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Meat Import Act of 1979
Meat Import Act of 1979
19 U.S.C. § 2253 : US Code – Section 2253: Action by President after determination of import injury
This description of the Meat Import Act of 1979 tracks the language of the U.S. Code, except that, sometimes, we use plain English and that we may refer to the “Act” (meaning Meat Import Act of 1979) rather than to the “subchapter” or the “title” of the United States Code.
U.S. Code Citation
19 U.S.C. § 2253
U.S. Code Section and Head
Text of the Section
(a) In general (1)(A) After receiving a report under section 2252(f) of this title containing an affirmative finding regarding serious injury, or the threat thereof, to a domestic industry, the President shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. (B) The action taken by the President under subparagraph (A) shall be to such extent, and for such duration, subject to subsection (e)(1) of this section, that the President determines to be appropriate and feasible under such subparagraph. (C) The interagency trade organization established under section 1872(a) of this title shall, with respect to each affirmative determination reported under section 2252(f) of this title, make a recommendation to the President as to what action the President should take under subparagraph (A). (2) In determining what action to take under paragraph (1), the President shall take into account – (A) the recommendation and report of the Commission; (B) the extent to which workers and firms in the domestic industry are – (i) benefitting from adjustment assistance and other manpower programs, and (ii) engaged in worker retraining efforts; (C) the efforts being made, or to be implemented, by the domestic industry (including the efforts included in any adjustment plan or commitment submitted to the Commission under section 2252(a) of this title) to make a positive adjustment to import competition; (D) the probable effectiveness of the actions authorized under paragraph (3) to facilitate positive adjustment to import competition; (E) the short- and long-term economic and social costs of the actions authorized under paragraph (3) relative to their short- and long-term economic and social benefits and other considerations relative to the position of the domestic industry in the United States economy; (F) other factors related to the national economic interest of the United States, including, but not limited to – (i) the economic and social costs which would be incurred by taxpayers, communities, and workers if import relief were not provided under this part, (ii) the effect of the implementation of actions under this section on consumers and on competition in domestic markets for articles, and (iii) the impact on United States industries and firms as a result of international obligations regarding compensation; (G) the extent to which there is diversion of foreign exports to the United States market by reason of foreign restraints; (H) the potential for circumvention of any action taken under this section; (I) the national security interests of the United States; and (J) the factors required to be considered by the Commission under section 2252(e)(5) of this title.
More in the Section (Meat Import Act of 1979)
(3) The President may, for purposes of taking action under paragraph (1) – (A) proclaim an increase in, or the imposition of, any duty on the imported article; (B) proclaim a tariff-rate quota on the article; (C) proclaim a modification or imposition of any quantitative restriction on the importation of the article into the United States; (D) implement one or more appropriate adjustment measures, including the provision of trade adjustment assistance under part 2 of this subchapter; (E) negotiate, conclude, and carry out agreements with foreign countries limiting the export from foreign countries and the import into the United States of such article; (F) proclaim procedures necessary to allocate among importers by the auction of import licenses quantities of the article that are permitted to be imported into the United States; (G) initiate international negotiations to address the underlying cause of the increase in imports of the article or otherwise to alleviate the injury or threat thereof; (H) submit to Congress legislative proposals to facilitate the efforts of the domestic industry to make a positive adjustment to import competition; (I) take any other action which may be taken by the President under the authority of law and which the President considers appropriate and feasible for purposes of paragraph (1); and (J) take any combination of actions listed in subparagraphs (A) through (I). (4)(A) Subject to subparagraph (B), the President shall take action under paragraph (1) within 60 days (50 days if the President has proclaimed provisional relief under section 2252(d)(2)(D) of this title with respect to the article concerned) after receiving a report from the Commission containing an affirmative determination under section 2252(b)(1) of this title (or a determination under such section which he considers to be an affirmative determination by reason of section 1330(d) of this title). (B) If a supplemental report is requested under paragraph (5), the President shall take action under paragraph (1) within 30 days after the supplemental report is received, except that, in a case in which the President has proclaimed provisional relief under section 2252(d)(2)(D) of this title with respect to the article concerned, action by the President under paragraph (1) may not be taken later than the 200th day after the provisional relief was proclaimed. (5) The President may, within 15 days after the date on which he receives a report from the Commission containing an affirmative determination under section 2252(b)(1) of this title, 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 the industry in a supplemental report.
More in the Section
(b) Reports to Congress (1) On the day the President takes action under subsection (a)(1) of this section, the President shall transmit to Congress a document describing the action and the reasons for taking the action. If the action taken by the President differs from the action required to be recommended by the Commission under section 2252(e)(1) of this title, the President shall state in detail the reasons for the difference. (2) On the day on which the President decides that there is no appropriate and feasible action to take under subsection (a)(1) of this section with respect to a domestic industry, the President shall transmit to Congress a document that sets forth in detail the reasons for the decision. (3) On the day on which the President takes any action under subsection (a)(1) of this section that is not reported under paragraph (1), the President shall transmit to Congress a document setting forth the action being taken and the reasons therefor. (c) Implementation of action recommended by Commission If the President reports under subsection (b)(1) or (2) of this section that – (1) the action taken under subsection (a)(1) of this section differs from the action recommended by the Commission under section 2252(e)(1) of this title; or (2) no action will be taken under subsection (a)(1) of this section with respect to the domestic industry; the action recommended by the Commission shall take effect (as provided in subsection (d)(2) of this section) upon the enactment of a joint resolution described in section 2192(a)(1)(A) of this title within the 90-day period beginning on the date on which the document referred to in subsection (b)(1) or (2) of this section is transmitted to the Congress. (d) Time for taking effect of certain relief (1) Except as provided in paragraph (2), any action described in subsection (a)(3)(A), (B), or (C) of this section, that is taken under subsection (a)(1) of this section shall take effect within 15 days after the day on which the President proclaims the action, unless the President announces, on the date he decides to take such action, his intention to negotiate one or more agreements described in subsection (a)(3)(E) of this section in which case the action under subsection (a)(3)(A), (B), or (C) of this section shall be proclaimed and take effect within 90 days after the date of such decision. (2) If the contingency set forth in subsection (c) of this section occurs, the President shall, within 30 days after the date of the enactment of the joint resolution referred to in such subsection, proclaim the action recommended by the Commission under section 2252(e)(1) of this title.
More in this Title of the US Code
(e) Limitations on actions (1)(A) Subject to subparagraph (B), the duration of the period in which an action taken under this section may be in effect shall not exceed 4 years. Such period shall include the period, if any, in which provisional relief under section 2252(d) of this title was in effect. (B)(i) Subject to clause (ii), the President, after receiving an affirmative determination from the Commission under section 2254(c) of this title (or, if the Commission is equally divided in its determination, a determination which the President considers to be an affirmative determination of the Commission), may extend the effective period of any action under this section if the President determines that – (I) the action continues to be necessary to prevent or remedy the serious injury; and (II) there is evidence that the domestic industry is making a positive adjustment to import competition. (ii) The effective period of any action under this section, including any extensions thereof, may not, in the aggregate, exceed 8 years. (2) Action of a type described in subsection (a)(3)(A), (B), or (C) of this section may be taken under subsection (a)(1) of this section, under section 2252(d)(1)(G) of this title, or under section 2252(d)(2)(D) of this title only to the extent the cumulative impact of such action does not exceed the amount necessary to prevent or remedy the serious injury. (3) No action may be taken under this section which would increase a rate of duty to (or impose a rate) which is more than 50 percent ad valorem above the rate (if any) existing at the time the action is taken. (4) Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the average quantity or value of such article entered into the United States in the most recent 3 years that are representative of imports of such article and for which data are available, unless the President finds that the importation of a different quantity or value is clearly justified in order to prevent or remedy the serious injury. (5) An action described in subsection (a)(3)(A), (B), or (C) of this section that has an effective period of more than 1 year shall be phased down at regular intervals during the period in which the action is in effect. (6)(A) The suspension, pursuant to any action taken under this section, of – (i) subheadings 9802.00.60 or 9802.00.80 of the Harmonized Tariff Schedule of the United States with respect to an article; and (ii) the designation of any article as an eligible article for purposes of subchapter V of this chapter; shall be treated as an increase in duty. (B) No proclamation providing for a suspension referred to in subparagraph (A) with respect to any article may be made by the President, nor may any such suspension be recommended by the Commission under section 2252(e) of this title, unless the Commission, in addition to making an affirmative determination under section 2252(b)(1) of this title, determines in the course of its investigation under section 2252(b) of this title that the serious injury, or threat thereof, substantially caused by imports to the domestic industry producing a like or directly competitive article results from, as the case may be – (i) the application of subheading 9802.00.60 or subheading 9802.00.80 of the Harmonized Tariff Schedule of the United States; or (ii) the designation of the article as an eligible article for the purposes of subchapter V of this chapter.
Development of the Title
(7)(A) If an article was the subject of an action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this section, no new action may be taken under any of those subparagraphs with respect to such article for – (i) a period beginning on the date on which the previous action terminates that is equal to the period in which the previous action was in effect, or (ii) a period of 2 years beginning on the date on which the previous action terminates, whichever is greater. (B) Notwithstanding subparagraph (A), if the previous action under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this section with respect to an article was in effect for a period of 180 days or less, the President may take a new action under any of those subparagraphs with respect to such article if – (i) at least 1 year has elapsed since the previous action went into effect; and (ii) an action described in any of those subparagraphs has not been taken with respect to such article more than twice in the 5- year period immediately preceding the date on which the new action with respect to such article first becomes effective. (f) Certain agreements (1) If the President takes action under this section other than the implemention (!1) of agreements of the type described in subsection (a)(3)(E) of this section, the President may, after such action takes effect, negotiate agreements of the type described in subsection (a)(3)(E) of this section, and may, after such agreements take effect, suspend or terminate, in whole or in part, any action previously taken. (2) If an agreement implemented under subsection (a)(3)(E) of this section is not effective, the President may, consistent with the limitations contained in subsection (e) of this section, take additional action under subsection (a) of this section. (g) Regulations (1) The President shall by regulation provide for the efficient and fair administration of all actions taken for the purpose of providing import relief under this part. (2) In order to carry out an international agreement concluded under this part, the President may prescribe regulations governing the entry or withdrawal from warehouse of articles covered by such agreement. In addition, in order to carry out any agreement of the type described in subsection (a)(3)(E) of this section that is concluded under this part with one or more countries accounting for a major part of United States imports of the article covered by such agreement, including imports into a major geographic area of the United States, the President may 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.
Act Details
Meat Import Act of 1979 was, as a bill, a proposal (now, a piece of legislation) introduced on 1979-03-08 in the House of Commons and Senate respectively of the 96 United States Congress by Al Ullman in relation with: Agriculture and Rural Affairs, Agriculture in foreign trade, Beef, Food and Food Industry, Foreign Trade and Investments, Foreign trade and international finance, Import restrictions, Imports, Livestock, Meat, Sheep, Tariff, Trade agreements.
Meat Import Act of 1979 became law (1) in the United States on 1979-12-31. It was referred to the following Committee(s): (2)
House Ways and Means (HSWM)
Senate Finance (SSFI)
Al Ullman, Representative from Oregon, district 2
The proposal had the following cosponsors:
James Abdnor, Republican, Senator, from South Dakota, district 2
William Vollie (bill) Alexander, Democrat, Representative, from Arkansas, district 1
Mark Andrews, Republican, Senator, from North Dakota
Bill Archer, Representative, from Texas, district 7
Thomas William Ludlow Ashley, Democrat, Representative, from Ohio, district 9
Alvin James Baldus, Democrat, Representative, from Wisconsin, district 3
Robin Leo Beard, Republican, Representative, from Tennessee, district 6
Douglas Kent Bereuter, Republican, Representative, from Nebraska, district 1
Edwin Ruthvin Bethune, Republican, Representative, from Arkansas, district 2
Tom Bevill, Democrat, Representative, from Alabama, district 4
Clair Walter Burgener, Republican, Representative, from California, district 43
John Joseph Cavanaugh, Democrat, Representative, from Nebraska, district 2
Dick Cheney, Representative
Anthony Coelho, Representative, from California, district 15
Earl Thomas Coleman, Republican, Representative, from Missouri, district 6
Tom Corcoran, Representative, from Illinois, district 15
James Charles Corman, Democrat, Representative, from California, district 21
Thomas Daschle, Senator, from South Dakota, district 1
la de, Representative, from Texas, district 15
William Louis Dickinson, Republican, Representative, from Alabama, district 2
Thomas Joseph Downey, Democrat, Representative, from New York, district 2
Robert William Edgar, Democrat, Representative, from Pennsylvania, district 7
Glenn Lee English, Democrat, Representative, from Oklahoma, district 6
Billy Lee Evans, Democrat, Representative, from Georgia, district 8
Melvin Herbert Evans, Republican, Delegate
Victor Herbert Fazio, Democrat, Representative, from California, district 4
Floyd James Fithian, Democrat, Representative, from Indiana, district 2
Ronnie Gene Flippo, Democrat, Representative, from Alabama, district 5
Daniel John Flood, Democrat, Representative, from Pennsylvania, district 11
Thomas Foley, Representative, from Washington, district 5
Harold Eugene Ford, Democrat, Representative, from Tennessee, district 8
Wyche Fowler, Democrat, Senator, from Georgia, district 5
Don Fuqua, Democrat, Representative, from Florida, district 2
Albert Arnold Gore, Democrat, Senator, from Tennessee, district 4
Frank Joseph Guarini, Democrat, Representative, from New Jersey, district 14
Kent Ronald Hance, Democrat, Representative, from Texas, district 19
Cecil Landau Heftel, Democrat, Representative, from Hawaii, district 1
Jack English Hightower, Democrat, Representative, from Texas, district 13
Kenneth Lamar Holland, Democrat, Representative, from South Carolina, district 5
Thomas Jerald Huckaby, Democrat, Representative, from Louisiana, district 5
Richard Howard Ichord, Democrat, Representative, from Missouri, district 8
Andrew Poysell (andy) Ireland, Republican, Representative, from Florida, district 8
Andrew Jacobs, Democrat, Representative, from Indiana, district 11
James Merrill Jeffords, Republican; Independent, Senator, from Vermont
Edgar Lanier (ed) Jenkins, Democrat, Representative, from Georgia, district 9
Ed Jones, Democrat, Representative, from Tennessee, district 7
Walter Beaman Jones, Democrat, Representative, from North Carolina, district 1
Raymond Peter Kogovsek, Democrat, Representative, from Colorado, district 3
Kenneth Bentley Kramer, Republican, Representative, from Colorado, district 5
Anthony Claude Leach, Democrat, Representative, from Louisiana, district 4
James Albert Smith Leach, Republican, Representative, from Iowa, district 1
Marilyn Laird Lloyd, Democrat, Representative, from Tennessee, district 3
Tom Loeffler, Representative, from Texas, district 21
Manuel Lujan, Representative, from New Mexico, district 1
Edward Rell Madigan, Republican, Representative, from Illinois, district 21
Ronald Charles Marlenee, Republican, Representative, from Montana, district 2
David Daniel Marriott, Republican, Representative, from Utah, district 2
Marvin Dawson Mathis, Democrat, Representative, from Georgia, district 2
Koln Gunn Mckay, Democrat, Representative, from Utah, district 1
Norman Y. Mineta, Democrat, Representative, from California, district 13
G Montgomery, Representative, from Mississippi, district 3
William Henson Moore, Republican, Representative, from Louisiana, district 6
John Thomas Myers, Republican, Representative, from Indiana, district 7
Bill Nichols, Representative, from Alabama, district 3
Richard Michael Nolan, Democrat, Representative, from Minnesota, district 6
James Oberstar, Representative, from Minnesota, district 8
Leon Edward Panetta, Democrat, Representative, from California, district 16
Charles Pashayan, Republican, Representative, from California, district 17
Edward James Patten, Democrat, Representative, from New Jersey, district 15
Keith George Sebelius, Republican, Representative, from Kansas, district 1
Norman David Shumway, Republican, Representative, from California, district 14
Paul Simon, Senator, from Illinois, district 24
Ike Skelton, Representative, from Missouri, district 4
Virginia Dodd Smith, Republican, Representative, from Nebraska, district 3
Arlan Ingehart Stangeland, Republican, Representative, from Minnesota, district 7
Tom Steed, Representative, from Oklahoma, district 4
Bob Stump, Representative, from Arizona, district 3
Steven Douglas Symms, Republican, Senator, from Idaho, district 1
Mike Synar, Representative, from Oklahoma, district 2
Thomas Joseph Tauke, Republican, Representative, from Iowa, district 2
Gene Taylor, Republican, Representative, from Missouri, district 7
William Marshall Thomas, Republican, Representative, from California, district 18
Jerome Bob Traxler, Democrat, Representative, from Michigan, district 8
Bruce Frank Vento, Democrat Farmer Labor, Representative, from Minnesota, district 4
Harold Lee Volkmer, Democrat, Representative, from Missouri, district 9
Wesley Wade Watkins, Republican, Representative, from Oklahoma, district 3
James Howard Weaver, Democrat, Representative, from Oregon, district 4
Jamie Lloyd Whitten, Democrat, Representative, from Mississippi, district 1
John Patrick Williams, Democrat, Representative, from Montana, district 1
Robert Carlton (bob) Wilson, Republican, Representative, from California, district 41
Larry Winn, Representative, from Kansas, district 3
Robert Young, Representative, from Missouri, district 2
Leo C. Zeferetti, Democrat, Representative, from New York, district 15
Act Overview
Text of the Meat Import Act of 1979
(Measure passed House amended roll call #660 (352-48)) Meat Import Act of 1979 – Limits the maximum aggregate quantity of specified meat articles which may be entered or withdrawn from warehouses for consumption in the customs territory of the United States in any calendar year after 1979 to 1204600000 pounds adjustable according to a specified formula. Excludes from the domestic commercial production factor in such formula the carcass weight of live cattle specified in certain Tariff Schedules. Requires a further adjustment of such annual aggregate quantity by multiplying it by a ratio of: (1) the average annual per capita production of domestic cow beef during a calendar year (as estimated) and the four preceding calendar years; to (2) the average annual per capita production of domestic cow beef in the calendar year. Directs the Secretary of Agriculture for each calendar year after 1979 to estimate and publish the aggregate quantity of meat articles prescribed for such year as well as the quantity that would be entered into the United States but for the limitations. Directs the President to limit by proclamation the total quantity of meat articles entered into the United States whenever such quantity equals or exceeds 110 percent of the Secretary's estimate but prohibits limitation below 1250000000 pounds. Directs the President to include within such limitations high-quality beef specially processed into fancy cuts pursuant to the Trade Agreement Act of 1979. Requires the termination of any limitation as of the first day of a calendar quarter under most circumstances if before such quarter the aggregate quantity is less than 110 percent of the Secretary's estimate. Permits the President upon giving 30 days notice in the Federal Register to suspend any proclamation or increase any amount proclaimed as required by the preceding provision if: (1) required by economic or national security interests; (2) supplies are inadequate to meet domestic demand at reasonable prices; or (3) trade agreements ensure the execution of the policy. Prohibits the President from increasing the total quantity of meat imports if the above ratio is less than 1.0 unless: (1) a period of national emergency is declared; (2) supplies are inadequate because of a natural disaster disease or national market disruption to meet demand at reasonable prices; or (3) revised calculations based on actual data yield a quotient of 1.0 or more. Prohibits such suspension or increase from extending beyond the termination of the national emergency. Requires the Secretary to allocate the entry quota of meat articles proclaimed by the President among supplying countries on the basis of their representative shares of the United States market for meat articles during the respective period taking into account any special factors. Directs the Secretary to study the regional economic impact of imports of meat articles and report any recommendations to the appropriate committees of Congress by June 30 1980. Amends the Tariff Schedules of the United States to provide for separate tariff provisions for goat and sheep meat (formerly a single provision).
Act Notes
- [Note 1] An Act (like Meat Import Act of 1979) or a resolution cannot become a law in the United States until it has been approved (passed) in identical form by both the House of Representatives and the Senate, as well as signed by the President (but see (5)). If the two bodys of the Congress versions of an Act are not identical, one of the bodies might decide to take a further vote to adopt the bill (see more about the Congress process here). An Act may be pass in identical form with or without amendments and with or without conference. (see more about Enrollment).
- [Note 2] Proposals are referred to committees for preliminary consideration, then debated, amended, and passed (or rejected) by the full House or Senate. To prevent endless shuttling of bills between the House and Senate, bills like Meat Import Act of 1979 are referred to joint committees made up of members of both houses.
- [Note 3] For more information regarding this legislative proposal, go to THOMAS, select “Bill Number,” search on (Meat Import Act of 1979)
- [Note 4] A bill to modify the method of establishing quotas on the importation of certain meat, to include within such quotas certain meat products, and for other purposes. The current official title of a bill is always present, assigned at introduction (for example, in this case, on 1979-03-08) and can be revised any time. This type of titles are sentences.
- [Note 5] The Act is referred to the appropriate committee by the Speaker of any of the two Houses. Bills are placed on the calendar of the committee to which they have been assigned. See Assignment Process.
- [Note 6] Regarding exceptions to President´s approval, a bill that is not signed (returned unsigned) by the President can still become law if at lest two thirds of each of the two bodys of the Congress votes to pass it, which is an infrequent case. See also Presidential Veto.
- [Note 7] Legislative Proposal types can be: hr, hres, hjres, hconres, s, sres, sjres, sconres. A bill originating in the Senate is designated by the letter “S”, and a bill originating from the House of Representatives begins with “H.R.”, followed, in both cases, by its individual number which it retains throughout all its parliamentary process.
- [Note 8] For information regarding related bill/s to Meat Import Act of 1979, go to THOMAS.
Analysis
No analysis (criticism, advocacy, etc.) about Meat Import Act of 1979 submitted yet.
Agriculture and Rural Affairs
Agriculture in foreign trade
Beef
Food and Food Industry
Foreign Trade and Investments
Foreign trade and international finance
Import restrictions
Imports
Livestock
Meat
Sheep
Tariff
Trade agreements
Further Reading
- “How our laws are made”, Edward F Willett; Jack Brooks, Washington, U.S. G.P.O.
- “To make all laws : the Congress of the United States, 1789-1989”, James H Hutson- Washington, Library of Congress.
- “Bills introduced and laws enacted: selected legislative statistics, 1947-1990”, Rozanne M Barry; Library of Congress. Congressional Research Service.