modifications of the Tariff
Schedules of the United States (19 U.S.C. 1202) to implement the
agreement of January 16, 1965, such modifications to enter into force in
the manner proclaimed by the President (79 Stat. 1016);
WHEREAS sections 201 and 203 of the Automotive Products Trade Act of
1965 [sections 2011 and 2013 of this title] authorize the President to
proclaim such modifications of the Tariff Schedules of the United States
as will provide for the duty-free treatment of Canadian articles which
are original motor-vehicle equipment either if the modifications of such
articles are set forth in title IV of that Act [amending section 1202 of
this title] or if the President subsequently determines that the
importation of the articles is actually or potentially of commercial
significance and that such duty-free treatment is required by the
agreement, such proclamation to provide for retroactive effect for such
duty-free treatment as of the earliest date after January 17, 1965,
which the President determines to be practicable;
WHEREAS, by Proclamation No. 3682 of October 21, 1965 (30 F.R.
13683), the President pursuant to sections 201 and 203 [sections 2011
and 2013 of this title] proclaimed the modifications of the Tariff
Schedules of the United States provided for in title IV of the
Automotive Products Trade Act of 1965 [amending section 1202 of this
title]; and
WHEREAS I determine (a) under subsection (b) of section 201
[subsection (b) of this section] that the importation of the Canadian
articles which are original motor-vehicle equipment and which are
dutiable under TSUS items 688.04, 688.06, and 688.15 is actually or
potentially of commercial significance and that duty-free treatment of
such Canadian articles is required to carry out the agreement of January
16, 1965, and (b) under section 203 [section 2013 of this title] that
the earliest date, after January 17, 1965, as of which it is practicable
to give retroactive effect to this proclamation is January 18, 1965:
NOW, THEREFORE, I, LYNDON, B. JOHNSON, under the authority vested in
me by the Constitution and the statutes, particularly sections 201(b)
and 203 of the Automotive Products Trade Act of 1965 [subsection (b) of
this section and section 2013 of this title] do proclaim that the Tariff
Schedules of the United States are modified by inserting in proper
numerical sequence new items 688.05, 688.07, and 688.16, each such item
having the article description ``If Canadian article and original motor-
vehicle equipment (see headnote 2, part 6B, schedule 6) . . .''
subordinate to the immediately preceding article description and having
``Free'' in rate of duty column numbered 1. Such modifications shall
enter into force on the day following the date of this proclamation and
shall be effective with respect to articles which are or have been
entered for consumption, or for warehouse, on or after January 18, 1965.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the City of Washington this eighth day of September in the
year of our Lord nineteen hundred and sixty-six, and of the Independence
of the United States of America the one hundred and ninety-first.
[seal]
Lyndon B. Johnson.
Section Referred to in Other Sections
This section is referred to in sections 2013, 2014, 2021 of this
title.
