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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''(A) that the firm has no reasonable access to financing

through the private capital market, and

''(B) that the firm's adjustment proposal -

''(i) is reasonably calculated materially to contribute to

the economic adjustment of the firm,

''(ii) gives adequate consideration to the interests of the

workers of such firm, and

''(iii) demonstrates that the firm will make all reasonable

efforts to use its own resources for economic development.''

Subsecs. (c), (d). Pub. L. 99-272, Sec. 13006(a)(2), redesignated

subsec. (d) as (c) and struck out former subsec. (c) which

authorized the Secretary to assist an eligible firm in the

preparation of a viable adjustment proposal.

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2346 of this title.

-CITE-

19 USC Sec. 2343 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2343. Technical assistance

-STATUTE-

(a) Discretion of Secretary; types of assistance

The Secretary may provide a firm, on terms and conditions as the

Secretary determines to be appropriate, with such technical

assistance as in his judgment will carry out the purposes of this

part with respect to the firm. The technical assistance furnished

under this part may consist of one or more of the following:

(1) Assistance to a firm in preparing its petition for

certification of eligibility under section 2341 of this title.

(2) Assistance to a certified firm in developing a proposal for

its economic adjustment.

(3) Assistance to a certified firm in the implementation of

such a proposal.

(b) Utilization of existing agencies, private individuals, etc., in

furnishing assistance; grants to intermediary organizations

(1) The Secretary shall furnish technical assistance under this

part through existing agencies and through private individuals,

firms, or institutions (including private consulting services), or

by grants to intermediary organizations (including Trade Adjustment

Assistance Centers).

(2) In the case of assistance furnished through private

individuals, firms, or institutions (including private consulting

services), the Secretary may share the cost thereof (but not more

than 75 percent of such cost for assistance described in paragraph

(2) or (3) of subsection (a) of this section may be borne by the

United States).

(3) The Secretary may make grants to intermediary organizations

in order to defray up to 100 percent of administrative expenses

incurred in providing such technical assistance to a firm.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 253, Jan. 3, 1975, 88 Stat. 2031;

Pub. L. 97-35, title XXV, Sec. 2521, Aug. 13, 1981, 95 Stat. 890;

Pub. L. 99-272, title XIII, Sec. 13006(a)(3), Apr. 7, 1986, 100

Stat. 304.)

-MISC1-

AMENDMENTS

1986 - Subsec. (b)(2). Pub. L. 99-272 substituted ''such cost for

assistance described in paragraph (2) or (3) of subsection (a) of

this section'' for ''such cost''.

1981 - Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,

incorporating provisions formerly contained in subsec. (b) and, in

those provisions, substituted discretionary language for

non-discretionary language relating to the assistance furnished and

allowed the giving of assistance to firms in the preparation of

their petitions for certification of eligibility under section 2341

of this title.

Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,

incorporating in pars. (1) and (2) provisions formerly contained in

subsec. (c), inserted reference to grants to intermediary

organizations (including Trade Adjustment Assistance Centers) in

par. (1), and added par. (3). Provisions formerly contained in

subsec. (b) were transferred to subsec. (a).

Subsec. (c). Pub. L. 97-35 struck out subsec. (c) and transferred

the provisions to subsec. (b)(1) and (2).

EFFECTIVE DATE OF 1981 AMENDMENT

Section 2529 of Pub. L. 97-35 provided that:

''(a) Subject to subsection (b), the amendments made by this

subtitle (subtitle B (Sec. 2521-2529) of title XXV of Pub. L.

97-35, enacting section 2355 of this title, amending this section

and sections 2344 to 2347 of this title, and repealing section 2353

of this title) shall take effect on the date of the enactment of

this Act (Aug. 13, 1981).

''(b) Applications for adjustment assistance under chapter 3 of

title II of the Trade Act of 1974 (this part) which the Secretary

of Commerce accepted for processing before the date of the

enactment of this Act (Aug. 13, 1981) shall continue to be

processed in accordance with the requirements of such chapter as in

effect before such date of enactment.''

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2350 of this title.

-CITE-

19 USC Sec. 2344 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2344. Financial assistance

-STATUTE-

(a) Direct loans and guarantees of loans

The Secretary may provide to a firm, on such terms and conditions

as he determines to be appropriate, such financial assistance in

the form of direct loans or guarantees of loans as in his judgment

will materially contribute to the economic adjustment of the firm.

The assumption of an outstanding indebtedness of the firm, with or

without recourse, shall be considered to be the making of a loan

for purposes of this section.

(b) Allowable purposes

Loans or guarantees of loans shall be made under this part only

for the purpose of making funds available to the firm -

(1) for acquisition, construction, installation, modernization,

development, conversion, or expansion of land, plant, buildings,

equipment, facilities, or machinery, or

(2) to supply such working capital as may be necessary to

enable the firm to implement its adjustment proposal.

(c) Limitation on direct loans

No direct loan may be provided to a firm under this part if the

firm can obtain loan funds from private sources (with or without a

guarantee) at a rate no higher than the maximum interest per annum

that a participating financial institution may establish on

guaranteed loans made pursuant to section 636(a) of title 15.

(d) Limitations on loans and guarantees

Notwithstanding any other provision of this part, no direct loans

or guarantees of loans may be made under this part after April 7,

1986.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 254, Jan. 3, 1975, 88 Stat. 2031;

Pub. L. 97-35, title XXV, Sec. 2522, Aug. 13, 1981, 95 Stat. 891;

Pub. L. 99-272, title XIII, Sec. 13006(b), Apr. 7, 1986, 100 Stat.

304.)

-MISC1-

AMENDMENTS

1986 - Subsec. (d). Pub. L. 99-272 added subsec. (d).

1981 - Subsec. (c). Pub. L. 97-35 substituted provisions relating

to limitation on direct loans on the basis of interest rates on

loans under section 636(a) of title 15 for provisions relating to

limitation on direct loans on the basis of interest rates under

section 2345(b) of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as

otherwise provided with respect to applications for adjustment

assistance, see section 2529 of Pub. L. 97-35, set out as a note

under section 2343 of this title.

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2345, 2347, 2350 of this

title.

-CITE-

19 USC Sec. 2345 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2345. Conditions for financial assistance

-STATUTE-

(a) Unavailability of firm's resources; reasonable assurance of

repayment

No financial assistance shall be provided under this part unless

the Secretary determines -

(1) that the funds required are not available from the firm's

own resources; and

(2) that there is reasonable assurance of repayment of the

loan.

(b) Interest rates

(1) The rate of interest on direct loans made under this part

shall be -

(A) a rate determined by the Secretary of the Treasury taking

into consideration the current average market yield on

outstanding marketable obligations of the United States with

remaining periods of maturity that are comparable to the average

maturities of such loans, adjusted to the nearest one-eighth of 1

percent, plus

(B) an amount adequate in the judgment of the Secretary of

Commerce to cover administrative costs and probable losses under

the program.

(2) The Secretary may not guarantee any loan under this part if -

(A) the rate of interest on either the portion to be

guaranteed, or the portion not to be guaranteed, is determined by

the Secretary to be excessive when compared with other loans

bearing Federal guarantees and subject to similar terms and

conditions, and

(B) the interest on the loan is exempt from Federal income

taxation under section 103 of title 26.

(c) Maturity of loans

The Secretary shall make no loan or guarantee of a loan under

section 2344(b)(1) of this title having a maturity in excess of 25

years or the useful life of the fixed assets (whichever period is

shorter), including renewals and extensions; and shall make no loan

or guarantee of a loan under section 2344(b)(2) of this title

having a maturity in excess of 10 years, including extensions and

renewals. Such limitations on maturities shall not, however, apply

-

(1) to securities or obligations received by the Secretary as

claimant in bankruptcy or equitable reorganization, or as

creditor in other proceedings attendant upon insolvency of the

obligor, or

(2) to an extension or renewal for an additional period not

exceeding 10 years, if the Secretary determines that such

extension or renewal is reasonably necessary for the orderly

liquidation or servicing of the loan.

(d) Priority for small firms; servicing of loans

(1) In making guarantees of loans, and in making direct loans,

the Secretary shall give priority to firms which are small within

the meaning of the Small Business Act (15 U.S.C. 631 et seq.) (and

regulations promulgated thereunder).

(2) For any direct loan made, or any loan guaranteed, under the

authority of this part, the Secretary may enter into arrangements

for the servicing, including foreclosure, of such loans or

evidences of indebtedness on terms which are reasonable and which

protect the financial interests of the United States.

(e) Loan guarantee conditions

The following conditions apply with respect to any loan

guaranteed under this part:

(1) No guarantee may be made for an amount which exceeds 90

percent of the outstanding balance of the unpaid principal and

interest on the loan.

(2) The loan may be evidenced by multiple obligations for the

guaranteed and nonguaranteed portions of the loan.

(3) The guarantee agreement shall be conclusive evidence of the

eligibility of any obligation guaranteed thereunder for such

guarantee, and the validity of any guarantee agreement shall be

incontestable, except for fraud or misrepresentation by the

holder.

(f) Operating reserves

The Secretary shall maintain operating reserves with respect to

anticipated claims under guarantees made under this part. Such

reserves shall be considered to constitute obligations for purposes

of sections 1108(c) and (d), 1501, and 1502(a) of title 31.

(g) Fees to lenders which make loan guarantees

The Secretary may charge a fee to a lender which makes a loan

guaranteed under this part in such amount as is necessary to cover

the cost of administration of such guarantee.

(h) Maximum aggregate amount of outstanding guaranteed or direct

loans

(1) The aggregate amount of loans made to any firm which are

guaranteed under this part and which are outstanding at any time

shall not exceed $3,000,000.

(2) The aggregate amount of direct loans made to any firm under

this part which are outstanding at any time shall not exceed

$1,000,000.

(i) Preference for firms having employee stock ownership plans

(1) When considering whether to grant a direct loan or to

guarantee a loan to a corporation which is otherwise certified

under section 2341 of this title, the Secretary shall give

preference to a corporation which agrees with respect to such loan

to fulfill the following requirements -

(A) 25 percent of the principal amount of the loan is paid by

the lender to a qualified trust established under an employee

stock ownership plan established and maintained by the recipient

corporation, by a parent or subsidiary of such corporation, or by

several corporations including the recipient corporation,

(B) the employee stock ownership plan meets the requirements of

this subsection, and

(C) the agreement among the recipient corporation, the lender,

and the qualified trust relating to the loan meets the

requirements of this section.

(2) An employee stock ownership plan does not meet the

requirements of this subsection unless the governing instrument of

the plan provides that -

(A) the amount of the loan paid under paragraph (1)(A) to the

qualified trust will be used to purchase qualified employer

securities,

(B) the qualified trust will repay to the lender the amount of

such loan, together with the interest thereon, out of amounts

contributed to the trust by the recipient corporation, and

(C) from time to time, as the qualified trust repays such

amount, the trust will allocate qualified employer securities

among the individual accounts of participants and their

beneficiaries in accordance with the provisions of paragraph (4).

(3) The agreement among the recipient corporation, the lender,

and the qualified trust does not meet the requirements of this

subsection unless -

(A) it is unconditionally enforceable by any party against the

others, jointly and severally,

(B) it provides that the liability of the qualified trust to

repay loan amounts paid to the qualified trust may not, at any

time, exceed an amount equal to the amount of contributions

required under paragraph (2)(B) which are actually received by

such trust,

(C) it provides that amounts received by the recipient

corporation from the qualified trust for qualified employer

securities purchased for the purpose of this subsection will be

used exclusively by the recipient corporation for those purposes

for which it may use that portion of the loan paid directly to it

by the lender,

(D) it provides that the recipient corporation may not reduce

the amount of its equity capital during the one year period

beginning on the date on which the qualified trust purchases

qualified employer securities for purposes of this subsection,

and

(E) it provides that the recipient corporation will make

contributions to the qualified trust of not less than such

amounts as are necessary for such trust to meet its obligation to

make repayments of principal and interest on the amount of the

loan received by the trust without regard to whether such

contributions are deductible by the corporation under section 404

of title 26 and without regard to any other amounts the recipient

corporation is obligated under law to contribute to or under the

employee stock ownership plan.

(4) At the close of each plan year, an employee stock ownership

plan shall allocate to the accounts of participating employees that

portion of the qualified employer securities the cost of which

bears substantially the same ratio to the cost of all the qualified

employer securities purchased under paragraph (2)(A) of this

subsection as the amount of the loan principal and interest repaid

by the qualified trust during that year bears to the total amount

of the loan principal and interest payable by such trust during the

term of such loan. Qualified employer securities allocated to the

individual account of a participant during one plan year must bear

substantially the same proportion to the amount of all such

securities allocated to all participants in the plan as the amount

of compensation paid to such participant bears to the total amount

of compensation paid to all such participants during that year.

(5) For purposes of this subsection, the term -

(A) ''employee stock ownership plan'' means a plan described in

section 4975(e)(7) of title 26,

(B) ''qualified trust'' means a trust established under an

employee stock ownership plan and meeting the requirements of

title I of the Employee Retirement Income Security Act of 1974

(29 U.S.C. 1001 et seq.) and section 401 of title 26,

(C) ''qualified employer securities'' means common stock issued

by the recipient corporation or by a parent or subsidiary of such

corporation with voting power and dividend rights no less

favorable than the voting power and dividend rights on other

common stock issued by the issuing corporation and with voting

power being exercised by the participants in the employee stock

ownership plan after it is allocated to their plan accounts, and

(D) ''equity capital'' means, with respect to the recipient

corporation, the sum of its money and other property (in an

amount equal to the adjusted basis of such property but

disregarding adjustments made on account of depreciation or

amortization made during the period described in paragraph

(3)(D)), less the amount of its indebtedness.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 255, Jan. 3, 1975, 88 Stat. 2031;

Pub. L. 97-35, title XXV, Sec. 2523, Aug. 13, 1981, 95 Stat. 891;

Pub. L. 98-120, Sec. 4(a), Oct. 12, 1983, 97 Stat. 809; Pub. L.

99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

The Small Business Act, referred to in subsec. (d)(1), is Pub. L.

85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

The Employee Retirement Income Security Act of 1974, referred to

in subsec. (i)(5)(B), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat.

829, as amended. Title I of the Employee Retirement Income

Security Act of 1974 is classified generally to subchapter I (Sec.

1001 et seq.) of chapter 18 of Title 29, Labor. For complete

classification of this Act to the Code, see Short Title note set

out under section 1001 of Title 29 and Tables.

-COD-

CODIFICATION

In subsec. (f), ''sections 1108(c) and (d), 1501, and 1502(a) of

title 31'' substituted for ''section 1311 of the Supplemental

Appropriation Act, 1955 (31 U.S.C. 200)'' on authority of Pub. L.

97-258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section

of which enacted Title 31, Money and Finance.

-MISC3-

AMENDMENTS

1986 - Subsecs. (b)(2)(B), (i)(3)(E), (5)(A), (B). Pub. L. 99-514

substituted ''Internal Revenue Code of 1986'' for ''Internal

Revenue Code of 1954'', which for purposes of codification was

translated as ''title 26'' thus requiring no change in text.

1983 - Subsec. (i). Pub. L. 98-120 added subsec. (i).

1981 - Subsec. (b). Pub. L. 97-35, Sec. 2523(1), amended subsec.

(b) generally, substituting provisions limiting the maximum rate of

interest on loans guaranteed under this part on the basis of

comparison with other Federally guarantee loans for provisions

limiting the maximum interest rate on the basis of 15 U.S.C. 636(a)

and inserting provisions prohibiting the guarantee of loans if the

interest is tax exempt.

Subsec. (c). Pub. L. 97-35, Sec. 2523(2), inserted references to

section 2344 of this title, alternative limitation of useful life

of asset, and prohibition of guarantees in excess of 10 years in

provisions preceding par. (1) and inserted ''or servicing'' in par.

(2).

Subsec. (d). Pub. L. 97-35, Sec. 2523(3), designated existing

provisions as par. (1) and added par. (2).

Subsec. (e). Pub. L. 97-35, Sec. 2523(4), substituted provisions

respecting conditions applicable to loan guarantees for provisions

relating to percentage maximum on loan guarantees which are covered

in par. (1).

EFFECTIVE DATE OF 1983 AMENDMENT

Section 4(b) of Pub. L. 98-120 provided that: ''The amendment

made by subsection (a) (amending this section) shall become

effective on the date of the enactment of this Act (Oct. 12,

1983).''

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as

otherwise provided with respect to applications for adjustment

assistance, see section 2529 of Pub. L. 97-35, set out as a note

under section 2343 of this title.

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Sec. 2346 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2346. Delegation of functions to Small Business Administration

-STATUTE-

(a) Delegation of functions as to eligibility certification

In the case of any firm which is small (within the meaning of the

Small Business Act (15 U.S.C. 631 et seq.) and regulations

promulgated thereunder), the Secretary may delegate all of his

functions under this part (other than the functions under sections

2341 and 2342(d) (FOOTNOTE 1) of this title with respect to the

certification of eligibility and section 2354 of this title) to the

Administrator of the Small Business Administration.

(FOOTNOTE 1) See References in Text note below.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary

$16,000,000 for each of fiscal years 2003 through 2007, to carry

out the Secretary's functions under this part in connection with

furnishing adjustment assistance to firms. Amounts appropriated

under this subsection shall remain available until expended.

(c) Transfer of unexpended appropriations

The unexpended balances of appropriations authorized by section

1912(d) (FOOTNOTE 1) of this title are transferred to the Secretary

to carry out his functions under this part.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 256, Jan. 3, 1975, 88 Stat. 2032;

Pub. L. 97-35, title XXV, Sec. 2524, Aug. 13, 1981, 95 Stat. 892;

Pub. L. 99-272, title XIII, Sec. 13008(b), Apr. 7, 1986, 100 Stat.

305; Pub. L. 100-418, title I, Sec. 1426(b)(2), Aug. 23, 1988, 102

Stat. 1251; Pub. L. 103-66, title XIII, Sec. 13803(a)(2), Aug. 10,

1993, 107 Stat. 668; Pub. L. 105-277, div. J, title I, Sec.

1012(c), Oct. 21, 1998, 112 Stat. 2681-901; Pub. L. 106-113, div.

B, Sec. 1000(a)(5) (title VII, Sec. 702(c)), Nov. 29, 1999, 113

Stat. 1536, 1501A-319; Pub. L. 107-210, div. A, title I, Sec.

111(b), 131, Aug. 6, 2002, 116 Stat. 936, 946.)

-REFTEXT-

REFERENCES IN TEXT

The Small Business Act, referred to in subsec. (a), is Pub. L.

85-536, July 18, 1958, 72 Stat. 384, as amended, which is

classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 631 of Title 15

and Tables.

Section 2342(d) of this title, referred to in subsec. (a), was

redesignated section 2342(c) of this title by Pub. L. 99-272, title

XIII, Sec. 13006(a)(2), Apr. 7, 1986, 100 Stat. 304.

Section 1912 of this title, referred to in subsec. (c), was

repealed by section 602(e) of Pub. L. 93-618. See section 2341 et

seq. of this title for successor provisions.

-MISC2-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-210, Sec. 131, amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

''There are hereby authorized to be appropriated to the Secretary

for the period beginning October 1, 2001, and ending September 30,

2007, such sums as may be necessary to carry out his functions

under this part in connection with furnishing adjustment assistance

to firms (including, but not limited to, the payment of principal,

interest, and reasonable costs incident to default on loans

guaranteed by the Secretary under the authority of this part),

which sums are authorized to be appropriated to remain available

until expended.''

Pub. L. 107-210, Sec. 111(b), substituted ''October 1, 2001, and

ending September 30, 2007,'' for ''October 1, 1998, and ending

September 30, 2001''.

1999 - Subsec. (b). Pub. L. 106-113 substituted ''September 30,

2001'' for ''June 30, 1999''.

1998 - Subsec. (b). Pub. L. 105-277 substituted ''for the period

beginning October 1, 1998, and ending June 30, 1999'' for ''for

fiscal years 1993, 1994, 1995, 1996, 1997, and 1998''.

1993 - Subsec. (b). Pub. L. 103-66 substituted ''1993, 1994,

1995, 1996, 1997, and 1998'' for ''1988, 1989, 1990, 1991, 1992,

and 1993''.

1988 - Subsec. (b). Pub. L. 100-418 substituted ''1988, 1989,

1990, 1991, 1992, and 1993'' for ''1986, 1987, 1988, 1989, 1990,

and 1991''.

1986 - Subsec. (b). Pub. L. 99-272 inserted ''for fiscal years

1986, 1987, 1988, 1989, 1990, and 1991'' after ''Secretary'',

struck out ''from time to time'' after ''as may be necessary'', and

struck out ''Direct loans and commitments to guarantee loans may be

made under this part during any fiscal year only to such extent and

in such amounts as are provided in advance in appropriations

Acts.'' after ''available until expended.''

1981 - Subsec. (b). Pub. L. 97-35 inserted provisions relating to

payment of principal, interest, and reasonable costs, incident to

defaults on guaranteed loans and provisions relating to direct

loans and commitments to guarantee loans.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-210 applicable to petitions for

certification filed under this part or part 2 of this subchapter on

or after the date that is 90 days after Aug. 6, 2002, except as

otherwise provided, see section 151 of Pub. L. 107-210, set out as

a note preceding section 2271 of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective as of July 1, 1999, see

section 1000(a)(5) (title VII, Sec. 702(e)) of Pub. L. 106-113, set

out as a note under section 2317 of this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Parts 2 and 3 of this subchapter applicable as if the amendment

of this section by Pub. L. 99-272 had taken effect Dec. 18, 1985,

see section 13009(c) of Pub. L. 99-272, set out as a note under

section 2291 of this title.

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as

otherwise provided with respect to applications for adjustment

assistance, see section 2529 of Pub. L. 97-35, set out as a note

under section 2343 of this title.

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Sec. 2347 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2347. Administration of financial assistance

-STATUTE-

(a) Powers of Secretary

In making and administering guarantees and loans under section

2344 of this title, the Secretary may -

(1) require security for any such guarantee or loan, and

enforce, waive, or subordinate such security;

(2) assign or sell at public or private sale, or otherwise

dispose of, upon such terms and conditions and for such

consideration as he shall determine to be reasonable, any

evidence of debt, contract, claim, personal property, or security

assigned to or held by him in connection with such guarantees or

loans, and collect, compromise, and obtain deficiency judgments

with respect to all obligations assigned to or held by him in

connection with such guarantees or loans until such time as such

obligations may be referred to the Attorney General for suit or

collection;

(3) renovate, improve, modernize, complete, insure, rent, sell,

or otherwise deal with, upon such terms and conditions and for

such consideration as he shall determine to be reasonable, any

real or personal property conveyed to or otherwise acquired by

him in connection with such guarantees or loans;

(4) acquire, hold, transfer, release, or convey any real or

personal property or any interest therein whenever deemed

necessary or appropriate, and execute all legal documents for

such purposes; and

(5) exercise all such other powers and take all such other acts

as may be necessary or incidental to the carrying out of

functions pursuant to section 2344 of this title.

(b) Recordation of mortgages

Any mortgage acquired as security under subsection (a) of this

section shall be recorded under applicable State law.

(c) Availability of receipts for financing functions

All repayments of loans, payments of interest, and other receipts

arising out of transactions entered into by the Secretary pursuant

to this part, shall be available for financing functions performed

under this part, including administrative expenses in connection

with such functions.

(d) Privileged or confidential information

To the extent the Secretary deems it appropriate, and consistent

with the provisions of section 552(b)(4) and section 552b(c)(4) of

title 5, that portion of any record, material or data received by

the Secretary in connection with any application for financial

assistance under this part which contains trade secrets or

commercial or financial information regarding the operation or

competitive position of any business shall be deemed to be

privileged or confidential within the meaning of those provisions.

(e) Capital assets secured by first lien; exceptions

Direct loans made, or loans guaranteed, under this part for the

acquisition or development of real property or other capital assets

shall ordinarily be secured by a first lien on the assets to be

financed and shall be fully amortized. To the extent that the

Secretary finds that exceptions to these standards are necessary to

achieve the objectives of this part, he shall develop appropriate

criteria for the protection of the interests of the United States.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 257, Jan. 3, 1975, 88 Stat. 2033;

Pub. L. 97-35, title XXV, Sec. 2525, Aug. 13, 1981, 95 Stat. 892.)

-MISC1-

AMENDMENTS

1981 - Subsecs. (d), (e). Pub. L. 97-35 added subsecs. (d) and

(e).

EFFECTIVE DATE OF 1981 AMENDMENT

Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as

otherwise provided with respect to applications for adjustment

assistance, see section 2529 of Pub. L. 97-35, set out as as a note

under section 2343 of this title.

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

DEPOSIT OF RECEIPTS FROM TRANSACTIONS UNDER THIS PART INTO ECONOMIC

DEVELOPMENT REVOLVING FUND

Pub. L. 100-202, Sec. 101(a) (title I, Sec. 106), Dec. 22, 1987,

101 Stat. 1329, 1329-7, provided that: ''Notwithstanding any other

provision of law, including section 257(c) of the Trade Act of

1974, as amended (19 U.S.C. 2347(c)), and section 203 of the Public

Works and Economic Development Act of 1965, as amended (42 U.S.C.

3143), principal and interest repayments from loans, proceeds from

the sale of loan assets or collateral, and other receipts arising

out of transactions entered into pursuant to title II, chapter 3 of

the Trade Act of 1974 (19 U.S.C. 2341 et seq.) shall be deposited

into the economic development revolving fund established under

section 203 of the Public Works and Economic Development Act of

1965 beginning October 1, 1987: Provided, That payments of

obligations in connection with loans guaranteed under the authority

of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) or the Public

Works and Economic Development Act of 1965 (42 U.S.C. 3121 et

seq.), and any related expenses, shall be made from funds available

in the economic development revolving fund: Provided further, That

deposits to the economic development revolving fund of amounts

appropriated for, or received in connection with, activities

authorized under the Trade Act of 1974, made prior to October 1,

1987, shall be deemed valid deposits.''

-CITE-

19 USC Sec. 2348 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2348. Protective provisions

-STATUTE-

(a) Recordkeeping

Each recipient of adjustment assistance under this part shall

keep records which fully disclose the amount and disposition by

such recipient of the proceeds, if any, of such adjustment

assistance, and which will facilitate an effective audit. The

recipient shall also keep such other records as the Secretary may

prescribe.

(b) Audit and examination

The Secretary and the Comptroller General of the United States

shall have access for the purpose of audit and examination to any

books, documents, papers, and records of the recipient pertaining

to adjustment assistance under this part.

(c) Certifications

No adjustment assistance under this part shall be extended to any

firm unless the owners, partners, or officers certify to the

Secretary -

(1) the names of any attorneys, agents, and other persons

engaged by or on behalf of the firm for the purpose of expediting

applications for such adjustment assistance; and

(2) the fees paid or to be paid to any such person.

(d) Conflicts of interest

No financial assistance shall be provided to any firm under this

part unless the owners, partners, or officers shall execute an

agreement binding them and the firm for a period of 2 years after

such financial assistance is provided, to refrain from employing,

tendering any office or employment to, or retaining for

professional services any person who, on the date such assistance

or any part thereof was provided, or within 1 year prior thereto,

shall have served as an officer, attorney, agent, or employee

occupying a position or engaging in activities which the Secretary

shall have determined involve discretion with respect to the

provision of such financial assistance.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 258, Jan. 3, 1975, 88 Stat. 2033.)

-MISC1-

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Sec. 2349 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2349. Penalties

-STATUTE-

Whoever makes a false statement of a material fact knowing it to

be false, or knowingly fails to disclose a material fact, or

whoever willfully overvalues any security, for the purpose of

influencing in any way a determination under this part, or for the

purpose of obtaining money, property, or anything of value under

this part, shall be fined not more than $5,000 or imprisoned for

not more than 2 years, or both.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 259, Jan. 3, 1975, 88 Stat. 2034.)

-MISC1-

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Sec. 2350 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2350. Civil actions

-STATUTE-

In providing technical and financial assistance under this part

the Secretary may sue and be sued in any court of record of a State

having general jurisdiction or in any United States district court,

and jurisdiction is conferred upon such district court to determine

such controversies without regard to the amount in controversy; but

no attachment, injunction, garnishment, or other similar process,

mesne or final, shall be issued against him or his property.

Nothing in this section shall be construed to except the activities

pursuant to sections 2343 and 2344 of this title from the

application of sections 516, 547, and 2679 of title 28.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 260, Jan. 3, 1975, 88 Stat. 2034.)

-MISC1-

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Sec. 2351 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2351. ''Firm'' defined

-STATUTE-

For purposes of this part, the term ''firm'' includes an

individual proprietorship, partnership, joint venture, association,

corporation (including a development corporation), business trust,

cooperative, trustee in bankruptcy, and receiver under decree of

any court. A firm, together with any predecessor or successor

firm, or any affiliated firm controlled or substantially

beneficially owned by substantially the same persons, may be

considered a single firm where necessary to prevent unjustifiable

benefits.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 261, Jan. 3, 1975, 88 Stat. 2034.)

-MISC1-

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Sec. 2352 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2352. Regulations

-STATUTE-

The Secretary shall prescribe such regulations as may be

necessary to carry out the provisions of this part.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 262, Jan. 3, 1975, 88 Stat. 2034.)

-MISC1-

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Sec. 2353 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2353. Repealed. Pub. L. 97-35, title XXV, Sec. 2526, Aug. 13,

1981, 95 Stat. 893

-MISC1-

Section, Pub. L. 93-618, title II, Sec. 263, Jan. 3, 1975, 88

Stat. 2034, contained transitional provisions for certain events

occurring prior to the effective date of this part.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 13, 1981, except as otherwise provided with

respect to applications for adjustment assistance, see section 2529

of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment

note under section 2343 of this title.

-CITE-

19 USC Sec. 2354 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2354. Study by Secretary of Commerce when International Trade

Commission begins investigation

-STATUTE-

(a) Subject matter of study

Whenever the Commission begins an investigation under section

2252 of this title with respect to an industry, the Commission

shall immediately notify the Secretary of such investigation, and

the Secretary shall immediately begin a study of -

(1) the number of firms in the domestic industry producing the

like or directly competitive article which have been or are

likely to be certified as eligible for adjustment assistance, and

(2) the extent to which the orderly adjustment of such firms to

the import competition may be facilitated through the use of

existing programs.

(b) Report; publication

The report of the Secretary of the study under subsection (a) of

this section shall be made to the President not later than 15 days

after the day on which the Commission makes its report under

section 2252(f) of this title. Upon making its report to the

President, the Secretary shall also promptly make it public (with

the exception of information which the Secretary determines to be

confidential) and shall have a summary of it published in the

Federal Register.

(c) Information to firms

Whenever the Commission makes an affirmative finding under

section 2252(b) of this title that increased imports are a

substantial cause of serious injury or threat thereof with respect

to an industry, the Secretary shall make available, to the extent

feasible, full information to the firms in such industry about

programs which may facilitate the orderly adjustment to import

competition of such firms, and he shall provide assistance in the

preparation and processing of petitions and applications of such

firms for program benefits.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 264, Jan. 3, 1975, 88 Stat. 2035;

Pub. L. 100-418, title I, Sec. 1401(b)(1)(B), Aug. 23, 1988, 102

Stat. 1239.)

-MISC1-

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-418 substituted ''section 2252''

for ''section 2251''.

Subsec. (b). Pub. L. 100-418 substituted ''section 2252(f)'' for

''section 2251''.

Subsec. (c). Pub. L. 100-418 substituted ''section 2252(b)'' for

''section 2251(b)''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and

applicable with respect to investigations initiated under part 1

(Sec. 2251 et seq.) of this subchapter 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.

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2346 of this title.

-CITE-

19 USC Sec. 2355 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 3 - Adjustment Assistance for Firms

-HEAD-

Sec. 2355. Assistance to industry; authorization of appropriations

-STATUTE-

(a) Technical assistance

The Secretary may provide technical assistance, on such terms and

conditions as the Secretary deems appropriate, for the

establishment of industrywide programs for new product development,

new process development, export development, or other uses

consistent with the purposes of this part. Such technical

assistance may be provided through existing agencies, private

individuals, firms, universities and institutions, and by grants,

contracts, or cooperative agreements to associations, unions, or

other nonprofit industry organizations in which a substantial

number of firms or workers have been certified as eligible to apply

for adjustment assistance under section 2273 or 2341 of this title.

(b) Expenditures

Expenditures for technical assistance under this section may be

up to $10,000,000 annually per industry and shall be made under

such terms and conditions as the Secretary deems appropriate.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 265, as added Pub. L. 97-35, title

XXV, Sec. 2527, Aug. 13, 1981, 95 Stat. 893; amended Pub. L.

98-369, div. B, title VI, Sec. 2673, July 18, 1984, 98 Stat.

1172.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-369, Sec. 2673(1), inserted ''or

workers'' after ''of firms'' and inserted reference to section 2273

of this title.

Subsec. (b). Pub. L. 98-369, Sec. 2673(2), substituted

''$10,000,000'' for ''$2,000,000''.

EFFECTIVE DATE

Section effective Aug. 13, 1981, except as otherwise provided

with respect to applications for adjustment assistance, see section

2529 of Pub. L. 97-35, set out as an Effective Date of 1981

Amendment note under section 2343 of this title.

TERMINATION DATE

No technical assistance to be provided under this part after

Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set

out as a note preceding section 2271 of this title.

-CITE-

19 USC Part 4 - Adjustment Assistance for Communities 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 4 - Adjustment Assistance for Communities

.

-HEAD-

Part 4 - Adjustment Assistance for Communities

-CITE-

19 USC Sec. 2371 to 2374 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 4 - Adjustment Assistance for Communities

-HEAD-

Sec. 2371 to 2374. Omitted

-COD-

CODIFICATION

Sections 2371 to 2374 were omitted as terminated Sept. 30, 1982,

pursuant to section 285 of Pub. L. 93-618, as amended, set out as a

Termination Date note preceding section 2271 of this title.

Section 285 of Pub. L. 93-618 was amended generally by Pub. L.

107-210 and no longer contains provisions relating to the

termination of this part.

Section 2371, Pub. L. 93-618, title II, Sec. 271, Jan. 3, 1975,

88 Stat. 2035, related to petitions and determinations.

Section 2372, Pub. L. 93-618, title II, Sec. 272, Jan. 3, 1975,

88 Stat. 2036, related to Trade Impacted Area Councils for

Adjustment Assistance.

Section 2373, Pub. L. 93-618, title II, Sec. 273, Jan. 3, 1975,

88 Stat. 2037, related to program benefits.

Section 2374, Pub. L. 93-618, title II, Sec. 274, Jan. 3, 1975,

88 Stat. 2040, related to Community Adjustment Assistance Fund.

-CITE-

19 USC Part 5 - Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

.

-HEAD-

Part 5 - Miscellaneous Provisions

-CITE-

19 USC Sec. 2391 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

-HEAD-

Sec. 2391. General Accounting Office study and report

-STATUTE-

(a) Adjustment assistance programs

The Comptroller General of the United States shall conduct a

study of the adjustment assistance programs established under parts

2, 3, and 4 of this subchapter and shall report the results of such

study to the Congress no later than January 31, 1980. Such report

shall include an evaluation of -

(1) the effectiveness of such programs in aiding workers,

firms, and communities to adjust to changed economic conditions

resulting from changes in the patterns of international trade;

and

(2) the coordination of the administration of such programs and

other Government programs which provide unemployment compensation

and relief to depressed areas.

(b) Assistance from Labor and Commerce Departments

In carrying out his responsibilities under this section, the

Comptroller General shall, to the extent practical, avail himself

of the assistance of the Departments of Labor and Commerce. The

Secretaries of Labor and Commerce shall make available to the

Comptroller General any assistance necessary for an effective

evaluation of the adjustment assistance programs established under

this subchapter.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 280, Jan. 3, 1975, 88 Stat. 2040.)

-CITE-

19 USC Sec. 2392 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

-HEAD-

Sec. 2392. Adjustment Assistance Coordinating Committee

-STATUTE-

There is established the Adjustment Assistance Coordinating

Committee to consist of a Deputy United States Trade Representative

as Chairman, and the officials charged with adjustment assistance

responsibilities of the Departments of Labor and Commerce and the

Small Business Administration. It shall be the function of the

Committee to coordinate the adjustment assistance policies,

studies, and programs of the various agencies involved and to

promote the efficient and effective delivery of adjustment

assistance benefits.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 281, Jan. 3, 1975, 88 Stat. 2040;

1979 Reorg. Plan No. 3, Sec. 1(c), eff. Jan. 2, 1980, 44 F.R.

69274, 93 Stat. 1381.)

-CHANGE-

CHANGE OF NAME

''Deputy United States Trade Representative'' substituted in text

for ''Deputy Special Trade Representative'', meaning Deputy Special

Representative for Trade Negotiations, pursuant to Reorg. Plan No.

3 of 1979, Sec. 1(c), 44 F.R. 69274, 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.

-CITE-

19 USC Sec. 2393 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

-HEAD-

Sec. 2393. Trade monitoring system

-STATUTE-

The Secretary of Commerce and the Secretary of Labor shall

establish and maintain a program to monitor imports of articles

into the United States which will reflect changes in the volume of

such imports, the relation of such imports to changes in domestic

production, changes in employment within domestic industries

producing articles like or directly competitive with such imports,

and the extent to which such changes in production and employment

are concentrated in specific geographic regions of the United

States. A summary of the information gathered under this section

shall be published regularly and provided to the Adjustment

Assistance Coordinating Committee, the International Trade

Commission, and to the Congress.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 282, Jan. 3, 1975, 88 Stat. 2040.)

-CITE-

19 USC Sec. 2394 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

-HEAD-

Sec. 2394. Firms relocating in foreign countries

-STATUTE-

Before moving productive facilities from the United States to a

foreign country, every firm should -

(1) provide notice of the move to its employees who are likely

to be totally or partially separated as a result of the move at

least 60 days before the date of such move, and

(2) provide notice of the move to the Secretary of Labor and

the Secretary of Commerce on the same day it notifies employees

under paragraph (1).

(b) (FOOTNOTE 1) It is the sense of the Congress that every such

firm should -

(FOOTNOTE 1) So in original. The first paragraph was not

designated subsec. (a).

(1) apply for and use all adjustment assistance for which it is

eligible under this subchapter,

(2) offer employment opportunities in the United States, if any

exist, to its employees who are totally or partially separated

workers as a result of the move, and

(3) assist in relocating employees to other locations in the

United States where employment opportunities exist.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 283, Jan. 3, 1975, 88 Stat. 2041.)

-CITE-

19 USC Sec. 2395 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

-HEAD-

Sec. 2395. Judicial review

-STATUTE-

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

A worker, group of workers, certified or recognized union, or

authorized representative of such worker or group aggrieved by a

final determination of the Secretary of Labor under section 2273 of

this title, a firm or its representative or any other interested

domestic party aggrieved by a final determination of the Secretary

of Commerce under section 2341 of this title, an agricultural

commodity producer (as defined in section 2401(2) of this title)

aggrieved by a determination of the Secretary of Agriculture under

section 2401b of this title, or a community or any other interested

domestic party aggrieved by a final determination of the Secretary

of Commerce under section 2371 (FOOTNOTE 1) of this title may,

within sixty days after notice of such determination, commence a

civil action in the United States Court of International Trade for

review of such determination. The clerk of such court shall send a

copy of the summons and the complaint in such action to the

Secretary of Labor, the Secretary of Commerce, or the Secretary of

Agriculture, as the case may be. Upon receiving a copy of such

summons and complaint, such Secretary shall promptly certify and

file in such court the record on which he based such determination.

(FOOTNOTE 1) See References in Text note below.

(b) Findings of fact by Secretary; conclusiveness; new or modified

findings

The findings of fact by the Secretary of Labor, the Secretary of

Commerce, or the Secretary of Agriculture, as the case may be, if

supported by substantial evidence, shall be conclusive; but the

court, for good cause shown, may remand the case to such Secretary

to take further evidence, and such Secretary may thereupon make new

or modified findings of fact and may modify his previous action,

and shall certify to the court the record of the further

proceedings. Such new or modified findings of fact shall likewise

be conclusive if supported by substantial evidence.

(c) Determination; review by Supreme Court

The Court of International Trade shall have jurisdiction to

affirm the action of the Secretary of Labor, the Secretary of

Commerce, or the Secretary of Agriculture, as the case may be, or

to set such action aside, in whole or in part. The judgment of the

Court of International Trade shall be subject to review by the

United States Court of Appeals for the Federal Circuit as

prescribed by the rules of such court. The judgment of the Court

of Appeals for the Federal Circuit shall be subject to review by

the Supreme Court of the United States upon certiorari as provided

in section 1256 (FOOTNOTE 1) of title 28.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 284, as added Pub. L. 96-417, title

VI, Sec. 613(a), Oct. 10, 1980, 94 Stat. 1746; amended Pub. L.

97-164, title I, Sec. 163(a)(5), Apr. 2, 1982, 96 Stat. 49; Pub. L.

103-182, title V, Sec. 503(d), Dec. 8, 1993, 107 Stat. 2151; Pub.

L. 107-210, div. A, title I, Sec. 123(b)(4), 142(a), Aug. 6, 2002,

116 Stat. 944, 953.)

-REFTEXT-

REFERENCES IN TEXT

Section 2371 of this title, referred to in subsec. (a), was

omitted from the Code as terminated Sept. 30, 1982, pursuant to

section 285 of Pub. L. 93-618, as amended, set out as a Termination

Date note preceding section 2271 of this title.

Section 1256 of title 28, referred to in subsec. (c), was

repealed by Pub. L. 97-164, title I, Sec. 123, Apr. 2, 1982, 96

Stat. 36.

-MISC2-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-210, Sec. 142(a)(1), inserted

''an agricultural commodity producer (as defined in section 2401(2)

of this title) aggrieved by a determination of the Secretary of

Agriculture under section 2401b of this title,'' after ''section

2341 of this title,'' in first sentence and substituted '', the

Secretary of Commerce, or the Secretary of Agriculture'' for ''or

the Secretary of Commerce'' in second sentence.

Pub. L. 107-210, Sec. 123(b)(4), struck out ''or section 2331(c)

of this title'' after ''section 2273 of this title''.

Subsecs. (b), (c). Pub. L. 107-210, Sec. 142(a)(1)(B),

substituted '', the Secretary of Commerce, or the Secretary of

Agriculture'' for ''or the Secretary of Commerce''.

1993 - Subsec. (a). Pub. L. 103-182 inserted reference to section

2331(c) of this title.

1982 - Subsec. (c). Pub. L. 97-164 substituted ''Court of Appeals

for the Federal Circuit'' for ''Court of Customs and Patent

Appeals''.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by section 123(b)(4) of Pub. L. 107-210 applicable with

respect to petitions filed under this part on or after the date

that is 90 days after Aug. 6, 2002, except with respect to certain

workers, see section 123(c) of Pub. L. 107-210, set out as an

Effective Date of Repeal note under section 2331 of this title.

Amendment by section 142(a) of Pub. L. 107-210 effective on the

date that is 180 days after Aug. 6, 2002, see section 141(b) of

Pub. L. 107-210, set out as an Effective Date note under section

2401 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States (Jan. 1, 1994), see section 506(a) of Pub. L.

103-182, set out as a note under section 2271 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE

Section applicable with respect to civil actions commenced on or

after Nov. 1, 1980, see section 701(b)(3) of Pub. L. 96-417 set out

as an Effective Date of 1980 Amendment note under section 251 of

Title 28, Judiciary and Judicial Procedure.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 79l; title 28

section 2640.

-CITE-

19 USC Sec. 2396 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

-HEAD-

Sec. 2396. Omitted

-MISC1-

Section, Pub. L. 93-618, title II, Sec. 286, as added Pub. L.

100-418, title I, Sec. 1427(a), Aug. 23, 1988, 102 Stat. 1251,

which established the Trade Adjustment Assistance Trust Fund, did

not become effective pursuant to section 1430(c) of Pub. L.

100-418, as amended, set out as an Effective Date note under

section 2397 of this title.

-CITE-

19 USC Sec. 2397 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 5 - Miscellaneous Provisions

-HEAD-

Sec. 2397. Omitted

-MISC1-

Section, Pub. L. 93-618, title II, Sec. 287, as added Pub. L.

100-418, title I, Sec. 1428(b), Aug. 23, 1988, 102 Stat. 1255,

which imposed an additional fee, did not become effective pursuant

to section 1430(b) of Pub. L. 100-418, as amended, set out below.

EFFECTIVE DATE

Section 1430 of Pub. L. 100-418, as amended by Pub. L. 100-647,

title IX, Sec. 9001(a)(21), Nov. 10, 1988, 102 Stat. 3808, provided

that:

''(a) In General. - Except as otherwise provided by this section,

the amendments made by this part (part 3 (Sec. 1421-1430) of

subtitle D of title I of Pub. L. 100-418, enacting this section and

sections 2318 and 2396 of this title, amending sections 2272, 2275,

2291 to 2293, 2295, 2296, 2311, 2317, 2341, and 2346 of this title,

and amending provisions set out as a note preceding section 2271 of

this title) shall take effect on the date of enactment of this Act

(Aug. 23, 1988).

''(b) Additional Fee. -

''(1) Except as otherwise provided in this subsection, the

amendment made by section 1428(b) (enacting this section) shall

apply (if at all) to any article entered, or withdrawn from

warehouse for consumption, after the date that is 30 days after

the earlier of -

''(A) the date on which the President submits to the Congress

the written statement described in section 1428(a)(3)(A) (set

out as a note below),

''(B) the date that is 2 years after the date of enactment of

this Act (Aug. 23, 1988), or

''(C) the date of the enactment of a disapproval resolution

that passes both Houses of the Congress within the 90-day

period beginning on the date that is 2 years after the date of

enactment of this Act.

''(2) If the President determines on the date that is 2 years

after the date of enactment of this Act that the fee imposed by

the amendment made by section 1428(b) is not in the national

economic interest, subparagraph (B) of paragraph (1) shall not be

taken into account in applying the provisions of paragraph (1).

(See Determination of President of the United States, No. 90-34,

set out below.)

''(3) The amendment made by section 1428(b) shall apply (if at

all) to the products of any foreign country described in section

1428(a)(1)(B) (set out as a note below) that are entered, or

withdrawn from warehouse for consumption, after the later of -

''(A) the first date on which the fee imposed by such

amendment applies with respect to products of foreign countries

that are not described in section 1428(a)(1)(B), or

''(B) the date on which the President submits to the Congress

the written statement described in section 1428(a)(3)(B) (set

out as a note below) certifying the consent of such foreign

country to the imposition of the fee.

''(c) Trust Fund. - The amendments made by section 1427 (enacting

section 2396 of this title) shall take effect on the first date on

which the amendment made by section 1428(b) (enacting this section)

applies with respect to any articles.

''(d) Eligibility of Workers and Firms. - The amendments made by

sections 1421(b) and 1424(b) (amending sections 2272, 2296, and

2341 of this title) shall take effect on the date that is 1 year

after the first date on which the amendment made by section 1428(b)

(enacting this section) applies with respect to any articles.

''(e) Notification Requirements. - The amendments made by section

1422 (amending section 2275 of this title) shall take effect on the

date that is 30 days after the date of enactment of this Act (Aug.

23, 1988).

''(f) Training Requirement. - The amendments made by subsections

(a), (b)(2), and (c)(2) of section 1423 and by paragraphs (2) and

(3) of section 1424(c) (amending sections 2291 to 2293, 2296, and

2311 of this title) shall take effect on the date that is 90 days

after the date of enactment of this Act (Aug. 23, 1988).

''(g) Limitation on Period for Which Trade Readjustment

Allowances May Be Made. - The amendment made by section 1425(a)

(amending section 2293 of this title) shall not apply with respect

to any total separation of a worker from adversely affected

employment (within the meaning of section 247 of such Act (19

U.S.C. 2319)) that occurs before the date of enactment of this Act

(Aug. 23, 1988) if the application of such amendment with respect

to such total separation would reduce the period for which such

worker would (but for such amendment) be allowed to receive trade

readjustment allowances under part I of subchapter B of chapter 2

of title II of the Trade Act of 1974 (19 U.S.C. 2291 to 2294).''

IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS

Section 1428(a) of Pub. L. 100-418 provided that:

''(1) The President shall -

''(A) undertake negotiations necessary to achieve changes in

the General Agreement on Tariffs and Trade that would allow any

country to impose a small uniform fee of not more than 0.15

percent on all imports to such country for the purpose of using

the revenue from such fee to fund programs which directly assist

adjustment to import competition, and

''(B) undertake negotiations with any foreign country that has

entered into a free trade agreement with the United States under

subtitle A (Sec. 1101 to 1125, of title I of Pub. L. 100-418, see

Tables for classification) or under section 102 of the Trade Act

of 1974 (19 U.S.C. 2112) to obtain the consent of such country to

the imposition of such a fee by the United States.

''(2) In the report that is submitted under section 163 of the

Trade Act of 1974 (19 U.S.C. 2213) for 1989 and 1990, the President

shall include a statement on the progress of negotiations conducted

under paragraph (1).

''(3)(A) On the first day after the date of enactment of this Act

(Aug. 23, 1988) on which the General Agreement on Tariffs and Trade

allows any country to impose a fee described in paragraph (1), the

President shall submit to the Congress, and publish in the Federal

Register, a written statement certifying such allowance.

''(B) On the first day after the date of enactment of this Act on

which any foreign country described in paragraph (1)(B) consents to

the imposition of such a fee by the United States, the President

shall submit to the Congress, and publish in the Federal Register,

a written statement certifying such consent.

''(4) If -

''(A) the President does not submit to the Congress the written

statement described in paragraph (3)(A) before the date that is 2

years after the date of enactment of this Act (Aug. 23, 1988),

and

''(B) the President determines on such date that the fee

imposed by the amendment made by subsection (b) (enacting this

section) is not in the national economic interest,

the President shall submit to the Congress, and publish in the

Federal Register, written notice of such determination on such

date. (See Determination of President of the United States, No.

90-34, set out below.)

''(5)(A) Any disapproval resolution that is introduced in the

Senate or House of Representatives within the 90-day period

beginning on the date that is 2 years after the date of enactment

of this Act (Aug. 23, 1988) shall, for purposes of section 152 of

the Trade Act of 1974 (19 U.S.C. 2192), be treated as a joint

resolution described in section 152(a)(1)(A) of such Act.

''(B) For purposes of this part (see Effective Date note above),

the term 'disapproval resolution' means a joint resolution of the

two Houses of the Congress, the matter after the resolving clause

of which is as follows: 'That the Congress disapproves of the

determination made by the President under section 1428(a)(4)(A) of

the Omnibus Trade and Competitiveness Act of 1988 (subsec.

(a)(4)(A) of this note).' ''

DETERMINATION THAT CERTAIN IMPORT FEES ARE NOT IN THE NATIONAL

ECONOMIC INTEREST

Determination of President of the United States, No. 90-34, Aug.

23, 1990, 55 F.R. 34889, provided:

Pursuant to section 1428(a)(4)(B) of the Omnibus Trade and

Competitiveness Act of 1988 (Pub. L. 100-418, set out above), I

determine that it is not in the national economic interest to

impose the fee described under subsection (b) of that section

(enacting this section).

I hereby authorize and direct the United States Trade

Representative to submit to the Congress and publish in the Federal

Register written notice of this determination. George Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2396 of this title.

-CITE-

19 USC Part 6 - Adjustment Assistance for Farmers 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

.

-HEAD-

Part 6 - Adjustment Assistance for Farmers

-CITE-

19 USC Sec. 2401 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401. Definitions

-STATUTE-

In this part:

(1) Agricultural commodity

The term ''agricultural commodity'' means any agricultural

commodity (including livestock) in its raw or natural state.

(2) Agricultural commodity producer

The term ''agricultural commodity producer'' has the same

meaning as the term ''person'' as prescribed by regulations

promulgated under section 1308(5) (FOOTNOTE 1) of title 7.

(FOOTNOTE 1) See References in Text note below.

(3) Contributed importantly

(A) In general

The term ''contributed importantly'' means a cause which is

important but not necessarily more important than any other

cause.

(B) Determination of contributed importantly

The determination of whether imports of articles like or

directly competitive with an agricultural commodity with

respect to which a petition under this part was filed

contributed importantly to a decline in the price of the

agricultural commodity shall be made by the Secretary.

(4) Duly authorized representative

The term ''duly authorized representative'' means an

association of agricultural commodity producers.

(5) National average price

The term ''national average price'' means the national average

price paid to an agricultural commodity producer for an

agricultural commodity in a marketing year as determined by the

Secretary.

(6) Secretary

The term ''Secretary'' means the Secretary of Agriculture.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 291, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 946.)

-REFTEXT-

REFERENCES IN TEXT

Section 1308(5) of title 7, referred to in par. (2), was

redesignated as section 1308(e) of title 7 by Pub. L. 107-171,

title I, Sec. 1603(b)(1)(A), May 13, 2002, 116 Stat. 214.

-MISC2-

EFFECTIVE DATE

Pub. L. 107-210, div. A, title I, Sec. 141(b), Aug. 6, 2002, 116

Stat. 953, provided that: ''The amendments made by this title

(probably should be ''this subtitle'', meaning subtitle C (Sec. 141

to 143) of title I of Pub. L. 107-210, enacting this part and

amending section 2395 of this title) shall take effect on the date

that is 180 days after the date of enactment of this Act (Aug. 6,

2002).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2395 of this title.

-CITE-

19 USC Sec. 2401a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401a. Petitions; group eligibility

-STATUTE-

(a) In general

A petition for a certification of eligibility to apply for

adjustment assistance under this part may be filed with the

Secretary by a group of agricultural commodity producers or by

their duly authorized representative. Upon receipt of the

petition, the Secretary shall promptly publish notice in the

Federal Register that the Secretary has received the petition and

initiated an investigation.

(b) Hearings

If the petitioner, or any other person found by the Secretary to

have a substantial interest in the proceedings, submits not later

than 10 days after the date of the Secretary's publication under

subsection (a) of this section a request for a hearing, the

Secretary shall provide for a public hearing and afford such

interested person an opportunity to be present, to produce

evidence, and to be heard.

(c) Group eligibility requirements

The Secretary shall certify a group of agricultural commodity

producers as eligible to apply for adjustment assistance under this

part if the Secretary determines -

(1) that the national average price for the agricultural

commodity, or a class of goods within the agricultural commodity,

produced by the group for the most recent marketing year for

which the national average price is available is less than 80

percent of the average of the national average price for such

agricultural commodity, or such class of goods, for the 5

marketing years preceding the most recent marketing year; and

(2) that increases in imports of articles like or directly

competitive with the agricultural commodity, or class of goods

within the agricultural commodity, produced by the group

contributed importantly to the decline in price described in

paragraph (1).

(d) Special rule for qualified subsequent years

A group of agricultural commodity producers certified as eligible

under section 2401b of this title shall be eligible to apply for

assistance under this part in any qualified year after the year the

group is first certified, if the Secretary determines that -

(1) the national average price for the agricultural commodity,

or class of goods within the agricultural commodity, produced by

the group for the most recent marketing year for which the

national average price is available is equal to or less than the

price determined under subsection (c)(1) of this section; and

(2) the requirements of subsection (c)(2) of this section are

met.

(e) Determination of qualified year and commodity

In this part:

(1) Qualified year

The term ''qualified year'', with respect to a group of

agricultural commodity producers certified as eligible under

section 2401b of this title, means each consecutive year after

the year in which the group is certified and in which the

Secretary makes the determination under subsection (c) or (d) of

this section, as the case may be.

(2) Classes of goods within a commodity

In any case in which there are separate classes of goods within

an agricultural commodity, the Secretary shall treat each class

as a separate commodity in determining group eligibility, the

national average price, and level of imports under this section

and section 2401e of this title.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 292, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 947.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2401b of this title.

-CITE-

19 USC Sec. 2401b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401b. Determinations by Secretary of Agriculture

-STATUTE-

(a) In general

As soon as practicable after the date on which a petition is

filed under section 2401a of this title, but in any event not later

than 40 days after that date, the Secretary shall determine whether

the petitioning group meets the requirements of section 2401a(c) or

(d) of this title, as the case may be, and shall, if the group

meets the requirements, issue a certification of eligibility to

apply for assistance under this part covering agricultural

commodity producers in any group that meets the requirements. Each

certification shall specify the date on which eligibility under

this part begins.

(b) Notice

Upon making a determination on a petition, the Secretary shall

promptly publish a summary of the determination in the Federal

Register, together with the Secretary's reasons for making the

determination.

(c) Termination of certification

Whenever the Secretary determines, with respect to any

certification of eligibility under this part, that the decline in

price for the agricultural commodity covered by the certification

is no longer attributable to the conditions described in section

2401a of this title, the Secretary shall terminate such

certification and promptly cause notice of such termination to be

published in the Federal Register, together with the Secretary's

reasons for making such determination.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 293, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 948.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2395, 2401a, 2401e of

this title.

-CITE-

19 USC Sec. 2401c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401c. Study by Secretary of Agriculture when International

Trade Commission begins investigation

-STATUTE-

(a) In general

Whenever the International Trade Commission (in this part

referred to as the ''Commission'') begins an investigation under

section 2252 of this title with respect to an agricultural

commodity, the Commission shall immediately notify the Secretary of

the investigation. Upon receipt of the notification, the Secretary

shall immediately conduct a study of -

(1) the number of agricultural commodity producers producing a

like or directly competitive agricultural commodity who have been

or are likely to be certified as eligible for adjustment

assistance under this part, and

(2) the extent to which the adjustment of such producers to the

import competition may be facilitated through the use of existing

programs.

(b) Report

Not later than 15 days after the day on which the Commission

makes its report under section 2252(f) of this title, the Secretary

shall submit a report to the President setting forth the findings

of the study described in subsection (a) of this section. Upon

making the report to the President, the Secretary shall also

promptly make the report public (with the exception of information

which the Secretary determines to be confidential) and shall have a

summary of the report published in the Federal Register.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 294, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 949.)

-CITE-

19 USC Sec. 2401d 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401d. Benefit information to agricultural commodity producers

-STATUTE-

(a) In general

The Secretary shall provide full information to agricultural

commodity producers about the benefit allowances, training, and

other employment services available under this subchapter and about

the petition and application procedures, and the appropriate filing

dates, for such allowances, training, and services. The Secretary

shall provide whatever assistance is necessary to enable groups to

prepare petitions or applications for program benefits under this

subchapter.

(b) Notice of benefits

(1) In general

The Secretary shall mail written notice of the benefits

available under this part to each agricultural commodity producer

that the Secretary has reason to believe is covered by a

certification made under this part.

(2) Other notice

The Secretary shall publish notice of the benefits available

under this part to agricultural commodity producers that are

covered by each certification made under this part in newspapers

of general circulation in the areas in which such producers

reside.

(3) Other Federal assistance

The Secretary shall also provide information concerning

procedures for applying for and receiving all other Federal

assistance and services available to workers facing economic

distress.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 295, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 949.)

-CITE-

19 USC Sec. 2401e 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401e. Qualifying requirements for agricultural commodity

producers

-STATUTE-

(a) In general

(1) Requirements

Payment of a trade adjustment allowance shall be made to an

adversely affected agricultural commodity producer covered by a

certification under this part who files an application for such

allowance within 90 days after the date on which the Secretary

makes a determination and issues a certification of eligibility

under section 2401b of this title, if the following conditions

are met:

(A) The producer submits to the Secretary sufficient

information to establish the amount of agricultural commodity

covered by the application filed under this subsection that was

produced by the producer in the most recent year.

(B) The producer certifies that the producer has not received

cash benefits under any provision of this subchapter other than

this part.

(C) The producer's net farm income (as determined by the

Secretary) for the most recent year is less than the producer's

net farm income for the latest year in which no adjustment

assistance was received by the producer under this part.

(D) The producer certifies that the producer has met with an

Extension Service employee or agent to obtain, at no cost to

the producer, information and technical assistance that will

assist the producer in adjusting to import competition with

respect to the adversely affected agricultural commodity,

including -

(i) information regarding the feasibility and desirability

of substituting 1 or more alternative commodities for the

adversely affected agricultural commodity; and

(ii) technical assistance that will improve the

competitiveness of the production and marketing of the

adversely affected agricultural commodity by the producer,

including yield and marketing improvements.

(2) Limitations

(A) Adjusted gross income

(i) In general

Notwithstanding any other provision of this part, an

agricultural commodity producer shall not be eligible for

assistance under this part in any year in which the average

adjusted gross income of the producer exceeds the level set

forth in section 1308-3a of title 7.

(ii) Certification

To comply with the limitation under subparagraph (A),

(FOOTNOTE 1) an individual or entity shall provide to the

Secretary -

(FOOTNOTE 1) So in original. Probably should be a reference to

clause (i).

(I) a certification by a certified public accountant or

another third party that is acceptable to the Secretary

that the average adjusted gross income of the producer does

not exceed the level set forth in section 1308-3a of title

7; or

(II) information and documentation regarding the adjusted

gross income of the producer through other procedures

established by the Secretary.

(B) Counter-cyclical payments

The total amount of payments made to an agricultural producer

under this part during any crop year may not exceed the

limitation on counter-cyclical payments set forth in section

1308(c) of title 7.

(C) Definitions

In this subsection:

(i) Adjusted gross income

The term ''adjusted gross income'' means adjusted gross

income of an agricultural commodity producer -

(I) as defined in section 62 of title 26 and implemented

in accordance with procedures established by the Secretary;

and

(II) that is earned directly or indirectly from all

agricultural and nonagricultural sources of an individual

or entity for a fiscal or corresponding crop year.

(ii) Average adjusted gross income

(I) In general

The term ''average adjusted gross income'' means the

average adjusted gross income of a producer for each of the

3 preceding taxable years.

(II) Effective adjusted gross income

In the case of a producer that does not have an adjusted

gross income for each of the 3 preceding taxable years, the

Secretary shall establish rules that provide the producer

with an effective adjusted gross income for the applicable

year.

(b) Amount of cash benefits

(1) In general

Subject to the provisions of section 2401g of this title, an

adversely affected agricultural commodity producer described in

subsection (a) of this section shall be entitled to adjustment

assistance under this part in an amount equal to the product of -

(A) one-half of the difference between -

(i) an amount equal to 80 percent of the average of the

national average price of the agricultural commodity covered

by the application described in subsection (a) of this

section for the 5 marketing years preceding the most recent

marketing year, and

(ii) the national average price of the agricultural

commodity for the most recent marketing year, and

(B) the amount of the agricultural commodity produced by the

agricultural commodity producer in the most recent marketing

year.

(2) Special rule for subsequent qualified years

The amount of cash benefits for a qualified year shall be

determined in the same manner as cash benefits are determined

under paragraph (1) except that the average national price of the

agricultural commodity shall be determined under paragraph

(1)(A)(i) by using the 5-marketing-year period used to determine

the amount of cash benefits for the first certification.

(c) Maximum amount of cash assistance

The maximum amount of cash benefits an agricultural commodity

producer may receive in any 12-month period shall not exceed

$10,000.

(d) Limitations on other assistance

An agricultural commodity producer entitled to receive a cash

benefit under this part -

(1) shall not be eligible for any other cash benefit under this

subchapter, and

(2) shall be entitled to employment services and training

benefits under sections 2295 to 2298 of this title.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 296, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 949.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2401a of this title.

-CITE-

19 USC Sec. 2401f 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401f. Fraud and recovery of overpayments

-STATUTE-

(a) In general

(1) Repayment

If the Secretary, or a court of competent jurisdiction,

determines that any person has received any payment under this

part to which the person was not entitled, such person shall be

liable to repay such amount to the Secretary, except that the

Secretary may waive such repayment if the Secretary determines,

in accordance with guidelines prescribed by the Secretary, that -

(A) the payment was made without fault on the part of such

person; and

(B) requiring such repayment would be contrary to equity and

good conscience.

(2) Recovery of overpayment

Unless an overpayment is otherwise recovered, or waived under

paragraph (1), the Secretary shall recover the overpayment by

deductions from any sums payable to such person under this part.

(b) False statement

A person shall, in addition to any other penalty provided by law,

be ineligible for any further payments under this part -

(1) if the Secretary, or a court of competent jurisdiction,

determines that the person -

(A) knowingly has made, or caused another to make, a false

statement or representation of a material fact; or

(B) knowingly has failed, or caused another to fail, to

disclose a material fact; and

(2) as a result of such false statement or representation, or

of such nondisclosure, such person has received any payment under

this part to which the person was not entitled.

(c) Notice and determination

Except for overpayments determined by a court of competent

jurisdiction, no repayment may be required, and no deduction may be

made, under this section until a determination under subsection

(a)(1) of this section by the Secretary has been made, notice of

the determination and an opportunity for a fair hearing thereon has

been given to the person concerned, and the determination has

become final.

(d) Payment to Treasury

Any amount recovered under this section shall be returned to the

Treasury of the United States.

(e) Penalties

Whoever makes a false statement of a material fact knowing it to

be false, or knowingly fails to disclose a material fact, for the

purpose of obtaining or increasing for himself or for any other

person any payment authorized to be furnished under this part shall

be fined not more than $10,000 or imprisoned for not more than 1

year, or both.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 297, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 952.)

-CITE-

19 USC Sec. 2401g 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

Part 6 - Adjustment Assistance for Farmers

-HEAD-

Sec. 2401g. Authorization of appropriations

-STATUTE-

(a) In general

There are authorized to be appropriated and there are

appropriated to the Department of Agriculture not to exceed

$90,000,000 for each of the fiscal years 2003 through 2007 to carry

out the purposes of this part.

(b) Proportionate reduction

If in any year the amount appropriated under this part is

insufficient to meet the requirements for adjustment assistance

payable under this part, the amount of assistance payable under

this part shall be reduced proportionately.

-SOURCE-

(Pub. L. 93-618, title II, Sec. 298, as added Pub. L. 107-210,

div. A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 952.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2401e of this title.

-CITE-

19 USC SUBCHAPTER III - ENFORCEMENT OF UNITED STATES

RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE

TO CERTAIN FOREIGN TRADE PRACTICES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

.

-HEAD-

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 1339, 2133, 2171,

3106, 3571 of this title; title 22 section 6943.

-CITE-

19 USC Sec. 2411 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2411. Actions by United States Trade Representative

-STATUTE-

(a) Mandatory action

(1) If the United States Trade Representative determines under

section 2414(a)(1) of this title that -

(A) the rights of the United States under any trade agreement

are being denied; or

(B) an act, policy, or practice of a foreign country -

(i) violates, or is inconsistent with, the provisions of, or

otherwise denies benefits to the United States under, any trade

agreement, or

(ii) is unjustifiable and burdens or restricts United States

commerce;

the Trade Representative shall take action authorized in subsection

(c) of this section, subject to the specific direction, if any, of

the President regarding any such action, and shall take all other

appropriate and feasible action within the power of the President

that the President may direct the Trade Representative to take

under this subsection, to enforce such rights or to obtain the

elimination of such act, policy, or practice. Actions may be taken

that are within the power of the President with respect to trade in

any goods or services, or with respect to any other area of

pertinent relations with the foreign country.

(2) The Trade Representative is not required to take action under

paragraph (1) in any case in which -

(A) the Dispute Settlement Body (as defined in section 3531(5)

of this title) has adopted a report, or a ruling issued under the

formal dispute settlement proceeding provided under any other

trade agreement finds, that -

(i) the rights of the United States under a trade agreement

are not being denied, or

(ii) the act, policy, or practice -

(I) is not a violation of, or inconsistent with, the rights

of the United States, or

(II) does not deny, nullify, or impair benefits to the

United States under any trade agreement; or

(B) the Trade Representative finds that -

(i) the foreign country is taking satisfactory measures to

grant the rights of the United States under a trade agreement,

(ii) the foreign country has -

(I) agreed to eliminate or phase out the act, policy, or

practice, or

(II) agreed to an imminent solution to the burden or

restriction on United States commerce that is satisfactory to

the Trade Representative,

(iii) it is impossible for the foreign country to achieve the

results described in clause (i) or (ii), as appropriate, but

the foreign country agrees to provide to the United States

compensatory trade benefits that are satisfactory to the Trade

Representative,

(iv) in extraordinary cases, where the taking of action under

this subsection would have an adverse impact on the United

States economy substantially out of proportion to the benefits

of such action, taking into account the impact of not taking

such action on the credibility of the provisions of this

subchapter, or

(v) the taking of action under this subsection would cause

serious harm to the national security of the United States.

(3) Any action taken under paragraph (1) to eliminate an act,

policy, or practice shall be devised so as to affect goods or

services of the foreign country in an amount that is equivalent in

value to the burden or restriction being imposed by that country on

United States commerce.

(b) Discretionary action

If the Trade Representative determines under section 2414(a)(1)

of this title that -

(1) an act, policy, or practice of a foreign country is

unreasonable or discriminatory and burdens or restricts United

States commerce, and

(2) action by the United States is appropriate, the Trade

Representative shall take all appropriate and feasible action

authorized under subsection (c) of this section, subject to the

specific direction, if any, of the President regarding any such

action, and all other appropriate and feasible action within the

power of the President that the President may direct the Trade

Representative to take under this subsection, to obtain the

elimination of that act, policy, or practice. Actions may be

taken that are within the power of the President with respect to

trade in any goods or services, or with respect to any other area

of pertinent relations with the foreign country.

(c) Scope of authority

(1) For purposes of carrying out the provisions of subsection (a)

or (b) of this section, the Trade Representative is authorized to -

(A) suspend, withdraw, or prevent the application of, benefits

of trade agreement concessions to carry out a trade agreement

with the foreign country referred to in such subsection;

(B) impose duties or other import restrictions on the goods of,

and, notwithstanding any other provision of law, fees or

restrictions on the services of, such foreign country for such

time as the Trade Representative determines appropriate;

(C) in a case in which the act, policy, or practice also fails

to meet the eligibility criteria for receiving duty-free

treatment under subsections (b) and (c) of section 2462 of this

title, subsections (b) and (c) of section 2702 of this title, or

subsections (c) and (d) of section 3202 of this title, withdraw,

limit, or suspend such treatment under such provisions,

notwithstanding the provisions of subsection (a)(3) of this

section; or

(D) enter into binding agreements with such foreign country

that commit such foreign country to -

(i) eliminate, or phase out, the act, policy, or practice

that is the subject of the action to be taken under subsection

(a) or (b) of this section,

(ii) eliminate any burden or restriction on United States

commerce resulting from such act, policy, or practice, or

(iii) provide the United States with compensatory trade

benefits that -

(I) are satisfactory to the Trade Representative, and

(II) meet the requirements of paragraph (4).

(2)(A) Notwithstanding any other provision of law governing any

service sector access authorization, and in addition to the

authority conferred in paragraph (1), the Trade Representative may,

for purposes of carrying out the provisions of subsection (a) or

(b) of this section -

(i) restrict, in the manner and to the extent the Trade

Representative determines appropriate, the terms and conditions

of any such authorization, or

(ii) deny the issuance of any such authorization.

(B) Actions described in subparagraph (A) may only be taken under

this section with respect to service sector access authorizations

granted, or applications therefor pending, on or after the date on

which -

(i) a petition is filed under section 2412(a) of this title, or

(ii) a determination to initiate an investigation is made by

the Trade Representative under section 2412(b) of this title.

(C) Before the Trade Representative takes any action under this

section involving the imposition of fees or other restrictions on

the services of a foreign country, the Trade Representative shall,

if the services involved are subject to regulation by any agency of

the Federal Government or of any State, consult, as appropriate,

with the head of the agency concerned.

(3) The actions the Trade Representative is authorized to take

under subsection (a) or (b) of this section may be taken against

any goods or economic sector -

(A) on a nondiscriminatory basis or solely against the foreign

country described in such subsection, and

(B) without regard to whether or not such goods or economic

sector were involved in the act, policy, or practice that is the

subject of such action.

(4) Any trade agreement described in paragraph (1)(D)(iii) shall

provide compensatory trade benefits that benefit the economic

sector which includes the domestic industry that would benefit from

the elimination of the act, policy, or practice that is the subject

of the action to be taken under subsection (a) or (b) of this

section, or benefit the economic sector as closely related as

possible to such economic sector, unless -

(A) the provision of such trade benefits is not feasible, or

(B) trade benefits that benefit any other economic sector would

be more satisfactory than such trade benefits.

(5) If the Trade Representative determines that actions to be

taken under subsection (a) or (b) of this section are to be in the

form of import restrictions, the Trade Representative shall -

(A) give preference to the imposition of duties over the

imposition of other import restrictions, and

(B) if an import restriction other than a duty is imposed,

consider substituting, on an incremental basis, an equivalent

duty for such other import restriction.

(6) Any action taken by the Trade Representative under this

section with respect to export targeting shall, to the extent

possible, reflect the full benefit level of the export targeting to

the beneficiary over the period during which the action taken has

an effect.

(d) Definitions and special rules

For purposes of this subchapter -

(1) The term ''commerce'' includes, but is not limited to -

(A) services (including transfers of information) associated

with international trade, whether or not such services are

related to specific goods, and

(B) foreign direct investment by United States persons with

implications for trade in goods or services.

(2) An act, policy, or practice of a foreign country that

burdens or restricts United States commerce may include the

provision, directly or indirectly, by that foreign country of

subsidies for the construction of vessels used in the commercial

transportation by water of goods between foreign countries and

the United States.

(3)(A) An act, policy, or practice is unreasonable if the act,

policy, or practice, while not necessarily in violation of, or

inconsistent with, the international legal rights of the United

States, is otherwise unfair and inequitable.

(B) Acts, policies, and practices that are unreasonable

include, but are not limited to, any act, policy, or practice, or

any combination of acts, policies, or practices, which -

(i) denies fair and equitable -

(I) opportunities for the establishment of an enterprise,

(II) provision of adequate and effective protection of

intellectual property rights notwithstanding the fact that

the foreign country may be in compliance with the specific

obligations of the Agreement on Trade-Related Aspects of

Intellectual Property Rights referred to in section

3511(d)(15) of this title,

(III) nondiscriminatory market access opportunities for

United States persons that rely upon intellectual property

protection, or

(IV) market opportunities, including the toleration by a

foreign government of systematic anticompetitive activities

by enterprises or among enterprises in the foreign country

that have the effect of restricting, on a basis that is

inconsistent with commercial considerations, access of United

States goods or services to a foreign market,

(ii) constitutes export targeting, or

(iii) constitutes a persistent pattern of conduct that -

(I) denies workers the right of association,

(II) denies workers the right to organize and bargain

collectively,

(III) permits any form of forced or compulsory labor,

(IV) fails to provide a minimum age for the employment of

children, or

(V) fails to provide standards for minimum wages, hours of

work, and occupational safety and health of workers.

(C)(i) Acts, policies, and practices of a foreign country

described in subparagraph (B)(iii) shall not be treated as being

unreasonable if the Trade Representative determines that -

(I) the foreign country has taken, or is taking, actions that

demonstrate a significant and tangible overall advancement in

providing throughout the foreign country (including any

designated zone within the foreign country) the rights and

other standards described in the subclauses of subparagraph

(B)(iii), or

(II) such acts, policies, and practices are not inconsistent

with the level of economic development of the foreign country.

(ii) The Trade Representative shall publish in the Federal

Register any determination made under clause (i), together with a

description of the facts on which such determination is based.

(D) For purposes of determining whether any act, policy, or

practice is unreasonable, reciprocal opportunities in the United

States for foreign nationals and firms shall be taken into

account, to the extent appropriate.

(E) The term ''export targeting'' means any government plan or

scheme consisting of a combination of coordinated actions

(whether carried out severally or jointly) that are bestowed on a

specific enterprise, industry, or group thereof, the effect of

which is to assist the enterprise, industry, or group to become

more competitive in the export of a class or kind of merchandise.

(F)(i) For the purposes of subparagraph (B)(i)(II), adequate

and effective protection of intellectual property rights includes

adequate and effective means under the laws of the foreign

country for persons who are not citizens or nationals of such

country to secure, exercise, and enforce rights and enjoy

commercial benefits relating to patents, trademarks, copyrights

and related rights, mask works, trade secrets, and plant

breeder's rights.

(ii) For purposes of subparagraph (B)(i)(IV), the denial of

fair and equitable nondiscriminatory market access opportunities

includes restrictions on market access related to the use,

exploitation, or enjoyment of commercial benefits derived from

exercising intellectual property rights in protected works or

fixations or products embodying protected works.

(4)(A) An act, policy, or practice is unjustifiable if the act,

policy, or practice is in violation of, or inconsistent with, the

international legal rights of the United States.

(B) Acts, policies, and practices that are unjustifiable

include, but are not limited to, any act, policy, or practice

described in subparagraph (A) which denies national or

most-favored-nation treatment or the right of establishment or

protection of intellectual property rights.

(5) Acts, policies, and practices that are discriminatory

include, when appropriate, any act, policy, and practice which

denies national or most-favored-nation treatment to United States

goods, services, or investment.

(6) The term ''service sector access authorization'' means any

license, permit, order, or other authorization, issued under the

authority of Federal law, that permits a foreign supplier of

services access to the United States market in a service sector

concerned.

(7) The term ''foreign country'' includes any foreign

instrumentality. Any possession or territory of a foreign

country that is administered separately for customs purposes

shall be treated as a separate foreign country.

(8) The term ''Trade Representative'' means the United States

Trade Representative.

(9) The term ''interested persons'', only for purposes of

sections 2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2), and 2417(a)(2)

of this title, includes, but is not limited to, domestic firms

and workers, representatives of consumer interests, United States

product exporters, and any industrial user of any goods or

services that may be affected by actions taken under subsection

(a) or (b) of this section.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 301, as added Pub. L. 96-39, title

IX, Sec. 901, July 26, 1979, 93 Stat. 295; amended Pub. L. 98-573,

title III, Sec. 304(a)-(c), (f), Oct. 30, 1984, 98 Stat. 3002,

3005; Pub. L. 100-418, title I, Sec. 1301(a), Aug. 23, 1988, 102

Stat. 1164; Pub. L. 103-465, title III, Sec. 314(a)-(c), title VI,

Sec. 621(a)(9), Dec. 8, 1994, 108 Stat. 4939, 4940, 4993; Pub. L.

104-295, Sec. 20(c)(4), Oct. 11, 1996, 110 Stat. 3528.)

-MISC1-

PRIOR PROVISIONS

A prior section 301 of Pub. L. 93-618, title III, Jan. 3, 1975,

88 Stat. 2041, which related to Presidential responses to foreign

import restrictions and export subsidies and which was classified

to this section, was omitted in the general revision of chapter 1

of title III of Pub. L. 93-618 by Pub. L. 96-39, title IX, Sec.

901, July 26, 1979, 93 Stat. 295.

AMENDMENTS

1996 - Subsec. (c)(4). Pub. L. 104-295 substituted ''paragraph

(1)(D)(iii)'' for ''paragraph (1)(C)(iii)''.

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 314(a)(1), inserted

at end of concluding provisions ''Actions may be taken that are

within the power of the President with respect to trade in any

goods or services, or with respect to any other area of pertinent

relations with the foreign country.''

Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 621(a)(9), substituted

''the Dispute Settlement Body (as defined in section 3531(5) of

this title) has adopted a report,'' for ''the Contracting Parties

to the General Agreement on Tariffs and Trade have determined, a

panel of experts has reported to the Contracting Parties,''.

Subsec. (b)(2). Pub. L. 103-465, Sec. 314(a)(1), inserted at end

''Actions may be taken that are within the power of the President

with respect to trade in any goods or services, or with respect to

any other area of pertinent relations with the foreign country.''

Subsec. (c)(1)(B) to (D). Pub. L. 103-465, Sec. 314(b)(1), struck

out ''or'' at end of subpar. (B), added subpar. (C), and

redesignated former subpar. (C) as (D).

Subsec. (c)(5). Pub. L. 103-465, Sec. 314(a)(2), added

introductory provisions, reenacted subpar. (A) without change, and

struck out former introductory provisions which read as follows:

''In taking actions under subsection (a) or (b) of this section,

the Trade Representative shall - ''.

Subsec. (d)(3)(B)(i)(II) to (IV). Pub. L. 103-465, Sec.

314(c)(1), added subcls. (II) to (IV) and struck out former subcls.

(II) and (III) which read as follows:

''(II) provision of adequate and effective protection of

intellectual property rights, or

''(III) market opportunities, including the toleration by a

foreign government of systematic anticompetitive activities by

private firms or among private firms in the foreign country that

have the effect of restricting, on a basis that is inconsistent

with commercial considerations, access of United States goods to

purchasing by such firms,''.

Subsec. (d)(3)(F). Pub. L. 103-465, Sec. 314(c)(2), added subpar.

(F).

1988 - Pub. L. 100-418 amended section generally, substituting

provisions relating to actions by United States Trade

Representative for provisions relating to determinations and action

by President.

1984 - Subsec. (a). Pub. L. 98-573, Sec. 304(a), amended subsec.

(a) generally, which prior to amendment provided that if the

President determines that action by the United States is

appropriate (1) to enforce the rights of the United States under

any trade agreement; or (2) to respond to any act, policy, or

practice of a foreign country or instrumentality that (A) is

inconsistent with the provisions of, or otherwise denies benefits

to the United States under, any trade agreement, or (B) is

unjustifiable, unreasonable, or discriminatory and burdens or

restricts United States commerce; the President shall take all

appropriate and feasible action within his power to enforce such

rights or to obtain the elimination of such act, policy, or

practice and that action under this section may be taken on a

nondiscriminatory basis or solely against the products or services

of the foreign country or instrumentality involved.

Subsec. (b)(1). Pub. L. 98-573, Sec. 304(b)(1), struck out

''and'' at end.

Subsec. (b)(2). Pub. L. 98-573, Sec. 304(b)(2), (3), inserted '',

notwithstanding any other provision of law,'' and substituted

''goods'' for ''products''.

Subsecs. (c), (d). Pub. L. 98-573, Sec. 304(c), added subsec. (c)

and redesignated existing subsecs. (c) and (d) as (d) and (e),

respectively.

Subsec. (e). Pub. L. 98-573, Sec. 304(c), (f), redesignated

subsec. (d) as (e), inserted ''For purposes of this section - ''

before par. (1), in par. (1) substituted provisions defining

''commerce'' as including, but not limited to services (including

transfers of information) associated with international trade,

whether or not such services are related to specific goods, and

foreign direct investment by United States persons with

implications for trade in goods or services for provision defining

''commerce'' as including, but not limited to, services associated

with international trade, whether or not such services are related

to specific products, and added pars. (3) to (6).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 314(a)-(c) of 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 316(a) of Pub. L.

103-465, set out as an Effective Date note under section 3581 of

this title.

Amendment by section 621(a)(9) of 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 621(b) of Pub. L.

103-465, set out as a note under section 1677k of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1301(c) of Pub. L. 100-418 provided that: ''The

amendments made by this section (enacting sections 2417 to 2419 of

this title and amending this section and sections 2412 to 2416 of

this title) shall apply to -

''(1) petitions filed, and investigations initiated, under

section 302 of the Trade Act of 1974 (19 U.S.C. 2412) on or after

the date of the enactment of this Act (Aug. 23, 1988); and

''(2) petitions filed, and investigations initiated, before the

date of enactment of this Act, if by that date no decision had

been made under section 304 (19 U.S.C. 2414) regarding the

petition or investigation.''

EFFECTIVE DATE

Section 903 of Pub. L. 96-39 provided that: ''The amendments made

by sections 901 and 902 (enacting this subchapter and amending

sections 1872, 2192, and 2194 of this title) shall take effect on

the date of the enactment of this Act (July 26, 1979). Any petition

for review filed with the Special Representative for Trade

Negotiations under section 301 of the Trade Act of 1974 (as in

effect on the day before such date of enactment) (former section

2411 of this title) and pending on such date of enactment shall be

treated as an investigation initiated on such date of enactment

under section 302(b)(2) of the Trade Act of 1974 (as added by

section 901 of this Act) (section 2412(b)(2) of this title) and any

information developed by, or submitted to, the Special

Representative before such date of enactment under the review shall

be treated as part of the information developed during such

investigation.''

-EXEC-

EX. ORD. NO. 13155. ACCESS TO HIV/AIDS PHARMACEUTICALS AND MEDICAL

TECHNOLOGIES

Ex. Ord. No. 13155, May 10, 2000, 65 F.R. 30521, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

141 and chapter 1 of title III of the Trade Act of 1974, as amended

(19 U.S.C. 2171, 2411-2420), section 307 of the Public Health

Service Act (42 U.S.C. 242l), and section 104 of the Foreign

Assistance Act of 1961, as amended (22 U.S.C. 2151b), and in

accordance with executive branch policy on health-related

intellectual property matters to promote access to essential

medicines, it is hereby ordered as follows:

Section 1. Policy. (a) In administering sections 301-310 of the

Trade Act of 1974 (19 U.S.C. 2411-2420), the United States shall

not seek, through negotiation or otherwise, the revocation or

revision of any intellectual property law or policy of a

beneficiary sub-Saharan African country, as determined by the

President, that regulates HIV/AIDS pharmaceuticals or medical

technologies if the law or policy of the country:

(1) promotes access to HIV/AIDS pharmaceuticals or medical

technologies for affected populations in that country; and

(2) provides adequate and effective intellectual property

protection consistent with the Agreement on Trade-Related Aspects

of Intellectual Property Rights (TRIPS Agreement) referred to in

section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C.

3511(d)(15)).

(b) The United States shall encourage all beneficiary sub-Saharan

African countries to implement policies designed to address the

underlying causes of the HIV/AIDS crisis by, among other things,

making efforts to encourage practices that will prevent further

transmission and infection and to stimulate development of the

infrastructure necessary to deliver adequate health services, and

by encouraging policies that provide an incentive for public and

private research on, and development of, vaccines and other medical

innovations that will combat the HIV/AIDS epidemic in Africa.

Sec. 2. Rationale: (a) This order finds that:

(1) since the onset of the worldwide HIV/AIDS epidemic,

approximately 34 million people living in sub-Saharan Africa have

been infected with the disease;

(2) of those infected, approximately 11.5 million have died;

(3) the deaths represent 83 percent of the total HIV/AIDS-related

deaths worldwide; and

(4) access to effective therapeutics for HIV/AIDS is determined

by issues of price, health system infrastructure for delivery, and

sustainable financing.

(b) In light of these findings, this order recognizes that:

(1) it is in the interest of the United States to take all

reasonable steps to prevent further spread of infectious disease,

particularly HIV/AIDS;

(2) there is critical need for effective incentives to develop

new pharmaceuticals, vaccines, and therapies to combat the HIV/AIDS

crisis, including effective global intellectual property standards

designed to foster pharmaceutical and medical innovation;

(3) the overriding priority for responding to the crisis of

HIV/AIDS in sub-Saharan Africa should be to improve public

education and to encourage practices that will prevent further

transmission and infection, and to stimulate development of the

infrastructure necessary to deliver adequate health care services;

(4) the United States should work with individual countries in

sub-Saharan Africa to assist them in development of effective

public education campaigns aimed at the prevention of HIV/AIDS

transmission and infection, and to improve their health care

infrastructure to promote improved access to quality health care

for their citizens in general, and particularly with respect to the

HIV/AIDS epidemic;

(5) an effective United States response to the crisis in

sub-Saharan Africa must focus in the short term on preventive

programs designed to reduce the frequency of new infections and

remove the stigma of the disease, and should place a priority on

basic health services that can be used to treat opportunistic

infections, sexually transmitted infections, and complications

associated with HIV/AIDS so as to prolong the duration and improve

the quality of life of those with the disease;

(6) an effective United States response to the crisis must also

focus on the development of HIV/AIDS vaccines to prevent the spread

of the disease;

(7) the innovative capacity of the United States in the

commercial and public pharmaceutical research sectors is unmatched

in the world, and the participation of both these sectors will be a

critical element in any successful program to respond to the

HIV/AIDS crisis in sub-Saharan Africa;

(8) the TRIPS Agreement recognizes the importance of promoting

effective and adequate protection of intellectual property rights

and the right of countries to adopt measures necessary to protect

public health;

(9) individual countries should have the ability to take measures

to address the HIV/AIDS epidemic, provided that such measures are

consistent with their international obligations; and

(10) successful initiatives will require effective partnerships

and cooperation among governments, international organizations,

nongovernmental organizations, and the private sector, and greater

consideration should be given to financial, legal, and other

incentives that will promote improved prevention and treatment

actions.

Sec. 3. Scope. (a) This order prohibits the United States

Government from taking action pursuant to section 301(b) of the

Trade Act of 1974 (19 U.S.C. 2411(b)) with respect to any law or

policy in beneficiary sub-Saharan African countries that promotes

access to HIV/AIDS pharmaceuticals or medical technologies and that

provides adequate and effective intellectual property protection

consistent with the TRIPS Agreement. However, this order does not

prohibit United States Government officials from evaluating,

determining, or expressing concern about whether such a law or

policy promotes access to HIV/AIDS pharmaceuticals or medical

technologies or provides adequate and effective intellectual

property protection consistent with the TRIPS Agreement. In

addition, this order does not prohibit United States Government

officials from consulting with or otherwise discussing with

sub-Saharan African governments whether such law or policy meets

the conditions set forth in section 1(a) of this order. Moreover,

this order does not prohibit the United States Government from

invoking the dispute settlement procedures of the World Trade

Organization to examine whether any such law or policy is

consistent with the Uruguay Round Agreements, referred to in

section 101(d) of the Uruguay Round Agreements Act (19 U.S.C.

3511(d)).

(b) This order is intended only to improve the internal

management of the executive branch and is not intended to, and does

not create, any right or benefit, substantive or procedural,

enforceable at law or equity by a party against the United States,

its agencies or instrumentalities, its officers or employees, or

any other person. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2112, 2241, 2412, 2414,

2415, 2416, 2417, 2419, 2554, 2581, 3105, 3106, 3312, 3437, 3512,

3571 of this title; title 7 sections 5602, 5623.

-CITE-

19 USC Sec. 2412 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2412. Initiation of investigations

-STATUTE-

(a) Petitions

(1) Any interested person may file a petition with the Trade

Representative requesting that action be taken under section 2411

of this title and setting forth the allegations in support of the

request.

(2) The Trade Representative shall review the allegations in any

petition filed under paragraph (1) and, not later than 45 days

after the date on which the Trade Representative received the

petition, shall determine whether to initiate an investigation.

(3) If the Trade Representative determines not to initiate an

investigation with respect to a petition, the Trade Representative

shall inform the petitioner of the reasons therefor and shall

publish notice of the determination, together with a summary of

such reasons, in the Federal Register.

(4) If the Trade Representative makes an affirmative

determination under paragraph (2) with respect to a petition, the

Trade Representative shall initiate an investigation regarding the

issues raised in the petition. The Trade Representative shall

publish a summary of the petition in the Federal Register and

shall, as soon as possible, provide opportunity for the

presentation of views concerning the issues, including a public

hearing -

(A) within the 30-day period beginning on the date of the

affirmative determination (or on a date after such period if

agreed to by the petitioner) if a public hearing within such

period is requested in the petition, or

(B) at such other time if a timely request therefor is made by

the petitioner or by any interested person.

(b) Initiation of investigation by means other than petition

(1)(A) If the Trade Representative determines that an

investigation should be initiated under this subchapter with

respect to any matter in order to determine whether the matter is

actionable under section 2411 of this title, the Trade

Representative shall publish such determination in the Federal

Register and shall initiate such investigation.

(B) The Trade Representative shall, before making any

determination under subparagraph (A), consult with appropriate

committees established pursuant to section 2155 of this title.

(2)(A) By no later than the date that is 30 days after the date

on which a country is identified under section 2242(a)(2) of this

title, the Trade Representative shall initiate an investigation

under this subchapter with respect to any act, policy, or practice

of that country that -

(i) was the basis for such identification, and

(ii) is not at that time the subject of any other investigation

or action under this subchapter.

(B) The Trade Representative is not required under subparagraph

(A) to initiate an investigation under this subchapter with respect

to any act, policy, or practice of a foreign country if the Trade

Representative determines that the initiation of the investigation

would be detrimental to United States economic interests.

(C) If the Trade Representative makes a determination under

subparagraph (B) not to initiate an investigation, the Trade

Representative shall submit to the Congress a written report

setting forth, in detail -

(i) the reasons for the determination, and

(ii) the United States economic interests that would be

adversely affected by the investigation.

(D) The Trade Representative shall, from time to time, consult

with the Register of Copyrights, the Under Secretary of Commerce

for Intellectual Property and Director of the United States Patent

and Trademark Office, and other appropriate officers of the Federal

Government, during any investigation initiated under this

subchapter by reason of subparagraph (A).

(c) Discretion

In determining whether to initiate an investigation under

subsection (a) or (b) of this section of any act, policy, or

practice that is enumerated in any provision of section 2411(d) of

this title, the Trade Representative shall have discretion to

determine whether action under section 2411 of this title would be

effective in addressing such act, policy, or practice.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 302, as added Pub. L. 96-39, title

IX, Sec. 901, July 26, 1979, 93 Stat. 296; amended Pub. L. 98-573,

title III, Sec. 304(d)(1), Oct. 30, 1984, 98 Stat. 3003; Pub. L.

100-418, title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1168; Pub.

L. 106-113, div. B, Sec. 1000(a)(9) (title IV, Sec. 4732(b)(9)),

Nov. 29, 1999, 113 Stat. 1536, 1501A-584.)

-MISC1-

PRIOR PROVISIONS

A prior section 302 of Pub. L. 93-618, title III, Jan. 3, 1975,

88 Stat. 2043, which related to the procedure for Congressional

disapproval of certain actions taken by the President to eliminate

foreign import restrictions and export subsidies and which was

classified to this section, was omitted in the general revision of

chapter 1 of title III of Pub. L. 93-618 by Pub. L. 96-39, title

IX, Sec. 901, July 26, 1979, 93 Stat. 295.

AMENDMENTS

1999 - Subsec. (b)(2)(D). Pub. L. 106-113 substituted ''Under

Secretary of Commerce for Intellectual Property and Director of the

United States Patent and Trademark Office'' for ''Commissioner of

Patents and Trademarks''.

1988 - Pub. L. 100-418 amended section generally, substituting

provisions relating to initiating investigations with or without

petitions and discretion of Trade Representative for provisions

relating to filing and determinations on petitions for

investigations and investigations initiated by Trade

Representative.

1984 - Pub. L. 98-573 amended section generally, substituting

''United States Trade Representative'' and ''Trade Representative''

for ''Special Representative for Trade Negotiations'' and ''Special

Representative'', respectively, substituting ''the reasons'' for

''his reasons'' in subsec. (b)(1), substituting ''a summary'' for

''the text'' in subsec. (b)(2), striking out the comma after

''petitioner)'' in subsec. (b)(2)(A), and inserting ''or by any

interested person'' after ''petitioner'' in subsec. (b)(2)(B).

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) (title IV, Sec. 4731) of Pub. L.

106-113, set out as a note under section 1 of Title 35, Patents.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable to petitions filed, and

investigations initiated, under this section on or after Aug. 23,

1988, and petitions filed, and investigations initiated, before

Aug. 23, 1988, if by such date no decision had been made under

section 2414 of this title regarding the petition or investigation,

see section 1301(c) of Pub. L. 100-418, set out as a note under

section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1872, 2241, 2242, 2411,

2413, 2414, 2415, 2419, 2420, 3437, 3537, 3571 of this title.

-CITE-

19 USC Sec. 2413 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2413. Consultation upon initiation of investigation

-STATUTE-

(a) In general

(1) On the date on which an investigation is initiated under

section 2412 of this title, the Trade Representative, on behalf of

the United States, shall request consultations with the foreign

country concerned regarding the issues involved in such

investigation.

(2) If the investigation initiated under section 2412 of this

title involves a trade agreement and a mutually acceptable

resolution is not reached before the earlier of -

(A) the close of the consultation period, if any, specified in

the trade agreement, or

(B) the 150th day after the day on which consultation was

commenced,

the Trade Representative shall promptly request proceedings on the

matter under the formal dispute settlement procedures provided

under such agreement.

(3) The Trade Representative shall seek information and advice

from the petitioner (if any) and the appropriate committees

established pursuant to section 2155 of this title in preparing

United States presentations for consultations and dispute

settlement proceedings.

(b) Delay of request for consultations

(1) Notwithstanding the provisions of subsection (a) of this

section -

(A) the United States Trade Representative may, after

consulting with the petitioner (if any), delay for up to 90 days

any request for consultations under subsection (a) of this

section for the purpose of verifying or improving the petition to

ensure an adequate basis for consultation, and

(B) if such consultations are delayed by reason of subparagraph

(A), each time limitation under section 2414 of this title shall

be extended for the period of such delay.

(2) The Trade Representative shall -

(A) publish notice of any delay under paragraph (1) in the

Federal Register, and

(B) report to Congress on the reasons for such delay in the

report required under section 2419(a)(3) of this title.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 303, as added Pub. L. 96-39, title

IX, Sec. 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98-573,

title III, Sec. 304(d)(2)(B), (e), 306(c)(2)(C)(ii), Oct. 30, 1984,

98 Stat. 3004, 3005, 3012; Pub. L. 100-418, title I, Sec. 1301(a),

Aug. 23, 1988, 102 Stat. 1170.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 amended section generally, revising and

restating substantially similar provisions.

1984 - Subsec. (a). Pub. L. 98-573, Sec. 304(d)(2)(B), (e)(1),

306(c)(2)(C)(ii), designated existing provisions as subsec. (a),

struck out ''with respect to a petition'' after ''section 2412(b)

of this title'', inserted ''or the determination of the Trade

Representative under section 2412(c)(1) of this title'' after ''in

the petition'', and ''(if any)'' after ''petitioner'', and struck

out ''private sector'' after ''appropriate''.

Subsec. (b). Pub. L. 98-573, Sec. 304(e)(2), added subsec. (b).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable to petitions filed, and

investigations initiated, under section 2412 of this title on or

after Aug. 23, 1988, and petitions filed, and investigations

initiated, before Aug. 23, 1988, if by such date no decision had

been made under section 2414 of this title regarding the petition

or investigation, see section 1301(c) of Pub. L. 100-418, set out

as a note under section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2414, 2420 of this title.

-CITE-

19 USC Sec. 2414 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2414. Determinations by Trade Representative

-STATUTE-

(a) In general

(1) On the basis of the investigation initiated under section

2412 of this title and the consultations (and the proceedings, if

applicable) under section 2413 of this title, the Trade

Representative shall -

(A) determine whether -

(i) the rights to which the United States is entitled under

any trade agreement are being denied, or

(ii) any act, policy, or practice described in subsection

(a)(1)(B) or (b)(1) of section 2411 of this title exists, and

(B) if the determination made under subparagraph (A) is

affirmative, determine what action, if any, the Trade

Representative should take under subsection (a) or (b) of section

2411 of this title.

(2) The Trade Representative shall make the determinations

required under paragraph (1) on or before -

(A) in the case of an investigation involving a trade

agreement, the earlier of -

(i) the date that is 30 days after the date on which the

dispute settlement procedure is concluded, or

(ii) the date that is 18 months after the date on which the

investigation is initiated, or

(B) in all cases not described in subparagraph (A) or paragraph

(3), the date that is 12 months after the date on which the

investigation is initiated.

(3)(A) If an investigation is initiated under this subchapter by

reason of section 2412(b)(2) of this title and the Trade

Representative does not consider that a trade agreement, including

the Agreement on Trade-Related Aspects of Intellectual Property

Rights (referred to in section 3511(d)(15) of this title), is

involved or does not make a determination described in subparagraph

(B) with respect to such investigation, the Trade Representative

shall make the determinations required under paragraph (1) with

respect to such investigation by no later than the date that is 6

months after the date on which such investigation is initiated.

(B) If the Trade Representative determines with respect to an

investigation initiated by reason of section 2412(b)(2) of this

title (other than an investigation involving a trade agreement)

that -

(i) complex or complicated issues are involved in the

investigation that require additional time,

(ii) the foreign country involved in the investigation is

making substantial progress in drafting or implementing

legislative or administrative measures that will provide adequate

and effective protection of intellectual property rights, or

(iii) such foreign country is undertaking enforcement measures

to provide adequate and effective protection of intellectual

property rights,

the Trade Representative shall publish in the Federal Register

notice of such determination and shall make the determinations

required under paragraph (1) with respect to such investigation by

no later than the date that is 9 months after the date on which

such investigation is initiated.

(4) In any case in which a dispute is not resolved before the

close of the minimum dispute settlement period provided for in a

trade agreement, the Trade Representative, within 15 days after the

close of such dispute settlement period, shall submit a report to

Congress setting forth the reasons why the dispute was not resolved

within the minimum dispute settlement period, the status of the

case at the close of the period, and the prospects for resolution.

For purposes of this paragraph, the minimum dispute settlement

period provided for under any such trade agreement is the total

period of time that results if all stages of the formal dispute

settlement procedures are carried out within the time limitations

specified in the agreement, but computed without regard to any

extension authorized under the agreement at any stage.

(b) Consultation before determinations

(1) Before making the determinations required under subsection

(a)(1) of this section, the Trade Representative, unless

expeditious action is required -

(A) shall provide an opportunity (after giving not less than 30

days notice thereof) for the presentation of views by interested

persons, including a public hearing if requested by any

interested person,

(B) shall obtain advice from the appropriate committees

established pursuant to section 2155 of this title, and

(C) may request the views of the United States International

Trade Commission regarding the probable impact on the economy of

the United States of the taking of action with respect to any

goods or service.

(2) If the Trade Representative does not comply with the

requirements of subparagraphs (A) and (B) of paragraph (1) because

expeditious action is required, the Trade Representative shall,

after making the determinations under subsection (a)(1) of this

section, comply with such subparagraphs.

(c) Publication

The Trade Representative shall publish in the Federal Register

any determination made under subsection (a)(1) of this section,

together with a description of the facts on which such

determination is based.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 304, as added Pub. L. 96-39, title

IX, Sec. 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98-573,

title III, Sec. 304(d)(2)(C), 306(c)(2)(C)(ii), Oct. 30, 1984, 98

Stat. 3005, 3012; Pub. L. 100-418, title I, Sec. 1301(a), Aug. 23,

1988, 102 Stat. 1170; Pub. L. 103-465, title III, Sec. 314(d), Dec.

8, 1994, 108 Stat. 4940; Pub. L. 104-295, Sec. 20(c)(6), Oct. 11,

1996, 110 Stat. 3528.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(3)(A). Pub. L. 104-295 inserted ''Rights''

after ''Intellectual Property''.

1994 - Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 314(d)(1), struck

out ''(other than the agreement on subsidies and countervailing

measures described in section 2503(c)(5) of this title)'' after

''trade agreement''.

Subsec. (a)(3)(A). Pub. L. 103-465, Sec. 314(d)(2)(A), inserted

''does not consider that a trade agreement, including the Agreement

on Trade-Related Aspects of Intellectual Property (referred to in

section 3511(d)(15) of this title), is involved or'' after ''Trade

Representative'' the first place appearing.

Subsec. (a)(3)(B). Pub. L. 103-465, Sec. 314(d)(2)(B), in

introductory provisions, substituted ''an investigation initiated

by reason of section 2412(b)(2) of this title (other than an

investigation involving a trade agreement)'' for ''any

investigation initiated by reason of section 2412(b)(2) of this

title''.

Subsec. (a)(4). Pub. L. 103-465, Sec. 314(d)(3), struck out

''(other than the agreement on subsidies and countervailing

measures described in section 2503(c)(5) of this title)'' after

''in a trade agreement''.

1988 - Pub. L. 100-418 amended section generally, substituting

provisions relating to determinations by Trade Representative for

provisions relating to recommendations by Trade Representative.

1984 - Subsec. (a)(1). Pub. L. 98-573, Sec. 304(d)(2)(C),

substituted ''matters under investigation'' for ''issues raised in

the petition'' in first sentence.

Subsec. (b)(2). Pub. L. 98-573, Sec. 306(c)(2)(C)(ii), struck out

''private sector'' after ''appropriate''.

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 316(a) of Pub. L. 103-465, set out as

an Effective Date note under section 3581 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable to petitions filed, and

investigations initiated, under section 2412 of this title on or

after Aug. 23, 1988, and petitions filed, and investigations

initiated, before Aug. 23, 1988, if by such date no decision had

been made under this section regarding the petition or

investigation, see section 1301(c) of Pub. L. 100-418, set out as a

note under section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2411, 2413, 2415, 2416,

3106, 3571 of this title.

-CITE-

19 USC Sec. 2415 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2415. Implementation of actions

-STATUTE-

(a) Actions to be taken under section 2411

(1) Except as provided in paragraph (2), the Trade Representative

shall implement the action the Trade Representative determines

under section 2414(a)(1)(B) of this title to take under section

2411 of this title, subject to the specific direction, if any, of

the President regarding any such action, by no later than the date

that is 30 days after the date on which such determination is made.

(2)(A) Except as otherwise provided in this paragraph, the Trade

Representative may delay, by not more than 180 days, the

implementation of any action that is to be taken under section 2411

of this title -

(i) if -

(I) in the case of an investigation initiated under section

2412(a) of this title, the petitioner requests a delay, or

(II) in the case of an investigation initiated under section

2412(b)(1) of this title or to which section 2414(a)(3)(B) of

this title applies, a delay is requested by a majority of the

representatives of the domestic industry that would benefit

from the action, or

(ii) if the Trade Representative determines that substantial

progress is being made, or that a delay is necessary or

desirable, to obtain United States rights or a satisfactory

solution with respect to the acts, policies, or practices that

are the subject of the action.

(B) The Trade Representative may not delay under subparagraph (A)

the implementation of any action that is to be taken under section

2411 of this title with respect to any investigation to which

section 2414(a)(3)(A) of this title applies.

(C) The Trade Representative may not delay under subparagraph (A)

the implementation of any action that is to be taken under section

2411 of this title with respect to any investigation to which

section 2414(a)(3)(B) of this title applies by more than 90 days.

(b) Alternative actions in certain cases of export targeting

(1) If the Trade Representative makes an affirmative

determination under section 2414(a)(1)(A) of this title involving

export targeting by a foreign country and determines to take no

action under section 2411 of this title with respect to such

affirmation determination, the Trade Representative -

(A) shall establish an advisory panel to recommend measures

which will promote the competitiveness of the domestic industry

affected by the export targeting,

(B) on the basis of the report of such panel submitted under

paragraph (2)(B) and subject to the specific direction, if any,

of the President, may take any administrative actions authorized

under any other provision of law, and, if necessary, propose

legislation to implement any other actions, that would restore or

improve the international competitiveness of the domestic

industry affected by the export targeting, and

(C) shall, by no later than the date that is 30 days after the

date on which the report of such panel is submitted under

paragraph (2)(B), submit a report to the Congress on the

administrative actions taken, and legislative proposals made,

under subparagraph (B) with respect to the domestic industry

affected by the export targeting.

(2)(A) The advisory panels established under paragraph (1)(A)

shall consist of individuals appointed by the Trade Representative

who -

(i) earn their livelihood in the private sector of the economy,

including individuals who represent management and labor in the

domestic industry affected by the export targeting that is the

subject of the affirmative determination made under section

2414(a)(1)(A) of this title, and

(ii) by education or experience, are qualified to serve on the

advisory panel.

(B) By no later than the date that is 6 months after the date on

which an advisory panel is established under paragraph (1)(A), the

advisory panel shall submit to the Trade Representative and to the

Congress a report on measures that the advisory panel recommends be

taken by the United States to promote the competitiveness of the

domestic industry affected by the export targeting that is the

subject of the affirmative determination made under section

2414(a)(1)(A) of this title.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 305, as added Pub. L. 96-39, title

IX, Sec. 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 98-573,

title III, Sec. 304(g), Oct. 30, 1984, 98 Stat. 3006; Pub. L.

100-418, title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1172.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 amended section generally, substituting

provisions relating to implementation of actions for provisions

relating to requests for information. See section 2418 of this

title.

1984 - Subsec. (c). Pub. L. 98-573 added subsec. (c).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable to petitions filed, and

investigations initiated, under section 2412 of this title on or

after Aug. 23, 1988, and petitions filed, and investigations

initiated, before Aug. 23, 1988, if by such date no decision had

been made under section 2414 of this title regarding the petition

or investigation, see section 1301(c) of Pub. L. 100-418, set out

as a note under section 2411 of this title.

-CITE-

19 USC Sec. 2416 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2416. Monitoring of foreign compliance

-STATUTE-

(a) In general

The Trade Representative shall monitor the implementation of each

measure undertaken, or agreement that is entered into, by a foreign

country to provide a satisfactory resolution of a matter subject to

investigation under this subchapter or subject to dispute

settlement proceedings to enforce the rights of the United States

under a trade agreement providing for such proceedings.

(b) Further action

(1) In general

If, on the basis of the monitoring carried out under subsection

(a) of this section, the Trade Representative considers that a

foreign country is not satisfactorily implementing a measure or

agreement referred to in subsection (a) of this section, the

Trade Representative shall determine what further action the

Trade Representative shall take under section 2411(a) of this

title. For purposes of section 2411 of this title, any such

determination shall be treated as a determination made under

section 2414(a)(1) of this title.

(2) WTO dispute settlement recommendations

(A) Failure to implement recommendation

If the measure or agreement referred to in subsection (a) of

this section concerns the implementation of a recommendation

made pursuant to dispute settlement proceedings under the World

Trade Organization, and the Trade Representative considers that

the foreign country has failed to implement it, the Trade

Representative shall make the determination in paragraph (1) no

later than 30 days after the expiration of the reasonable

period of time provided for such implementation under paragraph

21 of the Understanding on Rules and Procedures Governing the

Settlement of Disputes that is referred to in section

3511(d)(16) of this title.

(B) Revision of retaliation list and action

(i) In general

Except as provided in clause (ii), in the event that the

United States initiates a retaliation list or takes any other

action described in section 2411(c)(1)(A) or (B) of this

title against the goods of a foreign country or countries

because of the failure of such country or countries to

implement the recommendation made pursuant to a dispute

settlement proceeding under the World Trade Organization, the

Trade Representative shall periodically revise the list or

action to affect other goods of the country or countries that

have failed to implement the recommendation.

(ii) Exception

The Trade Representative is not required to revise the

retaliation list or the action described in clause (i) with

respect to a country, if -

(I) the Trade Representative determines that

implementation of a recommendation made pursuant to a

dispute settlement proceeding described in clause (i) by

the country is imminent; or

(II) the Trade Representative together with the

petitioner involved in the initial investigation under this

subchapter (or if no petition was filed, the affected

United States industry) agree that it is unnecessary to

revise the retaliation list.

(C) Schedule for revising list or action

The Trade Representative shall, 120 days after the date the

retaliation list or other section 2411(a) action is first

taken, and every 180 days thereafter, review the list or action

taken and revise, in whole or in part, the list or action to

affect other goods of the subject country or countries.

(D) Standards for revising list or action

In revising any list or action against a country or countries

under this subsection, the Trade Representative shall act in a

manner that is most likely to result in the country or

countries implementing the recommendations adopted in the

dispute settlement proceeding or in achieving a mutually

satisfactory solution to the issue that gave rise to the

dispute settlement proceeding. The Trade Representative shall

consult with the petitioner, if any, involved in the initial

investigation under this subchapter.

(E) Retaliation list

The term ''retaliation list'' means the list of products of a

foreign country or countries that have failed to comply with

the report of the panel or Appellate Body of the WTO and with

respect to which the Trade Representative is imposing duties

above the level that would otherwise be imposed under the

Harmonized Tariff Schedule of the United States.

(F) Requirement to include reciprocal goods on retaliation list

The Trade Representative shall include on the retaliation

list, and on any revised lists, reciprocal goods of the

industries affected by the failure of the foreign country or

countries to implement the recommendation made pursuant to a

dispute settlement proceeding under the World Trade

Organization, except in cases where existing retaliation and

its corresponding preliminary retaliation list do not already

meet this requirement.

(c) Consultations

Before making any determination under subsection (b) of this

section, the Trade Representative shall -

(1) consult with the petitioner, if any, involved in the

initial investigation under this subchapter and with

representatives of the domestic industry concerned; and

(2) provide an opportunity for the presentation of views by

interested persons.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 306, as added Pub. L. 96-39, title

IX, Sec. 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 100-418,

title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1173; Pub. L.

103-465, title III, Sec. 314(e), Dec. 8, 1994, 108 Stat. 4941; Pub.

L. 104-295, Sec. 20(c)(1), Oct. 11, 1996, 110 Stat. 3528; Pub. L.

106-200, title IV, Sec. 407, May 18, 2000, 114 Stat. 293.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (b)(2)(E), is not set out in the Code. See Publication

of Harmonized Tariff Schedule note set out under section 1202 of

this title.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(2). Pub. L. 106-200 designated existing

provisions as subpar. (A), inserted heading, and added subpars. (B)

to (F).

1996 - Subsec. (b)(1). Pub. L. 104-295 made technical amendment

to Pub. L. 103-465. See 1994 Amendment note below.

1994 - Subsecs. (a), (b). Pub. L. 103-465, as amended by Pub. L.

104-295, amended subsecs. (a) and (b) generally. Prior to

amendment, subsecs. (a) and (b) read as follows:

''(a) In General. - The Trade Representative shall monitor the

implementation of each measure undertaken, or agreement of a kind

described in clause (i), (ii), or (iii) of section 2411(a)(2)(B) of

this title that is entered into under subsection (a) or (b) of

section 2411 of this title, by a foreign country -

''(1) to enforce the rights of the United States under any

trade agreement, or

''(2) to eliminate any act, policy, or practice described in

subsection (a)(1)(B) or (b)(1) of section 2411 of this title.

''(b) Further Action. - If, on the basis of the monitoring

carried out under subsection (a) of this section, the Trade

Representative considers that a foreign country is not

satisfactorily implementing a measure or agreement referred to in

subsection (a) of this section, the Trade Representative shall

determine what further action the Trade Representative shall take

under section 2411(a) of this title. For purposes of section 2411

of this title, any such determination shall be treated as a

determination made under section 2414(a)(1) of this title.''

1988 - Pub. L. 100-418 amended section generally, substituting

provisions relating to monitoring of foreign compliance for

provisions relating to administration. See section 2419 of this

title.

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 316(a) of Pub. L. 103-465, set out as

an Effective Date note under section 3581 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable to petitions filed, and

investigations initiated, under section 2412 of this title on or

after Aug. 23, 1988, and petitions filed, and investigations

initiated, before Aug. 23, 1988, if by such date no decision had

been made under section 2414 of this title regarding the petition

or investigation, see section 1301(c) of Pub. L. 100-418, set out

as a note under section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2411 of this title.

-CITE-

19 USC Sec. 2417 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2417. Modification and termination of actions

-STATUTE-

(a) In general

(1) The Trade Representative may modify or terminate any action,

subject to the specific direction, if any, of the President with

respect to such action, that is being taken under section 2411 of

this title if -

(A) any of the conditions described in section 2411(a)(2) of

this title exist,

(B) the burden or restriction on United States commerce of the

denial rights, or of the acts, policies, and practices, that are

the subject of such action has increased or decreased, or

(C) such action is being taken under section 2411(b) of this

title and is no longer appropriate.

(2) Before taking any action under paragraph (1) to modify or

terminate any action taken under section 2411 of this title, the

Trade Representative shall consult with the petitioner, if any, and

with representatives of the domestic industry concerned, and shall

provide opportunity for the presentation of views by other

interested persons affected by the proposed modification or

termination concerning the effects of the modification or

termination and whether any modification or termination of the

action is appropriate.

(b) Notice; report to Congress

The Trade Representative shall promptly publish in the Federal

Register notice of, and report in writing to the Congress with

respect to, any modification or termination of any action taken

under section 2411 of this title and the reasons therefor.

(c) Review of necessity

(1) If -

(A) a particular action has been taken under section 2411 of

this title during any 4-year period, and

(B) neither the petitioner nor any representative of the

domestic industry which benefits from such action has submitted

to the Trade Representative during the last 60 days of such

4-year period a written request for the continuation of such

action,

such action shall terminate at the close of such 4-year period.

(2) The Trade Representative shall notify by mail the petitioner

and representatives of the domestic industry described in paragraph

(1)(B) of any termination of action by reason of paragraph (1) at

least 60 days before the date of such termination.

(3) If a request is submitted to the Trade Representative under

paragraph (1)(B) to continue taking a particular action under

section 2411 of this title, the Trade Representative shall conduct

a review of -

(A) the effectiveness in achieving the objectives of section

2411 of this title of -

(i) such action, and

(ii) other actions that could be taken (including actions

against other products or services), and

(B) the effects of such actions on the United States economy,

including consumers.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 307, as added Pub. L. 100-418,

title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1174.)

-MISC1-

EFFECTIVE DATE

Section applicable to petitions filed, and investigations

initiated, under section 2412 of this title on or after Aug. 23,

1988, and petitions filed, and investigations initiated, before

Aug. 23, 1988, if by such date no decision had been made under

section 2414 of this title regarding the petition or investigation,

see section 1301(c) of Pub. L. 100-418, set out as an Effective

Date of 1988 Amendment note under section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2411 of this title.

-CITE-

19 USC Sec. 2418 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2418. Request for information

-STATUTE-

(a) In general

Upon receipt of written request therefor from any person, the

Trade Representative shall make available to that person

information (other than that to which confidentiality applies)

concerning -

(1) the nature and extent of a specific trade policy or

practice of a foreign country with respect to particular goods,

services, investment, or intellectual property rights, to the

extent that such information is available to the Trade

Representative or other Federal agencies;

(2) United States rights under any trade agreement and the

remedies which may be available under that agreement and under

the laws of the United States; and

(3) past and present domestic and international proceedings or

actions with respect to the policy or practice concerned.

(b) If information not available

If information that is requested by a person under subsection (a)

of this section is not available to the Trade Representative or

other Federal agencies, the Trade Representative shall, within 30

days after receipt of the request -

(1) request the information from the foreign government; or

(2) decline to request the information and inform the person in

writing of the reasons for refusal.

(c) Certain business information not made available

(1) Except as provided in paragraph (2), and notwithstanding any

other provision of law (including section 552 of title 5), no

information requested and received by the Trade Representative in

aid of any investigation under this subchapter shall be made

available to any person if -

(A) the person providing such information certifies that -

(i) such information is business confidential,

(ii) the disclosure of such information would endanger trade

secrets or profitability, and

(iii) such information is not generally available;

(B) the Trade Representative determines that such certification

is well-founded; and

(C) to the extent required in regulations prescribed by the

Trade Representative, the person providing such information

provides an adequate nonconfidential summary of such information.

(2) The Trade Representative may -

(A) use such information, or make such information available

(in his own discretion) to any employee of the Federal Government

for use, in any investigation under this subchapter, or

(B) may make such information available to any other person in

a form which cannot be associated with, or otherwise identify,

the person providing the information.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 308, as added Pub. L. 100-418,

title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1175.)

-MISC1-

EFFECTIVE DATE

Section applicable to petitions filed, and investigations

initiated, under section 2412 of this title on or after Aug. 23,

1988, and petitions filed, and investigations initiated, before

Aug. 23, 1988, if by such date no decision had been made under

section 2414 of this title regarding the petition or investigation,

see section 1301(c) of Pub. L. 100-418, set out as an Effective

Date of 1988 Amendment note under section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3437 of this title.

-CITE-

19 USC Sec. 2419 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2419. Administration

-STATUTE-

The Trade Representative shall -

(1) issue regulations concerning the filing of petitions and

the conduct of investigations and hearings under this subchapter,

(2) keep the petitioner regularly informed of all

determinations and developments regarding the investigation

conducted with respect to the petition under this subchapter,

including the reasons for any undue delays, and

(3) submit a report to the House of Representatives and the

Senate semiannually describing -

(A) the petitions filed and the determinations made (and

reasons therefor) under section 2412 of this title,

(B) developments in, and the current status of, each

investigation or proceeding under this subchapter,

(C) the actions taken, or the reasons for no action, by the

Trade Representative under section 2411 of this title with

respect to investigations conducted under this subchapter, and

(D) the commercial effects of actions taken under section

2411 of this title.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 309, as added Pub. L. 100-418,

title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1175.)

-MISC1-

EFFECTIVE DATE

Section applicable to petitions filed, and investigations

initiated, under section 2412 of this title on or after Aug. 23,

1988, and petitions filed, and investigations initiated, before

Aug. 23, 1988, if by such date no decision had been made under

section 2414 of this title regarding the petition or investigation,

see section 1301(c) of Pub. L. 100-418, set out as an Effective

Date of 1988 Amendment note under section 2411 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2242, 2413, 2420, 3103 of

this title.

-CITE-

19 USC Sec. 2420 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE

AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-HEAD-

Sec. 2420. Identification of trade expansion priorities

-STATUTE-

(a) Identification

(1) Within 180 days after the submission in calendar year 1995 of

the report required by section 2241(b) of this title, the Trade

Representative shall -

(A) review United States trade expansion priorities,

(B) identify priority foreign country practices, the

elimination of which is likely to have the most significant

potential to increase United States exports, either directly or

through the establishment of a beneficial precedent, and

(C) submit to the Committee on Finance of the Senate and the

Committee on Ways and Means of the House of Representatives and

publish in the Federal Register a report on the priority foreign

country practices identified.

(2) In identifying priority foreign country practices under

paragraph (1) of this section, the Trade Representative shall take

into account all relevant factors, including -

(A) the major barriers and trade distorting practices described

in the National Trade Estimate Report required under section

2241(b) of this title;

(B) the trade agreements to which a foreign country is a party

and its compliance with those agreements;

(C) the medium- and long-term implications of foreign

government procurement plans; and

(D) the international competitive position and export potential

of United States products and services.

(3) The Trade Representative may include in the report, if

appropriate -

(A) a description of foreign country practices that may in the

future warrant identification as priority foreign country

practices; and

(B) a statement about other foreign country practices that were

not identified because they are already being addressed by

provisions of United States trade law, by existing bilateral

trade agreements, or as part of trade negotiations with other

countries and progress is being made toward the elimination of

such practices.

(b) Initiation of investigations

By no later than the date which is 21 days after the date on

which a report is submitted to the appropriate congressional

committees under subsection (a)(1) of this section, the Trade

Representative shall initiate under section 2412(b)(1) of this

title investigations under this subchapter with respect to all of

the priority foreign country practices identified.

(c) Agreements for elimination of barriers

In the consultations with a foreign country that the Trade

Representative is required to request under section 2413(a) of this

title with respect to an investigation initiated by reason of

subsection (b) of this section, the Trade Representative shall seek

to negotiate an agreement that provides for the elimination of the

practices that are the subject of the investigation as quickly as

possible or, if elimination of the practices is not feasible, an

agreement that provides for compensatory trade benefits.

(d) Reports

The Trade Representative shall include in the semiannual report

required by section 2419 of this title a report on the status of

any investigations initiated pursuant to subsection (b) of this

section and, where appropriate, the extent to which such

investigations have led to increased opportunities for the export

of products and services of the United States.

-SOURCE-

(Pub. L. 93-618, title III, Sec. 310, as added Pub. L. 100-418,

title I, Sec. 1302(a), Aug. 23, 1988, 102 Stat. 1176; amended Pub.

L. 103-465, title III, Sec. 314(f), Dec. 8, 1994, 108 Stat. 4941.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 amended section generally, changing dates

and criteria for submission of certain reports and revising and

restructuring provisions relating to identification of trade

liberalization priorities, initiation of investigations, and

agreements for elimination of barriers.

-EXEC-

EX. ORD. NO. 12901. IDENTIFICATION OF TRADE EXPANSION PRIORITIES

Ex. Ord. No. 12901, Mar. 3, 1994, 59 F.R. 10727, as amended by

Ex. Ord. No. 12973, Sept. 27, 1995, 60 F.R. 51665, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including sections

141 and 301-310 of the Trade Act of 1974, as amended (the ''Act'')

(19 U.S.C. 2171, 2411-2420), and section 301 of title 3, United

States Code, and to ensure that the trade policies of the United

States advance, to the greatest extent possible, the export of the

products and services of the United States and that trade policy

resources are used efficiently, it is hereby ordered as follows:

Section 1. Identification. (a) Within 6 months of the submission

of the National Trade Estimate Report (required by section 181(b)

of the Act (19 U.S.C. 2241)) for 1996 and 1997, the United States

Trade Representative (''Trade Representative'') shall review United

States trade expansion priorities and identify priority foreign

country practices, the elimination of which is likely to have the

most significant potential to increase United States exports,

either directly or through the establishment of a beneficial

precedent. 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, and shall publish in the Federal

Register, a report on the priority foreign country practices

identified.

(b) In identifying priority foreign country practices under

paragraph (a) of this section, the Trade Representative shall take

into account all relevant factors, including:

(1) the major barriers and trade distorting practices described

in the National Trade Estimate Report;

(2) the trade agreements to which a foreign country is a party

and its compliance with those agreements;

(3) the medium-term and long-term implications of foreign

government procurement plans; and

(4) the international competitive position and export potential

of United States products and services.

(c) The Trade Representative may include in the report, if

appropriate, a description of the foreign country practices that

may in the future warrant identification as priority foreign

country practices. The Trade Representative also may include a

statement about other foreign country practices that were not

identified because they are already being addressed by provisions

of United States trade law, existing bilateral trade agreements, or

in trade negotiations with other countries and progress is being

made toward their elimination.

Sec. 2. Initiation of Investigation. Within 21 days of the

submission of the report required by paragraph (a) of section 1,

the Trade Representative shall initiate under section 302(b)(1) of

the Act (19 U.S.C. 2412(b)(1)) investigations under title III,

chapter 1, of the Act (19 U.S.C. 2411 et seq.) with respect to all

of the priority foreign country practices identified.

Sec. 3. Agreements for the Elimination of Barriers. In the

consultations with a foreign country that the Trade Representative

is required to request under section 303(a) of the Act (19 U.S.C.

2413(a)) with respect to an investigation initiated by reason of

section 2 of this order, the Trade Representative shall seek to

negotiate an agreement that provides for the elimination of the

practices that are the subject of the investigation as quickly as

possible or, if that is not feasible, provides for compensatory

trade benefits. The Trade Representative shall monitor any

agreement entered into under this section pursuant to the

provisions of section 306 of the Act (19 U.S.C. 2416).

Sec. 4. Reports. The Trade Representative shall include in the

semiannual report required by section 309 of the Act (19 U.S.C.

2419) a report on the status of any investigation initiated

pursuant to section 2 of this order and, where appropriate, the

extent to which such investigations have led to increased

opportunities for the export of products and services of the United

States.

Sec. 5. Presidential Direction. The authorities delegated

pursuant to this order shall be exercised subject to any subsequent

direction by the President in a particular matter.

William J. Clinton.

EX. ORD. NO. 13116. IDENTIFICATION OF TRADE EXPANSION PRIORITIES

AND DISCRIMINATORY PROCUREMENT PRACTICES

Ex. Ord. No. 13116, Mar. 31, 1999, 64 F.R. 16333, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including title III

of the Act of March 3, 1993 (1933), as amended (41 U.S.C. 10d),

sections 141 and 301-310 of the Trade Act of 1974, as amended (the

Act) (19 U.S.C. 2171, 2411-2420), title III of the Trade Agreements

Act of 1979, as amended (19 U.S.C. 2511-2518), and section 301 of

title 3, United States Code, and to ensure that the trade policies

of the United States advance, to the greatest extent possible, the

export of the products and services of the United States and that

trade policy resources are used efficiently, it is hereby ordered

as follows:

PART I: IDENTIFICATION OF TRADE EXPANSION PRIORITIES

Section 1. Identification and Annual Report. (a) Within 30 days

of the submission of the National Trade Estimate Report required by

section 181(b) of the Act (19 U.S.C. 2241(b)) for 1999, 2000, and

2001, the United States Trade Representative (Trade Representative)

shall review United States trade expansion priorities and identify

priority foreign country practices, the elimination of which is

likely to have the most significant potential to increase United

States exports, either directly or through the establishment of a

beneficial precedent. 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, and shall publish in the

Federal Register, a report on the priority foreign country

practices identified.

(b) In identifying priority foreign country practices under

paragraph (a) of this section, the Trade Representative shall take

into account all relevant factors, including:

(1) the major barriers and trade distorting practices described

in the National Trade Estimate Report;

(2) the trade agreements to which a foreign country is a party

and its compliance with those agreements;

(3) the medium-term and long-term implications of foreign

government procurement plans; and

(4) the international competitive position and export potential

of United States products and services.

(c) The Trade Representative may include in the report, if

appropriate, a description of the foreign country practices that

may in the future warrant identification as priority foreign

country practices. The Trade Representative also may include a

statement about other foreign country practices that were not

identified because they are already being addressed by provisions

of United States trade law, existing bilateral trade agreements, or

in trade negotiations with other countries and progress is being

made toward their elimination.

Sec. 2. Resolution. Upon submission of the report required by

paragraph (a) of section 1 of this part, the Trade Representative

shall, with respect to any priority foreign country practice

identified therein, engage the country concerned for the purpose of

seeking a satisfactory resolution, for example, by obtaining

compliance with a trade agreement or the elimination of the

practice as quickly as possible, or, if this is not feasible, by

providing for compensatory trade benefits.

Sec. 3. Initiation of Investigations. Within 90 days of the

submission of the report required by paragraph (a) of section 1 of

this part, the Trade Representative shall initiate under section

302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) investigations with

respect to all of the priority foreign country practices

identified, unless during the 90-day period the Trade

Representative determines that a satisfactory resolution of the

matter to be investigated has been achieved.

PART II: IDENTIFICATION OF DISCRIMINATORY GOVERNMENT PROCUREMENT

PRACTICES

Section 1. Identification and Annual Report. (a) Within 30 days

of the submission of the National Trade Estimate Report for 1999,

2000, and 2001, the Trade Representative shall submit to the

Committees on Finance and on Governmental Affairs of the Senate and

the Committees on Ways and Means and Government Reform and

Oversight of the House of Representatives, and shall publish in the

Federal Register, a report on the extent to which foreign countries

discriminate against U.S. products or services in making government

procurements.

(b) In the report, the Trade Representative shall identify

countries that:

(1) are not in compliance with their obligations under the

World Trade Organization Agreement on Government Procurement (the

GPA), Chapter 10 of the North American Free Trade Agreement

(NAFTA), or other agreements relating to government procurement

(procurement agreements) to which that country and the United

States are parties; or

(2) maintain, in government procurement, a significant and

persistent pattern or practice of discrimination against U.S.

products or services that results in identifiable harm to U.S.

businesses and whose products or services are acquired in

significant amounts by the United States Government.

Sec. 2. Considerations in Making Identifications. In making the

identifications required by section 1 of this part, the Trade

Representative shall: (a) consider the requirements of the GPA,

NAFTA, or other procurement agreements, government procurement

practices, and the effects of such practices on U.S. businesses as

a basis for evaluating whether the procurement practices of foreign

governments do not provide fair market opportunities for U.S.

products or services;

(b) take into account, among other factors, whether and to what

extent countries that are parties to the GPA, NAFTA, or other

procurement agreements, and other countries described in section 1

of this part:

(1) use sole-sourcing or otherwise noncompetitive procedures

for procurement that could have been conducted using competitive

procedures;

(2) conduct what normally would have been one procurement as

two or more procurements, to decrease the anticipated contract

values below the value threshold of the GPA, NAFTA, or other

procurement agreements, or to make the procurement less

attractive to U.S. businesses;

(3) announce procurement opportunities with inadequate time

intervals for U.S. businesses to submit bids; and

(4) use specifications in such a way as to limit the ability of

U.S. suppliers to participate in procurements; and

(c) consider information included in the National Trade Estimate

Report, and any other additional criteria deemed appropriate,

including, to the extent such information is available, the failure

to apply transparent and competitive procedures or maintain and

enforce effective prohibitions on bribery and other corrupt

practices in connection with government procurement.

Sec. 3. Impact of Noncompliance and Denial of Comparable

Treatment. The Trade Representative shall take into account, in

identifying countries in the annual report and in any action

required by this part, the relative impact of any noncompliance

with the GPA, NAFTA, or other procurement agreements, or of other

discrimination on U.S. commerce, and the extent to which such

noncompliance or discrimination has impeded the ability of U.S.

suppliers to participate in procurements on terms comparable to

those available to suppliers of the country in question when

seeking to sell goods or services to the United States Government.

Sec. 4. Resolution. Upon submission of the report required by

section 1 of this part, the Trade Representative shall engage any

country identified therein for the purpose of seeking a

satisfactory resolution, for example, by obtaining compliance with

the GPA, NAFTA, or other procurement agreements or the elimination

of the discriminatory procurement practices as quickly as possible,

or, if this is not feasible, by providing for compensatory trade

benefits.

Sec. 5. Initiation of Investigations. (a) Within 90 days of the

submission of the report required by section 1 of this part, the

Trade Representative shall initiate under section 302(b)(1) of the

Act (19 U.S.C. 2412(b)(1)) investigations with respect to any

practice that:

(1) was the basis for the identification of a country under

section 1; and

(2) is not at that time the subject of any other investigation

or action under title III, chapter 1, of the Act (19 U.S.C. 2411

et seq.),

unless during the 90-day period the Trade Representative determines

that a satisfactory resolution of the matter to be investigated has

been achieved.

(b) For investigations initiated under paragraph (a) of this

section (other than an investigation involving the GPA or NAFTA),

the Trade Representative shall apply the time limits and procedures

in section 304(a)(3) of the Act (19 U.S.C. 2414(a)(3)). The time

limits in subsection 304(a)(3)(B) of the Act (19 U.S.C.

2414(a)(3)(B)) shall apply if the Trade Representative determines

that:

(1) complex or complicated issues are involved in the

investigation that require additional time;

(2) the foreign country involved in the investigation is making

substantial progress in drafting or implementing legislative or

administrative measures that will end the discriminatory

procurement practice; or

(3) such foreign country is undertaking enforcement measures to

end the discriminatory procurement practice.

PART III: DIRECTION

Section 1. Presidential Direction. The authorities delegated

pursuant to this order shall be exercised subject to any subsequent

direction by the President in a particular matter.

Sec. 2. Consultations and Advice. In developing the annual

reports required by part I and part II of this order, the Trade

Representative shall consult with executive agencies and seek

information and advice from U.S. businesses in the United States

and in the countries involved in the practices under consideration.

William J. Clinton.

-CITE-

19 USC SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT

RECEIVING NONDISCRIMINATORY TREATMENT 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

.

-HEAD-

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2191 of this title.

-CITE-

19 USC Part 1 - Trade Relations With Certain Countries 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

.

-HEAD-

Part 1 - Trade Relations With Certain Countries

-CITE-

19 USC Sec. 2431 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2431. Exception of products of certain countries or areas

-STATUTE-

Except as otherwise provided in this subchapter, the President

shall continue to deny nondiscriminatory treatment to the products

of any country, the products of which were not eligible for the

rates set forth in rate column numbered 1 of the Tariff Schedules

of the United States on January 3, 1975.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 401, Jan. 3, 1975, 88 Stat. 2056.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Schedules of the United States, referred to in text,

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-

REPORT ON EFFECT OF SUBCHAPTER; RECOMMENDATIONS

Pub. L. 95-501, title VI, Sec. 604, Oct. 21, 1978, 92 Stat. 1692,

which provided that within six months after Oct. 21, 1978, the

Secretary of Agriculture submit to Congress a report detailing the

effect on United States agriculture of this subchapter, including a

recommendation as to whether the provisions of this subchapter

should be repealed or amended, was omitted in the general revision

of Pub. L. 95-501 by Pub. L. 101-624, title XV, Sec. 1531, Nov. 28,

1990, 104 Stat. 3668. See chapter 87 (Sec. 5601 et seq.) of Title

7, Agriculture.

-CITE-

19 USC Sec. 2432 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2432. Freedom of emigration in East-West trade

-STATUTE-

(a) Actions of nonmarket economy countries making them ineligible

for normal trade relations, programs of credits, credit

guarantees, or investment guarantees, or commercial agreements

To assure the continued dedication of the United States to

fundamental human rights, and notwithstanding any other provision

of law, on or after January 3, 1975, products from any nonmarket

economy country shall not be eligible to receive nondiscriminatory

treatment (normal trade relations), such country shall not

participate in any program of the Government of the United States

which extends credits or credit guarantees or investment

guarantees, directly or indirectly, and the President of the United

States shall not conclude any commercial agreement with any such

country, during the period beginning with the date on which the

President determines that such country -

(1) denies its citizens the right or opportunity to emigrate;

(2) imposes more than a nominal tax on emigration or on the

visas or other documents required for emigration, for any purpose

or cause whatsoever; or

(3) imposes more than a nominal tax, levy, fine, fee, or other

charge on any citizen as a consequence of the desire of such

citizen to emigrate to the country of his choice,

and ending on the date on which the President determines that such

country is no longer in violation of paragraph (1), (2), or (3).

(b) Presidential determination and report to Congress that nation

is not violating freedom of emigration

After January 3, 1975, (A) products of a nonmarket economy

country may be eligible to receive nondiscriminatory treatment

(normal trade relations), (B) such country may participate in any

program of the Government of the United States which extends

credits or credit guarantees or investment guarantees, and (C) the

President may conclude a commercial agreement with such country,

only after the President has submitted to the Congress a report

indicating that such country is not in violation of paragraph (1),

(2), or (3) of subsection (a) of this section. Such report with

respect to such country shall include information as to the nature

and implementation of emigration laws and policies and restrictions

or discrimination applied to or against persons wishing to

emigrate. The report required by this subsection shall be

submitted initially as provided herein and, with current

information, on or before each June 30 and December 31 thereafter

so long as such treatment is received, such credits or guarantees

are extended, or such agreement is in effect.

(c) Waiver authority of President

(1) During the 18-month period beginning on January 3, 1975, the

President is authorized to waive by Executive order the application

of subsections (a) and (b) of this section with respect to any

country, if he reports to the Congress that -

(A) he has determined that such waiver will substantially

promote the objectives of this section; and

(B) he has received assurances that the emigration practices of

that country will henceforth lead substantially to the

achievement of the objectives of this section.

(2) During any period subsequent to the 18-month period referred

to in paragraph (1), the President is authorized to waive by

Executive order the application of subsections (a) and (b) of this

section with respect to any country, if the waiver authority

granted by this subsection continues to apply to such country

pursuant to subsection (d) of this section, and if he reports to

the Congress that -

(A) he has determined that such waiver will substantially

promote the objectives of this section; and

(B) he has received assurances that the emigration practices of

that country will henceforth lead substantially to the

achievement of the objectives of this section.

(3) A waiver with respect to any country shall terminate on the

day after the waiver authority granted by this subsection ceases to

be effective with respect to such country pursuant to subsection

(d) of this section. The President may, at any time, terminate by

Executive order any waiver granted under this subsection.

(d) Extension of waiver authority

(1) If the President determines that the further extension of the

waiver authority granted under subsection (c) of this section will

substantially promote the objectives of this section, he may

recommend further extensions of such authority for successive

12-month periods. Any such recommendations shall -

(A) be made not later than 30 days before the expiration of

such authority;

(B) be made in a document transmitted to the House of

Representatives and the Senate setting forth his reasons for

recommending the extension of such authority; and

(C) include, for each country with respect to which a waiver

granted under subsection (c) of this section is in effect, a

determination that continuation of the waiver applicable to that

country will substantially promote the objectives of this

section, and a statement setting forth his reasons for such

determination.

If the President recommends the further extension of such

authority, such authority shall continue in effect until the end of

the 12-month period following the end of the previous 12-month

extension with respect to any country (except for any country with

respect to which such authority has not been extended under this

subsection), unless a joint resolution described in section 2193(a)

of this title is enacted into law pursuant to the provisions of

paragraph (2).

(2)(A) The requirements of this paragraph are met if the joint

resolution is enacted under the procedures set forth in section

2193 of this title, and -

(i) the Congress adopts and transmits the joint resolution to

the President before the end of the 60-day period beginning on

the date the waiver authority would expire but for an extension

under paragraph (1), and

(ii) if the President vetoes the joint resolution, each House

of Congress votes to override such veto on or before the later of

the last day of the 60-day period referred to in clause (i) or

the last day of the 15-day period (excluding any day described in

section 2194(b) of this title) beginning on the date the Congress

receives the veto message from the President.

(B) If a joint resolution is enacted into law under the

provisions of this paragraph, the waiver authority applicable to

any country with respect to which the joint resolution disapproves

of the extension of such authority shall cease to be effective as

of the day after the 60-day period beginning on the date of the

enactment of the joint resolution.

(C) A joint resolution to which this subsection and section 2193

of this title apply may be introduced at any time on or after the

date the President transmits to the Congress the document described

in paragraph (1)(B).

(e) Countries not covered

This section shall not apply to any country the products of which

are eligible for the rates set forth in rate column numbered 1 of

the Tariff Schedules of the United States on January 3, 1975.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 402, Jan. 3, 1975, 88 Stat. 2056;

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

312; Pub. L. 101-382, title I, Sec. 132(a)(1), (2), Aug. 20, 1990,

104 Stat. 643, 644; Pub. L. 105-206, title V, Sec. 5003(b)(2)(A),

July 22, 1998, 112 Stat. 789.)

-REFTEXT-

REFERENCES IN TEXT

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

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

Schedule, see Pub. L. 100-418, title I, Sec. 1212, Aug. 23, 1988,

102 Stat. 1155, classified 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-

AMENDMENTS

1998 - Subsecs. (a), (b). Pub. L. 105-206 substituted ''(normal

trade relations)'' for ''(most-favored-nation treatment)''.

1990 - Subsec. (d)(1). Pub. L. 101-382, Sec. 132(a)(1), (2)(A),

(B), redesignated par. (5) as (1), and substituted ''If the

President determines that the further extension of the waiver

authority granted under subsection (c) of this section will'' for

''If the waiver authority granted by subsection (c) of this section

has been extended under paragraph (3) or (4) for any country for

the 12-month period referred to in such paragraphs, and the

President determines that the further extension of such authority

will'' in introductory provisions, substituted '', unless a joint

resolution described in section 2193(a) of this title is enacted

into law pursuant to the provisions of paragraph (2).'' for '',

unless before the end of the 60-day period following such previous

12-month extension, either the House of Representatives or the

Senate adopts, by an affirmative vote of a majority of the Members

present and voting in that House and under the procedures set forth

in section 2193 of this title, a resolution disapproving the

extension of such authority generally or with respect to such

country specifically. Such authority shall cease to be effective

with respect to all countries on the date of the adoption by either

House before the end of such 60-day period of a resolution

disapproving the extension of such authority, and shall cease to be

effective with respect to any country on the date of the adoption

by either House before the end of such 60-day period of a

resolution disapproving the extension of such authority with

respect to such country.'' in concluding provisions, and struck out

former par. (1) which read as follows: ''If the President

determines that the extension of the waiver authority granted by

subsection (c)(1) of this section will substantially promote the

objectives of this section, he may recommend to the Congress that

such authority be extended for a period of 12 months. Any such

recommendation shall -

''(A) be made not later than 30 days before the expiration of

such authority;

''(B) be made in the document transmitted to the House of

Representatives and the Senate setting forth his reasons for

recommending the extension of such authority; and

''(C) include, for each country with respect to which a waiver

granted under subsection (c)(1) of this section is in effect, a

determination that continuation of the waiver applicable to that

country will substantially promote the objectives of this

section, and a statement setting forth his reasons for such

determination.''

Subsec. (d)(2). Pub. L. 101-382, Sec. 132(a)(2)(A), (C), added

par. (2) and struck out former par. (2) which authorized extension

of waiver authority for 12-month period upon recommendation of

President and adoption of concurrent resolution approving extension

of authority and not excluding country, and provided procedures if

such resolution was not adopted.

Subsec. (d)(3), (4). Pub. L. 101-382, Sec. 132(a)(2)(A), struck

out par. (3) which authorized extension of waiver authority upon

recommendation of President for 60 days, and for 12 months if

before end of 60-day period concurrent resolution was adopted

approving extension of authority and failing to exclude particular

country, and provided procedures if such resolution was not

adopted, and struck out par. (4) which authorized extension of

waiver authority for 12 months upon recommendation of President if

Congress failed to adopt concurrent resolution approving extension

under par. (3) and also failed to adopt, in 45-day period following

60-day period, concurrent resolution disapproving extension

generally or with respect to particular country.

Subsec. (d)(5). Pub. L. 101-382, Sec. 132(a)(2)(B), redesignated

par. (5) as (1).

1979 - Subsec. (c)(1). Pub. L. 96-39 substituted ''subsections

(a) and (b) of this section'' for ''subsection (a) and (b) of this

section'' in provisions preceding subpar. (A).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 132(d) of Pub. L. 101-382 provided that:

''(1) In general. - Except as provided in paragraph (2), the

amendments made by this section (amending this section and sections

2191 to 2194, 2435, and 2437 of this title) take effect on the date

of the enactment of this Act (Aug. 20, 1990).

''(2) Extension of waiver authority. -

''(A) The amendments made by subsections (a) and (c)(4) and (5)

(amending this section and sections 2192 and 2193 of this title)

apply with respect to recommendations made under section 402(d)

of the Trade Act of 1974 (subsec. (d) of this section) by the

President after May 23, 1990.

''(B) Solely for purposes of applying the applicable provisions

of the Trade Act of 1974 (this chapter) with respect to the

recommendations made by the President to the House of

Representatives and the Senate under subsection (d) of section

402 of the Trade Act of 1974 after May 23, 1990, and on or before

the date of the enactment of this Act -

''(i) in paragraph (2)(A)(i) of subsection (d) of such

section 402 (as amended by subsection (a)), the date on which

the waiver authority granted under subsection (c) of such

section 402 would expire but for an extension under paragraph

(1) of such subsection (d) is the date of the enactment of this

Act;

''(ii) paragraph (2)(A)(ii) of subsection (d) of such section

402 (as amended by subsection (a)) shall be treated as reading

as follows:

'' '(ii) if the President vetoes the joint resolution, each

House of Congress votes to override such veto on or before the

last day of the 60-day period referred to in clause (i).';

''(iii) if the waiver authority granted under such subsection

(c) is extended after application of clauses (i) and (ii), the

expiration date for such authority is July 3, 1991; and

''(iv) only joint resolutions described in section 153(a) of

the Trade Act of 1974 (section 2193(a) of this title) (as

amended by subsection (a)) that are introduced in the House of

Representatives or the Senate on or after the date of the

enactment of this Act may be considered by either body.''

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.

-EXEC-

WAIVER OF SUBSECTIONS (A) AND (B) BY EXECUTIVE ORDER

The following Executive orders waived the application of

subsections (a) and (b) of this section for the countries listed:

Ex. Ord. No. 11854, Apr. 24, 1975, 40 F.R. 18391. - Socialist

Republic of Romania.

Ex. Ord. No. 12051, Apr. 7, 1978, 43 F.R. 15131. - Hungarian

People's Republic.

Ex. Ord. No. 12167, Oct. 23, 1979, 44 F.R. 61167. - People's

Republic of China.

Ex. Ord. No. 12702, Feb. 20, 1990, 55 F.R. 6231. -

Czechoslovakia.

Ex. Ord. No. 12726, Aug. 15, 1990, 55 F.R. 33637. - German

Democratic Republic.

Ex. Ord. No. 12740, Dec. 29, 1990, 56 F.R. 355. - Soviet Union.

Ex. Ord. No. 12745, Jan. 22, 1991, 56 F.R. 2835. - Bulgaria.

Ex. Ord. No. 12746, Jan. 23, 1991, 56 F.R. 2837. - Mongolia.

Ex. Ord. No. 12772, Aug. 17, 1991, 56 F.R. 41621. - Romania.

Ex. Ord. No. 12798, Apr. 6, 1992, 57 F.R. 12175. - Armenia.

Ex. Ord. No. 12802, Apr. 16, 1992, 57 F.R. 14321. - Republic of

Byelarus, Republic of Kyrgyzstan, and Russian Federation.

Ex. Ord. No. 12809, June 3, 1992, 57 F.R. 23925. - Albania,

Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.

Ex. Ord. No. 12811, June 24, 1992, 57 F.R. 28585. - Tajikistan

and Turkmenistan.

Ex. Ord. No. 13079, Apr. 7, 1998, 63 F.R. 17309. - Vietnam.

Ex. Ord. No. 13220, July 2, 2001, 66 F.R. 35527. - Republic of

Belarus.

PRESIDENTIAL DETERMINATIONS RELATING TO WAIVERS

The following Presidential Determinations related to waivers or

continuation of waivers for the countries listed:

Determination No. 81-8, June 2, 1981, 46 F.R. 30797. - Hungarian

People's Republic, People's Republic of China, and Socialist

Republic of Romania.

Determination No. 83-7, June 3, 1983, 48 F.R. 26585. - Hungarian

People's Republic, People's Republic of China, and Socialist

Republic of Romania.

Determination No. 84-9, May 31, 1984, 49 F.R. 24107. - Hungarian

People's Republic, People's Republic of China, and Socialist

Republic of Romania.

Determination No. 86-10, June 3, 1986, 51 F.R. 22057. - Hungarian

People's Republic, People's Republic of China, and Socialist

Republic of Romania.

Determination No. 87-14, June 2, 1987, 52 F.R. 22431. - Hungarian

People's Republic, People's Republic of China, and Socialist

Republic of Romania.

Determination No. 88-18, June 3, 1988, 53 F.R. 21407. - Hungarian

People's Republic and People's Republic of China.

Determination No. 89-14, May 31, 1989, 54 F.R. 26943. - Hungarian

People's Republic and People's Republic of China.

Determination No. 90-10, Feb. 20, 1990, 55 F.R. 8899. -

Czechoslovakia.

Determination No. 90-21, May 24, 1990, 55 F.R. 23183. - People's

Republic of China.

Determination No. 90-22, June 3, 1990, 55 F.R. 42831. - Czech and

Slovak Federal Republic.

Determination No. 90-30, Aug. 15, 1990, 55 F.R. 35421. - German

Democratic Republic.

Determination No. 91-11, Dec. 29, 1990, 56 F.R. 1561. - Soviet

Union.

Determination No. 91-18, Jan. 22, 1991, 56 F.R. 4169. - Bulgaria.

Determination No. 91-19, Jan. 23, 1991, 56 F.R. 4171. - Mongolia.

Determination No. 91-36, May 29, 1991, 56 F.R. 26757. - People's

Republic of China.

Determination No. 91-39, June 3, 1991, 56 F.R. 27187. - Republic

of Bulgaria, Czech and Slovak Federal Republic, Soviet Union, and

Mongolian People's Republic.

Determination No. 91-48, Aug. 17, 1991, 56 F.R. 43861. - Romania.

Determination No. 92-3, Oct. 16, 1991, 56 F.R. 55203. - Czech and

Slovak Federal Republic.

Determination No. 92-20, Apr. 3, 1992, 57 F.R. 13623. - Armenia,

Belarus, Kyrgyzstan, and Russia.

Determination No. 92-25, May 6, 1992, 57 F.R. 22147. -

Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.

Determination No. 92-26, May 20, 1992, 57 F.R. 48711. - Albania.

Determination No. 92-29, June 2, 1992, 57 F.R. 24539. - People's

Republic of China.

Determination No. 92-30, June 3, 1992, 57 F.R. 24929. - Albania,

Armenia, Azerbaijan, Bulgaria, Byelarus, Georgia, Kazakhstan,

Kyrgyzstan, Moldova, Mongolia, Romania, Russia, Ukraine, and

Uzbekistan.

Determination No. 92-31, June 3, 1992, 57 F.R. 24931. -

Tajikistan and Turkmenistan.

Determination No. 93-23, May 28, 1993, 58 F.R. 31329. - People's

Republic of China.

Determination No. 93-25, June 2, 1993, 58 F.R. 33005. - Albania,

Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,

Moldova, Mongolia, Romania, Russia, Tajikistan, Turkmenistan,

Ukraine, and Uzbekistan.

Determination No. 94-26, June 2, 1994, 59 F.R. 31103. - People's

Republic of China.

Determination No. 94-27, June 2, 1994, 59 F.R. 31105. - Albania,

Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,

Moldova, Mongolia, Romania, Russia, Tajikistan, Turkmenistan,

Ukraine, and Uzbekistan.

Determination No. 95-23, June 2, 1995, 60 F.R. 31047. - People's

Republic of China.

Determination No. 95-24, June 2, 1995, 60 F.R. 31049. - Albania,

Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,

Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, and

Uzbekistan.

Determination No. 96-29, May 31, 1996, 61 F.R. 29455. - People's

Republic of China.

Determination No. 96-30, June 3, 1996, 61 F.R. 29457. - Albania,

Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,

Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, and

Uzbekistan.

Determination No. 97-25, May 29, 1997, 62 F.R. 31313. - People's

Republic of China.

Determination No. 97-28, June 3, 1997, 62 F.R. 32019. - Albania,

Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and

Uzbekistan.

Determination No. 98-17, Mar. 9, 1998, 63 F.R. 14329. - Vietnam.

Determination No. 98-26, June 3, 1998, 63 F.R. 32705. - People's

Republic of China.

Determination No. 98-27, June 3, 1998, 63 F.R. 32707. - Vietnam.

Determination No. 98-28, June 3, 1998, 63 F.R. 32709. - Republic

of Belarus.

Determination No. 99-26, June 3, 1999, 64 F.R. 31109. - Republic

of Belarus.

Determination No. 99-27, June 3, 1999, 64 F.R. 31111. - Vietnam.

Determination No. 99-28, June 3, 1999, 64 F.R. 31113. - People's

Republic of China.

Determination No. 2000-21, June 2, 2000, 65 F.R. 36309. -

Vietnam.

Determination No. 2000-22, June 2, 2000, 65 F.R. 36311. -

Republic of Belarus.

Determination No. 2000-23, June 2, 2000, 65 F.R. 36313. -

People's Republic of China.

Determination No. 2001-16, June 1, 2001, 66 F.R. 30631. -

People's Republic of China.

Determination No. 2001-17, June 1, 2001, 66 F.R. 30633. -

Vietnam.

Determination No. 2001-20, July 2, 2001, 66 F.R. 37109. -

Republic of Belarus.

Determination No. 02-21, June 3, 2002, 67 F.R. 40833. - Republic

of Belarus.

Determination No. 02-22, June 3, 2002, 67 F.R. 40835. - Vietnam.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2192, 2193, 2437, 2439 of

this title; title 22 section 5401.

-CITE-

19 USC Sec. 2433 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

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

Asia

-STATUTE-

(a) Penalty for noncooperating countries

Notwithstanding any other provision of law, if the President

determines that a nonmarket economy country is not cooperating with

the United States -

(1) to achieve a complete accounting of all United States

military and civilian personnel who are missing in action in

Southeast Asia,

(2) to repatriate such personnel who are alive, and

(3) to return the remains of such personnel who are dead to the

United States,

then, during the period beginning with the date of such

determination and ending on the date on which the President

determines such country is cooperating with the United States, he

may provide that -

(A) the products of such country may not receive

nondiscriminatory treatment,

(B) such country may not participate, directly or indirectly,

in any program under which the United States extends credit,

credit guarantees, or investment guarantees, and

(C) no commercial agreement entered into under this subchapter

between such country and the United States will take effect.

(b) Exception

This section shall not apply to any country the products of which

are eligible for the rates set forth in rate column numbered 1 of

the Tariff Schedules of the United States on January 3, 1975.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 403, Jan. 3, 1975, 88 Stat. 2060.)

-REFTEXT-

REFERENCES IN TEXT

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

(b), 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.

-CITE-

19 USC Sec. 2434 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2434. Extension of nondiscriminatory treatment

-STATUTE-

(a) Presidential proclamation

Subject to the provisions of section 2435(c) of this title, the

President may by proclamation extend nondiscriminatory treatment to

the products of a foreign country which has entered into a

bilateral commercial agreement referred to in section 2435 of this

title.

(b) Limitation on period of effectiveness

The application of nondiscriminatory treatment shall be limited

to the period of effectiveness of the obligations of the United

States to such country under such bilateral commercial agreement.

In addition, in the case of any foreign country receiving

nondiscriminatory treatment pursuant to this subchapter which has

entered into an agreement with the United States regarding the

settlement of lendlease reciprocal aid and claims, the application

of such nondiscriminatory treatment shall be limited to periods

during which such country is not in arrears on its obligations

under such agreement.

(c) Suspension or withdrawal of extensions of nondiscriminatory

treatment

The President may at any time suspend or withdraw any extension

of nondiscriminatory treatment to any country pursuant to

subsection (a) of this section and thereby cause all products of

such country to be dutiable at the rates set forth in rate column

numbered 2 of the Harmonized Tariff Schedule of the United States.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 404, Jan. 3, 1975, 88 Stat. 2060;

Pub. L. 96-39, title XI, Sec. 1106(f)(2), July 26, 1979, 93 Stat.

312; Pub. L. 100-418, title I, Sec. 1214(j)(3), Aug. 23, 1988, 102

Stat. 1158.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (c), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

AMENDMENTS

1988 - Subsec. (c). Pub. L. 100-418 substituted ''Harmonized

Tariff Schedule of the United States'' for ''Tariff Schedules for

the United States''.

1979 - Subsec. (c). Pub. L. 96-39 struck out the comma after

''subsection (a) of this section''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

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.

EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF VIETNAM

Pub. L. 107-52, Oct. 16, 2001, 115 Stat. 268, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

with respect to the products of the Socialist Republic of Vietnam

transmitted by the President to the Congress on June 8, 2001.''

EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF GEORGIA

Pub. L. 106-476, title III, Nov. 9, 2000, 114 Stat. 2175,

provided that:

''SEC. 3001. FINDINGS.

''Congress finds that Georgia has -

''(1) made considerable progress toward respecting fundamental

human rights consistent with the objectives of title IV of the

Trade Act of 1974 (19 U.S.C. 2431 et seq.);

''(2) adopted administrative procedures that accord its

citizens the right to emigrate, travel freely, and to return to

their country without restriction;

''(3) been found to be in full compliance with the freedom of

emigration provisions in title IV of the Trade Act of 1974;

''(4) made progress toward democratic rule and creating a free

market economic system since its independence from the Soviet

Union;

''(5) demonstrated strong and effective enforcement of

internationally recognized core labor standards and a commitment

to continue to improve effective enforcement of its laws

reflecting such standards;

''(6) committed to developing a system of governance in

accordance with the provisions of the Final Act of the Conference

on Security and Cooperation in Europe (also known as the

'Helsinki Final Act') regarding human rights and humanitarian

affairs;

''(7) endeavored to address issues related to its national and

religious minorities and, as a member state of the Organization

for Security and Cooperation in Europe (OSCE), committed to

adopting special measures for ensuring that persons belonging to

national minorities have full equality individually as well as in

community with other members of their group;

''(8) also committed to enacting legislation to provide

protection against incitement to violence against persons or

groups based on national, racial, ethnic, or religious

discrimination, hostility, or hatred, including anti-Semitism;

''(9) continued to return communal properties confiscated from

national and religious minorities during the Soviet period,

facilitating the reemergence of these communities in the national

life of Georgia and establishing the legal framework for

completion of this process in the future;

''(10) concluded a bilateral trade agreement with the United

States in 1993 and a bilateral investment treaty in 1994;

''(11) demonstrated a strong desire to build a friendly and

cooperative relationship with the United States; and

''(12) acceded to the World Trade Organization on June 14,

2000, and the extension of unconditional normal trade relations

treatment to the products of Georgia will enable the United

States to avail itself of all rights under the World Trade

Organization with respect to Georgia.

''SEC. 3002. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE

ACT OF 1974 TO GEORGIA.

''(a) Presidential Determinations and Extensions of

Nondiscriminatory Treatment. - Notwithstanding any provision of

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the

President may -

''(1) determine that such title should no longer apply to

Georgia; and

''(2) after making a determination under paragraph (1) with

respect to Georgia, proclaim the extension of nondiscriminatory

treatment (normal trade relations treatment) to the products of

that country.

''(b) Termination of Application of Title IV. - On and after the

effective date of the extension under subsection (a)(2) of

nondiscriminatory treatment to the products of Georgia, title IV of

the Trade Act of 1974 shall cease to apply to that country.''

EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS

TREATMENT) TO PRODUCTS OF PEOPLE'S REPUBLIC OF CHINA

Pub. L. 106-286, div. A, title I, Sec. 101, 102, Oct. 10, 2000,

114 Stat. 881, 882, provided that:

''SEC. 101. TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF

THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA.

''(a) Presidential Determinations and Extension of

Nondiscriminatory Treatment. - Notwithstanding any provision of

chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et

seq.) (this part), as designated by section 3(a)(2) (103(a)(2)) of

this Act, the President may -

''(1) determine that such chapter should no longer apply to the

People's Republic of China; and

''(2) after making a determination under paragraph (1) with

respect to the People's Republic of China, proclaim the extension

of nondiscriminatory treatment (normal trade relations treatment)

to the products of that country.

''(b) Accession of the People's Republic of China to the World

Trade Organization. - Prior to making the determination provided

for in subsection (a)(1) and pursuant to the provisions of section

122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the

President shall transmit a report to Congress certifying that the

terms and conditions for the accession of the People's Republic of

China to the World Trade Organization are at least equivalent to

those agreed between the United States and the People's Republic of

China on November 15, 1999.

''SEC. 102. EFFECTIVE DATE.

''(a) Effective Date of Nondiscriminatory Treatment. - The

extension of nondiscriminatory treatment pursuant to section 101(a)

shall be effective no earlier than the effective date of the

accession of the People's Republic of China to the World Trade

Organization.

''(b) Termination of Applicability of Title IV. - On and after

the effective date under subsection (a) of the extension of

nondiscriminatory treatment to the products of the People's

Republic of China, chapter 1 of title IV of the Trade Act of 1974

(this part) (as designated by section 103(a)(2) of this Act) shall

cease to apply to that country.''

NORMAL TRADE RELATIONS FOR ALBANIA

Pub. L. 106-200, title III, Sec. 301, May 18, 2000, 114 Stat.

288, provided that:

''(a) Findings. - Congress makes the following findings:

''(1) Albania has been found to be in full compliance with the

freedom of emigration requirements under title IV of the Trade

Act of 1974 (19 U.S.C. 2431 et seq.).

''(2) Since its emergence from communism, Albania has made

progress toward democratic rule and the creation of a free-market

economy.

''(3) Albania has concluded a bilateral investment treaty with

the United States.

''(4) Albania has demonstrated a strong desire to build a

friendly relationship with the United States and has been very

cooperative with NATO and the international community during and

after the Kosova crisis.

''(5) The extension of unconditional normal trade relations

treatment to the products of Albania will enable the United

States to avail itself of all rights under the World Trade

Organization with respect to Albania when that country becomes a

member of the World Trade Organization.

''(b) Termination of Application of Title IV of the Trade Act of

1974 to Albania. -

''(1) Presidential determinations and extensions of

nondiscriminatory treatment. - Notwithstanding any provision of

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the

President may -

''(A) determine that such title should no longer apply to

Albania; and

''(B) after making a determination under subparagraph (A)

with respect to Albania, proclaim the extension of

nondiscriminatory treatment (normal trade relations treatment)

to the products of that country.

''(2) Termination of application of title iv. - On or after the

effective date of the extension under paragraph (1)(B) of

nondiscriminatory treatment to the products of Albania, title IV

of the Trade Act of 1974 shall cease to apply to that country.''

NORMAL TRADE RELATIONS FOR KYRGYZSTAN

Pub. L. 106-200, title III, Sec. 302, May 18, 2000, 114 Stat.

289, provided that:

''(a) Findings. - Congress makes the following findings:

''(1) Kyrgyzstan has been found to be in full compliance with

the freedom of emigration requirements under title IV of the

Trade Act of 1974 (19 U.S.C. 2431 et seq.).

''(2) Since its independence from the Soviet Union in 1991,

Kyrgyzstan has made great progress toward democratic rule and

toward creating a free-market economic system.

''(3) Kyrgyzstan concluded a bilateral investment treaty with

the United States in 1994.

''(4) Kyrgyzstan has demonstrated a strong desire to build a

friendly and cooperative relationship with the United States.

''(5) The extension of unconditional normal trade relations

treatment to the products of Kyrgyzstan will enable the United

States to avail itself of all rights under the World Trade

Organization with respect to Kyrgyzstan.

''(b) Termination of Application of Title IV of the Trade Act of

1974 to Kyrgyzstan. -

''(1) Presidential determinations and extensions of

nondiscriminatory treatment. - Notwithstanding any provision of

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the

President may -

''(A) determine that such title should no longer apply to

Kyrgyzstan; and

''(B) after making a determination under subparagraph (A)

with respect to Kyrgyzstan, proclaim the extension of

nondiscriminatory treatment (normal trade relations treatment)

to the products of that country.

''(2) Termination of application of title iv. - On or after the

effective date of the extension under paragraph (1)(B) of

nondiscriminatory treatment to the products of Kyrgyzstan, title

IV of the Trade Act of 1974 shall cease to apply to that

country.''

EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL TRADE RELATIONS

TREATMENT) TO THE PRODUCTS OF MONGOLIA

Pub. L. 106-36, title II, Sec. 2424, June 25, 1999, 113 Stat.

180, provided that:

''(a) Findings. - The Congress finds that Mongolia -

''(1) has received normal trade relations treatment since 1991

and has been found to be in full compliance with the freedom of

emigration requirements under title IV of the Trade Act of 1974

(19 U.S.C. 2431 et seq.);

''(2) has emerged from nearly 70 years of communism and

dependence on the former Soviet Union, approving a new

constitution in 1992 which has established a modern parliamentary

democracy charged with guaranteeing fundamental human rights,

freedom of expression, and an independent judiciary;

''(3) has held four national elections under the new

constitution, two presidential and two parliamentary, thereby

solidifying the nation's transition to democracy;

''(4) has undertaken significant market-based economic reforms,

including privatization, the reduction of government subsidies,

the elimination of most price controls and virtually all import

tariffs, and the closing of insolvent banks;

''(5) has concluded a bilateral trade treaty with the United

States in 1991, and a bilateral investment treaty in 1994;

''(6) has acceded to the Agreement Establishing the World Trade

Organization, and extension of unconditional normal trade

relations treatment to the products of Mongolia would enable the

United States to avail itself of all rights under the World Trade

Organization with respect to Mongolia; and

''(7) has demonstrated a strong desire to build friendly

relationships and to cooperate fully with the United States on

trade matters.

''(b) Termination of Application of Title IV of the Trade Act of

1974 to Mongolia. -

''(1) Presidential determinations and extensions of

nondiscriminatory treatment. - Notwithstanding any provision of

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the

President may -

''(A) determine that such title should no longer apply to

Mongolia; and

''(B) after making a determination under subparagraph (A)

with respect to Mongolia, proclaim the extension of

nondiscriminatory treatment (normal trade relations treatment)

to the products of that country.

''(2) Termination of application of title iv. - On or after the

effective date of the extension under paragraph (1)(B) of

nondiscriminatory treatment to the products of Mongolia, title IV

of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall cease to

apply to that country.''

CONGRESSIONAL FINDINGS AND AUTHORIZATION OF EXTENSION OF

MOST-FAVORED-NATION TREATMENT TO PRODUCTS OF ROMANIA

Pub. L. 104-171, Aug. 3, 1996, 110 Stat. 1539, provided that:

''SECTION 1. FINDINGS.

''The Congress finds that -

''(1) Romania emerged from years of brutal Communist

dictatorship in 1989 and approved a new Constitution and elected

a Parliament by 1991, laying the foundation for a modern

parliamentary democracy charged with guaranteeing fundamental

human rights, freedom of expression, and respect for private

property;

''(2) local elections, parliamentary elections, and

presidential elections have been held in Romania, and 1996 will

mark the second nationwide presidential elections under the new

Constitution;

''(3) Romania has undertaken significant economic reforms,

including the establishment of a two-tier banking system, the

introduction of a modern tax system, the freeing of most prices

and elimination of most subsidies, the adoption of a tariff-based

trade regime, and the rapid privatization of industry and nearly

all agriculture;

''(4) Romania concluded a bilateral investment treaty with the

United States in 1993, and both United States investment in

Romania and bilateral trade are increasing rapidly;

''(5) Romania has received most-favored-nation treatment since

1993, and has been found by the President to be in full

compliance with the freedom of emigration requirements under

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.);

''(6) Romania is a member of the World Trade Organization and

extension of unconditional most-favored-nation treatment to the

products of Romania would enable the United States to avail

itself of all rights under the World Trade Organization with

respect to Romania; and

''(7) Romania has demonstrated a strong desire to build

friendly relationships and to cooperate fully with the United

States on trade matters.

''SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT

OF 1974 TO ROMANIA.

''(a) Presidential Determinations and Extension of

Nondiscriminatory Treatment. - Notwithstanding any provision of

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the

President may -

''(1) determine that such title should no longer apply to

Romania; and

''(2) after making a determination under paragraph (1),

proclaim the extension of nondiscriminatory treatment

(most-favored-nation treatment) to the products of that country.

''(b) Termination of Application of Title IV. - On and after the

effective date of the extension under subsection (a)(2) of

nondiscriminatory treatment to the products of Romania, title IV of

the Trade Act of 1974 shall cease to apply to that country.''

CONGRESSIONAL FINDINGS AND AUTHORIZATION OF EXTENSION OF

MOST-FAVORED-NATION TREATMENT TO PRODUCTS OF BULGARIA

Pub. L. 104-162, July 18, 1996, 110 Stat. 1414, provided that:

''SECTION 1. CONGRESSIONAL FINDINGS AND SUPPLEMENTAL ACTION.

''(a) Congressional Findings. - The Congress finds that Bulgaria

-

''(1) has received most-favored-nation treatment since 1991 and

has been found to be in full compliance with the freedom of

emigration requirements under title IV of the Trade Act of 1974

(19 U.S.C. 2431 et seq.) since 1993;

''(2) has reversed many years of Communist dictatorship and

instituted a constitutional republic ruled by a democratically

elected government as well as basic market-oriented reforms,

including privatization;

''(3) is in the process of acceding to the General Agreement on

Tariffs and Trade (GATT) and the World Trade Organization (WTO),

and extension of unconditional most-favored-nation treatment

would enable the United States to avail itself of all rights

under the GATT and the WTO with respect to Bulgaria; and

''(4) has demonstrated a strong desire to build friendly

relationships and to cooperate fully with the United States on

trade matters.

''(b) Supplemental Action. - The Congress notes that the United

States Trade Representative intends to negotiate with Bulgaria in

order to preserve the commitments of that country under the

bilateral commercial agreement in effect between that country and

the United States that are consistent with the GATT and the WTO.

''SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT

OF 1974 TO BULGARIA.

''(a) Presidential Determinations and Extension of

Nondiscriminatory Treatment. - Notwithstanding any provision of

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the

President may -

''(1) determine that such title should no longer apply to

Bulgaria; and

''(2) after making a determination under paragraph (1) with

respect to Bulgaria, proclaim the extension of nondiscriminatory

treatment (most-favored-nation treatment) to the products of that

country.

''(b) Termination of Application of Title IV. - On and after the

effective date of the extension under subsection (a)(2) of

nondiscriminatory treatment to the products of Bulgaria, title IV

of the Trade Act of 1974 shall cease to apply to that country.''

EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF ROMANIA

Pub. L. 103-133, Nov. 2, 1993, 107 Stat. 1373, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

with respect to the products of Romania transmitted by the

President to the Congress on July 2, 1993.''

WITHDRAWAL OF MOST FAVORED NATION STATUS FROM SERBIA AND MONTENEGRO

Pub. L. 102-420, Oct. 16, 1992, 106 Stat. 2149, provided that:

''(a) Findings. - The Congress finds that Serbia or Montenegro

are not complying with the provisions of the Final Act of the

Conference on Security and Cooperation in Europe (also known as the

'Helsinki Final Act'), particularly the provisions regarding human

rights and humanitarian affairs and are not respecting minority

rights in Kosovo and Vojvodina.

''(b) Withdrawal of MFN Status. - Except as provided in

subsection (c), nondiscriminatory treatment shall not apply with

respect to any goods that -

''(1) are the product of Serbia or Montenegro; and

''(2) are entered into the customs territory of the United

States on or after the 15th day after the date of the enactment

of this Act (Oct. 16, 1992).

''(c) Restoration of Nondiscriminatory Treatment. -

Notwithstanding subsection (b), the President may restore

nondiscriminatory treatment to goods that are the product of Serbia

or Montenegro, as the case may be, 30 days after he certifies to

the Congress that Serbia or Montenegro, as the case may be -

''(1) has ceased its armed conflict with the other ethnic

peoples of the region formerly comprising the Socialist Federal

Republic of Yugoslavia;

''(2) has agreed to respect the borders of the 6 republics that

comprised the Socialist Federal Republic of Yugoslavia under the

1974 Yugoslav Constitution; and

''(3) has ceased all support of Serbian forces inside

Bosnia-Hercegovina.''

EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF REPUBLIC OF

ALBANIA

Pub. L. 102-363, Aug. 26, 1992, 106 Stat. 969, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

with respect to the products of the Republic of Albania transmitted

by the President to the Congress on June 16, 1992.''

EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF UNION OF

SOVIET SOCIALIST REPUBLICS

Pub. L. 102-197, Dec. 9, 1991, 105 Stat. 1622, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

to the products of the Union of Soviet Socialist Republics

transmitted by the President to the Congress on October 9, 1991.''

CONGRESSIONAL FINDINGS, PREPARATORY PRESIDENTIAL ACTION, AND

AUTHORIZATION OF EXTENSION OF MOST-FAVORED-NATION TREATMENT TO

CZECHOSLOVAKIA AND HUNGARY

Pub. L. 102-182, Sec. 1, 2, Dec. 4, 1991, 105 Stat. 1233,

provided that:

''SECTION 1. CONGRESSIONAL FINDINGS AND PREPARATORY PRESIDENTIAL

ACTION.

''(a) Congressional Findings. - The Congress finds that the Czech

and Slovak Federal Republic and the Republic of Hungary both have -

''(1) dedicated themselves to respect for fundamental human

rights;

''(2) accorded to their citizens the right to emigrate and to

travel freely;

''(3) reversed over 40 years of communist dictatorship and

embraced the establishment of political pluralism, free and fair

elections, and multi-party political systems;

''(4) introduced far-reaching economic reforms based on

market-oriented principles and have decentralized economic

decisionmaking; and

''(5) demonstrated a strong desire to build friendly

relationships with the United States.

''(b) Preparatory Presidential Action. - The Congress notes that

the President in anticipation of the enactment of section 2, has

directed the United States Trade Representative to negotiate with

the Czech and Slovak Federal Republic and the Republic of Hungary,

respectively, in order to -

''(1) preserve the commitments of that country under the

bilateral commercial agreement in effect between that country and

the United States that are consistent with the General Agreement

on Tariffs and Trade; and

''(2) obtain other appropriate commitments.

''SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT

OF 1974 TO CZECHOSLOVAKIA AND HUNGARY.

''(a) Presidential Determinations and Extension of

Nondiscriminatory Treatment. - Notwithstanding any provision of

title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the

President may -

''(1) determine that such title should no longer apply to the

Czech and Slovak Federal Republic or to the Republic of Hungary,

or to both; and

''(2) after making a determination under paragraph (1) with

respect to a country, proclaim the extension of nondiscriminatory

treatment (most-favored-nation treatment) to the products of that

country.

''(b) Termination of Application of Title IV. - On and after the

effective date of the extension under subsection (a)(2) of

nondiscriminatory treatment to the products of a country, title IV

of the Trade Act of 1974 shall cease to apply to that country.''

EXTENSION OF NONDISCRIMINATORY TREATMENT TO ESTONIA, LATVIA, AND

LITHUANIA

Pub. L. 102-182, title I, Dec. 4, 1991, 105 Stat. 1235, provided

that:

''SEC. 101. CONGRESSIONAL FINDINGS.

''The Congress finds the following:

''(1) The Government of the United States extended full

diplomatic recognition to Estonia, Latvia, and Lithuania in 1922.

''(2) The Government of the United States entered into

agreements extending most-favored-nation treatment with the

Government of Estonia on August 1, 1925, the Government of Latvia

on April 30, 1926, and the Government of Lithuania on July 10,

1926.

''(3) The Union of Soviet Socialist Republics incorporated

Estonia, Latvia, and Lithuania involuntarily into the Union as a

result of a secret protocol to a German-Soviet agreement in 1939

which assigned those three states to the Soviet sphere of

influence; and the Government of the United States has at no time

recognized the forcible incorporation of those states into the

Union of Soviet Socialist Republics.

''(4) The Trade Agreements Extension Act of 1951 (see Short

Title of 1951 Amendment note set out under section 1654 of this

title) required the President to suspend, withdraw, or prevent

the application of trade benefits, including most-favored-nation

treatment, to countries under the domination or control of the

world Communist movement.

''(5) In 1951, responsible representatives of Estonia, Latvia,

and Lithuania stated that they did not object to the imposition

of 'such controls as the Government of the United States may

consider to be appropriate' to the products of those countries,

for such time as those countries remained under Soviet domination

or control.

''(6) In 1990, the democratically elected governments of

Estonia, Latvia, and Lithuania declared the restoration of their

independence from the Union of Soviet Socialist Republics.

''(7) The Government of the United States established

diplomatic relations with Estonia, Latvia, and Lithuania on

September 2, 1991, and on September 6, 1991, the State Council of

the transitional government of the Union of Soviet Socialist

Republics recognized the independence of Estonia, Latvia, and

Lithuania, thereby ending the involuntary incorporation of those

countries into, and the domination of those countries by, the

Soviet Union.

''(8) Immediate action should be taken to remove the

impediments, imposed in response to the circumstances referred to

in paragraph (5), in United States trade laws to the extension of

nondiscriminatory treatment (most-favored-nation treatment) to

the products of those countries.

''(9) As a consequence of establishment of United States

diplomatic relations with Estonia, Latvia, and Lithuania, these

independent countries are eligible to receive the benefits of the

Generalized System of Preferences provided for in title V of the

Trade Act of 1974 (19 U.S.C. 2461 et seq.).

''SEC. 102. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE

PRODUCTS OF ESTONIA, LATVIA, AND LITHUANIA.

''(a) In General. - Notwithstanding any provision of title IV of

the Trade Act of 1974 (19 U.S.C. 2431 et seq.) or any other

provision of law, nondiscriminatory treatment (most-favored-nation

treatment) applies to the products of Estonia, Latvia, and

Lithuania.

''(b) Conforming Tariff Schedule Amendments. - General Note 3(b)

of the Harmonized Tariff Schedule of the United States is amended

by striking out 'Estonia', 'Latvia', and 'Lithuania'.

''(c) Effective Date. - Subsection (a) and the amendments made by

subsection (b) apply with respect to goods entered, or withdrawn

from warehouse for consumption, on or after the 15th day after the

date of the enactment of this Act (Dec. 4, 1991).

''SEC. 103. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT

OF 1974 TO THE BALTICS.

''Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.)

shall cease to apply to Estonia, Latvia, and Lithuania effective as

of the 15th day after the date of the enactment of this Act (Dec.

4, 1991).

''SEC. 104. SENSE OF THE CONGRESS REGARDING PROMPT PROVISION OF GSP

TREATMENT TO THE PRODUCTS OF ESTONIA, LATVIA, AND LITHUANIA.

''It is the sense of the Congress that the President should take

prompt action under title V of the Trade Act of 1974 (19 U.S.C.

2461 et seq.) to provide preferential tariff treatment to the

products of Estonia, Latvia, and Lithuania pursuant to the

Generalized System of Preferences.''

APPROVAL OF NONDISCRIMINATORY TREATMENT WITH RESPECT TO PRODUCTS OF

PEOPLE'S REPUBLIC OF BULGARIA

Pub. L. 102-158, Nov. 13, 1991, 105 Stat. 1041, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

to the products of the People's Republic of Bulgaria transmitted by

the President to the Congress on June 25, 1991.''

APPROVAL OF NONDISCRIMINATORY TREATMENT WITH RESPECT TO PRODUCTS OF

MONGOLIAN PEOPLE'S REPUBLIC

Pub. L. 102-157, Nov. 13, 1991, 105 Stat. 1040, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

to the products of the Mongolian People's Republic transmitted by

the President to the Congress on June 25, 1991.''

APPROVAL OF NONDISCRIMINATORY TREATMENT WITH RESPECT TO PRODUCTS OF

CZECHOSLOVAKIA

Pub. L. 101-541, Nov. 8, 1990, 104 Stat. 2380, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

with respect to the products of Czechoslovakia transmitted by the

President to the Congress on September 6, 1990.''

AUTHORITY OF PRESIDENT TO DENY AND TO RESTORE NONDISCRIMINATORY

TRADE TREATMENT TO PRODUCTS OF AFGHANISTAN OR TO DENY OR TO RESTORE

CREDITS, ETC., TO AFGHANISTAN

Pub. L. 99-190, Sec. 118, Dec. 19, 1985, 99 Stat. 1319,

authorized President to deny nondiscriminatory

(most-favored-nation) trade treatment to the products of

Afghanistan and to deny credit, credit guarantees, and investment

guarantees to, or for the benefit of, Afghanistan under any Federal

program, directed President, if such treatment was not denied, to

submit to Congress, 45 days after Dec. 19, 1985, a report with the

reasons for not denying such treatment, and authorized President,

if such treatment was denied to restore nondiscriminatory trade

treatment, and to extend credit, credit guarantees, and investment

guarantees. Similar provisions were contained in Pub. L. 99-190,

Sec. 101(i) (title V, Sec. 552), Dec. 19, 1985, 99 Stat. 1291,

1314. Nondiscriminatory trade treatment to products of Afghanistan

was denied under section 118(a)(1) of Pub. L. 99-190 by Proc. No.

5437, Jan. 31, 1986, 51 F.R. 4287. The President provided notice of

his intention to restore nondiscriminatory trade treatment to the

products of Afghanistan under section 118(c)(1) of Pub. L. 99-190

by Determination of the President of the United States, No. 93-3,

Oct. 7, 1992, 57 F.R. 47557, set out as a note under section 2374

of Title 22, Foreign Relations and Intercourse.

Proc. No. 7553, May 3, 2002, 67 F.R. 30535, provided for

restoration of nondiscriminatory trade treatment (normal trade

relations treatment) to the products of Afghanistan, effective with

respect to goods entered, or withdrawn from warehouse for

consumption, on or after the thirtieth day after May 7, 2002.

-EXEC-

PROC. NO. 4369. AGREEMENT WITH SOCIALIST REPUBLIC OF ROMANIA

Proc. No. 4369, Apr. 24, 1975, 40 F.R. 18389, provided:

Pursuant to the authority vested in me by the United States

Constitution, I, as President of the United States of America,

acting through duly empowered representatives, entered into

negotiation with duly empowered representatives of the Socialist

Republic of Romania looking toward the conclusion of an agreement

governing trade relations between the United States of America and

the Socialist Republic of Romania;

The aforesaid negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (P.L. 93-618, January 3,

1975; 88 Stat. 1978) (this chapter);

An ''Agreement on Trade Relations between the United States of

America and the Socialist Republic of Romania,'' including the

annexes thereto, in the English and Romanian languages, was signed

on April 2, 1975, by duly empowered representatives of the

Governments of the United States of America and the Socialist

Republic of Romania, respectively, and is hereto annexed (not set

out in the Code);

The said Agreement is in conformity with the requirements

relating to bilateral commercial agreements as specified in section

405(b) of the Trade Act of 1974 (88 Stat. 1978, 2061) (section

2435(b) of this title);

It is provided in Article XII of the said Agreement that it shall

enter into force on the date of exchange of written notices of

acceptance by the Governments of the United States of America and

the Socialist Republic of Romania; and

It is provided in section 405(c) of the Trade Act of 1974 (88

Stat. 1978, 2061) (section 2435(c) of this title) that a bilateral

commercial agreement providing nondiscriminatory treatment to the

products of countries heretofore denied such treatment, and a

proclamation implementing such agreement, shall take effect only if

approved by the Congress by the adoption of a concurrent resolution

of approval, referred to in section 151 of the Trade Act of 1974

(88 Stat. 1978, 2001) (section 2191 of this title), of the

extension of nondiscriminatory treatment to the products of the

country concerned;

NOW, THEREFORE, I, GERALD R. FORD, President of the United States

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

Constitution and the statutes, including section 404(a) of the

Trade Act of 1974 (subsec. (a) of this section), do hereby proclaim

as follows:

(1) This Proclamation shall become effective and said agreement

shall enter into force according to its terms, and

nondiscriminatory treatment shall be extended to the products of

the Socialist Republic of Romania in accordance with the terms of

the said Agreement, on the date of exchange of written notices of

acceptance in accordance with Article XII of the said Agreement,

all of the foregoing to follow the adoption by the House of

Representatives and the Senate, in accordance with the procedures

set forth in section 151 of the said Act (section 2191 of this

title), of a concurrent resolution of approval of the extension of

nondiscriminatory treatment to the products of the Socialist

Republic of Romania, to the end that the same and every part of the

said Agreement may be observed and fulfilled with good faith by the

United States of America and the citizens thereof and all other

persons subject to the jurisdiction thereof as of the date of its

entry into force; and

(2) General Headnote 3(e) of the Tariff Schedules of the United

States (section 1202 of this title) is amended by deleting

therefrom ''Rumania'' as of the effective date of this proclamation

and a notice thereof shall be published in the Federal Register

promptly thereafter.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-fourth day of April, in the year of our Lord one thousand

nine hundred seventy-five, and of the Independence of the United

States of America the one hundred ninety-ninth.

Gerald R. Ford.

APPROVAL OF NONDISCRIMINATORY TREATMENT WITH RESPECT TO PRODUCTS OF

SOCIALIST REPUBLIC OF ROMANIA

S. Con. Res. 35, July 28, 1975, 89 Stat. 1202, provided: ''That

the Congress approves the extension of nondiscriminatory treatment

with respect to the products of the Socialist Republic of Romania

transmitted by the President to the Congress on April 25, 1975.''

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH ROMANIA

Determination of the President of the United States, No. 90-28,

July 3, 1990, 55 F.R. 27797, provided:

Pursuant to my authority under subsection 405(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual

or foreseeable reductions in United States tariffs and nontariff

trade barriers resulting from multilateral negotiations are

satisfactorily reciprocated by Romania. I have further found that a

satisfactory balance of concessions in trade and services has been

maintained during the life of the Agreement on Trade Relations

between the United States of America and Romania.

These determinations and findings shall be published in the

Federal Register. George Bush.

Prior findings and determinations for Romania were contained in

the following:

Determination of the President of the United States, No. 87-16,

June 24, 1987, 52 F.R. 23931.

Determination of the President of the United States, No. 84-10,

May 31, 1984.

Determination of the President of the United States, No. 81-9,

June 2, 1981.

PROC. NO. 4560. AGREEMENT WITH HUNGARIAN PEOPLE'S REPUBLIC

Proc. No. 4560, Apr. 7, 1978, 43 F.R. 15125, provided:

As President of the United States of America, acting through my

representatives, I entered into the negotiation of an agreement on

trade relations between the United States of America and the

Hungarian People's Republic with representatives of the Hungarian

People's Republic;

The negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (P.L. 93-618, January 3,

1975; 88 Stat. 1978) (''the Act'') (this chapter);

An ''Agreement on Trade Relations between the United States of

America and the Hungarian People's Republic,'' in English and

Hungarian, was signed on March 17, 1978, by representatives of the

two Governments, and is annexed to this Proclamation (not set out

in the Code);

The Agreement conforms to the requirements relating to bilateral

commercial agreements specified in Section 405(b) of the Act

(section 2435(b) of this title);

Article XI of the Agreement provides that it shall enter into

force on the date of exchange of written notices of acceptance by

the Governments of the United States of America and the Hungarian

People's Republic; and

Section 405(c) of the Act (section 2435(c) of this title)

provides that a bilateral commercial agreement and a proclamation

implementing such agreement shall take effect only if approved by

the Congress;

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

of America, proclaim as follows:

(1) This Proclamation shall become effective, said Agreement

shall enter into force according to its terms, and

nondiscriminatory treatment shall be extended to the products of

the Hungarian People's Republic in accordance with the terms of the

said Agreement, on the date of exchange of written notices of

acceptance in accordance with Article XI of the said Agreement; and

(2) General Headnote 3(e) of the Tariff Schedules of the United

States (section 1202 of this title) is amended by deleting

therefrom ''Hungary'' as of the effective date of this proclamation

and a notice thereof shall be published in the Federal Register

promptly thereafter.

IN WITNESS WHEREOF, I have signed this Proclamation this seventh

day of April, in the year of our Lord one thousand nine hundred

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

America the two hundred second. Jimmy Carter.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH HUNGARY

Determination of the President of the United States, No. 90-27,

June 22, 1990, 55 F.R. 25945, provided:

Pursuant to my authority under subsection 405(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual

or foreseeable reductions in U.S. tariffs and non-tariff trade

barriers resulting from multilateral negotiations are

satisfactorily reciprocated by the Republic of Hungary. I have

further found that a satisfactory balance of concessions in trade

and services has been maintained during the life of the Agreement

on Trade Relations between the United States of America and the

Republic of Hungary.

These determinations and findings shall be published in the

Federal Register. George Bush.

Prior findings and determinations for Hungarian People's Republic

and Socialist Republic of Romania were contained in the following:

Determination of the President of the United States, No. 87-15,

June 23, 1987, 52 F.R. 23785.

Determination of the President of the United States, No. 84-10,

May 31, 1984, 49 F.R. 23025.

Determination of the President of the United States, No. 81-9,

June 2, 1981, 46 F.R. 29921.

PROC. NO. 4697. AGREEMENT WITH PEOPLE'S REPUBLIC OF CHINA

Proc. No. 4697, Oct. 23, 1979, 44 F.R. 61161, provided:

As President of the United States of America, acting through my

representatives, I entered into the negotiation of an agreement on

trade relations between the United States of America and the

People's Republic of China with representatives of the People's

Republic of China;

The negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (P.L. 93-618, January 3,

1975; 88 Stat. 1978) (''the Act'') (this chapter);

An ''Agreement on Trade Relations between the United States of

America and the People's Republic of China'', in English and

Chinese, was signed on July 7, 1979, by representatives of the two

Governments, and is annexed to this Proclamation (not set out in

the Code);

The Agreement conforms to the requirements relating to bilateral

commercial agreements specified in section 405(b) of the Act (19

U.S.C. 2435(b));

Article X of the Agreement provides that it shall come into force

on the date on which the Contracting Parties have exchanged

notifications that each has completed the legal procedures

necessary for this purpose; and

Section 405(c) of the Act (19 U.S.C. 2435(c)) provides that a

bilateral commercial agreement and a proclamation implementing such

agreement shall take effect only if approved by the Congress;

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

of America, proclaim as follows:

(1) This Proclamation shall become effective, said Agreement

shall enter into force according to its terms, and

nondiscriminatory treatment shall be extended to the products of

the People's Republic of China in accordance with the terms of the

said Agreement, on the date on which the Contracting Parties have

exchanged notifications that each has completed the legal

procedures necessary for this purpose in accordance with Article X

of the said Agreement.

(2) General Headnote 3(e) of the Tariff Schedules of the United

States (section 1202 of this title) is amended by deleting

therefrom ''China (any part of which may be under Communist

domination or control)'' and ''Tibet'' as of the effective date of

this proclamation and a notice thereof shall be published in the

Federal Register promptly thereafter.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third

day of October, 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.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH CHINA

Determination of President of the United States, No. 98-13, Jan.

30, 1998, 63 F.R. 5857, provided:

Pursuant to my authority under subsection 405(b)(1)(B) of the

Trade Act of 1974 (19 U.S.C. 2435(b)(1)(B)), I have determined that

actual or foreseeable reductions in United States tariffs and

nontariff barriers to trade resulting from multilateral

negotiations are being satisfactorily reciprocated by the People's

Republic of China. I have further found that a satisfactory balance

of concessions in trade and services has been maintained during the

life of the Agreement on Trade Relations between the United States

of America and the People's Republic of China.

You are authorized and directed to publish this determination in

the Federal Register. William J. Clinton.

Prior findings and determinations for the People's Republic of

China were contained in the following:

Determination of President of the United States, No. 96-33, June

21, 1996, 61 F.R. 32631.

Determination of President of the United States, No. 92-12, Jan.

31, 1992, 57 F.R. 19077.

Memorandum of the President of the United States, Dec. 19, 1988,

53 F.R. 51217.

Memorandum of the President of the United States, Dec. 23, 1982,

47 F.R. 57653.

PROC. NO. 6175. AGREEMENT WITH CZECH AND SLOVAK FEDERAL REPUBLIC

Proc. No. 6175, Sept. 6, 1990, 55 F.R. 37643, provided:

1. Pursuant to the authority vested in me by the Constitution and

the laws of the United States, as President of the United States of

America, I, acting through duly empowered representatives, entered

into negotiations with representatives of the Czech and Slovak

Federal Republic to conclude an agreement on trade relations

between the United States of America and the Czech and Slovak

Federal Republic.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (P.L. 93-618, January 3,

1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this

chapter).

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the Government of the United States of America

and the Government of the Czechoslovak Federative Republic,''

including exchanges of letters which form an integral part of the

Agreement, the foregoing in English and Czech, was signed on April

12, 1990, by duly empowered representatives of the two Governments

and is set forth as an annex to this proclamation (not set out in

the Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVIII of the Agreement provides that the Agreement

shall enter into force on the date of exchange of written notices

of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act (this chapter).

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States, including but not

limited to sections 404, 405 and 604 of the Trade Act of 1974, as

amended (19 U.S.C. 2434, 2435, 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of the Czech and Slovak Federal Republic,

in accordance with the terms of said Agreement, on the date of

exchange of written notices of acceptance in accordance with

Article XVIII of said Agreement. The United States Trade

Representative shall publish notice of the effective date in the

Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) of the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in rate of duty column 2

of the tariff schedule, is modified by striking out

''Czechoslovakia''.

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

September, in the year of our Lord nineteen hundred and ninety, and

of the Independence of the United States of America the two hundred

and fifteenth. George Bush.

FINDING REGARDING TRADE AGREEMENT WITH CZECHOSLOVAKIA

Memorandum of the President of the United States, Sept. 6, 1990,

55 F.R. 39259, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me under the Trade Act of

1974 (P.L. 93-618, January 3, 1975; 88 Stat. 1978), as amended (the

''Trade Act'') (this chapter), I determine, pursuant to section

405(a) of the Trade Act (19 U.S.C. 2435(a)), that the ''Agreement

on Trade Relations Between the Government of the United States of

America and the Government of the Czechoslovak Federative

Republic'' will promote the purposes of the Trade Act and is in the

national interest.

You are authorized and directed to transmit copies of this

determination to appropriate members (sic) of Congress and to

publish it in the Federal Register. George Bush.

PROC. NO. 6307. AGREEMENT WITH REPUBLIC OF BULGARIA

Proc. No. 6307, June 24, 1991, 56 F.R. 29787, provided:

1. Pursuant to the authority vested in me by the Constitution and

the laws of the United States, as President of the United States of

America, I, acting through duly empowered representatives, entered

into negotiations with representatives of the Republic of Bulgaria

to conclude an agreement on trade relations between the United

States of America and the Republic of Bulgaria.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (Public Law 93-618, January

3, 1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this

chapter).

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the Government of the United States of America

and the Government of the Republic of Bulgaria,'' including

exchanges of letters which form an integral part of the Agreement,

the foregoing in English and Bulgarian, was signed on April 22,

1991, by duly empowered representatives of the two Governments and

is set forth as an annex to this proclamation (not set out in the

Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVII of the Agreement provides that the Agreement

shall enter into force on the date of exchange of written notices

of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States, including but not

limited to sections 404, 405, and 604 of the Trade Act of 1974, as

amended (19 U.S.C. 2434, 2435, 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of the Republic of Bulgaria, in accordance

with the terms of said Agreement, on the date of exchange of

written notices of acceptance in accordance with Article XVII of

said Agreement. The United States Trade Representative shall

publish notice of the effective date in the Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) of the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in rate of duty column 2

of the tariff schedule, is modified by striking out ''Bulgaria''.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-fourth day of June, in the year of our Lord nineteen hundred

and ninety-one, and of the Independence of the United States of

America the two hundred and fifteenth. George Bush.

FINDING REGARDING TRADE AGREEMENT WITH BULGARIA

Determination of President of the United States, No. 91-43, June

24, 1991, 56 F.R. 31037, provided:

Pursuant to the authority vested in me under the Trade Act of

1974 (Public Law 93-618, January 3, 1975; 88 Stat. 1978), as

amended (the ''Trade Act'') (this chapter), I determine, pursuant

to section 405(a) of the Trade Act (19 U.S.C. 2435(a)), that the

''Agreement on Trade Relations Between the Government of the United

States of America and the Government of the Republic of Bulgaria''

will promote the purposes of the Trade Act and is in the national

interest.

You are authorized and directed to transmit copies of this

determination to the appropriate Members of Congress and to publish

it in the Federal Register. George Bush.

PROC. NO. 6308. AGREEMENT WITH MONGOLIAN PEOPLE'S REPUBLIC

Proc. No. 6308, June 24, 1991, 56 F.R. 29834, provided:

1. Pursuant to the authority vested in me by the Constitution and

the laws of the United States, as President of the United States of

America, I, acting through duly empowered representatives, entered

into negotiations with representatives of the Mongolian People's

Republic to conclude an agreement on trade relations between the

United States of America and the Mongolian People's Republic.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (Public Law 93-618, January

3, 1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this

chapter).

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the Government of the United States of America

and the Government of the Mongolian People's Republic,'' including

exchanges of letters which form an integral part of the Agreement,

the foregoing in English and Mongolian, was signed on January 23,

1991, by duly empowered representatives of the two Governments and

is set forth as an annex to this proclamation (not set out in the

Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVII of the Agreement provides that the Agreement

shall enter into force on the date of exchange of written notices

of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States, including but not

limited to sections 404, 405, and 604 of the Trade Act of 1974, as

amended (19 U.S.C. 2434, 2435, 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of the Mongolian People's Republic, in

accordance with the terms of said Agreement, on the date of

exchange of written notices of acceptance in accordance with

Article XVII of said Agreement. The United States Trade

Representative shall publish notice of the effective date in the

Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) of the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in rate of duty column 2

of the tariff schedule, is modified by striking out ''Mongolia''.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-fourth day of June, in the year of our Lord nineteen hundred

and ninety-one, and of the Independence of the United States of

America the two hundred and fifteenth. George Bush.

FINDING REGARDING TRADE AGREEMENT WITH MONGOLIAN PEOPLE'S REPUBLIC

Determination of President of the United States, No. 91-44, June

24, 1991, 56 F.R. 31039, provided:

Pursuant to the authority vested in me under the Trade Act of

1974 (Public Law 93-618, January 3, 1975; 88 Stat. 1978), as

amended (the ''Trade Act'') (this chapter), I determine, pursuant

to section 405(a) of the Trade Act (19 U.S.C. 2435(a)), that the

''Agreement on Trade Relations Between the Government of the United

States of America and the Government of the Mongolian People's

Republic'' will promote the purposes of the Trade Act and is in the

national interest.

You are authorized and directed to transmit copies of this

determination to the appropriate Members of Congress and to publish

it in the Federal Register. George Bush.

PROC. NO. 6320. AGREEMENT WITH UNION OF SOVIET SOCIALIST REPUBLICS

Proc. No. 6320, Aug. 2, 1991, 56 F.R. 37407, provided:

1. Pursuant to the authority vested in me by the Constitution and

the laws of the United States, as President of the United States of

America, I, acting through duly empowered representatives, entered

into negotiations with representatives of the Union of Soviet

Socialist Republics to conclude an agreement on trade relations

between the United States of America and the Union of Soviet

Socialist Republics.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (Public Law 93-618, January

3, 1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this

chapter).

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the United States of America and the Union of

Soviet Socialist Republics,'' including annexes and exchanges of

letters which form an integral part of the Agreement, the foregoing

in English and Russian, was signed on June 1, 1990, by duly

empowered representatives of the two Governments and is set forth

as an annex to this proclamation (not set out in the Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVII of the Agreement provides that the Agreement

shall enter into force on the date of exchange of written notices

of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States, including but not

limited to sections 404, 405, and 604 of the Trade Act of 1974, as

amended (19 U.S.C. 2434, 2435, 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of the Union of Soviet Socialist

Republics, in accordance with the terms of said Agreement, on the

date of exchange of written notices of acceptance in accordance

with Article XVII of said Agreement. The United States Trade

Representative shall publish notice of the effective date in the

Federal Register. On such date, and without prejudice to the

long-standing U.S. policy of not recognizing the forcible

incorporation of Estonia, Latvia, and Lithuania into the Soviet

Union, nondiscriminatory tariff treatment shall also be extended to

the products of Estonia, Latvia, and Lithuania.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) to the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in Rates of Duty Column

2 of the tariff schedule, is modified by striking out ''Estonia'',

''Latvia'', ''Lithuania'', and ''Union of Soviet Socialist

Republics''.

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

of August, in the year of our Lord nineteen hundred and ninety-one,

and of the Independence of the United States of America the two

hundred and sixteenth. George Bush.

FINDING REGARDING TRADE AGREEMENT WITH UNION OF SOVIET SOCIALIST

REPUBLICS

Determination of President of the United States, No. 91-47, Aug.

2, 1991, 56 F.R. 40741, provided:

Pursuant to the authority vested in me under the Trade Act of

1974 (Public Law 93-618, January 3, 1975; 88 Stat. 1978), as

amended (the ''Trade Act'') (this chapter), I determine, pursuant

to section 405(a) of the Trade Act (19 U.S.C. 2435(a)), that the

''Agreement on Trade Relations Between the United States of America

and the Union of Soviet Socialist Republics'' will promote the

purposes of the Trade Act and is in the national interest.

You are authorized and directed to transmit copies of this

determination to the appropriate Members of Congress and to publish

it in the Federal Register. George Bush.

PROC. NO. 6352. AGREEMENT WITH UNION OF SOVIET SOCIALIST REPUBLICS

Proc. No. 6352, Oct. 9, 1991, 56 F.R. 51317, provided:

1. Pursuant to the authority vested in me by the Constitution and

the laws of the United States, as President of the United States of

America, I, acting through duly empowered representatives, entered

into negotiations with representatives of the Union of Soviet

Socialist Republics to conclude an agreement on trade relations

between the United States of America and the Union of Soviet

Socialist Republics.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (Public Law 93-618, January

3, 1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this

chapter).

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the United States of America and the Union of

Soviet Socialist Republics,'' including annexes and exchanges of

letters which form an integral part of the Agreement, the foregoing

in English and Russian, was signed on June 1, 1990, by duly

empowered representatives of the two Governments and is set forth

as an annex to this proclamation (not set out in the Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVII of the Agreement provides that the Agreement

shall enter into force on the date of exchange of written notices

of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States, including but not

limited to sections 404, 405, and 604 of the Trade Act of 1974, as

amended (19 U.S.C. 2434, 2435, 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of the Union of Soviet Socialist

Republics, in accordance with the terms of said Agreement, on the

date of exchange of written notices of acceptance in accordance

with Article XVII of said Agreement. The United States Trade

Representative shall publish notice of the effective date in the

Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) to the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in Rates of Duty Column

2 of the tariff schedule, is modified by striking out ''Union of

Soviet Socialist Republics''.

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

October, in the year of our Lord nineteen hundred and ninety-one,

and of the Independence of the United States of America the two

hundred and sixteenth. George Bush.

PROC. NO. 6419. EXTENSION OF NONDISCRIMINATORY TREATMENT

(MOST-FAVORED-NATION TREATMENT) TO PRODUCTS OF CZECH AND SLOVAK

FEDERAL REPUBLIC AND REPUBLIC OF HUNGARY

Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865, provided:

Pursuant to section 2 of Public Law 102-182, 105 Stat. 1233 (set

out as a note above), and having due regard for the findings of the

Congress in section 1 of said law, I have determined that title IV

of the Trade Act of 1974 (19 U.S.C. 2431-2441) should no longer

apply to the Czech and Slovak Federal Republic or to the Republic

of Hungary.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States of America,

including but not limited to section 2 of Public Law 102-182, do

proclaim that:

(1) Nondiscriminatory treatment (most-favored-nation treatment)

shall be extended to the products of the Czech and Slovak Federal

Republic and to the products of the Republic of Hungary.

(2) Any provisions of previous proclamations and Executive orders

inconsistent with the provisions of this proclamation are hereby

superseded to the extent of such inconsistency.

(3) The extension of nondiscriminatory treatment to the products

of the Czech and Slovak Federal Republic and the Republic of

Hungary shall be effective on the date of publication of this

proclamation in the Federal Register (Apr. 14, 1992).

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

April, in the year of our Lord nineteen hundred and ninety-two, and

of the Independence of the United States of America the two hundred

and sixteenth. George Bush.

DETERMINATION REGARDING APPLICATION OF TITLE IV OF TRADE ACT OF

1974 TO CZECH AND SLOVAK FEDERAL REPUBLIC OR TO REPUBLIC OF HUNGARY

Determination of President of the United States, No. 92-21, Apr.

10, 1992, 57 F.R. 12863, provided:

Pursuant to section 2(a)(1) of Public Law 102-182, 105 Stat. 1233

(set out as a note above), and having due regard for the findings

of the Congress in section 1 of said law, I hereby determine that

title IV of the Trade Act of 1974 (19 U.S.C. 2431-2441) should no

longer apply to the Czech and Slovak Federal Republic or to the

Republic of Hungary.

This determination shall be published in the Federal Register.

George Bush.

PROC. NO. 6445. AGREEMENT WITH REPUBLIC OF ALBANIA

Proc. No. 6445, June 15, 1992, 57 F.R. 26921, provided:

1. Pursuant to the authority vested in me by the Constitution and

the laws of the United States, as President of the United States of

America, I, acting through duly empowered representatives, entered

into negotiations with representatives of Albania to conclude an

agreement on trade relations between the United States of America

and Albania.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (Public Law 93-618, January

3, 1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this

chapter).

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the United States of America and the Republic of

Albania,'' including exchanges of letters which form an integral

part of the Agreement, the foregoing in English and Albanian, was

signed on May 14, 1992, by duly empowered representatives of the

two Governments and is set forth as an annex to this proclamation

(not set out in the Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVII of the Agreement provides that the Agreement

shall enter into force on the date of exchange of written notices

of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States, including but not

limited to sections 404, 405, and 604 of the Trade Act of 1974, as

amended (19 U.S.C. 2434, 2435, 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of Albania, in accordance with the terms

of said Agreement, on the date of exchange of written notices of

acceptance in accordance with Article XVII of said Agreement. The

United States Trade Representative shall publish notice of the

effective date in the Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) of the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in rate of duty column 2

of the tariff schedule, is modified by striking out ''Albania''.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth

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

ninety-two, and of the Independence of the United States of America

the two hundred and sixteenth. George Bush.

FINDING REGARDING TRADE AGREEMENT WITH ALBANIA

Determination of President of the United States, No. 92-33, June

15, 1992, 57 F.R. 28583, provided:

Pursuant to the authority vested in me under the Trade Act of

1974 (Public Law 93-618, January 3, 1975; 88 Stat. 1978), as

amended (the ''Trade Act'') (this chapter), I determine, pursuant

to section 405(a) of the Trade Act (19 U.S.C. 2435(a)), that the

''Agreement on Trade Relations Between the United States of America

and the Republic of Albania'' will promote the purposes of the

Trade Act and is in the national interest.

You are authorized and directed to transmit copies of this

determination to the appropriate Members of Congress and to publish

it in the Federal Register. George Bush.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH ALBANIA

Determination of President of the United States, No. 96-44, Aug.

27, 1996, 61 F.R. 45859, provided:

Since November 2, 1992, the United States of America and Albania

have had in effect a bilateral Agreement on Trade Relations, in

relation to which, pursuant to my authority under subsection

405(b)(1) of the Trade Act of 1974 (19 U.S.C. 2435(b)(1)), I

reconfirm that a satisfactory balance of concessions in trade and

services has been maintained during the life of the Agreement and

that actual or foreseeable reductions in United States tariffs and

nontariff barriers to trade resulting from multilateral

negotiations are, and continuously have been, satisfactorily

reciprocated by Albania.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

PROC. NO. 6449. AGREEMENT WITH REPUBLIC OF ROMANIA

Proc. No. 6449, June 22, 1992, 57 F.R. 28033, provided:

1. Pursuant to the authority vested in me by the Constitution and

the laws of the United States, as President of the United States of

America, I, acting through duly empowered representatives, entered

into negotiations with representatives of Romania to conclude an

agreement on trade relations between the United States of America

and Romania.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974 (Public Law 93-618, January

3, 1975; 88 Stat. 1978), as amended (the ''Trade Act'') (this

chapter).

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the Government of the United States of America

and the Government of Romania,'' including exchanges of letters

which form an integral part of the Agreement, the foregoing in

English and Romanian, was signed on April 3, 1992, by duly

empowered representatives of the two Governments and is set forth

as an annex to this proclamation (not set out in the Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVI of the Agreement provides that the Agreement shall

enter into force on the date of exchange of written notices of

acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, GEORGE BUSH, President of the United States of

America, acting under the authority vested in me by the

Constitution and the laws of the United States, including but not

limited to sections 404, 405, and 604 of the Trade Act of 1974, as

amended (19 U.S.C. 2434, 2435, 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of Romania, in accordance with the terms

of said Agreement, on the date of exchange of written notices of

acceptance in accordance with Article XVI of said Agreement. The

United States Trade Representative shall publish notice of the

effective date in the Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) of the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in rate of duty column 2

of the tariff schedule, is modified by striking out ''Romania''.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-second day of June, in the year of our Lord nineteen hundred

and ninety-two, and of the Independence of the United States of

America the two hundred and sixteenth. George Bush.

PROC. NO. 6577. AGREEMENT WITH REPUBLIC OF ROMANIA

Proc. No. 6577, July 2, 1993, 58 F.R. 36301, provided:

1. By the authority vested in me as President by the Constitution

and the laws of the United States of America, I, acting through

duly empowered representatives, entered into negotiations with

representatives of Romania to conclude an agreement on trade

relations between the United States of America and Romania.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974, Public Law 93-618, as

amended (19 U.S.C. 2101-2495) (the ''Trade Act'').

3. As a result of these negotiations, an ''Agreement on Trade

Relations Between the Government of the United States of America

and the Government of Romania'' (''Agreement''), including

exchanges of letters which form an integral part of the Agreement,

the foregoing in English and Romanian, was signed on April 3, 1992,

by duly empowered representatives of the two Governments and is set

forth as an annex to this proclamation (not set out in the Code).

4. This Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Article XVI of the Agreement provides that the Agreement shall

enter into force on the date of exchange of written notices of

acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country heretofore denied such

treatment, and a proclamation implementing such agreement, shall

take effect only if approved by the Congress under the provisions

of that Act.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (see 19 U.S.C. 1202) the substance of the provisions of that

Act, of other acts affecting import treatment, and actions taken

thereunder.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to sections 404, 405, and 604 of the Trade Act (19 U.S.C.

2434, 2435, and 2483), do proclaim that:

(1) This proclamation shall become effective, said Agreement

shall enter into force, and nondiscriminatory treatment shall be

extended to the products of Romania, in accordance with the terms

of said Agreement, on the date of exchange of written notices of

acceptance in accordance with Article XVI of said Agreement. The

United States Trade Representative shall publish notice of the

effective date in the Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, into the customs territory of the United

States on or after the date provided in paragraph (1) of this

proclamation, general note 3(b) of the Harmonized Tariff Schedule

of the United States, enumerating those countries whose products

are subject to duty at the rates set forth in rate of duty column 2

of the tariff schedule, is modified by striking out ''Romania''.

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

of July, in the year of our Lord nineteen hundred and ninety-three,

and of the Independence of the United States of America the two

hundred and seventeenth. William J. Clinton.

FINDING REGARDING TRADE AGREEMENT WITH ROMANIA

Determination of President of the United States, No. 93-30, July

2, 1993, 58 F.R. 43785, provided:

Pursuant to the authority vested in me under the Trade Act of

1974 (Public Law 93-618, January 3, 1975; 88 Stat. 1978), as

amended (the ''Trade Act'') (this chapter), I determine, pursuant

to section 405(a) of the Trade Act (19 U.S.C. 2435(a)), that the

''Agreement on Trade Relations between the Government of the United

States of America and the Government of Romania'' will promote the

purposes of the Trade Act and is in the national interest.

You are authorized and directed to transmit copies of this

determination to the appropriate Members of Congress and publish it

in the Federal Register. William J. Clinton.

Prior determination regarding trade agreement with Romania was

contained in the following:

Determination of President of the United States, No. 92-34, June

22, 1992, 57 F.R. 30099.

PROC. NO. 6922. EXTENSION OF NONDISCRIMINATORY TREATMENT

(MOST-FAVORED-NATION TREATMENT) TO PRODUCTS OF BULGARIA

Proc. No. 6922, Sept. 27, 1996, 61 F.R. 51205, provided:

The United States has had in effect a bilateral Agreement on

Trade Relations with Bulgaria since 1991, which was last renewed

for an additional 3-year term in 1994. Pursuant to my authority

under subsection 405(b)(1) of the Trade Act of 1974 (19 U.S.C.

2435(b)(1)), I reconfirm that a satisfactory balance of concessions

in trade and services has been maintained during the life of the

Agreement and that actual or foreseeable reductions in U.S. tariffs

and nontariff barriers to trade resulting from multilateral

negotiations are, and continuously have been, satisfactorily

reciprocated by Bulgaria.

Moreover, pursuant to section 2 of Public Law 104-162 (set out as

a note above), and having due regard for the findings of the

Congress in section 1 of said Law (set out as a note above), I

hereby determine that title IV of the Trade Act of 1974 (19 U.S.C.

2431-2441) should no longer apply to Bulgaria.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to section 2 of Public Law 104-162, do proclaim that:

(1) Nondiscriminatory treatment (most-favored-nation treatment)

shall be extended to the products of Bulgaria, which will no longer

be subject to title IV of the Trade Act of 1974.

(2) Any provisions of previous proclamations and Executive orders

inconsistent with the provisions of this proclamation are hereby

superseded to the extent of such inconsistency.

(3) The extension of nondiscriminatory treatment to the products

of Bulgaria shall be effective as of the date of publication of

this proclamation in the Federal Register (Oct. 1, 1996).

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-seventh day of September, in the year of our Lord nineteen

hundred and ninety-six, and of the Independence of the United

States of America the two hundred and twenty-first.

William J. Clinton.

PROC. NO. 6951. EXTENSION OF NONDISCRIMINATORY TREATMENT

(MOST-FAVORED-NATION TREATMENT) TO THE PRODUCTS OF ROMANIA

Proc. No. 6951, Nov. 7, 1996, 61 F.R. 58129, provided:

Pursuant to section 2 of Public Law 104-171 (set out as a note

above), and having due regard for the findings of the Congress in

section 1 of said Law (set out as a note above), I hereby determine

that Title IV of the Trade Act of 1974 (19 U.S.C. 2431-2441),

should no longer apply to Romania.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to section 2 of Public Law 104-171, do proclaim that:

(1) Nondiscriminatory treatment (most-favored-nation treatment)

shall be extended to the products of Romania, which will no longer

be subject to Title IV of the Trade Act of 1974.

(2) Any provisions of previous proclamations and Executive orders

inconsistent with the provisions of this proclamation are hereby

superseded to the extent of such inconsistency.

(3) The extension of nondiscriminatory treatment to the products

of Romania shall be effective as of the date of publication of this

proclamation in the Federal Register (Nov. 12, 1996).

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

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

ninety-six, and of the Independence of the United States of America

the two hundred and twenty-first. William J. Clinton.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH REPUBLIC OF BELARUS

Determination of President of the United States, No. 96-15, Mar.

7, 1996, 61 F.R. 49935, provided:

Pursuant to my authority under subsection 405(b)(1)(B) of the

Trade Act of 1974 (19 U.S.C. 2435(b)(1)(B), I have determined that

actual or foreseeable reductions in U.S. tariffs and nontariff

barriers to trade resulting from multilateral negotiations are

satisfactorily reciprocated by the Republic of Belarus.

You are authorized and directed to publish this determination in

the Federal Register. William J. Clinton.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH REPUBLIC OF KAZAKHSTAN

Determination of President of the United States, No. 96-16, Mar.

7, 1996, 61 F.R. 49937, provided:

Pursuant to my authority under subsection 405(b)(1)(B) of the

Trade Act of 1974 (19 U.S.C. 2435(b)(1)(B)), I have determined that

actual or foreseeable reductions in U.S. tariffs and nontariff

barriers to trade resulting from multilateral negotiations are

satisfactory (sic) reciprocated by the Republic of Kazakhstan.

You are authorized and directed to publish this determination in

the Federal Register. William J. Clinton.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH KYRGYZSTAN

Determination of President of the United States, No. 96-45, Aug.

27, 1996, 61 F.R. 45861, provided:

Since August 21, 1992, the United States of America and

Kyrgyzstan have had in effect a bilateral Agreement on Trade

Relations, in relation to which, pursuant to my authority under

subsection 405(b)(1) of the Trade Act of 1974 (19 U.S.C.

2435(b)(1)), I reconfirm that a satisfactory balance of concessions

in trade and services has been maintained during the life of the

Agreement and that actual or foreseeable reductions in United

States tariffs and nontariff barriers to trade resulting from

multilateral negotiations are, and continuously have been,

satisfactorily reciprocated by Kyrgyzstan.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH UKRAINE

Determination of President of the United States, No. 96-46, Aug.

27, 1996, 61 F.R. 45863, provided:

Since June 23, 1992, the United States of America and Ukraine

have had in effect a bilateral Agreement on Trade Relations, in

relation to which, pursuant to my authority under subsection

405(b)(1) of the Trade Act of 1974 (19 U.S.C. 2435(b)(1)), I

reconfirm that a satisfactory balance of concessions in trade and

services has been maintained during the life of the Agreement and

that actual or foreseeable reductions in United States tariffs and

nontariff barriers to trade resulting from multilateral

negotiations are, and continuously have been, satisfactorily

reciprocated by Ukraine.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH ARMENIA

Determination of President of the United States, No. 96-47, Aug.

27, 1996, 61 F.R. 45865, provided:

Since April 7, 1992, the United States of America and Armenia

have had in effect a bilateral Agreement on Trade Relations, in

relation to which, pursuant to my authority under subsection

405(b)(1) of the Trade Act of 1974 (19 U.S.C. 2435(b)(1)), I

reconfirm that a satisfactory balance of concessions in trade and

services has been maintained during the life of the Agreement and

that actual or foreseeable reductions in United States tariffs and

nontariff barriers to trade resulting from multilateral

negotiations are, and continuously have been, satisfactorily

reciprocated by Armenia.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH MOLDOVA

Determination of President of the United States, No. 96-48, Aug.

27, 1996, 61 F.R. 45867, provided:

Since July 2, 1992, the United States of American and Moldova

have had in effect a bilateral Agreement on Trade Relations, in

relation to which, pursuant to my authority under subsection

405(b)(1) of the Trade Act of 1974 (19 U.S.C. 2435(b)(1)), I

reconfirm that a satisfactory balance of concessions in trade and

services has been maintained during the life of the Agreement and

that actual or foreseeable reductions in United States tariffs and

nontariff barriers to trade resulting from multilateral

negotiations are, and continuously have been, satisfactorily

reciprocated by Moldova.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

FINDING FOR RENEWAL OF TRADE AGREEMENT WITH GEORGIA

Determination of President of the United States, No. 96-49, Aug.

27, 1996, 61 F.R. 45869, provided:

Pursuant to my authority under subsection 405(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual

or foreseeable reductions in United States tariffs and nontariff

barriers to trade resulting from multilateral negotiations are

satisfactorily reciprocated by Georgia. I have further found that a

satisfactory balance of concessions in trade and services has been

maintained during the life of the Agreement on Trade Relations

between the United States of America and Georgia.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

FINDING REGARDING TRADE AGREEMENT WITH TURKMENISTAN

Determination of President of the United States, No. 97-5, Nov.

20, 1996, 61 F.R. 59303, provided:

Pursuant to my authority under subsection 405(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual

or foreseeable reductions in United States tariffs and nontariff

barriers to trade resulting from multilateral negotiations are

satisfactorily reciprocated by Turkmenistan. I have further found

that a satisfactory balance of concessions in trade and services

has been maintained during the life of the Agreement on Trade

Relations between the United States of America and Turkmenistan.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

FINDING REGARDING TRADE AGREEMENT WITH UZBEKISTAN

Determination of President of the United States, No. 97-6, Nov.

26, 1996, 61 F.R. 63693, provided:

Pursuant to my authority under subsection 405(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual

or foreseeable reductions in United States tariffs and nontariff

barriers to trade resulting from multilateral negotiations are

satisfactorily reciprocated by Uzbekistan. I have further found

that a satisfactory balance of concessions in trade and services

has been maintained during the life of the Agreement on Trade

Relations between the United States of America and the Republic of

Uzbekistan.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

FINDING REGARDING TRADE AGREEMENT WITH TAJIKISTAN

Determination of President of the United States, No. 97-7, Nov.

26, 1996, 61 F.R. 63695, provided:

Pursuant to my authority under subsection 405(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2435(b)(1)), I have determined that actual

or foreseeable reductions in United States tariffs and nontariff

barriers to trade resulting from multilateral negotiations are

satisfactorily reciprocated by Tajikistan. I have further found

that a satisfactory balance of concessions in trade and services

has been maintained during the life of the Agreement on Trade

Relations between the United States of America and the Republic of

Tajikistan.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

PROC. NO. 7207. TO EXTEND NONDISCRIMINATORY TREATMENT (NORMAL TRADE

RELATIONS TREATMENT) TO PRODUCTS OF MONGOLIA AND TO IMPLEMENT AN

AGREEMENT TO ELIMINATE TARIFFS ON CERTAIN PHARMACEUTICALS AND

CHEMICAL INTERMEDIATES

Proc. No. 7207, July 1, 1999, 64 F.R. 36549, provided:

1. The United States has had in effect a bilateral Agreement on

Trade Relations with Mongolia since 1991 and has provided normal

trade relations treatment to the products of Mongolia since that

time. I have found Mongolia to be in full compliance with the

freedom of emigration requirements of title IV of the Trade Act of

1974 (the ''Trade Act'') (19 U.S.C. 2432).

2. Pursuant to section 2424(b)(1) of Public Law 106-36 (set out

as a note above), and having due regard for the findings of the

Congress in section 2424(a) of said Law, I hereby determine that

title IV of the Trade Act (19 U.S.C. 2431-2441) should no longer

apply to Mongolia.

3. On November 13, 1998, members of the World Trade Organization

(WTO), including the United States and 21 other major trading

countries, announced in the WTO an agreement to eliminate tariffs

on certain pharmaceuticals and chemical intermediates that were the

subject of reciprocal duty elimination negotiations during the

Uruguay Round of Multilateral Trade Negotiations (the ''Uruguay

Round''). A similar agreement between the United States and 16

other major trading countries eliminating tariffs on enumerated

pharmaceuticals and chemical intermediates was implemented for the

United States on April 1, 1997, by Proclamation 6982 (not

classified to the Code), adding such goods to the scope of the

agreement on pharmaceutical products reached at the conclusion of

the Uruguay Round and reflected in Schedule XX-United States of

America, annexed to the Marrakesh Protocol to the General Agreement

on Tariffs and Trade (1994) (Schedule XX).

4. Section 111(b) of the Uruguay Round Agreements Act (URAA) (19

U.S.C. 3521(b)) authorizes the President to proclaim the

modification of any duty or staged rate reduction of any duty set

forth in Schedule XX for products that were the subject of

reciprocal duty elimination negotiations during the Uruguay Round,

if the United States agrees to such action in a multilateral

negotiation under the auspices of the WTO, and after compliance

with the consultation and layover requirements of section 115 of

the URAA (19 U.S.C. 3524). Section 111(b) also authorizes the

President to proclaim such modifications as are necessary to

reflect such duty treatment in Schedule XX by means of

rectifications thereof.

5. On April 29, 1999, pursuant to section 115 of the URAA, the

United States Trade Representative (USTR) submitted a report to the

Committee on Ways and Means of the House of Representatives and the

Committee on Finance of the Senate (''the Committees'') that sets

forth the proposed tariff eliminations, together with the advice

received from the appropriate private sector advisory committee and

the United States International Trade Commission regarding the

proposed tariff eliminations. During the 60-day period thereafter,

the USTR consulted with the Committees on the proposed actions.

6. Section 604 of the Trade Act, as amended (19 U.S.C. 2483),

authorizes the President to embody in the Harmonized Tariff

Schedule of the United States (HTS) (see 19 U.S.C. 1202) the

substance of the relevant provisions of that Act, and of other acts

affecting import treatment, and actions thereunder, including the

removal, modification, continuance, or imposition of any rate of

duty or other import restriction.

7. Pursuant to section 111(b) of the URAA, I have determined that

Schedule XX should be modified to reflect the implementation by the

United States of the multilateral agreement on certain

pharmaceuticals and chemical intermediates negotiated under the

auspices of the WTO. In addition, I have determined that the

pharmaceuticals appendix to the HTS should be modified to reflect

the duty eliminations provided in such agreement, and to make

certain minor technical corrections in the identification of

particular products in order to ensure that products are accorded

the intended duty treatment.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to section 2424(b)(2) of Public Law 106-36, section 111(b)

of the URAA, and section 604 of the Trade Act, do hereby proclaim

that:

(1) Nondiscriminatory treatment (normal trade relations

treatment) shall be extended to the products of Mongolia, which

shall no longer be subject to title IV of the Trade Act.

(2) The extension of nondiscriminatory treatment to the products

of Mongolia shall be effective as of the date of signature of this

proclamation.

(3) In order to implement the multilateral agreement negotiated

under the auspices of the WTO to eliminate tariffs on certain

pharmaceutical products and chemical intermediates, and to make

technical corrections in the tariff treatment accorded to such

products, the HTS is modified as set forth in the Annex to this

proclamation.

(4) Such modifications to the HTS shall be effective with respect

to articles entered, or withdrawn from warehouse for consumption,

on or after the dates set forth in the Annex for the respective

actions taken.

(5) Any provisions of previous proclamations and Executive orders

that are inconsistent with the actions taken in this proclamation

are superseded to the extent of such inconsistency.

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

July, in the year of our Lord nineteen hundred and ninety-nine, and

of the Independence of the United States of America the two hundred

and twenty-third. William J. Clinton.

ANNEX

The Annex of Proclamation 7207, which amended the Harmonized

Tariff Schedule of the United States, is not set out under this

section because 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.

PROC. NO. 7326. EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL

TRADE RELATIONS TREATMENT) TO PRODUCTS OF ALBANIA AND KYRGYZSTAN

Proc. No. 7326, June 29, 2000, 65 F.R. 41547, provided:

1. Albania has made progress, since its emergence from communism,

toward democratic rule and the creation of a market economy.

Further, I have found Albania to be in full compliance with the

freedom of emigration requirements under title IV of the Trade Act

of 1974 (the ''Trade Act'') (19 U.S.C. 2431, et seq.). In 1998,

Albania concluded a bilateral investment treaty with the United

States. Albania is in the process of acceding to the World Trade

Organization (WTO). The extension of unconditional normal trade

relations treatment to the products of Albania will permit the

United States to avail itself of all rights under the WTO with

respect to Albania when that country becomes a member of the WTO.

2. Pursuant to section 301(b) of Public Law 106-200, 114 Stat.

289 (set out as a note above), and having due regard for the

findings of the Congress in section 301(a) of that law (set out as

a note above), I hereby determine that title IV of the Trade Act

should no longer apply to Albania.

3. Since 1991, Kyrgyzstan has made great progress toward

democratic rule and toward creating a free-market economic system.

Further, I have found Kyrgyzstan to be in full compliance with the

freedom of emigration requirements under title IV of the Trade Act.

In 1994, Kyrgyzstan concluded a bilateral investment treaty with

the United States, and in 1999 Kyrgyzstan became a member of the

WTO. The extension of unconditional normal trade relations

treatment to the products of Kyrgyzstan will permit the United

States to avail itself of all rights under the WTO with respect to

Kyrgyzstan.

4. Pursuant to section 302(b) of Public Law 106-200, 114 Stat.

289-90 (set out as a note above), and having due regard for the

findings of the Congress in section 302(a) of that law (set out as

a note above), I hereby determine that title IV of the Trade Act

should no longer apply to Kyrgyzstan.

NOW, THEREFORE, I WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to sections 301(b)(1)(B) and 302(b)(1)(B) of Public Law

106-200, do hereby proclaim that:

(1) Nondiscriminatory treatment (normal trade relations

treatment) shall be extended to the products of Albania;

(2) The extension of nondiscriminatory treatment to the products

of Albania shall be effective as of the date of signature of this

proclamation;

(3) Nondiscriminatory treatment (normal trade relations

treatment) shall be extended to the products of Kyrgyzstan;

(4) The extension of nondiscriminatory treatment to the products

of Kyrgyzstan shall be effective as of the date of signature of

this proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth

day of June, in the year of our Lord two thousand, and of the

Independence of the United States of America the two hundred and

twenty-fourth. William J. Clinton.

PROC. NO. 7389. EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL

TRADE RELATIONS TREATMENT) TO THE PRODUCTS OF THE REPUBLIC OF

GEORGIA

Proc. No. 7389, Dec. 29, 2000, 66 F.R. 703, provided:

1. The Republic of Georgia (Georgia) has made progress, since its

emergence from communism, toward democratic rule and the creation

of a free market economy. Georgia has also made considerable

progress toward respecting fundamental human rights consistent with

the objectives of title IV of the Trade Act of 1974 (the ''Trade

Act'') (19 U.S.C. 2431, et seq.). Further, I have found Georgia to

be in full compliance with the freedom of emigration requirements

under the Trade Act. In 1993, Georgia concluded a bilateral trade

agreement with the United States and in 1994 concluded a bilateral

investment treaty with the United States. Georgia acceded to the

World Trade Organization (WTO) on June 14, 2000. The extension of

unconditional normal trade relations treatment to the products of

Georgia will permit the United States to avail itself of all rights

under the WTO with respect to Georgia.

2. Pursuant to section 3002 of Public Law 106-476, 114 Stat.

2101, 2175 (set out in a note above), and having due regard for the

findings of the Congress in section 3001 of that law (set out in a

note above), I hereby determine that title IV of the Trade Act

should no longer apply to Georgia.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to section 3002 of Public Law 106-476, do hereby proclaim

that:

(1) Nondiscriminatory treatment (normal trade relations

treatment) shall be extended to the products of Georgia; and

(2) The extension of nondiscriminatory treatment to the products

of Georgia shall be effective as of the date of signature of this

proclamation.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth

day of December, in the year of our Lord two thousand, and of the

Independence of the United States of America the two hundred and

twenty-fifth. William J. Clinton.

PROC. NO. 7449. AGREEMENT WITH SOCIALIST REPUBLIC OF VIETNAM

Proc. No. 7449, June 8, 2001, 66 F.R. 31375, provided:

1. Pursuant to the authority vested in the President by the

Constitution and the laws of the United States, and acting through

duly empowered representatives, the United States entered into

negotiations with representatives of the Socialist Republic of

Vietnam (''Vietnam'') to conclude an agreement on trade relations

between the United States and Vietnam.

2. These negotiations were conducted in accordance with the

requirements of the Trade Act of 1974, as amended (19 U.S.C. 2431

et seq.) (the ''Trade Act'').

3. As a result of these negotiations, an ''Agreement Between the

United States of America and the Socialist Republic of Vietnam on

Trade Relations'' (the ''Agreement''), including annexes and an

exchange of letters which form an integral part of the Agreement,

the foregoing in English and Vietnamese, was signed on July 13,

2000, by duly empowered representatives of the two Governments, and

is set forth as an annex to this proclamation (not set out in the

Code).

4. The Agreement conforms to the requirements relating to

bilateral commercial agreements set forth in section 405(b) of the

Trade Act (19 U.S.C. 2435(b)).

5. Chapter VII, Article 8:1 of the Agreement provides that the

Agreement shall enter into force on the date of exchange of written

notices of acceptance by the two Governments.

6. Section 405(c) of the Trade Act (19 U.S.C. 2435(c)) provides

that a bilateral commercial agreement providing nondiscriminatory

treatment to the products of a country denied such treatment prior

to the date of enactment of the Trade Act (Jan. 3, 1975), and a

proclamation implementing such agreement, shall take effect only if

a joint resolution described in section 151(b)(3) of the Trade Act

(19 U.S.C. 2191(b)(3)) that approves of the Agreement is enacted

into law.

7. Section 604 of the Trade Act (19 U.S.C. 2483) authorizes the

President to embody in the Harmonized Tariff Schedule of the United

States (HTS) (see 19 U.S.C. 1202) the substance of the provisions

of that Act, of other acts affecting import treatment, and actions

taken thereunder.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States

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

and the laws of the United States, including, but not limited to,

sections 404, 405, and 604 of the Trade Act (19 U.S.C. 2434, 2435,

and 2483), do proclaim that:

(1) This proclamation shall become effective, the Agreement shall

enter into force, and nondiscriminatory treatment shall be extended

to the products of Vietnam, in accordance with the terms of the

Agreement, and after Congress approves the Agreement by joint

resolution, on the date of exchange of written notices of

acceptance in accordance with Chapter VII, Article 8:1 of the

Agreement. The United States Trade Representative shall publish

notice of the effective date in the Federal Register.

(2) Effective with respect to articles entered, or withdrawn from

warehouse for consumption, on or after the date provided in

paragraph (1) of this proclamation, general note 3(b) to the HTS,

enumerating those countries whose products are subject to duty at

rates set forth in Rates of Duty Column 2 of the tariff schedule,

is modified by striking out ''Socialist Republic of Vietnam.''

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

of June, in the year of our Lord two thousand one, and of the

Independence of the United States of America the two hundred and

twenty-fifth. George W. Bush.

FINDING REGARDING TRADE AGREEMENT WITH SOCIALIST REPUBLIC OF

VIETNAM

Determination of President of the United States, No. 2001-18,

June 8, 2001, 66 F.R. 34353, provided:

Memorandum for the Secretary of State

Pursuant to the authority vested in me under the Trade Act of

1974, as amended (19 U.S.C. 2431 et seq.) (the ''Trade Act''), I

determine, pursuant to section 405(a) of the Trade Act (19 U.S.C.

2435(a)), that the ''Agreement Between the United States of America

and the Socialist Republic of Vietnam on Trade Relations'' will

promote the purposes of the Trade Act and is in the national

interest.

You are authorized and directed to publish this determination in

the Federal Register. George W. Bush.

PROC. NO. 7516. EXTENSION OF NONDISCRIMINATORY TREATMENT (NORMAL

TRADE RELATIONS TREATMENT) TO PRODUCTS OF PEOPLE'S REPUBLIC OF

CHINA

Proc. No. 7516, Dec. 27, 2001, 67 F.R. 479, provided:

1. The United States and the People's Republic of China (China)

opened trade relations in 1980. Since that time, the products of

China have received nondiscriminatory treatment pursuant to annual

waivers of the requirements of section 402 of the Trade Act of 1974

(the ''Trade Act'') (19 U.S.C. 2432). Trade between the United

States and China has expanded significantly even though China has

maintained restrictions on market access for U.S. exports and

investment.

2. On November 15, 1999, the United States and China agreed on

certain terms and conditions for China's accession to the World

Trade Organization (WTO) that when implemented will eliminate or

greatly reduce the principal barriers to trade and investment in

China.

3. On November 9, 2001, pursuant to section 101(b) of Public Law

106-286, 114 Stat. 881 (set out as a note above), I transmitted a

report to the Congress certifying that the terms and conditions for

the accession of China to the WTO are at least equivalent to those

agreed between the United States and China on November 15, 1999. On

November 10, 2001, the Ministerial Conference of the WTO approved

the terms and conditions for China's accession and invited China to

become a member of the WTO. China has accepted these terms and

conditions and became a WTO member on December 11, 2001.

4. Pursuant to section 101(a)(1) of Public Law 106-286, 114 Stat.

881 (set out as a note above), I hereby determine that chapter 1 of

title IV of the Trade Act (this part) should no longer apply to

China.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States

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

Constitution and the laws of the United States, including but not

limited to sections 101(a)(2) and 102(a) of Public Law 106-286, 114

Stat. 881 (set out as a note above), do hereby proclaim that:

(1) Nondiscriminatory treatment (normal trade relations

treatment) shall be extended to the products of China; and

(2) The extension of nondiscriminatory treatment to the products

of China shall be effective as of January 1, 2002.

IN WITNESS WHEREOF, I have hereunto set my hand this

twenty-seventh day of December, in the year of our Lord two

thousand one, and of the Independence of the United States of

America the two hundred and twenty-sixth. George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2435, 2437 of this title;

title 22 section 6901.

-CITE-

19 USC Sec. 2435 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2435. Commercial agreements

-STATUTE-

(a) Presidential authority

Subject to the provisions of subsections (b) and (c) of this

section, the President may authorize the entry into force of

bilateral commercial agreements providing nondiscriminatory

treatment to the products of countries heretofore denied such

treatment whenever he determines that such agreements with such

countries will promote the purposes of this chapter and are in the

national interest.

(b) Terms of agreements

Any such bilateral commercial agreement shall -

(1) be limited to an initial period specified in the agreement

which shall be no more than 3 years from the date the agreement

enters into force; except that it may be renewable for additional

periods, each not to exceed 3 years; if -

(A) a satisfactory balance of concessions in trade and

services has been maintained during the life of such agreement,

and

(B) the President determines that actual or foreseeable

reductions in United States tariffs and nontariff barriers to

trade resulting from multilateral negotiations are

satisfactorily reciprocated by the other party to the bilateral

agreement;

(2) provide that it is subject to suspension or termination at

any time for national security reasons, or that the other

provisions of such agreement shall not limit the rights of any

party to take any action for the protection of its security

interests;

(3) include safeguard arrangements (A) providing for prompt

consultations whenever either actual or prospective imports cause

or threaten to cause, or significantly contribute to, market

disruption and (B) authorizing the imposition of such import

restrictions as may be appropriate to prevent such market

disruption;

(4) if the other party to the bilateral agreement is not a

party to the Paris Convention for the Protection of Industrial

Property, provide rights for United States nationals with respect

to patents and trademarks in such country not less than the

rights specified in such convention;

(5) if the other party to the bilateral agreement is not a

party to the Universal Copyright Convention, provide rights for

United States nationals with respect to copyrights in such

country not less than the rights specified in such convention;

(6) in the case of an agreement entered into or renewed after

January 3, 1975, provide arrangements for the protection of

industrial rights and processes;

(7) provide arrangements for the settlement of commercial

differences and disputes;

(8) in the case of an agreement entered into or renewed after

January 3, 1975, provide arrangements for the promotion of trade,

which may include arrangements for the establishment or expansion

of trade and tourist promotion offices, for facilitation of

activities of governmental commercial officers, participation in

trade fairs and exhibits, and the sending of trade missions, and

for facilitation of entry, establishment, and travel of

commercial representatives;

(9) provide for consultations for the purpose of reviewing the

operation of the agreement and relevant aspects of relations

between the United States and the other party; and

(10) provide such other arrangements of a commercial nature as

will promote the purposes of this chapter.

(c) Congressional action

An agreement referred to in subsection (a) of this section, and a

proclamation referred to in section 2434(a) of this title

implementing such agreement, shall take effect only if a joint

resolution described in section 2191(b)(3) of this title that

approves of the agreement referred to in subsection (a) of this

section is enacted into law.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 405, Jan. 3, 1975, 88 Stat. 2061;

Pub. L. 96-39, title XI, Sec. 1106(f)(3), July 26, 1979, 93 Stat.

312; Pub. L. 101-382, title I, Sec. 132(b)(1), Aug. 20, 1990, 104

Stat. 645.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a) and (b)(10), 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 Universal Copyright Convention, referred to in subsec.

(b)(5), is set out under section 104 of Title 17, Copyrights.

-MISC2-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-382 amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''An

agreement referred to in subsection (a) of this section, and a

proclamation referred to in section 2434(a) of this title

implementing such agreement, shall take effect only if (1) approved

by the Congress by the adoption of a concurrent resolution referred

to in section 2191 of this title, or (2) in the case of an

agreement entered into before January 3, 1975, and a proclamation

implementing such agreement, a resolution of disapproval referred

to in section 2192 of this title is not adopted during the 90-day

period specified by section 2437(c)(2) of this title.''

1979 - Subsec. (b)(8). Pub. L. 96-39 substituted ''may include

arrangements'' for ''may include those''.

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2434, 2436 of this title;

title 22 section 6901.

-CITE-

19 USC Sec. 2436 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2436. Market disruption

-STATUTE-

(a) Investigation by International Trade Commission; report;

publication

(1) Upon the filing of a petition by an entity described in

section 2252(a) of this title, upon request of the President or the

United States Trade Representative, upon resolution of either the

Committee on Ways and Means of the House of Representatives or the

Committee on Finance of the Senate, or on its own motion, the

International Trade Commission (hereafter in this section referred

to as the ''Commission'') shall promptly make an investigation to

determine, with respect to imports of an article which is the

product of a Communist country, whether market disruption exists

with respect to an article produced by a domestic industry.

(2) The provisions of subsections (a)(3), (b)(4), (FOOTNOTE 1)

and (c)(4) of section 2252 of this title shall apply with respect

to investigations by the Commission under paragraph (1).

(FOOTNOTE 1) See References in Text note below.

(3) The Commission shall report to the President its

determination with respect to each investigation under paragraph

(1) and the basis therefor and shall include in each report any

dissenting or separate views. If the Commission finds, as a result

of its investigation, that market disruption exists with respect to

an article produced by a domestic industry, it shall find the

amount of the increase in, or imposition of, any duty or other

import restriction on such article which is necessary to prevent or

remedy such market disruption and shall include such finding in its

report to the President. The Commission shall furnish to the

President a transcript of the hearings and any briefs which may

have been submitted in connection with each investigation.

(4) The report of the Commission of its determination with

respect to an investigation under paragraph (1) shall be made at

the earliest practicable time, but not later than 3 months after

the date on which the petition is filed (or the date on which the

request or resolution is received or the motion is adopted, as the

case may be). Upon making such report to the President, the

Commission shall also 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.

(b) Affirmative determination

With respect to any affirmative determination of the Commission

under subsection (a) of this section -

(1) such determination shall be treated as an affirmative

determination made under section 2251(b) of this title (as in

effect on the day before the date of the enactment of the Omnibus

Trade and Competitiveness Act of 1988); and

(2) sections 2252 and 2253 of this title (as in effect on the

day before the date of the enactment of such Act of 1988), rather

than the provisions of part 1 of subchapter II of this chapter as

amended by section 1401 of such Act of 1988, shall apply with

respect to the taking of subsequent action, if any, by the

President in response to such affirmative determination;

except that -

(A) the President may take action under such sections 2252 and

2253 of this title only with respect to imports from the country

or countries involved of the article with respect to which the

affirmative determination was made; and

(B) if such action consists of, or includes, an orderly

marketing agreement, such agreement shall be entered into within

60 days after the import relief determination date.

(c) Products of Communist countries

If, at any time, the President finds that there are reasonable

grounds to believe, with respect to imports of an article which is

the product of a Communist country, that market disruption exists

with respect to an article produced by a domestic industry, he

shall request the Commission to initiate an investigation under

subsection (a) of this section. If the President further finds

that emergency action is necessary, he may take action under

sections 2252 and 2253 of this title referred to in subsection (b)

of this section as if an affirmative determination of the

Commission had been made under subsection (a) of this section. Any

action taken by the President under the preceding sentence shall

cease to apply (1) if a negative determination is made by the

Commission under subsection (a) of this section with respect to

imports of such article, on the day on which the Commission's

report of such determination is submitted to the President, or (2)

if an affirmative determination is made by the Commission under

subsection (a) of this section with respect to imports of such

article, on the day on which the action taken by the President

pursuant to such determination becomes effective.

(d) Petitions to initiate consultations as provided for by

safeguard arrangements

(1) A petition may be filed with the President by an entity

described in section 2251(a)(1) of this title requesting the

President to initiate consultations provided for by the safeguard

arrangements of any agreement entered into under section 2435 of

this title with respect to imports of an article which is the

product of the country which is the other party to such agreement.

(2) If the President determines that there are reasonable grounds

to believe, with respect to imports of such article, that market

disruption exists with respect to an article produced by a domestic

industry, he shall initiate consultations with such country with

respect to such imports.

(e) Definitions; factors determining existence of market disruption

For purposes of this section -

(1) The term ''Communist country'' means any country dominated

or controlled by communism.

(2)(A) Market disruption exists within a domestic industry

whenever imports of an article, like or directly competitive with

an article produced by such domestic industry, are increasing

rapidly, either absolutely or relatively, so as to be a

significant cause of material injury, or threat thereof, to such

domestic industry.

(B) For purposes of subparagraph (A):

(i) Imports of an article shall be considered to be

increasing rapidly if there has been a significant increase in

such imports (either actual or relative to domestic production)

during a recent period of time.

(ii) The term ''significant cause'' refers to a cause which

contributes significantly to the material injury of the

domestic industry, but need not be equal to or greater than any

other cause.

(C) The Commission, in determining whether market disruption

exists, shall consider, among other factors -

(i) the volume of imports of the merchandise which is the

subject of the investigation;

(ii) the effect of imports of the merchandise on prices in

the United States for like or directly competitive articles;

(iii) the impact of imports of such merchandise on domestic

producers of like or directly competitive articles; and

(iv) evidence of disruptive pricing practices, or other

efforts to unfairly manage trade patterns.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 406, Jan. 3, 1975, 88 Stat. 2062;

1979 Reorg. Plan No. 3, Sec. 1(b)(1), eff. Jan. 2, 1980, 44 F.R.

69273, 93 Stat. 1381; Pub. L. 100-418, title I, Sec. 1411(a), (b),

Aug. 23, 1988, 102 Stat. 1241, 1242; Pub. L. 106-36, title I, Sec.

1001(a)(6), June 25, 1999, 113 Stat. 130.)

-REFTEXT-

REFERENCES IN TEXT

Subsection (b)(4) of section 2252 of this title, referred to in

subsec. (a)(2), was repealed by Pub. L. 103-465, title III, Sec.

301(c), Dec. 8, 1994, 108 Stat. 4932. See section 2252(b)(3) of

this title.

The date of the enactment of the Omnibus Trade and

Competitiveness Act of 1988, referred to in subsec. (b), is the

date of enactment of Pub. L. 100-418, which was approved Aug. 23,

1988.

Section 1401 of such Act of 1988, referred to in subsec. (b)(2),

is section 1401 of Pub. L. 100-418, known as the Omnibus Trade and

Competitiveness Act of 1988, which enacted section 2254 of this

title, amended sections 1330, 2133, 2251 to 2253, 2274, 2354, and

2703 of this title, enacted a provision set out as a note under

section 2251 of this title, and amended a provision set out as a

note under section 2112 of this title.

-MISC2-

AMENDMENTS

1999 - Subsec. (e)(2)(B), (C). Pub. L. 106-36 realigned margins.

1988 - Subsec. (a)(1). Pub. L. 100-418, Sec. 1411(b)(1),

substituted ''section 2252(a)'' for ''section 2251(a)(1)''.

Subsec. (a)(2). Pub. L. 100-418, Sec. 1411(b)(2), substituted

''subsections (a)(3), (b)(4), and (c)(4) of section 2252'' for

''subsections (a)(2), (b)(3), and (c) of section 2251''.

Subsec. (b). Pub. L. 100-418, Sec. 1411(a)(1), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows:

''For purposes of sections 2252 and 2253 of this title, an

affirmative determination of the Commission under subsection (a) of

this section shall be treated as an affirmative determination under

section 2251(b) of this title, except that -

''(1) the President may take action under sections 2252 and

2253 of this title only with respect to imports from the country

or countries involved of the article with respect to which the

affirmative determination was made, and

''(2) if such action consists of, or includes, an orderly

marketing agreement, such agreement shall be entered into within

60 days after the import relief determination date.''

Subsec. (c). Pub. L. 100-418, Sec. 1411(a)(2), inserted

''referred to in subsection (b) of this section'' after ''sections

2252 and 2253 of this title''.

Subsec. (e)(2). Pub. L. 100-418, Sec. 1411(a)(3), designated

existing provisions as subpar. (A) and added subpars. (B) and (C).

-CHANGE-

CHANGE OF NAME

''United States Trade Representative'' substituted for ''Special

Representative for Trade Negotiations'' in subsec. (a)(1), 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-

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1411(c) of Pub. L. 100-418 provided that: ''The

amendments made by subsections (a) and (b) (amending this section)

apply with respect to investigations initiated under section 406(a)

of the Trade Act of 1974 (19 U.S.C. 2436(a)) on or after the date

of the enactment of this Act (Aug. 23, 1988).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1330, 2581 of this title.

-CITE-

19 USC Sec. 2437 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2437. Procedure for Congressional approval or disapproval of

extension of nondiscriminatory treatment and Presidential

reports

-STATUTE-

(a) Transmission of nondiscriminatory treatment documents to

Congress

Whenever the President issues a proclamation under section 2434

of this title extending nondiscriminatory treatment to the products

of any foreign country, he shall promptly transmit to the House of

Representatives and to the Senate a document setting forth the

proclamation and the agreement the proclamation proposes to

implement, together with his reasons therefor.

(b) Transmission of freedom of emigration documents to Congress

The President shall transmit to the House of Representatives and

the Senate a document containing the initial report submitted by

him under section 2432(b) or 2439(b) of this title with respect to

a nonmarket economy country. On or before December 31 of each

year, the President shall transmit to the House of Representatives

and the Senate, a document containing the report required by

section 2432(b) or 2439(b) of this title as the case may be, to be

submitted on or before such December 31.

(c) Effective date of proclamations and agreements; disapproval of

reports

(1) In the case of a document referred to in subsection (a) of

this section, the proclamation set forth in the document may become

effective and the agreement set forth in the document may enter

into force and effect only if a joint resolution described in

section 2191(b)(3) of this title that approves of the extension of

nondiscriminatory treatment to the products of the country

concerned is enacted into law.

(2) In the case of a document referred to in subsection (b) of

this section which contains a report submitted by the President

under section 2432(b) or 2439(b) of this title with respect to a

nonmarket economy country, if, before the close of the 90-day

period beginning on the day on which such document is delivered to

the House of Representatives and to the Senate, a joint resolution

described in section 2192(a)(1)(B) of this title is enacted into

law that disapproves of the report submitted by the President with

respect to such country, then, beginning with the day after the end

of the 60-day period beginning with the date of the enactment of

such resolution of disapproval, (A) nondiscriminatory treatment

shall not be in force with respect to the products of such country,

and the products of such country shall be dutiable at the rates set

forth in rate column numbered 2 of the Harmonized Tariff Schedule

of the United States, (B) such country may not participate in any

program of the Government of the United States which extends credit

or credit guarantees or investment guarantees, and (C) no

commercial agreement may thereafter be concluded with such country

under this subchapter. If the President vetoes the joint

resolution, the joint resolution shall be treated as enacted into

law before the end of the 90-day period under this paragraph if

both Houses of Congress vote to override such veto on or before the

later of the last day of such 90-day period or the last day of the

15-day period (excluding any day described in section 2194(b) of

this title) beginning on the date the Congress receives the veto

message from the President.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 407, Jan. 3, 1975, 88 Stat. 2063;

Pub. L. 100-418, title I, Sec. 1214(j)(4), Aug. 23, 1988, 102 Stat.

1158; Pub. L. 101-382, title I, Sec. 132(b)(3), (c)(1), Aug. 20,

1990, 104 Stat. 646.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (c)(2), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

AMENDMENTS

1990 - Subsec. (c)(1). Pub. L. 101-382, Sec. 132(b)(3)(A), added

par. (1) and struck out former par. (1) which read as follows: ''In

the case of a document referred to in subsection (a) of this

section (other than a document to which paragraph (2) applies), the

proclamation set forth therein may become effective and the

agreement set forth therein may enter into force and effect only if

the House of Representatives and the Senate adopt, by an

affirmative vote of a majority of those present and voting in each

House, a concurrent resolution of approval (under the procedures

set forth in section 2191 of this title) of the extension of

nondiscriminatory treatment to the products of the country

concerned.''

Subsec. (c)(2). Pub. L. 101-382 struck out par. (2) and

redesignated par. (3) as (2), and substituted ''a joint resolution

described in section 2192(a)(1)(B) of this title is enacted into

law that disapproves'' for ''either the House of Representatives or

the Senate adopts, by an affirmative vote of a majority of those

present and voting in that House, a resolution of disapproval

(under the procedures set forth in section 2192 of this title)''

and ''the end of the 60-day period beginning with the date of the

enactment'' for ''the date of the adoption'' and inserted at end

''If the President vetoes the joint resolution, the joint

resolution shall be treated as enacted into law before the end of

the 90-day period under this paragraph if both Houses of Congress

vote to override such veto on or before the later of the last day

of such 90-day period or the last day of the 15-day period

(excluding any day described in section 2194(b) of this title)

beginning on the date the Congress receives the veto message from

the President.'' Former par. (2) related to effective date of

proclamation extending nondiscriminatory treatment to products of a

foreign country and of agreement proclamation proposed to implement

and related to resolution of disapproval of such extension as to

certain countries.

Subsec. (c)(3). Pub. L. 101-382, Sec. 132(b)(3)(B), redesignated

par. (3) as (2).

1988 - Subsec. (c)(3). Pub. L. 100-418 substituted ''Harmonized

Tariff Schedule of the United States'' for ''Tariff Schedules of

the United States''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2192, 2194 of this title.

-CITE-

19 USC Sec. 2438 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2438. Payment by Czechoslovakia of amounts owed United States

citizens and nationals

-STATUTE-

(a) Renegotiation of 1974 agreement

The arrangement initialed on July 5, 1974, with respect to the

settlement of the claims of citizens and nationals of the United

States against the Government of Czechoslovakia shall be

renegotiated and shall be submitted to the Congress as part of any

agreement entered into under this subchapter with Czechoslovakia.

(b) Provisional retention of gold

The United States shall not release any gold belonging to

Czechoslovakia and controlled directly or indirectly by the United

States pursuant to the provisions of the Paris Reparations

Agreement of January 24, 1946, or otherwise, until such agreement

has been approved by the Congress.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 408, Jan. 3, 1975, 88 Stat. 2064.)

-CITE-

19 USC Sec. 2439 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

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

United States

-STATUTE-

(a) Sanctions for emigration restrictions

To assure the continued dedication of the United States to the

fundamental human rights and welfare of its own citizens, and

notwithstanding any other provision of law, on or after January 3,

1975, no nonmarket economy country shall participate in any program

of the Government of the United States which extends credits or

credit guarantees or investment guarantees, directly or indirectly,

and the President of the United States shall not conclude any

commercial agreement with any such country, during the period

beginning with the date on which the President determines that such

country -

(1) denies its citizens the right or opportunity to join

permanently through emigration, a very close relative in the

United State, (FOOTNOTE 1) such as a spouse, parent, child,

brother, or sister;

(FOOTNOTE 1) So in original.

(2) imposes more than a nominal tax on the visas or other

documents required for emigration described in paragraph (1); or

(3) imposes more than a nominal tax, levy, fine, fee, or other

charge on any citizen as a consequence of the desire of such

citizen to emigrate as described in paragraph (1),

and ending on the date on which the President determines that such

country is no longer in violation of paragraph (1), (2), or (3).

(b) Report to Congress concerning emigration policies

After January 3, 1975, (A) a nonmarket economy country may

participate in any program of the Government of the United States

which extends credits or credit guarantees or investment

guarantees, and (B) the President may conclude a commercial

agreement with such country, only after the President has submitted

to the Congress a report indicating that such country is not in

violation of paragraph (1), (2), or (3) of subsection (a) of this

section. Such report with respect to such country shall include

information as to the nature and implementation of its laws and

policies and restrictions or discrimination applied to or against

persons wishing to emigrate to the United States to join close

relatives. The report required by this subsection shall be

submitted initially as provided herein and, with current

information, on or before each June 30 and December 31 thereafter,

so long as such credits or guarantees are extended or such

agreement is in effect.

(c) Exemption from application of section

This section shall not apply to any country the products of which

are eligible for the rates set forth in rate column numbered 1 of

the Tariff Schedules of the United States on January 3, 1975.

(d) Additional exemption from application of section

During any period that a waiver is in effect with respect to any

nonmarket economy country under section 2432(c) of this title, the

provisions of subsections (a) and (b) of this section shall not

apply with respect to such country.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 409, Jan. 3, 1975, 88 Stat. 2064.)

-REFTEXT-

REFERENCES IN TEXT

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2192, 2437 of this title.

-CITE-

19 USC Sec. 2440 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2440. Repealed. Pub. L. 104-295, Sec. 17, Oct. 11, 1996, 110

Stat. 3524

-MISC1-

Section, Pub. L. 93-618, title IV, Sec. 410, Jan. 3, 1975, 88

Stat. 2065, related to establishment and maintenance of East-West

Trade Statistics Monitoring System.

-CITE-

19 USC Sec. 2441 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 1 - Trade Relations With Certain Countries

-HEAD-

Sec. 2441. Repealed. Pub. L. 105-362, title XIV, Sec. 1401(b)(2),

Nov. 10, 1998, 112 Stat. 3294; Pub. L. 106-36, title I, Sec.

1001(a)(4), June 25, 1999, 113 Stat. 130

-MISC1-

Section, Pub. L. 93-618, title IV, Sec. 411, Jan. 3, 1975, 88

Stat. 2065, related to East-West Foreign Trade Board.

-CITE-

19 USC Part 2 - Relief From Market Disruption to

Industries and Diversion of Trade to the

United States Market 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 2 - Relief From Market Disruption to Industries and Diversion

of Trade to the United States Market

.

-HEAD-

Part 2 - Relief From Market Disruption to Industries and Diversion

of Trade to the United States Market

-MISC1-

TERMINATION OF PART

For termination of this part effective 12 years after Dec. 11,

2001, see section 2451b(c) of this title.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 2133 of this title.

-CITE-

19 USC Sec. 2451 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 2 - Relief From Market Disruption to Industries and Diversion

of Trade to the United States Market

-HEAD-

Sec. 2451. Action to address market disruption

-STATUTE-

(a) Presidential action

If a product of the People's Republic of China is being imported

into the United States in such increased quantities or under such

conditions as to cause or threaten to cause market disruption to

the domestic producers of a like or directly competitive product,

the President shall, in accordance with the provisions of this

section, proclaim increased duties or other import restrictions

with respect to such product, to the extent and for such period as

the President considers necessary to prevent or remedy the market

disruption.

(b) Initiation of an investigation

(1) Upon the filing of a petition by an entity described in

section 2252(a) of this title, upon the request of the President or

the United States Trade Representative (in this part referred to as

the ''Trade Representative''), upon resolution of either the

Committee on Ways and Means of the House of Representatives, or the

Committee on Finance of the Senate (in this part referred to as the

''Committees'') or on its own motion, the United States

International Trade Commission (in this part referred to as the

''Commission'') shall promptly make an investigation to determine

whether products of the People's Republic of China are being

imported into the United States in such increased quantities or

under such conditions as to cause or threaten to cause market

disruption to the domestic producers of like or directly

competitive products.

(2) The limitations on investigations set forth in section

2252(h)(1) of this title shall apply to investigations conducted

under this section.

(3) The provisions of subsections (a)(8) and (i) of section 2252

of this title, relating to treatment of confidential business

information, shall apply to investigations conducted under this

section.

(4) Whenever a petition is filed, or a request or resolution is

received, under this subsection, the Commission shall transmit a

copy thereof to the President, the Trade Representative, the

Committee on Ways and Means of the House of Representatives, and

the Committee on Finance of the Senate, except that in the case of

confidential business information, the copy may include only

nonconfidential summaries of such information.

(5) The Commission shall publish notice of the commencement of

any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold public hearings at

which the Commission shall afford interested parties an opportunity

to be present, to present evidence, to respond to the presentations

of other parties, and otherwise to be heard.

(c) Market disruption

(1) For purposes of this section, market disruption exists

whenever imports of an article like or directly competitive with an

article produced by a domestic industry are increasing rapidly,

either absolutely or relatively, so as to be a significant cause of

material injury, or threat of material injury, to the domestic

industry.

(2) For purposes of paragraph (1), the term ''significant cause''

refers to a cause which contributes significantly to the material

injury of the domestic industry, but need not be equal to or

greater than any other cause.

(d) Factors in determination

In determining whether market disruption exists, the Commission

shall consider objective factors, including -

(1) the volume of imports of the product which is the subject

of the investigation;

(2) the effect of imports of such product on prices in the

United States for like or directly competitive articles; and

(3) the effect of imports of such product on the domestic

industry producing like or directly competitive articles.

The presence or absence of any factor under paragraph (1), (2), or

(3) is not necessarily dispositive of whether market disruption

exists.

(e) Time for Commission determinations

The Commission shall make and transmit to the President and the

Trade Representative its determination under subsection (b)(1) of

this section at the earliest practicable time, but in no case later

than 60 days (or 90 days in the case of a petition requesting

relief under subsection (i) of this section) after the date on

which the petition is filed, the request or resolution is received,

or the motion is adopted, under subsection (b) of this section. If

the Commissioners voting are equally divided with respect to its

determination, then the determination agreed upon by either group

of Commissioners may be considered by the President and the Trade

Representative as the determination of the Commission.

(f) Recommendations of Commission on proposed remedies

If the Commission makes an affirmative determination under

subsection (b) of this section, or a determination which the

President or the Trade Representative may consider as affirmative

under subsection (e) of this section, the Commission shall propose

the amount of increase in, or imposition of, any duty or other

import restrictions necessary to prevent or remedy the market

disruption. Only those members of the Commission who agreed to the

affirmative determination under subsection (b) of this section are

eligible to vote on the proposed action to prevent or remedy market

disruption. Members of the Commission who did not agree to the

affirmative determination may submit, in the report required under

subsection (g) of this section, separate views regarding what

action, if any, should be taken to prevent or remedy market

disruption.

(g) Report by Commission

(1) Not later than 20 days after a determination under subsection

(b) of this section is made, the Commission shall submit a report

to the President and the Trade Representative.

(2) The Commission shall include in the report required under

paragraph (1) the following:

(A) The determination made under subsection (b) of this section

and an explanation of the basis for the determination.

(B) If the determination under subsection (b) of this section

is affirmative, or may be considered by the President or the

Trade Representative as affirmative under subsection (e) of this

section, the recommendations of the Commission on proposed

remedies under subsection (f) of this section and an explanation

of the basis for each recommendation.

(C) Any dissenting or separate views by members of the

Commission regarding the determination and any recommendation

referred to in subparagraphs (A) and (B).

(D) A description of -

(i) the short- and long-term effects that implementation of

the action recommended under subsection (f) of this section is

likely to have on the petitioning domestic industry, on other

domestic industries, and on consumers; and

(ii) the short- and long-term effects of not taking the

recommended action on the petitioning domestic industry, its

workers, and the communities where production facilities of

such industry are located, and on other domestic industries.

(3) The Commission, after submitting a report to the President

under paragraph (1), shall promptly make it available to the public

(but shall not include confidential business information) and cause

a summary thereof to be published in the Federal Register.

(h) Opportunity to present views and evidence on proposed measure

and recommendation to the President

(1) Within 20 days after receipt of the Commission's report under

subsection (g) of this section (or 15 days in the case of an

affirmative preliminary determination under subsection (i)(1)(B) of

this section), the Trade Representative shall publish in the

Federal Register notice of any measure proposed by the Trade

Representative to be taken pursuant to subsection (a) of this

section and of the opportunity, including a public hearing, if

requested, for importers, exporters, and other interested parties

to submit their views and evidence on the appropriateness of the

proposed measure and whether it would be in the public interest.

(2) Within 55 days after receipt of the report under subsection

(g) of this section (or 35 days in the case of an affirmative

preliminary determination under subsection (i)(1)(B) of this

section), the Trade Representative, taking into account the views

and evidence received under paragraph (1) on the measure proposed

by the Trade Representative, shall make a recommendation to the

President concerning what action, if any, to take to prevent or

remedy the market disruption.

(i) Critical circumstances

(1) When a petition filed under subsection (b) of this section

alleges that critical circumstances exist and requests that

provisional relief be provided under this subsection with respect

to the product identified in the petition, the Commission shall,

not later than 45 days after the petition containing the request is

filed -

(A) determine whether delay in taking action under this section

would cause damage to the relevant domestic industry which would

be difficult to repair; and

(B) if the determination under subparagraph (A) is affirmative,

make a preliminary determination of whether imports of the

product which is the subject of the investigation have caused or

threatened to cause market disruption.

If the Commissioners voting are equally divided with respect to

either of its determinations, then the determination agreed upon by

either group of Commissioners may be considered by the President

and the Trade Representative as the determination of the

Commission.

(2) On the date on which the Commission completes its

determinations under paragraph (1), the Commission shall transmit a

report on the determinations to the President and the Trade

Representative, including the reasons for its determinations. If

the determinations under paragraph (1) are affirmative, or may be

considered by the President or the Trade Representative as

affirmative under paragraph (1), the Commission shall include in

its report its recommendations on proposed provisional measures to

be taken to prevent or remedy the market disruption. Only those

members of the Commission who agreed to the affirmative

determinations under paragraph (1) are eligible to vote on the

proposed provisional measures to prevent or remedy market

disruption. Members of the Commission who did not agree to the

affirmative determinations may submit, in the report, dissenting or

separate views regarding the determination and any recommendation

of provisional measures referred to in this paragraph.

(3) If the determinations under paragraph (1) are affirmative, or

may be considered by the President or the Trade Representative as

affirmative under paragraph (1), the Trade Representative shall,

within 10 days after receipt of the Commission's report, determine

the amount or extent of provisional relief that is necessary to

prevent or remedy the market disruption and shall provide a

recommendation to the President on what provisional measures, if

any, to take.

(4)(A) The President shall determine whether to provide

provisional relief and proclaim such relief, if any, within 10 days

after receipt of the recommendation from the Trade Representative.

(B) Such relief may take the form of -

(i) the imposition of or increase in any duty;

(ii) any modification, or imposition of any quantitative

restriction on the importation of an article into the United

States; or

(iii) any combination of actions under clauses (i) and (ii).

(C) Any provisional action proclaimed by the President pursuant

to a determination of critical circumstances shall remain in effect

not more than 200 days.

(D) Provisional relief shall cease to apply upon the effective

date of relief proclaimed under subsection (a) of this section,

upon a decision by the President not to provide such relief, or

upon a negative determination by the Commission under subsection

(b) of this section.

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

(1) The Trade Representative is authorized to enter into

agreements for the People's Republic of China to take such action

as necessary to prevent or remedy market disruption, and should

seek to conclude such agreements before the expiration of the

60-day consultation period provided for under the product-specific

safeguard provision of the Protocol of Accession of the People's

Republic of China to the WTO, which shall commence not later than 5

days after the Trade Representative receives an affirmative

determination provided for in subsection (e) of this section or a

determination which the Trade Representative considers to be an

affirmative determination pursuant to subsection (e) of this

section.

(2) If no agreement is reached with the People's Republic of

China pursuant to consultations under paragraph (1), or if the

President determines than (FOOTNOTE 1) an agreement reached

pursuant to such consultations is not preventing or remedying the

market disruption at issue, the President shall provide import

relief in accordance with subsection (a) of this section.

(FOOTNOTE 1) So in original. Probably should be ''that''.

(k) Standard for Presidential action

(1) Within 15 days after receipt of a recommendation from the

Trade Representative under subsection (h) of this section on the

appropriate action, if any, to take to prevent or remedy the market

disruption, the President shall provide import relief for such

industry pursuant to subsection (a) of this section, unless the

President determines that provision of such relief is not in the

national economic interest of the United States or, in

extraordinary cases, that the taking of action pursuant to

subsection (a) of this section would cause serious harm to the

national security of the United States.

(2) The President may determine under paragraph (1) that

providing import relief is not in the national economic interest of

the United States only if the President finds that the taking of

such action would have an adverse impact on the United States

economy clearly greater than the benefits of such action.

(l) Publication of decision and reports

(1) The President's decision, including the reasons therefor and

the scope and duration of any action taken, shall be published in

the Federal Register.

(2) The Commission shall promptly make public any report

transmitted under this section, but shall not make public any

information which the Commission determines to be confidential, and

shall publish notice of such report in the Federal Register.

(m) Effective date of relief

Import relief under this section shall take effect not later than

15 days after the President's determination to provide such relief.

(n) Modifications of relief

(1) At any time after the end of the 6-month period beginning on

the date on which relief under subsection (m) of this section first

takes effect, the President may request that the Commission provide

a report on the probable effect of the modification, reduction, or

termination of the relief provided on the relevant industry. The

Commission shall transmit such report to the President within 60

days of the request.

(2) The President may, after receiving a report from the

Commission under paragraph (1), take such action to modify, reduce,

or terminate relief that the President determines is necessary to

continue to prevent or remedy the market disruption at issue.

(3) Upon the granting of relief under subsection (k) of this

section, the Commission shall collect such data as is necessary to

allow it to respond rapidly to a request by the President under

paragraph (1).

(o) Extension of action

(1) Upon request of the President, or upon petition on behalf of

the industry concerned filed with the Commission not earlier than

the date which is 9 months, and not later than the date which is 6

months, before the date any relief provided under subsection (k) of

this section is to terminate, the Commission shall investigate to

determine whether action under this section continues to be

necessary to prevent or remedy market disruption.

(2) The Commission shall publish notice of the commencement of

any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold a public hearing

at which the Commission shall afford interested parties and

consumers an opportunity to be present, to present evidence, and to

respond to the presentations of other parties and consumers, and

otherwise to be heard.

(3) The Commission shall transmit to the President a report on

its investigation and determination under this subsection not later

than 60 days before the action under subsection (m) of this section

is to terminate.

(4) The President, after receiving an affirmative determination

from the Commission under paragraph (3), may extend the effective

period of any action under this section if the President determines

that the action continues to be necessary to prevent or remedy the

market disruption.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 421, as added Pub. L. 106-286,

div. A, title I, Sec. 103(a)(3), Oct. 10, 2000, 114 Stat. 882.)

-COD-

CODIFICATION

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

''this subtitle'' which was translated as reading ''this chapter'',

meaning chapter 2 of title IV of Pub. L. 93-618, as added, which

enacted this part, to reflect the probable intent of Congress,

because title IV of Pub. L. 93-618 contains no subtitles.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2451b of this title.

-CITE-

19 USC Sec. 2451a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 2 - Relief From Market Disruption to Industries and Diversion

of Trade to the United States Market

-HEAD-

Sec. 2451a. Action in response to trade diversion

-STATUTE-

(a) Monitoring by Customs Service

In any case in which a WTO member other than the United States

requests consultations with the People's Republic of China under

the product-specific safeguard provision of the Protocol of

Accession of the People's Republic of China to the World Trade

Organization, the Trade Representative shall inform the United

States Customs Service, which shall monitor imports into the United

States of those products of Chinese origin that are the subject of

the consultation request. Data from such monitoring shall promptly

be made available to the Commission upon request by the Commission.

(b) Initiation of investigation

(1) Upon the filing of a petition by an entity described in

section 2252(a) of this title, upon the request of the President or

the Trade Representative, upon resolution of either of the

Committees, or on its own motion, the Commission shall promptly

make an investigation to determine whether an action described in

subsection (c) of this section has caused, or threatens to cause, a

significant diversion of trade into the domestic market of the

United States.

(2) The Commission shall publish notice of the commencement of

any proceeding under this subsection in the Federal Register and

shall, within a reasonable time thereafter, hold public hearings at

which the Commission shall afford interested parties an opportunity

to be present, to present evidence, to respond to the presentations

of other parties, and otherwise to be heard.

(3) The provisions of subsections (a)(8) and (i) of section 2252

of this title, relating to treatment of confidential business

information, shall apply to investigations conducted under this

section.

(c) Actions described

An action is described in this subsection if it is an action -

(1) by the People's Republic of China to prevent or remedy

market disruption in a WTO member other than the United States;

(2) by a WTO member other than the United States to withdraw

concessions under the WTO Agreement or otherwise to limit imports

to prevent or remedy market disruption;

(3) by a WTO member other than the United States to apply a

provisional safeguard within the meaning of the product-specific

safeguard provision of the Protocol of Accession of the People's

Republic of China to the WTO; or

(4) any combination of actions described in paragraphs (1)

through (3).

(d) Basis for determination of significant diversion

(1) In determining whether significant diversion or the threat

thereof exists for purposes of this section, the Commission shall

take into account, to the extent such evidence is reasonably

available -

(A) the monitoring conducted under subsection (a) of this

section;

(B) the actual or imminent increase in United States market

share held by such imports from the People's Republic of China;

(C) the actual or imminent increase in volume of such imports

into the United States;

(D) the nature and extent of the action taken or proposed by

the WTO member concerned;

(E) the extent of exports from the People's Republic of China

to that WTO member and to the United States;

(F) the actual or imminent changes in exports to that WTO

member due to the action taken or proposed;

(G) the actual or imminent diversion of exports from the

People's Republic of China to countries other than the United

States;

(H) cyclical or seasonal trends in import volumes into the

United States of the products at issue; and

(I) conditions of demand and supply in the United States market

for the products at issue.

The presence or absence of any factor under any of subparagraphs

(A) through (I) is not necessarily dispositive of whether a

significant diversion of trade or the threat thereof exists.

(2) For purposes of making its determination, the Commission

shall examine changes in imports into the United States from the

People's Republic of China since the time that the WTO member

commenced the investigation that led to a request for consultations

described in subsection (a) of this section.

(3) If more than one action by a WTO member or WTO members

against a particular product is identified in the petition,

request, or resolution under subsection (b) of this section or

during the investigation, the Commission may cumulatively assess

the actual or likely effects of such actions jointly in determining

whether a significant diversion of trade or threat thereof exists.

(e) Commission determination; agreement authority

(1) The Commission shall make and transmit to the President and

the Trade Representative its determination under subsection (b) of

this section at the earliest practicable time, but in no case later

than 45 days after the date on which the petition is filed, the

request or resolution is received, or the motion is adopted, under

subsection (b) of this section. If the Commissioners voting are

equally divided with respect to its determination, then the

determination agreed upon by either group of Commissioners may be

considered by the President and the Trade Representative as the

determination of the Commission.

(2) The Trade Representative is authorized to enter into

agreements with the People's Republic of China or the other WTO

members concerned to take such action as necessary to prevent or

remedy significant trade diversion or threat thereof into the

domestic market of the United States, and should seek to conclude

such agreements before the expiration of the 60-day consultation

period provided for under the product-specific safeguard provision

of the Protocol of Accession of the People's Republic of China to

the WTO, which shall commence not later than 5 days after the Trade

Representative receives an affirmative determination provided for

in paragraph (1) or a determination which the Trade Representative

considers to be an affirmative determination pursuant to paragraph

(1).

(3) Report by Commission. -

(A) Not later than 10 days after a determination under

subsection (b) of this section, (FOOTNOTE 1) is made, the

Commission shall transmit a report to the President and the Trade

Representative.

(FOOTNOTE 1) So in original. The comma probably should not

appear.

(B) The Commission shall include in the report required under

subparagraph (A) the following:

(i) The determination made under subsection (b) of this

section and an explanation of the basis for the determination.

(ii) If the determination under subsection (b) of this

section is affirmative, or may be considered by the President

or the Trade Representative as affirmative under subsection

(e)(1) of this section, the recommendations of the Commission

on increased tariffs or other import restrictions to be imposed

to prevent or remedy the trade diversion or threat thereof, and

explanations of the bases for such recommendations. Only those

members of the Commission who agreed to the affirmative

determination under subsection (b) of this section are eligible

to vote on the proposed action to prevent or remedy the trade

diversion or threat thereof.

(iii) Any dissenting or separate views by members of the

Commission regarding the determination and any recommendation

referred to in clauses (i) and (ii).

(iv) A description of -

(I) the short- and long-term effects that implementation of

the action recommended under clause (ii) is likely to have on

the petitioning domestic industry, on other domestic

industries, and on consumers; and

(II) the short- and long-term effects of not taking the

recommended action on the petitioning domestic industry, its

workers and the communities where production facilities of

such industry are located, and on other domestic industries.

(C) The Commission, after submitting a report to the President

under subparagraph (A), shall promptly make it available to the

public (with the exception of confidential business information)

and cause a summary thereof to be published in the Federal

Register.

(f) Public comment

If consultations fail to lead to an agreement with the People's

Republic of China or the WTO member concerned within 60 days, the

Trade Representative shall promptly publish notice in the Federal

Register of any proposed action to prevent or remedy the trade

diversion, and provide an opportunity for interested persons to

present views and evidence on whether the proposed action is in the

public interest.

(g) Recommendation to the President

Within 20 days after the end of consultations pursuant to

subsection (e) of this section, the Trade Representative shall make

a recommendation to the President on what action, if any, should be

taken to prevent or remedy the trade diversion or threat thereof.

(h) Presidential action

Within 20 days after receipt of the recommendation from the Trade

Representative, the President shall determine what action to take

to prevent or remedy the trade diversion or threat thereof.

(i) Duration of action

Action taken under subsection (h) of this section shall be

terminated not later than 30 days after expiration of the action

taken by the WTO member or members involved against imports from

the People's Republic of China.

(j) Review of circumstances

(1) (FOOTNOTE 2) The Commission shall review the continued need

for action taken under subsection (h) of this section if the WTO

member or members involved notify the Committee on Safeguards of

the WTO of any modification in the action taken by them against the

People's Republic of China pursuant to consultation referred to in

subsection (a) of this section. The Commission shall, not later

than 60 days after such notification, determine whether a

significant diversion of trade continues to exist and report its

determination to the President. The President shall determine,

within 15 days after receiving the Commission's report, whether to

modify, withdraw, or keep in place the action taken under

subsection (h) of this section.

(FOOTNOTE 2) So in original. No par. (2) has been enacted.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 422, as added Pub. L. 106-286,

div. A, title I, Sec. 103(a)(3), Oct. 10, 2000, 114 Stat. 887.)

-TRANS-

TRANSFER OF FUNCTIONS

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2451b of this title.

-CITE-

19 USC Sec. 2451b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING

NONDISCRIMINATORY TREATMENT

Part 2 - Relief From Market Disruption to Industries and Diversion

of Trade to the United States Market

-HEAD-

Sec. 2451b. Regulations; termination of provision

-STATUTE-

(a) To carry out restrictions and monitoring

The President shall by regulation provide for the efficient and

fair administration of any restriction proclaimed pursuant to the

(FOOTNOTE 1) part and to provide for effective monitoring of

imports under section 2451a(a) of this title.

(FOOTNOTE 1) So in original. Probably should be ''this''.

(b) To carry out agreements

To carry out an agreement concluded pursuant to consultations

under section 2451(j) or 2451a(e)(2) of this title, the President

is authorized to prescribe regulations governing the entry or

withdrawal from warehouse of articles covered by such agreement.

(c) Termination date

This part and any regulations issued under this part shall cease

to be effective 12 years after the date of entry into force of the

Protocol of Accession of the People's Republic of China to the WTO.

-SOURCE-

(Pub. L. 93-618, title IV, Sec. 423, as added Pub. L. 106-286,

div. A, title I, Sec. 103(a)(3), Oct. 10, 2000, 114 Stat. 890.)

-REFTEXT-

REFERENCES IN TEXT

The date of entry into force of the Protocol of Accession of the

People's Republic of China to the WTO, referred to in subsec. (c),

is Dec. 11, 2001.

-COD-

CODIFICATION

Part, referred to in subsecs. (a) and (c), was in the original

''subtitle'' which was translated as reading ''chapter'', meaning

chapter 2 of title IV of Pub. L. 93-618, as added, which enacted

this part, to reflect the probable intent of Congress, because

title IV of Pub. L. 93-618 contains no subtitles.

-CITE-

19 USC SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

.

-HEAD-

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 2253, 2703, 3105,

3203, 3331 of this title; title 22 sections 290k-3, 6062; title 26

section 871.

-CITE-

19 USC Sec. 2461 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

Sec. 2461. Authority to extend preferences

-STATUTE-

The President may provide duty-free treatment for any eligible

article from any beneficiary developing country in accordance with

the provisions of this subchapter. In taking any such action, the

President shall have due regard for -

(1) the effect such action will have on furthering the economic

development of developing countries through the expansion of

their exports;

(2) the extent to which other major developed countries are

undertaking a comparable effort to assist developing countries by

granting generalized preferences with respect to imports of

products of such countries;

(3) the anticipated impact of such action on United States

producers of like or directly competitive products; and

(4) the extent of the beneficiary developing country's

competitiveness with respect to eligible articles.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 501, as added Pub. L. 104-188, title

I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1917.)

-MISC1-

PRIOR PROVISIONS

A prior section 2461, Pub. L. 93-618, title V, Sec. 501, Jan. 3,

1975, 88 Stat. 2066; Pub. L. 98-573, title V, Sec. 502, Oct. 30,

1984, 98 Stat. 3018, related to authority to extend preferences,

prior to the general amendment of this subchapter by Pub. L.

104-188.

EFFECTIVE DATE

Section 1953 of Pub. L. 104-188 provided that:

''(a) In General. - The amendments made by this subtitle

(subtitle J (Sec. 1951-1954) of title I of Pub. L. 104-188,

enacting this subchapter, 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 2101 of this title) apply to articles

entered on or after October 1, 1996.

''(b) Retroactive Application. -

''(1) General rule. - Notwithstanding section 514 of the Tariff

Act of 1930 (19 U.S.C. 1514) or any other provision of law and

subject to subsection (c) -

''(A) any article that was entered -

''(i) after July 31, 1995, and

''(ii) before January 1, 1996, and

to which duty-free treatment under title V of the Trade Act of

1974 (this subchapter) would have applied if the entry had been

made on July 31, 1995, shall be liquidated or reliquidated as

free of duty, and the Secretary of the Treasury shall refund

any duty paid with respect to such entry, and

''(B) any article that was entered -

''(i) after December 31, 1995, and

''(ii) before October 1, 1996, and

to which duty-free treatment under title V of the Trade Act of

1974 (this subchapter) (as amended by this subtitle) would have

applied if the entry had been made on or after October 1, 1996,

shall be liquidated or reliquidated as free of duty, and the

Secretary of the Treasury shall refund any duty paid with

respect to such entry.

''(2) Limitation on refunds. - No refund shall be made pursuant

to this subsection before October 1, 1996.

''(3) Entry. - As used in this subsection, the term 'entry'

includes a withdrawal from warehouse for consumption.

''(c) Requests. - Liquidation or reliquidation may be made under

subsection (b) with respect to an entry only if a request therefor

is filed with the Customs Service, within 180 days after the date

of the enactment of this Act (Aug. 20, 1996), that contains

sufficient information to enable the Customs Service -

''(1) to locate the entry; or

''(2) to reconstruct the entry if it cannot be located.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2462, 2463 of this title.

-CITE-

19 USC Sec. 2462 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

Sec. 2462. Designation of beneficiary developing countries

-STATUTE-

(a) Authority to designate countries

(1) Beneficiary developing countries

The President is authorized to designate countries as

beneficiary developing countries for purposes of this subchapter.

(2) Least-developed beneficiary developing countries

The President is authorized to designate any beneficiary

developing country as a least-developed beneficiary developing

country for purposes of this subchapter, based on the

considerations in section 2461 of this title and subsection (c)

of this section.

(b) Countries ineligible for designation

(1) Specific countries

The following countries may not be designated as beneficiary

developing countries for purposes of this subchapter:

(A) Australia.

(B) Canada.

(C) European Union member states.

(D) Iceland.

(E) Japan.

(F) Monaco.

(G) New Zealand.

(H) Norway.

(I) Switzerland.

(2) Other bases for ineligibility

The President shall not designate any country a beneficiary

developing country under this subchapter if any of the following

applies:

(A) Such country is a Communist country, unless -

(i) the products of such country receive nondiscriminatory

treatment,

(ii) such country is a WTO Member (as such term is defined

in section 3501(10) of this title) and a member of the

International Monetary Fund, and

(iii) such country is not dominated or controlled by

international communism.

(B) Such country is a party to an arrangement of countries

and participates in any action pursuant to such arrangement,

the effect of which is -

(i) to withhold supplies of vital commodity resources from

international trade or to raise the price of such commodities

to an unreasonable level, and

(ii) to cause serious disruption of the world economy.

(C) Such country affords preferential treatment to the

products of a developed country, other than the United States,

which has, or is likely to have, a significant adverse effect

on United States commerce.

(D)(i) Such country -

(I) has nationalized, expropriated, or otherwise seized

ownership or control of property, including patents,

trademarks, or copyrights, owned by a United States citizen

or by a corporation, partnership, or association which is 50

percent or more beneficially owned by United States citizens,

(II) has taken steps to repudiate or nullify an existing

contract or agreement with a United States citizen or a

corporation, partnership, or association which is 50 percent

or more beneficially owned by United States citizens, the

effect of which is to nationalize, expropriate, or otherwise

seize ownership or control of property, including patents,

trademarks, or copyrights, so owned, or

(III) has imposed or enforced taxes or other exactions,

restrictive maintenance or operational conditions, or other

measures with respect to property, including patents,

trademarks, or copyrights, so owned, the effect of which is

to nationalize, expropriate, or otherwise seize ownership or

control of such property,

unless clause (ii) applies.

(ii) This clause applies if the President determines that -

(I) prompt, adequate, and effective compensation has been

or is being made to the citizen, corporation, partnership, or

association referred to in clause (i),

(II) good faith negotiations to provide prompt, adequate,

and effective compensation under the applicable provisions of

international law are in progress, or the country described

in clause (i) is otherwise taking steps to discharge its

obligations under international law with respect to such

citizen, corporation, partnership, or association, or

(III) a dispute involving such citizen, corporation,

partnership, or association over compensation for such a

seizure has been submitted to arbitration under the

provisions of the Convention for the Settlement of Investment

Disputes, or in another mutually agreed upon forum,

and the President promptly furnishes a copy of such

determination to the Senate and House of Representatives.

(E) Such country fails to act in good faith in recognizing as

binding or in enforcing arbitral awards in favor of United

States citizens or a corporation, partnership, or association

which is 50 percent or more beneficially owned by United States

citizens, which have been made by arbitrators appointed for

each case or by permanent arbitral bodies to which the parties

involved have submitted their dispute.

(F) Such country aids or abets, by granting sanctuary from

prosecution to, any individual or group which has committed an

act of international terrorism or the Secretary of State makes

a determination with respect to such country under section

2405(j)(1)(A) of title 50, Appendix or such country has not

taken steps to support the efforts of the United States to

combat terrorism.

(G) Such country has not taken or is not taking steps to

afford internationally recognized worker rights to workers in

the country (including any designated zone in that country).

(H) Such country has not implemented its commitments to

eliminate the worst forms of child labor.

Subparagraphs (D), (E), (F), (G), and (H) (to the extent

described in section 2467(6)(D) of this title) shall not prevent

the designation of any country as a beneficiary developing

country under this subchapter if the President determines that

such designation will be in the national economic interest of the

United States and reports such determination to the Congress with

the reasons therefor.

(c) Factors affecting country designation

In determining whether to designate any country as a beneficiary

developing country under this subchapter, the President shall take

into account -

(1) an expression by such country of its desire to be so

designated;

(2) the level of economic development of such country,

including its per capita gross national product, the living

standards of its inhabitants, and any other economic factors

which the President deems appropriate;

(3) whether or not other major developed countries are

extending generalized preferential tariff treatment to such

country;

(4) the extent to which such country has assured the United

States that it will provide equitable and reasonable access to

the markets and basic commodity resources of such country and the

extent to which such country has assured the United States that

it will refrain from engaging in unreasonable export practices;

(5) the extent to which such country is providing adequate and

effective protection of intellectual property rights;

(6) the extent to which such country has taken action to -

(A) reduce trade distorting investment practices and policies

(including export performance requirements); and

(B) reduce or eliminate barriers to trade in services; and

(7) whether or not such country has taken or is taking steps to

afford to workers in that country (including any designated zone

in that country) internationally recognized worker rights.

(d) Withdrawal, suspension, or limitation of country designation

(1) In general

The President may withdraw, suspend, or limit the application

of the duty-free treatment accorded under this subchapter with

respect to any country. In taking any action under this

subsection, the President shall consider the factors set forth in

section 2461 of this title and subsection (c) of this section.

(2) Changed circumstances

The President shall, after complying with the requirements of

subsection (f)(2) of this section, withdraw or suspend the

designation of any country as a beneficiary developing country

if, after such designation, the President determines that as the

result of changed circumstances such country would be barred from

designation as a beneficiary developing country under subsection

(b)(2) of this section. Such country shall cease to be a

beneficiary developing country on the day on which the President

issues an Executive order or Presidential proclamation revoking

the designation of such country under this subchapter.

(3) Advice to Congress

The President shall, as necessary, advise the Congress on the

application of section 2461 of this title and subsection (c) of

this section, and the actions the President has taken to

withdraw, to suspend, or to limit the application of duty-free

treatment with respect to any country which has failed to

adequately take the actions described in subsection (c) of this

section.

(e) Mandatory graduation of beneficiary developing countries

If the President determines that a beneficiary developing country

has become a ''high income'' country, as defined by the official

statistics of the International Bank for Reconstruction and

Development, then the President shall terminate the designation of

such country as a beneficiary developing country for purposes of

this subchapter, effective on January 1 of the second year

following the year in which such determination is made.

(f) Congressional notification

(1) Notification of designation

(A) In general

Before the President designates any country as a beneficiary

developing country under this subchapter, the President shall

notify the Congress of the President's intention to make such

designation, together with the considerations entering into

such decision.

(B) Designation as least-developed beneficiary developing

country

At least 60 days before the President designates any country

as a least-developed beneficiary developing country, the

President shall notify the Congress of the President's

intention to make such designation.

(2) Notification of termination

If the President has designated any country as a beneficiary

developing country under this subchapter, the President shall not

terminate such designation unless, at least 60 days before such

termination, the President has notified the Congress and has

notified such country of the President's intention to terminate

such designation, together with the considerations entering into

such decision.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 502, as added Pub. L. 104-188, title

I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1917; amended Pub. L.

104-295, Sec. 35(a), Oct. 11, 1996, 110 Stat. 3538; Pub. L.

106-200, title IV, Sec. 412(a), May 18, 2000, 114 Stat. 298; Pub.

L. 107-210, div. D, title XLI, Sec. 4102(a), Aug. 6, 2002, 116

Stat. 1040.)

-MISC1-

PRIOR PROVISIONS

A prior section 2462, Pub. L. 93-618, title V, Sec. 502(a)-(c),

(e), Jan. 3, 1975, 88 Stat. 2066-2069; Pub. L. 94-455, title XVIII,

Sec. 1802, Oct. 4, 1976, 90 Stat. 1763; Pub. L. 96-39, title XI,

Sec. 1106(g)(1), (2), 1111(a)(1), (2), July 26, 1979, 93 Stat. 312,

313, 315; Pub. L. 98-573, title V, Sec. 503, Oct. 30, 1984, 98

Stat. 3019; Pub. L. 99-47, Sec. 8(b)(2), June 11, 1985, 99 Stat.

85; Pub. L. 99-514, title XVIII, Sec. 1887(a)(5), Oct. 22, 1986,

100 Stat. 2923; Pub. L. 99-570, title IX, Sec. 9002(a), Oct. 27,

1986, 100 Stat. 3207-166; Pub. L. 101-179, title III, Sec. 301,

Nov. 28, 1989, 103 Stat. 1311; Pub. L. 101-382, title I, Sec. 131,

Aug. 20, 1990, 104 Stat. 643; Pub. L. 103-66, title XIII, Sec.

13802(a), Aug. 10, 1993, 107 Stat. 667; Pub. L. 103-149, Sec.

4(b)(9), Nov. 23, 1993, 107 Stat. 1506, related to beneficiary

developing countries, prior to the general amendment of this

subchapter by Pub. L. 104-188.

AMENDMENTS

2002 - Subsec. (b)(2)(F). Pub. L. 107-210 inserted ''or such

country has not taken steps to support the efforts of the United

States to combat terrorism'' before period at end.

2000 - Subsec. (b)(2). Pub. L. 106-200, Sec. 412(a)(2), in

concluding provisions substituted ''(G), and (H) (to the extent

described in section 2467(6)(D) of this title)'' for ''and (G)''.

Subsec. (b)(2)(H). Pub. L. 106-200, Sec. 412(a)(1), added subpar.

(H).

1996 - Subsec. (b)(2)(F). Pub. L. 104-295, amended subpar. (F)

generally. Prior to amendment, subpar. (F) read as follows: ''Such

country aids or abets, by granting sanctuary from prosecution to,

any individual or group which has committed an act of international

terrorism.''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 35(b) of Pub. L. 104-295 provided that: ''The amendment

made by subsection (a) (amending this section) shall take effect on

October 1, 1996.''

-TRANS-

DELEGATION OF FUNCTIONS

Proc. No. 6942, Oct. 17, 1996, 61 F.R. 54719, provided in par.

(5) that powers of the President granted in subsec. (f)(2) of this

section to notify a country of the President's intention to

terminate that country's status as a beneficiary developing country

for purposes of the Generalized System of Preferences were

delegated to the United States Trade Representative.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2411, 2463, 2466a, 2467,

3331 of this title.

-CITE-

19 USC Sec. 2463 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

Sec. 2463. Designation of eligible articles

-STATUTE-

(a) Eligible articles

(1) Designation

(A) In general

Except as provided in subsection (b) of this section, the

President is authorized to designate articles as eligible

articles from all beneficiary developing countries for purposes

of this subchapter by Executive order or Presidential

proclamation after receiving the advice of the International

Trade Commission in accordance with subsection (e) of this

section.

(B) Least-developed beneficiary developing countries

Except for articles described in subparagraphs (A), (B), and

(E) of subsection (b)(1) of this section and articles described

in paragraphs (2) and (3) of subsection (b) of this section,

the President may, in carrying out section 2462(d)(1) of this

title and subsection (c)(1) of this section, designate articles

as eligible articles only for countries designated as

least-developed beneficiary developing countries under section

2462(a)(2) of this title if, after receiving the advice of the

International Trade Commission in accordance with subsection

(e) of this section, the President determines that such

articles are not import-sensitive in the context of imports

from least-developed beneficiary developing countries.

(C) Three-year rule

If, after receiving the advice of the International Trade

Commission under subsection (e) of this section, an article has

been formally considered for designation as an eligible article

under this subchapter and denied such designation, such article

may not be reconsidered for such designation for a period of 3

years after such denial.

(2) Rule of origin

(A) General rule

The duty-free treatment provided under this subchapter shall

apply to any eligible article which is the growth, product, or

manufacture of a beneficiary developing country if -

(i) that article is imported directly from a beneficiary

developing country into the customs territory of the United

States; and

(ii) the sum of -

(I) the cost or value of the materials produced in the

beneficiary developing country or any two or more such

countries that are members of the same association of

countries and are treated as one country under section

2467(2) of this title, plus

(II) the direct costs of processing operations performed

in such beneficiary developing country or such member

countries,

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

article at the time it is entered.

(B) Exclusions

An article shall not be treated as the growth, product, or

manufacture of a beneficiary developing country by virtue of

having merely undergone -

(i) simple combining or packaging operations, or

(ii) mere dilution with water or mere dilution with another

substance that does not materially alter the characteristics

of the article.

(3) Regulations

The Secretary of the Treasury, after consulting with the United

States Trade Representative, shall prescribe such regulations as

may be necessary to carry out paragraph (2), including, but not

limited to, regulations providing that, in order to be eligible

for duty-free treatment under this subchapter, an article -

(A) must be wholly the growth, product, or manufacture of a

beneficiary developing country, or

(B) must be a new or different article of commerce which has

been grown, produced, or manufactured in the beneficiary

developing country.

(b) Articles that may not be designated as eligible articles

(1) Import-sensitive articles

The President may not designate any article as an eligible

article under subsection (a) of this section if such article is

within one of the following categories of import-sensitive

articles:

(A) Textile and apparel articles which were not eligible

articles for purposes of this subchapter on January 1, 1994, as

this subchapter was in effect on such date.

(B) Watches, except those watches entered after June 30,

1989, that the President specifically determines, after public

notice and comment, will not cause material injury to watch or

watch band, strap, or bracelet manufacturing and assembly

operations in the United States or the United States insular

possessions.

(C) Import-sensitive electronic articles.

(D) Import-sensitive steel articles.

(E) Footwear, handbags, luggage, flat goods, work gloves, and

leather wearing apparel which were not eligible articles for

purposes of this subchapter on January 1, 1995, as this

subchapter was in effect on such date.

(F) Import-sensitive semimanufactured and manufactured glass

products.

(G) Any other articles which the President determines to be

import-sensitive in the context of the Generalized System of

Preferences.

(2) Articles against which other actions taken

An article shall not be an eligible article for purposes of

this subchapter for any period during which such article is the

subject of any action proclaimed pursuant to section 2253 of this

title or section 1862 or 1981 of this title.

(3) Agricultural products

No quantity of an agricultural product subject to a tariff-rate

quota that exceeds the in-quota quantity shall be eligible for

duty-free treatment under this subchapter.

(c) Withdrawal, suspension, or limitation of duty-free treatment;

competitive need limitation

(1) In general

The President may withdraw, suspend, or limit the application

of the duty-free treatment accorded under this subchapter with

respect to any article, except that no rate of duty may be

established with respect to any article pursuant to this

subsection other than the rate which would apply but for this

subchapter. In taking any action under this subsection, the

President shall consider the factors set forth in sections 2461

and 2462(c) of this title.

(2) Competitive need limitation

(A) Basis for withdrawal of duty-free treatment

(i) In general

Except as provided in clause (ii) and subject to subsection

(d) of this section, whenever the President determines that a

beneficiary developing country has exported (directly or

indirectly) to the United States during any calendar year

beginning after December 31, 1995 -

(I) a quantity of an eligible article having an appraised

value in excess of the applicable amount for the calendar

year, or

(II) a quantity of an eligible article equal to or

exceeding 50 percent of the appraised value of the total

imports of that article into the United States during any

calendar year,

the President shall, not later than July 1 of the next

calendar year, terminate the duty-free treatment for that

article from that beneficiary developing country.

(ii) Annual adjustment of applicable amount

For purposes of applying clause (i), the applicable amount

is -

(I) for 1996, $75,000,000, and

(II) for each calendar year thereafter, an amount equal

to the applicable amount in effect for the preceding

calendar year plus $5,000,000.

(B) ''Country'' defined

For purposes of this paragraph, the term ''country'' does not

include an association of countries which is treated as one

country under section 2467(2) of this title, but does include a

country which is a member of any such association.

(C) Redesignations

A country which is no longer treated as a beneficiary

developing country with respect to an eligible article by

reason of subparagraph (A) may, subject to the considerations

set forth in sections 2461 and 2462 of this title, be

redesignated a beneficiary developing country with respect to

such article if imports of such article from such country did

not exceed the limitations in subparagraph (A) during the

preceding calendar year.

(D) Least-developed beneficiary developing countries and

beneficiary sub-Saharan African countries

Subparagraph (A) shall not apply to any least-developed

beneficiary developing country or any beneficiary sub-Saharan

African country.

(E) Articles not produced in the United States excluded

Subparagraph (A)(i)(II) shall not apply with respect to any

eligible article if a like or directly competitive article was

not produced in the United States on January 1, 1995.

(F) De minimis waivers

(i) In general

The President may disregard subparagraph (A)(i)(II) with

respect to any eligible article from any beneficiary

developing country if the aggregate appraised value of the

imports of such article into the United States during the

preceding calendar year does not exceed the applicable amount

for such preceding calendar year.

(ii) Applicable amount

For purposes of applying clause (i), the applicable amount

is -

(I) for calendar year 1996, $13,000,000, and

(II) for each calendar year thereafter, an amount equal

to the applicable amount in effect for the preceding

calendar year plus $500,000.

(d) Waiver of competitive need limitation

(1) In general

The President may waive the application of subsection (c)(2) of

this section with respect to any eligible article of any

beneficiary developing country if, before July 1 of the calendar

year beginning after the calendar year for which a determination

described in subsection (c)(2)(A) of this section was made with

respect to such eligible article, the President -

(A) receives the advice of the International Trade Commission

under section 1332 of this title on whether any industry in the

United States is likely to be adversely affected by such

waiver,

(B) determines, based on the considerations described in

sections 2461 and 2462(c) of this title and the advice

described in subparagraph (A), that such waiver is in the

national economic interest of the United States, and

(C) publishes the determination described in subparagraph (B)

in the Federal Register.

(2) Considerations by the President

In making any determination under paragraph (1), the President

shall give great weight to -

(A) the extent to which the beneficiary developing country

has assured the United States that such country will provide

equitable and reasonable access to the markets and basic

commodity resources of such country, and

(B) the extent to which such country provides adequate and

effective protection of intellectual property rights.

(3) Other bases for waiver

The President may waive the application of subsection (c)(2) of

this section if, before July 1 of the calendar year beginning

after the calendar year for which a determination described in

subsection (c)(2) of this section was made with respect to a

beneficiary developing country, the President determines that -

(A) there has been a historical preferential trade

relationship between the United States and such country,

(B) there is a treaty or trade agreement in force covering

economic relations between such country and the United States,

and

(C) such country does not discriminate against, or impose

unjustifiable or unreasonable barriers to, United States

commerce,

and the President publishes that determination in the Federal

Register.

(4) Limitations on waivers

(A) In general

The President may not exercise the waiver authority under

this subsection with respect to a quantity of an eligible

article entered during any calendar year beginning after 1995,

the aggregate appraised value of which equals or exceeds 30

percent of the aggregate appraised value of all articles that

entered duty-free under this subchapter during the preceding

calendar year.

(B) Other waiver limits

The President may not exercise the waiver authority provided

under this subsection with respect to a quantity of an eligible

article entered during any calendar year beginning after 1995,

the aggregate appraised value of which exceeds 15 percent of

the aggregate appraised value of all articles that have entered

duty-free under this subchapter during the preceding calendar

year from those beneficiary developing countries which for the

preceding calendar year -

(i) had a per capita gross national product (calculated on

the basis of the best available information, including that

of the International Bank for Reconstruction and Development)

of $5,000 or more; or

(ii) had exported (either directly or indirectly) to the

United States a quantity of articles that was duty-free under

this subchapter that had an aggregate appraised value of more

than 10 percent of the aggregate appraised value of all

articles that entered duty-free under this subchapter during

that year.

(C) Calculation of limitations

There shall be counted against the limitations imposed under

subparagraphs (A) and (B) for any calendar year only that value

of any eligible article of any country that -

(i) entered duty-free under this subchapter during such

calendar year; and

(ii) is in excess of the value of that article that would

have been so entered during such calendar year if the

limitations under subsection (c)(2)(A) of this section

applied.

(5) Effective period of waiver

Any waiver granted under this subsection shall remain in effect

until the President determines that such waiver is no longer

warranted due to changed circumstances.

(e) International Trade Commission advice

Before designating articles as eligible articles under subsection

(a)(1) of this section, the President shall publish and furnish the

International Trade Commission with lists of articles which may be

considered for designation as eligible articles for purposes of

this subchapter. The provisions of sections 2151, 2152, 2153, and

2154 of this title shall be complied with as though action under

section 2461 of this title and this section were action under

section 2133 of this title to carry out a trade agreement entered

into under section 2133 of this title.

(f) Special rule concerning Puerto Rico

No action under this subchapter may affect any tariff duty

imposed by the Legislature of Puerto Rico pursuant to section 1319

of this title on coffee imported into Puerto Rico.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 503, as added Pub. L. 104-188, title

I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1921; amended Pub. L.

106-36, title I, Sec. 1001(a)(7), June 25, 1999, 113 Stat. 130;

Pub. L. 106-200, title I, Sec. 111(b), May 18, 2000, 114 Stat.

258.)

-MISC1-

PRIOR PROVISIONS

A prior section 2463, Pub. L. 93-618, title V, Sec. 503, Jan. 3,

1975, 88 Stat. 2069; Pub. L. 96-39, title XI, Sec. 1111(a)(3), July

26, 1979, 93 Stat. 315; Pub. L. 98-573, title V, Sec. 504, Oct. 30,

1984, 98 Stat. 3020; Pub. L. 99-47, Sec. 8(b)(2), June 11, 1985, 99

Stat. 85; Pub. L. 99-514, title XVIII, Sec. 1889(7), Oct. 22, 1986,

100 Stat. 2926; Pub. L. 100-418, title I, Sec. 1903, Aug. 23, 1988,

102 Stat. 1313; Pub. L. 101-382, title II, Sec. 226, Aug. 20, 1990,

104 Stat. 660; Pub. L. 103-465, title IV, Sec. 404(e)(3), Dec. 8,

1994, 108 Stat. 4961, related to eligible articles, prior to the

general amendment of this subchapter by Pub. L. 104-188.

AMENDMENTS

2000 - Subsec. (c)(2)(D). Pub. L. 106-200 amended heading and

text of subpar. (D) generally. Prior to amendment, text read as

follows: ''Subparagraph (A) shall not apply to any least-developed

beneficiary developing country.''

1999 - Subsec. (a)(2)(A)(ii). Pub. L. 106-36 added subcl. (II)

and concluding provisions and struck out former subcl. (II) which

read as follows: ''the direct costs of processing operations

performed in such beneficiary developing country or such member

countries, is not less than 35 percent of the appraised value of

such article at the time it is entered.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2466a, 3011 of this

title; title 7 sections 7236, 7937.

-CITE-

19 USC Sec. 2464 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

Sec. 2464. Review and report to Congress

-STATUTE-

The President shall submit an annual report to the Congress on

the status of internationally recognized worker rights within each

beneficiary developing country, including the findings of the

Secretary of Labor with respect to the beneficiary country's

implementation of its international commitments to eliminate the

worst forms of child labor.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 504, as added Pub. L. 104-188, title

I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1925; amended Pub. L.

106-200, title IV, Sec. 412(c), May 18, 2000, 114 Stat. 299.)

-MISC1-

PRIOR PROVISIONS

A prior section 2464, Pub. L. 93-618, title V, Sec. 504, Jan. 3,

1975, 88 Stat. 2070; Pub. L. 96-39, title XI, Sec. 1106(g)(3),

1111(a)(4), July 26, 1979, 93 Stat. 313, 315; Pub. L. 98-573, title

V, Sec. 505, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99-47, Sec.

8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99-514, title XVIII,

Sec. 1887(a)(6), Oct. 22, 1986, 100 Stat. 2923, related to

limitations on preferential treatment, prior to the general

amendment of this subchapter by Pub. L. 104-188.

AMENDMENTS

2000 - Pub. L. 106-200 inserted before period at end '',

including the findings of the Secretary of Labor with respect to

the beneficiary country's implementation of its international

commitments to eliminate the worst forms of child labor''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3011 of this title; title

22 section 2191a.

-CITE-

19 USC Sec. 2465 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

Sec. 2465. Date of termination

-STATUTE-

No duty-free treatment provided under this subchapter shall

remain in effect after December 31, 2006.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 505, as added Pub. L. 104-188, title

I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1925; amended Pub. L.

105-34, title IX, Sec. 981(a), Aug. 5, 1997, 111 Stat. 902; Pub. L.

105-277, div. J, title I, Sec. 1011(a), Oct. 21, 1998, 112 Stat.

2681-900; Pub. L. 106-170, title V, Sec. 508(a), Dec. 17, 1999, 113

Stat. 1923; Pub. L. 107-210, div. D, title XLI, Sec. 4101(a), Aug.

6, 2002, 116 Stat. 1040.)

-MISC1-

PRIOR PROVISIONS

A prior section 2465, Pub. L. 93-618, title V, Sec. 505, Jan. 3,

1975, 88 Stat. 2071; Pub. L. 98-573, title V, Sec. 506(a), Oct. 30,

1984, 98 Stat. 3023; Pub. L. 103-66, title XIII, Sec. 13802(b)(1),

Aug. 10, 1993, 107 Stat. 667; Pub. L. 103-465, title VI, Sec.

601(a), Dec. 8, 1994, 108 Stat. 4990, related to termination of

duty-free treatment and reports, prior to the general amendment of

this subchapter by Pub. L. 104-188.

AMENDMENTS

2002 - Pub. L. 107-210 substituted ''December 31, 2006'' for

''September 30, 2001''.

1999 - Pub. L. 106-170 substituted ''September 30, 2001'' for

''June 30, 1999''.

1998 - Pub. L. 105-277 substituted ''June 30, 1999'' for ''June

30, 1998''.

1997 - Pub. L. 105-34 substituted ''June 30, 1998'' for ''May 31,

1997''.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-170, title V, Sec. 508(b), Dec. 17, 1999, 113 Stat.

1923, provided that:

''(1) In general. - The amendment made by this section (amending

this section) applies to articles entered on or after the date of

the enactment of this Act (Dec. 17, 1999).

''(2) Retroactive application for certain liquidations and

reliquidations. -

''(A) General rule. - Notwithstanding section 514 of the Tariff

Act of 1930 (19 U.S.C. 1514) or any other provision of law, and

subject to paragraph (3), any entry -

''(i) of an article to which duty-free treatment under title

V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have

applied if such entry had been made on July 1, 1999, and such

title had been in effect on July 1, 1999; and

''(ii) that was made -

''(I) after June 30, 1999; and

''(II) before the date of the enactment of this Act (Dec.

17, 1999),

shall be liquidated or reliquidated as free of duty, and the

Secretary of the Treasury shall refund any duty paid with respect

to such entry.

''(B) Entry. - As used in this paragraph, the term 'entry'

includes a withdrawal from warehouse for consumption.

''(3) Requests. - Liquidation or reliquidation may be made under

paragraph (2) with respect to an entry only if a request therefore

is filed with the Customs Service, within 180 days after the date

of the enactment of this Act (Dec. 17, 1999), that contains

sufficient information to enable the Customs Service -

''(A) to locate the entry; or

''(B) to reconstruct the entry if it cannot be located.''

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-277, div. J, title I, Sec. 1011(b), Oct. 21, 1998,

112 Stat. 2681-900, provided that:

''(1) In general. - The amendments made by this section (amending

this section) apply to articles entered on or after the date of the

enactment of this Act (Oct. 21, 1998).

''(2) Retroactive application for certain liquidations and

reliquidations. -

''(A) General rule. - Notwithstanding section 514 of the Tariff

Act of 1930 (19 U.S.C. 1514) or any other provision of law, and

subject to paragraph (3), any entry -

''(i) of an article to which duty-free treatment under title

V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have

applied if such entry had been made on July 1, 1998, and such

title had been in effect on July 1, 1998, and

''(ii) that was made -

''(I) after June 30, 1998, and

''(II) before the date of enactment of this Act,

shall be liquidated or reliquidated as free of duty, and the

Secretary of the Treasury shall refund any duty paid with respect

to such entry.

''(B) Entry. - As used in this paragraph, the term 'entry'

includes a withdrawal from warehouse for consumption.

''(3) Requests. - Liquidation or reliquidation may be made under

paragraph (2) with respect to an entry only if a request therefor

is filed with the Customs Service, within 180 days after the date

of enactment of this Act, that contains sufficient information to

enable the Customs Service -

''(A) to locate the entry; or

''(B) to reconstruct the entry if it cannot be located.''

RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS

Pub. L. 107-210, div. D, title XLI, Sec. 4101(b), Aug. 6, 2002,

116 Stat. 1040, provided that:

''(1) In general. - Notwithstanding section 514 of the Tariff Act

of 1930 (19 U.S.C. 1514) or any other provision of law, and subject

to paragraph (2), the entry -

''(A) of any article to which duty-free treatment under title V

of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) would have

applied if the entry had been made on September 30, 2001,

''(B) that was made after September 30, 2001, and before the

date of the enactment of this Act (Aug. 6, 2002), and

''(C) to which duty-free treatment under title V of that Act

did not apply,

shall be liquidated or reliquidated as free of duty, and the

Secretary of the Treasury shall refund any duty paid with respect

to such entry.

''(2) Requests. - Liquidation or reliquidation may be made

under paragraph (1) with respect to an entry only if a request

therefor is filed with the Customs Service, within 180 days after

the date of the enactment of this Act, that contains sufficient

information to enable the Customs Service -

''(A) to locate the entry; or

''(B) to reconstruct the entry if it cannot be located.

''(3) Definition. - As used in this subsection, the term

'entry' includes a withdrawal from warehouse for consumption.''

(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.)

Pub. L. 105-34, title IX, Sec. 981(b), Aug. 5, 1997, 111 Stat.

902, provided that the entry of any article to which duty-free

treatment under this subchapter would have applied if the entry had

been made on May 31, 1997, and that was made after May 31, 1997,

and before Aug. 5, 1997, would be liquidated or reliquidated as

free of duty, and the Secretary of the Treasury would refund any

duty paid with respect to such entry, only if a request therefor

was filed with the Customs Service, within 180 days after Aug. 5,

1997, that contained sufficient information to enable the Customs

Service to locate the entry, or to reconstruct the entry if it

could not be located.

Pub. L. 103-465, title VI, Sec. 601(b), Dec. 8, 1994, 108 Stat.

4991, as amended by Pub. L. 104-295, Sec. 20(f)(2), Oct. 11, 1996,

110 Stat. 3529, provided that the entry of any article to which

duty-free treatment under this subchapter would have applied if the

entry had been made on Sept. 30, 1994, and that was made after

Sept. 30, 1994, and before Dec. 8, 1994, would be liquidated or

reliquidated as free of duty, and the Secretary of the Treasury

would refund any duty paid with respect to such entry, only if a

request therefor was filed with the Customs Service, within 180

days after Dec. 8, 1994, that contained sufficient information to

enable the Customs Service to locate the entry, or to reconstruct

the entry if it could not be located.

Pub. L. 103-66, title XIII, Sec. 13802(b)(2), Aug. 10, 1993, 107

Stat. 667, provided that, upon proper request filed with the

appropriate customs officer within 180 days after Aug. 10, 1993,

the entry of any article to which duty-free treatment under this

subchapter would have applied if the entry had been made on July 4,

1993, and that was made after July 4, 1993, and before Aug. 10,

1993, would be liquidated or reliquidated as free of duty, and the

Secretary of the Treasury would refund any duty paid with respect

to such entry.

-CITE-

19 USC Sec. 2466 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

Sec. 2466. Agricultural exports of beneficiary developing countries

-STATUTE-

The appropriate agencies of the United States shall assist

beneficiary developing countries to develop and implement measures

designed to assure that the agricultural sectors of their economies

are not directed to export markets to the detriment of the

production of foodstuffs for their citizenry.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 506, as added Pub. L. 104-188, title

I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1925.)

-MISC1-

PRIOR PROVISIONS

A prior section 2466, Pub. L. 93-618, title V, Sec. 506, as added

Pub. L. 98-573, title V, Sec. 507(a), Oct. 30, 1984, 98 Stat. 3023,

related to agricultural exports of beneficiary developing

countries, prior to the general amendment of this subchapter by

Pub. L. 104-188.

-CITE-

19 USC Sec. 2466a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

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

certain benefits

-STATUTE-

(a) Authority to designate

(1) In general

Notwithstanding any other provision of law, the President is

authorized to designate a country listed in section 3706 of this

title as a beneficiary sub-Saharan African country eligible for

the benefits described in subsection (b) of this section -

(A) if the President determines that the country meets the

eligibility requirements set forth in section 3703 of this

title, as such requirements are in effect on May 18, 2000; and

(B) subject to the authority granted to the President under

subsections (a), (d), and (e) of section 2462 of this title, if

the country otherwise meets the eligibility criteria set forth

in section 2462 of this title.

(2) Monitoring and review of certain countries

The President shall monitor, review, and report to Congress

annually on the progress of each country listed in section 3706

of this title in meeting the requirements described in paragraph

(1) in order to determine the current or potential eligibility of

each country to be designated as a beneficiary sub-Saharan

African country for purposes of this section. The President's

determinations, and explanations of such determinations, with

specific analysis of the eligibility requirements described in

paragraph (1)(A), shall be included in the annual report required

by section 3705 of this title.

(3) Continuing compliance

If the President determines that a beneficiary sub-Saharan

African country is not making continual progress in meeting the

requirements described in paragraph (1), the President shall

terminate the designation of that country as a beneficiary

sub-Saharan African country for purposes of this section,

effective on January 1 of the year following the year in which

such determination is made.

(b) Preferential tariff treatment for certain articles

(1) In general

The President may provide duty-free treatment for any article

described in section 2463(b)(1)(B) through (G) of this title that

is the growth, product, or manufacture of a beneficiary

sub-Saharan African country described in subsection (a) of this

section, if, after receiving the advice of the International

Trade Commission in accordance with section 2463(e) of this

title, the President determines that such article is not

import-sensitive in the context of imports from beneficiary

sub-Saharan African countries.

(2) Rules of origin

The duty-free treatment provided under paragraph (1) shall

apply to any article described in that paragraph that meets the

requirements of section 2463(a)(2) of this title, except that -

(A) if the cost or value of materials produced in the customs

territory of the United States is included with respect to that

article, an amount not to exceed 15 percent of the appraised

value of the article at the time it is entered that is

attributed to such United States cost or value may be applied

toward determining the percentage referred to in subparagraph

(A) of section 2463(a)(2) of this title; and

(B) the cost or value of the materials included with respect

to that article that are produced in one or more beneficiary

sub-Saharan African countries shall be applied in determining

such percentage.

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

For purposes of this subchapter, the terms ''beneficiary

sub-Saharan African country'' and ''beneficiary sub-Saharan African

countries'' mean a country or countries listed in section 3706 of

this title that the President has determined is eligible under

subsection (a) of this section.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 506A, as added Pub. L. 106-200,

title I, Sec. 111(a), May 18, 2000, 114 Stat. 257.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2466b, 3721 of this

title.

-CITE-

19 USC Sec. 2466b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

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

countries

-STATUTE-

In the case of a beneficiary sub-Saharan African country, as

defined in section 2466a(c) of this title, duty-free treatment

provided under this subchapter shall remain in effect through

September 30, 2008.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 506B, as added Pub. L. 106-200,

title I, Sec. 114, May 18, 2000, 114 Stat. 266.)

-CITE-

19 USC Sec. 2467 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-

Sec. 2467. Definitions

-STATUTE-

For purposes of this subchapter:

(1) Beneficiary developing country

The term ''beneficiary developing country'' means any country

with respect to which there is in effect an Executive order or

Presidential proclamation by the President designating such

country as a beneficiary developing country for purposes of this

subchapter.

(2) Country

The term ''country'' means any foreign country or territory,

including any overseas dependent territory or possession of a

foreign country, or the Trust Territory of the Pacific Islands.

In the case of an association of countries which is a free trade

area or customs union, or which is contributing to comprehensive

regional economic integration among its members through

appropriate means, including, but not limited to, the reduction

of duties, the President may by Executive order or Presidential

proclamation provide that all members of such association other

than members which are barred from designation under section

2462(b) of this title shall be treated as one country for

purposes of this subchapter.

(3) Entered

The term ''entered'' means entered, or withdrawn from warehouse

for consumption, in the customs territory of the United States.

(4) Internationally recognized worker rights

The term ''internationally recognized worker rights'' includes

-

(A) the right of association;

(B) the right to organize and bargain collectively;

(C) a prohibition on the use of any form of forced or

compulsory labor;

(D) a minimum age for the employment of children, and a

prohibition on the worst forms of child labor, as defined in

paragraph (6); and

(E) acceptable conditions of work with respect to minimum

wages, hours of work, and occupational safety and health.

(5) Least-developed beneficiary developing country

The term ''least-developed beneficiary developing country''

means a beneficiary developing country that is designated as a

least-developed beneficiary developing country under section

2462(a)(2) of this title.

(6) Worst forms of child labor

The term ''worst forms of child labor'' means -

(A) all forms of slavery or practices similar to slavery,

such as the sale or trafficking of children, debt bondage and

serfdom, or forced or compulsory labor, including forced or

compulsory recruitment of children for use in armed conflict;

(B) the use, procuring, or offering of a child for

prostitution, for the production of pornography or for

pornographic purposes;

(C) the use, procuring, or offering of a child for illicit

activities in particular for the production and trafficking of

drugs; and

(D) work which, by its nature or the circumstances in which

it is carried out, is likely to harm the health, safety, or

morals of children.

The work referred to in subparagraph (D) shall be determined by

the laws, regulations, or competent authority of the beneficiary

developing country involved.

-SOURCE-

(Pub. L. 93-618, title V, Sec. 507, as added Pub. L. 104-188, title

I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1926; amended Pub. L.

106-200, title IV, Sec. 412(b), May 18, 2000, 114 Stat. 298; Pub.

L. 107-210, div. D, title XLI, Sec. 4102(b), Aug. 6, 2002, 116

Stat. 1041.)

-MISC1-

AMENDMENTS

2002 - Par. (4)(D). Pub. L. 107-210 amended subpar. (D)

generally. Prior to amendment, subpar. (D) read as follows: ''a

minimum age for the employment of children; and''.

2000 - Par. (6). Pub. L. 106-200 added par. (6).

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2462, 2463, 2702, 2703,

3202, 3203, 3551 of this title; title 22 sections 262p-4p, 2191a,

6903.

-CITE-

19 USC SUBCHAPTER VI - GENERAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

.

-HEAD-

SUBCHAPTER VI - GENERAL PROVISIONS

-CITE-

19 USC Sec. 2481 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-

Sec. 2481. Definitions

-STATUTE-

For purposes of this chapter -

(1) The term ''duty'' includes the rate and form of any import

duty, including but not limited to tariff-rate quotas.

(2) The term ''other import restriction'' includes a

limitation, prohibition, charge, or exaction other than duty,

imposed on importation or imposed for the regulation of

importation. The term does not include any orderly marketing

agreement.

(3) The term ''ad valorem'' includes ad valorem equivalent.

Whenever any limitation on the amount by which or to which any

rate of duty may be decreased or increased pursuant to a trade

agreement is expressed in terms of an ad valorem percentage, the

ad valorem amount taken into account for purposes of such

limitation shall be determined by the President on the basis of

the value of imports of the articles concerned during the most

recent representative period.

(4) The term ''ad valorem equivalent'' means the ad valorem

equivalent of a specific rate or, in the case of a combination of

rates including a specific rate, the sum of the ad valorem

equivalent of the specific rate and of the ad valorem rate. The

ad valorem equivalent shall be determined by the President on the

basis of the value of imports of the article concerned during the

most recent representative period. In determining the value of

imports, the President shall utilize, to the maximum extent

practicable, the standards of valuation contained in section

1401a or 1402 (FOOTNOTE 1) of this title (as in effect before the

effective date of the amendments made by title II of the Trade

Agreements Act of 1979) or in section 1401a of this title (as in

effect on the effective date of such title II amendments)

whichever is applicable to the article concerned during such

representative period.

(FOOTNOTE 1) See References in Text note below.

(5) An imported article is ''directly competitive with'' a

domestic article at an earlier or later stage of processing, and

a domestic article is ''directly competitive with'' an imported

article at an earlier or later stage of processing, if the

importation of the article has an economic effect on producers of

the domestic article comparable to the effect of importation of

articles in the same stage of processing as the domestic

article. For purposes of this paragraph, the unprocessed article

is at an earlier stage of processing.

(6) The term ''modification'', as applied to any duty or other

import restriction, includes the elimination of any duty or other

import restriction.

(7) The term ''existing'' means (A) when used, without the

specification of any date, with respect to any matter relating to

entering into or carrying out a trade agreement or other action

authorized by this chapter, existing on the day on which such

trade agreement is entered into or such other action is taken;

and (B) when used with respect to a rate of duty, the

nonpreferential rate of duty (however established, and even

though temporarily suspended by Act of Congress or otherwise) set

forth in rate column numbered 1 of chapters 1 through 97 of the

Harmonized Tariff Schedule of the United States on the date

specified or (if no date is specified) on the day referred to in

clause (A).

(8) A product of a country or area is an article which is the

growth, produce, or manufacture of such country or area.

(9) The term ''nondiscriminatory treatment'' means trade

treatment based on normal trade relations (known under

international law as most-favored-nation treatment).

(10) The term ''commerce'' includes services associated with

international trade.

-SOURCE-

(Pub. L. 93-618, title VI, Sec. 601, Jan. 3, 1975, 88 Stat. 2071;

Pub. L. 96-39, title II, Sec. 202(c)(1), title XI, Sec. 1106(h)(1),

July 26, 1979, 93 Stat. 202, 313; Pub. L. 100-418, title I, Sec.

1214(j)(5), Aug. 23, 1988, 102 Stat. 1158; Pub. L. 105-206, title

V, Sec. 5003(b)(2)(B), July 22, 1998, 112 Stat. 789.)

-REFTEXT-

REFERENCES IN TEXT

Section 1402 of this title, referred to in par. (4), was repealed

by Pub. L. 96-39, title II, Sec. 201(b), July 26, 1979, 93 Stat.

201.

The effective date of the amendments made by title II of the

Trade Agreements Act of 1979, referred to in par. (4), is July 1,

1980. See section 204(a) of Pub. L. 96-39, set out as an Effective

Date of 1979 Amendment note under section 1401a of this title.

The Harmonized Tariff Schedule of the United States, referred to

in par. (7), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

AMENDMENTS

1998 - Par. (9). Pub. L. 105-206 substituted ''trade treatment

based on normal trade relations (known under international law as

most-favored-nation treatment)'' for ''most-favored-nation

treatment''.

1988 - Par. (7). Pub. L. 100-418 substituted ''chapters 1 through

97 of the Harmonized Tariff Schedule of the United States'' for

''schedules 1 through 7 of the Tariff Schedules of the United

States''.

1979 - Par. (2). Pub. L. 96-39, Sec. 1106(h)(1), substituted ''or

exaction'' for ''and exaction''.

Par. (4). Pub. L. 96-39, Sec. 202(c)(1), substituted ''section

1401a or 1402 of this title (as in effect before the effective date

of the amendments made by title II of the Trade Agreements Act of

1979) or in sections 1401a of this title (as in effect on the

effective date of such title II amendments) whichever is

applicable'' for ''section 1401a or 1402 of this title

applicable''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by section 202(c)(1) of Pub. L. 96-39 effective July 1,

1980, see section 204(a) of Pub. L. 96-39, set out as a note under

section 1401a of this title.

Amendment by section 1106(h)(1) 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.

SAVINGS PROVISION

Pub. L. 105-206, title V, Sec. 5003(c), July 22, 1998, 112 Stat.

790, provided that: ''Nothing in this section (amending this

section, sections 1881, 2432, 3332 and 3555 of this title, and

sections 5401 and 5713 of Title 22, Foreign Relations and

Intercourse, enacting provisions set out as notes under this

section, and amending provisions set out as a note under section

2112 of this title) shall affect the meaning of any provision of

law, Executive order, Presidential proclamation, rule, regulation,

delegation of authority, other document, or treaty or other

international agreement of the United States relating to the

principle of 'most-favored-nation' (or 'most favored nation')

treatment. Any Executive order, Presidential proclamation, rule,

regulation, delegation of authority, other document, or treaty or

other international agreement of the United States that has been

issued, made, granted, or allowed to become effective and that is

in effect on the effective date of this Act (July 22, 1998), or was

to become effective on or after the effective date of this Act,

shall continue in effect according to its terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law.''

CLARIFICATION OF DESIGNATION OF NORMAL TRADE RELATIONS

Pub. L. 105-206, title V, Sec. 5003(a), July 22, 1998, 112 Stat.

789, provided that:

''(1) Findings. - The Congress makes the following findings:

''(A) Since the 18th century, the principle of

nondiscrimination among countries with which the United States

has trade relations, commonly referred to as

'most-favored-nation' treatment, has been a cornerstone of United

States trade policy.

''(B) Although the principle remains firmly in place as a

fundamental concept in United States trade relations, the term

'most-favored-nation' is a misnomer which has led to public

misunderstanding.

''(C) It is neither the purpose nor the effect of the

most-favored-nation principle to treat any country as 'most

favored'. To the contrary, the principle reflects the intention

to confer on a country the same trade benefits that are conferred

on any other country, that is, the intention not to discriminate

among trading partners.

''(D) The term 'normal trade relations' is a more accurate

description of the principle of nondiscrimination as it applies

to the tariffs applicable generally to imports from United States

trading partners, that is, the general rates of duty set forth in

column 1 of the Harmonized Tariff Schedule of the United States.

''(2) Policy. - It is the sense of the Congress that -

''(A) the language used in United States laws, treaties,

agreements, executive orders, directives, and regulations should

more clearly and accurately reflect the underlying principles of

United States trade policy; and

''(B) accordingly, the term 'normal trade relations' should,

where appropriate, be substituted for the term

'most-favored-nation'.''

-CITE-

19 USC Sec. 2482 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-

Sec. 2482. Exercise of functions of International Trade Commission

-STATUTE-

(a) Preliminary investigation

In order to expedite the performance of its functions under this

chapter, the International Trade Commission may conduct preliminary

investigations, determine the scope and manner of its proceedings,

and consolidate proceedings before it.

(b) Use of authority granted under other provisions

In performing its functions under this chapter, the Commission

may exercise any authority granted to it under any other Act.

(c) Gathering of current information

The Commission shall at all times keep informed concerning the

operation and effect of provisions relating to duties or other

import restrictions of the United States contained in trade

agreements entered into under the trade agreements program.

-SOURCE-

(Pub. L. 93-618, title VI, Sec. 603, Jan. 3, 1975, 88 Stat. 2073.)

-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.

-CITE-

19 USC Sec. 2483 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-

Sec. 2483. Consequential changes in Tariff Schedules of the United

States

-STATUTE-

The President shall from time to time, as appropriate, embody in

the Harmonized Tariff Schedule of the United States the substance

of the relevant provisions of this chapter, and of other Acts

affecting import treatment, and actions thereunder, including

removal, modification, continuance, or imposition of any rate of

duty or other import restriction.

-SOURCE-

(Pub. L. 93-618, title VI, Sec. 604, Jan. 3, 1975, 88 Stat. 2073;

Pub. L. 100-418, title I, Sec. 1213(a), 1214(j)(4), Aug. 23, 1988,

102 Stat. 1155, 1158.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in text, is not set out in the Code. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of this title.

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-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''Harmonized Tariff Schedule

of the United States'' for ''Tariff Schedules of the United

States'' and inserted ''removal,'' after ''including''.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under this section to embody

rectifications, technical or conforming changes, or similar

modifications in the Harmonized Tariff Schedule delegated to the

United States Trade Representative by par. (4) of Proc. No. 6969,

Jan. 27, 1997, 62 F.R. 4417.

-EXEC-

PROC. NO. 6914. TO MODIFY THE ALLOCATION OF TARIFF-RATE QUOTAS FOR

CERTAIN CHEESES

Proc. No. 6914, Aug. 26, 1996, 61 F.R. 45851, provided:

1. On January 1, 1995, Austria, Finland, and Sweden acceded to

the European Communities (EC), and the EC customs union of 12

member countries (''EC-12'') was enlarged to a customs union of 15

member countries (''EC-15''). At that time, the EC-12, Austria,

Finland, and Sweden withdrew their tariff schedules under the World

Trade Organization and applied the common external tariff of the

EC-12 to imports into the EC-15. The United States and the EC then

entered into negotiations under Article XXIV:6 and Article XXVIII

of the General Agreement on Tariffs and Trade 1994 to compensate

the United States for the resulting increase in some tariffs on

U.S. exports to Austria, Finland, and Sweden.

2. On July 22, 1996, the United States and the EC signed an

agreement concluding the negotiations on compensation. To

recognize the membership of Austria, Finland, and Sweden in the

EC-15, the tariff-rate quota (TRQ) allocations for cheeses from

these countries will become part of the total TRQ allocations for

cheeses from the EC-15, but will be reserved for use by these

countries through 1997.

3. Section 404(d)(3) of the Uruguay Round Agreements Act (URAA)

(19 U.S.C. 3601(d)(3)) authorizes the President to allocate the

in-quota quantity of a tariff-rate quota for any agricultural

product among supplying countries or customs areas and to modify

any allocation as the President determines appropriate. Pursuant

to section 404(d)(3) of the URAA, I have determined that it is

appropriate to modify the TRQ allocations for cheeses by providing

that the TRQ allocations for cheeses from Austria, Finland, and

Sweden will become part of the total TRQ allocations for cheeses

from the EC-15, but will be reserved for use by these countries

through 1997.

4. Section 604 of the Trade Act of 1974, as amended (''Trade

Act'') (19 U.S.C. 2483), authorizes the President to embody in the

Harmonized Tariff Schedule of the United States (HTS) the substance

of the relevant provisions of that Act, and of other Acts affecting

import treatment, and actions thereunder, including the removal,

modification, continuance, or imposition of any rate of duty or

other import restriction. The modification of the TRQ allocations

for cheeses is such an action.

5. In paragraph (3) of Proclamation 6763 of December 23, 1994, I

delegated my authority under section 404(d)(3) of the Trade Act

(probably means section 404(d)(3) of the URAA, 19 U.S.C.

3601(d)(3)) to the United States Trade Representative (USTR). I

have determined that it is appropriate to authorize the USTR to

exercise my authority under section 604 of the Trade Act (19 U.S.C.

2483) to embody in the HTS the substance of any action taken by the

USTR under section 404(d)(3) of the URAA.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to section 301 of title 3, United States Code, section

404(d)(3) of the URAA, and section 604 of the Trade Act do proclaim

that:

(1) Additional U.S. notes to chapter 4 of the HTS are modified as

specified in the Annex to this proclamation.

(2) The USTR is authorized to exercise my authority under section

604 of the Trade Act (19 U.S.C. 2483) to embody in the HTS the

substance of any actions taken by USTR under section 404(d)(3) of

the URAA (19 U.S.C. 3601(d)(3)).

(3) Any provisions of previous proclamations and Executive orders

that are inconsistent with the actions taken in this proclamation

are superseded to the extent of such inconsistency.

(4) This proclamation is effective on the date of signature of

this proclamation, and the modifications to the HTS made by the

Annex to this proclamation shall be effective on the dates that are

specified in that Annex.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth

day of August, in the year of our Lord nineteen hundred and

ninety-six, and of the Independence of the United States of America

the two hundred and twenty-first. William J. Clinton.

ANNEX

The Annex of Proclamation 6914, which amended the Harmonized

Tariff Schedule of the United States, is not set out under this

section because 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3004 of this title.

-CITE-

19 USC Sec. 2484 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-

Sec. 2484. International drug control

-STATUTE-

The President shall submit a report to Congress at least once

each calendar year listing those foreign countries in which

narcotic drugs and other controlled substances (as listed under

section 812 of title 21) are produced, processed, or transported

for unlawful entry into the United States. Such report shall

include a description of the measures such countries are taking to

prevent such production, processing, or transport.

-SOURCE-

(Pub. L. 93-618, title VI, Sec. 606, Jan. 3, 1975, 88 Stat. 2073.)

-CITE-

19 USC Sec. 2485 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-

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

States

-STATUTE-

No person shall be liable for damages, penalties, or other

sanctions under the Federal Trade Commission Act (15 U.S.C. 41 et

seq.) or the Antitrust Acts (as defined in section 4 of the Federal

Trade Commission Act (15 U.S.C. 44)), or under any similar State

law, on account of his negotiating, entering into, participating

in, or implementing an arrangement providing for the voluntary

limitation on exports of steel and steel products to the United

States, or any modification or renewal of such an arrangement, if

such arrangement or such modification or renewal -

(1) was undertaken prior to January 3, 1975, at the request of

the Secretary of State or his delegate, and

(2) ceases to be effective not later than January 1, 1975.

-SOURCE-

(Pub. L. 93-618, title VI, Sec. 607, Jan. 3, 1975, 88 Stat. 2073.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Trade Commission Act, referred to in text, is act

Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is

classified generally to subchapter I (Sec. 41 et seq.) of chapter 2

of Title 15, Commerce and Trade. For complete classification of

this Act to the Code, see section 58 of Title 15 and Tables.

-CITE-

19 USC Sec. 2486 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-

Sec. 2486. Trade relations with North American countries

-STATUTE-

(a) Negotiations for free trade area with Canada

It is the sense of the Congress that the United States should

enter into a trade agreement with Canada which will guarantee

continued stability to the economies of the United States and

Canada. In order to promote such economic stability, the President

may initiate negotiations for a trade agreement with Canada to

establish a free trade area covering the United States and Canada.

Nothing in this section shall be construed as prior approval of any

legislation which may be necessary to implement such a trade

agreement.

(b) Regional study

The President shall study the desirability of entering into trade

agreements with countries in the northern portion of the western

hemisphere to promote the economic growth of the United States and

such countries and the mutual expansion of market opportunities and

report to the Committee on Ways and Means of the House of

Representatives and the Committee on Finance of the Senate his

findings and conclusions within 2 years after July 26, 1979. The

study shall include an examination of competitive opportunities and

conditions of competition between such countries and the United

States in the agricultural, energy, and other appropriate sectors.

-SOURCE-

(Pub. L. 93-618, title VI, Sec. 612, Jan. 3, 1975, 88 Stat. 2076;

Pub. L. 96-39, title XI, Sec. 1104(a), (b)(1), July 26, 1979, 93

Stat. 310.)

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-39 designated existing provisions as subsec.

(a) and added subsec. (b).

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. 2487 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-

Sec. 2487. Repealed. Pub. L. 102-145, Sec. 121, as added Pub. L.

102-266, Sec. 102, Apr. 1, 1992, 106 Stat. 95

-MISC1-

Section, Pub. L. 93-618, title VI, Sec. 613, Jan. 3, 1975, 88

Stat. 2076, related to limitation on credit to Russia.

-CITE-

19 USC SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF,

AND OTHER SANCTIONS AGAINST, UNCOOPERATIVE

MAJOR DRUG PRODUCING OR DRUG-TRANSIT

COUNTRIES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

.

-HEAD-

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

-CITE-

19 USC Sec. 2491 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

-HEAD-

Sec. 2491. Short title

-STATUTE-

This subchapter may be cited as the ''Narcotics Control Trade

Act''.

-SOURCE-

(Pub. L. 93-618, title VIII, Sec. 801, as added Pub. L. 99-570,

title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-164.)

-CITE-

19 USC Sec. 2492 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

-HEAD-

Sec. 2492. Tariff treatment of products of uncooperative major drug

producing or drug-transit countries

-STATUTE-

(a) Required action by President

Subject to subsection (b) of this section, for every major drug

producing country and every major drug-transit country, the

President shall, on or after March 1, 1987, and March 1 of each

succeeding year, to the extent considered necessary by the

President to achieve the purposes of this subchapter -

(1) deny to any or all of the products of that country tariff

treatment under the Generalized System of Preferences, the

Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.),

or any other law providing preferential tariff treatment;

(2) apply to any or all of the dutiable products of that

country an additional duty at a rate not to exceed 50 percent ad

valorem or the specific rate equivalent;

(3) apply to one or more duty-free products of that country a

duty at a rate not to exceed 50 percent ad valorem;

(4) take the steps described in subsection (d)(1) or (d)(2) of

this section, or both, to curtail air transportation between the

United States and that country;

(5) withdraw the personnel and resources of the United States

from participation in any arrangement with that country for the

pre-clearance of customs by visitors between the United States

and that country; or

(6) take any combination of the actions described in paragraphs

(1) through (5).

(b) Certifications; Congressional action

(1)(A) Subject to paragraph (3), subsection (a) of this section

shall not apply with respect to a country if the President

determines and certifies to the Congress, at the time of the

submission of the report required by section 2291h of title 22,

that -

(i) during the previous year the country has cooperated fully

with the United States, or has taken adequate steps on its own -

(I) in satisfying the goals agreed to in an applicable

bilateral narcotics agreement with the United States (as

described in paragraph (B)) or a multilateral agreement which

achieves the objectives of paragraph (B),

(II) in preventing narcotic and psychotropic drugs and other

controlled substances produced or processed, in whole or in

part, in such country or transported through such country, from

being sold illegally within the jurisdiction of such country to

United States Government personnel or their dependents or from

being transported, directly or indirectly, into the United

States,

(III) in preventing and punishing the laundering in that

country of drug-related profits or drug-related moneys, and

(IV) in preventing and punishing bribery and other forms of

public corruption which facilitate the illicit production,

processing, or shipment of narcotic and psychotropic drugs and

other controlled substances, or which discourage the

investigation and prosecution of such acts; or

(ii) for a country that would not otherwise qualify for

certification under clause (i), the vital national interests of

the United States require that subsection (a) of this section not

be applied with respect to that country.

(B) A bilateral narcotics agreement referred to in subparagraph

(A)(i)(I) is an agreement between the United States and a foreign

country in which the foreign country agrees to take specific

activities, including, where applicable, efforts to -

(i) reduce drug production, drug consumption, and drug

trafficking within its territory, including activities to address

illicit crop eradication and crop substitution;

(ii) increase drug interdiction and enforcement;

(iii) increase drug education and treatment programs;

(iv) increase the identification of and elimination of illicit

drug laboratories;

(v) increase the identification and elimination of the

trafficking of essential precursor chemicals for the use in

production of illegal drugs;

(vi) increase cooperation with United States drug enforcement

officials; and

(vii) where applicable, increase participation in extradition

treaties, mutual legal assistance provisions directed at money

laundering, sharing of evidence, and other initiatives for

cooperative drug enforcement.

(C) A country which in the previous year was designated as a

major drug producing country or a major drug-transit country may

not be determined to be cooperating fully under subparagraph (A)(i)

unless it has in place a bilateral narcotics agreement with the

United States or a multilateral agreement which achieves the

objectives of subparagraph (B).

(D) If the President makes a certification with respect to a

country pursuant to subparagraph (A)(ii), he shall include in such

certification -

(i) a full and complete description of the vital national

interests placed at risk if action is taken pursuant to

subsection (a) of this section with respect to that country; and

(ii) a statement weighing the risk described in clause (i)

against the risks posed to the vital national interests of the

United States by the failure of such country to cooperate fully

with the United States in combating narcotics or to take adequate

steps to combat narcotics on its own.

(E) The President may make a certification under subparagraph

(A)(i) with respect to a major drug producing country or

drug-transit country which is also a producer of licit opium only

if the President determines that such country has taken steps to

prevent significant diversion of its licit cultivation and

production into the illicit market, maintains production and

stockpiles at levels no higher than those consistent with licit

market demand, and prevents illicit cultivation and production.

(2) In determining whether to make the certification required by

paragraph (1) with respect to a country, the President shall

consider the following:

(A) Have the actions of the government of that country resulted

in the maximum reductions in illicit drug production which were

determined to be achievable pursuant to section 2291(e)(4)

(FOOTNOTE 1) of title 22? In the case of a major drug producing

country, the President shall give foremost consideration, in

determining whether to make the certification required by

paragraph (1), to whether the government of that country has

taken actions which have resulted in such reductions.

(FOOTNOTE 1) See References in Text note below.

(B) Has that government taken the legal and law enforcement

measures to enforce in its territory, to the maximum extent

possible, the elimination of illicit cultivation and the

suppression of illicit manufacturing of and trafficking in

narcotic and psychotropic drugs and other controlled substances,

as evidenced by seizures of such drugs and substances and of

illicit laboratories and the arrest and prosecution of violators

involved in the traffic in such drugs and substances

significantly affecting the United States?

(C) Has that government taken the legal and law enforcement

steps necessary to eliminate, to the maximum extent possible, the

laundering in that country of drug-related profits or

drug-related moneys, as evidenced by -

(i) the enactment and enforcement by that government of laws

prohibiting such conduct,

(ii) that government entering into, and cooperating under the

terms of, mutual legal assistance agreements with the United

States governing (but not limited to) money laundering, and

(iii) the degree to which that government otherwise

cooperates with United States law enforcement authorities on

anti-money laundering efforts?

(D) Has that government taken the legal and law enforcement

steps necessary to eliminate, to the maximum extent possible,

bribery and other forms of public corruption which facilitate the

illicit production, processing, or shipment of narcotic and

psychotropic drugs and other controlled substances, or which

discourage the investigation and prosecution of such acts, as

evidenced by the enactment and enforcement of laws prohibiting

such conduct?

(E) Has that government, as a matter of government policy,

encouraged or facilitated the production or distribution of

illicit narcotic and psychotropic drugs and other controlled

substances?

(F) Does any senior official of that government engage in,

encourage, or facilitate the production or distribution of

illicit narcotic and psychotropic drugs and other controlled

substances?

(G) Has that government investigated aggressively all cases in

which any member of an agency of the United States Government

engaged in drug enforcement activities since January 1, 1985, has

been the victim of acts or threats of violence, inflicted by or

with the complicity of any law enforcement or other officer of

such country or any political subdivision thereof, and has

energetically sought to bring the perpetrators of such offense or

offenses to justice?

(H) Having been requested to do so by the United States

Government, does that government fail to provide reasonable

cooperation to lawful activities of United States drug

enforcement agents, including the refusal of permission to such

agents engaged in interdiction of aerial smuggling into the

United States to pursue suspected aerial smugglers a reasonable

distance into the airspace of the requested country?

(I) Has that government made necessary changes in legal codes

in order to enable law enforcement officials to move more

effectively against narcotics traffickers, such as new conspiracy

laws and new asset seizure laws?

(J) Has that government expeditiously processed United States

extradition requests relating to narcotics trafficking?

(K) Has that government refused to protect or give haven to any

known drug traffickers, and has it expeditiously processed

extradition requests relating to narcotics trafficking made by

other countries?

(3) Subsection (a) of this section shall apply to a country

without regard to paragraph (1) of this subsection if the Congress

enacts, within 45 days of continuous session after receipt of a

certification under paragraph (1), a joint resolution disapproving

the determination of the President contained in that certification.

(4) If the President takes action under subsection (a) of this

section, that action shall remain in effect until -

(A) the President makes the certification under paragraph (1),

a period of 45 days of continuous session of Congress elapses,

and during that period the Congress does not enact a joint

resolution of disapproval; or

(B) the President submits at any other time a certification of

the matters described in paragraph (1) with respect to that

country, a period of 45 days of continuous session of Congress

elapses, and during that period the Congress does not enact a

joint resolution of disapproving the determination contained in

that certification.

(5) For the purpose of expediting the consideration and enactment

of joint resolutions under paragraphs (3) and (4) -

(A) a motion to proceed to the consideration of any such joint

resolution after it has been reported by the Committee on Ways

and Means shall be treated as highly privileged in the House of

Representatives; and

(B) a motion to proceed to the consideration of any such joint

resolution after it has been reported by the Committee on Finance

shall be treated as privileged in the Senate.

(c) Duration of action

The action taken by the President under paragraph (1), (2), or

(3) of subsection (a) of this section shall apply to the products

of a foreign country that are entered, or withdrawn from warehouse

for consumption, during the period that such action is in effect.

(d) Presidential action regarding aviation

(1)(A) The President is authorized to notify the government of a

country against which is imposed the sanction described in

subsection (a)(4) of this section of his intention to suspend the

authority of foreign air carriers owned or controlled by the

government or nationals of that country to engage in foreign air

transportation to or from the United States.

(B) Within 10 days after the date of notification of a government

under subparagraph (A), the Secretary of Transportation shall take

all steps necessary to suspend at the earliest possible date the

authority of any foreign air carrier owned or controlled, directly

or indirectly, by the government or nationals of that country to

engage in foreign air transportation to or from the United States,

notwithstanding any agreement relating to air services.

(C) The President may also direct the Secretary of Transportation

to take such steps as may be necessary to suspend the authority of

any air carrier to engage in foreign air transportation between the

United States and that country.

(2)(A) The President may direct the Secretary of State to

terminate any air service agreement between the United States and a

country against which the sanction described in subsection (a)(4)

of this section is imposed in accordance with the provisions of

that agreement.

(B) Upon termination of an agreement under this paragraph, the

Secretary of Transportation shall take such steps as may be

necessary to revoke at the earliest possible date the right of any

foreign air carrier owned, or controlled, directly or indirectly,

by the government or nationals of that country to engage in foreign

air transportation to or from the United States.

(C) Upon termination of an agreement under this paragraph, the

Secretary of Transportation may also revoke the authority of any

air carrier to engage in foreign air transportation between the

United States and that country.

(3) The Secretary of Transportation may provide for such

exceptions from paragraphs (1) and (2) as the Secretary considers

necessary to provide for emergencies in which the safety of an

aircraft or its crew or passengers is threatened.

(4) For purposes of this subsection, the terms ''air

transportation'', ''air carrier'', ''foreign air carrier'' and

''foreign air transportation'' have the meanings such terms have

under section 40102(a) of title 49.

(e) Standards and guidelines for determining major drug-transit

countries

For each calendar year, the Secretary of State, after

consultation with the appropriate committees of the Congress, shall

establish numerical standards and other guidelines for determining

which countries will be considered to be major drug-transit

countries under section 2495(3)(A) and (B) of this title.

-SOURCE-

(Pub. L. 93-618, title VIII, Sec. 802, as added Pub. L. 99-570,

title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-164; amended

Pub. L. 100-204, title VIII, Sec. 806(a), Dec. 22, 1987, 101 Stat.

1398; Pub. L. 100-690, title IV, Sec. 4408, Nov. 18, 1988, 102

Stat. 4281; Pub. L. 101-231, Sec. 17(h)(1)-(4), Dec. 13, 1989, 103

Stat. 1965; Pub. L. 106-36, title I, Sec. 1001(a)(8), June 25,

1999, 113 Stat. 131.)

-REFTEXT-

REFERENCES IN TEXT

The Caribbean Basin Economic Recovery Act, referred to in subsec.

(a)(1), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384,

as amended, which is classified principally to chapter 15 (Sec.

2701 et seq.) of this title. For complete classification of this

Act to the Code, see Short Title note set out under section 2701 of

this title and Tables.

Subsec. (e) of section 2291 of title 22, referred to in subsec.

(b), (2)(A), was repealed and subsec. (i) was redesignated (e) by

Pub. L. 102-583, Sec. 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932.

-COD-

CODIFICATION

In subsec. (d)(4), ''section 40102(a) of title 49'' substituted

for ''section 101 of the Federal Aviation Act of 1958 (49 U.S.C.

App. 1301)'' on authority of Pub. L. 103-272, Sec. 6(b), July 5,

1994, 108 Stat. 1378, the first section of which enacted subtitles

II, III, and V to X of Title 49, Transportation.

-MISC3-

AMENDMENTS

1999 - Subsec. (b)(1)(A). Pub. L. 106-36 substituted ''section

2291h of title 22'' for ''section 2291(e) of title 22'' in

introductory provisions.

1989 - Subsec. (b)(1)(A)(i)(IV). Pub. L. 101-231, Sec. 17(h)(1),

substituted ''illicit production'' for ''production''.

Subsec. (b)(1)(B)(iii). Pub. L. 101-231, Sec. 17(h)(2),

substituted ''education and treatment programs'' for ''treatment''.

Subsec. (b)(1)(B)(v). Pub. L. 101-231, Sec. 17(h)(3), substituted

''essential precursor chemicals'' for ''precursor chemicals''.

Subsec. (b)(2)(D). Pub. L. 101-231, Sec. 17(h)(4), substituted

''illicit production'' for ''production''.

1988 - Subsec. (b)(1). Pub. L. 100-690, Sec. 4408(a), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''Subsection (a) of this section shall not apply with respect to a

country if the President determines and so certifies to the

Congress, at the time of the submission of the report required by

section 2291(e) of title 22, that during the previous year that

country has cooperated fully with the United States, or has taken

adequate steps on its own, in preventing narcotic and psychotropic

drugs and other controlled substances produced or processed, in

whole or in part, in such country or transported through such

country, from being sold illegally within the jurisdiction of such

country to United States Government personnel or their dependents

or from being transported, directly or indirectly, into the United

States and in preventing and punishing corruption by government

officials and the laundering in that country of drug-related

profits or drug-related monies.''

Subsec. (b)(2). Pub. L. 100-690, Sec. 4408(a), amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''In

making the certification required by paragraph (1), the President

shall give foremost consideration to whether the actions of the

government of the country have resulted in the maximum reductions

in illicit drug production which were determined to be achievable

pursuant to section 2291(e)(4) of title 22. The President shall

also consider whether such government -

''(A) has taken the legal and law enforcement measures to

enforce in its territory, to the maximum extent possible, the

elimination of illicit cultivation and the suppression of illicit

manufacture of and traffic in narcotic and psychotropic drugs and

other controlled substances, as evidenced by seizures of such

drugs and substances and of illicit laboratories and the arrest

and prosecution of violators involved in the traffic in such

drugs and substances significantly affecting the United States;

''(B) has taken the legal and law enforcement steps necessary

to eliminate, to the maximum extent possible, the laundering in

that country of drug-related profits or drug-related monies, as

evidence by -

''(i) the enactment and enforcement of laws prohibiting such

conduct,

''(ii) the willingness of such government to enter into

mutual legal assistance agreements with the United States

governing (but not limited to) money laundering, and

''(iii) the degree to which such government otherwise

cooperates with United States law enforcement authorities on

anti-money laundering efforts; and

''(C) has taken the legal and law enforcement steps necessary

to eliminate, to the maximum extent possible, corruption by

government officials, with particular emphasis on the elimination

of bribery.''

Subsec. (b)(3), (4). Pub. L. 100-690, Sec. 4408(b), substituted

''45 days'' for ''30 days'' wherever appearing.

Subsec. (e). Pub. L. 100-690, Sec. 4408(c), added subsec. (e).

1987 - Subsec. (a)(4) to (6). Pub. L. 100-204, Sec. 806(a)(1),

added pars. (4) and (5) and redesignated former par. (4) as (6) and

amended it generally. Prior to amendment, par. (6) read as

follows: ''take any combination of the actions described in

paragraphs (1), (2), and (3).''

Subsec. (b). Pub. L. 100-204, Sec. 806(a)(2), inserted

''corruption by government officials and'' after ''preventing and

punishing'' in par. (1) and added par. (2)(C).

Subsec. (c). Pub. L. 100-204, Sec. 806(a)(3), inserted

''paragraph (1), (2), or (3) of'' after ''under''.

Subsec. (d). Pub. L. 100-204, Sec. 806(a)(4), added subsec. (d).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2493, 2494 of this title.

-CITE-

19 USC Sec. 2493 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

-HEAD-

Sec. 2493. Sugar quota

-STATUTE-

Notwithstanding any other provision of law, the President may not

allocate any limitation imposed on the quantity of sugar to any

country which has a Government involved in the trade of illicit

narcotics or is failing to cooperate with the United States in

narcotics enforcement activities as defined in section 2492(b) of

this title as determined by the President.

-SOURCE-

(Pub. L. 93-618, title VIII, Sec. 803, as added Pub. L. 99-570,

title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-165.)

-CITE-

19 USC Sec. 2494 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

-HEAD-

Sec. 2494. Progress reports

-STATUTE-

The President shall include as a part of the annual report

required under section 2291h of title 22 an evaluation of progress

that each major drug producing country and each major drug-transit

country has made during the reporting period in achieving the

objectives set forth in section 2492(b) of this title.

-SOURCE-

(Pub. L. 93-618, title VIII, Sec. 804, as added Pub. L. 99-570,

title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-166; amended

Pub. L. 106-36, title I, Sec. 1001(a)(9), June 25, 1999, 113 Stat.

131.)

-MISC1-

AMENDMENTS

1999 - Pub. L. 106-36 substituted ''section 2291h of title 22''

for ''section 2291(e)(1) of title 22''.

-CITE-

19 USC Sec. 2495 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 12 - TRADE ACT OF 1974

SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER

SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR

DRUG-TRANSIT COUNTRIES

-HEAD-

Sec. 2495. Definitions

-STATUTE-

For purposes of this subchapter -

(1) continuity of a session of Congress is broken only by an

adjournment of the Congress sine die, and the days on which

either House is not in session because of an adjournment of more

than three days to a day certain are excluded in the computation

of the period indicated;

(2) the term ''major drug producing country'' means a country

that illicitly produces during a fiscal year 5 metric tons or

more of opium or opium derivative, 500 metric tons or more of

coca, or 500 metric tons or more of marijuana;

(3) the term ''major drug-transit country'' means a country -

(A) that is a significant direct source of illicit narcotic

or psychotropic drugs or other controlled substances

significantly affecting the United States;

(B) through which are transported such drugs or substances;

or

(C) through which significant sums of drug-related profits or

monies are laundered with the knowledge or complicity of the

government; and

(4) the term ''narcotic and psychotropic drugs and other

controlled substances'' has the same meaning as is given by any

applicable international narcotics control agreement or domestic

law of the country or countries concerned.

-SOURCE-

(Pub. L. 93-618, title VIII, Sec. 805, as added Pub. L. 99-570,

title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-166; amended

Pub. L. 101-231, Sec. 17(h)(5), Dec. 13, 1989, 103 Stat. 1965; Pub.

L. 106-36, title I, Sec. 1001(a)(10), June 25, 1999, 113 Stat.

131.)

-MISC1-

AMENDMENTS

1999 - Par. (2). Pub. L. 106-36 struck out ''and'' at end.

1989 - Par. (2). Pub. L. 101-231 amended par. (2) generally.

Prior to amendment, par. (2) read as follows: ''the term 'major

drug producing country' means a country producing five metric tons

or more of opium or opium derivative during a fiscal year or

producing five hundred metric tons or more of coca or marijuana (as

the case may be) during a fiscal year; and''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2492 of this title.

-CITE-