US (United States) Code. Title 19. Chapter 12: Trade Act of 1974

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Custom duties

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-CITE-

19 USC CHAPTER 12 - TRADE ACT OF 1974 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

.

-HEAD-

CHAPTER 12 - TRADE ACT OF 1974

-MISC1-

Sec.

2101. Short title.

2102. Congressional statement of purpose.

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

PART 1 - RATES OF DUTY AND OTHER TRADE BARRIERS

2111. Basic authority for trade agreements.

(a) Presidential authority to enter into agreement;

modification or continuance of existing duties.

(b) Limitation on authority to decrease duty.

(c) Limitation on authority to increase duty.

2112. Barriers to and other distortions of trade.

(a) Congressional findings; directives; disavowal of

prior approval of legislation.

(b) Presidential determinations prerequisite to entry

into trade agreements; trade with Israel.

(c) Presidential consultation with Congress prior to

entry into trade agreements.

(d) Submission to Congress of agreements, drafts of

implementing bills, and statements of proposed

administrative action.

(e) Steps prerequisite to entry into force of trade

agreements.

(f) Obligations imposed upon foreign countries or

instrumentalities receiving benefits under

trade agreements.

(g) Definitions.

2113. Overall negotiating objective.

2114. Sector negotiating objectives.

(a) Obtaining equivalent competitive opportunities.

(b) Conduct of negotiations on basis of appropriate

product sectors of manufacturing.

(c) Identification of appropriate product sectors of

manufacturing.

(d) Presidential analysis of how negotiating

objectives are achieved in each product sector

by trade agreements.

2114a. Negotiating objectives with respect to trade in services,

foreign direct investment, and high technology products.

(a) Trade in services.

(b) Foreign direct investment.

(c) High technology products.

(d) Definition of barriers and other distortions.

2114b. Provisions relating to international trade in services.

2114c. Trade in services: development, coordination, and

implementation of Federal policies; staff support and other

assistance; specific service sector authorities unaffected;

executive functions.

2114d. Foreign export requirements; consultations and negotiations

for reduction and elimination; restrictions on and exclusion from

entry of products or services; savings provision; compensation

authority applicable.

2114e. Negotiation of agreements concerning high technology

industries.

2115. Bilateral trade agreements.

2116. Agreements with developing countries.

2117. International safeguard procedures.

(a) Harmonization, reduction, or elimination of

barriers and distortions affecting

international trade; use of temporary measures.

(b) Permissible provisions.

2118. Access to supplies.

(a) Fair and equitable access.

(b) Continued availability; reciprocal concessions;

comparable trade obligations.

2119. Staging requirements and rounding authority.

(a) Maximum aggregate reductions in rates of duty.

(b) Simplification of computation.

(c) Ten-year period for commencement of reductions in

rates of duty.

PART 2 - OTHER AUTHORITY

2131. Authorization of appropriation for GATT revision.

2132. Balance-of-payments authority.

(a) Presidential proclamations of temporary import

surcharges and temporary limitations on imports

through quotas in situations of fundamental

international payments problems.

(b) Import restrictions not imposed when contrary to

national interest of United States.

(c) Presidential proclamations liberalizing imports.

(d) Nondiscriminatory treatment of import restricting

actions.

(e) Broad and uniform application of import

restricting actions.

(f) Quantitative limitations.

(g) Suspension, modification, or termination of

proclamations.

(h) Termination of tariff concessions.

2133. Compensation authority.

(a) New concessions.

(b) Reductions in rates of duty.

(c) Consideration of past violations of trade

concessions.

(d) Basic authority for trade agreements as authority

for granting new concessions as compensation.

(e) International obligations determination

prerequisite to application of authority.

2134. Two-year residual authority to negotiate duties.

(a) Trade agreements.

(b) Maximum volume of imported articles subject to

reduction of duties or continuance of duty-free

or excise treatment.

(c) Maximum reduction in duties.

(d) Two-year period of authority.

2135. Termination and withdrawal authority.

(a) Grant of authority for termination or withdrawal

at end of period specified in agreement.

(b) Authority to terminate proclamations at any time.

(c) Increased duties or other import restrictions

following withdrawal, suspension, or

modification of obligations with respect to

trade of foreign countries or

instrumentalities.

(d) Retaliatory authority.

(e) Continuation of duties or other import

restrictions after termination of or withdrawal

from agreements.

(f) Public hearings.

2136. Reciprocal nondiscriminatory treatment.

(a) Direct and indirect imports.

(b) Presidential determination of whether major

industrial countries have made substantially

equivalent concessions to the United States.

(c) Major industrial countries.

2137. Reservation of articles for national security or other

reasons.

(a) National security considerations.

(b) Action taken under other laws.

2138. Omitted.

PART 3 - HEARINGS AND ADVICE CONCERNING NEGOTIATIONS

2151. Advice from International Trade Commission.

(a) Lists of articles which may be considered for

action.

(b) Advice to President by Commission.

(c) Additional investigations and reports requested

by President or Trade Representative.

(d) Commission steps in preparing its advice to

President.

(e) Public hearings.

2152. Advice from executive departments and other sources.

2153. Public hearings.

(a) Opportunity for presentation of views.

(b) Summary of hearings.

2154. Prerequisites for offers.

2155. Information and advice from private and public sectors.

(a) In general.

(b) Advisory Committee for Trade Policy and

Negotiations.

(c) General policy, sectoral, or functional advisory

committees.

(d) Policy, technical, and other advice and

information.

(e) Meeting of advisory committees at conclusion of

negotiations.

(f) Application of Federal Advisory Committee Act.

(g) Trade secrets and confidential information.

(h) Advisory committee support.

(i) Consultation with advisory committees;

procedures; nonacceptance of committee advice

or recommendations.

(j) Private organizations or groups.

(k) Scope of participation by members of advisory

committees.

(l) Advisory committees established by Department of

Agriculture.

(m) ''Non-Federal government'' defined.

PART 4 - OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

2171. Structure, functions, powers, and personnel.

(a) Establishment within Executive Office of the

President.

(b) United States Trade Representative; Deputy United

States Trade Representatives.

(c) Duties of United States Trade Representative and

Deputy United States Trade Representatives.

(d) Unfair trade practices; additional duties of

Representative; advisory committee; definition.

(e) Powers of United States Trade Representative.

(f) Use of other Federal agencies.

(g) Authorization of appropriations.

PART 5 - CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL

ACTIONS

2191. Bills implementing trade agreements on nontariff barriers and

resolutions approving commercial agreements with Communist

countries.

(a) Rules of House of Representatives and Senate.

(b) Definitions.

(c) Introduction and referral.

(d) Amendments prohibited.

(e) Period for committee and floor consideration.

(f) Floor consideration in the House.

(g) Floor consideration in the Senate.

2192. Resolutions disapproving certain actions.

(a) Contents of resolutions.

(b) Reference to committees.

(c) Discharge of committees.

(d) Floor consideration in the House.

(e) Floor consideration in the Senate.

(f) Procedures in the Senate.

2193. Resolutions relating to extension of waiver authority under

section 402 of the Trade Act of 1974.

(a) Contents of resolution.

(b) Application of rules of section 2192 of this

title; exceptions.

(c) Consideration of second resolution not in order.

(d) Procedures relating to conference reports in the

Senate.

2194. Special rules relating to Congressional procedures.

(a) Delivery of documents to both Houses.

(b) Computation of 90-day period.

PART 6 - CONGRESSIONAL LIAISON AND REPORTS

2211. Congressional advisers for trade policy and negotiations.

(a) Selection.

(b) Briefing.

(c) Committee consultation.

2212. Transmission of agreements to Congress.

(a) Submission of copy and reasons.

(b) Submission to each member.

2213. Reports.

(a) Annual report on trade agreements program and

national trade policy agenda.

(b) Annual trade projection report.

(c) ITC reports.

PART 7 - UNITED STATES INTERNATIONAL TRADE COMMISSION

2231. Change of name.

(a) Former United States Tariff Commission.

(b) References in law and other documents.

2232. Independent budget and authorization of appropriations.

PART 8 - IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE

ACTIONS

2241. Estimates of barriers to market access.

(a) National trade estimates.

(b) Reports.

(c) Assistance of other agencies.

(d) Electronic commerce.

2242. Identification of countries that deny adequate protection, or

market access, for intellectual property rights.

(a) In general.

(b) Special rules for identifications.

(c) Revocations and additional identifications.

(d) Definitions.

(e) Publication.

(f) Special rule for actions affecting United States

cultural industries.

(g) Annual report.

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

PART 1 - POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS

2251. Action to facilitate positive adjustment to import

competition.

(a) Presidential action.

(b) Positive adjustment to import competition.

2252. Investigations, determinations, and recommendations by

Commission.

(a) Petitions and adjustment plans.

(b) Investigations and determinations by Commission.

(c) Factors applied in making determinations.

(d) Provisional relief.

(e) Commission recommendations.

(f) Report by Commission.

(g) Expedited consideration of adjustment assistance

petitions.

(h) Limitations on investigations.

(i) Limited disclosure of confidential business

information under protective order.

2253. Action by President after determination of import injury.

(a) In general.

(b) Reports to Congress.

(c) Implementation of action recommended by

Commission.

(d) Time for taking effect of certain relief.

(e) Limitations on actions.

(f) Certain agreements.

(g) Regulations.

2254. Monitoring, modification, and termination of action.

(a) Monitoring.

(b) Reduction, modification, and termination of

action.

(c) Extension of action.

(d) Evaluation of effectiveness of action.

(e) Other provisions.

PART 2 - ADJUSTMENT ASSISTANCE FOR WORKERS

SUBPART A - PETITIONS AND DETERMINATIONS

2271. Petitions.

(a) Filing of petitions; assistance; publication of

notice.

(b) Hearing.

2272. Group eligibility requirements; agricultural workers; oil and

natural gas industry.

(a) In general.

(b) Adversely affected secondary workers.

(c) Definitions.

2273. Determinations by Secretary of Labor.

(a) Certification of eligibility.

(b) Workers covered by certification.

(c) Publication of determination in Federal Register.

(d) Termination of certification.

2274. Study by Secretary of Labor when International Trade

Commission begins investigation.

(a) Subject matter of study.

(b) Report; publication.

2275. Benefit information for workers.

SUBPART B - PROGRAM BENEFITS

2291. Qualifying requirements for workers.

(a) Trade readjustment allowance conditions.

(b) Withholding of trade readjustment allowance

pending beginning or resumption of

participation in training program; period of

applicability.

(c) Waivers of training requirements.

2292. Weekly amounts of readjustment allowance.

(a) Formula.

(b) Adversely affected workers who are undergoing

training.

(c) Deduction from total number of weeks of allowance

entitlement.

2293. Limitations on trade readjustment allowances.

(a) Maximum allowance; deduction for unemployment

insurance; additional payments for approved

training periods.

(b) Limitations on additional payments for training

periods.

(c) Adjustments of amounts payable.

(d) Special adjustments for benefit years ending with

extended benefit periods.

(e) Week during which worker received on-the-job

training.

(f) Workers treated as participating in training.

(g) Additional weeks to complete training.

2294. Application of State laws.

2295. Employment services.

2296. Training.

(a) Approval of training; limitation on expenditures;

reasonable expectation of employment; payment

of costs; approved training programs;

nonduplication of payments from other sources;

disapproval of certain programs; exhaustion of

unemployment benefits; promulgation of

regulations.

(b) Supplemental assistance.

(c) Payment of costs of on-the-job training.

(d) Eligibility for unemployment insurance.

(e) ''Suitable employment'' defined.

(f) ''Customized training'' defined.

2297. Job search allowances.

(a) Job search allowance authorized.

(b) Amount of allowance.

(c) Exception.

2298. Relocation allowances.

(a) Relocation allowance authorized.

(b) Amount of allowance.

(c) Limitations.

SUBPART C - GENERAL PROVISIONS

2311. Agreements with States.

(a) Authority of Secretary to enter into agreements.

(b) Amendment, suspension, and termination of

agreements.

(c) Unemployment insurance.

(d) Review.

(e) Coordination of benefits and assistance.

(f) Advising and interviewing adversely affected

workers.

(g) Submission of information for coordination of

workforce investment activities.

2312. Administration absent State agreement.

(a) Promulgation of regulations; fair hearing.

(b) Review of final determination.

2313. Payments to States.

(a) Certification to Secretary of the Treasury for

payment to cooperating States.

(b) Utilization or return of money.

(c) Surety bonds.

2314. Liabilities of certifying and disbursing officers.

(a) Certifying officer.

(b) Disbursing officer.

2315. Fraud and recovery of overpayments.

(a) Repayment; deductions.

(b) False representation or nondisclosure of material

fact.

(c) Notice of determination; fair hearing; finality.

(d) Recovered amount returned to Treasury.

2316. Penalties.

2317. Authorization of appropriations.

(a) In general.

(b) Period of expenditure.

2318. Demonstration project for alternative trade adjustment

assistance for older workers.

(a) In general.

(b) Termination.

2319. Definitions.

2320. Regulations.

2321. Subpena power.

(a) Subpena by Secretary.

(b) Court order.

2322. Repealed.

SUBPART D - NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM

2331. Repealed.

PART 3 - ADJUSTMENT ASSISTANCE FOR FIRMS

2341. Petitions and determinations.

(a) Filing of petition; receipt of petition;

initiation of investigation.

(b) Public hearing.

(c) Certification.

(d) Allowable period for determination.

2342. Approval of adjustment proposals.

(a) Application for adjustment assistance.

(b) Technical assistance.

(c) Termination of certification of eligibility.

2343. Technical assistance.

(a) Discretion of Secretary; types of assistance.

(b) Utilization of existing agencies, private

individuals, etc., in furnishing assistance;

grants to intermediary organizations.

2344. Financial assistance.

(a) Direct loans and guarantees of loans.

(b) Allowable purposes.

(c) Limitation on direct loans.

(d) Limitations on loans and guarantees.

2345. Conditions for financial assistance.

(a) Unavailability of firm's resources; reasonable

assurance of repayment.

(b) Interest rates.

(c) Maturity of loans.

(d) Priority for small firms; servicing of loans.

(e) Loan guarantee conditions.

(f) Operating reserves.

(g) Fees to lenders which make loan guarantees.

(h) Maximum aggregate amount of outstanding

guaranteed or direct loans.

(i) Preference for firms having employee stock

ownership plans.

2346. Delegation of functions to Small Business Administration.

(a) Delegation of functions as to eligibility

certification.

(b) Authorization of appropriations.

(c) Transfer of unexpended appropriations.

2347. Administration of financial assistance.

(a) Powers of Secretary.

(b) Recordation of mortgages.

(c) Availability of receipts for financing functions.

(d) Privileged or confidential information.

(e) Capital assets secured by first lien; exceptions.

2348. Protective provisions.

(a) Recordkeeping.

(b) Audit and examination.

(c) Certifications.

(d) Conflicts of interest.

2349. Penalties.

2350. Civil actions.

2351. ''Firm'' defined.

2352. Regulations.

2353. Repealed.

2354. Study by Secretary of Commerce when International Trade

Commission begins investigation.

(a) Subject matter of study.

(b) Report; publication.

(c) Information to firms.

2355. Assistance to industry; authorization of appropriations.

(a) Technical assistance.

(b) Expenditures.

PART 4 - ADJUSTMENT ASSISTANCE FOR COMMUNITIES

2371 to 2374. Omitted.

PART 5 - MISCELLANEOUS PROVISIONS

2391. General Accounting Office study and report.

(a) Adjustment assistance programs.

(b) Assistance from Labor and Commerce Departments.

2392. Adjustment Assistance Coordinating Committee.

2393. Trade monitoring system.

2394. Firms relocating in foreign countries.

2395. Judicial review.

(a) Petition for review; time and place of filing.

(b) Findings of fact by Secretary; conclusiveness;

new or modified findings.

(c) Determination; review by Supreme Court.

2396, 2397. Omitted.

PART 6 - ADJUSTMENT ASSISTANCE FOR FARMERS

2401. Definitions.

2401a. Petitions; group eligibility.

(a) In general.

(b) Hearings.

(c) Group eligibility requirements.

(d) Special rule for qualified subsequent years.

(e) Determination of qualified year and commodity.

2401b. Determinations by Secretary of Agriculture.

(a) In general.

(b) Notice.

(c) Termination of certification.

2401c. Study by Secretary of Agriculture when International Trade

Commission begins investigation.

(a) In general.

(b) Report.

2401d. Benefit information to agricultural commodity producers.

(a) In general.

(b) Notice of benefits.

2401e. Qualifying requirements for agricultural commodity

producers.

(a) In general.

(b) Amount of cash benefits.

(c) Maximum amount of cash assistance.

(d) Limitations on other assistance.

2401f. Fraud and recovery of overpayments.

(a) In general.

(b) False statement.

(c) Notice and determination.

(d) Payment to Treasury.

(e) Penalties.

2401g. Authorization of appropriations.

(a) In general.

(b) Proportionate reduction.

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

2411. Actions by United States Trade Representative.

(a) Mandatory action.

(b) Discretionary action.

(c) Scope of authority.

(d) Definitions and special rules.

2412. Initiation of investigations.

(a) Petitions.

(b) Initiation of investigation by means other than

petition.

(c) Discretion.

2413. Consultation upon initiation of investigation.

(a) In general.

(b) Delay of request for consultations.

2414. Determinations by Trade Representative.

(a) In general.

(b) Consultation before determinations.

(c) Publication.

2415. Implementation of actions.

(a) Actions to be taken under section 2411.

(b) Alternative actions in certain cases of export

targeting.

2416. Monitoring of foreign compliance.

(a) In general.

(b) Further action.

(c) Consultations.

2417. Modification and termination of actions.

(a) In general.

(b) Notice; report to Congress.

(c) Review of necessity.

2418. Request for information.

(a) In general.

(b) If information not available.

(c) Certain business information not made available.

2419. Administration.

2420. Identification of trade expansion priorities.

(a) Identification.

(b) Initiation of investigations.

(c) Agreements for elimination of barriers.

(d) Reports.

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

PART 1 - TRADE RELATIONS WITH CERTAIN COUNTRIES

2431. Exception of products of certain countries or areas.

2432. Freedom of emigration in East-West trade.

(a) Actions of nonmarket economy countries making

them ineligible for normal trade relations,

programs of credits, credit guarantees, or

investment guarantees, or commercial

agreements.

(b) Presidential determination and report to Congress

that nation is not violating freedom of

emigration.

(c) Waiver authority of President.

(d) Extension of waiver authority.

(e) Countries not covered.

2433. United States personnel missing in action in Southeast Asia.

(a) Penalty for noncooperating countries.

(b) Exception.

2434. Extension of nondiscriminatory treatment.

(a) Presidential proclamation.

(b) Limitation on period of effectiveness.

(c) Suspension or withdrawal of extensions of

nondiscriminatory treatment.

2435. Commercial agreements.

(a) Presidential authority.

(b) Terms of agreements.

(c) Congressional action.

2436. Market disruption.

(a) Investigation by International Trade Commission;

report; publication.

(b) Affirmative determination.

(c) Products of Communist countries.

(d) Petitions to initiate consultations as provided

for by safeguard arrangements.

(e) Definitions; factors determining existence of

market disruption.

2437. Procedure for Congressional approval or disapproval of

extension of nondiscriminatory treatment and Presidential

reports.

(a) Transmission of nondiscriminatory treatment

documents to Congress.

(b) Transmission of freedom of emigration documents

to Congress.

(c) Effective date of proclamations and agreements;

disapproval of reports.

2438. Payment by Czechoslovakia of amounts owed United States

citizens and nationals.

(a) Renegotiation of 1974 agreement.

(b) Provisional retention of gold.

2439. Freedom to emigrate to join a very close relative in United

States.

(a) Sanctions for emigration restrictions.

(b) Report to Congress concerning emigration

policies.

(c) Exemption from application of section.

(d) Additional exemption from application of section.

2440, 2441. Repealed.

PART 2 - RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION

OF TRADE TO THE UNITED STATES MARKET

2451. Action to address market disruption.

(a) Presidential action.

(b) Initiation of an investigation.

(c) Market disruption.

(d) Factors in determination.

(e) Time for Commission determinations.

(f) Recommendations of Commission on proposed

remedies.

(g) Report by Commission.

(h) Opportunity to present views and evidence on

proposed measure and recommendation to the

President.

(i) Critical circumstances.

(j) Agreements with the People's Republic of China.

(k) Standard for Presidential action.

(l) Publication of decision and reports.

(m) Effective date of relief.

(n) Modifications of relief.

(o) Extension of action.

2451a. Action in response to trade diversion.

(a) Monitoring by Customs Service.

(b) Initiation of investigation.

(c) Actions described.

(d) Basis for determination of significant diversion.

(e) Commission determination; agreement authority.

(f) Public comment.

(g) Recommendation to the President.

(h) Presidential action.

(i) Duration of action.

(j) Review of circumstances.

2451b. Regulations; termination of provision.

(a) To carry out restrictions and monitoring.

(b) To carry out agreements.

(c) Termination date.

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

2461. Authority to extend preferences.

2462. Designation of beneficiary developing countries.

(a) Authority to designate countries.

(b) Countries ineligible for designation.

(c) Factors affecting country designation.

(d) Withdrawal, suspension, or limitation of country

designation.

(e) Mandatory graduation of beneficiary developing

countries.

(f) Congressional notification.

2463. Designation of eligible articles.

(a) Eligible articles.

(b) Articles that may not be designated as eligible

articles.

(c) Withdrawal, suspension, or limitation of

duty-free treatment; competitive need

limitation.

(d) Waiver of competitive need limitation.

(e) International Trade Commission advice.

(f) Special rule concerning Puerto Rico.

2464. Review and report to Congress.

2465. Date of termination.

2466. Agricultural exports of beneficiary developing countries.

2466a. Designation of sub-Saharan African countries for certain

benefits.

(a) Authority to designate.

(b) Preferential tariff treatment for certain

articles.

(c) Beneficiary sub-Saharan African countries, etc.

2466b. Termination of benefits for sub-Saharan African countries.

2467. Definitions.

SUBCHAPTER VI - GENERAL PROVISIONS

2481. Definitions.

2482. Exercise of functions of International Trade Commission.

(a) Preliminary investigation.

(b) Use of authority granted under other provisions.

(c) Gathering of current information.

2483. Consequential changes in Tariff Schedules of the United

States.

2484. International drug control.

2485. Voluntary limitations on exports of steel to United States.

2486. Trade relations with North American countries.

(a) Negotiations for free trade area with Canada.

(b) Regional study.

2487. Repealed.

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

2491. Short title.

2492. Tariff treatment of products of uncooperative major drug

producing or drug-transit countries.

(a) Required action by President.

(b) Certifications; Congressional action.

(c) Duration of action.

(d) Presidential action regarding aviation.

(e) Standards and guidelines for determining major

drug-transit countries.

2493. Sugar quota.

2494. Progress reports.

2495. Definitions.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1352, 2502, 2804, 2805,

3004, 3105 of this title; title 6 section 212; title 28 sections

1581, 2631; title 29 section 2919.

-CITE-

19 USC Sec. 2101 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

-HEAD-

Sec. 2101. Short title

-STATUTE-

This chapter may be cited as the ''Trade Act of 1974''.

-SOURCE-

(Pub. L. 93-618, Sec. 1, Jan. 3, 1975, 88 Stat. 1978.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 93-618, which in addition to enacting this

chapter enacted section 1863 of this title, amended sections 160,

162, 163, 164, 170a, 1202, 1303, 1315, 1321, 1330, 1332, 1333,

1337, 1352, 1484, 1516, 1806, 1862, 1872, 1885, and 1981 of this

title, sections 5312, 5314, 5315, and 5316 of Title 5, Government

Organization and Employees, section 301 of Title 13, Census,

section 3302 of Title 26, Internal Revenue Code, sections 2631 and

2632 of Title 28, Judiciary and Judicial Procedure, and section 665

of former Title 31, Money and Finance, repealed sections 1802,

1803, 1804, 1805, 1822, 1831, 1832, 1833, 1841, 1842, 1843, 1844,

1845, 1846, 1861, 1871, 1873, 1882, 1883, 1884, 1886, 1901, 1902,

1911, 1912, 1913, 1914, 1915, 1917, 1931, 1941, 1942, 1943, 1944,

1951, 1952, 1961, 1962, 1963, 1971, 1972, 1973, 1974, 1975, 1976,

1977, 1978, and 1991 of this title, and enacted provisions set out

as notes under this section and sections 160, 162, 1303, 1321,

1337, 1484, 1515, 1516, 1901, and 2271 of this title and section

301 of Title 13, Census.

-MISC2-

REFERENCES TO OTHER LAWS DEEMED REFERENCES TO TRADE ACT OF 1974

Section 602(f) of Pub. L. 93-618, as amended by Pub. L. 96-39,

title XI, Sec. 1106(h)(3), July 26, 1979, 93 Stat. 313, provided

that: ''All provisions of law (other than this Act (this chapter),

the Trade Expansion Act of 1962 (chapter 7 of this title), and the

Trade Agreements Extension Act of 1951 (see Short Title of 1951

Amendment note set out under section 1654 of this title)), in

effect after the date of enactment of this Act (Jan. 3, 1975),

referring to section 350 of the Tariff Act of 1930 (section 1351 of

this title), to that section as amended, to the Act entitled 'An

Act to amend the Tariff Act of 1930,' approved June 12, 1934

(enacting sections 1352, 1353, and 1354 and amending section 1351

of this title), to that Act as amended or to the Trade Expansion

Act of 1962, or to agreements entered into, or proclamations

issued, or actions taken under any of such provisions, shall be

construed, unless clearly precluded by the context, to refer also

to this Act, or to agreements entered into or proclamations or

orders issued pursuant to this Act.''

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-210, div. A, Sec. 101, Aug. 6, 2002, 116 Stat. 935,

provided that: ''This division (enacting part 6 of subchapter II of

this chapter, sections 1431a, 1583, and 2318 of this title,

sections 35, 6050T, and 7527 of Title 26, Internal Revenue Code,

and section 300gg-45 of Title 42, The Public Health and Welfare,

amending sections 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075,

2171, 2271 to 2273, 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and

2395 of this title, sections 4980B, 6103, 6724, and 7213A of Title

26, sections 1165, 2862, 2918, and 2919 of Title 29, Labor, section

1324 of Title 31, Money and Finance, and section 300bb-5 of Title

42, renumbering section 35 of Title 26 as section 36 of Title 26,

repealing sections 2318, 2322, and 2331 of this title, enacting

provisions set out as notes preceding section 2271 and under

sections 58c, 482, 1583, 1625, 1654, 2071, 2075, 2082, 2251, 2271,

2331, and 2401 of this title, sections 35 and 6050T of Title 26,

and section 2918 of Title 29, and amending provisions set out as a

note preceding section 2271 of this title) may be cited as the

'Trade Adjustment Assistance Reform Act of 2002'.''

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-188, title I, Sec. 1951, Aug. 20, 1996, 110 Stat.

1917, provided that: ''This subtitle (subtitle J (Sec. 1951-1954)

of title I of Pub. L. 104-188, enacting sections 2461 to 2467 of

this title, amending sections 2702, 3011, 3202, 3331, and 3551 of

this title, section 1444-2 of Title 7, Agriculture, section 4711 of

Title 15, Commerce and Trade, sections 262p-4p and 2191a of Title

22, Foreign Relations and Intercourse, and section 871 of Title 26,

Internal Revenue Code, and enacting provisions set out as a note

under section 2461 of this title) may be cited as the 'GSP Renewal

Act of 1996'.''

SHORT TITLE OF 1993 AMENDMENT

Pub. L. 103-182, title V, Sec. 501, Dec. 8, 1993, 107 Stat. 2149,

provided that: ''This subtitle (subtitle A (Sec. 501-507) of title

V of Pub. L. 103-282, enacting sections 2322 and 2331 of this

title, amending sections 2271 to 2273, 2275, 2317, and 2395 of this

title, sections 3304 and 3306 of Title 26, Internal Revenue Code,

and section 503 of Title 42, The Public Health and Welfare,

enacting provisions set out as notes under section 2331 of this

title and section 3306 of Title 26, and amending provisions set out

as a note preceding section 2271 of this title) may be cited as the

'NAFTA Worker Security Act'.''

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-382, Sec. 1(a), Aug. 20, 1990, 104 Stat. 629,

provided that: ''This Act (see Tables for classification) may be

cited as the 'Customs and Trade Act of 1990'.''

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-221, Sec. 1, Dec. 12, 1989, 103 Stat. 1886, provided

that: ''This Act (amending section 4611 of Title 26, Internal

Revenue Code, enacting provisions set out as notes under sections

2253 and 2703 of this title and section 4611 of Title 26, and

amending provisions set out as notes under sections 2253 and 2703

of this title) may be cited as the 'Steel Trade Liberalization

Program Implementation Act'.''

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-272, title XIII, Sec. 13001, Apr. 7, 1986, 100 Stat.

300, provided that: ''This part (part 1 (Sec. 13001-13009) of

subtitle A, amending sections 2271, 2272, 2291 to 2293, 2296, 2297,

2311, 2317, 2319, 2341 to 2344, and 2346 of this title, enacting

provisions set out as a note under section 2291 of this title, and

amending provisions set out as a note preceding section 2271 of

this title) may be cited as the 'Trade Adjustment Assistance Reform

and Extension Act of 1986'.''

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-573, title III, Sec. 301(a), Oct. 30, 1984, 98 Stat.

3000, provided that: ''This title (enacting sections 2114a to

2114e, 2138, and 2241 of this title, amending sections 2112, 2114,

2155, 2171, and 2411 to 2415 of this title and sections 3101 to

3104 of Title 22, Foreign Relations and Intercourse, and enacting

provisions set out as notes under section 2102 of this title and

section 3101 of Title 22) may be cited as the 'International Trade

and Investment Act'.''

Pub. L. 98-573, title V, Sec. 501(a), Oct. 30, 1984, 98 Stat.

3018, provided that: ''This title (enacting section 2466 of this

title, amending sections 2461 to 2465 of this title, and enacting

provisions set out as notes under section 2461 of this title) may

be cited as the 'Generalized System of Preferences Renewal Act of

1984'.''

SEPARABILITY

Section 605 of Pub. L. 93-618 provided that: ''If any provision

of this Act (see References in Text note above), or the application

of any provision to any circumstances or persons shall be held

invalid, the validity of the remainder of this Act, and of the

application of such provision to other circumstances or persons,

shall not be affected thereby.''

-CITE-

19 USC Sec. 2102 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

-HEAD-

Sec. 2102. Congressional statement of purpose

-STATUTE-

The purposes of this chapter are, through trade agreements

affording mutual benefits -

(1) to foster the economic growth of and full employment in the

United States and to strengthen economic relations between the

United States and foreign countries through open and

nondiscriminatory world trade;

(2) to harmonize, reduce, and eliminate barriers to trade on a

basis which assures substantially equivalent competitive

opportunities for the commerce of the United States;

(3) to establish fairness and equity in international trading

relations, including reform of the General Agreement on Tariffs

and Trade;

(4) to provide adequate procedures to safeguard American

industry and labor against unfair or injurious import

competition, and to assist industries, firm, (FOOTNOTE 1)

workers, and communities to adjust to changes in international

trade flows;

(FOOTNOTE 1) So in original.

(5) to open up market opportunities for United States commerce

in nonmarket economies; and

(6) to provide fair and reasonable access to products of less

developed countries in the United States market.

-SOURCE-

(Pub. L. 93-618, Sec. 2, Jan. 3, 1975, 88 Stat. 1981.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, was in the original ''this

Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as

amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see References in

Text note set out under section 2101 of this title and Tables.

-MISC2-

STATEMENT OF PURPOSES OF 1984 AMENDMENT

Pub. L. 98-573, title III, Sec. 302, Oct. 30, 1984, 98 Stat.

3000, provided that: ''The purposes of this title (see Short Title

of 1984 Amendment note set out under section 2101 of this title)

are -

''(1) to foster the economic growth of, and full employment in,

the United States by expanding competitive United States exports

through the achievement of commercial opportunities in foreign

markets substantially equivalent to those accorded by the United

States;

''(2) to improve the ability of the President -

''(A) to identify and to analyze barriers to (and

restrictions on) United States trade and investment, and

''(B) to achieve the elimination of such barriers and

restrictions;

''(3) to encourage the expansion of -

''(A) international trade in services through the negotiation

of agreements (both bilateral and multilateral) which reduce or

eliminate barriers to international trade in services, and

''(B) United States service industries in foreign commerce;

and

''(4) to enhance the free flow of foreign direct investment

through the negotiation of agreements (both bilateral and

multilateral) which reduce or eliminate the trade distortive

effects of certain investment-related measures.''

-CITE-

19 USC SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

.

-HEAD-

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

-CITE-

19 USC Part 1 - Rates of Duty and Other Trade Barriers 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

.

-HEAD-

Part 1 - Rates of Duty and Other Trade Barriers

-CITE-

19 USC Sec. 2111 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2111. Basic authority for trade agreements

-STATUTE-

(a) Presidential authority to enter into agreement; modification or

continuance of existing duties

Whenever the President determines that any existing duties or

other import restrictions of any foreign country or the United

States are unduly burdening and restricting the foreign trade of

the United States and that the purposes of this chapter will be

promoted thereby, the President -

(1) during the 5-year period beginning on January 3, 1975, may

enter into trade agreements with foreign countries or

instrumentalities thereof; and

(2) may proclaim such modification or continuance of any

existing duty, such continuance of existing duty-free or excise

treatment, or such additional duties, as he determines to be

required or appropriate to carry out any such trade agreement.

(b) Limitation on authority to decrease duty

(1) Except as provided in paragraph (2), no proclamation pursuant

to subsection (a)(2) of this section shall be made decreasing a

rate of duty to a rate below 40 percent of the rate existing on

January 1, 1975.

(2) Paragraph (1) shall not apply in the case of any article for

which the rate of duty existing on January 1, 1975, is not more

than 5 percent ad valorem.

(c) Limitation on authority to increase duty

No proclamation shall be made pursuant to subsection (a)(2) of

this section increasing any rate of duty to, or imposing a rate

above, the higher of the following:

(1) the rate which is 50 percent above the rate set forth in

rate column numbered 2 of the Tariff Schedules of the United

States as in effect on January 1, 1975, or

(2) the rate which is 20 percent ad valorem above the rate

existing on January 1, 1975.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 101, Jan. 3, 1975, 88 Stat. 1982.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see References in

Text note set out under section 2101 of this title and Tables.

The Tariff Schedules of the United States, referred to in subsec.

(c)(1), to be treated as a reference to the Harmonized Tariff

Schedule pursuant to section 3012 of this title. The Harmonized

Tariff Schedule is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-CHANGE-

CHANGE OF NAME

The Office of the Special Representative for Trade Negotiations

was redesignated the Office of the United States Trade

Representative, and Special Representative for Trade Negotiations

was redesignated the United States Trade Representative by Reorg.

Plan No. 3 of 1979, Sec. 1(a), (b)(1), 44 F.R. 69273, 93 Stat.

1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.

Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under

section 2171 of this title. See, also, section 2171 of this title

as amended by Pub. L. 97-456.

-MISC4-

REORGANIZING AND RESTRUCTURING OF INTERNATIONAL TRADE FUNCTIONS OF

UNITED STATES GOVERNMENT

Pub. L. 96-39, title XI, Sec. 1109, July 26, 1979, 93 Stat. 413,

provided that the President submit to the Congress, not later than

July 10, 1979, a proposal to restructure the international trade

functions of the Executive Branch of the United States Government,

and directed, in order to ensure that the 96th Congress takes final

action on a comprehensive reorganization of trade functions as soon

as possible, that the appropriate committee of each House of the

Congress give the proposal by the President immediate consideration

and make its best efforts to take final committee action to

reorganize and restructure the international trade functions of the

United States Government by Nov. 10, 1979.

STUDY OF EXPORT TRADE POLICY

Pub. L. 96-39, title XI, Sec. 1110, July 26, 1979, 93 Stat. 314,

directed the President to review all export promotion functions of

the executive branch and potential programmatic and regulatory

disincentives to exports, and to submit to the Congress a report of

that review not later than July 15, 1980, and not later than July

15, 1980, to submit to the Congress a study of the factors bearing

on the competitive posture of United States producers and the

policies and programs required to strengthen the relative

competitive position of the United States in world markets.

-EXEC-

PROC. NO. 4707. CARRYING OUT THE GENEVA (1979) PROTOCOL TO THE

GENERAL AGREEMENT ON TARIFFS AND TRADE AND FOR OTHER PURPOSES

Proc. No. 4707, Dec. 11, 1979, 44 F.R. 72348, as amended by Ex.

Ord. No. 12204, Mar. 27, 1980, 45 F.R. 20740; Proc. No. 4792, Sept.

15, 1980, 45 F.R. 61589; Proc. No. 4889, Dec. 29, 1981, 47 F.R. 1;

Proc. No. 4904, Feb. 27, 1982, 47 F.R. 8753; Ex. Ord. No. 12354,

Mar. 30, 1982, 47 F.R. 13477; Ex. Ord. No. 12371, July 12, 1982, 47

F.R. 30449; Ex. Ord. No. 12389, Oct. 25, 1982, 47 F.R. 47529; Ex.

Ord. No. 12413, Mar. 30, 1983, 48 F.R. 13921; Proc. No. 5050, Apr.

15, 1983, 48 F.R. 16639; Ex. Ord. No. 12459, Jan. 16, 1984, 49 F.R.

2089; Ex. Ord. No. 12471, Mar. 30, 1984, 49 F.R. 13101; Ex. Ord.

No. 12519, June 13, 1985, 50 F.R. 25037; Proc. No. 5365, Aug. 30,

1985, 50 F.R. 36220; Proc. No. 5452, Mar. 31, 1986, 51 F.R. 11539,

provided:

1. Pursuant to Section 101(a) of the Trade Act of 1974 (19 U.S.C.

2111(a)), I determined that certain existing duties and other

import restrictions of the United States and of foreign countries

were unduly burdening and restricting the foreign trade of the

United States and that one or more of the purposes stated in

Section 2 of the Trade Act of 1974 (19 U.S.C. 2102) would be

promoted by entering into the trade agreements identified in the

third and fourth recitals of this proclamation.

2. Sections 131, 132, 133, 134, 135, and 161(b) of the Trade Act

of 1974 (19 U.S.C. 2151, 2152, 2153, 2154, 2155, and 2211(b)) and

Section 4(c) of Executive Order No. 11846 of March 27, 1975, (3 CFR

1971-1975 Comp. 974) (set out below), have been complied with.

3. Pursuant to Section 101(a)(1) of the Trade Act of 1974 (19

U.S.C. 2111(a)(1)), I, through my duly empowered representative,

(1) on July 11, 1979, entered into a trade agreement with other

contracting parties to the General Agreement on Tariffs and Trade

(61 Stat. (pts. 5 and 6)), as amended (the General Agreement), with

countries seeking to accede to the General Agreement, and the

European Economic Community, which agreement consists of the Geneva

(1979) Protocol to the General Agreement, including a schedule of

United States concessions annexed thereto (hereinafter referred to

as ''Schedule XX (Geneva-1979)''), a copy of which Geneva (1979)

Protocol (including Schedule XX (Geneva-1979) annexed thereto) is

annexed to this proclamation as Part 1 of Annex I (set out below),

(2) on November 18, 1978, entered into a trade agreement with the

Hungarian People's Republic, including a schedule of United States

concessions annexed thereto, a copy of which agreement, and

schedule, is annexed to this proclamation as Part 2 of Annex I (set

out below), (3) on October 31, 1979, entered into a trade agreement

with the United Mexican States, which agreement consists of an

exchange of letters, one enclosing a schedule of United States

concessions, a copy of which exchange of letters, including such

enclosed schedule, is annexed to this proclamation as Part 3 of

Annex I (set out below), and (4) on March 2, 1979, entered into a

trade agreement with the Socialist Republic of Romania, which

agreement consists of an exchange of letters, one enclosing a

schedule of United States concessions, a copy of which exchange of

letters, including such enclosed schedule, is annexed to this

proclamation as Part 4 of Annex I (set out below), and on October

24, 1979, the American Institute in Taiwan entered into a trade

agreement with the Coordination Council for North American Affairs

(see the Taiwan Relations Act, Sections 4(b)(1), 6(a)(1), and

10(a), 93 Stat. 15, 17, and 18 (22 U.S.C. 3303(b)(1), 3305(a)(1),

and 3309(a)), E.O. 12143, sections 1-203 and 1-204, 44 Fed. Reg.

37191) (former 22 U.S.C. 3301 note), which agreement consists of an

exchange of letters, one enclosing a schedule of the United States

concessions, a copy of which exchange of letters, including such

enclosed schedule, is annexed to this proclamation as Part 5 of

Annex I (set out below).

4. Pursuant to Section 102 of the Trade Act of 1974 (19 U.S.C.

2112), I have determined that barriers to (and other distortions

of) international trade were unduly burdening and restricting the

foreign trade of the United States, and, through the Special

Representative for Trade Negotiations (now United States Trade

Representative, see Change of Name note above) (the Special

Representative (now Trade Representative)), I have consulted with

the appropriate Committees of the Congress, notified the House of

Representatives and the Senate of my intention to enter into the

agreements identified in Section 2(c) of the Trade Agreements Act

of 1979 (93 Stat. 148) (19 U.S.C. 2503(c)), transmitted to the

Congress copies of such agreements (a copy of one of which

agreements, with the Hungarian People's Republic, is annexed to

this proclamation as Part 6 of Annex I (set out below)), together

with a draft of an implementing bill and a statement of

administrative action, and such implementing bill, approving the

agreements and the proposed administrative action, has been enacted

into law (Section 2(a) of the Trade Agreements Act of 1979 (93

Stat. 147) (19 U.S.C. 2503(a))).

5. (a) Pursuant to Section 502 of the Trade Agreements Act of

1979 (93 Stat. 251) (Pub. L. 96-39, July 26, 1979), I have

determined that appropriate concessions have been received from

foreign countries under trade agreements entered into under Title I

of the Trade Act of 1974 (19 U.S.C. 2111 et seq.);

(b) Pursuant to Section 601(a) of the Trade Agreements Act of

1979 (93 Stat. 267), I have determined that duty-free treatment for

certain articles now classified in the items of the Tariff

Schedules of the United States (19 U.S.C. 1202) (TSUS) (see

Publication of Tariff Schedules note under section 1202 of this

title) listed in, and certified pursuant to, Section 601(a)(2) of

that Act (93 Stat. 267), will provide treatment comparable to that

provided by foreign countries under the Agreement on Trade in Civil

Aircraft;

(c) Pursuant to Section 503(a)(2)(A) of the Trade Agreements Act

of 1979 (93 Stat. 251), I have determined, after providing

interested parties an opportunity to comment, that each article

identified in Annex IV to this proclamation (see note below) is not

import sensitive;

(d) Pursuant to Section 855(a) of the Trade Agreements Act of

1979 (93 Stat. 295), I have determined that adequate reciprocal

concessions have been received, under trade agreements entered into

under the Trade Act of 1974 (this chapter), for the application of

the rate of duty appearing in rate column numbered 1 on January 1,

1979, for the comparable item on a proof gallon basis in the case

of alcoholic beverages classified in all items in subpart D of part

12 of schedule 1 of the TSUS, except items 168.09, 168.12, 168.43,

168.77, 168.81, 168.87, and 168.95 (see Publication of Tariff

Schedules note under section 1202 of this title);

(e) Pursuant to Section 2(b)(2)(A) of the Trade Agreements Act of

1979 (93 Stat. 147) (19 U.S.C. 2503(b)(2)(A)), I have determined

that obligations substantially the same as those applicable to

developing countries set forth in the agreements listed in Section

2(c)(1), (2), (3), (4), and (5) of that Act (93 Stat. 148) (19

U.S.C. 2503(c)(1), (2), (3), (4), and (5)) will be observed in

Taiwan.

6. Each modification of existing duty proclaimed herein which

provides with respect to an article for a decrease in duty below

the limitation specified in Sections 101(b)(1) or 109(a) of the

Trade Act of 1974 (19 U.S.C. 2111(b)(1) or 2119(a)), and each

modification of any other import restriction or tariff provision so

proclaimed is authorized by one or more of the following provisions

or statutes:

(a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C.

2111(b)(2)), by virtue of the fact that the rate of duty existing

on January 1, 1975, applicable to the article was not more than 5

percent ad valorem (or ad valorem equivalent);

(b) Section 109(b) of the Trade Act of 1974 (19 U.S.C. 2119(b)),

by virtue of the fact that I have determined, pursuant to that

section, that the decrease authorized by that section will simplify

the computation of the amount of duty imposed with respect to the

article;

(c) Sections 503(a)(2)(A) and 503(a)(3) to (6) of the Trade

Agreements Act of 1979 (93 Stat. 251 and 252) (Pub. L. 96-39, July

26, 1979) by virtue of the fact that they permit departures from

the staging provisions of Section 109(a) of the Trade Act of 1974

(19 U.S.C. 2119(a));

(d) Sections 502(a), 855(a), and 601(a) of the Trade Agreements

Act of 1979 (93 Stat. 251, 295, and 267) by virtue of the authority

in such sections for specified concessions based on reciprocity,

but in the case of the last such section only after the conditions

for acceptance of the Agreement on Trade in Civil Aircraft,

identified in Section 2(c)(10) of that Act (93 Stat. 148) (19

U.S.C. 2503(c)(10)), are fulfilled;

(e) Sections 505 through 513, inclusive, of the Trade Agreements

Act of 1979 (93 Stat. 252-257) by virtue of the fact that they

permit exceeding the limitations specified in Sections 101 or 109

of the Trade Act of 1974 (19 U.S.C. 2111 or 2119);

(f) Section 255 of the Trade Expansion Act of 1962 (19 U.S.C.

1885) by virtue of the fact that it permits termination of

proclamations issued pursuant to authority contained in that act;

(g) Section 2(a) of the Trade Agreements Act of 1979 (93 Stat.

147) (19 U.S.C. 2503(a)) by virtue of its approval of the

agreements identified in Section 2(c) of that Act (93 Stat. 148)

(19 U.S.C. 2503(c)), and

(h) Section 304(a)(3)(J) of the Tariff Act of 1930 (19 U.S.C.

1304(a)(3)(J)) and Section 602(f) of the Trade Act of 1974 (19

U.S.C. 2101 note), by virtue of the fact that I have found that the

effectiveness of the proviso to Section 304(a)(3)(J) (19 U.S.C.

1304(a)(3)(J)) with respect to the marking of articles provided for

in headnote 2 of part 1 of schedule 2 of the TSUS (see Publication

of Tariff Schedules note under section 1202 of this title) is

required or appropriate to carry out the first agreement identified

in the third recital of this proclamation.

7. In the case of each decrease in duty, including those of the

type specified in clause (a) or (b) of the sixth recital of this

proclamation, which involves the determination of the ad valorem

equivalent of a specific or compound rate of duty, and in the case

of each modification in the form of an import duty, the United

States International Trade Commission determined, pursuant to

Section 601(4) of the Trade Act of 1974 (19 U.S.C. 2481(4)) in

accordance with Section 4(e) of Executive Order No. 11846 of March

27, 1975, (3 CFR 1971-1975 Comp. 973) (set out below), and at my

direction, the ad valorem equivalent of the specific or compound

rate, on the basis of the value of imports of the article concerned

during a period determined by it to be representative, utilizing,

to the extent practicable, the standards of valuation contained in

Sections 402 and 402a of the Tariff Act of 1930 (19 U.S.C. 1401a

and 1402) applicable to the article during such representative

period.

8. Pursuant to the Trade Act of 1974 (this chapter) and the Trade

Agreements Act of 1979 (see 19 U.S.C. 2501), I determine that the

modification or continuance of existing duties or other import

restrictions or the continuance of existing duty-free or excise

treatment hereinafter proclaimed is required or appropriate to

carry out the trade agreements identified in the third recital of

this proclamation or one or more of the trade agreements identified

in Section 2(c) of the Trade Agreements Act of 1979 (93 Stat. 148)

(19 U.S.C. 2503(c)).

9. Following unsatisfactory negotiations with the European

Economic Community under Articles XXIV:6 and XXVIII of the General

Agreement regarding the maintenance by the European Economic

Community of unreasonable import restrictions upon imports of

poultry from the United States, the President, by Proclamation 3564

of December 4, 1963 (77 Stat. 1035), suspended certain United

States tariff concessions; as a result of the reciprocal

concessions contained in the Geneva (1979) Protocol to the General

Agreement, I determine that the termination of such suspension of

tariff concessions contained in Proclamation 3564 (except those

applicable to automobile trucks valued at $1,000 or more (provided

for in TSUS item 692.02) (see Publication of Tariff Schedules note

under section 1202 of this title)) is required to carry out the

General Agreement.

NOW, THEREFORE, I, JIMMY CARTER, President of the United States

of America, acting under the authority vested in me by the

Constitution and the statutes, including but not limited to Title I

and Section 604 of the Trade Act of 1974 (this subchapter and 19

U.S.C. 2483), Section 2 (19 U.S.C. 2503), and Titles V, VI, and

VIII of the Trade Agreements Act of 1979 (Pub. L. 96-39, July 26,

1979) Section 255 of the Trade Expansion Act of 1962 (19 U.S.C.

1885), and Section 301 of Title 3 of the United States Code, do

proclaim that:

(1) At the close of December 31, 1979, the suspension of tariff

concessions contained in Proclamation 3564 (except those applicable

to automobile trucks valued at $1,000 or more (provided for in TSUS

item 692.02) (see Publication of Tariff Schedules note under

section 1202 of this title)) shall terminate.

(2) The amendment to Section 466 of the Tariff Act of 1930 (19

U.S.C. 1466) provided for in Section 601(a)(3) of the Trade

Agreements Act of 1979 (93 Stat. 268) shall be effective with

respect to entries made under Section 466 on and after the date

designated by the President under paragraph 5(b) of this

proclamation.

(3) The rate of duty applicable to each item as to which the

determination has been made in recital 5(d) is the rate of duty

appearing in rate column numbered 1 on January 1, 1979, for the

comparable item on a proof gallon basis or such rate as reduced

under Section 101 of the Trade Act of 1974 (19 U.S.C. 2111).

(4) Subject to the provisions of the General Agreement, of the

Geneva (1979) Protocol, of other agreements supplemental to the

General Agreement, of the other agreements identified in recitals 3

and 4, and of United States law (including but not limited to

provisions for more favorable treatment), the modification or

continuance of existing duties or other import restrictions and the

continuance of existing duty-free or excise treatment provided for

in Schedule XX (Geneva-1979) (except those provided for in the

items listed in Parts 1C, 1D, 2D, 2E, 2K, 3C, 3D, 4C, and 4D of

Annex I to Schedule XX which are required to implement the

Agreement on Implementation of Article VII of the General Agreement

on Tariffs and Trade, and those provided for in Section 1, Chapter

4, Unit C, Note 2 (cheese quotas), and in Section 1, Chapter 10,

Unit B, note 2 (chocolate quotas), all of which will be the subject

of one or more separate proclamations), in the agreements

identified in the third and fourth recitals of this proclamation,

and in trade agreements legislation, shall become effective on or

after January 1, 1980, as provided for herein.

(5) To this end -

(a) Except as provided for in subparagraph (b), the modifications

to the TSUS made by Annex II, Section A of Annex III, and Sections

B(1) through (4) of Annex IV of this proclamation (see note below)

shall be effective with respect to articles entered, or withdrawn

from warehouse, for consumption on and after the effective dates

specified in those annexes;

(b) The modifications provided for in Section A of Annex II to

this proclamation (see note below) which are authorized by Section

601(a) of the Trade Agreements Act of 1979 (93 Stat. 267) shall

apply to articles entered, or withdrawn from warehouse, for

consumption on and after the date designated by the President when

he determines that the requirements of Section 2(b) of the Trade

Agreements Act of 1979 (93 Stat. 147) (19 U.S.C. 2503(b)) have been

met with respect to the Agreement on Trade in Civil Aircraft;

(c) The Special Representative (now Trade Representative) shall

make any determinations relevant to the designation of the

effective dates of the modifications of the TSUS made by Sections B

through G of Annex III, and Sections B (5) through (10) of Annex IV

of this proclamation, (see note below) and shall publish in the

Federal Register the effective date with respect to each of the

modifications made by these sections; such modifications shall

apply to articles entered, or withdrawn from warehouse, for

consumption on and after such effective date;

(d) The modifications to the TSUS made by Section C of Annex IV

to this proclamation, (see note below) relating to special

treatment for the least developed developing countries (LDDC's),

shall be effective with respect to articles entered, or withdrawn

from warehouse, for consumption on and after the effective dates as

provided for in Section B of Annex IV (see note below); whenever

the rate of duty specified in the column numbered 1 for any TSUS

item is reduced to the same level as the corresponding rate of duty

specified in the column entitled ''LDDC'' for such item, the rate

of duty in the column entitled ''LDDC'' shall be deleted from the

TSUS, and when the duty rates for all such items in Annex IV (see

note below) have been deleted, the modifications to the TSUS made

by Section C of Annex IV to this proclamation (see note below)

shall be deleted;

(e) Section A of Annex IV (see note below) shall become effective

on January 1, 1980.

IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day

of December, in the year of our Lord nineteen hundred and

seventy-nine, and of the Independence of the United States of

America the two hundred and fourth. Jimmy Carter.

ANNEX I

TEXTS OF AGREEMENTS IDENTIFIED IN THE THIRD AND FOURTH RECITALS OF

THIS PROCLAMATION (FOOTNOTE 1)

(FOOTNOTE 1) Not printed in the Federal Register. The text of

the Geneva (1979) Protocol to the General Agreement in part 1 of

Annex I has been printed by the Contracting Parties to the General

Agreement on Tariffs and Trade in four volumes entitled Geneva

(1979) Protocol to the General Agreements on Tariffs and Trade. The

Agreement with the Hungarian People's Republic in part 6 of Annex I

has been printed in House Document 96-153, vol. 1, p. 703. The

general provisions of all the agreements in parts 1 to 6 of annex

I, but not schedules of concessions by other parties, will be

printed in the Customs Bulletin. The texts of all these agreements

will be printed in Treaties and Other International Acts Series,

and in the bound volumes of United States Treaties and Other

International Agreements.

Part 1 Geneva (1979) Protocol to the General Agreement on Tariffs

and Trade (Including Schedules of Concessions)

Part 2 Trade Agreement with the People's Republic of Hungary

Entered Into on November 18, 1979

Part 3 Trade Agreement with the United Mexican States Entered Into

on October 31, 1979

Part 4 Trade Agreement with the Socialist Republic of Romania

Entered Into on March 2, 1979

Part 5 Trade Agreement between the American Institute in Taiwan and

the Coordination Council for North American Affairs Entered Into

on October 24, 1979

Part 6 Agreement with the Hungarian People's Republic Entered Into

on June 13, 1979

ANNEXES II TO IV

Annexes II to IV of Proclamation 4707, which amended the Tariff

Schedules of the United States, are not set out under this section

because the Tariff Schedules were not set out in the Code. The

Tariff Schedules of the United States were replaced by the

Harmonized Tariff Schedule of the United States which is not set

out in the Code. See Publication of Harmonized Tariff Schedule note

set out under section 1202 of this title.

PROC. NO. 4768. CARRYING OUT THE AGREEMENT ON IMPLEMENTATION OF

ARTICLES VII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE AND FOR

OTHER PURPOSE

Proc. No. 4768, June 28, 1980, 45 F.R. 45135, as amended by Proc.

No. 4792, Sept. 15, 1980, 45 F.R. 61589; Ex. Ord. No. 12311, Sec.

5, June 29, 1981, 46 F.R. 34305; Proc. No. 4904, Feb. 27, 1982, 47

F.R. 8753; Ex. Ord. No. 12354, Mar. 30, 1982, 47 F.R. 13477; Ex.

Ord. No. 12413, Mar. 30, 1983, 48 F.R. 13921; Ex. Ord. No. 12471,

Mar. 30, 1984, 49 F.R. 13101; Ex. Ord. No. 12519, June 13, 1985, 50

F.R. 25037; Proc. No. 5365, Aug. 30, 1985, 50 F.R. 36220; Proc. No.

5452, Mar. 31, 1986, 51 F.R. 11539, provided:

1. Pursuant to Section 204(a)(2) of the Trade Agreements Act of

1979 (93 Stat. 203) (19 U.S.C. 1401a note) in order to implement,

beginning on July 1, 1980, the new customs valuation standards as

provided in Title II of that Act (Pub. L. 96-39, July 26, 1979, 93

Stat. 194), and for other purposes, I make the following

determinations, and do proclaim as hereinafter set forth.

2. Section 225 of the Trade Agreements Act of 1979 (93 Stat. 235)

(Pub. L. 96-39, July 26, 1979), Sections 131, 132, 133, 134, 135,

and 161(b) of the Trade Act of 1974 (19 U.S.C. 2151, 2152, 2153,

2154, 2155, and 2211(b)) and Section 4(c) of Executive Order No.

11846 of March 27, 1975, (3 CFR 1971-1975 Comp 974) (set out

below), have been complied with.

3. Pursuant to Section 101(a) of the Trade Act of 1974 (19 U.S.C.

2111(a)) and having made the determinations required by that

section with regard to the following trade agreements, I, through

my duly empowered representative, (1) on July 11, 1979, entered

into a trade agreement with other contracting parties to the

General Agreement on Tariffs and Trade (61 Stat. (pts. 5 and 6)),

as amended (the General Agreement), with countries seeking to

accede to the General Agreement, and the European Communities,

which agreement consists of the Geneva (1979) Protocol to the

General Agreement, including a schedule of United States

concessions annexed thereto (hereinafter referred to as ''Schedule

XX (Geneva-1979)''), (2) on December 18, 1979, entered into a trade

agreement with Switzerland, which agreement consists of an exchange

of letters, a copy of which is annexed to this proclamation as Part

2 of Annex I, (3) on December 21 and 27, 1979, and on January 2,

1980, entered into trade agreements with the European Communities,

which agreements consists of joint memoranda, copies of which are

annexed to this proclamation as Part 3 of Annex I, (4) on January

2, 1980, entered into a trade agreement with the Dominican

Republic, which agreement consists of an exchange of letters, a

copy of which is annexed to this proclamation as Part 4 of Annex I,

and (5) on December 29, 1979, entered into a trade agreement with

Indonesia, which agreement consists of a memorandum and an exchange

of letters, copies of which are annexed to this proclamation as

Part 5 of Annex I.

4. After having complied with Section 102 of the Trade Act of

1974 (19 U.S.C. 2112), and having made the required determinations,

I notified Congress of my intention to enter into the Agreement on

Implementation of Article VII of the General Agreement on Tariffs

and Trade (a copy of which is annexed to this proclamation as Part

1 of Annex I); and an implementing bill, approving the agreement

and the proposed administrative action, has been enacted into law

(Section 2(a) of the Trade Agreements Act of 1979 (93 Stat. 147)

(19 U.S.C. 2503(a))).

5. (a) Pursuant to Section 2(b)(3) of the Trade Agreements Act of

1979 (93 Stat. 147) (19 U.S.C. 2503(b)(3)), I determine (1) that

each major industrial country, as defined therein, with the

exception of Canada, is accepting the Agreement on Implementation

of Article VII of the General Agreement on Tariffs and Trade, (2)

that the acceptance of this Agreement by Canada is not essential to

the effective operation of the Agreement, (3) that a significant

portion of United States trade will benefit from the Agreement,

notwithstanding such nonacceptance, and (4) that it is in the

national interest of the United States to accept the Agreement (and

have so reported to the Congress);

(b) Pursuant to Section 204(a)(2)(A) and (B) of the Trade

Agreements Act of 1979 (93 Stat. 203) (19 U.S.C. 1401a note), I

determine that the European Communities (including the European

Economic Community) have accepted the obligations of the Agreement

on Implementation of Article VII of the General Agreement on

Tariffs and Trade with respect to the United States and each of the

member states of the European Communities has implemented the

Agreement under its laws (effective July 1, 1980);

(c) Pursuant to Section 503(a)(1) of the Trade Agreements Act of

1979 (93 Stat. 251) (Pub. L. 96-39, July 26, 1979), I determine,

after interested parties were provided an opportunity to comment,

that the articles classifiable in the following new items of the

Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) (see

Publication of Tariff Schedules note set out under section 1202 of

this title), added thereto by Annex II to this proclamation, were

not imported into the United States before January 1, 1978, and

were not produced in the United States before May 1, 1978:

(TABLE OF NEW ITEMS DELETED)

(d) Pursuant to Section 503(a)(2)(A) of the Trade Agreements Act

of 1979 (93 Stat. 251), I determine, after providing interested

parties an opportunity to comment, that each article identified in

Annex IV to this proclamation is not import sensitive.

6. Each modification of existing duty proclaimed herein which

provides with respect to an article for a decrease in duty below

the limitation specified in Sections 101(b)(1) or 109(a) of the

Trade Act of 1974 (19 U.S.C. 2111(b)(1) or 2119(a)), and each

modification of any other import restriction or tariff provision so

proclaimed is authorized by one or more of the following provisions

or statutes:

(a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C.

2111(b)(2)), by virtue of the fact that the rate of duty existing

on January 1, 1975, applicable to the article was not more than 5

percent ad valorem (or ad valorem equivalent);

(b) Section 109(b) of the Trade Act of 1974 (19 U.S.C.

2119(b)), by virtue of the fact that I have determined, pursuant

to that section, that the decrease authorized by that section

will simplify the computation of the amount of duty imposed with

respect to the article; and

(c) The Trade Agreements Act of 1979 (93 Stat. 144 et seq.)

(see 19 U.S.C. 2501) including, but not limited to, Sections

503(a)(1), (2)(A) and (6) (93 Stat. 251 and 252) (Pub. L. 96-39,

July 26, 1979) by virtue of the fact that they permit departures

from the staging provisions of Section 109(a) of the Trade Act of

1974 (19 U.S.C. 2119(a)).

7. In the case of each decrease in duty, including those of the

type specific in clause (a) or (b) of the sixth recital of this

proclamation, which involves the determination of the ad valorem

equivalent of a specified or compound rate of duty, and in the case

of each modification in the form of an import duty, the United

States International Trade Commission has determined, pursuant to

Section 601(4) of the Trade Act of 1974 (19 U.S.C. 2481(4)), in

accordance with Section 4(e) of Executive Order No. 11846 of March

27, 1975 (3 CFR 1971-1975 Comp. 973) (set out below), and at my

direction, the ad valorem equivalent of the specific or compound

rate, on the basis of the value of imports of the article concerned

during a period determined by it to be representative, utilizing,

to the extent practicable, the standards of valuation contained in

Sections 402 and 402a of the Tariff Act of 1930 (19 U.S.C. 1401a

and 1402) applicable to the article during such representative

period.

8. Pursuant to the Trade Act of 1974 (this chapter) and the Trade

Agreements Act of 1979 (see 19 U.S.C. 2501), I determine that each

modification or continuance of existing duties or other import

restrictions and each continuance of existing duty-free or excise

treatment hereinafter proclaimed is required or appropriate to

carry out the trade agreements identified in the third recital of

this proclamation or the Agreement on Implementation of Article VII

of the General Agreement on Tariffs and Trade.

NOW, THEREFORE, I, JIMMY CARTER, President of the United States

of America, acting under the authority vested in me by the

Constitution and the statutes, including but not limited to Title I

and Section 604 of the Trade Act of 1974 (this subchapter and 19

U.S.C. 2483), Section 2 (19 U.S.C. 2503) and Titles II and V of the

Trade Agreements Act of 1979 (Pub. L. 96-39, July 26, 1979), and

Section 301 of Title 3 of the United States Code, do proclaim that:

(1)(a) The valuation standards amendments made by Title II of the

Trade Agreements Act of 1979 (93 Stat. 194 et seq.) to Sections 402

and 402a of the Tariff Act of 1930 (19 U.S.C. 1401a and 4102), and

(b) subject to the provisions of the General Agreement, of the

Geneva (1979) Protocol, of other agreements supplemental to the

General Agreement, of the other agreements identified in recitals 3

and 4, and of United States Law (including but not limited to

provisions for more favorable treatment), -

(i) the modification or continuance of existing duties or other

import restrictions, and

(ii) the continuance of existing duty-free or excise treatment

provided for in these agreements and in trade agreements

legislation, shall become effective on or after July 1, 1980, as

provided for herein.

(2) To this end -

(a) The amendments made by Title II of the Trade Agreements Act

of 1979 (93 Stat. 194 et seq.), except amendments made by section

223(b) (see Effective Date of 1979 Amendment note set out under

section 1401a of this title), shall be effective with respect to

articles exported to the United States on and after July 1, 1980;

(b) The TSUS is modified as provided in Annexes II, III and IV

of the proclamation;

(c) The modifications to the TSUS made by Sections A and C of

Annex II, and Section A of Annex III, of this proclamation shall

be effective with respect to articles exported to the United

States on and after the effective dates specified in those

annexes;

(d) The modifications to the TSUS made by Sections B, D and E

of Annex II, Section B of Annex III, and Sections A and B of

Annex IV, of this proclamation shall be effective with respect to

articles entered, or withdrawn from warehouse for consumption, on

and after the effective dates specified in those annexes;

(e) The United States Trade Representative shall make the

necessary determinations relevant to the designation of the

effective dates of the modifications of the TSUS made by Sections

F and G of Annex II and Section C of Annex III to this

proclamation, and shall publish in the Federal Register the

effective date with respect to each of the modifications made by

these sections; such modifications shall apply to articles

entered, or withdrawn from warehouse for consumption, on and

after such effective date;

(f) With respect to the modifications to the TSUS made by Annex

IV to this proclamation and Annex IV to Presidential Proclamation

4707 of December 11, 1979 (see note above), relating to special

treatment for the least developed developing countries (LDDC's),

whenever the rate of duty specified in the column numbered 1 for

any TSUS item is reduced to the same level as the corresponding

rate of duty specified in the column entitled ''LDDC'' for such

item, or to a lower level, the rate of duty in the column

entitled ''LDDC'' shall be deleted from the TSUS;

(g) Annexes III and IV of Presidential Proclamation 4707 of

December 11, 1979 (see note above), are superseded to the extent

inconsistent with this proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of

June, in the year of our Lord nineteen hundred and eighty, and of

the Independence of the United States of America the two hundred

and fourth. Jimmy Carter.

ANNEXES I TO IV

Annexes I to IV of Proclamation 4768, which amended the Tariff

Schedules of the United States, are not set out under this section

because the Tariff Schedules were not set out in the Code. The

Tariff Schedules of the United States were replaced by the

Harmonized Tariff Schedule of the United States which is not set

out in the Code. See Publication of Harmonized Tariff Schedule note

set out under section 1202 of this title.

EX. ORD. NO. 11846. ADMINISTRATION OF TRADE AGREEMENTS PROGRAM

Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, as amended by

Ex. Ord. No. 11894, Jan. 3, 1976, 41 F.R. 1041; Ex. Ord. No. 11947,

Nov. 8, 1976, 41 F.R. 49799; Ex. Ord. No. 12102, Nov. 17, 1978, 43

F.R. 54197; Ex Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex.

Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989; Ex. Ord. No. 13277, Sec.

4, Nov. 19, 2002, 67 F.R. 70306, provided:

By virtue of the authority vested in me by the Trade Act of 1974,

hereinafter referred to as the Act (Public Law 93-618, 88 Stat.

1978) (this chapter), the Trade Expansion Act of 1962, as amended

(19 U.S.C. 1801), Section 350 of the Tariff Act of 1930, as amended

(19 U.S.C. 1351), and Section 301 of Title 3 of the United States

Code, and as President of the United States, it is hereby ordered

as follows:

Section 1. The Trade Agreements Program.

The ''trade agreements program'' includes all activities

consisting of, or related to, the negotiation or administration of

international agreements which primarily concern trade and which

are concluded pursuant to the authority vested in the President by

the Constitution, Section 350 of the Tariff Act of 1930 (section

1351 of this title), as amended, the Trade Expansion Act of 1962,

as amended (section 1801 et seq. of this title), Divisions B (19

U.S.C. 3801 et seq.) and C of the Trade Act of 2002 (div. C of Pub.

L. 107-210, see Short Title of 2002 Amendment note set out under

section 3201 of this title),,(sic) or the Act (this chapter).

Sec. 2. The Special Representative for Trade Negotiations (now

United States Trade Representative, see Change of Name note above).

(a) The Special Representative for Trade Negotiations (now United

States Trade Representative), hereinafter referred to as the

Special Representative (now Trade Representative), in addition to

the functions conferred upon him by the Act (this chapter),

including Section 141 thereof (section 2171 of this title), and in

addition to the functions and responsibilities set forth in this

Order, shall be responsible for such other functions as the

President may direct.

(b) (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.)

(c) The Special Representative (now Trade Representative) shall

prepare, for the President's transmission to Congress, the annual

report on the trade agreements program required by Section 163(a)

of the Act (section 2213(a) of this title). At the request of the

Special Representative (now Trade Representative), other agencies

shall assist in the preparation of that report.

(d) The Special Representative (now Trade Representative), except

where expressly otherwise provided or prohibited by statute,

Executive order, or instructions of the President, shall be

responsible for the proper administration of the trade agreements

program, and may, as he deems necessary, assign to the head of any

Executive agency or body the performance of his duties which are

incidental to the administration of the trade agreements program.

(e) The Special Representative (now Trade Representative) shall

consult with the Trade Policy Committee in connection with the

performance of his functions, including those established or

delegated by this Order and shall, as appropriate, consult with

other Federal agencies or bodies. With respect to the performance

of his functions under Title IV of the Act (section 2431 et seq. of

this title), including those established or delegated by this

Order, the Special Representative (now Trade Representative) shall

also consult with the East-West Foreign Trade Board (abolished).

(f) The Special Representative (now Trade Representative) shall

be responsible for the preparation and submission of any

Proclamation which relates wholly or primarily to the trade

agreements program. Any such Proclamation shall be subject to all

the provisions of Executive Order No. 11030, as amended (set out

under section 1505 of Title 44, Public Printing and Documents)

except that such Proclamation need not be submitted to the Director

of the Office of Management and Budget.

(g) The Secretary of State shall advise the Special

Representative (now Trade Representative), and the Committee, on

the foreign policy implications of any action under the trade

agreements program. The Special Representative (now Trade

Representative) shall invite appropriate departments to participate

in trade negotiations of particular interest to such departments,

and the Department of State shall participate in trade negotiations

which have a direct and significant impact on foreign policy.

Sec. 3. The Trade Policy Committee.

(a) (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.)

(b) The Committee shall have the functions conferred by the Trade

Expansion Act of 1962, as amended (section 1801 et seq. of this

title), upon the inter-agency organization referred to in Section

242 thereof, as amended (section 1872 of this title), the functions

delegated to it by the provisions of this Order, and such other

functions as the President may from time to time direct.

Recommendations and advice of the Committee shall be submitted to

the President by the Chairman.

(c) The Special Representative (now Trade Representative) or any

other officer who is chief representative of the United States in a

negotiation in connection with the trade agreements program shall

keep the Committee informed with respect to the status and conduct

of negotiations and shall consult with the Committee regarding the

basic policy issues arising in the course of negotiations.

(d) Before making recommendations to the President under Section

242(b)(2) of the Trade Expansion Act of 1962, as amended (section

1872(b)(2) of this title), the Committee shall, through the Special

Representative (now Trade Representative), request the advice of

the Adjustment Assistance Coordinating Committee, established by

Section 281 of the Act (section 2392 of this title).

(e), (f) (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R.

989.)

(g) The Trade Expansion Act Advisory Committee established by

Section 4 of Executive Order No. 11075 of January 15, 1963, is

abolished and all of its records are transferred to the Trade

Policy Committee.

Sec. 4. Trade Negotiations Under Title I of the Act.

(a) The functions of the President under Section 102 of the Act

(section 2112 of this title) concerning notice to, and consultation

with, Congress, in connection with agreements on nontariff barriers

to, and other distortions of, trade, are hereby delegated to the

Special Representative (now Trade Representative).

(b) The Special Representative (now Trade Representative), after

consultation with the Committee, shall prepare, for the President's

transmission to Congress, all proposed legislation and other

documents necessary or appropriate for the implementation of, or

otherwise required in connection with, trade agreements; provided,

however, that where implementation of an agreement on nontariff

barriers to, and other distortions of, trade requires a change in a

domestic law, the department or agency having the primary interest

in the administration of such domestic law shall prepare and

transmit to the Special Representative (now Trade Representative)

the proposed legislation necessary or appropriate for such

implementation.

(c) The functions of the President under Section 131(a) of the

Act (section 2151(a) of this title), with respect to publishing and

furnishing to the International Trade Commission lists of articles,

are delegated to the Special Representative (now Trade

Representative). The functions of the President under Section

131(c) of the Act (section 2151(c) of this title) with respect to

advice of the International Trade Commission and under Section 132

of the Act (section 2152 of this title) with respect to advice of

the departments of the Federal Government and other sources, are

delegated to the Special Representative (now Trade Representative).

The functions of the President under Section 133 of the Act

(section 2153 of this title) with respect to public hearings in

connection with certain trade negotiations are delegated to the

Special Representative (now Trade Representative), who shall

designate an interagency committee to hold and conduct any such

hearings.

(d) The functions of the President under Section 135 of the Act

(section 2155 of this title) with respect to advisory committees

and, notwithstanding the provisions of any other Executive order,

the functions of the President under the Federal Advisory Committee

Act (86 Stat. 770, 5 U.S.C. App.), except that of reporting

annually to Congress, which are applicable to advisory committees

under the Act (this chapter) are delegated to the Special

Representative (now Trade Representative). In establishing and

organizing general policy advisory committees or sector advisory

committees under Section 135(c) of the Act (section 2155(c) of this

title), the Special Representative (now Trade Representative) shall

act through the Secretaries of Commerce, Labor and Agriculture, as

appropriate.

(e) The functions of the President with respect to determining ad

valorem amounts and equivalents pursuant to Sections 601(3) and (4)

of the Act (section 2481(3) and (4) of this title) are hereby

delegated to the Special Representative (now Trade Representative).

The International Trade Commission is requested to advise the

Special Representative (now Trade Representative) with respect to

determining such ad valorem amounts and equivalents. The Special

Representative (now Trade Representative) shall seek the advice of

the Commission and consult with the Committee with respect to the

determination of such ad valorem amounts and equivalents.

(f) Advice of the International Trade Commission under Section

131 of the Act (section 2151 of this title), and other advice or

reports by the International Trade Commission to the President or

the Special Representative (now Trade Representative), the release

or disclosure of which is not specifically authorized or required

by law, shall not be released or disclosed in any manner or to any

extent not specifically authorized by the President or by the

Special Representative (now Trade Representative).

(g) All reports, findings, advice, determinations, hearing

transcripts, briefs, and information which, under the terms of the

Act (this chapter), the International Trade Commission is required

to furnish to the President shall be transmitted to the President

through the Special Representative (now Trade Representative).

Sec. 5. Import Relief and Market Disruption.

(a) The Special Representative (now Trade Representative) is

authorized to request from the International Trade Commission the

information specified in Sections 202(d) and 203(i)(1) and (2) of

the Act (sections 2252(d) and 2253(i)(1) and (2) of this title).

(b) The Secretary of the Treasury, in consultation with the

Secretary of Commerce or the Secretary of Agriculture, as

appropriate, is authorized to issue, under Section 203(g) of the

Act (section 2253(g) of this title), regulations governing the

administration of any quantitative restrictions proclaimed in order

to provide import relief and is authorized to issue, under Section

203(g) of the Act or 352(b) of the Trade Expansion Act of 1962

(section 1982(b) of this title), regulations governing the entry,

or withdrawal from warehouses for consumption, of articles pursuant

to any orderly marketing agreement.

(c) The Secretary of Commerce shall exercise primary

responsibility for monitoring imports under any orderly marketing

agreement.

Sec. 6. (Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R.

989.)

Sec. 7. East-West Foreign Trade Board (abolished).

(a) In accordance with Section 411 of the Act (section 2441 of

this title), there is hereby established the East-West Foreign

Trade Board (abolished), hereinafter referred to as the Board. The

Board shall be composed of the following members and such

additional members of the Executive branch as the President may

designate:

(1) The Secretary of State.

(2) The Secretary of the Treasury.

(3) The Secretary of Defense.

(4) The Secretary of Agriculture.

(5) The Secretary of Commerce.

(6) The Special Representative for Trade Negotiations (now

United States Trade Representative).

(7) The Director of the Office of Management and Budget.

(8) The Chairman of the Council of Economic Advisers.

(9) The President of the Export-Import Bank of the United

States.

(10) (Deleted by Ex. Ord. No. 12102.)

The President shall designate the Chairman and the Deputy Chairman

of the Board. The President may designate an Executive Secretary,

who shall be Chairman of a working group which will include

membership from the agencies represented on the Board.

(b) The Board shall perform such functions as are required by

Section 411 of the Act (section 2441 of this title) and such other

functions as the President may direct.

(c) The Board is authorized to promulgate such rules and

regulations as are necessary or appropriate to carry out its

responsibilities under the Act (this chapter) and this Order.

(d) The Secretary of State shall advise the President with

respect to determinations required to be made in connection with

Sections 402 and 409 of the Act (dealing with freedom of

emigration) (sections 2432 and 2439 of this title) and Section 403

(dealing with United States personnel missing in action in

Southeast Asia) (section 2433 of this title), and shall prepare,

for the President's transmission to Congress, the reports and other

documents required by Sections 402 and 409 of the Act.

(e) The President's Committee on East-West Trade Policy,

established by Executive Order No. 11789 of June 25, 1974, as

amended by Section 6(d) of Executive Order No. 11808 of September

30, 1974, is abolished and all of its records are transferred to

the Board.

Sec. 8. Generalized System of Preferences.

(a) The Special Representative (now Trade Representative), in

consultation with the Secretary of State, shall be responsible for

the administration of the generalized system of preferences under

Title V of the Act (section 2461 et seq. of this title).

(b) The Committee, through the Special Representative (now Trade

Representative), shall advise the President as to which countries

should be designated as beneficiary developing countries, and as to

which articles should be designated as eligible articles for the

purposes of the system of generalized preferences.

(c) The Committee, through the Special Representative (now Trade

Representative), shall perform the functions of the President

specified in Section 503(a) of the Act (section 2463(a) of this

title), with respect to publishing and furnishing to the

International Trade Commission lists of articles that may be

considered for designation as eligible articles for purposes of the

Generalized System of Preferences.

(d) The Committee, through the Special Representative (now Trade

Representative), to the extent necessary to determine the

applicability of the provisions of Section 504(d) of the Act

(section 2464(d) of this title) to any eligible article, shall

perform the functions of the President under Section 332(g) of the

Tariff Act of 1930, as amended (section 1332(g) of this title),

with respect to requests for investigations by, and reports from,

the International Trade Commission.

Sec. 9. Prior Executive Orders.

(a) Executive Order No. 11789 of June 25, 1974, and Section 6(d)

of Executive Order No. 11808 of September 30, 1974, relating to the

President's Committee on East-West Trade Policy are hereby revoked.

(b)(1) Sections 5(b), 7, and 8 of Executive Order No. 11075 of

January 15, 1963, are hereby revoked effective April 3, 1975; (2)

the remainder of Executive Order No. 11075, and Executive Order No.

11106 of April 18, 1963 and Executive Order No. 11113 of June 13,

1963, are hereby revoked.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2113, 2114, 2115, 2116,

2119, 2134, 2904, 3810 of this title.

-CITE-

19 USC Sec. 2112 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2112. Barriers to and other distortions of trade

-STATUTE-

(a) Congressional findings; directives; disavowal of prior approval

of legislation

The Congress finds that barriers to (and other distortions of)

international trade are reducing the growth of foreign markets for

the products of United States agriculture, industry, mining, and

commerce, diminishing the intended mutual benefits of reciprocal

trade concessions, adversely affecting the United States economy,

preventing fair and equitable access to supplies, and preventing

the development of open and nondiscriminatory trade among nations.

The President is urged to take all appropriate and feasible steps

within his power (including the full exercise of the rights of the

United States under international agreements) to harmonize, reduce,

or eliminate such barriers to (and other distortions of)

international trade. The President is further urged to utilize the

authority granted by subsection (b) of this section to negotiate

trade agreements with other countries and instrumentalities

providing on a basis of mutuality for the harmonization, reduction,

or elimination of such barriers to (and other distortions of)

international trade. Nothing in this subsection shall be construed

as prior approval of any legislation which may be necessary to

implement an agreement concerning barriers to (or other distortions

of) international trade.

(b) Presidential determinations prerequisite to entry into trade

agreements; trade with Israel

(1) Whenever the President determines that any barriers to (or

other distortions of) international trade of any foreign country or

the United States unduly burden and restrict the foreign trade of

the United States or adversely affect the United States economy, or

that the imposition of such barriers is likely to result in such a

burden, restriction, or effect, and that the purposes of this

chapter will be promoted thereby, the President, during the 13-year

period beginning on January 3, 1975, may enter into trade

agreements with foreign countries or instrumentalities providing

for the harmonization, reduction, or elimination of such barriers

(or other distortions) or providing for the prohibition of or

limitations on the imposition of such barriers (or other

distortions).

(2)(A) Trade agreements that provide for the elimination or

reduction of any duty imposed by the United States may be entered

into under paragraph (1) only with Israel.

(B) The negotiation of any trade agreement entered into under

paragraph (1) with Israel that provides for the elimination or

reduction of any duty imposed by the United States shall take fully

into account any product that benefits from a discriminatory

preferential tariff arrangement between Israel and a third country

if the tariff preference on such product has been the subject of a

challenge by the United States Government under the authority of

section 2411 of this title and the General Agreement on Tariffs and

Trade.

(C) Notwithstanding any other provision of this section, the

requirements of subsections (c) and (e)(1) of this section shall

not apply to any trade agreement entered into under paragraph (1)

with Israel that provides for the elimination or reduction of any

duty imposed by the United States.

(3) Notwithstanding any other provision of law, no trade benefit

shall be extended to any country by reason of the extension of any

trade benefit to another country under a trade agreement entered

into under paragraph (1) with such other country that provides for

the elimination or reduction of any duty imposed by the United

States.

(4)(A) Notwithstanding paragraph (2), a trade agreement that

provides for the elimination or reduction of any duty imposed by

the United States may be entered into under paragraph (1) with any

country other than Israel if -

(i) such country requested the negotiation of such an

agreement, and

(ii) the President, at least 60 days prior to the date notice

is provided under subsection (e)(1) of this section -

(I) provides written notice of such negotiations to the

Committee on Finance of the Senate and the Committee on Ways

and Means of the House of Representatives, and

(II) consults with such committees regarding the negotiation

of such agreement.

(B) The provisions of section 2191 of this title shall not apply

to an implementing bill (within the meaning of section 2191(b) of

this title) if -

(i) such implementing bill contains a provision approving of

any trade agreement which -

(I) is entered into under this section with any country other

than Israel, and

(II) provides for the elimination or reduction of any duty

imposed by the United States, and

(ii) either -

(I) the requirements of subparagraph (A) were not met with

respect to the negotiation of such agreement, or

(II) the Committee on Finance of the Senate or the Committee

on Ways and Means of the House of Representatives disapproved

of the negotiation of such agreement before the close of the

60-day period which begins on the date notice is provided under

subparagraph (A)(ii)(I) with respect to the negotiation of such

agreement.

(C) The 60-day period described in subparagraphs (A)(ii) and

(B)(ii)(II) shall be computed without regard to -

(i) the days on which either House of Congress is not in

session because of an adjournment of more than 3 days to a day

certain or an adjournment of the Congress sine die, and

(ii) any Saturday and Sunday, not excluded under clause (i),

when either House of Congress is not in session.

(c) Presidential consultation with Congress prior to entry into

trade agreements

Before the President enters into any trade agreement under this

section providing for the harmonization, reduction, or elimination

of a barrier to (or other distortion of) international trade, he

shall consult with the Committee on Ways and Means of the House of

Representatives, the Committee on Finance of the Senate, and with

each committee of the House and the Senate and each joint committee

of the Congress which has jurisdiction over legislation involving

subject matters which would be affected by such trade agreement.

Such consultation shall include all matters relating to the

implementation of such trade agreement as provided in subsections

(d) and (e) of this section. If it is proposed to implement such

trade agreement, together with one or more other trade agreements

entered into under this section, in a single implementing bill,

such consultation shall include the desirability and feasibility of

such proposed implementation.

(d) Submission to Congress of agreements, drafts of implementing

bills, and statements of proposed administrative action

Whenever the President enters into a trade agreement under this

section providing for the harmonization, reduction, or elimination

of a barrier to (or other distortion of) international trade, he

shall submit such agreement, together with a draft of an

implementing bill (described in section 2191(b) of this title) and

a statement of any administrative action proposed to implement such

agreement, to the Congress as provided in subsection (e) of this

section, and such agreement shall enter into force with respect to

the United States only if the provisions of subsection (e) of this

section are complied with and the implementing bill submitted by

the President is enacted into law.

(e) Steps prerequisite to entry into force of trade agreements

Each trade agreement submitted to the Congress under this

subsection shall enter into force with respect to the United States

if (and only if) -

(1) the President, not less than 90 days before the day on

which he enters into such trade agreement, notifies the House of

Representatives and the Senate of his intention to enter into

such an agreement, and promptly thereafter publishes notice of

such intention in the Federal Register;

(2) after entering into the agreement, the President transmits

a document to the House of Representatives and to the Senate

containing a copy of the final legal text of such agreement

together with -

(A) a draft of an implementing bill and a statement of any

administrative action proposed to implement such agreement, and

an explanation as to how the implementing bill and proposed

administrative action change or affect existing law, and

(B) a statement of his reasons as to how the agreement serves

the interests of United States commerce and as to why the

implementing bill and proposed administrative action is

required or appropriate to carry out the agreement; and

(3) the implementing bill is enacted into law.

(f) Obligations imposed upon foreign countries or instrumentalities

receiving benefits under trade agreements

To insure that a foreign country or instrumentality which

receives benefits under a trade agreement entered into under this

section is subject to the obligations imposed by such agreement,

the President may recommend to Congress in the implementing bill

and statement of administrative action submitted with respect to

such agreement that the benefits and obligations of such agreement

apply solely to the parties to such agreement, if such application

is consistent with the terms of such agreement. The President may

also recommend with respect to any such agreement that the benefits

and obligations of such agreement not apply uniformly to all

parties to such agreement, if such application is consistent with

the terms of such agreement.

(g) Definitions

For purposes of this section -

(1) the term ''barrier'' includes -

(A) the American selling price basis of customs evaluation as

defined in section 1401a or 1402 of this title, as appropriate,

and

(B) any duty or other import restriction;

(2) the term ''distortion'' includes a subsidy; and

(3) the term ''international trade'' includes -

(A) trade in both goods and services, and

(B) foreign direct investment by United States persons,

especially if such investment has implications for trade in

goods and services.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 102, Jan. 3, 1975, 88 Stat. 1982;

Pub. L. 96-39, title XI, Sec. 1101, 1106(c)(1), July 26, 1979, 93

Stat. 307, 311; Pub. L. 98-573, title III, Sec. 307(a), title IV,

Sec. 401(a)-(c)(1), Oct. 30, 1984, 98 Stat. 3012, 3013-3015; Pub.

L. 99-47, Sec. 8(b)(1), June 11, 1985, 99 Stat. 84; Pub. L. 99-514,

title XVIII, Sec. 1887(a)(1), Oct. 22, 1986, 100 Stat. 2923.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(1), was in the original

''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see References in

Text note set out under section 2101 of this title and Tables.

Section 1402 of this title, referred to in subsec. (g)(1)(A), was

repealed by Pub. L. 96-39.

-MISC2-

AMENDMENTS

1986 - Subsec. (b)(4)(B)(ii)(II). Pub. L. 99-514 substituted

''subparagraph'' for ''subsection''.

1985 - Subsec. (b)(3). Pub. L. 99-47 inserted ''that provides for

the elimination or reduction of any duty imposed by the United

States'' after ''such other country''.

1984 - Subsec. (b). Pub. L. 98-573, Sec. 401(a), designated

existing provisions as par. (1) and added pars. (2) to (4).

Subsec. (g)(1). Pub. L. 98-573, Sec. 401(b), designated existing

provisions as subpar. (A) and added subpar. (B).

Subsec. (g)(3). Pub. L. 98-573, Sec. 307(a), designated existing

provisions as subpar. (A) and added subpar. (B).

1979 - Subsec. (b). Pub. L. 96-39, Sec. 1101, substituted

''13-year period'' for ''5-year period''.

Subsec. (e)(2). Pub. L. 96-39, Sec. 1106(c)(1), substituted

''copy of the final legal text of such agreement'' for ''copy of

such agreement''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment of subsec. (b) of this section by section 1101 of Pub.

L. 96-39 effective July 26, 1979, see section 1114 of Pub. L.

96-39, set out as an Effective Date note under section 2581 of this

title.

Section 1106(c)(1) of Pub. L. 96-39 provided in part that the

amendment of subsec. (e)(2) of this section by section 1106(c)(1)

of Pub. L. 96-39 shall apply with respect to trade agreements

submitted to the Congress under this section after July 26, 1979.

PROTECTIVE ORDER PROVISIONS APPLICABLE WITH RESPECT TO

COUNTERVAILING AND ANTIDUMPING DUTY INVESTIGATIONS INVOLVING

PRODUCTS OF CANADIAN ORIGIN

Pub. L. 101-382, title I, Sec. 135(c), Aug. 20, 1990, 104 Stat.

652, provided that: ''For purposes of section 404 of the United

States-Canada Free-Trade Agreement Implementation Act of 1988 (Pub.

L. 100-449, set out in a note below), the amendments made by

subsection (b) (amending section 1677f of this title) also apply

with respect to investigations under title VII of the Tariff Act of

1930 (19 U.S.C. 1671 et seq.) involving products of Canadian

origin.''

UNITED STATES-JORDAN FREE TRADE AREA IMPLEMENTATION

Pub. L. 107-43, Sept. 28, 2001, 115 Stat. 243, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'United States-Jordan Free Trade

Area Implementation Act'.

''SEC. 2. PURPOSES.

''The purposes of this Act are -

''(1) to implement the agreement between the United States and

Jordan establishing a free trade area;

''(2) to strengthen and develop the economic relations between

the United States and Jordan for their mutual benefit; and

''(3) to establish free trade between the 2 nations through the

removal of trade barriers.

''SEC. 3. DEFINITIONS.

''For purposes of this Act:

''(1) Agreement. - The term 'Agreement' means the Agreement

between the United States of America and the Hashemite Kingdom of

Jordan on the Establishment of a Free Trade Area, entered into on

October 24, 2000.

''(2) HTS. - The term 'HTS' means the Harmonized Tariff

Schedule of the United States.

''TITLE I - TARIFF MODIFICATIONS; RULES OF ORIGIN

''SEC. 101. TARIFF MODIFICATIONS.

''(a) Tariff Modifications Provided for in the Agreement. - The

President may proclaim -

''(1) such modifications or continuation of any duty;

''(2) such continuation of duty-free or excise treatment; or

''(3) such additional duties,

as the President determines to be necessary or appropriate to carry

out article 2.1 of the Agreement and the schedule of duty

reductions with respect to Jordan set out in Annex 2.1 of the

Agreement.

''(b) Other Tariff Modifications. - The President may proclaim -

''(1) such modifications or continuation of any duty;

''(2) such continuation of duty-free or excise treatment; or

''(3) such additional duties,

as the President determines to be necessary or appropriate to

maintain the general level of reciprocal and mutually advantageous

concessions with respect to Jordan provided for by the Agreement.

''SEC. 102. RULES OF ORIGIN.

''(a) In General. -

''(1) Eligible articles. -

''(A) In general. - The reduction or elimination of any duty

imposed on any article by the United States provided for in the

Agreement shall apply only if -

''(i) that article is imported directly from Jordan into

the customs territory of the United States; and

''(ii) that article -

''(I) is wholly the growth, product, or manufacture of Jordan; or

''(II) is a new or different article of commerce that has been

grown, produced, or manufactured in Jordan and meets the

requirements of subparagraph (B).

''(B) Requirements. -

''(i) General rule. - The requirements of this subparagraph

are that with respect to an article described in subparagraph

(A)(ii)(II), the sum of -

''(I) the cost or value of the materials produced in Jordan, plus

''(II) the direct costs of processing operations performed in

Jordan,

is not less than 35 percent of the appraised value of such

article at the time it is entered.

''(ii) Materials produced in united states. - If the cost

or value of materials produced in the customs territory of

the United States is included with respect to an article to

which this paragraph applies, an amount not to exceed 15

percent of the appraised value of the article at the time it

is entered that is attributable to such United States cost or

value may be applied toward determining the percentage

referred to in clause (i).

''(2) Exclusions. - No article may be considered to meet the

requirements of paragraph (1)(A) by virtue of having merely

undergone -

''(A) simple combining or packaging operations; or

''(B) mere dilution with water or mere dilution with another

substance that does not materially alter the characteristics of

the article.

''(b) Direct Costs of Processing Operations. -

''(1) In general. - As used in this section, the term 'direct

costs of processing operations' includes, but is not limited to -

''(A) all actual labor costs involved in the growth,

production, manufacture, or assembly of the specific

merchandise, including fringe benefits, on-the-job training,

and the cost of engineering, supervisory, quality control, and

similar personnel; and

''(B) dies, molds, tooling, and depreciation on machinery and

equipment which are allocable to the specific merchandise.

''(2) Excluded costs. - The term 'direct costs of processing

operations' does not include costs which are not directly

attributable to the merchandise concerned, or are not costs of

manufacturing the product, such as -

''(A) profit; and

''(B) general expenses of doing business which are either not

allocable to the specific merchandise or are not related to the

growth, production, manufacture, or assembly of the

merchandise, such as administrative salaries, casualty and

liability insurance, advertising, and salesmen's salaries,

commissions, or expenses.

''(c) Textile and Apparel Articles. -

''(1) In general. - A textile or apparel article imported

directly from Jordan into the customs territory of the United

States shall be considered to meet the requirements of paragraph

(1)(A) of subsection (a) only if -

''(A) the article is wholly obtained or produced in Jordan;

''(B) the article is a yarn, thread, twine, cordage, rope,

cable, or braiding, and -

''(i) the constituent staple fibers are spun in Jordan, or

''(ii) the continuous filament is extruded in Jordan;

''(C) the article is a fabric, including a fabric classified

under chapter 59 of the HTS, and the constituent fibers,

filaments, or yarns are woven, knitted, needled, tufted,

felted, entangled, or transformed by any other fabric-making

process in Jordan; or

''(D) the article is any other textile or apparel article

that is wholly assembled in Jordan from its component pieces.

''(2) Definition. - For purposes of paragraph (1), an article

is 'wholly obtained or produced in Jordan' if it is wholly the

growth, product, or manufacture of Jordan.

''(3) Special rules. -

''(A) Certain made-up articles, textile articles in the

piece, and certain other textiles and textile articles. -

Notwithstanding paragraph (1)(D) and except as provided in

subparagraphs (C) and (D) of this paragraph, subparagraph (A),

(B), or (C) of paragraph (1), as appropriate, shall determine

whether a good that is classified under one of the following

headings or subheadings of the HTS shall be considered to meet

the requirements of paragraph (1)(A) of subsection (a): 5609,

5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6304, 6305,

6306, 6307.10, 6307.90, 6308, and 9404.90.

''(B) Certain knit-to-shape textiles and textile articles. -

Notwithstanding paragraph (1)(D) and except as provided in

subparagraphs (C) and (D) of this paragraph, a textile or

apparel article which is knit-to-shape in Jordan shall be

considered to meet the requirements of paragraph (1)(A) of

subsection (a).

''(C) Certain dyed and printed textiles and textile articles.

- Notwithstanding paragraph (1)(D), a good classified under

heading 6117.10, 6213.00, 6214.00. 6302.22, 6302.29, 6302.52,

6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99,

6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the

HTS, except for a good classified under any such heading as of

cotton or of wool or consisting of fiber blends containing 16

percent or more by weight of cotton, shall be considered to

meet the requirements of paragraph (1)(A) of subsection (a) if

the fabric in the good is both dyed and printed in Jordan, and

such dyeing and printing is accompanied by 2 or more of the

following finishing operations: bleaching, shrinking, fulling,

napping, decating, permanent stiffening, weighting, permanent

embossing, or moireing.

''(D) Fabrics of silk, cotton, manmade fiber or vegetable

fiber. - Notwithstanding paragraph (1)(C), a fabric classified

under the HTS as of silk, cotton, man-made fiber, or vegetable

fiber shall be considered to meet the requirements of paragraph

(1)(A) of subsection (a) if the fabric is both dyed and printed

in Jordan, and such dyeing and printing is accompanied by 2 or

more of the following finishing operations: bleaching,

shrinking, fulling, napping, decating, permanent stiffening,

weighting, permanent embossing, or moireing.

''(4) Multicountry rule. - If the origin of a textile or

apparel article cannot be determined under paragraph (1) or (3),

then that article shall be considered to meet the requirements of

paragraph (1)(A) of subsection (a) if -

''(A) the most important assembly or manufacturing process

occurs in Jordan; or

''(B) if the applicability of paragraph (1)(A) of subsection

(a) cannot be determined under subparagraph (A), the last

important assembly or manufacturing occurs in Jordan.

''(d) Exclusion. - A good shall not be considered to meet the

requirements of paragraph (1)(A) of subsection (a) if the good -

''(1) is imported into Jordan, and, at the time of importation,

would be classified under heading 0805 of the HTS; and

''(2) is processed in Jordan into a good classified under any

of subheadings 2009.11 through 2009.30 of the HTS.

(e) Regulations. - The Secretary of the Treasury, after

consultation with the United States Trade Representative, shall

prescribe such regulations as may be necessary to carry out this

section.

''TITLE II - RELIEF FROM IMPORTS

''SUBTITLE A - GENERAL PROVISIONS

''SEC. 201. DEFINITIONS.

''As used in this title:

''(1) Commission. - The term 'Commission' means the United

States International Trade Commission.

''(2) Jordanian article. - The term 'Jordanian article' means

an article that qualifies for reduction or elimination of a duty

under section 102.

''SUBTITLE B - RELIEF FROM IMPORTS BENEFITING FROM THE AGREEMENT

''SEC. 211. COMMENCING OF ACTION FOR RELIEF.

''(a) Filing of Petition. -

''(1) In general. - A petition requesting action under this

subtitle for the purpose of adjusting to the obligations of the

United States under the Agreement may be filed with the

Commission by an entity, including a trade association, firm,

certified or recognized union, or group of workers that is

representative of an industry. The Commission shall transmit a

copy of any petition filed under this subsection to the United

States Trade Representative.

''(2) Provisional relief. - An entity filing a petition under

this subsection may request that provisional relief be provided

as if the petition had been filed under section 202(a) of the

Trade Act of 1974 (19 U.S.C. 2252(a)).

''(3) Critical circumstances. - Any allegation that critical

circumstances exist shall be included in the petition.

''(b) Investigation and Determination. -

''(1) In general. - Upon the filing of a petition under

subsection (a), the Commission, unless subsection (d) applies,

shall promptly initiate an investigation to determine whether, as

a result of the reduction or elimination of a duty provided for

under the Agreement, a Jordanian article is being imported into

the United States in such increased quantities, in absolute terms

or relative to domestic production, and under such conditions

that imports of the Jordanian article alone constitute a

substantial cause of serious injury or threat thereof to the

domestic industry producing an article that is like, or directly

competitive with, the imported article.

''(2) Causation. - For purposes of this subtitle, a Jordanian

article is being imported into the United States in increased

quantities as a result of the reduction or elimination of a duty

provided for under the Agreement if the reduction or elimination

is a cause that contributes significantly to the increase in

imports. Such cause need not be equal to or greater than any

other cause.

''(c) Applicable Provisions. - The following provisions of

section 202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with

respect to any investigation initiated under subsection (b):

''(1) Paragraphs (1)(B) and (3) of subsection (b).

''(2) Subsection (c).

''(3) Subsection (d).

''(d) Articles Exempt From Investigation. - No investigation may

be initiated under this section with respect to any Jordanian

article if import relief has been provided under this subtitle with

respect to that article.

''SEC. 212. COMMISSION ACTION ON PETITION.

''(a) Determination. - By no later than 120 days (180 days if

critical circumstances have been alleged) after the date on which

an investigation is initiated under section 211(b) with respect to

a petition, the Commission shall make the determination required

under that section.

''(b) Additional Finding and Recommendation if Determination

Affirmative. - If the determination made by the Commission under

subsection (a) with respect to imports of an article is

affirmative, the Commission shall find, and recommend to the

President in the report required under subsection (c), the amount

of import relief that is necessary to remedy or prevent the injury

found by the Commission in the determination and to facilitate the

efforts of the domestic industry to make a positive adjustment to

import competition. The import relief recommended by the

Commission under this subsection shall be limited to that described

in section 213(c).

''(c) Report to President. - No later than the date that is 30

days after the date on which a determination is made under

subsection (a) with respect to an investigation, the Commission

shall submit to the President a report that shall include -

''(1) a statement of the basis for the determination;

''(2) dissenting and separate views; and

''(3) any finding made under subsection (b) regarding import

relief.

''(d) Public Notice. - Upon submitting a report to the President

under subsection (c), the Commission shall promptly make public

such report (with the exception of information which the Commission

determines to be confidential) and shall cause a summary thereof to

be published in the Federal Register.

''(e) Applicable Provisions. - For purposes of this subtitle, the

provisions of paragraphs (1), (2), and (3) of section 330(d) of the

Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with

respect to determinations and findings made under this section as

if such determinations and findings were made under section 202 of

the Trade Act of 1974 (19 U.S.C. 2252).

''SEC. 213. PROVISION OF RELIEF.

''(a) In General. - No later than the date that is 30 days after

the date on which the President receives the report of the

Commission containing an affirmative determination of the

Commission under section 212(a), the President shall provide relief

from imports of the article that is the subject of such

determination to the extent that the President determines necessary

to prevent or remedy the injury found by the Commission and to

facilitate the efforts of the domestic industry to make a positive

adjustment to import competition, unless the President determines

that the provision of such relief is not in the national economic

interest of the United States or, in extraordinary circumstances,

that the provision of such relief would cause serious harm to the

national security of the United States.

''(b) National Economic Interest. - The President may determine

under subsection (a) that providing import relief is not in the

national economic interest of the United States only if the

President finds that taking such action would have an adverse

impact on the United States economy clearly greater than the

benefits of taking such action.

''(c) Nature of Relief. - The import relief (including

provisional relief) that the President is authorized to provide

under this subtitle with respect to imports of an article is -

''(1) the suspension of any further reduction provided for

under the United States Schedule to Annex 2.1 of the Agreement in

the duty imposed on that article;

''(2) an increase in the rate of duty imposed on such article

to a level that does not exceed the lesser of -

''(A) the column 1 general rate of duty imposed under the HTS

on like articles at the time the import relief is provided; or

''(B) the column 1 general rate of duty imposed under the HTS

on like articles on the day before the date on which the

Agreement enters into force; or

''(3) in the case of a duty applied on a seasonal basis to that

article, an increase in the rate of duty imposed on the article

to a level that does not exceed the column 1 general rate of duty

imposed under the HTS on the article for the corresponding season

occurring immediately before the date on which the Agreement

enters into force.

''(d) Period of Relief. - The import relief that the President is

authorized to provide under this section may not exceed 4 years.

''(e) Rate After Termination of Import Relief. - When import

relief under this subtitle is terminated with respect to an article

-

''(1) the rate of duty on that article after such termination

and on or before December 31 of the year in which termination

occurs shall be the rate that, according to the United States

Schedule to Annex 2.1 of the Agreement for the staged elimination

of the tariff, would have been in effect 1 year after the

initiation of the import relief action under section 211; and

''(2) the tariff treatment for that article after December 31

of the year in which termination occurs shall be, at the

discretion of the President, either -

''(A) the rate of duty conforming to the applicable rate set

out in the United States Schedule to Annex 2.1; or

''(B) the rate of duty resulting from the elimination of the

tariff in equal annual stages ending on the date set out in the

United States Schedule to Annex 2.1 for the elimination of the

tariff.

''SEC. 214. TERMINATION OF RELIEF AUTHORITY.

''(a) General Rule. - Except as provided in subsection (b), no

import relief may be provided under this subtitle after the date

that is 15 years after the date on which the Agreement enters into

force.

''(b) Exception. - Import relief may be provided under this

subtitle in the case of a Jordanian article after the date on which

such relief would, but for this subsection, terminate under

subsection (a), but only if the Government of Jordan consents to

such provision.

''SEC. 215. COMPENSATION AUTHORITY.

''For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.

2133), any import relief provided by the President under section

213 shall be treated as action taken under chapter 1 of title II of

such Act (19 U.S.C. 2251 et seq.).

''SEC. 216. SUBMISSION OF PETITIONS.

''A petition for import relief may be submitted to the Commission

under -

''(1) this subtitle;

''(2) chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.

2251 et seq.); or

''(3) under both this subtitle and such chapter 1 at the same

time, in which case the Commission shall consider such petitions

jointly.

''SUBTITLE C - CASES UNDER TITLE II OF THE TRADE ACT OF 1974

''SEC. 221. FINDINGS AND ACTION ON JORDANIAN IMPORTS.

''(a) Effect of Imports. - If, in any investigation initiated

under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.

2251 et seq.), the Commission makes an affirmative determination

(or a determination which the President may treat as an affirmative

determination under such chapter by reason of section 330(d) of the

Tariff Act of 1930 (19 U.S.C. 1330(d))), the Commission shall also

find (and report to the President at the time such injury

determination is submitted to the President) whether imports of the

article from Jordan are a substantial cause of serious injury or

threat thereof.

''(b) Presidential Action Regarding Jordanian Imports. - In

determining the nature and extent of action to be taken under

chapter 1 of title II of the Trade Act of 1974, the President shall

determine whether imports from Jordan are a substantial cause of

the serious injury found by the Commission and, if such

determination is in the negative, may exclude from such action

imports from Jordan.

''SEC. 222. TECHNICAL AMENDMENT.

(Amended section 2252 of this title.)

''TITLE III - TEMPORARY ENTRY

''SEC. 301. NONIMMIGRANT TRADERS AND INVESTORS.

''Upon the basis of reciprocity secured by the Agreement, an

alien who is a national of Jordan (and any spouse or child (as

defined in section 101(b)(1) of the Immigration and Nationality Act

(8 U.S.C. 1101(b)(1)) of the alien, if accompanying or following to

join the alien) shall be considered as entitled to enter the United

States under and in pursuance of the provisions of the Agreement as

a nonimmigrant described in section 101(a)(15)(E) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), if the

entry is solely for a purpose described in clause (i) or (ii) of

such section and the alien is otherwise admissible to the United

States as such a nonimmigrant.

''TITLE IV - GENERAL PROVISIONS

''SEC. 401. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND

STATE LAW.

''(a) Relationship of Agreement to United States Law. -

''(1) United states law to prevail in conflict. - No provision

of the Agreement, nor the application of any such provision to

any person or circumstance, that is inconsistent with any law of

the United States shall have effect.

''(2) Construction. - Nothing in this Act shall be construed -

''(A) to amend or modify any law of the United States; or

''(B) to limit any authority conferred under any law of the

United States,

unless specifically provided for in this Act.

''(b) Relationship of Agreement to State Law. -

''(1) Legal challenge. - No State law, or the application

thereof, may be declared invalid as to any person or circumstance

on the ground that the provision or application is inconsistent

with the Agreement, except in an action brought by the United

States for the purpose of declaring such law or application

invalid.

''(2) Definition of state law. - For purposes of this

subsection, the term 'State law' includes -

''(A) any law of a political subdivision of a State; and

''(B) any State law regulating or taxing the business of

insurance.

''(c) Effect of Agreement With Respect to Private Remedies. - No

person other than the United States -

''(1) shall have any cause of action or defense under the

Agreement; or

''(2) may challenge, in any action brought under any provision

of law, any action or inaction by any department, agency, or

other instrumentality of the United States, any State, or any

political subdivision of a State on the ground that such action

or inaction is inconsistent with the Agreement.

''SEC. 402. AUTHORIZATION OF APPROPRIATIONS.

''There are authorized to be appropriated for each fiscal year

after fiscal year 2001 to the Department of Commerce not more than

$100,000 for the payment of the United States share of the expenses

incurred in dispute settlement proceedings under article 17 of the

Agreement.

''SEC. 403. IMPLEMENTING REGULATIONS.

''After the date of enactment of this Act (Sept. 28, 2001) -

''(1) the President may proclaim such actions; and

''(2) other appropriate officers of the United States may issue

such regulations,

as may be necessary to ensure that any provision of this Act, or

amendment made by this Act, that takes effect on the date the

Agreement enters into force is appropriately implemented on such

date, but no such proclamation or regulation may have an effective

date earlier than the date the Agreement enters into force.

''SEC. 404. EFFECTIVE DATES; EFFECT OF TERMINATION.

''(a) Effective Dates. - Except as provided in subsection (b),

the provisions of this Act and the amendments made by this Act take

effect on the date the Agreement enters into force (Dec. 17, 2001).

''(b) Exceptions. - Sections 1 through 3 and this title take

effect on the date of the enactment of this Act (Sept. 28, 2001).

''(c) Termination of the Agreement. - On the date on which the

Agreement ceases to be in force, the provisions of this Act (other

than this subsection) and the amendments made by this Act, shall

cease to be effective.''

(The Harmonized Tariff Schedule of the United States is not set

out in the Code. See Publication of Harmonized Tariff Schedule note

set out under section 1202 of this title.)

UNITED STATES-CANADA FREE-TRADE AGREEMENT IMPLEMENTATION

Pub. L. 100-449, Sept. 28, 1988, 102 Stat. 1851, as amended by

Pub. L. 101-207, Sec. 1(b), Dec. 7, 1989, 103 Stat. 1833; Pub. L.

101-382, title I, Sec. 103(b), 134(b), Aug. 20, 1990, 104 Stat.

635, 651; Pub. L. 103-182, title I, Sec. 107, title III, Sec.

308(a), title IV, Sec. 413, Dec. 8, 1993, 107 Stat. 2065, 2104,

2147; Pub. L. 104-66, title I, Sec. 1021(d), Dec. 21, 1995, 109

Stat. 712; Pub. L. 105-206, title V, Sec. 5003(b)(3), July 22,

1998, 112 Stat. 789, provided that:

''SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

''(a) Short Title. - This Act (enacting section 1584 of Title 28,

Judiciary and Judicial Procedure, amending sections 58c, 81c, 1305,

1306, 1311, 1312, 1313, 1502, 1508, 1514, 1516a, 1562, 1677, 1677f,

and 2518 of this title, sections 150bb, 150cc, 154, 156, 624, 1582,

and 2803 of Title 7, Agriculture, section 1184 of Title 8, Aliens

and Nationality, section 24 of Title 12, Banks and Banking, section

152 of Title 21, Food and Drugs, sections 1581, 2201, and 2643 of

Title 28, section 2201 of Title 42, The Public Health and Welfare,

section 2406 of the Appendix to Title 50, War and National Defense,

enacting provisions set out as notes below, and amending provisions

set out as a note under section 2253 of this title) may be cited as

the 'United States-Canada Free-Trade Agreement Implementation Act

of 1988'.

''(b) Table of Contents. - (Omitted.)

''SEC. 2. PURPOSES.

''The purposes of this Act are -

''(1) to approve and implement the Free-Trade Agreement between

the United States and Canada negotiated under the authority of

section 102 of the Trade Act of 1974 (19 U.S.C. 2112);

''(2) to strengthen and develop economic relations between the

United States and Canada for their mutual benefit;

''(3) to establish a free-trade area between the two nations

through the reduction and elimination of barriers to trade in

goods and services and to investment; and

''(4) to lay the foundation for further cooperation to expand

and enhance the benefits of such Agreement.

''TITLE I - APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT

AND RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW

''SEC. 101. APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT.

''(a) Approval of Agreement and Statement of Administrative

Action. - Pursuant to sections 102 and 151 of the Trade Act of 1974

(19 U.S.C. 2112 and 2191), the Congress approves -

''(1) the United States-Canada Free-Trade Agreement

(hereinafter in this Act referred to as the 'Agreement') entered

into on January 2, 1988, and submitted to the Congress on July

25, 1988;

''(2) the letters exchanged between the Governments of the

United States and Canada -

''(A) dated January 2, 1988, relating to negotiations

regarding articles 301 (Rules of Origin) and 401 (Tariff

Elimination) of the Agreement, and

''(B) dated January 2, 1988, relating to negotiations

regarding article 2008 (Plywood Standards) of the Agreement;

and

''(3) the statement of administrative action proposed to

implement the Agreement that was submitted to the Congress on

July 25, 1988.

''(b) Conditions for Entry Into Force of the Agreement. - At such

time as the President determines that Canada has taken measures

necessary to comply with the obligations of the Agreement, the

President is authorized to exchange notes with the Government of

Canada providing for the entry into force, on or after January 1,

1989, of the Agreement with respect to the United States.

''(c) Report on Canadian Practices. - Within 60 days after the

date of the enactment of this Act (Sept. 28, 1988) (but not later

than December 15, 1988), the United States Trade Representative

shall submit to the Congress a report identifying, to the maximum

extent practicable, major current Canadian practices (and the legal

authority for such practices) that, in the opinion of the United

States Trade Representative -

''(1) are not in conformity with the Agreement; and

''(2) require a change of Canadian law, regulation, policy, or

practice to enable Canada to conform with its international

obligations under the Agreement.

''SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.

''(a) United States Laws To Prevail in Conflict. - No provision

of the Agreement, nor the application of any such provision to any

person or circumstance, which is in conflict with any law of the

United States shall have effect.

''(b) Relationship of Agreement to State and Local Law. -

''(1) The provisions of the Agreement prevail over -

''(A) any conflicting State law; and

''(B) any conflicting application of any State law to any

person or circumstance;

to the extent of the conflict.

''(2) Upon the enactment of this Act, the President shall, in

accordance with section 306(c)(2)(A) of the Trade and Tariff Act

of 1984 (19 U.S.C. 2114c), initiate consultations with the State

governments on the implementation of the obligations of the

United States under the Agreement. Such consultations shall be

held -

''(A) through the intergovernmental policy advisory

committees on trade established under such section for the

purpose of achieving conformity of State laws and practices

with the Agreement; and

''(B) with the individual States as necessary to deal with

particular questions that may arise.

''(3) The United States may bring an action challenging any

provision of State law, or the application thereof to any person

or circumstance, on the ground that the provision or application

is inconsistent with the Agreement.

''(4) For purposes of this subsection, the term 'State law'

includes -

''(A) any law of a political subdivision of a State; and

''(B) any State law regulating or taxing the business of

insurance.

''(c) Effect of Agreement With Respect to Private Remedies. - No

person other than the United States shall -

''(1) have any cause of action or defense under the Agreement

or by virtue of congressional approval thereof, or

''(2) challenge, in any action brought under any provision of

law, any action or inaction by any department, agency, or other

instrumentality of the United States, any State, or any political

subdivision of a State on the ground that such action or inaction

is inconsistent with the Agreement.

''(d) Initial Implementing Regulations. - Initial regulations

necessary or appropriate to carry out the actions proposed in the

statement of administrative action submitted under section

101(a)(3) to implement the Agreement shall, to the maximum extent

feasible, be issued within 1 year after the date of entry into

force of the Agreement (Jan. 1, 1989). In the case of any

implementing action that takes effect after the date of entry into

force of the Agreement, initial regulations to carry out that

action shall, to the maximum extent feasible, be issued within 1

year after such effective date.

''(e) Changes in Statutes To Implement a Requirement, Amendment,

or Recommendation. - The provisions of section 3(c) of the Trade

Agreements Act of 1979 (19 U.S.C. 2504(c)) shall apply as if the

Agreement were an agreement approved under section 2(a) of that Act

(19 U.S.C. 2503(a)) whenever the President determines that it is

necessary or appropriate to amend, repeal, or enact a statute of

the United States in order to implement any requirement of,

amendment to, or recommendation, finding or opinion under, the

Agreement; but such provisions shall not apply to any bill to

implement any such requirement, amendment, recommendation, finding,

or opinion that is submitted to the Congress after the close of the

30th month after the month in which the Agreement enters into force

(January 1989).

''SEC. 103. CONSULTATION AND LAY-OVER REQUIREMENTS FOR, AND

EFFECTIVE DATE OF, PROCLAIMED ACTIONS.

''(a) Consultation and Lay-Over Requirements. - If a provision of

this Act provides that the implementation of an action by the

President by proclamation is subject to the consultation and

lay-over requirements of this section, such action may be

proclaimed only if -

''(1) the President has obtained advice regarding the proposed

action from -

''(A) the appropriate advisory committees established under

section 135 of the Trade Act of 1974 (19 U.S.C. 2155), and

''(B) the United States International Trade Commission;

''(2) the President has submitted a report to the Committee on

Ways and Means of the House of Representatives and the Committee

on Finance of the Senate that sets forth -

''(A) the action proposed to be proclaimed and the reasons

therefor, and

''(B) the advice obtained under paragraph (1);

''(3) a period of at least 60 calendar days that begins on the

first day on which the President has met the requirements of

paragraphs (1) and (2) with respect to such action has expired;

and

''(4) the President has consulted with such Committees

regarding the proposed action during the period referred to in

paragraph (3).

''(b) Effective Date of Certain Proclaimed Actions. - No action

proclaimed by the President under the authority of this Act, if

such action is not subject to the consultation and lay-over

requirements under subsection (a), may take effect before the 15th

day after the date on which the text of the proclamation is

published in the Federal Register.

''SEC. 104. HARMONIZED SYSTEM.

''(a) Definition. - As used in this Act, the term 'Harmonized

System' means the nomenclature system established under the

International Convention on the Harmonized Commodity Description

and Coding System (done at Brussels on June 14, 1983, and the

protocol thereto, done at Brussels on June 24, 1986) as implemented

under United States law.

''(b) Interim Application of TSUS. - The following apply if the

International Convention, and the protocol thereto, referred to in

subsection (a) are not implemented under United States law before

the Agreement enters into force:

''(1) The President, subject to subsection (c), shall proclaim

such modifications to the Tariff Schedules of the United States

(19 U.S.C. 1202) as may be necessary to give effect, until such

time as such Convention and protocol are so implemented, to the

rules of origin, schedule of rate reductions, and other

provisions that would, but for the absence of such

implementation, be proclaimed under the authority of this Act to,

or in terms of, the Harmonized System to implement the

obligations of the United States under the Agreement.

''(2) Until such time as such Convention and protocol are so

implemented, any reference in this Act to the nomenclature of

such Convention and protocol shall be treated as a reference to

the corresponding nomenclature of the Tariff Schedules of the

United States as modified under paragraph (1).

''(c) Restrictions. -

''(1) No modification described in subsection (b)(1) that is to

take effect concurrently with the entry into force of the

Agreement may be proclaimed unless the text of the modification

is published in the Federal Register at least 30 days before the

date of entry into force (Jan. 1, 1989).

''(2) All modifications proclaimed under the authority of

subsection (b)(1) after the Agreement enters into force with

respect to the United States are subject to the consultation and

lay-over requirements of section 103(a).

''SEC. 105. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO

FORCE.

''Subject to section 103 or 104(c), as appropriate, and any other

applicable restriction or limitation in this Act on the proclaiming

of actions or the issuing of regulations to carry out this Act or

any amendment made by this Act, after the date of the enactment of

this Act (Sept. 28, 1988) -

''(1) the President may proclaim such actions; and

''(2) other appropriate officers of the United States

Government may issue such regulations;

as may be necessary to ensure that any provision of this Act, or

amendment made by this Act, that takes effect on the date the

Agreement enters into force (Jan. 1, 1989) is appropriately

implemented on such date, but no such proclamation or regulation

may have an effective date earlier than the date of entry into

force.

''TITLE II - TARIFF MODIFICATIONS, RULES OF ORIGIN, USER FEES,

DRAWBACK, ENFORCEMENT, AND OTHER CUSTOMS PROVISIONS

''SEC. 201. TARIFF MODIFICATIONS.

''(a) Tariff Modifications Specified in the Agreement. - The

President may proclaim -

''(1) such modifications or continuance of any existing duty;

''(2) such continuance of existing duty-free or excise

treatment; or

''(3) such additional duties;

as the President determines to be necessary or appropriate to carry

out article 401 of the Agreement and the schedule of duty

reductions with respect to Canada set forth in Annexes 401.2 and

401.7 to the Agreement, as approved under section 101(a)(1). For

purposes of proclaiming necessary modifications under such Annex

401.2, any article covered under subheading 9813.00.05 (contained

in the United States Schedule in such Annex) shall, unless such

article is a drawback eligible good under section 204(a), be

treated as being subject to any otherwise applicable customs duty

if the article, or merchandise incorporating such article, is

exported to Canada.

''(b) Other Tariff Modifications. - Subject to the consultation

and lay-over requirements of section 103(a), the President may

proclaim -

''(1) such modifications as the United States and Canada may

agree to regarding the staging of any duty treatment set forth in

Annexes 401.2 and 401.7 of the Agreement;

''(2) such modifications or continuance of any existing duty;

''(3) such continuance of existing duty-free or excise

treatment; or

''(4) such additional duties;

as the President determines to be necessary or appropriate to

maintain the general level of reciprocal and mutually advantageous

concessions with respect to Canada provided for by the Agreement.

''(c) Modifications Affecting Plywood. -

''(1) The Congress encourages the President to facilitate the

preparation, and the implementation with Canada, of common

performance standards for the use of softwood plywood and other

structural panels in construction applications in the United

States and Canada.

''(2) The President shall report to the Congress on the

incorporation of common plywood performance standards into

building codes in the United States and Canada and may implement

the provisions of article 2008 of the Agreement when he

determines that the necessary conditions have been met.

''(3) Any tariff reduction undertaken pursuant to paragraph (2)

shall be in equal annual increments ending January 1, 1998,

unless those reductions commence after January 1, 1991.

''SEC. 202. RULES OF ORIGIN.

''(a) In General. -

''(1) For purposes of implementing the tariff treatment

contemplated under the Agreement, goods originate in the

territory of a Party if -

''(A) they are wholly obtained or produced in the territory

of either Party or both Parties; or

''(B) they -

''(i) have been transformed in the territory of either

Party or both Parties so as to be subject to a change in

tariff classification as described in the Annex rules or to

such other requirements as the Annex rules may provide when

no change in tariff classifications occurs, and

''(ii) meet the other conditions set out in the Annex.

''(2) A good shall not be considered to originate in the

territory of a party (Party) under paragraph (1)(B) merely by

virtue of having undergone -

''(A) simple packaging or, except as expressly provided by

the Annex rules, combining operations;

''(B) mere dilution with water or another substance that does

not materially alter the characteristics of the good; or

''(C) any process or work in respect of which it is

established, or in respect of which the facts as ascertained

clearly justify the presumption, that the sole object was to

circumvent the provisions of chapter 3 of the Agreement.

''(3) Accessories, spare parts, or tools delivered with any

piece of equipment, machinery, apparatus, or vehicle that form

part of its standard equipment shall be treated as having the

same origin as that equipment, machinery, apparatus, or vehicle

if the quantities and values of such accessories, spare parts, or

tools are customary for the equipment, machinery, apparatus, or

vehicle.

''(b) Transshipment. - Goods exported from the territory of one

Party originate in the territory of that Party only if -

''(1) the goods meet the applicable requirements of subsection

(a) and are shipped to the territory of the other Party without

having entered the commerce of any third country;

''(2) the goods, if shipped through the territory of a third

country, do not undergo any operation other than unloading,

reloading, or any operation necessary to transport them to the

territory of the other Party or to preserve them in good

condition; and

''(3) the documents related to the exportation and shipment of

the goods from the territory of a Party show the territory of the

other Party as their final destination.

''(c) Interpretation. - In interpreting this section, the

following apply:

''(1) Whenever the processing or assembly of goods in the

territory of either Party or both Parties results in one of the

changes in tariff classification described in the Annex rules,

such goods shall be considered to have been transformed in the

territory of that Party and shall be treated as goods originating

in the territory of that Party if -

''(A) such processing or assembly occurs entirely within the

territory of either Party or both Parties; and

''(B) such goods have not subsequently undergone any

processing or assembly outside the territories of the Parties

that improves the goods in condition or advances them in value.

''(2) Whenever the assembly of goods in the territory of a

Party fails to result in a change of tariff classification

because either -

''(A) the goods were imported into the territory of the Party

in an unassembled or a disassembled form and were classified as

unassembled or disassembled goods pursuant to General Rule of

Interpretation 2(a) of the Harmonized System; or

''(B) the tariff subheading for the goods provides for both

the goods themselves and their parts;

such goods shall not be treated as goods originating in the

territory of a Party.

''(3) Notwithstanding paragraph (2), goods described in that

paragraph shall be considered to have been transformed in the

territory of a Party and be treated as goods originating in the

territory of the Party if -

''(A) the value of materials originating in the territory of

either Party or both Parties used or consumed in the production

of the goods plus the direct cost of assembling the goods in

the territory of either Party or both Parties constitute not

less than 50 percent of the value of the goods when exported to

the territory of the other Party; and

''(B) the goods have not subsequent to assembly undergone

processing or further assembly in a third country and they meet

the requirements of subsection (b).

''(4) The provisions of paragraph (3) shall not apply to goods

of chapters 61-63 of the Harmonized System.

''(5) In making the determination required by paragraph (3)(A)

and in making the same or a similar determination when required

by the Annex rules, where materials originating in the territory

of either Party or both Parties and materials obtained or

produced in a third country are used or consumed together in the

production of goods in the territory of a Party, the value of

materials originating in the territory of either Party or both

Parties may be treated as such only to the extent that it is

directly attributable to the goods under consideration.

''(6) In applying the Annex rules, a specific rule shall take

precedence over a more general rule.

''(d) Annex Rules. -

''(1) The President is authorized to proclaim, as a part of the

Harmonized System, the rules set forth under the heading 'Rules'

in Annex 301.2 of the Agreement. For purposes of carrying out

this paragraph -

''(A) the phrase 'headings 2207-2209' in paragraph 7 of

section IV of such Annex 301.2 shall be treated as a reference

to headings 2203-2209; and

''(B) the phrase 'any other heading' in paragraph 11 of

section XV in such Annex 301.2 shall be treated as a reference

to any other heading of chapter 74 of the Harmonized System.

''(2) Subject to the consultation and lay-over requirements of

section 103, the President is authorized to proclaim such

modifications to the rules as may from time-to-time be agreed to

by the United States and Canada.

''(e) Automotive Products. -

''(1) The President is authorized to proclaim such

modifications to the definition of Canadian articles (relating to

the administration of the Automotive Products Trade Act of 1965

(19 U.S.C. 2001 et seq.)) in the general notes of the Harmonized

System as may be necessary to conform that definition with

chapter 3 of the Agreement.

''(2) For purposes of administering the value requirement (as

defined in section 304(c)(3)) with respect to vehicles, the

Secretary of the Treasury shall prescribe regulations governing

the averaging of the value content of vehicles of the same class,

or of sister vehicles, assembled in the same plant as an

alternative to the calculation of the value content of each

vehicle.

''(f) Definitions. - For purposes of this section:

''(1) The term 'Annex' means -

''(A) the interpretative guidelines set forth in subsection

(c); and

''(B) the Annex rules.

''(2) The term 'Annex rules' means the rules proclaimed under

subsection (d).

''(3) The term 'direct cost of processing or direct cost of

assembling' means the costs directly incurred in, or that can

reasonably be allocated to, the production of goods, including -

''(A) the cost of all labor, including benefits and

on-the-job training, labor provided in connection with

supervision, quality control, shipping, receiving, storage,

packaging, management at the location of the process or

assembly, and other like labor, whether provided by employees

or independent contractors;

''(B) the cost of inspecting and testing the goods;

''(C) the cost of energy, fuel, dies, molds, tooling, and the

depreciation and maintenance of machinery and equipment,

without regard to whether they originate within the territory

of a Party;

''(D) development, design, and engineering costs;

''(E) rent, mortgage interest, depreciation on buildings,

property insurance premiums, maintenance, taxes and the cost of

utilities for real property used in the production of goods;

and

''(F) royalty, licensing, or other like payments for the

right to the goods;

but not including -

''(i) costs relating to the general expense of doing

business, such as the cost of providing executive, financial,

sales, advertising, marketing, accounting and legal services,

and insurance;

''(ii) brokerage charges relating to the importation and

exportation of goods;

''(iii) the costs for telephone, mail, and other means of

communication;

''(iv) packing costs for exporting the goods;

''(v) royalty payments related to a licensing agreement to

distribute or sell the goods;

''(vi) rent, mortgage interest, depreciation on buildings,

property insurance premiums, maintenance, taxes, and the cost

of utilities for real property used by personnel charged with

administrative functions; or

''(vii) profit on the goods.

''(4) The term 'goods wholly obtained or produced in the

territory of either Party or both Parties' means -

''(A) mineral goods extracted in the territory of either

Party or both Parties;

''(B) goods harvested in the territory of either Party or

both Parties;

''(C) live animals born and raised in the territory of either

Party or both Parties;

''(D) goods (fish, shellfish, and other marine life) taken

from the sea by vessels registered or recorded with a Party and

flying its flag;

''(E) goods produced on board factory ships from the goods

referred to in subparagraph (D) provided such factory ships are

registered or recorded with that Party and fly its flag;

''(F) goods taken by a Party or a person of a Party from the

seabed or beneath the seabed outside territorial waters,

provided that Party has rights to exploit such seabed;

''(G) goods taken from space, provided they are obtained by a

Party or a person of a Party and not processed in a third

country;

''(H) waste and scrap derived from manufacturing operations

and used goods, provided they were collected in the territory

of either Party or both Parties and are fit only for the

recovery of raw materials; and

''(I) goods produced in the territory of either Party or both

Parties exclusively from goods referred to in subparagraphs (A)

to (H) inclusive or from their derivatives, at any stage of

production.

''(5) The term 'materials' means goods, other than those

included as part of the direct cost of processing or assembling,

used or consumed in the production of other goods.

''(6) The term 'Party' means Canada or the United States.

''(7) The term 'territory' means -

''(A) with respect to Canada, the territory to which its

customs laws apply, including any areas beyond the territorial

seas of Canada within which, in accordance with international

law and its domestic laws, Canada may exercise rights with

respect to the seabed and subsoil and their natural resources;

and

''(B) with respect to the United States -

''(i) the customs territory of the United States, which

includes the fifty States, the District of Columbia and the

Commonwealth of Puerto Rico,

''(ii) the foreign trade zones located in the United

States, and the Commonwealth of Puerto Rico, and

''(iii) any area beyond the territorial seas of the United

States within which, in accordance with international law and

its domestic laws, the United States may exercise rights with

respect to the seabed and subsoil and their natural

resources.

''(8) The term 'third country' means any country other than

Canada or the United States or any territory not a part of the

territory of either.

''(9) The term 'value of materials originating in the territory

of either Party or both Parties' means the aggregate of -

''(A) the price paid by the producer of an exported good for

materials originating in the territory of either Party or both

Parties or for materials imported from a third country used or

consumed in the production of such originating materials; and

''(B) when not included in that price, the following costs

related thereto -

''(i) freight, insurance, packing, and all other costs

incurred in transporting any of the materials referred to in

subparagraph (A) to the location of the producer;

''(ii) duties, taxes, and brokerage fees on such materials

paid in the territory of either Party or both Parties;

''(iii) the cost of waste or spoilage resulting from the

use or consumption of such materials, less the value of

renewable scrap or byproduct; and

''(iv) the value of goods and services relating to such

materials determined in accordance with subparagraph 1(b) of

article 8 of the Agreement on Implementation of article VII

of the General Agreement on Tariffs and Trade.

''(10) The term 'value of the goods when exported to the

territory of the other Party' means the aggregate of -

''(A) the price paid by the producer for all materials,

whether or not the materials originate in either Party or both

Parties, and, when not included in the price paid for the

materials, the costs related to -

''(i) freight, insurance, packing, and all other costs

incurred in transporting all materials to the location of the

producer;

''(ii) duties, taxes, and brokerage fees on all materials

paid in the territory of either Party or both Parties;

''(iii) the cost of waste or spoilage resulting from the

use or consumption of such materials, less the value of

renewable scrap or byproduct; and

''(iv) the value of goods and services relating to all

materials determined in accordance with subparagraph 1(b) of

article 8 of the Agreement on Implementation of article VII

of the General Agreement on Tariffs and Trade; and

''(B) the direct cost of processing or the direct cost of

assembling the goods.

''(g) Special Provision Regarding Application of Rules of Origin

to Certain Apparel. - The Secretary of Commerce is authorized to

issue regulations governing the exportation to Canada of apparel

products that are cut, or knit to shape, and sewn, or otherwise

assembled, in either Party from fabric produced or obtained in a

third country for the purpose of establishing which exports of such

products shall be permitted to claim preferential tariff treatment

under the rules of origin of the Agreement, to the extent that the

Agreement provides for quantitative limits on the availability of

preferential tariff treatment for such products.

''SEC. 203. CUSTOMS USER FEES.

(Amended section 58c of this title.)

''SEC. 204. DRAWBACK.

''(a) Definition. - For purposes of this section, the term

'drawback eligible goods' means -

''(1) goods provided for under paragraph 8 of article 404 of

the Agreement;

''(2) goods provided for under paragraphs 4 and 5 of such

article; and

''(3) goods other than those referred to in paragraphs (1) and

(2) that the United States and Canada agree are not subject to

paragraphs 1, 2, and 3 of such article.

No drawback may be paid with respect to countervailing duties or

antidumping duties imposed on drawback eligible goods.

''(b) Implementation of Article 404. - The President is

authorized -

''(1) to proclaim the identity, in accordance with the

nomenclature of the Harmonized System, of goods referred to in

subsection (a)(1); and

''(2) subject to the consultation and lay-over requirements of

section 103(a), to proclaim -

''(A) the identity, in accordance with the nomenclature of

the Harmonized System, of goods referred to in subsection

(a)(3); and

''(B) a delay in the taking effect of article 404 of the

Agreement to a date later than January 1, 1994, with respect to

any merchandise if the United States and Canada agree to the

delay under paragraph 7 of such article.

''(c) Consequential Amendments. -

''(1) Bonded manufacturing warehouses. - (Amended section 1311

of this title.)

''(2) Bonded smelting and refining warehouses. - (Amended

section 1312 of this title.)

''(3) Drawback. - (Amended section 1313 of this title.)

''(4) Manipulation in warehouse. - (Amended section 1562 of

this title.)

''(5) Foreign trade zones. - (Amended section 81c of this

title.)

''SEC. 205. ENFORCEMENT.

''(a) Certifications of Origin. -

''(1) Any person that certifies in writing that goods exported

to Canada meet the rules of origin under section 202 of the

United States-Canada Free-Trade Agreement Implementation Act of

1988 (section 202 of this note) shall provide, upon request by

any customs official, a copy of that certification.

''(2) Any person that fails to provide a copy of a

certification requested under paragraph (1) shall be liable to

the United States for a civil penalty not to exceed $10,000.

''(3) Any person that certifies falsely that goods exported to

Canada meet the rules of origin under such section 202 shall be

liable to the United States for the same civil penalties provided

under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) for

a violation of section 592(a) of such Act by fraud, gross

negligence, or negligence, as the case may be. The procedures

and provisions of section 592 of such Act that are applicable to

a violation under section 592(a) of such Act shall apply with

respect to such false certification.

''(b) Housekeeping Requirements. - (Amended section 1508 of this

title.)

''SEC. 206. EXEMPTION FROM LOTTERY TICKET EMBARGO

(Amended section 1305 of this title.)

''SEC. 207. PRODUCTION-BASED DUTY REMISSION PROGRAMS WITH RESPECT

TO AUTOMOTIVE PRODUCTS.

''(a) USTR Study. - The United States Trade Representative shall

-

''(1) undertake a study to determine whether any of the

production-based duty remission programs of Canada with respect

to automotive products is either -

''(A) inconsistent with the provisions of, or otherwise

denies the benefits to the United States under, the General

Agreement on Tariffs and Trade, or

''(B) being implemented inconsistently with the obligations

under article 1002 of the Agreement not -

''(i) to expand the extent or the application, or

''(ii) to extend the duration,

of such programs; and

''(2) determine whether to initiate an investigation under

section 302 of the Trade Act of 1974 (19 U.S.C. 2412) with

respect to any of such production-based duty remission programs.

''(b) Report and Monitoring. -

''(1) The United States Trade Representative shall submit a

report to Congress no later than June 30, 1989 (or no later than

September 30, 1989, if the Trade Representative considers an

extension to be necessary) containing -

''(A) the results of the study under subsection (a)(1), as

well as a description of the basis used for measuring and

verifying compliance with the obligations referred to in

subsection (a)(1)(B); and

''(B) any determination made under subsection (a)(2) and the

reasons therefor.

''(2) Notwithstanding the submission of the report under

paragraph (1), the Trade Representative shall continue to monitor

the degree of compliance with the obligations referred to in

subsection (a)(1)(B).

''TITLE III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES

''SEC. 301. AGRICULTURE.

''(a) Special Tariff Provisions for Fresh Fruits and Vegetables.

-

''(1) The Secretary of Agriculture (hereafter in this section

referred to as the 'Secretary') may recommend to the President

the imposition of a temporary duty on any Canadian fresh fruit or

vegetable entered into the United States if the Secretary

determines that both of the following conditions exist at the

time that imposition of the duty is recommended:

''(A) For each of 5 consecutive working days the import price

of the Canadian fresh fruit or vegetable is below 90 percent of

the corresponding 5-year average monthly import price for such

fruit or vegetable.

''(B) The planted acreage in the United States for the like

fresh fruit or vegetable is no higher than the average planted

acreage over the preceding 5 years, excluding the years with

the highest and lowest acreage. For the purposes of applying

this subparagraph, any acreage increase attributed directly to

a reduction in the acreage that was planted to wine grapes as

of October 4, 1987, shall be excluded.

Whenever the Secretary makes a determination that the conditions

referred to in subparagraphs (A) and (B) regarding any Canadian

fresh fruit or vegetable exist, the Secretary shall immediately

submit for publication in the Federal Register notice of the

determination.

''(2) No later than 6 days after publication in the Federal

Register of the notice described in paragraph (1), the Secretary

shall decide whether to recommend the imposition of a temporary

duty to the President, and if the Secretary decides to make such

a recommendation, the recommendation shall be forwarded

immediately to the President.

''(3) In determining whether to recommend the imposition of a

temporary duty to the President under paragraph (1), the

Secretary shall consider whether the conditions in subparagraphs

(A) and (B) of such paragraph have led to a distortion in trade

between the United States and Canada of the fresh fruit or

vegetable and, if so, whether the imposition of the duty is

appropriate, including consideration of whether it would

significantly correct this distortion.

''(4) Not later than 7 days after receipt of a recommendation

of the Secretary under paragraph (1), the President, after taking

into account the national economic interests of the United

States, shall determine whether to impose a temporary duty on the

Canadian fresh fruit or vegetable concerned. If the

determination is affirmative, the President shall proclaim the

imposition and the rate of the temporary duty, but such duty

shall not apply to the entry of articles that were in transit to

the United States on the first day on which the temporary duty is

in effect.

''(5) A temporary duty imposed under paragraph (4) shall cease

to apply with respect to articles that are entered on or after

the earlier of -

''(A) the day following the last of 5 consecutive working

days with respect to which the Secretary determines that the

point of shipment price in Canada for the Canadian fruit or

vegetable concerned exceeds 90 percent of the corresponding

5-year average monthly import price; or

''(B) the 180th day after the date on which the temporary

duty first took effect.

''(6) No temporary duty may be imposed under this subsection on

a Canadian fresh fruit or vegetable during such time as import

relief is provided with respect to such fresh fruit or vegetable

under chapter 1 of title II of the Trade Act of 1974 (19 U.S.C.

2251 et seq.).

''(7) For purposes of this subsection:

''(A) The term 'Canadian fresh fruit or vegetable' means any

article originating in Canada (as determined in accordance with

section 202) and classified within any of the following

headings of the Harmonized System:

''(i) 07.01 (relating to potatoes, fresh or chilled);

''(ii) 07.02 (relating to tomatoes, fresh or chilled);

''(iii) 07.03 (relating to onions, shallots, garlic, leeks

and other alliaceous vegetables, fresh or chilled);

''(iv) 07.04 (relating to cabbages, cauliflowers, kohlrabi,

kale and similar edible brassicas, fresh or chilled);

''(v) 07.05 (relating to lettuce (lactuca sativa) and

chicory (cichorium spp.), fresh or chilled);

''(vi) 07.06 (relating to carrots, salad beets or beetroot,

salsify, celeriac, radishes and similar edible roots

(excluding turnips), fresh or chilled);

''(vii) 07.07 (relating to cucumbers and gherkins, fresh or

chilled);

''(viii) 07.08 (relating to leguminous vegetables, shelled

or unshelled, fresh or chilled);

''(ix) 07.09 (relating to other vegetables (excluding

truffles), fresh or chilled);

''(x) 08.06.10 (relating to grapes, fresh);

''(xi) 08.08.20 (relating to pears and quinces, fresh);

''(xii) 08.09 (relating to apricots, cherries, peaches

(including nectarines), plums and sloes, fresh); and

''(xiii) 08.10 (relating to other fruit (excluding

cranberries and blueberries), fresh).

''(B) The term 'corresponding 5-year average monthly import

price' for a particular day means the average import price of a

Canadian fresh fruit or vegetable, for the calendar month in

which that day occurs, for that month in each of the preceding

5 years, excluding the years with the highest and lowest

monthly averages.

''(C) The term 'import price' has the meaning given such term

in article 711 of the Agreement.

''(D) The rate of a temporary duty imposed under this

subsection with respect to a Canadian fresh fruit or vegetable

means a rate that, including the rate of any other duty in

effect for such fruit or vegetable, does not exceed the lesser

of -

''(i) the duty that was in effect for the fresh fruit or

vegetable before January 1, 1989, under column one of the

Tariff Schedules of the United States for the applicable

season in which the temporary duty is applied; or

''(ii) the duty in effect for the fresh fruit or vegetable

under column one of such Schedules, or column 1 (General) of

the Harmonized System, at the time the temporary duty is

applied.

''(8)(A) The Secretary shall, to the extent practicable,

administer the provisions of this subsection to the 8-digit level

of classification under the Harmonized System.

''(B) The Secretary may issue such regulations as may be

necessary to implement the provisions of this subsection.

''(9) For purposes of assisting the Secretary in carrying out

this subsection -

''(A) the Commissioner of Customs and the Director of the

Bureau of Census shall cooperate in providing the Secretary

with timely information and data relating to the importation of

Canadian fresh fruits and vegetables, and

''(B) importers shall report such information relating to

Canadian fresh fruits and vegetables to the Commissioner of

Customs at such time and in such manner as the Commissioner

requires.

''(10) The authority to impose temporary duties under this

subsection expires on the 20th anniversary of the date on which

the Agreement enters into force.

''(b) Meat Import Act of 1979. - (Amended section 2 of Pub. L.

88-482, set out as a note under section 2253 of this title.)

''(c) Agricultural Adjustment Act. - (Amended section 624 of

Title 7, Agriculture.)

''(d) Importation of Animal Vaccines. - (Amended section 152 of

Title 21, Food and Drugs.)

''(e) Importation of Seeds. - (Amended section 1582 of Title 7,

Agriculture.)

''(f) Plant and Animal Health Regulations. -

''(1) (Amended section 150bb of Title 7.)

''(2) (Amended section 150cc of Title 7.)

''(3) (Amended sections 154 and 156 of Title 7.)

''(4) (Amended section 2803 of Title 7.)

''(5) (Amended section 1306 of this title.)

''SEC. 302. RELIEF FROM IMPORTS.

''(a) Relief From Imports of Canadian Articles. -

''(1) A petition requesting action under this section for the

purpose of adjusting to the obligations of the United States

under the Agreement may be filed with the United States

International Trade Commission (hereafter in this section

referred to as the 'Commission') by an entity, including a trade

association, firm, certified or recognized union, or group of

workers, which is representative of an industry. The Commission

shall transmit a copy of any petition filed under this paragraph

to the United States Trade Representative.

''(2)(A) Upon the filing of a petition under paragraph (1), the

Commission shall promptly initiate an investigation to determine

whether, as a result of a reduction or elimination of a duty

provided for under the United States-Canada Free-Trade Agreement,

an article originating in Canada is being imported into the

United States in such increased quantities, in absolute terms,

and under such conditions, so that imports of such Canadian

article, alone, constitute a substantial cause of serious injury

to the domestic industry producing an article like, or directly

competitive with, the imported article.

''(B) The provisions of -

''(i) paragraphs (2), (3), (4), (6), and (7) of subsection

(b), other than paragraph (2)(B), and

''(ii) subsection (c),

of section 201 of the Trade Act of 1974 (19 U.S.C. 2251), as in

effect on June 1, 1988, shall apply with respect to any

investigation initiated under subparagraph (A).

''(C) By no later than the date that is 120 days after the date

on which an investigation is initiated under subparagraph (A),

the Commission shall make a determination under subparagraph (A)

with respect to such investigation.

''(D) If the determination made by the Commission under

subparagraph (A) with respect to imports of an article is

affirmative, the Commission shall find and recommend to the

President the amount of import relief that is necessary to remedy

the injury found by the Commission in such affirmative

determination, which shall be limited to that set forth in

paragraph (3)(C).

''(E)(i) By no later than the date that is 30 days after the

date on which a determination is made under subparagraph (A) with

respect to an investigation, the Commission shall submit to the

President a report on the determination and the basis for the

determination. The report shall include any dissenting or

separate views and a transcript of the hearings and any briefs

which were submitted to the Commission in the course of the

investigation initiated under subparagraph (A).

''(ii) Any finding made under subparagraph (D) shall be

included in the report submitted to the President under clause

(i).

''(F) Upon submitting a report to the President under

subparagraph (E), the Commission shall promptly make public such

report (with the exception of information which the Commission

determines to be confidential) and shall cause a summary thereof

to be published in the Federal Register.

''(G) For purposes of this subsection -

''(i) The provisions of paragraphs (1), (2), and (3) of

section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d))

shall be applied with respect to determinations and findings

made under this paragraph as if such determinations and

findings were made under section 201 of the Trade Act of 1974

(19 U.S.C. 2251).

''(ii) The determination of whether an article originates in

Canada shall be made in accordance with section 202 (including

any proclamations issued under section 202).

''(3)(A) By no later than the date that is 30 days after the

date on which the President receives the report of the Commission

containing an affirmative determination made by the Commission

under paragraph (2)(A), the President shall provide relief from

imports of the article originating in Canada that is the subject

of such determination to the extent that, and for such time (not

to exceed 3 years) as the President determines to be necessary to

remedy the injury found by the Commission.

''(B) The President is not required to provide import relief by

reason of this paragraph if the President determines that the

provision of such import relief is not in the national economic

interest.

''(C) The import relief that the President is authorized to

provide by reason of this paragraph with respect to an article

originating in Canada is limited to -

''(i) the suspension of any further reductions provided for

under the Agreement in the duty imposed on such article

originating in Canada,

''(ii) an increase in the rate of duty imposed on such

article originating in Canada to a level that does not exceed

the lesser of -

''(I) the general subcolumn of the column 1 rate of duty

set forth in the Harmonized Tariff Schedule of the United

States that is imposed by the United States on such article

from any other foreign country at the time such import relief

is provided, or

''(II) the general subcolumn of the column 1 rate of duty

set forth in the Harmonized Tariff Schedule of the United

States that is imposed by the United States on such article

from any other foreign country on the day before the date on

which the Agreement enters into force (Jan. 1, 1989), or

''(iii) in the case of a duty applied on a seasonal basis to

such article originating in Canada, an increase in the rate of

duty imposed on such article originating in Canada to a level

that does not exceed the general subcolumn of the column 1 rate

of duty set forth in the Harmonized Tariff Schedule of the

United States imposed by the United States on such article

originating in Canada for the corresponding season immediately

prior to the date on which the Agreement enters into force.

''(4)(A) No investigation may be initiated under paragraph

(2)(A) with respect to any article for which import relief has

been provided under this subsection.

''(B) No import relief may be provided under this subsection

after the date that is 10 years after the date on which the

Agreement enters into force (Jan. 1, 1989).

''(5) For purposes of section 123 of the Trade Act of 1974 (19

U.S.C. 2133), any import relief provided by the President under

paragraph (3) shall be treated as action taken under chapter I

(1) of title II of such Act (19 U.S.C. 2251 et seq.).

''(b) Relief From Imports From All Countries. -

''(1)(A) If, in any investigation initiated under chapter 1 of

title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.), the

Commission makes an affirmative determination (or a determination

which is treated as an affirmative determination under such

chapter by reason of section 330(d) of the Tariff Act of 1930 (19

U.S.C. 1330(d))) that an article is being imported into the

United States in such increased quantities as to be a substantial

cause of serious injury, or the threat thereof, to the domestic

industry, the Commission shall also find (and report to the

President at the time such injury determination is submitted to

the President), whether imports from Canada of the article that

is the subject of such investigation are substantial and are

contributing importantly to such injury or threat thereof.

''(B)(i) In determining under subparagraph (A) whether imports

of an article from Canada are substantial, the Commission shall

not normally consider imports from Canada in the range of 5 to 10

percent or less of total imports of such article to be

substantial.

''(ii) For purposes of this paragraph, the term 'contributing

importantly' means an important cause, but not necessarily the

most important cause, of the serious injury or threat thereof

caused by imports.

''(2)(A) In determining whether to take action under chapter 1

of title II of the Trade Act of 1974 with respect to imports from

Canada, the President shall determine whether imports from Canada

of such article are substantial and contributing importantly to

the serious injury or threat of serious injury found by the

Commission.

''(B) In determining the nature and extent of action to be

taken under chapter 1 of title II of the Trade Act of 1974, the

President shall exclude from such action imports from Canada if

the President has made a negative determination under

subparagraph (A) regarding imports from Canada.

''(3)(A) If, under paragraph (2)(B), the President excludes

imports from Canada from action taken under chapter 1 of title II

of the Trade Act of 1974, the President may, if the President

thereafter determines that a surge in imports from Canada of the

article that is the subject of the action is undermining the

effectiveness of the action, take appropriate action under such

chapter with respect to such imports from Canada to include such

imports in such action.

''(B)(i) If, under paragraph (2)(B), the President excludes

imports from Canada from action taken under chapter 1 of title II

of the Trade Act of 1974, any entity, including a trade

association, firm, certified or recognized union, or group of

workers, that is representative of an industry for which such

action is being taken under such chapter may request the

Commission to conduct an investigation of imports from Canada of

the article that is the subject of such action.

''(ii) Upon receiving a request under clause (i), the

Commission shall conduct an investigation to determine whether a

surge in imports from Canada of the article that is the subject

of action being taken under chapter 1 of title II of the Trade

Act of 1974 undermines the effectiveness of such action. The

Commission shall submit the findings of such investigation to the

President by no later than the date that is 30 days after the

date on which such request is received by the Commission.

''(C) For purposes of this paragraph, the term 'surge' means a

significant increase in imports over the trend for a reasonable,

recent base period for which data are available.

''(c) Any entity that is representative of an industry may submit

a petition for relief under subsection (a), under chapter 1 of

title II of the Trade Act of 1974, or under both subsection (a) and

such chapter at the same time. If petitions are submitted by such

an entity under subsection (a) and such chapter at the same time,

the Commission shall consider such petitions jointly.

''SEC. 303. ACTS IDENTIFIED IN NATIONAL TRADE ESTIMATES.

''With respect to any act, policy, or practice of Canada that is

identified in the annual report submitted under section 181 of the

Trade Act of 1974 (19 U.S.C. 2241), the United States Trade

Representative shall include -

''(1) information with respect to the action taken regarding

such act, policy, or practice, including but not limited to -

''(A) any action under section 301 of the Trade Act of 1974

(19 U.S.C. 2411) (including resolution through appropriate

dispute settlement procedures),

''(B) any action under section 307 of the Trade and Tariff

Act of 1984 (section 307 of Pub. L. 98-573, enacting section

2114d of this title and amending this section), and

''(C) negotiations or consultations, whether on a bilateral

or multilateral basis; or

''(2) the reasons that no action was taken regarding such act,

policy, or practice.

''SEC. 304. NEGOTIATIONS REGARDING CERTAIN SECTORS; BIENNIAL

REPORTS.

''(a) In General. -

''(1) The President is authorized to enter into negotiations

with the Government of Canada for the purpose of concluding an

agreement (including an agreement amending the Agreement) or

agreements to -

''(A) liberalize trade in services in accordance with article

1405 of the Agreement;

''(B) liberalize investment rules;

''(C) improve the protection of intellectual property rights;

''(D) increase the value requirement applied for purposes of

determining whether an automotive product is treated as

originating in Canada or the United States; and

''(E) liberalize government procurement practices,

particularly with regard to telecommunications.

''(2) As an exercise of the foreign relations powers of the

President under the Constitution, the President will enter into

immediate consultations with the Government of Canada to obtain

the exclusion from the transport rates established under Canada's

Western Grain Transportation Act of agricultural goods that

originate in Canada and are shipped via east coast ports for

consumption in the United States.

''(b) Negotiating Objectives Regarding Services, Investment, and

Intellectual Property Rights. -

''(1) The objectives of the United States in negotiations

conducted under subsection (a)(1)(A) to liberalize trade in

services include -

''(A) with respect to developing services sectors not covered

in the Agreement, the elimination of those tariff, nontariff,

and subsidy trade distortions that have potential to affect

significant bilateral trade;

''(B) the elimination or reduction of measures grandfathered

by the Agreement that deny or restrict national treatment in

the provision of services;

''(C) the elimination of local presence requirements; and

''(D) the liberalization of government procurement of

services.

In conducting such negotiations, the President shall consult with

the services advisory committees established under section 135 of

the Trade Act of 1974 (19 U.S.C. 2155).

''(2) The objectives of the United States in any negotiations

conducted under subsection (a)(1)(B) to liberalize investment

rules include -

''(A) the elimination of direct investment screening;

''(B) the extension of the principles of the Agreement to

energy and cultural industries, to the extent such industries

are not currently covered by the Agreement;

''(C) the elimination of technology transfer requirements and

other performance requirements not currently barred by the

Agreement; and

''(D) the subjection of all investment disputes to dispute

resolution under chapter 18 of the Agreement.

In conducting such negotiations, the President shall consult with

persons representing diverse interests in the United States in

investment.

''(3) The objectives of the United States in any negotiations

conducted under subsection (a)(1)(C) to improve the protection of

intellectual property rights include -

''(A) the recognition and adequate protection of intellectual

property, including copyrights, patents, process patents,

trademarks, mask works, and trade secrets; and

''(B) the establishment of dispute resolution procedures and

binational enforcement of intellectual property standards.

In conducting such negotiations, the President shall consult with

persons representing diverse interests in the United States in

intellectual property.

''(c) Negotiating Objectives Regarding Automotive Products. -

''(1) In conducting negotiations under subsection (a)(1)(D)

regarding the value requirement for automotive products, the

President shall seek to conclude an agreement by no later than

January 1, 1990, to increase the value requirement from 50

percent to at least 60 percent.

''(2) The President is authorized, through January 1, 1999, to

proclaim any agreed increase in the value requirement.

''(3) As used in this section, the term 'value requirement'

means the minimum percentage of the value of an automotive

product that must be accounted for by the value of the materials

in the product that originated in the United States or Canada, or

both, plus the direct cost of processing or assembly performed in

the United States or Canada, or both, with respect to the

product.

''(d) Negotiation of Limitation on Potato Trade. -

''(1) During the 5-year period beginning on the date of

enactment of this Act (Sept. 28, 1988), the President is

authorized to enter into negotiations with Canada for the purpose

of obtaining an agreement to limit the exportation and

importation of all potatoes between the United States and Canada,

including seed potatoes, fresh, chilled or frozen potatoes,

dried, desiccated or dehydrated potatoes, and potatoes otherwise

prepared or preserved. Any agreement negotiated under this

subsection shall provide for an annual limitation divided equally

into each half of the year.

''(2) For the purpose of conducting negotiations under

paragraph (1), the Secretary of Agriculture and the United States

Trade Representative shall consult with representatives of the

potato producing industry, including the Ad Hoc Potato Advisory

Group and the United States/Canada Horticultural Industry

Advisory Committee, to solicit their views on negotiations with

Canada for reciprocal quantitative limits on the potato trade.

''(3) The President is authorized to direct the Secretary of

the Treasury to -

''(A) carry out such actions as may be necessary or

appropriate to ensure the attainment of the objectives of any

agreement that is entered into under this section; and

''(B) enforce any quantitative limitation, restriction, and

other terms contained in the agreement.

Such actions may include, but are not limited to, requirements

that valid export licenses or other documentation issued by a

foreign government be presented as a condition for the entry into

the United States of any article that is subject to the

agreement.

''(4) The provisions of section 1204 of the Agriculture and

Food Act of 1981 (7 U.S.C. 1736j) and the last sentence of

section 812 of the Agricultural Act of 1970 (7 U.S.C. 612c-3)

shall not apply in the case of actions taken pursuant to this

subsection.

''(e) Canadian Controls on Fish. -

''(1) Within 30 days of the application by Canada of export

controls on unprocessed fish under statutes exempted from the

Agreement under article 1203, or the application of landing

requirements for fish caught in Canadian waters, the President

shall take appropriate action to enforce United States rights

under the General Agreement on Tariffs and Trade that are

retained in article 1205 of the Agreement.

''(2) In enforcing the United States rights referred to in

paragraph (1), the President has discretion to -

''(A) bring a challenge to the offending Canadian practices

before the GATT;

''(B) retaliate against such offending practices;

''(C) seek resolution directly with Canada;

''(D) refer the matter for dispute resolution to the

Canada-United States Trade Commission; or

''(E) take other action that the President considers

appropriate to enforce such United States rights.

''(f) Biennial Report. - The President shall submit to the

Congress, at the close of each biennial period occurring after the

date on which the Agreement enters into force (Jan. 1, 1989), a

report regarding -

''(1) the status of the negotiations regarding agreements that

the President is authorized to enter into with Canada under this

section;

''(2) the effectiveness and operation of any agreement entered

into under section 304 that is in force with respect to the

United States;

''(3) the effectiveness of operation of the Agreement

generally; and

''(4) the actions taken by the United States and Canada to

implement further the objectives of the Agreement.

''SEC. 305. ENERGY.

''(a) Alaskan Oil. - (Amended section 2406 of the Appendix to

Title 50, War and National Defense.)

''(b) Uranium. - (Amended section 2201 of Title 42, The Public

Health and Welfare.)

''SEC. 306. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER

TRADE AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN CANADIAN

PRODUCTS.

(Amended section 2518 of this title.)

''SEC. 307. TEMPORARY ENTRY FOR BUSINESS PERSONS.

''(a) Nonimmigrant Traders and Investors. - Upon a basis of

reciprocity secured by the United States-Canada Free-Trade

Agreement, a citizen of Canada, and the spouse and children of any

such citizen if accompanying or following to join such citizen,

may, if otherwise eligible for a visa and if otherwise admissible

into the United States under the Immigration and Nationality Act (8

U.S.C. 1101 et seq.), be considered to be classifiable as a

nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C.

1101(a)(15)(E)) if entering solely for a purpose specified in Annex

1502.1 (United States of America), Part B - Traders and Investors,

of such Agreement, but only if any such purpose shall have been

specified in such Annex as of the date of entry into force of such

Agreement (Jan. 1, 1989).

''(b) Nonimmigrant Professionals. - (Amended section 1184 of

Title 8, Aliens and Nationality.)

''SEC. 308. AMENDMENT TO SECTION 5136 OF THE REVISED STATUTES.

(Amended section 24 of Title 12, Banks and Banking.)

''SEC. 309. STEEL PRODUCTS.

''Nothing in this Act shall preclude any discussion or

negotiation between the United States and Canada in order to

conclude voluntary restraint agreements or mutually agreed

quantitative restrictions on the volume of steel products entering

the United States from Canada.

''TITLE IV - BINATIONAL PANEL DISPUTE SETTLEMENT IN ANTIDUMPING AND

COUNTERVAILING DUTY CASES.

''SEC. 401. AMENDMENTS TO SECTION 516A OF THE TARIFF ACT OF 1930.

(Amended section 1516a of this title.)

''SEC. 402. AMENDMENTS TO TITLE 28, UNITED STATES CODE.

''(a) Jurisdiction of Court of International Trade. - (Amended

section 1581 of Title 28, Judiciary and Judicial Procedure.)

''(b) Relief in Court of International Trade. - (Amended section

2643 of Title 28.)

''(c) Declaratory Judgments. - (Amended section 2201 of Title

28.)

''(d) Actions Under the Agreement. - (Enacted section 1584 of

Title 28.)

''SEC. 403. CONFORMING AMENDMENTS TO THE TARIFF ACT OF 1930.

(Amended sections 1502, 1514, 1677, and 1677f of this title.)

''SEC. 404. AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAW.

''Any amendment enacted after the Agreement enters into force

with respect to the United States (Jan. 1, 1989) that is made to -

''(1) section 303 (19 U.S.C. 1303) or title VII of the Tariff

Act of 1930 (19 U.S.C. 1671 et seq.), or any successor statute,

or

''(2) any other statute which -

''(A) provides for judicial review of final determinations

under such section, title, or statute, or

''(B) indicates the standard of review to be applied,

shall apply to Canada only to the extent specified in such

amendment.

''SEC. 405. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS REGARDING

THE IMPLEMENTATION OF CHAPTERS 18 AND 19 OF THE AGREEMENT.

''(a) Appointment of Individuals to Panels and Committees. -

''(1)(A) There is established within the interagency

organization established under section 242 of the Trade Expansion

Act of 1962 (19 U.S.C. 1872) an interagency group which shall -

''(i) be chaired by the United States Trade Representative

(hereafter in this section referred to as the 'Trade

Representative'), and

''(ii) consist of such officers (or the designees thereof) of

the Government of the United States as the Trade Representative

considers appropriate.

''(B) The interagency group established under subparagraph (A)

shall, in a manner consistent with chapter 19 of the Agreement -

''(i) prepare by January 3 of each calendar year -

''(I) a list of individuals who are qualified to serve as

members of binational panels convened under chapter 19 of the

Agreement, and

''(II) a list of individuals who are qualified to serve on

extraordinary challenge committees convened under such

chapter,

''(ii) if the Trade Representative makes a request under

paragraph (5)(A)(i) with respect to a final candidate list

during any calendar year, prepare by July 1 of such calendar

year a list of those individuals who are qualified to be added

to that final candidate list,

''(iii) exercise oversight of the administration of the

United States Secretariat that is authorized to be established

under subsection (e), and

''(iv) make recommendations to the Trade Representative

regarding the convening of extraordinary challenge committees

under chapter 19 of the Agreement.

''(2)(A) The Trade Representative shall select individuals from

the respective lists prepared by the interagency group under

paragraph (1)(B)(i) for placement on a preliminary candidate list

of individuals eligible to serve as members of binational panels

under Annex 1901.2 of the Agreement and a preliminary candidate

list of individuals eligible for selection as members of

extraordinary challenge committees under Annex 1904.13 of the

Agreement.

''(B) The selection of individuals for -

''(i) placement on lists prepared by the interagency group

under clause (i) or (ii) of paragraph (1)(B),

''(ii) placement on preliminary candidate lists under

subparagraph (A),

''(iii) placement on final candidate lists under paragraph

(3),

''(iv) placement by the Trade Representative on the rosters

described in Annex 1901.2(1) and Annex 1904.13(1) of the

Agreement, and

''(v) appointment by the Trade Representative for service on

binational panels and extraordinary challenge committees

convened under chapter 19 of the Agreement,

shall be made on the basis of the criteria provided in Annex

1901.2(1) and Annex 1904.13(1) of the Agreement and shall be made

without regard to political affiliation.

''(C) For purposes of applying section 1001 of title 18, United

States Code, the written or oral responses of individuals to

inquiries of the interagency group established under paragraph

(1) or the Trade Representative regarding their personal and

professional qualifications, and financial and other relevant

interests, that bear on their suitability for the placements and

appointments described in subparagraph (B), shall be treated as

matters within the jurisdiction of an agency of the United

States.

''(3)(A) By no later than January 3 of each calendar year, the

Trade Representative shall submit to the Committee on Finance of

the Senate and the Committee on Ways and Means of the House of

Representatives (hereafter in this section referred to as the

'appropriate Congressional Committees') the preliminary candidate

lists of those individuals selected by the Trade Representative

under paragraph (2)(A) to be candidates eligible to serve on

binational panels or extraordinary challenge committees convened

pursuant to chapter 19 of the Agreement during the 1-year period

beginning on April 1 of such calendar year.

''(B) Upon submission of the preliminary candidate lists under

subparagraph (A) to the appropriate Congressional Committees, the

Trade Representative shall consult with the appropriate

Congressional Committees with regard to the individuals listed on

the preliminary candidate lists.

''(C) The Trade Representative may add or delete individuals

from the preliminary candidate lists submitted under subparagraph

(A) after consulting the appropriate Congressional Committees

with regard to such addition or deletion. The Trade

Representative shall provide to the appropriate Congressional

Committees written notice of any addition or deletion of an

individual from the preliminary candidate lists.

''(4)(A) By no later than March 31 of each calendar year, the

Trade Representative shall submit to the appropriate

Congressional Committees the final candidate lists of those

individuals selected by the Trade Representative to be candidates

eligible to serve on binational panels and extraordinary

challenge committees convened pursuant to chapter 19 of the

Agreement during the 1-year period beginning on April 1 of such

calendar year. An individual may be included on a final

candidate list only if written notice of the addition of such

individual to the preliminary candidate list was submitted to the

appropriate Congressional Committees at least 15 days before the

date on which that final candidate list is submitted to the

appropriate Congressional Committees under this subparagraph.

''(B) Except as provided in paragraph (5), no additions may be

made to the final candidate lists after the final candidate lists

are submitted to the appropriate Congressional Committees under

subparagraph (A).

''(5)(A) If, after the Trade Representative has submitted the

final candidate lists to the appropriate Congressional Committees

under paragraph (4)(A) for a calendar year and before July 1 of

such calendar year, the Trade Representative determines that

additional individuals need to be added to a final candidate

list, the Trade Representative shall -

''(i) request the interagency group established under

paragraph (1)(A) to prepare a list of individuals who are

qualified to be added to such candidate list,

''(ii) select individuals from the list prepared by the

interagency group under paragraph (1)(B)(ii) to be included in

a proposed amendment to such final candidate list, and

''(iii) by no later than July 1 of such calendar year, submit

to the appropriate Congressional Committees the proposed

amendments to such final candidate list developed by the Trade

Representative under clause (ii).

''(B) Upon submission of a proposed amendment under

subparagraph (A)(iii) to the appropriate Congressional

Committees, the Trade Representative shall consult with the

appropriate Congressional Committees with regard to the

individuals included in the proposed amendment.

''(C) The Trade Representative may add or delete individuals

from any proposed amendment submitted under subparagraph (A)(iii)

after consulting the appropriate Congressional Committees with

regard to such addition or deletion. The Trade Representative

shall provide to the appropriate Congressional Committees written

notice of any addition or deletion of an individual from the

proposed amendment.

''(D)(i) If the Trade Representative submits under subparagraph

(A)(iii) in any calendar year a proposed amendment to a final

candidate list, the Trade Representative shall, by no later than

September 30 of such calendar year, submit to the appropriate

Congressional Committees the final form of such amendment. On

October 1 of such calendar year, such amendment shall take effect

and the individuals included in the final form of such amendment

shall be added to the final candidate list.

''(ii) An individual may be included in the final form of an

amendment submitted under clause (i) only if written notice of

the addition of such individual to the proposed form of such

amendment was submitted to the appropriate Congressional

Committees at least 15 days before the date on which the final

form of such amendment is submitted under clause (i).

''(iii) Individuals added to a final candidate list under

clause (i) shall be eligible to serve on binational panels or

extraordinary challenge committees convened pursuant to chapter

19 of the Agreement, as the case may be, during the 6-month

period beginning on October 1 of the calendar year in which such

addition occurs.

''(iv) No additions may be made to the final form of an

amendment described in clause (i) after the final form of such

amendment is submitted to the appropriate Congressional

Committees under clause (i).

''(6)(A) The Trade Representative is the only officer of the

Government of the United States authorized to act on behalf of

the Government of the United States in making any selection or

appointment of an individual to -

''(i) the rosters described in Annex 1901.2(1) and Annex

1904.13(1) of the Agreement, or

''(ii) the binational panels or extraordinary challenge

committees convened pursuant to chapter 19 of the Agreement,

that is to be made solely or jointly by the Government of the

United States under the terms of the Agreement.

''(B) Except as otherwise provided in paragraph (7)(B), the

Trade Representative may -

''(i) select an individual for placement on the rosters

described in Annex 1901.2(1) and Annex 1904.13(1) of the

Agreement during the 1-year period beginning on April 1 of any

calendar year,

''(ii) appoint an individual to serve as one of those members

of any binational panel or extraordinary challenge committee

convened pursuant to chapter 19 of the Agreement during such

1-year period who, under the terms of the Agreement, are to be

appointed solely by the Government of the United States, or

''(iii) act to make a joint appointment with the Government

of Canada, under the terms of the Agreement, of any individual

who is a citizen or national of the United States to serve as

any other member of such a panel or committee,

only if such individual is on the appropriate final candidate

list that was submitted to the appropriate Congressional

Committees under paragraph (4)(A) during such calendar year or on

such list as it may be amended under paragraph (5)(D)(i).

''(7)(A) Except as otherwise provided in this paragraph, no

individual may -

''(i) be selected by the Government of the United States for

placement on the rosters described in Annex 1901.2(1) and Annex

1904.13(1) of the Agreement, or

''(ii) be appointed solely or jointly by the Government of

the United States to serve as a member of a binational panel or

extraordinary challenge committee convened pursuant to chapter

19 of the Agreement,

during the 1-year period beginning on April 1 of any calendar

year for which the Trade Representative has not met the

requirements of this subsection.

''(B)(i) Notwithstanding paragraphs (3), (4), or (6)(B) (other

than paragraph (3)(A)), individuals listed on the preliminary

candidate lists submitted to the appropriate Congressional

Committees under paragraph (3)(A) may -

''(I) be selected by the Trade Representative for placement

on the rosters described in Annex 1901.2(1) and Annex

1904.13(1) of the Agreement during the 3-month period beginning

on the date on which the Agreement enters into force, and

''(II) be appointed solely or jointly by the Trade

Representative under the terms of the Agreement to serve as

members of binational panels or extraordinary challenge

committees that are convened pursuant to chapter 19 of the

Agreement during such 3-month period.

''(ii) If the Agreement enters into force after January 3,

1989, the provisions of this subsection shall be applied with

respect to the calendar year in which the Agreement enters into

force -

''(I) by substituting 'the date that is 30 days after the

date on which the Agreement enters into force' for 'January 3

of each calendar year' in paragraphs (1)(B)(i) and (3)(A), and

''(II) by substituting 'the date that is 3 months after the

date on which the Agreement enters into force' for 'March 31 of

each calendar year' in paragraph (4)(A).

''(b) Status of Panelists. - Notwithstanding any other provision

of law, individuals appointed by the United States to serve on

panels or committees convened pursuant to chapter 19 of the

Agreement, and individuals designated to assist such appointed

individuals, shall not be considered to be employees or special

employees of, or to be otherwise affiliated with, the Government of

the United States.

''(c) Immunity of Panelists. - With the exception of acts

described in section 777f(d)(3) (777(d)(3)) of the Tariff Act of

1930, as added by this Act (19 U.S.C. 1677f(d)(3)), individuals

serving on panels or committees convened pursuant to chapter 19 of

the Agreement, and individuals designated to assist the individuals

serving on such panels or committees, shall be immune from suit and

legal process relating to acts performed by such individuals in

their official capacity and within the scope of their functions as

such panelists or committee members or assistants to such panelists

or committee members.

''(d) Regulations. - The administering authority under title VII

of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the United

States International Trade Commission, and the United States Trade

Representative may promulgate such regulations as are necessary or

appropriate to carry out actions in order to implement their

respective responsibilities under chapters 18 and 19 of the

Agreement. Initial regulations to carry out such functions shall be

issued prior to the date of entry into force of the Agreement (Jan.

1, 1989).

''(e) Establishment of United States Secretariat. -

''(1) The President is authorized to establish within any

department or agency of the Federal Government a United States

Secretariat which, subject to the oversight of the interagency

group established under subsection (a)(1)(A), shall facilitate -

''(A) the operation of chapters 18 and 19 of the Agreement,

and

''(B) the work of the binational panels and extraordinary

challenge committees convened under chapters 18 and 19 of the

Agreement.

''(2) The United States Secretariat established by the

President under paragraph (1) shall not be considered to be an

agency for purposes of section 552 of title 5, United States

Code.

''SEC. 406. AUTHORIZATION OF APPROPRIATIONS FOR THE SECRETARIAT,

THE PANELS, AND THE COMMITTEES.

''(a) The Secretariat. - There are authorized to be appropriated

to the department or agency within which the United States

Secretariat described in chapter 19 of the Agreement is established

the lesser of -

''(1) such sums as may be necessary, or

''(2) $5,000,000,

for each fiscal year succeeding fiscal year 1988 for the

establishment and operations of such United States Secretariat and

for the payment of the United States share of the expenses of the

dispute settlement proceedings under chapter 18 of the Agreement.

''(b) Panels and Committees. -

''(1) There are authorized to be appropriated to the Office of

the United States Trade Representative for fiscal year 1990,

$1,492,000 to pay during such fiscal year the United States share

of the expenses of binational panels and extraordinary challenge

committees convened pursuant to chapter 19 of the Agreement.

''(2) The United States Trade Representative is authorized to

transfer to any department or agency of the United States, from

sums appropriated pursuant to the authorization provided under

paragraph (1) or section 141(g)(1) of the Trade Act of 1974 (19

U.S.C. 2171(g)(1)), such funds as may be necessary to facilitate

the payment of the expenses described in paragraph (1).

''(3) Funds appropriated for the payment of expenses described

in paragraph (1) during any fiscal year may be expended only to

the extent such funds do not exceed the amount authorized to be

appropriated under paragraph (1) for such fiscal year. This

paragraph shall apply, notwithstanding any law enacted after the

date of enactment of this Act (Sept. 28, 1988), unless such

subsequent law specifically provides that this paragraph shall

not apply and specifically cites this paragraph.

''(4) If the Canadian Secretariat described in chapter 19 of

the Agreement provides funds during any fiscal year for the

purpose of paying, in accordance with Annex 1901.2 of the

Agreement, the Canadian share of the expenses of binational

panels, the United States Secretariat established under section

405(e)(1) may hereafter retain and use such funds for such

purposes.

''SEC. 407. TESTIMONY AND PRODUCTION OF PAPERS IN EXTRAORDINARY

CHALLENGES.

''(a) Authority of Extraordinary Challenge Committee To Obtain

Information. - If an extraordinary challenge committee (hereinafter

referred to in this section as the 'committee') is convened

pursuant to article 1904(13) of the Agreement, and the allegations

before the committee include a matter referred to in article

1904(13)(a)(i) of the Agreement, for the purposes of carrying out

its functions and duties under Annex 1904.13 of the Agreement, the

committee -

''(1) shall have access to, and the right to copy, any

document, paper, or record pertinent to the subject matter under

consideration, in the possession of any individual, partnership,

corporation, association, organization, or other entity,

''(2) may summon witnesses, take testimony, and administer

oaths,

''(3) may require any individual, partnership, corporation,

association, organization, or other entity to produce documents,

books, or records relating to the matter in question, and

''(4) may require any individual, partnership, corporation,

association, organization, or other entity to furnish in writing,

in such detail and in such form as the committee may prescribe,

information in its possession pertaining to the matter.

Any member of the committee may sign subpoenas, and members of the

committee, when authorized by the committee, may administer oaths

and affirmations, examine witnesses, take testimony, and receive

evidence.

''(b) Witnesses and Evidence. - The attendance of witnesses who

are authorized to be summoned, and the production of documentary

evidence authorized to be ordered, under subsection (a) may be

required from any place in the United States at any designated

place of hearing. In the case of disobedience to a subpoena

authorized under subsection (a), the committee may request the

Attorney General of the United States to invoke the aid of any

district or territorial court of the United States in requiring the

attendance and testimony of witnesses and the production of

documentary evidence. Such court, within the jurisdiction of which

such inquiry is carried on, may, in case of contumacy or refusal to

obey a subpoena issued to any individual, partnership, corporation,

association, organization, or other entity, issue an order

requiring such individual or entity to appear before the committee,

or to produce documentary evidence if so ordered or to give

evidence concerning the matter in question. Any failure to obey

such order of the court may be punished by such court as a contempt

thereof.

''(c) Mandamus. - Any court referred to in subsection (b) shall

have jurisdiction to issue writs of mandamus commanding compliance

with the provisions of this section or any order of the committee

made in pursuance thereof.

''(d) Depositions. - The committee may order testimony to be

taken by deposition at any stage of the committee review. Such

deposition may be taken before any person designated by the

committee and having power to administer oaths. Such testimony

shall be reduced to writing by the person taking the deposition, or

under the direction of such person, and shall then be subscribed by

the deponent. Any individual, partnership, corporation,

association, organization or other entity may be compelled to

appear and depose and to produce documentary evidence in the same

manner as witnesses may be compelled to appear and testify and

produce documentary evidence before the committee, as provided in

this section.

''SEC. 408. REQUESTS FOR REVIEW OF CANADIAN ANTIDUMPING AND

COUNTERVAILING DUTY DETERMINATIONS.

''(a) Requests for Review by the United States. - In the case of

a final antidumping or countervailing duty determination of a

competent investigating authority of Canada, as defined in article

1911 of the Agreement, requests by the United States for binational

panel review under article 1904 of the Agreement shall be made by

the United States Secretary, described in article 1909(4) of the

Agreement.

''(b) Requests for Review by a Person. - In the case of a final

antidumping or countervailing duty determination of a competent

investigating authority of Canada, as defined in article 1911 of

the Agreement, a person, within the meaning of article 1904(5) of

the Agreement, may request a binational panel review of such

determination by filing with the United States Secretary, described

in article 1909(4) of the Agreement, such a request within the time

limit provided for in article 1904(4) of the Agreement. The receipt

of such request by the United States Secretary shall be deemed to

be a request for binational panel review within the meaning of

article 1904(4) of the Agreement. Such request shall contain such

information and be in such form, manner, and style as the

administering authority shall prescribe by regulations. The

request for such panel review shall not preclude the United States,

Canada, or any other person from challenging before a binational

panel the basis for a particular request for review.

''(c) Service of Request for Review. - Whenever binational panel

review is requested under this section, the United States Secretary

shall serve a copy of the request on all persons who would

otherwise be entitled under Canadian law to commence procedures for

judicial review of a final antidumping or countervailing duty

determination made by a competent investigating authority of

Canada.

''SEC. 409. SUBSIDIES.

''(a) Negotiating Authority. -

''(1) The President is authorized to enter into an agreement

with Canada, including an agreement to amend the Agreement, on

rules applicable to trade between the United States and Canada

that -

''(A) deal with unfair pricing and government subsidization,

and

''(B) provide for increased discipline on subsidies.

''(2)(A) The objectives of the United States in negotiating an

agreement under paragraph (1) include (but are not limited to) -

''(i) achievement, on an expedited basis, of increased

discipline on government production and export subsidies that

have a significant impact, directly or indirectly, on bilateral

trade between the United States and Canada; and

''(ii) attainment of increased and more effective discipline

on those Canadian Government (including provincial) subsidies

having the most significant adverse impact on United States

producers that compete with subsidized products of Canada in

the markets of the United States and Canada.

''(B) Special emphasis should be given in negotiating an

agreement under paragraph (1) to obtain discipline on Canadian

subsidy programs that adversely affect United States industries

which directly compete with subsidized imports.

''(3) The United States members of the working group

established under article 1907 of the Agreement shall consult

regularly with the Committee on Finance of the Senate, the

Committee on Ways and Means of the House of Representatives, and

advisory committees established under section 135 of the Trade

Act of 1974 (19 U.S.C. 2155) regarding -

''(A) the issues being considered by the working group; and

''(B) as appropriate, the objectives and strategy of the

United States in the negotiations.

''(4) Notwithstanding any other provision of this Act or of any

other law, the provisions of section 151 of the Trade Act of 1974

(19 U.S.C. 2191) shall not apply to any bill or joint resolution

that implements an agreement entered into under paragraph (1),

unless the President determines and notifies the Congress that

such agreement -

''(A) will provide greater discipline over government

subsidies and no less discipline over unfair pricing practices

by producers than that provided by the agreements described in

paragraphs (5) and (6) of section 2((c)) of the Trade

Agreements Act of 1979 (19 U.S.C. 2503(c)(5), (6)) (the

Subsidies Code and Antidumping Code), respectively, taking into

account the effects of the Agreement, and

''(B) will neither undermine such multilateral discipline nor

detract from United States efforts to increase such discipline

on a multilateral basis in, or subsequent to, the Uruguay Round

of multilateral trade negotiations.

''(b) Identification of Industries Facing Subsidized Imports. -

''(1) Any entity, including a trade association, firm,

certified or recognized union, or group of workers, that is

representative of a United States industry and has reason to

believe that -

''(A)(i) as a result of implementation of provisions of the

Agreement, the industry is likely to face increased competition

from subsidized Canadian imports with which it directly

competes; or

''(ii) the industry is likely to face increased competition

from subsidized imports with which it directly competes from

any other country designated by the President, following

consultations with the Congress, as benefitting from a

reduction of tariffs or other trade barriers under a trade

agreement that enters into force after January 1, 1989; and

''(B) the industry is likely to experience a deterioration of

its competitive position before rules and disciplines relating

to the use of government subsidies have been developed with

respect to such country;

may file a petition with the United States Trade Representative

(hereafter referred to in this section as the 'Trade

Representative') to be identified under this section.

''(2) Within 90 days of receipt of a petition under paragraph

(1), the Trade Representative, in consultation with the Secretary

of Commerce, shall decide whether to identify the industry on the

basis that there is a reasonable likelihood that the industry may

face both the subsidization described in paragraph (1)(A) and the

deterioration described in paragraph (1)(B).

''(3) At the request of an entity that is representative of an

industry identified under paragraph (2), the Trade Representative

shall -

''(A) compile and make available to the industry information

under section 308 of the Trade Act of 1974 (19 U.S.C. 2418),

''(B) recommend to the President that an investigation by the

United States International Trade Commission be requested under

section 332 of the Tariff Act of 1930 (19 U.S.C. 1332), or

''(C) take actions described in both subparagraphs (A) and

(B).

The industry may request the Trade Representative to take

appropriate action to update (as often as annually) any

information obtained under subparagraph (A) or (B), or both, as

the case may be, until an agreement on adequate rules and

disciplines relating to government subsidies is reached.

''(4)(A) The Trade Representative and the Secretary of Commerce

shall review information obtained under paragraph (3) and consult

with the industry identified under paragraph (2) with a view to

deciding whether any action is appropriate under section 301 of

the Trade Act of 1974 (19 U.S.C. 2411), including the initiation

of an investigation under section 302(c) of that Act (19 U.S.C.

2412(c)) (in the case of the Trade Representative), or under

subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671

et seq.), including the initiation of an investigation under

section 702(a) of that Act (19 U.S.C. 1671a(a)) (in the case of

the Secretary of Commerce).

''(B) In determining whether to initiate any investigation

under section 301 of the Trade Act of 1974 (19 U.S.C. 2411) or

any other trade law, other than title VII of the Tariff Act of

1930 (19 U.S.C. 1671 et seq.), the Trade Representative, after

consultation with the Secretary of Commerce -

''(i) shall seek the advice of the advisory committees

established under section 135 of the Trade Act of 1974 (19

U.S.C. 2155);

''(ii) shall consult with the Committee on Finance of the

Senate and the Committee on Ways and Means of the House of

Representatives;

''(iii) shall coordinate with the interagency committee

established under section 242 of the Trade Expansion Act of

1962 (19 U.S.C. 1872); and

''(iv) may ask the President to request advice from the

United States International Trade Commission.

''(C) In the event an investigation is initiated under section

302(c) of the Trade Act of 1974 (19 U.S.C. 2412(c)) as a result

of a review under this paragraph and the President, following

such investigation (including any applicable dispute settlement

proceedings under the Agreement or any other trade agreement),

determines to take action under section 301(a) of such Act (19

U.S.C. 2411(a)), the President shall give preference to actions

that most directly affect the products that benefit from

governmental subsidies and were the subject of the investigation,

unless there are no significant imports of such products or the

President otherwise determines that application of the action to

other products would be more effective.

''(5) Any decision, whether positive or negative, or any action

by the Trade Representative or the Secretary of Commerce under

this section shall not in any way -

''(A) prejudice the right of any industry to file a petition

under any trade law,

''(B) prejudice, affect, or substitute for, any proceeding,

investigation, determination, or action by the Secretary of

Commerce, the United States International Trade Commission, or

the Trade Representative pursuant to such a petition,

''(C) prejudice, affect, substitute for, or obviate any

proceeding, investigation, or determination under section 301

of the Trade Act of 1974 (19 U.S.C. 2411), title VII of the

Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or any other trade

law.

''(6) Nothing in this subsection may be construed to alter in

any manner the requirements in effect before the enactment of

this Act (Sept. 28, 1988) for standing under any law of the

United States or to add any additional requirements for standing

under any law of the United States.

''SEC. 410. TERMINATION OF AGREEMENT.

''(a) In General. - If -

''(1) no agreement is entered into between the United States

and Canada on a substitute system of rules for antidumping and

countervailing duties before the date that is 7 years after the

date on which the Agreement enters into force (Jan. 1, 1989), and

''(2) the President decides not to exercise the rights of the

United States under article 1906 of the Agreement to terminate

the Agreement,

the President shall submit to the Congress a report on such

decision which explains why continued adherence to the Agreement is

in the national economic interest of the United States. In

calculating the 7-year period referred to in paragraph (1), any

time during which Canada is a NAFTA country (as defined in section

2(4) of the North American Free Trade Agreement Implementation Act

(19 U.S.C. 3301(4))) shall be disregarded.

''(b) Transition Provisions. -

''(1) If on the date on which the Agreement should cease to be

in force an investigation or enforcement proceeding concerning

the violation of a protective order issued under section 777(d)

of the Tariff Act of 1930 (as amended by this Act) (19 U.S.C.

1677f(d)) or a Canadian undertaking is pending, such

investigation or proceeding shall continue and sanctions may

continue to be imposed in accordance with the provisions of such

section.

''(2) If on the date on which the Agreement should cease to be

in force a binational panel review under article 1904 of the

Agreement is pending, or has been requested, with respect to a

determination to which section 516A(g)(2) of the Tariff Act of

1930 (as added by this Act) (19 U.S.C. 1516a(g)(2)) applies, such

determination shall be reviewable under section 516A(a) of the

Tariff Act of 1930. In the case of a determination to which the

provisions of this paragraph apply, the time limits for

commencing an action under section 516A(a)(2)(A) of the Tariff

Act of 1930 shall not begin to run until the date on which the

Agreement ceases to be in force.

''TITLE V - EFFECTIVE DATES AND SEVERABILITY

''SEC. 501. EFFECTIVE DATES.

''(a) In General. - Except as provided in subsection (b), the

provisions of this Act, and the amendments made by this Act, shall

take effect on the date the Agreement enters into force (Jan. 1,

1989).

(A Presidential Memorandum on the Canada-United States Free-Trade

Agreement, dated Dec. 31, 1988, directing the Secretary of State to

exchange notes with the Government of Canada to provide for the

entry into force of the Agreement on Jan. 1, 1989, is set out in 24

Weekly Compilation of Presidential Documents 1688, Jan. 2, 1989.

See, also, confirmation by Office of the United States Trade

Representative, 54 F.R. 505.)

''(b) Exceptions. - Sections 1 and 2, title I, section 304

(except subsection (f)), section 309, this section and section 502

shall take effect on the date of enactment of this Act (Sept. 28,

1988).

''(c) Termination or Suspension of Agreement. -

''(1) Termination of agreement. - On the date the Agreement

ceases to be in force, the provisions of this Act (other than

this paragraph and section 410(b)), and the amendments made by

this Act, shall cease to have effect.

''(2) Effect of agreement suspension. - An agreement by the

United States and Canada to suspend the operation of the

Agreement shall not be deemed to cause the Agreement to cease to

be in force within the meaning of paragraph (1).

''(3) Suspension resulting from nafta. - On the date the United

States and Canada agree to suspend the operation of the Agreement

by reason of the entry into force between them of the North

American Free Trade Agreement, the following provisions of this

Act are suspended and shall remain suspended until such time as

the suspension of the Agreement may be terminated:

''(A) Sections 204(a) and (b) and 205(a).

''(B) Sections 302 and 304(f).

''(C) Sections 404, 409, and 410(b).

''SEC. 502. SEVERABILITY.

''If any provision of this Act, any amendment made by this Act,

or the application of such a provision or amendment to any person

or circumstances is held to be invalid, the remainder of this Act,

the remaining amendments made by this Act, and the application of

such provision or amendment to persons or circumstances other than

those to which it is held invalid, shall not be affected thereby.''

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

(Amendment by section 107 of Pub. L. 103-182 to section 501(c) of

Pub. L. 100-449, set out above, effective on the date the North

American Free Trade Agreement enters into force between the United

States and Canada (Jan. 1, 1994), see section 109(a)(2) of Pub. L.

103-182, set out as an Effective Date; Termination of NAFTA Status

note under section 3311 of this title.)

(Section 308(b) of Pub. L. 103-182 provided that: ''The

amendments made by subsection (a) (amending section 301(a) of Pub.

L. 100-449, set out above) take effect on the date of the enactment

of this Act (Dec. 8, 1993).'')

(Amendment by section 413 of Pub. L. 103-182 to section 410(a) of

Pub. L. 100-449, set out above, effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States (Jan. 1, 1994), but not applicable to any final

determination described in section 1516a(a)(1)(B) or (2)(B)(i) to

(iii) of this title, notice of which is published in the Federal

Register before such date, or to a determination described in

section 1516a(a)(2)(B)(vi) of this title, notice of which is

received by the Government of Canada before such date, or to any

binational panel review under the United States-Canada Free-Trade

Agreement, or any extraordinary challenge arising out of such

review, that was commenced before such date, see section 416 of

Pub. L. 103-182, set out as an Effective Date note under section

3431 of this title.)

(For provisions relating to effect of termination of NAFTA

country status on the provisions of sections 401 to 416 of Pub. L.

103-182, see section 3451 of this title.)

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

UNITED STATES-ISRAEL FREE TRADE AREA IMPLEMENTATION

Pub. L. 99-47, June 11, 1985, 99 Stat. 82, as amended by Pub. L.

104-234, Sec. 1, Oct. 2, 1996, 110 Stat. 3058, provided that:

''SECTION 1. SHORT TITLE.

''This Act may be cited as the 'United States-Israel Free Trade

Area Implementation Act of 1985'.

''SEC. 2. PURPOSES.

''The purposes of this Act are -

''(1) to approve and implement the agreement on the

establishment of a free trade area between the United States and

Israel negotiated under the authority of section 102 of the Trade

Act of 1974 (19 U.S.C. 2112);

''(2) to strengthen and develop the economic relations between

the United States and Israel for their mutual benefit; and

''(3) to establish free trade between the two nations through

the removal of trade barriers.

''SEC. 3. APPROVAL OF A FREE TRADE AREA AGREEMENT.

''Pursuant to sections 102 and 151 of the Trade Act of 1974 (19

U.S.C. 2112; 2191), the Congress approves -

''(1) the Agreement on the Establishment of a Free Trade Area

between the Government of the United States of America and the

Government of Israel (hereinafter in this Act referred to as 'the

Agreement') entered into on April 22, 1985, and submitted to the

Congress on April 29, 1985, and

''(2) the statement of administrative action proposed to

implement the Agreement that was submitted to the Congress on

April 29, 1985.

''SEC. 4. PROCLAMATION AUTHORITY.

''(a) Tariff Modifications. - Except as provided in subsection

(c), the President may proclaim -

''(1) such modifications or continuance of any existing duty,

''(2) such continuance of existing duty-free or excise

treatment, or

''(3) such additional duties,

as the President determines to be required or appropriate to carry

out the schedule of duty reductions with respect to Israel set

forth in annex 1 of the Agreement.

''(b) Additional Tariff Modification Authority. - Except as

provided in subsection (c), whenever the President determines that

it is necessary to maintain the general level of reciprocal and

mutually advantageous concessions with respect to Israel provided

for by the Agreement, the President may proclaim -

''(1) such withdrawal, suspension, modification, or continuance

of any duty,

''(2) such continuance of existing duty-free or excise

treatment, or

''(3) such additional duties,

as the President determines to be required or appropriate to carry

out the Agreement.

''(c) Exception to Authority. - No modification of any duty

imposed on any article provided for in paragraph (4) of annex 1 of

the Agreement that may be proclaimed under subsection (a) or (b)

shall take effect prior to January 1, 1995.

''SEC. 5. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.

''(a) United States Statutes To Prevail in Conflict. - No

provision of the Agreement, nor the application of any such

provision to any person or circumstance, which is in conflict with

-

''(1) title IV of the Trade and Tariff Act of 1984 (title IV of

Pub. L. 98-573, amending this section and enacting provisions set

out below), or

''(2) any other statute of the United States,

shall be given effect under the laws of the United States.

''(b) Implementing Regulations. - Regulations that are necessary

or appropriate to carry out actions proposed in any statement of

proposed administrative action submitted to the Congress under

section 102 of the Trade Act of 1974 (19 U.S.C. 2112) in order to

implement the Agreement shall be prescribed. Initial regulations

to carry out such action shall be issued within one year after the

date of the entry into force of the Agreement.

''(c) Changes in Statutes To Implement a Requirement, Amendment,

or Recommendation. -

''(1) Except as otherwise provided in paragraph (2), the

provisions of section 3(c) of the Trade Agreements Act of 1979

(19 U.S.C. 2504(c)) shall apply with respect to the Agreement and

-

''(A) no requirement of, amendment to, or recommendation

under the Agreement shall be implemented under United States

law, and

''(B) no amendment, repeal, or enactment of a statute of the

United States to implement any such requirement, amendment, or

recommendation shall enter into force with respect to the

United States,

unless there has been compliance with the provisions of section

3(c) of the Trade Agreements Act of 1979.

''(2) The provisions of section 3(c)(4) of the Trade Agreements

Act of 1979 (19 U.S.C. 2504(c)(4)) shall apply to any bill

implementing any requirement of, amendment to, or recommendation

made under, the Agreement that reduces or eliminates any duty

imposed on any article provided for in paragraph (4) of Annex 1

of the Agreement only if -

''(A) any reduction of such duty provided in such bill -

''(i) takes effect after December 31, 1989, and

''(ii) takes effect gradually over the period that begins

on January 1, 1990, and ends on December 31, 1994,

''(B) any elimination of such duty provided in such bill does

not take effect prior to January 1, 1995, and

''(C) the consultations required under section 3(c)(1) of

such Act occur at least ninety days prior to the date on which

such bill is submitted to the Congress under section 3(c) of

such Act.

''(d) Private Remedies Not Created. - Neither the entry into

force of the Agreement with respect to the United States, nor the

enactment of this Act, shall be construed as creating any private

right of action or remedy for which provision is not explicitly

made under this Act or under the laws of the United States.

''SEC. 6. TERMINATION.

''The provisions of section 125(a) of the Trade Act of 1974 (19

U.S.C. 2135(a)) shall not apply to the Agreement.

''SEC. 7. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER TRADE

AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN ISRAELI PRODUCTS.

(Section amended section 2518(4)(C) of this title.)

''SEC. 8. TECHNICAL AMENDMENTS.

(Section amended title IV of Pub. L. 98-573, set out as a note

below, this section, and sections 2462 to 2464 of this title.)

''SEC. 9. ADDITIONAL PROCLAMATION AUTHORITY.

''(a) Elimination or Modifications of Duties. - The President is

authorized to proclaim elimination or modification of any existing

duty as the President determines is necessary to exempt any article

from duty if -

''(1) that article is wholly the growth, product, or

manufacture of the West Bank, the Gaza Strip, or a qualifying

industrial zone or is a new or different article of commerce that

has been grown, produced, or manufactured in the West Bank, the

Gaza Strip, or a qualifying industrial zone;

''(2) that article is imported directly from the West Bank, the

Gaza Strip, Israel, or a qualifying industrial zone; and

''(3) the sum of -

''(A) the cost or value of the materials produced in the West

Bank, the Gaza Strip, Israel, or a qualifying industrial zone,

plus

''(B) the direct costs of processing operations performed in

the West Bank, the Gaza Strip, Israel, or a qualifying

industrial zone,

is not less than 35 percent of the appraised value of the product

at the time it is entered into the United States.

For purposes of determining the 35 percent content requirement

contained in paragraph (3), the cost or value of materials which

are used in the production of an article in the West Bank, the Gaza

Strip, or a qualifying industrial zone, and are the products of the

United States, may be counted in an amount up to 15 percent of the

appraised value of the article.

''(b) Applicability of Certain Provisions of the Agreement. -

''(1) Nonqualifying operations. - No article shall be

considered a new or different article of commerce under this

section, and no material shall be included for purposes of

determining the 35 percent requirement of subsection (a)(3), by

virtue of having merely undergone -

''(A) simple combining or packaging operations, or

''(B) mere dilution with water or with another substance that

does not materially alter the characteristics of the article or

material.

''(2) Requirements for new or different article of commerce. -

For purposes of subsection (a)(1), an article is a 'new or

different article of commerce' if it is substantially transformed

into an article having a new name, character, or use.

''(3) Cost or value of materials. - (A) For purposes of this

section, the cost or value of materials produced in the West

Bank, the Gaza Strip, or a qualifying industrial zone includes -

''(i) the manufacturer's actual cost for the materials;

''(ii) when not included in the manufacturer's actual cost

for the materials, the freight, insurance, packing, and all

other costs incurred in transporting the materials to the

manufacturer's plant;

''(iii) the actual cost of waste or spoilage, less the value

of recoverable scrap; and

''(iv) taxes or duties imposed on the materials by the West

Bank, the Gaza Strip, or a qualifying industrial zone, if such

taxes or duties are not remitted on exportation.

''(B) If a material is provided to the manufacturer without

charge, or at less than fair market value, its cost or value

shall be determined by computing the sum of -

''(i) all expenses incurred in the growth, production, or

manufacture of the material, including general expenses;

''(ii) an amount for profit; and

''(iii) freight, insurance, packing, and all other costs

incurred in transporting the material to the manufacturer's

plant.

If the information necessary to compute the cost or value of a

material is not available, the Customs Service may ascertain or

estimate the value thereof using all reasonable methods.

''(4) Direct costs of processing operations. - (A) For purposes

of this section, the 'direct costs of processing operations

performed in the West Bank, Gaza Strip, or a qualifying

industrial zone' with respect to an article are those costs

either directly incurred in, or which can be reasonably allocated

to, the growth, production, manufacture, or assembly, of that

article. Such costs include, but are not limited to, the

following to the extent that they are includible in the appraised

value of articles imported into the United States:

''(i) All actual labor costs involved in the growth,

production, manufacture, or assembly of the article, including

fringe benefits, on-the-job training, and costs of engineering,

supervisory, quality control, and similar personnel.

''(ii) Dies, molds, tooling, and depreciation on machinery

and equipment which are allocable to the article.

''(iii) Research, development, design, engineering, and

blueprint costs insofar as they are allocable to the article.

''(iv) Costs of inspecting and testing the article.

''(B) Those items that are not included as direct costs of

processing operations with respect to an article are those which

are not directly attributable to the article or are not costs of

manufacturing the article. Such items include, but are not

limited to -

''(i) profit; and

''(ii) general expenses of doing business which are either

not allocable to the article or are not related to the growth,

production, manufacture, or assembly of the article, such as

administrative salaries, casualty and liability insurance,

advertising, and salesmen's salaries, commissions, or expenses.

''(5) Imported directly. - For purposes of this section -

''(A) articles are 'imported directly' if -

''(i) the articles are shipped directly from the West Bank,

the Gaza Strip, a qualifying industrial zone, or Israel into

the United States without passing through the territory of

any intermediate country; or

''(ii) if shipment is through the territory of an

intermediate country, the articles in the shipment do not

enter into the commerce of any intermediate country and the

invoices, bills of lading, and other shipping documents

specify the United States as the final destination; or

''(B) if articles are shipped through an intermediate country

and the invoices and other documents do not specify the United

States as the final destination, then the articles in the

shipment, upon arrival in the United States, are imported

directly only if they -

''(i) remain under the control of the customs authority in

an intermediate country;

''(ii) do not enter into the commerce of an intermediate

country except for the purpose of a sale other than at

retail, but only if the articles are imported as a result of

the original commercial transactions between the importer and

the producer or the producer's sales agent; and

''(iii) have not been subjected to operations other than

loading, unloading, or other activities necessary to preserve

the article in good condition.

''(6) Documentation required. - An article is eligible for the

duty exemption under this section only if -

''(A) the importer certifies that the article meets the

conditions for the duty exemption; and

''(B) when requested by the Customs Service, the importer,

manufacturer, or exporter submits a declaration setting forth

all pertinent information with respect to the article,

including the following:

''(i) A description of the article, quantity, numbers, and

marks of packages, invoice numbers, and bills of lading.

''(ii) A description of the operations performed in the

production of the article in the West Bank, the Gaza Strip, a

qualifying industrial zone, or Israel and identification of

the direct costs of processing operations.

''(iii) A description of any materials used in production

of the article which are wholly the growth, product, or

manufacture of the West Bank, the Gaza Strip, a qualifying

industrial zone, Israel or United States, and a statement as

to the cost or value of such materials.

''(iv) A description of the operations performed on, and a

statement as to the origin and cost or value of, any foreign

materials used in the article which are claimed to have been

sufficiently processed in the West Bank, the Gaza Strip, a

qualifying industrial zone, or Israel so as to be materials

produced in the West Bank, the Gaza Strip, a qualifying

industrial zone, or Israel.

''(v) A description of the origin and cost or value of any

foreign materials used in the article which have not been

substantially transformed in the West Bank, the Gaza Strip,

or a qualifying industrial zone.

''(c) Shipment of Articles of Israel Through West Bank or Gaza

Strip. - The President is authorized to proclaim that articles of

Israel may be treated as though they were articles directly shipped

from Israel for the purposes of the Agreement even if shipped to

the United States from the West Bank, the Gaza Strip, or a

qualifying industrial zone, if the articles otherwise meet the

requirements of the Agreement.

''(d) Treatment of Cost or Value of Materials. - The President is

authorized to proclaim that the cost or value of materials produced

in the West Bank, the Gaza Strip, or a qualifying industrial zone

may be included in the cost or value of materials produced in

Israel under section 1(c)(i) of Annex 3 of the Agreement, and the

direct costs of processing operations performed in the West Bank,

the Gaza Strip, or a qualifying industrial zone may be included in

the direct costs of processing operations performed in Israel under

section 1(c)(ii) of Annex 3 of the Agreement.

''(e) Qualifying Industrial Zone Defined. - For purposes of this

section, a 'qualifying industrial zone' means any area that -

''(1) encompasses portions of the territory of Israel and

Jordan or Israel and Egypt;

''(2) has been designated by local authorities as an enclave

where merchandise may enter without payment of duty or excise

taxes; and

''(3) has been specified by the President as a qualifying

industrial zone.''

(For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.)

TRADE AGREEMENTS WITH ISRAEL

Pub. L. 98-573, title IV, Sec. 402-405, formerly Sec. 402-404,

406, Oct. 30, 1984, 98 Stat. 3015-3017, as renumbered and amended

by Pub. L. 99-47, Sec. 8(a), June 11, 1985, 99 Stat. 84; Pub. L.

99-514, title XVIII, Sec. 1889(6), Oct. 22, 1986, 100 Stat. 2926;

Pub. L. 100-418, title I, Sec. 1214(s)(4), 1401(b)(3), Aug. 23,

1988, 102 Stat. 1160, 1240, provided that:

''SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES.

''(a)(1) The reduction or elimination of any duty imposed on any

article by the United States provided for in a trade agreement

entered into with Israel under section 102(b)(1) of the Trade Act

of 1974 (19 U.S.C. 2112(b)(1)) shall apply only if -

''(A) that article is the growth, product, or manufacture of

Israel or is a new or different article of commerce that has been

grown, produced, or manufactured in Israel;

''(B) that article is imported directly from Israel into the

customs territory of the United States; and

''(C) the sum of -

''(i) the cost of value of the materials produced in Israel,

plus

''(ii) the direct costs of processing operations performed in

Israel,

is not less than 35 percent of the appraised value of such

article at the time it is entered.

If the cost or value of materials produced in the customs territory

of the United States is included with respect to an article to

which this subsection applies, an amount not to exceed 15 percent

of the appraised value of the article at the time it is entered

that is attributable to such United States cost or value may be

applied toward determining the percentage referred to in

subparagraph (C).

''(2) No article may be considered to meet the requirements of

paragraph (1)(A) by virtue of having merely undergone -

''(A) simple combining or packaging operations; or

''(B) mere dilution with water or mere dilution with another

substance that does not materially alter the characteristics of

the article.

''(b) As used in this section, the phrase 'direct costs of

processing operations' includes, but is not limited to -

''(1) all actual labor costs involved in the growth,

production, manufacture, or assembly of the specific merchandise,

including fringe benefits, on-the-job training and the cost of

engineering, supervisory, quality control, and similar personnel;

and

''(2) dies, molds, tooling, and depreciation on machinery and

equipment which are allocable to the specific merchandise.

Such phrase does not include costs which are not directly

attributable to the merchandise concerned, or are not costs of

manufacturing the product, such as (A) profit, and (B) general

expenses of doing business which are either not allocable to the

specific merchandise or are not related to the growth, production,

manufacture, or assembly of the merchandise, such as administrative

salaries, casualty and liability insurance, advertising, and

salesmen's salaries, commissions or expenses.

''(c) Regulations. - The Secretary of the Treasury, after

consultation with the United States Trade Representative, shall

prescribe such regulations as may be necessary to carry out this

section.

''SEC. 403. APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS.

''(a) Suspension of Duty-Free Treatment. - The President may by

proclamation suspend the reduction or elimination of any duty

provided under any trade agreement provision entered into with

Israel under the authority of section 102(b)(1) of the Trade Act of

1974 (19 U.S.C. 2112(b)(1)) with respect to any article and may

proclaim a duty rate for such article if such action is proclaimed

under section 203 of the Trade Act of 1974 (19 U.S.C. 2253) or

section 232 of the Trade Expansion Act of 1962 (19 U.S.C. 1862).

''(b) ITC Reports. - In any report by the United States

International Trade Commission (hereinafter referred to in this

title (this note) as the 'Commission') to the President under

section 202(f) of the Trade Act of 1974 (19 U.S.C. 2252(f))

regarding any article for which a reduction or elimination of any

duty is provided under a trade agreement entered into with Israel

under section 102(b)(1) of the Trade Act of 1974 (19 U.S.C.

2112(b)(1)), the Commission shall state whether and to what extent

its findings and recommendations apply to such an article when

imported from Israel.

''(c) For purposes of section 203 of the Trade Act of 1974 (19

U.S.C. 2253), the suspension of the reduction or elimination of a

duty under subsection (a) shall be treated as an increase in duty.

''(d) No proclamation which provides solely for a suspension

referred to in subsection (a) with respect to any article shall be

made under section 203 of the Trade Act of 1974 (19 U.S.C. 2253),

unless the Commission, in addition to making an affirmative

determination with respect to such article under section 202(b) of

the Trade Act of 1974 (19 U.S.C. 2252(b)), determines in the course

of its investigation under that section that the serious injury (or

threat thereof) substantially caused by imports to the domestic

industry producing a like or directly competitive article results

from the reduction or elimination of any duty provided under any

trade agreement provision entered into with Israel under section

102(b)(1) of the Trade Act of 1974 (19 U.S.C. 2112(b)(1)).

''(e)(1) Any proclamation issued under section 203 of the Trade

Act of 1974 (19 U.S.C. 2253) that is in effect when an agreement

with Israel is entered into under section 102(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2112(b)(1)) shall remain in effect until

modified or terminated.

''(2) If any article is subject to import relief at the time an

agreement is entered into with Israel under section 102(b)(1) of

the Trade Act of 1974 (19 U.S.C. 2112(b)(1)), the President may

reduce or terminate the application of such import relief to the

importation of such article before the otherwise scheduled date on

which such reduction or termination would occur pursuant to the

criteria and procedures of sections 203 and 204 of the Trade Act of

1974 (19 U.S.C. 2253, 2254).

''SEC. 404. FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES.

''(a) If a petition is filed with the Commission under the

provisions of section 202(a) of the Trade Act of 1974 (19 U.S.C.

2252(a)) regarding a perishable product which is subject to any

reduction or elimination of a duty imposed by the United States

under a trade agreement entered into with Israel under section

102(b)(1) of the Trade Act of 1974 (19 U.S.C. 2112(b)(1)) and

alleges injury from imports of that product, then the petition may

also be filed with the Secretary of Agriculture with a request that

emergency relief be granted under subsection (c) with respect to

such article.

''(b) Within 14 days after the filing of a petition under

subsection (a) -

''(1) if the Secretary of Agriculture has reason to believe

that a perishable product from Israel is being imported into the

United States in such increased quantities as to be a substantial

cause of serious injury, or the threat thereof, to the domestic

industry producing a perishable product like or directly

competitive with the imported product and that emergency action

is warranted, he shall advise the President and recommend that

the President take emergency action; or

''(2) the Secretary of Agriculture shall publish a notice of

his determination not to recommend the imposition of emergency

action and so advise the petitioner.

''(c) Within 7 days after the President receives a recommendation

from the Secretary of Agriculture to take emergency action under

subsection (b), he shall issue a proclamation withdrawing the

reduction or elimination of duty provided to the perishable product

under any trade agreement provision entered into under section

102(b)(1) of the Trade Act of 1974 (19 U.S.C. 2112(b)(1)) or

publish a notice of his determination not to take emergency action.

''(d) The emergency action provided under subsection (c) shall

cease to apply -

''(1) upon the taking of actions under section 203 of the Trade

Act of 1974 (19 U.S.C. 2253);

''(2) on the day a determination of the President under section

203 of such Act (19 U.S.C. 2253) not to take action becomes

final;

''(3) in the event of a report of the Commission containing a

negative finding, on the day the Commission's report is submitted

to the President; or

''(4) whenever the President determines that because of changed

circumstances such relief is no longer warranted.

''(e) For purposes of this section, the term 'perishable product'

means any -

''(1) live plants and fresh cut flowers provided for in chapter

6 of the Harmonized Tariff Schedule of the United States (19

U.S.C. 1202, hereinafter referred to as the 'HTS');

''(2) vegetables, edible nuts or fruit provided for in chapters

7 and 8, heading 1105, subheadings 1106.10.00 and 1106.30,

heading 1202, subheadings 1214.90.00 and 1704.90.60, headings

2001 through 2008 (excluding subheadings 2001.90.20 and

2004.90.10) and subheading 2103.20.40 of the HTS;

''(3) concentrated citrus fruit juice provided for in

subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and

2009.30.60 of the HTS.

''(f) No trade agreement entered into with Israel under section

102(b)(1) of the Trade Act of 1974 (19 U.S.C. 2112(b)(1)) shall

affect fees imposed under section 22 of the Agricultural Adjustment

Act (7 U.S.C. 624).

''SEC. 405. CONSTRUCTION OF TITLE.

''Neither the taking effect of any trade agreement provision

entered into with Israel under section 102(b)(1) (19 U.S.C.

2112(b)(1)), nor any proclamation issued to implement any such

provision, may affect in any manner, or to any extent, the

application to any Israeli articles of section 232 of the Trade

Expansion Act of 1962 (19 U.S.C. 1862), section 337 of title VII

(probably should be ''title III'' of the Tariff Act of 1930 (19

U.S.C. 1337), chapter 1 of title II and chapter 1 of title III of

the Trade Act of 1974 (19 U.S.C. 2251 et seq., 2411 et seq.), or

any other provision of law under which relief from injury caused by

import competition or by unfair import trade practices may be

sought.''

(Amendment of section 404 of Pub. L. 98-573 by section 1214(s)(4)

of 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.)

(Amendment of sections 403 and 404 of Pub. L. 98-573 by section

1401 of Pub. L. 100-418 effective Aug. 23, 1988, and applicable

with respect to investigations initiated under part 1 (Sec. 2251 et

seq.) of subchapter II of this chapter on or after that date, see

section 1401(c) of Pub. L. 100-418, set out as an Effective Date of

1988 Amendment note under section 2251 of this title.)

(The Harmonized Tariff Schedule of the United States is not set

out in the Code. See Publication of Harmonized Tariff Schedule note

set out under section 1202 of this title.)

PRESIDENTIAL DETERMINATION REGARDING MULTILATERAL TRADE

NEGOTIATIONS

For provisions relating to Presidential determination regarding

multilateral trade negotiations and Presidential determination

regarding acceptance and application of certain international trade

agreements, see notes set out under section 2503 of this title.

-EXEC-

EX. ORD. NO. 12662. IMPLEMENTING UNITED STATES-CANADA FREE-TRADE

IMPLEMENTATION ACT

Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, as amended by Ex.

Ord. No. 12889, Sec. 4(c), Dec. 27, 1993, 58 F.R. 69681, provided:

By virtue of the authority vested in me as President by the

Constitution and laws of the United States of America, including

the United States-Canada Free-Trade Agreement Implementation Act of

1988 (Public Law 100-449, 102 Stat. 1851) (''FTA Implementation

Act'') (set out as a note above), it is hereby ordered as follows:

Section 1. (Superseded by Ex. Ord. No. 12889, Sec. 4(c), Dec. 27,

1993, 58 F.R. 69681, see 19 U.S.C. 3311 note.)

Sec. 2. Establishment of United States Secretariat. Pursuant to

subsection 405(e) of the FTA Implementation Act, a ''United States

Secretariat'' shall be established within the International Trade

Administration of the Department of Commerce. The Secretariat shall

facilitate:

(1) the operation of Chapters 18 and 19 of the Free-Trade

Agreement, and

(2) the work of the binational panels and extraordinary challenge

committees convened under those Chapters.

Sec. 3. Acceptance by the President of Panel and Committee

Decisions. In accordance with subsection 401(c) of the FTA

Implementation Act, in the event that the provisions of

subparagraph 516A(g)(7)(B) of the Tariff Act of 1930, as amended,

19 U.S.C. section 1516a(g)(7)(B), take effect, I accept, as a

whole, all decisions of binational panels and extraordinary

challenge committees.

Sec. 4. Judicial Review. This Order does not create any right or

benefit, substantive or procedural, enforceable at law by a party

against the United States, its agencies, its officers, or any

person.

Sec. 5. Effective Date. This Order shall take effect upon the

entry into force of the Free-Trade Agreement.

EX. ORD. NO. 13141. ENVIRONMENTAL REVIEW OF TRADE AGREEMENTS

Ex. Ord. No. 13141, Nov. 16, 1999, 64 F.R. 63169, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

further the environmental and trade policy goals of the United

States, it is hereby ordered as follows:

Section 1. Policy. The United States is committed to a policy of

careful assessment and consideration of the environmental impacts

of trade agreements. The United States will factor environmental

considerations into the development of its trade negotiating

objectives. Responsible agencies will accomplish these goals

through a process of ongoing assessment and evaluation, and, in

certain instances, written environmental reviews.

Sec. 2. Purpose and Need. Trade agreements should contribute to

the broader goal of sustainable development. Environmental reviews

are an important tool to help identify potential environmental

effects of trade agreements, both positive and negative, and to

help facilitate consideration of appropriate responses to those

effects whether in the course of negotiations, through other means,

or both.

Sec. 3. (a) Implementation. The United States Trade

Representative (Trade Representative) and the Chair of the Council

on Environmental Quality shall oversee the implementation of this

order, including the development of procedures pursuant to this

order, in consultation with appropriate foreign policy,

environmental, and economic agencies.

(b) Conduct of Environmental Reviews. The Trade Representative,

through the interagency Trade Policy Staff Committee (TPSC), shall

conduct the environmental reviews of the agreements under section 4

of this order.

Sec. 4. Trade Agreements.

(a) Certain agreements that the United States may negotiate shall

require an environmental review. These include:

(i) comprehensive multilateral trade rounds;

(ii) bilateral or plurilateral free trade agreements; and

(iii) major new trade liberalization agreements in natural

resource sectors.

(b) Agreements reached in connection with enforcement and dispute

resolution actions are not covered by this order.

(c) For trade agreements not covered under subsections 4(a) and

(b), environmental reviews will generally not be required. Most

sectoral liberalization agreements will not require an

environmental review. The Trade Representative, through the TPSC,

shall determine whether an environmental review of an agreement or

category of agreements is warranted based on such factors as the

significance of reasonably foreseeable environmental impacts.

Sec. 5. Environmental Reviews.

(a) Environmental reviews shall be:

(i) written;

(ii) initiated through a Federal Register notice, outlining the

proposed agreement and soliciting public comment and information on

the scope of the environmental review of the agreement;

(iii) undertaken sufficiently early in the process to inform the

development of negotiating positions, but shall not be a condition

for the timely tabling of particular negotiating proposals;

(iv) made available in draft form for public comment, where

practicable; and

(v) made available to the public in final form.

(b) As a general matter, the focus of environmental reviews will

be impacts in the United States. As appropriate and prudent,

reviews may also examine global and transboundary impacts.

Sec. 6. Resources. Upon request by the Trade Representative, with

the concurrence of the Deputy Director for Management of the Office

of Management and Budget, Federal agencies shall, to the extent

permitted by law and subject to the availability of appropriations,

provide analytical and financial resources and support, including

the detail of appropriate personnel, to the Office of the United

States Trade Representative to carry out the provisions of this

order.

Sec. 7. General Provisions. This order is intended only to

improve the internal management of the executive branch and does

not create any right, benefit, trust, or responsibility,

substantive or procedural, enforceable at law or equity by a party

against the United States, its agencies, its officers, or any

person. William J. Clinton.

DELEGATION OF AUTHORITY UNDER SECTION 103(A) OF UNITED

STATES-CANADA FREE-TRADE AGREEMENT IMPLEMENTATION ACT OF 1988

Memorandum of President of the United States, Feb. 11, 1991, 56

F.R. 6789, provided:

Memorandum for the United States Trade Representative

By virtue of the authority vested in me as President by the

Constitution and laws of the United States, including section 301

of title 3 of the United States Code, you are hereby delegated the

authority to perform the functions necessary to fulfill the

consultation and lay-over requirements set forth in section

103(a)(1) through (4) of the United States-Canada Free-Trade

Agreement Implementation Act of 1988 (''the Act'') (Pub. L.

100-449, set out as a note above), including:

(1) obtaining advice from the appropriate advisory committees and

the U.S. International Trade Commission on the proposed

implementation of an action by Presidential proclamation;

(2) submitting a report on such action to the House Ways and

Means and Senate Finance Committees; and

(3) consulting with such committees during the 60-day period

following the date on which the requirements under (1) and (2) have

been met.

The President retains the sole authority under the Act to

implement an action by proclamation after the consultation and

lay-over requirements set forth in section 103(a)(1) through (4)

have been met.

You are authorized and directed to publish this memorandum in the

Federal Register. George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2113, 2114, 2114a, 2115,

2116, 2117, 2118, 2191, 2194, 2503, 2504, 2904, 3810 of this title;

title 22 section 5342.

-CITE-

19 USC Sec. 2113 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2113. Overall negotiating objective

-STATUTE-

The overall United States negotiating objective under sections

2111 and 2112 of this title shall be to obtain more open and

equitable market access and the harmonization, reduction, or

elimination of devices which distort trade or commerce. To the

maximum extent feasible, the harmonization, reduction, or

elimination of agricultural trade barriers and distortions shall be

undertaken in conjunction with the harmonization, reduction, or

elimination of industrial trade barriers and distortions.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 103, Jan. 3, 1975, 88 Stat. 1984.)

-CITE-

19 USC Sec. 2114 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2114. Sector negotiating objectives

-STATUTE-

(a) Obtaining equivalent competitive opportunities

A principal United States negotiating objective under sections

2111 and 2112 of this title shall be to obtain, to the maximum

extent feasible, with respect to appropriate product sectors of

manufacturing, and with respect to the agricultural sector,

competitive opportunities for United States exports to the

developed countries of the world equivalent to the competitive

opportunities afforded in United States markets to the importation

of like or similar products, taking into account all barriers

(including tariffs) to and other distortions of international trade

affecting that sector.

(b) Conduct of negotiations on basis of appropriate product sectors

of manufacturing

As a means of achieving the negotiating objective set forth in

subsection (a) of this section, to the extent consistent with the

objective of maximizing overall economic benefit to the United

States (through maintaining and enlarging foreign markets for

products of United States agriculture, industry, mining, and

commerce, through the development of fair and equitable market

opportunities, and through open and nondiscriminatory world trade),

negotiations shall, to the extent feasible be conducted on the

basis of appropriate product sectors of manufacturing.

(c) Identification of appropriate product sectors of manufacturing

For the purposes of this section and section 2155 of this title,

the United States Trade Representative together with the Secretary

of Commerce, Agriculture, or Labor, as appropriate, shall, after

consultation with the Advisory Committee for Trade Negotiations

established under section 2155 of this title and after consultation

with interested private or non-Federal governmental organizations,

identify appropriate product sectors of manufacturing.

(d) Presidential analysis of how negotiating objectives are

achieved in each product sector by trade agreements

If the President determines that competitive opportunities in one

or more product sectors will be significantly affected by a trade

agreement concluded under section 2111 or 2112 of this title, he

shall submit to the Congress with each such agreement an analysis

of the extent to which the negotiating objective set forth in

subsection (a) of this section is achieved by such agreement in

each product sector or product sectors.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 104, Jan. 3, 1975, 88 Stat. 1984;

1979 Reorg. Plan No. 3, Sec. 1(b)(1), eff. Jan. 2, 1980, 44 F.R.

69273, 93 Stat. 1381; Pub. L. 98-573, title III, Sec.

306(c)(2)(C)(i), Oct. 30, 1984, 98 Stat. 3012.)

-CHANGE-

CHANGE OF NAME

''United States Trade Representative'' substituted for ''Special

Representative for Trade Negotiations'' in subsec. (c), pursuant to

Reorg. Plan No. 3 of 1979, Sec. 1(b)(1), 44 F.R. 69273, 93 Stat.

1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.

Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under

section 2171 of this title. See, also, section 2171 of this title

as amended by Pub. L. 97-456.

-MISC4-

AMENDMENTS

1984 - Subsec. (c). Pub. L. 98-573 inserted ''or non-Federal

governmental'' after ''private''.

-CITE-

19 USC Sec. 2114a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2114a. Negotiating objectives with respect to trade in

services, foreign direct investment, and high technology

products

-STATUTE-

(a) Trade in services

(1) In general

Principal United States negotiating objectives under section

2112 of this title shall be -

(A) to reduce or to eliminate barriers to, or other

distortions of, international trade in services (particularly

United States service sector trade in foreign markets),

including barriers that deny national treatment and

restrictions on the establishment and operation in such

markets; and

(B) to develop internationally agreed rules, including

dispute settlement procedures, which -

(i) are consistent with the commercial policies of the

United States, and

(ii) will reduce or eliminate such barriers or distortions

and help ensure open international trade in services.

(2) Domestic objectives

In pursuing the objectives described in paragraph (1), United

States negotiators shall take into account legitimate United

States domestic objectives including, but not limited to, the

protection of legitimate health or safety, essential security,

environmental, consumer or employment opportunity interests and

the laws and regulations related thereto.

(b) Foreign direct investment

(1) In general

Principal United States negotiating objectives under section

2112 of this title shall be -

(A) to reduce or to eliminate artificial or trade-distorting

barriers to foreign direct investment, to expand the principle

of national treatment, and to reduce unreasonable barriers to

establishment; and

(B) to develop internationally agreed rules, including

dispute settlement procedures, which -

(i) will help ensure a free flow of foreign direct

investment, and

(ii) will reduce or eliminate the trade distortive effects

of certain investment related measures.

(2) Domestic objectives

In pursuing the objectives described in paragraph (1), United

States negotiators shall take into account legitimate United

States domestic objectives including, but not limited to, the

protection of legitimate health or safety, essential security,

environmental, consumer or employment opportunity interests and

the laws and regulations related thereto.

(c) High technology products

Principal United States negotiating objectives shall be -

(1) to obtain and preserve the maximum openness with respect to

international trade and investment in high technology products

and related services;

(2) to obtain the elimination or reduction of, or compensation

for, the significantly distorting effects of foreign government

acts, policies, or practices identified in section 2241 of this

title, with particular consideration given to the nature and

extent of foreign government intervention affecting United States

exports of high technology products or investments in high

technology industries, including -

(A) foreign industrial policies which distort international

trade or investment;

(B) measures which deny national treatment or otherwise

discriminate in favor of domestic high technology industries;

(C) measures which fail to provide adequate and effective

means for foreign nationals to secure, exercise, and enforce

exclusive rights in intellectual property (including

trademarks, patents, and copyrights);

(D) measures which impair access to domestic markets for key

commodity products; and

(E) measures which facilitate or encourage anticompetitive

market practices or structures;

(3) to obtain commitments that official policy of foreign

countries or instrumentalities will not discourage government or

private procurement of foreign high technology products and

related services;

(4) to obtain the reduction or elimination of all tariffs on,

and other barriers to, United States exports of high technology

products and related services;

(5) to obtain commitments to foster national treatment;

(6) to obtain commitments to -

(A) foster the pursuit of joint scientific cooperation

between companies, institutions or governmental entities of the

United States and those of the trading partners of the United

States in areas of mutual interest through such measures as

financial participation and technical and personnel exchanges,

and

(B) ensure that access by all participants to the results of

any such cooperative efforts should not be impaired; and

(7) to provide effective minimum safeguards for the acquisition

and enforcement of intellectual property rights and the property

value of proprietary data.

(d) Definition of barriers and other distortions

For purposes of subsection (a) of this section, the term

''barriers to, or other distortions of, international trade in

services'' includes, but is not limited to -

(1) barriers to establishment in foreign markets, and

(2) restrictions on the operation of enterprises in foreign

markets, including -

(A) direct or indirect restrictions on the transfer of

information into, or out of, the country or instrumentality

concerned, and

(B) restrictions on the use of data processing facilities

within or outside of such country or instrumentality.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 104A, as added Pub. L. 98-573, title

III, Sec. 305(a)(1), Oct. 30, 1984, 98 Stat. 3006.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2114e of this title.

-CITE-

19 USC Sec. 2114b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2114b. Provisions relating to international trade in services

-STATUTE-

(1) The Secretary of Commerce shall establish a service

industries development program designed to -

(A) develop, in consultation with other Federal agencies as

appropriate, policies regarding services that are designed to

increase the competitiveness of United States service industries

in foreign commerce;

(B) develop a data base for assessing the adequacy of

Government policies and actions pertaining to services,

including, but not limited to, data on trade, both aggregate and

pertaining to individual service industries;

(C) collect and analyze, in consultation with appropriate

agencies, information pertaining to the international operations

and competitiveness of United States service industries,

including information with respect to -

(i) policies of foreign governments toward foreign and United

States service industries;

(ii) Federal, State, and local regulation of both foreign and

United States suppliers of services, and the effect of such

regulation on trade;

(iii) the adequacy of current United States policies to

strengthen the competitiveness of United States service

industries in foreign commerce, including export promotion

activities in the service sector;

(iv) tax treatment of services, with particular emphasis on

the effect of United States taxation on the international

competitiveness of United States firms and exports;

(v) treatment of services under international agreements of

the United States;

(vi) antitrust policies as such policies affect the

competitiveness of United States firms; and

(vii) treatment of services in international agreements of

the United States;

(D) conduct a program of research and analysis of

service-related issues and problems, including forecasts and

industrial strategies; and

(E) conduct sectoral studies of domestic service industries.

(2) For purposes of the collection and analysis required by

paragraph (1), and for the purpose of any reporting the Department

of Commerce makes under paragraph (3), such collection and

reporting shall distinguish between income from investment and

income from noninvestment services.

(3) On not less than a biennial basis beginning in 1986, the

Secretary shall prepare a report which analyzes the information

collected under paragraph (1). Such report shall be submitted to

the Congress and to the President by not later than the date that

is 120 days after the close of the period covered by the report.

(4) The Secretary of Commerce shall carry out the provisions of

this subsection from funds otherwise made available to him which

may be used for such purposes.

(5) For purposes of this section, the term ''services'' means

economic activities whose outputs are other than tangible goods.

Such term includes, but is not limited to, banking, insurance,

transportation, postal and delivery services, communications and

data processing, retail and wholesale trade, advertising,

accounting, construction, design and engineering, management

consulting, real estate, professional services, entertainment,

education, health care, and tourism.

-SOURCE-

(Pub. L. 98-573, title III, Sec. 306(a), Oct. 30, 1984, 98 Stat.

3008; Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec.

633(c)), Oct. 21, 1998, 112 Stat. 2681-480, 2681-524.)

-COD-

CODIFICATION

Section was enacted as part of the International Trade and

Investment Act, and also as part of the Trade and Tariff Act of

1984, and not as part of the Trade Act of 1974 which comprises this

chapter.

Section is comprised of subsec. (a) of section 306 of Pub. L.

98-573. Subsec. (b) of such section amended sections 3101, 3103,

and 3104 of Title 22, Foreign Relations and Intercourse, and

enacted a provision set out as a note under section 3101 of Title

22, subsec. (c)(1), (2)(A) of such section is classified to section

2114c of this title, and subsec. (c)(2)(B), (C) of such section

amended sections 2114, 2155, 2413, and 2414 of this title.

-MISC3-

AMENDMENTS

1998 - Par. (5). Pub. L. 105-277, which directed the amendment of

par. (5) by inserting ''postal and delivery services,'' after

''transportation.'' in second sentence, was executed by making the

insertion after ''transportation,'' to reflect the probable intent

of Congress.

-CITE-

19 USC Sec. 2114c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2114c. Trade in services: development, coordination, and

implementation of Federal policies; staff support and other

assistance; specific service sector authorities unaffected;

executive functions

-STATUTE-

(1)(A) The United States Trade Representative, through the

interagency trade organization established pursuant to section

1872(a) of this title or any subcommittee thereof, shall, in

conformance with this Act and other provisions of law, develop (and

coordinate the implementation of) United States policies concerning

trade in services.

(B) In order to encourage effective development, coordination,

and implementation of United States policies on trade in services -

(i) each department or agency of the United States responsible

for the regulation of any service sector industry shall, as

appropriate, advise and work with the United States Trade

Representative concerning matters that have come to the

department's or agency's attention with respect to -

(I) the treatment afforded United States service sector

interest in foreign markets; or

(II) allegations of unfair practices by foreign governments

or companies in a service sector; and

(ii) the Department of Commerce, together with other

appropriate agencies as requested by the United States Trade

Representative, shall provide staff support and other assistance

for negotiations on service-related issues by the United States

Trade Representatives (FOOTNOTE 1) and the domestic

implementation of service-related agreements.

(FOOTNOTE 1) So in original. Probably should be

''Representative''.

(C) Nothing in this paragraph shall be construed to alter any

existing authority or responsibility with respect to any specific

service sector.

(2)(A) (FOOTNOTE 2) The President shall, as he deems appropriate

-

(FOOTNOTE 2) See Codification note below.

(i) consult with State governments on issues of trade policy,

including negotiating objectives and implementation of trade

agreements, affecting the regulatory authority of non-Federal

governments, or their procurement of goods and services;

(ii) establish one or more intergovernmental policy advisory

committees on trade which shall serve as a principal forum in

which State and local governments may consult with the Federal

Government with respect to the matters described in clause (i);

and

(iii) provide to State and local governments and to United

States service industries, upon their request, advice,

assistance, and (except as may be otherwise prohibited by law)

data, analyses, and information concerning United States policies

on international trade in services.

-SOURCE-

(Pub. L. 98-573, title III, Sec. 306(c)(1), (2)(A), Oct. 30, 1984,

98 Stat. 3010, 3011.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in par. (1)(A), is Pub. L. 98-573, Oct. 30,

1984, 98 Stat. 2984, known as the Trade and Tariff Act of 1984. For

classification of this Act to the Code, see Short Title of 1984

Amendment note set out under section 1654 of this title and Tables.

-COD-

CODIFICATION

Section was enacted as part of the International Trade and

Investment Act, and also as part of the Trade and Tariff Act of

1984, and not as part of the Trade Act of 1974 which comprises this

chapter.

Section is comprised of subsec. (c)(1), (2)(A) of section 306 of

Pub. L. 98-573. Subsec. (a) of such section is classified to

section 2114(b) of this title, subsec. (b) of such section amended

sections 3101, 3103, and 3104 of Title 22, Foreign Relations and

Intercourse, and enacted a provision set out as a note under

section 3101 of Title 22, and subsec. (c)(2)(B), (C) of such

section amended sections 2114, 2155, 2413, and 2414 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3312, 3512 of this title.

-CITE-

19 USC Sec. 2114d 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2114d. Foreign export requirements; consultations and

negotiations for reduction and elimination; restrictions on and

exclusion from entry of products or services; savings

provision; compensation authority applicable

-STATUTE-

(1) If the United States Trade Representative, with the advice of

the committee established by section 1872 of this title, determines

that action by the United States is appropriate to respond to any

export performance requirements of any foreign country or

instrumentality that adversely affect the economic interests of the

United States, then the United States Trade Representative shall

seek to obtain the reduction and elimination of such export

performance requirements through consultations and negotiations

with the foreign country or instrumentality concerned.

(2) In addition to the action referred to in subsection (1), the

United States Trade Representative may impose duties or other

import restrictions on the products or services of such foreign

country or instrumentality for such time as he determines

appropriate, including the exclusion from entry into the United

States of products subject to such requirements.

(3) Nothing in paragraph (2) shall apply to any products or

services with respect to which -

(A) any foreign direct investment (including a purchase of land

or facilities) has been made directly or indirectly by any United

States person before October 30, 1984, or

(B) any written commitment relating to a foreign direct

investment that is binding on October 30, 1984, has been made

directly or indirectly by any United States person.

(4) Whenever the international obligations of the United States

and actions taken under paragraph (2) make compensation necessary

or appropriate, compensation may be provided by the United States

Trade Representative subject to the limitations and conditions

contained in section 2133 of this title for providing compensation

for actions taken under section 2253 of this title.

-SOURCE-

(Pub. L. 98-573, title III, Sec. 307(b), Oct. 30, 1984, 98 Stat.

3012; Pub. L. 99-514, title XVIII, Sec. 1889(5), Oct. 22, 1986, 100

Stat. 2926.)

-COD-

CODIFICATION

Section was enacted as part of the International Trade and

Investment Act, and also as part of the Trade and Tariff Act of

1984, and not as part of the Trade Act of 1974 which comprises this

chapter.

Section is comprised of subsec. (b) of section 307 of Pub. L.

98-573. Subsec. (a) of such section amended section 2112(g)(3) of

this title.

-MISC3-

AMENDMENTS

1986 - Par. (3). Pub. L. 99-514 struck out ''or paragraph (3)''

after ''paragraph (2)''.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 2114e 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2114e. Negotiation of agreements concerning high technology

industries

-STATUTE-

The President may enter into such bilateral or multilateral

agreements as may be necessary or appropriate to achieve the

objectives of this section and the negotiating objectives under

section 2114a(c) of this title.

-SOURCE-

(Pub. L. 98-573, title III, Sec. 308(a), Oct. 30, 1984, 98 Stat.

3013.)

-REFTEXT-

REFERENCES IN TEXT

This section, referred to in text, means section 308 of Pub. L.

98-573. See Codification note below.

-COD-

CODIFICATION

Section was enacted as part of the International Trade and

Investment Act, and also as part of the Trade and Tariff Act of

1984, and not as part of the Trade Act of 1974 which comprises this

chapter.

Section is comprised of subsec. (a) of section 308 of Pub. L.

98-573. Subsec. (b) of such section 308 enacted section 2138 of

this title.

-CITE-

19 USC Sec. 2115 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2115. Bilateral trade agreements

-STATUTE-

If the President determines that bilateral trade agreements will

more effectively promote the economic growth of, and full

employment in, the United States, then, in such cases, a

negotiating objective under sections 2111 and 2112 of this title

shall be to enter into bilateral trade agreements. Each such trade

agreement shall provide for mutually advantageous economic

benefits.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 105, Jan. 3, 1975, 88 Stat. 1984.)

-CITE-

19 USC Sec. 2116 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2116. Agreements with developing countries

-STATUTE-

A United States negotiating objective under sections 2111 and

2112 of this title shall be to enter into trade agreements which

promote the economic growth of both developing countries and the

United States and the mutual expansion of market opportunities.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 106, Jan. 3, 1975, 88 Stat. 1985.)

-CITE-

19 USC Sec. 2117 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2117. International safeguard procedures

-STATUTE-

(a) Harmonization, reduction, or elimination of barriers and

distortions affecting international trade; use of temporary

measures

A principal United States negotiating objective under section

2112 of this title shall be to obtain internationally agreed upon

rules and procedures, in the context of the harmonization,

reduction, or elimination of barriers to, and other distortions of,

international trade, which permit the use of temporary measures to

ease adjustment to changes occurring in competitive conditions in

the domestic markets of the parties to an agreement resulting from

such negotiations due to the expansion of international trade.

(b) Permissible provisions

Any agreement entered into under section 2112 of this title may

include provisions establishing procedures for -

(1) notification of affected exporting countries,

(2) international consultations,

(3) international review of changes in trade flows,

(4) making adjustments in trade flows as the result of such

changes, and

(5) international mediation.

Such agreements may also include provisions which -

(A) exclude, under specified conditions, the parties thereto

from compensation obligations and retaliation, and

(B) permit domestic public procedures through which interested

parties have the right to participate.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 107, Jan. 3, 1975, 88 Stat. 1985.)

-CITE-

19 USC Sec. 2118 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2118. Access to supplies

-STATUTE-

(a) Fair and equitable access

A principal United States negotiating objective under section

2112 of this title shall be to enter into trade agreements with

foreign countries and instrumentalities to assure the United States

of fair and equitable access at reasonable prices to supplies of

articles of commerce which are important to the economic

requirements of the United States and for which the United States

does not have, or cannot easily develop, the necessary domestic

productive capacity to supply its own requirements.

(b) Continued availability; reciprocal concessions; comparable

trade obligations

Any agreement entered into under section 2112 of this title may

include provisions which -

(1) assure to the United States the continued availability of

important articles at reasonable prices, and

(2) provide reciprocal concessions or comparable trade

obligations, or both, by the United States.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 108, Jan. 3, 1975, 88 Stat. 1985.)

-CITE-

19 USC Sec. 2119 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-

Sec. 2119. Staging requirements and rounding authority

-STATUTE-

(a) Maximum aggregate reductions in rates of duty

Except as otherwise provided in this section, the aggregate

reduction in the rate of duty on any article which is in effect on

any day pursuant to a trade agreement under section 2111 of this

title shall not exceed the aggregate reduction which would have

been in effect on such day if -

(1) a reduction of 3 percent ad valorem or a reduction of

one-tenth of the total reduction, whichever is greater, had taken

effect on the effective date of the first reduction proclaimed

pursuant to section 2111(a)(2) of this title to carry out such

agreement with respect to such article, and

(2) a reduction equal to the amount applicable under paragraph

(1) had taken effect at 1-year intervals after the effective date

of such first reduction.

This subsection shall not apply in any case where the total

reduction in the rate of duty does not exceed 10 percent of the

rate before the reduction.

(b) Simplification of computation

If the President determines that such action will simplify the

computation of the amount of duty imposed with respect to an

article, he may exceed the limitation provided by section 2111(b)

of this title or subsection (a) of this section by not more than

whichever of the following is lesser:

(1) the difference between the limitation and the next lower

whole number, or

(2) one-half of 1 percent ad valorem.

(c) Ten-year period for commencement of reductions in rates of duty

(1) No reduction in the rate of duty on any article pursuant to a

trade agreement under section 2111 of this title shall take effect

more than 10 years after the effective date of the first reduction

proclaimed to carry out such trade agreement with respect to such

article.

(2) If any part of a reduction takes effect, then any time

thereafter during which any part of the reduction is not in effect

by reason of legislation of the United States or action thereunder,

the effect of which is to maintain or increase the rate of duty on

an article, shall be excluded in determining -

(A) the 1-year intervals referred to in subsection (a)(2) of

this section, and

(B) the expiration of the 10-year period referred to in

paragraph (1) of this subsection.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 109, Jan. 3, 1975, 88 Stat. 1985;

Pub. L. 96-39, title XI, Sec. 1106(c)(3), July 26, 1979, 93 Stat.

312.)

-MISC1-

AMENDMENTS

1979 - Subsec. (c)(2). Pub. L. 96-39 substituted ''any part of

the reduction'' for ''such part of the reduction''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 26, 1979, see section

1114 of Pub. L. 96-39, set out as an Effective Date note under

section 2581 of this title.

STAGING OF CERTAIN TARIFF REDUCTIONS

Section 503 of Pub. L. 96-39 provided that:

''(a) In General. - The aggregate reduction in the rate of duty

applicable to items described in this subsection in effect on any

day pursuant to a trade agreement entered into under section 101 of

the Trade Act of 1974 (19 U.S.C. 2111) before January 3, 1980, may

exceed the limitation in section 109(a) of such Act (19 U.S.C.

2119):

''(1) Items amended under section 223(d) of this Act (items

402.00 to 413.51 of the Tariff Schedules) to the extent that they

apply to articles which the President determines were not

imported into the United States before January 1, 1978, and were

not produced in the United States before May 1, 1978.

''(2)(A) Items to the extent that they apply to articles which

the President determines are not import sensitive and are the

product of a least developed developing country as defined in the

United Nations General Assembly list of ''Least Developed

Countries'' and which are beneficiary developing countries under

section 502 of the Trade Act of 1974 (19 U.S.C. 2462).

''(B) The President may at any time suspend the treatment

accorded under subparagraph (A) in which case the aggregate

reduction in effect for such products shall be the reduction in

effect for countries other than least developed developing

countries.

''(3) Item 628.57. Notwithstanding the first sentence of this

subsection, the limitation in section 109(a) of the Trade Act of

1974 may be exceeded only to the extent necessary to permit an

aggregate reduction of 4.8 percent ad valorem in the rate of duty

in effect under such item during the first 1-year period after

the effective date of the first reduction in the rate of duty

proclaimed for such item.

''(4) Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and

429.47.

''(5) Items 306.31, 306.32, 306.33, and 306.34. Notwithstanding

subsection (a), the limitation in section 109(a) of the Trade Act

of 1974 may be exceeded only to the extent necessary to permit

the total reduction proclaimed under section 101 of the Trade Act

of 1974 relating to such item to take effect within 2 years after

the effective date of the first reduction in the rate of duty

proclaimed for such item.

''(6) Items for which the President determines the effective

date of the first reduction will be after June 30, 1980, and

before January 1, 1981, to the extent necessary to permit the

second reduction to take effect on January 1, 1981.

''(b) Opportunity for Comment. - Before making any determination

under subsection (a)(1) and (2), the President shall provide

interested parties an opportunity to comment and shall publish his

final determinations in the Federal Register before July 1, 1980.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2134 of this title.

-CITE-

19 USC Part 2 - Other Authority 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

.

-HEAD-

Part 2 - Other Authority

-CITE-

19 USC Sec. 2131 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2131. Authorization of appropriation for GATT revision

-STATUTE-

There are authorized to be appropriated annually such sums as may

be necessary for the payment by the United States of its share of

the expenses of the Contracting Parties to the General Agreement on

Tariffs and Trade. This authorization does not imply approval or

disapproval by the Congress of all articles of the General

Agreement on Tariffs and Trade.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 121, Jan. 3, 1975, 88 Stat. 1986;

Pub. L. 96-39, title XI, Sec. 1106(c)(2), July 26, 1979, 93 Stat.

311; Pub. L. 100-418, title I, Sec. 1107(b)(2), Aug. 23, 1988, 102

Stat. 1135; Pub. L. 100-647, title IX, Sec. 9001(a)(1), Nov. 10,

1988, 102 Stat. 3806.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-647 substituted ''There are'' for ''(d) There

are''.

Subsecs. (a) to (c). Pub. L. 100-418 struck out subsec. (a) which

provided for bringing existing trade agreements into conformity

with principles promoting open, nondiscriminatory, and fair world

economic system, subsec. (b) which provided for agreements with

foreign countries or instrumentalities, and subsec. (c) which

provided for changes in Federal law through legislation

implementing trade agreements.

1979 - Subsec. (c). Pub. L. 96-39 substituted ''Such trade

agreement may be entered into under section 2112 of this title''

for ''Such trade agreement may be submitted to the Congress for

approval in accordance with the procedures of section 2191 of this

title''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 26, 1979, see section

1114 of Pub. L. 96-39, set out as an Effective Date note under

section 2581 of this title.

-CITE-

19 USC Sec. 2132 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2132. Balance-of-payments authority

-STATUTE-

(a) Presidential proclamations of temporary import surcharges and

temporary limitations on imports through quotas in situations

of fundamental international payments problems

Whenever fundamental international payments problems require

special import measures to restrict imports -

(1) to deal with large and serious United States

balance-of-payments deficits.

(2) to prevent an imminent and significant depreciation of the

dollar in foreign exchange markets, or

(3) to cooperate with other countries in correcting an

international balance-of-payments disequilibrium,

the President shall proclaim, for a period not exceeding 150 days

(unless such period is extended by Act of Congress) -

(A) a temporary import surcharge, not to exceed 15 percent ad

valorem, in the form of duties (in addition to those already

imposed, if any) on articles imported into the United States;

(B) temporary limitations through the use of quotas on the

importation of articles into the United States; or

(C) both a temporary import surcharge described in subparagraph

(A) and temporary limitations described in subparagraph (B).

The authority delegated under subparagraph (B) (and so much of

subparagraph (C) as relates to subparagraph (B)) may be exercised

(i) only if international trade or monetary agreements to which the

United States is a party permit the imposition of quotas as a

balance-of-payments measure, and (ii) only to the extent that the

fundamental imbalance cannot be dealt with effectively by a

surcharge proclaimed pursuant to subparagraph (A) or (C). Any

temporary import surcharge proclaimed pursuant to subparagraph (A)

or (C) shall be treated as a regular customs duty.

(b) Import restrictions not imposed when contrary to national

interest of United States

If the President determines that the imposition of import

restrictions under subsection (a) of this section will be contrary

to the national interest of the United States, then he may refrain

from proclaiming such restrictions and he shall -

(1) immediately inform Congress of his determination, and

(2) immediately convene the group of congressional official

advisers designated under section 2211(a) of this title and

consult with them as to the reasons for such determination.

(c) Presidential proclamations liberalizing imports

Whenever the President determines that fundamental international

payments problems require special import measures to increase

imports -

(1) to deal with large and persistent United States

balance-of-trade surpluses, as determined on the basis of the

cost-insurance-freight value of imports, as reported by the

Bureau of the Census, or

(2) to prevent significant appreciation of the dollar in

foreign exchange markets,

the President is authorized to proclaim, for a period of 150 days

(unless such period is extended by Act of Congress) -

(A) a temporary reduction (of not more than 5 percent ad

valorem) in the rate of duty on any article; and

(B) a temporary increase in the value or quantity of articles

which may be imported under any import restriction, or a

temporary suspension of any import restriction.

Import liberalizing actions proclaimed pursuant to this subsection

shall be of broad and uniform application with respect to product

coverage except that the President shall not proclaim measures

under this subsection with respect to those articles where in his

judgment such action will cause or contribute to material injury to

firms or workers in any domestic industry, including agriculture,

mining, fishing, or commerce, or to impairment of the national

security, or will otherwise be contrary to the national interest.

(d) Nondiscriminatory treatment of import restricting actions

(1) Import restricting actions proclaimed pursuant to subsection

(a) of this section shall be applied consistently with the

principle of nondiscriminatory treatment. In addition, any quota

proclaimed pursuant to subparagraph (B) of subsection (a) of this

section shall be applied on a basis which aims at a distribution of

trade with the United States approaching as closely as possible

that which various foreign countries might have expected to obtain

in the absence of such restrictions.

(2) Notwithstanding paragraph (1), if the President determines

that the purposes of this section will best be served by action

against one or more countries having large or persistent

balance-of-payments surpluses, he may exempt all other countries

from such action.

(3) After such time when there enters into force for the United

States new rules regarding the application of surcharges as part of

a reform of internationally agreed balance-of-payments adjustment

procedures, the exemption authority contained in paragraph (2)

shall be applied consistently with such new international rules.

(4) It is the sense of Congress that the President seek

modifications in international agreements aimed at allowing the use

of surcharges in place of quantitative restrictions (and providing

rules to govern the use of such surcharges) as a

balance-of-payments adjustment measure within the context of

arrangements for an equitable sharing of balance-of-payments

adjustment responsibility among deficit and surplus countries.

(e) Broad and uniform application of import restricting actions

Import restricting actions proclaimed pursuant to subsection (a)

of this section shall be of broad and uniform application with

respect to product coverage except where the President determines,

consistently with the purposes of this section, that certain

articles should not be subject to import restricting actions

because of the needs of the United States economy. Such exceptions

shall be limited to the unavailability of domestic supply at

reasonable prices, the necessary importation of raw materials,

avoiding serious dislocations in the supply of imported goods, and

other similar factors. In addition, uniform exceptions may be made

where import restricting actions will be unnecessary or ineffective

in carrying out the purposes of this section, such as with respect

to articles already subject to import restrictions, goods in

transit, or goods under binding contract. Neither the

authorization of import restricting actions nor the determination

of exceptions with respect to product coverage shall be made for

the purpose of protecting individual domestic industries from

import competition.

(f) Quantitative limitations

Any quantitative limitation proclaimed pursuant to subparagraph

(B) or (C) of subsection (a) of this section on the quantity or

value, or both, of an article -

(1) shall permit the importation of a quantity or value which

is not less than the quantity or value of such article imported

into the United States from the foreign countries to which such

limitation applies during the most recent period which the

President determines is representative of imports of such

article, and

(2) shall take into account any increase since the end of such

representative period in domestic consumption of such article and

like or similar articles of domestic manufacture or production.

(g) Suspension, modification, or termination of proclamations

The President may at any time, consistent with the provisions of

this section, suspend, modify, or terminate, in whole or in part,

any proclamation under this section either during the initial

150-day period of effectiveness or as extended by subsequent Act of

Congress.

(h) Termination of tariff concessions

No provision of law authorizing the termination of tariff

concessions shall be used to impose a surcharge on imports into the

United States.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 122, Jan. 3, 1975, 88 Stat. 1987.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2137 of this title.

-CITE-

19 USC Sec. 2133 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2133. Compensation authority

-STATUTE-

(a) New concessions

Whenever -

(1) any action taken under part 1 of subchapter II of this

chapter or subchapter III of this chapter, or under part 2 of

subchapter IV of this chapter; or

(2) any judicial or administrative tariff reclassification that

becomes final after August 23, 1988;

increases or imposes any duty or other import restriction, the

President -

(A) may enter into trade agreements with foreign countries or

instrumentalities for the purpose of granting new concessions as

compensation in order to maintain the general level of reciprocal

and mutually advantageous concessions; and

(B) may proclaim such modification or continuance of any

existing duty, or such continuance of existing duty-free or

excise treatment, as he determines to be required or appropriate

to carry out any such agreement.

(b) Reductions in rates of duty

(1) No proclamation shall be made pursuant to subsection (a) of

this section decreasing any rate of duty to a rate which is less

than 70 percent of the existing rate of duty.

(2) Where the rate of duty in effect at any time is an

intermediate stage under section 2902(a) of this title, the

proclamation made pursuant to subsection (a) of this section may

provide for the reduction of each rate of duty at each such stage

proclaimed under such section 2902(a) of this title by not more

than 30 percent of such rate of duty, and may provide for a final

rate of duty which is not less than 70 percent of the rate of duty

proclaimed as the final stage under such section 2902(a) of this

title.

(3) If the President determines that such action will simplify

the computation of the amount of duty imposed with respect to an

article, he may exceed the limitations provided by paragraphs (1)

and (2) of this subsection by not more than the lesser of -

(A) the difference between such limitation and the next lower

whole number, or

(B) one-half of 1 percent ad valorem.

(4) Any concessions granted under subsection (a)(1) of this

section shall be reduced and terminated according to substantially

the same time schedule for reduction applicable to the relevant

action under sections 2253(e) and 2254 of this title.

(c) Consideration of past violations of trade concessions

Before entering into any trade agreement under this section with

any foreign country or instrumentality, the President shall

consider whether such country or instrumentality has violated trade

concessions of benefit to the United States and such violation has

not been adequately offset by the action of the United States or by

such country or instrumentality.

(d) Basic authority for trade agreements as authority for granting

new concessions as compensation

Notwithstanding the provisions of subsection (a) of this section,

the authority delegated under section 2902 of this title shall be

used for the purpose of granting new concessions as compensation

within the meaning of this section until such authority terminates.

(e) International obligations determination prerequisite to

application of authority

The provisions of this section shall apply by reason of action

taken under subchapter III of this chapter only if the President

determines that action authorized under this section is necessary

or appropriate to meet the international obligations of the United

States.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 123, Jan. 3, 1975, 88 Stat. 1989;

Pub. L. 100-418, title I, Sec. 1104, 1401(b)(1)(A), Aug. 23, 1988,

102 Stat. 1132, 1239; Pub. L. 106-286, div. A, title I, Sec. 104,

Oct. 10, 2000, 114 Stat. 891.)

-MISC1-

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-286 inserted '', or under part

2 of subchapter IV of this chapter'' after ''subchapter III of this

chapter''.

1988 - Subsec. (a). Pub. L. 100-418, Sec. 1104(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''Whenever any action has been taken under section 2253 of

this title to increase or impose any duty or other import

restriction, the President -

''(1) may enter into trade agreements with foreign countries or

instrumentalities for the purpose of granting new concessions as

compensation in order to maintain the general level of reciprocal

and mutually advantageous concessions; and

''(2) may proclaim such modification or continuance of any

existing duty, or such continuance of existing duty-free or

excise treatment, as he determines to be required or appropriate

to carry out any such agreement.''

Subsec. (b)(2). Pub. L. 100-418, Sec. 1104(2), substituted

''section 2902(a)'' for ''section 2119'' and ''such section

2902(a)'' for ''section 2111'' in two places.

Subsec. (b)(4). Pub. L. 100-418, Sec. 1401(b)(1)(A), substituted

''action under sections 2253(e) and 2254 of this title'' for

''import relief under section 2253(h) of this title''.

Subsec. (d). Pub. L. 100-418, Sec. 1104(3), substituted ''section

2902'' for ''section 2111''.

Subsec. (e). Pub. L. 100-418, Sec. 1104(4), added subsec. (e).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1401(b)(1)(A) of Pub. L. 100-418 effective

Aug. 23, 1988, and applicable with respect to investigations

initiated under part 1 (Sec. 2251 et seq.) of subchapter III of

this chapter on or after that date, see section 1401(c) of Pub. L.

100-418, set out as a note under section 2251 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2114d, 2151, 2152, 2153,

2154, 2212, 2463, 3356 of this title.

-CITE-

19 USC Sec. 2134 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2134. Two-year residual authority to negotiate duties

-STATUTE-

(a) Trade agreements

Whenever the President determines that any existing duties or

other import restrictions of any foreign country or the United

States are unduly burdening and restricting the foreign trade of

the United States and that the purposes of this chapter will be

promoted thereby, the President -

(1) may enter into trade agreements with foreign countries or

instrumentalities thereof, and

(2) may proclaim such modification or continuance of any

existing duty, such continuance of existing duty-free or excise

treatment, or such additional duties, as he determines to be

required or appropriate to carry out any such trade agreement.

(b) Maximum volume of imported articles subject to reduction of

duties or continuance of duty-free or excise treatment

Agreements entered into under this section in any 1-year period

shall not provide for the reduction of duties, or the continuance

of duty-free or excise treatment, for articles which account for

more than 2 percent of the value of United States imports for the

most recent 12-month period for which import statistics are

available.

(c) Maximum reduction in duties

(1) No proclamation shall be made pursuant to subsection (a) of

this section decreasing any rate of duty to a rate which is less

than 80 percent of the existing rate of duty.

(2) No proclamation shall be made pursuant to subsection (a) of

this section decreasing or increasing any rate of duty to a rate

which is lower or higher than the corresponding rate which would

have resulted if the maximum authority granted by section 2111 of

this title with respect to such article had been exercised.

(3) Where the rate of duty in effect at any time is an

intermediate stage under section 2119 of this title, the

proclamation made pursuant to subsection (a) of this section may

provide for the reduction of each rate of duty at each such stage

proclaimed under section 2111 of this title by not more than 20

percent of such rate of duty, and, subject to the limitation in

paragraph (2), may provide for a final rate of duty which is not

less than 80 percent of the rate of duty proclaimed as the final

stage under section 2111 of this title.

(4) If the President determines that such action will simplify

the computation of the amount of duty imposed with respect to an

article, he may exceed the limitations provided by paragraphs (1)

and (2) of this subsection by not more than the lesser of -

(A) the difference between such limitation and the next lower

whole number, or

(B) one-half of 1 percent ad valorem.

(d) Two-year period of authority

Agreements may be entered into under this section only during the

2-year period which immediately follows the close of the period

during which agreements may be entered into under section 2111 of

this title.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 124, Jan. 3, 1975, 88 Stat. 1990.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see References in

Text note set out under section 2101 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2212 of this title.

-CITE-

19 USC Sec. 2135 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2135. Termination and withdrawal authority

-STATUTE-

(a) Grant of authority for termination or withdrawal at end of

period specified in agreement

Every trade agreement entered into under this chapter shall be

subject to termination, in whole or in part, or withdrawal, upon

due notice, at the end of a period specified in the agreement.

Such period shall be not more than 3 years from the date on which

the agreement becomes effective. If the agreement is not

terminated or withdrawn from at the end of the period so specified,

it shall be subject to termination or withdrawal thereafter upon

not more than 6 months' notice.

(b) Authority to terminate proclamations at any time

The President may at any time terminate, in whole or in part, any

proclamation made under this chapter.

(c) Increased duties or other import restrictions following

withdrawal, suspension, or modification of obligations with

respect to trade of foreign countries or instrumentalities

Whenever the United States, acting in pursuance of any of its

rights or obligations under any trade agreement entered into

pursuant to this chapter, section 1821 of this title, or section

1351 of this title, withdraws, suspends, or modifies any obligation

with respect to the trade of any foreign country or instrumentality

thereof, the President is authorized to proclaim increased duties

or other import restrictions, to the extent, at such times, and for

such periods as he deems necessary or appropriate, in order to

exercise the rights or fulfill the obligations of the United

States. No proclamation shall be made under this subsection

increasing any existing duty to a rate more than 50 percent above

the rate set forth in rate column numbered 2 of the Tariff

Schedules of the United States, as in effect on January 1, 1975, or

20 percent ad valorem above the rate existing on January 1, 1975,

whichever is higher.

(d) Retaliatory authority

Whenever any foreign country or instrumentality withdraws,

suspends, or modifies the application of trade agreement

obligations of benefit to the United States without granting

adequate compensation therefor, the President, in pursuance of

rights granted to the United States under any trade agreement and

to the extent necessary to protect United States economic interests

(including United States balance of payments), may -

(1) withdraw, suspend, or modify the application of

substantially equivalent trade agreement obligations of benefit

to such foreign country or instrumentality, and

(2) proclaim under subsection (c) of this section such

increased duties or other import restrictions as are appropriate

to effect adequate compensation from such foreign country or

instrumentality.

(e) Continuation of duties or other import restrictions after

termination of or withdrawal from agreements

Duties or other import restrictions required or appropriate to

carry out any trade agreement entered into pursuant to this

chapter, section 1821 of this title, or section 1351 of this title

shall not be affected by any termination, in whole or in part, of

such agreement or by the withdrawal of the United States from such

agreement and shall remain in effect after the date of such

termination or withdrawal for 1 year, unless the President by

proclamation provides that such rates shall be restored to the

level at which they would be but for the agreement. Within 60 days

after the date of any such termination or withdrawal, the President

shall transmit to the Congress his recommendations as to the

appropriate rates of duty for all articles which were affected by

the termination or withdrawal or would have been so affected but

for the preceding sentence.

(f) Public hearings

Before taking any action pursuant to subsection (b), (c), or (d)

of this section, the President shall provide for a public hearing

during the course of which interested persons shall be given a

reasonable opportunity to be present, to produce evidence, and to

be heard, unless he determines that such prior hearings will be

contrary to the national interest because of the need for

expeditious action, in which case he shall provide for a public

hearing promptly after such action.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 125, Jan. 3, 1975, 88 Stat. 1991.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (b), (c), (e), was in the

original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88

Stat. 1978, as amended, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of this title

and Tables.

The Tariff Schedules of the United States, referred to in subsec.

(c), to be treated as a reference to the Harmonized Tariff Schedule

pursuant to section 3012 of this title. The Harmonized Tariff

Schedule is not set out in the Code. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of this title.

-MISC2-

AUTHORITY TO INCREASE DUTIES ON IMPORTS OF CERTAIN TOBACCO AND

TOBACCO PRODUCTS

Pub. L. 103-465, title IV, Sec. 421, Dec. 8, 1994, 108 Stat.

4964, provided that:

''(a) In General. - In the application of section 125(c) of the

Trade Act of 1974 (19 U.S.C. 2135) with respect to any item

provided for in subheadings 2401.10.60, 2401.20.30, 2401.20.80,

2401.30.30, 2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or

2403.99.00 of the HTS, '350' shall be substituted for '20' where it

appears in such section.

''(b) Effective Date. - This section shall take effect on the

date of the enactment of this Act (Dec. 8, 1994).''

TARIFF REDUCTIONS UNDER TRADE AGREEMENTS ACT OF 1979

Pub. L. 96-39, title V, Sec. 502(b), July 26, 1979, 93 Stat. 251,

provided that: ''For purposes of section 125 (19 U.S.C. 2135) of

the Trade Act of 1974 the amendments made under sections 508, 511,

512, and 513 (amending items 135.41, 135.42, 750.26, 750.27,

750.28, 870.45, 905.10, and 905.11 of the Tariff Schedules of the

United States. See Publication of Tariff Schedules note under

section 1202 of this title) not including the rates of duty

appearing in rate column numbered 2, if any, shall be considered to

be trade agreement obligations entered into under the Trade Act of

1974 (this chapter), of benefit to foreign countries or

instrumentalities.''

Pub. L. 96-39, title VI, Sec. 601(b), July 26, 1979, 93 Stat.

268, provided that: ''For purposes of section 125 of the Trade Act

of 1974 (this section), the amendments made under subsection (a),

if any (amending the Tariff Schedules of the United States with

regard to civil aircraft (see Publication of Tariff Schedules note

under section 1202), and, amending section 1466 of this title),

shall be considered to be trade agreement obligations entered into

under the Trade Act of 1974 (this chapter) of benefit to foreign

countries or instrumentalities.''

Rates of duty proclaimed under section 855(a) of Pub. L. 96-39

(covering spirits, spiritous beverages, and beverage preparations)

to be deemed, for purposes of this section, a trade agreement

obligation which is of benefit to a foreign country or

instrumentality, and, in the case of any item affected by such a

proclamation, the last sentence of subsec. (c) of this section to

be applied as if it authorized (in addition to any increase

authorized therein) an increase up to the rate of duty for such

item set forth in rate column numbered 1 of subpart D of part 12 of

schedule 1 of the Tariff Schedules of the United States (see

Publication of Tariff Schedules note under section 1202 of this

title) as amended by section 852 of Pub. L. 96-39, see section

855(b) of Pub. L. 96-39.

REVIEW OF INTERNATIONAL TRADE IN ALCOHOLIC BEVERAGES

Pub. L. 96-39, title VIII, Sec. 854, July 26, 1979, 93 Stat. 294,

provided that:

''(a) Review. - The President shall review foreign tariff and

nontariff barriers affecting United States exports of alcoholic

beverages. Not later than January 1, 1982, the President shall

report to the Congress the results of his review.

''(b) Withdrawal of Concessions. - If, as the result of his

review under subsection (a), the President determines that a

foreign country or instrumentality has not implemented concessions

to the United States affecting alcoholic beverages which were

negotiated in trade agreements entered into before January 3, 1980,

under the authority of title I of the Trade Act of 1974 (this

subchapter), the President shall withdraw, suspend, or modify the

application of substantially equivalent trade agreement obligations

of benefit to such foreign country or instrumentality under section

125 of the Trade Act of 1974 (19 U.S.C. 2135).

''(c) Further Negotiations To Remove Barriers. - If, as the

result of his review under subsection (a), the President determines

that foreign tariff or nontariff barriers are unduly burdening or

restricting the United States exports of alcoholic beverages, he

shall enter into negotiations under the Trade Act of 1974 (this

chapter) to eliminate or reduce such barriers.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2581, 2904, 3003, 3105,

3810 of this title.

-CITE-

19 USC Sec. 2136 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2136. Reciprocal nondiscriminatory treatment

-STATUTE-

(a) Direct and indirect imports

Except as otherwise provided in this chapter or in any other

provision of law, any duty or other import restriction or duty-free

treatment proclaimed in carrying out any trade agreement under this

subchapter shall apply to products of all foreign countries,

whether imported directly or indirectly.

(b) Presidential determination of whether major industrial

countries have made substantially equivalent concessions to the

United States

The President shall determine, after the conclusion of all

negotiations entered into under this chapter or at the end of the

5-year period beginning on January 3, 1975, whichever is earlier,

whether any major industrial country has failed to make concessions

under trade agreements entered into under this chapter which

provide competitive opportunities for the commerce of the United

States in such country substantially equivalent to the competitive

opportunities, provided by concessions made by the United States

under trade agreements entered into under this chapter, for the

commerce of such country in the United States.

(c) Major industrial countries

For purposes of this section, ''major industrial country'' means

Canada, the European Economic Community, the individual member

countries of such Community, Japan, and any other foreign country

designated by the President for purposes of this subsection.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 126, Jan. 3, 1975, 88 Stat. 1992;

Pub. L. 105-362, title XIV, Sec. 1401(b)(1), Nov. 10, 1998, 112

Stat. 3294.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b), was in the

original ''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88

Stat. 1978, as amended, which is classified principally to this

chapter. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of this title

and Tables.

-MISC2-

AMENDMENTS

1998 - Subsecs. (c), (d). Pub. L. 105-362 redesignated subsec.

(d) as (c) and struck out former subsec. (c) which related to

recommendations to Congress for legislation following a

Presidential determination that a major industrial country failed

to grant equivalent concessions.

TRANSACTIONS INVOLVING LIBYA

This section to have no effect with respect to Libya in view of

prohibition of import into United States of any goods or services

of Libyan origin other than publications and materials imported for

news publications or broadcast dissemination, see Ex. Ord. No.

12543, Jan. 7, 1986, 51 F.R. 875, set out under section 1701 of

Title 50, War and National Defense.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2254, 2503, 2518, 2904,

3810 of this title.

-CITE-

19 USC Sec. 2137 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2137. Reservation of articles for national security or other

reasons

-STATUTE-

(a) National security considerations

No proclamation shall be made pursuant to the provisions of this

chapter reducing or eliminating the duty or other import

restriction on any article if the President determines that such

reduction or elimination would threaten to impair the national

security.

(b) Action taken under other laws

While there is in effect with respect to any article any action

taken under section 2253 of this title, or section 1862 or 1981 of

this title, the President shall reserve such article from

negotiations under this subchapter (and from any action under

section 2132(c) of this title) contemplating reduction or

elimination of -

(A) any duty on such article,

(B) any import restriction imposed under such section, or

(C) any other import restriction, the removal of which will be

likely to undermine the effect of the import restrictions

referred to in subparagraph (B).

In addition, the President shall also so reserve any other article

which he determines to be appropriate, taking into consideration

information and advice available pursuant to and with respect to

the matters covered by sections 2151, 2152, and 2153 of this title,

where applicable.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 127(a), (b), Jan. 3, 1975, 88 Stat.

1993.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), was in the original

''this Act'', meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978,

as amended, which is classified principally to this chapter. For

complete classification of this Act to the Code, see References in

Text note set out under section 2101 of this title and Tables.

-COD-

CODIFICATION

Section is comprised of subsecs. (a) and (b) of section 127 of

act Jan. 3, 1975. Subsec. (c) of such section was classified to

section 1863 of this title, prior to its repeal by Pub. L. 100-418,

title I, Sec. 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and

subsec. (d) amended section 1862 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2904, 3810 of this title.

-CITE-

19 USC Sec. 2138 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 2 - Other Authority

-HEAD-

Sec. 2138. Omitted

-COD-

CODIFICATION

Section, Pub. L. 93-618, title I, Sec. 128, as added Pub. L.

98-573, title III, Sec. 308(b)(1), Oct. 30, 1984, 98 Stat. 3013;

amended Pub. L. 99-514, title XVIII, Sec. 1887(b)(1), Oct. 22,

1986, 100 Stat. 2924; Pub. L. 100-418, title I, Sec. 1214(j)(1),

1215, Aug. 23, 1988, 102 Stat. 1158, 1163; Pub. L. 100-647, title

IX, Sec. 9001(a)(3), Nov. 10, 1988, 102 Stat. 3806, related to

modification and continuance of treatment with respect to duties on

high technology products, was omitted pursuant to subsec. (c) which

provided that the President could exercise authority under this

section only during the 5-year period beginning on Oct. 30, 1984.

-CITE-

19 USC Part 3 - Hearings and Advice Concerning

Negotiations 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 3 - Hearings and Advice Concerning Negotiations

.

-HEAD-

Part 3 - Hearings and Advice Concerning Negotiations

-CITE-

19 USC Sec. 2151 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-

Sec. 2151. Advice from International Trade Commission

-STATUTE-

(a) Lists of articles which may be considered for action

(1) In connection with any proposed trade agreement under section

2133 of this title or section 3803(a) or (b) of this title, the

President shall from time to time publish and furnish the

International Trade Commission (hereafter in this section referred

to as the ''Commission'') with lists of articles which may be

considered for modification or continuance of United States duties,

continuance of United States duty-free or excise treatment, or

additional duties. In the case of any article with respect to

which consideration may be given to reducing or increasing the rate

of duty, the list shall specify the provision of this subchapter

under which such consideration may be given.

(2) In connection with any proposed trade agreement under section

3803(b) of this title, the President may from time to time publish

and furnish the Commission with lists of nontariff matters which

may be considered for modification.

(b) Advice to President by Commission

Within 6 months after receipt of a list under subsection (a) of

this section or, in the case of a list submitted in connection with

a trade agreement, within 90 days after receipt of such list, the

Commission shall advise the President, with respect to each article

or nontariff matter, of its judgment as to the probable economic

effect of modification of the tariff or nontariff measure on

industries producing like or directly competitive articles and on

consumers, so as to assist the President in making an informed

judgment as to the impact which might be caused by such

modifications on United States interests, such as sectors involved

in manufacturing, agriculture, mining, fishing, services,

intellectual property, investment, labor, and consumers. Such

advice may include in the case of any article the advice of the

Commission as to whether any reduction in the rate of duty should

take place over a longer period of time than the minimum period

provided for in section 3803(a)(3)(A) of this title.

(c) Additional investigations and reports requested by President or

Trade Representative

In addition, in order to assist the President in his

determination whether to enter into any agreement under section

2133 of this title or section 3803 of this title, or how to develop

trade policy, priorities or other matters (such as priorities for

actions to improve opportunities in foreign markets), the

Commission shall make such investigations and reports as may be

requested by the President or the United States Trade

Representative on matters such as effects of modification of any

barrier to (or other distortion of) international trade on domestic

workers, industries or sectors, purchasers, prices and quantities

of articles in the United States.

(d) Commission steps in preparing its advice to President

In preparing its advice to the President under this section, the

Commission shall to the extent practicable -

(1) investigate conditions, causes, and effects relating to

competition between the foreign industries producing the articles

or services in question and the domestic industries producing the

like or directly competitive articles or services;

(2) analyze the production, trade, and consumption of each like

or directly competitive article or service, taking into

consideration employment, profit levels, and use of productive

facilities with respect to the domestic industries concerned, and

such other economic factors in such industries as it considers

relevant, including prices, wages, sales, inventories, patterns

of demand, capital investment, obsolescence of equipment, and

diversification of production;

(3) describe the probable nature and extent of any significant

change in employment, profit levels, and use of productive

facilities; the overall impact of such or other possible changes

on the competitiveness of relevant domestic industries or

sectors; and such other conditions as it deems relevant in the

domestic industries or sectors concerned which it believes such

modifications would cause; and

(4) make special studies (including studies of real wages paid

in foreign supplying countries), whenever deemed to be warranted,

of particular proposed modifications affecting United States

manufacturing, agriculture, mining, fishing, labor, consumers,

services, intellectual property and investment, using to the

fullest extent practicable United States Government facilities

abroad and appropriate personnel of the United States.

(e) Public hearings

In preparing its advice to the President under this section, the

Commission shall, after reasonable notice, hold public hearings.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 131, Jan. 3, 1975, 88 Stat. 1994;

Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.

1135; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(2), Aug. 6,

2002, 116 Stat. 1019.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a)(1). Pub. L. 107-210, Sec. 2110(a)(2)(A)(i),

substituted ''section 2133 of this title or section 3803(a) or (b)

of this title,'' for ''section 2133 of this title or section

2902(a) or (c) of this title,''.

Subsec. (a)(2). Pub. L. 107-210, Sec. 2110(a)(2)(A)(ii),

substituted ''section 3803(b) of this title'' for ''section 2902(b)

or (c) of this title''.

Subsec. (b). Pub. L. 107-210, Sec. 2110(a)(2)(B), substituted

''section 3803(a)(3)(A) of this title'' for ''section 2902(a)(3)(A)

of this title''.

Subsec. (c). Pub. L. 107-210, Sec. 2110(a)(2)(C), substituted

''section 3803 of this title,'' for ''section 2902 of this

title,''.

1988 - Pub. L. 100-418 amended section generally, substituting

present provisions for provisions which related to: in subsec. (a),

lists of articles which could be considered for modification or

continuance of duties, duty-free or excise treatment, or additional

duties; in subsec. (b), advice to President following receipt of

list by Commission; in subsec. (c), additional investigations and

reports requested by President; in subsec. (d), Commission steps in

preparing its advice to President; and in subsec. (e), public

hearings.

-TRANS-

DELEGATION OF AUTHORITY

For delegation of functions of President under div. B of Pub. L.

107-210, amending this section, see section 1 of Ex. Ord. No.

13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under

section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2137, 2153, 2154, 2212,

2463 of this title.

-CITE-

19 USC Sec. 2152 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-

Sec. 2152. Advice from executive departments and other sources

-STATUTE-

Before any trade agreement is entered into under section 2133 of

this title or section 3803 of this title, the President shall seek

information and advice with respect to such agreement from the

Departments of Agriculture, Commerce, Defense, Interior, Labor,

State and the Treasury, from the United States Trade

Representative, and from such other sources as he may deem

appropriate. Such advice shall be prepared and presented

consistent with the provisions of Reorganization Plan Number 3 of

1979, Executive Order Number 12188 and section 2171(c) of this

title.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 132, Jan. 3, 1975, 88 Stat. 1995;

Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.

1137; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(3), Aug. 6,

2002, 116 Stat. 1020.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Number 3 of 1979, referred to in text, is set

out as a note under section 2171 of this title.

Executive Order Number 12188, referred to in text, is set out as

a note under section 2171 of this title.

-MISC2-

AMENDMENTS

2002 - Pub. L. 107-210 substituted ''section 3803 of this

title,'' for ''section 2902 of this title,''.

1988 - Pub. L. 100-418 amended section generally. Prior to

amendment, section read as follows: ''Before any trade agreement is

entered into under part 1 of this subchapter or section 2133 or

2134 of this title, the President shall seek information and advice

with respect to such agreement from the Departments of Agriculture,

Commerce, Defense, Interior, Labor, State and the Treasury, from

the United States Trade Representative, and from such other sources

as he may deem appropriate.''

-TRANS-

DELEGATION OF AUTHORITY

For delegation of functions of President under div. B of Pub. L.

107-210, amending this section, see section 1 of Ex. Ord. No.

13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under

section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2137, 2463 of this title.

-CITE-

19 USC Sec. 2153 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-

Sec. 2153. Public hearings

-STATUTE-

(a) Opportunity for presentation of views

In connection with any proposed trade agreement under section

2133 of this title or section 3803 of this title, the President

shall afford an opportunity for any interested person to present

his views concerning any article on a list published under section

2151 of this title, any matter or article which should be so

listed, any concession which should be sought by the United States,

or any other matter relevant to such proposed trade agreement. For

this purpose, the President shall designate an agency or an

interagency committee which shall, after reasonable notice, hold

public hearings and prescribe regulations governing the conduct of

such hearings. When appropriate, such procedures shall apply to

the development of trade policy and priorities.

(b) Summary of hearings

The organization holding such hearing shall furnish the President

with a summary thereof.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 133, Jan. 3, 1975, 88 Stat. 1995;

Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.

1137; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(3), Aug. 6,

2002, 116 Stat. 1020.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210 substituted ''section 3803 of

this title,'' for ''section 2902 of this title,''.

1988 - Pub. L. 100-418 amended section generally. Prior to

amendment, section read as follows:

''(a) In connection with any proposed trade agreement under part

1 of this subchapter or section 2133 or 2134 of this title, the

President shall afford an opportunity for any interested person to

present his views concerning any article on a list published

pursuant to section 2151 of this title, any article which should be

so listed, any concession which should be sought by the United

States, or any other matter relevant to such proposed trade

agreement. For this purpose, the President shall designate an

agency or an interagency committee which shall, after reasonable

notice, hold public hearings and prescribe regulations governing

the conduct of such hearings.

''(b) The organization holding such hearings shall furnish the

President with a summary thereof.''

-TRANS-

DELEGATION OF AUTHORITY

For delegation of functions of President under div. B of Pub. L.

107-210, amending this section, see section 1 of Ex. Ord. No.

13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under

section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2137, 2154, 2463 of this

title.

-CITE-

19 USC Sec. 2154 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-

Sec. 2154. Prerequisites for offers

-STATUTE-

(a) In any negotiation seeking an agreement under section 2133 of

this title or section 3803 of this title, the President may make a

formal offer for the modification or continuance of any United

States duty, import restrictions, or barriers to (or other

distortions of) international trade, the continuance of United

States duty-free or excise treatment, or the imposition of

additional duties, import restrictions, or other barrier to (or

other distortion of) international trade including trade in

services, foreign direct investment and intellectual property as

covered by this subchapter, with respect to any article or matter

only after he has received a summary of the hearings at which an

opportunity to be heard with respect to such article has been

afforded under section 2153 of this title. In addition, the

President may make an offer for the modification or continuance of

any United States duty, the continuance of United States duty-free

or excise treatment, or the imposition of additional duties, with

respect to any article included in a list published and furnished

under section 2151(a) of this title, only after he has received

advice concerning such article from the Commission under section

2151(b) of this title, or after the expiration of the 6-month or

90-day period provided for in that section, as appropriate,

whichever first occurs.

(b) In determining whether to make offers described in subsection

(a) of this section in the course of negotiating any trade

agreement under section 3803 of this title, and in determining the

nature and scope of such offers, the President shall take into

account any advice or information provided, or reports submitted,

by -

(1) the Commission;

(2) any advisory committee established under section 2155 of

this title; or

(3) any organization that holds public hearings under section

2153 of this title;

with respect to any article, or domestic industry, that is

sensitive, or potentially sensitive, to imports.

-SOURCE-

(Pub. L. 93-618, title I, Sec. 134, Jan. 3, 1975, 88 Stat. 1995;

Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.

1137; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(3), (4),

Aug. 6, 2002, 116 Stat. 1020.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210, Sec. 2110(a)(3), substituted

''section 3803 of this title,'' for ''section 2902 of this

title,''.

Subsec. (b). Pub. L. 107-210, Sec. 2110(a)(4), substituted

''section 3803 of this title'' for ''section 2902 of this title''

in introductory provisions.

1988 - Pub. L. 100-418 amended section generally. Prior to

amendment, section read as follows: ''In any negotiations seeking

an agreement under part 1 of this subchapter or section 2133 or

2134 of this title, the President may make an offer for the

modification or continuance of any United States duty, import

restrictions, or barriers to (or other distortions of)

international trade, the continuance of United States duty-free or

excise treatment, or the imposition of additional duties, import

restriction, or other barrier to (or other distortion of)

international trade, with respect to any article only after he has

received a summary of the hearings at which an opportunity to be

heard with respect to such article has been afforded under section

2153 of this title. In addition, the President may make an offer

for the modification or continuance of any United States duty, the

continuance of United States duty-free or excise treatment, or the

imposition of additional duties, with respect to any article

included in a list published and furnished under section 2151(a) of

this title, only after he has received advice concerning such

article from the International Trade Commission under section

2151(b) of this title, or after the expiration of the 6-month or

90-day period provided for in that section, as appropriate,

whichever first occurs.''

-TRANS-

DELEGATION OF AUTHORITY

For delegation of functions of President under div. B of Pub. L.

107-210, amending this section, see section 1 of Ex. Ord. No.

13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under

section 3801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2463 of this title.

-CITE-

19 USC Sec. 2155 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-

Sec. 2155. Information and advice from private and public sectors

-STATUTE-

(a) In general

(1) The President shall seek information and advice from

representative elements of the private sector and the non-Federal

governmental sector with respect to -

(A) negotiating objectives and bargaining positions before

entering into a trade agreement under this subchapter or section

3803 of this title;

(B) the operation of any trade agreement once entered into,

including preparation for dispute settlement panel proceedings to

which the United States is a party; and

(C) other matters arising in connection with the development,

implementation, and administration of the trade policy of the

United States, including those matters referred to in

Reorganization Plan Number 3 of 1979 and Executive Order Numbered

12188, and the priorities for actions thereunder.

To the maximum extent feasible, such information and advice on

negotiating objectives shall be sought and considered before the

commencement of negotiations.

(2) The President shall consult with representative elements of

the private sector and the non-Federal governmental sector on the

overall current trade policy of the United States. The

consultations shall include, but are not limited to, the following

elements of such policy:

(A) The principal multilateral and bilateral trade negotiating

objectives and the progress being made toward their achievement.

(B) The implementation, operation, and effectiveness of

recently concluded multilateral and bilateral trade agreements

and resolution of trade disputes.

(C) The actions taken under the trade laws of the United States

and the effectiveness of such actions in achieving trade policy

objectives.

(D) Important developments in other areas of trade for which

there must be developed a proper policy response.

(3) The President shall take the advice received through

consultation under paragraph (2) into account in determining the

importance which should be placed on each major objective and

negotiating position that should be adopted in order to achieve the

overall trade policy of the United States.

(b) Advisory Committee for Trade Policy and Negotiations

(1) The President shall establish an Advisory Committee for Trade

Policy and Negotiations to provide overall policy advice on matters

referred to in subsection (a) of this section. The committee shall

be composed of not more than 45 individuals and shall include

representatives of non-Federal governments, labor, industry,

agriculture, small business, service industries, retailers,

nongovernmental environmental and conservation organizations, and

consumer interests. The committee shall be broadly representative

of the key sectors and groups of the economy, particularly with

respect to those sectors and groups which are affected by trade.

Members of the committee shall be recommended by the United States

Trade Representative and appointed by the President for a term of 2

years. An individual may be reappointed to committee for any

number of terms. Appointments to the Committee (FOOTNOTE 1) shall

be made without regard to political affiliation.

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(2) The committee shall meet as needed at the call of the United

States Trade Representative or at the call of two-thirds of the

members of the committee. The chairman of the committee shall be

elected by the committee from among its members.

(3) The United States Trade Representative shall make available

to the committee such staff, information, personnel, and

administrative services and assistance as it may reasonably require

to carry out its activities.

(c) General policy, sectoral, or functional advisory committees

(1) The President may establish individual general policy

advisory committees for industry, labor, agriculture, services,

investment, defense, and other interests, as appropriate, to

provide general policy advice on matters referred to in subsection

(a) of this section. Such committees shall, insofar as is

practicable, be representative of all industry, labor,

agricultural, service, investment, defense, and other interests,

respectively, including small business interests, and shall be

organized by the United States Trade Representative and the

Secretaries of Commerce, Defense, Labor, Agriculture, the Treasury,

or other executive departments, as appropriate. The members of

such committees shall be appointed by the United States Trade

Representative in consultation with such Secretaries.

(2) The President shall establish such sectoral or functional

advisory committees as may be appropriate. Such committees shall,

insofar as is practicable, be representative of all industry,

labor, agricultural, or service interests (including small business

interests) in the sector or functional areas concerned. In

organizing such committees, the United States Trade Representative

and the Secretaries of Commerce, Labor, Agriculture, the Treasury,

or other executive departments, as appropriate, shall -

(A) consult with interested private organizations; and

(B) take into account such factors as -

(i) patterns of actual and potential competition between

United States industry and agriculture and foreign enterprise

in international trade,

(ii) the character of the nontariff barriers and other

distortions affecting such competition,

(iii) the necessity for reasonable limits on the number of

such advisory committees,

(iv) the necessity that each committee be reasonably limited

in size, and

(v) in the case of each sectoral committee, that the product

lines covered by each committee be reasonably related.

(3) The President -

(A) may, if necessary, establish policy advisory committees

representing non-Federal governmental interests to provide policy

advice -

(i) on matters referred to in subsection (a) of this section,

and

(ii) with respect to implementation of trade agreements, and

(B) shall include as members of committees established under

subparagraph (A) representatives of non-Federal governmental

interests if he finds such inclusion appropriate after

consultation by the United States Trade Representative with such

representatives.

(4) Appointments to each committee established under paragraph

(1), (2), or (3) shall be made without regard to political

affiliation.

(d) Policy, technical, and other advice and information

Committees established under subsection (c) of this section shall

meet at the call of the United States Trade Representative and the

Secretaries of Agriculture, Commerce, Labor, Defense, or other

executive departments, as appropriate, to provide policy advice,

technical advice and information, and advice on other factors

relevant to the matters referred to in subsection (a) of this

section.

(e) Meeting of advisory committees at conclusion of negotiations

(1) The Advisory Committee for Trade Policy and Negotiations,

each appropriate policy advisory committee, and each sectoral or

functional advisory committee, if the sector or area which such

committee represents is affected, shall meet at the conclusion of

negotiations for each trade agreement entered into under section

3803 of this title, to provide to the President, to Congress, and

to the United States Trade Representative a report on such

agreement. Each report that applies to a trade agreement entered

into under section 3803 of this title shall be provided under the

preceding sentence not later than the date on which the President

notifies the Congress under section 3805(a)(1)(A) of this title of

his intention to enter into that agreement.

(2) The report of the Advisory Committee for Trade Policy and

Negotiations and each appropriate policy advisory committee shall

include an advisory opinion as to whether and to what extent the

agreement promotes the economic interests of the United States and

achieves the applicable overall and principal negotiating

objectives set forth in section 3802 of this title, as appropriate.

(3) The report of the appropriate sectoral or functional

committee under paragraph (1) shall include an advisory opinion as

to whether the agreement provides for equity and reciprocity within

the sector or within the functional area.

(f) Application of Federal Advisory Committee Act

The provisions of the Federal Advisory Committee Act apply -

(1) to the Advisory Committee for Trade Policy and Negotiations

established under subsection (b) of this section; and

(2) to all other advisory committees which may be established

under subsection (c) of this section; except that the meetings of

advisory committees established under subsections (b) and (c) of

this section shall be exempt from the requirements of subsections

(a) and (b) of sections 10 and 11 of the Federal Advisory

Committee Act (relating to open meetings, public notice, public

participation, and public availability of documents), whenever

and to the extent it is determined by the President or his

designee that such meetings will be concerned with matters the

disclosure of which would seriously compromise the development by

the United States Government of trade policy, priorities,

negotiating objectives or bargaining positions with respect to

matters referred to in subsection (a) of this section, and that

meetings may be called of such special task forces, plenary

meetings of chairmen, or other such groups made up of members of

the committees established under subsections (b) and (c) of this

section.

(g) Trade secrets and confidential information

(1) Trade secrets and commercial or financial information which

is privileged or confidential, and which is submitted in confidence

by the private sector or non-Federal government to officers or

employees of the United States in connection with trade

negotiations, may be disclosed upon request to -

(A) officers and employees of the United States designated by

the United States Trade Representative;

(B) members of the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate who

are designated as official advisers under section 2211(a)(1) of

this title or are designated by the chairmen of either such

committee under section 2211(b)(3)(A) of this title and staff

members of either such committee designated by the chairmen under

section 2211(b)(3)(A) of this title; and

(C) members of any committee of the House or Senate or any

joint committee of Congress who are designated as advisers under

section 2211(a)(2) of this title or designated by the chairman of

such committee under section 2211(b)(3)(B) of this title and

staff members of such committee designated under section

2211(b)(3)(B) of this title, but disclosure may be made under

this subparagraph only with respect to trade secrets or

commercial or financial information that is relevant to trade

policy matters or negotiations that are within the legislative

jurisdiction of such committee;

for use in connection with matters referred to in subsection (a) of

this section.

(2) Information other than that described in paragraph (1), and

advice submitted in confidence by the private sector or non-Federal

government to officers or employees of the United States, to the

Advisory Committee for Trade Policy and Negotiations, or to any

advisory committee established under subsection (c) of this

section, in connection with matters referred to in subsection (a)

of this section, may be disclosed upon request to -

(A) the individuals described in paragraph (1); and

(B) the appropriate advisory committee established under this

section.

(3) Information submitted in confidence by officers or employees

of the United States to the Advisory Committee for Trade Policy and

Negotiations, or to any advisory committee established under

subsection (c) of this section, may be disclosed in accordance with

rules issued by the United States Trade Representative and the

Secretaries of Commerce, Labor, Defense, Agriculture, or other

executive departments, as appropriate, after consultation with the

relevant advisory committees established under subsection (c) of

this section. Such rules shall define the categories of

information which require restricted or confidential handling by

such committee considering the extent to which public disclosure of

such information can reasonably be expected to prejudice the

development of trade policy, priorities, or United States

negotiating objectives. Such rules shall, to the maximum extent

feasible, permit meaningful consultations by advisory committee

members with persons affected by matters referred to in subsection

(a) of this section.

(h) Advisory committee support

The United States Trade Representative, and the Secretaries of

Commerce, Labor, Defense, Agriculture, the Treasury, or other

executive departments, as appropriate, shall provide such staff,

information, personnel, and administrative services and assistance

to advisory committees established under subsection (c) of this

section as such committees may reasonably require to carry out

their activities.

(i) Consultation with advisory committees; procedures;

nonacceptance of committee advice or recommendations

It shall be the responsibility of the United States Trade

Representative, in conjunction with the Secretaries of Commerce,

Labor, Agriculture, the Treasury, or other executive departments,

as appropriate, to adopt procedures for consultation with and

obtaining information and advice from the advisory committees

established under subsection (c) of this section on a continuing

and timely basis. Such consultation shall include the provision of

information to each advisory committee as to -

(1) significant issues and developments; and

(2) overall negotiating objectives and positions of the United

States and other parties;

with respect to matters referred to in subsection (a) of this

section. The United States Trade Representative shall not be bound

by the advice or recommendations of such advisory committees, but

shall inform the advisory committees of significant departures from

such advice or recommendations made. In addition, in the course of

consultations with the Congress under this subchapter, information

on the advice and information provided by advisory committees shall

be made available to congressional advisers.

(j) Private organizations or groups

In addition to any advisory committee established under this

section, the President shall provide adequate, timely and

continuing opportunity for the submission on an informal basis

(and, if such information is submitted under the provisions of

subsection (g) of this section, on a confidential basis) by private

organizations or groups, representing government, labor, industry,

agriculture, small business, service industries, consumer

interests, and others, of statistics, data and other trade

information, as well as policy recommendations, pertinent to any

matter referred to in subsection (a) of this section.

(k) Scope of participation by members of advisory committees

Nothing contained in this section shall be construed to authorize

or permit any individual to participate directly in any negotiation

of any matters referred to in subsection (a) of this section. To

the maximum extent practicable, the members of the committees

established under subsections (b) and (c) of this section, and

other appropriate parties, shall be informed and consulted before

and during any such negotiations. They may be designated as

advisors to a negotiating delegation, and may be permitted to

participate in international meetings to the extent the head of the

United States delegation deems appropriate. However, they may not

speak or negotiate for the United States.

(l) Advisory committees established by Department of Agriculture

The provisions of title XVIII of the Food and Agriculture Act of

1977 (7 U.S.C. 2281 et seq.) shall not apply to any advisory

committee established under subsection (c) of this section.

(m) ''Non-Federal government'' defined

As used in this section, the term ''non-Federal government''

means -

(1) any State, territory, or possession of the United States,

or the District of Columbia, or any political subdivision

thereof; or

(2) any agency or instrumentality of any entity described in

paragraph (1).

-SOURCE-

(Pub. L. 93-618, title I, Sec. 135, Jan. 3, 1975, 88 Stat. 1996;

Pub. L. 96-39, title XI, Sec. 1103, July 26, 1979, 93 Stat. 308;

Pub. L. 98-573, title III, Sec. 306(c)(2)(B), Oct. 30, 1984, 98

Stat. 3011; Pub. L. 99-514, title XVIII, Sec. 1887(a)(2), Oct. 22,

1986, 100 Stat. 2923; Pub. L. 100-418, title I, Sec. 1631, Aug. 23,

1988, 102 Stat. 1264; Pub. L. 103-465, title I, Sec. 127(f), 128,

Dec. 8, 1994, 108 Stat. 4836; Pub. L. 107-210, div. B, title XXI,

Sec. 2110(a)(5), Aug. 6, 2002, 116 Stat. 1020.)

-REFTEXT-

REFERENCES IN TEXT

Reorganization Plan Number 3 of 1979, referred to in subsec.

(a)(1)(C), is set out as a note under section 2171 of this title.

Executive Order Numbered 12188, referred to in subsec. (a)(1)(C),

is set out as a note under section 2171 of this title.

The Federal Advisory Committee Act, referred to in subsec (f), is

Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

The Food and Agriculture Act of 1977, referred to in subsec. (l),

is Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title

XVIII of the Act is classified generally to chapter 55A (Sec. 2281

et seq.) of Title 7, Agriculture. For complete classification of

this Act to the Code, see Short Title of 1977 Amendment note set

out under section 1281 of Title 7 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(1)(A). Pub. L. 107-210, Sec. 2110(a)(5)(A),

substituted ''section 3803 of this title'' for ''section 2902 of

this title''.

Subsec. (e)(1). Pub. L. 107-210, Sec. 2110(a)(5)(B), substituted

''section 3803 of this title'' for ''section 2902 of this title''

in two places and ''section 3805(a)(1)(A) of this title'' for

''section 2903(a)(1)(A) of this title''.

Subsec. (e)(2). Pub. L. 107-210, Sec. 2110(a)(5)(C), substituted

''section 3802 of this title'' for ''section 2901 of this title''.

1994 - Subsec. (a)(1)(B). Pub. L. 103-465, Sec. 127(f), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: ''the operation of any trade agreement once entered into;

and''.

Subsec. (b)(1). Pub. L. 103-465, Sec. 128, inserted

''nongovernmental environmental and conservation organizations,''

after ''retailers,''.

1988 - Pub. L. 100-418 amended section generally, substituting

present provisions for provisions which, in the following

subsections, had related to: subsec. (a), information and advice on

trade agreements and other matters; subsec. (b), Advisory Committee

for Trade Negotiations; subsec. (c), general policy, sectoral,

functional, or policy advisory committees; subsec. (d), policy

advice, technical advice and information, and other advice; subsec.

(e), meeting of advisory committees at conclusion of negotiations

for trade agreements; subsec. (f), Federal Advisory Committee Act;

subsec. (g), trade secrets and confidential commercial, financial,

or other information; subsec. (h), staff, information, personnel,

and administrative services and assistance to advisory committees;

subsec. (i), consultation with advisory committees; adoption of

procedures; nonacceptance of committee advice or recommendations;

subsec. (j), private or non-Federal government organizations or

groups; subsec. (k), direct participation in negotiations by

private individuals not authorized; information, consultation,

participation of committee members and appropriate parties in

international meetings; restrictions; subsec. (l), advisory

committees established by Department of Agriculture; and subsec.

(m), definition of ''non-Federal government''.

1986 - Subsecs. (m), (n). Pub. L. 99-514 redesignated subsec. (n)

as (m).

1984 - Subsec. (a). Pub. L. 98-573, Sec. 306(c)(2)(B)(i),

inserted ''and the non-Federal governmental sector'' after

''private sector''.

Subsec. (c)(3). Pub. L. 98-573, Sec. 306(c)(2)(B)(ii), added par.

(3).

Subsec. (g)(1)(A), (B). Pub. L. 98-573, Sec. 306(c)(2)(B)(iii),

inserted ''or non-Federal government'' after ''private''.

Subsec. (j). Pub. L. 98-573, Sec. 306(c)(2)(B)(iii), (iv),

inserted ''or non-Federal government'' after ''private'' and

''government,'' before ''labor, industry''.

Subsec. (n). Pub. L. 98-573, Sec. 306(c)(2)(B)(v), added subsec.

(n).

1979 - Subsec. (a). Pub. L. 96-39, Sec. 1103(1), (2), struck out

'', in accordance with the provisions of this section,'' after

''President'' and required the seeking of information and advice

respecting operation of a trade agreement once entered into and

respecting other matters arising in connection with the

administration of trade policy of the United States.

Subsec. (b)(1). Pub. L. 96-39, Sec. 1103(3), substituted

''matters referred to in subsection (a) of this section'' for ''any

trade agreement referred to in section 2111 or 2112 of this

title''.

Subsec. (b)(2). Pub. L. 96-39, Sec. 1103(4), substituted

requirement that the members elect the Chairman of the Committee

from among its membership for provision designating the Special

Representative as Chairman and struck out provision for termination

of the Committee upon submission of its report to Congress as soon

as practical after the end of the period which ends 5 years after

Jan. 3, 1975.

Subsec. (c)(1). Pub. L. 96-39, Sec. 1103(5), inserted a comma

after ''initiative'', included references to ''services'', and

substituted ''general policy advice on matters referred to in

subsection (a) of this section'' for ''general policy advice on any

trade agreement referred to in section 2111 or 2112 of this

title'', ''Special Representative for Trade Negotiations'' for

''President acting through the Special Representative for Trade

Negotiations'' and ''or Agriculture'' for ''and Agriculture''.

Subsec. (c)(2). Pub. L. 96-39, Sec. 1103(6)-(9), substituted

''The President shall establish such sectoral or functional

advisory committees as may be appropriate'' for ''The President

shall, on his own initiative or at the request of organizations in

a particular sector, establish such industry, labor, or

agricultural sector advisory committees as he determines to be

necessary for any trade negotiations referred to in section 2111 or

2112 of this title'' and ''Such committees shall, insofar as is

practicable, be representative of all industry, labor,

agricultural, or service interests (including small business

interests) in the sector or functional areas concerned'' for ''Such

committees shall, so far as practicable, be representative of all

industry, labor, or agricultural interests including small business

interests in the sector concerned'' and ''the Special

Representative for Trade Negotiations'' for ''the President, acting

through the Special Representative for Trade Negotiations'', struck

out ''product sector'' before ''advisory committees'', and inserted

'', in the case of each sectoral committee,'' before ''the product

lines''.

Subsec. (d). Pub. L. 96-39, Sec. 1103(10), required committee

meetings to be also summoned at joint instance of Secretary of

Agriculture, Commerce, or Labor, as appropriate, previously

required to be called before and during trade negotiations, struck

out item (1) through (3) designation for ''policy advice'',

''technical advice'' and ''advice on other factors'', struck out

''on negotiations'' and ''on negotiations on particular products

both domestic and foreign'' after ''policy advice'' and ''technical

advice and information'' and substituted ''factors relevant to the

matters referred to in subsection (a) of this section'' for

''factors relevant to positions of the United States in trade

negotiations.''

Subsec. (e). Pub. L. 96-39, Sec. 1103(11)-(14), redesignated par.

(1) as entire provision, and in provision as so redesignated,

substituted ''each sector or functional advisory committee, if the

sector or area'' for ''each sector advisory committee, if the

sector'', ''appropriate sector or functional area'' for

''appropriate sector'', and ''within the sector or within the

functional area'' for ''within the sector'', and struck out par.

(2) which required a report to Congress by the Advisory Committee

for Trade Negotiations by each policy advisory committee, and, each

sector advisory committee as soon as practicable at end of the

period ending 5 years after Jan. 3, 1975, including advisory

opinions of the respective committees as to how the trade

agreements serve the economic interests of United States and how

provision is made for equity and reciprocity within the sector.

Subsec. (f)(2). Pub. L. 96-39, Sec. 1103(15)(A), (B), substituted

''committees'' for ''groups'' and ''with respect to matters

referred to in subsection (a) of this section'' for ''on the

negotiation of any trade agreement''.

Subsec. (g). Pub. L. 96-39, Sec. 1103(16), (17)(A), (B),

substituted in par. (1)(A) ''matters referred to in subsection (a)

of this section'' for ''a trade agreement referred to in section

2111 or 2112 of this title'', in par. (1)(B) ''matters referred to

in subsection (a) of this section'' for ''trade negotiations'', and

in par. (2) ''matters referred to in subsection (a) of this title''

for ''proposed trade agreements''.

Subsec. (i). Pub. L. 96-39, Sec. 1103(18)(A)-(C), struck out in

provision before cl. (1) '', both during preparation for

negotiations and actual negotiations'' after ''basis'' and in cl.

(1) ''arising in preparation for or in the course of such

negotiations'' after ''developments'' and substituted in cl. (2)

''with respect to matters referred to in subsection (a) of this

section'' for ''to the negotiations''.

Subsec. (j). Pub. L. 96-39, Sec. 1103(19), substituted ''matters

referred to in subsection (a) of this section'' for ''trade

agreement referred to in section 2111 or 2112 of this title''.

Subsec. (k). Pub. L. 96-39, Sec. 1103(19), (20), substituted

''matters referred to in subsection (a) of this section'' for

''trade agreement referred to in section 2111 or 2112 of this

title'' and provided for information to and consultations with

committee members and appropriate parties and participation in

international meetings without becoming spokesmen or negotiators

for the United States.

Subsec. (l). Pub. L. 96-39, Sec. 1103(21), added subsec. (l).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

WTO Agreement enters into force with respect to the United States

(Jan. 1, 1995), see section 130 of Pub. L. 103-465, set out as an

Effective Date note under section 3531 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 26, 1979, see section

1114 of Pub. L. 96-39, set out as an Effective Date note under

section 2581 of this title.

-TRANS-

DELEGATION OF AUTHORITY

For delegation of functions of President under div. B of Pub. L.

107-210, amending this section, see section 1 of Ex. Ord. No.

13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under

section 3801 of this title.

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-EXEC-

EX. ORD. NO. 12905. TRADE AND ENVIRONMENT POLICY ADVISORY COMMITTEE

Ex. Ord. No. 12905, Mar. 25, 1994, 59 F.R. 14733, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including the Federal

Advisory Committee Act, as amended (5 U.S.C. App.), and section

135(c)(1) of the Trade Act of 1974, as amended (19 U.S.C.

2155(c)(1)) (''Act''), it is hereby ordered as follows:

Section 1. Establishment. There is established in the Office of

the United States Trade Representative (''Trade Representative''())

the ''Trade and Environment Policy Advisory Committee''

(''Committee'').

Sec. 2. Membership. (a) The Committee shall consist of not more

than 35 members, including, but not limited to, representatives

from environmental interest groups, industry (including the

environmental technology and environmental services industries),

agriculture, services, non-Federal government, and consumer

interests. The Committee should be broadly representative of the

key sectors and groups of the economy with an interest in trade and

environmental policy issues.

(b) The Chairman of the Committee shall be elected by the

Committee from among its members. Members of the Committee shall

be appointed by the Trade Representative, in consultation with the

Cabinet secretaries described in section 2155(c)(1) of title 19,

United States Code, for a term of 2 years and may be reappointed

for any number of terms. Appointments to the Committee shall be

made without regard to political affiliation. Any member may be

removed at the discretion of the Trade Representative.

Sec. 3. Functions. (a) The Committee shall provide the Trade

Representative with policy advice on issues involving trade and the

environment.

(b) The Committee shall submit a report to the President, to the

Congress, and to the Trade Representative at the conclusion of

negotiations for each trade agreement referred to in section 102 of

the Act (19 U.S.C. 2112). The report shall include an advisory

opinion on whether and to what extent the agreement promotes the

interests of the United States.

(c) The Committee may establish such subcommittees of its members

as it deems necessary, subject to the provisions of the Federal

Advisory Committee Act and the approval of the Trade

Representative, or his designee.

(d) The Committee shall report its activities to the Trade

Representative, or his designee.

Sec. 4. Administration. (a) The Trade Representative, or his

designee, with the advice of the Chairman, shall be responsible for

prior approval of the agendas for all Committee meetings.

(b) The Trade Representative, or his designee, shall be

responsible for determinations, filings, and other administrative

requirements of the Federal Advisory Committee Act.

(c)(1) The Trade Representative shall provide funding and

administrative and staff support for the Committee.

(2) The Committee shall have an Executive Director who shall be a

Federal officer or employee designated by the Trade Representative.

(d) Members of the Committee shall serve without either

compensation or reimbursement of expenses.

(e) The Committee shall meet as needed at the call of the Trade

Representative or his designee, depending on various factors such

as the level of activity of trade negotiations and the needs of the

Trade Representative, or at the call of two-thirds of the members

of the Committee.

Sec. 5. General. The Committee shall function for such period as

may be necessary. In accordance with the Federal Advisory

Committee Act (5 App. U.S.C.), the Committee shall terminate after

2 years from the date of this order unless otherwise extended.

William J. Clinton.