US (United States) Code. Title 19. Chapter 13: Trade Agreements Act of 1979

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

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19 USC CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

.

-HEAD-

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

-MISC1-

Sec.

2501. Short title.

2502. Congressional statement of purposes.

2503. Approval of trade agreements.

(a) Approval of agreements and statements of

administrative action.

(b) Acceptance of agreements by the President.

(c) Trade agreements to which this Act applies.

2504. Relationship of trade agreements to United States law.

(a) United States statutes to prevail in conflict.

(b) Implementing regulations.

(c) Changes in statutes to implement a requirement,

amendment, or recommendation.

(d) Unspecified private remedies not created.

SUBCHAPTER I - GOVERNMENT PROCUREMENT

2511. General authority to modify discriminatory purchasing

requirements.

(a) Presidential waiver of discriminatory purchasing

requirements.

(b) Designation of eligible countries and

instrumentalities.

(c) Modification or withdrawal of waivers and

designations.

(d) Omitted.

(e) Procurement procedures by certain Federal

agencies.

(f) Small business and minority preferences.

2512. Authority to encourage reciprocal competitive procurement

practices.

(a) Authority to bar procurement from non-designated

countries.

(b) Deferrals and waivers.

(c) Report on impact of restrictions.

(d) Proposed action.

2513. Waiver of discriminatory purchasing requirements with respect

to purchases of civil aircraft.

2514. Expansion of the coverage of the Agreement.

(a) Overall negotiating objective.

(b) Sector negotiating objectives.

(c) Independent verification objective.

(d) Reports on negotiations.

(e) Extension of nondiscrimination and national

treatment.

2515. Monitoring and enforcement.

(a) Monitoring and enforcement structure

recommendations.

(b) Rules of origin.

(c) Report to Congress on rules of origin.

2516. Repealed.

2517. Availability of information to Members of Congress designated

as official advisers.

2518. Definitions.

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

PART A - OBLIGATIONS OF THE UNITED STATES

2531. Certain standards-related activities.

(a) No bar to engaging in standards activity.

(b) Unnecessary obstacles.

2532. Federal standards-related activities.

2533. State and private standards-related activities.

(a) In general.

(b) Presidential action.

PART B - FUNCTIONS OF FEDERAL AGENCIES

2541. Functions of Trade Representative.

(a) In general.

(b) Negotiating functions.

(c) Cross reference.

2542. Establishment and operation of technical offices.

(a) Establishment.

(b) Functions of offices.

2543. Representation of United States interests before

international standards organizations.

(a) Oversight and consultation.

(b) Representation of United States interests by

private persons.

(c) Representation of United States interests by

Federal agencies.

2544. Standards information center.

(a) Establishment.

(b) Functions.

(c) Sanitary and phytosanitary measures.

2545. Contracts and grants.

(a) In general.

(b) Terms and conditions.

(c) Limitations.

(d) Audit.

2546. Technical assistance.

2547. Consultations with representatives of domestic interests.

PART C - ADMINISTRATIVE AND JUDICIAL PROCEEDINGS REGARDING

STANDARDS-RELATED ACTIVITIES

SUBPART 1 - REPRESENTATIONS ALLEGING UNITED STATES VIOLATIONS OF

OBLIGATIONS

2551. Right of action.

2552. Representations.

2553. Action after receipt of representations.

(a) Review.

(b) Resolution.

2554. Procedure after finding by international forum.

(a) In general.

(b) Cross reference.

SUBPART 2 - OTHER PROCEEDINGS REGARDING CERTAIN STANDARDS-RELATED

ACTIVITIES

2561. Findings of reciprocity required in administrative

proceedings.

(a) In general.

(b) Exemptions.

2562. Consideration of standards-related activities by an

international forum.

PART D - DEFINITIONS AND MISCELLANEOUS PROVISIONS

2571. Definitions.

2572. Exemptions.

2573. Reports to Congress on operation of agreement.

PART E - STANDARDS AND MEASURES UNDER THE NORTH AMERICAN FREE TRADE

AGREEMENT

SUBPART 1 - SANITARY AND PHYTOSANITARY MEASURES

2575. General.

2575a. Inquiry point.

2575b. Subpart definitions.

SUBPART 2 - STANDARDS-RELATED MEASURES

2576. General.

(a) No bar to engaging in standards activity.

(b) Exclusion.

2576a. Inquiry point.

2576b. Subpart definitions.

SUBPART 3 - PART DEFINITIONS

2577. Definitions.

PART F - INTERNATIONAL STANDARD-SETTING ACTIVITIES

2578. Notice of United States participation in international

standard-setting activities.

(a) In general.

(b) Notification.

(c) Required information.

(d) Public comment.

2578a. Equivalence determinations.

(a) In general.

(b) FDA determination.

(c) Notice.

2578b. Definitions.

(a) In general.

(b) Other definitions.

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

2581. Auction of import licenses.

(a) In general.

(b) ''Import license'' defined.

2582. Repealed.

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19 USC Sec. 2501 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

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Sec. 2501. Short title

-STATUTE-

This Act may be cited as the ''Trade Agreements Act of 1979''.

-SOURCE-

(Pub. L. 96-39, Sec. 1(a), July 26, 1979, 93 Stat. 144.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 96-39, July 26, 1979,

93 Stat. 144, which enacted this chapter and sections 1516a, 1671

to 1671f, 1673 to 1673i, 1675, 1677 to 1677g, and 2413 to 2416 of

this title, amended the Tariff Schedules, and sections 1303, 1311,

1315, 1332, 1336, 1337, 1351, 1401a, 1466, 1500, 1514 to 1516,

1872, 2033, 2112, 2119, 2131, 2155, 2192, 2194, 2211, 2251, 2253,

2411, 2412, 2432, 2434, 2435, 2462 to 2464, 2481, and 2486 of this

title, section 5315 of Title 5, Government Organization and

Employees, section 301 of Title 13, Census, sections 993, 5001 to

5008, 5043, 5061, 5064, 5066, 5116, 5171 to 5173, 5175 to 5178,

5180, 5181, 5201 to 5205, 5207, 5211 to 5215, 5221 to 5223, 5231,

5232, 5235, 5241, 5273, 5291, 5301, 5352, 5361 to 5363, 5365, 5381,

5391, 5551, 5601, 5604, 5610, 5612, 5615, 5663, 5681, 5682, and

5691 of Title 26, Internal Revenue Code, and sections 1541, 1582,

2632, and 2633, and 2637 of Title 28, Judiciary and Judicial

Procedure, repealed sections 160 to 171 and 1402 of this title and

sections 5009, 5021 to 5026, 5081 to 5084, 5174, 5233, 5234, 5251,

5252, 5364, and 5521 to 5523 of Title 26, enacted provisions set

out as notes under sections 160, 1202, 1303, 1311, 1401a, 1516a,

1671, 2111, 2112, 2119, 2135, 2464, 2511, 2531, and 2581 of this

title, section 301 of Title 13, and sections 1, 5001, 5061, 5171,

and 5173 of Title 26, and amended provisions set out as notes in

the Tariff Schedules and under section 2101 of this title. For

complete classification of this Act to the Code, see Tables.

-SECREF-

ACT REFERRED TO IN OTHER SECTIONS

The Trade Agreements Act of 1979 is referred to in sections 3004,

3105 of this title; title 6 section 212; title 15 section 5528;

title 24 section 225h; title 25 section 1638b; title 41 sections

10b-2, 10b-3.

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19 USC Sec. 2502 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

-HEAD-

Sec. 2502. Congressional statement of purposes

-STATUTE-

The purposes of this Act are -

(1) to approve and implement the trade agreements negotiated

under the Trade Act of 1974 (19 U.S.C. 2101 et seq.);

(2) to foster the growth and maintenance of an open world

trading system;

(3) to expand opportunities for the commerce of the United

States in international trade; and

(4) to improve the rules of international trade and to provide

for the enforcement of such rules, and for other purposes.

-SOURCE-

(Pub. L. 96-39, Sec. 1(c), July 26, 1979, 93 Stat. 146.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in provision preceding par. (1), is Pub. L.

96-39, July 26, 1979, 93 Stat. 144, known as the Trade Agreements

Act of 1979. For complete classification of this Act to the Code,

see References in Text note set out under section 2501 of this

title and Tables.

The Trade Act of 1974, referred to in par. (1), is Pub. L.

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is

classified principally to chapter 12 (Sec. 2101 et seq.) of this

title. For complete classification of this Act to the Code, see

References in Text note set out under section 2101 of this title

and Tables.

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19 USC Sec. 2503 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

-HEAD-

Sec. 2503. Approval of trade agreements

-STATUTE-

(a) Approval of agreements and statements of administrative action

In accordance with the provisions of sections 2112 and 2191 of

this title, the Congress approves the trade agreements described in

subsection (c) of this section submitted to the Congress on June

19, 1979, and the statements of administrative action proposed to

implement such trade agreements submitted to the Congress on that

date.

(b) Acceptance of agreements by the President

(1) In general

The President may accept for the United States the final legal

instruments or texts embodying each of the trade agreements

approved by the Congress under subsection (a) of this section.

The President shall submit a copy of each final instrument or

text to the Congress on the date such text or instrument is

available, together with a notification of any changes in the

instruments or texts, including their annexes, if any, as

accepted and the texts of such agreements as submitted to the

Congress under subsection (a) of this section. Such final legal

instruments or texts shall be deemed to be the agreements

submitted to and approved by the Congress under subsection (a) of

this section if such changes are -

(A) only rectifications of a formal character or minor

technical or clerical changes which do not affect the substance

or meaning of the texts as submitted to the Congress on June

19, 1979, or

(B) changes in annexes to such agreements, and the President

determines that the balance of United States rights and

obligations under such agreements is maintained.

(2) Application of agreement between the United States and other

countries

No agreement accepted by the President under paragraph (1)

shall apply between the United States and any other country

unless the President determines that such country -

(A) has accepted the obligations of the agreement with

respect to the United States, and

(B) should not otherwise be denied the benefits of the

agreement with respect to the United States because such

country has not accorded adequate benefits, including

substantially equal competitive opportunities for the commerce

of the United States to the extent required under section

2136(c) (FOOTNOTE 1) of this title, to the United States.

(FOOTNOTE 1) See References in Text note below.

(3) Limitation on acceptance concerning major industrial

countries

The President may not accept an agreement described in

paragraph (1), (2), (3), (4), (5), (6), (7), (9), (10), or (11)

of subsection (c) of this section, unless he determines that each

major industrial country (as defined in section 2136(d) (FOOTNOTE

1) of this title) is also accepting the agreement.

Notwithstanding the preceding sentence, the President may accept

such an agreement, if he determines that only one major

industrial country is not accepting that agreement and the

acceptance of that agreement by that country is not essential to

the effective operation of the agreement, and if -

(A) that country is not a major factor in trade in the

products covered by that agreement,

(B) the President has authority to deny the benefits of the

agreement to that country and has taken steps to deny the

benefits of the agreement to that country, or

(C) a significant portion of United States trade would

benefit from the agreement, notwithstanding such nonacceptance,

and the President determines and reports to the Congress that

it is in the national interest of the United States to accept

the agreement.

For purposes of this paragraph, the acceptance of an agreement by

the European Communities on behalf of its member countries shall

also be treated as acceptance of that agreement by each member

country, and acceptance of an agreement by all the member

countries of the European Communities shall also be treated as

acceptance of that agreement by the European Communities.

(c) Trade agreements to which this Act applies

The trade agreements to which subsection (a) of this section

applies are the following:

(1) The Agreement on Implementation of Article VII of the

General Agreement on Tariffs and Trade (relating to customs

valuation).

(2) The Agreement on Government Procurement.

(3) The Agreement on Import Licensing Procedures.

(4) The Agreement on Technical Barriers to Trade (relating to

product standards).

(5) The Agreement on Interpretation and Application of Articles

VI, XVI, and XXIII of the General Agreement on Tariffs and Trade

(relating to subsidies and countervailing measures).

(6) The Agreement on Implementation of Article VI of the

General Agreement on Tariffs and Trade (relating to antidumping

measures).

(7) The International Dairy Arrangement.

(8) Certain bilateral agreements on cheese, other dairy

products, and meat.

(9) The Arrangement Regarding Bovine Meat.

(10) The Agreement on Trade in Civil Aircraft.

(11) Texts Concerning a Framework for the Conduct of World

Trade.

(12) Certain Bilateral Agreements to Eliminate the Wine-Gallon

Method of Tax and Duty Assessment.

(13) Certain other agreements to be reflected in Schedule XX of

the United States to the General Agreement on Tariffs and Trade,

including Agreements -

(A) to Modify United States Watch Marking Requirements, and

to Modify United States Tariff Nomenclature and Rates of Duty

for Watches,

(B) to Provide Duty-Free Treatment for Agricultural and

Horticultural Machinery, Equipment, Implements, and Parts

Thereof, and

(C) to Modify United States Tariff Nomenclature and Rates of

Duty for Ceramic Tableware.

(14) The Agreement with the Hungarian People's Republic.

-SOURCE-

(Pub. L. 96-39, Sec. 2, July 26, 1979, 93 Stat. 147.)

-REFTEXT-

REFERENCES IN TEXT

Section 2136(c) of this title, referred to in subsec. (b)(2)(B),

was repealed, and section 2136(d) of this title, referred to in

subsec. (b)(3), which defined the term ''major industrial country''

was redesignated section 2136(c), by Pub. L. 105-362, title XIV,

Sec. 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294.

This Act, referred to in subsec. (c), is Pub. L. 96-39, July 26,

1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For

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

Text note set out under section 2501 of this title and Tables.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of the President under subsec. (b) of this section

delegated to the United States Trade Representative, see section

1-103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out

as a note under section 2171 of this title.

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APPROVAL AND IMPLEMENTATION OF PROTOCOL TO THE TRADE AGREEMENT

RELATING TO CUSTOMS VALUATION

Pub. L. 96-490, Sec. 1, Dec. 2, 1980, 94 Stat. 2556, provided

that:

''(a) Approval of Protocol. - In accordance with the provisions

of sections 102 and 151 of the Trade Act of 1974 (19 U.S.C. 2112

and 2191), the Congress approves -

''(1) the trade agreement entitled 'Protocol to the Agreement

on Implementation of Article VII of the General Agreement on

Tariffs and Trade' (hereinafter in this Act (amending section

1401a of this title and enacting provision set out as a note

under section 1401a of this title) referred to as the 'Protocol')

submitted to the Congress on August 1, 1980; and

''(2) the statement of administrative action proposed to

implement such trade agreement submitted to the Congress on that

date.

''(b) Acceptance of Protocol by the President. -

''(1) In general. - Subject to paragraph (2), the President may

accept the Protocol for the United States.

''(2) Limitation on acceptance of protocol. - Paragraph (3) of

section 2(b) of the Trade Agreements Act of 1979 (19 U.S.C.

2503(b)(3)) (relating to the limitation on acceptance of trade

agreements concerning major industrial countries) applies to the

Protocol and for such purpose the Protocol shall be treated as a

trade agreement that is referred to in such paragraph (3).

''(c) Application of Protocol. - Paragraph (2) of section 2(b) of

such Act of 1979 (19 U.S.C. 2503(b)(2)) (relating to the

application of agreements between the United States and other

countries) applies to the Protocol and for such purpose the

Protocol shall be treated as a trade agreement that is accepted by

the President under paragraph (1) of such section 2(b).

''(d) Relationship of Protocol to United States Law. -

Subsections (a), (b), (c), and (f) of section 3 of such Act of 1979

(19 U.S.C. 2504(a), (b), (c), and (f) (19 U.S.C. 2504(a), (b), (c),

and (d))) (relating to the priority of domestic law in case of

conflict, implementing regulations, statutory changes to implement

agreement amendments, and disclaimer regarding the creation of any

private right of action or remedy) apply to the Protocol and for

such purpose the Protocol shall be treated as a trade agreement

approved by the Congress under section 2(a) of such Act of 1979, 19

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

(The Protocol was accepted for the United States on Dec. 30,

1980.)

DETERMINATION REGARDING ACCEPTANCE AND APPLICATION OF CERTAIN

INTERNATIONAL TRADE AGREEMENTS

1. Pursuant to section 102 of the Trade Act of 1974 (19 U.S.C.

2112(b)), I, through my duly empowered representative, on April 12,

1979, entered into the international agreements negotiated in the

Tokyo Round of Multilateral Trade Negotiations. These agreements

were:

(i) Agreement on Interpretation and Application of Articles VI,

XVI and XXIII of the General Agreement on Tariffs and Trade;

(ii) Agreement on Implementation of Article VI of the General

Agreement on Tariffs and Trade;

(iii) Agreement on Implementation of Article VII of the

General Agreement on Tariffs and Trade;

(iv) Agreement on Government Procurement;

(v) Agreement on Technical Barriers to Trade;

(vi) Agreement on Import Licensing Procedures;

(vii) Agreement on Trade in Civil Aircraft;

(viii) International Dairy Arrangement; and

(ix) Arrangement Regarding Bovine Meat.

These agreements are collectively referred to herein as the ''MTN

agreements''.

2. In accordance with sections 102 and 151 of the Trade Act of

1974 (19 U.S.C. 2112 and 2191), the MTN agreements were submitted

to Congress for its approval. Section 2 of the Trade Agreements

Act of 1979 (93 Stat. 147) (this section) approves the MTN

agreements and authorizes the President to accept each of the MTN

agreements provided that the President determines that all, or all

but one, of the major industrial countries (as defined in section

126(d) of the Trade Act of 1974 (19 U.S.C. 2136(d)) is also

accepting the agreement. If the President determines that only one

major industrial country is not accepting an agreement, the

President may nevertheless accept such an agreement if he

determines that the acceptance of that agreement by that country is

not essential to the effective operation of the agreement, and if:

(A) that country is not a major factor in trade in the products

covered by that agreement;

(B) the President has authority to deny the benefits of the

agreement to that country and has taken steps to deny the

benefits of the agreement to that country; or

(C) a significant portion of United States trade would benefit

from the agreement, notwithstanding such nonacceptance, and the

President determines and reports to the Congress that it is in

the national interest of the United States to accept the

agreement.

3. Section 2 of the Trade Agreements Act of 1979 (this section)

also provides that no agreement accepted by the President shall

apply between the United States and any other country unless the

President determines that such country:

(A) has accepted the obligations of the agreement with respect

to the United States, and

(B) should not otherwise be denied the benefits of the

agreement with respect to the United States because such country

has not accorded adequate benefits, including substantially equal

competitive opportunities for the commerce of the United States

to the extent required under section 126(c) of the Trade Act of

1974 (19 U.S.C. 2136(c)), to the United States.

4. Section 701 of the Tariff Act of 1930, as amended effective

January 1, 1980 (93 Stat. 151) (19 U.S.C. 1671), provides that the

President must determine that certain conditions must be met before

a country can be considered a ''country under the Agreement'' and,

therefore, entitled to the injury determination provided for in

section 703(a) and 705(b) of the Tariff Act of 1930 (93 Stat. 152

and 159) (19 U.S.C. 1671b(a) and 1671d(b)).

5. Section 601(a) of the Trade Agreements Act of 1979 (93 Stat.

267) authorizes the President to proclaim certain modifications in

the Tariff Schedules of the United States if the President

determines that the conditions under section 2(b) of the Trade

Agreements Act of 1979 (93 Stat. 147) (subsec. (b) of this section)

on acceptance of the Agreement on Trade in Civil Aircraft have been

fulfilled.

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

of America, acting under and by virtue of the authority vested in

me as President, and in conformity with the provisions of sections

2 (this section) and 601(a) of the Trade Agreements Act of 1979 (93

Stat. 147 and 267), herein referred to as ''the Act'', section 701

of the Tariff Act of 1930, as amended effective January 1, 1980 (93

Stat. 151) (19 U.S.C. 1671), and section 301 of title 3 of the

United States Code do hereby

1. Determine that:

a. With respect to the Agreement on Interpretation and

Application of Articles VI, XVI and XXIII of the General Agreement

on Tariffs and Trade, the Agreement on Implementation of Article VI

of the General Agreement on Tariffs and Trade, the Agreement on

Technical Barriers to Trade, the Agreement on Import Licensing

Procedures, and the Agreement on Trade in Civil Aircraft,

(i) in accordance with section 2(b)(1) and (3) of the Act (93

Stat. 147) (subsec. (b)(1) and (3) of this section), each major

industrial country (as defined in section 126(d) of the Trade Act

of 1974 (19 U.S.C. 2136(d)) is also accepting the agreement with

the exception of Japan;

(ii) in accordance with section 2(b)(3) of the Act (93 Stat.

147) (subsec. (b)(3) of this section), the acceptance of these

agreements by Japan is not essential to the effective operation

of the agreements for that period of time during which Japan is

completing its Constitutional procedures to accept the agreements

and in light of the stated intention of the Government of Japan

to act in the interim in line with the agreements within its

existing powers; and

(iii) in accordance with section 2(b)(3)(C) of the Act (93

Stat. 148) (subsec. (b)(3)(C) of this section), a significant

portion of United States trade will benefit from these

agreements, notwithstanding the anticipated short delay in

acceptance by Japan, and it is in the national interest of the

United States to accept these agreements.

b. The conditions in section 701(b)(3)(A), (B) and (C) of the

Tariff Act of 1930, as amended effective January 1, 1980 (93 Stat.

151) (19 U.S.C. 1671(b)(3)(A), (B) and (C)) will have been met with

respect to Venezuela, Honduras, Nepal, North Yemen, El Salvador,

Paraguay and Liberia.

c. With respect to the International Dairy Arrangement,

(i) in accordance with section 2(b)(1) and (3) of the Act (93

Stat. 147) (subsec. (b)(1) and (3) of this section), each major

industrial country (as defined in section 126(d)) (19 U.S.C.

2136(d)) is also accepting the agreement with the exception of

Canada;

(ii) in accordance with section 2(b)(3) of the Act (93 Stat.

147) (subsec. (b)(3) of this section), the acceptance of this

agreement by Canada is not essential to the effective operation

of the agreement; and

(iii) in accordance with section 2(b)(3)(A) of the Act (subsec.

(b)(3)(A) of this section), Canada is not a major factor in trade

in the products covered by the agreement.

d. With respect to the Arrangement Regarding Bovine Meat, in

accordance with section 2(b)(1) and (3) of the Act (93 Stat. 147)

(subsec. (b)(1) and (3) of this section), each major industrial

country (as defined in section 126(d) of the Trade Act of 1974 (19

U.S.C. 2136(d) is also accepting the agreement.

e. In accordance with section 601(a) of the Trade Agreements Act

of 1979 (93 Stat. 267),

(i) the conditions under section 2(b) of that Act (93 Stat.

147) (subsec. (b) of this section) on acceptance of the Agreement

on Trade in Civil Aircraft have been fulfilled;

(ii) the modifications provided for in section A of Annex II to

Proclamation No. 4707 of December 11, 1979 (see note set out

under section 2111 of this title), which were authorized by

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

267), shall be effective with respect to articles entered, or

withdrawn from warehouse, for consumption on and after January 1,

1980; and

(iii) the amendment to section 466 of the Tariff Act of 1930

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

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

respect to entries made under section 466 on and after January 1,

1980.

2. Authorize the United States Special Representative for Trade

Negotiations (now United States Trade Representative), or his

designee, on behalf of the United States of America,

(a) to sign and accept the Agreement on Interpretation and

Application of Articles VI, XVI, and XXIII of the General Agreement

on Tariffs and Trade, the Agreement on Implementation of Article VI

of the General Agreement on Tariffs and Trade, the Agreement on

Technical Barriers to Trade, the Agreement on Import Licensing

Procedures, the Agreement on Trade in Civil Aircraft, the

International Dairy Arrangement and the Arrangement Regarding

Bovine Meat;

(b) to sign the Agreement on Government Procurement subject to

satisfactory completion of negotiations on entity coverage under

the Agreement; and

(c) to sign the Agreement on Implementation of Article VII of the

General Agreement on Tariffs and Trade subject to acceptance.

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

Jimmy Carter.

CHANGE OF NAME

United States Special Representative for Trade Negotiations

redesignated the United States Trade Representative by 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.

DETERMINATION REGARDING MULTILATERAL TRADE NEGOTIATIONS

Memorandum of the President of the United States, dated Dec. 14,

1979, provided:

I have signed the enclosed document concerning certain

international trade agreements pursuant to the authority vested in

me under the Constitution and laws of the United States, including

the Trade Agreements Act of 1979 (Public Law 96-39, 93 Stat. 144)

and section 301 of title 3 of the United States Code.

On my behalf, please transmit copies of this document to the

Speaker of the House of Representatives and the President of the

Senate.

This document shall be published in the Federal Register.

Jimmy Carter.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2504, 2513, 3555 of this

title.

-CITE-

19 USC Sec. 2504 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

-HEAD-

Sec. 2504. Relationship of trade agreements to United States law

-STATUTE-

(a) United States statutes to prevail in conflict

No provision of any trade agreement approved by the Congress

under section 2503(a) of this title, nor the application of any

such provision to any person or circumstance, which is in conflict

with any statute of the United States shall be given effect under

the laws of the United States.

(b) Implementing regulations

Regulations necessary or appropriate to carry out actions

proposed in any statement of proposed administrative action

submitted to the Congress under section 2112 of this title to

implement each agreement approved under section 2503(a) of this

title shall be issued within 1 year after the date of the entry

into force of such agreement with respect to the United States.

(c) Changes in statutes to implement a requirement, amendment, or

recommendation

(1) Presidential determination

Whenever the President determines that it is necessary or

appropriate to amend, repeal, or enact a statute of the United

States in order to implement any requirement of, amendment to, or

recommendation under such an agreement, he shall submit to the

Congress a draft of a bill to accomplish the amendment, repeal,

or enactment and a statement of any administrative action

proposed to implement the requirement, amendment, or

recommendation. Not less than 30 days before submitting such a

bill, the President shall consult with the Committee on Ways and

Means of the House of Representatives, the Committee on Finance

of the Senate, and each committee of the House or Senate which

has jurisdiction over legislation involving subject matters which

would be affected by such amendment, repeal, or enactment. The

consultation shall treat all matters relating to the

implementation of such requirement, amendment, or recommendation,

as provided in paragraphs (2) and (3).

(2) Conditions for taking effect under United States law

No such amendment shall enter into force with respect to the

United States, and no such requirement, amendment, or

recommendation shall be implemented under United States law,

unless -

(A) the President, after consultation with the Congress under

paragraph (1), notifies the House of Representatives and the

Senate of his determination and publishes notice of that

determination in the Federal Register,

(B) the President transmits a document to the House of

Representatives and to the Senate containing a copy of the text

of such requirement, amendment, or recommendation, together

with -

(i) a draft of a bill to amend or repeal provisions of

existing statutes or to create statutory authority and an

explanation as to how the bill and any proposed

administrative action affect existing law, and

(ii) a statement of how the requirement, amendment, or

recommendation serves the interests of United States commerce

and why the legislative and administrative action is

necessary or appropriate to carry out the requirement,

amendment, or recommendation, and

(C) the bill submitted by the President is enacted into law.

(3) Recommendations as to application

The President may make the same type of recommendations, in the

same manner and subject to the same conditions, to the Congress

with respect to the application of any such requirement,

amendment, or recommendation as he may make, under section

2112(f) of this title, with respect to a trade agreement.

(4) Congressional procedures applicable

The bill submitted by the President shall be introduced in

accordance with the provisions of subsection (c)(1) of section

2191 of this title, and the provisions of subsections (d), (e),

(f), and (g) of such section shall apply to the consideration of

the bill. For the purpose of applying section 2191 of this title

to such bill -

(A) the term ''trade agreement'' shall be treated as a

reference to the requirement, amendment, or recommendation, and

(B) the term ''implementing bill'' or ''implementing revenue

bill'', whichever is appropriate, shall be treated as a

reference to the bill submitted by the President.

(d) Unspecified private remedies not created

Neither the entry into force with respect to the United States of

any agreement approved under section 2503(a) of this title, nor the

enactment of this Act, shall be construed as creating any private

right of action or remedy for which provision is not explicitly

made under this Act or under the laws of the United States.

-SOURCE-

(Pub. L. 96-39, Sec. 3(a)-(c), (f), July 26, 1979, 93 Stat.

148-150.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is Pub. L. 96-39, July 26,

1979, 93 Stat. 144, known as the Trade Agreements Act of 1979. For

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

Text note set out under section 2501 of this title and Tables.

-COD-

CODIFICATION

As originally enacted section 3 of Pub. L. 96-39 consisted of

subsecs. (a) to (c), (e) and (f), without a provision designated as

(d). Subsec. (e) amended section 2111(b)(1) of this title and

subsec. (f) has been redesignated as (d) for the purposes of

codification of this section.

-MISC3-

UNITED STATES-CANADA FREE-TRADE AGREEMENT

Subsec. (c) of this section applicable as if United States-Canada

Free-Trade Agreement, which entered into force on Jan. 1, 1989,

were an agreement approved under section 2503(a) of this title, see

section 102(e) of Pub. L. 100-449, set out in a note under section

2112 of this title.

-CITE-

19 USC SUBCHAPTER I - GOVERNMENT PROCUREMENT 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

.

-HEAD-

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-CITE-

19 USC Sec. 2511 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2511. General authority to modify discriminatory purchasing

requirements

-STATUTE-

(a) Presidential waiver of discriminatory purchasing requirements

Subject to subsection (f) of this section, the President may

waive, in whole or in part, with respect to eligible products of

any foreign country or instrumentality designated under subsection

(b) of this section, and suppliers of such products, the

application of any law, regulation, procedure, or practice

regarding Government procurement that would, if applied to such

products and suppliers, result in treatment less favorable than

that accorded -

(1) to United States products and suppliers of such products;

or

(2) to eligible products of another foreign country or

instrumentality which is a party to the Agreement and suppliers

of such products.

(b) Designation of eligible countries and instrumentalities

The President may designate a foreign country or instrumentality

for purposes of subsection (a) of this section only if he

determines that such country or instrumentality -

(1) is a country or instrumentality which (A) has become a

party to the Agreement or the North American Free Trade

Agreement, and (B) will provide appropriate reciprocal

competitive government procurement opportunities to United States

products and suppliers of such products;

(2) is a country or instrumentality, other than a major

industrial country, which (A) will otherwise assume the

obligations of the Agreement, and (B) will provide such

opportunities to such products and suppliers;

(3) is a country or instrumentality, other than a major

industrial country, which will provide such opportunities to such

products and suppliers; or

(4) is a least developed country.

(c) Modification or withdrawal of waivers and designations

The President may modify or withdraw any waiver granted pursuant

to subsection (a) of this section or designation made pursuant to

subsection (b) of this section.

(d) Omitted

(e) Procurement procedures by certain Federal agencies

Notwithstanding any other provision of law, the President may

direct any agency of the United States listed in Annex 1001.1a-2 of

the North American Free Trade Agreement to procure eligible

products in compliance with the procedural provisions of chapter 10

of such Agreement.

(f) Small business and minority preferences

The authority of the President under subsection (a) of this

section to waive any law, regulation, procedure, or practice

regarding Government procurement does not authorize the waiver of

any small business or minority preference.

-SOURCE-

(Pub. L. 96-39, title III, Sec. 301, July 26, 1979, 93 Stat. 236;

Pub. L. 100-418, title VII, Sec. 7005(e), Aug. 23, 1988, 102 Stat.

1553; Pub. L. 103-182, title III, Sec. 381(a), Dec. 8, 1993, 107

Stat. 2128.)

-MISC1-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-182, Sec. 381(a)(1), substituted

''Subject to subsection (f) of this section, the President'' for

''The President''.

Subsec. (b)(1). Pub. L. 103-182, Sec. 381(a)(2), inserted ''or

the North American Free Trade Agreement'' after ''the Agreement''.

Subsecs. (e), (f). Pub. L. 103-182, Sec. 381(a)(3), added

subsecs. (e) and (f).

1988 - Subsec. (d). Pub. L. 100-418, Sec. 7004, 7005(e),

temporarily added subsec. (d) which read as follows: ''The

authority of the President under subsection (a) of this section to

waive any laws, regulation, procedure, or practice shall be

effective notwithstanding any other provision of law hereafter

enacted (excluding the provisions of and amendments made by the Buy

American Act of 1988) unless such other provision specifically

refers to and amends this section.'' See Termination Date of 1988

Amendment note below.

EFFECTIVE DATE OF 1993 AMENDMENT

Section 381(e) of title III of Pub. L. 103-182 provided that:

''The provisions of this subtitle (subtitle G (Sec. 381) of title

III of Pub. L. 103-182, amending this section, sections 2512 and

2518 of this title, and provisions set out as a note under section

903 of Title 7, Agriculture) take effect on the date the Agreement

(North American Free Trade Agreement) enters into force with

respect to the United States (Jan. 1, 1994).''

TERMINATION DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,

1996, unless Congress, after reviewing report required by former

section 2515(k) of this title, extends such date, see section 7004

of Pub. L. 100-418, set out as an Effective and Termination Dates

of 1988 Amendments note under section 10a of Title 41, Public

Contracts.

EFFECTIVE DATE

Section 309 of title III of Pub. L. 96-39 provided that: ''The

provisions of this title (this subchapter) shall be effective on

the date of enactment of this Act (July 26, 1979), except that -

''(1) the authority of the President to grant waivers under

section 303 (section 2513 of this title) shall be effective on

January 1, 1980; and

''(2) the authority of the President to grant waivers under

section 301 (this section) shall be effective on January 1,

1981.''

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to United

States Trade Representative, see section 1-201 of Ex. Ord. No.

12260, set out as a note below.

-EXEC-

EX. ORD. NO. 12260. AGREEMENT ON GOVERNMENT PROCUREMENT

Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, as amended by

Ex. Ord. No. 12347, Feb. 23, 1982, 47 F.R. 8149; Ex. Ord. No.

12388, Oct. 14, 1982, 47 F.R. 46245; Ex. Ord. No. 12474, Apr. 17,

1984, 49 F.R. 15539; Ex. Ord. No. 13118, Sec. 10(7), Mar. 31, 1999,

64 F.R. 16598; Ex. Ord. No. 13284, Sec. 12, Jan. 23, 2003, 68 F.R.

4076, provided:

By the authority vested in me as President by the Constitution

and statutes of the United States of America, including Title III

of the Trade Agreements Act of 1979 (19 U.S.C. 2511-2518), and

Section 301 of Title 3 of the United States Code, and in order to

implement the Agreement on Government Procurement, as defined in 19

U.S.C. 2518(1), it is hereby ordered as follows:

1-1. RESPONSIBILITIES

1-101. The obligations of the Agreement on Government Procurement

(Agreement on Government Procurement, General Agreement on Tariffs

and Trade, 12 April 1979, Geneva (GATT 1979)) apply to any

procurement of eligible products by the Executive agencies listed

in the Annex to this Order (eligible products are defined in

Section 308 of the Trade Agreements Act of 1979; 19 U.S.C.

2518(4)). Such procurement shall be in accord with the policies and

procedures of the Office of Federal Procurement Policy (41 U.S.C.

401 et seq.).

1-102. The United States Trade Representative, hereinafter

referred to as the Trade Representative, shall be responsible for

interpretation of the Agreement. The Trade Representative shall

seek the advice of the interagency organization established under

Section 242(a) of the Trade Expansion Act of 1962 (19 U.S.C.

1872(a)) and consult with affected Executive agencies, including

the Office of Federal Procurement Policy.

1-103. The interpretation of Article VIII:1 of the Agreement

shall be subject to the concurrence of the Secretary of Defense

1-104. The Trade Representative shall determine, from time to

time, the dollar equivalent of 150,000 Special Drawing Right units

and shall publish that determination in the Federal Register.

Procurement of less than 150,000 Special Drawing Right units is not

subject to the Agreement or this Order (Article I:1(b) of the

Agreement).

1-105. In order to ensure coordination of international trade

policy with regard to the implementation of the Agreement, agencies

shall consult in advance with the Trade Representative about

negotiations with foreign governments or instrumentalities which

concern government procurement.

1-2. DELEGATIONS AND AUTHORIZATION

1-201. The functions vested in the President by Sections 301,

302, 304, 305(c) and 306 of the Trade Agreements Act of 1979 (19

U.S.C. 2511, 2512, 2514, 2515(c) and 2516) are delegated to the

Trade Representative.

1-202. Notwithstanding the delegation in Section 1-201, the

Secretary of Defense is authorized, in accord with Section

302(b)(3) of the Trade Agreements Act of 1979 (19 U.S.C.

2512(b)(3)), to waive the prohibitions specified therein.

ANNEX

1. ACTION

2. Administrative Conference of the United States

3. American Battle Monuments Commission

4. Board for International Broadcasting

5. Civil Aeronautics Board

6. Commission on Civil Rights

7. Commodity Futures Trading Commission

8. Consumer Product Safety Commission

9. Department of Agriculture (The Agreement on Government

Procurement does not apply to procurement of agricultural products

made in furtherance of agricultural support programs or human

feeding programs)

10. Department of Commerce

11. Department of Defense (Excludes Corps of Engineers)

12. Department of Education

13. Department of Health and Human Services

14. Department of Homeland Security

15. Department of Housing and Urban Development

16. Department of the Interior (Excludes the Bureau of

Reclamation)

17. Department of Justice

18. Department of Labor

19. Department of State

20. Department of the Treasury

21. Environmental Protection Agency

22. Equal Employment Opportunity Commission

23. Executive Office of the President

24. Export-Import Bank of the United States

25. Farm Credit Administration

26. Federal Communications Commission

27. Federal Deposit Insurance Corporation

28. Federal Home Loan Bank Board

29. Federal Maritime Commission

30. Federal Mediation and Conciliation Service

31. Federal Trade Commission

32. General Services Administration (Purchases by the Tools

Commodity Center, and the Region 9 Office in San Francisco,

California are not included)

33. Interstate Commerce Commission

34. Merit Systems Protection Board

35. National Aeronautics and Space Administration

36. National Credit Union Administration

37. National Labor Relations Board

38. National Mediation Board

39. National Science Foundation

40. National Transportation Safety Board

41. Nuclear Regulatory Commission

42. Office of Personnel Management

43. Overseas Private Investment Corporation

44. Panama Canal Commission

45. Railroad Retirement Board

46. Securities and Exchange Commission

47. Selective Service System

48. Smithsonian Institution

49. United States Arms Control and Disarmament Agency

50. United States Information Agency

51. United States Agency for International Development

52. United States International Trade Commission

53. Veterans Administration

54. Maritime Administration of the Department of Transportation

55. The Peace Corps

(For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.)

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

EX. ORD. NO. 12849. IMPLEMENTATION OF AGREEMENT WITH EUROPEAN

COMMUNITY ON GOVERNMENT PROCUREMENT

Ex. Ord. No. 12849, May 25, 1993, 58 F.R. 30931, provided:

WHEREAS, the United States and the European Community (EC) have

entered into a Memorandum of Understanding on Government

Procurement (Agreement) that provides appropriate reciprocal

competitive government procurement opportunities;

WHEREAS, the commitments made in the Agreement are intended to

become part of an expanded General Agreement on Tariffs and Trade

Agreement on Government Procurement (GATT Code) and are an

important step toward an expanded GATT Code;

WHEREAS, as a result of these commitments, U.S. businesses will

obtain increased access to EC member state procurement for U.S.

goods and services;

WHEREAS, I have determined that it is inconsistent with the

public interest to apply the restrictions of the Buy American Act,

as amended (41 U.S.C. 10a-10d) (41 U.S.C. 10a, 10b, 10c), to

procurement covered by the Agreement;

NOW, THEREFORE, by virtue of the authority vested in me as

President by the Constitution and the laws of the United States of

America, including section 301 of title 3, United States Code, and

title III of the Trade Agreements Act of 1979, as amended (19

U.S.C. 2511-2518), and in order to implement the Agreement, it is

hereby ordered as follows:

Section 1. In applying the provisions of the Buy American Act,

the heads of the agencies listed in Annex 1, Parts A and B, of this

order are requested, as of the date of this order, to apply no

price differential between articles, materials, or supplies of U.S.

origin and those originating in the member states of the EC.

Sec. 2. For purposes of this order, the rule of origin specified

in section 308 of the Trade Agreements Act of 1979, as amended (19

U.S.C. 2518), shall apply in determining whether goods originate in

the member states of the EC.

Sec. 3. This order shall apply only to solicitations, issued by

agencies listed in Annex 1, Parts A and B, of this order, above the

threshold amounts set forth in Annex 2.

Sec. 4. This order shall apply to solicitations outstanding on

the date of this order, except for those for which the initial

deadline for receipt of bids or proposals has passed, and to all

solicitations issued after the date of this order.

Sec. 5. Except for procurements by the Department of Defense, the

United States Trade Representative (USTR) shall be responsible for

interpretation of the Agreement. The USTR shall seek the advice of

the interagency organization established under section 242(a) of

the Trade Expansion Act of 1962 (19 U.S.C. 1872(a)) and consult

with affected agencies, including the Office of Federal Procurement

Policy.

Sec. 6. This Executive order is effective immediately. Although

regulatory implementation of this order must await revisions to the

Federal Acquisition Regulation (FAR), it is expected that agencies

listed in Annex 1, Parts A and B, of this order will take all

appropriate actions in the interim to implement those aspects of

the order that are not dependent upon regulatory revision.

Sec. 7. Pursuant to section 25 of the Office of Federal

Procurement Policy Act, as amended (41 U.S.C. 421(a)), the Federal

Acquisition Regulatory Council shall ensure that the policies

established herein are incorporated in the FAR within 30 days from

the date this order is issued. William J. Clinton.

ANNEX 1A

Department of Agriculture

Department of Commerce

Department of Defense

Department of Education

Department of Energy (Not including national security procurement

made in support of safeguarding nuclear materials or technology and

entered into under the authority of the Atomic Energy Act (42

U.S.C. 2011 et seq.); and oil purchases related to the Strategic

Petroleum Reserve)

Department of Health and Human Services

Department of Housing and Urban Development

Department of the Interior

Department of Justice

Department of Labor

Department of State

Department of Transportation (The national security consideration

currently applicable to the Department of Defense under the GATT

Government Procurement Code is equally applicable under this

Agreement to the Coast Guard)

Department of the Treasury

United States Agency for International Development

General Services Administration (other than Federal Supply Groups

51 and 52 and Federal Supply Class 7340)

National Aeronautics and Space Administration

Department of Veterans Affairs

Environmental Protection Agency

United States Information Agency

National Science Foundation

Panama Canal Commission

Executive Office of the President

Farm Credit Administration

National Credit Union Administration

Merit Systems Protection Board

ACTION Agency

United States Arms Control and Disarmament Agency

Office of Thrift Supervision

Federal Housing Finance Board

National Labor Relations Board

National Mediation Board

Railroad Retirement Board

American Battle Monuments Commission

Federal Communications Commission

Federal Trade Commission

Interstate Commerce Commission

Securities and Exchange Commission

Office of Personnel Management

United States International Trade Commission

Export-Import Bank of the United States

Federal Mediation and Conciliation Service

Selective Service System

Smithsonian Institution

Federal Deposit Insurance Corporation

Consumer Product Safety Commission

Equal Employment Opportunity Commission

Federal Maritime Commission

National Transportation Safety Board

Nuclear Regulatory Commission

Overseas Private Investment Corporation

Administrative Conference of the United States

Board for International Broadcasting

Commission on Civil Rights

Commodity Futures Trading Commission

The Peace Corps

National Archives and Records Administration

ANNEX 1B

The Power Marketing Administrations of the Department of Energy

Tennessee Valley Authority

ANNEX 2

Thresholds Applicable to Agencies listed in Annex 1A

Goods contracts - 130,000 SDRs (currently $176,000)

Construction contracts - $6,500,000

Thresholds Applicable to Agencies listed in Annex 1B

Goods contracts - $450,000

Construction contracts - $6,500,000

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

(For abolition, transfer of functions, and treatment of

references to United States Arms Control and Disarmament Agency,

see section 6511 et seq. of Title 22, Foreign Relations and

Intercourse.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2512, 2514, 2515 of this

title.

-CITE-

19 USC Sec. 2512 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2512. Authority to encourage reciprocal competitive

procurement practices

-STATUTE-

(a) Authority to bar procurement from non-designated countries

(1) In general

Subject to paragraph (2), the President, in order to encourage

additional countries to become parties to the Agreement and to

provide appropriate reciprocal competitive government procurement

opportunities to United States products and suppliers of such

products -

(A) shall, with respect to procurement covered by the

Agreement, prohibit the procurement, after the date on which

any waiver under section 2511(a) of this title first takes

effect, of products -

(i) which are products of a foreign country or

instrumentality which is not designated pursuant to section

2511(b) of this title, and

(ii) which would otherwise be eligible products; and

(B) may, with respect to procurement covered by the

Agreement, take such other actions within the President's

authority as the President deems necessary.

(2) Exception

Paragraph (1) shall not apply in the case of procurements for

which -

(A) there are no offers of products or services of the United

States or of eligible products; or

(B) the offers of products or services of the United States

or of eligible products are insufficient to fulfill the

requirements of the United States Government.

(b) Deferrals and waivers

Notwithstanding subsection (a) of this section, but in

furtherance of the objective of encouraging countries to become

parties to the Agreement and provide appropriate reciprocal

competitive government procurement opportunities to United States

products and suppliers of such products, the President may -

(1) waive the prohibition required by subsection (a)(1) of this

section on procurement of products of a foreign country or

instrumentality which has not yet become a party to the Agreement

but -

(A) has agreed to apply transparent and competitive

procedures to its government procurement equivalent to those in

the Agreement, and

(B) maintains and enforces effective prohibitions on bribery

and other corrupt practices in connection with its government

procurement;

(2) authorize agency heads to waive, subject to interagency

review and general policy guidance by the organization

established under section 1872(a) of this title, such prohibition

on a case-by-case basis when in the national interest; and

(3) authorize the Secretary of Defense to waive, subject to

interagency review and policy guidance by the organization

established under section 1872(a) of this title, such prohibition

for products of any country or instrumentality which enters into

a reciprocal procurement agreement with the Department of

Defense.

Before exercising the waiver authority under paragraph (1), the

President shall consult with the appropriate private sector

advisory committees established under section 2155 of this title

and with the appropriate committees of the Congress.

(c) Report on impact of restrictions

(1) Impact on the economy

On or before July 1, 1981, the President shall report to the

Committee on Ways and Means and the Committee on Government

Operations of the House of Representatives and to the Committee

on Finance and the Committee on Governmental Affairs of the

Senate on the effects on the United States economy (including

effects on employment, production, competition, costs and prices,

technological development, export trade, balance of payments,

inflation, and the Federal budget) of the refusal of developed

countries to allow the Agreement to cover the entities of the

governments of such countries which are the principal purchasers

of goods and equipment in appropriate product sectors.

(2) Recommendations for attaining reciprocity

The report required by paragraph (1) shall include an

evaluation of alternative means to obtain equity and reciprocity

in such product sectors, including (A) prohibiting the

procurement of products of such countries by United States

entities not covered by the Agreement, and (B) modifying the

application of title III of the Act of March 3, 1933 (41 U.S.C.

10a et seq.), commonly referred to as the Buy American Act. The

report shall include an analysis of the effect of such

alternative means on the United States economy (including effects

on employment, production, competition, costs and prices,

technological development, export trade, balance of payments,

inflation, and the Federal budget), and on successful

negotiations on the expansion of the coverage of the Agreement

pursuant to section 2514(a) and (b) of this title, other trade

negotiating objectives, the relationship of the Federal

Government to State and local governments, and such other factors

as the President deems appropriate.

(3) Consultation

In the preparation of the report required by paragraph (1) and

the evaluation and analysis required by paragraph (2), the

President shall consult with representatives of the public,

industry, and labor, and make available pertinent,

nonconfidential information obtained in the course of such

preparation to the advisory committees established pursuant to

section 2155 of this title.

(d) Proposed action

(1) Presidential report

On or before October 1, 1981, the President shall prepare and

transmit to the congressional committees referred to in

subsection (c)(1) of this section a report which describes the

actions he deems appropriate to establish reciprocity with major

industrialized countries in the area of Government procurement.

(2) Procedure

(A) Presidential determination

If the President determines that any changes in existing law

or new statutory authority are required to authorize or to

implement any action proposed in the report submitted under

paragraph (1), he shall, on or after January 1, 1982, submit to

the Congress a bill to accomplish such changes or provide such

new statutory authority. Prior to submitting such a bill, the

President shall consult with the appropriate committees of the

Congress having jurisdiction over legislation involving subject

matters which would be affected by such action, and shall

submit to such committees a proposed draft of such bill.

(B) Congressional consideration

The appropriate committee of each House of the Congress shall

give a bill submitted pursuant to subparagraph (A) prompt

consideration and shall make its best efforts to take final

committee action on such bill in an expeditious manner.

-SOURCE-

(Pub. L. 96-39, title III, Sec. 302, July 26, 1979, 93 Stat. 236;

Pub. L. 103-182, title III, Sec. 381(b), Dec. 8, 1993, 107 Stat.

2129; Pub. L. 103-465, title III, Sec. 343(a), (b), Dec. 8, 1994,

108 Stat. 4954, 4955.)

-REFTEXT-

REFERENCES IN TEXT

Title III of the Act of March 3, 1933, referred to in subsec.

(c)(2), is act Mar. 3, 1933, ch. 212, title III, 47 Stat. 1520, as

amended, known as the Buy American Act, which is classified

generally to sections 10a, 10b, and 10c of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Short Title note set out under section 10a of Title 41 and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-465, Sec. 343(a), amended heading

and text of subsec. (a) generally. Prior to amendment, text read

as follows: ''With respect to procurement covered by the Agreement,

the President, in order to encourage additional countries to become

parties to the Agreement and to provide appropriate reciprocal

competitive government procurement opportunities to United States

products and suppliers of such products -

''(1) shall prohibit the procurement, after the date on which

any waiver under section 2511(a) of this title first takes

effect, of products (A) which are products of a foreign country

or instrumentality which is not designated pursuant to section

2511(b) of this title, and (B) which are products covered under

the Agreement for procurement by the United States; and

''(2) may take such other actions within his authority as he

deems necessary.''

Subsec. (b). Pub. L. 103-465, Sec. 343(b)(2), inserted concluding

provisions.

Subsec. (b)(1). Pub. L. 103-465, Sec. 343(b)(1), amended par. (1)

generally. Prior to amendment, par. (1) read as follows: ''delay,

for a period not to exceed two years, the prohibition of

procurement, required pursuant to subsection (a)(1) of this

section, of products of a foreign country or instrumentality which

is not designated pursuant to section 2511(b) of this title, except

that no such delay shall be granted with respect to the procurement

of products of any major industrial country;''.

1993 - Subsec. (a)(1). Pub. L. 103-182 substituted ''are products

covered under the Agreement for procurement by the United States''

for ''would otherwise be eligible products''.

-CHANGE-

CHANGE OF NAME

Committee on Government Operations of House of Representatives

treated as referring to Committee on Government Reform and

Oversight of House of Representatives by section 1(a) of Pub. L.

104-14, set out as a note under section 21 of Title 2, The

Congress. Committee on Government Reform and Oversight of House of

Representatives changed to Committee on Government Reform of House

of Representatives by House Resolution No. 5, One Hundred Sixth

Congress, Jan. 6, 1999.

-MISC4-

EFFECTIVE DATE OF 1994 AMENDMENT

Section 344 of title III of Pub. L. 103-465 provided that:

''(a) In General. - Except as provided in subsection (b), the

amendments made by this subtitle (subtitle E (Sec. 341-344 of title

III of Pub. L. 103-465, amending this section and sections 2513 to

2515, 2517, and 2518 of this title, repealing section 2516 of this

title, and amending provisions set out as a note under section 903

of Title 7, Agriculture) take effect on the date on which the

Agreement on Government Procurement referred to in section

101(d)(17) (19 U.S.C. 3511(d)(17)) enters into force with respect

to the United States (Jan. 1, 1995).

''(b) Section 342(g). - The amendments made by section 342(g)

(amending provisions set out as a note under section 903 of Title

7) take effect on the date on which the WTO Agreement enters into

force with respect to the United States (Jan. 1, 1995).''

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 381(e) of Pub. L.

103-182, set out as a note under section 2511 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to United

States Trade Representative, with authority delegated to Secretary

of Defense to waive the prohibitions contained in subsec. (b)(3) of

this section, see section 1-201 of Ex. Ord. No. 12260, Dec. 31,

1980, 46 F.R. 1653, set out as a note under section 2511 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2514, 2515 of this title.

-CITE-

19 USC Sec. 2513 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2513. Waiver of discriminatory purchasing requirements with

respect to purchases of civil aircraft

-STATUTE-

The President may waive the application of the provisions of

title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.),

popularly referred to as the Buy American Act, in the case of any

procurement of civil aircraft and related articles of a country or

instrumentality which is a party to the Agreement on Trade in Civil

Aircraft referred to in section 2503(c) of this title and approved

under section 2503(a) of this title. The President may modify or

withdraw any waiver granted pursuant to this section.

-SOURCE-

(Pub. L. 96-39, title III, Sec. 303, July 26, 1979, 93 Stat. 238;

Pub. L. 103-465, title III, Sec. 342(a), Dec. 8, 1994, 108 Stat.

4953.)

-REFTEXT-

REFERENCES IN TEXT

Title III of the Act of March 3, 1933, referred to in text, is

act Mar. 3, 1933, ch. 212, title III, 47 Stat. 1520, as amended,

known as the Buy American Act, which is classified generally to

sections 10a, 10b, and 10c of Title 41, Public Contracts. For

complete classification of this Act to the Code, see Short Title

note set out under section 10a of Title 41 and Tables.

-MISC2-

AMENDMENTS

1994 - Pub. L. 103-465 inserted ''referred to in section 2503(c)

of this title and approved under section 2503(a) of this title''

after ''Civil Aircraft''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

Agreement on Government Procurement, referred to in section

3511(d)(17) of this title, enters into force with respect to the

United States (Jan. 1, 1995), see section 344(a) of Pub. L.

103-465, set out as a note under section 2512 of this title.

EFFECTIVE DATE

Section effective July 26, 1979, but authority of President to

grant waivers under this section effective on Jan. 1, 1980, see

section 309 of Pub. L. 96-39, set out as a note under section 2511

of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to United

States Trade Representative, see section 1-103(b) of Ex. Ord. No.

12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section

2171 of this title.

-CITE-

19 USC Sec. 2514 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2514. Expansion of the coverage of the Agreement

-STATUTE-

(a) Overall negotiating objective

The President shall seek in the renegotiations provided for in

article XXIV(7) of the Agreement more open and equitable market

access abroad, and the harmonization, reduction, or elimination of

devices which distort trade or commerce related to Government

procurement, with the overall goal of maximizing the economic

benefit to the United States through maintaining and enlarging

foreign markets for products of United States agriculture,

industry, mining, and commerce, the development of fair and

equitable market opportunities, and open and nondiscriminatory

world trade. In carrying out the provisions of this subsection,

the President shall consider the assessment made in the report

required under section 2516(a) (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(b) Sector negotiating objectives

The President shall seek, consistent with the overall objective

set forth in subsection (a) of this section and to the maximum

extent feasible, with respect to appropriate product sectors,

competitive opportunities for the export of United States products

to the developed countries of the world equivalent to the

competitive opportunities afforded by the United States, taking

into account all barriers to, and other distortions of,

international trade affecting that sector.

(c) Independent verification objective

The President shall seek to establish in the renegotiation

provided for in article XXIV(7) of the Agreement a system for

independent verification of information provided by parties to the

Agreement to the Committee on Government Procurement pursuant to

article XIX(5) of the Agreement.

(d) Reports on negotiations

(1) Report in the event of inadequate progress

If, during the renegotiations of the Agreement, the President

at any time determines that the renegotiations are not

progressing satisfactorily and are not likely to result, within

twelve months of the commencement thereof, in an expansion of the

Agreement to cover purchases by the entities of the governments

of developed countries which are the principal purchasers of

goods and equipment in appropriate product sectors, he shall so

report to the congressional committees referred to in section

2512(c)(1) of this title. Taking into account the objectives set

forth in subsections (a) and (b) of this section and the factors

required to be analyzed under section 2512(c) of this title, the

President shall further report to such committees appropriate

actions to seek reciprocity in such product sectors with such

countries in the area of government procurement.

(2) Legislative recommendations

Taking into account the factors required to be analyzed under

section 2512(c) of this title, the President may recommend to the

Congress legislation (with respect to entities of the Government

which are not covered by the Agreement) which may prohibit such

entities from purchasing products of such countries.

(3) Annual reports

Each annual report of the President under section 163(a) of the

Trade Act of 1974 (19 U.S.C. 2213(a)) made after July 26, 1979

shall report the actions, if any, the President deemed

appropriate to establish reciprocity in appropriate product

sectors with major industrial countries in the area of government

procurement.

(e) Extension of nondiscrimination and national treatment

Before exercising the waiver authority in section 2511 of this

title for procurement not covered by the Agreement on the date it

enters into force with respect to the United States, the President

shall follow the consultation provisions of section 135 (19 U.S.C.

2155) and chapter 6 of title I of the Trade Act of 1974 (19 U.S.C.

2211 et seq.) for private sector and congressional consultations.

-SOURCE-

(Pub. L. 96-39, title III, Sec. 304, July 26, 1979, 93 Stat. 238;

Pub. L. 103-465, title III, Sec. 342(b), Dec. 8, 1994, 108 Stat.

4953; Pub. L. 104-295, Sec. 20(c)(11), Oct. 11, 1996, 110 Stat.

3528.)

-REFTEXT-

REFERENCES IN TEXT

Section 2516 of this title, referred to in subsec. (a), was

repealed by Pub. L. 103-355, title VII, Sec. 7206(c), Oct. 13,

1994, 108 Stat. 3382, and Pub. L. 103-465, title III, Sec. 342(d),

Dec. 8, 1994, 108 Stat. 4953.

The Trade Act of 1974, referred to in subsec. (e), is Pub. L.

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 6 of

title I of the Trade Act of 1974 is classified generally to part 6

of subchapter I (Sec. 2211 et seq.) of chapter 12 of this title.

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

1996 - Subsec. (a). Pub. L. 104-295, Sec. 20(c)(11)(A), struck

out comma after ''XXIV(7)''.

Subsec. (c). Pub. L. 104-295, Sec. 20(c)(11)(B), struck out comma

after ''XXIV(7)'' and ''XIX(5)''.

1994 - Subsec. (a). Pub. L. 103-465, Sec. 342(b)(1), substituted

''article XXIV(7)'' for ''part IX, paragraph 6''.

Subsec. (c). Pub. L. 103-465, Sec. 342(b)(1), (2), substituted

''article XXIV(7)'' for ''part IX, paragraph 6'' and ''article

XIX(5)'' for ''part VI, paragraph 9''.

Subsec. (e). Pub. L. 103-465, Sec. 342(b)(3), substituted ''the

date it enters into force with respect to the United States'' for

''July 26, 1979''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

Agreement on Government Procurement, referred to in section

3511(d)(17) of this title, enters into force with respect to the

United States (Jan. 1, 1995), see section 344(a) of Pub. L.

103-465, set out as a note under section 2512 of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to United

States Trade Representative, see section 1-201 of Ex. Ord. No.

12260, Dec. 31, 1980, 46 F.R. 1653, set out as a note under section

2511 of this title.

-MISC5-

AGREEMENT ON GOVERNMENT PROCUREMENT: ENTRY INTO FORCE

The Agreement on Government Procurement, as referred to in

section 3511(d)(17) of this title, entered into force with respect

to the United States on Jan. 1, 1995. See note set out under

section 3511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2512 of this title.

-CITE-

19 USC Sec. 2515 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2515. Monitoring and enforcement

-STATUTE-

(a) Monitoring and enforcement structure recommendations

In the preparation of the recommendations for the reorganization

of trade functions, the President shall ensure that careful

consideration is given to monitoring and enforcing the requirements

of the Agreement and this subchapter, with particular regard to the

tendering procedures required by the Agreement or otherwise agreed

to by a country or instrumentality likely to be designated pursuant

to section 2511(b) of this title.

(b) Rules of origin

(1) Advisory rulings and final determinations

For the purposes of this subchapter, the Secretary of the

Treasury shall provide for the prompt issuance of advisory

rulings and final determinations on whether, under section

2518(4)(B) of this title, an article is or would be a product of

a foreign country or instrumentality designated pursuant to

section 2511(b) of this title.

(2) Penalties for fraudulent conduct

In addition to any other provisions of law which may be

applicable, section 1001 of title 18 shall apply to fraudulent

conduct with respect to the origin of products for purposes of

qualifying for a waiver under section 2511 of this title or

avoiding a prohibition under section 2512 of this title.

(c) Report to Congress on rules of origin

(1) Domestic administrative practices

As soon as practicable after the close of the two-year period

beginning on the date on which any waiver under section 2511(a)

of this title first takes effect, the President shall prepare and

transmit to Congress a report containing an evaluation of

administrative practices under any provision of law which

requires determinations to be made of the country of origin of

goods, products, commodities, or other articles of commerce.

Such evaluation shall be accompanied by the President's

recommendations for legislative and executive measures required

to improve and simplify and to make more uniform and consistent

such practices. Such evaluation and recommendations shall take

into account the special problems affecting insular possessions

of the United States with respect to such practices.

(2) Foreign administrative practices

The report required under paragraph (1) shall contain an

evaluation of the administrative practices under the laws of each

major industrial country which require determinations to be made

of the country of origin of goods, products, commodities, or

other articles of commerce, including an assessment of such

practices on the exports of the United States.

-SOURCE-

(Pub. L. 96-39, title III, Sec. 305, July 26, 1979, 93 Stat. 239;

Pub. L. 100-418, title VII, Sec. 7003, Aug. 23, 1988, 102 Stat.

1548; Pub. L. 103-465, title III, Sec. 341, 342(c), 343(c), Dec. 8,

1994, 108 Stat. 4951, 4953, 4955; Pub. L. 104-295, Sec. 20(c)(10),

(13), Oct. 11, 1996, 110 Stat. 3528.)

-MISC1-

AMENDMENTS

1996 - Subsec. (d)(2)(B), (C). Pub. L. 104-295, Sec. 20(c)(10),

struck out ''or'' at end of subpar. (B) and substituted semicolon

for period at end of subpar. (C).

Subsec. (g)(1). Pub. L. 104-295, Sec. 20(c)(13)(A), in

introductory provisions, substituted ''of subsection (d)(2) of this

section'' for ''of such subsection'' and inserted ''of subsection

(d)(2) of this section'' after ''(as the case may be)''.

Subsec. (g)(3). Pub. L. 104-295, Sec. 20(c)(13)(B), substituted

''eliminated the practices'' for ''eliminated the the practices''

and inserted ''of subsection (d)(2) of this section'' after ''(as

the case may be)''.

1994 - Subsec. (d)(1). Pub. L. 103-465, Sec. 342(c), substituted

''April 30 of each year,'' for ''April 30, 1990, and annually on

April 30 thereafter,''.

Subsec. (d)(2)(D), (E). Pub. L. 103-465, Sec. 341(c)(1), added

subpars. (D) and (E) which read as follows:

''(D)(i) are not signatories to the Agreement;

''(ii) fail to apply transparent and competitive procedures to

its government procurement equivalent to those in the Agreement;

and

''(iii) whose products or services are acquired in significant

amounts by the United States Government; or

''(E)(i) are not signatories to the Agreement;

''(ii) fail to maintain and enforce effective prohibitions on

bribery and other corrupt practices in connection with government

procurement; and

''(iii) whose products or services are acquired in significant

amounts by the United States Government.''

Subsec. (d)(3)(C). Pub. L. 103-465, Sec. 341(c)(2), inserted

before period at end '', including the failure to maintain and

enforce effective prohibitions on bribery and other corrupt

practices in connection with government procurement''.

Subsec. (f)(2). Pub. L. 103-465, Sec. 341(a)(1), substituted

''the 18 months'' for ''a year'' in introductory provisions.

Subsec. (f)(2)(B) to (D). Pub. L. 103-465, Sec. 341(a)(2)-(4),

struck out ''or'' at end of subpar. (B), redesignated subpar. (C)

as (D), and added a new subpar. (C) which read as follows: ''the

procedures result in a determination providing a specific period of

time for the other participant to bring its practices into

compliance with the Agreement, or''.

Subsec. (f)(3). Pub. L. 103-465, Sec. 341(b)(1), amended heading

and text of par. (3) to read as follows:

''(3) Sanctions after dispute resolution fails. -

''(A) Failures resulting in sanctions. - If -

''(i) within 18 months from the date dispute settlement

procedures are initiated with a signatory country pursuant to

this section -

''(I) such procedures are not concluded, or

''(II) the country has not met the requirements of

subparagraph (A) or (B) of paragraph (2), or

''(ii) the period of time provided for pursuant to paragraph

(2)(C) has expired and procedures for suspending concessions

under the Agreement have been completed,

then the sanctions described in subparagraph (B) shall be

imposed.

''(B) Sanctions. -

''(i) In general. - If subparagraph (A) applies to any

signatory country -

''(I) the signatory country shall be considered as a

signatory not in good standing of the Agreement and the

prohibition on procurement contained in section 10b-1 of

title 41 shall apply to such country, and

''(II) the President shall revoke the waiver of

discriminatory purchasing requirements granted to the

signatory country pursuant to section 2511(a) of this title.

''(ii) Time sanctions are imposed. - Any sanction -

''(I) described in clause (i)(I) shall apply from the date

that is the last day of the 18-month period described in

subparagraph (A)(i) or, in the case of paragraph (2)(C), from

the date procedures for suspending concessions under the

Agreement have been completed, and

''(II) described in clause (i)(II) shall apply beginning on

the day after the date described in subclause (I).''

Subsec. (f)(4). Pub. L. 103-465, Sec. 341(b)(2), substituted

''subclause (I) or (II) of paragraph (3)(B)(i)'' for ''subparagraph

(A) or (B) of paragraph (3)'' in introductory provisions.

Subsec. (g)(1). Pub. L. 103-465, Sec. 343(c)(1), in introductory

provisions, substituted ''(B), (C), (D), or (E)'' for ''(B) or

(C)'' and ''the practices regarding government procurement

identified under subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii)

(as the case may be)'' for ''their discriminatory procurement

practices''.

Subsec. (g)(3). Pub. L. 103-465, Sec. 343(c)(2), substituted

''the practices regarding government procurement identified under

subparagraph (B)(ii), (C)(ii), (D)(ii), or (E)(ii) (as the case may

be)'' for ''discrimination identified pursuant to subsection

(d)(2)(B) or (C) of this section''.

1988 - Subsecs. (d) to (k). Pub. L. 100-418, Sec. 7003, 7004,

temporarily added subsecs. (d) to (k) which read as follows:

''(d) Annual Report on Foreign Discrimination. -

''(1) Annual report required. - The President shall, no later

than April 30 1990, and annually on April 30 thereafter, submit

to the appropriate committees of the House of Representatives and

the Committee on Governmental Affairs of the Senate, as well as

other appropriate Senate committees, a report on the extent to

which foreign countries discriminate against United States

products or services in making government procurements.

''(2) Identifications required. - In the annual report, the

President shall identify (and continue to identify subject to

subsections (f)(5) and (g)(3) of this section) any countries,

other than least developed countries, that -

''(A) are signatories to the Agreement and not in compliance

with the requirements of the Agreement;

''(B)(i) are signatories to the Agreement; (ii) are in

compliance with the Agreement but, in the government

procurement of products or services not covered by the

Agreement, maintain a significant and persistent pattern or

practice of discrimination against United States products or

services which results in identifiable harm to United States

businesses; and (iii) whose products or services are acquired

in significant amounts by the United States Government; or

''(C)(i) are not signatories to the Agreement; (ii) maintain,

in government procurement, a significant and persistent pattern

or practice of discrimination against United States products or

services which results in identifiable harm to United States

businesses; and (iii) whose products or services are acquired

in significant amounts by the United States Government.

''(3) Considerations in making identifications. - In making the

identifications required by paragraph (1), the President shall -

''(A) use the requirements of the Agreement, government

procurement practices, and the effects of such practices on

United States businesses as a basis for evaluating whether the

procurement practices of foreign governments do not provide

fair market opportunities for United States products or

services;

''(B) take into account, among other factors, whether and to

what extent countries that are signatories to the Agreement,

and other countries described in paragraph (1) of this

subsection -

''(i) use sole-sourcing or otherwise noncompetitive

procedures for procurements that could have been conducted

using competitive procedures;

''(ii) conduct what normally would have been one

procurement as two or more procurements, to decrease the

anticipated contract values below the Agreement's value

threshold or to make the procurements less attractive to

United States businesses;

''(iii) announce procurement opportunities with inadequate

time intervals for United States businesses to submit bids;

and

''(iv) use specifications in such a way as to limit the

ability of United States suppliers to participate in

procurements; and

''(C) use any other additional criteria deemed appropriate.

''(4) Contents of reports. - The reports required by this

subsection shall include, with respect to each country identified

under subparagraph (A), (B), or (C) of paragraph (1), the

following:

''(A) a description of the specific nature of the

discrimination, including (for signatory countries) any

provision of the Agreement with which the country is not in

compliance;

''(B) an identification of the United States products or

services that are affected by the noncompliance or

discrimination;

''(C) an analysis of the impact of the noncompliance or

discrimination on the commerce of the United States and the

ability of United States companies to compete in foreign

government procurement markets; and

''(D) a description of the status, action taken, and

disposition of cases of noncompliance or discrimination

identified in the preceding annual report with respect to such

country.

''(5) Information and advice from government agencies and

united states businesses. - In developing the annual reports

required by this subsection, the President shall seek information

and advice from executive agencies through the interagency trade

organization established under section 1872(a) of this title, and

from United States businesses in the United States and in

countries that are signatories to the Agreement and in other

foreign countries whose products or services are acquired in

significant amounts by the United States Government.

''(6) Impact of noncompliance. - The President shall take into

account, in identifying countries in the annual report and in any

action required by this section, the relative impact of any

noncompliance with the Agreement or of other discrimination on

United States commerce and the extent to which such noncompliance

or discrimination has impeded the ability of United States

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.

''(7) Impact on procurement costs. - Such report shall also

include an analysis of the impact on United States Government

procurement costs that may occur as a consequence of any

sanctions that may be required by subsection (f) or (g) of this

section.

''(e) Consultation. - No later than the date the annual report is

submitted under subsection (d)(1) of this section, the United

States Trade Representative, on behalf of the United States, shall

request consultations with any countries identified in the report

to obtain their compliance with the Agreement or the elimination of

their discriminatory procurement practices unless the country is

identified as discriminatory pursuant to subsection (d)(1) of this

section in the preceding annual report.

''(f) Procedures With Respect to Violations of Agreement. -

''(1) Initiation of dispute settlement procedures. - If, within

60 days after the annual report is submitted under subsection

(d)(1) of this section, a signatory country identified pursuant

to subsection (d)(1)(A) of this section has not complied with the

Agreement, then the United States Trade Representative shall

promptly request proceedings on the matter under the formal

dispute settlement procedures provided under the Agreement unless

such proceedings are already underway pursuant to the

identification of the signatory country under subsection (d)(1)

of this section as not in compliance in a preceding annual

report.

''(2) Settlement of disputes. - If, before the end of a year

following the initiation of dispute settlement procedures -

''(A) the other participant to the dispute settlement

procedures has complied with the Agreement,

''(B) the other participant to the procedures takes the

action recommended as a result of the procedures to the

satisfaction of the President, or

''(C) the procedures result in a determination requiring no

action by the other participant,

the President shall take no action to limit Government

procurement from that participant.

''(3) Sanctions after failure of dispute resolution. - If the

dispute settlement procedures initiated pursuant to this

subsection with any signatory country to the Agreement are not

concluded within one year from their initiation or the country

has not met the requirements of paragraph (2)(A) or (2)(B), then

-

''(A) from the end of such one year period, such signatory

country shall be considered as a signatory not in good standing

of the Agreement and the prohibition on procurement contained

in section 10b-1 of title 41 shall apply to such country; and

''(B) on the day after the end of such one year period, the

President shall revoke the waiver of discriminatory purchasing

requirements granted to that signatory country pursuant to

section 2511(a) of this title.

''(4) Withholding and modification of sanctions. - If the

President determines that imposing or continuing the sanctions

required by subparagraph (A) or (B) of paragraph (3) would harm

the public interest of the United States, the President may, to

the extent necessary to apply appropriate limitations that are

equivalent, in their effect, to the noncompliance with the

Agreement by that signatory country -

''(A) withhold the imposition of either (but not both) of

such sanctions;

''(B) modify or restrict the application of either or both

such sanctions, subject to such terms and conditions as the

President considers appropriate; or

''(C) take any combination of the actions permitted by

subparagraph (A) or (B) of this paragraph.

''(5) Termination of sanctions and reinstatement of waivers. -

The President may terminate the sanctions imposed under paragraph

(3) or (4), reinstate the waiver of discriminatory purchasing

requirements granted to that signatory country pursuant to

section 2511(a) of this title, and remove that country from the

report under subsection (d)(1) of this section at such time as

the President determines that -

''(A) the signatory country has complied with the Agreement;

''(B) the signatory country has taken corrective action as a

result of the dispute settlement procedures to the satisfaction

of the President; or

''(C) the dispute settlement procedures result in a

determination requiring no action by the other signatory

country.

''(g) Procedures With Respect to Other Discrimination. -

''(1) Imposition of sanctions. - If, within 60 days after the

annual report is submitted under subsection (d)(1) of this

section, a country that is identified pursuant to subparagraph

(B) or (C) of such subsection has not eliminated their

discriminatory procurement practices, then, on the day after the

end of such 60-day period -

''(A) the President shall identify such country as a country

that maintains, in government procurement, a significant and

persistent pattern or practice of discrimination against United

States products or services which results in identifiable harm

to United States businesses; and

''(B) the prohibition on procurement contained in section

10b-1 of title 41 shall apply to such country.

''(2) Withholding and modification of sanctions. - If the

President determines that imposing or continuing the sanction

required by paragraph (1) would harm the public interest of the

United States, the President may, to the extent necessary to

impose appropriate limitations that are equivalent, in their

effect, to the discrimination against United States products or

services in government procurement by that country, modify or

restrict the application of such sanction, subject to such terms

and conditions as the President considers appropriate.

''(3) Termination of sanctions. - The President may terminate

the sanctions imposed under paragraph (1) or (2) and remove a

country from the report under subsection (d)(1) of this section

at such time as the President determines that the country has

eliminated the discrimination identified pursuant to subsection

(d)(2)(B) or (C) of this section.

''(h) Limitations on Imposing Sanctions. -

''(1) Avoiding adverse impact on competition. - The President

shall not take any action under subsection (f) or (g) of this

section if the President determines that such action -

''(A) would limit the procurement or class of procurements

to, or would establish a preference for, the products or

services of a single manufacturer or supplier; or

''(B) would, with respect to any procurement or class of

procurements, result in an insufficient number of potential or

actual bidders to assure procurement of services, articles,

materials, or supplies of requisite quality at competitive

prices.

''(2) Advice from u.s. agencies and businesses. - The

President, in taking any action under this subsection to limit

government procurements from foreign countries, shall seek the

advice of executive agencies through the interagency trade

organization established under section 1872(a) of this title and

the advice of United States businesses and other interested

parties.

''(i) Renegotiation To Secure Full and Open Competition. - The

President shall instruct the United States Trade Representative, in

conducting renegotiations of the Agreement, to seek improvements in

the Agreement that will secure full and open competition consistent

with the requirements imposed by the amendments made by the

Competition in Contracting Act (Public Law 98-369; 98 Stat. 1175).

''(j) Federal Register Notices of Actions. -

''(1) Notices required. - A notice shall be published in the

Federal Register on the date of any action under this section,

describing -

''(A) the results of dispute settlement proceedings under

subsection (f)(2) of this section;

''(B) any sanction imposed under subsection (f)(3) or (g)(1)

of this section;

''(C) any withholding, modification, or restriction of any

sanction under subsection (f)(4) or (g)(2) of this section; and

''(D) the termination of any sanction under subsection (f)(5)

or (g)(3) of this section.

''(2) Publication of determinations lifting sanctions. - A

notice describing the termination of any sanction under

subsection (f)(5) or (g)(3) of this section shall include a copy

of the President's determination under such subsection.

''(k) General Report on Actions Under This Section. -

''(1) Advice to congress. - The President shall, as necessary,

advise the Congress and, by no later than April 30, 1994, submit

to the the (sic) appropriate committees of the House of

Representatives, and to the Committee on Governmental Affairs and

other appropriate committees of the Senate, a general report on

actions taken pursuant to this section.

''(2) Contents of report. - The general report required by this

subsection shall include an evaluation of the adequacy and

effectiveness of actions taken pursuant to subsections (e), (f),

and (g) of this section as a means toward eliminating

discriminatory government procurement practices against United

States businesses.

''(3) Legislative recommendations. - The general report may

also include, if appropriate, legislative recommendations for

enhancing the usefulness of this section or for other measures to

be used as means for eliminating or responding to discriminatory

foreign government procurement practices.''

See Termination Date of 1988 Amendment note below.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

Agreement on Government Procurement, referred to in section

3511(d)(17) of this title, enters into force with respect to the

United States (Jan. 1, 1995), see section 344(a) of Pub. L.

103-465, set out as a note under section 2512 of this title.

TERMINATION DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 to cease to be effective on Apr. 30,

1996, unless Congress, after reviewing report required by former

subsection (k) of this section, extends such date, see section 7004

of Pub. L. 100-418, set out as an Effective and Termination Dates

of 1988 Amendments note under section 10a of Title 41, Public

Contracts.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Secretary of the Treasury under subsec. (b) of this

section transferred to Secretary of Commerce, to exercise in

consultation with Secretary of the Treasury, by section 5(a)(1)(A)

of Reorg. Plan No. 3 of 1979, 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.

Pub. L. 96-609, title II, Sec. 205, Dec. 28, 1980, 94 Stat. 3562,

provided that: ''Notwithstanding subparagraph (1)(A) of subsection

5(a) of Reorganization Plan No. 3 of 1979 (44 F.R. 69272, 93 Stat.

1381) (set out as a note under section 2171 of this title), the

Secretary of the Treasury or his delegate shall issue such advisory

rulings and make such determinations as are authorized by

subsection 305(b)(1) of the Trade Agreements Act of 1979 (19 U.S.C.

2515(b)(1)).''

DELEGATION OF FUNCTIONS

Functions of President under subsec. (c) of this section

delegated to United States Trade Representative, see section 1-201

of Ex. Ord. No. 12260, Dec. 31, 1980, 46 F.R. 1653, set out as a

note under section 2511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 24 section 225h; title 28

sections 1581, 2631, 2636, 2640; title 49 section 50102.

-CITE-

19 USC Sec. 2516 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2516. Repealed. Pub. L. 103-355, title VII, Sec. 7206(c), Oct.

13, 1994, 108 Stat. 3382; Pub. L. 103-465, title III, Sec.

342(d), Dec. 8, 1994, 108 Stat. 4953

-MISC1-

Section, Pub. L. 96-39, title III, Sec. 306, July 26, 1979, 93

Stat. 240, related to labor surplus area studies.

EFFECTIVE DATE OF REPEAL

Repeal by Pub. L. 103-465 effective on the date on which the

Agreement on Government Procurement, referred to in section

3511(d)(17) of this title, enters into force with respect to the

United States (Jan. 1, 1995), see section 344(a) of Pub. L.

103-465, set out as an Effective Date of 1994 Amendment note under

section 2512 of this title.

-CITE-

19 USC Sec. 2517 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2517. Availability of information to Members of Congress

designated as official advisers

-STATUTE-

The United States Trade Representative shall make available to

the Members of Congress designated as official advisers pursuant to

section 2211 of this title information compiled by the Committee on

Government Procurement under article XIX(5) of the Agreement.

-SOURCE-

(Pub. L. 96-39, title III, Sec. 307, July 26, 1979, 93 Stat. 240;

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

69273, 93 Stat. 1381; Pub. L. 103-465, title III, Sec. 342(e), Dec.

8, 1994, 108 Stat. 4953.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 substituted ''article XIX(5)'' for ''part

VI, paragraph 9,''.

-CHANGE-

CHANGE OF NAME

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

''Special Representative for Trade Negotiations'' pursuant to

Reorg. Plan No. 3 of 1979, Sec. 1(1)(b), 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 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

Agreement on Government Procurement, referred to in section

3511(d)(17) of this title, enters into force with respect to the

United States (Jan. 1, 1995), see section 344(a) of Pub. L.

103-465, set out as a note under section 2512 of this title.

-CITE-

19 USC Sec. 2518 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER I - GOVERNMENT PROCUREMENT

-HEAD-

Sec. 2518. Definitions

-STATUTE-

As used in this subchapter -

(1) Agreement

The term ''Agreement'' means the Agreement on Government

Procurement referred to in section 3511(d)(17) of this title, as

submitted to the Congress, but including rectifications,

modifications, and amendments which are accepted by the United

States.

(2) Civil aircraft

The term ''civil aircraft and related articles'' means -

(A) all aircraft other than aircraft to be purchased for use

by the Department of Defense or the United States Coast Guard;

(B) the engines (and parts and components for incorporation

therein) of such aircraft;

(C) any other parts, components, and subassemblies for

incorporation in such aircraft; and

(D) any ground flight simulators, and parts and components

thereof, for use with respect to such aircraft,

whether to be purchased for use as original or replacement

equipment in the manufacture, repair, maintenance, rebuilding,

modification, or conversion of such aircraft, and without regard

to whether such aircraft or articles receive duty-free treatment

pursuant to section 601(a)(2).

(3) Developed countries

The term ''developed countries'' means countries so designated

by the President.

(4) Eligible product

(A) In general

The term ''eligible product'' means, with respect to any

foreign country or instrumentality that is -

(i) a party to the Agreement, a product or service of that

country or instrumentality which is covered under the

Agreement for procurement by the United States; or

(ii) a party to the North American Free Trade Agreement, a

product or service of that country or instrumentality which

is covered under the North American Free Trade Agreement for

procurement by the United States.

(B) Rule of origin

An article is a product of a country or instrumentality only

if (i) it is wholly the growth, product, or manufacture of that

country or instrumentality, or (ii) in the case of an article

which consists in whole or in part of materials from another

country or instrumentality, it has been substantially

transformed into a new and different article of commerce with a

name, character, or use distinct from that of the article or

articles from which it was so transformed.

(C) Lowered threshold for certain products as a consequence of

United States-Israel free trade area provisions

The term ''eligible product'' includes a product or service

of Israel for which the United States is obligated to waive Buy

National restrictions under -

(i) the Agreement on the Establishment of a Free Trade Area

between the Government of the United States of America and

the Government of Israel, regardless of the thresholds

provided for in the Agreement (as defined in paragraph (1)),

or

(ii) any subsequent agreement between the United States and

Israel which lowers on a reciprocal basis the applicable

threshold for entities covered by the Agreement.

(D) Lowered threshold for certain products as a consequence of

United States-Canada Free-Trade Agreement

Except as otherwise agreed by the United States and Canada

under paragraph 3 of article 1304 of the United States-Canada

Free-Trade Agreement, the term ''eligible product'' includes a

product or service of Canada having a contract value of $25,000

or more that would be covered for procurement by the United

States under the Agreement (as defined in paragraph (1)), but

for the thresholds provided for in the Agreement.

(5) Instrumentality

The term ''instrumentality'' shall not be construed to include

an agency or division of the government of a country, but may be

construed to include such arrangements as the European Economic

Community.

(6) Least developed country

The term ''least developed country'' means any country on the

United Nations General Assembly list of least developed

countries.

(7) Major industrial country

The term ''major industrial country'' means any such country as

defined in section 2136 of this title and any instrumentality of

such a country.

-SOURCE-

(Pub. L. 96-39, title III, Sec. 308, July 26, 1979, 93 Stat. 241;

Pub. L. 99-47, Sec. 7, June 11, 1985, 99 Stat. 84; Pub. L. 100-449,

title III, Sec. 306, Sept. 28, 1988, 102 Stat. 1876; Pub. L.

103-182, title III, Sec. 381(c), Dec. 8, 1993, 107 Stat. 2129; Pub.

L. 103-465, title III, Sec. 342(f), Dec. 8, 1994, 108 Stat. 4953;

Pub. L. 104-295, Sec. 20(c)(12), Oct. 11, 1996, 110 Stat. 3528.)

-REFTEXT-

REFERENCES IN TEXT

Section 601(a)(2), referred to in par. (2), is section 601(a)(2)

of Pub. L. 96-39 title VI, July 26, 1979, 93 Stat. 267, which

directed a duty rate of ''Free'' in the rate column numbered 1 of

the Tariff Schedules of the United States for articles classified

under specified items between 518.51 and 772.65 which the President

determines would provide coverage comparable to that provided by

foreign countries in the Annex to the Agreement on Trade in Civil

Aircraft if such articles were certified for use in civil aircraft

in accordance with headnote 3 to schedule 6, part 6, subpart C of

the Tariff Schedules of the United States. The Tariff Schedules of

the United States were replaced by the Harmonized Tariff Schedule

of the United States, which is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of the title.

-MISC2-

AMENDMENTS

1996 - Par. (4)(D). Pub. L. 104-295 substituted ''under the

Agreement'' for ''under the the Agreement''.

1994 - Par. (1). Pub. L. 103-465, Sec. 342(f)(1), substituted

''section 3511(d)(17) of this title'' for ''section 2503(c) of this

title''.

Par. (4)(C). Pub. L. 103-465, Sec. 342(f)(2)(A), substituted

''for which the United States is obligated to waive Buy National

restrictions under - '' and cls. (i) and (ii) for ''having a

contract value of $50,000 or more which would be covered for

procurement by the United States under the Agreement on Government

Procurement as in effect on the date on which the Agreement on the

Establishment of a Free Trade Area between the Government of the

United States of America and the Government of Israel enters into

force, but for the SDR 150,000 threshold provided for in article

I(1)(b) of the Agreement on Government Procurement.''

Par. (4)(D). Pub. L. 103-465, Sec. 342(f)(2)(B), substituted

''the Agreement (as defined in paragraph (1)), but for the

thresholds provided for in the Agreement.'' for ''GATT Agreement on

Government Procurement, but for the SDR threshold provided for in

article I(1)(b) of the GATT Agreement on Government Procurement.''

1993 - Par. (4)(A). Pub. L. 103-182 amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: ''The

term 'eligible product' means, with respect to any foreign country

or instrumentality, a product or service of that country or

instrumentality which is covered under the Agreement for

procurement by the United States.''

1988 - Par. (4)(D). Pub. L. 100-449 added subpar. (D).

1985 - Par. (4)(C). Pub. L. 99-47 added subpar. (C).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective on the date on which the

Agreement on Government Procurement, referred to in section

3511(d)(17) of this title, enters into force with respect to the

United States (Jan. 1, 1995), see section 344(a) of Pub. L.

103-465, set out as a note under section 2512 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 381(e) of Pub. L.

103-182, set out as a note under section 2511 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 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 2515 of this title.

-CITE-

19 USC SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE

(STANDARDS) 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

.

-HEAD-

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

-CITE-

19 USC Part A - Obligations of the United States 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part A - Obligations of the United States

.

-HEAD-

Part A - Obligations of the United States

-CITE-

19 USC Sec. 2531 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part A - Obligations of the United States

-HEAD-

Sec. 2531. Certain standards-related activities

-STATUTE-

(a) No bar to engaging in standards activity

Nothing in this subchapter may be construed -

(1) to prohibit a Federal agency from engaging in activity

related to standards-related measures, including any such measure

relating to safety, the protection of human, animal, or plant

life or health, the environment, or consumers; or

(2) to limit the authority of a Federal agency to determine the

level it considers appropriate of safety or of protection of

human, animal, or plant life or health, the environment, or

consumers.

(b) Unnecessary Obstacles

Nothing in this subchapter may be construed as prohibiting any

private person, Federal agency, or State agency from engaging in

standards-related activities that do not create unnecessary

obstacles to the foreign commerce of the United States. No

standards-related activity of any private person, Federal agency,

or State agency shall be deemed to constitute an unnecessary

obstacle to the foreign commerce of the United States if the

demonstrable purpose of the standards-related activity is to

achieve a legitimate domestic objective including, but not limited

to, the protection of legitimate health or safety, essential

security, environmental, or consumer interests and if such activity

does not operate to exclude imported products which fully meet the

objectives of such activity.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 401, July 26, 1979, 93 Stat. 242;

Pub. L. 103-465, title III, Sec. 351(b), Dec. 8, 1994, 108 Stat.

4955.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 added subsec. (a), designated existing

provisions as subsec. (b), and inserted subsec. (b) heading.

EFFECTIVE DATE OF 1994 AMENDMENT

Section 352 of title III of Pub. L. 103-465 provided that: ''This

subtitle (subtitle F (Sec. 351, 352) of title III of Pub. L.

103-465, amending this section and sections 2532, 2544, 2571, and

2573 of this title and repealing provisions set out below) and the

amendments made by this subtitle take effect on the date on which

the WTO Agreement enters into force with respect to the United

States (Jan. 1, 1995).''

EFFECTIVE DATE

Section 454 of Pub. L. 96-39, which provided that this subchapter

was to take effect on Jan. 1, 1980, if the Agreement on Technical

Barriers to Trade entered into force with respect to the United

States by that date, was repealed by Pub. L. 103-465, title III,

Sec. 351(g), Dec. 8, 1994, 108 Stat. 4957.

-CITE-

19 USC Sec. 2532 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part A - Obligations of the United States

-HEAD-

Sec. 2532. Federal standards-related activities

-STATUTE-

No Federal agency may engage in any standards-related activity

that creates unnecessary obstacles to the foreign commerce of the

United States, including, but not limited to, standards-related

activities that violate any of the following requirements:

(1) Nondiscriminatory treatment

Each Federal agency shall ensure, in applying standards-related

activities with respect to any imported product, that such

product is treated no less favorably than are like domestic or

imported products, including, but not limited to, when applying

tests or test methods, no less favorable treatment with respect

to -

(A) the acceptance of the product for testing in comparable

situations;

(B) the administration of the tests in comparable situations;

(C) the fees charged for tests;

(D) the release of test results to the exporter, importer, or

agents;

(E) the siting of testing facilities and the selection of

samples for testing; and

(F) the treatment of confidential information pertaining to

the product.

(2) Use of international standards

(A) In general

Except as provided in subparagraph (B)(ii), each Federal

agency, in developing standards, shall take into consideration

international standards and shall, if appropriate, base the

standards on international standards.

(B) Application of requirement

For purposes of this paragraph, the following apply:

(i) International standards not appropriate

The reasons for which the basing of a standard on an

international standard may not be appropriate include, but

are not limited to, the following:

(I) National security requirements.

(II) The prevention of deceptive practices.

(III) The protection of human health or safety, animal or

plant life or health, or the environment.

(IV) Fundamental climatic or other geographical factors.

(V) Fundamental technological problems.

(ii) Regional standards

In developing standards, a Federal agency may, but is not

required to, take into consideration any international

standard promulgated by an international standards

organization the membership of which is described in section

2571(6)(A)(ii) (FOOTNOTE 1) of this title.

(FOOTNOTE 1) See References in Text note below.

(3) Performance criteria

Each Federal agency shall, if appropriate, develop standards

based on performance criteria, such as those relating to the

intended use of a product and the level of performance that the

product must achieve under defined conditions, rather than on

design criteria, such as those relating to the physical form of

the product or the types of material of which the product is

made.

(4) Access for foreign suppliers

Each Federal agency shall, with respect to any conformity

assessment procedure used by it, permit access for obtaining an

assessment of conformity and the mark of the system, if any, to

foreign suppliers of a product on the same basis as access is

permitted to suppliers of like products, whether of domestic or

other foreign origin.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 402, July 26, 1979, 93 Stat. 242;

Pub. L. 103-465, title III, Sec. 351(c), Dec. 8, 1994, 108 Stat.

4956; Pub. L. 104-295, Sec. 20(c)(14), Oct. 11, 1996, 110 Stat.

3529.)

-REFTEXT-

REFERENCES IN TEXT

Section 2571(6)(A) of this title, referred to in par. (2)(B)(ii),

was amended generally by Pub. L. 103-465, title III, Sec.

351(e)(4), Dec. 8, 1994, 108 Stat. 4956, and, as so amended, no

longer contains clauses.

-MISC2-

AMENDMENTS

1996 - Par. (4). Pub. L. 104-295 inserted comma after ''system,

if any''.

1994 - Par. (4). Pub. L. 103-465 substituted ''Access'' for

''Certification access'' in heading, and, in text, substituted

''conformity assessment procedure'' for ''certification system''

and ''an assessment of conformity and the mark of the system, if

any'' for ''certification under that system''.

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 352 of Pub. L. 103-465, set out as a

note under section 2531 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2533 of this title.

-CITE-

19 USC Sec. 2533 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part A - Obligations of the United States

-HEAD-

Sec. 2533. State and private standards-related activities

-STATUTE-

(a) In general

It is the sense of the Congress that no State agency and no

private person should engage in any standards-related activity that

creates unnecessary obstacles to the foreign commerce of the United

States.

(b) Presidential action

The President shall take such reasonable measures as may be

available to promote the observance by State agencies and private

persons, in carrying out standards-related activities, of

requirements equivalent to those imposed on Federal agencies under

section 2532 of this title, and of procedures that provide for

notification, participation, and publication with respect to such

activities.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 403, July 26, 1979, 93 Stat. 243.)

-CITE-

19 USC Part B - Functions of Federal Agencies 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

.

-HEAD-

Part B - Functions of Federal Agencies

-CITE-

19 USC Sec. 2541 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

-HEAD-

Sec. 2541. Functions of Trade Representative

-STATUTE-

(a) In general

The Trade Representative shall coordinate the consideration of

international trade policy issues that arise as a result of, and

shall develop international trade policy as it relates to, the

implementation of this subchapter.

(b) Negotiating functions

The Trade Representative has responsibility for coordinating

United States discussions and negotiations with foreign countries

for the purpose of establishing mutual arrangements with respect to

standards-related activities. In carrying out this responsibility,

the Trade Representative shall inform and consult with any Federal

agency having expertise in the matters under discussion and

negotiation.

(c) Cross reference

For provisions of law regarding general authority of the

Trade Representative with respect to trade agreements, see

section 2171 of this title.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 411, July 26, 1979, 93 Stat. 243;

Pub. L. 103-182, title III, Sec. 351(b)(2), Dec. 8, 1993, 107 Stat.

2122; Pub. L. 104-295, Sec. 21(b)(1), (2), Oct. 11, 1996, 110 Stat.

3529, 3530.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295, Sec. 21(b)(1), amended directory language

of Pub. L. 103-182, Sec. 351(b)(2). See 1993 Amendment notes below.

Subsec. (c). Pub. L. 104-295, Sec. 21(b)(2), substituted ''Trade

Representative'' for ''Special Representatives''.

1993 - Pub. L. 103-182, Sec. 351(b)(2)(B), as amended by Pub. L.

104-295, Sec. 21(b)(1), substituted ''Trade Representative'' for

''Special Representative'' in section catchline.

Subsecs. (a), (b). Pub. L. 103-182, Sec. 351(b)(2)(A), as amended

by Pub. L. 104-295, Sec. 21(b)(1), substituted ''Trade

Representative'' for ''Special Representative'' wherever appearing.

-CITE-

19 USC Sec. 2542 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

-HEAD-

Sec. 2542. Establishment and operation of technical offices

-STATUTE-

(a) Establishment

(1) For nonagricultural products

The Secretary of Commerce shall establish and maintain within

the Department of Commerce a technical office that shall carry

out the functions prescribed under subsection (b) of this section

with respect to nonagricultural products.

(2) For agricultural products

The Secretary of Agriculture shall establish and maintain

within the Department of Agriculture a technical office that

shall carry out the functions prescribed under subsection (b) of

this section with respect to agricultural products.

(b) Functions of offices

The President shall prescribe for each technical office

established under subsection (a) of this section such functions as

the President deems necessary or appropriate to implement this

subchapter.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 412, July 26, 1979, 93 Stat. 244.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (b) of this section

delegated to Secretary of Commerce regarding technical office

established under subsec. (a)(1) of this section, and to Secretary

of Agriculture regarding technical office established under subsec.

(a)(2) of this section, see section 1-103(a) of Ex. Ord. No. 12188,

Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2544 of this title.

-CITE-

19 USC Sec. 2543 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

-HEAD-

Sec. 2543. Representation of United States interests before

international standards organizations

-STATUTE-

(a) Oversight and consultation

The Secretary concerned shall -

(1) inform, and consult and coordinate with, the Trade

Representative with respect to international standards-related

activities identified under paragraph (2);

(2) keep adequately informed regarding international

standards-related activities and identify those that may

substantially affect the commerce of the United States; and

(3) carry out such functions as are required under subsections

(b) and (c) of this section.

(b) Representation of United States interests by private persons

(1) Definitions

For purposes of this subsection -

(A) Organization member

The term ''organization member'' means the private person who

holds membership in a private international standards

organization.

(B) Private international standards organization

The term ''private international standards organization''

means any international standards organization before which the

interests of the United States are represented by a private

person who is officially recognized by that organization for

such purpose.

(2) In general

Except as otherwise provided for in this subsection, the

representation of United States interests before any private

international standards organization shall be carried out by the

organization member.

(3) Inadequate representation

If the Secretary concerned, after inquiry instituted on his own

motion or at the request of any private person, Federal agency,

or State agency having an interest therein, has reason to believe

that the participation by the organization member in the

proceedings of a private international standards organization

will not result in the adequate representation of United States

interests that are, or may be, affected by the activities of such

organization (particularly with regard to the potential impact of

any such activity on the international trade of the United

States), the Secretary concerned shall immediately notify the

organization member concerned. During any such inquiry, the

Secretary concerned may solicit and consider the advice of the

appropriate representatives referred to in section 2547 of this

title.

(4) Action by organization member

If within the 90-day period after the date on which

notification is received under paragraph (3) (or such shorter

period as the Secretary concerned determines to be necessary in

extraordinary circumstances), the organization member

demonstrates to the Secretary concerned its willingness and

ability to represent adequately United States interests before

the private international standards organization, the Secretary

concerned shall take no further action under this subsection.

(5) Action by Secretary concerned

If -

(A) within the appropriate period referred to in paragraph

(4), the organization member does not respond to the Secretary

concerned with respect to the notification, or does respond but

does not demonstrate to the Secretary concerned the requisite

willingness and ability to represent adequately United States

interests; or

(B) there is no organization member of the private

international standards organization;

the Secretary concerned shall make appropriate arrangements to

provide for the adequate representation of United States

interests. In cases where subparagraph (A) applies, such

provision shall be made by the Secretary concerned through the

appropriate organization member if the private international

standards organization involved requires representation by that

member.

(c) Representation of United States interests by Federal agencies

With respect to any international standards organization before

which the interests of the United States are represented by one or

more Federal agencies that are officially recognized by that

organization for such purpose, the Secretary concerned shall -

(1) encourage cooperation among interested Federal agencies

with a view toward facilitating the development of a uniform

position with respect to the technical activities with which the

organization is concerned;

(2) encourage such Federal agencies to seek information from,

and to cooperate with, the affected domestic interests when

undertaking such representation; and

(3) not preempt the responsibilities of any Federal agency that

has jurisdiction with respect to the activities undertaken by

such organization, unless requested to do so by such agency.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 413, July 26, 1979, 93 Stat. 244;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-295 amended directory language

of Pub. L. 103-182. See 1993 Amendment note below.

1993 - Subsec. (a)(1). Pub. L. 103-182, as amended by Pub. L.

104-295, substituted ''Trade Representative'' for ''Special

Representative''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2545 of this title.

-CITE-

19 USC Sec. 2544 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

-HEAD-

Sec. 2544. Standards information center

-STATUTE-

(a) Establishment

The Secretary of Commerce shall maintain within the Department of

Commerce a standards information center.

(b) Functions

The standards information center shall -

(1) serve as the central national collection facility for

information relating to (A) standards, technical regulations,

conformity assessment procedures, and standards-related

activities, whether such standards, technical regulations,

conformity assessment procedures, or activities are public or

private, domestic or foreign, or international, regional,

national, or local and (B) the membership and participation of

Federal, State, or local government bodies or private bodies in

the United States in international and regional standardizing

bodies and conformity assessment systems, as well as in bilateral

and multilateral arrangements concerning standards-related

activities;

(2) make available to the public at such reasonable fee as the

Secretary shall prescribe, copies of information required to be

collected under paragraph (1) other than information to which

paragraph (3) applies;

(3) use its best efforts to make available to the public, at

such reasonable fees as the Secretary shall prescribe, copies of

information required to be collected under paragraph (1) that is

of private origin, on a cooperative basis with the private

individual or entity, foreign or domestic, who holds the

copyright on the information;

(4) in case of such information that is of foreign origin,

provide, at such reasonable fee as the Secretary shall prescribe,

such translation services as may be necessary;

(5) serve as the inquiry point for requests for information

regarding standards-related activities, whether adopted or

proposed, within the United States, except that in carrying out

this paragraph, the Secretary of Commerce shall refer all

inquiries regarding agricultural products to the technical office

established under section 2542(a)(2) of this title within the

Department of Agriculture; and

(6) provide such other services as may be appropriate,

including but not limited to, such services to the technical

offices established under section 2542 of this title as may be

requested by those offices in carrying out their functions.

(c) Sanitary and phytosanitary measures

(1) Public information

The standards information center shall, in addition to the

functions specified under subsection (b) of this section, make

available to the public relevant documents, at such reasonable

fees as the Secretary of Commerce may prescribe, and information

regarding -

(A) any sanitary or phytosanitary measure of general

application, including any inspection procedure or approval

procedure proposed, adopted, or maintained by a Federal agency

or agency of a State or local government;

(B) the procedures of a Federal agency or an agency of a

State or local government for risk assessment and factors the

agency considers in conducting the assessment;

(C) the determination of the levels of protection that a

Federal agency or an agency of a State or local government

considers appropriate; and

(D) the membership and participation of the Federal

Government and State and local governments in international and

regional sanitary and phytosanitary organizations and systems,

and in bilateral and multilateral arrangements regarding

sanitary and phytosanitary measures, and the provisions of

those systems and arrangements.

(2) Definitions

The definitions in section 2575b of this title apply for

purposes of this subsection.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 414, July 26, 1979, 93 Stat. 245;

Pub. L. 103-465, title III, Sec. 351(d), title IV, Sec. 431(a),

Dec. 8, 1994, 108 Stat. 4956, 4966; Pub. L. 104-295, Sec.

20(c)(15), Oct. 11, 1996, 110 Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-295 struck out comma after

''procedures,'' in two places.

1994 - Subsec. (b)(1). Pub. L. 103-465, Sec. 351(d), inserted

''(A)'' after ''relating to'', substituted ''technical regulations,

conformity assessment procedures,'' for ''certification systems''

and ''such standards, technical regulations, conformity assessment

procedures,'' for ''such standards, systems'', and inserted ''and''

and cl. (B) before semicolon at end.

Subsec. (c). Pub. L. 103-465, Sec. 431(a), added subsec. (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 351(d) 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 352 of Pub. L.

103-465, set out as a note under section 2531 of this title.

Amendment by section 431(a) of Pub. L. 103-465 effective on the

date of entry into force of the WTO Agreement with respect to the

United States (Jan. 1, 1995), except as otherwise provided, see

section 451 of Pub. L. 103-465, set out as an Effective Date note

under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2575a, 2576a of this

title.

-CITE-

19 USC Sec. 2545 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

-HEAD-

Sec. 2545. Contracts and grants

-STATUTE-

(a) In general

For purposes of carrying out this subchapter, and otherwise

encouraging compliance with the Agreement, the Trade Representative

and the Secretary concerned may each, with respect to functions for

which responsible under this subchapter, make grants to, or enter

into contracts with, any other Federal agency, any State agency, or

any private person, to assist such agency or person to implement

appropriate programs and activities, including, but not limited to,

programs and activities -

(1) to increase awareness of proposed and adopted

standards-related activities;

(2) to facilitate international trade through the appropriate

international and domestic standards-related activities;

(3) to provide, if appropriate, and pursuant to section 2543 of

this title, adequate United States representation in

international standards-related activities; and

(4) to encourage United States exports through increased

awareness of foreign standards-related activities that may affect

United States exports.

No contract entered into under this section shall be effective

except to such extent, and in such amount, as is provided in

advance in appropriation Acts.

(b) Terms and conditions

Any contract entered into, or any grant made, under subsection

(a) of this section shall be subject to such terms and conditions

as the Trade Representative or Secretary concerned shall by

regulation prescribe as being necessary or appropriate to protect

the interests of the United States.

(c) Limitations

Financial assistance extended under this section shall not exceed

75 percent of the total costs (as established by the Trade

Representative or Secretary concerned, as the case may be) of the

program or activity for which assistance is made available. The

non-Federal share of such costs shall be made in cash or kind,

consistent with the maintenance of the program or activity

concerned.

(d) Audit

Each recipient of a grant or contract under this section shall

make available to the Trade Representative or the Secretary

concerned, as the case may be, and to the Comptroller General of

the United States, for purposes of audit and examination, any book,

document, paper, and record that is pertinent to the funds received

under such grant or contract.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 415, July 26, 1979, 93 Stat. 246;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 amended directory language of Pub. L.

103-182. See 1993 Amendment note below.

1993 - Pub. L. 103-182, as amended by Pub. L. 104-295,

substituted ''Trade Representative'' for ''Special Representative''

wherever appearing.

-CITE-

19 USC Sec. 2546 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

-HEAD-

Sec. 2546. Technical assistance

-STATUTE-

The Trade Representative and the Secretary concerned may each,

with respect to functions for which responsible under this

subchapter, make available, on a reimbursable basis or otherwise,

to any other Federal agency, State agency, or private person such

assistance, including, but not limited to, employees, services, and

facilities, as may be appropriate to assist such agency or person

in carrying out standards-related activities in a manner consistent

with this subchapter.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 416, July 26, 1979, 93 Stat. 247;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 amended directory language of Pub. L.

103-182. See 1993 Amendment note below.

1993 - Pub. L. 103-182, as amended by Pub. L. 104-295,

substituted ''Trade Representative'' for ''Special

Representative''.

-CITE-

19 USC Sec. 2547 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part B - Functions of Federal Agencies

-HEAD-

Sec. 2547. Consultations with representatives of domestic interests

-STATUTE-

In carrying out the functions for which responsible under this

subchapter, the Trade Representative and the Secretary concerned

shall solicit technical and policy advice from the committees,

established under section 2155 of this title, that represent the

interests concerned, and may solicit advice from appropriate State

agencies and private persons.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 417, July 26, 1979, 93 Stat. 247;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 amended directory language of Pub. L.

103-182. See 1993 Amendment note below.

1993 - Pub. L. 103-182, as amended by Pub. L. 104-295,

substituted ''Trade Representative'' for ''Special

Representative''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2543, 2553 of this title.

-CITE-

19 USC Part C - Administrative and Judicial Proceedings

Regarding Standards-Related Activities 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

.

-HEAD-

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

-CITE-

19 USC subpart 1 - representations alleging united states

violations of obligations 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 1 - representations alleging united states violations of

obligations

.

-HEAD-

subpart 1 - representations alleging united states violations of

obligations

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 2561 of this title.

-CITE-

19 USC Sec. 2551 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 1 - representations alleging united states violations of

obligations

-HEAD-

Sec. 2551. Right of action

-STATUTE-

Except as provided under this subpart, the provisions of this

part do not create any right of action under the laws of the United

States with respect to allegations that any standards-related

activity engaged in within the United States violates the

obligations of the United States under the Agreement.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 421, July 26, 1979, 93 Stat. 247.)

-CITE-

19 USC Sec. 2552 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 1 - representations alleging united states violations of

obligations

-HEAD-

Sec. 2552. Representations

-STATUTE-

Any -

(1) Party to the Agreement; or

(2) foreign country that is not a Party to the Agreement but is

found by the Trade Representative to extend rights and privileges

to the United States that are substantially the same as those

that would be so extended if that foreign country were a Party to

the Agreement;

may make a representation to the Trade Representative alleging that

a standards-related activity engaged in within the United States

violates the obligations of the United States under the Agreement.

Any such representation must be made in accordance with procedures

that the Trade Representative shall by regulation prescribe and

must provide a reasonable indication that the standards-related

activity concerned is having a significant trade effect. No person

other than a Party to the Agreement or a foreign country described

in paragraph (2) may make such a representation.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 422, July 26, 1979, 93 Stat. 247;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 amended directory language of Pub. L.

103-182. See 1993 Amendment note below.

1993 - Pub. L. 103-182, as amended by Pub. L. 104-295,

substituted ''Trade Representative'' for ''Special Representative''

wherever appearing.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2553, 2561 of this title.

-CITE-

19 USC Sec. 2553 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 1 - representations alleging united states violations of

obligations

-HEAD-

Sec. 2553. Action after receipt of representations

-STATUTE-

(a) Review

Upon receipt of any representation made under section 2552 of

this title, the Trade Representative shall review the issues

concerned in consultation with -

(1) the agency or person alleged to be engaging in violations

under the Agreement;

(2) the member agencies of the interagency trade organization

established under section 1872(a) of this title;

(3) other appropriate Federal agencies; and

(4) appropriate representatives referred to in section 2547 of

this title.

(b) Resolution

The Trade Representative shall undertake to resolve, on a

mutually satisfactory basis, the issues set forth in the

representation through consultation with the parties concerned.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 423, July 26, 1979, 93 Stat. 247;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 amended directory language of Pub. L.

103-182. See 1993 Amendment note below.

1993 - Pub. L. 103-182, as amended by Pub. L. 104-295,

substituted ''Trade Representative'' for ''Special Representative''

wherever appearing.

-CITE-

19 USC Sec. 2554 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 1 - representations alleging united states violations of

obligations

-HEAD-

Sec. 2554. Procedure after finding by international forum

-STATUTE-

(a) In general

If an appropriate international forum finds that a

standards-related activity being engaged in within the United

States conflicts with the obligations of the United States under

the Agreement, the interagency trade organization established under

section 1872(a) of this title shall review the finding and the

matters related thereto with a view to recommending appropriate

action.

(b) Cross reference

For provisions of law regarding remedies available to

domestic persons alleging that standards activities engaged in

by Parties to the Agreement (other than the United States)

violate the obligations of the Agreement, see section 2411 of

this title.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 424, July 26, 1979, 93 Stat. 248.)

-CITE-

19 USC subpart 2 - other proceedings regarding certain

standards-related activities 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 2 - other proceedings regarding certain standards-related

activities

.

-HEAD-

subpart 2 - other proceedings regarding certain standards-related

activities

-CITE-

19 USC Sec. 2561 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 2 - other proceedings regarding certain standards-related

activities

-HEAD-

Sec. 2561. Findings of reciprocity required in administrative

proceedings

-STATUTE-

(a) In general

Except as provided under subpart 1, no Federal agency may

consider a complaint or petition against any standards-related

activity regarding an imported product, if that activity is engaged

in within the United States and is covered by the Agreement, unless

the Trade Representative finds, and informs the agency concerned in

writing, that -

(1) the country of origin of the imported product is a Party to

the Agreement or a foreign country described in section 2552(2)

of this title; and

(2) the dispute settlement procedures provided under the

Agreement are not appropriate.

(b) Exemptions

This section does not apply with respect to causes of action

arising under -

(1) the antitrust laws as defined in section 12(a) of title 15;

or

(2) statutes administered by the Secretary of Agriculture.

This section does not apply with respect to petitions and

proceedings that are provided for under the practices of any

Federal agency for the purpose of ensuring, in accordance with

section 553 of title 5, that interested persons are given an

opportunity to participate in agency rulemaking or to seek the

issuance, amendment, or repeal of a rule.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 441, July 26, 1979, 93 Stat. 248;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 amended directory language of Pub. L.

103-182. See 1993 Amendment note below.

1993 - Subsec. (a). Pub. L. 103-182, as amended by Pub. L.

104-295, substituted ''Trade Representative'' for ''Special

Representative''.

-CITE-

19 USC Sec. 2562 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part C - Administrative and Judicial Proceedings Regarding

Standards-Related Activities

subpart 2 - other proceedings regarding certain standards-related

activities

-HEAD-

Sec. 2562. Consideration of standards-related activities by an

international forum

-STATUTE-

No standards-related activity being engaged in within the United

States may be stayed in any judicial or administrative proceeding

on the basis that such activity is currently being considered,

pursuant to the Agreement, by an international forum.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 442, July 26, 1979, 93 Stat. 248.)

-CITE-

19 USC Part D - Definitions and Miscellaneous Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part D - Definitions and Miscellaneous Provisions

.

-HEAD-

Part D - Definitions and Miscellaneous Provisions

-CITE-

19 USC Sec. 2571 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part D - Definitions and Miscellaneous Provisions

-HEAD-

Sec. 2571. Definitions

-STATUTE-

As used in this subchapter -

(1) Agreement

The term ''Agreement'' means the Agreement on Technical

Barriers to Trade referred to in section 3511(d)(5) of this

title.

(2) Conformity assessment procedure

The term ''conformity assessment procedure'' means any

procedure used, directly or indirectly, to determine that

relevant requirements in technical regulations or standards are

fulfilled.

(3) Federal agency

The term ''Federal agency'' means any of the following within

the meaning of chapter 2 of part I of title 5:

(A) Any executive department.

(B) Any military department.

(C) Any Government corporation.

(D) Any Government-controlled corporation.

(E) Any independent establishment.

(4) International conformity assessment procedure

The term ''international conformity assessment procedure''

means a conformity assessment procedure that is adopted by an

international standards organization.

(5) International standard

The term ''international standard'' means any standard that is

promulgated by an international standards organization.

(6) International standards organization

The term ''international standards organization'' means any

organization -

(A) the membership of which is open to representatives,

whether public or private, of the United States and at least

all Members; and

(B) that is engaged in international standards-related

activities.

(7) International standards-related activity

The term ''international standards-related activity'' means the

negotiation, development, or promulgation of, or any amendment or

change to, an international standard, or an international

conformity assessment procedure, or both.

(8) Member

The term ''Member'' means a WTO member as defined in section

3501(10) of this title.

(9) Private person

The term ''private person'' means -

(A) any individual who is a citizen or national of the United

States; and

(B) any corporation, partnership, association, or other legal

entity organized or existing under the law of any State,

whether for profit or not for profit.

(10) Product

The term ''product'' means any natural or manufactured item.

(11) Secretary concerned

The term ''Secretary concerned'' means the Secretary of

Commerce with respect to functions under this subchapter relating

to nonagricultural products, and the Secretary of Agriculture

with respect to functions under this subchapter relating to

agricultural products.

(12) Trade Representative

The term ''Trade Representative'' means the United States Trade

Representative.

(13) Standard

The term ''standard'' means a document approved by a recognized

body, that provides, for common and repeated use, rules,

guidelines, or characteristics for products or related processes

and production methods, with which compliance is not mandatory.

Such term may also include or deal exclusively with terminology,

symbols, packaging, marking, or labeling requirements as they

apply to a product, process, or production method.

(14) Standards-related activity

The term ''standards-related activity'' means the development,

adoption, or application of any standard, technical regulation,

or conformity assessment procedure.

(15) State

The term ''State'' means any of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, the Virgin

Islands, American Samoa, Guam and any other Commonwealth,

territory, or possession of the United States.

(16) State agency

The term ''State agency'' means any department, agency, or

other instrumentality of the government of any State or of any

political subdivision of any State.

(17) Technical regulation

The term ''technical regulation'' means a document which lays

down product characteristics or their related processes and

production methods, including the applicable administrative

provisions, with which compliance is mandatory. Such term may

also include or deal exclusively with terminology, symbols,

packaging, marking, or labeling requirements as they apply to a

product, process, or production method.

(18) United States

The term ''United States'', when used in a geographical

context, means all States.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 451, July 26, 1979, 93 Stat. 249;

Pub. L. 103-182, title III, Sec. 351(b)(1), Dec. 8, 1993, 107 Stat.

2122; Pub. L. 103-465, title III, Sec. 351(e), Dec. 8, 1994, 108

Stat. 4956; Pub. L. 104-295, Sec. 20(c)(16), Oct. 11, 1996, 110

Stat. 3529.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 2 of part I of title 5, referred to in par. (3), probably

means chapter 1 of part I of title 5, which is classified to

section 101 et seq. of Title 5, Government Organization and

Employees, and which relates to organization of agencies.

-MISC2-

AMENDMENTS

1996 - Par. (6)(A). Pub. L. 104-295 substituted ''; and'' for

period at end.

1994 - Par. (1). Pub. L. 103-465, Sec. 351(e)(1), amended par.

(1) generally, substituting ''referred to in section 3511(d)(5) of

this title'' for ''approved under section 2503(a) of this title''.

Par. (2). Pub. L. 103-465, Sec. 351(e)(2), amended heading and

text of par. (2) generally. Prior to amendment, text read as

follows: ''The term 'certification system' means a system -

''(A) for determining whether a product conforms with product

standards applicable to that product; and

''(B) if a product so conforms, for attesting, by means of a

document, mark, or other appropriate evidence of conformity, to

that conformity.

Such term also includes any modification of, or change to, any such

system.''

Par. (4). Pub. L. 103-465, Sec. 351(e)(3), substituted

''conformity assessment procedure'' for ''certification system'' in

two places.

Par. (6)(A). Pub. L. 103-465, Sec. 351(e)(4), amended subpar. (A)

generally. Prior to amendment, subpar. (A) read as follows: ''the

membership of which is open to representatives, whether public or

private, of the United States and -

''(i) all Parties to the Agreement, or

''(ii) some but not all Parties of the Agreement; and''.

Par. (7). Pub. L. 103-465, Sec. 351(e)(5), substituted

''conformity assessment procedure'' for ''certification system''.

Par. (8). Pub. L. 103-465, Sec. 351(e)(6), amended heading and

text of par. (8) generally. Prior to amendment, text read as

follows: ''The term 'Party to the Agreement' means any foreign

country or instrumentality determined by the President to have

assumed, and to be applying, the obligations of the Agreement with

respect to the United States.''

Par. (13). Pub. L. 103-465, Sec. 351(e)(7), amended heading and

text of par. (13) generally. Prior to amendment, text read as

follows: ''The term 'standard' means any of the following, and any

amendment or change to any of the following:

''(A) The specification of the characteristics of a product,

including, but not limited to, levels of quality, performance,

safety, or dimensions.

''(B) Specifications relating to the terminology, symbols,

testing and test methods, packaging, or marking or labeling

requirements applicable to a product.

''(C) Administrative procedures related to the application of

any specification referred to in paragraph (A) or (B).''

Par. (14). Pub. L. 103-465, Sec. 351(e)(8), substituted '',

technical regulation, or conformity assessment procedure'' for ''or

any certification system''.

Pars. (17), (18). Pub. L. 103-465, Sec. 351(e)(9), added par.

(17) and redesignated former par. (17) as (18).

1993 - Par. (12). Pub. L. 103-182 amended par. (12) generally.

Prior to amendment, par. (12) read as follows:

''(12) Special representative. - The term 'Special

Representative' means the Special Representative for Trade

Negotiations.''

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 352 of Pub. L. 103-465, set out as a

note under section 2531 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2532, 2575b, 2576b, 2577

of this title.

-CITE-

19 USC Sec. 2572 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part D - Definitions and Miscellaneous Provisions

-HEAD-

Sec. 2572. Exemptions

-STATUTE-

This subchapter does not apply to -

(1) any standards activity engaged in by any Federal agency or

State agency for the use (including, but not limited to, use with

respect to research and development, production, or consumption)

of that agency or the use of another such agency; or

(2) any standards activity engaged in by any private person

solely for use in the production or consumption of products by

that person.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 452, July 26, 1979, 93 Stat. 250.)

-CITE-

19 USC Sec. 2573 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part D - Definitions and Miscellaneous Provisions

-HEAD-

Sec. 2573. Reports to Congress on operation of agreement

-STATUTE-

As soon as practicable after the close of the 3-year period

beginning on the date on which this subchapter takes effect, and as

soon as practicable after the close of each succeeding 3-year

period through 2001, the Trade Representative shall prepare and

submit to Congress a report containing an evaluation of the

operation of the Agreement, both domestically and internationally,

during the period.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 453, July 26, 1979, 93 Stat. 250;

Pub. L. 103-182, title III, Sec. 351(b)(2)(A), Dec. 8, 1993, 107

Stat. 2122; Pub. L. 103-465, title III, Sec. 351(f), Dec. 8, 1994,

108 Stat. 4957; Pub. L. 104-295, Sec. 21(b)(1), Oct. 11, 1996, 110

Stat. 3529.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 amended directory language of Pub. L.

103-182. See 1993 Amendment note below.

1994 - Pub. L. 103-465 inserted ''through 2001'' after

''succeeding 3-year period''.

1993 - Pub. L. 103-182, as amended by Pub. L. 104-295,

substituted ''Trade Representative'' for ''Special

Representative''.

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 352 of Pub. L. 103-465, set out as a

note under section 2531 of this title.

-CITE-

19 USC Part E - Standards and Measures Under the North

American Free Trade Agreement 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

.

-HEAD-

Part E - Standards and Measures Under the North American Free Trade

Agreement

-CITE-

19 USC subpart 1 - sanitary and phytosanitary measures 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 1 - sanitary and phytosanitary measures

.

-HEAD-

subpart 1 - sanitary and phytosanitary measures

-SECREF-

SUBPART REFERRED TO IN OTHER SECTIONS

This subpart is referred to in section 2576 of this title.

-CITE-

19 USC Sec. 2575 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 1 - sanitary and phytosanitary measures

-HEAD-

Sec. 2575. General

-STATUTE-

Nothing in this subpart may be construed -

(1) to prohibit a Federal agency or State agency from engaging

in activity related to sanitary or phytosanitary measures to

protect human, animal, or plant life or health; or

(2) to limit the authority of a Federal agency or State agency

to determine the level of protection of human, animal, or plant

life or health the agency considers appropriate.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 461, as added Pub. L. 103-182, title

III, Sec. 351(a), Dec. 8, 1993, 107 Stat. 2118.)

-CITE-

19 USC Sec. 2575a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 1 - sanitary and phytosanitary measures

-HEAD-

Sec. 2575a. Inquiry point

-STATUTE-

The standards information center maintained under section 2544 of

this title shall, in addition to the functions specified therein,

make available to the public relevant documents, at such reasonable

fees as the Secretary of Commerce may prescribe, and information

regarding -

(1) any sanitary or phytosanitary measure of general

application, including any control or inspection procedure or

approval procedure proposed, adopted, or maintained by a Federal

or State agency;

(2) the procedures of a Federal or State agency for risk

assessment, and factors the agency considers in conducting the

assessment and in establishing the levels of protection that the

agency considers appropriate;

(3) the membership and participation of the Federal Government

and State governments in international and regional sanitary and

phytosanitary organizations and systems, and in bilateral and

multilateral arrangements regarding sanitary and phytosanitary

measures, and the provisions of those systems and arrangements;

and

(4) the location of notices of the type required under article

719 of the NAFTA, or where the information contained in such

notices can be obtained.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 462, as added Pub. L. 103-182, title

III, Sec. 351(a), Dec. 8, 1993, 107 Stat. 2118.)

-CITE-

19 USC Sec. 2575b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 1 - sanitary and phytosanitary measures

-HEAD-

Sec. 2575b. Subpart definitions

-STATUTE-

Notwithstanding section 2571 of this title, for purposes of this

subpart -

(1) Animal

The term ''animal'' includes fish, bees, and wild fauna.

(2) Approval procedure

The term ''approval procedure'' means any registration,

notification, or other mandatory administrative procedure for -

(A) approving the use of an additive for a stated purpose or

under stated conditions, or

(B) establishing a tolerance for a stated purpose or under

stated conditions for a contaminant,

in a food, beverage, or feedstuff prior to permitting the use of

the additive or the marketing of a food, beverage, or feedstuff

containing the additive or contaminant.

(3) Contaminant

The term ''contaminant'' includes pesticide and veterinary drug

residues and extraneous matter.

(4) Control or inspection procedure

The term ''control or inspection procedure'' means any

procedure used, directly or indirectly, to determine that a

sanitary or phytosanitary measure is fulfilled, including

sampling, testing, inspection, evaluation, verification,

monitoring, auditing, assurance of conformity, accreditation,

registration, certification, or other procedure involving the

physical examination of a good, of the packaging of a good, or of

the equipment or facilities directly related to production,

marketing, or use of a good, but does not mean an approval

procedure.

(5) Plant

The term ''plant'' includes wild flora.

(6) Risk assessment

The term ''risk assessment'' means an evaluation of -

(A) the potential for the introduction, establishment or

spread of a pest or disease and associated biological and

economic consequences; or

(B) the potential for adverse effects on human or animal life

or health arising from the presence of an additive,

contaminant, toxin or disease-causing organism in a food,

beverage, or feedstuff.

(7) Sanitary or phytosanitary measure

(A) In general

The term ''sanitary or phytosanitary measure'' means a

measure to -

(i) protect animal or plant life or health in the United

States from risks arising from the introduction,

establishment, or spread of a pest or disease;

(ii) protect human or animal life or health in the United

States from risks arising from the presence of an additive,

contaminant, toxin, or disease-causing organism in a food,

beverage, or feedstuff;

(iii) protect human life or health in the United States

from risks arising from a disease-causing organism or pest

carried by an animal or plant, or a product thereof; or

(iv) prevent or limit other damage in the United States

arising from the introduction, establishment, or spread of a

pest.

(B) Form

The form of a sanitary or phytosanitary measure includes -

(i) end product criteria;

(ii) a product-related processing or production method;

(iii) a testing, inspection, certification, or approval

procedure;

(iv) a relevant statistical method;

(v) a sampling procedure;

(vi) a method of risk assessment;

(vii) a packaging and labeling requirement directly related

to food safety; and

(viii) a quarantine treatment, such as a relevant

requirement associated with the transportation of animals or

plants or with material necessary for their survival during

transportation.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 463, as added Pub. L. 103-182, title

III, Sec. 351(a), Dec. 8, 1993, 107 Stat. 2119.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2544, 2578b of this

title.

-CITE-

19 USC subpart 2 - standards-related measures 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 2 - standards-related measures

.

-HEAD-

subpart 2 - standards-related measures

-CITE-

19 USC Sec. 2576 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 2 - standards-related measures

-HEAD-

Sec. 2576. General

-STATUTE-

(a) No bar to engaging in standards activity

Nothing in this subpart shall be construed -

(1) to prohibit a Federal agency from engaging in activity

related to standards-related measures, including any such measure

relating to safety, the protection of human, animal, or plant

life or health, the environment or consumers; or

(2) to limit the authority of a Federal agency to determine the

level it considers appropriate of safety or of protection of

human, animal, or plant life or health, the environment or

consumers.

(b) Exclusion

This subpart does not apply to -

(1) technical specifications prepared by a Federal agency for

production or consumption requirements of the agency; or

(2) sanitary or phytosanitary measures under subpart 1.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 471, as added Pub. L. 103-182, title

III, Sec. 351(a), Dec. 8, 1993, 107 Stat. 2120.)

-CITE-

19 USC Sec. 2576a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 2 - standards-related measures

-HEAD-

Sec. 2576a. Inquiry point

-STATUTE-

The standards information center maintained under section 2544 of

this title shall, in addition to the functions specified therein,

make available to the public relevant documents, at such reasonable

fees as the Secretary of Commerce may prescribe, and information

regarding -

(1) the membership and participation of the Federal Government,

State governments, and relevant nongovernmental bodies in the

United States in international and regional standardizing bodies

and conformity assessment systems, and in bilateral and

multilateral arrangements regarding standards-related measures,

and the provisions of those systems and arrangements;

(2) the location of notices of the type required under article

909 of the NAFTA, or where the information contained in such

notice can be obtained; and

(3) the Federal agency procedures for assessment of risk, and

factors the agency considers in conducting the assessment and

establishing the levels of protection that the agency considers

appropriate.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 472, as added Pub. L. 103-182, title

III, Sec. 351(a), Dec. 8, 1993, 107 Stat. 2120.)

-CITE-

19 USC Sec. 2576b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 2 - standards-related measures

-HEAD-

Sec. 2576b. Subpart definitions

-STATUTE-

Notwithstanding section 2571 of this title, for purposes of this

subpart -

(1) Approval procedure

The term ''approval procedure'' means any registration,

notification, or other mandatory administrative procedure for

granting permission for a good or service to be produced,

marketed, or used for a stated purpose or under stated

conditions.

(2) Conformity assessment procedure

The term ''conformity assessment procedure'' means any

procedure used, directly or indirectly, to determine that a

technical regulation or standard is fulfilled, including

sampling, testing, inspection, evaluation, verification,

monitoring, auditing, assurance of conformity, accreditation,

registration, or approval used for such a purpose, but does not

mean an approval procedure.

(3) Objective

The term ''objective'' includes -

(A) safety,

(B) protection of human, animal, or plant life or health, the

environment or consumers, including matters relating to quality

and identifiability of goods or services, and

(C) sustainable development,

but does not include the protection of domestic production.

(4) Service

The term ''service'' means a land transportation service or a

telecommunications service.

(5) Standard

The term ''standard'' means -

(A) characteristics for a good or a service,

(B) characteristics, rules, or guidelines for -

(i) processes or production methods relating to such good,

or

(ii) operating methods relating to such service, and

(C) provisions specifying terminology, symbols, packaging,

marking, or labelling for -

(i) a good or its related process or production methods, or

(ii) a service or its related operating methods,

for common and repeated use, including explanatory and other

related provisions set out in a document approved by a

standardizing body, with which compliance is not mandatory.

(6) Standards-related measure

The term ''standards-related measure'' means a standard,

technical regulation, or conformity assessment procedure.

(7) Technical regulation

The term ''technical regulation'' means -

(A) characteristics or their related processes and production

methods for a good,

(B) characteristics for a service or its related operating

methods, or

(C) provisions specifying terminology, symbols, packaging,

marking, or labelling for -

(i) a good or its related process or production method, or

(ii) a service or its related operating method,

set out in a document, including applicable administrative,

explanatory, and other related provisions, with which compliance

is mandatory.

(8) Telecommunications service

The term ''telecommunications service'' means a service

provided by means of the transmission and reception of signals by

any electromagnetic means, but does not mean the cable,

broadcast, or other electromagnetic distribution of radio or

television programming to the public generally.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 473, as added Pub. L. 103-182, title

III, Sec. 351(a), Dec. 8, 1993, 107 Stat. 2120.)

-CITE-

19 USC subpart 3 - part definitions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 3 - part definitions

.

-HEAD-

subpart 3 - part definitions

-CITE-

19 USC Sec. 2577 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part E - Standards and Measures Under the North American Free Trade

Agreement

subpart 3 - part definitions

-HEAD-

Sec. 2577. Definitions

-STATUTE-

Notwithstanding section 2571 of this title, for purposes of this

part -

(1) NAFTA

The term ''NAFTA'' means the North American Free Trade

Agreement.

(2) State

The term ''State'' means any of the several States, the

District of Columbia, and the Commonwealth of Puerto Rico.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 481, as added Pub. L. 103-182, title

III, Sec. 351(a), Dec. 8, 1993, 107 Stat. 2122.)

-CITE-

19 USC Part F - International Standard-Setting Activities 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part F - International Standard-Setting Activities

.

-HEAD-

Part F - International Standard-Setting Activities

-CITE-

19 USC Sec. 2578 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part F - International Standard-Setting Activities

-HEAD-

Sec. 2578. Notice of United States participation in international

standard-setting activities

-STATUTE-

(a) In general

The President shall designate an agency to be responsible for

informing the public of the sanitary and phytosanitary

standard-setting activities of each international standard-setting

organization.

(b) Notification

Not later than June 1 of each year, the agency designated under

subsection (a) of this section with respect to each international

standard-setting organization shall publish notice in the Federal

Register of the information specified in subsection (c) of this

section with respect to that organization. The notice shall cover

the period ending on June 1 of the year in which the notice is

published, and beginning on the date of the preceding notice under

this subsection, except that the first such notice shall cover the

1-year period ending on the date of the notice.

(c) Required information

The information to be provided in the notice under subsection (b)

of this section is -

(1) the sanitary or phytosanitary standards under consideration

or planned for consideration by that organization;

(2) for each sanitary or phytosanitary standard specified in

paragraph (1) -

(A) a description of the consideration or planned

consideration of the standard;

(B) whether the United States is participating or plans to

participate in the consideration of the standard;

(C) the agenda for the United States participation, if any;

and

(D) the agency responsible for representing the United States

with respect to the standard.

(d) Public comment

The agency specified in subsection (c)(2)(D) of this section

shall provide an opportunity for public comment with respect to the

standards for which the agency is responsible and shall take the

comments into account in participating in the consideration of the

standards and in proposing matters to be considered by the

organization.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 491, as added Pub. L. 103-465, title

IV, Sec. 432, Dec. 8, 1994, 108 Stat. 4970.)

-MISC1-

EFFECTIVE DATE

Part effective on the date of entry into force of the WTO

Agreement with respect to the United States (Jan. 1, 1995), except

as otherwise provided, see section 451 of Pub. L. 103-465, set out

as a note under section 3601 of this title.

DESIGNATION OF AGENCY

Secretary of Agriculture designated under this section as

official responsible for informing public of sanitary and

phytosanitary standard-setting activities of each international

standard-setting organization, see par. (4) of Proc. No. 6780, Mar.

23, 1995, 60 F.R. 15847, set out as a note under section 3511 of

this title.

-CITE-

19 USC Sec. 2578a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part F - International Standard-Setting Activities

-HEAD-

Sec. 2578a. Equivalence determinations

-STATUTE-

(a) In general

An agency may not determine that a sanitary or phytosanitary

measure of a foreign country is equivalent to a sanitary or

phytosanitary measure established under the authority of Federal

law unless the agency determines that the sanitary or phytosanitary

measure of the foreign country provides at least the same level of

sanitary or phytosanitary protection as the comparable sanitary or

phytosanitary measure established under the authority of Federal

law.

(b) FDA determination

If the Commissioner proposes to issue a determination of the

equivalency of a sanitary or phytosanitary measure of a foreign

country to a measure that is required to be promulgated as a rule

under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et

seq.) or other statute administered by the Food and Drug

Administration, the Commissioner shall issue a proposed regulation

to incorporate such determination and shall include in the notice

of proposed rulemaking the basis for the determination that the

sanitary or phytosanitary measure of a foreign country provides at

least the same level of sanitary or phytosanitary protection as the

comparable Federal sanitary or phytosanitary measure. The

Commissioner shall provide opportunity for interested persons to

comment on the proposed regulation. The Commissioner shall not

issue a final regulation based on the proposal without taking into

account the comments received.

(c) Notice

If the Commissioner proposes to issue a determination of the

equivalency of a sanitary or phytosanitary measure of a foreign

country to a sanitary or phytosanitary measure of the Food and Drug

Administration that is not required to be promulgated as a rule

under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et

seq.) or other statute administered by the Food and Drug

Administration, the Commissioner shall publish a notice in the

Federal Register that identifies the basis for the determination

that the measure provides at least the same level of sanitary or

phytosanitary protection as the comparable Federal sanitary or

phytosanitary measure. The Commissioner shall provide opportunity

for interested persons to comment on the notice. The Commissioner

shall not issue a final determination on the issue of equivalency

without taking into account the comments received.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 492, as added Pub. L. 103-465, title

IV, Sec. 432, Dec. 8, 1994, 108 Stat. 4971; amended Pub. L.

104-295, Sec. 20(d)(1), Oct. 11, 1996, 110 Stat. 3529.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Food, Drug, and Cosmetic Act, referred to in subsecs.

(b) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as

amended, which is classified generally to chapter 9 (Sec. 301 et

seq.) of Title 21, Food and Drugs. For complete classification of

this Act to the Code, see section 301 of Title 21 and Tables.

-MISC2-

AMENDMENTS

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

for ''phystosanitary'' before ''measure of the Food and Drug

Administration''.

-CITE-

19 USC Sec. 2578b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER II - TECHNICAL BARRIERS TO TRADE (STANDARDS)

Part F - International Standard-Setting Activities

-HEAD-

Sec. 2578b. Definitions

-STATUTE-

(a) In general

As used in this part:

(1) Agency

The term ''agency'' means a Federal department or agency (or

combination of Federal departments or agencies).

(2) Commissioner

The term ''Commissioner'' means the Commissioner of Food and

Drugs.

(3) International standard-setting organization

The term ''international standard-setting organization'' means

an organization consisting of representatives of 2 or more

countries, the purpose of which is to negotiate, develop,

promulgate, or amend an international standard.

(4) Sanitary or phytosanitary standard

The term ''sanitary or phytosanitary standard'' means a

standard intended to form a basis for a sanitary or phytosanitary

measure.

(5) International standard

The term ''international standard'' means a standard,

guideline, or recommendation -

(A) regarding food safety, adopted by the Codex Alimentarius

Commission, including a standard, guideline, or recommendation

regarding decomposition elaborated by the Codex Committee on

Fish and Fishery Products, food additives, contaminants,

hygienic practice, and methods of analysis and sampling;

(B) regarding animal health and zoonoses, developed under the

auspices of the International Office of Epizootics;

(C) regarding plant health, developed under the auspices of

the Secretariat of the International Plant Protection

Convention in cooperation with the North American Plant

Protection Organization; or

(D) established by or developed under any other international

organization agreed to by the NAFTA countries (as defined in

section 3301(4) of this title) or by the WTO members (as

defined in section 3501(10) of this title).

(b) Other definitions

The definitions set forth in section 2575b of this title apply

for purposes of this part except that in applying paragraph (7) of

section 2575b of this title with respect to a sanitary or

phytosanitary measure of a foreign country, any reference in such

paragraph to the United States shall be deemed to be a reference to

that foreign country.

-SOURCE-

(Pub. L. 96-39, title IV, Sec. 493, as added Pub. L. 103-465, title

IV, Sec. 432, Dec. 8, 1994, 108 Stat. 4972.)

-CITE-

19 USC SUBCHAPTER III - MISCELLANEOUS PROVISIONS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

.

-HEAD-

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-CITE-

19 USC Sec. 2581 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2581. Auction of import licenses

-STATUTE-

(a) In general

Notwithstanding any other provision of law, the President may

sell import licenses at public auction under such terms and

conditions as he deems appropriate. Regulations prescribed under

this subsection shall, to the extent practicable and consistent

with efficient and fair administration, insure against inequitable

sharing of imports by a relatively small number of the larger

importers.

(b) ''Import license'' defined

For purposes of this section, the term ''import license'' means

any documentation used to administer a quantitative restriction

imposed or modified after July 26, 1979 under -

(1) section 125, 203, 301, or 406 of the Trade Act of 1974 (19

U.S.C. 2135, 2253, 2411, or 2436),

(2) the International Emergency Economic Powers Act (50 U.S.C.

1701-1706),

(3) authority under the notes of the Harmonized Tariff Schedule

of the United States, but not including any quantitative

restriction imposed under section 22 of the Agricultural

Adjustment Act of 1934 (7 U.S.C. 624),

(4) the Trading With the Enemy Act (50 U.S.C. App. 1-44),

(5) section 204 of the Agricultural Act of 1956 (7 U.S.C. 1854)

other than for meat or meat products, or

(6) any Act enacted explicitly for the purpose of implementing

an international agreement to which the United States is a party,

including such agreements relating to commodities, but not

including any agreement relating to cheese or dairy products.

-SOURCE-

(Pub. L. 96-39, title XI, Sec. 1102, July 26, 1979, 93 Stat. 307;

Pub. L. 100-418, title I, Sec. 1214(k), Aug. 23, 1988, 102 Stat.

1158.)

-REFTEXT-

REFERENCES IN TEXT

The International Emergency Economic Powers Act, referred to in

subsec. (b)(2), is Pub. L. 95-223, title II, Dec. 28, 1977, 91

Stat. 1626, which is classified generally to chapter 35 (Sec. 1701

et seq.) of Title 50, War and National Defense. For complete

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

out under section 1701 of Title 50 and Tables.

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (b)(3), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

The Trading With the Enemy Act, referred to in subsec. (b)(4), is

act Oct. 6, 1917, ch. 106, 40 Stat. 411, as amended, which is

classified to sections 1 to 6, 7 to 39 and 41 to 44 of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see Tables.

-MISC2-

AMENDMENTS

1988 - Subsec. (b)(3). Pub. L. 100-418 substituted ''notes of the

Harmonized Tariff Schedule of the United States'' for ''headnotes

of the 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.

EFFECTIVE DATE

Section 1114 of title XI of Pub. L. 96-39 provided that: ''Except

as otherwise provided in this title, this title (enacting this

subchapter, amending the Tariff Schedules of the United States and

sections 1315, 1337, 2112, 2119, 2131, 2155, 2192, 2253, 2432,

2434, 2435, 2462, 2463, 2464, 2481, and 2486 of this title, section

5315 of Title 5, Government Organization and Employees, and section

301 of Title 13, Census, enacting provisions set out as notes under

sections 2111, 2112, and 2464 of this title and 301 of Title 13,

and amending a provision set out as a note under section 2101 of

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

(July 26, 1979).''

-CITE-

19 USC Sec. 2582 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 13 - TRADE AGREEMENTS ACT OF 1979

SUBCHAPTER III - MISCELLANEOUS PROVISIONS

-HEAD-

Sec. 2582. Repealed. Pub. L. 98-67, title II, Sec. 214(d), Aug. 5,

1983, 97 Stat. 393

-MISC1-

Section, Pub. L. 96-39, title XI, Sec. 1112, July 26, 1979, 93

Stat. 316, authorized payment of compensation to losses in taxes

resulting from concessions granted by United States in Tokyo Round

of Multilateral Trade Negotiations on articles produced by United

States possessions on which excise taxes are levied by United

States.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 5, 1983, see section 218(a) of Pub. L.

98-67, which is classified to section 2706 of this title.

-CITE-