US (United States) Code. Title 19. Chapter 22: Uruguay round trade agreements

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

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19 USC CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

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-HEAD-

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

-MISC1-

Sec.

3501. Definitions.

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

PART A - APPROVAL OF AGREEMENTS AND RELATED PROVISIONS

3511. Approval and entry into force of Uruguay Round Agreements.

(a) Approval of agreements and statement of

administrative action.

(b) Entry into force.

(c) Authorization of appropriations.

(d) Trade agreements to which this Act applies.

3512. Relationship of agreements to United States law and State

law.

(a) Relationship of agreements to United States law.

(b) Relationship of agreements to State law.

(c) Effect of agreement with respect to private

remedies.

(d) Statement of administrative action.

3513. Implementing actions in anticipation of entry into force;

regulations.

(a) Implementing actions.

(b) Regulations.

PART B - TARIFF MODIFICATIONS

3521. Tariff modifications.

(a) In general.

(b) Other tariff modifications.

(c) Authority to increase duties on articles from

certain countries.

(d) Adjustments to certain column 2 rates of duty.

(e) Authority to consolidate subheadings and modify

column 2 rates of duty for tariff

simplification purposes.

3522. Liquidation or reliquidation and refund of duty paid on

certain entries.

(a) Liquidation or reliquidation.

(b) Requests.

(c) Entries.

3523. Duty free treatment for octadecyl isocyanate and

5-Chloro-2-(2,4-dichloro-phenoxy) phenol.

3524. Consultation and layover requirements for, and effective date

of, proclaimed actions.

PART C - URUGUAY ROUND IMPLEMENTATION AND DISPUTE SETTLEMENT

3531. Definitions.

3532. Implementation of Uruguay Round Agreements.

(a) Decisionmaking.

(b) Consultation with congressional committees.

(c) Report on decisions.

(d) Consultation on report.

3533. Dispute settlement panels and procedures.

(a) Review by President.

(b) Qualifications of appointees to panels.

(c) Rules governing conflicts of interest.

(d) Notification of disputes.

(e) Notice of appeals of panel reports.

(f) Actions upon circulation of reports.

(g) Requirements for agency action.

(h) Consultations regarding review of WTO rules and

procedures.

3534. Annual report on WTO.

3535. Review of participation in WTO.

(a) Report on operation of WTO.

(b) Congressional disapproval of U.S. participation

in WTO.

(c) Joint resolutions.

(d) Rules of House of Representatives and Senate.

3536. Increased transparency.

3537. Access to WTO dispute settlement process.

(a) In general.

(b) Notice and public comment.

(c) Access to documents.

(d) Requests for nonconfidential summaries.

(e) Public file.

3538. Administrative action following WTO panel reports.

(a) Action by United States International Trade

Commission.

(b) Action by administering authority.

(c) Effects of determinations; notice of

implementation.

(d) Opportunity for comment by interested parties.

3539. Fund for WTO dispute settlements.

(a) Establishment of fund.

(b) Authority of USTR to pay settlements.

(c) Appropriations.

(d) Management of fund.

PART D - RELATED PROVISIONS

3551. Working party on worker rights.

(a) In general.

(b) Objectives of working party.

(c) Report to Congress.

3552. Implementation of Rules of Origin work program.

3553. Membership in WTO of boycotting countries.

3554. Africa trade and development policy.

(a) Development of policy.

(b) Reports to Congress.

3555. Objectives for extended negotiations.

(a) Trade in financial services.

(b) Trade in basic telecommunications services.

(c) Trade in civil aircraft.

3556. Certain nonrubber footwear.

SUBCHAPTER II - ENFORCEMENT OF UNITED STATES RIGHTS UNDER SUBSIDIES

AGREEMENT

3571. Subsidies enforcement.

(a) Assistance regarding multilateral subsidy

remedies.

(b) Prohibited subsidies.

(c) Subsidies actionable under Agreement.

(d) Initiation of section 2411 investigation.

(e) Nonactionable subsidies.

(f) Notification, consultation, and publication.

(g) Cooperation of other agencies.

(h) Definitions.

(i) Treatment of proprietary information.

3572. Review of Subsidies Agreement.

(a) General objectives.

(b) Specific objective.

(c) Sunset of noncountervailable subsidies

provisions.

(d) Review of operation of Subsidies Agreement.

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

PART A - FOREIGN TRADE BARRIERS AND UNFAIR TRADE PRACTICES

3581. Objectives in intellectual property.

PART B - TEXTILES

3591. Textile product integration.

3592. Rules of origin for textile and apparel products.

(a) Regulatory authority.

(b) Principles.

(c) Effective date.

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

PART A - MARKET ACCESS

3601. Administration of tariff-rate quotas.

(a) Orderly marketing.

(b) Inadequate supply.

(c) Monitoring.

(d) Coverage of tariff-rate quotas.

3602. Special agricultural safeguard authority.

(a) Determination of trigger levels.

(b) Determination of safeguard.

(c) Imposition of safeguard.

(d) No simultaneous safeguard.

(e) Exclusion of NAFTA countries.

(f) Advice of Secretary of Agriculture.

(g) Termination date.

(h) Definitions.

PART B - EXPORTS

3611. Repealed.

PART C - OTHER PROVISIONS

3621. Tobacco proclamation authority.

(a) In general.

(b) Effective date.

3622. Repealed.

3623. Study of milk marketing order system.

3624. Additional program funding.

(a) Use of additional funds.

(b) Amount of additional funds.

(c) Effective date.

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19 USC Sec. 3501 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

-HEAD-

Sec. 3501. Definitions

-STATUTE-

For purposes of this Act:

(1) GATT 1947; GATT 1994

(A) GATT 1947

The term ''GATT 1947'' means the General Agreement on Tariffs

and Trade, dated October 30, 1947, annexed to the Final Act

Adopted at the Conclusion of the Second Session of the

Preparatory Committee of the United Nations Conference on Trade

and Employment, as subsequently rectified, amended, or modified

by the terms of legal instruments which have entered into force

before the date of entry into force of the WTO Agreement.

(B) GATT 1994

The term ''GATT 1994'' means the General Agreement on Tariffs

and Trade annexed to the WTO Agreement.

(2) HTS

The term ''HTS'' means the Harmonized Tariff Schedule of the

United States.

(3) International Trade Commission

The term ''International Trade Commission'' means the United

States International Trade Commission.

(4) Multilateral trade agreement

The term ''multilateral trade agreement'' means an agreement

described in section 3511(d) of this title (other than an

agreement described in paragraph (17) or (18) of such section).

(5) Schedule XX

The term ''Schedule XX'' means Schedule XX - United States of

America annexed to the Marrakesh Protocol to the GATT 1994.

(6) Trade Representative

The term ''Trade Representative'' means the United States Trade

Representative.

(7) Uruguay Round Agreements

The term ''Uruguay Round Agreements'' means the agreements

approved by the Congress under section 3511(a)(1) of this title.

(8) World Trade Organization and WTO

The terms ''World Trade Organization'' and ''WTO'' mean the

organization established pursuant to the WTO Agreement.

(9) WTO Agreement

The term ''WTO Agreement'' means the Agreement Establishing the

World Trade Organization entered into on April 15, 1994.

(10) WTO member and WTO member country

The terms ''WTO member'' and ''WTO member country'' mean a

state, or separate customs territory (within the meaning of

Article XII of the WTO Agreement), with respect to which the

United States applies the WTO Agreement.

-SOURCE-

(Pub. L. 103-465, Sec. 2, Dec. 8, 1994, 108 Stat. 4813.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-465, Dec. 8, 1994,

108 Stat. 4809, known as the Uruguay Round Agreements Act. For

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

note set out below and Tables.

The Harmonized Tariff Schedule of the United States, referred to

in par. (2), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

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SHORT TITLE

Section 1(a) of Pub. L. 103-465 provided that: ''This Act (see

Tables for classification) may be cited as the 'Uruguay Round

Agreements Act'.''

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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-

ACT REFERRED TO IN OTHER SECTIONS

The Uruguay Round Agreements Act is referred to in title 6

section 212.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1671, 1677, 1677k, 2252,

2462, 2571, 2578b, 2702, 2905, 2906, 3107, 3111, 3202, 3203, 3535,

3803, 3813 of this title; title 7 sections 624, 7991; title 15

section 1052; title 16 sections 620, 620c; title 17 sections 101,

104A; title 22 sections 262n-2, 286gg, 1978, 5712, 6903; title 35

section 104; title 42 sections 2296b, 2296b-6, 6374; title 49,

section 50103.

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19 USC SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS

RELATING TO, URUGUAY ROUND AGREEMENTS 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

.

-HEAD-

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

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19 USC Part A - Approval of Agreements and Related

Provisions 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part A - Approval of Agreements and Related Provisions

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-HEAD-

Part A - Approval of Agreements and Related Provisions

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19 USC Sec. 3511 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part A - Approval of Agreements and Related Provisions

-HEAD-

Sec. 3511. Approval and entry into force of Uruguay Round

Agreements

-STATUTE-

(a) Approval of agreements and statement of administrative action

Pursuant to section 2903 of this title and section 2191 of this

title, the Congress approves -

(1) the trade agreements described in subsection (d) of this

section resulting from the Uruguay Round of multilateral trade

negotiations under the auspices of the General Agreement on

Tariffs and Trade, entered into on April 15, 1994, and submitted

to the Congress on September 27, 1994; and

(2) the statement of administrative action proposed to

implement the agreements that was submitted to the Congress on

September 27, 1994.

(b) Entry into force

At such time as the President determines that a sufficient number

of foreign countries are accepting the obligations of the Uruguay

Round Agreements, in accordance with article XIV of the WTO

Agreement, to ensure the effective operation of, and adequate

benefits for the United States under, those Agreements, the

President may accept the Uruguay Round Agreements and implement

article VIII of the WTO Agreement.

(c) Authorization of appropriations

There are authorized to be appropriated annually such sums as may

be necessary for the payment by the United States of its share of

the expenses of the WTO.

(d) Trade agreements to which this Act applies

Subsection (a) of this section applies to the WTO Agreement and

to the following agreements annexed to that Agreement:

(1) The General Agreement on Tariffs and Trade 1994.

(2) The Agreement on Agriculture.

(3) The Agreement on the Application of Sanitary and

Phytosanitary Measures.

(4) The Agreement on Textiles and Clothing.

(5) The Agreement on Technical Barriers to Trade.

(6) The Agreement on Trade-Related Investment Measures.

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

General Agreement on Tariffs and Trade 1994.

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

General Agreement on Tariffs and Trade 1994.

(9) The Agreement on Preshipment Inspection.

(10) The Agreement on Rules of Origin.

(11) The Agreement on Import Licensing Procedures.

(12) The Agreement on Subsidies and Countervailing Measures.

(13) The Agreement on Safeguards.

(14) The General Agreement on Trade in Services.

(15) The Agreement on Trade-Related Aspects of Intellectual

Property Rights.

(16) The Understanding on Rules and Procedures Governing the

Settlement of Disputes.

(17) The Agreement on Government Procurement.

(18) The International Bovine Meat Agreement.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 101, Dec. 8, 1994, 108 Stat. 4814.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (d), is Pub. L. 103-465, Dec. 8,

1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act.

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

Title note set out under section 3501 of this title and Tables.

-MISC2-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

Executive Documents set out below, provide generally for the

implementation of the trade agreements resulting from the Uruguay

Round of multilateral trade negotiations, effective Jan. 1, 1995.

-EXEC-

PROC. NO. 6763. TO IMPLEMENT TRADE AGREEMENTS RESULTING FROM

URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS, AND FOR OTHER

PURPOSES

Proc. No. 6763, Dec. 23, 1994, 60 F.R. 1007, as amended by Proc.

No. 6780, Mar. 23, 1995, 60 F.R. 15849; Proc. No. 6857, Dec. 11,

1995, 60 F.R. 64817; Proc. No. 6948, Oct. 29, 1996, 61 F.R. 56387,

provided:

1. On April 15, 1994, the President entered into trade agreements

resulting from the Uruguay Round of multilateral trade negotiations

(''the Uruguay Round Agreements''). In section 101(a) of the

Uruguay Round Agreements Act (''the URAA'') (Public Law 103-465;

108 Stat. 4809) (19 U.S.C. 3511(a)), the Congress approved the

Uruguay Round Agreements listed in section 101(d) of that Act.

2. (a) Sections 1102(a) and (e) of the Omnibus Trade and

Competitiveness Act of 1988, as amended (''the 1988 Act'') (19

U.S.C. 2902(a) and (e)), authorize the President to proclaim such

modification or continuance of any existing duty, such continuance

of existing duty-free or excise treatment, or such additional

duties, as he determines to be required or appropriate to carry out

any trade agreements entered into under those sections.

(b) Accordingly, I have determined that it is required or

appropriate in order to carry out the Uruguay Round Agreements,

which were entered into under sections 1102(a) and (e) of the 1988

Act (19 U.S.C. 2902(a) and (e)), that I proclaim the modifications

and continuances of existing duties, duty-free treatments, excise

treatments, and additional duties set forth in the Annex to this

proclamation.

3. (a) Section 111(a) of the URAA (19 U.S.C. 3521(a)) authorizes

the President to proclaim such other modification of any duty, such

other staged rate reduction, or such other additional duties beyond

those authorized by section 1102 of the 1988 Act (19 U.S.C. 2902)

as the President determines to be necessary or appropriate to carry

out Schedule XX - United States of America, annexed to the

Marrakesh Protocol to the General Agreement on Tariffs and Trade

1994 (''Schedule XX'').

(b) Accordingly, I have determined that it is necessary or

appropriate to carry out Schedule XX to proclaim such other

modifications of duties, such other staged rate reductions, and

such other additional duties, beyond those authorized by section

1102 of the 1988 Act (19 U.S.C. 2902), as are set forth in the

Annex to this proclamation.

4. Section 111(d) of the URAA (19 U.S.C. 3521(d)) requires the

President to proclaim the rate of duty set forth in Column B of the

table set forth in that section as the column 2 rate of duty for

the subheading of the Harmonized Tariff Schedule of the United

States (''HTS'') (see 19 U.S.C. 1202) that corresponds to the

subheading in Schedule XX listed in Column A.

5. (a) Section 22(f) of the Agricultural Adjustment Act (''the

Adjustment Act'') (7 U.S.C. 624(f)), as amended by section

401(a)(1) of the URAA, provides that, as of the date of entry into

force of the Agreement Establishing the World Trade Organization

(''the WTO Agreement''), no quantitative limitation or fee shall be

imposed under that section with respect to any article that is the

product of a World Trade Organization member, as defined in section

2(10) of the URAA (19 U.S.C. 3501(10)).

(b) Section 401(a)(2) of the URAA (7 U.S.C. 624 note) further

provides that, with respect to wheat, amended section 22(f) of the

Adjustment Act (7 U.S.C. 624(f)) shall be effective on the later of

the date of entry into force of the WTO Agreement or September 12,

1995.

(c) Accordingly, I have decided that it is necessary to provide

for the termination of all quantitative limitations and fees

previously proclaimed under section 22 of the Adjustment Act (7

U.S.C. 624), other than those for wheat, as provided in the Annex

to this proclamation.

6. (a) Section 404(a) of the URAA (19 U.S.C. 3601(a)) directs the

President to take such action as may be necessary in implementing

the tariff-rate quotas set out in Schedule XX to ensure that

imports of agricultural products do not disrupt the orderly

marketing of commodities in the United States.

(b) Section 404(d)(3) of the URAA authorizes the President to

allocate the in-quota quantity of a tariff-rate quota for any

agricultural product among supplying countries or customs areas and

to modify any allocation, as he determines appropriate.

(c) Section 404(d)(5) of the URAA authorizes the President to

proclaim additional U.S. note 3 to chapter 17 of the HTS, dealing

with imports of sugar, together with appropriate modifications

thereto, to reflect Schedule XX.

(d) Section 405 of the URAA (19 U.S.C. 3602) directs the

President to cause to be published in the Federal Register the list

of special safeguard agricultural goods and, if appropriate, to

impose price-based or volume-based safeguards with respect to such

goods consistent with Article 5 of the Agreement on Agriculture

annexed to the WTO Agreement, and authorizes the President to

exempt from any safeguard duty any goods originating in a country

that is a party to the North American Free Trade Agreement (''the

NAFTA'').

7. Presidential Proclamation No. 6641 of December 15, 1993 (108

Stat. 5134), implemented the NAFTA with respect to the United

States and, pursuant to sections 201 and 202 of the North American

Free Trade Agreement Implementation Act (''the NAFTA Act'') (19

U.S.C. 3331 and 3332), incorporated in the HTS the tariff

modifications and rules of origin necessary or appropriate to carry

out or apply the NAFTA. Certain technical errors were made in the

Annexes to that proclamation. I have determined that, in order to

reflect accurately the intended tariff treatment and rules of

origin provided for in the NAFTA, it is necessary to modify certain

provisions of the HTS, as set forth in the Annex to this

proclamation.

8. Presidential Proclamation No. 6455 of July 2, 1992 (19 U.S.C.

3202 note), implementing the Andean Trade Preference Act (''the

ATPA'') (19 U.S.C. 3201 et seq.), provided duty-free entry for all

eligible articles, and duty reductions for certain other articles

that are the product of any designated beneficiary country under

that Act. Through technical error, the tariff treatment of ethyl

alcohol, ethyl tertiary-butyl ether, and mixtures containing these

products was incompletely stated. Accordingly, I have decided that

it is appropriate to modify the provisions of subchapter I of

chapter 99 of the HTS to provide fully for the tariff treatment of

such products under the ATPA.

9. Section 242 of the Compact of Free Association (''the

Compact'') between the United States and Palau provides that, upon

implementation of the Compact, the President shall proclaim

duty-free entry for most products of designated freely associated

states. Such duty-free treatment, pursuant to the Compact of Free

Association Approval Act (''the Compact Act'') (Public Law 99-658;

100 Stat. 3672, 48 U.S.C. 1681 note (48 U.S.C. 1931 et seq.)), is

subject to the limitations of section 201 of the Compact Act (48

U.S.C. 1931 note) and sections 503(b) and 504(c) of the Trade Act

of 1974 (''the 1974 Act'') (19 U.S.C. 2463(b) and 2464(c)). In

Presidential Proclamation No. 6726 of September 27, 1994 (48 U.S.C.

1931 note), I proclaimed that the Compact would enter into force on

October 1, 1994. In order to accord such duty-free treatment to

products of Palau, I have decided that it is necessary and

appropriate to modify general note 10 to the HTS to designate the

Republic of Palau as a freely associated state. Further, I have

decided that it is appropriate to modify general note 4(a) to the

HTS, which enumerates designated beneficiary countries for purposes

of the Generalized System of Preferences, to delete Palau from the

list of non-independent countries and territories.

10. Presidential Proclamation No. 5759 of December 24, 1987 (102

Stat. 4942), imposed increased rates of duty on certain products of

the European Community (''EC''), in response to the EC's

implementation of the Council Directive Prohibiting the Use in

Livestock Farming of Certain Substances Having a Hormonal Action.

Austria, Finland, and Sweden have indicated that they will become

member states of the EC on January 1, 1995. Accordingly, to clarify

that the increased rates of duty imposed by Proclamation No. 5759

continue to apply to the EC in its capacity as a foreign

instrumentality, it is necessary to amend the HTS to indicate that

the duties are to be imposed on products of the EC, including

products of all new and future member states, and not just on

products of countries that were members of the EC in 1987 and that

were listed in the HTS for illustrative purposes.

11. Additional U.S. note 24 to chapter 4 of Schedule XX provides

for a delay in the effective date, or prorating, of the expansion

of tariff-rate quotas for cheeses above the existing quota

quantities provided for in subchapter IV of chapter 99 of the HTS

that will result from the implementation of United States

commitments under the Uruguay Round Agreements, in the case of

countries or areas that implement their market access commitments

on a date later than the effective date of Schedule XX. The current

members of the European Community (Belgium, Denmark, France, the

Federal Republic of Germany, Greece, Ireland, Italy, Luxembourg,

the Netherlands, Portugal, Spain, and the United Kingdom), Austria,

Poland, Sweden, and Switzerland all have indicated their intention

not to implement their market access commitments until July 1,

1995. Accordingly, I have determined, pursuant to my authority

under sections 111(a) and (b) of the URAA (19 U.S.C. 3521(a), (b))

and section 1102 of the 1988 Act (19 U.S.C. 2902), that it is

appropriate not to make available the amounts specified in section

K of the Annex to this proclamation until July 1, 1995.

12. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the

President to embody in the HTS the substance of the relevant

provisions of that Act, of other acts affecting import treatment,

and actions thereunder, including the removal, modification,

continuance, or imposition of any rate of duty or other import

restriction.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States of America,

including but not limited to section 604 of the 1974 Act (19 U.S.C.

2483), section 1102 of the 1988 Act (19 U.S.C. 2902), sections 201

and 202 of the NAFTA Act (19 U.S.C. 3331 and 3332), and title I (19

U.S.C. 3511 et seq.) and title IV (see Tables for classification)

of the URAA, do hereby proclaim:

(1) In order to provide generally for the tariff treatment being

accorded under the Uruguay Round Agreements, including the

modification or continuance of existing duties or other import

restrictions and the continuance of existing duty-free or excise

treatment provided for in Schedule XX, the URAA, and the other

authorities cited in this proclamation, including the termination

of quantitative limitations and fees previously imposed under

section 22 of the Adjustment Act (7 U.S.C. 624), the HTS is

modified as set forth in the Annex to this proclamation.

(2)(a) The modifications to the HTS made by sections A (except

with respect to paragraphs thereof specifying other effective

dates), C, E, and IJ of the Annex to this proclamation shall be

effective with respect to goods entered, or withdrawn from

warehouse for consumption, on and after January 1, 1995;

(b) The modifications to the HTS made by sections B, D(1)-(5), F,

G, H, and L of the Annex to this proclamation, and by those

paragraphs of section A specifying effective dates other than

January 1, 1995, shall be effective with respect to goods entered,

or withdrawn from warehouse for consumption, on and after the dates

set forth in such sections of the Annex;

(c) The modifications to the HTS made by section D(6) of the

Annex to this proclamation shall be effective with respect to goods

entered, or withdrawn from warehouse for consumption, on and after

the dates set forth in such section, unless the United States Trade

Representative (USTR) announces that the scheduled staged duty

reductions set forth in such Annex section are being withheld

because other major countries have not afforded adequate entity

coverage under the Agreement on Government Procurement annexed to

the WTO Agreement, and so advises the Secretary of the Treasury and

publishes this information in a notice in the Federal Register;

(d) The modifications to the HTS made by section D(7) of the

Annex to this proclamation shall be effective with respect to goods

entered, or withdrawn from warehouse for consumption, on and after

the date announced by the USTR in a notice published in the Federal

Register as the date on which other major countries have afforded

adequate entity coverage under the Agreement on Government

Procurement annexed to the WTO Agreement; and

(e) Section K of the Annex to this proclamation, providing for a

delay in implementation of the expansion of tariff-rate quotas of

cheeses, applies during the period January 1, 1995, through June

30, 1995, unless the USTR determines that it is in the interest of

the United States for any such delays to apply to a different

period and publishes notice of the determination and applicable

period in the Federal Register. The USTR also is authorized to

prorate over the applicable period any of the quantities that may

be imported.

(3) The USTR is authorized to exercise my authority under section

404(d)(3) (19 U.S.C. 3601(d)(3)) of the URAA to allocate the

in-quota quantity of a tariff-rate quota for any agricultural

product among supplying countries or customs areas and to modify

any allocation as the USTR determines appropriate.

(4) The Secretary of Agriculture is authorized to exercise my

authority to make determinations under section 405(a) of the URAA

(19 U.S.C. 3602(a)) and to publish those determinations in the

Federal Register.

(5) Effective January 1, 1995, in order to clarify that the

additional duty provided for in subheadings 9903.23.00 through

9903.23.35, inclusive, of the HTS shall apply to new member states

of the European Community, the superior text to those subheadings

is modified as provided in the Annex to this proclamation. The

USTR is authorized to alter the application of the increased duties

imposed by Presidential Proclamation No. 5759 (102 Stat. 4942), as

modified herein, by further modifying the superior text to those

subheadings so that it reflects accurately all member states of the

European Community or any successor organization. Notice of any

such modification shall be published in the Federal Register.

(6) Whenever the rate of duty in the general subcolumn of rates

of duty column 1 of the HTS is reduced to ''Free'', all rates of

duty set forth in the special subcolumn of column 1 shall be

deleted from the HTS.

(7) The USTR, the Secretary of Agriculture, and the Secretary of

the Treasury are authorized to exercise my authority under the

statutes cited in this proclamation to perform certain functions to

implement this proclamation, as assigned to them in the Annex to

this proclamation.

(8) Paragraphs (1)-(4), (6), and (7) shall be effective on

January 1, 1995, unless the USTR announces prior to that date that

the WTO Agreement will not enter into force on that date.

(9) All provisions of previous proclamations and Executive orders

that are inconsistent with the actions taken in this proclamation

are superseded to the extent of such inconsistency.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third

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

ninety-four, and of the Independence of the United States of

America the two hundred and nineteenth. William J. Clinton.

ANNEX

The Annex of Proclamation 6763, which amended the Harmonized

Tariff Schedule of the United States, is not set out under this

section because the Harmonized Tariff Schedule is not set out in

the Code. See Publication of Harmonized Tariff Schedule note set

out under section 1202 of this title.

PROC. NO. 6780. TO IMPLEMENT CERTAIN PROVISIONS OF TRADE AGREEMENTS

RESULTING FROM URUGUAY ROUND OF MULTILATERAL TRADE NEGOTIATIONS,

AND FOR OTHER PURPOSES

Proc. No. 6780, Mar. 23, 1995, 60 F.R. 15845, provided:

1. On April 15, 1994, I entered into trade agreements resulting

from the Uruguay Round of multilateral trade negotiations (''the

Uruguay Round Agreements''). In section 101(a) of the Uruguay Round

Agreements Act (''the URAA'') (Public Law 103-465; 108 Stat. 4814)

(19 U.S.C. 3511(a)), the Congress approved the Uruguay Round Trade

Agreements listed in section 101(d) of that Act.

2. Pursuant to section 101(b) of the URAA (19 U.S.C. 3511(b)), I

decided to accept the Agreement Establishing the World Trade

Organization (''the WTO Agreement'') on behalf of the United

States, and I determined that the WTO Agreement entered into force

for the United States on January 1, 1995.

3. (a) Sections 1102(a) and (e) of the Omnibus Trade and

Competitiveness Act of 1988, as amended (''the 1988 Act'') (19

U.S.C. 2902(a) and (e)), authorize the President to proclaim such

modification or continuance of any existing duty, such continuance

of existing duty-free or excise treatment, or such additional

duties, as he determines to be required or appropriate to carry out

any trade agreement entered into under these sections.

(b) Section 111(a) of the URAA (19 U.S.C. 3521(a)) authorizes the

President to proclaim such other modification of any duty, such

other staged rate reduction, or such other additional duties beyond

those authorized by section 1102 of the 1988 Act (19 U.S.C. 2902)

as the President determines to be necessary or appropriate to carry

out Schedule XX - United States of America, annexed to the

Marrakesh Protocol to the General Agreement on Tariffs and Trade

1994 (''Schedule XX'').

(c) Section 103(a) of the URAA (19 U.S.C. 3513(a)) authorizes the

President to proclaim such actions as may be necessary to ensure

that any provision or amendment made by the URAA that takes effect

on the date that any of the Uruguay Round Agreements enters into

force with respect to the United States is appropriately

implemented on such date.

4. Proclamation 6763 of December 23, 1994 (set out above),

implemented the Uruguay Round Agreements, including Schedule XX,

with respect to the United States; and incorporated in the

Harmonized Tariff Schedule of the United States (''the HTS'') (see

19 U.S.C. 1202) tariff modifications necessary and appropriate to

carry out the Uruguay Round Agreements and certain conforming

changes in rules of origin for the North American Free Trade

Agreement (''NAFTA''). Certain technical errors, including

inadvertent omissions, were made in that proclamation. I have

determined that it is necessary, to reflect accurately the intended

tariff treatment provided for in the Uruguay Round Agreements and

to ensure the continuation of the agreed NAFTA rules of origin, to

modify certain provisions of the HTS, as set forth in the Annex to

this proclamation.

5. (a) One of the Uruguay Round Agreements approved by the

Congress in sections 101(a) and 101(d) of the URAA (19 U.S.C.

3511(a) and (d)) is the Agreement on Trade-Related Aspects of

Intellectual Property Rights (''the TRIPs Agreement'').

(b) Section 104A of title 17, United States Code, as amended by

section 514 of the URAA, provides for copyright protection in

restored works. Section 104A(h), as amended, provides that the

date of restoration of a restored copyright shall be the date on

which the TRIPs Agreement enters into forcewith (sic) respect to

the United States, if the source country is a nation adhering to

the Berne Convention or a World Trade Organization (WTO) member on

such date.

(c) Article 65, paragraph 1, of the TRIPs Agreement provides that

no WTO member shall be obliged to apply the provisions of this

Agreement until one year after the date of entry into force of the

WTO Agreement. The date of entry into force of the WTO Agreement

with respect to the United States was January 1, 1995.

(d) The statement of administrative action, approved by the

Congress in section 101(a)(2) of the URAA (19 U.S.C. 3511(a)(2)),

provides that, ''in general, copyright will be restored on the date

when the TRIPs Agreement's obligations take effect for the United

States.''

(e) Accordingly, I have decided that it is necessary and

appropriate, in order to implement the TRIPs Agreement and to

ensure that section 514 of the URAA (amending sections 104A and 109

of Title 17, Copyrights) is appropriately implemented, to proclaim

that the date on which the obligations of the TRIPs Agreement will

take effect for the United States is January 1, 1996.

6. (a) Section 902(a)(2) of title 17, United States Code,

authorizes the President to extend protection under chapter 9 of

title 17, United States Code, to mask works of owners who are

nationals, domiciliaries, or sovereign authorities of, and to mask

works, which are first commercially exploited in, a foreign nation

that grants United States mask work owners substantially the same

protection that it grants its own nationals and domiciliaries, or

that grants protection to such works on substantially the same

basis as does chapter 9 of title 17, United States Code.

(b) Australia, Canada, Japan, Switzerland, and the Member States

of the European Community provide adequate and effective protection

for mask works within the meaning of 17 U.S.C. 902(a)(2), and have

been subject to interim protection under 17 U.S.C. 914.

Consequently, I find that these countries satisfy the requirements

of 17 U.S.C. 902(a)(2), and are to be extended full protection

under chapter 9 of title 17, United States Code, effective on July

1, 1995.

(c) In addition, 17 U.S.C. 902(a)(1)(A)(ii) provides that mask

work owners who are nationals, domiciliaries, or sovereign

authorities of a foreign nation that is a party to a treaty

affording protection to mask works to which the United States is

also a party are eligible for protection under chapter 9 of title

17, United States Code. The TRIPs Agreement, which requires all WTO

members to provide protection equivalent to that provided under

chapter 9 of title 17 on the basis of national treatment, is such

an agreement. Because the United States is a member of the WTO and

thus of the TRIPs Agreement, and because the TRIPs Agreement will

be effective for the United States on January 1, 1996, all other

WTO members will become eligible for full protection under chapter

9 of title 17, United States Code, on January 1, 1996.

7. Section 491 of the Trade Agreements Act of 1979, as amended

(''the 1979 Act'') (19 U.S.C. 2578), requires the President to

designate an agency to be responsible for informing the public of

the sanitary and phytosanitary standard-setting activities of each

international standard-setting organization. I have decided to

designate the Department of Agriculture as the agency responsible

for providing the public with this information.

8. (a) The March 24, 1994, Memorandum of Understanding on the

Results of the Uruguay Round Market Access Negotiations on

Agriculture Between the United States of America and Argentina

(''the MOU''), submitted to the Congress along with the Uruguay

Round Agreements, provides for ''an appropriate certificate of

origin'' for imports of peanuts and peanut butter and peanut paste

from Argentina.

(b) Proclamation 6763 (set out above) proclaimed the Schedule XX

tariff rate quotas for peanuts and peanut butter and peanut paste.

However, that proclamation did not specify which agency should

implement the MOU.

(c) Section 404 of the URAA (19 U.S.C. 3601) requires the

President to take such action as may be necessary to ensure that

imports of agricultural products do not disrupt the orderly

marketing of commodities in the United States.

(d) Accordingly, I have decided to delegate to the United States

Trade Representative (''the USTR'') my authority under section 404

of the URAA to implement the MOU, through such regulations as the

USTR, or, at the direction of the USTR, other appropriate agencies,

may issue.

9. Section 604 of the Trade Act of 1974, as amended (19 U.S.C.

2483) (''the 1974 Act''), authorizes the President to embody in the

HTS the substance of the relevant provisions of that Act, of other

Acts affecting import treatment, and actions thereunder, including

the removal, modification, continuance, or imposition of any rate

of duty or other import restriction.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States, including but not

limited to section 301 of title 3, United States Code, section

902(a)(1) and (2) of title 17, United States Code, section 604 of

the 1974 Act, as amended (19 U.S.C. 2483), section 491 of the 1979

Act, as amended (19 U.S.C. 2578), section 1102 of the 1988 Act, as

amended (19 U.S.C. 2902), title I of the URAA (19 U.S.C.

3511-3551), and section 404 of the URAA (19 U.S.C. 3601), do hereby

proclaim that:

(1) To more completely implement the tariff treatment accorded

under the Uruguay Round Agreements, the HTS is modified as set

forth in the Annex to this proclamation.

(2) The obligations of the TRIPs Agreement shall enter into force

for the United States on January 1, 1996.

(3) Australia, Canada, Japan, Switzerland, and the Member States

of the European Community shall be extended full protection under

chapter 9 of title 17, United States Code, effective on July 1,

1995. In addition, as of January 1, 1996, full protection under

chapter 9 of title 17, United States Code, shall be extended to all

WTO Members.

(4) The Secretary of Agriculture is designated, under section 491

of the 1979 Act, as amended (19 U.S.C. 2578), as the official

responsible for informing the public of the sanitary and

phytosanitary standard-setting activities of each international

standard-setting organization.

(5) The USTR is authorized to exercise my authority under section

404 of the URAA (19 U.S.C. 3601) to implement the MOU with

Argentina, through such regulations as the USTR, or, at the

direction of the USTR, other appropriate agencies, may issue.

(6) In order to make conforming changes and technical corrections

to certain HTS provisions, pursuant to actions taken in

Proclamation 6763 (set out above), the HTS and Proclamation 6763

are modified as set forth in the Annex to this proclamation.

(7) All provisions of previous proclamations and Executive orders

that are inconsistent with the actions taken in this proclamation

are superseded to the extent of such inconsistency.

(8) This proclamation shall be effective upon publication in the

Federal Register.

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third

day of March, in the year of our Lord nineteen hundred and

ninety-five, and of the Independence of the United States of

America the two hundred and nineteenth. William J. Clinton.

ANNEX

The Annex of Proclamation 6780, which amended the Harmonized

Tariff Schedule of the United States, is not set out under this

section because the Harmonized Tariff Schedule is not set out in

the Code. See Publication of Harmonized Tariff Schedule note set

out under section 1202 of this title.

EX. ORD. NO. 13042. IMPLEMENTING FOR UNITED STATES ARTICLE VIII OF

AGREEMENT ESTABLISHING WORLD TRADE ORGANIZATION CONCERNING LEGAL

CAPACITY AND PRIVILEGES AND IMMUNITIES

Ex. Ord. No. 13042, Apr. 9, 1997, 62 F.R. 18017, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

101(b) of the Uruguay Round Agreements Act (Public Law 103-465) (19

U.S.C. 3511(b)) and section 1 of the International Organizations

Immunities Act (22 U.S.C. 288), I hereby implement for the United

States the provisions of Article VIII of the Agreement Establishing

the World Trade Organization.

Section 1. The provisions of the Convention on the Privileges and

Immunities of the Specialized Agencies (U.N. General Assembly

Resolution 179 (II) of November 21, 1947, 33 U.N.T.S. 261) shall

apply to the World Trade Organization, its officials, and the

representatives of its members, provided: (1) sections 19(b) and

15, regarding immunity from taxation, and sections 13(d) and

section 20, regarding immunity from national service obligations,

shall not apply to U.S. nationals and aliens admitted for permanent

residence; (2) with respect to section 13(d) and section 19(c),

regarding exemption from immigration restrictions and alien

registration requirements, World Trade Organization officials and

representatives of its members shall be entitled to the same, and

no greater, privileges, exemptions, and immunities as are accorded

under similar circumstances to officers and employees of foreign

governments, and members of their families; (3) with respect to

section 9(a) regarding exemption from taxation, such exemption

shall not extend to taxes levied on real property, or that portion

of real property, which is not used for the purposes of the World

Trade Organization. The leasing or renting by the World Trade

Organization of its property to another entity or person to

generate revenue shall not be considered a use for the purposes of

the World Trade Organization. Whether property or portions thereof

are used for the purposes of the World Trade Organization shall be

determined within the sole discretion of the Secretary of State or

the Secretary's designee; (4) with respect to section 25(2)(II)

regarding approval of orders to leave the United States, ''Foreign

Minister'' shall mean the Secretary of State or the Secretary's

designee.

Sec. 2. In addition and without impairment to the protections

extended above, having found that the World Trade Organization is a

public international organization in which the United States

participates within the meaning of the International Organizations

Immunities Act (22 U.S.C. 288 et seq.), I hereby designate the

World Trade Organization as a public international organization

entitled to enjoy the privileges, exemptions, and immunities

conferred by that Act, except that section 6 of that Act (22 U.S.C.

288c), providing exemption from property tax imposed by, or under

the authority of, any Act of Congress, shall not extend to taxes

levied on property, or that portion of property, that is not used

for the purposes of the World Trade Organization. The leasing or

renting by the World Trade Organization of its property to another

entity or person to generate revenue shall not be considered a use

for the purposes of the World Trade Organization. Whether property

or portions thereof are used for the purposes of the World Trade

Organization shall be determined within the sole discretion of the

Secretary of State or the Secretary's designee. This designation

is not intended to abridge in any respect privileges, exemptions,

or immunities that the World Trade Organization otherwise enjoys or

may acquire by international agreements or by congressional action.

William J. Clinton.

ACCEPTANCE OF WTO AGREEMENT

Memorandum of President of the United States, Dec. 23, 1994, 60

F.R. 1003, provided:

Memorandum for the United States Trade Representative

Being advised that Canada, the European Community, Mexico, Japan,

and other major trading countries have committed to acceptance of

the Uruguay Round Agreements, I have determined that a sufficient

number of foreign countries are accepting the obligations of those

Agreements, in accordance with article XIV of the Agreement

Establishing the World Trade Organization (WTO Agreement), to

ensure the effective operation of, and adequate benefits for the

United States under, those Agreements.

Pursuant to section 101(b) of the Uruguay Round Agreements Act

(Public Law 103-465; 108 Stat. 4809) (19 U.S.C. 3511(b)) and

section 301 of title 3, United States Code, I hereby direct the

United States Trade Representative, or his designee, to accept the

Uruguay Round Agreements, as described in section 101(d) of that

Act, on behalf of the United States in accordance with article XIV

of the WTO Agreement.

You are authorized and directed to publish this memorandum in the

Federal Register. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1677, 2242, 2252, 2411,

2414, 2416, 2518, 2571, 2703, 3203, 3501, 3512, 3513, 3531, 3535,

3552, 3555, 3571, 3572, 3581, 3591, 3602, 3802, 3813 of this title;

title 7 sections 1854, 7272; title 17 section 104A; title 22

sections 262n-2, 6903; title 30 section 1903; title 33 section

891e; title 42 section 12403.

-CITE-

19 USC Sec. 3512 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part A - Approval of Agreements and Related Provisions

-HEAD-

Sec. 3512. Relationship of agreements to United States law and

State law

-STATUTE-

(a) Relationship of agreements to United States law

(1) United States law to prevail in conflict

No provision of any of the Uruguay Round Agreements, nor the

application of any such provision to any person or circumstance,

that is inconsistent with any law of the United States shall have

effect.

(2) Construction

Nothing in this Act shall be construed -

(A) to amend or modify any law of the United States,

including any law relating to -

(i) the protection of human, animal, or plant life or

health,

(ii) the protection of the environment, or

(iii) worker safety, or

(B) to limit any authority conferred under any law of the

United States, including section 2411 of this title,

unless specifically provided for in this Act.

(b) Relationship of agreements to State law

(1) Federal-State consultation

(A) In general

On December 8, 1994, the President shall, through the

intergovernmental policy advisory committees on trade

established under section 2114c(2)(A) of this title, consult

with the States for the purpose of achieving conformity of

State laws and practices with the Uruguay Round Agreements.

(B) Federal-State consultation process

The Trade Representative shall establish within the Office of

the United States Trade Representative a Federal-State

consultation process for addressing issues relating to the

Uruguay Round Agreements that directly relate to, or will

potentially have a direct effect on, the States. The

Federal-State consultation process shall include procedures

under which -

(i) the States will be informed on a continuing basis of

matters under the Uruguay Round Agreements that directly

relate to, or will potentially have a direct impact on, the

States;

(ii) the States will be provided an opportunity to submit,

on a continuing basis, to the Trade Representative

information and advice with respect to matters referred to in

clause (i); and

(iii) the Trade Representative will take into account the

information and advice received from the States under clause

(ii) when formulating United States positions regarding

matters referred to in clause (i).

The Federal Advisory Committee Act (5 U.S.C. App.) shall not

apply to the Federal-State consultation process established by

this paragraph.

(C) Federal-State cooperation in WTO dispute settlement

(i) When a WTO member requests consultations with the United

States under Article 4 of the Understanding on Rules and

Procedures Governing the Settlement of Disputes referred to in

section 3511(d)(16) of this title (hereafter in this subsection

referred to as the ''Dispute Settlement Understanding'')

concerning whether the law of a State is inconsistent with the

obligations undertaken by the United States in any of the

Uruguay Round Agreements, the Trade Representative shall notify

the Governor of the State or the Governor's designee, and the

chief legal officer of the jurisdiction whose law is the

subject of the consultations, as soon as possible after the

request is received, but in no event later than 7 days

thereafter.

(ii) Not later than 30 days after receiving such a request

for consultations, the Trade Representative shall consult with

representatives of the State concerned regarding the matter.

If the consultations involve the laws of a large number of

States, the Trade Representative may consult with an

appropriate group of representatives of the States concerned,

as determined by those States.

(iii) The Trade Representative shall make every effort to

ensure that the State concerned is involved in the development

of the position of the United States at each stage of the

consultations and each subsequent stage of dispute settlement

proceedings regarding the matter. In particular, the Trade

Representative shall -

(I) notify the State concerned not later than 7 days after

a WTO member requests the establishment of a dispute

settlement panel or gives notice of the WTO member's decision

to appeal a report by a dispute settlement panel regarding

the matter; and

(II) provide the State concerned with the opportunity to

advise and assist the Trade Representative in the preparation

of factual information and argumentation for any written or

oral presentations by the United States in consultations or

in proceedings of a panel or the Appellate Body regarding the

matter.

(iv) If a dispute settlement panel or the Appellate Body

finds that the law of a State is inconsistent with any of the

Uruguay Round Agreements, the Trade Representative shall

consult with the State concerned in an effort to develop a

mutually agreeable response to the report of the panel or the

Appellate Body and shall make every effort to ensure that the

State concerned is involved in the development of the United

States position regarding the response.

(D) Notice to States regarding consultations on foreign

subcentral government laws

(i) Subject to clause (ii), the Trade Representative shall,

at least 30 days before making a request for consultations

under Article 4 of the Dispute Settlement Understanding

regarding a subcentral government measure of another WTO

member, notify, and solicit the views of, appropriate

representatives of each State regarding the matter.

(ii) In exigent circumstances clause (i) shall not apply, in

which case the Trade Representative shall notify the

appropriate representatives of each State not later than 3 days

after making the request for consultations referred to in

clause (i).

(2) Legal challenge

(A) In general

No State law, or the application of such a State law, may be

declared invalid as to any person or circumstance on the ground

that the provision or application is inconsistent with any of

the Uruguay Round Agreements, except in an action brought by

the United States for the purpose of declaring such law or

application invalid.

(B) Procedures governing action

In any action described in subparagraph (A) that is brought

by the United States against a State or any subdivision thereof

-

(i) a report of a dispute settlement panel or the Appellate

Body convened under the Dispute Settlement Understanding

regarding the State law, or the law of any political

subdivision thereof, shall not be considered as binding or

otherwise accorded deference;

(ii) the United States shall have the burden of proving

that the law that is the subject of the action, or the

application of that law, is inconsistent with the agreement

in question;

(iii) any State whose interests may be impaired or impeded

in the action shall have the unconditional right to intervene

in the action as a party, and the United States shall be

entitled to amend its complaint to include a claim or

cross-claim concerning the law of a State that so intervenes;

and

(iv) any State law that is declared invalid shall not be

deemed to have been invalid in its application during any

period before the court's judgment becomes final and all

timely appeals, including discretionary review, of such

judgment are exhausted.

(C) Reports to congressional committees

At least 30 days before the United States brings an action

described in subparagraph (A), the Trade Representative shall

provide a report to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the

Senate -

(i) describing the proposed action;

(ii) describing efforts by the Trade Representative to

resolve the matter with the State concerned by other means;

and

(iii) if the State law was the subject of consultations

under the Dispute Settlement Understanding, certifying that

the Trade Representative has substantially complied with the

requirements of paragraph (1)(C) in connection with the

matter.

Following the submission of the report, and before the action is

brought, the Trade Representative shall consult with the

committees referred to in the preceding sentence concerning the

matter.

(3) ''State law'' defined

For purposes of this subsection -

(A) the term ''State law'' includes -

(i) any law of a political subdivision of a State; and

(ii) any State law regulating or taxing the business of

insurance; and

(B) the terms ''dispute settlement panel'' and ''Appellate

Body'' have the meanings given those terms in section 3531 of

this title.

(c) Effect of agreement with respect to private remedies

(1) Limitations

No person other than the United States -

(A) shall have any cause of action or defense under any of

the Uruguay Round Agreements or by virtue of congressional

approval of such an agreement, or

(B) may challenge, in any action brought under any provision

of law, any action or inaction by any department, agency, or

other instrumentality of the United States, any State, or any

political subdivision of a State on the ground that such action

or inaction is inconsistent with such agreement.

(2) Intent of Congress

It is the intention of the Congress through paragraph (1) to

occupy the field with respect to any cause of action or defense

under or in connection with any of the Uruguay Round Agreements,

including by precluding any person other than the United States

from bringing any action against any State or political

subdivision thereof or raising any defense to the application of

State law under or in connection with any of the Uruguay Round

Agreements -

(A) on the basis of a judgment obtained by the United States

in an action brought under any such agreement; or

(B) on any other basis.

(d) Statement of administrative action

The statement of administrative action approved by the Congress

under section 3511(a) of this title shall be regarded as an

authoritative expression by the United States concerning the

interpretation and application of the Uruguay Round Agreements and

this Act in any judicial proceeding in which a question arises

concerning such interpretation or application.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 102, Dec. 8, 1994, 108 Stat. 4815.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsecs. (a)(2) and (d), is Pub. L.

103-465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round

Agreements Act. For complete classification of this Act to the

Code, see Short Title note set out under section 3501 of this title

and Tables.

The Federal Advisory Committee Act, referred to in subsec.

(b)(1)(B), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as

amended, which is set out in the Appendix to Title 5, Government

Organization and Employees.

-CITE-

19 USC Sec. 3513 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part A - Approval of Agreements and Related Provisions

-HEAD-

Sec. 3513. Implementing actions in anticipation of entry into

force; regulations

-STATUTE-

(a) Implementing actions

After December 8, 1994 -

(1) the President may proclaim such actions, and

(2) other appropriate officers of the United States Government

may issue such regulations,

as may be necessary to ensure that any provision of this Act, or

amendment made by this Act, that takes effect on the date any of

the Uruguay Round Agreements enters into force with respect to the

United States is appropriately implemented on such date. Such

proclamation or regulation may not have an effective date earlier

than the date of entry into force with respect to the United States

of the agreement to which the proclamation or regulation relates.

(b) Regulations

Any interim regulation necessary or appropriate to carry out any

action proposed in the statement of administrative action approved

under section 3511(a) of this title to implement an agreement

described in section 3511(d)(7), (12), or (13) of this title shall

be issued not later than 1 year after the date on which the

agreement enters into force with respect to the United States.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 103, Dec. 8, 1994, 108 Stat. 4819.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 103-465, Dec. 8,

1994, 108 Stat. 4809, known as the Uruguay Round Agreements Act.

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

Title note set out under section 3501 of this title and Tables.

-MISC2-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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 sections 3522, 3523 of this title.

-CITE-

19 USC Part B - Tariff Modifications 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part B - Tariff Modifications

.

-HEAD-

Part B - Tariff Modifications

-CITE-

19 USC Sec. 3521 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part B - Tariff Modifications

-HEAD-

Sec. 3521. Tariff modifications

-STATUTE-

(a) In general

In addition to the authority provided by section 2902 of this

title, the President shall have the authority to proclaim -

(1) such other modification of any duty,

(2) such other staged rate reduction, or

(3) such additional duties,

as the President determines to be necessary or appropriate to carry

out Schedule XX.

(b) Other tariff modifications

Subject to the consultation and layover requirements of section

3524 of this title, the President may proclaim -

(1) the modification of any duty or staged rate reduction of

any duty set forth in Schedule XX if -

(A) the United States agrees to such modification or staged

rate reduction in a multilateral negotiation under the auspices

of the WTO, and

(B) such modification or staged rate reduction applies to the

rate of duty on an article contained in a tariff category that

was the subject of reciprocal duty elimination or harmonization

negotiations during the Uruguay Round of multilateral trade

negotiations, and

(2) such modifications as are necessary to correct technical

errors in Schedule XX or to make other rectifications to the

Schedule.

(c) Authority to increase duties on articles from certain countries

(1) In general

(A) Determination with respect to certain countries

Notwithstanding section 1881 of this title, after the entry

into force of the WTO Agreement with respect to the United

States, if the President -

(i) determines that a foreign country (other than a foreign

country that is a WTO member country) is not according

adequate trade benefits to the United States, including

substantially equal competitive opportunities for the

commerce of the United States, and

(ii) consults with the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the

Senate,

the President may proclaim an increase in the rate of duty with

respect to any article of such country in accordance with

subparagraph (B).

(B) Rate of duty described

The President may proclaim a rate of duty on any article of a

country identified under subparagraph (A) that is equal to the

greater of -

(i) the rate of duty set forth for such article in the base

rate of duty column of Schedule XX, or

(ii) the rate of duty set forth for such article in the

bound rate of duty column of Schedule XX.

(2) Termination of increased duties

The President shall terminate any increase in the rate of duty

proclaimed under this subsection by a proclamation which shall be

effective on the earlier of -

(A) the date set out in such proclamation of termination, or

(B) the date the WTO Agreement enters into force with respect

to the foreign country with respect to which the determination

under paragraph (1) was made.

(3) Publication of determination and termination

The President shall publish in the Federal Register notice of a

determination made under paragraph (1) and a termination

occurring by reason of paragraph (2).

(d) Adjustments to certain column 2 rates of duty

At such time as the President proclaims any modification to the

HTS to implement the provisions of Schedule XX, the President shall

also proclaim the rate of duty set forth in Column B as the column

2 rate of duty for the subheading of the HTS that corresponds to

the subheading in Schedule XX listed in Column A.

---------------------------------------------------------------------

Column A Schedule XX subheading:

Column B Rate of duty

for column 2 of the HTS:

---------------------------------------------------------------------

0201.10.50 31.1%

0201.20.80 31.1%

0201.30.80 31.1%

0202.10.50 31.1%

0202.20.80 31.1%

0202.30.80 31.1%

0401.30.25 90.8\/liter

0401.30.75 $1.936/kg

0402.10.50 $1.018/kg

0402.21.25 $1.018/kg

0402.21.50 $1.285/kg

0402.21.90 $1.831/kg

0402.29.50 $1.299/kg + 17.5%

0402.91.60 36.8\/kg

0402.99.50 58.4\/kg

0402.99.90 54.5\/kg + 17.5%

0403.10.50 $1.217/kg + 20%

0403.90.16 90.8\/liter

0403.90.45 $1.03/kg

0403.90.55 $1.285/kg

0403.90.65 $1.831/kg

0403.90.78 $1.936/kg

0403.90.95 $1.217/kg + 20%

0404.10.11 20%

0404.10.15 $1.217/kg + 10%

0404.10.90 $1.03/kg

0404.90.30 25%

0404.90.50 $1.399/kg + 10%

0405.00.40 $1.813/kg

0405.00.90 $2.194/kg + 10%

0406.10.08 $1.775/kg

0406.10.18 $2.67/kg

0406.10.28 $1.443/kg

0406.10.38 $1.241/kg

0406.10.48 $2.121/kg

0406.10.58 $2.525/kg

0406.10.68 $1.631/kg

0406.10.78 $1.328/kg

0406.10.88 $1.775/kg

0406.20.28 $2.67/kg

0406.20.33 $1.443/kg

0406.20.39 $1.241/kg

0406.20.48 $2.121/kg

0406.20.53 $2.525/kg

0406.20.63 $2.67/kg

0406.20.67 $1.443/kg

0406.20.71 $1.241/kg

0406.20.75 $2.121/kg

0406.20.79 $2.525/kg

0406.20.83 $1.631/kg

0406.20.87 $1.328/kg

0406.20.91 $1.775/kg

0406.30.18 $2.67/kg

0406.30.28 $1.443/kg

0406.30.38 $1.241/kg

0406.30.48 $2.121/kg

0406.30.53 $1.631/kg

0406.30.63 $2.67/kg

0406.30.67 $1.443/kg

0406.30.71 $1.241/kg

0406.30.75 $2.121/kg

0406.30.79 $2.525/kg

0406.30.83 $1.631/kg

0406.30.87 $1.328/kg

0406.30.91 $1.775/kg

0406.40.70 $2.67/kg

0406.90.12 $1.443/kg

0406.90.18 $2.121/kg

0406.90.33 $2.525/kg

0406.90.38 $2.525/kg

0406.90.43 $2.525/kg

0406.90.48 $2.208/kg

0406.90.64 $1.241/kg

0406.90.68 $2.525/kg

0406.90.74 $2.67/kg

0406.90.78 $1.443/kg

0406.90.84 $1.241/kg

0406.90.88 $2.121/kg

0406.90.92 $1.631/kg

0406.90.94 $1.328/kg

0406.90.97 $1.775/kg

1202.10.80 192.7%

1202.20.80 155%

1517.90.60 40.2\/kg

1701.11.50 39.85\/kg

1701.12.10 6.58170\/kg less 0.0622005\/kg

for each degree under 100

degrees (and fractions of a

degree in proportion) but not

less than 5.031562\/kg

1701.12.50 42.05\/kg

1701.91.10 6.58170\/kg less 0.0622005\/kg

for each degree under 100

degrees (and fractions of a

degree in proportion) but not

less than 5.031562\/kg

1701.91.30 42.05\/kg

1701.91.48 39.9\/kg + 6%

1701.91.58 39.9\/kg + 6%

1701.99.10 6.58170\/kg less 0.0622005\/kg

for each degree under 100

degrees (and fractions of a

degree in proportion) but not

less than 5.031562\/kg

1701.99.50 42.05\/kg

1702.20.28 19.9\/kg of total sugars + 6%

1702.30.28 19.9\/kg of total sugars + 6%

1702.40.28 39.9\/kg of total sugars + 6%

1702.60.28 39.9\/kg of total sugars + 6%

1702.90.10 6.58170\/kg of total sugars

1702.90.20 42.05\/kg

1702.90.58 39.9\/kg of total sugars + 6%

1702.90.68 39.9\/kg + 6%

1704.90.58 47.4\/kg + 12.2%

1704.90.68 47.4\/kg + 12.2%

1704.90.78 47.4\/kg + 12.2%

1806.10.15 25.5\/kg

1806.10.28 39.5\/kg

1806.10.38 39.5\/kg

1806.10.55 39.5\/kg

1806.10.75 39.5\/kg

1806.20.26 43.8\/kg + 5%

1806.20.28 62.1\/kg + 5%

1806.20.36 43.8\/kg + 5%

1806.20.38 62.1\/kg + 5%

1806.20.73 35.9\/kg + 10%

1806.20.77 35.9\/kg + 10%

1806.20.82 43.8\/kg + 10%

1806.20.83 62.1\/kg + 10%

1806.20.87 43.8\/kg + 10%

1806.20.89 62.1\/kg + 10%

1806.20.92 43.8\/kg + 10%

1806.20.93 62.1\/kg + 10%

1806.20.96 43.8\/kg + 10%

1806.20.97 62.1\/kg + 10%

1806.32.06 43.8\/kg + 5%

1806.32.08 62.1\/kg + 5%

1806.32.16 43.8\/kg + 5%

1806.32.18 62.1\/kg + 5%

1806.32.70 43.8\/kg + 7%

1806.32.80 62.1\/kg + 7%

1806.90.08 43.8\/kg + 7%

1806.90.10 62.1\/kg + 7%

1806.90.18 43.8\/kg + 7%

1806.90.20 62.1\/kg + 7%

1806.90.28 43.8\/kg + 7%

1806.90.30 62.1\/kg + 7%

1806.90.38 43.8\/kg + 7%

1806.90.40 62.1\/kg + 7%

1806.90.48 43.8\/kg + 7%

1806.90.50 62.1\/kg + 7%

1806.90.58 43.8\/kg + 7%

1806.90.60 62.1\/kg + 7%

1901.10.30 $1.217/kg + 17.5%

1901.10.40 $1.217/kg + 17.5%

1901.10.75 $1.217/kg + 17.5%

1901.10.85 $1.217/kg + 17.5%

1901.20.15 49.8\/kg + 10%

1901.20.25 49.8\/kg + 10%

1901.20.35 49.8\/kg + 10%

1901.20.50 49.8\/kg + 10%

1901.20.60 49.8\/kg + 10%

1901.20.70 49.8\/kg + 10%

1901.90.36 $1.328/kg

1901.90.42 25%

1901.90.44 $1.217/kg + 16%

1901.90.46 25%

1901.90.48 $1.217/kg + 16%

1901.90.54 27.9\/kg + 10%

1901.90.58 27.9\/kg + 10%

2008.11.15 155%

2008.11.35 155%

2008.11.60 155%

2101.10.38 35.9\/kg + 10%

2101.10.48 35.9\/kg + 10%

2101.10.58 35.9\/kg + 10%

2101.20.38 35.9\/kg + 10%

2101.20.48 35.9\/kg + 10%

2101.20.58 35.9\/kg + 10%

2103.90.78 35.9\/kg + 7.5%

2105.00.20 59\/kg + 20%

2105.00.40 59\/kg + 20%

2106.90.02 $1.014/kg

2106.90.04 $2.348/kg

2106.90.08 $2.348/kg

2106.90.11 6.58170\/kg of total sugars

2106.90.12 42.05\/kg

2106.90.34 82.8\/kg + 10%

2106.90.38 82.8\/kg + 10%

2106.90.44 82.8\/kg + 10%

2106.90.48 82.8\/kg + 10%

2106.90.57 33.9\/kg + 10%

2106.90.67 33.9\/kg + 10%

2106.90.77 33.9\/kg + 10%

2106.90.87 33.9\/kg + 10%

2202.90.28 27.6\/liter + 17.5%

2309.90.28 94.6\/kg + 7.5%

2309.90.48 94.6\/kg + 7.5%

2401.10.70 85\/kg

2401.10.90 85\/kg

2401.20.30 $1.21/kg

2401.20.45 $1.15/kg

2401.20.55 $1.15/kg

2801.30.20 37%

2805.30.00 31.3%

2805.40.00 5.7%

2811.19.10 4.9%

2818.10.20 4.1%

2822.00.00 1.7%

2827.39.20 31.9%

2833.11.50 3.6%

2833.27.00 4.2%

2836.40.20 4.8%

2836.60.00 8.4%

2837.20.10 5.1%

2840.11.00 1.2%

2840.19.00 0.4%

2849.20.20 1.6%

2903.15.00 88%

2903.16.00 33.3%

2903.30.05 46.3%

2906.11.00 6.2%

2907.12.00 48.3%

2909.11.00 4%

2912.11.00 12.1%

2916.15.10 35.2%

2916.19.30 24.4%

2923.20.20 33.4%

3213.90.00 48.6%

3307.10.20 81.7%

3307.49.00 73.2%

3403.11.20 0.4%

3403.19.10 0.4%

3506.10.10 30.4%

3603.00.30 8.3%

3603.00.90 0.3%

3604.10.00 12.5%

3606.90.30 56.7%

3706.10.30 7%

3807.00.00 0.2%

3823.90.33 26.3%

3904.61.00 34.1%

3916.90.10 40.6%

3920.51.50 48.2%

3920.59.80 51.7%

3926.90.65 8.4%

5201.00.18 36.9\/kg

5201.00.28 36.9\/kg

5201.00.38 36.9\/kg

5201.00.80 36.9\/kg

5202.99.30 9.2\/kg

5203.00.30 36.9\/kg

-------------------------------

(e) Authority to consolidate subheadings and modify column 2 rates

of duty for tariff simplification purposes

(1) In general

Whenever the HTS column 1 general rates of duty for 2 or more

8-digit subheadings are at the same level and such subheadings

are subordinate to a provision required by the International

Convention on the Harmonized Commodity Description and Coding

System, the President may proclaim, subject to the consultation

and layover requirements of section 3524 of this title, that the

goods described in such subheadings be provided for in a single

8-digit subheading of the HTS, and that -

(A) the HTS column 1 general rate of duty for such single

subheading be the column 1 general rate of duty common to all

such subheadings, and

(B) the HTS column 2 rate of duty for such single subheading

be the highest column 2 rate of duty for such subheadings that

is in effect on the day before the effective date of such

proclamation.

(2) Same level of duty

The provisions of this subsection apply to subheadings

described in paragraph (1) that have the same column 1 general

rate of duty -

(A) on December 8, 1994, or

(B) after December 8, 1994, as a result of a staged reduction

in such column 1 rates of duty.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 111, Dec. 8, 1994, 108 Stat. 4819.)

-MISC1-

EFFECTIVE DATE

Section 116 of title I of Pub. L. 103-465 provided that:

''(a) In General. - Except as provided in section 114(a) (108

Stat. 4827) and subsection (b) of this section, this subtitle

(subtitle B (Sec. 111-116) of title I of Pub. L. 103-465, enacting

this part and amending section 1466 of this title and provisions

set out as a note under section 1466 of this title) 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).

''(b) Section 115. - Section 115 (enacting section 3524 of this

title) takes effect on the date of the enactment of this Act (Dec.

8, 1994).''

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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 sections 3802, 3803 of this title.

-CITE-

19 USC Sec. 3522 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part B - Tariff Modifications

-HEAD-

Sec. 3522. Liquidation or reliquidation and refund of duty paid on

certain entries

-STATUTE-

(a) Liquidation or reliquidation

Notwithstanding section 1514 of this title or any other provision

of law, and subject to subsection (b) of this section, the

Secretary of the Treasury shall liquidate or reliquidate the

entries listed or otherwise described in subsection (c) of this

section and refund any duty or excess duty that was paid, as

provided in subsection (c) of this section.

(b) Requests

Liquidation or reliquidation may be made under subsection (a) of

this section with respect to an entry only if a request therefor is

filed with the Customs Service, within 180 days after the date on

which the WTO Agreement enters into force with respect to the

United States, that contains sufficient information to enable the

Customs Service -

(1) to locate the entry; or

(2) to reconstruct the entry if it cannot be located.

(c) Entries

The entries referred to in subsection (a) of this section are as

follows:

(1) Agglomerated stone tiles

Any goods -

(A) for which the importer claimed or would have claimed

entry under subheading 6810.19.12 of the HTS on or after

October 1, 1990, and before the effective date of a

proclamation issued by the President under section 3513(a) of

this title with respect to items under such subheading in order

to carry out Schedule XX, or

(B) entered on or after January 1, 1989, and before October

1, 1990, for which entry would have been claimed under

subheading 6810.19.12 of the HTS on or after October 1, 1990,

shall be liquidated or reliquidated as if the wording of that

subheading were ''Of stone agglomerated with binders other than

cement'', and the Secretary of the Treasury shall refund any

excess duties paid with respect to such entries.

(2) Clomiphene citrate

(A) Any entry, or withdrawal from warehouse for consumption, of

goods described in heading 9902.29.95 of the HTS (relating to

clomiphene citrate) which was made after December 31, 1988, and

before January 1, 1993, and with respect to which there would

have been no duty if the reference to subheading ''2922.19.15''

in such heading were a reference to subheading ''2922.19.15 or

any subheading of chapter 30'' at the time of such entry or

withdrawal, shall be liquidated or reliquidated as free of duty.

(B) The Secretary of the Treasury shall refund any duties paid

with respect to entries described in subparagraph (A).

-SOURCE-

(Pub. L. 103-465, title I, Sec. 113, Dec. 8, 1994, 108 Stat. 4826.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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.

-CITE-

19 USC Sec. 3523 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part B - Tariff Modifications

-HEAD-

Sec. 3523. Duty free treatment for octadecyl isocyanate and 5-Chloro-

-STATUTE-

The President -

(1) shall proclaim duty-free entry for octadecyl isocyanate and 5

to be effective on the effective date of the proclamation issued

by the President under section 3513(a) of this title to carry out

Schedule XX, and

(2) shall take such actions as are necessary to reflect such

tariff treatment in Schedule XX.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 114(b), Dec. 8, 1994, 108 Stat.

4827.)

-CITE-

19 USC Sec. 3524 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part B - Tariff Modifications

-HEAD-

Sec. 3524. Consultation and layover requirements for, and effective

date of, proclaimed actions

-STATUTE-

If a provision of this Act provides that the implementation of an

action by the President by proclamation is subject to the

consultation and layover requirements of this section, such action

may be proclaimed only if -

(1) the President has obtained advice regarding the proposed

action from -

(A) the appropriate advisory committees established under

section 2155 of this title, and

(B) the International Trade Commission;

(2) the President has submitted a report to the Committee on

Ways and Means of the House of Representatives and the Committee

on Finance of the Senate that sets forth -

(A) the action proposed to be proclaimed and the reasons for

such actions, and

(B) the advice obtained under paragraph (1);

(3) a period of 60 calendar days, beginning with the first day

on which the President has met the requirements of paragraphs (1)

and (2) with respect to such action, has expired; and

(4) the President has consulted with such committees regarding

the proposed action during the period referred to in paragraph

(3).

-SOURCE-

(Pub. L. 103-465, title I, Sec. 115, Dec. 8, 1994, 108 Stat. 4828.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in text, is Pub. L. 103-465, Dec. 8, 1994,

108 Stat. 4809, known as the Uruguay Round Agreements Act. For

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

note set out under section 3501 of this title and Tables.

-TRANS-

DELEGATION OF AUTHORITY

Functions of President under this section delegated to the United

States Trade Representative by par. (4) of Proc. No. 6969, Jan. 27,

1997, 62 F.R. 4417.

Authority of President to perform certain functions in order to

fulfill consultation and layover requirements set forth in this

section delegated to United States Trade Representative by

Memorandum of President of the United States, Sept. 29, 1995, 60

F.R. 52061, set out as a note under section 3313 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3521, 3601, 3803 of this

title.

-CITE-

19 USC Part C - Uruguay Round Implementation and Dispute

Settlement 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

.

-HEAD-

Part C - Uruguay Round Implementation and Dispute Settlement

-CITE-

19 USC Sec. 3531 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3531. Definitions

-STATUTE-

For purposes of this part:

(1) Administering authority

The term ''administering authority'' has the meaning given that

term in section 1677(1) of this title.

(2) Appellate Body

The term ''Appellate Body'' means the Appellate Body

established under Article 17.1 of the Dispute Settlement

Understanding.

(3) Appropriate congressional committees; congressional

committees

(A) Appropriate congressional committees

The term ''appropriate congressional committees'' means the

committees referred to in subparagraph (B) and any other

committees of the Congress that have jurisdiction involving the

matter with respect to which consultations are to be held.

(B) Congressional committees

The term ''congressional committees'' means the Committee on

Ways and Means of the House of Representatives and the

Committee on Finance of the Senate.

(4) Dispute settlement panel; panel

The terms ''dispute settlement panel'' and ''panel'' mean a

panel established pursuant to Article 6 of the Dispute Settlement

Understanding.

(5) Dispute Settlement Body

The term ''Dispute Settlement Body'' means the Dispute

Settlement Body administering the rules and procedures set forth

in the Dispute Settlement Understanding.

(6) Dispute Settlement Understanding

The term ''Dispute Settlement Understanding'' means the

Understanding on Rules and Procedures Governing the Settlement of

Disputes referred to in section 3511(d)(16) of this title.

(7) General Council

The term ''General Council'' means the General Council

established under paragraph 2 of Article IV of the WTO Agreement.

(8) Ministerial Conference

The term ''Ministerial Conference'' means the Ministerial

Conference established under paragraph 1 of Article IV of the WTO

Agreement.

(9) Other terms

The terms ''Antidumping Agreement'', ''Agreement on Subsidies

and Countervailing Measures'', and ''Safeguards Agreement'' mean

the agreements referred to in section 3511(d)(7), (12), and (13)

of this title, respectively.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 121, Dec. 8, 1994, 108 Stat. 4828.)

-REFTEXT-

REFERENCES IN TEXT

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

subtitle'', meaning subtitle C (Sec. 121 to 130) of title I of Pub.

L. 103-465, which enacted this part, amended sections 1516a, 2155,

and 2254 of this title, and enacted provisions set out below. For

complete classification of subtitle C to the Code, see Tables.

-MISC2-

EFFECTIVE DATE

Section 130 of title I of Pub. L. 103-465 provided that: ''This

subtitle (subtitle C (Sec. 121-130) of title I of Pub. L. 103-465,

enacting this part and amending sections 1516a, 2155, and 2254 of

this title) 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).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2411, 3512 of this title.

-CITE-

19 USC Sec. 3532 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3532. Implementation of Uruguay Round Agreements

-STATUTE-

(a) Decisionmaking

In the implementation of the Uruguay Round Agreements and the

functioning of the World Trade Organization, it is the objective of

the United States to ensure that the Ministerial Conference and the

General Council continue the practice of decisionmaking by

consensus followed under the GATT 1947, as required by paragraph 1

of article IX of the WTO Agreement.

(b) Consultations with congressional committees

In furtherance of the objective set forth in subsection (a) of

this section, the Trade Representative shall consult with the

appropriate congressional committees before any vote is taken by

the Ministerial Conference or the General Council relating to -

(1) the adoption of an interpretation of the WTO Agreement or

another multilateral trade agreement,

(2) the amendment of any such agreement,

(3) the granting of a waiver of any obligation under any such

agreement,

(4) the adoption of any amendment to the rules or procedures of

the Ministerial Conference or the General Council,

(5) the accession of a state or separate customs territory to

the WTO Agreement, or

(6) the adoption of any other decision,

if the action described in paragraph (1), (2), (3), (4), (5), or

(6) would substantially affect the rights or obligations of the

United States under the WTO Agreement or another multilateral trade

agreement or potentially entails a change in Federal or State law.

(c) Report on decisions

(1) In general

Not later than 30 days after the end of any calendar year in

which the Ministerial Conference or the General Council adopts by

vote any decision to take any action described in paragraph (1),

(2), (4), or (6) of subsection (b) of this section, the Trade

Representative shall submit a report to the appropriate

congressional committees describing -

(A) the nature of the decision;

(B) the efforts made by the United States to have the matter

decided by consensus pursuant to paragraph 1 of article IX of

the WTO Agreement, and the results of those efforts;

(C) which countries voted for, and which countries voted

against, the decision;

(D) the rights or obligations of the United States affected

by the decision and any Federal or State law that would be

amended or repealed, if the President after consultation with

the Congress determined that such amendment or repeal was an

appropriate response; and

(E) the action the President intends to take in response to

the decision or, if the President does not intend to take any

action, the reasons therefor.

(2) Additional reporting requirements

(A) Grant of waiver

In the case of a decision to grant a waiver described in

subsection (b)(3) of this section, the report under paragraph

(1) shall describe the terms and conditions of the waiver and

the rights and obligations of the United States that are

affected by the waiver.

(B) Accession

In the case of a decision on accession described in

subsection (b)(5) of this section, the report under paragraph

(1) shall state whether the United States intends to invoke

Article XIII of the WTO Agreement.

(d) Consultation on report

Promptly after the submission of a report under subsection (c) of

this section, the Trade Representative shall consult with the

appropriate congressional committees with respect to the report.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 122, Dec. 8, 1994, 108 Stat. 4829.)

-CITE-

19 USC Sec. 3533 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3533. Dispute settlement panels and procedures

-STATUTE-

(a) Review by President

The President shall review annually the WTO panel roster and

shall include the panel roster and the list of persons serving on

the Appellate Body in the annual report submitted by the President

under section 2213(a) of this title.

(b) Qualifications of appointees to panels

The Trade Representative shall -

(1) seek to ensure that persons appointed to the WTO panel

roster are well-qualified, and that the roster includes persons

with expertise in the subject areas covered by the Uruguay Round

Agreements; and

(2) inform the President of persons nominated to the roster by

other WTO member countries.

(c) Rules governing conflicts of interest

The Trade Representative shall seek the establishment by the

General Council and the Dispute Settlement Body of rules governing

conflicts of interest by persons serving on panels and members of

the Appellate Body and shall describe, in the annual report

submitted under section 3534 of this title, any progress made in

establishing such rules.

(d) Notification of disputes

Promptly after a dispute settlement panel is established to

consider the consistency of Federal or State law with any of the

Uruguay Round Agreements, the Trade Representative shall notify the

appropriate congressional committees of -

(1) the nature of the dispute, including the matters set forth

in the request for the establishment of the panel, the legal

basis of the complaint, and the specific measures, in particular

any State or Federal law cited in the request for establishment

of the panel;

(2) the identity of the persons serving on the panel; and

(3) whether there was any departure from the rule of consensus

with respect to the selection of persons to serve on the panel.

(e) Notice of appeals of panel reports

If an appeal is taken of a report of a panel in a proceeding

described in subsection (d) of this section, the Trade

Representative shall, promptly after the notice of appeal is filed,

notify the appropriate congressional committees of -

(1) the issues under appeal; and

(2) the identity of the persons serving on the Appellate Body

who are reviewing the report of the panel.

(f) Actions upon circulation of reports

Promptly after the circulation of a report of a panel or of the

Appellate Body to WTO members in a proceeding described in

subsection (d) of this section, the Trade Representative shall -

(1) notify the appropriate congressional committees of the

report;

(2) in the case of a report of a panel, consult with the

appropriate congressional committees concerning the nature of any

appeal that may be taken of the report; and

(3) if the report is adverse to the United States, consult with

the appropriate congressional committees concerning whether to

implement the report's recommendation and, if so, the manner of

such implementation and the period of time needed for such

implementation.

(g) Requirements for agency action

(1) Changes in agency regulations or practice

In any case in which a dispute settlement panel or the

Appellate Body finds in its report that a regulation or practice

of a department or agency of the United States is inconsistent

with any of the Uruguay Round Agreements, that regulation or

practice may not be amended, rescinded, or otherwise modified in

the implementation of such report unless and until -

(A) the appropriate congressional committees have been

consulted under subsection (f) of this section;

(B) the Trade Representative has sought advice regarding the

modification from relevant private sector advisory committees

established under section 2155 of this title;

(C) the head of the relevant department or agency has

provided an opportunity for public comment by publishing in the

Federal Register the proposed modification and the explanation

for the modification;

(D) the Trade Representative has submitted to the appropriate

congressional committees a report describing the proposed

modification, the reasons for the modification, and a summary

of the advice obtained under subparagraph (B) with respect to

the modification;

(E) the Trade Representative and the head of the relevant

department or agency have consulted with the appropriate

congressional committees on the proposed contents of the final

rule or other modification; and

(F) the final rule or other modification has been published

in the Federal Register.

(2) Effective date of modification

A final rule or other modification to which paragraph (1)

applies may not go into effect before the end of the 60-day

period beginning on the date on which consultations under

paragraph (1)(E) begin, unless the President determines that an

earlier effective date is in the national interest.

(3) Vote by congressional committees

During the 60-day period described in paragraph (2), the

Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate may vote to indicate the

agreement or disagreement of the committee with the proposed

contents of the final rule or other modification. Any such vote

shall not be binding on the department or agency which is

implementing the rule or other modification.

(4) Inapplicability to ITC

This subsection does not apply to any regulation or practice of

the International Trade Commission.

(h) Consultations regarding review of WTO rules and procedures

Before the review is conducted of the dispute settlement rules

and procedures of the WTO that is provided for in the Decision on

the Application of the Understanding on Rules and Procedures

Governing the Settlement of Disputes, as such decision is set forth

in the Ministerial Declarations and Decisions adopted on April 15,

1994, together with the Uruguay Round Agreements, the Trade

Representative shall consult with the congressional committees

regarding the policy of the United States concerning the review.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 123, Dec. 8, 1994, 108 Stat. 4830.)

-CITE-

19 USC Sec. 3534 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3534. Annual report on WTO

-STATUTE-

Not later than March 1 of each year beginning in 1996, the Trade

Representative shall submit to the Congress a report describing,

for the preceding fiscal year of the WTO -

(1) the major activities and work programs of the WTO,

including the functions and activities of the committees

established under article IV of the WTO Agreement, and the

expenditures made by the WTO in connection with those activities

and programs;

(2) the percentage of budgetary assessments by the WTO that

were accounted for by each WTO member country, including the

United States;

(3) the total number of personnel employed or retained by the

Secretariat of the WTO, and the number of professional,

administrative, and support staff of the WTO;

(4) for each personnel category described in paragraph (3), the

number of citizens of each country, and the average salary of the

personnel, in that category;

(5) each report issued by a panel or the Appellate Body in a

dispute settlement proceeding regarding Federal or State law, and

any efforts by the Trade Representative to provide for

implementation of the recommendations contained in a report that

is adverse to the United States;

(6) each proceeding before a panel or the Appellate Body that

was initiated during that fiscal year regarding Federal or State

law, the status of the proceeding, and the matter at issue;

(7) the status of consultations with any State whose law was

the subject of a report adverse to the United States that was

issued by a panel or the Appellate Body; and

(8) any progress achieved in increasing the transparency of

proceedings of the Ministerial Conference and the General

Council, and of dispute settlement proceedings conducted pursuant

to the Dispute Settlement Understanding.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 124, Dec. 8, 1994, 108 Stat. 4832.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3533, 3535 of this title.

-CITE-

19 USC Sec. 3535 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3535. Review of participation in WTO

-STATUTE-

(a) Report on operation of WTO

The first annual report submitted to the Congress under section

3534 of this title -

(1) after the end of the 5-year period beginning on the date on

which the WTO Agreement enters into force with respect to the

United States, and

(2) after the end of every 5-year period thereafter,

shall include an analysis of the effects of the WTO Agreement on

the interests of the United States, the costs and benefits to the

United States of its participation in the WTO, and the value of the

continued participation of the United States in the WTO.

(b) Congressional disapproval of U.S. participation in WTO

(1) General rule

The approval of the Congress, provided under section 3511(a) of

this title, of the WTO Agreement shall cease to be effective if,

and only if, a joint resolution described in subsection (c) of

this section is enacted into law pursuant to the provisions of

paragraph (2).

(2) Procedural provisions

(A) The requirements of this paragraph are met if the joint

resolution is enacted under subsection (c) of this section, and -

(i) the Congress adopts and transmits the joint resolution to

the President before the end of the 90-day period (excluding

any day described in section 2194(b) of this title), beginning

on the date on which the Congress receives a report referred to

in subsection (a) of this section, and

(ii) if the President vetoes the joint resolution, each House

of Congress votes to override that veto on or before the later

of the last day of the 90-day period referred to in clause (i)

or the last day of the 15-day period (excluding any day

described in section 2194(b) of this title) beginning on the

date on which the Congress receives the veto message from the

President.

(B) A joint resolution to which this section applies may be

introduced at any time on or after the date on which the

President transmits to the Congress a report described in

subsection (a) of this section, and before the end of the 90-day

period referred to in subparagraph (A).

(c) Joint resolutions

(1) Joint resolutions

For purposes of this section, the term ''joint resolution''

means only a joint resolution of the 2 Houses of Congress, the

matter after the resolving clause of which is as follows: ''That

the Congress withdraws its approval, provided under section

101(a) of the Uruguay Round Agreements Act, of the WTO Agreement

as defined in section 2(9) of that Act.''

(2) Procedures

(A) Joint resolutions may be introduced in either House of the

Congress by any member of such House.

(B) Subject to the provisions of this subsection, the

provisions of subsections (b), (d), (e), and (f) of section 2192

of this title apply to joint resolutions to the same extent as

such provisions apply to resolutions under such section.

(C) If the committee of either House to which a joint

resolution has been referred has not reported it by the close of

the 45th day after its introduction (excluding any day described

in section 2194(b) of this title), such committee shall be

automatically discharged from further consideration of the joint

resolution and it shall be placed on the appropriate calendar.

(D) It is not in order for -

(i) the Senate to consider any joint resolution unless it has

been reported by the Committee on Finance or the committee has

been discharged under subparagraph (C); or

(ii) the House of Representatives to consider any joint

resolution unless it has been reported by the Committee on Ways

and Means or the committee has been discharged under

subparagraph (C).

(E) A motion in the House of Representatives to proceed to the

consideration of a joint resolution may only be made on the

second legislative day after the calendar day on which the Member

making the motion announces to the House his or her intention to

do so.

(3) Consideration of second resolution not in order

It shall not be in order in either the House of Representatives

or the Senate to consider a joint resolution (other than a joint

resolution received from the other House), if that House has

previously adopted a joint resolution under this section.

(d) Rules of House of Representatives and Senate

This section is enacted by the Congress -

(1) as an exercise of the rulemaking power of the House of

Representatives and the Senate, respectively, and as such is

deemed a part of the rules of each House, respectively, and such

procedures supersede other rules only to the extent that they are

inconsistent with such other rules; and

(2) with the full recognition of the constitutional right of

either House to change the rules (so far as relating to the

procedures of that House) at any time, in the same manner, and to

the same extent as any other rule of that House.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 125, Dec. 8, 1994, 108 Stat. 4833.)

-REFTEXT-

REFERENCES IN TEXT

Sections 101(a) and 2(9) of the Uruguay Round Agreements Act,

referred to in subsec. (c)(1), are classified to sections 3511(a)

and 3501(9), respectively, of this title.

-MISC2-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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.

-CITE-

19 USC Sec. 3536 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3536. Increased transparency

-STATUTE-

The Trade Representative shall seek the adoption by the

Ministerial Conference and General Council of procedures that will

ensure broader application of the principle of transparency and

clarification of the costs and benefits of trade policy actions,

through the observance of open and equitable procedures in trade

matters by the Ministerial Conference and the General Council, and

by the dispute settlement panels and the Appellate Body under the

Dispute Settlement Understanding.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 126, Dec. 8, 1994, 108 Stat. 4834.)

-CITE-

19 USC Sec. 3537 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3537. Access to WTO dispute settlement process

-STATUTE-

(a) In general

Whenever the United States is a party before a dispute settlement

panel established pursuant to Article 6 of the Dispute Settlement

Understanding, the Trade Representative shall, at each stage of the

proceeding before the panel or the Appellate Body, consult with the

appropriate congressional committees, the petitioner (if any) under

section 2412(a) of this title with respect to the matter that is

the subject of the proceeding, and relevant private sector advisory

committees established under section 2155 of this title, and shall

consider the views of representatives of appropriate interested

private sector and nongovernmental organizations concerning the

matter.

(b) Notice and public comment

In any proceeding described in subsection (a) of this section,

the Trade Representative shall -

(1) promptly after requesting the establishment of a panel, or

receiving a request from another WTO member country for the

establishment of a panel, publish a notice in the Federal

Register -

(A) identifying the initial parties to the dispute,

(B) setting forth the major issues raised by the country

requesting the establishment of a panel and the legal basis of

the complaint,

(C) identifying the specific measures, including any State or

Federal law cited in the request for establishment of the

panel, and

(D) seeking written comments from the public concerning the

issues raised in the dispute; and

(2) take into account any advice received from appropriate

congressional committees and relevant private sector advisory

committees referred to in subsection (a) of this section, and

written comments received pursuant to paragraph (1)(D), in

preparing United States submissions to the panel or the Appellate

Body.

(c) Access to documents

In each proceeding described in subsection (a) of this section,

the Trade Representative shall -

(1) make written submissions by the United States referred to

in subsection (b) of this section available to the public

promptly after they are submitted to the panel or Appellate Body,

except that the Trade Representative is authorized to withhold

from disclosure any information contained in such submissions

identified by the provider of the information as proprietary

information or information treated as confidential by a foreign

government;

(2) request each other party to the dispute to permit the Trade

Representative to make that party's written submissions to the

panel or the Appellate Body available to the public; and

(3) make each report of the panel or the Appellate Body

available to the public promptly after it is circulated to WTO

members, and inform the public of such availability.

(d) Requests for nonconfidential summaries

In any dispute settlement proceeding conducted pursuant to the

Dispute Settlement Understanding, the Trade Representative shall

request each party to the dispute to provide nonconfidential

summaries of its written submissions, if that party has not made

its written submissions public, and shall make those summaries

available to the public promptly after receiving them.

(e) Public file

The Trade Representative shall maintain a file accessible to the

public on each dispute settlement proceeding to which the United

States is a party that is conducted pursuant to the Dispute

Settlement Understanding. The file shall include all United States

submissions in the proceeding and a listing of any submissions to

the Trade Representative from the public with respect to the

proceeding, as well as the report of the dispute settlement panel

and the report of the Appellate Body.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 127, Dec. 8, 1994, 108 Stat. 4835.)

-COD-

CODIFICATION

Section is comprised of section 127 of Pub. L. 103-465. Subsec.

(f) of section 127 of Pub. L. 103-465 amended section 2155 of this

title.

-CITE-

19 USC Sec. 3538 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3538. Administrative action following WTO panel reports

-STATUTE-

(a) Action by United States International Trade Commission

(1) Advisory report

If a dispute settlement panel finds in an interim report under

Article 15 of the Dispute Settlement Understanding, or the

Appellate Body finds in a report under Article 17 of that

Understanding, that an action by the International Trade

Commission in connection with a particular proceeding is not in

conformity with the obligations of the United States under the

Antidumping Agreement, the Safeguards Agreement, or the Agreement

on Subsidies and Countervailing Measures, the Trade

Representative may request the Commission to issue an advisory

report on whether title VII of the Tariff Act of 1930 (19 U.S.C.

1671 et seq.) or title II of the Trade Act of 1974 (19 U.S.C.

2251 et seq.), as the case may be, permits the Commission to take

steps in connection with the particular proceeding that would

render its action not inconsistent with the findings of the panel

or the Appellate Body concerning those obligations. The Trade

Representative shall notify the congressional committees of such

request.

(2) Time limits for report

The Commission shall transmit its report under paragraph (1) to

the Trade Representative -

(A) in the case of an interim report described in paragraph

(1), within 30 calendar days after the Trade Representative

requests the report; and

(B) in the case of a report of the Appellate Body, within 21

calendar days after the Trade Representative requests the

report.

(3) Consultations on request for Commission determination

If a majority of the Commissioners issues an affirmative report

under paragraph (1), the Trade Representative shall consult with

the congressional committees concerning the matter.

(4) Commission determination

Notwithstanding any provision of the Tariff Act of 1930 (19

U.S.C. 1202 et seq.) or title II of the Trade Act of 1974 (19

U.S.C. 2251 et seq.), if a majority of the Commissioners issues

an affirmative report under paragraph (1), the Commission, upon

the written request of the Trade Representative, shall issue a

determination in connection with the particular proceeding that

would render the Commission's action described in paragraph (1)

not inconsistent with the findings of the panel or Appellate

Body. The Commission shall issue its determination not later than

120 days after the request from the Trade Representative is made.

(5) Consultations on implementation of Commission determination

The Trade Representative shall consult with the congressional

committees before the Commission's determination under paragraph

(4) is implemented.

(6) Revocation of order

If, by virtue of the Commission's determination under paragraph

(4), an antidumping or countervailing duty order with respect to

some or all of the imports that are subject to the action of the

Commission described in paragraph (1) is no longer supported by

an affirmative Commission determination under title VII of the

Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or this subsection,

the Trade Representative may, after consulting with the

congressional committees under paragraph (5), direct the

administering authority to revoke the antidumping or

countervailing duty order in whole or in part.

(b) Action by administering authority

(1) Consultations with administering authority and congressional

committees

Promptly after a report by a dispute settlement panel or the

Appellate Body is issued that contains findings that an action by

the administering authority in a proceeding under title VII of

the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is not in

conformity with the obligations of the United States under the

Antidumping Agreement or the Agreement on Subsidies and

Countervailing Measures, the Trade Representative shall consult

with the administering authority and the congressional committees

on the matter.

(2) Determination by administering authority

Notwithstanding any provision of the Tariff Act of 1930 (19

U.S.C. 1202 et seq.), the administering authority shall, within

180 days after receipt of a written request from the Trade

Representative, issue a determination in connection with the

particular proceeding that would render the administering

authority's action described in paragraph (1) not inconsistent

with the findings of the panel or the Appellate Body.

(3) Consultations before implementation

Before the administering authority implements any determination

under paragraph (2), the Trade Representative shall consult with

the administering authority and the congressional committees with

respect to such determination.

(4) Implementation of determination

The Trade Representative may, after consulting with the

administering authority and the congressional committees under

paragraph (3), direct the administering authority to implement,

in whole or in part, the determination made under paragraph (2).

(c) Effects of determinations; notice of implementation

(1) Effects of determinations

Determinations concerning title VII of the Tariff Act of 1930

(19 U.S.C. 1671 et seq.) that are implemented under this section

shall apply with respect to unliquidated entries of the subject

merchandise (as defined in section 771 of that Act (19 U.S.C.

1677)) that are entered, or withdrawn from warehouse, for

consumption on or after -

(A) in the case of a determination by the Commission under

subsection (a)(4) of this section, the date on which the Trade

Representative directs the administering authority under

subsection (a)(6) of this section to revoke an order pursuant

to that determination, and

(B) in the case of a determination by the administering

authority under subsection (b)(2) of this section, the date on

which the Trade Representative directs the administering

authority under subsection (b)(4) of this section to implement

that determination.

(2) Notice of implementation

(A) The administering authority shall publish in the Federal

Register notice of the implementation of any determination made

under this section with respect to title VII of the Tariff Act of

1930 (19 U.S.C. 1671 et seq.).

(B) The Trade Representative shall publish in the Federal

Register notice of the implementation of any determination made

under this section with respect to title II of the Trade Act of

1974 (19 U.S.C. 2251 et seq.).

(d) Opportunity for comment by interested parties

Prior to issuing a determination under this section, the

administering authority or the Commission, as the case may be,

shall provide interested parties with an opportunity to submit

written comments and, in appropriate cases, may hold a hearing,

with respect to the determination.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 129, Dec. 8, 1994, 108 Stat. 4836.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subsecs. (a)(1), (4), (6),

(b)(1), (2), and (c)(1), (2)(A), is act June 17, 1930, ch. 497, 46

Stat. 590, as amended, which is classified generally to chapter 4

(Sec. 1202 et seq.) of this title. Title VII of the Act is

classified generally to subtitle IV (Sec. 1671 et seq.) of chapter

4 of this title. For complete classification of this Act to the

Code, see section 1654 of this title and Tables.

The Trade Act of 1974, referred to in subsecs. (a)(1), (4) and

(c)(2)(B), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as

amended. Title II of the Act is classified generally to subchapter

II (Sec. 2251 et seq.) of chapter 12 of this title. For complete

classification of this Act to the Code, see section 2101 of this

title and Tables.

-COD-

CODIFICATION

Section is comprised of section 129 of Pub. L. 103-465. Subsecs.

(a)(7) and (e) of section 129 of Pub. L. 103-465 amended sections

2254 and 1516a, respectively, of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 2254 of this

title.

-CITE-

19 USC Sec. 3539 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part C - Uruguay Round Implementation and Dispute Settlement

-HEAD-

Sec. 3539. Fund for WTO dispute settlements

-STATUTE-

(a) Establishment of fund

There is established in the Treasury a fund for the payment of

settlements under this section.

(b) Authority of USTR to pay settlements

Amounts in the fund established under subsection (a) of this

section shall be available, as provided in appropriations Acts,

only for the payment by the United States Trade Representative of

the amount of the total or partial settlement of any dispute

pursuant to proceedings under the auspices of the World Trade

Organization, if -

(1) in the case of a total or partial settlement in an amount

of not more than $10,000,000, the Trade Representative certifies

to the Secretary of the Treasury that the settlement is in the

best interests of the United States; and

(2) in the case of a total or partial settlement in an amount

of more than $10,000,000, the Trade Representative certifies to

the Congress that the settlement is in the best interests of the

United States.

(c) Appropriations

There are authorized to be appropriated to the fund established

under subsection (a) of this section -

(1) $50,000,000; and

(2) amounts equivalent to amounts recovered by the United

States pursuant to the settlement of disputes pursuant to

proceedings under the auspices of the World Trade Organization.

Amounts appropriated to the fund are authorized to remain available

until expended.

(d) Management of fund

Sections 9601 and 9602(b) of title 26 shall apply to the fund

established under subsection (a) of this section to the same extent

as such provisions apply to trust funds established under

subchapter A of chapter 98 of such title.

-SOURCE-

(Pub. L. 107-210, div. E, title L, Sec. 5201, Aug. 6, 2002, 116

Stat. 1047.)

-COD-

CODIFICATION

Section was enacted as part of the Trade Act of 2002, and not as

part of the Uruguay Round Agreements Act which enacted this

chapter.

-CITE-

19 USC Part D - Related Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part D - Related Provisions

.

-HEAD-

Part D - Related Provisions

-CITE-

19 USC Sec. 3551 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part D - Related Provisions

-HEAD-

Sec. 3551. Working party on worker rights

-STATUTE-

(a) In general

The President shall seek the establishment in the GATT 1947, and,

upon entry into force of the WTO Agreement with respect to the

United States, in the WTO, of a working party to examine the

relationship of internationally recognized worker rights, as

defined in section 2467(4) of this title, to the articles,

objectives, and related instruments of the GATT 1947 and of the

WTO, respectively.

(b) Objectives of working party

The objectives of the United States for the working party

described in subsection (a) of this section are to -

(1) explore the linkage between international trade and

internationally recognized worker rights, as defined in section

2467(4) of this title, taking into account differences in the

level of development among countries;

(2) examine the effects on international trade of the

systematic denial of such rights;

(3) consider ways to address such effects; and

(4) develop methods to coordinate the work program of the

working party with the International Labor Organization.

(c) Report to Congress

The President shall report to the Congress, not later than 1 year

after December 8, 1994, on the progress made in establishing the

working party under this section, and on United States objectives

with respect to the working party's work program.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 131, Dec. 8, 1994, 108 Stat. 4839;

Pub. L. 104-188, title I, Sec. 1954(a)(6), Aug. 20, 1996, 110 Stat.

1928.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (a), (b)(1). Pub. L. 104-188 substituted

''2467(4)'' for ''2462(a)(4)''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-188 applicable to articles entered on or

after Oct. 1, 1996, with provisions relating to retroactive

application, see section 1953 of Pub. L. 104-188, set out as an

Effective Date note under section 2461 of this title.

EFFECTIVE DATE

Section 138 of title I of Pub. L. 103-465 provided that:

''(a) In General. - Except as provided in section 136(d)

(enacting provisions set out as a note under section 5001 of Title

26, Internal Revenue Code) and subsection (b) of this section, this

subtitle (subtitle D (Sec. 131-138) of title I of Pub. L. 103-465,

enacting this part, amending sections 5001, 5002, 5005, 5007, 5061,

5131, 5132, 5134, and 7652 of Title 26, Internal Revenue Code, and

enacting provisions set out as a note under section 5001 of Title

26) and the amendments made by this subtitle take effect on the

date of the enactment of this Act (Dec. 8, 1994).

''(b) Sections 132 and 135. - Sections 132 and 135 (enacting

sections 3552 and 3555 of this title) take effect on the date on

which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995).''

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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.

-CITE-

19 USC Sec. 3552 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part D - Related Provisions

-HEAD-

Sec. 3552. Implementation of Rules of Origin work program

-STATUTE-

If the President enters into an agreement developed under the

work program described in Article 9 of the Agreement on Rules of

Origin referred to in section 3511(d)(10) of this title, the

President may implement United States obligations under such an

agreement under United States law only pursuant to authority

granted to the President for that purpose by law enacted after the

effective date of this section.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 132, Dec. 8, 1994, 108 Stat. 4839;

Pub. L. 104-295, Sec. 20(a)(2), Oct. 11, 1996, 110 Stat. 3527.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this section, referred to in text, see

Effective Date note below.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-295 substituted ''effective date of this

section'' for ''effective date of this title''.

EFFECTIVE DATE

Section effective on date on which WTO Agreement enters into

force with respect to United States (Jan. 1, 1995), see section

138(b) of Pub. L. 103-465, set out as a note under section 3551 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3802 of this title.

-CITE-

19 USC Sec. 3553 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part D - Related Provisions

-HEAD-

Sec. 3553. Membership in WTO of boycotting countries

-STATUTE-

It is the sense of the Congress that the Trade Representative

should vigorously oppose the admission into the World Trade

Organization of any country which, through its laws, regulations,

official policies, or governmental practices, fosters, imposes,

complies with, furthers, or supports any boycott described in

section 2407(a) of title 50, Appendix (as in effect on August 20,

1994), including requiring or encouraging entities within that

country to refuse to do business with persons who do not comply

with requests to take any action prohibited under that section.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 133, Dec. 8, 1994, 108 Stat. 4839.)

-CITE-

19 USC Sec. 3554 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part D - Related Provisions

-HEAD-

Sec. 3554. Africa trade and development policy

-STATUTE-

(a) Development of policy

The President should develop and implement a comprehensive trade

and development policy for the countries of Africa.

(b) Reports to Congress

The President shall, not later than 12 months after December 8,

1994, and annually thereafter for a period of 4 years, submit to

the Committee on Ways and Means and the Committee on Foreign

Affairs of the House of Representatives, the Committee on Finance

and the Committee on Foreign Relations of the Senate, and other

appropriate committees of the Congress, a report on the steps taken

to carry out subsection (a) of this section.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 134, Dec. 8, 1994, 108 Stat. 4840.)

-CHANGE-

CHANGE OF NAME

Committee on Foreign Affairs of House of Representatives treated

as referring to Committee on International Relations of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress.

-CITE-

19 USC Sec. 3555 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part D - Related Provisions

-HEAD-

Sec. 3555. Objectives for extended negotiations

-STATUTE-

(a) Trade in financial services

The principal negotiating objective of the United States in the

extended negotiations on financial services to be conducted under

the auspices of the WTO is to seek to secure commitments, from a

wide range of commercially important developed and developing

countries, to reduce or eliminate barriers to the supply of

financial services, including barriers that deny national treatment

or market access by restricting the establishment or operation of

financial services providers, as the condition for the United

States -

(1) offering commitments to provide national treatment and

market access in each of the financial services subsectors, and

(2) making such commitments on a normal trade relations basis.

(b) Trade in basic telecommunications services

The principal negotiating objective of the United States in the

extended negotiations on basic telecommunications services to be

conducted under the auspices of the WTO is to obtain the opening on

nondiscriminatory terms and conditions of foreign markets for basic

telecommunications services through facilities-based competition or

through the resale of services on existing networks.

(c) Trade in civil aircraft

(1) Negotiations

The principal negotiating objectives of the United States in

the extended negotiations on trade in civil aircraft to be

conducted under the auspices of the WTO are -

(A) to obtain competitive opportunities for United States

exports in foreign markets substantially equivalent to those

afforded to foreign products in the United States,

(B) to obtain the reduction or elimination of specific tariff

and nontariff barriers, including through expanded membership

in the Agreement on Trade in Civil Aircraft and in the US-EC

bilateral agreement for large civil aircraft,

(C) to maintain vigorous and effective disciplines on

subsidies practices with respect to civil aircraft products

under the Agreement on Subsidies and Countervailing Measures

referred to in section 3511(d)(12) of this title,

(D) to maintain the scope and coverage on indirect support as

specified in the US-EC bilateral agreement on large civil

aircraft, and

(E) to obtain increased transparency with respect to foreign

subsidy programs in the civil aircraft sector, both through

greater government disclosure with respect to the use of

taxpayer moneys and higher financial disclosure standards for

companies receiving government supports (including disclosure

comparable to that required under United States securities

laws).

(2) Definitions

For purposes of paragraph (1) -

(A) the term ''civil aircraft'' means those products to which

the Agreement on Trade in Civil Aircraft applies,

(B) the term ''large civil aircraft'' has the meaning given

that term in Annex II to the US-EC bilateral agreement,

(C) the term ''indirect support'' means indirect government

support as defined in Annex II to the US-EC bilateral

agreement,

(D) the term ''Agreement on Trade in Civil Aircraft'' means

the Agreement on Trade in Civil Aircraft approved by the

Congress under section 2503 of this title, and

(E) the term ''US-EC bilateral agreement'' means the

Agreement Concerning the Application of the GATT Agreement on

Trade in Civil Aircraft Between the European Economic Community

and the Government of the United States of America on trade in

large civil aircraft, entered into on July 17, 1992.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 135, Dec. 8, 1994, 108 Stat. 4840;

Pub. L. 105-206, title V, Sec. 5003(b)(5), July 22, 1998, 112 Stat.

790.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-206 substituted ''normal trade

relations'' for ''most-favored-nation''.

EFFECTIVE DATE

Section effective on date on which WTO Agreement enters into

force with respect to United States (Jan. 1, 1995), see section

138(b) of Pub. L. 103-465, set out as a note under section 3551 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3802 of this title.

-CITE-

19 USC Sec. 3556 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER I - APPROVAL OF, AND GENERAL PROVISIONS RELATING TO,

URUGUAY ROUND AGREEMENTS

Part D - Related Provisions

-HEAD-

Sec. 3556. Certain nonrubber footwear

-STATUTE-

In the case of nonrubber footwear imported from Brazil -

(1) which is subject to Treasury Decision 74-233, dated

September 9, 1974,

(2) which was entered, or withdrawn from warehouse for

consumption, on or before October 28, 1981, and

(3) with respect to which entries are unliquidated on December

8, 1994,

countervailing duties shall be assessed at rates equal to the

amount of the cash deposit of the estimated countervailing duties

required on such footwear at the time of entry or withdrawal from

warehouse for consumption. Interest on underpayments of amounts

required to be deposited as countervailing duties shall be paid in

accordance with section 1677g of this title.

-SOURCE-

(Pub. L. 103-465, title I, Sec. 137, Dec. 8, 1994, 108 Stat. 4842.)

-CITE-

19 USC SUBCHAPTER II - ENFORCEMENT OF UNITED STATES

RIGHTS UNDER SUBSIDIES AGREEMENT 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER II - ENFORCEMENT OF UNITED STATES RIGHTS UNDER SUBSIDIES

AGREEMENT

.

-HEAD-

SUBCHAPTER II - ENFORCEMENT OF UNITED STATES RIGHTS UNDER SUBSIDIES

AGREEMENT

-CITE-

19 USC Sec. 3571 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER II - ENFORCEMENT OF UNITED STATES RIGHTS UNDER SUBSIDIES

AGREEMENT

-HEAD-

Sec. 3571. Subsidies enforcement

-STATUTE-

(a) Assistance regarding multilateral subsidy remedies

The administering authority shall provide information to the

public upon request, and, to the extent feasible, assistance and

advice to interested parties concerning -

(1) remedies and benefits available under relevant provisions

of the Subsidies Agreement, and

(2) the procedures relating to such remedies and benefits.

(b) Prohibited subsidies

(1) Notification of Trade Representative

If the administering authority determines pursuant to title VII

of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) that a class

or kind of merchandise is benefiting from a subsidy which is

prohibited under Article 3 of the Subsidies Agreement, the

administering authority shall notify the Trade Representative and

shall provide the Trade Representative with the information upon

which the administering authority based its determination.

(2) Request by interested party regarding prohibited subsidy

An interested party may request that the administering

authority determine if there is reason to believe that

merchandise produced in a WTO member country is benefiting from a

subsidy which is prohibited under Article 3 of the Subsidies

Agreement. The request shall contain such information as the

administering authority may require to support the allegations

contained in the request. If the administering authority, after

analyzing the request and other information reasonably available

to the administering authority, determines that there is reason

to believe that such merchandise is benefiting from a subsidy

which is prohibited under Article 3 of the Subsidies Agreement,

the administering authority shall so notify the Trade

Representative, and shall include supporting information with the

notification.

(c) Subsidies actionable under Agreement

(1) In general

If the administering authority determines pursuant to title VII

of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) that a class

or kind of merchandise is benefiting from a subsidy described in

Article 6.1 of the Subsidies Agreement, the administering

authority shall notify the Trade Representative, and shall

provide the Trade Representative with the information upon which

the administering authority based its determination.

(2) Request by interested party regarding adverse effects

An interested party may request the administering authority to

determine if there is reason to believe that a subsidy which is

actionable under the Subsidies Agreement is causing adverse

effects. The request shall contain such information as the

administering authority may require to support the allegations

contained in the request. At the request of the administering

authority, the Commission shall assist the administering

authority in analyzing the information pertaining to the

existence of such adverse effects. If the administering

authority, after analyzing the request and other information

reasonably available to the administering authority, determines

that there is reason to believe that a subsidy which is

actionable under the Subsidies Agreement is causing adverse

effects, the administering authority shall so notify the Trade

Representative, and shall include supporting information with the

notification.

(d) Initiation of section 2411 investigation

On the basis of the notification and information provided by the

administering authority pursuant to subsection (b) or (c) of this

section, such other information as the Trade Representative may

have or obtain, and where applicable, after consultation with an

interested party referred to in subsection (b)(2) or (c)(2) of this

section, the Trade Representative shall, unless such interested

party objects, determine as expeditiously as possible, in

accordance with the procedures in section 302(b)(1) of the Trade

Act of 1974 (19 U.S.C. 2412(b)(1)), whether to initiate an

investigation pursuant to title III of that Act (19 U.S.C. 2411 et

seq.). At the request of the Trade Representative, the

administering authority and the Commission shall assist the Trade

Representative in an investigation initiated pursuant to this

subsection.

(e) Nonactionable subsidies

(1) Compliance with Article 8 of the Subsidies Agreement

(A) Monitoring

In order to monitor whether a subsidy meets the conditions

and criteria described in Article 8.2 of the Subsidies

Agreement and is nonactionable, the Trade Representative shall

provide the administering authority on a timely basis with any

information submitted or report made pursuant to Article 8.3 or

8.4 of the Subsidies Agreement regarding a notified subsidy

program. The administering authority shall review such

information and reports, and where appropriate, shall recommend

to the Trade Representative that the Trade Representative seek

pursuant to Article 8.3 or 8.4 of the Subsidies Agreement

additional information regarding the notified subsidy program

or a subsidy granted pursuant to the notified subsidy program.

If the administering authority has reason to believe that a

violation of Article 8 of the Subsidies Agreement exists, the

administering authority shall so notify the Trade

Representative, and shall include supporting information with

the notification.

(B) Request by interested party regarding violation of Article

8

An interested party may request the administering authority

to determine if there is reason to believe that a violation of

Article 8 of the Subsidies Agreement exists. The request shall

contain such information as the administering authority may

require to support the allegations contained in the request.

If the administering authority, after analyzing the request and

other information reasonably available to the administering

authority, determines that additional information is needed,

the administering authority shall recommend to the Trade

Representative that the Trade Representative seek, pursuant to

Article 8.3 or 8.4 of the Subsidies Agreement, additional

information regarding the particular notified subsidy program

or a subsidy granted pursuant to the notified subsidy program.

If the administering authority determines that there is reason

to believe that a violation of Article 8 of the Subsidies

Agreement exists, the administering authority shall so notify

the Trade Representative, and shall include supporting

information with the notification.

(C) Action by Trade Representative

(i) If the Trade Representative, on the basis of the

notification and information provided by the administering

authority pursuant to subparagraph (A) or (B), and such other

information as the Trade Representative may have or obtain, and

after consulting with the interested party referred to in

subparagraph (B) and appropriate domestic industries,

determines that there is reason to believe that a violation of

Article 8 of the Subsidies Agreement exists, the Trade

Representative shall invoke the procedures of Article 8.4 or

8.5 of the Subsidies Agreement.

(ii) For purposes of clause (i), the Trade Representative

shall determine that there is reason to believe that a

violation of Article 8 exists in any case in which the Trade

Representative determines that a notified subsidy program or a

subsidy granted pursuant to a notified subsidy program does not

satisfy the conditions and criteria required for a

nonactionable subsidy program under this Act, the Subsidies

Agreement, and the statement of administrative action approved

under section 3511(a) of this title.

(D) Notification of administering authority

The Trade Representative shall notify the administering

authority whenever a violation of Article 8 of the Subsidies

Agreement has been found to exist pursuant to Article 8.4 or

8.5 of that Agreement.

(2) Serious adverse effects

(A) Request by interested party

An interested party may request the administering authority

to determine if there is reason to believe that serious adverse

effects resulting from a program referred to in Article 8.2 of

the Subsidies Agreement exist. The request shall contain such

information as the administering authority may require to

support the allegations contained in the request.

(B) Action by administering authority

Within 90 days after receipt of the request described in

subparagraph (A), the administering authority, after analyzing

the request and other information reasonably available to the

administering authority, shall determine if there is reason to

believe that serious adverse effects resulting from a program

referred to in Article 8.2 of the Subsidies Agreement exist.

If the determination of the administering authority is

affirmative, it shall so notify the Trade Representative and

shall include supporting information with the notification.

The Commission shall assist the administering authority in

analyzing the information pertaining to the existence of such

serious adverse effects if the administering authority requests

the Commission's assistance. If the subsidy program that is

alleged to result in serious adverse effects has been the

subject of a countervailing duty investigation or review under

subtitle A or C of title VII of the Tariff Act of 1930 (19

U.S.C. 1671 et seq., 1675 et seq.), the administering authority

shall take into account the determinations made by the

administering authority and the Commission in such

investigation or review and the administering authority shall

complete its analysis as expeditiously as possible.

(C) Action by Trade Representative

The Trade Representative, on the basis of the notification

and information provided by the administering authority

pursuant to subparagraph (B), and such other information as the

Trade Representative may have or obtain, shall determine as

expeditiously as possible, but not later than 30 days after

receipt of the notification provided by the administering

authority, if there is reason to believe that serious adverse

effects exist resulting from the subsidy program which is the

subject of the administering authority's notification. The

Trade Representative shall make an affirmative determination

regarding the existence of such serious adverse effects unless

the Trade Representative finds that the notification of the

administering authority is not supported by the facts.

(D) Consultations

If the Trade Representative determines that there is reason

to believe that serious adverse effects resulting from the

subsidy program exist, the Trade Representative, unless the

interested party referred to in subparagraph (A) objects, shall

invoke the procedures of Article 9 of the Subsidies Agreement,

and shall request consultations pursuant to Article 9.2 of the

Subsidies Agreement with respect to such serious adverse

effects. If such consultations have not resulted in a mutually

acceptable solution within 60 days after the request is made

for such consultations, the Trade Representative shall refer

the matter to the Subsidies Committee pursuant to Article 9.3

of the Subsidies Agreement.

(E) Determination by Subsidies Committee

If the Trade Representative determines that -

(i) the Subsidies Committee has been prevented from making

an affirmative determination regarding the existence of

serious adverse effects under Article 9 of the Subsidies

Agreement by reason of the refusal of the WTO member country

with respect to which the consultations have been invoked to

join in an affirmative consensus -

(I) that such serious adverse effects exist, or

(II) regarding a recommendation to such WTO member

country to modify the subsidy program in such a way as to

remove the serious adverse effects, or

(ii) the Subsidies Committee has not presented its

conclusions regarding the existence of such serious adverse

effects within 120 days after the date the matter was

referred to it, as required by Article 9.4 of the Subsidies

Agreement,

the Trade Representative shall, within 30 days after such

determination, make a determination under section 304(a)(1) of

the Trade Act of 1974 (19 U.S.C. 2414(a)(1)) regarding what

action to take under section 301(a)(1)(A) of that Act (19

U.S.C. 2411(a)(1)(A)).

(F) Noncompliance with Committee recommendation

In the event that the Subsidies Committee makes a

recommendation under Article 9.4 of the Subsidies Agreement and

the WTO member country with respect to which such

recommendation is made does not comply with such recommendation

within 6 months after the date of the recommendation, the Trade

Representative shall make a determination under section

304(a)(1) of the Trade Act of 1974 (19 U.S.C. 2414(a)(1))

regarding what action to take under section 301(a) of that Act

(19 U.S.C. 2411(a)).

(f) Notification, consultation, and publication

(1) Notification of Congress

The Trade Representative shall submit promptly to the Committee

on Ways and Means of the House of Representatives, the Committee

on Finance of the Senate, and other appropriate committees of the

Congress any information submitted or report made pursuant to

Article 8.3 or 8.4 of the Subsidies Agreement regarding a

notified subsidy program.

(2) Publication in the Federal Register

The administering authority shall publish regularly in the

Federal Register a summary notice of any information submitted or

report made pursuant to Article 8.3 or 8.4 of the Subsidies

Agreement regarding notified subsidy programs.

(3) Consultations with Congress and private sector

The Trade Representative and the administering authority

promptly shall consult with the committees referred to in

paragraph (1), and with interested representatives of the private

sector, regarding all information submitted or reports made

pursuant to Article 8.3 or 8.4 of the Subsidies Agreement

regarding a notified subsidy program.

(4) Annual report

Not later than February 1 of each year beginning in 1996, the

Trade Representative and the administering authority shall issue

a joint report to the Congress detailing -

(A) the subsidies practices of major trading partners of the

United States, including subsidies that are prohibited, are

causing serious prejudice, or are nonactionable, under the

Subsidies Agreement, and

(B) the monitoring and enforcement activities of the Trade

Representative and the administering authority during the

preceding calendar year which relate to subsidies practices.

(g) Cooperation of other agencies

All agencies, departments, and independent agencies of the

Federal Government shall cooperate fully with one another in

carrying out the provisions of this section, and, upon the request

of the administering authority, shall furnish to the administering

authority all records, papers, and information in their possession

which relate to the requirements of this section.

(h) Definitions

For purposes of this section:

(1) Adverse effects

The term ''adverse effects'' has the meaning given that term in

Articles 5(a) and 5(c) of the Subsidies Agreement.

(2) Administering authority

The term ''administering authority'' has the meaning given that

term in section 771(1) of the Tariff Act of 1930 (19 U.S.C.

1677(1)).

(3) Commission

The term ''Commission'' means the United States International

Trade Commission.

(4) Interested party

The term ''interested party'' means a party described in

subparagraph (C), (D), (E), (F), or (G) of section 771(9) of the

Tariff Act of 1930 (19 U.S.C. 1677(9)(C), (D), (E), (F), or (G)).

(5) Nonactionable subsidy

The term ''nonactionable subsidy'' means a subsidy described in

Article 8.1(b) of the Subsidies Agreement.

(6) Notified subsidy program

The term ''notified subsidy program'' means a subsidy program

which has been notified pursuant to Article 8.3 of the Subsidies

Agreement.

(7) Serious adverse effects

The term ''serious adverse effects'' has the meaning given that

term in Article 9.1 of the Subsidies Agreement.

(8) Subsidies Agreement

The term ''Subsidies Agreement'' means the Agreement on

Subsidies and Countervailing Measures described in section 771(8)

of the Tariff Act of 1930 (19 U.S.C. 1677(8)).

(9) Subsidies Committee

The term ''Subsidies Committee'' means the committee

established pursuant to Article 24 of the Subsidies Agreement.

(10) Subsidy

The term ''subsidy'' has the meaning given that term in Article

1 of the Subsidies Agreement.

(11) Trade Representative

The term ''Trade Representative'' means the United States Trade

Representative.

(12) Violation of Article 8

The term ''violation of Article 8'' means the failure of a

notified subsidy program or an individual subsidy granted

pursuant to a notified subsidy program to meet the applicable

conditions and criteria described in Article 8.2 of the Subsidies

Agreement.

(i) Treatment of proprietary information

Notwithstanding any other provision of law, the administering

authority may provide the Trade Representative with a copy of

proprietary information submitted to, or obtained by, the

administering authority that the Trade Representative considers

relevant in carrying out its responsibilities under this

subchapter. The Trade Representative shall protect from public

disclosure proprietary information obtained from the administering

authority under this subchapter.

-SOURCE-

(Pub. L. 103-465, title II, Sec. 281, Dec. 8, 1994, 108 Stat. 4922;

Pub. L. 104-295, Sec. 20(b)(13), Oct. 11, 1996, 110 Stat. 3527.)

-REFTEXT-

REFERENCES IN TEXT

The Tariff Act of 1930, referred to in subsecs. (b)(1), (c)(1),

and (e)(2)(B), is act June 17, 1930, ch. 497, 46 Stat. 590, as

amended. Title VII of the Act is classified generally to subtitle

IV (Sec. 1671 et seq.) of chapter 4 of this title. Subtitles A and

C of title VII of the Act are classified generally to parts I (Sec.

1671 et seq.) and III (Sec. 1675 et seq.), respectively, of

subtitle IV of chapter 4 of this title. For complete

classification of this Act to the Code, see section 1654 of this

title and Tables.

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

93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Title III of the

Act is classified principally to subchapter III (Sec. 2411 et seq.)

of chapter 12 of this title. For complete classification of this

Act to the Code, see section 2101 of this title and Tables.

This Act, referred to in subsec. (e)(1)(C)(ii), is Pub. L.

103-465, Dec. 8, 1994, 108 Stat. 4809, known as the Uruguay Round

Agreements Act. For complete classification of this Act to the

Code, see Short Title note set out under section 3501 of this title

and Tables.

This subchapter, referred to in subsec. (i), was in the original

''this part'', meaning part 4 (Sec. 281 to 283) of subtitle B of

title II of Pub. L. 103-465, which enacted this subchapter and

amended sections 1671b, 1675, 1677d, and 2191 of this title. For

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

-MISC2-

AMENDMENTS

1996 - Subsec. (h)(4). Pub. L. 104-295 struck out ''(A),'' after

''1677(9)''.

EFFECTIVE DATE

Subchapter effective, except as otherwise provided, on the date

on which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews, and inquiries initiated and petitions

filed under specified provisions of subtitle IV (Sec. 1671 et seq.)

of chapter 4 of this title after such date, see section 291 of Pub.

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

under section 1671 of this title.

-CITE-

19 USC Sec. 3572 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER II - ENFORCEMENT OF UNITED STATES RIGHTS UNDER SUBSIDIES

AGREEMENT

-HEAD-

Sec. 3572. Review of Subsidies Agreement

-STATUTE-

(a) General objectives

The general objectives of the United States under this subchapter

are -

(1) to ensure that parts II and III of the Agreement on

Subsidies and Countervailing Measures referred to in section

3511(d)(12) of this title (hereafter in this section referred to

as the ''Subsidies Agreement'') are effective in disciplining the

use of subsidies and in remedying the adverse effects of

subsidies, and

(2) to ensure that part IV of the Subsidies Agreement does not

undermine the benefits derived from any other part of that

Agreement.

(b) Specific objective

The specific objective of the United States under this subchapter

shall be to create a mechanism which will provide for an ongoing

review of the operation of part IV of the Subsidies Agreement.

(c) Sunset of noncountervailable subsidies provisions

(1) In general

Subparagraphs (B), (C), (D), and (E) of section 1677(5B) of

this title shall cease to apply as provided in subparagraph

(G)(i) of such section, unless, before the date referred to in

such subparagraph (G)(i) -

(A) the Subsidies Committee determines to extend Articles

6.1, 8, and 9 of the Subsidies Agreement as in effect on the

date on which the Subsidies Agreement enters into force or in a

modified form, in accordance with Article 31 of such Agreement,

(B) the President consults with the Congress in accordance

with paragraph (2), and

(C) an implementing bill is submitted and enacted into law in

accordance with paragraphs (3) and (4). (FOOTNOTE 1)

(FOOTNOTE 1) See Codification note below.

(2) Consultation with Congress before Subsidies Committee agrees

to extend

Before a determination is made by the Subsidies Committee to

extend Articles 6.1, 8, and 9 of the Subsidies Agreement, the

President shall consult with the Committee on Ways and Means of

the House of Representatives and the Committee on Finance of the

Senate regarding such extension.

(3) Implementation of extension

(A) Notification and submission

Any extension of subparagraphs (B), (C), (D), and (E) of

section 1677(5B) of this title shall take effect if (and only

if) -

(i) after the Subsidies Committee determines to extend

Articles 6.1, 8, and 9 of the Subsidies Agreement, the

President submits to the committees referred to in paragraph

(2) a copy of the document describing the terms of such

extension, together with -

(I) a draft of an implementing bill,

(II) a statement of any administrative action proposed to

implement the extension, and

(III) the supporting information described in

subparagraph (C); and

(ii) the implementing bill is enacted into law.

(B) Implementing bill

The implementing bill referred to in subparagraph (A) shall

contain only those provisions that are necessary or appropriate

to implement an extension of the provisions of section

1677(5B)(B), (C), (D), and (E) of this title as in effect on

the day before the date of the enactment of the implementing

bill or as modified to reflect the determination of the

Subsidies Committee to extend Articles 6.1, 8, and 9 of the

Subsidies Agreement.

(C) Supporting information

The supporting information required under subparagraph

(A)(i)(III) consists of -

(i) an explanation as to how the implementing bill and

proposed administrative action will change or affect existing

law; and

(ii) a statement regarding -

(I) how the extension serves the interests of United

States commerce, and

(II) why the implementing bill and proposed

administrative action is required or appropriate to carry

out the extension.

(4) Omitted

(5) Report by the Trade Representative

Not later than the date referred to in section 1677(5B)(G)(i)

of this title, the Trade Representative shall submit to the

Congress a report setting forth the provisions of law which were

enacted to implement Articles 6.1, 8, and 9 of the Subsidies

Agreement and should be repealed or modified if such provisions

are not extended.

(d) Review of operation of Subsidies Agreement

The Secretary of Commerce, in consultation with other appropriate

departments and agencies of the Federal Government, shall undertake

an ongoing review of the operation of the Subsidies Agreement. The

review shall address -

(1) the effectiveness of part II of the Subsidies Agreement in

disciplining the use of subsidies which are prohibited under

Article 3 of the Agreement,

(2) the effectiveness of part III and, in particular, Article

6.1 of the Subsidies Agreement, in remedying the adverse effects

of subsidies which are actionable under the Agreement, and

(3) the extent to which the provisions of part IV of the

Subsidies Agreement may have undermined the benefits derived from

other parts of the Agreement, and, in particular -

(A) the extent to which WTO member countries have cooperated

in reviewing and improving the operation of part IV of the

Subsidies Agreement,

(B) the extent to which the provisions of Articles 8.4 and

8.5 of the Subsidies Agreement have been effective in

identifying and remedying violations of the conditions and

criteria described in Article 8.2 of the Agreement, and

(C) the extent to which the provisions of Article 9 of the

Subsidies Agreement have been effective in remedying the

serious adverse effects of subsidy programs described in

Article 8.2 of the Agreement.

Not later than 4 years and 6 months after December 8, 1994, the

Secretary of Commerce shall submit to the Congress a report on the

review required under this subsection.

-SOURCE-

(Pub. L. 103-465, title II, Sec. 282, Dec. 8, 1994, 108 Stat. 4927;

Pub. L. 104-295, Sec. 20(b)(16), Oct. 11, 1996, 110 Stat. 3527.)

-COD-

CODIFICATION

Section is comprised of section 282 of Pub. L. 103-465. Subsec.

(c)(4) of section 282 of Pub. L. 103-465 amended section 2191 of

this title.

-MISC3-

AMENDMENTS

1996 - Subsec. (d). Pub. L. 104-295 realigned margins.

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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 sections 1677, 2191 of this title.

-CITE-

19 USC SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF

AGREEMENTS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

.

-HEAD-

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

-CITE-

19 USC Part A - Foreign Trade Barriers and Unfair Trade

Practices 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

Part A - Foreign Trade Barriers and Unfair Trade Practices

.

-HEAD-

Part A - Foreign Trade Barriers and Unfair Trade Practices

-CITE-

19 USC Sec. 3581 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

Part A - Foreign Trade Barriers and Unfair Trade Practices

-HEAD-

Sec. 3581. Objectives in intellectual property

-STATUTE-

It is the objective of the United States -

(1) to accelerate the implementation of the Agreement on

Trade-Related Aspects of Intellectual Property Rights referred to

in section 3511(d)(15) of this title,

(2) to seek enactment and effective implementation by foreign

countries of laws to protect and enforce intellectual property

rights that supplement and strengthen the standards of the

Agreement on Trade-Related Aspects of Intellectual Property

Rights referred to in section 3511(d)(15) of this title and the

North American Free Trade Agreement and, in particular -

(A) to conclude bilateral and multilateral agreements that

create obligations to protect and enforce intellectual property

rights that cover new and emerging technologies and new methods

of transmission and distribution, and

(B) to prevent or eliminate discrimination with respect to

matters affecting the availability, acquisition, scope,

maintenance, use, and enforcement of intellectual property

rights,

(3) to secure fair, equitable, and nondiscriminatory market

access opportunities for United States persons that rely upon

intellectual property protection,

(4) to take an active role in the development of the

intellectual property regime under the World Trade Organization

to ensure that it is consistent with other United States

objectives, and

(5) to take an active role in the World Intellectual Property

Organization (WIPO) to develop a cooperative and mutually

supportive relationship between the World Trade Organization and

WIPO.

-SOURCE-

(Pub. L. 103-465, title III, Sec. 315, Dec. 8, 1994, 108 Stat.

4942.)

-MISC1-

EFFECTIVE DATE

Section 316 of title III of Pub. L. 103-465 provided that:

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

subtitle (subtitle B (Sec. 311-316) of title III of Pub. L.

103-465, enacting this section and amending sections 2241, 2242,

2411, 2414, 2416, and 2420 of this title) 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).

''(b) Section 314(f). - The amendment made by section 314(f)

(amending section 2420 of this title) takes effect on the date of

the enactment of this Act (Dec. 8, 1994).''

-CITE-

19 USC Part B - Textiles 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

Part B - Textiles

.

-HEAD-

Part B - Textiles

-CITE-

19 USC Sec. 3591 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

Part B - Textiles

-HEAD-

Sec. 3591. Textile product integration

-STATUTE-

Not later than 120 days after the date that the WTO Agreement

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

of Commerce shall publish in the Federal Register a notice

containing the list of products to be integrated in each stage set

out in Article 2(8) of the Agreement on Textiles and Clothing

referred to in section 3511(d)(4) of this title. After publication

of such list, the list may not be changed unless otherwise required

by statute or the international obligations of the United States,

to correct technical errors, or to reflect reclassifications.

Within 30 days after the publication of such list, the Trade

Representative shall notify the list to the Textiles Monitoring

Body established under Article 8 of the Agreement on Textiles and

Clothing.

-SOURCE-

(Pub. L. 103-465, title III, Sec. 331, Dec. 8, 1994, 108 Stat.

4947; Pub. L. 104-295, Sec. 20(c)(7), Oct. 11, 1996, 110 Stat.

3528.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-295 struck out '', as defined in section

3501(9) of this title,'' after ''WTO Agreement''.

EFFECTIVE DATE

Section 335 of title III of Pub. L. 103-465 provided that:

''Except as provided in section 334 (enacting section 3592 of this

title), this subtitle (subtitle D (Sec. 331-335) of title III of

Pub. L. 103-465, enacting this part and section 1592a of this

title, and amending section 1854 of Title 7, Agriculture) 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).''

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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 2252 of this title.

-CITE-

19 USC Sec. 3592 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER III - ADDITIONAL IMPLEMENTATION OF AGREEMENTS

Part B - Textiles

-HEAD-

Sec. 3592. Rules of origin for textile and apparel products

-STATUTE-

(a) Regulatory authority

The Secretary of the Treasury shall prescribe rules implementing

the principles contained in subsection (b) of this section for

determining the origin of textiles and apparel products. Such

rules shall be promulgated in final form not later than July 1,

1995.

(b) Principles

(1) In general

Except as otherwise provided for by statute, a textile or

apparel product, for purposes of the customs laws and the

administration of quantitative restrictions, originates in a

country, territory, or insular possession, and is the growth,

product, or manufacture of that country, territory, or insular

possession, if -

(A) the product is wholly obtained or produced in that

country, territory, or possession;

(B) the product is a yarn, thread, twine, cordage, rope,

cable, or braiding and -

(i) the constituent staple fibers are spun in that country,

territory, or possession, or

(ii) the continuous filament is extruded in that country,

territory, or possession;

(C) the product is a fabric, including a fabric classified

under chapter 59 of the HTS, and the constituent fibers,

filaments, or yarns are woven, knitted, needled, tufted,

felted, entangled, or transformed by any other fabric-making

process in that country, territory, or possession; or

(D) the product is any other textile or apparel product that

is wholly assembled in that country, territory, or possession

from its component pieces.

(2) Special rules

(A) Notwithstanding paragraph (1)(D) and except as provided in

subparagraphs (B) and (C) -

(i) the origin of a good that is classified under one of the

following HTS headings or subheadings shall be determined under

subparagraph (A), (B), or (C) of paragraph (1), as appropriate:

5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303,

6304, 6305, 6306, 6307.10, 6307.90, 6308, or 9404.90; and

(ii) a textile or apparel product which is knit to shape

shall be considered to originate in, and be the growth,

product, or manufacture of, the country, territory, or

possession in which it is knit.

(B) Notwithstanding paragraph (1)(C), fabric classified under

the HTS as of silk, cotton, man-made fiber, or vegetable fiber

shall be considered to originate in, and be the growth, product,

or manufacture of, the country, territory, or possession in which

the fabric is both dyed and printed when accompanied by two or

more of the following finishing operations: bleaching, shrinking,

fulling, napping, decating, permanent stiffening, weighting,

permanent embossing, or moireing.

(C) Notwithstanding paragraph (1)(D), goods classified under

HTS heading 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52,

6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99,

6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95, except for

goods classified under such headings as of cotton or of wool or

consisting of fiber blends containing 16 percent or more by

weight of cotton, shall be considered to originate in, and be the

growth, product, or manufacture of, the country, territory, or

possession in which the fabric is both dyed and printed when

accompanied by two or more of the following finishing operations:

bleaching, shrinking, fulling, napping, decating, permanent

stiffening, weighting, permanent embossing, or moireing.

(3) Multicountry rule

If the origin of a good cannot be determined under paragraph

(1) or (2), then that good shall be considered to originate in,

and be the growth, product, or manufacture of -

(A) the country, territory, or possession in which the most

important assembly or manufacturing process occurs, or

(B) if the origin of the good cannot be determined under

subparagraph (A), the last country, territory, or possession in

which important assembly or manufacturing occurs.

(4) Components cut in the United States

(A) The value of a component that is cut to shape (but not to

length, width, or both) in the United States from foreign fabric

and exported to another country, territory, or insular possession

for assembly into an article that is then returned to the United

States -

(i) shall not be included in the dutiable value of such

article, and

(ii) may be applied toward determining the percentage

referred to in General Note 7(b)(i)(B) of the HTS, subject to

the limitation provided in that note.

(B) No article (except a textile or apparel product) assembled

in whole of components described in subparagraph (A), or of such

components and components that are products of the United States,

in a beneficiary country as defined in General Note 7(a) of the

HTS shall be treated as a foreign article, or as subject to duty

if -

(i) the components after exportation from the United States,

and

(ii) the article itself before importation into the United

States

do not enter into the commerce of any foreign country other than

such a beneficiary country.

(5) Exception for United States-Israel Free Trade Agreement

This section shall not affect, for purposes of the customs laws

and administration of quantitative restrictions, the status of

goods that, under rulings and administrative practices in effect

immediately before December 8, 1994, would have originated in, or

been the growth, product, or manufacture of, a country that is a

party to an agreement with the United States establishing a free

trade area, which entered into force before January 1, 1987. For

such purposes, such rulings and administrative practices that

were applied, immediately before December 8, 1994, to determine

the origin of textile and apparel products covered by such

agreement shall continue to apply after December 8, 1994, and on

and after the effective date described in subsection (c) of this

section, unless such rulings and practices are modified by the

mutual consent of the parties to the agreement.

(c) Effective date

This section shall apply to goods entered, or withdrawn from

warehouse, for consumption on or after July 1, 1996, except that

this section shall not apply to goods if -

(1) the contract for the sale of such goods to the United

States is entered into before July 20, 1994;

(2) all of the material terms of sale in such contract,

including the price and quantity of the goods, are fixed and

determinable before July 20, 1994;

(3) a copy of the contract is filed with the Commissioner of

Customs within 60 days after December 8, 1994, together with a

certification that the contract meets the requirements of

paragraphs (1) and (2); and

(4) the goods are entered, or withdrawn from warehouse, for

consumption on or before January 1, 1998.

The origin of goods to which this section does not apply shall be

determined in accordance with the applicable rules in effect on

July 20, 1994.

-SOURCE-

(Pub. L. 103-465, title III, Sec. 334, Dec. 8, 1994, 108 Stat.

4949; Pub. L. 104-295, Sec. 20(c)(9), Oct. 11, 1996, 110 Stat.

3528; Pub. L. 106-200, title IV, Sec. 405(a), May 18, 2000, 114

Stat. 292.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (b)(1), (5), are

classified generally to this title.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(2). Pub. L. 106-200 designated existing

provisions as subpar. (A), in introductory provisions substituted

''Notwithstanding paragraph (1)(D) and except as provided in

subparagraphs (B) and (C)'' for ''Notwithstanding paragraph

(1)(D)'', added subpars. (B) and (C), and redesignated former

subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar.

(A).

1996 - Subsec. (b)(1)(B)(ii). Pub. L. 104-295 substituted

''possession;'' for ''possession,''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-200, title IV, Sec. 405(b), May 18, 2000, 114 Stat.

293, provided that: ''The amendments made by this section (amending

this section) apply to goods entered, or withdrawn from warehouse

for consumption, on or after the date of the enactment of this Act

(May 18, 2000).''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

19 USC SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

.

-HEAD-

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

-CITE-

19 USC Part A - Market Access 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part A - Market Access

.

-HEAD-

Part A - Market Access

-CITE-

19 USC Sec. 3601 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part A - Market Access

-HEAD-

Sec. 3601. Administration of tariff-rate quotas

-STATUTE-

(a) Orderly marketing

In implementing the tariff-rate quotas set out in Schedule XX for

the entry, or withdrawal from warehouse, for consumption of goods

in the United States, the President shall take such action as may

be necessary to ensure that imports of agricultural products do not

disrupt the orderly marketing of commodities in the United States.

(b) Inadequate supply

Where imports of an agricultural product are subject to a

tariff-rate quota, and where the President determines and proclaims

that the supply of the same or directly competitive or

substitutable agricultural product will be inadequate, because of a

natural disaster, disease, or major national market disruption, to

meet domestic demand at reasonable prices, the President may

temporarily increase the quantity of imports of the agricultural

product that is subject to the in-quota rate of duty established

under the tariff-rate quota.

(c) Monitoring

The Secretary of Agriculture shall monitor the domestic supply of

agricultural products subject to a tariff-rate quota as the

Secretary considers appropriate and shall advise the President when

the domestic supply of the products and substitutable products

combined with the estimated imports of the products under the

tariff-rate quota may be inadequate to meet domestic demand at

reasonable prices.

(d) Coverage of tariff-rate quotas

(1) Exclusions

The President may, subject to terms and conditions determined

appropriate by the President, provide that the entry, or

withdrawal from warehouse, for consumption in the United States

of an agricultural product shall not be subject to the over-quota

rate of duty established under a tariff-rate quota if the

agricultural product -

(A) is imported by, or for the account of, any agency of the

United States or of any foreign embassy;

(B) is imported as a sample for taking orders, for the

personal use of the importer, or for the testing of equipment;

(C) is a commercial sample or is entered for exhibition,

display, or sampling at a trade fair or for research; or

(D) is a blended syrup provided for in subheadings

1702.20.28, 1702.30.28, 1702.40.28, 1702.60.28, 1702.90.58,

1806.20.92, 1806.20.93, 1806.90.38, 1806.90.40, 2101.10.38,

2101.20.38, 2106.90.38, or 2106.90.67 of Schedule XX, if

entered from a foreign trade zone by a foreign trade zone user

whose facilities were in operation on June 1, 1990, to the

extent that the annual quantity entered into the customs

territory from such zone does not contain a quantity of sugar

of nondomestic origin greater than the quantity authorized by

the Foreign Trade Zones Board for processing in that zone

during calendar year 1985.

(2) Reclassification

Subject to the consultation and layover requirements of section

3524 of this title, the President may proclaim a modification to

the coverage of a tariff-rate quota for any agricultural product

if the President determines the modification is necessary or

appropriate to conform the tariff-rate quota to Schedule XX as a

result of a reclassification of any item by the Secretary of the

Treasury.

(3) Allocation

The President may allocate the in-quota quantity of a

tariff-rate quota for any agricultural product among supplying

countries or customs areas and may modify any allocation as

determined appropriate by the President.

(4) Bilateral agreement

The President may proclaim an increase in the tariff-rate quota

for beef if the President determines that an increase is

necessary to implement -

(A) the March 24, 1994, agreement between the United States

and Argentina; or

(B) the March 9, 1994, agreement between the United States

and Uruguay.

(5) Continuation of sugar headnote

The President is authorized to proclaim additional United

States note 3 to chapter 17 of the HTS, and to proclaim the

modifications to the note, as determined appropriate by the

President to reflect Schedule XX.

-SOURCE-

(Pub. L. 103-465, title IV, Sec. 404, Dec. 8, 1994, 108 Stat.

4959.)

-COD-

CODIFICATION

Section is comprised of section 404 of Pub. L. 103-465. Subsec.

(e) of section 404 of Pub. L. 103-465 amended sections 1313, 2463,

2703, and 3203 of this title and section 1359a of Title 7,

Agriculture, and enacted provisions set out as a note under section

1313 of this title.

-MISC3-

EFFECTIVE DATE

Section 451 of title IV of Pub. L. 103-465 provided that:

''Except as otherwise provided in this title, this title (enacting

this subchapter, sections 2578 to 2578b of this title, and section

1585 of Title 7, Agriculture, amending sections 1306, 1313, 2463,

2544, 2703, and 3203 of this title, sections 149, 150bb, 150cc,

154, 156, 281, 624, 1314i, 1359a, 1444-2, 1445, 1581, 1582, 1586,

1852, 2803, 5623, and 5651 of Title 7, section 713a-14 of Title 15,

Commerce and Trade, and sections 104, 105, 135, 466, and 620 of

Title 21, Food and Drugs, repealing sections 1585 and 1853 of Title

7, enacting provisions set out as notes under section 2135 of this

title and sections 624, 1314i, 1445, and 5601 of Title 7, amending

provisions set out as a note under section 1313 of this title and

section 1731 of Title 7, and repealing provisions set out as a note

under section 2253 of this title), and the amendments made by this

title, shall take effect on the date of entry into force of the WTO

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

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (d)(3) of this section

delegated to United States Trade Representative by par. (3) of

Proc. No. 6763, Dec. 23, 1994, 60 F.R. 1010, set out as a note

under section 3511 of this title.

Authority of President under this section to implement certain

Memorandum of Understanding with Argentina delegated to United

States Trade Representative by par. (5) of Proc. No. 6780, Mar. 23,

1995, 60 F.R. 15847, set out as a note under section 3511 of this

title.

-EXEC-

PROC. NO. 7235. TO DELEGATE AUTHORITY FOR THE ADMINISTRATION OF THE

TARIFF-RATE QUOTAS ON SUGAR-CONTAINING PRODUCTS AND OTHER

AGRICULTURAL PRODUCTS TO THE UNITED STATES TRADE REPRESENTATIVE AND

THE SECRETARY OF AGRICULTURE

Proc. No. 7235, Oct. 7, 1999, 64 F.R. 55611, provided:

1. On April 15, 1994, the President entered into trade agreements

resulting from the Uruguay Round of multilateral trade negotiations

(''Uruguay Round Agreements''). As part of those agreements, the

United States converted quotas on imports of beef, cotton, dairy

products, peanuts, peanut butter and peanut paste, sugar, and

sugar-containing products (as defined in additional U.S. notes 2

and 3 of the Harmonized Tariff Schedule of the United States (see

19 U.S.C. 1202)) into tariff-rate quotas. In section 101(a) of the

Uruguay Round Agreements Act (19 U.S.C. 3511(a)) (the ''URAA'')

(Public Law 103-65 (Pub. L. 103-465); 108 Stat. 4809), Congress

approved the Uruguay Round Agreements listed in section 101(d) of

that Act, including the General Agreement on Tariffs and Trade

1994.

2. On December 23, 1994, the President issued Presidential

Proclamation 6763 (19 U.S.C. 3511 note), implementing the Uruguay

Round Agreements consistent with the URAA. Presidential

Proclamation 6763 included a delegation of the President's

authority under the statutes cited in the proclamation, including

section 404(a) of the URAA, 19 U.S.C. 3601(a), to the Secretary of

Agriculture, the Secretary of the Treasury, and the United States

Trade Representative, as necessary to perform functions assigned to

them to implement the proclamation. Section 404(a) directs the

President to take such action as may be necessary in implementing

the tariff-rate quotas set out in Schedule XX - United States of

America, annexed to the Marrakesh Protocol to the General Agreement

on Tariffs and Trade 1994, to ensure that imports of agricultural

products do not disrupt the orderly marketing of commodities in the

United States.

3. I have determined that it is necessary to delegate my

authority under section 404(a) to administer the tariff-rate quotas

relating to cotton, dairy products, peanuts, peanut butter and

peanut paste, sugar, and sugar-containing products to the United

States Trade Representative and to delegate to the Secretary of

Agriculture authority to issue licenses governing the importation

of such products under the applicable tariff-rate quotas. The

Secretary of Agriculture shall exercise such licensing authority in

consultation with the United States Trade Representative.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United

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

Constitution and the laws of the United States of America,

including but not limited to section 301 of title 3, United States

Code, and section 404(a) of the URAA, do hereby proclaim:

(1) The United States Trade Representative is authorized to

exercise my authority pursuant to section 404(a) of the URAA to

take all action necessary, including the promulgation of

regulations, to administer the tariff-rate quotas relating

respectively, to cotton, dairy products, peanuts, peanut butter and

peanut paste, sugar, and sugar-containing products, as the latter

products are defined in additional U.S. notes 2 and 3 of the

Harmonized Tariff Schedule of the United States. The Secretary of

Agriculture, in consultation with the United States Trade

Representative, is authorized to exercise my authority pursuant to

section 404(a) to issue import licenses governing the importation

of such products within the applicable tariff-rate quotas.

(2) All provisions of previous proclamations and Executive orders

that are inconsistent with the actions taken in this proclamation

are superseded to the extent of such inconsistency.

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

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

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

America the two hundred and twenty-fourth. William J. Clinton.

-CITE-

19 USC Sec. 3602 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part A - Market Access

-HEAD-

Sec. 3602. Special agricultural safeguard authority

-STATUTE-

(a) Determination of trigger levels

Consistent with Article 5 as determined by the President, the

President shall cause to be published in the Federal Register -

(1) the list of special safeguard agricultural goods not later

than the date of entry into force of the WTO Agreement with

respect to the United States; and

(2) for each special safeguard agricultural good -

(A) the trigger level specified in subparagraph 1(a) of

Article 5, on an annual basis;

(B) the trigger price specified in subparagraph 1(b) of

Article 5; and

(C) the relevant period.

(b) Determination of safeguard

If the President determines with respect to a special safeguard

agricultural good that it is appropriate to impose -

(1) the price-based safeguard in accordance with subparagraph

1(b) of Article 5; or

(2) the volume-based safeguard in accordance with subparagraph

1(a) of Article 5,

the President shall, consistent with Article 5 as determined by the

President, determine the amount of the duty to be imposed, the

period such duty shall be in effect, and any other terms and

conditions applicable to the duty.

(c) Imposition of safeguard

The President shall direct the Secretary of the Treasury to

impose a duty on a special safeguard agricultural good entered, or

withdrawn from warehouse, for consumption in the United States in

accordance with a determination made under subsection (b) of this

section.

(d) No simultaneous safeguard

A duty may not be in effect for a special safeguard agricultural

good pursuant to this section during any period in which such good

is the subject of any action proclaimed pursuant to section 2252 or

2253 of this title.

(e) Exclusion of NAFTA countries

The President may exempt from any duty imposed under this section

any good originating in a NAFTA country (as determined in

accordance with section 3332 of this title).

(f) Advice of Secretary of Agriculture

The Secretary of Agriculture shall advise the President on the

implementation of this section.

(g) Termination date

This section shall cease to be effective on the date, as

determined by the President, that the special safeguard provisions

of Article 5 are no longer in force with respect to the United

States.

(h) Definitions

For purposes of this section -

(1) the term ''Article 5'' means Article 5 of the Agreement on

Agriculture described in section 3511(d)(2) of this title;

(2) the term ''relevant period'' means the period determined by

the President to be applicable to a special safeguard

agricultural good for purposes of applying this section; and

(3) the term ''special safeguard agricultural good'' means an

agricultural good on which an additional duty may be imposed

pursuant to the special safeguard provisions of Article 5.

-SOURCE-

(Pub. L. 103-465, title IV, Sec. 405, Dec. 8, 1994, 108 Stat. 4961;

Pub. L. 104-295, Sec. 11, Oct. 11, 1996, 110 Stat. 3520.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-295, Sec. 11(1), substituted

''1(b)'' for ''1(a)''.

Subsec. (b)(2). Pub. L. 104-295, Sec. 11(2), substituted ''1(a)''

for ''1(b)''.

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsec. (a) of this section

delegated to Secretary of Agriculture by par. (4) of Proc. No.

6763, Dec. 23, 1994, 60 F.R. 1010, set out as a note under section

3511 of this title.

-CITE-

19 USC Part B - Exports 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part B - Exports

.

-HEAD-

Part B - Exports

-CITE-

19 USC Sec. 3611 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part B - Exports

-HEAD-

Sec. 3611. Repealed. Pub. L. 104-127, title II, Sec. 201(b), Apr.

4, 1996, 110 Stat. 951

-MISC1-

Section, Pub. L. 103-465, title IV, Sec. 411(e), Dec. 8, 1994,

108 Stat. 4963, reaffirmed commitment of United States to provide

food aid to developing countries.

-CITE-

19 USC Part C - Other Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part C - Other Provisions

.

-HEAD-

Part C - Other Provisions

-CITE-

19 USC Sec. 3621 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part C - Other Provisions

-HEAD-

Sec. 3621. Tobacco proclamation authority

-STATUTE-

(a) In general

The President, after consultation with the Committee on Ways and

Means of the House of Representatives and with the Committee on

Finance of the Senate, may proclaim the reduction or elimination of

any duty with respect to cigar binder and filler tobacco, wrapper

tobacco, or oriental tobacco set forth in Schedule XX.

(b) Effective date

This section shall take effect on December 8, 1994.

-SOURCE-

(Pub. L. 103-465, title IV, Sec. 423, Dec. 8, 1994, 108 Stat.

4965.)

-CITE-

19 USC Sec. 3622 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part C - Other Provisions

-HEAD-

Sec. 3622. Repealed. Pub. L. 105-362, title XIV, Sec. 1401(c), Nov.

10, 1998, 112 Stat. 3294

-MISC1-

Section, Pub. L. 103-465, title IV, Sec. 424, Dec. 8, 1994, 108

Stat. 4965, related to the President's report to Congress on access

to Canadian dairy and poultry markets.

-CITE-

19 USC Sec. 3623 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part C - Other Provisions

-HEAD-

Sec. 3623. Study of milk marketing order system

-STATUTE-

The Secretary of Agriculture shall conduct a study to determine

the effects of the Uruguay Round Agreements on the Federal milk

marketing order system. Not later than 6 months after the date of

entry into force of the WTO Agreement with respect to the United

States, the Secretary of Agriculture shall report to the Congress

on the results of the study.

-SOURCE-

(Pub. L. 103-465, title IV, Sec. 425, Dec. 8, 1994, 108 Stat.

4965.)

-MISC1-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) 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.

-CITE-

19 USC Sec. 3624 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 22 - URUGUAY ROUND TRADE AGREEMENTS

SUBCHAPTER IV - AGRICULTURE-RELATED PROVISIONS

Part C - Other Provisions

-HEAD-

Sec. 3624. Additional program funding

-STATUTE-

(a) Use of additional funds

Consistent, as determined by the President, with the obligations

undertaken by the United States set forth in the Uruguay Round

Agreements, the Commodity Credit Corporation shall use, in addition

to any other funds appropriated or made available for such

purposes, any funds made available under subsection (b) of this

section for authorized export promotion, foreign market

development, export credit financing, and promoting the

development, commercialization, and marketing of products resulting

from alternative uses of agricultural commodities.

(b) Amount of additional funds

Amounts shall be credited to the Commodity Credit Corporation in

fiscal year 1995 equal to the lesser of the dollar amount of -

(1) the fiscal year 1995 Pay-As-You-Go savings; and

(2) the 5-year Pay-As-You-Go savings;

under section 902 of title 2, resulting from the enactment of the

Federal Crop Insurance Reform Act of 1994.

(c) Effective date

This section shall take effect on December 8, 1994.

-SOURCE-

(Pub. L. 103-465, title IV, Sec. 426, Dec. 8, 1994, 108 Stat.

4966.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Crop Insurance Reform Act of 1994, referred to in

subsec. (b), is title I of Pub. L. 103-354, Oct. 13, 1994, 108

Stat. 3179. For complete classification of this Act to the Code,

see Short Title of 1994 Amendment note set out under section 1501

of Title 7, Agriculture, and Tables.

-CITE-