-CITE-    
    19 USC CHAPTER 12 - TRADE ACT OF 1974                       01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974

-MISC1-
                      CHAPTER 12 - TRADE ACT OF 1974                  

    Sec.                                                     
    2101.       Short title.                                          
    2102.       Congressional statement of purpose.                   

              SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY          

              PART 1 - RATES OF DUTY AND OTHER TRADE BARRIERS          
    2111.       Basic authority for trade agreements.                 
    2112.       Barriers to and other distortions of trade.           
    2113.       Overall negotiating objective.                        
    2114.       Sector negotiating objectives.                        
    2114a.      Negotiating objectives with respect to trade in
                 services, foreign direct investment, and high
                 technology products.                                 
    2114b.      Provisions relating to international trade in
                 services.                                            
    2114c.      Trade in services: development, coordination, and
                 implementation of Federal policies; staff support and
                 other assistance; specific service sector authorities
                 unaffected; executive functions.                     
    2114d.      Foreign export requirements; consultations and
                 negotiations for reduction and elimination;
                 restrictions on and exclusion from entry of products
                 or services; savings provision; compensation
                 authority applicable.                                
    2114e.      Negotiation of agreements concerning high technology
                 industries.                                          
    2115.       Bilateral trade agreements.                           
    2116.       Agreements with developing countries.                 
    2117.       International safeguard procedures.                   
    2118.       Access to supplies.                                   
    2119.       Staging requirements and rounding authority.          

                         PART 2 - OTHER AUTHORITY                     
    2131.       Authorization of appropriation for GATT revision.     
    2132.       Balance-of-payments authority.                        
    2133.       Compensation authority.                               
    2134.       Two-year residual authority to negotiate duties.      
    2135.       Termination and withdrawal authority.                 
    2136.       Reciprocal nondiscriminatory treatment.               
    2137.       Reservation of articles for national security or other
                 reasons.                                             
    2138.       Omitted.                                              

           PART 3 - HEARINGS AND ADVICE CONCERNING NEGOTIATIONS       
    2151.       Advice from International Trade Commission.           
    2152.       Advice from executive departments and other sources.  
    2153.       Public hearings.                                      
    2154.       Prerequisites for offers.                             
    2155.       Information and advice from private and public
                 sectors.                                             

         PART 4 - OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE     
    2171.       Structure, functions, powers, and personnel.          

      PART 5 - CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL
                                  ACTIONS
    2191.       Bills implementing trade agreements on nontariff
                 barriers and resolutions approving commercial
                 agreements with Communist countries.                 
    2192.       Resolutions disapproving certain actions.             
    2193.       Resolutions relating to extension of waiver authority
                 under section 402 of the Trade Act of 1974.          
    2194.       Special rules relating to Congressional procedures.   

                PART 6 - CONGRESSIONAL LIAISON AND REPORTS            
    2211.       Congressional advisers for trade policy and
                 negotiations.                                        
    2212.       Transmission of agreements to Congress.               
    2213.       Reports.                                              

           PART 7 - UNITED STATES INTERNATIONAL TRADE COMMISSION       
    2231.       Change of name.                                       
    2232.       Independent budget and authorization of
                 appropriations.                                      

    PART 8 - IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE
                                  ACTIONS
    2241.       Estimates of barriers to market access.               
    2242.       Identification of countries that deny adequate
                 protection, or market access, for intellectual
                 property rights.                                     

      SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION  

       PART 1 - POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS   
    2251.       Action to facilitate positive adjustment to import
                 competition.                                         
    2252.       Investigations, determinations, and recommendations by
                 Commission.                                          
    2253.       Action by President after determination of import
                 injury.                                              
    2254.       Monitoring, modification, and termination of action.  

                PART 2 - ADJUSTMENT ASSISTANCE FOR WORKERS            

                 SUBPART A - PETITIONS AND DETERMINATIONS             
    2271.       Petitions.                                            
    2272.       Group eligibility requirements; agricultural workers;
                 oil and natural gas industry.                        
    2273.       Determinations by Secretary of Labor.                 
    2274.       Study by Secretary of Labor when International Trade
                 Commission begins investigation.                     
    2275.       Benefit information for workers.                      

                       SUBPART B - PROGRAM BENEFITS                   

                DIVISION I - TRADE READJUSTMENT ALLOWANCES            
    2291.       Qualifying requirements for workers.                  
    2292.       Weekly amounts of readjustment allowance.             
    2293.       Limitations on trade readjustment allowances.         
    2294.       Application of State laws.                            

     DIVISION II - TRAINING, OTHER EMPLOYMENT SERVICES, AND ALLOWANCES 
    2295.       Employment services.                                  
    2296.       Training.                                             
    2297.       Job search allowances.                                
    2298.       Relocation allowances.                                

                      SUBPART C - GENERAL PROVISIONS                  
    2311.       Agreements with States.                               
    2312.       Administration absent State agreement.                
    2313.       Payments to States.                                   
    2314.       Liabilities of certifying and disbursing officers.    
    2315.       Fraud and recovery of overpayments.                   
    2316.       Penalties.                                            
    2317.       Authorization of appropriations.                      
    2318.       Demonstration project for alternative trade adjustment
                 assistance for older workers.                        
    2319.       Definitions.                                          
    2320.       Regulations.                                          
    2321.       Subpena power.                                        
    2322.       Repealed.                                             

       SUBPART D - NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM   
    2331.       Repealed.                                             

                 PART 3 - ADJUSTMENT ASSISTANCE FOR FIRMS             
    2341.       Petitions and determinations.                         
    2342.       Approval of adjustment proposals.                     
    2343.       Technical assistance.                                 
    2344.       Financial assistance.                                 
    2345.       Conditions for financial assistance.                  
    2346.       Delegation of functions to Small Business
                 Administration.                                      
    2347.       Administration of financial assistance.               
    2348.       Protective provisions.                                
    2349.       Penalties.                                            
    2350.       Civil actions.                                        
    2351.       "Firm" defined.                                       
    2352.       Regulations.                                          
    2353.       Repealed.                                             
    2354.       Study by Secretary of Commerce when International
                 Trade Commission begins investigation.               
    2355.       Assistance to industry; authorization of
                 appropriations.                                      

              PART 4 - ADJUSTMENT ASSISTANCE FOR COMMUNITIES          
    2371 to 2374. Omitted.                                            

                     PART 5 - MISCELLANEOUS PROVISIONS                 
    2391.       GAO study and report.                                 
    2392.       Adjustment Assistance Coordinating Committee.         
    2393.       Trade monitoring system.                              
    2394.       Firms relocating in foreign countries.                
    2395.       Judicial review.                                      
    2396, 2397. Omitted.                                              

                PART 6 - ADJUSTMENT ASSISTANCE FOR FARMERS            
    2401.       Definitions.                                          
    2401a.      Petitions; group eligibility.                         
    2401b.      Determinations by Secretary of Agriculture.           
    2401c.      Study by Secretary of Agriculture when International
                 Trade Commission begins investigation.               
    2401d.      Benefit information to agricultural commodity
                 producers.                                           
    2401e.      Qualifying requirements for agricultural commodity
                 producers.                                           
    2401f.      Fraud and recovery of overpayments.                   
    2401g.      Authorization of appropriations.                      

     SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
        AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES
    2411.       Actions by United States Trade Representative.        
    2412.       Initiation of investigations.                         
    2413.       Consultation upon initiation of investigation.        
    2414.       Determinations by Trade Representative.               
    2415.       Implementation of actions.                            
    2416.       Monitoring of foreign compliance.                     
    2417.       Modification and termination of actions.              
    2418.       Request for information.                              
    2419.       Administration.                                       
    2420.       Identification of trade expansion priorities.         

       SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                        NONDISCRIMINATORY TREATMENT

              PART 1 - TRADE RELATIONS WITH CERTAIN COUNTRIES          
    2431.       Exception of products of certain countries or areas.  
    2432.       Freedom of emigration in East-West trade.             
    2433.       United States personnel missing in action in Southeast
                 Asia.                                                
    2434.       Extension of nondiscriminatory treatment.             
    2435.       Commercial agreements.                                
    2436.       Market disruption.                                    
    2437.       Procedure for Congressional approval or disapproval of
                 extension of nondiscriminatory treatment and
                 Presidential reports.                                
    2438.       Payment by Czechoslovakia of amounts owed United
                 States citizens and nationals.                       
    2439.       Freedom to emigrate to join a very close relative in
                 United States.                                       
    2440, 2441. Repealed.                                             

    PART 2 - RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION
                   OF TRADE TO THE UNITED STATES MARKET
    2451.       Action to address market disruption.                  
    2451a.      Action in response to trade diversion.                
    2451b.      Regulations; termination of provision.                

             SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES         
    2461.       Authority to extend preferences.                      
    2462.       Designation of beneficiary developing countries.      
    2463.       Designation of eligible articles.                     
    2464.       Review and report to Congress.                        
    2465.       Date of termination.                                  
    2466.       Agricultural exports of beneficiary developing
                 countries.                                           
    2466a.      Designation of sub-Saharan African countries for
                 certain benefits.                                    
    2466b.      Termination of benefits for sub-Saharan African
                 countries.                                           
    2467.       Definitions.                                          

                    SUBCHAPTER VI - GENERAL PROVISIONS                
    2481.       Definitions.                                          
    2482.       Exercise of functions of International Trade
                 Commission.                                          
    2483.       Consequential changes in Tariff Schedules of the
                 United States.                                       
    2484.       International drug control.                           
    2485.       Voluntary limitations on exports of steel to United
                 States.                                              
    2486.       Trade relations with North American countries.        
    2487.       Repealed.                                             

        SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
         SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
                          DRUG-TRANSIT COUNTRIES
    2491.       Short title.                                          
    2492.       Tariff treatment of products of uncooperative major
                 drug producing or drug-transit countries.            
    2493.       Sugar quota.                                          
    2494.       Progress reports.                                     
    2495.       Definitions.                                          

-End-



-CITE-
    19 USC Sec. 2101                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974

-HEAD-
    Sec. 2101. Short title

-STATUTE-
      This chapter may be cited as the "Trade Act of 1974".

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 93-618, which in addition to enacting this
    chapter enacted section 1863 of this title, amended sections 160,
    162, 163, 164, 170a, 1202, 1303, 1315, 1321, 1330, 1332, 1333,
    1337, 1352, 1484, 1516, 1806, 1862, 1872, 1885, and 1981 of this
    title, sections 5312, 5314, 5315, and 5316 of Title 5, Government
    Organization and Employees, section 301 of Title 13, Census,
    section 3302 of Title 26, Internal Revenue Code, sections 2631 and
    2632 of Title 28, Judiciary and Judicial Procedure, and section 665
    of former Title 31, Money and Finance, repealed sections 1802,
    1803, 1804, 1805, 1822, 1831, 1832, 1833, 1841, 1842, 1843, 1844,
    1845, 1846, 1861, 1871, 1873, 1882, 1883, 1884, 1886, 1901, 1902,
    1911, 1912, 1913, 1914, 1915, 1917, 1931, 1941, 1942, 1943, 1944,
    1951, 1952, 1961, 1962, 1963, 1971, 1972, 1973, 1974, 1975, 1976,
    1977, 1978, and 1991 of this title, and enacted provisions set out
    as notes under this section and sections 160, 162, 1303, 1321,
    1337, 1484, 1515, 1516, 1901, and 2271 of this title and section
    301 of Title 13, Census.


-MISC1-
      REFERENCES TO OTHER LAWS DEEMED REFERENCES TO TRADE ACT OF 1974  
      Section 602(f) of Pub. L. 93-618, as amended by Pub. L. 96-39,
    title XI, Sec. 1106(h)(3), July 26, 1979, 93 Stat. 313, provided
    that: "All provisions of law (other than this Act [this chapter],
    the Trade Expansion Act of 1962 [chapter 7 of this title], and the
    Trade Agreements Extension Act of 1951 [see Short Title of 1951
    Amendment note set out under section 1654 of this title]), in
    effect after the date of enactment of this Act [Jan. 3, 1975],
    referring to section 350 of the Tariff Act of 1930 [section 1351 of
    this title], to that section as amended, to the Act entitled 'An
    Act to amend the Tariff Act of 1930,' approved June 12, 1934
    [enacting sections 1352, 1353, and 1354 and amending section 1351
    of this title], to that Act as amended or to the Trade Expansion
    Act of 1962, or to agreements entered into, or proclamations
    issued, or actions taken under any of such provisions, shall be
    construed, unless clearly precluded by the context, to refer also
    to this Act, or to agreements entered into or proclamations or
    orders issued pursuant to this Act."

                       SHORT TITLE OF 2002 AMENDMENT                   
      Pub. L. 107-210, div. A, Sec. 101, Aug. 6, 2002, 116 Stat. 935,
    provided that: "This division [enacting part 6 of subchapter II of
    this chapter, sections 1431a, 1583, and 2318 of this title,
    sections 35, 6050T, and 7527 of Title 26, Internal Revenue Code,
    and section 300gg-45 of Title 42, The Public Health and Welfare,
    amending sections 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075,
    2171, 2271 to 2273, 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and
    2395 of this title, sections 4980B, 6103, 6724, and 7213A of Title
    26, sections 1165, 2862, 2918, and 2919 of Title 29, Labor, section
    1324 of Title 31, Money and Finance, and section 300bb-5 of Title
    42, renumbering section 35 of Title 26 as section 36 of Title 26,
    repealing sections 2318, 2322, and 2331 of this title, enacting
    provisions set out as notes preceding section 2271 and under
    sections 58c, 482, 1583, 1625, 1654, 2071, 2075, 2082, 2251, 2271,
    2331, and 2401 of this title, sections 35 and 6050T of Title 26,
    and section 2918 of Title 29, and amending provisions set out as a
    note preceding section 2271 of this title] may be cited as the
    'Trade Adjustment Assistance Reform Act of 2002'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-188, title I, Sec. 1951, Aug. 20, 1996, 110 Stat.
    1917, provided that: "This subtitle [subtitle J (Secs. 1951-1954)
    of title I of Pub. L. 104-188, enacting sections 2461 to 2467 of
    this title, amending sections 2702, 3011, 3202, 3331, and 3551 of
    this title, section 1444-2 of Title 7, Agriculture, section 4711 of
    Title 15, Commerce and Trade, sections 262p-4p and 2191a of Title
    22, Foreign Relations and Intercourse, and section 871 of Title 26,
    Internal Revenue Code, and enacting provisions set out as a note
    under section 2461 of this title] may be cited as the 'GSP Renewal
    Act of 1996'."

                       SHORT TITLE OF 1993 AMENDMENT                   
      Pub. L. 103-182, title V, Sec. 501, Dec. 8, 1993, 107 Stat. 2149,
    provided that: "This subtitle [subtitle A (Secs. 501-507) of title
    V of Pub. L. 103-282, enacting sections 2322 and 2331 of this
    title, amending sections 2271 to 2273, 2275, 2317, and 2395 of this
    title, sections 3304 and 3306 of Title 26, Internal Revenue Code,
    and section 503 of Title 42, The Public Health and Welfare,
    enacting provisions set out as notes under section 2331 of this
    title and section 3306 of Title 26, and amending provisions set out
    as a note preceding section 2271 of this title] may be cited as the
    'NAFTA Worker Security Act'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-382, Sec. 1(a), Aug. 20, 1990, 104 Stat. 629,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Customs and Trade Act of 1990'."

                       SHORT TITLE OF 1989 AMENDMENT                   
      Pub. L. 101-221, Sec. 1, Dec. 12, 1989, 103 Stat. 1886, provided
    that: "This Act [amending section 4611 of Title 26, Internal
    Revenue Code, enacting provisions set out as notes under sections
    2253 and 2703 of this title and section 4611 of Title 26, and
    amending provisions set out as notes under sections 2253 and 2703
    of this title] may be cited as the 'Steel Trade Liberalization
    Program Implementation Act'."

                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-272, title XIII, Sec. 13001, Apr. 7, 1986, 100 Stat.
    300, provided that: "This part [part 1 (Secs. 13001-13009) of
    subtitle A, amending sections 2271, 2272, 2291 to 2293, 2296, 2297,
    2311, 2317, 2319, 2341 to 2344, and 2346 of this title, enacting
    provisions set out as a note under section 2291 of this title, and
    amending provisions set out as a note preceding section 2271 of
    this title] may be cited as the 'Trade Adjustment Assistance Reform
    and Extension Act of 1986'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-573, title III, Sec. 301(a), Oct. 30, 1984, 98 Stat.
    3000, provided that: "This title [enacting sections 2114a to 2114e,
    2138, and 2241 of this title, amending sections 2112, 2114, 2155,
    2171, and 2411 to 2415 of this title and sections 3101 to 3104 of
    Title 22, Foreign Relations and Intercourse, and enacting
    provisions set out as notes under section 2102 of this title and
    section 3101 of Title 22] may be cited as the 'International Trade
    and Investment Act'."
      Pub. L. 98-573, title V, Sec. 501(a), Oct. 30, 1984, 98 Stat.
    3018, provided that: "This title [enacting section 2466 of this
    title, amending sections 2461 to 2465 of this title, and enacting
    provisions set out as notes under section 2461 of this title] may
    be cited as the 'Generalized System of Preferences Renewal Act of
    1984'."

                               SEPARABILITY                           
      Section 605 of Pub. L. 93-618 provided that: "If any provision of
    this Act [see References in Text note above], or the application of
    any provision to any circumstances or persons shall be held
    invalid, the validity of the remainder of this Act, and of the
    application of such provision to other circumstances or persons,
    shall not be affected thereby."

-End-



-CITE-
    19 USC Sec. 2102                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974

-HEAD-
    Sec. 2102. Congressional statement of purpose

-STATUTE-
      The purposes of this chapter are, through trade agreements
    affording mutual benefits - 
        (1) to foster the economic growth of and full employment in the
      United States and to strengthen economic relations between the
      United States and foreign countries through open and
      nondiscriminatory world trade;
        (2) to harmonize, reduce, and eliminate barriers to trade on a
      basis which assures substantially equivalent competitive
      opportunities for the commerce of the United States;
        (3) to establish fairness and equity in international trading
      relations, including reform of the General Agreement on Tariffs
      and Trade;
        (4) to provide adequate procedures to safeguard American
      industry and labor against unfair or injurious import
      competition, and to assist industries, firm,(!1) workers, and
      communities to adjust to changes in international trade flows;

        (5) to open up market opportunities for United States commerce
      in nonmarket economies; and
        (6) to provide fair and reasonable access to products of less
      developed countries in the United States market.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.


-MISC1-
                  STATEMENT OF PURPOSES OF 1984 AMENDMENT              
      Pub. L. 98-573, title III, Sec. 302, Oct. 30, 1984, 98 Stat.
    3000, provided that: "The purposes of this title [see Short Title
    of 1984 Amendment note set out under section 2101 of this title]
    are - 
        "(1) to foster the economic growth of, and full employment in,
      the United States by expanding competitive United States exports
      through the achievement of commercial opportunities in foreign
      markets substantially equivalent to those accorded by the United
      States;
        "(2) to improve the ability of the President - 
          "(A) to identify and to analyze barriers to (and restrictions
        on) United States trade and investment, and
          "(B) to achieve the elimination of such barriers and
        restrictions;
        "(3) to encourage the expansion of - 
          "(A) international trade in services through the negotiation
        of agreements (both bilateral and multilateral) which reduce or
        eliminate barriers to international trade in services, and
          "(B) United States service industries in foreign commerce;
        and
        "(4) to enhance the free flow of foreign direct investment
      through the negotiation of agreements (both bilateral and
      multilateral) which reduce or eliminate the trade distortive
      effects of certain investment-related measures."

-FOOTNOTE-
    (!1) So in original.


-End-


-CITE-
    19 USC SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY       01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY

-HEAD-
              SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY          

-End-


-CITE-
    19 USC Part 1 - Rates of Duty and Other Trade Barriers      01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
              PART 1 - RATES OF DUTY AND OTHER TRADE BARRIERS          

-End-



-CITE-
    19 USC Sec. 2111                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2111. Basic authority for trade agreements

-STATUTE-
    (a) Presidential authority to enter into agreement; modification or
      continuance of existing duties
      Whenever the President determines that any existing duties or
    other import restrictions of any foreign country or the United
    States are unduly burdening and restricting the foreign trade of
    the United States and that the purposes of this chapter will be
    promoted thereby, the President - 
        (1) during the 5-year period beginning on January 3, 1975, may
      enter into trade agreements with foreign countries or
      instrumentalities thereof; and
        (2) may proclaim such modification or continuance of any
      existing duty, such continuance of existing duty-free or excise
      treatment, or such additional duties, as he determines to be
      required or appropriate to carry out any such trade agreement.
    (b) Limitation on authority to decrease duty
      (1) Except as provided in paragraph (2), no proclamation pursuant
    to subsection (a)(2) of this section shall be made decreasing a
    rate of duty to a rate below 40 percent of the rate existing on
    January 1, 1975.
      (2) Paragraph (1) shall not apply in the case of any article for
    which the rate of duty existing on January 1, 1975, is not more
    than 5 percent ad valorem.
    (c) Limitation on authority to increase duty
      No proclamation shall be made pursuant to subsection (a)(2) of
    this section increasing any rate of duty to, or imposing a rate
    above, the higher of the following:
        (1) the rate which is 50 percent above the rate set forth in
      rate column numbered 2 of the Tariff Schedules of the United
      States as in effect on January 1, 1975, or
        (2) the rate which is 20 percent ad valorem above the rate
      existing on January 1, 1975.

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

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.
      The Tariff Schedules of the United States, referred to in subsec.
    (c)(1), to be treated as a reference to the Harmonized Tariff
    Schedule pursuant to section 3012 of this title. The Harmonized
    Tariff Schedule is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.

-CHANGE-
                              CHANGE OF NAME                          
      The Office of the Special Representative for Trade Negotiations
    was redesignated the Office of the United States Trade
    Representative, and Special Representative for Trade Negotiations
    was redesignated the United States Trade Representative by Reorg.
    Plan No. 3 of 1979, Sec. 1(a), (b)(1), 44 F.R. 69273, 93 Stat.
    1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.
    Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under
    section 2171 of this title. See, also, section 2171 of this title
    as amended by Pub. L. 97-456.


-MISC1-
    REORGANIZING AND RESTRUCTURING OF INTERNATIONAL TRADE FUNCTIONS OF
                         UNITED STATES GOVERNMENT
      Pub. L. 96-39, title XI, Sec. 1109, July 26, 1979, 93 Stat. 413,
    provided that the President submit to the Congress, not later than
    July 10, 1979, a proposal to restructure the international trade
    functions of the Executive Branch of the United States Government,
    and directed, in order to ensure that the 96th Congress takes final
    action on a comprehensive reorganization of trade functions as soon
    as possible, that the appropriate committee of each House of the
    Congress give the proposal by the President immediate consideration
    and make its best efforts to take final committee action to
    reorganize and restructure the international trade functions of the
    United States Government by Nov. 10, 1979.

                       STUDY OF EXPORT TRADE POLICY                   
      Pub. L. 96-39, title XI, Sec. 1110, July 26, 1979, 93 Stat. 314,
    directed the President to review all export promotion functions of
    the executive branch and potential programmatic and regulatory
    disincentives to exports, and to submit to the Congress a report of
    that review not later than July 15, 1980, and not later than July
    15, 1980, to submit to the Congress a study of the factors bearing
    on the competitive posture of United States producers and the
    policies and programs required to strengthen the relative
    competitive position of the United States in world markets.


-EXEC-
      PROC. NO. 4707. CARRYING OUT THE GENEVA (1979) PROTOCOL TO THE
       GENERAL AGREEMENT ON TARIFFS AND TRADE AND FOR OTHER PURPOSES
      Proc. No. 4707, Dec. 11, 1979, 44 F.R. 72348, as amended by Ex.
    Ord. No. 12204, Mar. 27, 1980, 45 F.R. 20740; Proc. No. 4792, Sept.
    15, 1980, 45 F.R. 61589; Proc. No. 4889, Dec. 29, 1981, 47 F.R. 1;
    Proc. No. 4904, Feb. 27, 1982, 47 F.R. 8753; Ex. Ord. No. 12354,
    Mar. 30, 1982, 47 F.R. 13477; Ex. Ord. No. 12371, July 12, 1982, 47
    F.R. 30449; Ex. Ord. No. 12389, Oct. 25, 1982, 47 F.R. 47529; Ex.
    Ord. No. 12413, Mar. 30, 1983, 48 F.R. 13921; Proc. No. 5050, Apr.
    15, 1983, 48 F.R. 16639; Ex. Ord. No. 12459, Jan. 16, 1984, 49 F.R.
    2089; Ex. Ord. No. 12471, Mar. 30, 1984, 49 F.R. 13101; Ex. Ord.
    No. 12519, June 13, 1985, 50 F.R. 25037; Proc. No. 5365, Aug. 30,
    1985, 50 F.R. 36220; Proc. No. 5452, Mar. 31, 1986, 51 F.R. 11539,
    provided:
      1. Pursuant to Section 101(a) of the Trade Act of 1974 (19 U.S.C.
    2111(a)), I determined that certain existing duties and other
    import restrictions of the United States and of foreign countries
    were unduly burdening and restricting the foreign trade of the
    United States and that one or more of the purposes stated in
    Section 2 of the Trade Act of 1974 (19 U.S.C. 2102) would be
    promoted by entering into the trade agreements identified in the
    third and fourth recitals of this proclamation.
      2. Sections 131, 132, 133, 134, 135, and 161(b) of the Trade Act
    of 1974 (19 U.S.C. 2151, 2152, 2153, 2154, 2155, and 2211(b)) and
    Section 4(c) of Executive Order No. 11846 of March 27, 1975, (3 CFR
    1971-1975 Comp. 974) [set out below], have been complied with.
      3. Pursuant to Section 101(a)(1) of the Trade Act of 1974 (19
    U.S.C. 2111(a)(1)), I, through my duly empowered representative,
    (1) on July 11, 1979, entered into a trade agreement with other
    contracting parties to the General Agreement on Tariffs and Trade
    (61 Stat. (pts. 5 and 6)), as amended (the General Agreement), with
    countries seeking to accede to the General Agreement, and the
    European Economic Community, which agreement consists of the Geneva
    (1979) Protocol to the General Agreement, including a schedule of
    United States concessions annexed thereto (hereinafter referred to
    as "Schedule XX (Geneva-1979)"), a copy of which Geneva (1979)
    Protocol (including Schedule XX (Geneva-1979) annexed thereto) is
    annexed to this proclamation as Part 1 of Annex I [set out below],
    (2) on November 18, 1978, entered into a trade agreement with the
    Hungarian People's Republic, including a schedule of United States
    concessions annexed thereto, a copy of which agreement, and
    schedule, is annexed to this proclamation as Part 2 of Annex I [set
    out below], (3) on October 31, 1979, entered into a trade agreement
    with the United Mexican States, which agreement consists of an
    exchange of letters, one enclosing a schedule of United States
    concessions, a copy of which exchange of letters, including such
    enclosed schedule, is annexed to this proclamation as Part 3 of
    Annex I [set out below], and (4) on March 2, 1979, entered into a
    trade agreement with the Socialist Republic of Romania, which
    agreement consists of an exchange of letters, one enclosing a
    schedule of United States concessions, a copy of which exchange of
    letters, including such enclosed schedule, is annexed to this
    proclamation as Part 4 of Annex I [set out below], and on October
    24, 1979, the American Institute in Taiwan entered into a trade
    agreement with the Coordination Council for North American Affairs
    (see the Taiwan Relations Act, Sections 4(b)(1), 6(a)(1), and
    10(a), 93 Stat. 15, 17, and 18 [22 U.S.C. 3303(b)(1), 3305(a)(1),
    and 3309(a)], E.O. 12143, sections 1-203 and 1-204, 44 Fed. Reg.
    37191) [former 22 U.S.C. 3301 note], which agreement consists of an
    exchange of letters, one enclosing a schedule of the United States
    concessions, a copy of which exchange of letters, including such
    enclosed schedule, is annexed to this proclamation as Part 5 of
    Annex I [set out below].
      4. Pursuant to Section 102 of the Trade Act of 1974 (19 U.S.C.
    2112), I have determined that barriers to (and other distortions
    of) international trade were unduly burdening and restricting the
    foreign trade of the United States, and, through the Special
    Representative for Trade Negotiations [now United States Trade
    Representative, see Change of Name note above] (the Special
    Representative [now Trade Representative]), I have consulted with
    the appropriate Committees of the Congress, notified the House of
    Representatives and the Senate of my intention to enter into the
    agreements identified in Section 2(c) of the Trade Agreements Act
    of 1979 (93 Stat. 148) [19 U.S.C. 2503(c)], transmitted to the
    Congress copies of such agreements (a copy of one of which
    agreements, with the Hungarian People's Republic, is annexed to
    this proclamation as Part 6 of Annex I [set out below]), together
    with a draft of an implementing bill and a statement of
    administrative action, and such implementing bill, approving the
    agreements and the proposed administrative action, has been enacted
    into law (Section 2(a) of the Trade Agreements Act of 1979 (93
    Stat. 147) [19 U.S.C. 2503(a)]).
      5. (a) Pursuant to Section 502 of the Trade Agreements Act of
    1979 (93 Stat. 251) [Pub. L. 96-39, July 26, 1979], I have
    determined that appropriate concessions have been received from
    foreign countries under trade agreements entered into under Title I
    of the Trade Act of 1974 (19 U.S.C. 2111 et seq.);
      (b) Pursuant to Section 601(a) of the Trade Agreements Act of
    1979 (93 Stat. 267), I have determined that duty-free treatment for
    certain articles now classified in the items of the Tariff
    Schedules of the United States (19 U.S.C. 1202) (TSUS) [see
    Publication of Tariff Schedules note under section 1202 of this
    title] listed in, and certified pursuant to, Section 601(a)(2) of
    that Act (93 Stat. 267), will provide treatment comparable to that
    provided by foreign countries under the Agreement on Trade in Civil
    Aircraft;
      (c) Pursuant to Section 503(a)(2)(A) of the Trade Agreements Act
    of 1979 (93 Stat. 251), I have determined, after providing
    interested parties an opportunity to comment, that each article
    identified in Annex IV to this proclamation [see note below] is not
    import sensitive;
      (d) Pursuant to Section 855(a) of the Trade Agreements Act of
    1979 (93 Stat. 295), I have determined that adequate reciprocal
    concessions have been received, under trade agreements entered into
    under the Trade Act of 1974 [this chapter], for the application of
    the rate of duty appearing in rate column numbered 1 on January 1,
    1979, for the comparable item on a proof gallon basis in the case
    of alcoholic beverages classified in all items in subpart D of part
    12 of schedule 1 of the TSUS, except items 168.09, 168.12, 168.43,
    168.77, 168.81, 168.87, and 168.95 [see Publication of Tariff
    Schedules note under section 1202 of this title];
      (e) Pursuant to Section 2(b)(2)(A) of the Trade Agreements Act of
    1979 (93 Stat. 147) [19 U.S.C. 2503(b)(2)(A)], I have determined
    that obligations substantially the same as those applicable to
    developing countries set forth in the agreements listed in Section
    2(c)(1), (2), (3), (4), and (5) of that Act (93 Stat. 148) [19
    U.S.C. 2503(c)(1), (2), (3), (4), and (5)] will be observed in
    Taiwan.
      6. Each modification of existing duty proclaimed herein which
    provides with respect to an article for a decrease in duty below
    the limitation specified in Sections 101(b)(1) or 109(a) of the
    Trade Act of 1974 (19 U.S.C. 2111(b)(1) or 2119(a)), and each
    modification of any other import restriction or tariff provision so
    proclaimed is authorized by one or more of the following provisions
    or statutes:
      (a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C.
    2111(b)(2)), by virtue of the fact that the rate of duty existing
    on January 1, 1975, applicable to the article was not more than 5
    percent ad valorem (or ad valorem equivalent);
      (b) Section 109(b) of the Trade Act of 1974 (19 U.S.C. 2119(b)),
    by virtue of the fact that I have determined, pursuant to that
    section, that the decrease authorized by that section will simplify
    the computation of the amount of duty imposed with respect to the
    article;
      (c) Sections 503(a)(2)(A) and 503(a)(3) to (6) of the Trade
    Agreements Act of 1979 (93 Stat. 251 and 252) [Pub. L. 96-39, July
    26, 1979] by virtue of the fact that they permit departures from
    the staging provisions of Section 109(a) of the Trade Act of 1974
    (19 U.S.C. 2119(a));
      (d) Sections 502(a), 855(a), and 601(a) of the Trade Agreements
    Act of 1979 (93 Stat. 251, 295, and 267) by virtue of the authority
    in such sections for specified concessions based on reciprocity,
    but in the case of the last such section only after the conditions
    for acceptance of the Agreement on Trade in Civil Aircraft,
    identified in Section 2(c)(10) of that Act (93 Stat. 148) [19
    U.S.C. 2503(c)(10)], are fulfilled;
      (e) Sections 505 through 513, inclusive, of the Trade Agreements
    Act of 1979 (93 Stat. 252-257) by virtue of the fact that they
    permit exceeding the limitations specified in Sections 101 or 109
    of the Trade Act of 1974 (19 U.S.C. 2111 or 2119);
      (f) Section 255 of the Trade Expansion Act of 1962 (19 U.S.C.
    1885) by virtue of the fact that it permits termination of
    proclamations issued pursuant to authority contained in that act;
      (g) Section 2(a) of the Trade Agreements Act of 1979 (93 Stat.
    147) [19 U.S.C. 2503(a)] by virtue of its approval of the
    agreements identified in Section 2(c) of that Act (93 Stat. 148)
    [19 U.S.C. 2503(c)], and
      (h) Section 304(a)(3)(J) of the Tariff Act of 1930 (19 U.S.C.
    1304(a)(3)(J)) and Section 602(f) of the Trade Act of 1974 (19
    U.S.C. 2101 note), by virtue of the fact that I have found that the
    effectiveness of the proviso to Section 304(a)(3)(J) [19 U.S.C.
    1304(a)(3)(J)] with respect to the marking of articles provided for
    in headnote 2 of part 1 of schedule 2 of the TSUS [see Publication
    of Tariff Schedules note under section 1202 of this title] is
    required or appropriate to carry out the first agreement identified
    in the third recital of this proclamation.
      7. In the case of each decrease in duty, including those of the
    type specified in clause (a) or (b) of the sixth recital of this
    proclamation, which involves the determination of the ad valorem
    equivalent of a specific or compound rate of duty, and in the case
    of each modification in the form of an import duty, the United
    States International Trade Commission determined, pursuant to
    Section 601(4) of the Trade Act of 1974 (19 U.S.C. 2481(4)) in
    accordance with Section 4(e) of Executive Order No. 11846 of March
    27, 1975, (3 CFR 1971-1975 Comp. 973) [set out below], and at my
    direction, the ad valorem equivalent of the specific or compound
    rate, on the basis of the value of imports of the article concerned
    during a period determined by it to be representative, utilizing,
    to the extent practicable, the standards of valuation contained in
    Sections 402 and 402a of the Tariff Act of 1930 (19 U.S.C. 1401a
    and 1402) applicable to the article during such representative
    period.
      8. Pursuant to the Trade Act of 1974 [this chapter] and the Trade
    Agreements Act of 1979 [see 19 U.S.C. 2501], I determine that the
    modification or continuance of existing duties or other import
    restrictions or the continuance of existing duty-free or excise
    treatment hereinafter proclaimed is required or appropriate to
    carry out the trade agreements identified in the third recital of
    this proclamation or one or more of the trade agreements identified
    in Section 2(c) of the Trade Agreements Act of 1979 (93 Stat. 148)
    [19 U.S.C. 2503(c)].
      9. Following unsatisfactory negotiations with the European
    Economic Community under Articles XXIV:6 and XXVIII of the General
    Agreement regarding the maintenance by the European Economic
    Community of unreasonable import restrictions upon imports of
    poultry from the United States, the President, by Proclamation 3564
    of December 4, 1963 (77 Stat. 1035), suspended certain United
    States tariff concessions; as a result of the reciprocal
    concessions contained in the Geneva (1979) Protocol to the General
    Agreement, I determine that the termination of such suspension of
    tariff concessions contained in Proclamation 3564 (except those
    applicable to automobile trucks valued at $1,000 or more (provided
    for in TSUS item 692.02) [see Publication of Tariff Schedules note
    under section 1202 of this title]) is required to carry out the
    General Agreement.
      NOW, THEREFORE, I, JIMMY CARTER, President of the United States
    of America, acting under the authority vested in me by the
    Constitution and the statutes, including but not limited to Title I
    and Section 604 of the Trade Act of 1974 [this subchapter and 19
    U.S.C. 2483], Section 2 [19 U.S.C. 2503], and Titles V, VI, and
    VIII of the Trade Agreements Act of 1979 [Pub. L. 96-39, July 26,
    1979] Section 255 of the Trade Expansion Act of 1962 [19 U.S.C.
    1885], and Section 301 of Title 3 of the United States Code, do
    proclaim that:
      (1) At the close of December 31, 1979, the suspension of tariff
    concessions contained in Proclamation 3564 (except those applicable
    to automobile trucks valued at $1,000 or more (provided for in TSUS
    item 692.02) [see Publication of Tariff Schedules note under
    section 1202 of this title]) shall terminate.
      (2) The amendment to Section 466 of the Tariff Act of 1930 (19
    U.S.C. 1466) provided for in Section 601(a)(3) of the Trade
    Agreements Act of 1979 (93 Stat. 268) shall be effective with
    respect to entries made under Section 466 on and after the date
    designated by the President under paragraph 5(b) of this
    proclamation.
      (3) The rate of duty applicable to each item as to which the
    determination has been made in recital 5(d) is the rate of duty
    appearing in rate column numbered 1 on January 1, 1979, for the
    comparable item on a proof gallon basis or such rate as reduced
    under Section 101 of the Trade Act of 1974 (19 U.S.C. 2111).
      (4) Subject to the provisions of the General Agreement, of the
    Geneva (1979) Protocol, of other agreements supplemental to the
    General Agreement, of the other agreements identified in recitals 3
    and 4, and of United States law (including but not limited to
    provisions for more favorable treatment), the modification or
    continuance of existing duties or other import restrictions and the
    continuance of existing duty-free or excise treatment provided for
    in Schedule XX (Geneva-1979) (except those provided for in the
    items listed in Parts 1C, 1D, 2D, 2E, 2K, 3C, 3D, 4C, and 4D of
    Annex I to Schedule XX which are required to implement the
    Agreement on Implementation of Article VII of the General Agreement
    on Tariffs and Trade, and those provided for in Section 1, Chapter
    4, Unit C, Note 2 (cheese quotas), and in Section 1, Chapter 10,
    Unit B, note 2 (chocolate quotas), all of which will be the subject
    of one or more separate proclamations), in the agreements
    identified in the third and fourth recitals of this proclamation,
    and in trade agreements legislation, shall become effective on or
    after January 1, 1980, as provided for herein.
      (5) To this end - 
      (a) Except as provided for in subparagraph (b), the modifications
    to the TSUS made by Annex II, Section A of Annex III, and Sections
    B(1) through (4) of Annex IV of this proclamation [see note below]
    shall be effective with respect to articles entered, or withdrawn
    from warehouse, for consumption on and after the effective dates
    specified in those annexes;
      (b) The modifications provided for in Section A of Annex II to
    this proclamation [see note below] which are authorized by Section
    601(a) of the Trade Agreements Act of 1979 (93 Stat. 267) shall
    apply to articles entered, or withdrawn from warehouse, for
    consumption on and after the date designated by the President when
    he determines that the requirements of Section 2(b) of the Trade
    Agreements Act of 1979 (93 Stat. 147) [19 U.S.C. 2503(b)] have been
    met with respect to the Agreement on Trade in Civil Aircraft;
      (c) The Special Representative [now Trade Representative] shall
    make any determinations relevant to the designation of the
    effective dates of the modifications of the TSUS made by Sections B
    through G of Annex III, and Sections B (5) through (10) of Annex IV
    of this proclamation, [see note below] and shall publish in the
    Federal Register the effective date with respect to each of the
    modifications made by these sections; such modifications shall
    apply to articles entered, or withdrawn from warehouse, for
    consumption on and after such effective date;
      (d) The modifications to the TSUS made by Section C of Annex IV
    to this proclamation, [see note below] relating to special
    treatment for the least developed developing countries (LDDC's),
    shall be effective with respect to articles entered, or withdrawn
    from warehouse, for consumption on and after the effective dates as
    provided for in Section B of Annex IV [see note below]; whenever
    the rate of duty specified in the column numbered 1 for any TSUS
    item is reduced to the same level as the corresponding rate of duty
    specified in the column entitled "LDDC" for such item, the rate of
    duty in the column entitled "LDDC" shall be deleted from the TSUS,
    and when the duty rates for all such items in Annex IV [see note
    below] have been deleted, the modifications to the TSUS made by
    Section C of Annex IV to this proclamation [see note below] shall
    be deleted;
      (e) Section A of Annex IV [see note below] shall become effective
    on January 1, 1980.
      IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day
    of December, in the year of our Lord nineteen hundred and seventy-
    nine, and of the Independence of the United States of America the
    two hundred and fourth.
                                                           Jimmy Carter.

                                  ANNEX I                              

    TEXTS OF AGREEMENTS IDENTIFIED IN THE THIRD AND FOURTH RECITALS OF
                          THIS PROCLAMATION (!1) 
    Part 1      Geneva (1979) Protocol to the General Agreement on
                 Tariffs and Trade (Including Schedules of
                 Concessions)                                         
    Part 2      Trade Agreement with the People's Republic of Hungary
                 Entered Into on November 18, 1979                    
    Part 3      Trade Agreement with the United Mexican States Entered
                 Into on October 31, 1979                             
    Part 4      Trade Agreement with the Socialist Republic of Romania
                 Entered Into on March 2, 1979                        
    Part 5      Trade Agreement between the American Institute in
                 Taiwan and the Coordination Council for North
                 American Affairs Entered Into on October 24, 1979    
    Part 6      Agreement with the Hungarian People's Republic Entered
                 Into on June 13, 1979                                

                             ANNEXES II TO IV                         
      Annexes II to IV of Proclamation 4707, which amended the Tariff
    Schedules of the United States, are not set out under this section
    because the Tariff Schedules were not set out in the Code. The
    Tariff Schedules of the United States were replaced by the
    Harmonized Tariff Schedule of the United States which is not set
    out in the Code. See Publication of Harmonized Tariff Schedule note
    set out under section 1202 of this title.

      PROC. NO. 4768. CARRYING OUT THE AGREEMENT ON IMPLEMENTATION OF
    ARTICLES VII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE AND FOR
                               OTHER PURPOSE
      Proc. No. 4768, June 28, 1980, 45 F.R. 45135, as amended by Proc.
    No. 4792, Sept. 15, 1980, 45 F.R. 61589; Ex. Ord. No. 12311, Sec.
    5, June 29, 1981, 46 F.R. 34305; Proc. No. 4904, Feb. 27, 1982, 47
    F.R. 8753; Ex. Ord. No. 12354, Mar. 30, 1982, 47 F.R. 13477; Ex.
    Ord. No. 12413, Mar. 30, 1983, 48 F.R. 13921; Ex. Ord. No. 12471,
    Mar. 30, 1984, 49 F.R. 13101; Ex. Ord. No. 12519, June 13, 1985, 50
    F.R. 25037; Proc. No. 5365, Aug. 30, 1985, 50 F.R. 36220; Proc. No.
    5452, Mar. 31, 1986, 51 F.R. 11539, provided:
      1. Pursuant to Section 204(a)(2) of the Trade Agreements Act of
    1979 (93 Stat. 203) [19 U.S.C. 1401a note] in order to implement,
    beginning on July 1, 1980, the new customs valuation standards as
    provided in Title II of that Act [Pub. L. 96-39, July 26, 1979, 93
    Stat. 194], and for other purposes, I make the following
    determinations, and do proclaim as hereinafter set forth.
      2. Section 225 of the Trade Agreements Act of 1979 (93 Stat. 235)
    [Pub. L. 96-39, July 26, 1979], Sections 131, 132, 133, 134, 135,
    and 161(b) of the Trade Act of 1974 (19 U.S.C. 2151, 2152, 2153,
    2154, 2155, and 2211(b)) and Section 4(c) of Executive Order No.
    11846 of March 27, 1975, (3 CFR 1971-1975 Comp 974) [set out
    below], have been complied with.
      3. Pursuant to Section 101(a) of the Trade Act of 1974 (19 U.S.C.
    2111(a)) and having made the determinations required by that
    section with regard to the following trade agreements, I, through
    my duly empowered representative, (1) on July 11, 1979, entered
    into a trade agreement with other contracting parties to the
    General Agreement on Tariffs and Trade (61 Stat. (pts. 5 and 6)),
    as amended (the General Agreement), with countries seeking to
    accede to the General Agreement, and the European Communities,
    which agreement consists of the Geneva (1979) Protocol to the
    General Agreement, including a schedule of United States
    concessions annexed thereto (hereinafter referred to as "Schedule
    XX (Geneva-1979)"), (2) on December 18, 1979, entered into a trade
    agreement with Switzerland, which agreement consists of an exchange
    of letters, a copy of which is annexed to this proclamation as Part
    2 of Annex I, (3) on December 21 and 27, 1979, and on January 2,
    1980, entered into trade agreements with the European Communities,
    which agreements consists of joint memoranda, copies of which are
    annexed to this proclamation as Part 3 of Annex I, (4) on January
    2, 1980, entered into a trade agreement with the Dominican
    Republic, which agreement consists of an exchange of letters, a
    copy of which is annexed to this proclamation as Part 4 of Annex I,
    and (5) on December 29, 1979, entered into a trade agreement with
    Indonesia, which agreement consists of a memorandum and an exchange
    of letters, copies of which are annexed to this proclamation as
    Part 5 of Annex I.
      4. After having complied with Section 102 of the Trade Act of
    1974 (19 U.S.C. 2112), and having made the required determinations,
    I notified Congress of my intention to enter into the Agreement on
    Implementation of Article VII of the General Agreement on Tariffs
    and Trade (a copy of which is annexed to this proclamation as Part
    1 of Annex I); and an implementing bill, approving the agreement
    and the proposed administrative action, has been enacted into law
    (Section 2(a) of the Trade Agreements Act of 1979 (93 Stat. 147)
    [19 U.S.C. 2503(a)]).
      5. (a) Pursuant to Section 2(b)(3) of the Trade Agreements Act of
    1979 (93 Stat. 147) [19 U.S.C. 2503(b)(3)], I determine (1) that
    each major industrial country, as defined therein, with the
    exception of Canada, is accepting the Agreement on Implementation
    of Article VII of the General Agreement on Tariffs and Trade, (2)
    that the acceptance of this Agreement by Canada is not essential to
    the effective operation of the Agreement, (3) that a significant
    portion of United States trade will benefit from the Agreement,
    notwithstanding such nonacceptance, and (4) that it is in the
    national interest of the United States to accept the Agreement (and
    have so reported to the Congress);
      (b) Pursuant to Section 204(a)(2)(A) and (B) of the Trade
    Agreements Act of 1979 (93 Stat. 203) [19 U.S.C. 1401a note], I
    determine that the European Communities (including the European
    Economic Community) have accepted the obligations of the Agreement
    on Implementation of Article VII of the General Agreement on
    Tariffs and Trade with respect to the United States and each of the
    member states of the European Communities has implemented the
    Agreement under its laws (effective July 1, 1980);
      (c) Pursuant to Section 503(a)(1) of the Trade Agreements Act of
    1979 (93 Stat. 251) [Pub. L. 96-39, July 26, 1979], I determine,
    after interested parties were provided an opportunity to comment,
    that the articles classifiable in the following new items of the
    Tariff Schedules of the United States (TSUS) (19 U.S.C. 1202) [see
    Publication of Tariff Schedules note set out under section 1202 of
    this title], added thereto by Annex II to this proclamation, were
    not imported into the United States before January 1, 1978, and
    were not produced in the United States before May 1, 1978:


-MISC2-
                       [TABLE OF NEW ITEMS DELETED]                   
      (d) Pursuant to Section 503(a)(2)(A) of the Trade Agreements Act
    of 1979 (93 Stat. 251), I determine, after providing interested
    parties an opportunity to comment, that each article identified in
    Annex IV to this proclamation is not import sensitive.
      6. Each modification of existing duty proclaimed herein which
    provides with respect to an article for a decrease in duty below
    the limitation specified in Sections 101(b)(1) or 109(a) of the
    Trade Act of 1974 (19 U.S.C. 2111(b)(1) or 2119(a)), and each
    modification of any other import restriction or tariff provision so
    proclaimed is authorized by one or more of the following provisions
    or statutes:
        (a) Section 101(b)(2) of the Trade Act of 1974 (19 U.S.C.
      2111(b)(2)), by virtue of the fact that the rate of duty existing
      on January 1, 1975, applicable to the article was not more than 5
      percent ad valorem (or ad valorem equivalent);
        (b) Section 109(b) of the Trade Act of 1974 (19 U.S.C.
      2119(b)), by virtue of the fact that I have determined, pursuant
      to that section, that the decrease authorized by that section
      will simplify the computation of the amount of duty imposed with
      respect to the article; and
        (c) The Trade Agreements Act of 1979 (93 Stat. 144 et seq.)
      [see 19 U.S.C. 2501] including, but not limited to, Sections
      503(a)(1), (2)(A) and (6) (93 Stat. 251 and 252) [Pub. L. 96-39,
      July 26, 1979] by virtue of the fact that they permit departures
      from the staging provisions of Section 109(a) of the Trade Act of
      1974 (19 U.S.C. 2119(a)).
      7. In the case of each decrease in duty, including those of the
    type specific in clause (a) or (b) of the sixth recital of this
    proclamation, which involves the determination of the ad valorem
    equivalent of a specified or compound rate of duty, and in the case
    of each modification in the form of an import duty, the United
    States International Trade Commission has determined, pursuant to
    Section 601(4) of the Trade Act of 1974 (19 U.S.C. 2481(4)), in
    accordance with Section 4(e) of Executive Order No. 11846 of March
    27, 1975 (3 CFR 1971-1975 Comp. 973) [set out below], and at my
    direction, the ad valorem equivalent of the specific or compound
    rate, on the basis of the value of imports of the article concerned
    during a period determined by it to be representative, utilizing,
    to the extent practicable, the standards of valuation contained in
    Sections 402 and 402a of the Tariff Act of 1930 (19 U.S.C. 1401a
    and 1402) applicable to the article during such representative
    period.
      8. Pursuant to the Trade Act of 1974 [this chapter] and the Trade
    Agreements Act of 1979 [see 19 U.S.C. 2501], I determine that each
    modification or continuance of existing duties or other import
    restrictions and each continuance of existing duty-free or excise
    treatment hereinafter proclaimed is required or appropriate to
    carry out the trade agreements identified in the third recital of
    this proclamation or the Agreement on Implementation of Article VII
    of the General Agreement on Tariffs and Trade.
      NOW, THEREFORE, I, JIMMY CARTER, President of the United States
    of America, acting under the authority vested in me by the
    Constitution and the statutes, including but not limited to Title I
    and Section 604 of the Trade Act of 1974 [this subchapter and 19
    U.S.C. 2483], Section 2 [19 U.S.C. 2503] and Titles II and V of the
    Trade Agreements Act of 1979 [Pub. L. 96-39, July 26, 1979], and
    Section 301 of Title 3 of the United States Code, do proclaim that:
      (1)(a) The valuation standards amendments made by Title II of the
    Trade Agreements Act of 1979 (93 Stat. 194 et seq.) to Sections 402
    and 402a of the Tariff Act of 1930 (19 U.S.C. 1401a and 4102), and
      (b) subject to the provisions of the General Agreement, of the
    Geneva (1979) Protocol, of other agreements supplemental to the
    General Agreement, of the other agreements identified in recitals 3
    and 4, and of United States Law (including but not limited to
    provisions for more favorable treatment), - 
        (i) the modification or continuance of existing duties or other
      import restrictions, and
        (ii) the continuance of existing duty-free or excise treatment
      provided for in these agreements and in trade agreements
      legislation, shall become effective on or after July 1, 1980, as
      provided for herein.
      (2) To this end - 
        (a) The amendments made by Title II of the Trade Agreements Act
      of 1979 (93 Stat. 194 et seq.), except amendments made by section
      223(b) [see Effective Date of 1979 Amendment note set out under
      section 1401a of this title], shall be effective with respect to
      articles exported to the United States on and after July 1, 1980;
        (b) The TSUS is modified as provided in Annexes II, III and IV
      of the proclamation;
        (c) The modifications to the TSUS made by Sections A and C of
      Annex II, and Section A of Annex III, of this proclamation shall
      be effective with respect to articles exported to the United
      States on and after the effective dates specified in those
      annexes;
        (d) The modifications to the TSUS made by Sections B, D and E
      of Annex II, Section B of Annex III, and Sections A and B of
      Annex IV, of this proclamation shall be effective with respect to
      articles entered, or withdrawn from warehouse for consumption, on
      and after the effective dates specified in those annexes;
        (e) The United States Trade Representative shall make the
      necessary determinations relevant to the designation of the
      effective dates of the modifications of the TSUS made by Sections
      F and G of Annex II and Section C of Annex III to this
      proclamation, and shall publish in the Federal Register the
      effective date with respect to each of the modifications made by
      these sections; such modifications shall apply to articles
      entered, or withdrawn from warehouse for consumption, on and
      after such effective date;
        (f) With respect to the modifications to the TSUS made by Annex
      IV to this proclamation and Annex IV to Presidential Proclamation
      4707 of December 11, 1979 [see note above], relating to special
      treatment for the least developed developing countries (LDDC's),
      whenever the rate of duty specified in the column numbered 1 for
      any TSUS item is reduced to the same level as the corresponding
      rate of duty specified in the column entitled "LDDC" for such
      item, or to a lower level, the rate of duty in the column
      entitled "LDDC" shall be deleted from the TSUS;
        (g) Annexes III and IV of Presidential Proclamation 4707 of
      December 11, 1979 [see note above], are superseded to the extent
      inconsistent with this proclamation.
      IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of
    June, in the year of our Lord nineteen hundred and eighty, and of
    the Independence of the United States of America the two hundred
    and fourth.
                                                           Jimmy Carter.


-EXEC-
                              ANNEXES I TO IV                          
      Annexes I to IV of Proclamation 4768, which amended the Tariff
    Schedules of the United States, are not set out under this section
    because the Tariff Schedules were not set out in the Code. The
    Tariff Schedules of the United States were replaced by the
    Harmonized Tariff Schedule of the United States which is not set
    out in the Code. See Publication of Harmonized Tariff Schedule note
    set out under section 1202 of this title.

      EX. ORD. NO. 11846. ADMINISTRATION OF TRADE AGREEMENTS PROGRAM  
      Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, as amended by
    Ex. Ord. No. 11894, Jan. 3, 1976, 41 F.R. 1041; Ex. Ord. No. 11947,
    Nov. 8, 1976, 41 F.R. 49799; Ex. Ord. No. 12102, Nov. 17, 1978, 43
    F.R. 54197; Ex Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673; Ex.
    Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989; Ex. Ord. No. 13277, Sec.
    4, Nov. 19, 2002, 67 F.R. 70306, provided:
      By virtue of the authority vested in me by the Trade Act of 1974,
    hereinafter referred to as the Act (Public Law 93-618, 88 Stat.
    1978) [this chapter], the Trade Expansion Act of 1962, as amended
    (19 U.S.C. 1801), Section 350 of the Tariff Act of 1930, as amended
    (19 U.S.C. 1351), and Section 301 of Title 3 of the United States
    Code, and as President of the United States, it is hereby ordered
    as follows:
      Section 1. The Trade Agreements Program.
      The "trade agreements program" includes all activities consisting
    of, or related to, the negotiation or administration of
    international agreements which primarily concern trade and which
    are concluded pursuant to the authority vested in the President by
    the Constitution, Section 350 of the Tariff Act of 1930 [section
    1351 of this title], as amended, the Trade Expansion Act of 1962,
    as amended [section 1801 et seq. of this title], Divisions B [19
    U.S.C. 3801 et seq.] and C of the Trade Act of 2002 [div. C of Pub.
    L. 107-210, see Short Title of 2002 Amendment note set out under
    section 3201 of this title],,[sic] or the Act [this chapter].
      Sec. 2. The Special Representative for Trade Negotiations [now
    United States Trade Representative, see Change of Name note above].
      (a) The Special Representative for Trade Negotiations [now United
    States Trade Representative], hereinafter referred to as the
    Special Representative [now Trade Representative], in addition to
    the functions conferred upon him by the Act [this chapter],
    including Section 141 thereof [section 2171 of this title], and in
    addition to the functions and responsibilities set forth in this
    Order, shall be responsible for such other functions as the
    President may direct.
      (b) [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.]
      (c) The Special Representative [now Trade Representative] shall
    prepare, for the President's transmission to Congress, the annual
    report on the trade agreements program required by Section 163(a)
    of the Act [section 2213(a) of this title]. At the request of the
    Special Representative [now Trade Representative], other agencies
    shall assist in the preparation of that report.
      (d) The Special Representative [now Trade Representative], except
    where expressly otherwise provided or prohibited by statute,
    Executive order, or instructions of the President, shall be
    responsible for the proper administration of the trade agreements
    program, and may, as he deems necessary, assign to the head of any
    Executive agency or body the performance of his duties which are
    incidental to the administration of the trade agreements program.
      (e) The Special Representative [now Trade Representative] shall
    consult with the Trade Policy Committee in connection with the
    performance of his functions, including those established or
    delegated by this Order and shall, as appropriate, consult with
    other Federal agencies or bodies. With respect to the performance
    of his functions under Title IV of the Act [section 2431 et seq. of
    this title], including those established or delegated by this
    Order, the Special Representative [now Trade Representative] shall
    also consult with the East-West Foreign Trade Board [abolished].
      (f) The Special Representative [now Trade Representative] shall
    be responsible for the preparation and submission of any
    Proclamation which relates wholly or primarily to the trade
    agreements program. Any such Proclamation shall be subject to all
    the provisions of Executive Order No. 11030, as amended [set out
    under section 1505 of Title 44, Public Printing and Documents]
    except that such Proclamation need not be submitted to the Director
    of the Office of Management and Budget.
      (g) The Secretary of State shall advise the Special
    Representative [now Trade Representative], and the Committee, on
    the foreign policy implications of any action under the trade
    agreements program. The Special Representative [now Trade
    Representative] shall invite appropriate departments to participate
    in trade negotiations of particular interest to such departments,
    and the Department of State shall participate in trade negotiations
    which have a direct and significant impact on foreign policy.
      Sec. 3. The Trade Policy Committee.
      (a) [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989.]
      (b) The Committee shall have the functions conferred by the Trade
    Expansion Act of 1962, as amended [section 1801 et seq. of this
    title], upon the inter-agency organization referred to in Section
    242 thereof, as amended [section 1872 of this title], the functions
    delegated to it by the provisions of this Order, and such other
    functions as the President may from time to time direct.
    Recommendations and advice of the Committee shall be submitted to
    the President by the Chairman.
      (c) The Special Representative [now Trade Representative] or any
    other officer who is chief representative of the United States in a
    negotiation in connection with the trade agreements program shall
    keep the Committee informed with respect to the status and conduct
    of negotiations and shall consult with the Committee regarding the
    basic policy issues arising in the course of negotiations.
      (d) Before making recommendations to the President under Section
    242(b)(2) of the Trade Expansion Act of 1962, as amended [section
    1872(b)(2) of this title], the Committee shall, through the Special
    Representative [now Trade Representative], request the advice of
    the Adjustment Assistance Coordinating Committee, established by
    Section 281 of the Act [section 2392 of this title].
      (e), (f) [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R.
    989.]
      (g) The Trade Expansion Act Advisory Committee established by
    Section 4 of Executive Order No. 11075 of January 15, 1963, is
    abolished and all of its records are transferred to the Trade
    Policy Committee.
      Sec. 4. Trade Negotiations Under Title I of the Act.
      (a) The functions of the President under Section 102 of the Act
    [section 2112 of this title] concerning notice to, and consultation
    with, Congress, in connection with agreements on nontariff barriers
    to, and other distortions of, trade, are hereby delegated to the
    Special Representative [now Trade Representative].
      (b) The Special Representative [now Trade Representative], after
    consultation with the Committee, shall prepare, for the President's
    transmission to Congress, all proposed legislation and other
    documents necessary or appropriate for the implementation of, or
    otherwise required in connection with, trade agreements; provided,
    however, that where implementation of an agreement on nontariff
    barriers to, and other distortions of, trade requires a change in a
    domestic law, the department or agency having the primary interest
    in the administration of such domestic law shall prepare and
    transmit to the Special Representative [now Trade Representative]
    the proposed legislation necessary or appropriate for such
    implementation.
      (c) The functions of the President under Section 131(a) of the
    Act [section 2151(a) of this title], with respect to publishing and
    furnishing to the International Trade Commission lists of articles,
    are delegated to the Special Representative [now Trade
    Representative]. The functions of the President under Section
    131(c) of the Act [section 2151(c) of this title] with respect to
    advice of the International Trade Commission and under Section 132
    of the Act [section 2152 of this title] with respect to advice of
    the departments of the Federal Government and other sources, are
    delegated to the Special Representative [now Trade Representative].
    The functions of the President under Section 133 of the Act
    [section 2153 of this title] with respect to public hearings in
    connection with certain trade negotiations are delegated to the
    Special Representative [now Trade Representative], who shall
    designate an interagency committee to hold and conduct any such
    hearings.
      (d) The functions of the President under Section 135 of the Act
    [section 2155 of this title] with respect to advisory committees
    and, notwithstanding the provisions of any other Executive order,
    the functions of the President under the Federal Advisory Committee
    Act (86 Stat. 770, 5 U.S.C. App.), except that of reporting
    annually to Congress, which are applicable to advisory committees
    under the Act [this chapter] are delegated to the Special
    Representative [now Trade Representative]. In establishing and
    organizing general policy advisory committees or sector advisory
    committees under Section 135(c) of the Act [section 2155(c) of this
    title], the Special Representative [now Trade Representative] shall
    act through the Secretaries of Commerce, Labor and Agriculture, as
    appropriate.
      (e) The functions of the President with respect to determining ad
    valorem amounts and equivalents pursuant to Sections 601(3) and (4)
    of the Act [section 2481(3) and (4) of this title] are hereby
    delegated to the Special Representative [now Trade Representative].
    The International Trade Commission is requested to advise the
    Special Representative [now Trade Representative] with respect to
    determining such ad valorem amounts and equivalents. The Special
    Representative [now Trade Representative] shall seek the advice of
    the Commission and consult with the Committee with respect to the
    determination of such ad valorem amounts and equivalents.
      (f) Advice of the International Trade Commission under Section
    131 of the Act [section 2151 of this title], and other advice or
    reports by the International Trade Commission to the President or
    the Special Representative [now Trade Representative], the release
    or disclosure of which is not specifically authorized or required
    by law, shall not be released or disclosed in any manner or to any
    extent not specifically authorized by the President or by the
    Special Representative [now Trade Representative].
      (g) All reports, findings, advice, determinations, hearing
    transcripts, briefs, and information which, under the terms of the
    Act [this chapter], the International Trade Commission is required
    to furnish to the President shall be transmitted to the President
    through the Special Representative [now Trade Representative].
      Sec. 5. Import Relief and Market Disruption.
      (a) The Special Representative [now Trade Representative] is
    authorized to request from the International Trade Commission the
    information specified in Sections 202(d) and 203(i)(1) and (2) of
    the Act [sections 2252(d) and 2253(i)(1) and (2) of this title].
      (b) The Secretary of the Treasury, in consultation with the
    Secretary of Commerce or the Secretary of Agriculture, as
    appropriate, is authorized to issue, under Section 203(g) of the
    Act [section 2253(g) of this title], regulations governing the
    administration of any quantitative restrictions proclaimed in order
    to provide import relief and is authorized to issue, under Section
    203(g) of the Act or 352(b) of the Trade Expansion Act of 1962
    [section 1982(b) of this title], regulations governing the entry,
    or withdrawal from warehouses for consumption, of articles pursuant
    to any orderly marketing agreement.
      (c) The Secretary of Commerce shall exercise primary
    responsibility for monitoring imports under any orderly marketing
    agreement.
      Sec. 6. [Revoked by Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R.
    989.]
      Sec. 7. East-West Foreign Trade Board [abolished].
      (a) In accordance with Section 411 of the Act [section 2441 of
    this title], there is hereby established the East-West Foreign
    Trade Board [abolished], hereinafter referred to as the Board. The
    Board shall be composed of the following members and such
    additional members of the Executive branch as the President may
    designate:
        (1) The Secretary of State.
        (2) The Secretary of the Treasury.
        (3) The Secretary of Defense.
        (4) The Secretary of Agriculture.
        (5) The Secretary of Commerce.
        (6) The Special Representative for Trade Negotiations [now
      United States Trade Representative].
        (7) The Director of the Office of Management and Budget.
        (8) The Chairman of the Council of Economic Advisers.
        (9) The President of the Export-Import Bank of the United
      States.
        (10) [Deleted by Ex. Ord. No. 12102.]
    The President shall designate the Chairman and the Deputy Chairman
    of the Board. The President may designate an Executive Secretary,
    who shall be Chairman of a working group which will include
    membership from the agencies represented on the Board.
      (b) The Board shall perform such functions as are required by
    Section 411 of the Act [section 2441 of this title] and such other
    functions as the President may direct.
      (c) The Board is authorized to promulgate such rules and
    regulations as are necessary or appropriate to carry out its
    responsibilities under the Act [this chapter] and this Order.
      (d) The Secretary of State shall advise the President with
    respect to determinations required to be made in connection with
    Sections 402 and 409 of the Act (dealing with freedom of
    emigration) [sections 2432 and 2439 of this title] and Section 403
    (dealing with United States personnel missing in action in
    Southeast Asia) [section 2433 of this title], and shall prepare,
    for the President's transmission to Congress, the reports and other
    documents required by Sections 402 and 409 of the Act.
      (e) The President's Committee on East-West Trade Policy,
    established by Executive Order No. 11789 of June 25, 1974, as
    amended by Section 6(d) of Executive Order No. 11808 of September
    30, 1974, is abolished and all of its records are transferred to
    the Board.
      Sec. 8. Generalized System of Preferences.
      (a) The Special Representative [now Trade Representative], in
    consultation with the Secretary of State, shall be responsible for
    the administration of the generalized system of preferences under
    Title V of the Act [section 2461 et seq. of this title].
      (b) The Committee, through the Special Representative [now Trade
    Representative], shall advise the President as to which countries
    should be designated as beneficiary developing countries, and as to
    which articles should be designated as eligible articles for the
    purposes of the system of generalized preferences.
      (c) The Committee, through the Special Representative [now Trade
    Representative], shall perform the functions of the President
    specified in Section 503(a) of the Act [section 2463(a) of this
    title], with respect to publishing and furnishing to the
    International Trade Commission lists of articles that may be
    considered for designation as eligible articles for purposes of the
    Generalized System of Preferences.
      (d) The Committee, through the Special Representative [now Trade
    Representative], to the extent necessary to determine the
    applicability of the provisions of Section 504(d) of the Act
    [section 2464(d) of this title] to any eligible article, shall
    perform the functions of the President under Section 332(g) of the
    Tariff Act of 1930, as amended [section 1332(g) of this title],
    with respect to requests for investigations by, and reports from,
    the International Trade Commission.
      Sec. 9. Prior Executive Orders.
      (a) Executive Order No. 11789 of June 25, 1974, and Section 6(d)
    of Executive Order No. 11808 of September 30, 1974, relating to the
    President's Committee on East-West Trade Policy are hereby revoked.
      (b)(1) Sections 5(b), 7, and 8 of Executive Order No. 11075 of
    January 15, 1963, are hereby revoked effective April 3, 1975; (2)
    the remainder of Executive Order No. 11075, and Executive Order No.
    11106 of April 18, 1963 and Executive Order No. 11113 of June 13,
    1963, are hereby revoked.

-FOOTNOTE-
    (!1) Not printed in the Federal Register. The text of the Geneva
         (1979) Protocol to the General Agreement in part 1 of Annex I
         has been printed by the Contracting Parties to the General
         Agreement on Tariffs and Trade in four volumes entitled Geneva
         (1979) Protocol to the General Agreements on Tariffs and
         Trade. The Agreement with the Hungarian People's Republic in
         part 6 of Annex I has been printed in House Document 96-153,
         vol. 1, p. 703. The general provisions of all the agreements
         in parts 1 to 6 of annex I, but not schedules of concessions
         by other parties, will be printed in the Customs Bulletin. The
         texts of all these agreements will be printed in Treaties and
         Other International Acts Series, and in the bound volumes of
         United States Treaties and Other International Agreements.


-End-



-CITE-
    19 USC Sec. 2112                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2112. Barriers to and other distortions of trade

-STATUTE-
    (a) Congressional findings; directives; disavowal of prior approval
      of legislation
      The Congress finds that barriers to (and other distortions of)
    international trade are reducing the growth of foreign markets for
    the products of United States agriculture, industry, mining, and
    commerce, diminishing the intended mutual benefits of reciprocal
    trade concessions, adversely affecting the United States economy,
    preventing fair and equitable access to supplies, and preventing
    the development of open and nondiscriminatory trade among nations.
    The President is urged to take all appropriate and feasible steps
    within his power (including the full exercise of the rights of the
    United States under international agreements) to harmonize, reduce,
    or eliminate such barriers to (and other distortions of)
    international trade. The President is further urged to utilize the
    authority granted by subsection (b) of this section to negotiate
    trade agreements with other countries and instrumentalities
    providing on a basis of mutuality for the harmonization, reduction,
    or elimination of such barriers to (and other distortions of)
    international trade. Nothing in this subsection shall be construed
    as prior approval of any legislation which may be necessary to
    implement an agreement concerning barriers to (or other distortions
    of) international trade.
    (b) Presidential determinations prerequisite to entry into trade
      agreements; trade with Israel
      (1) Whenever the President determines that any barriers to (or
    other distortions of) international trade of any foreign country or
    the United States unduly burden and restrict the foreign trade of
    the United States or adversely affect the United States economy, or
    that the imposition of such barriers is likely to result in such a
    burden, restriction, or effect, and that the purposes of this
    chapter will be promoted thereby, the President, during the 13-year
    period beginning on January 3, 1975, may enter into trade
    agreements with foreign countries or instrumentalities providing
    for the harmonization, reduction, or elimination of such barriers
    (or other distortions) or providing for the prohibition of or
    limitations on the imposition of such barriers (or other
    distortions).
      (2)(A) Trade agreements that provide for the elimination or
    reduction of any duty imposed by the United States may be entered
    into under paragraph (1) only with Israel.
      (B) The negotiation of any trade agreement entered into under
    paragraph (1) with Israel that provides for the elimination or
    reduction of any duty imposed by the United States shall take fully
    into account any product that benefits from a discriminatory
    preferential tariff arrangement between Israel and a third country
    if the tariff preference on such product has been the subject of a
    challenge by the United States Government under the authority of
    section 2411 of this title and the General Agreement on Tariffs and
    Trade.
      (C) Notwithstanding any other provision of this section, the
    requirements of subsections (c) and (e)(1) of this section shall
    not apply to any trade agreement entered into under paragraph (1)
    with Israel that provides for the elimination or reduction of any
    duty imposed by the United States.
      (3) Notwithstanding any other provision of law, no trade benefit
    shall be extended to any country by reason of the extension of any
    trade benefit to another country under a trade agreement entered
    into under paragraph (1) with such other country that provides for
    the elimination or reduction of any duty imposed by the United
    States.
      (4)(A) Notwithstanding paragraph (2), a trade agreement that
    provides for the elimination or reduction of any duty imposed by
    the United States may be entered into under paragraph (1) with any
    country other than Israel if - 
        (i) such country requested the negotiation of such an
      agreement, and
        (ii) the President, at least 60 days prior to the date notice
      is provided under subsection (e)(1) of this section - 
          (I) provides written notice of such negotiations to the
        Committee on Finance of the Senate and the Committee on Ways
        and Means of the House of Representatives, and
          (II) consults with such committees regarding the negotiation
        of such agreement.

      (B) The provisions of section 2191 of this title shall not apply
    to an implementing bill (within the meaning of section 2191(b) of
    this title) if - 
        (i) such implementing bill contains a provision approving of
      any trade agreement which - 
          (I) is entered into under this section with any country other
        than Israel, and
          (II) provides for the elimination or reduction of any duty
        imposed by the United States, and

        (ii) either - 
          (I) the requirements of subparagraph (A) were not met with
        respect to the negotiation of such agreement, or
          (II) the Committee on Finance of the Senate or the Committee
        on Ways and Means of the House of Representatives disapproved
        of the negotiation of such agreement before the close of the 60-
        day period which begins on the date notice is provided under
        subparagraph (A)(ii)(I) with respect to the negotiation of such
        agreement.

      (C) The 60-day period described in subparagraphs (A)(ii) and
    (B)(ii)(II) shall be computed without regard to - 
        (i) the days on which either House of Congress is not in
      session because of an adjournment of more than 3 days to a day
      certain or an adjournment of the Congress sine die, and
        (ii) any Saturday and Sunday, not excluded under clause (i),
      when either House of Congress is not in session.
    (c) Presidential consultation with Congress prior to entry into
      trade agreements
      Before the President enters into any trade agreement under this
    section providing for the harmonization, reduction, or elimination
    of a barrier to (or other distortion of) international trade, he
    shall consult with the Committee on Ways and Means of the House of
    Representatives, the Committee on Finance of the Senate, and with
    each committee of the House and the Senate and each joint committee
    of the Congress which has jurisdiction over legislation involving
    subject matters which would be affected by such trade agreement.
    Such consultation shall include all matters relating to the
    implementation of such trade agreement as provided in subsections
    (d) and (e) of this section. If it is proposed to implement such
    trade agreement, together with one or more other trade agreements
    entered into under this section, in a single implementing bill,
    such consultation shall include the desirability and feasibility of
    such proposed implementation.
    (d) Submission to Congress of agreements, drafts of implementing
      bills, and statements of proposed administrative action
      Whenever the President enters into a trade agreement under this
    section providing for the harmonization, reduction, or elimination
    of a barrier to (or other distortion of) international trade, he
    shall submit such agreement, together with a draft of an
    implementing bill (described in section 2191(b) of this title) and
    a statement of any administrative action proposed to implement such
    agreement, to the Congress as provided in subsection (e) of this
    section, and such agreement shall enter into force with respect to
    the United States only if the provisions of subsection (e) of this
    section are complied with and the implementing bill submitted by
    the President is enacted into law.
    (e) Steps prerequisite to entry into force of trade agreements
      Each trade agreement submitted to the Congress under this
    subsection shall enter into force with respect to the United States
    if (and only if) - 
        (1) the President, not less than 90 days before the day on
      which he enters into such trade agreement, notifies the House of
      Representatives and the Senate of his intention to enter into
      such an agreement, and promptly thereafter publishes notice of
      such intention in the Federal Register;
        (2) after entering into the agreement, the President transmits
      a document to the House of Representatives and to the Senate
      containing a copy of the final legal text of such agreement
      together with - 
          (A) a draft of an implementing bill and a statement of any
        administrative action proposed to implement such agreement, and
        an explanation as to how the implementing bill and proposed
        administrative action change or affect existing law, and
          (B) a statement of his reasons as to how the agreement serves
        the interests of United States commerce and as to why the
        implementing bill and proposed administrative action is
        required or appropriate to carry out the agreement; and

        (3) the implementing bill is enacted into law.
    (f) Obligations imposed upon foreign countries or instrumentalities
      receiving benefits under trade agreements
      To insure that a foreign country or instrumentality which
    receives benefits under a trade agreement entered into under this
    section is subject to the obligations imposed by such agreement,
    the President may recommend to Congress in the implementing bill
    and statement of administrative action submitted with respect to
    such agreement that the benefits and obligations of such agreement
    apply solely to the parties to such agreement, if such application
    is consistent with the terms of such agreement. The President may
    also recommend with respect to any such agreement that the benefits
    and obligations of such agreement not apply uniformly to all
    parties to such agreement, if such application is consistent with
    the terms of such agreement.
    (g) Definitions
      For purposes of this section - 
        (1) the term "barrier" includes - 
          (A) the American selling price basis of customs evaluation as
        defined in section 1401a or 1402 of this title, as appropriate,
        and
          (B) any duty or other import restriction;

        (2) the term "distortion" includes a subsidy; and
        (3) the term "international trade" includes - 
          (A) trade in both goods and services, and
          (B) foreign direct investment by United States persons,
        especially if such investment has implications for trade in
        goods and services.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 102, Jan. 3, 1975, 88 Stat. 1982;
    Pub. L. 96-39, title XI, Secs. 1101, 1106(c)(1), July 26, 1979, 93
    Stat. 307, 311; Pub. L. 98-573, title III, Sec. 307(a), title IV,
    Sec. 401(a)-(c)(1), Oct. 30, 1984, 98 Stat. 3012, 3013-3015; Pub.
    L. 99-47, Sec. 8(b)(1), June 11, 1985, 99 Stat. 84; Pub. L. 99-514,
    title XVIII, Sec. 1887(a)(1), Oct. 22, 1986, 100 Stat. 2923.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (b)(1), was in the original
    "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.
      Section 1402 of this title, referred to in subsec. (g)(1)(A), was
    repealed by Pub. L. 96-39.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b)(4)(B)(ii)(II). Pub. L. 99-514 substituted
    "subparagraph" for "subsection".
      1985 - Subsec. (b)(3). Pub. L. 99-47 inserted "that provides for
    the elimination or reduction of any duty imposed by the United
    States" after "such other country".
      1984 - Subsec. (b). Pub. L. 98-573, Sec. 401(a), designated
    existing provisions as par. (1) and added pars. (2) to (4).
      Subsec. (g)(1). Pub. L. 98-573, Sec. 401(b), designated existing
    provisions as subpar. (A) and added subpar. (B).
      Subsec. (g)(3). Pub. L. 98-573, Sec. 307(a), designated existing
    provisions as subpar. (A) and added subpar. (B).
      1979 - Subsec. (b). Pub. L. 96-39, Sec. 1101, substituted "13-
    year period" for "5-year period".
      Subsec. (e)(2). Pub. L. 96-39, Sec. 1106(c)(1), substituted "copy
    of the final legal text of such agreement" for "copy of such
    agreement".

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment of subsec. (b) of this section by section 1101 of Pub.
    L. 96-39 effective July 26, 1979, see section 1114 of Pub. L. 96-
    39, set out as an Effective Date note under section 2581 of this
    title.
      Section 1106(c)(1) of Pub. L. 96-39 provided in part that the
    amendment of subsec. (e)(2) of this section by section 1106(c)(1)
    of Pub. L. 96-39 shall apply with respect to trade agreements
    submitted to the Congress under this section after July 26, 1979.

          PROTECTIVE ORDER PROVISIONS APPLICABLE WITH RESPECT TO
       COUNTERVAILING AND ANTIDUMPING DUTY INVESTIGATIONS INVOLVING
                        PRODUCTS OF CANADIAN ORIGIN
      Pub. L. 101-382, title I, Sec. 135(c), Aug. 20, 1990, 104 Stat.
    652, provided that: "For purposes of section 404 of the United
    States-Canada Free-Trade Agreement Implementation Act of 1988 [Pub.
    L. 100-449, set out in a note below], the amendments made by
    subsection (b) [amending section 1677f of this title] also apply
    with respect to investigations under title VII of the Tariff Act of
    1930 [19 U.S.C. 1671 et seq.] involving products of Canadian
    origin."

            UNITED STATES-JORDAN FREE TRADE AREA IMPLEMENTATION        
      Pub. L. 107-43, Sept. 28, 2001, 115 Stat. 243, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'United States-Jordan Free Trade
    Area Implementation Act'.

      "SEC. 2. PURPOSES.
      "The purposes of this Act are - 
        "(1) to implement the agreement between the United States and
      Jordan establishing a free trade area;
        "(2) to strengthen and develop the economic relations between
      the United States and Jordan for their mutual benefit; and
        "(3) to establish free trade between the 2 nations through the
      removal of trade barriers.

      "SEC. 3. DEFINITIONS.
      "For purposes of this Act:
        "(1) Agreement. - The term 'Agreement' means the Agreement
      between the United States of America and the Hashemite Kingdom of
      Jordan on the Establishment of a Free Trade Area, entered into on
      October 24, 2000.
        "(2) HTS. - The term 'HTS' means the Harmonized Tariff Schedule
      of the United States.

             "TITLE I - TARIFF MODIFICATIONS; RULES OF ORIGIN         

      "SEC. 101. TARIFF MODIFICATIONS.
      "(a) Tariff Modifications Provided for in the Agreement. - The
    President may proclaim - 
        "(1) such modifications or continuation of any duty;
        "(2) such continuation of duty-free or excise treatment; or
        "(3) such additional duties,
    as the President determines to be necessary or appropriate to carry
    out article 2.1 of the Agreement and the schedule of duty
    reductions with respect to Jordan set out in Annex 2.1 of the
    Agreement.
      "(b) Other Tariff Modifications. - The President may proclaim - 
        "(1) such modifications or continuation of any duty;
        "(2) such continuation of duty-free or excise treatment; or
        "(3) such additional duties,
    as the President determines to be necessary or appropriate to
    maintain the general level of reciprocal and mutually advantageous
    concessions with respect to Jordan provided for by the Agreement.

      "SEC. 102. RULES OF ORIGIN.
      "(a) In General. - 
        "(1) Eligible articles. - 
          "(A) In general. - The reduction or elimination of any duty
        imposed on any article by the United States provided for in the
        Agreement shall apply only if - 
            "(i) that article is imported directly from Jordan into the
          customs territory of the United States; and
            "(ii) that article - 
         "(I) is wholly the growth, product, or manufacture of Jordan;
          or
         "(II) is a new or different article of commerce that has been
          grown, produced, or manufactured in Jordan and meets the
          requirements of subparagraph (B).
          "(B) Requirements. - 
            "(i) General rule. - The requirements of this subparagraph
          are that with respect to an article described in subparagraph
          (A)(ii)(II), the sum of - 
         "(I) the cost or value of the materials produced in Jordan,
          plus
         "(II) the direct costs of processing operations performed in
          Jordan,
         is not less than 35 percent of the appraised value of such
         article at the time it is entered.
            "(ii) Materials produced in united states. - If the cost or
          value of materials produced in the customs territory of the
          United States is included with respect to an article to which
          this paragraph applies, an amount not to exceed 15 percent of
          the appraised value of the article at the time it is entered
          that is attributable to such United States cost or value may
          be applied toward determining the percentage referred to in
          clause (i).
        "(2) Exclusions. - No article may be considered to meet the
      requirements of paragraph (1)(A) by virtue of having merely
      undergone - 
          "(A) simple combining or packaging operations; or
          "(B) mere dilution with water or mere dilution with another
        substance that does not materially alter the characteristics of
        the article.
      "(b) Direct Costs of Processing Operations. - 
        "(1) In general. - As used in this section, the term 'direct
      costs of processing operations' includes, but is not limited to -
      
          "(A) all actual labor costs involved in the growth,
        production, manufacture, or assembly of the specific
        merchandise, including fringe benefits, on-the-job training,
        and the cost of engineering, supervisory, quality control, and
        similar personnel; and
          "(B) dies, molds, tooling, and depreciation on machinery and
        equipment which are allocable to the specific merchandise.
        "(2) Excluded costs. - The term 'direct costs of processing
      operations' does not include costs which are not directly
      attributable to the merchandise concerned, or are not costs of
      manufacturing the product, such as - 
          "(A) profit; and
          "(B) general expenses of doing business which are either not
        allocable to the specific merchandise or are not related to the
        growth, production, manufacture, or assembly of the
        merchandise, such as administrative salaries, casualty and
        liability insurance, advertising, and salesmen's salaries,
        commissions, or expenses.
      "(c) Textile and Apparel Articles. - 
        "(1) In general. - A textile or apparel article imported
      directly from Jordan into the customs territory of the United
      States shall be considered to meet the requirements of paragraph
      (1)(A) of subsection (a) only if - 
          "(A) the article is wholly obtained or produced in Jordan;
          "(B) the article is a yarn, thread, twine, cordage, rope,
        cable, or braiding, and - 
            "(i) the constituent staple fibers are spun in Jordan, or
            "(ii) the continuous filament is extruded in Jordan;
          "(C) the article is a fabric, including a fabric classified
        under chapter 59 of the HTS, and the constituent fibers,
        filaments, or yarns are woven, knitted, needled, tufted,
        felted, entangled, or transformed by any other fabric-making
        process in Jordan; or
          "(D) the article is any other textile or apparel article that
        is wholly assembled in Jordan from its component pieces.
        "(2) Definition. - For purposes of paragraph (1), an article is
      'wholly obtained or produced in Jordan' if it is wholly the
      growth, product, or manufacture of Jordan.
        "(3) Special rules. - 
          "(A) Certain made-up articles, textile articles in the piece,
        and certain other textiles and textile articles. -
        Notwithstanding paragraph (1)(D) and except as provided in
        subparagraphs (C) and (D) of this paragraph, subparagraph (A),
        (B), or (C) of paragraph (1), as appropriate, shall determine
        whether a good that is classified under one of the following
        headings or subheadings of the HTS shall be considered to meet
        the requirements of paragraph (1)(A) of subsection (a): 5609,
        5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6304, 6305,
        6306, 6307.10, 6307.90, 6308, and 9404.90.
          "(B) Certain knit-to-shape textiles and textile articles. -
        Notwithstanding paragraph (1)(D) and except as provided in
        subparagraphs (C) and (D) of this paragraph, a textile or
        apparel article which is knit-to-shape in Jordan shall be
        considered to meet the requirements of paragraph (1)(A) of
        subsection (a).
          "(C) Certain dyed and printed textiles and textile articles. -
         Notwithstanding paragraph (1)(D), a good classified under
        heading 6117.10, 6213.00, 6214.00. 6302.22, 6302.29, 6302.52,
        6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99,
        6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the
        HTS, except for a good classified under any such heading as of
        cotton or of wool or consisting of fiber blends containing 16
        percent or more by weight of cotton, shall be considered to
        meet the requirements of paragraph (1)(A) of subsection (a) if
        the fabric in the good is both dyed and printed in Jordan, and
        such dyeing and printing is accompanied by 2 or more of the
        following finishing operations: bleaching, shrinking, fulling,
        napping, decating, permanent stiffening, weighting, permanent
        embossing, or moireing.
          "(D) Fabrics of silk, cotton, manmade fiber or vegetable
        fiber. - Notwithstanding paragraph (1)(C), a fabric classified
        under the HTS as of silk, cotton, man-made fiber, or vegetable
        fiber shall be considered to meet the requirements of paragraph
        (1)(A) of subsection (a) if the fabric is both dyed and printed
        in Jordan, and such dyeing and printing is accompanied by 2 or
        more of the following finishing operations: bleaching,
        shrinking, fulling, napping, decating, permanent stiffening,
        weighting, permanent embossing, or moireing.
        "(4) Multicountry rule. - If the origin of a textile or apparel
      article cannot be determined under paragraph (1) or (3), then
      that article shall be considered to meet the requirements of
      paragraph (1)(A) of subsection (a) if - 
          "(A) the most important assembly or manufacturing process
        occurs in Jordan; or
          "(B) if the applicability of paragraph (1)(A) of subsection
        (a) cannot be determined under subparagraph (A), the last
        important assembly or manufacturing occurs in Jordan.
      "(d) Exclusion. - A good shall not be considered to meet the
    requirements of paragraph (1)(A) of subsection (a) if the good - 
        "(1) is imported into Jordan, and, at the time of importation,
      would be classified under heading 0805 of the HTS; and
        "(2) is processed in Jordan into a good classified under any of
      subheadings 2009.11 through 2009.30 of the HTS.
      "(e) Regulations. - The Secretary of the Treasury, after
    consultation with the United States Trade Representative, shall
    prescribe such regulations as may be necessary to carry out this
    section.

                      "TITLE II - RELIEF FROM IMPORTS                  

                     "SUBTITLE A - GENERAL PROVISIONS                 

      "SEC. 201. DEFINITIONS.
      "As used in this title:
        "(1) Commission. - The term 'Commission' means the United
      States International Trade Commission.
        "(2) Jordanian article. - The term 'Jordanian article' means an
      article that qualifies for reduction or elimination of a duty
      under section 102.

      "SUBTITLE B - RELIEF FROM IMPORTS BENEFITING FROM THE AGREEMENT  

      "SEC. 211. COMMENCING OF ACTION FOR RELIEF.
      "(a) Filing of Petition. - 
        "(1) In general. - A petition requesting action under this
      subtitle for the purpose of adjusting to the obligations of the
      United States under the Agreement may be filed with the
      Commission by an entity, including a trade association, firm,
      certified or recognized union, or group of workers that is
      representative of an industry. The Commission shall transmit a
      copy of any petition filed under this subsection to the United
      States Trade Representative.
        "(2) Provisional relief. - An entity filing a petition under
      this subsection may request that provisional relief be provided
      as if the petition had been filed under section 202(a) of the
      Trade Act of 1974 [19 U.S.C. 2252(a)].
        "(3) Critical circumstances. - Any allegation that critical
      circumstances exist shall be included in the petition.
      "(b) Investigation and Determination. - 
        "(1) In general. - Upon the filing of a petition under
      subsection (a), the Commission, unless subsection (d) applies,
      shall promptly initiate an investigation to determine whether, as
      a result of the reduction or elimination of a duty provided for
      under the Agreement, a Jordanian article is being imported into
      the United States in such increased quantities, in absolute terms
      or relative to domestic production, and under such conditions
      that imports of the Jordanian article alone constitute a
      substantial cause of serious injury or threat thereof to the
      domestic industry producing an article that is like, or directly
      competitive with, the imported article.
        "(2) Causation. - For purposes of this subtitle, a Jordanian
      article is being imported into the United States in increased
      quantities as a result of the reduction or elimination of a duty
      provided for under the Agreement if the reduction or elimination
      is a cause that contributes significantly to the increase in
      imports. Such cause need not be equal to or greater than any
      other cause.
      "(c) Applicable Provisions. - The following provisions of section
    202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respect to
    any investigation initiated under subsection (b):
        "(1) Paragraphs (1)(B) and (3) of subsection (b).
        "(2) Subsection (c).
        "(3) Subsection (d).
      "(d) Articles Exempt From Investigation. - No investigation may
    be initiated under this section with respect to any Jordanian
    article if import relief has been provided under this subtitle with
    respect to that article.

      "SEC. 212. COMMISSION ACTION ON PETITION.
      "(a) Determination. - By no later than 120 days (180 days if
    critical circumstances have been alleged) after the date on which
    an investigation is initiated under section 211(b) with respect to
    a petition, the Commission shall make the determination required
    under that section.
      "(b) Additional Finding and Recommendation if Determination
    Affirmative. - If the determination made by the Commission under
    subsection (a) with respect to imports of an article is
    affirmative, the Commission shall find, and recommend to the
    President in the report required under subsection (c), the amount
    of import relief that is necessary to remedy or prevent the injury
    found by the Commission in the determination and to facilitate the
    efforts of the domestic industry to make a positive adjustment to
    import competition. The import relief recommended by the Commission
    under this subsection shall be limited to that described in section
    213(c).
      "(c) Report to President. - No later than the date that is 30
    days after the date on which a determination is made under
    subsection (a) with respect to an investigation, the Commission
    shall submit to the President a report that shall include - 
        "(1) a statement of the basis for the determination;
        "(2) dissenting and separate views; and
        "(3) any finding made under subsection (b) regarding import
      relief.
      "(d) Public Notice. - Upon submitting a report to the President
    under subsection (c), the Commission shall promptly make public
    such report (with the exception of information which the Commission
    determines to be confidential) and shall cause a summary thereof to
    be published in the Federal Register.
      "(e) Applicable Provisions. - For purposes of this subtitle, the
    provisions of paragraphs (1), (2), and (3) of section 330(d) of the
    Tariff Act of 1930 (19 U.S.C. 1330(d)) shall be applied with
    respect to determinations and findings made under this section as
    if such determinations and findings were made under section 202 of
    the Trade Act of 1974 (19 U.S.C. 2252).

      "SEC. 213. PROVISION OF RELIEF.
      "(a) In General. - No later than the date that is 30 days after
    the date on which the President receives the report of the
    Commission containing an affirmative determination of the
    Commission under section 212(a), the President shall provide relief
    from imports of the article that is the subject of such
    determination to the extent that the President determines necessary
    to prevent or remedy the injury found by the Commission and to
    facilitate the efforts of the domestic industry to make a positive
    adjustment to import competition, unless the President determines
    that the provision of such relief is not in the national economic
    interest of the United States or, in extraordinary circumstances,
    that the provision of such relief would cause serious harm to the
    national security of the United States.
      "(b) National Economic Interest. - The President may determine
    under subsection (a) that providing import relief is not in the
    national economic interest of the United States only if the
    President finds that taking such action would have an adverse
    impact on the United States economy clearly greater than the
    benefits of taking such action.
      "(c) Nature of Relief. - The import relief (including provisional
    relief) that the President is authorized to provide under this
    subtitle with respect to imports of an article is - 
        "(1) the suspension of any further reduction provided for under
      the United States Schedule to Annex 2.1 of the Agreement in the
      duty imposed on that article;
        "(2) an increase in the rate of duty imposed on such article to
      a level that does not exceed the lesser of - 
          "(A) the column 1 general rate of duty imposed under the HTS
        on like articles at the time the import relief is provided; or
          "(B) the column 1 general rate of duty imposed under the HTS
        on like articles on the day before the date on which the
        Agreement enters into force; or
        "(3) in the case of a duty applied on a seasonal basis to that
      article, an increase in the rate of duty imposed on the article
      to a level that does not exceed the column 1 general rate of duty
      imposed under the HTS on the article for the corresponding season
      occurring immediately before the date on which the Agreement
      enters into force.
      "(d) Period of Relief. - The import relief that the President is
    authorized to provide under this section may not exceed 4 years.
      "(e) Rate After Termination of Import Relief. - When import
    relief under this subtitle is terminated with respect to an article
    - 
        "(1) the rate of duty on that article after such termination
      and on or before December 31 of the year in which termination
      occurs shall be the rate that, according to the United States
      Schedule to Annex 2.1 of the Agreement for the staged elimination
      of the tariff, would have been in effect 1 year after the
      initiation of the import relief action under section 211; and
        "(2) the tariff treatment for that article after December 31 of
      the year in which termination occurs shall be, at the discretion
      of the President, either - 
          "(A) the rate of duty conforming to the applicable rate set
        out in the United States Schedule to Annex 2.1; or
          "(B) the rate of duty resulting from the elimination of the
        tariff in equal annual stages ending on the date set out in the
        United States Schedule to Annex 2.1 for the elimination of the
        tariff.

      "SEC. 214. TERMINATION OF RELIEF AUTHORITY.
      "(a) General Rule. - Except as provided in subsection (b), no
    import relief may be provided under this subtitle after the date
    that is 15 years after the date on which the Agreement enters into
    force.
      "(b) Exception. - Import relief may be provided under this
    subtitle in the case of a Jordanian article after the date on which
    such relief would, but for this subsection, terminate under
    subsection (a), but only if the Government of Jordan consents to
    such provision.

      "SEC. 215. COMPENSATION AUTHORITY.
      "For purposes of section 123 of the Trade Act of 1974 (19 U.S.C.
    2133), any import relief provided by the President under section
    213 shall be treated as action taken under chapter 1 of title II of
    such Act [19 U.S.C. 2251 et seq.].

      "SEC. 216. SUBMISSION OF PETITIONS.
      "A petition for import relief may be submitted to the Commission
    under - 
        "(1) this subtitle;
        "(2) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C.
      2251 et seq.]; or
        "(3) under both this subtitle and such chapter 1 at the same
      time, in which case the Commission shall consider such petitions
      jointly.

        "SUBTITLE C - CASES UNDER TITLE II OF THE TRADE ACT OF 1974    

      "SEC. 221. FINDINGS AND ACTION ON JORDANIAN IMPORTS.
      "(a) Effect of Imports. - If, in any investigation initiated
    under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C.
    2251 et seq.], the Commission makes an affirmative determination
    (or a determination which the President may treat as an affirmative
    determination under such chapter by reason of section 330(d) of the
    Tariff Act of 1930 [19 U.S.C. 1330(d)]), the Commission shall also
    find (and report to the President at the time such injury
    determination is submitted to the President) whether imports of the
    article from Jordan are a substantial cause of serious injury or
    threat thereof.
      "(b) Presidential Action Regarding Jordanian Imports. - In
    determining the nature and extent of action to be taken under
    chapter 1 of title II of the Trade Act of 1974, the President shall
    determine whether imports from Jordan are a substantial cause of
    the serious injury found by the Commission and, if such
    determination is in the negative, may exclude from such action
    imports from Jordan.

      "SEC. 222. TECHNICAL AMENDMENT.
      [Amended section 2252 of this title.]

                       "TITLE III - TEMPORARY ENTRY                   

      "SEC. 301. NONIMMIGRANT TRADERS AND INVESTORS.
      "Upon the basis of reciprocity secured by the Agreement, an alien
    who is a national of Jordan (and any spouse or child (as defined in
    section 101(b)(1) of the Immigration and Nationality Act (8 U.S.C.
    1101(b)(1)) of the alien, if accompanying or following to join the
    alien) shall be considered as entitled to enter the United States
    under and in pursuance of the provisions of the Agreement as a
    nonimmigrant described in section 101(a)(15)(E) of the Immigration
    and Nationality Act (8 U.S.C. 1101(a)(15)(E)), if the entry is
    solely for a purpose described in clause (i) or (ii) of such
    section and the alien is otherwise admissible to the United States
    as such a nonimmigrant.

                      "TITLE IV - GENERAL PROVISIONS                  

      "SEC. 401. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES AND
        STATE LAW.
      "(a) Relationship of Agreement to United States Law. - 
        "(1) United states law to prevail in conflict. - No provision
      of the Agreement, nor the application of any such provision to
      any person or circumstance, that is inconsistent with any law of
      the United States shall have effect.
        "(2) Construction. - Nothing in this Act shall be construed - 
          "(A) to amend or modify any law of the United States; or
          "(B) to limit any authority conferred under any law of the
        United States,
      unless specifically provided for in this Act.
      "(b) Relationship of Agreement to State Law. - 
        "(1) Legal challenge. - No State law, or the application
      thereof, may be declared invalid as to any person or circumstance
      on the ground that the provision or application is inconsistent
      with the Agreement, except in an action brought by the United
      States for the purpose of declaring such law or application
      invalid.
        "(2) Definition of state law. - For purposes of this
      subsection, the term 'State law' includes - 
          "(A) any law of a political subdivision of a State; and
          "(B) any State law regulating or taxing the business of
        insurance.
      "(c) Effect of Agreement With Respect to Private Remedies. - No
    person other than the United States - 
        "(1) shall have any cause of action or defense under the
      Agreement; or
        "(2) may challenge, in any action brought under any provision
      of law, any action or inaction by any department, agency, or
      other instrumentality of the United States, any State, or any
      political subdivision of a State on the ground that such action
      or inaction is inconsistent with the Agreement.

      "SEC. 402. AUTHORIZATION OF APPROPRIATIONS.
      "There are authorized to be appropriated for each fiscal year
    after fiscal year 2001 to the Department of Commerce not more than
    $100,000 for the payment of the United States share of the expenses
    incurred in dispute settlement proceedings under article 17 of the
    Agreement.

      "SEC. 403. IMPLEMENTING REGULATIONS.
      "After the date of enactment of this Act [Sept. 28, 2001] - 
        "(1) the President may proclaim such actions; and
        "(2) other appropriate officers of the United States may issue
      such regulations,
    as may be necessary to ensure that any provision of this Act, or
    amendment made by this Act, that takes effect on the date the
    Agreement enters into force is appropriately implemented on such
    date, but no such proclamation or regulation may have an effective
    date earlier than the date the Agreement enters into force.

      "SEC. 404. EFFECTIVE DATES; EFFECT OF TERMINATION.
      "(a) Effective Dates. - Except as provided in subsection (b), the
    provisions of this Act and the amendments made by this Act take
    effect on the date the Agreement enters into force [Dec. 17, 2001].
      "(b) Exceptions. - Sections 1 through 3 and this title take
    effect on the date of the enactment of this Act [Sept. 28, 2001].
      "(c) Termination of the Agreement. - On the date on which the
    Agreement ceases to be in force, the provisions of this Act (other
    than this subsection) and the amendments made by this Act, shall
    cease to be effective."
      [The Harmonized Tariff Schedule of the United States is not set
    out in the Code. See Publication of Harmonized Tariff Schedule note
    set out under section 1202 of this title.]

         UNITED STATES-CANADA FREE-TRADE AGREEMENT IMPLEMENTATION     
      Pub. L. 100-449, Sept. 28, 1988, 102 Stat. 1851, as amended by
    Pub. L. 101-207, Sec. 1(b), Dec. 7, 1989, 103 Stat. 1833; Pub. L.
    101-382, title I, Secs. 103(b), 134(b), Aug. 20, 1990, 104 Stat.
    635, 651; Pub. L. 103-182, title I, Sec. 107, title III, Sec.
    308(a), title IV, Sec. 413, Dec. 8, 1993, 107 Stat. 2065, 2104,
    2147; Pub. L. 104-66, title I, Sec. 1021(d), Dec. 21, 1995, 109
    Stat. 712; Pub. L. 105-206, title V, Sec. 5003(b)(3), July 22,
    1998, 112 Stat. 789, provided that:

      "SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
      "(a) Short Title. - This Act [enacting section 1584 of Title 28,
    Judiciary and Judicial Procedure, amending sections 58c, 81c, 1305,
    1306, 1311, 1312, 1313, 1502, 1508, 1514, 1516a, 1562, 1677, 1677f,
    and 2518 of this title, sections 150bb, 150cc, 154, 156, 624, 1582,
    and 2803 of Title 7, Agriculture, section 1184 of Title 8, Aliens
    and Nationality, section 24 of Title 12, Banks and Banking, section
    152 of Title 21, Food and Drugs, sections 1581, 2201, and 2643 of
    Title 28, section 2201 of Title 42, The Public Health and Welfare,
    section 2406 of the Appendix to Title 50, War and National Defense,
    enacting provisions set out as notes below, and amending provisions
    set out as a note under section 2253 of this title] may be cited as
    the 'United States-Canada Free-Trade Agreement Implementation Act
    of 1988'.
      "(b) Table of Contents. - [Omitted.]

      "SEC. 2. PURPOSES.
      "The purposes of this Act are - 
        "(1) to approve and implement the Free-Trade Agreement between
      the United States and Canada negotiated under the authority of
      section 102 of the Trade Act of 1974 [19 U.S.C. 2112];
        "(2) to strengthen and develop economic relations between the
      United States and Canada for their mutual benefit;
        "(3) to establish a free-trade area between the two nations
      through the reduction and elimination of barriers to trade in
      goods and services and to investment; and
        "(4) to lay the foundation for further cooperation to expand
      and enhance the benefits of such Agreement.

     "TITLE I - APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT
            AND RELATIONSHIP OF AGREEMENT TO UNITED STATES LAW

      "SEC. 101. APPROVAL OF UNITED STATES-CANADA FREE-TRADE AGREEMENT.
      "(a) Approval of Agreement and Statement of Administrative
    Action. - Pursuant to sections 102 and 151 of the Trade Act of 1974
    (19 U.S.C. 2112 and 2191), the Congress approves - 
        "(1) the United States-Canada Free-Trade Agreement (hereinafter
      in this Act referred to as the 'Agreement') entered into on
      January 2, 1988, and submitted to the Congress on July 25, 1988;
        "(2) the letters exchanged between the Governments of the
      United States and Canada - 
          "(A) dated January 2, 1988, relating to negotiations
        regarding articles 301 (Rules of Origin) and 401 (Tariff
        Elimination) of the Agreement, and
          "(B) dated January 2, 1988, relating to negotiations
        regarding article 2008 (Plywood Standards) of the Agreement;
        and
        "(3) the statement of administrative action proposed to
      implement the Agreement that was submitted to the Congress on
      July 25, 1988.
      "(b) Conditions for Entry Into Force of the Agreement. - At such
    time as the President determines that Canada has taken measures
    necessary to comply with the obligations of the Agreement, the
    President is authorized to exchange notes with the Government of
    Canada providing for the entry into force, on or after January 1,
    1989, of the Agreement with respect to the United States.
      "(c) Report on Canadian Practices. - Within 60 days after the
    date of the enactment of this Act [Sept. 28, 1988] (but not later
    than December 15, 1988), the United States Trade Representative
    shall submit to the Congress a report identifying, to the maximum
    extent practicable, major current Canadian practices (and the legal
    authority for such practices) that, in the opinion of the United
    States Trade Representative - 
        "(1) are not in conformity with the Agreement; and
        "(2) require a change of Canadian law, regulation, policy, or
      practice to enable Canada to conform with its international
      obligations under the Agreement.

      "SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.
      "(a) United States Laws To Prevail in Conflict. - No provision of
    the Agreement, nor the application of any such provision to any
    person or circumstance, which is in conflict with any law of the
    United States shall have effect.
      "(b) Relationship of Agreement to State and Local Law. - 
        "(1) The provisions of the Agreement prevail over - 
          "(A) any conflicting State law; and
          "(B) any conflicting application of any State law to any
        person or circumstance;
      to the extent of the conflict.
        "(2) Upon the enactment of this Act, the President shall, in
      accordance with section 306(c)(2)(A) of the Trade and Tariff Act
      of 1984 (19 U.S.C. 2114c), initiate consultations with the State
      governments on the implementation of the obligations of the
      United States under the Agreement. Such consultations shall be
      held - 
          "(A) through the intergovernmental policy advisory committees
        on trade established under such section for the purpose of
        achieving conformity of State laws and practices with the
        Agreement; and
          "(B) with the individual States as necessary to deal with
        particular questions that may arise.
        "(3) The United States may bring an action challenging any
      provision of State law, or the application thereof to any person
      or circumstance, on the ground that the provision or application
      is inconsistent with the Agreement.
        "(4) For purposes of this subsection, the term 'State law'
      includes - 
          "(A) any law of a political subdivision of a State; and
          "(B) any State law regulating or taxing the business of
        insurance.
      "(c) Effect of Agreement With Respect to Private Remedies. - No
    person other than the United States shall - 
        "(1) have any cause of action or defense under the Agreement or
      by virtue of congressional approval thereof, or
        "(2) challenge, in any action brought under any provision of
      law, any action or inaction by any department, agency, or other
      instrumentality of the United States, any State, or any political
      subdivision of a State on the ground that such action or inaction
      is inconsistent with the Agreement.
      "(d) Initial Implementing Regulations. - Initial regulations
    necessary or appropriate to carry out the actions proposed in the
    statement of administrative action submitted under section
    101(a)(3) to implement the Agreement shall, to the maximum extent
    feasible, be issued within 1 year after the date of entry into
    force of the Agreement [Jan. 1, 1989]. In the case of any
    implementing action that takes effect after the date of entry into
    force of the Agreement, initial regulations to carry out that
    action shall, to the maximum extent feasible, be issued within 1
    year after such effective date.
      "(e) Changes in Statutes To Implement a Requirement, Amendment,
    or Recommendation. - The provisions of section 3(c) of the Trade
    Agreements Act of 1979 (19 U.S.C. 2504(c)) shall apply as if the
    Agreement were an agreement approved under section 2(a) of that Act
    [19 U.S.C. 2503(a)] whenever the President determines that it is
    necessary or appropriate to amend, repeal, or enact a statute of
    the United States in order to implement any requirement of,
    amendment to, or recommendation, finding or opinion under, the
    Agreement; but such provisions shall not apply to any bill to
    implement any such requirement, amendment, recommendation, finding,
    or opinion that is submitted to the Congress after the close of the
    30th month after the month in which the Agreement enters into force
    [January 1989].

      "SEC. 103. CONSULTATION AND LAY-OVER REQUIREMENTS FOR, AND
        EFFECTIVE DATE OF, PROCLAIMED ACTIONS.
      "(a) Consultation and Lay-Over Requirements. - If a provision of
    this Act provides that the implementation of an action by the
    President by proclamation is subject to the consultation and lay-
    over requirements of this section, such action may be proclaimed
    only if - 
        "(1) the President has obtained advice regarding the proposed
      action from - 
          "(A) the appropriate advisory committees established under
        section 135 of the Trade Act of 1974 [19 U.S.C. 2155], and
          "(B) the United States International Trade Commission;
        "(2) the President has submitted a report to the Committee on
      Ways and Means of the House of Representatives and the Committee
      on Finance of the Senate that sets forth - 
          "(A) the action proposed to be proclaimed and the reasons
        therefor, and
          "(B) the advice obtained under paragraph (1);
        "(3) a period of at least 60 calendar days that begins on the
      first day on which the President has met the requirements of
      paragraphs (1) and (2) with respect to such action has expired;
      and
        "(4) the President has consulted with such Committees regarding
      the proposed action during the period referred to in paragraph
      (3).
      "(b) Effective Date of Certain Proclaimed Actions. - No action
    proclaimed by the President under the authority of this Act, if
    such action is not subject to the consultation and lay-over
    requirements under subsection (a), may take effect before the 15th
    day after the date on which the text of the proclamation is
    published in the Federal Register.

      "SEC. 104. HARMONIZED SYSTEM.
      "(a) Definition. - As used in this Act, the term 'Harmonized
    System' means the nomenclature system established under the
    International Convention on the Harmonized Commodity Description
    and Coding System (done at Brussels on June 14, 1983, and the
    protocol thereto, done at Brussels on June 24, 1986) as implemented
    under United States law.
      "(b) Interim Application of TSUS. - The following apply if the
    International Convention, and the protocol thereto, referred to in
    subsection (a) are not implemented under United States law before
    the Agreement enters into force:
        "(1) The President, subject to subsection (c), shall proclaim
      such modifications to the Tariff Schedules of the United States
      (19 U.S.C. 1202) as may be necessary to give effect, until such
      time as such Convention and protocol are so implemented, to the
      rules of origin, schedule of rate reductions, and other
      provisions that would, but for the absence of such
      implementation, be proclaimed under the authority of this Act to,
      or in terms of, the Harmonized System to implement the
      obligations of the United States under the Agreement.
        "(2) Until such time as such Convention and protocol are so
      implemented, any reference in this Act to the nomenclature of
      such Convention and protocol shall be treated as a reference to
      the corresponding nomenclature of the Tariff Schedules of the
      United States as modified under paragraph (1).
      "(c) Restrictions. - 
        "(1) No modification described in subsection (b)(1) that is to
      take effect concurrently with the entry into force of the
      Agreement may be proclaimed unless the text of the modification
      is published in the Federal Register at least 30 days before the
      date of entry into force [Jan. 1, 1989].
        "(2) All modifications proclaimed under the authority of
      subsection (b)(1) after the Agreement enters into force with
      respect to the United States are subject to the consultation and
      lay-over requirements of section 103(a).

      "SEC. 105. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
        FORCE.
      "Subject to section 103 or 104(c), as appropriate, and any other
    applicable restriction or limitation in this Act on the proclaiming
    of actions or the issuing of regulations to carry out this Act or
    any amendment made by this Act, after the date of the enactment of
    this Act [Sept. 28, 1988] - 
        "(1) the President may proclaim such actions; and
        "(2) other appropriate officers of the United States Government
      may issue such regulations;
    as may be necessary to ensure that any provision of this Act, or
    amendment made by this Act, that takes effect on the date the
    Agreement enters into force [Jan. 1, 1989] is appropriately
    implemented on such date, but no such proclamation or regulation
    may have an effective date earlier than the date of entry into
    force.

       "TITLE II - TARIFF MODIFICATIONS, RULES OF ORIGIN, USER FEES,
            DRAWBACK, ENFORCEMENT, AND OTHER CUSTOMS PROVISIONS

      "SEC. 201. TARIFF MODIFICATIONS.
      "(a) Tariff Modifications Specified in the Agreement. - The
    President may proclaim - 
        "(1) such modifications or continuance of any existing duty;
        "(2) such continuance of existing duty-free or excise
      treatment; or
        "(3) such additional duties;
    as the President determines to be necessary or appropriate to carry
    out article 401 of the Agreement and the schedule of duty
    reductions with respect to Canada set forth in Annexes 401.2 and
    401.7 to the Agreement, as approved under section 101(a)(1). For
    purposes of proclaiming necessary modifications under such Annex
    401.2, any article covered under subheading 9813.00.05 (contained
    in the United States Schedule in such Annex) shall, unless such
    article is a drawback eligible good under section 204(a), be
    treated as being subject to any otherwise applicable customs duty
    if the article, or merchandise incorporating such article, is
    exported to Canada.
      "(b) Other Tariff Modifications. - Subject to the consultation
    and lay-over requirements of section 103(a), the President may
    proclaim - 
        "(1) such modifications as the United States and Canada may
      agree to regarding the staging of any duty treatment set forth in
      Annexes 401.2 and 401.7 of the Agreement;
        "(2) such modifications or continuance of any existing duty;
        "(3) such continuance of existing duty-free or excise
      treatment; or
        "(4) such additional duties;
    as the President determines to be necessary or appropriate to
    maintain the general level of reciprocal and mutually advantageous
    concessions with respect to Canada provided for by the Agreement.
      "(c) Modifications Affecting Plywood. - 
        "(1) The Congress encourages the President to facilitate the
      preparation, and the implementation with Canada, of common
      performance standards for the use of softwood plywood and other
      structural panels in construction applications in the United
      States and Canada.
        "(2) The President shall report to the Congress on the
      incorporation of common plywood performance standards into
      building codes in the United States and Canada and may implement
      the provisions of article 2008 of the Agreement when he
      determines that the necessary conditions have been met.
        "(3) Any tariff reduction undertaken pursuant to paragraph (2)
      shall be in equal annual increments ending January 1, 1998,
      unless those reductions commence after January 1, 1991.

      "SEC. 202. RULES OF ORIGIN.
      "(a) In General. - 
        "(1) For purposes of implementing the tariff treatment
      contemplated under the Agreement, goods originate in the
      territory of a Party if - 
          "(A) they are wholly obtained or produced in the territory of
        either Party or both Parties; or
          "(B) they - 
            "(i) have been transformed in the territory of either Party
          or both Parties so as to be subject to a change in tariff
          classification as described in the Annex rules or to such
          other requirements as the Annex rules may provide when no
          change in tariff classifications occurs, and
            "(ii) meet the other conditions set out in the Annex.
        "(2) A good shall not be considered to originate in the
      territory of a party [Party] under paragraph (1)(B) merely by
      virtue of having undergone - 
          "(A) simple packaging or, except as expressly provided by the
        Annex rules, combining operations;
          "(B) mere dilution with water or another substance that does
        not materially alter the characteristics of the good; or
          "(C) any process or work in respect of which it is
        established, or in respect of which the facts as ascertained
        clearly justify the presumption, that the sole object was to
        circumvent the provisions of chapter 3 of the Agreement.
        "(3) Accessories, spare parts, or tools delivered with any
      piece of equipment, machinery, apparatus, or vehicle that form
      part of its standard equipment shall be treated as having the
      same origin as that equipment, machinery, apparatus, or vehicle
      if the quantities and values of such accessories, spare parts, or
      tools are customary for the equipment, machinery, apparatus, or
      vehicle.
      "(b) Transshipment. - Goods exported from the territory of one
    Party originate in the territory of that Party only if - 
        "(1) the goods meet the applicable requirements of subsection
      (a) and are shipped to the territory of the other Party without
      having entered the commerce of any third country;
        "(2) the goods, if shipped through the territory of a third
      country, do not undergo any operation other than unloading,
      reloading, or any operation necessary to transport them to the
      territory of the other Party or to preserve them in good
      condition; and
        "(3) the documents related to the exportation and shipment of
      the goods from the territory of a Party show the territory of the
      other Party as their final destination.
      "(c) Interpretation. - In interpreting this section, the
    following apply:
        "(1) Whenever the processing or assembly of goods in the
      territory of either Party or both Parties results in one of the
      changes in tariff classification described in the Annex rules,
      such goods shall be considered to have been transformed in the
      territory of that Party and shall be treated as goods originating
      in the territory of that Party if - 
          "(A) such processing or assembly occurs entirely within the
        territory of either Party or both Parties; and
          "(B) such goods have not subsequently undergone any
        processing or assembly outside the territories of the Parties
        that improves the goods in condition or advances them in value.
        "(2) Whenever the assembly of goods in the territory of a Party
      fails to result in a change of tariff classification because
      either - 
          "(A) the goods were imported into the territory of the Party
        in an unassembled or a disassembled form and were classified as
        unassembled or disassembled goods pursuant to General Rule of
        Interpretation 2(a) of the Harmonized System; or
          "(B) the tariff subheading for the goods provides for both
        the goods themselves and their parts;
      such goods shall not be treated as goods originating in the
      territory of a Party.
        "(3) Notwithstanding paragraph (2), goods described in that
      paragraph shall be considered to have been transformed in the
      territory of a Party and be treated as goods originating in the
      territory of the Party if - 
          "(A) the value of materials originating in the territory of
        either Party or both Parties used or consumed in the production
        of the goods plus the direct cost of assembling the goods in
        the territory of either Party or both Parties constitute not
        less than 50 percent of the value of the goods when exported to
        the territory of the other Party; and
          "(B) the goods have not subsequent to assembly undergone
        processing or further assembly in a third country and they meet
        the requirements of subsection (b).
        "(4) The provisions of paragraph (3) shall not apply to goods
      of chapters 61-63 of the Harmonized System.
        "(5) In making the determination required by paragraph (3)(A)
      and in making the same or a similar determination when required
      by the Annex rules, where materials originating in the territory
      of either Party or both Parties and materials obtained or
      produced in a third country are used or consumed together in the
      production of goods in the territory of a Party, the value of
      materials originating in the territory of either Party or both
      Parties may be treated as such only to the extent that it is
      directly attributable to the goods under consideration.
        "(6) In applying the Annex rules, a specific rule shall take
      precedence over a more general rule.
      "(d) Annex Rules. - 
        "(1) The President is authorized to proclaim, as a part of the
      Harmonized System, the rules set forth under the heading 'Rules'
      in Annex 301.2 of the Agreement. For purposes of carrying out
      this paragraph - 
          "(A) the phrase 'headings 2207-2209' in paragraph 7 of
        section IV of such Annex 301.2 shall be treated as a reference
        to headings 2203-2209; and
          "(B) the phrase 'any other heading' in paragraph 11 of
        section XV in such Annex 301.2 shall be treated as a reference
        to any other heading of chapter 74 of the Harmonized System.
        "(2) Subject to the consultation and lay-over requirements of
      section 103, the President is authorized to proclaim such
      modifications to the rules as may from time-to-time be agreed to
      by the United States and Canada.
      "(e) Automotive Products. - 
        "(1) The President is authorized to proclaim such modifications
      to the definition of Canadian articles (relating to the
      administration of the Automotive Products Trade Act of 1965 [19
      U.S.C. 2001 et seq.]) in the general notes of the Harmonized
      System as may be necessary to conform that definition with
      chapter 3 of the Agreement.
        "(2) For purposes of administering the value requirement (as
      defined in section 304(c)(3)) with respect to vehicles, the
      Secretary of the Treasury shall prescribe regulations governing
      the averaging of the value content of vehicles of the same class,
      or of sister vehicles, assembled in the same plant as an
      alternative to the calculation of the value content of each
      vehicle.
      "(f) Definitions. - For purposes of this section:
        "(1) The term 'Annex' means - 
          "(A) the interpretative guidelines set forth in subsection
        (c); and
          "(B) the Annex rules.
        "(2) The term 'Annex rules' means the rules proclaimed under
      subsection (d).
        "(3) The term 'direct cost of processing or direct cost of
      assembling' means the costs directly incurred in, or that can
      reasonably be allocated to, the production of goods, including - 
          "(A) the cost of all labor, including benefits and on-the-job
        training, labor provided in connection with supervision,
        quality control, shipping, receiving, storage, packaging,
        management at the location of the process or assembly, and
        other like labor, whether provided by employees or independent
        contractors;
          "(B) the cost of inspecting and testing the goods;
          "(C) the cost of energy, fuel, dies, molds, tooling, and the
        depreciation and maintenance of machinery and equipment,
        without regard to whether they originate within the territory
        of a Party;
          "(D) development, design, and engineering costs;
          "(E) rent, mortgage interest, depreciation on buildings,
        property insurance premiums, maintenance, taxes and the cost of
        utilities for real property used in the production of goods;
        and
          "(F) royalty, licensing, or other like payments for the right
        to the goods;
      but not including - 
            "(i) costs relating to the general expense of doing
          business, such as the cost of providing executive, financial,
          sales, advertising, marketing, accounting and legal services,
          and insurance;
            "(ii) brokerage charges relating to the importation and
          exportation of goods;
            "(iii) the costs for telephone, mail, and other means of
          communication;
            "(iv) packing costs for exporting the goods;
            "(v) royalty payments related to a licensing agreement to
          distribute or sell the goods;
            "(vi) rent, mortgage interest, depreciation on buildings,
          property insurance premiums, maintenance, taxes, and the cost
          of utilities for real property used by personnel charged with
          administrative functions; or
            "(vii) profit on the goods.
        "(4) The term 'goods wholly obtained or produced in the
      territory of either Party or both Parties' means - 
          "(A) mineral goods extracted in the territory of either Party
        or both Parties;
          "(B) goods harvested in the territory of either Party or both
        Parties;
          "(C) live animals born and raised in the territory of either
        Party or both Parties;
          "(D) goods (fish, shellfish, and other marine life) taken
        from the sea by vessels registered or recorded with a Party and
        flying its flag;
          "(E) goods produced on board factory ships from the goods
        referred to in subparagraph (D) provided such factory ships are
        registered or recorded with that Party and fly its flag;
          "(F) goods taken by a Party or a person of a Party from the
        seabed or beneath the seabed outside territorial waters,
        provided that Party has rights to exploit such seabed;
          "(G) goods taken from space, provided they are obtained by a
        Party or a person of a Party and not processed in a third
        country;
          "(H) waste and scrap derived from manufacturing operations
        and used goods, provided they were collected in the territory
        of either Party or both Parties and are fit only for the
        recovery of raw materials; and
          "(I) goods produced in the territory of either Party or both
        Parties exclusively from goods referred to in subparagraphs (A)
        to (H) inclusive or from their derivatives, at any stage of
        production.
        "(5) The term 'materials' means goods, other than those
      included as part of the direct cost of processing or assembling,
      used or consumed in the production of other goods.
        "(6) The term 'Party' means Canada or the United States.
        "(7) The term 'territory' means - 
          "(A) with respect to Canada, the territory to which its
        customs laws apply, including any areas beyond the territorial
        seas of Canada within which, in accordance with international
        law and its domestic laws, Canada may exercise rights with
        respect to the seabed and subsoil and their natural resources;
        and
          "(B) with respect to the United States - 
            "(i) the customs territory of the United States, which
          includes the fifty States, the District of Columbia and the
          Commonwealth of Puerto Rico,
            "(ii) the foreign trade zones located in the United States,
          and the Commonwealth of Puerto Rico, and
            "(iii) any area beyond the territorial seas of the United
          States within which, in accordance with international law and
          its domestic laws, the United States may exercise rights with
          respect to the seabed and subsoil and their natural
          resources.
        "(8) The term 'third country' means any country other than
      Canada or the United States or any territory not a part of the
      territory of either.
        "(9) The term 'value of materials originating in the territory
      of either Party or both Parties' means the aggregate of - 
          "(A) the price paid by the producer of an exported good for
        materials originating in the territory of either Party or both
        Parties or for materials imported from a third country used or
        consumed in the production of such originating materials; and
          "(B) when not included in that price, the following costs
        related thereto - 
            "(i) freight, insurance, packing, and all other costs
          incurred in transporting any of the materials referred to in
          subparagraph (A) to the location of the producer;
            "(ii) duties, taxes, and brokerage fees on such materials
          paid in the territory of either Party or both Parties;
            "(iii) the cost of waste or spoilage resulting from the use
          or consumption of such materials, less the value of renewable
          scrap or byproduct; and
            "(iv) the value of goods and services relating to such
          materials determined in accordance with subparagraph 1(b) of
          article 8 of the Agreement on Implementation of article VII
          of the General Agreement on Tariffs and Trade.
        "(10) The term 'value of the goods when exported to the
      territory of the other Party' means the aggregate of - 
          "(A) the price paid by the producer for all materials,
        whether or not the materials originate in either Party or both
        Parties, and, when not included in the price paid for the
        materials, the costs related to - 
            "(i) freight, insurance, packing, and all other costs
          incurred in transporting all materials to the location of the
          producer;
            "(ii) duties, taxes, and brokerage fees on all materials
          paid in the territory of either Party or both Parties;
            "(iii) the cost of waste or spoilage resulting from the use
          or consumption of such materials, less the value of renewable
          scrap or byproduct; and
            "(iv) the value of goods and services relating to all
          materials determined in accordance with subparagraph 1(b) of
          article 8 of the Agreement on Implementation of article VII
          of the General Agreement on Tariffs and Trade; and
          "(B) the direct cost of processing or the direct cost of
        assembling the goods.
      "(g) Special Provision Regarding Application of Rules of Origin
    to Certain Apparel. - The Secretary of Commerce is authorized to
    issue regulations governing the exportation to Canada of apparel
    products that are cut, or knit to shape, and sewn, or otherwise
    assembled, in either Party from fabric produced or obtained in a
    third country for the purpose of establishing which exports of such
    products shall be permitted to claim preferential tariff treatment
    under the rules of origin of the Agreement, to the extent that the
    Agreement provides for quantitative limits on the availability of
    preferential tariff treatment for such products.

      "SEC. 203. CUSTOMS USER FEES.
      [Amended section 58c of this title.]

      "SEC. 204. DRAWBACK.
      "(a) Definition. - For purposes of this section, the term
    'drawback eligible goods' means - 
        "(1) goods provided for under paragraph 8 of article 404 of the
      Agreement;
        "(2) goods provided for under paragraphs 4 and 5 of such
      article; and
        "(3) goods other than those referred to in paragraphs (1) and
      (2) that the United States and Canada agree are not subject to
      paragraphs 1, 2, and 3 of such article.
    No drawback may be paid with respect to countervailing duties or
    antidumping duties imposed on drawback eligible goods.
      "(b) Implementation of Article 404. - The President is authorized
    - 
        "(1) to proclaim the identity, in accordance with the
      nomenclature of the Harmonized System, of goods referred to in
      subsection (a)(1); and
        "(2) subject to the consultation and lay-over requirements of
      section 103(a), to proclaim - 
          "(A) the identity, in accordance with the nomenclature of the
        Harmonized System, of goods referred to in subsection (a)(3);
        and
          "(B) a delay in the taking effect of article 404 of the
        Agreement to a date later than January 1, 1994, with respect to
        any merchandise if the United States and Canada agree to the
        delay under paragraph 7 of such article.
      "(c) Consequential Amendments. - 
        "(1) Bonded manufacturing warehouses. - [Amended section 1311
      of this title.]
        "(2) Bonded smelting and refining warehouses. - [Amended
      section 1312 of this title.]
        "(3) Drawback. - [Amended section 1313 of this title.]
        "(4) Manipulation in warehouse. - [Amended section 1562 of this
      title.]
        "(5) Foreign trade zones. - [Amended section 81c of this
      title.]

      "SEC. 205. ENFORCEMENT.
      "(a) Certifications of Origin. - 
        "(1) Any person that certifies in writing that goods exported
      to Canada meet the rules of origin under section 202 of the
      United States-Canada Free-Trade Agreement Implementation Act of
      1988 [section 202 of this note] shall provide, upon request by
      any customs official, a copy of that certification.
        "(2) Any person that fails to provide a copy of a certification
      requested under paragraph (1) shall be liable to the United
      States for a civil penalty not to exceed $10,000.
        "(3) Any person that certifies falsely that goods exported to
      Canada meet the rules of origin under such section 202 shall be
      liable to the United States for the same civil penalties provided
      under section 592 of the Tariff Act of 1930 (19 U.S.C. 1592) for
      a violation of section 592(a) of such Act by fraud, gross
      negligence, or negligence, as the case may be. The procedures and
      provisions of section 592 of such Act that are applicable to a
      violation under section 592(a) of such Act shall apply with
      respect to such false certification.
      "(b) Housekeeping Requirements. - [Amended section 1508 of this
    title.]

      "SEC. 206. EXEMPTION FROM LOTTERY TICKET EMBARGO
      [Amended section 1305 of this title.]

      "SEC. 207. PRODUCTION-BASED DUTY REMISSION PROGRAMS WITH RESPECT
        TO AUTOMOTIVE PRODUCTS.
      "(a) USTR Study. - The United States Trade Representative shall -
    
        "(1) undertake a study to determine whether any of the
      production-based duty remission programs of Canada with respect
      to automotive products is either - 
          "(A) inconsistent with the provisions of, or otherwise denies
        the benefits to the United States under, the General Agreement
        on Tariffs and Trade, or
          "(B) being implemented inconsistently with the obligations
        under article 1002 of the Agreement not - 
            "(i) to expand the extent or the application, or
            "(ii) to extend the duration,
      of such programs; and
        "(2) determine whether to initiate an investigation under
      section 302 of the Trade Act of 1974 [19 U.S.C. 2412] with
      respect to any of such production-based duty remission programs.
      "(b) Report and Monitoring. - 
        "(1) The United States Trade Representative shall submit a
      report to Congress no later than June 30, 1989 (or no later than
      September 30, 1989, if the Trade Representative considers an
      extension to be necessary) containing - 
          "(A) the results of the study under subsection (a)(1), as
        well as a description of the basis used for measuring and
        verifying compliance with the obligations referred to in
        subsection (a)(1)(B); and
          "(B) any determination made under subsection (a)(2) and the
        reasons therefor.
        "(2) Notwithstanding the submission of the report under
      paragraph (1), the Trade Representative shall continue to monitor
      the degree of compliance with the obligations referred to in
      subsection (a)(1)(B).

       "TITLE III - APPLICATION OF AGREEMENT TO SECTORS AND SERVICES   

      "SEC. 301. AGRICULTURE.
      "(a) Special Tariff Provisions for Fresh Fruits and Vegetables. -
    
        "(1) The Secretary of Agriculture (hereafter in this section
      referred to as the 'Secretary') may recommend to the President
      the imposition of a temporary duty on any Canadian fresh fruit or
      vegetable entered into the United States if the Secretary
      determines that both of the following conditions exist at the
      time that imposition of the duty is recommended:
          "(A) For each of 5 consecutive working days the import price
        of the Canadian fresh fruit or vegetable is below 90 percent of
        the corresponding 5-year average monthly import price for such
        fruit or vegetable.
          "(B) The planted acreage in the United States for the like
        fresh fruit or vegetable is no higher than the average planted
        acreage over the preceding 5 years, excluding the years with
        the highest and lowest acreage. For the purposes of applying
        this subparagraph, any acreage increase attributed directly to
        a reduction in the acreage that was planted to wine grapes as
        of October 4, 1987, shall be excluded.
      Whenever the Secretary makes a determination that the conditions
      referred to in subparagraphs (A) and (B) regarding any Canadian
      fresh fruit or vegetable exist, the Secretary shall immediately
      submit for publication in the Federal Register notice of the
      determination.
        "(2) No later than 6 days after publication in the Federal
      Register of the notice described in paragraph (1), the Secretary
      shall decide whether to recommend the imposition of a temporary
      duty to the President, and if the Secretary decides to make such
      a recommendation, the recommendation shall be forwarded
      immediately to the President.
        "(3) In determining whether to recommend the imposition of a
      temporary duty to the President under paragraph (1), the
      Secretary shall consider whether the conditions in subparagraphs
      (A) and (B) of such paragraph have led to a distortion in trade
      between the United States and Canada of the fresh fruit or
      vegetable and, if so, whether the imposition of the duty is
      appropriate, including consideration of whether it would
      significantly correct this distortion.
        "(4) Not later than 7 days after receipt of a recommendation of
      the Secretary under paragraph (1), the President, after taking
      into account the national economic interests of the United
      States, shall determine whether to impose a temporary duty on the
      Canadian fresh fruit or vegetable concerned. If the determination
      is affirmative, the President shall proclaim the imposition and
      the rate of the temporary duty, but such duty shall not apply to
      the entry of articles that were in transit to the United States
      on the first day on which the temporary duty is in effect.
        "(5) A temporary duty imposed under paragraph (4) shall cease
      to apply with respect to articles that are entered on or after
      the earlier of - 
          "(A) the day following the last of 5 consecutive working days
        with respect to which the Secretary determines that the point
        of shipment price in Canada for the Canadian fruit or vegetable
        concerned exceeds 90 percent of the corresponding 5-year
        average monthly import price; or
          "(B) the 180th day after the date on which the temporary duty
        first took effect.
        "(6) No temporary duty may be imposed under this subsection on
      a Canadian fresh fruit or vegetable during such time as import
      relief is provided with respect to such fresh fruit or vegetable
      under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C.
      2251 et seq.].
        "(7) For purposes of this subsection:
          "(A) The term 'Canadian fresh fruit or vegetable' means any
        article originating in Canada (as determined in accordance with
        section 202) and classified within any of the following
        headings of the Harmonized System:
            "(i) 07.01 (relating to potatoes, fresh or chilled);
            "(ii) 07.02 (relating to tomatoes, fresh or chilled);
            "(iii) 07.03 (relating to onions, shallots, garlic, leeks
          and other alliaceous vegetables, fresh or chilled);
            "(iv) 07.04 (relating to cabbages, cauliflowers, kohlrabi,
          kale and similar edible brassicas, fresh or chilled);
            "(v) 07.05 (relating to lettuce (lactuca sativa) and
          chicory (cichorium spp.), fresh or chilled);
            "(vi) 07.06 (relating to carrots, salad beets or beetroot,
          salsify, celeriac, radishes and similar edible roots
          (excluding turnips), fresh or chilled);
            "(vii) 07.07 (relating to cucumbers and gherkins, fresh or
          chilled);
            "(viii) 07.08 (relating to leguminous vegetables, shelled
          or unshelled, fresh or chilled);
            "(ix) 07.09 (relating to other vegetables (excluding
          truffles), fresh or chilled);
            "(x) 08.06.10 (relating to grapes, fresh);
            "(xi) 08.08.20 (relating to pears and quinces, fresh);
            "(xii) 08.09 (relating to apricots, cherries, peaches
          (including nectarines), plums and sloes, fresh); and
            "(xiii) 08.10 (relating to other fruit (excluding
          cranberries and blueberries), fresh).
          "(B) The term 'corresponding 5-year average monthly import
        price' for a particular day means the average import price of a
        Canadian fresh fruit or vegetable, for the calendar month in
        which that day occurs, for that month in each of the preceding
        5 years, excluding the years with the highest and lowest
        monthly averages.
          "(C) The term 'import price' has the meaning given such term
        in article 711 of the Agreement.
          "(D) The rate of a temporary duty imposed under this
        subsection with respect to a Canadian fresh fruit or vegetable
        means a rate that, including the rate of any other duty in
        effect for such fruit or vegetable, does not exceed the lesser
        of - 
            "(i) the duty that was in effect for the fresh fruit or
          vegetable before January 1, 1989, under column one of the
          Tariff Schedules of the United States for the applicable
          season in which the temporary duty is applied; or
            "(ii) the duty in effect for the fresh fruit or vegetable
          under column one of such Schedules, or column 1 (General) of
          the Harmonized System, at the time the temporary duty is
          applied.
        "(8)(A) The Secretary shall, to the extent practicable,
      administer the provisions of this subsection to the 8-digit level
      of classification under the Harmonized System.
        "(B) The Secretary may issue such regulations as may be
      necessary to implement the provisions of this subsection.
        "(9) For purposes of assisting the Secretary in carrying out
      this subsection - 
          "(A) the Commissioner of Customs and the Director of the
        Bureau of Census shall cooperate in providing the Secretary
        with timely information and data relating to the importation of
        Canadian fresh fruits and vegetables, and
          "(B) importers shall report such information relating to
        Canadian fresh fruits and vegetables to the Commissioner of
        Customs at such time and in such manner as the Commissioner
        requires.
        "(10) The authority to impose temporary duties under this
      subsection expires on the 20th anniversary of the date on which
      the Agreement enters into force.
      "(b) Meat Import Act of 1979. - [Amended section 2 of Pub. L. 88-
    482, set out as a note under section 2253 of this title.]
      "(c) Agricultural Adjustment Act. - [Amended section 624 of Title
    7, Agriculture.]
      "(d) Importation of Animal Vaccines. - [Amended section 152 of
    Title 21, Food and Drugs.]
      "(e) Importation of Seeds. - [Amended section 1582 of Title 7,
    Agriculture.]
      "(f) Plant and Animal Health Regulations. - 
        "(1) [Amended section 150bb of Title 7.]
        "(2) [Amended section 150cc of Title 7.]
        "(3) [Amended sections 154 and 156 of Title 7.]
        "(4) [Amended section 2803 of Title 7.]
        "(5) [Amended section 1306 of this title.]

      "SEC. 302. RELIEF FROM IMPORTS.
      "(a) Relief From Imports of Canadian Articles. - 
        "(1) A petition requesting action under this section for the
      purpose of adjusting to the obligations of the United States
      under the Agreement may be filed with the United States
      International Trade Commission (hereafter in this section
      referred to as the 'Commission') by an entity, including a trade
      association, firm, certified or recognized union, or group of
      workers, which is representative of an industry. The Commission
      shall transmit a copy of any petition filed under this paragraph
      to the United States Trade Representative.
        "(2)(A) Upon the filing of a petition under paragraph (1), the
      Commission shall promptly initiate an investigation to determine
      whether, as a result of a reduction or elimination of a duty
      provided for under the United States-Canada Free-Trade Agreement,
      an article originating in Canada is being imported into the
      United States in such increased quantities, in absolute terms,
      and under such conditions, so that imports of such Canadian
      article, alone, constitute a substantial cause of serious injury
      to the domestic industry producing an article like, or directly
      competitive with, the imported article.
        "(B) The provisions of - 
          "(i) paragraphs (2), (3), (4), (6), and (7) of subsection
        (b), other than paragraph (2)(B), and
          "(ii) subsection (c),
      of section 201 of the Trade Act of 1974 (19 U.S.C. 2251), as in
      effect on June 1, 1988, shall apply with respect to any
      investigation initiated under subparagraph (A).
        "(C) By no later than the date that is 120 days after the date
      on which an investigation is initiated under subparagraph (A),
      the Commission shall make a determination under subparagraph (A)
      with respect to such investigation.
        "(D) If the determination made by the Commission under
      subparagraph (A) with respect to imports of an article is
      affirmative, the Commission shall find and recommend to the
      President the amount of import relief that is necessary to remedy
      the injury found by the Commission in such affirmative
      determination, which shall be limited to that set forth in
      paragraph (3)(C).
        "(E)(i) By no later than the date that is 30 days after the
      date on which a determination is made under subparagraph (A) with
      respect to an investigation, the Commission shall submit to the
      President a report on the determination and the basis for the
      determination. The report shall include any dissenting or
      separate views and a transcript of the hearings and any briefs
      which were submitted to the Commission in the course of the
      investigation initiated under subparagraph (A).
        "(ii) Any finding made under subparagraph (D) shall be included
      in the report submitted to the President under clause (i).
        "(F) Upon submitting a report to the President under
      subparagraph (E), the Commission shall promptly make public such
      report (with the exception of information which the Commission
      determines to be confidential) and shall cause a summary thereof
      to be published in the Federal Register.
        "(G) For purposes of this subsection - 
          "(i) The provisions of paragraphs (1), (2), and (3) of
        section 330(d) of the Tariff Act of 1930 (19 U.S.C. 1330(d))
        shall be applied with respect to determinations and findings
        made under this paragraph as if such determinations and
        findings were made under section 201 of the Trade Act of 1974
        (19 U.S.C. 2251).
          "(ii) The determination of whether an article originates in
        Canada shall be made in accordance with section 202 (including
        any proclamations issued under section 202).
        "(3)(A) By no later than the date that is 30 days after the
      date on which the President receives the report of the Commission
      containing an affirmative determination made by the Commission
      under paragraph (2)(A), the President shall provide relief from
      imports of the article originating in Canada that is the subject
      of such determination to the extent that, and for such time (not
      to exceed 3 years) as the President determines to be necessary to
      remedy the injury found by the Commission.
        "(B) The President is not required to provide import relief by
      reason of this paragraph if the President determines that the
      provision of such import relief is not in the national economic
      interest.
        "(C) The import relief that the President is authorized to
      provide by reason of this paragraph with respect to an article
      originating in Canada is limited to - 
          "(i) the suspension of any further reductions provided for
        under the Agreement in the duty imposed on such article
        originating in Canada,
          "(ii) an increase in the rate of duty imposed on such article
        originating in Canada to a level that does not exceed the
        lesser of - 
            "(I) the general subcolumn of the column 1 rate of duty set
          forth in the Harmonized Tariff Schedule of the United States
          that is imposed by the United States on such article from any
          other foreign country at the time such import relief is
          provided, or
            "(II) the general subcolumn of the column 1 rate of duty
          set forth in the Harmonized Tariff Schedule of the United
          States that is imposed by the United States on such article
          from any other foreign country on the day before the date on
          which the Agreement enters into force [Jan. 1, 1989], or
          "(iii) in the case of a duty applied on a seasonal basis to
        such article originating in Canada, an increase in the rate of
        duty imposed on such article originating in Canada to a level
        that does not exceed the general subcolumn of the column 1 rate
        of duty set forth in the Harmonized Tariff Schedule of the
        United States imposed by the United States on such article
        originating in Canada for the corresponding season immediately
        prior to the date on which the Agreement enters into force.
        "(4)(A) No investigation may be initiated under paragraph
      (2)(A) with respect to any article for which import relief has
      been provided under this subsection.
        "(B) No import relief may be provided under this subsection
      after the date that is 10 years after the date on which the
      Agreement enters into force [Jan. 1, 1989].
        "(5) For purposes of section 123 of the Trade Act of 1974 (19
      U.S.C. 2133), any import relief provided by the President under
      paragraph (3) shall be treated as action taken under chapter I
      [1] of title II of such Act [19 U.S.C. 2251 et seq.].
      "(b) Relief From Imports From All Countries. - 
        "(1)(A) If, in any investigation initiated under chapter 1 of
      title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the
      Commission makes an affirmative determination (or a determination
      which is treated as an affirmative determination under such
      chapter by reason of section 330(d) of the Tariff Act of 1930 [19
      U.S.C. 1330(d)]) that an article is being imported into the
      United States in such increased quantities as to be a substantial
      cause of serious injury, or the threat thereof, to the domestic
      industry, the Commission shall also find (and report to the
      President at the time such injury determination is submitted to
      the President), whether imports from Canada of the article that
      is the subject of such investigation are substantial and are
      contributing importantly to such injury or threat thereof.
        "(B)(i) In determining under subparagraph (A) whether imports
      of an article from Canada are substantial, the Commission shall
      not normally consider imports from Canada in the range of 5 to 10
      percent or less of total imports of such article to be
      substantial.
        "(ii) For purposes of this paragraph, the term 'contributing
      importantly' means an important cause, but not necessarily the
      most important cause, of the serious injury or threat thereof
      caused by imports.
        "(2)(A) In determining whether to take action under chapter 1
      of title II of the Trade Act of 1974 with respect to imports from
      Canada, the President shall determine whether imports from Canada
      of such article are substantial and contributing importantly to
      the serious injury or threat of serious injury found by the
      Commission.
        "(B) In determining the nature and extent of action to be taken
      under chapter 1 of title II of the Trade Act of 1974, the
      President shall exclude from such action imports from Canada if
      the President has made a negative determination under
      subparagraph (A) regarding imports from Canada.
        "(3)(A) If, under paragraph (2)(B), the President excludes
      imports from Canada from action taken under chapter 1 of title II
      of the Trade Act of 1974, the President may, if the President
      thereafter determines that a surge in imports from Canada of the
      article that is the subject of the action is undermining the
      effectiveness of the action, take appropriate action under such
      chapter with respect to such imports from Canada to include such
      imports in such action.
        "(B)(i) If, under paragraph (2)(B), the President excludes
      imports from Canada from action taken under chapter 1 of title II
      of the Trade Act of 1974, any entity, including a trade
      association, firm, certified or recognized union, or group of
      workers, that is representative of an industry for which such
      action is being taken under such chapter may request the
      Commission to conduct an investigation of imports from Canada of
      the article that is the subject of such action.
        "(ii) Upon receiving a request under clause (i), the Commission
      shall conduct an investigation to determine whether a surge in
      imports from Canada of the article that is the subject of action
      being taken under chapter 1 of title II of the Trade Act of 1974
      undermines the effectiveness of such action. The Commission shall
      submit the findings of such investigation to the President by no
      later than the date that is 30 days after the date on which such
      request is received by the Commission.
        "(C) For purposes of this paragraph, the term 'surge' means a
      significant increase in imports over the trend for a reasonable,
      recent base period for which data are available.
      "(c) Any entity that is representative of an industry may submit
    a petition for relief under subsection (a), under chapter 1 of
    title II of the Trade Act of 1974, or under both subsection (a) and
    such chapter at the same time. If petitions are submitted by such
    an entity under subsection (a) and such chapter at the same time,
    the Commission shall consider such petitions jointly.

      "SEC. 303. ACTS IDENTIFIED IN NATIONAL TRADE ESTIMATES.
      "With respect to any act, policy, or practice of Canada that is
    identified in the annual report submitted under section 181 of the
    Trade Act of 1974 (19 U.S.C. 2241), the United States Trade
    Representative shall include - 
        "(1) information with respect to the action taken regarding
      such act, policy, or practice, including but not limited to - 
          "(A) any action under section 301 of the Trade Act of 1974
        [19 U.S.C. 2411] (including resolution through appropriate
        dispute settlement procedures),
          "(B) any action under section 307 of the Trade and Tariff Act
        of 1984 [section 307 of Pub. L. 98-573, enacting section 2114d
        of this title and amending this section], and
          "(C) negotiations or consultations, whether on a bilateral or
        multilateral basis; or
        "(2) the reasons that no action was taken regarding such act,
      policy, or practice.

      "SEC. 304. NEGOTIATIONS REGARDING CERTAIN SECTORS; BIENNIAL
        REPORTS.
      "(a) In General. - 
        "(1) The President is authorized to enter into negotiations
      with the Government of Canada for the purpose of concluding an
      agreement (including an agreement amending the Agreement) or
      agreements to - 
          "(A) liberalize trade in services in accordance with article
        1405 of the Agreement;
          "(B) liberalize investment rules;
          "(C) improve the protection of intellectual property rights;
          "(D) increase the value requirement applied for purposes of
        determining whether an automotive product is treated as
        originating in Canada or the United States; and
          "(E) liberalize government procurement practices,
        particularly with regard to telecommunications.
        "(2) As an exercise of the foreign relations powers of the
      President under the Constitution, the President will enter into
      immediate consultations with the Government of Canada to obtain
      the exclusion from the transport rates established under Canada's
      Western Grain Transportation Act of agricultural goods that
      originate in Canada and are shipped via east coast ports for
      consumption in the United States.
      "(b) Negotiating Objectives Regarding Services, Investment, and
    Intellectual Property Rights. - 
        "(1) The objectives of the United States in negotiations
      conducted under subsection (a)(1)(A) to liberalize trade in
      services include - 
          "(A) with respect to developing services sectors not covered
        in the Agreement, the elimination of those tariff, nontariff,
        and subsidy trade distortions that have potential to affect
        significant bilateral trade;
          "(B) the elimination or reduction of measures grandfathered
        by the Agreement that deny or restrict national treatment in
        the provision of services;
          "(C) the elimination of local presence requirements; and
          "(D) the liberalization of government procurement of
        services.
      In conducting such negotiations, the President shall consult with
      the services advisory committees established under section 135 of
      the Trade Act of 1974 (19 U.S.C. 2155).
        "(2) The objectives of the United States in any negotiations
      conducted under subsection (a)(1)(B) to liberalize investment
      rules include - 
          "(A) the elimination of direct investment screening;
          "(B) the extension of the principles of the Agreement to
        energy and cultural industries, to the extent such industries
        are not currently covered by the Agreement;
          "(C) the elimination of technology transfer requirements and
        other performance requirements not currently barred by the
        Agreement; and
          "(D) the subjection of all investment disputes to dispute
        resolution under chapter 18 of the Agreement.
      In conducting such negotiations, the President shall consult with
      persons representing diverse interests in the United States in
      investment.
        "(3) The objectives of the United States in any negotiations
      conducted under subsection (a)(1)(C) to improve the protection of
      intellectual property rights include - 
          "(A) the recognition and adequate protection of intellectual
        property, including copyrights, patents, process patents,
        trademarks, mask works, and trade secrets; and
          "(B) the establishment of dispute resolution procedures and
        binational enforcement of intellectual property standards.
      In conducting such negotiations, the President shall consult with
      persons representing diverse interests in the United States in
      intellectual property.
      "(c) Negotiating Objectives Regarding Automotive Products. - 
        "(1) In conducting negotiations under subsection (a)(1)(D)
      regarding the value requirement for automotive products, the
      President shall seek to conclude an agreement by no later than
      January 1, 1990, to increase the value requirement from 50
      percent to at least 60 percent.
        "(2) The President is authorized, through January 1, 1999, to
      proclaim any agreed increase in the value requirement.
        "(3) As used in this section, the term 'value requirement'
      means the minimum percentage of the value of an automotive
      product that must be accounted for by the value of the materials
      in the product that originated in the United States or Canada, or
      both, plus the direct cost of processing or assembly performed in
      the United States or Canada, or both, with respect to the
      product.
      "(d) Negotiation of Limitation on Potato Trade. - 
        "(1) During the 5-year period beginning on the date of
      enactment of this Act [Sept. 28, 1988], the President is
      authorized to enter into negotiations with Canada for the purpose
      of obtaining an agreement to limit the exportation and
      importation of all potatoes between the United States and Canada,
      including seed potatoes, fresh, chilled or frozen potatoes,
      dried, desiccated or dehydrated potatoes, and potatoes otherwise
      prepared or preserved. Any agreement negotiated under this
      subsection shall provide for an annual limitation divided equally
      into each half of the year.
        "(2) For the purpose of conducting negotiations under paragraph
      (1), the Secretary of Agriculture and the United States Trade
      Representative shall consult with representatives of the potato
      producing industry, including the Ad Hoc Potato Advisory Group
      and the United States/Canada Horticultural Industry Advisory
      Committee, to solicit their views on negotiations with Canada for
      reciprocal quantitative limits on the potato trade.
        "(3) The President is authorized to direct the Secretary of the
      Treasury to - 
          "(A) carry out such actions as may be necessary or
        appropriate to ensure the attainment of the objectives of any
        agreement that is entered into under this section; and
          "(B) enforce any quantitative limitation, restriction, and
        other terms contained in the agreement.
      Such actions may include, but are not limited to, requirements
      that valid export licenses or other documentation issued by a
      foreign government be presented as a condition for the entry into
      the United States of any article that is subject to the
      agreement.
        "(4) The provisions of section 1204 of the Agriculture and Food
      Act of 1981 (7 U.S.C. 1736j) and the last sentence of section 812
      of the Agricultural Act of 1970 (7 U.S.C. 612c-3) shall not apply
      in the case of actions taken pursuant to this subsection.
      "(e) Canadian Controls on Fish. - 
        "(1) Within 30 days of the application by Canada of export
      controls on unprocessed fish under statutes exempted from the
      Agreement under article 1203, or the application of landing
      requirements for fish caught in Canadian waters, the President
      shall take appropriate action to enforce United States rights
      under the General Agreement on Tariffs and Trade that are
      retained in article 1205 of the Agreement.
        "(2) In enforcing the United States rights referred to in
      paragraph (1), the President has discretion to - 
          "(A) bring a challenge to the offending Canadian practices
        before the GATT;
          "(B) retaliate against such offending practices;
          "(C) seek resolution directly with Canada;
          "(D) refer the matter for dispute resolution to the Canada-
        United States Trade Commission; or
          "(E) take other action that the President considers
        appropriate to enforce such United States rights.
      "(f) Biennial Report. - The President shall submit to the
    Congress, at the close of each biennial period occurring after the
    date on which the Agreement enters into force [Jan. 1, 1989], a
    report regarding - 
        "(1) the status of the negotiations regarding agreements that
      the President is authorized to enter into with Canada under this
      section;
        "(2) the effectiveness and operation of any agreement entered
      into under section 304 that is in force with respect to the
      United States;
        "(3) the effectiveness of operation of the Agreement generally;
      and
        "(4) the actions taken by the United States and Canada to
      implement further the objectives of the Agreement.

      "SEC. 305. ENERGY.
      "(a) Alaskan Oil. - [Amended section 2406 of the Appendix to
    Title 50, War and National Defense.]
      "(b) Uranium. - [Amended section 2201 of Title 42, The Public
    Health and Welfare.]

      "SEC. 306. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER
        TRADE AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN CANADIAN
        PRODUCTS.
      [Amended section 2518 of this title.]

      "SEC. 307. TEMPORARY ENTRY FOR BUSINESS PERSONS.
      "(a) Nonimmigrant Traders and Investors. - Upon a basis of
    reciprocity secured by the United States-Canada Free-Trade
    Agreement, a citizen of Canada, and the spouse and children of any
    such citizen if accompanying or following to join such citizen,
    may, if otherwise eligible for a visa and if otherwise admissible
    into the United States under the Immigration and Nationality Act (8
    U.S.C. 1101 et seq.), be considered to be classifiable as a
    nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C.
    1101(a)(15)(E)) if entering solely for a purpose specified in Annex
    1502.1 (United States of America), Part B - Traders and Investors,
    of such Agreement, but only if any such purpose shall have been
    specified in such Annex as of the date of entry into force of such
    Agreement [Jan. 1, 1989].
      "(b) Nonimmigrant Professionals. - [Amended section 1184 of Title
    8, Aliens and Nationality.]

      "SEC. 308. AMENDMENT TO SECTION 5136 OF THE REVISED STATUTES.
      [Amended section 24 of Title 12, Banks and Banking.]

      "SEC. 309. STEEL PRODUCTS.
      "Nothing in this Act shall preclude any discussion or negotiation
    between the United States and Canada in order to conclude voluntary
    restraint agreements or mutually agreed quantitative restrictions
    on the volume of steel products entering the United States from
    Canada.

    "TITLE IV - BINATIONAL PANEL DISPUTE SETTLEMENT IN ANTIDUMPING AND
                        COUNTERVAILING DUTY CASES.

      "SEC. 401. AMENDMENTS TO SECTION 516A OF THE TARIFF ACT OF 1930.
      [Amended section 1516a of this title.]

      "SEC. 402. AMENDMENTS TO TITLE 28, UNITED STATES CODE.
      "(a) Jurisdiction of Court of International Trade. - [Amended
    section 1581 of Title 28, Judiciary and Judicial Procedure.]
      "(b) Relief in Court of International Trade. - [Amended section
    2643 of Title 28.]
      "(c) Declaratory Judgments. - [Amended section 2201 of Title 28.]
      "(d) Actions Under the Agreement. - [Enacted section 1584 of
    Title 28.]

      "SEC. 403. CONFORMING AMENDMENTS TO THE TARIFF ACT OF 1930.
      [Amended sections 1502, 1514, 1677, and 1677f of this title.]

      "SEC. 404. AMENDMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAW.
      "Any amendment enacted after the Agreement enters into force with
    respect to the United States [Jan. 1, 1989] that is made to - 
        "(1) section 303 [19 U.S.C. 1303] or title VII of the Tariff
      Act of 1930 [19 U.S.C. 1671 et seq.], or any successor statute,
      or
        "(2) any other statute which - 
          "(A) provides for judicial review of final determinations
        under such section, title, or statute, or
          "(B) indicates the standard of review to be applied,
    shall apply to Canada only to the extent specified in such
    amendment.

      "SEC. 405. ORGANIZATIONAL AND ADMINISTRATIVE PROVISIONS REGARDING
        THE IMPLEMENTATION OF CHAPTERS 18 AND 19 OF THE AGREEMENT.
      "(a) Appointment of Individuals to Panels and Committees. - 
        "(1)(A) There is established within the interagency
      organization established under section 242 of the Trade Expansion
      Act of 1962 (19 U.S.C. 1872) an interagency group which shall - 
          "(i) be chaired by the United States Trade Representative
        (hereafter in this section referred to as the 'Trade
        Representative'), and
          "(ii) consist of such officers (or the designees thereof) of
        the Government of the United States as the Trade Representative
        considers appropriate.
        "(B) The interagency group established under subparagraph (A)
      shall, in a manner consistent with chapter 19 of the Agreement - 
          "(i) prepare by January 3 of each calendar year - 
            "(I) a list of individuals who are qualified to serve as
          members of binational panels convened under chapter 19 of the
          Agreement, and
            "(II) a list of individuals who are qualified to serve on
          extraordinary challenge committees convened under such
          chapter,
          "(ii) if the Trade Representative makes a request under
        paragraph (5)(A)(i) with respect to a final candidate list
        during any calendar year, prepare by July 1 of such calendar
        year a list of those individuals who are qualified to be added
        to that final candidate list,
          "(iii) exercise oversight of the administration of the United
        States Secretariat that is authorized to be established under
        subsection (e), and
          "(iv) make recommendations to the Trade Representative
        regarding the convening of extraordinary challenge committees
        under chapter 19 of the Agreement.
        "(2)(A) The Trade Representative shall select individuals from
      the respective lists prepared by the interagency group under
      paragraph (1)(B)(i) for placement on a preliminary candidate list
      of individuals eligible to serve as members of binational panels
      under Annex 1901.2 of the Agreement and a preliminary candidate
      list of individuals eligible for selection as members of
      extraordinary challenge committees under Annex 1904.13 of the
      Agreement.
        "(B) The selection of individuals for - 
          "(i) placement on lists prepared by the interagency group
        under clause (i) or (ii) of paragraph (1)(B),
          "(ii) placement on preliminary candidate lists under
        subparagraph (A),
          "(iii) placement on final candidate lists under paragraph
        (3),
          "(iv) placement by the Trade Representative on the rosters
        described in Annex 1901.2(1) and Annex 1904.13(1) of the
        Agreement, and
          "(v) appointment by the Trade Representative for service on
        binational panels and extraordinary challenge committees
        convened under chapter 19 of the Agreement,
      shall be made on the basis of the criteria provided in Annex
      1901.2(1) and Annex 1904.13(1) of the Agreement and shall be made
      without regard to political affiliation.
        "(C) For purposes of applying section 1001 of title 18, United
      States Code, the written or oral responses of individuals to
      inquiries of the interagency group established under paragraph
      (1) or the Trade Representative regarding their personal and
      professional qualifications, and financial and other relevant
      interests, that bear on their suitability for the placements and
      appointments described in subparagraph (B), shall be treated as
      matters within the jurisdiction of an agency of the United
      States.
        "(3)(A) By no later than January 3 of each calendar year, the
      Trade Representative shall submit to the Committee on Finance of
      the Senate and the Committee on Ways and Means of the House of
      Representatives (hereafter in this section referred to as the
      'appropriate Congressional Committees') the preliminary candidate
      lists of those individuals selected by the Trade Representative
      under paragraph (2)(A) to be candidates eligible to serve on
      binational panels or extraordinary challenge committees convened
      pursuant to chapter 19 of the Agreement during the 1-year period
      beginning on April 1 of such calendar year.
        "(B) Upon submission of the preliminary candidate lists under
      subparagraph (A) to the appropriate Congressional Committees, the
      Trade Representative shall consult with the appropriate
      Congressional Committees with regard to the individuals listed on
      the preliminary candidate lists.
        "(C) The Trade Representative may add or delete individuals
      from the preliminary candidate lists submitted under subparagraph
      (A) after consulting the appropriate Congressional Committees
      with regard to such addition or deletion. The Trade
      Representative shall provide to the appropriate Congressional
      Committees written notice of any addition or deletion of an
      individual from the preliminary candidate lists.
        "(4)(A) By no later than March 31 of each calendar year, the
      Trade Representative shall submit to the appropriate
      Congressional Committees the final candidate lists of those
      individuals selected by the Trade Representative to be candidates
      eligible to serve on binational panels and extraordinary
      challenge committees convened pursuant to chapter 19 of the
      Agreement during the 1-year period beginning on April 1 of such
      calendar year. An individual may be included on a final candidate
      list only if written notice of the addition of such individual to
      the preliminary candidate list was submitted to the appropriate
      Congressional Committees at least 15 days before the date on
      which that final candidate list is submitted to the appropriate
      Congressional Committees under this subparagraph.
        "(B) Except as provided in paragraph (5), no additions may be
      made to the final candidate lists after the final candidate lists
      are submitted to the appropriate Congressional Committees under
      subparagraph (A).
        "(5)(A) If, after the Trade Representative has submitted the
      final candidate lists to the appropriate Congressional Committees
      under paragraph (4)(A) for a calendar year and before July 1 of
      such calendar year, the Trade Representative determines that
      additional individuals need to be added to a final candidate
      list, the Trade Representative shall - 
          "(i) request the interagency group established under
        paragraph (1)(A) to prepare a list of individuals who are
        qualified to be added to such candidate list,
          "(ii) select individuals from the list prepared by the
        interagency group under paragraph (1)(B)(ii) to be included in
        a proposed amendment to such final candidate list, and
          "(iii) by no later than July 1 of such calendar year, submit
        to the appropriate Congressional Committees the proposed
        amendments to such final candidate list developed by the Trade
        Representative under clause (ii).
        "(B) Upon submission of a proposed amendment under subparagraph
      (A)(iii) to the appropriate Congressional Committees, the Trade
      Representative shall consult with the appropriate Congressional
      Committees with regard to the individuals included in the
      proposed amendment.
        "(C) The Trade Representative may add or delete individuals
      from any proposed amendment submitted under subparagraph (A)(iii)
      after consulting the appropriate Congressional Committees with
      regard to such addition or deletion. The Trade Representative
      shall provide to the appropriate Congressional Committees written
      notice of any addition or deletion of an individual from the
      proposed amendment.
        "(D)(i) If the Trade Representative submits under subparagraph
      (A)(iii) in any calendar year a proposed amendment to a final
      candidate list, the Trade Representative shall, by no later than
      September 30 of such calendar year, submit to the appropriate
      Congressional Committees the final form of such amendment. On
      October 1 of such calendar year, such amendment shall take effect
      and the individuals included in the final form of such amendment
      shall be added to the final candidate list.
        "(ii) An individual may be included in the final form of an
      amendment submitted under clause (i) only if written notice of
      the addition of such individual to the proposed form of such
      amendment was submitted to the appropriate Congressional
      Committees at least 15 days before the date on which the final
      form of such amendment is submitted under clause (i).
        "(iii) Individuals added to a final candidate list under clause
      (i) shall be eligible to serve on binational panels or
      extraordinary challenge committees convened pursuant to chapter
      19 of the Agreement, as the case may be, during the 6-month
      period beginning on October 1 of the calendar year in which such
      addition occurs.
        "(iv) No additions may be made to the final form of an
      amendment described in clause (i) after the final form of such
      amendment is submitted to the appropriate Congressional
      Committees under clause (i).
        "(6)(A) The Trade Representative is the only officer of the
      Government of the United States authorized to act on behalf of
      the Government of the United States in making any selection or
      appointment of an individual to - 
          "(i) the rosters described in Annex 1901.2(1) and Annex
        1904.13(1) of the Agreement, or
          "(ii) the binational panels or extraordinary challenge
        committees convened pursuant to chapter 19 of the Agreement,
      that is to be made solely or jointly by the Government of the
      United States under the terms of the Agreement.
        "(B) Except as otherwise provided in paragraph (7)(B), the
      Trade Representative may - 
          "(i) select an individual for placement on the rosters
        described in Annex 1901.2(1) and Annex 1904.13(1) of the
        Agreement during the 1-year period beginning on April 1 of any
        calendar year,
          "(ii) appoint an individual to serve as one of those members
        of any binational panel or extraordinary challenge committee
        convened pursuant to chapter 19 of the Agreement during such 1-
        year period who, under the terms of the Agreement, are to be
        appointed solely by the Government of the United States, or
          "(iii) act to make a joint appointment with the Government of
        Canada, under the terms of the Agreement, of any individual who
        is a citizen or national of the United States to serve as any
        other member of such a panel or committee,
      only if such individual is on the appropriate final candidate
      list that was submitted to the appropriate Congressional
      Committees under paragraph (4)(A) during such calendar year or on
      such list as it may be amended under paragraph (5)(D)(i).
        "(7)(A) Except as otherwise provided in this paragraph, no
      individual may - 
          "(i) be selected by the Government of the United States for
        placement on the rosters described in Annex 1901.2(1) and Annex
        1904.13(1) of the Agreement, or
          "(ii) be appointed solely or jointly by the Government of the
        United States to serve as a member of a binational panel or
        extraordinary challenge committee convened pursuant to chapter
        19 of the Agreement,
      during the 1-year period beginning on April 1 of any calendar
      year for which the Trade Representative has not met the
      requirements of this subsection.
        "(B)(i) Notwithstanding paragraphs (3), (4), or (6)(B) (other
      than paragraph (3)(A)), individuals listed on the preliminary
      candidate lists submitted to the appropriate Congressional
      Committees under paragraph (3)(A) may - 
          "(I) be selected by the Trade Representative for placement on
        the rosters described in Annex 1901.2(1) and Annex 1904.13(1)
        of the Agreement during the 3-month period beginning on the
        date on which the Agreement enters into force, and
          "(II) be appointed solely or jointly by the Trade
        Representative under the terms of the Agreement to serve as
        members of binational panels or extraordinary challenge
        committees that are convened pursuant to chapter 19 of the
        Agreement during such 3-month period.
        "(ii) If the Agreement enters into force after January 3, 1989,
      the provisions of this subsection shall be applied with respect
      to the calendar year in which the Agreement enters into force - 
          "(I) by substituting 'the date that is 30 days after the date
        on which the Agreement enters into force' for 'January 3 of
        each calendar year' in paragraphs (1)(B)(i) and (3)(A), and
          "(II) by substituting 'the date that is 3 months after the
        date on which the Agreement enters into force' for 'March 31 of
        each calendar year' in paragraph (4)(A).
      "(b) Status of Panelists. - Notwithstanding any other provision
    of law, individuals appointed by the United States to serve on
    panels or committees convened pursuant to chapter 19 of the
    Agreement, and individuals designated to assist such appointed
    individuals, shall not be considered to be employees or special
    employees of, or to be otherwise affiliated with, the Government of
    the United States.
      "(c) Immunity of Panelists. - With the exception of acts
    described in section 777f(d)(3) [777(d)(3)] of the Tariff Act of
    1930, as added by this Act [19 U.S.C. 1677f(d)(3)], individuals
    serving on panels or committees convened pursuant to chapter 19 of
    the Agreement, and individuals designated to assist the individuals
    serving on such panels or committees, shall be immune from suit and
    legal process relating to acts performed by such individuals in
    their official capacity and within the scope of their functions as
    such panelists or committee members or assistants to such panelists
    or committee members.
      "(d) Regulations. - The administering authority under title VII
    of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], the United
    States International Trade Commission, and the United States Trade
    Representative may promulgate such regulations as are necessary or
    appropriate to carry out actions in order to implement their
    respective responsibilities under chapters 18 and 19 of the
    Agreement. Initial regulations to carry out such functions shall be
    issued prior to the date of entry into force of the Agreement [Jan.
    1, 1989].
      "(e) Establishment of United States Secretariat. - 
        "(1) The President is authorized to establish within any
      department or agency of the Federal Government a United States
      Secretariat which, subject to the oversight of the interagency
      group established under subsection (a)(1)(A), shall facilitate - 
          "(A) the operation of chapters 18 and 19 of the Agreement,
        and
          "(B) the work of the binational panels and extraordinary
        challenge committees convened under chapters 18 and 19 of the
        Agreement.
        "(2) The United States Secretariat established by the President
      under paragraph (1) shall not be considered to be an agency for
      purposes of section 552 of title 5, United States Code.

      "SEC. 406. AUTHORIZATION OF APPROPRIATIONS FOR THE SECRETARIAT,
        THE PANELS, AND THE COMMITTEES.
      "(a) The Secretariat. - There are authorized to be appropriated
    to the department or agency within which the United States
    Secretariat described in chapter 19 of the Agreement is established
    the lesser of - 
        "(1) such sums as may be necessary, or
        "(2) $5,000,000,
    for each fiscal year succeeding fiscal year 1988 for the
    establishment and operations of such United States Secretariat and
    for the payment of the United States share of the expenses of the
    dispute settlement proceedings under chapter 18 of the Agreement.
      "(b) Panels and Committees. - 
        "(1) There are authorized to be appropriated to the Office of
      the United States Trade Representative for fiscal year 1990,
      $1,492,000 to pay during such fiscal year the United States share
      of the expenses of binational panels and extraordinary challenge
      committees convened pursuant to chapter 19 of the Agreement.
        "(2) The United States Trade Representative is authorized to
      transfer to any department or agency of the United States, from
      sums appropriated pursuant to the authorization provided under
      paragraph (1) or section 141(g)(1) of the Trade Act of 1974 [19
      U.S.C. 2171(g)(1)], such funds as may be necessary to facilitate
      the payment of the expenses described in paragraph (1).
        "(3) Funds appropriated for the payment of expenses described
      in paragraph (1) during any fiscal year may be expended only to
      the extent such funds do not exceed the amount authorized to be
      appropriated under paragraph (1) for such fiscal year. This
      paragraph shall apply, notwithstanding any law enacted after the
      date of enactment of this Act [Sept. 28, 1988], unless such
      subsequent law specifically provides that this paragraph shall
      not apply and specifically cites this paragraph.
        "(4) If the Canadian Secretariat described in chapter 19 of the
      Agreement provides funds during any fiscal year for the purpose
      of paying, in accordance with Annex 1901.2 of the Agreement, the
      Canadian share of the expenses of binational panels, the United
      States Secretariat established under section 405(e)(1) may
      hereafter retain and use such funds for such purposes.

      "SEC. 407. TESTIMONY AND PRODUCTION OF PAPERS IN EXTRAORDINARY
        CHALLENGES.
      "(a) Authority of Extraordinary Challenge Committee To Obtain
    Information. - If an extraordinary challenge committee (hereinafter
    referred to in this section as the 'committee') is convened
    pursuant to article 1904(13) of the Agreement, and the allegations
    before the committee include a matter referred to in article
    1904(13)(a)(i) of the Agreement, for the purposes of carrying out
    its functions and duties under Annex 1904.13 of the Agreement, the
    committee - 
        "(1) shall have access to, and the right to copy, any document,
      paper, or record pertinent to the subject matter under
      consideration, in the possession of any individual, partnership,
      corporation, association, organization, or other entity,
        "(2) may summon witnesses, take testimony, and administer
      oaths,
        "(3) may require any individual, partnership, corporation,
      association, organization, or other entity to produce documents,
      books, or records relating to the matter in question, and
        "(4) may require any individual, partnership, corporation,
      association, organization, or other entity to furnish in writing,
      in such detail and in such form as the committee may prescribe,
      information in its possession pertaining to the matter.
    Any member of the committee may sign subpoenas, and members of the
    committee, when authorized by the committee, may administer oaths
    and affirmations, examine witnesses, take testimony, and receive
    evidence.
      "(b) Witnesses and Evidence. - The attendance of witnesses who
    are authorized to be summoned, and the production of documentary
    evidence authorized to be ordered, under subsection (a) may be
    required from any place in the United States at any designated
    place of hearing. In the case of disobedience to a subpoena
    authorized under subsection (a), the committee may request the
    Attorney General of the United States to invoke the aid of any
    district or territorial court of the United States in requiring the
    attendance and testimony of witnesses and the production of
    documentary evidence. Such court, within the jurisdiction of which
    such inquiry is carried on, may, in case of contumacy or refusal to
    obey a subpoena issued to any individual, partnership, corporation,
    association, organization, or other entity, issue an order
    requiring such individual or entity to appear before the committee,
    or to produce documentary evidence if so ordered or to give
    evidence concerning the matter in question. Any failure to obey
    such order of the court may be punished by such court as a contempt
    thereof.
      "(c) Mandamus. - Any court referred to in subsection (b) shall
    have jurisdiction to issue writs of mandamus commanding compliance
    with the provisions of this section or any order of the committee
    made in pursuance thereof.
      "(d) Depositions. - The committee may order testimony to be taken
    by deposition at any stage of the committee review. Such deposition
    may be taken before any person designated by the committee and
    having power to administer oaths. Such testimony shall be reduced
    to writing by the person taking the deposition, or under the
    direction of such person, and shall then be subscribed by the
    deponent. Any individual, partnership, corporation, association,
    organization or other entity may be compelled to appear and depose
    and to produce documentary evidence in the same manner as witnesses
    may be compelled to appear and testify and produce documentary
    evidence before the committee, as provided in this section.

      "SEC. 408. REQUESTS FOR REVIEW OF CANADIAN ANTIDUMPING AND
        COUNTERVAILING DUTY DETERMINATIONS.
      "(a) Requests for Review by the United States. - In the case of a
    final antidumping or countervailing duty determination of a
    competent investigating authority of Canada, as defined in article
    1911 of the Agreement, requests by the United States for binational
    panel review under article 1904 of the Agreement shall be made by
    the United States Secretary, described in article 1909(4) of the
    Agreement.
      "(b) Requests for Review by a Person. - In the case of a final
    antidumping or countervailing duty determination of a competent
    investigating authority of Canada, as defined in article 1911 of
    the Agreement, a person, within the meaning of article 1904(5) of
    the Agreement, may request a binational panel review of such
    determination by filing with the United States Secretary, described
    in article 1909(4) of the Agreement, such a request within the time
    limit provided for in article 1904(4) of the Agreement. The receipt
    of such request by the United States Secretary shall be deemed to
    be a request for binational panel review within the meaning of
    article 1904(4) of the Agreement. Such request shall contain such
    information and be in such form, manner, and style as the
    administering authority shall prescribe by regulations. The request
    for such panel review shall not preclude the United States, Canada,
    or any other person from challenging before a binational panel the
    basis for a particular request for review.
      "(c) Service of Request for Review. - Whenever binational panel
    review is requested under this section, the United States Secretary
    shall serve a copy of the request on all persons who would
    otherwise be entitled under Canadian law to commence procedures for
    judicial review of a final antidumping or countervailing duty
    determination made by a competent investigating authority of
    Canada.

      "SEC. 409. SUBSIDIES.
      "(a) Negotiating Authority. - 
        "(1) The President is authorized to enter into an agreement
      with Canada, including an agreement to amend the Agreement, on
      rules applicable to trade between the United States and Canada
      that - 
          "(A) deal with unfair pricing and government subsidization,
        and
          "(B) provide for increased discipline on subsidies.
        "(2)(A) The objectives of the United States in negotiating an
      agreement under paragraph (1) include (but are not limited to) - 
          "(i) achievement, on an expedited basis, of increased
        discipline on government production and export subsidies that
        have a significant impact, directly or indirectly, on bilateral
        trade between the United States and Canada; and
          "(ii) attainment of increased and more effective discipline
        on those Canadian Government (including provincial) subsidies
        having the most significant adverse impact on United States
        producers that compete with subsidized products of Canada in
        the markets of the United States and Canada.
        "(B) Special emphasis should be given in negotiating an
      agreement under paragraph (1) to obtain discipline on Canadian
      subsidy programs that adversely affect United States industries
      which directly compete with subsidized imports.
        "(3) The United States members of the working group established
      under article 1907 of the Agreement shall consult regularly with
      the Committee on Finance of the Senate, the Committee on Ways and
      Means of the House of Representatives, and advisory committees
      established under section 135 of the Trade Act of 1974 [19 U.S.C.
      2155] regarding - 
          "(A) the issues being considered by the working group; and
          "(B) as appropriate, the objectives and strategy of the
        United States in the negotiations.
        "(4) Notwithstanding any other provision of this Act or of any
      other law, the provisions of section 151 of the Trade Act of 1974
      (19 U.S.C. 2191) shall not apply to any bill or joint resolution
      that implements an agreement entered into under paragraph (1),
      unless the President determines and notifies the Congress that
      such agreement - 
          "(A) will provide greater discipline over government
        subsidies and no less discipline over unfair pricing practices
        by producers than that provided by the agreements described in
        paragraphs (5) and (6) of section 2[(c)] of the Trade
        Agreements Act of 1979 [19 U.S.C. 2503(c)(5), (6)] (the
        Subsidies Code and Antidumping Code), respectively, taking into
        account the effects of the Agreement, and
          "(B) will neither undermine such multilateral discipline nor
        detract from United States efforts to increase such discipline
        on a multilateral basis in, or subsequent to, the Uruguay Round
        of multilateral trade negotiations.
      "(b) Identification of Industries Facing Subsidized Imports. - 
        "(1) Any entity, including a trade association, firm, certified
      or recognized union, or group of workers, that is representative
      of a United States industry and has reason to believe that - 
          "(A)(i) as a result of implementation of provisions of the
        Agreement, the industry is likely to face increased competition
        from subsidized Canadian imports with which it directly
        competes; or
          "(ii) the industry is likely to face increased competition
        from subsidized imports with which it directly competes from
        any other country designated by the President, following
        consultations with the Congress, as benefitting from a
        reduction of tariffs or other trade barriers under a trade
        agreement that enters into force after January 1, 1989; and
          "(B) the industry is likely to experience a deterioration of
        its competitive position before rules and disciplines relating
        to the use of government subsidies have been developed with
        respect to such country;
      may file a petition with the United States Trade Representative
      (hereafter referred to in this section as the 'Trade
      Representative') to be identified under this section.
        "(2) Within 90 days of receipt of a petition under paragraph
      (1), the Trade Representative, in consultation with the Secretary
      of Commerce, shall decide whether to identify the industry on the
      basis that there is a reasonable likelihood that the industry may
      face both the subsidization described in paragraph (1)(A) and the
      deterioration described in paragraph (1)(B).
        "(3) At the request of an entity that is representative of an
      industry identified under paragraph (2), the Trade Representative
      shall - 
          "(A) compile and make available to the industry information
        under section 308 of the Trade Act of 1974 [19 U.S.C. 2418],
          "(B) recommend to the President that an investigation by the
        United States International Trade Commission be requested under
        section 332 of the Tariff Act of 1930 [19 U.S.C. 1332], or
          "(C) take actions described in both subparagraphs (A) and
        (B).
      The industry may request the Trade Representative to take
      appropriate action to update (as often as annually) any
      information obtained under subparagraph (A) or (B), or both, as
      the case may be, until an agreement on adequate rules and
      disciplines relating to government subsidies is reached.
        "(4)(A) The Trade Representative and the Secretary of Commerce
      shall review information obtained under paragraph (3) and consult
      with the industry identified under paragraph (2) with a view to
      deciding whether any action is appropriate under section 301 of
      the Trade Act of 1974 [19 U.S.C. 2411], including the initiation
      of an investigation under section 302(c) of that Act [19 U.S.C.
      2412(c)] (in the case of the Trade Representative), or under
      subtitle A of title VII of the Tariff Act of 1930 [19 U.S.C. 1671
      et seq.], including the initiation of an investigation under
      section 702(a) of that Act [19 U.S.C. 1671a(a)] (in the case of
      the Secretary of Commerce).
        "(B) In determining whether to initiate any investigation under
      section 301 of the Trade Act of 1974 [19 U.S.C. 2411] or any
      other trade law, other than title VII of the Tariff Act of 1930
      [19 U.S.C. 1671 et seq.], the Trade Representative, after
      consultation with the Secretary of Commerce - 
          "(i) shall seek the advice of the advisory committees
        established under section 135 of the Trade Act of 1974 [19
        U.S.C. 2155];
          "(ii) shall consult with the Committee on Finance of the
        Senate and the Committee on Ways and Means of the House of
        Representatives;
          "(iii) shall coordinate with the interagency committee
        established under section 242 of the Trade Expansion Act of
        1962 [19 U.S.C. 1872]; and
          "(iv) may ask the President to request advice from the United
        States International Trade Commission.
        "(C) In the event an investigation is initiated under section
      302(c) of the Trade Act of 1974 [19 U.S.C. 2412(c)] as a result
      of a review under this paragraph and the President, following
      such investigation (including any applicable dispute settlement
      proceedings under the Agreement or any other trade agreement),
      determines to take action under section 301(a) of such Act [19
      U.S.C. 2411(a)], the President shall give preference to actions
      that most directly affect the products that benefit from
      governmental subsidies and were the subject of the investigation,
      unless there are no significant imports of such products or the
      President otherwise determines that application of the action to
      other products would be more effective.
        "(5) Any decision, whether positive or negative, or any action
      by the Trade Representative or the Secretary of Commerce under
      this section shall not in any way - 
          "(A) prejudice the right of any industry to file a petition
        under any trade law,
          "(B) prejudice, affect, or substitute for, any proceeding,
        investigation, determination, or action by the Secretary of
        Commerce, the United States International Trade Commission, or
        the Trade Representative pursuant to such a petition,
          "(C) prejudice, affect, substitute for, or obviate any
        proceeding, investigation, or determination under section 301
        of the Trade Act of 1974 [19 U.S.C. 2411], title VII of the
        Tariff Act of 1930 [19 U.S.C. 1671 et seq.], or any other trade
        law.
        "(6) Nothing in this subsection may be construed to alter in
      any manner the requirements in effect before the enactment of
      this Act [Sept. 28, 1988] for standing under any law of the
      United States or to add any additional requirements for standing
      under any law of the United States.

      "SEC. 410. TERMINATION OF AGREEMENT.
      "(a) In General. - If - 
        "(1) no agreement is entered into between the United States and
      Canada on a substitute system of rules for antidumping and
      countervailing duties before the date that is 7 years after the
      date on which the Agreement enters into force [Jan. 1, 1989], and
        "(2) the President decides not to exercise the rights of the
      United States under article 1906 of the Agreement to terminate
      the Agreement,
    the President shall submit to the Congress a report on such
    decision which explains why continued adherence to the Agreement is
    in the national economic interest of the United States. In
    calculating the 7-year period referred to in paragraph (1), any
    time during which Canada is a NAFTA country (as defined in section
    2(4) of the North American Free Trade Agreement Implementation Act
    [19 U.S.C. 3301(4)]) shall be disregarded.
      "(b) Transition Provisions. - 
        "(1) If on the date on which the Agreement should cease to be
      in force an investigation or enforcement proceeding concerning
      the violation of a protective order issued under section 777(d)
      of the Tariff Act of 1930 (as amended by this Act) [19 U.S.C.
      1677f(d)] or a Canadian undertaking is pending, such
      investigation or proceeding shall continue and sanctions may
      continue to be imposed in accordance with the provisions of such
      section.
        "(2) If on the date on which the Agreement should cease to be
      in force a binational panel review under article 1904 of the
      Agreement is pending, or has been requested, with respect to a
      determination to which section 516A(g)(2) of the Tariff Act of
      1930 (as added by this Act) [19 U.S.C. 1516a(g)(2)] applies, such
      determination shall be reviewable under section 516A(a) of the
      Tariff Act of 1930. In the case of a determination to which the
      provisions of this paragraph apply, the time limits for
      commencing an action under section 516A(a)(2)(A) of the Tariff
      Act of 1930 shall not begin to run until the date on which the
      Agreement ceases to be in force.

                "TITLE V - EFFECTIVE DATES AND SEVERABILITY            

      "SEC. 501. EFFECTIVE DATES.
      "(a) In General. - Except as provided in subsection (b), the
    provisions of this Act, and the amendments made by this Act, shall
    take effect on the date the Agreement enters into force [Jan. 1,
    1989].
      [A Presidential Memorandum on the Canada-United States Free-Trade
    Agreement, dated Dec. 31, 1988, directing the Secretary of State to
    exchange notes with the Government of Canada to provide for the
    entry into force of the Agreement on Jan. 1, 1989, is set out in 24
    Weekly Compilation of Presidential Documents 1688, Jan. 2, 1989.
    See, also, confirmation by Office of the United States Trade
    Representative, 54 F.R. 505.]
      "(b) Exceptions. - Sections 1 and 2, title I, section 304 (except
    subsection (f)), section 309, this section and section 502 shall
    take effect on the date of enactment of this Act [Sept. 28, 1988].
      "(c) Termination or Suspension of Agreement. - 
        "(1) Termination of agreement. - On the date the Agreement
      ceases to be in force, the provisions of this Act (other than
      this paragraph and section 410(b)), and the amendments made by
      this Act, shall cease to have effect.
        "(2) Effect of agreement suspension. - An agreement by the
      United States and Canada to suspend the operation of the
      Agreement shall not be deemed to cause the Agreement to cease to
      be in force within the meaning of paragraph (1).
        "(3) Suspension resulting from nafta. - On the date the United
      States and Canada agree to suspend the operation of the Agreement
      by reason of the entry into force between them of the North
      American Free Trade Agreement, the following provisions of this
      Act are suspended and shall remain suspended until such time as
      the suspension of the Agreement may be terminated:
          "(A) Sections 204(a) and (b) and 205(a).
          "(B) Sections 302 and 304(f).
          "(C) Sections 404, 409, and 410(b).

      "SEC. 502. SEVERABILITY.
      "If any provision of this Act, any amendment made by this Act, or
    the application of such a provision or amendment to any person or
    circumstances is held to be invalid, the remainder of this Act, the
    remaining amendments made by this Act, and the application of such
    provision or amendment to persons or circumstances other than those
    to which it is held invalid, shall not be affected thereby."
      [For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.]
      [Amendment by section 107 of Pub. L. 103-182 to section 501(c) of
    Pub. L. 100-449, set out above, effective on the date the North
    American Free Trade Agreement enters into force between the United
    States and Canada [Jan. 1, 1994], see section 109(a)(2) of Pub. L.
    103-182, set out as an Effective Date; Termination of NAFTA Status
    note under section 3311 of this title.]
      [Section 308(b) of Pub. L. 103-182 provided that: "The amendments
    made by subsection (a) [amending section 301(a) of Pub. L. 100-449,
    set out above] take effect on the date of the enactment of this Act
    [Dec. 8, 1993]."]
      [Amendment by section 413 of Pub. L. 103-182 to section 410(a) of
    Pub. L. 100-449, set out above, effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], but not applicable to any final
    determination described in section 1516a(a)(1)(B) or (2)(B)(i) to
    (iii) of this title, notice of which is published in the Federal
    Register before such date, or to a determination described in
    section 1516a(a)(2)(B)(vi) of this title, notice of which is
    received by the Government of Canada before such date, or to any
    binational panel review under the United States-Canada Free-Trade
    Agreement, or any extraordinary challenge arising out of such
    review, that was commenced before such date, see section 416 of
    Pub. L. 103-182, set out as an Effective Date note under section
    3431 of this title.]
      [For provisions relating to effect of termination of NAFTA
    country status on the provisions of sections 401 to 416 of Pub. L.
    103-182, see section 3451 of this title.]

            PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989        
      For provisions directing that if any amendments made by subtitle
    A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or
    title XVIII [Secs. 1801-1899A] of Pub. L. 99-514 require an
    amendment to any plan, such plan amendment shall not be required to
    be made before the first plan year beginning on or after Jan. 1,
    1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
    note under section 401 of Title 26, Internal Revenue Code.

            UNITED STATES-ISRAEL FREE TRADE AREA IMPLEMENTATION        
      Pub. L. 99-47, June 11, 1985, 99 Stat. 82, as amended by Pub. L.
    104-234, Sec. 1, Oct. 2, 1996, 110 Stat. 3058, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'United States-Israel Free Trade
    Area Implementation Act of 1985'.

      "SEC. 2. PURPOSES.
      "The purposes of this Act are - 
        "(1) to approve and implement the agreement on the
      establishment of a free trade area between the United States and
      Israel negotiated under the authority of section 102 of the Trade
      Act of 1974 [19 U.S.C. 2112];
        "(2) to strengthen and develop the economic relations between
      the United States and Israel for their mutual benefit; and
        "(3) to establish free trade between the two nations through
      the removal of trade barriers.

      "SEC. 3. APPROVAL OF A FREE TRADE AREA AGREEMENT.
      "Pursuant to sections 102 and 151 of the Trade Act of 1974 (19
    U.S.C. 2112; 2191), the Congress approves - 
        "(1) the Agreement on the Establishment of a Free Trade Area
      between the Government of the United States of America and the
      Government of Israel (hereinafter in this Act referred to as 'the
      Agreement') entered into on April 22, 1985, and submitted to the
      Congress on April 29, 1985, and
        "(2) the statement of administrative action proposed to
      implement the Agreement that was submitted to the Congress on
      April 29, 1985.

      "SEC. 4. PROCLAMATION AUTHORITY.
      "(a) Tariff Modifications. - Except as provided in subsection
    (c), the President may proclaim - 
        "(1) such modifications or continuance of any existing duty,
        "(2) such continuance of existing duty-free or excise
      treatment, or
        "(3) such additional duties,
    as the President determines to be required or appropriate to carry
    out the schedule of duty reductions with respect to Israel set
    forth in annex 1 of the Agreement.
      "(b) Additional Tariff Modification Authority. - Except as
    provided in subsection (c), whenever the President determines that
    it is necessary to maintain the general level of reciprocal and
    mutually advantageous concessions with respect to Israel provided
    for by the Agreement, the President may proclaim - 
        "(1) such withdrawal, suspension, modification, or continuance
      of any duty,
        "(2) such continuance of existing duty-free or excise
      treatment, or
        "(3) such additional duties,
    as the President determines to be required or appropriate to carry
    out the Agreement.
      "(c) Exception to Authority. - No modification of any duty
    imposed on any article provided for in paragraph (4) of annex 1 of
    the Agreement that may be proclaimed under subsection (a) or (b)
    shall take effect prior to January 1, 1995.

      "SEC. 5. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES LAW.
      "(a) United States Statutes To Prevail in Conflict. - No
    provision of the Agreement, nor the application of any such
    provision to any person or circumstance, which is in conflict with -
     
        "(1) title IV of the Trade and Tariff Act of 1984 [title IV of
      Pub. L. 98-573, amending this section and enacting provisions set
      out below], or
        "(2) any other statute of the United States,
    shall be given effect under the laws of the United States.
      "(b) Implementing Regulations. - Regulations that are necessary
    or appropriate to carry out actions proposed in any statement of
    proposed administrative action submitted to the Congress under
    section 102 of the Trade Act of 1974 (19 U.S.C. 2112) in order to
    implement the Agreement shall be prescribed. Initial regulations to
    carry out such action shall be issued within one year after the
    date of the entry into force of the Agreement.
      "(c) Changes in Statutes To Implement a Requirement, Amendment,
    or Recommendation. - 
        "(1) Except as otherwise provided in paragraph (2), the
      provisions of section 3(c) of the Trade Agreements Act of 1979
      (19 U.S.C. 2504(c)) shall apply with respect to the Agreement and
      - 
          "(A) no requirement of, amendment to, or recommendation under
        the Agreement shall be implemented under United States law, and
          "(B) no amendment, repeal, or enactment of a statute of the
        United States to implement any such requirement, amendment, or
        recommendation shall enter into force with respect to the
        United States,
      unless there has been compliance with the provisions of section
      3(c) of the Trade Agreements Act of 1979.
        "(2) The provisions of section 3(c)(4) of the Trade Agreements
      Act of 1979 (19 U.S.C. 2504(c)(4)) shall apply to any bill
      implementing any requirement of, amendment to, or recommendation
      made under, the Agreement that reduces or eliminates any duty
      imposed on any article provided for in paragraph (4) of Annex 1
      of the Agreement only if - 
          "(A) any reduction of such duty provided in such bill - 
            "(i) takes effect after December 31, 1989, and
            "(ii) takes effect gradually over the period that begins on
          January 1, 1990, and ends on December 31, 1994,
          "(B) any elimination of such duty provided in such bill does
        not take effect prior to January 1, 1995, and
          "(C) the consultations required under section 3(c)(1) of such
        Act occur at least ninety days prior to the date on which such
        bill is submitted to the Congress under section 3(c) of such
        Act.
      "(d) Private Remedies Not Created. - Neither the entry into force
    of the Agreement with respect to the United States, nor the
    enactment of this Act, shall be construed as creating any private
    right of action or remedy for which provision is not explicitly
    made under this Act or under the laws of the United States.

      "SEC. 6. TERMINATION.
      "The provisions of section 125(a) of the Trade Act of 1974 (19
    U.S.C. 2135(a)) shall not apply to the Agreement.

      "SEC. 7. LOWERED THRESHOLD FOR GOVERNMENT PROCUREMENT UNDER TRADE
        AGREEMENTS ACT OF 1979 IN THE CASE OF CERTAIN ISRAELI PRODUCTS.
      [Section amended section 2518(4)(C) of this title.]

      "SEC. 8. TECHNICAL AMENDMENTS.
      [Section amended title IV of Pub. L. 98-573, set out as a note
    below, this section, and sections 2462 to 2464 of this title.]

      "SEC. 9. ADDITIONAL PROCLAMATION AUTHORITY.
      "(a) Elimination or Modifications of Duties. - The President is
    authorized to proclaim elimination or modification of any existing
    duty as the President determines is necessary to exempt any article
    from duty if - 
        "(1) that article is wholly the growth, product, or manufacture
      of the West Bank, the Gaza Strip, or a qualifying industrial zone
      or is a new or different article of commerce that has been grown,
      produced, or manufactured in the West Bank, the Gaza Strip, or a
      qualifying industrial zone;
        "(2) that article is imported directly from the West Bank, the
      Gaza Strip, Israel, or a qualifying industrial zone; and
        "(3) the sum of - 
          "(A) the cost or value of the materials produced in the West
        Bank, the Gaza Strip, Israel, or a qualifying industrial zone,
        plus
          "(B) the direct costs of processing operations performed in
        the West Bank, the Gaza Strip, Israel, or a qualifying
        industrial zone,
      is not less than 35 percent of the appraised value of the product
      at the time it is entered into the United States.
    For purposes of determining the 35 percent content requirement
    contained in paragraph (3), the cost or value of materials which
    are used in the production of an article in the West Bank, the Gaza
    Strip, or a qualifying industrial zone, and are the products of the
    United States, may be counted in an amount up to 15 percent of the
    appraised value of the article.
      "(b) Applicability of Certain Provisions of the Agreement. - 
        "(1) Nonqualifying operations. - No article shall be considered
      a new or different article of commerce under this section, and no
      material shall be included for purposes of determining the 35
      percent requirement of subsection (a)(3), by virtue of having
      merely undergone - 
          "(A) simple combining or packaging operations, or
          "(B) mere dilution with water or with another substance that
        does not materially alter the characteristics of the article or
        material.
        "(2) Requirements for new or different article of commerce. -
      For purposes of subsection (a)(1), an article is a 'new or
      different article of commerce' if it is substantially transformed
      into an article having a new name, character, or use.
        "(3) Cost or value of materials. - (A) For purposes of this
      section, the cost or value of materials produced in the West
      Bank, the Gaza Strip, or a qualifying industrial zone includes - 
          "(i) the manufacturer's actual cost for the materials;
          "(ii) when not included in the manufacturer's actual cost for
        the materials, the freight, insurance, packing, and all other
        costs incurred in transporting the materials to the
        manufacturer's plant;
          "(iii) the actual cost of waste or spoilage, less the value
        of recoverable scrap; and
          "(iv) taxes or duties imposed on the materials by the West
        Bank, the Gaza Strip, or a qualifying industrial zone, if such
        taxes or duties are not remitted on exportation.
        "(B) If a material is provided to the manufacturer without
      charge, or at less than fair market value, its cost or value
      shall be determined by computing the sum of - 
          "(i) all expenses incurred in the growth, production, or
        manufacture of the material, including general expenses;
          "(ii) an amount for profit; and
          "(iii) freight, insurance, packing, and all other costs
        incurred in transporting the material to the manufacturer's
        plant.
      If the information necessary to compute the cost or value of a
      material is not available, the Customs Service may ascertain or
      estimate the value thereof using all reasonable methods.
        "(4) Direct costs of processing operations. - (A) For purposes
      of this section, the 'direct costs of processing operations
      performed in the West Bank, Gaza Strip, or a qualifying
      industrial zone' with respect to an article are those costs
      either directly incurred in, or which can be reasonably allocated
      to, the growth, production, manufacture, or assembly, of that
      article. Such costs include, but are not limited to, the
      following to the extent that they are includible in the appraised
      value of articles imported into the United States:
          "(i) All actual labor costs involved in the growth,
        production, manufacture, or assembly of the article, including
        fringe benefits, on-the-job training, and costs of engineering,
        supervisory, quality control, and similar personnel.
          "(ii) Dies, molds, tooling, and depreciation on machinery and
        equipment which are allocable to the article.
          "(iii) Research, development, design, engineering, and
        blueprint costs insofar as they are allocable to the article.
          "(iv) Costs of inspecting and testing the article.
        "(B) Those items that are not included as direct costs of
      processing operations with respect to an article are those which
      are not directly attributable to the article or are not costs of
      manufacturing the article. Such items include, but are not
      limited to - 
          "(i) profit; and
          "(ii) general expenses of doing business which are either not
        allocable to the article or are not related to the growth,
        production, manufacture, or assembly of the article, such as
        administrative salaries, casualty and liability insurance,
        advertising, and salesmen's salaries, commissions, or expenses.
        "(5) Imported directly. - For purposes of this section - 
          "(A) articles are 'imported directly' if - 
            "(i) the articles are shipped directly from the West Bank,
          the Gaza Strip, a qualifying industrial zone, or Israel into
          the United States without passing through the territory of
          any intermediate country; or
            "(ii) if shipment is through the territory of an
          intermediate country, the articles in the shipment do not
          enter into the commerce of any intermediate country and the
          invoices, bills of lading, and other shipping documents
          specify the United States as the final destination; or
          "(B) if articles are shipped through an intermediate country
        and the invoices and other documents do not specify the United
        States as the final destination, then the articles in the
        shipment, upon arrival in the United States, are imported
        directly only if they - 
            "(i) remain under the control of the customs authority in
          an intermediate country;
            "(ii) do not enter into the commerce of an intermediate
          country except for the purpose of a sale other than at
          retail, but only if the articles are imported as a result of
          the original commercial transactions between the importer and
          the producer or the producer's sales agent; and
            "(iii) have not been subjected to operations other than
          loading, unloading, or other activities necessary to preserve
          the article in good condition.
        "(6) Documentation required. - An article is eligible for the
      duty exemption under this section only if - 
          "(A) the importer certifies that the article meets the
        conditions for the duty exemption; and
          "(B) when requested by the Customs Service, the importer,
        manufacturer, or exporter submits a declaration setting forth
        all pertinent information with respect to the article,
        including the following:
            "(i) A description of the article, quantity, numbers, and
          marks of packages, invoice numbers, and bills of lading.
            "(ii) A description of the operations performed in the
          production of the article in the West Bank, the Gaza Strip, a
          qualifying industrial zone, or Israel and identification of
          the direct costs of processing operations.
            "(iii) A description of any materials used in production of
          the article which are wholly the growth, product, or
          manufacture of the West Bank, the Gaza Strip, a qualifying
          industrial zone, Israel or United States, and a statement as
          to the cost or value of such materials.
            "(iv) A description of the operations performed on, and a
          statement as to the origin and cost or value of, any foreign
          materials used in the article which are claimed to have been
          sufficiently processed in the West Bank, the Gaza Strip, a
          qualifying industrial zone, or Israel so as to be materials
          produced in the West Bank, the Gaza Strip, a qualifying
          industrial zone, or Israel.
            "(v) A description of the origin and cost or value of any
          foreign materials used in the article which have not been
          substantially transformed in the West Bank, the Gaza Strip,
          or a qualifying industrial zone.
      "(c) Shipment of Articles of Israel Through West Bank or Gaza
    Strip. - The President is authorized to proclaim that articles of
    Israel may be treated as though they were articles directly shipped
    from Israel for the purposes of the Agreement even if shipped to
    the United States from the West Bank, the Gaza Strip, or a
    qualifying industrial zone, if the articles otherwise meet the
    requirements of the Agreement.
      "(d) Treatment of Cost or Value of Materials. - The President is
    authorized to proclaim that the cost or value of materials produced
    in the West Bank, the Gaza Strip, or a qualifying industrial zone
    may be included in the cost or value of materials produced in
    Israel under section 1(c)(i) of Annex 3 of the Agreement, and the
    direct costs of processing operations performed in the West Bank,
    the Gaza Strip, or a qualifying industrial zone may be included in
    the direct costs of processing operations performed in Israel under
    section 1(c)(ii) of Annex 3 of the Agreement.
      "(e) Qualifying Industrial Zone Defined. - For purposes of this
    section, a 'qualifying industrial zone' means any area that - 
        "(1) encompasses portions of the territory of Israel and Jordan
      or Israel and Egypt;
        "(2) has been designated by local authorities as an enclave
      where merchandise may enter without payment of duty or excise
      taxes; and
        "(3) has been specified by the President as a qualifying
      industrial zone."
      [For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.]

                       TRADE AGREEMENTS WITH ISRAEL                   
      Pub. L. 98-573, title IV, Secs. 402-405, formerly Secs. 402-404,
    406, Oct. 30, 1984, 98 Stat. 3015-3017, as renumbered and amended
    by Pub. L. 99-47, Sec. 8(a), June 11, 1985, 99 Stat. 84; Pub. L. 99-
    514, title XVIII, Sec. 1889(6), Oct. 22, 1986, 100 Stat. 2926;
    Pub. L. 100-418, title I, Secs. 1214(s)(4), 1401(b)(3), Aug. 23,
    1988, 102 Stat. 1160, 1240, provided that:

      "SEC. 402. CRITERIA FOR DUTY-FREE TREATMENT OF ARTICLES.
      "(a)(1) The reduction or elimination of any duty imposed on any
    article by the United States provided for in a trade agreement
    entered into with Israel under section 102(b)(1) of the Trade Act
    of 1974 [19 U.S.C. 2112(b)(1)] shall apply only if - 
        "(A) that article is the growth, product, or manufacture of
      Israel or is a new or different article of commerce that has been
      grown, produced, or manufactured in Israel;
        "(B) that article is imported directly from Israel into the
      customs territory of the United States; and
        "(C) the sum of - 
          "(i) the cost of value of the materials produced in Israel,
        plus
          "(ii) the direct costs of processing operations performed in
        Israel,
      is not less than 35 percent of the appraised value of such
      article at the time it is entered.
    If the cost or value of materials produced in the customs territory
    of the United States is included with respect to an article to
    which this subsection applies, an amount not to exceed 15 percent
    of the appraised value of the article at the time it is entered
    that is attributable to such United States cost or value may be
    applied toward determining the percentage referred to in
    subparagraph (C).
      "(2) No article may be considered to meet the requirements of
    paragraph (1)(A) by virtue of having merely undergone - 
        "(A) simple combining or packaging operations; or
        "(B) mere dilution with water or mere dilution with another
      substance that does not materially alter the characteristics of
      the article.
      "(b) As used in this section, the phrase 'direct costs of
    processing operations' includes, but is not limited to - 
        "(1) all actual labor costs involved in the growth, production,
      manufacture, or assembly of the specific merchandise, including
      fringe benefits, on-the-job training and the cost of engineering,
      supervisory, quality control, and similar personnel; and
        "(2) dies, molds, tooling, and depreciation on machinery and
      equipment which are allocable to the specific merchandise.
    Such phrase does not include costs which are not directly
    attributable to the merchandise concerned, or are not costs of
    manufacturing the product, such as (A) profit, and (B) general
    expenses of doing business which are either not allocable to the
    specific merchandise or are not related to the growth, production,
    manufacture, or assembly of the merchandise, such as administrative
    salaries, casualty and liability insurance, advertising, and
    salesmen's salaries, commissions or expenses.
      "(c) Regulations. - The Secretary of the Treasury, after
    consultation with the United States Trade Representative, shall
    prescribe such regulations as may be necessary to carry out this
    section.

      "SEC. 403. APPLICATION OF CERTAIN OTHER TRADE LAW PROVISIONS.
      "(a) Suspension of Duty-Free Treatment. - The President may by
    proclamation suspend the reduction or elimination of any duty
    provided under any trade agreement provision entered into with
    Israel under the authority of section 102(b)(1) of the Trade Act of
    1974 [19 U.S.C. 2112(b)(1)] with respect to any article and may
    proclaim a duty rate for such article if such action is proclaimed
    under section 203 of the Trade Act of 1974 [19 U.S.C. 2253] or
    section 232 of the Trade Expansion Act of 1962 [19 U.S.C. 1862].
      "(b) ITC Reports. - In any report by the United States
    International Trade Commission (hereinafter referred to in this
    title [this note] as the 'Commission') to the President under
    section 202(f) of the Trade Act of 1974 [19 U.S.C. 2252(f)]
    regarding any article for which a reduction or elimination of any
    duty is provided under a trade agreement entered into with Israel
    under section 102(b)(1) of the Trade Act of 1974 [19 U.S.C.
    2112(b)(1)], the Commission shall state whether and to what extent
    its findings and recommendations apply to such an article when
    imported from Israel.
      "(c) For purposes of section 203 of the Trade Act of 1974 [19
    U.S.C. 2253], the suspension of the reduction or elimination of a
    duty under subsection (a) shall be treated as an increase in duty.
      "(d) No proclamation which provides solely for a suspension
    referred to in subsection (a) with respect to any article shall be
    made under section 203 of the Trade Act of 1974 [19 U.S.C. 2253],
    unless the Commission, in addition to making an affirmative
    determination with respect to such article under section 202(b) of
    the Trade Act of 1974 [19 U.S.C. 2252(b)], determines in the course
    of its investigation under that section that the serious injury (or
    threat thereof) substantially caused by imports to the domestic
    industry producing a like or directly competitive article results
    from the reduction or elimination of any duty provided under any
    trade agreement provision entered into with Israel under section
    102(b)(1) of the Trade Act of 1974 [19 U.S.C. 2112(b)(1)].
      "(e)(1) Any proclamation issued under section 203 of the Trade
    Act of 1974 [19 U.S.C. 2253] that is in effect when an agreement
    with Israel is entered into under section 102(b)(1) of the Trade
    Act of 1974 [19 U.S.C. 2112(b)(1)] shall remain in effect until
    modified or terminated.
      "(2) If any article is subject to import relief at the time an
    agreement is entered into with Israel under section 102(b)(1) of
    the Trade Act of 1974 [19 U.S.C. 2112(b)(1)], the President may
    reduce or terminate the application of such import relief to the
    importation of such article before the otherwise scheduled date on
    which such reduction or termination would occur pursuant to the
    criteria and procedures of sections 203 and 204 of the Trade Act of
    1974 [19 U.S.C. 2253, 2254].

      "SEC. 404. FAST TRACK PROCEDURES FOR PERISHABLE ARTICLES.
      "(a) If a petition is filed with the Commission under the
    provisions of section 202(a) of the Trade Act of 1974 [19 U.S.C.
    2252(a)] regarding a perishable product which is subject to any
    reduction or elimination of a duty imposed by the United States
    under a trade agreement entered into with Israel under section
    102(b)(1) of the Trade Act of 1974 [19 U.S.C. 2112(b)(1)] and
    alleges injury from imports of that product, then the petition may
    also be filed with the Secretary of Agriculture with a request that
    emergency relief be granted under subsection (c) with respect to
    such article.
      "(b) Within 14 days after the filing of a petition under
    subsection (a) - 
        "(1) if the Secretary of Agriculture has reason to believe that
      a perishable product from Israel is being imported into the
      United States in such increased quantities as to be a substantial
      cause of serious injury, or the threat thereof, to the domestic
      industry producing a perishable product like or directly
      competitive with the imported product and that emergency action
      is warranted, he shall advise the President and recommend that
      the President take emergency action; or
        "(2) the Secretary of Agriculture shall publish a notice of his
      determination not to recommend the imposition of emergency action
      and so advise the petitioner.
      "(c) Within 7 days after the President receives a recommendation
    from the Secretary of Agriculture to take emergency action under
    subsection (b), he shall issue a proclamation withdrawing the
    reduction or elimination of duty provided to the perishable product
    under any trade agreement provision entered into under section
    102(b)(1) of the Trade Act of 1974 [19 U.S.C. 2112(b)(1)] or
    publish a notice of his determination not to take emergency action.
      "(d) The emergency action provided under subsection (c) shall
    cease to apply - 
        "(1) upon the taking of actions under section 203 of the Trade
      Act of 1974 [19 U.S.C. 2253];
        "(2) on the day a determination of the President under section
      203 of such Act [19 U.S.C. 2253] not to take action becomes
      final;
        "(3) in the event of a report of the Commission containing a
      negative finding, on the day the Commission's report is submitted
      to the President; or
        "(4) whenever the President determines that because of changed
      circumstances such relief is no longer warranted.
      "(e) For purposes of this section, the term 'perishable product'
    means any - 
        "(1) live plants and fresh cut flowers provided for in chapter
      6 of the Harmonized Tariff Schedule of the United States (19
      U.S.C. 1202, hereinafter referred to as the 'HTS');
        "(2) vegetables, edible nuts or fruit provided for in chapters
      7 and 8, heading 1105, subheadings 1106.10.00 and 1106.30,
      heading 1202, subheadings 1214.90.00 and 1704.90.60, headings
      2001 through 2008 (excluding subheadings 2001.90.20 and
      2004.90.10) and subheading 2103.20.40 of the HTS;
        "(3) concentrated citrus fruit juice provided for in
      subheadings 2009.11.00, 2009.19.40, 2009.20.40, 2009.30.20, and
      2009.30.60 of the HTS.
      "(f) No trade agreement entered into with Israel under section
    102(b)(1) of the Trade Act of 1974 [19 U.S.C. 2112(b)(1)] shall
    affect fees imposed under section 22 of the Agricultural Adjustment
    Act (7 U.S.C. 624).

      "SEC. 405. CONSTRUCTION OF TITLE.
      "Neither the taking effect of any trade agreement provision
    entered into with Israel under section 102(b)(1) [19 U.S.C.
    2112(b)(1)], nor any proclamation issued to implement any such
    provision, may affect in any manner, or to any extent, the
    application to any Israeli articles of section 232 of the Trade
    Expansion Act of 1962 [19 U.S.C. 1862], section 337 of title VII
    [probably should be "title III" of the Tariff Act of 1930 [19
    U.S.C. 1337], chapter 1 of title II and chapter 1 of title III of
    the Trade Act of 1974 [19 U.S.C. 2251 et seq., 2411 et seq.], or
    any other provision of law under which relief from injury caused by
    import competition or by unfair import trade practices may be
    sought."
      [Amendment of section 404 of Pub. L. 98-573 by section 1214(s)(4)
    of Pub. L. 100-418 effective Jan. 1, 1989, and applicable with
    respect to articles entered on or after such date, see section
    1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note
    under section 3001 of this title.]
      [Amendment of sections 403 and 404 of Pub. L. 98-573 by section
    1401 of Pub. L. 100-418 effective Aug. 23, 1988, and applicable
    with respect to investigations initiated under part 1 (Sec. 2251 et
    seq.) of subchapter II of this chapter on or after that date, see
    section 1401(c) of Pub. L. 100-418, set out as an Effective Date of
    1988 Amendment note under section 2251 of this title.]
      [The Harmonized Tariff Schedule of the United States is not set
    out in the Code. See Publication of Harmonized Tariff Schedule note
    set out under section 1202 of this title.]

          PRESIDENTIAL DETERMINATION REGARDING MULTILATERAL TRADE
                               NEGOTIATIONS
      For provisions relating to Presidential determination regarding
    multilateral trade negotiations and Presidential determination
    regarding acceptance and application of certain international trade
    agreements, see notes set out under section 2503 of this title.


-EXEC-
     EX. ORD. NO. 12662. IMPLEMENTING UNITED STATES-CANADA FREE-TRADE
                            IMPLEMENTATION ACT
      Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, as amended by Ex.
    Ord. No. 12889, Sec. 4(c), Dec. 27, 1993, 58 F.R. 69681, provided:
      By virtue of the authority vested in me as President by the
    Constitution and laws of the United States of America, including
    the United States-Canada Free-Trade Agreement Implementation Act of
    1988 (Public Law 100-449, 102 Stat. 1851) ("FTA Implementation
    Act") [set out as a note above], it is hereby ordered as follows:
      Section 1. [Superseded by Ex. Ord. No. 12889, Sec. 4(c), Dec. 27,
    1993, 58 F.R. 69681, see 19 U.S.C. 3311 note.]
      Sec. 2. Establishment of United States Secretariat. Pursuant to
    subsection 405(e) of the FTA Implementation Act, a "United States
    Secretariat" shall be established within the International Trade
    Administration of the Department of Commerce. The Secretariat shall
    facilitate:
      (1) the operation of Chapters 18 and 19 of the Free-Trade
    Agreement, and
      (2) the work of the binational panels and extraordinary challenge
    committees convened under those Chapters.
      Sec. 3. Acceptance by the President of Panel and Committee
    Decisions. In accordance with subsection 401(c) of the FTA
    Implementation Act, in the event that the provisions of
    subparagraph 516A(g)(7)(B) of the Tariff Act of 1930, as amended,
    19 U.S.C. section 1516a(g)(7)(B), take effect, I accept, as a
    whole, all decisions of binational panels and extraordinary
    challenge committees.
      Sec. 4. Judicial Review. This Order does not create any right or
    benefit, substantive or procedural, enforceable at law by a party
    against the United States, its agencies, its officers, or any
    person.
      Sec. 5. Effective Date. This Order shall take effect upon the
    entry into force of the Free-Trade Agreement.

       EX. ORD. NO. 13141. ENVIRONMENTAL REVIEW OF TRADE AGREEMENTS   
      Ex. Ord. No. 13141, Nov. 16, 1999, 64 F.R. 63169, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, and in order to
    further the environmental and trade policy goals of the United
    States, it is hereby ordered as follows:
      Section 1. Policy. The United States is committed to a policy of
    careful assessment and consideration of the environmental impacts
    of trade agreements. The United States will factor environmental
    considerations into the development of its trade negotiating
    objectives. Responsible agencies will accomplish these goals
    through a process of ongoing assessment and evaluation, and, in
    certain instances, written environmental reviews.
      Sec. 2. Purpose and Need. Trade agreements should contribute to
    the broader goal of sustainable development. Environmental reviews
    are an important tool to help identify potential environmental
    effects of trade agreements, both positive and negative, and to
    help facilitate consideration of appropriate responses to those
    effects whether in the course of negotiations, through other means,
    or both.
      Sec. 3. (a) Implementation. The United States Trade
    Representative (Trade Representative) and the Chair of the Council
    on Environmental Quality shall oversee the implementation of this
    order, including the development of procedures pursuant to this
    order, in consultation with appropriate foreign policy,
    environmental, and economic agencies.
      (b) Conduct of Environmental Reviews. The Trade Representative,
    through the interagency Trade Policy Staff Committee (TPSC), shall
    conduct the environmental reviews of the agreements under section 4
    of this order.
      Sec. 4. Trade Agreements.
      (a) Certain agreements that the United States may negotiate shall
    require an environmental review. These include:
      (i) comprehensive multilateral trade rounds;
      (ii) bilateral or plurilateral free trade agreements; and
      (iii) major new trade liberalization agreements in natural
    resource sectors.
      (b) Agreements reached in connection with enforcement and dispute
    resolution actions are not covered by this order.
      (c) For trade agreements not covered under subsections 4(a) and
    (b), environmental reviews will generally not be required. Most
    sectoral liberalization agreements will not require an
    environmental review. The Trade Representative, through the TPSC,
    shall determine whether an environmental review of an agreement or
    category of agreements is warranted based on such factors as the
    significance of reasonably foreseeable environmental impacts.
      Sec. 5. Environmental Reviews.
      (a) Environmental reviews shall be:
      (i) written;
      (ii) initiated through a Federal Register notice, outlining the
    proposed agreement and soliciting public comment and information on
    the scope of the environmental review of the agreement;
      (iii) undertaken sufficiently early in the process to inform the
    development of negotiating positions, but shall not be a condition
    for the timely tabling of particular negotiating proposals;
      (iv) made available in draft form for public comment, where
    practicable; and
      (v) made available to the public in final form.
      (b) As a general matter, the focus of environmental reviews will
    be impacts in the United States. As appropriate and prudent,
    reviews may also examine global and transboundary impacts.
      Sec. 6. Resources. Upon request by the Trade Representative, with
    the concurrence of the Deputy Director for Management of the Office
    of Management and Budget, Federal agencies shall, to the extent
    permitted by law and subject to the availability of appropriations,
    provide analytical and financial resources and support, including
    the detail of appropriate personnel, to the Office of the United
    States Trade Representative to carry out the provisions of this
    order.
      Sec. 7. General Provisions. This order is intended only to
    improve the internal management of the executive branch and does
    not create any right, benefit, trust, or responsibility,
    substantive or procedural, enforceable at law or equity by a party
    against the United States, its agencies, its officers, or any
    person.
                                                     William J. Clinton.


-TRANS-
          DELEGATION OF AUTHORITY UNDER SECTION 103(A) OF UNITED
       STATES-CANADA FREE-TRADE AGREEMENT IMPLEMENTATION ACT OF 1988
      Memorandum of President of the United States, Feb. 11, 1991, 56
    F.R. 6789, provided:
      Memorandum for the United States Trade Representative
      By virtue of the authority vested in me as President by the
    Constitution and laws of the United States, including section 301
    of title 3 of the United States Code, you are hereby delegated the
    authority to perform the functions necessary to fulfill the
    consultation and lay-over requirements set forth in section
    103(a)(1) through (4) of the United States-Canada Free-Trade
    Agreement Implementation Act of 1988 ("the Act") [Pub. L. 100-449,
    set out as a note above], including:
      (1) obtaining advice from the appropriate advisory committees and
    the U.S. International Trade Commission on the proposed
    implementation of an action by Presidential proclamation;
      (2) submitting a report on such action to the House Ways and
    Means and Senate Finance Committees; and
      (3) consulting with such committees during the 60-day period
    following the date on which the requirements under (1) and (2) have
    been met.
      The President retains the sole authority under the Act to
    implement an action by proclamation after the consultation and lay-
    over requirements set forth in section 103(a)(1) through (4) have
    been met.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                            George Bush.

-End-



-CITE-
    19 USC Sec. 2113                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2113. Overall negotiating objective

-STATUTE-
      The overall United States negotiating objective under sections
    2111 and 2112 of this title shall be to obtain more open and
    equitable market access and the harmonization, reduction, or
    elimination of devices which distort trade or commerce. To the
    maximum extent feasible, the harmonization, reduction, or
    elimination of agricultural trade barriers and distortions shall be
    undertaken in conjunction with the harmonization, reduction, or
    elimination of industrial trade barriers and distortions.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 103, Jan. 3, 1975, 88 Stat. 1984.)

-End-



-CITE-
    19 USC Sec. 2114                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2114. Sector negotiating objectives

-STATUTE-
    (a) Obtaining equivalent competitive opportunities
      A principal United States negotiating objective under sections
    2111 and 2112 of this title shall be to obtain, to the maximum
    extent feasible, with respect to appropriate product sectors of
    manufacturing, and with respect to the agricultural sector,
    competitive opportunities for United States exports to the
    developed countries of the world equivalent to the competitive
    opportunities afforded in United States markets to the importation
    of like or similar products, taking into account all barriers
    (including tariffs) to and other distortions of international trade
    affecting that sector.
    (b) Conduct of negotiations on basis of appropriate product sectors
      of manufacturing
      As a means of achieving the negotiating objective set forth in
    subsection (a) of this section, to the extent consistent with the
    objective of maximizing overall economic benefit to the United
    States (through maintaining and enlarging foreign markets for
    products of United States agriculture, industry, mining, and
    commerce, through the development of fair and equitable market
    opportunities, and through open and nondiscriminatory world trade),
    negotiations shall, to the extent feasible be conducted on the
    basis of appropriate product sectors of manufacturing.
    (c) Identification of appropriate product sectors of manufacturing
      For the purposes of this section and section 2155 of this title,
    the United States Trade Representative together with the Secretary
    of Commerce, Agriculture, or Labor, as appropriate, shall, after
    consultation with the Advisory Committee for Trade Negotiations
    established under section 2155 of this title and after consultation
    with interested private or non-Federal governmental organizations,
    identify appropriate product sectors of manufacturing.
    (d) Presidential analysis of how negotiating objectives are
      achieved in each product sector by trade agreements
      If the President determines that competitive opportunities in one
    or more product sectors will be significantly affected by a trade
    agreement concluded under section 2111 or 2112 of this title, he
    shall submit to the Congress with each such agreement an analysis
    of the extent to which the negotiating objective set forth in
    subsection (a) of this section is achieved by such agreement in
    each product sector or product sectors.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 104, Jan. 3, 1975, 88 Stat. 1984;
    1979 Reorg. Plan No. 3, Sec. 1(b)(1), eff. Jan. 2, 1980, 44 F.R.
    69273, 93 Stat. 1381; Pub. L. 98-573, title III, Sec.
    306(c)(2)(C)(i), Oct. 30, 1984, 98 Stat. 3012.)

-CHANGE-
                              CHANGE OF NAME                          
      "United States Trade Representative" substituted for "Special
    Representative for Trade Negotiations" in subsec. (c), pursuant to
    Reorg. Plan No. 3 of 1979, Sec. 1(b)(1), 44 F.R. 69273, 93 Stat.
    1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.
    Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under
    section 2171 of this title. See, also, section 2171 of this title
    as amended by Pub. L. 97-456.


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (c). Pub. L. 98-573 inserted "or non-Federal
    governmental" after "private".

-End-



-CITE-
    19 USC Sec. 2114a                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2114a. Negotiating objectives with respect to trade in
      services, foreign direct investment, and high technology products

-STATUTE-
    (a) Trade in services
      (1) In general
        Principal United States negotiating objectives under section
      2112 of this title shall be - 
          (A) to reduce or to eliminate barriers to, or other
        distortions of, international trade in services (particularly
        United States service sector trade in foreign markets),
        including barriers that deny national treatment and
        restrictions on the establishment and operation in such
        markets; and
          (B) to develop internationally agreed rules, including
        dispute settlement procedures, which - 
            (i) are consistent with the commercial policies of the
          United States, and
            (ii) will reduce or eliminate such barriers or distortions
          and help ensure open international trade in services.
      (2) Domestic objectives
        In pursuing the objectives described in paragraph (1), United
      States negotiators shall take into account legitimate United
      States domestic objectives including, but not limited to, the
      protection of legitimate health or safety, essential security,
      environmental, consumer or employment opportunity interests and
      the laws and regulations related thereto.
    (b) Foreign direct investment
      (1) In general
        Principal United States negotiating objectives under section
      2112 of this title shall be - 
          (A) to reduce or to eliminate artificial or trade-distorting
        barriers to foreign direct investment, to expand the principle
        of national treatment, and to reduce unreasonable barriers to
        establishment; and
          (B) to develop internationally agreed rules, including
        dispute settlement procedures, which - 
            (i) will help ensure a free flow of foreign direct
          investment, and
            (ii) will reduce or eliminate the trade distortive effects
          of certain investment related measures.
      (2) Domestic objectives
        In pursuing the objectives described in paragraph (1), United
      States negotiators shall take into account legitimate United
      States domestic objectives including, but not limited to, the
      protection of legitimate health or safety, essential security,
      environmental, consumer or employment opportunity interests and
      the laws and regulations related thereto.
    (c) High technology products
      Principal United States negotiating objectives shall be - 
        (1) to obtain and preserve the maximum openness with respect to
      international trade and investment in high technology products
      and related services;
        (2) to obtain the elimination or reduction of, or compensation
      for, the significantly distorting effects of foreign government
      acts, policies, or practices identified in section 2241 of this
      title, with particular consideration given to the nature and
      extent of foreign government intervention affecting United States
      exports of high technology products or investments in high
      technology industries, including - 
          (A) foreign industrial policies which distort international
        trade or investment;
          (B) measures which deny national treatment or otherwise
        discriminate in favor of domestic high technology industries;
          (C) measures which fail to provide adequate and effective
        means for foreign nationals to secure, exercise, and enforce
        exclusive rights in intellectual property (including
        trademarks, patents, and copyrights);
          (D) measures which impair access to domestic markets for key
        commodity products; and
          (E) measures which facilitate or encourage anticompetitive
        market practices or structures;

        (3) to obtain commitments that official policy of foreign
      countries or instrumentalities will not discourage government or
      private procurement of foreign high technology products and
      related services;
        (4) to obtain the reduction or elimination of all tariffs on,
      and other barriers to, United States exports of high technology
      products and related services;
        (5) to obtain commitments to foster national treatment;
        (6) to obtain commitments to - 
          (A) foster the pursuit of joint scientific cooperation
        between companies, institutions or governmental entities of the
        United States and those of the trading partners of the United
        States in areas of mutual interest through such measures as
        financial participation and technical and personnel exchanges,
        and
          (B) ensure that access by all participants to the results of
        any such cooperative efforts should not be impaired; and

        (7) to provide effective minimum safeguards for the acquisition
      and enforcement of intellectual property rights and the property
      value of proprietary data.
    (d) Definition of barriers and other distortions
      For purposes of subsection (a) of this section, the term
    "barriers to, or other distortions of, international trade in
    services" includes, but is not limited to - 
        (1) barriers to establishment in foreign markets, and
        (2) restrictions on the operation of enterprises in foreign
      markets, including - 
          (A) direct or indirect restrictions on the transfer of
        information into, or out of, the country or instrumentality
        concerned, and
          (B) restrictions on the use of data processing facilities
        within or outside of such country or instrumentality.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 104A, as added Pub. L. 98-573, title
    III, Sec. 305(a)(1), Oct. 30, 1984, 98 Stat. 3006.)

-End-



-CITE-
    19 USC Sec. 2114b                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2114b. Provisions relating to international trade in services

-STATUTE-
      (1) The Secretary of Commerce shall establish a service
    industries development program designed to - 
        (A) develop, in consultation with other Federal agencies as
      appropriate, policies regarding services that are designed to
      increase the competitiveness of United States service industries
      in foreign commerce;
        (B) develop a data base for assessing the adequacy of
      Government policies and actions pertaining to services,
      including, but not limited to, data on trade, both aggregate and
      pertaining to individual service industries;
        (C) collect and analyze, in consultation with appropriate
      agencies, information pertaining to the international operations
      and competitiveness of United States service industries,
      including information with respect to - 
          (i) policies of foreign governments toward foreign and United
        States service industries;
          (ii) Federal, State, and local regulation of both foreign and
        United States suppliers of services, and the effect of such
        regulation on trade;
          (iii) the adequacy of current United States policies to
        strengthen the competitiveness of United States service
        industries in foreign commerce, including export promotion
        activities in the service sector;
          (iv) tax treatment of services, with particular emphasis on
        the effect of United States taxation on the international
        competitiveness of United States firms and exports;
          (v) treatment of services under international agreements of
        the United States;
          (vi) antitrust policies as such policies affect the
        competitiveness of United States firms; and
          (vii) treatment of services in international agreements of
        the United States;

        (D) conduct a program of research and analysis of service-
      related issues and problems, including forecasts and industrial
      strategies; and
        (E) conduct sectoral studies of domestic service industries.

      (2) For purposes of the collection and analysis required by
    paragraph (1), and for the purpose of any reporting the Department
    of Commerce makes under paragraph (3), such collection and
    reporting shall distinguish between income from investment and
    income from noninvestment services.
      (3) On not less than a biennial basis beginning in 1986, the
    Secretary shall prepare a report which analyzes the information
    collected under paragraph (1). Such report shall be submitted to
    the Congress and to the President by not later than the date that
    is 120 days after the close of the period covered by the report.
      (4) The Secretary of Commerce shall carry out the provisions of
    this subsection from funds otherwise made available to him which
    may be used for such purposes.
      (5) For purposes of this section, the term "services" means
    economic activities whose outputs are other than tangible goods.
    Such term includes, but is not limited to, banking, insurance,
    transportation, postal and delivery services, communications and
    data processing, retail and wholesale trade, advertising,
    accounting, construction, design and engineering, management
    consulting, real estate, professional services, entertainment,
    education, health care, and tourism.

-SOURCE-
    (Pub. L. 98-573, title III, Sec. 306(a), Oct. 30, 1984, 98 Stat.
    3008; Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 633(c)],
    Oct. 21, 1998, 112 Stat. 2681-480, 2681-524.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Trade and
    Investment Act, and also as part of the Trade and Tariff Act of
    1984, and not as part of the Trade Act of 1974 which comprises this
    chapter.
      Section is comprised of subsec. (a) of section 306 of Pub. L. 98-
    573. Subsec. (b) of such section amended sections 3101, 3103, and
    3104 of Title 22, Foreign Relations and Intercourse, and enacted a
    provision set out as a note under section 3101 of Title 22, subsec.
    (c)(1), (2)(A) of such section is classified to section 2114c of
    this title, and subsec. (c)(2)(B), (C) of such section amended
    sections 2114, 2155, 2413, and 2414 of this title.


-MISC1-
                                AMENDMENTS                            
      1998 - Par. (5). Pub. L. 105-277, which directed the amendment of
    par. (5) by inserting "postal and delivery services," after
    "transportation." in second sentence, was executed by making the
    insertion after "transportation," to reflect the probable intent of
    Congress.

-End-



-CITE-
    19 USC Sec. 2114c                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2114c. Trade in services: development, coordination, and
      implementation of Federal policies; staff support and other
      assistance; specific service sector authorities unaffected;
      executive functions

-STATUTE-
      (1)(A) The United States Trade Representative, through the
    interagency trade organization established pursuant to section
    1872(a) of this title or any subcommittee thereof, shall, in
    conformance with this Act and other provisions of law, develop (and
    coordinate the implementation of) United States policies concerning
    trade in services.
      (B) In order to encourage effective development, coordination,
    and implementation of United States policies on trade in services -
    
        (i) each department or agency of the United States responsible
      for the regulation of any service sector industry shall, as
      appropriate, advise and work with the United States Trade
      Representative concerning matters that have come to the
      department's or agency's attention with respect to - 
          (I) the treatment afforded United States service sector
        interest in foreign markets; or
          (II) allegations of unfair practices by foreign governments
        or companies in a service sector; and

        (ii) the Department of Commerce, together with other
      appropriate agencies as requested by the United States Trade
      Representative, shall provide staff support and other assistance
      for negotiations on service-related issues by the United States
      Trade Representatives (!1) and the domestic implementation of
      service-related agreements.


      (C) Nothing in this paragraph shall be construed to alter any
    existing authority or responsibility with respect to any specific
    service sector.
      (2)(A) (!2) The President shall, as he deems appropriate - 

        (i) consult with State governments on issues of trade policy,
      including negotiating objectives and implementation of trade
      agreements, affecting the regulatory authority of non-Federal
      governments, or their procurement of goods and services;
        (ii) establish one or more intergovernmental policy advisory
      committees on trade which shall serve as a principal forum in
      which State and local governments may consult with the Federal
      Government with respect to the matters described in clause (i);
      and
        (iii) provide to State and local governments and to United
      States service industries, upon their request, advice,
      assistance, and (except as may be otherwise prohibited by law)
      data, analyses, and information concerning United States policies
      on international trade in services.

-SOURCE-
    (Pub. L. 98-573, title III, Sec. 306(c)(1), (2)(A), Oct. 30, 1984,
    98 Stat. 3010, 3011.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in par. (1)(A), is Pub. L. 98-573, Oct. 30,
    1984, 98 Stat. 2984, known as the Trade and Tariff Act of 1984. For
    classification of this Act to the Code, see Short Title of 1984
    Amendment note set out under section 1654 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Trade and
    Investment Act, and also as part of the Trade and Tariff Act of
    1984, and not as part of the Trade Act of 1974 which comprises this
    chapter.
      Section is comprised of subsec. (c)(1), (2)(A) of section 306 of
    Pub. L. 98-573. Subsec. (a) of such section is classified to
    section 2114(b) of this title, subsec. (b) of such section amended
    sections 3101, 3103, and 3104 of Title 22, Foreign Relations and
    Intercourse, and enacted a provision set out as a note under
    section 3101 of Title 22, and subsec. (c)(2)(B), (C) of such
    section amended sections 2114, 2155, 2413, and 2414 of this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "Representative".

    (!2) See Codification note below.


-End-



-CITE-
    19 USC Sec. 2114d                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2114d. Foreign export requirements; consultations and
      negotiations for reduction and elimination; restrictions on and
      exclusion from entry of products or services; savings provision;
      compensation authority applicable

-STATUTE-
      (1) If the United States Trade Representative, with the advice of
    the committee established by section 1872 of this title, determines
    that action by the United States is appropriate to respond to any
    export performance requirements of any foreign country or
    instrumentality that adversely affect the economic interests of the
    United States, then the United States Trade Representative shall
    seek to obtain the reduction and elimination of such export
    performance requirements through consultations and negotiations
    with the foreign country or instrumentality concerned.
      (2) In addition to the action referred to in subsection (1), the
    United States Trade Representative may impose duties or other
    import restrictions on the products or services of such foreign
    country or instrumentality for such time as he determines
    appropriate, including the exclusion from entry into the United
    States of products subject to such requirements.
      (3) Nothing in paragraph (2) shall apply to any products or
    services with respect to which - 
        (A) any foreign direct investment (including a purchase of land
      or facilities) has been made directly or indirectly by any United
      States person before October 30, 1984, or
        (B) any written commitment relating to a foreign direct
      investment that is binding on October 30, 1984, has been made
      directly or indirectly by any United States person.

      (4) Whenever the international obligations of the United States
    and actions taken under paragraph (2) make compensation necessary
    or appropriate, compensation may be provided by the United States
    Trade Representative subject to the limitations and conditions
    contained in section 2133 of this title for providing compensation
    for actions taken under section 2253 of this title.

-SOURCE-
    (Pub. L. 98-573, title III, Sec. 307(b), Oct. 30, 1984, 98 Stat.
    3012; Pub. L. 99-514, title XVIII, Sec. 1889(5), Oct. 22, 1986, 100
    Stat. 2926.)

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Trade and
    Investment Act, and also as part of the Trade and Tariff Act of
    1984, and not as part of the Trade Act of 1974 which comprises this
    chapter.
      Section is comprised of subsec. (b) of section 307 of Pub. L. 98-
    573. Subsec. (a) of such section amended section 2112(g)(3) of
    this title.


-MISC1-
                                AMENDMENTS                            
      1986 - Par. (3). Pub. L. 99-514 struck out "or paragraph (3)"
    after "paragraph (2)".

            PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989        
      For provisions directing that if any amendments made by subtitle
    A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or
    title XVIII [Secs. 1801-1899A] of Pub. L. 99-514 require an
    amendment to any plan, such plan amendment shall not be required to
    be made before the first plan year beginning on or after Jan. 1,
    1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
    note under section 401 of Title 26, Internal Revenue Code.

-End-



-CITE-
    19 USC Sec. 2114e                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2114e. Negotiation of agreements concerning high technology
      industries

-STATUTE-
      The President may enter into such bilateral or multilateral
    agreements as may be necessary or appropriate to achieve the
    objectives of this section and the negotiating objectives under
    section 2114a(c) of this title.

-SOURCE-
    (Pub. L. 98-573, title III, Sec. 308(a), Oct. 30, 1984, 98 Stat.
    3013.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This section, referred to in text, means section 308 of Pub. L.
    98-573. See Codification note below.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the International Trade and
    Investment Act, and also as part of the Trade and Tariff Act of
    1984, and not as part of the Trade Act of 1974 which comprises this
    chapter.
      Section is comprised of subsec. (a) of section 308 of Pub. L. 98-
    573. Subsec. (b) of such section 308 enacted section 2138 of this
    title.

-End-



-CITE-
    19 USC Sec. 2115                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2115. Bilateral trade agreements

-STATUTE-
      If the President determines that bilateral trade agreements will
    more effectively promote the economic growth of, and full
    employment in, the United States, then, in such cases, a
    negotiating objective under sections 2111 and 2112 of this title
    shall be to enter into bilateral trade agreements. Each such trade
    agreement shall provide for mutually advantageous economic
    benefits.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 105, Jan. 3, 1975, 88 Stat. 1984.)

-End-



-CITE-
    19 USC Sec. 2116                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2116. Agreements with developing countries

-STATUTE-
      A United States negotiating objective under sections 2111 and
    2112 of this title shall be to enter into trade agreements which
    promote the economic growth of both developing countries and the
    United States and the mutual expansion of market opportunities.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 106, Jan. 3, 1975, 88 Stat. 1985.)

-End-



-CITE-
    19 USC Sec. 2117                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2117. International safeguard procedures

-STATUTE-
    (a) Harmonization, reduction, or elimination of barriers and
      distortions affecting international trade; use of temporary
      measures
      A principal United States negotiating objective under section
    2112 of this title shall be to obtain internationally agreed upon
    rules and procedures, in the context of the harmonization,
    reduction, or elimination of barriers to, and other distortions of,
    international trade, which permit the use of temporary measures to
    ease adjustment to changes occurring in competitive conditions in
    the domestic markets of the parties to an agreement resulting from
    such negotiations due to the expansion of international trade.
    (b) Permissible provisions
      Any agreement entered into under section 2112 of this title may
    include provisions establishing procedures for - 
        (1) notification of affected exporting countries,
        (2) international consultations,
        (3) international review of changes in trade flows,
        (4) making adjustments in trade flows as the result of such
      changes, and
        (5) international mediation.

    Such agreements may also include provisions which - 
        (A) exclude, under specified conditions, the parties thereto
      from compensation obligations and retaliation, and
        (B) permit domestic public procedures through which interested
      parties have the right to participate.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 107, Jan. 3, 1975, 88 Stat. 1985.)

-End-



-CITE-
    19 USC Sec. 2118                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2118. Access to supplies

-STATUTE-
    (a) Fair and equitable access
      A principal United States negotiating objective under section
    2112 of this title shall be to enter into trade agreements with
    foreign countries and instrumentalities to assure the United States
    of fair and equitable access at reasonable prices to supplies of
    articles of commerce which are important to the economic
    requirements of the United States and for which the United States
    does not have, or cannot easily develop, the necessary domestic
    productive capacity to supply its own requirements.
    (b) Continued availability; reciprocal concessions; comparable
      trade obligations
      Any agreement entered into under section 2112 of this title may
    include provisions which - 
        (1) assure to the United States the continued availability of
      important articles at reasonable prices, and
        (2) provide reciprocal concessions or comparable trade
      obligations, or both, by the United States.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 108, Jan. 3, 1975, 88 Stat. 1985.)

-End-



-CITE-
    19 USC Sec. 2119                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 1 - Rates of Duty and Other Trade Barriers

-HEAD-
    Sec. 2119. Staging requirements and rounding authority

-STATUTE-
    (a) Maximum aggregate reductions in rates of duty
      Except as otherwise provided in this section, the aggregate
    reduction in the rate of duty on any article which is in effect on
    any day pursuant to a trade agreement under section 2111 of this
    title shall not exceed the aggregate reduction which would have
    been in effect on such day if - 
        (1) a reduction of 3 percent ad valorem or a reduction of one-
      tenth of the total reduction, whichever is greater, had taken
      effect on the effective date of the first reduction proclaimed
      pursuant to section 2111(a)(2) of this title to carry out such
      agreement with respect to such article, and
        (2) a reduction equal to the amount applicable under paragraph
      (1) had taken effect at 1-year intervals after the effective date
      of such first reduction.

    This subsection shall not apply in any case where the total
    reduction in the rate of duty does not exceed 10 percent of the
    rate before the reduction.
    (b) Simplification of computation
      If the President determines that such action will simplify the
    computation of the amount of duty imposed with respect to an
    article, he may exceed the limitation provided by section 2111(b)
    of this title or subsection (a) of this section by not more than
    whichever of the following is lesser:
        (1) the difference between the limitation and the next lower
      whole number, or
        (2) one-half of 1 percent ad valorem.
    (c) Ten-year period for commencement of reductions in rates of duty
      (1) No reduction in the rate of duty on any article pursuant to a
    trade agreement under section 2111 of this title shall take effect
    more than 10 years after the effective date of the first reduction
    proclaimed to carry out such trade agreement with respect to such
    article.
      (2) If any part of a reduction takes effect, then any time
    thereafter during which any part of the reduction is not in effect
    by reason of legislation of the United States or action thereunder,
    the effect of which is to maintain or increase the rate of duty on
    an article, shall be excluded in determining - 
        (A) the 1-year intervals referred to in subsection (a)(2) of
      this section, and
        (B) the expiration of the 10-year period referred to in
      paragraph (1) of this subsection.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 109, Jan. 3, 1975, 88 Stat. 1985;
    Pub. L. 96-39, title XI, Sec. 1106(c)(3), July 26, 1979, 93 Stat.
    312.)


-MISC1-
                                AMENDMENTS                            
      1979 - Subsec. (c)(2). Pub. L. 96-39 substituted "any part of the
    reduction" for "such part of the reduction".

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.

                   STAGING OF CERTAIN TARIFF REDUCTIONS               
      Section 503 of Pub. L. 96-39 provided that:
      "(a) In General. - The aggregate reduction in the rate of duty
    applicable to items described in this subsection in effect on any
    day pursuant to a trade agreement entered into under section 101 of
    the Trade Act of 1974 [19 U.S.C. 2111] before January 3, 1980, may
    exceed the limitation in section 109(a) of such Act (19 U.S.C.
    2119):
        "(1) Items amended under section 223(d) of this Act [items
      402.00 to 413.51 of the Tariff Schedules] to the extent that they
      apply to articles which the President determines were not
      imported into the United States before January 1, 1978, and were
      not produced in the United States before May 1, 1978.
        "(2)(A) Items to the extent that they apply to articles which
      the President determines are not import sensitive and are the
      product of a least developed developing country as defined in the
      United Nations General Assembly list of "Least Developed
      Countries" and which are beneficiary developing countries under
      section 502 of the Trade Act of 1974 [19 U.S.C. 2462].
        "(B) The President may at any time suspend the treatment
      accorded under subparagraph (A) in which case the aggregate
      reduction in effect for such products shall be the reduction in
      effect for countries other than least developed developing
      countries.
        "(3) Item 628.57. Notwithstanding the first sentence of this
      subsection, the limitation in section 109(a) of the Trade Act of
      1974 may be exceeded only to the extent necessary to permit an
      aggregate reduction of 4.8 percent ad valorem in the rate of duty
      in effect under such item during the first 1-year period after
      the effective date of the first reduction in the rate of duty
      proclaimed for such item.
        "(4) Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and
      429.47.
        "(5) Items 306.31, 306.32, 306.33, and 306.34. Notwithstanding
      subsection (a), the limitation in section 109(a) of the Trade Act
      of 1974 may be exceeded only to the extent necessary to permit
      the total reduction proclaimed under section 101 of the Trade Act
      of 1974 relating to such item to take effect within 2 years after
      the effective date of the first reduction in the rate of duty
      proclaimed for such item.
        "(6) Items for which the President determines the effective
      date of the first reduction will be after June 30, 1980, and
      before January 1, 1981, to the extent necessary to permit the
      second reduction to take effect on January 1, 1981.
      "(b) Opportunity for Comment. - Before making any determination
    under subsection (a)(1) and (2), the President shall provide
    interested parties an opportunity to comment and shall publish his
    final determinations in the Federal Register before July 1, 1980."

-End-


-CITE-
    19 USC Part 2 - Other Authority                             01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
                         PART 2 - OTHER AUTHORITY                     

-End-



-CITE-
    19 USC Sec. 2131                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2131. Authorization of appropriation for GATT revision

-STATUTE-
      There are authorized to be appropriated annually such sums as may
    be necessary for the payment by the United States of its share of
    the expenses of the Contracting Parties to the General Agreement on
    Tariffs and Trade. This authorization does not imply approval or
    disapproval by the Congress of all articles of the General
    Agreement on Tariffs and Trade.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 121, Jan. 3, 1975, 88 Stat. 1986;
    Pub. L. 96-39, title XI, Sec. 1106(c)(2), July 26, 1979, 93 Stat.
    311; Pub. L. 100-418, title I, Sec. 1107(b)(2), Aug. 23, 1988, 102
    Stat. 1135; Pub. L. 100-647, title IX, Sec. 9001(a)(1), Nov. 10,
    1988, 102 Stat. 3806.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-647 substituted "There are" for "(d) There
    are".
      Subsecs. (a) to (c). Pub. L. 100-418 struck out subsec. (a) which
    provided for bringing existing trade agreements into conformity
    with principles promoting open, nondiscriminatory, and fair world
    economic system, subsec. (b) which provided for agreements with
    foreign countries or instrumentalities, and subsec. (c) which
    provided for changes in Federal law through legislation
    implementing trade agreements.
      1979 - Subsec. (c). Pub. L. 96-39 substituted "Such trade
    agreement may be entered into under section 2112 of this title" for
    "Such trade agreement may be submitted to the Congress for approval
    in accordance with the procedures of section 2191 of this title".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-647 applicable as if such amendment took
    effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 58c of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.

-End-



-CITE-
    19 USC Sec. 2132                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2132. Balance-of-payments authority

-STATUTE-
    (a) Presidential proclamations of temporary import surcharges and
      temporary limitations on imports through quotas in situations of
      fundamental international payments problems
      Whenever fundamental international payments problems require
    special import measures to restrict imports - 
        (1) to deal with large and serious United States balance-of-
      payments deficits.
        (2) to prevent an imminent and significant depreciation of the
      dollar in foreign exchange markets, or
        (3) to cooperate with other countries in correcting an
      international balance-of-payments disequilibrium,

    the President shall proclaim, for a period not exceeding 150 days
    (unless such period is extended by Act of Congress) - 
        (A) a temporary import surcharge, not to exceed 15 percent ad
      valorem, in the form of duties (in addition to those already
      imposed, if any) on articles imported into the United States;
        (B) temporary limitations through the use of quotas on the
      importation of articles into the United States; or
        (C) both a temporary import surcharge described in subparagraph
      (A) and temporary limitations described in subparagraph (B).

    The authority delegated under subparagraph (B) (and so much of
    subparagraph (C) as relates to subparagraph (B)) may be exercised
    (i) only if international trade or monetary agreements to which the
    United States is a party permit the imposition of quotas as a
    balance-of-payments measure, and (ii) only to the extent that the
    fundamental imbalance cannot be dealt with effectively by a
    surcharge proclaimed pursuant to subparagraph (A) or (C). Any
    temporary import surcharge proclaimed pursuant to subparagraph (A)
    or (C) shall be treated as a regular customs duty.
    (b) Import restrictions not imposed when contrary to national
      interest of United States
      If the President determines that the imposition of import
    restrictions under subsection (a) of this section will be contrary
    to the national interest of the United States, then he may refrain
    from proclaiming such restrictions and he shall - 
        (1) immediately inform Congress of his determination, and
        (2) immediately convene the group of congressional official
      advisers designated under section 2211(a) of this title and
      consult with them as to the reasons for such determination.
    (c) Presidential proclamations liberalizing imports
      Whenever the President determines that fundamental international
    payments problems require special import measures to increase
    imports - 
        (1) to deal with large and persistent United States balance-of-
      trade surpluses, as determined on the basis of the cost-
      insurance-freight value of imports, as reported by the Bureau of
      the Census, or
        (2) to prevent significant appreciation of the dollar in
      foreign exchange markets,

    the President is authorized to proclaim, for a period of 150 days
    (unless such period is extended by Act of Congress) - 
        (A) a temporary reduction (of not more than 5 percent ad
      valorem) in the rate of duty on any article; and
        (B) a temporary increase in the value or quantity of articles
      which may be imported under any import restriction, or a
      temporary suspension of any import restriction.

    Import liberalizing actions proclaimed pursuant to this subsection
    shall be of broad and uniform application with respect to product
    coverage except that the President shall not proclaim measures
    under this subsection with respect to those articles where in his
    judgment such action will cause or contribute to material injury to
    firms or workers in any domestic industry, including agriculture,
    mining, fishing, or commerce, or to impairment of the national
    security, or will otherwise be contrary to the national interest.
    (d) Nondiscriminatory treatment of import restricting actions
      (1) Import restricting actions proclaimed pursuant to subsection
    (a) of this section shall be applied consistently with the
    principle of nondiscriminatory treatment. In addition, any quota
    proclaimed pursuant to subparagraph (B) of subsection (a) of this
    section shall be applied on a basis which aims at a distribution of
    trade with the United States approaching as closely as possible
    that which various foreign countries might have expected to obtain
    in the absence of such restrictions.
      (2) Notwithstanding paragraph (1), if the President determines
    that the purposes of this section will best be served by action
    against one or more countries having large or persistent balance-of-
    payments surpluses, he may exempt all other countries from such
    action.
      (3) After such time when there enters into force for the United
    States new rules regarding the application of surcharges as part of
    a reform of internationally agreed balance-of-payments adjustment
    procedures, the exemption authority contained in paragraph (2)
    shall be applied consistently with such new international rules.
      (4) It is the sense of Congress that the President seek
    modifications in international agreements aimed at allowing the use
    of surcharges in place of quantitative restrictions (and providing
    rules to govern the use of such surcharges) as a balance-of-
    payments adjustment measure within the context of arrangements for
    an equitable sharing of balance-of-payments adjustment
    responsibility among deficit and surplus countries.
    (e) Broad and uniform application of import restricting actions
      Import restricting actions proclaimed pursuant to subsection (a)
    of this section shall be of broad and uniform application with
    respect to product coverage except where the President determines,
    consistently with the purposes of this section, that certain
    articles should not be subject to import restricting actions
    because of the needs of the United States economy. Such exceptions
    shall be limited to the unavailability of domestic supply at
    reasonable prices, the necessary importation of raw materials,
    avoiding serious dislocations in the supply of imported goods, and
    other similar factors. In addition, uniform exceptions may be made
    where import restricting actions will be unnecessary or ineffective
    in carrying out the purposes of this section, such as with respect
    to articles already subject to import restrictions, goods in
    transit, or goods under binding contract. Neither the authorization
    of import restricting actions nor the determination of exceptions
    with respect to product coverage shall be made for the purpose of
    protecting individual domestic industries from import competition.
    (f) Quantitative limitations
      Any quantitative limitation proclaimed pursuant to subparagraph
    (B) or (C) of subsection (a) of this section on the quantity or
    value, or both, of an article - 
        (1) shall permit the importation of a quantity or value which
      is not less than the quantity or value of such article imported
      into the United States from the foreign countries to which such
      limitation applies during the most recent period which the
      President determines is representative of imports of such
      article, and
        (2) shall take into account any increase since the end of such
      representative period in domestic consumption of such article and
      like or similar articles of domestic manufacture or production.
    (g) Suspension, modification, or termination of proclamations
      The President may at any time, consistent with the provisions of
    this section, suspend, modify, or terminate, in whole or in part,
    any proclamation under this section either during the initial 150-
    day period of effectiveness or as extended by subsequent Act of
    Congress.
    (h) Termination of tariff concessions
      No provision of law authorizing the termination of tariff
    concessions shall be used to impose a surcharge on imports into the
    United States.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 122, Jan. 3, 1975, 88 Stat. 1987.)

-End-



-CITE-
    19 USC Sec. 2133                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2133. Compensation authority

-STATUTE-
    (a) New concessions
      Whenever - 
        (1) any action taken under part 1 of subchapter II of this
      chapter or subchapter III of this chapter, or under part 2 of
      subchapter IV of this chapter; or
        (2) any judicial or administrative tariff reclassification that
      becomes final after August 23, 1988;

    increases or imposes any duty or other import restriction, the
    President - 
        (A) may enter into trade agreements with foreign countries or
      instrumentalities for the purpose of granting new concessions as
      compensation in order to maintain the general level of reciprocal
      and mutually advantageous concessions; and
        (B) may proclaim such modification or continuance of any
      existing duty, or such continuance of existing duty-free or
      excise treatment, as he determines to be required or appropriate
      to carry out any such agreement.
    (b) Reductions in rates of duty
      (1) No proclamation shall be made pursuant to subsection (a) of
    this section decreasing any rate of duty to a rate which is less
    than 70 percent of the existing rate of duty.
      (2) Where the rate of duty in effect at any time is an
    intermediate stage under section 2902(a) of this title, the
    proclamation made pursuant to subsection (a) of this section may
    provide for the reduction of each rate of duty at each such stage
    proclaimed under such section 2902(a) of this title by not more
    than 30 percent of such rate of duty, and may provide for a final
    rate of duty which is not less than 70 percent of the rate of duty
    proclaimed as the final stage under such section 2902(a) of this
    title.
      (3) If the President determines that such action will simplify
    the computation of the amount of duty imposed with respect to an
    article, he may exceed the limitations provided by paragraphs (1)
    and (2) of this subsection by not more than the lesser of - 
        (A) the difference between such limitation and the next lower
      whole number, or
        (B) one-half of 1 percent ad valorem.

      (4) Any concessions granted under subsection (a)(1) of this
    section shall be reduced and terminated according to substantially
    the same time schedule for reduction applicable to the relevant
    action under sections 2253(e) and 2254 of this title.
    (c) Consideration of past violations of trade concessions
      Before entering into any trade agreement under this section with
    any foreign country or instrumentality, the President shall
    consider whether such country or instrumentality has violated trade
    concessions of benefit to the United States and such violation has
    not been adequately offset by the action of the United States or by
    such country or instrumentality.
    (d) Basic authority for trade agreements as authority for granting
      new concessions as compensation
      Notwithstanding the provisions of subsection (a) of this section,
    the authority delegated under section 2902 of this title shall be
    used for the purpose of granting new concessions as compensation
    within the meaning of this section until such authority terminates.
    (e) International obligations determination prerequisite to
      application of authority
      The provisions of this section shall apply by reason of action
    taken under subchapter III of this chapter only if the President
    determines that action authorized under this section is necessary
    or appropriate to meet the international obligations of the United
    States.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 123, Jan. 3, 1975, 88 Stat. 1989;
    Pub. L. 100-418, title I, Secs. 1104, 1401(b)(1)(A), Aug. 23, 1988,
    102 Stat. 1132, 1239; Pub. L. 106-286, div. A, title I, Sec. 104,
    Oct. 10, 2000, 114 Stat. 891.)


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (a)(1). Pub. L. 106-286 inserted ", or under part
    2 of subchapter IV of this chapter" after "subchapter III of this
    chapter".
      1988 - Subsec. (a). Pub. L. 100-418, Sec. 1104(1), amended
    subsec. (a) generally. Prior to amendment, subsec. (a) read as
    follows: "Whenever any action has been taken under section 2253 of
    this title to increase or impose any duty or other import
    restriction, the President - 
        "(1) may enter into trade agreements with foreign countries or
      instrumentalities for the purpose of granting new concessions as
      compensation in order to maintain the general level of reciprocal
      and mutually advantageous concessions; and
        "(2) may proclaim such modification or continuance of any
      existing duty, or such continuance of existing duty-free or
      excise treatment, as he determines to be required or appropriate
      to carry out any such agreement."
      Subsec. (b)(2). Pub. L. 100-418, Sec. 1104(2), substituted
    "section 2902(a)" for "section 2119" and "such section 2902(a)" for
    "section 2111" in two places.
      Subsec. (b)(4). Pub. L. 100-418, Sec. 1401(b)(1)(A), substituted
    "action under sections 2253(e) and 2254 of this title" for "import
    relief under section 2253(h) of this title".
      Subsec. (d). Pub. L. 100-418, Sec. 1104(3), substituted "section
    2902" for "section 2111".
      Subsec. (e). Pub. L. 100-418, Sec. 1104(4), added subsec. (e).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 1401(b)(1)(A) of Pub. L. 100-418 effective
    Aug. 23, 1988, and applicable with respect to investigations
    initiated under part 1 (Sec. 2251 et seq.) of subchapter III of
    this chapter on or after that date, see section 1401(c) of Pub. L.
    100-418, set out as a note under section 2251 of this title.

-End-



-CITE-
    19 USC Sec. 2134                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2134. Two-year residual authority to negotiate duties

-STATUTE-
    (a) Trade agreements
      Whenever the President determines that any existing duties or
    other import restrictions of any foreign country or the United
    States are unduly burdening and restricting the foreign trade of
    the United States and that the purposes of this chapter will be
    promoted thereby, the President - 
        (1) may enter into trade agreements with foreign countries or
      instrumentalities thereof, and
        (2) may proclaim such modification or continuance of any
      existing duty, such continuance of existing duty-free or excise
      treatment, or such additional duties, as he determines to be
      required or appropriate to carry out any such trade agreement.
    (b) Maximum volume of imported articles subject to reduction of
      duties or continuance of duty-free or excise treatment
      Agreements entered into under this section in any 1-year period
    shall not provide for the reduction of duties, or the continuance
    of duty-free or excise treatment, for articles which account for
    more than 2 percent of the value of United States imports for the
    most recent 12-month period for which import statistics are
    available.
    (c) Maximum reduction in duties
      (1) No proclamation shall be made pursuant to subsection (a) of
    this section decreasing any rate of duty to a rate which is less
    than 80 percent of the existing rate of duty.
      (2) No proclamation shall be made pursuant to subsection (a) of
    this section decreasing or increasing any rate of duty to a rate
    which is lower or higher than the corresponding rate which would
    have resulted if the maximum authority granted by section 2111 of
    this title with respect to such article had been exercised.
      (3) Where the rate of duty in effect at any time is an
    intermediate stage under section 2119 of this title, the
    proclamation made pursuant to subsection (a) of this section may
    provide for the reduction of each rate of duty at each such stage
    proclaimed under section 2111 of this title by not more than 20
    percent of such rate of duty, and, subject to the limitation in
    paragraph (2), may provide for a final rate of duty which is not
    less than 80 percent of the rate of duty proclaimed as the final
    stage under section 2111 of this title.
      (4) If the President determines that such action will simplify
    the computation of the amount of duty imposed with respect to an
    article, he may exceed the limitations provided by paragraphs (1)
    and (2) of this subsection by not more than the lesser of - 
        (A) the difference between such limitation and the next lower
      whole number, or
        (B) one-half of 1 percent ad valorem.
    (d) Two-year period of authority
      Agreements may be entered into under this section only during the
    2-year period which immediately follows the close of the period
    during which agreements may be entered into under section 2111 of
    this title.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 124, Jan. 3, 1975, 88 Stat. 1990.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.

-End-



-CITE-
    19 USC Sec. 2135                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2135. Termination and withdrawal authority

-STATUTE-
    (a) Grant of authority for termination or withdrawal at end of
      period specified in agreement
      Every trade agreement entered into under this chapter shall be
    subject to termination, in whole or in part, or withdrawal, upon
    due notice, at the end of a period specified in the agreement. Such
    period shall be not more than 3 years from the date on which the
    agreement becomes effective. If the agreement is not terminated or
    withdrawn from at the end of the period so specified, it shall be
    subject to termination or withdrawal thereafter upon not more than
    6 months' notice.
    (b) Authority to terminate proclamations at any time
      The President may at any time terminate, in whole or in part, any
    proclamation made under this chapter.
    (c) Increased duties or other import restrictions following
      withdrawal, suspension, or modification of obligations with
      respect to trade of foreign countries or instrumentalities
      Whenever the United States, acting in pursuance of any of its
    rights or obligations under any trade agreement entered into
    pursuant to this chapter, section 1821 of this title, or section
    1351 of this title, withdraws, suspends, or modifies any obligation
    with respect to the trade of any foreign country or instrumentality
    thereof, the President is authorized to proclaim increased duties
    or other import restrictions, to the extent, at such times, and for
    such periods as he deems necessary or appropriate, in order to
    exercise the rights or fulfill the obligations of the United
    States. No proclamation shall be made under this subsection
    increasing any existing duty to a rate more than 50 percent above
    the rate set forth in rate column numbered 2 of the Tariff
    Schedules of the United States, as in effect on January 1, 1975, or
    20 percent ad valorem above the rate existing on January 1, 1975,
    whichever is higher.
    (d) Retaliatory authority
      Whenever any foreign country or instrumentality withdraws,
    suspends, or modifies the application of trade agreement
    obligations of benefit to the United States without granting
    adequate compensation therefor, the President, in pursuance of
    rights granted to the United States under any trade agreement and
    to the extent necessary to protect United States economic interests
    (including United States balance of payments), may - 
        (1) withdraw, suspend, or modify the application of
      substantially equivalent trade agreement obligations of benefit
      to such foreign country or instrumentality, and
        (2) proclaim under subsection (c) of this section such
      increased duties or other import restrictions as are appropriate
      to effect adequate compensation from such foreign country or
      instrumentality.
    (e) Continuation of duties or other import restrictions after
      termination of or withdrawal from agreements
      Duties or other import restrictions required or appropriate to
    carry out any trade agreement entered into pursuant to this
    chapter, section 1821 of this title, or section 1351 of this title
    shall not be affected by any termination, in whole or in part, of
    such agreement or by the withdrawal of the United States from such
    agreement and shall remain in effect after the date of such
    termination or withdrawal for 1 year, unless the President by
    proclamation provides that such rates shall be restored to the
    level at which they would be but for the agreement. Within 60 days
    after the date of any such termination or withdrawal, the President
    shall transmit to the Congress his recommendations as to the
    appropriate rates of duty for all articles which were affected by
    the termination or withdrawal or would have been so affected but
    for the preceding sentence.
    (f) Public hearings
      Before taking any action pursuant to subsection (b), (c), or (d)
    of this section, the President shall provide for a public hearing
    during the course of which interested persons shall be given a
    reasonable opportunity to be present, to produce evidence, and to
    be heard, unless he determines that such prior hearings will be
    contrary to the national interest because of the need for
    expeditious action, in which case he shall provide for a public
    hearing promptly after such action.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 125, Jan. 3, 1975, 88 Stat. 1991.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (b), (c), (e), was in the
    original "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
    1978, as amended, which is classified principally to this chapter.
    For complete classification of this Act to the Code, see References
    in Text note set out under section 2101 of this title and Tables.
      The Tariff Schedules of the United States, referred to in subsec.
    (c), to be treated as a reference to the Harmonized Tariff Schedule
    pursuant to section 3012 of this title. The Harmonized Tariff
    Schedule is not set out in the Code. See Publication of Harmonized
    Tariff Schedule note set out under section 1202 of this title.


-MISC1-
      AUTHORITY TO INCREASE DUTIES ON IMPORTS OF CERTAIN TOBACCO AND
                             TOBACCO PRODUCTS
      Pub. L. 103-465, title IV, Sec. 421, Dec. 8, 1994, 108 Stat.
    4964, provided that:
      "(a) In General. - In the application of section 125(c) of the
    Trade Act of 1974 (19 U.S.C. 2135) with respect to any item
    provided for in subheadings 2401.10.60, 2401.20.30, 2401.20.80,
    2401.30.30, 2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or
    2403.99.00 of the HTS, '350' shall be substituted for '20' where it
    appears in such section.
      "(b) Effective Date. - This section shall take effect on the date
    of the enactment of this Act [Dec. 8, 1994]."

           TARIFF REDUCTIONS UNDER TRADE AGREEMENTS ACT OF 1979       
      Pub. L. 96-39, title V, Sec. 502(b), July 26, 1979, 93 Stat. 251,
    provided that: "For purposes of section 125 (19 U.S.C. 2135) of the
    Trade Act of 1974 the amendments made under sections 508, 511, 512,
    and 513 [amending items 135.41, 135.42, 750.26, 750.27, 750.28,
    870.45, 905.10, and 905.11 of the Tariff Schedules of the United
    States. See Publication of Tariff Schedules note under section 1202
    of this title] not including the rates of duty appearing in rate
    column numbered 2, if any, shall be considered to be trade
    agreement obligations entered into under the Trade Act of 1974
    [this chapter], of benefit to foreign countries or
    instrumentalities."
      Pub. L. 96-39, title VI, Sec. 601(b), July 26, 1979, 93 Stat.
    268, provided that: "For purposes of section 125 of the Trade Act
    of 1974 [this section], the amendments made under subsection (a),
    if any [amending the Tariff Schedules of the United States with
    regard to civil aircraft (see Publication of Tariff Schedules note
    under section 1202), and, amending section 1466 of this title],
    shall be considered to be trade agreement obligations entered into
    under the Trade Act of 1974 [this chapter] of benefit to foreign
    countries or instrumentalities."
      Rates of duty proclaimed under section 855(a) of Pub. L. 96-39
    (covering spirits, spiritous beverages, and beverage preparations)
    to be deemed, for purposes of this section, a trade agreement
    obligation which is of benefit to a foreign country or
    instrumentality, and, in the case of any item affected by such a
    proclamation, the last sentence of subsec. (c) of this section to
    be applied as if it authorized (in addition to any increase
    authorized therein) an increase up to the rate of duty for such
    item set forth in rate column numbered 1 of subpart D of part 12 of
    schedule 1 of the Tariff Schedules of the United States (see
    Publication of Tariff Schedules note under section 1202 of this
    title) as amended by section 852 of Pub. L. 96-39, see section
    855(b) of Pub. L. 96-39.

           REVIEW OF INTERNATIONAL TRADE IN ALCOHOLIC BEVERAGES       
      Pub. L. 96-39, title VIII, Sec. 854, July 26, 1979, 93 Stat. 294,
    provided that:
      "(a) Review. - The President shall review foreign tariff and
    nontariff barriers affecting United States exports of alcoholic
    beverages. Not later than January 1, 1982, the President shall
    report to the Congress the results of his review.
      "(b) Withdrawal of Concessions. - If, as the result of his review
    under subsection (a), the President determines that a foreign
    country or instrumentality has not implemented concessions to the
    United States affecting alcoholic beverages which were negotiated
    in trade agreements entered into before January 3, 1980, under the
    authority of title I of the Trade Act of 1974 [this subchapter],
    the President shall withdraw, suspend, or modify the application of
    substantially equivalent trade agreement obligations of benefit to
    such foreign country or instrumentality under section 125 of the
    Trade Act of 1974 (19 U.S.C. 2135).
      "(c) Further Negotiations To Remove Barriers. - If, as the result
    of his review under subsection (a), the President determines that
    foreign tariff or nontariff barriers are unduly burdening or
    restricting the United States exports of alcoholic beverages, he
    shall enter into negotiations under the Trade Act of 1974 [this
    chapter] to eliminate or reduce such barriers."

-End-



-CITE-
    19 USC Sec. 2136                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2136. Reciprocal nondiscriminatory treatment

-STATUTE-
    (a) Direct and indirect imports
      Except as otherwise provided in this chapter or in any other
    provision of law, any duty or other import restriction or duty-free
    treatment proclaimed in carrying out any trade agreement under this
    subchapter shall apply to products of all foreign countries,
    whether imported directly or indirectly.
    (b) Presidential determination of whether major industrial
      countries have made substantially equivalent concessions to the
      United States
      The President shall determine, after the conclusion of all
    negotiations entered into under this chapter or at the end of the 5-
    year period beginning on January 3, 1975, whichever is earlier,
    whether any major industrial country has failed to make concessions
    under trade agreements entered into under this chapter which
    provide competitive opportunities for the commerce of the United
    States in such country substantially equivalent to the competitive
    opportunities, provided by concessions made by the United States
    under trade agreements entered into under this chapter, for the
    commerce of such country in the United States.
    (c) Major industrial countries
      For purposes of this section, "major industrial country" means
    Canada, the European Economic Community, the individual member
    countries of such Community, Japan, and any other foreign country
    designated by the President for purposes of this subsection.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 126, Jan. 3, 1975, 88 Stat. 1992;
    Pub. L. 105-362, title XIV, Sec. 1401(b)(1), Nov. 10, 1998, 112
    Stat. 3294.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b), was in the
    original "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
    1978, as amended, which is classified principally to this chapter.
    For complete classification of this Act to the Code, see References
    in Text note set out under section 2101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsecs. (c), (d). Pub. L. 105-362 redesignated subsec.
    (d) as (c) and struck out former subsec. (c) which related to
    recommendations to Congress for legislation following a
    Presidential determination that a major industrial country failed
    to grant equivalent concessions.

-End-



-CITE-
    19 USC Sec. 2137                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2137. Reservation of articles for national security or other
      reasons

-STATUTE-
    (a) National security considerations
      No proclamation shall be made pursuant to the provisions of this
    chapter reducing or eliminating the duty or other import
    restriction on any article if the President determines that such
    reduction or elimination would threaten to impair the national
    security.
    (b) Action taken under other laws
      While there is in effect with respect to any article any action
    taken under section 2253 of this title, or section 1862 or 1981 of
    this title, the President shall reserve such article from
    negotiations under this subchapter (and from any action under
    section 2132(c) of this title) contemplating reduction or
    elimination of - 
        (A) any duty on such article,
        (B) any import restriction imposed under such section, or
        (C) any other import restriction, the removal of which will be
      likely to undermine the effect of the import restrictions
      referred to in subparagraph (B).

    In addition, the President shall also so reserve any other article
    which he determines to be appropriate, taking into consideration
    information and advice available pursuant to and with respect to
    the matters covered by sections 2151, 2152, and 2153 of this title,
    where applicable.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 127(a), (b), Jan. 3, 1975, 88 Stat.
    1993.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a), was in the original
    "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) and (b) of section 127 of
    act Jan. 3, 1975. Subsec. (c) of such section was classified to
    section 1863 of this title, prior to its repeal by Pub. L. 100-418,
    title I, Sec. 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and
    subsec. (d) amended section 1862 of this title.

-End-



-CITE-
    19 USC Sec. 2138                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 2 - Other Authority

-HEAD-
    Sec. 2138. Omitted

-COD-
                               CODIFICATION                           
      Section, Pub. L. 93-618, title I, Sec. 128, as added Pub. L. 98-
    573, title III, Sec. 308(b)(1), Oct. 30, 1984, 98 Stat. 3013;
    amended Pub. L. 99-514, title XVIII, Sec. 1887(b)(1), Oct. 22,
    1986, 100 Stat. 2924; Pub. L. 100-418, title I, Secs. 1214(j)(1),
    1215, Aug. 23, 1988, 102 Stat. 1158, 1163; Pub. L. 100-647, title
    IX, Sec. 9001(a)(3), Nov. 10, 1988, 102 Stat. 3806, related to
    modification and continuance of treatment with respect to duties on
    high technology products, was omitted pursuant to subsec. (c) which
    provided that the President could exercise authority under this
    section only during the 5-year period beginning on Oct. 30, 1984.

-End-


-CITE-
    19 USC Part 3 - Hearings and Advice Concerning
                     Negotiations                          01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-
           PART 3 - HEARINGS AND ADVICE CONCERNING NEGOTIATIONS       

-End-



-CITE-
    19 USC Sec. 2151                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-
    Sec. 2151. Advice from International Trade Commission

-STATUTE-
    (a) Lists of articles which may be considered for action
      (1) In connection with any proposed trade agreement under section
    2133 of this title or section 3803(a) or (b) of this title, the
    President shall from time to time publish and furnish the
    International Trade Commission (hereafter in this section referred
    to as the "Commission") with lists of articles which may be
    considered for modification or continuance of United States duties,
    continuance of United States duty-free or excise treatment, or
    additional duties. In the case of any article with respect to which
    consideration may be given to reducing or increasing the rate of
    duty, the list shall specify the provision of this subchapter under
    which such consideration may be given.
      (2) In connection with any proposed trade agreement under section
    3803(b) of this title, the President may from time to time publish
    and furnish the Commission with lists of nontariff matters which
    may be considered for modification.
    (b) Advice to President by Commission
      Within 6 months after receipt of a list under subsection (a) of
    this section or, in the case of a list submitted in connection with
    a trade agreement, within 90 days after receipt of such list, the
    Commission shall advise the President, with respect to each article
    or nontariff matter, of its judgment as to the probable economic
    effect of modification of the tariff or nontariff measure on
    industries producing like or directly competitive articles and on
    consumers, so as to assist the President in making an informed
    judgment as to the impact which might be caused by such
    modifications on United States interests, such as sectors involved
    in manufacturing, agriculture, mining, fishing, services,
    intellectual property, investment, labor, and consumers. Such
    advice may include in the case of any article the advice of the
    Commission as to whether any reduction in the rate of duty should
    take place over a longer period of time than the minimum period
    provided for in section 3803(a)(3)(A) of this title.
    (c) Additional investigations and reports requested by President or
      Trade Representative
      In addition, in order to assist the President in his
    determination whether to enter into any agreement under section
    2133 of this title or section 3803 of this title, or how to develop
    trade policy, priorities or other matters (such as priorities for
    actions to improve opportunities in foreign markets), the
    Commission shall make such investigations and reports as may be
    requested by the President or the United States Trade
    Representative on matters such as effects of modification of any
    barrier to (or other distortion of) international trade on domestic
    workers, industries or sectors, purchasers, prices and quantities
    of articles in the United States.
    (d) Commission steps in preparing its advice to President
      In preparing its advice to the President under this section, the
    Commission shall to the extent practicable - 
        (1) investigate conditions, causes, and effects relating to
      competition between the foreign industries producing the articles
      or services in question and the domestic industries producing the
      like or directly competitive articles or services;
        (2) analyze the production, trade, and consumption of each like
      or directly competitive article or service, taking into
      consideration employment, profit levels, and use of productive
      facilities with respect to the domestic industries concerned, and
      such other economic factors in such industries as it considers
      relevant, including prices, wages, sales, inventories, patterns
      of demand, capital investment, obsolescence of equipment, and
      diversification of production;
        (3) describe the probable nature and extent of any significant
      change in employment, profit levels, and use of productive
      facilities; the overall impact of such or other possible changes
      on the competitiveness of relevant domestic industries or
      sectors; and such other conditions as it deems relevant in the
      domestic industries or sectors concerned which it believes such
      modifications would cause; and
        (4) make special studies (including studies of real wages paid
      in foreign supplying countries), whenever deemed to be warranted,
      of particular proposed modifications affecting United States
      manufacturing, agriculture, mining, fishing, labor, consumers,
      services, intellectual property and investment, using to the
      fullest extent practicable United States Government facilities
      abroad and appropriate personnel of the United States.
    (e) Public hearings
      In preparing its advice to the President under this section, the
    Commission shall, after reasonable notice, hold public hearings.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 131, Jan. 3, 1975, 88 Stat. 1994;
    Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.
    1135; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(2), Aug. 6,
    2002, 116 Stat. 1019.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(1). Pub. L. 107-210, Sec. 2110(a)(2)(A)(i),
    substituted "section 2133 of this title or section 3803(a) or (b)
    of this title," for "section 2133 of this title or section 2902(a)
    or (c) of this title,".
      Subsec. (a)(2). Pub. L. 107-210, Sec. 2110(a)(2)(A)(ii),
    substituted "section 3803(b) of this title" for "section 2902(b) or
    (c) of this title".
      Subsec. (b). Pub. L. 107-210, Sec. 2110(a)(2)(B), substituted
    "section 3803(a)(3)(A) of this title" for "section 2902(a)(3)(A) of
    this title".
      Subsec. (c). Pub. L. 107-210, Sec. 2110(a)(2)(C), substituted
    "section 3803 of this title," for "section 2902 of this title,".
      1988 - Pub. L. 100-418 amended section generally, substituting
    present provisions for provisions which related to: in subsec. (a),
    lists of articles which could be considered for modification or
    continuance of duties, duty-free or excise treatment, or additional
    duties; in subsec. (b), advice to President following receipt of
    list by Commission; in subsec. (c), additional investigations and
    reports requested by President; in subsec. (d), Commission steps in
    preparing its advice to President; and in subsec. (e), public
    hearings.


-TRANS-
                          DELEGATION OF AUTHORITY                      
      For delegation of functions of President under div. B of Pub. L.
    107-210, amending this section, see section 1 of Ex. Ord. No.
    13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under
    section 3801 of this title.

-End-



-CITE-
    19 USC Sec. 2152                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-
    Sec. 2152. Advice from executive departments and other sources

-STATUTE-
      Before any trade agreement is entered into under section 2133 of
    this title or section 3803 of this title, the President shall seek
    information and advice with respect to such agreement from the
    Departments of Agriculture, Commerce, Defense, Interior, Labor,
    State and the Treasury, from the United States Trade
    Representative, and from such other sources as he may deem
    appropriate. Such advice shall be prepared and presented consistent
    with the provisions of Reorganization Plan Number 3 of 1979,
    Executive Order Number 12188 and section 2171(c) of this title.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 132, Jan. 3, 1975, 88 Stat. 1995;
    Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.
    1137; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(3), Aug. 6,
    2002, 116 Stat. 1020.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Number 3 of 1979, referred to in text, is set
    out as a note under section 2171 of this title.
      Executive Order Number 12188, referred to in text, is set out as
    a note under section 2171 of this title.


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-210 substituted "section 3803 of this title,"
    for "section 2902 of this title,".
      1988 - Pub. L. 100-418 amended section generally. Prior to
    amendment, section read as follows: "Before any trade agreement is
    entered into under part 1 of this subchapter or section 2133 or
    2134 of this title, the President shall seek information and advice
    with respect to such agreement from the Departments of Agriculture,
    Commerce, Defense, Interior, Labor, State and the Treasury, from
    the United States Trade Representative, and from such other sources
    as he may deem appropriate."


-TRANS-
                          DELEGATION OF AUTHORITY                      
      For delegation of functions of President under div. B of Pub. L.
    107-210, amending this section, see section 1 of Ex. Ord. No.
    13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under
    section 3801 of this title.

-End-



-CITE-
    19 USC Sec. 2153                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-
    Sec. 2153. Public hearings

-STATUTE-
    (a) Opportunity for presentation of views
      In connection with any proposed trade agreement under section
    2133 of this title or section 3803 of this title, the President
    shall afford an opportunity for any interested person to present
    his views concerning any article on a list published under section
    2151 of this title, any matter or article which should be so
    listed, any concession which should be sought by the United States,
    or any other matter relevant to such proposed trade agreement. For
    this purpose, the President shall designate an agency or an
    interagency committee which shall, after reasonable notice, hold
    public hearings and prescribe regulations governing the conduct of
    such hearings. When appropriate, such procedures shall apply to the
    development of trade policy and priorities.
    (b) Summary of hearings
      The organization holding such hearing shall furnish the President
    with a summary thereof.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 133, Jan. 3, 1975, 88 Stat. 1995;
    Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.
    1137; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(3), Aug. 6,
    2002, 116 Stat. 1020.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-210 substituted "section 3803 of
    this title," for "section 2902 of this title,".
      1988 - Pub. L. 100-418 amended section generally. Prior to
    amendment, section read as follows:
      "(a) In connection with any proposed trade agreement under part 1
    of this subchapter or section 2133 or 2134 of this title, the
    President shall afford an opportunity for any interested person to
    present his views concerning any article on a list published
    pursuant to section 2151 of this title, any article which should be
    so listed, any concession which should be sought by the United
    States, or any other matter relevant to such proposed trade
    agreement. For this purpose, the President shall designate an
    agency or an interagency committee which shall, after reasonable
    notice, hold public hearings and prescribe regulations governing
    the conduct of such hearings.
      "(b) The organization holding such hearings shall furnish the
    President with a summary thereof."


-TRANS-
                          DELEGATION OF AUTHORITY                      
      For delegation of functions of President under div. B of Pub. L.
    107-210, amending this section, see section 1 of Ex. Ord. No.
    13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under
    section 3801 of this title.

-End-



-CITE-
    19 USC Sec. 2154                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-
    Sec. 2154. Prerequisites for offers

-STATUTE-
      (a) In any negotiation seeking an agreement under section 2133 of
    this title or section 3803 of this title, the President may make a
    formal offer for the modification or continuance of any United
    States duty, import restrictions, or barriers to (or other
    distortions of) international trade, the continuance of United
    States duty-free or excise treatment, or the imposition of
    additional duties, import restrictions, or other barrier to (or
    other distortion of) international trade including trade in
    services, foreign direct investment and intellectual property as
    covered by this subchapter, with respect to any article or matter
    only after he has received a summary of the hearings at which an
    opportunity to be heard with respect to such article has been
    afforded under section 2153 of this title. In addition, the
    President may make an offer for the modification or continuance of
    any United States duty, the continuance of United States duty-free
    or excise treatment, or the imposition of additional duties, with
    respect to any article included in a list published and furnished
    under section 2151(a) of this title, only after he has received
    advice concerning such article from the Commission under section
    2151(b) of this title, or after the expiration of the 6-month or 90-
    day period provided for in that section, as appropriate, whichever
    first occurs.
      (b) In determining whether to make offers described in subsection
    (a) of this section in the course of negotiating any trade
    agreement under section 3803 of this title, and in determining the
    nature and scope of such offers, the President shall take into
    account any advice or information provided, or reports submitted,
    by - 
        (1) the Commission;
        (2) any advisory committee established under section 2155 of
      this title; or
        (3) any organization that holds public hearings under section
      2153 of this title;

    with respect to any article, or domestic industry, that is
    sensitive, or potentially sensitive, to imports.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 134, Jan. 3, 1975, 88 Stat. 1995;
    Pub. L. 100-418, title I, Sec. 1111(a), Aug. 23, 1988, 102 Stat.
    1137; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(3), (4),
    Aug. 6, 2002, 116 Stat. 1020.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-210, Sec. 2110(a)(3), substituted
    "section 3803 of this title," for "section 2902 of this title,".
      Subsec. (b). Pub. L. 107-210, Sec. 2110(a)(4), substituted
    "section 3803 of this title" for "section 2902 of this title" in
    introductory provisions.
      1988 - Pub. L. 100-418 amended section generally. Prior to
    amendment, section read as follows: "In any negotiations seeking an
    agreement under part 1 of this subchapter or section 2133 or 2134
    of this title, the President may make an offer for the modification
    or continuance of any United States duty, import restrictions, or
    barriers to (or other distortions of) international trade, the
    continuance of United States duty-free or excise treatment, or the
    imposition of additional duties, import restriction, or other
    barrier to (or other distortion of) international trade, with
    respect to any article only after he has received a summary of the
    hearings at which an opportunity to be heard with respect to such
    article has been afforded under section 2153 of this title. In
    addition, the President may make an offer for the modification or
    continuance of any United States duty, the continuance of United
    States duty-free or excise treatment, or the imposition of
    additional duties, with respect to any article included in a list
    published and furnished under section 2151(a) of this title, only
    after he has received advice concerning such article from the
    International Trade Commission under section 2151(b) of this title,
    or after the expiration of the 6-month or 90-day period provided
    for in that section, as appropriate, whichever first occurs."


-TRANS-
                          DELEGATION OF AUTHORITY                      
      For delegation of functions of President under div. B of Pub. L.
    107-210, amending this section, see section 1 of Ex. Ord. No.
    13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under
    section 3801 of this title.

-End-



-CITE-
    19 USC Sec. 2155                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 3 - Hearings and Advice Concerning Negotiations

-HEAD-
    Sec. 2155. Information and advice from private and public sectors

-STATUTE-
    (a) In general
      (1) The President shall seek information and advice from
    representative elements of the private sector and the non-Federal
    governmental sector with respect to - 
        (A) negotiating objectives and bargaining positions before
      entering into a trade agreement under this subchapter or section
      3803 of this title;
        (B) the operation of any trade agreement once entered into,
      including preparation for dispute settlement panel proceedings to
      which the United States is a party; and
        (C) other matters arising in connection with the development,
      implementation, and administration of the trade policy of the
      United States, including those matters referred to in
      Reorganization Plan Number 3 of 1979 and Executive Order Numbered
      12188, and the priorities for actions thereunder.

    To the maximum extent feasible, such information and advice on
    negotiating objectives shall be sought and considered before the
    commencement of negotiations.
      (2) The President shall consult with representative elements of
    the private sector and the non-Federal governmental sector on the
    overall current trade policy of the United States. The
    consultations shall include, but are not limited to, the following
    elements of such policy:
        (A) The principal multilateral and bilateral trade negotiating
      objectives and the progress being made toward their achievement.
        (B) The implementation, operation, and effectiveness of
      recently concluded multilateral and bilateral trade agreements
      and resolution of trade disputes.
        (C) The actions taken under the trade laws of the United States
      and the effectiveness of such actions in achieving trade policy
      objectives.
        (D) Important developments in other areas of trade for which
      there must be developed a proper policy response.

      (3) The President shall take the advice received through
    consultation under paragraph (2) into account in determining the
    importance which should be placed on each major objective and
    negotiating position that should be adopted in order to achieve the
    overall trade policy of the United States.
    (b) Advisory Committee for Trade Policy and Negotiations
      (1) The President shall establish an Advisory Committee for Trade
    Policy and Negotiations to provide overall policy advice on matters
    referred to in subsection (a) of this section. The committee shall
    be composed of not more than 45 individuals and shall include
    representatives of non-Federal governments, labor, industry,
    agriculture, small business, service industries, retailers,
    nongovernmental environmental and conservation organizations, and
    consumer interests. The committee shall be broadly representative
    of the key sectors and groups of the economy, particularly with
    respect to those sectors and groups which are affected by trade.
    Members of the committee shall be recommended by the United States
    Trade Representative and appointed by the President for a term of 4
    years or until the committee is scheduled to expire. An individual
    may be reappointed to committee for any number of terms.
    Appointments to the Committee (!1) shall be made without regard to
    political affiliation.

      (2) The committee shall meet as needed at the call of the United
    States Trade Representative or at the call of two-thirds of the
    members of the committee. The chairman of the committee shall be
    elected by the committee from among its members.
      (3) The United States Trade Representative shall make available
    to the committee such staff, information, personnel, and
    administrative services and assistance as it may reasonably require
    to carry out its activities.
    (c) General policy, sectoral, or functional advisory committees
      (1) The President may establish individual general policy
    advisory committees for industry, labor, agriculture, services,
    investment, defense, and other interests, as appropriate, to
    provide general policy advice on matters referred to in subsection
    (a) of this section. Such committees shall, insofar as is
    practicable, be representative of all industry, labor,
    agricultural, service, investment, defense, and other interests,
    respectively, including small business interests, and shall be
    organized by the United States Trade Representative and the
    Secretaries of Commerce, Defense, Labor, Agriculture, the Treasury,
    or other executive departments, as appropriate. The members of such
    committees shall be appointed by the United States Trade
    Representative in consultation with such Secretaries.
      (2) The President shall establish such sectoral or functional
    advisory committees as may be appropriate. Such committees shall,
    insofar as is practicable, be representative of all industry,
    labor, agricultural, or service interests (including small business
    interests) in the sector or functional areas concerned. In
    organizing such committees, the United States Trade Representative
    and the Secretaries of Commerce, Labor, Agriculture, the Treasury,
    or other executive departments, as appropriate, shall - 
        (A) consult with interested private organizations; and
        (B) take into account such factors as - 
          (i) patterns of actual and potential competition between
        United States industry and agriculture and foreign enterprise
        in international trade,
          (ii) the character of the nontariff barriers and other
        distortions affecting such competition,
          (iii) the necessity for reasonable limits on the number of
        such advisory committees,
          (iv) the necessity that each committee be reasonably limited
        in size, and
          (v) in the case of each sectoral committee, that the product
        lines covered by each committee be reasonably related.

      (3) The President - 
        (A) may, if necessary, establish policy advisory committees
      representing non-Federal governmental interests to provide policy
      advice - 
          (i) on matters referred to in subsection (a) of this section,
        and
          (ii) with respect to implementation of trade agreements, and

        (B) shall include as members of committees established under
      subparagraph (A) representatives of non-Federal governmental
      interests if he finds such inclusion appropriate after
      consultation by the United States Trade Representative with such
      representatives.

      (4) Appointments to each committee established under paragraph
    (1), (2), or (3) shall be made without regard to political
    affiliation.
    (d) Policy, technical, and other advice and information
      Committees established under subsection (c) of this section shall
    meet at the call of the United States Trade Representative and the
    Secretaries of Agriculture, Commerce, Labor, Defense, or other
    executive departments, as appropriate, to provide policy advice,
    technical advice and information, and advice on other factors
    relevant to the matters referred to in subsection (a) of this
    section.
    (e) Meeting of advisory committees at conclusion of negotiations
      (1) The Advisory Committee for Trade Policy and Negotiations,
    each appropriate policy advisory committee, and each sectoral or
    functional advisory committee, if the sector or area which such
    committee represents is affected, shall meet at the conclusion of
    negotiations for each trade agreement entered into under section
    3803 of this title, to provide to the President, to Congress, and
    to the United States Trade Representative a report on such
    agreement. Each report that applies to a trade agreement entered
    into under section 3803 of this title shall be provided under the
    preceding sentence not later than the date on which the President
    notifies the Congress under section 3805(a)(1)(A) of this title of
    his intention to enter into that agreement.
      (2) The report of the Advisory Committee for Trade Policy and
    Negotiations and each appropriate policy advisory committee shall
    include an advisory opinion as to whether and to what extent the
    agreement promotes the economic interests of the United States and
    achieves the applicable overall and principal negotiating
    objectives set forth in section 3802 of this title, as appropriate.
      (3) The report of the appropriate sectoral or functional
    committee under paragraph (1) shall include an advisory opinion as
    to whether the agreement provides for equity and reciprocity within
    the sector or within the functional area.
    (f) Application of Federal Advisory Committee Act
      The provisions of the Federal Advisory Committee Act apply - 
        (1) to the Advisory Committee for Trade Policy and Negotiations
      established under subsection (b) of this section; and
        (2) to all other advisory committees which may be established
      under subsection (c) of this section, except that - 
          (A) the meetings of advisory committees established under
        subsections (b) and (c) of this section shall be exempt from
        the requirements of subsections (a) and (b) of sections 10 and
        11 of the Federal Advisory Committee Act (relating to open
        meetings, public notice, public participation, and public
        availability of documents), whenever and to the extent it is
        determined by the President or the President's designee that
        such meetings will be concerned with matters the disclosure of
        which would seriously compromise the development by the United
        States Government of trade policy, priorities, negotiating
        objectives, or bargaining positions with respect to matters
        referred to in subsection (a) of this section, and that
        meetings may be called of such special task forces, plenary
        meetings of chairmen, or other such groups made up of members
        of the committees established under subsections (b) and (c) of
        this section; and
          (B) notwithstanding subsection (a)(2) of section 14 of the
        Federal Advisory Committee Act, any committee established under
        subsection (b) or (c) of this section may, in the discretion of
        the President or the President's designee, terminate not later
        than the expiration of the 4-year period beginning on the date
        of its establishment.
    (g) Trade secrets and confidential information
      (1) Trade secrets and commercial or financial information which
    is privileged or confidential, and which is submitted in confidence
    by the private sector or non-Federal government to officers or
    employees of the United States in connection with trade
    negotiations, may be disclosed upon request to - 
        (A) officers and employees of the United States designated by
      the United States Trade Representative;
        (B) members of the Committee on Ways and Means of the House of
      Representatives and the Committee on Finance of the Senate who
      are designated as official advisers under section 2211(a)(1) of
      this title or are designated by the chairmen of either such
      committee under section 2211(b)(3)(A) of this title and staff
      members of either such committee designated by the chairmen under
      section 2211(b)(3)(A) of this title; and
        (C) members of any committee of the House or Senate or any
      joint committee of Congress who are designated as advisers under
      section 2211(a)(2) of this title or designated by the chairman of
      such committee under section 2211(b)(3)(B) of this title and
      staff members of such committee designated under section
      2211(b)(3)(B) of this title, but disclosure may be made under
      this subparagraph only with respect to trade secrets or
      commercial or financial information that is relevant to trade
      policy matters or negotiations that are within the legislative
      jurisdiction of such committee;

    for use in connection with matters referred to in subsection (a) of
    this section.
      (2) Information other than that described in paragraph (1), and
    advice submitted in confidence by the private sector or non-Federal
    government to officers or employees of the United States, to the
    Advisory Committee for Trade Policy and Negotiations, or to any
    advisory committee established under subsection (c) of this
    section, in connection with matters referred to in subsection (a)
    of this section, may be disclosed upon request to - 
        (A) the individuals described in paragraph (1); and
        (B) the appropriate advisory committee established under this
      section.

      (3) Information submitted in confidence by officers or employees
    of the United States to the Advisory Committee for Trade Policy and
    Negotiations, or to any advisory committee established under
    subsection (c) of this section, may be disclosed in accordance with
    rules issued by the United States Trade Representative and the
    Secretaries of Commerce, Labor, Defense, Agriculture, or other
    executive departments, as appropriate, after consultation with the
    relevant advisory committees established under subsection (c) of
    this section. Such rules shall define the categories of information
    which require restricted or confidential handling by such committee
    considering the extent to which public disclosure of such
    information can reasonably be expected to prejudice the development
    of trade policy, priorities, or United States negotiating
    objectives. Such rules shall, to the maximum extent feasible,
    permit meaningful consultations by advisory committee members with
    persons affected by matters referred to in subsection (a) of this
    section.
    (h) Advisory committee support
      The United States Trade Representative, and the Secretaries of
    Commerce, Labor, Defense, Agriculture, the Treasury, or other
    executive departments, as appropriate, shall provide such staff,
    information, personnel, and administrative services and assistance
    to advisory committees established under subsection (c) of this
    section as such committees may reasonably require to carry out
    their activities.
    (i) Consultation with advisory committees; procedures;
      nonacceptance of committee advice or recommendations
      It shall be the responsibility of the United States Trade
    Representative, in conjunction with the Secretaries of Commerce,
    Labor, Agriculture, the Treasury, or other executive departments,
    as appropriate, to adopt procedures for consultation with and
    obtaining information and advice from the advisory committees
    established under subsection (c) of this section on a continuing
    and timely basis. Such consultation shall include the provision of
    information to each advisory committee as to - 
        (1) significant issues and developments; and
        (2) overall negotiating objectives and positions of the United
      States and other parties;

    with respect to matters referred to in subsection (a) of this
    section. The United States Trade Representative shall not be bound
    by the advice or recommendations of such advisory committees, but
    shall inform the advisory committees of significant departures from
    such advice or recommendations made. In addition, in the course of
    consultations with the Congress under this subchapter, information
    on the advice and information provided by advisory committees shall
    be made available to congressional advisers.
    (j) Private organizations or groups
      In addition to any advisory committee established under this
    section, the President shall provide adequate, timely and
    continuing opportunity for the submission on an informal basis
    (and, if such information is submitted under the provisions of
    subsection (g) of this section, on a confidential basis) by private
    organizations or groups, representing government, labor, industry,
    agriculture, small business, service industries, consumer
    interests, and others, of statistics, data and other trade
    information, as well as policy recommendations, pertinent to any
    matter referred to in subsection (a) of this section.
    (k) Scope of participation by members of advisory committees
      Nothing contained in this section shall be construed to authorize
    or permit any individual to participate directly in any negotiation
    of any matters referred to in subsection (a) of this section. To
    the maximum extent practicable, the members of the committees
    established under subsections (b) and (c) of this section, and
    other appropriate parties, shall be informed and consulted before
    and during any such negotiations. They may be designated as
    advisors to a negotiating delegation, and may be permitted to
    participate in international meetings to the extent the head of the
    United States delegation deems appropriate. However, they may not
    speak or negotiate for the United States.
    (l) Advisory committees established by Department of Agriculture
      The provisions of title XVIII of the Food and Agriculture Act of
    1977 (7 U.S.C. 2281 et seq.) shall not apply to any advisory
    committee established under subsection (c) of this section.
    (m) "Non-Federal government" defined
      As used in this section, the term "non-Federal government" means -
     
        (1) any State, territory, or possession of the United States,
      or the District of Columbia, or any political subdivision
      thereof; or
        (2) any agency or instrumentality of any entity described in
      paragraph (1).

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 135, Jan. 3, 1975, 88 Stat. 1996;
    Pub. L. 96-39, title XI, Sec. 1103, July 26, 1979, 93 Stat. 308;
    Pub. L. 98-573, title III, Sec. 306(c)(2)(B), Oct. 30, 1984, 98
    Stat. 3011; Pub. L. 99-514, title XVIII, Sec. 1887(a)(2), Oct. 22,
    1986, 100 Stat. 2923; Pub. L. 100-418, title I, Sec. 1631, Aug. 23,
    1988, 102 Stat. 1264; Pub. L. 103-465, title I, Secs. 127(f), 128,
    Dec. 8, 1994, 108 Stat. 4836; Pub. L. 107-210, div. B, title XXI,
    Sec. 2110(a)(5), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 108-429,
    title II, Sec. 2004(i)(1), (2), Dec. 3, 2004, 118 Stat. 2594, 2595;
    Pub. L. 109-280, title XIV, Sec. 1635(f)(2), Aug. 17, 2006, 120
    Stat. 1171.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Reorganization Plan Number 3 of 1979, referred to in subsec.
    (a)(1)(C), is set out as a note under section 2171 of this title.
      Executive Order Numbered 12188, referred to in subsec. (a)(1)(C),
    is set out as a note under section 2171 of this title.
      The Federal Advisory Committee Act, referred to in subsec (f), is
    Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is
    set out in the Appendix to Title 5, Government Organization and
    Employees.
      The Food and Agriculture Act of 1977, referred to in subsec. (l),
    is Pub. L. 95-113, Sept. 29, 1977, 91 Stat. 913, as amended. Title
    XVIII of the Act is classified generally to chapter 55A (Sec. 2281
    et seq.) of Title 7, Agriculture. For complete classification of
    this Act to the Code, see Short Title of 1977 Amendment note set
    out under section 1281 of Title 7 and Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (f)(2)(B). Pub. L. 109-280 substituted "its
    establishment" for "their establishment".
      2004 - Subsec. (b)(1). Pub. L. 108-429, Sec. 2004(i)(2),
    substituted "4 years or until the committee is scheduled to expire"
    for "2 years".
      Subsec. (f)(2). Pub. L. 108-429, Sec. 2004(i)(1), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "to
    all other advisory committees which may be established under
    subsection (c) of this section; except that the meetings of
    advisory committees established under subsections (b) and (c) of
    this section shall be exempt from the requirements of subsections
    (a) and (b) of sections 10 and 11 of the Federal Advisory Committee
    Act (relating to open meetings, public notice, public
    participation, and public availability of documents), whenever and
    to the extent it is determined by the President or his designee
    that such meetings will be concerned with matters the disclosure of
    which would seriously compromise the development by the United
    States Government of trade policy, priorities, negotiating
    objectives or bargaining positions with respect to matters referred
    to in subsection (a) of this section, and that meetings may be
    called of such special task forces, plenary meetings of chairmen,
    or other such groups made up of members of the committees
    established under subsections (b) and (c) of this section."
      2002 - Subsec. (a)(1)(A). Pub. L. 107-210, Sec. 2110(a)(5)(A),
    substituted "section 3803 of this title" for "section 2902 of this
    title".
      Subsec. (e)(1). Pub. L. 107-210, Sec. 2110(a)(5)(B), substituted
    "section 3803 of this title" for "section 2902 of this title" in
    two places and "section 3805(a)(1)(A) of this title" for "section
    2903(a)(1)(A) of this title".
      Subsec. (e)(2). Pub. L. 107-210, Sec. 2110(a)(5)(C), substituted
    "section 3802 of this title" for "section 2901 of this title".
      1994 - Subsec. (a)(1)(B). Pub. L. 103-465, Sec. 127(f), amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows: "the operation of any trade agreement once entered into;
    and".
      Subsec. (b)(1). Pub. L. 103-465, Sec. 128, inserted
    "nongovernmental environmental and conservation organizations,"
    after "retailers,".
      1988 - Pub. L. 100-418 amended section generally, substituting
    present provisions for provisions which, in the following
    subsections, had related to: subsec. (a), information and advice on
    trade agreements and other matters; subsec. (b), Advisory Committee
    for Trade Negotiations; subsec. (c), general policy, sectoral,
    functional, or policy advisory committees; subsec. (d), policy
    advice, technical advice and information, and other advice; subsec.
    (e), meeting of advisory committees at conclusion of negotiations
    for trade agreements; subsec. (f), Federal Advisory Committee Act;
    subsec. (g), trade secrets and confidential commercial, financial,
    or other information; subsec. (h), staff, information, personnel,
    and administrative services and assistance to advisory committees;
    subsec. (i), consultation with advisory committees; adoption of
    procedures; nonacceptance of committee advice or recommendations;
    subsec. (j), private or non-Federal government organizations or
    groups; subsec. (k), direct participation in negotiations by
    private individuals not authorized; information, consultation,
    participation of committee members and appropriate parties in
    international meetings; restrictions; subsec. (l), advisory
    committees established by Department of Agriculture; and subsec.
    (m), definition of "non-Federal government".
      1986 - Subsecs. (m), (n). Pub. L. 99-514 redesignated subsec. (n)
    as (m).
      1984 - Subsec. (a). Pub. L. 98-573, Sec. 306(c)(2)(B)(i),
    inserted "and the non-Federal governmental sector" after "private
    sector".
      Subsec. (c)(3). Pub. L. 98-573, Sec. 306(c)(2)(B)(ii), added par.
    (3).
      Subsec. (g)(1)(A), (B). Pub. L. 98-573, Sec. 306(c)(2)(B)(iii),
    inserted "or non-Federal government" after "private".
      Subsec. (j). Pub. L. 98-573, Sec. 306(c)(2)(B)(iii), (iv),
    inserted "or non-Federal government" after "private" and
    "government," before "labor, industry".
      Subsec. (n). Pub. L. 98-573, Sec. 306(c)(2)(B)(v), added subsec.
    (n).
      1979 - Subsec. (a). Pub. L. 96-39, Sec. 1103(1), (2), struck out
    ", in accordance with the provisions of this section," after
    "President" and required the seeking of information and advice
    respecting operation of a trade agreement once entered into and
    respecting other matters arising in connection with the
    administration of trade policy of the United States.
      Subsec. (b)(1). Pub. L. 96-39, Sec. 1103(3), substituted "matters
    referred to in subsection (a) of this section" for "any trade
    agreement referred to in section 2111 or 2112 of this title".
      Subsec. (b)(2). Pub. L. 96-39, Sec. 1103(4), substituted
    requirement that the members elect the Chairman of the Committee
    from among its membership for provision designating the Special
    Representative as Chairman and struck out provision for termination
    of the Committee upon submission of its report to Congress as soon
    as practical after the end of the period which ends 5 years after
    Jan. 3, 1975.
      Subsec. (c)(1). Pub. L. 96-39, Sec. 1103(5), inserted a comma
    after "initiative", included references to "services", and
    substituted "general policy advice on matters referred to in
    subsection (a) of this section" for "general policy advice on any
    trade agreement referred to in section 2111 or 2112 of this title",
    "Special Representative for Trade Negotiations" for "President
    acting through the Special Representative for Trade Negotiations"
    and "or Agriculture" for "and Agriculture".
      Subsec. (c)(2). Pub. L. 96-39, Sec. 1103(6)-(9), substituted "The
    President shall establish such sectoral or functional advisory
    committees as may be appropriate" for "The President shall, on his
    own initiative or at the request of organizations in a particular
    sector, establish such industry, labor, or agricultural sector
    advisory committees as he determines to be necessary for any trade
    negotiations referred to in section 2111 or 2112 of this title" and
    "Such committees shall, insofar as is practicable, be
    representative of all industry, labor, agricultural, or service
    interests (including small business interests) in the sector or
    functional areas concerned" for "Such committees shall, so far as
    practicable, be representative of all industry, labor, or
    agricultural interests including small business interests in the
    sector concerned" and "the Special Representative for Trade
    Negotiations" for "the President, acting through the Special
    Representative for Trade Negotiations", struck out "product sector"
    before "advisory committees", and inserted ", in the case of each
    sectoral committee," before "the product lines".
      Subsec. (d). Pub. L. 96-39, Sec. 1103(10), required committee
    meetings to be also summoned at joint instance of Secretary of
    Agriculture, Commerce, or Labor, as appropriate, previously
    required to be called before and during trade negotiations, struck
    out item (1) through (3) designation for "policy advice",
    "technical advice" and "advice on other factors", struck out "on
    negotiations" and "on negotiations on particular products both
    domestic and foreign" after "policy advice" and "technical advice
    and information" and substituted "factors relevant to the matters
    referred to in subsection (a) of this section" for "factors
    relevant to positions of the United States in trade negotiations."
      Subsec. (e). Pub. L. 96-39, Sec. 1103(11)-(14), redesignated par.
    (1) as entire provision, and in provision as so redesignated,
    substituted "each sector or functional advisory committee, if the
    sector or area" for "each sector advisory committee, if the
    sector", "appropriate sector or functional area" for "appropriate
    sector", and "within the sector or within the functional area" for
    "within the sector", and struck out par. (2) which required a
    report to Congress by the Advisory Committee for Trade Negotiations
    by each policy advisory committee, and, each sector advisory
    committee as soon as practicable at end of the period ending 5
    years after Jan. 3, 1975, including advisory opinions of the
    respective committees as to how the trade agreements serve the
    economic interests of United States and how provision is made for
    equity and reciprocity within the sector.
      Subsec. (f)(2). Pub. L. 96-39, Sec. 1103(15)(A), (B), substituted
    "committees" for "groups" and "with respect to matters referred to
    in subsection (a) of this section" for "on the negotiation of any
    trade agreement".
      Subsec. (g). Pub. L. 96-39, Sec. 1103(16), (17)(A), (B),
    substituted in par. (1)(A) "matters referred to in subsection (a)
    of this section" for "a trade agreement referred to in section 2111
    or 2112 of this title", in par. (1)(B) "matters referred to in
    subsection (a) of this section" for "trade negotiations", and in
    par. (2) "matters referred to in subsection (a) of this title" for
    "proposed trade agreements".
      Subsec. (i). Pub. L. 96-39, Sec. 1103(18)(A)-(C), struck out in
    provision before cl. (1) ", both during preparation for
    negotiations and actual negotiations" after "basis" and in cl. (1)
    "arising in preparation for or in the course of such negotiations"
    after "developments" and substituted in cl. (2) "with respect to
    matters referred to in subsection (a) of this section" for "to the
    negotiations".
      Subsec. (j). Pub. L. 96-39, Sec. 1103(19), substituted "matters
    referred to in subsection (a) of this section" for "trade agreement
    referred to in section 2111 or 2112 of this title".
      Subsec. (k). Pub. L. 96-39, Sec. 1103(19), (20), substituted
    "matters referred to in subsection (a) of this section" for "trade
    agreement referred to in section 2111 or 2112 of this title" and
    provided for information to and consultations with committee
    members and appropriate parties and participation in international
    meetings without becoming spokesmen or negotiators for the United
    States.
      Subsec. (l). Pub. L. 96-39, Sec. 1103(21), added subsec. (l).

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-280 applicable with respect to goods
    entered, or withdrawn from warehouse for consumption, on or after
    the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109-
    280, set out as a note under section 58c of this title.

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-429, title II, Sec. 2004(i)(3), Dec. 3, 2004, 118
    Stat. 2595, provided that: "The amendments made by this subsection
    [amending this section] shall take effect on February 1, 2006."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the date on which the
    WTO Agreement enters into force with respect to the United States
    [Jan. 1, 1995], see section 130 of Pub. L. 103-465, set out as an
    Effective Date note under section 3531 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.


-TRANS-
                          DELEGATION OF AUTHORITY                      
      For delegation of functions of President under div. B of Pub. L.
    107-210, amending this section, see section 1 of Ex. Ord. No.
    13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under
    section 3801 of this title.


-MISC2-
            PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989        
      For provisions directing that if any amendments made by subtitle
    A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or
    title XVIII [Secs. 1801-1899A] of Pub. L. 99-514 require an
    amendment to any plan, such plan amendment shall not be required to
    be made before the first plan year beginning on or after Jan. 1,
    1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
    note under section 401 of Title 26, Internal Revenue Code.


-EXEC-
    EX. ORD. NO. 12905. TRADE AND ENVIRONMENT POLICY ADVISORY COMMITTEE
      Ex. Ord. No. 12905, Mar. 25, 1994, 59 F.R. 14733, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including the Federal
    Advisory Committee Act, as amended (5 U.S.C. App.), and section
    135(c)(1) of the Trade Act of 1974, as amended (19 U.S.C.
    2155(c)(1)) ("Act"), it is hereby ordered as follows:
      Section 1. Establishment. There is established in the Office of
    the United States Trade Representative ("Trade Representative"[)]
    the "Trade and Environment Policy Advisory Committee"
    ("Committee").
      Sec. 2. Membership. (a) The Committee shall consist of not more
    than 35 members, including, but not limited to, representatives
    from environmental interest groups, industry (including the
    environmental technology and environmental services industries),
    agriculture, services, non-Federal government, and consumer
    interests. The Committee should be broadly representative of the
    key sectors and groups of the economy with an interest in trade and
    environmental policy issues.
      (b) The Chairman of the Committee shall be elected by the
    Committee from among its members. Members of the Committee shall be
    appointed by the Trade Representative, in consultation with the
    Cabinet secretaries described in section 2155(c)(1) of title 19,
    United States Code, for a term of 2 years and may be reappointed
    for any number of terms. Appointments to the Committee shall be
    made without regard to political affiliation. Any member may be
    removed at the discretion of the Trade Representative.
      Sec. 3. Functions. (a) The Committee shall provide the Trade
    Representative with policy advice on issues involving trade and the
    environment.
      (b) The Committee shall submit a report to the President, to the
    Congress, and to the Trade Representative at the conclusion of
    negotiations for each trade agreement referred to in section 102 of
    the Act [19 U.S.C. 2112]. The report shall include an advisory
    opinion on whether and to what extent the agreement promotes the
    interests of the United States.
      (c) The Committee may establish such subcommittees of its members
    as it deems necessary, subject to the provisions of the Federal
    Advisory Committee Act and the approval of the Trade
    Representative, or his designee.
      (d) The Committee shall report its activities to the Trade
    Representative, or his designee.
      Sec. 4. Administration. (a) The Trade Representative, or his
    designee, with the advice of the Chairman, shall be responsible for
    prior approval of the agendas for all Committee meetings.
      (b) The Trade Representative, or his designee, shall be
    responsible for determinations, filings, and other administrative
    requirements of the Federal Advisory Committee Act.
      (c)(1) The Trade Representative shall provide funding and
    administrative and staff support for the Committee.
      (2) The Committee shall have an Executive Director who shall be a
    Federal officer or employee designated by the Trade Representative.
      (d) Members of the Committee shall serve without either
    compensation or reimbursement of expenses.
      (e) The Committee shall meet as needed at the call of the Trade
    Representative or his designee, depending on various factors such
    as the level of activity of trade negotiations and the needs of the
    Trade Representative, or at the call of two-thirds of the members
    of the Committee.
      Sec. 5. General. The Committee shall function for such period as
    may be necessary. In accordance with the Federal Advisory Committee
    Act [5 U.S.C. App.], the Committee shall terminate after 2 years
    from the date of this order unless otherwise extended.
                                                     William J. Clinton.

        EXTENSION OF TERM OF TRADE AND ENVIRONMENT POLICY ADVISORY
                                 COMMITTEE
      Term of Trade and Environment Policy Advisory Committee extended
    until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60
    F.R. 51875, formerly set out under section 14 of the Federal
    Advisory Committee Act in the Appendix to Title 5, Government
    Organization and Employees.
      Term of Trade and Environment Policy Advisory Committee extended
    until Sept. 30, 1999, by Ex. Ord. No. 13062, Sec. 1(o), Sept. 29,
    1997, 62 F.R. 51755, formerly set out under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5.
      Term of Trade and Environment Policy Advisory Committee extended
    until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30, 1999, 64
    F.R. 53879, formerly set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5.
      Term of Trade and Environment Policy Advisory Committee extended
    until Sept. 30, 2003, by Ex. Ord. No. 13225, Sept. 28, 2001, 66
    F.R. 50291, formerly set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5.
      Term of Trade and Environment Policy Advisory Committee extended
    until Sept. 30, 2005, by Ex. Ord. No. 13316, Sept. 17, 2003, 68
    F.R. 55255, formerly set out as a note under section 14 of the
    Federal Advisory Committee Act in the Appendix to Title 5.
      Term of Trade and Environment Policy Advisory Committee extended
    until Sept. 30, 2007, by Ex. Ord. No. 13385, Sept. 29, 2005, 70
    F.R. 57989, set out as a note under section 14 of the Federal
    Advisory Committee Act in the Appendix to Title 5.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-


-CITE-
    19 USC Part 4 - Office of the United States Trade
                     Representative                        01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 4 - Office of the United States Trade Representative

-HEAD-
         PART 4 - OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE     


-MISC1-
                                AMENDMENTS                            
      1983 - Pub. L. 97-456, Sec. 3(d)(3), Jan. 12, 1983, 96 Stat.
    2505, substituted "United States Trade Representative" for "Special
    Representative for Trade Negotiations" in part 4 heading.

-End-



-CITE-
    19 USC Sec. 2171                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 4 - Office of the United States Trade Representative

-HEAD-
    Sec. 2171. Structure, functions, powers, and personnel

-STATUTE-
    (a) Establishment within Executive Office of the President
      There is established within the Executive Office of the President
    the Office of the United States Trade Representative (hereinafter
    in this section referred to as the "Office").
    (b) United States Trade Representative; Deputy United States Trade
      Representatives
      (1) The Office shall be headed by the United States Trade
    Representative who shall be appointed by the President, by and with
    the advice and consent of the Senate. As an exercise of the
    rulemaking power of the Senate, any nomination of the United States
    Trade Representative submitted to the Senate for confirmation, and
    referred to a committee, shall be referred to the Committee on
    Finance. The United States Trade Representative shall hold office
    at the pleasure of the President, shall be entitled to receive the
    same allowances as a chief of mission, and shall have the rank of
    Ambassador Extraordinary and Plenipotentiary.
      (2) There shall be in the Office three Deputy United States Trade
    Representatives and one Chief Agricultural Negotiator who shall be
    appointed by the President, by and with the advice and consent of
    the Senate. As an exercise of the rulemaking power of the Senate,
    any nomination of a Deputy United States Trade Representative or
    the Chief Agricultural Negotiator submitted to the Senate for its
    advice and consent, and referred to a committee, shall be referred
    to the Committee on Finance. Each Deputy United States Trade
    Representative and the Chief Agricultural Negotiator shall hold
    office at the pleasure of the President and shall have the rank of
    Ambassador.
      (3) A person who has directly represented, aided, or advised a
    foreign entity (as defined by section 207(f)(3) of title 18) in any
    trade negotiation, or trade dispute, with the United States may not
    be appointed as United States Trade Representative or as a Deputy
    United States Trade Representative.
    (c) Duties of United States Trade Representative and Deputy United
      States Trade Representatives
      (1) The United States Trade Representative shall - 
        (A) have primary responsibility for developing, and for
      coordinating the implementation of, United States international
      trade policy, including commodity matters, and, to the extent
      they are related to international trade policy, direct investment
      matters;
        (B) serve as the principal advisor to the President on
      international trade policy and shall advise the President on the
      impact of other policies of the United States Government on
      international trade;
        (C) have lead responsibility for the conduct of, and shall be
      the chief representative of the United States for, international
      trade negotiations, including all negotiations on any matter
      considered under the auspices of the World Trade Organization,
      commodity and direct investment negotiations, in which the United
      States participates;
        (D) issue and coordinate policy guidance to departments and
      agencies on basic issues of policy and interpretation arising in
      the exercise of international trade functions, including any
      matter considered under the auspices of the World Trade
      Organization, to the extent necessary to assure the coordination
      of international trade policy and consistent with any other law;
        (E) act as the principal spokesman of the President on
      international trade;
        (F) report directly to the President and the Congress
      regarding, and be responsible to the President and the Congress
      for the administration of, trade agreements programs;
        (G) advise the President and Congress with respect to nontariff
      barriers to international trade, international commodity
      agreements, and other matters which are related to the trade
      agreements programs;
        (H) be responsible for making reports to Congress with respect
      to matters referred to in subparagraphs (C) and (F);
        (I) be chairman of the interagency trade organization
      established under section 1872(a) of this title, and shall
      consult with and be advised by such organization in the
      performance of his functions; and
        (J) in addition to those functions that are delegated to the
      United States Trade Representative as of August 23, 1988, be
      responsible for such other functions as the President may direct.

      (2) It is the sense of Congress that the United States Trade
    Representative should - 
        (A) be the senior representative on any body that the President
      may establish for the purpose of providing to the President
      advice on overall economic policies in which international trade
      matters predominate; and
        (B) be included as a participant in all economic summit and
      other international meetings at which international trade is a
      major topic.

      (3) The United States Trade Representative may - 
        (A) delegate any of his functions, powers, and duties to such
      officers and employees of the Office as he may designate; and
        (B) authorize such successive redelegations of such functions,
      powers, and duties to such officers and employees of the Office
      as he may deem appropriate.

      (4) Each Deputy United States Trade Representative shall have as
    his principal function the conduct of trade negotiations under this
    chapter and shall have such other functions as the United States
    Trade Representative may direct.
      (5) The principal function of the Chief Agricultural Negotiator
    shall be to conduct trade negotiations and to enforce trade
    agreements relating to United States agricultural products and
    services. The Chief Agricultural Negotiator shall be a vigorous
    advocate on behalf of United States agricultural interests. The
    Chief Agricultural Negotiator shall perform such other functions as
    the United States Trade Representative may direct.
    (d) Unfair trade practices; additional duties of Representative;
      advisory committee; definition
      (1) In carrying out subsection (c) of this section with respect
    to unfair trade practices, the United States Trade Representative
    shall - 
        (A) coordinate the application of interagency resources to
      specific unfair trade practice cases;
        (B) identify, and refer to the appropriate Federal department
      or agency for consideration with respect to action, each act,
      policy, or practice referred to in the report required under
      section 2241(b) of this title, or otherwise known to the United
      States Trade Representative on the basis of other available
      information, that may be an unfair trade practice that either - 
          (i) is considered to be inconsistent with the provisions of
        any trade agreement and has a significant adverse impact on
        United States commerce, or
          (ii) has a significant adverse impact on domestic firms or
        industries that are either too small or financially weak to
        initiate proceedings under the trade laws;

        (C) identify practices having a significant adverse impact on
      United States commerce that the attainment of United States
      negotiating objectives would eliminate; and
        (D) identify, on a biennial basis, those United States
      Government policies and practices that, if engaged in by a
      foreign government, might constitute unfair trade practices under
      United States law.

      (2) For purposes of carrying out paragraph (1), the United States
    Trade Representative shall be assisted by an interagency unfair
    trade practices advisory committee composed of the Trade
    Representative, who shall chair the committee, and senior
    representatives of the following agencies, appointed by the
    respective heads of those agencies:
        (A) The Bureau of Economics and Business Affairs of the
      Department of State.
        (B) The United States and Foreign Commercial Services of the
      Department of Commerce.
        (C) The International Trade Administration (other than the
      United States and Foreign Commercial Service) of the Department
      of Commerce.
        (D) The Foreign Agricultural Service of the Department of
      Agriculture.

    The United States Trade Representative may also request the advice
    of the United States International Trade Commission regarding the
    carrying out of paragraph (1).
      (3) For purposes of this subsection, the term "unfair trade
    practice" means any act, policy, or practice that - 
        (A) may be a subsidy with respect to which countervailing
      duties may be imposed under subtitle A of title VII [19 U.S.C.
      1671 et seq.];
        (B) may result in the sale or likely sale of foreign
      merchandise with respect to which antidumping duties may be
      imposed under subtitle B of title VII [19 U.S.C. 1673 et seq.];
        (C) may be either an unfair method of competition, or an unfair
      act in the importation of articles into the United States, that
      is unlawful under section 337 [19 U.S.C. 1337]; or
        (D) may be an act, policy, or practice of a kind with respect
      to which action may be taken under subchapter III of this
      chapter.
    (e) Powers of United States Trade Representative
      The United States Trade Representative may, for the purpose of
    carrying out his functions under this section - 
        (1) subject to the civil service and classification laws,
      select, appoint, employ, and fix the compensation of such
      officers and employees as are necessary and prescribe their
      authority and duties, except that not more than 20 individuals
      may be employed without regard to any provision of law regulating
      the employment or compensation at rates not to exceed the rate of
      pay for level IV of the Executive Schedule in section 5314 (!1)
      of title 5;

        (2) employ experts and consultants in accordance with section
      3109 of title 5 and compensate individuals so employed for each
      day (including traveltime) at rates not in excess of the maximum
      rate of pay for grade GS-18 as provided in section 5332 of title
      5 and while such experts and consultants are so serving away from
      their homes or regular place of business, to pay such employees
      travel expenses and per diem in lieu of subsistence at rates
      authorized by section 5703 of title 5 for persons in Government
      service employed intermittently;
        (3) promulgate such rules and regulations as may be necessary
      to carry out the functions, powers and duties vested in him;
        (4) utilize, with their consent, the services, personnel, and
      facilities of other Federal agencies;
        (5) enter into and perform such contracts, leases, cooperative
      agreements, or other transactions as may be necessary in the
      conduct of the work of the Office and on such terms as the United
      States Trade Representative may deem appropriate, with any agency
      or instrumentality of the United States, or with any public or
      private person, firm, association, corporation, or institution;
        (6) accept voluntary and uncompensated services,
      notwithstanding the provisions of section 1342 of title 31;
        (7) adopt an official seal, which shall be judicially noticed;
        (8) pay for expenses approved by him for official travel
      without regard to the Federal Travel Regulations or to the
      provisions of subchapter I of chapter 57 of title 5 (relating to
      rates of per diem allowances in lieu of subsistence expenses);
        (9) accept, hold, administer, and utilize gifts, devises, and
      bequests of property, both real and personal, for the purpose of
      aiding or facilitating the work of the Office;
        (10) acquire, by purchase or exchange, not more than two
      passenger motor vehicles for use abroad, except that no vehicle
      may be acquired at a cost exceeding $9,500; and
        (11) provide, where authorized by law, copies of documents to
      persons at cost, except that any funds so received shall be
      credited to, and be available for use from, the account from
      which expenditures relating thereto were made.
    (f) Use of other Federal agencies
      The United States Trade Representative shall, to the extent he
    deems it necessary for the proper administration and execution of
    the trade agreements programs of the United States, draw upon the
    resources of, and consult with, Federal agencies in connection with
    the performance of his functions.
    (g) Authorization of appropriations
      (1)(A) There are authorized to be appropriated to the Office for
    the purposes of carrying out its functions the following:
        (i) $32,300,000 for fiscal year 2003.
        (ii) $33,108,000 for fiscal year 2004.

      (B) Of the amounts authorized to be appropriated under
    subparagraph (A) for any fiscal year - 
        (i) not to exceed $98,000 may be used for entertainment and
      representation expenses of the Office; and
        (ii) not to exceed $1,000,000 shall remain available until
      expended.

      (2) For the fiscal year beginning October 1, 1982, and for each
    fiscal year thereafter, there are authorized to be appropriated to
    the Office for the salaries of its officers and employees such
    additional sums as may be provided by law to reflect pay rate
    changes made in accordance with the Federal Pay Comparability Act
    of 1970.
      (3) By not later than the date on which the President submits to
    Congress the budget of the United States Government for a fiscal
    year, the United States Trade Representative shall submit to the
    Committee on Ways and Means of the House of Representatives and the
    Committee on Finance of the Senate the projected amount of funds
    for the succeeding fiscal year that will be necessary for the
    Office to carry out its functions.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 141, Jan. 3, 1975, 88 Stat. 1999;
    Pub. L. 97-456, Sec. 3(a)-(d)(2), Jan. 12, 1983, 96 Stat. 2504,
    2505; Pub. L. 98-573, title III, Sec. 304(d)(2)(A), title VII, Sec.
    703, Oct. 30, 1984, 98 Stat. 3004, 3043; Pub. L. 99-272, title
    XIII, Sec. 13023, Apr. 7, 1986, 100 Stat. 307; Pub. L. 99-514,
    title XVIII, Sec. 1887(a)(3), (4), Oct. 22, 1986, 100 Stat. 2923;
    Pub. L. 100-203, title IX, Sec. 9504, Dec. 22, 1987, 101 Stat. 1330-
    382; Pub. L. 100-418, title I, Sec. 1601, Aug. 23, 1988, 102 Stat.
    1260; Pub. L. 101-207, Sec. 1(a), Dec. 7, 1989, 103 Stat. 1833;
    Pub. L. 101-382, title I, Sec. 103(a), Aug. 20, 1990, 104 Stat.
    634; Pub. L. 103-465, title VI, Sec. 621(a)(8), Dec. 8, 1994, 108
    Stat. 4993; Pub. L. 104-65, Sec. 21(b), Dec. 19, 1995, 109 Stat.
    704; Pub. L. 104-295, Sec. 20(f)(1), Oct. 11, 1996, 110 Stat. 3529;
    Pub. L. 106-36, title I, Sec. 1001(a)(2), June 25, 1999, 113 Stat.
    130; Pub. L. 106-200, title IV, Sec. 406, May 18, 2000, 114 Stat.
    293; Pub. L. 107-210, div. A, title III, Sec. 361(a), (b), Aug. 6,
    2002, 116 Stat. 991; Pub. L. 108-429, title II, Sec. 2004(a)(15),
    Dec. 3, 2004, 118 Stat. 2591.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subtitles A and B of title VII and section 337, referred to in
    subsec. (d)(3)(A) to (C), probably mean subtitles A and B of title
    VII and section 337 of the Tariff Act of 1930 which is act June 17,
    1930, ch. 497, 46 Stat. 590, as amended. Subtitles A and B of title
    VII of the Tariff Act of 1930 are classified generally to parts I
    and II (Sec. 1671 et seq. and 1673 et seq., respectively) of
    subtitle IV of chapter 4 of this title. Section 337 of the Tariff
    Act of 1930 is classified to section 1337 of this title. For
    complete classification of this Act to the Code, see section 1654
    of this title and Tables.
      Subchapter III of this chapter, referred to in subsec. (d)(3)(D),
    was in the original "title III of the Trade Act of 1974", which is
    Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1
    of title III of the Trade Act of 1974 is classified generally to
    subchapter III (Sec. 2411 et seq.) of this chapter. For complete
    classification of title III to the Code, see Tables.
      The civil service laws, referred to in subsec. (e)(1), are set
    forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.
      The classification laws, referred to in subsec. (e)(1), are set
    forth in chapter 51 (Sec. 5101 et seq.) and subchapter III (Sec.
    5331 et seq.) of chapter 53 of Title 5.
      The Federal Pay Comparability Act of 1970, referred to in subsec.
    (g)(2), is Pub. L. 91-656, Jan. 8, 1971, 84 Stat. 1946, as amended,
    which enacted sections 5305 to 5308 and 5947 of Title 5, amended
    sections 5108, 5301, and 5942 of Title 5 and section 410 of Title
    39, Postal Service, repealed section 5302 of Title 5, and enacted
    provisions set out as notes under sections 5303 and 5942 of Title
    5, section 60a of Title 2, The Congress, and section 410 of Title
    39. For complete classification of the Act to the Code see Short
    Title note set out under section 5301 of Title 5 and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of section 141 of Pub. L. 93-618. Section
    141(b) of Pub. L. 93-618 contains two pars. (3), the first of which
    amended sections 5312 and 5314 of Title 5, Government Organization
    and Employees.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(2). Pub. L. 108-429 realigned margins.
      2002 - Subsec. (g)(1)(A). Pub. L. 107-210, Sec. 361(a)(1)(A),
    struck out "not to exceed" after "functions" in introductory
    provisions.
      Subsec. (g)(1)(A)(i). Pub. L. 107-210, Sec. 361(a)(1)(B), added
    cl. (i) and struck out former cl. (i) which read as follows:
    "$23,250,000 for fiscal year 1991."
      Subsec. (g)(1)(A)(ii). Pub. L. 107-210, Sec. 361(a)(1)(C), added
    cl. (ii) and struck out former cl. (ii) which read as follows:
    "$21,077,000 for fiscal year 1992."
      Subsec. (g)(1)(B). Pub. L. 107-210, Sec. 361(a)(2), inserted
    "and" at end of cl. (i), redesignated cl. (iii) as (ii), and struck
    out former cl. (ii) which read as follows: "not to exceed
    $2,050,000 may be used to pay the United States share of the
    expenses of binational panels and extraordinary challenge
    committees convened pursuant to chapter 19 of the United States-
    Canada Free-Trade Agreement; and".
      Subsec. (g)(3). Pub. L. 107-210, Sec. 361(b), added par. (3).
      2000 - Subsec. (b)(2). Pub. L. 106-200, Sec. 406(1), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "There
    shall be in the Office three Deputy United States Trade
    Representatives who shall be appointed by the President, by and
    with the advice and consent of the Senate. As an exercise of the
    rulemaking power of the Senate, any nomination of a Deputy United
    States Trade Representative submitted to the Senate for
    confirmation, and referred to a committee, shall be referred to the
    Committee on Finance. Each Deputy United States Trade
    Representative shall hold office at the pleasure of the President
    and shall have the rank of Ambassador."
      Subsec. (c)(5). Pub. L. 106-200, Sec. 406(2), added par. (5).
      1999 - Subsec. (b)(3). Pub. L. 106-36 struck out "Limitation on
    appointments. - " after "(3)" and realigned margins.
      1996 - Subsec. (c)(1)(D). Pub. L. 104-295 struck out comma after
    "World Trade Organization,".
      1995 - Subsec. (b)(3). Pub. L. 104-65 added par. (3).
      1994 - Subsec. (c)(1)(C). Pub. L. 103-465, Sec. 621(a)(8)(A),
    inserted "all negotiations on any matter considered under the
    auspices of the World Trade Organization," after "including".
      Subsec. (c)(1)(D). Pub. L. 103-465, Sec. 621(a)(8)(B), inserted
    ", including any matter considered under the auspices of the World
    Trade Organization," after "functions".
      1990 - Subsec. (g)(1). Pub. L. 101-382 amended par. (1)
    generally. Prior to amendment, par. (1) read as follows:
      "(A) There are authorized to be appropriated for fiscal year 1990
    to the Office for the purposes of carrying out its functions not to
    exceed $19,651,000.
      "(B) Of the amounts authorized to be appropriated under
    subparagraph (A) for fiscal year 1990 - 
        "(i) not to exceed $89,000 may be used for entertainment and
      representation expenses of the Office; and
        "(ii) not to exceed $1,000,000 shall remain available until
      expended."
      1989 - Subsec. (g)(1). Pub. L. 101-207, in subpar. (A),
    substituted "1990" for "1988" and "$19,651,000" for "$15,172,000",
    and in subpar. (B), substituted "1990" for "1988" in introductory
    provisions, and "$89,000" for "$69,000" in cl. (i).
      1988 - Subsec. (c)(1). Pub. L. 100-418, Sec. 1601(a)(1), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "The United States Trade Representative shall - 
        "(A) be the chief representative of the United States for each
      trade negotiation under this subchapter or section 2411 of this
      title;
        "(B) report directly to the President and the Congress, and be
      responsible to the President and the Congress for the
      administration of trade agreements programs under this chapter,
      the Trade Expansion Act of 1962 [19 U.S.C. 1801 et seq.], and
      section 1351 of this title;
        "(C) advise the President and Congress with respect to
      nontariff barriers to international trade, international
      commodity agreements, and other matters which are related to the
      trade agreements programs;
        "(D) be responsible for making reports to Congress with respect
      to the matter set forth in subparagraphs (A) and (B);
        "(E) be chairman of the interagency trade organization
      established pursuant to section 242(a) of the Trade Expansion Act
      of 1962 [19 U.S.C. 1872(a)]; and
        "(F) be responsible for such other functions as the President
      may direct."
      Subsec. (c)(2) to (4). Pub. L. 100-418, Sec. 1601(a)(2), (3),
    added par. (2) and redesignated former pars. (2) and (3) as (3) and
    (4), respectively.
      Subsecs. (d) to (g). Pub. L. 100-418, Sec. 1601(b)(1), (2), added
    subsec. (d) and redesignated former subsecs. (d) to (f) as (e) to
    (g), respectively.
      1987 - Subsec. (f)(1). Pub. L. 100-203 amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "There are
    authorized to be appropriated to the Office for the purpose of
    carrying out its functions $13,582,000 for fiscal year 1986; of
    which not to exceed $80,000 may be used for entertainment and
    representation expenses."
      1986 - Subsec. (d)(1). Pub. L. 99-272, Sec. 13023(1), inserted
    provision that not more than 20 individuals may be employed without
    regard to any provision of law regulating the employment or
    compensation at rates not to exceed the rate of pay for level IV of
    the Executive Schedule.
      Subsec. (d)(6). Pub. L. 99-514, Sec. 1887(a)(3), substituted
    "1342 of title 31" for "3679(b) of the Revised Statutes (31 U.S.C.
    665(b))".
      Subsec. (d)(8), (11). Pub. L. 99-514, Sec. 1887(a)(4),
    redesignated the par. (8) relating to the provision of copies of
    documents to persons at cost as par. (11).
      Subsec. (f)(1). Pub. L. 99-272, Sec. 13023(2), substituted
    "$13,582,000 for fiscal year 1986" for "$14,179,000 for fiscal year
    1985".
      1984 - Subsec. (d)(6) to (8). Pub. L. 98-573, Sec. 304(d)(2)(A),
    which directed that a new par. (8), relating to the provision of
    copies of documents to persons at cost, be added to subsec. (d) by
    striking out "and" at the end of par. (6), substituting "; and" for
    the period at the end of par. (7), and adding the new par. (8) at
    the end thereof, was executed by adding the new par. (8) following
    par. (10). Amendments to pars. (6) and (7) could not be executed.
      Subsec. (f)(1). Pub. L. 98-573, Sec. 703, substituted provisions
    authorizing appropriations of $14,179,000 for fiscal year 1985, of
    which not more than $80,000 may be used for entertainment and
    representation for provisions authorizing appropriations of
    $11,100,000 for fiscal year 1983, of which not more than $65,000
    could be used for entertainment and representation expenses.
      1983 - Subsec. (a). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted
    "United States Trade Representative" for "Special Representative
    for Trade Negotiations".
      Subsec. (b)(1). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted
    "United States Trade Representative" for "Special Representative
    for Trade Negotiations" wherever appearing.
      Subsec. (b)(2). Pub. L. 97-456, Sec. 3(c), (d)(2)(A), (B),
    substituted "three Deputy United States Trade Representatives" for
    "two Deputy Special Representatives for Trade Negotiations" after
    "in the Office", "a Deputy United States Trade Representative" for
    "a Deputy Special Representative" after "any nomination of a", and
    "Deputy United States Trade Representative" for "Deputy Special
    Representative for Trade Negotiations" after "Each".
      Subsec. (c)(1). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted
    "United States Trade Representative" for "Special Representative
    for Trade Negotiations" in provisions preceding subpar. (A).
      Subsec. (c)(2). Pub. L. 97-456, Sec. 3(b)(1), added par. (2).
    Former par. (2) redesignated (3).
      Subsec. (c)(3). Pub. L. 97-456, Sec. 3(b)(1), (d)(2)(C), (D),
    redesignated former par. (2) as (3) and substituted "Deputy United
    States Trade Representative" for "Deputy Special Representative for
    Trade Negotiations" after "Each" and "United States Trade
    Representative" for "Special Representative for Trade Negotiations"
    after "such other functions as the".
      Subsec. (d). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted "United
    States Trade Representative" for "Special Representative for Trade
    Negotiations" in provisions preceding par. (1).
      Subsec. (d)(3). Pub. L. 97-456, Sec. 3(b)(2), inserted ", powers
    and duties" after "functions".
      Subsec. (d)(5). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted
    "United States Trade Representative" for "Special Representative
    for Trade Negotiations".
      Subsec. (d)(8) to (10). Pub. L. 97-456, Sec. 3(b)(3)-(5), added
    pars. (8) to (10).
      Subsec. (e). Pub. L. 97-456, Sec. 3(d)(1)(D), substituted "United
    States Trade Representative" for "Special Representative for Trade
    Negotiations".
      Subsec. (f). Pub. L. 97-456, Sec. 3(a), substituted provisions
    authorizing for appropriation $11,100,000 for fiscal 1983, of which
    no more than $65,000 could be used for entertainment and
    representation expenses, and authorizing for appropriation such
    additional sums as might be provided in accordance with the Federal
    Pay Comparability Act of 1970, for provisions authorizing for
    appropriation necessary sums for fiscal 1976 and each fiscal year
    thereafter any part of which was within the five-year period
    beginning on Jan. 3, 1975.
      Subsec. (g). Pub. L. 97-456, Sec. 3(d)(1), struck out subsec. (g)
    which abolished the Office of Special Representative for Trade
    Negotiations and transferred its assets and obligations to the
    Office of United States Trade Representative.
      Subsec. (h). Pub. L. 97-456, Sec. 3(d)(1), struck out subsec. (h)
    which permitted any individual holding the position of Special
    Representative for Trade Negotiations or Deputy Special
    Representative for Trade Negotiations on Jan. 3, 1975, appointed
    with the advice and consent of the Senate, to continue to hold such
    position, and provided for the transfer of personnel employed by
    the Office of Special Representative for Trade Negotiations on Jan.
    2, 1975, to the Office of United States Trade Representative.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under part 2 or 3 of subchapter II of this
    chapter on or after the date that is 90 days after Aug. 6, 2002,
    except as otherwise provided, see section 151 of Pub. L. 107-210,
    set out as a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1995 AMENDMENT                 
      Amendment by Pub. L. 104-65 applicable with respect to an
    individual appointed as United States Trade Representative or as a
    Deputy United States Trade Representative on or after Dec. 19,
    1995, see section 21(c) of Pub. L. 104-65, set out as a note under
    section 207 of Title 18, Crimes and Criminal Procedure.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the date on which the
    WTO Agreement enters into force with respect to the United States
    [Jan. 1, 1995], see section 621(b) of Pub. L. 103-465, set out as a
    note under section 1677k of this title.

          CHIEF NEGOTIATOR FOR INTELLECTUAL PROPERTY ENFORCEMENT      
      Pub. L. 108-447, div. B, title II, Dec. 8, 2004, 118 Stat. 2872,
    provided in part: "That there is established a position of Chief
    Negotiator for Intellectual Property Enforcement."

     WAIVER OF PROVISIONS LIMITING APPOINTMENT OF TRADE REPRESENTATIVE 
      Pub. L. 105-5, Mar. 17, 1997, 111 Stat. 11, provided: "That
    notwithstanding the provisions of paragraph (3) of section 141(b)
    of the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) or any other
    provision of law, the President, acting by and with the advice and
    consent of the Senate, is authorized to appoint Charlene Barshefsky
    as the United States Trade Representative."

          REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES      
      References in laws to the rates of pay for GS-16, 17, or 18, or
    to maximum rates of pay under the General Schedule, to be
    considered references to rates payable under specified sections of
    Title 5, Government Organization and Employees, see section 529
    [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
    under section 5376 of Title 5.

      SENIOR COMMERCIAL OFFICERS TO HOLD TITLE OF MINISTER-COUNSELOR;
                         MAXIMUM NUMBER DESIGNATED
      Provisions requiring the Secretary of State, upon the request of
    the Secretary of Commerce, to accord the diplomatic title of
    Minister-Counselor to the senior Commercial Officer assigned to any
    United States mission abroad with a limit on the number of
    Commercial Service officers accorded such diplomatic title at any
    time were contained in the following appropriation acts:
      Pub. L. 102-395, title II, Oct. 6, 1992, 106 Stat. 1852.
      Pub. L. 102-140, title II, Oct. 28, 1991, 105 Stat. 802.
      Pub. L. 101-515, title I, Nov. 5, 1990, 104 Stat. 2103.
      Pub. L. 101-162, title I, Nov. 21, 1989, 103 Stat. 991.
      Pub. L. 100-459, title I, Oct. 1, 1988, 102 Stat. 2189.
      Pub. L. 100-202, Sec. 101(a) [title I], Dec. 22, 1987, 101 Stat.
    1329, 1329-3.

            PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989        
      For provisions directing that if any amendments made by subtitle
    A or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or
    title XVIII [Secs. 1801-1899A] of Pub. L. 99-514 require an
    amendment to any plan, such plan amendment shall not be required to
    be made before the first plan year beginning on or after Jan. 1,
    1989, see section 1140 of Pub. L. 99-514, as amended, set out as a
    note under section 401 of Title 26, Internal Revenue Code.

                     REORGANIZATION PLAN NO. 3 OF 1979                 

       44 F.R. 69273, 93 STAT. 1381, AS AMENDED PUB. L. 97-195, SEC.
    1(C)(6), JUNE 16, 1982, 96 STAT. 115; PUB. L. 97-377, TITLE I, SEC.
                     122, DEC. 21, 1982, 96 STAT. 1913
    Prepared by the President and transmitted to the Senate and the
      House of Representatives in Congress assembled, September 25,
      1979, pursuant to the provisions of chapter 9 of title 5 of the
      United States Code.

        REORGANIZATION OF FUNCTIONS RELATING TO INTERNATIONAL TRADE    

        SECTION 1. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE    
      (a) The Office of the Special Representative for Trade
    Negotiations is redesignated the Office of the United States Trade
    Representative.
      (b)(1) The Special Representative for Trade Negotiations is
    redesignated the United States Trade Representative (hereinafter
    referred to as the "Trade Representative"). The Trade
    Representative shall have primary responsibility, with the advice
    of the interagency organization established under section 242 of
    the Trade Expansion Act of 1962 (19 U.S.C. 1872) (hereinafter
    referred to as the "Committee"), for developing, and for
    coordinating the implementation of, United States international
    trade policy, including commodity matters and, to the extent they
    are related to international trade policy, direct investment
    matters. The Trade Representative shall serve as the principal
    advisor to the President on international trade policy and shall
    advise the President on the impact of other policies of the United
    States Government on international trade.
      (2) The Trade Representative shall have lead responsibility for
    the conduct of international trade negotiations, including
    commodity and direct investment negotiations in which the United
    States participates.
      (3) To the extent necessary to assure the coordination of
    international trade policy, and consistent with any other law, the
    Trade Representative, with the advice of the Committee, shall issue
    policy guidance to departments and agencies on basic issues of
    policy and interpretation arising in the exercise of the following
    international trade functions. Such guidance shall determine the
    policy of the United States with respect to international trade
    issues arising in the exercise of such functions:
        (A) matters concerning the General Agreement on Tariffs and
      Trade, including implementation of the trade agreements set forth
      in section 2(c) of the Trade Agreements Act of 1979 [19 U.S.C.
      2503(c)]; United States Government positions on trade and
      commodity matters dealt with by the Organization for Economic
      Cooperation and Development, the United Nations Conference on
      Trade and Development, and other multilateral organizations; and
      the assertion and protection of the rights of the United States
      under bilateral and multilateral international trade and
      commodity agreements;
        (B) expansion of exports from the United States;
        (C) policy research on international trade, commodity, and
      direct investment matters;
        (D) to the extent permitted by law, overall United States
      policy with regard to unfair trade practices, including
      enforcement of countervailing duties and antidumping functions
      under section 303 and title VII of the Tariff Act of 1930 [19
      U.S.C. 1303, 1671 et seq.];
        (E) bilateral trade and commodity issues, including East-West
      trade matters; and
        (F) international trade issues involving energy.
      (4) All functions of the Trade Representative shall be conducted
    under the direction of the President.
      (c) The Deputy Special Representatives for Trade Negotiations are
    redesignated Deputy United States Trade Representatives.

                      SEC. 2. DEPARTMENT OF COMMERCE                  
      (a) The Secretary of Commerce (hereinafter referred to as the
    "Secretary") shall have, in addition to any other functions
    assigned by law, general operational responsibility for major
    nonagricultural international trade functions of the United States
    Government, including export development, commercial representation
    abroad, the administration of the antidumping and countervailing
    duty laws, export controls, trade adjustment assistance to firms
    and communities, research and analysis, and monitoring compliance
    with international trade agreements to which the United States is a
    party.
      (b)(1) There shall be in the Department of Commerce (hereinafter
    referred to as the "Department") a Deputy Secretary appointed by
    the President, by and with the advice and consent of the Senate.
    The Deputy Secretary shall receive compensation at the rate payable
    for Level II of the Executive Schedule [5 U.S.C. 5315], and shall
    perform such duties and exercise such powers as the Secretary may
    from time to time prescribe.
      (2) The position of Under Secretary of Commerce established under
    section 1 of the Act of June 5, 1939 (ch. 180, 53 Stat. 808; 15
    U.S.C. 1502) is abolished.
      (c) There shall be in the Department an Under Secretary for
    International Trade appointed by the President, by and with the
    advice and consent of the Senate. The Under Secretary for
    International Trade shall receive compensation at the rate payable
    for Level III of the Executive Schedule [5 U.S.C. 5314], and shall
    perform such duties and exercise such powers as the Secretary may
    from time to time prescribe.
      (d) There shall be in the Department two additional Assistant
    Secretaries appointed by the President, by and with the advice and
    consent of the Senate. Each such Assistant Secretary shall perform
    such duties and exercise such powers as the Secretary may from time
    to time prescribe.
      (e) There shall be in the Department of Commerce a Director
    General of the United States and Foreign Commercial Services who
    shall be appointed by the President, by and with the advice and
    consent of the Senate, and shall receive compensation at the rate
    prescribed by law for level IV of the Executive Schedule [5 U.S.C.
    5315]. [As amended Pub. L. 97-195, Sec. 1(c)(6), June 16, 1982, 96
    Stat. 115; Pub. L. 97-377, title I, Sec. 122, Dec. 21, 1982, 96
    Stat. 1913.]

              SEC. 3. EXPORT-IMPORT BANK OF THE UNITED STATES          
      The Trade Representative and the Secretary shall serve, ex
    officio and without vote, as additional members of the Board of
    Directors of the Export-Import Bank of the United States.

              SEC. 4. OVERSEAS PRIVATE INVESTMENT CORPORATION          
      (a) The Trade Representative shall serve, ex officio, as an
    additional voting member of the Board of Directors of the Overseas
    Private Investment Corporation. The Trade Representative shall be
    the Vice Chair of such Board.
      (b) There shall be an additional member of the Board of Directors
    of the Overseas Private Investment Corporation who shall be
    appointed by the President of the United States, by and with the
    advice and consent of the Senate, and who shall not be an official
    or employee of the Government of the United States. Such Director
    shall be appointed for a term of no more than three years.

                       SEC. 5. TRANSFER OF FUNCTIONS                   
      (a)(1) There are transferred to the Secretary all functions of
    the Secretary of the Treasury, the General Counsel of the
    Department of the Treasury, or the Department of the Treasury
    pursuant to the following:
        (A) section 305(b) of the Trade Agreements Act of 1979 (19
      U.S.C. 2515(b)), to be exercised in consultation with the
      Secretary of the Treasury;
        (B) section 232 of the Trade Expansion Act of 1962 (19 U.S.C.
      1862);
        (C) section 303 and title VII (including section 771(1) [19
      U.S.C. 1677(1)] of the Tariff Act of 1930 (19 U.S.C. 1303, 1671
      et seq.), except that the Customs Service of the Department of
      the Treasury shall accept such deposits, bonds, or other security
      as deemed appropriate by the Secretary, shall assess and collect
      such duties as may be directed by the Secretary, and shall
      furnish such of its important records or copies thereof as may be
      requested by the Secretary incident to the functions transferred
      by this subparagraph;
        (D) sections 514, 515, and 516 of the Tariff Act of 1930 (19
      U.S.C. 1514, 1515, and 1516) insofar as they relate to any
      protest, petition, or notice of desire to contest described in
      section 1002(b)(1) of the Trade Agreements Act of 1979 [19 U.S.C.
      1516a note];
        (E) with respect to the functions transferred by subparagraph
      (C) of this paragraph, section 318 of the Tariff Act of 1930 (19
      U.S.C. 1318), to be exercised in consultation with the Secretary
      of the Treasury;
        (F) with respect to the functions transferred by subparagraph
      (C) of this paragraph, section 502(b) of the Tariff Act of 1930
      (19 U.S.C. 1502(b)), and, insofar as it provides authority to
      issue regulations and disseminate information, to be exercised in
      consultation with the Secretary of the Treasury to the extent
      that the Secretary of the Treasury has responsibility under
      subparagraph (C), section 502(a) of such Act (19 U.S.C. 1502(a));
        (G) with respect to the functions transferred by subparagraph
      (C) of this paragraph, section 617 of the Tariff Act of 1930 (19
      U.S.C. 1617); and
        (H) section 2632(e) of title 28 of the United States Code,
      insofar as it relates to actions taken by the Secretary
      reviewable under section 516A of the Tariff Act of 1930 (19
      U.S.C. 1516(a)) [19 U.S.C. 1516a].
      (2) The Secretary shall consult with the Trade Representative
    regularly in exercising the functions transferred by subparagraph
    (C) of paragraph (1) of this subsection, and shall consult with the
    Trade Representative regarding any substantive regulation proposed
    to be issued to enforce such functions.
      (b)(1) There are transferred to the Secretary all trade promotion
    and commercial functions of the Secretary of State or the
    Department of State that are - 
        (A) performed in full-time overseas trade promotion and
      commercial positions; or
        (B) performed in such countries as the President may from time
      to time prescribe.
      (2) To carry out the functions transferred by paragraph (1) of
    this subsection, the President, to the extent he deems it
    necessary, may authorize the Secretary to utilize Foreign Service
    personnel authorities and to exercise the functions vested in the
    Secretary of State by the Foreign Service Act of 1946 (22 U.S.C.
    801 et seq.) [see 22 U.S.C. 3901 et seq.] and by any other laws
    with respect to personnel performing such functions.
      (c) There are transferred to the President all functions of the
    East-West Foreign Trade Board under section 411(c) of the Trade Act
    of 1974 (19 U.S.C. 2441(c)).
      (d) Appropriations available to the Department of State for
    Fiscal Year 1980 for representation of the United States concerning
    matters arising under the General Agreement on Tariffs and Trade
    and trade and commodity matters dealt with under the auspices of
    the United Nations Conference on Trade and Development are
    transferred to the Trade Representative.
      (e) There are transferred to the interagency organization
    established under section 242 of the Trade Expansion Act of 1962
    (19 U.S.C. 1872) all functions of the East-West Foreign Trade Board
    under section 411(a) and (b) of the Trade Act of 1974 (19 U.S.C.
    2441(a) and (b)).

                             SEC. 6. ABOLITION                         
      The East-West Foreign Trade Board established under section 411
    of the Trade Act of 1974 (19 U.S.C. 2441) is abolished.

             SEC. 7. RESPONSIBILITY OF THE SECRETARY OF STATE         
      Nothing in this reorganization plan is intended to derogate from
    the responsibility of the Secretary of State for advising the
    President on foreign policy matters, including the foreign policy
    aspects of international trade and trade-related matters:

              SEC. 8. INCIDENTAL TRANSFERS; INTERIM OFFICERS          
      (a) So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with
    the functions transferred under this reorganization plan as the
    Director of the Office of Management and Budget shall determine
    shall be transferred to the appropriate agency, organization, or
    component at such time or times as such Director shall provide,
    except that no such unexpended balances transferred shall be used
    for purposes other than those for which the appropriation
    originally was made. The Director of the Office of Management and
    Budget shall provide for terminating the affairs of any agency
    abolished herein and for such further measures and dispositions as
    such Director deems necessary to effectuate the purposes of the
    reorganization plan.
      (b) Pending the assumption of office by the initial officers
    provided for in section 2 of this reorganization plan, the
    functions of each such office may be performed, for up to a total
    of 60 days, by such individuals as the President may designate. Any
    individual so designated shall be compensated at the rate provided
    herein for such position.

                          SEC. 9. EFFECTIVE DATE                      
      The provisions of this reorganization plan shall take effect
    October 1, 1980, or at such earlier time or times as the President
    shall specify, but not sooner than the earliest time allowable
    under section 906 of title 5 of the United States Code.
      [Pursuant to Ex. Ord. 12175, Dec. 7, 1979, 44 F.R. 70705, section
    2(b)(1) of this Reorg. Plan is effective Dec. 7, 1979].
      [Pursuant to Ex. Ord. 12188, Jan. 2, 1980, 45 F.R. 989, sections
    1, 2(a), (b)(2), (c), (d), 3, 4, 5(a), (b)(2), (c)-(e), 6-8 of this
    Reorg. Plan are effective Jan. 2, 1980, and section 5(b)(1) of this
    Reorg. Plan is effective Apr. 1, 1980].

                         MESSAGE OF THE PRESIDENT                     
    To the Congress of the United States:
      I transmit herewith Reorganization Plan No. 3 of 1979, to
    consolidate trade functions of the United States Government. I am
    acting under the authority vested in me by the Reorganization Act
    of 1977, chapter 9 of title 5 of the United States Code, and
    pursuant to section 1109 of the Trade Agreements Act of 1979 [19
    U.S.C. 2111 note] which directs that I transmit to the Congress a
    proposal to restructure the international trade functions of the
    Executive branch.
      The goal of this reorganization is to improve the capacity of the
    Government to strengthen the export performance of United States
    industry and to assure fair international trade practices, taking
    into account the interests of all elements of our economy.
      Recent developments, which have raised concern about the vitality
    of our international trade performance, have focused much attention
    on the way our trade machinery is organized. These developments
    include our negative trade balance, increasing dependence upon
    foreign oil, and international pressures on the dollar. New
    challenges, such as implementation of the Multilateral Trade
    Negotiation (MTN) agreements and trade with non-market economies,
    will further test our Government trade organization.
      We must be prepared to apply domestically the MTN codes on
    procurement, subsidies, standards, and customs valuation. We also
    must monitor major implementation measures abroad, reporting back
    to American business on important developments and, where
    necessary, raising questions internationally about foreign
    implementation. MTN will work - will open new markets for U.S.
    labor, farmers, and business - only if we have adequate procedures
    for aggressively monitoring and enforcing it. We intend to meet our
    obligations, and we expect others to do the same.
      The trade machinery we now have cannot do this job effectively.
    Although the Special Trade Representative (STR) takes the lead role
    in administering the trade agreements program, many issues are
    handled elsewhere and no agency has across-the-board leadership in
    trade. Aside from the Trade Representative and the Export-Import
    Bank, trade is not the primary concern of any Executive branch
    agency where trade functions are located. The current arrangements
    lack a central authority capable of planning a coherent trade
    strategy and assuring its vigorous implementation.
      This reorganization is designed to correct such deficiencies and
    to prepare us for strong enforcement of the MTN codes. It aims to
    improve our export promotion activities so that United States
    exporters can take full advantage of trade opportunities in foreign
    markets. It provides for the timely and efficient administration of
    our unfair trade laws. It also establishes an efficient mechanism
    for shaping an effective, comprehensive United States trade policy.
      To achieve these objectives, I propose to place policy
    coordination and negotiation - those international trade functions
    that most require comprehensiveness, influence, and Government-wide
    perspective - in the Executive Office of the President. I propose
    to place operational and implementation responsibilities, which are
    staff-intensive, in line departments that have the requisite
    resources and knowledge of the major sectors of our economy to
    handle them. I have concluded that building our trade structure on
    STR and Commerce, respectively, best satisfies these
    considerations.
      I propose to enhance STR, to be renamed the Office of the United
    States Trade Representative, by centralizing in it international
    trade policy development, coordination and negotiation functions.
    The Commerce Department will become the focus of non-agricultural
    operational trade responsibilities by adding to its existing duties
    those for commercial representation abroad, antidumping and
    countervailing duty cases, the non-agricultural aspects of MTN
    implementation, national security investigations, and embargoes.

                  THE UNITED STATES TRADE REPRESENTATIVE              
      The Trade Representative, with the advice of the Trade Policy
    Committee, will be responsible for developing and coordinating our
    international trade and direct investment policy, including the
    following areas:
      Import remedies. - The Trade Representative will exercise policy
    oversight of the application of import remedies, analyze long-term
    trends in import remedy cases and recommend any necessary
    legislative changes. For antidumping and countervailing duty
    matters, such coordination, to the extent legally permissible, will
    be directed toward the establishment of new precedents, negotiation
    of assurances, and coordination with other trade matters, rather
    than case-by-case fact finding and determinations.
      East-West trade policy. - The Trade Representative will have lead
    responsibility for East-West trade negotiations and will coordinate
    East-West trade policy. The Trade Policy Committee will assume the
    responsibilities of the East-West Foreign Trade Board.
      International investment policy. - The Trade Representative will
    have the policy lead regarding issues of direct foreign investment
    in the United States, direct investment by Americans abroad,
    operations of multinational enterprises, and multilateral
    agreements on international investment, insofar as such issues
    relate to international trade.
      International commodity policy. - The Trade Representative will
    assume responsibility for commodity negotiations and also will
    coordinate commodity policy.
      Energy trade. - While the Departments of Energy and State will
    continue to share responsibility for international energy issues,
    the Trade Representative will coordinate energy trade matters. The
    Department of Energy will become a member of the TPC.
      Export-expansion policy. - To ensure a vigorous and coordinated
    Government-wide export expansion effort, policy oversight of our
    export expansion activities will be the responsibility of the Trade
    Representative.
      The Trade Representative will have the lead role in bilateral and
    multilateral trade, commodity, and direct investment negotiations.
    The Trade Representative will represent the United States in
    General Agreement on Tariffs and Trade (GATT) matters. Since the
    GATT will be the principal international forum for implementing and
    interpreting the MTN agreements and since GATT meetings, including
    committee and working group meetings, occur almost continuously,
    the Trade Representative will have a limited number of permanent
    staff in Geneva. In some cases, it may be necessary to assign a
    small number of USTR staff abroad to assist in oversight of MTN
    enforcement. In this event, appropriate positions will be
    authorized. In recognition of the responsibility of the Secretary
    of State regarding our foreign policy, the activities of overseas
    personnel of the Trade Representative and the Commerce Department
    will be fully coordinated with other elements of our diplomatic
    missions.
      In addition to his role with regard to GATT matters, the Trade
    Representative will have the lead responsibility for trade and
    commodity matters considered in the Organization for Economic
    Cooperation and Development (OECD) and the United Nations
    Conference on Trade and Development (UNCTAD) when such matters are
    the primary issues under negotiation. Because of the Secretary of
    State's foreign policy responsibilities, and the responsibilities
    of the Director of the International Development Cooperation Agency
    as the President's principal advisor on development, the Trade
    Representative will exercise his OECD and UNCTAD responsibilities
    in close cooperation with these officials.
      To ensure that all trade negotiations are handled consistently
    and that our negotiating leverage is employed to the maximum, the
    Trade Representative will manage the negotiation of particular
    issues. Where appropriate, the Trade Representative may delegate
    responsibility for negotiations to other agencies with expertise on
    the issues under consideration. He will coordinate the operational
    aspects of negotiations through a Trade Negotiating Committee,
    chaired by the Trade Representative and including the Departments
    of Commerce, State, Treasury, Agriculture and Labor.
      The Trade Representative will be concerned not only with ongoing
    negotiations and coordination of specific, immediate issues, but
    also - very importantly - with the development of long-term United
    States trade strategies and policies. He will oversee
    implementation of the MTN agreements, and will advise the President
    on the effects of other Government policies (e.g., antitrust,
    taxation) on U.S. trade. In order to participate more fully in
    oversight of international investment and export financing
    activities, the Trade Representative will become a member of the
    National Advisory Council on International Monetary and Financial
    Policies and the Boards of the Export-Import Bank and the Overseas
    Private Investment Corporation.
      In performing these functions, the Trade Representative will act
    as the principal trade spokesman of the President. To assure that
    our trade policies take into account the broadest range of
    perspectives, the Trade Representative will consult with the Trade
    Policy Committee, whose mandate and membership will be expanded.
    The Trade Representative will, as appropriate, invite agencies such
    as the Export-Import Bank and the Overseas Private Investment
    Corporation to participate in TPC meetings in addition to the
    permanent TPC members. When different departmental views on trade
    matters exist within the TPC as will be the case from time to time
    in this complex policy area, I will expect the Trade Representative
    to resolve policy disagreements in his best judgment, subject to
    appeal to the President.

                        THE DEPARTMENT OF COMMERCE                    
      The Department of Commerce, under this proposal, will become the
    focal point of operational responsibilities in the non-agricultural
    trade area. My reorganization plan will transfer to the Commerce
    Department important responsibilities for administration of
    countervailing and antidumping matters, foreign commercial
    representation, and MTN implementation support. Consolidating these
    trade functions in the Department of Commerce builds upon an agency
    with extensive trade experience. The Department will retain its
    operational responsibilities in such areas as export controls, East-
    West trade, trade adjustment assistance to firms and communities,
    trade policy analysis, and monitoring foreign compliance with trade
    agreements. The Department will be substantially reorganized to
    consolidate and reshape its trade functions under an Under
    Secretary for International Trade.
      With this reorganization, trade functions will be strengthened
    within the Department of Commerce, and such related efforts in the
    Department as improvement of industrial innovation and the
    productivity, encouraging local and regional economic development,
    and sectoral analysis, will be closely linked to an aggressive
    trade program. Fostering the international competitiveness of
    American industry will become the principal mission of the
    Department of Commerce.

      Import remedies
      I propose to transfer to the Department of Commerce
    responsibility for administration of the countervailing duty and
    antidumping statutes. This function will be performed efficiently
    and effectively in an organizational setting where trade is the
    primary mission. This activity will be directed by a new Assistant
    Secretary for Trade Administration, subject to Senate confirmation.
    Although the plan permits its provisions to take effect as late as
    October 1, 1980, I intend to make this transfer effective by
    January 1, 1980, so that it will occur as the new MTN codes take
    effect. Commerce will continue its supportive role in the staffing
    of other unfair trade practice issues, such as cases arising under
    section 301 of the Trade Act of 1974 [19 U.S.C. 2411].

      Commercial representation
      This reorganization plan will transfer to the Department of
    Commerce responsibility for commercial representation abroad. This
    transfer would place both domestic and overseas export promotion
    activities under a single organization, directed by an Assistant
    Secretary for Export Development, charged with aggressively
    expanding U.S. export opportunities. Placing this Foreign
    Commercial Service in the Commerce Department will allow commercial
    officers to concentrate on the promotion of U.S. exports as their
    principal activity.
      Initially, the transfer of commercial representation from State
    to Commerce will involve all full-time overseas trade promotion and
    commercial positions (approximately 162), responsibility for this
    function in the countries (approximately 60) to which these
    individuals are assigned, and the associated foreign national
    employees in those countries. Over time, the Department of Commerce
    undoubtedly will review the deployment of commercial officers in
    light of changing trade circumstances and propose extensions or
    alterations of coverage of the Foreign Commercial Service.

      MTN implementation
      I am dedicated to the aggressive implementation of the
    Multilateral Trade Agreements. The United States must seize the
    opportunities and enforce the obligations created by these
    agreements. Under this proposal, the Department of Commerce will
    assign high priority to this task. The Department of Commerce will
    be responsible for the day-to-day implementation of non-
    agricultural aspects of the MTN agreements. Management of this
    function will be a principal assignment of an Assistant Secretary
    for Trade Policy and Programs. Implementation activities will
    include:
          monitoring agreements and targeting problems for consultation
        and negotiation;
          operating a Trade Complaint Center where the private sector
        can receive advice as to the recourse and remedies available;
          aiding in the settlement of disputes, including staffing of
        formal complaint cases;
          identifying problem areas for consideration by the Trade
        Representative and the Trade Policy Committee;
          educational and promotion programs regarding the provisions
        of the agreements and the processes for dealing with problems
        that arise;
          providing American business with basic information on foreign
        laws, regulations and procedures;
          consultations with private sector advisory committees; and
          general analytical support.
      These responsibilities will be handled by a unit built around the
    staff from Commerce that provided essential analytical support to
    STR throughout the MTN negotiation process. Building implementation
    of MTN around this core group will assure that the government's
    institutional memory and expertise on MTN is most effectively
    devoted to the challenge ahead. When American business needs
    information or encounters problems in the MTN area, it can turn to
    the Department of Commerce for knowledgeable assistance.
      Matching the increased importance of trade in the Department's
    mission will be a much strengthened trade organization within the
    Department. By creating a number of new senior level positions in
    the Department, we will ensure that trade policy implementation
    receives the kind of day-to-day top management attention that it
    both demands and requires.
      With its new responsibilities and resources, the Department of
    Commerce will become a key participant in the formulation of our
    trade policies. Much of the analysis in support of trade policy
    formulation will be conducted by the Department of Commerce, which
    will be close to the operational aspects of the problems that raise
    policy issues.
      To succeed in global competition, we must have a better
    understanding of the problems and prospects of U.S. industry,
    particularly in relation to the growing strength of industries
    abroad. This is the key reason why we will upgrade sectoral
    analysis capabilities throughout the Department of Commerce,
    including the creation of a new Bureau of Industrial Analysis.
    Commerce, with its ability to link trade to policies affecting
    industry, is uniquely suited to serve as the principal technical
    expert within the Government on special industry sector problems
    requiring international consultation, as well as to provide
    industry-specific information on how tax, regulatory and other
    Government policies affect the international competitiveness of the
    U.S. industries.
      Commerce will also expand its traditional trade policy focus on
    industrial issues to deal with the international trade and
    investment problems of our growing services sector. Under the
    proposal, there will be comprehensive service industry
    representation in our industry advisory process, as well as a
    continuing effort to bring services under international discipline.
    I expect the Commerce Department to play a major role in developing
    new service sector initiatives for consideration within the
    Government.
      After an investigation lasting over a year, I have found that
    this reorganization is necessary to carry out the policy set forth
    in section 901(a) of title 5 of the United States Code. As
    described above, this reorganization will increase significantly
    our ability to implement the MTN agreements efficiently and
    effectively and will improve greatly the services of the government
    with regard to export development. These improvements will be
    achieved with no increase in personnel or expenditures, except for
    an annual expense of about $300,000 for the salaries and clerical
    support of the three additional senior Commerce Department
    officials and a non-recurring expense of approximately $600,000 in
    connection with the transfers of functions provided in the plan. I
    find that the reorganization made by this plan makes necessary the
    provisions for the appointment and pay of a Deputy Secretary, an
    Under Secretary for International Trade, and two additional
    Assistant Secretaries of the Department of Commerce, and additional
    members of the Boards of Directors of the Export-Import Bank and
    the Overseas Private Investment Corporation.
      It is indeed appropriate that this proposal follows so soon after
    the overwhelming approval by the Congress of the Trade Agreements
    Act of 1979 [19 U.S.C. 2501 et seq.], for it will sharpen and unify
    trade policy direction, improve the efficiency of trade law
    enforcement, and enable us to negotiate abroad from a position of
    strength. The extensive discussions between Administration
    officials and the Congress on this plan have been a model of the
    kind of cooperation that can exist between the two branches. I look
    forward to our further cooperation in successfully implementing
    both this reorganization proposal and the MTN agreements.
                                                           Jimmy Carter.

      The White House, September 25, 1979.


-EXEC-
                         EXECUTIVE ORDER NO. 11143                     
      Ex. Ord. No. 11143, Mar. 2, 1963, 29 F.R. 3127, as amended by Ex.
    Ord. No. 11159, June 23, 1964, 29 F.R. 8137, formerly set out under
    section 1871 of this title, which established the Public Advisory
    Committee for Trade Expansion, was revoked by Ex. Ord. No. 11425,
    Aug. 30, 1968, 33 F.R. 12363, set out below.

                         EXECUTIVE ORDER NO. 11425                     
      Ex. Ord. No. 11425, Aug. 30, 1968, 33 F.R. 12363, formerly set
    out under section 1871 of this title, which directed the Special
    Representative for Trade Negotiations (established by Ex. Ord. No.
    11075, Jan. 15, 1963, 28 F.R. 473) to conduct a long range study of
    United States foreign trade policy and to consider the views of
    Congress, the Public Advisory Committee on Trade Policy, and other
    federal agencies; established the Public Advisory Committee on
    Trade Policy for purposes of this study; and abolished the Public
    Advisory Committee for Trade Negotiations; was omitted in view of
    the revocation of Ex. Ord. No. 11075 by Ex. Ord. No. 11846, Mar.
    27, 1975, 40 F.R. 14291, set out under section 2111 of this title,
    and in view of the abolition of the Office of Special
    Representative for Trade Negotiations (as established under Ex.
    Ord. No. 11075) by section 2171(g) of this title.

         EX. ORD. NO. 12175. EFFECTIVE DATE OF SECTION 2(B)(1) OF
      REORGANIZATION PLAN NO. 3 OF 1979 RESPECTING REORGANIZATION OF
                 FUNCTIONS RELATING TO INTERNATIONAL TRADE
      Ex. Ord. No. 12175, Dec. 7, 1979, 44 F.R. 70703, provided:
      By the authority vested in me as President of the United States
    of America by Section 9 of Reorganization Plan No. 3 of 1979
    (transmitted to the Congress on September 25, 1979) [set out as a
    note above], the time period prescribed by Section 906 of Title 5
    of the United States Code having elapsed without the adoption of a
    resolution of disapproval by either House of Congress, it is hereby
    ordered that Section 2(b)(1) of that Plan, establishing the Office
    of Deputy Secretary of Commerce, is effective immediately.
                                                           Jimmy Carter.

       EX. ORD. NO. 12188. FUNCTIONS RELATING TO INTERNATIONAL TRADE   
      Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 989, as amended by Ex.
    Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968; Ex. Ord. No. 13118,
    Sec. 10(6), Mar. 31, 1999, 64 F.R. 16598; Ex. Ord. No. 13286, Sec.
    50, Feb. 28, 2003, 68 F.R. 10628, provided:
      By the authority vested in me by the Trade Agreements Act of 1979
    [see 19 U.S.C. 2501], the Trade Act of 1974 [this chapter], the
    Trade Expansion Act of 1962 [see Short Title note set out under
    section 1801 of this title], section 350 of the Tariff Act of 1930
    [19 U.S.C. 1351], Reorganization Plan No. 3 of 1979 [set out as a
    note above], and section 301 of title 3 of the United States Code,
    and as President of the United States, it is hereby ordered as
    follows:
      Section 1-101. The United States Trade Representative.
      (a) Except as may be otherwise expressly provided by law, the
    United States Trade Representative (hereinafter referred to as the
    "Trade Representative") shall be chief representative of the United
    States for:
        (1) all activities of, or under the auspices of, the General
      Agreement on Tariffs and Trade;
        (2) discussions, meetings, and negotiations in the Organization
      for Economic Cooperation and Development when trade or commodity
      issues are the primary issues under consideration;
        (3) negotiations in the United Nations Conference on Trade and
      Development and other multilateral institutions when trade or
      commodity issues are the primary issues under consideration;
        (4) other bilateral or multilateral negotiations when trade,
      including East-West trade, or commodities is the primary issue
      under consideration;
        (5) negotiations under sections 704 and 734 of the Tariff Act
      of 1930 (19 U.S.C. 1671c and 1673c); and
        (6) negotiations concerning direct investment incentives and
      disincentives and bilateral investment issues concerning barriers
      to investment.
      For purposes of this subsection, the term "negotiations" includes
    discussions and meetings with foreign governments and
    instrumentalities primarily concerning preparations for formal
    negotiations and policies regarding implementation of agreements
    resulting from such negotiations.
      (b) The Trade Representative, in consultation with the Trade
    Negotiating Committee, shall invite such members of the Trade
    Negotiating Committee and representatives of other departments or
    agencies as may be appropriate to participate in the negotiations
    and other activities listed in subsection (a).
      (c) The Trade Representative, in consultation with the Trade
    Negotiating Committee, may delegate to any member of the Trade
    Negotiating Committee, or to any other appropriate department or
    agency, primary responsibility for representing the United States
    in any of the negotiations and other activities set forth in
    subsection (a).
      (d) The Trade Representative, or any department or agency to
    which responsibility for representing the United States in a
    negotiation or other activity has been delegated pursuant to
    subsection (c), shall consult with the Trade Policy Committee and
    with any affected regulatory agencies on the policy issues arising
    in connection with the negotiations and other activities listed in
    subsection (a).
      Sec. 1-102. The Trade Policy Committee.
      (a) As provided by section 242 of the Trade Expansion Act of 1962
    (19 U.S.C. 1872), the Trade Policy Committee (hereinafter referred
    to as the "Committee") is continued. The Committee shall have the
    functions specified by law or by the President, including those
    specified in section 1(b)(3) of Reorganization Plan No. 3 of 1979
    [set out as a note above].
      (b) The Committee shall be composed of the following:
        (1) The Trade Representative, who shall be Chair
        (2) The Secretary of Commerce, who shall be Vice Chair
        (3) The Secretary of State
        (4) The Secretary of the Treasury
        (5) The Secretary of Defense
        (6) The Attorney General
        (7) The Secretary of the Interior
        (8) The Secretary of Agriculture
        (9) The Secretary of Labor
        (10) The Secretary of Transportation
        (11) The Secretary of Energy
        (12) The Secretary of Homeland Security
        (13) The Director of the Office of Management and Budget
        (14) The Chairman of the Council of Economic Advisers
        (15) The Assistant to the President for National Security
      Affairs
        (16) The Administrator of the United States Agency for
      International Development.
      The Chair and any member of the Committee may designate a
    subordinate officer whose status is not below that of an Assistant
    Secretary to serve in his stead when he is unable to attend any
    meetings of the Committee. The Chair may invite representatives
    from other agencies to attend the meetings of the Committee.
      (c)(1) There is established, as a subcommittee of the Committee,
    a Trade Negotiating Committee which shall advise the Trade
    Representative on the management of negotiations referred to in
    section 1-101(a) of this order. The members of such subcommittee
    shall be the Trade Representative (Chair), the Secretary of State,
    the Secretary of the Treasury, the Secretary of Agriculture, the
    Secretary of Commerce, and the Secretary of Labor.
      (2) The Trade Representative, with the advice of the Committee,
    may create additional subcommittees thereof.
      (d) In advising the President on international trade and related
    matters, the Trade Representative shall take into account and
    reflect the views of the members of the Committee and of other
    interested agencies.
      Sec. 1-103. Delegation of Functions.
      (a) The function vested in the President by section 412(b) of the
    Trade Agreements Act of 1979 (19 U.S.C. 2542(b)) is delegated to
    the Secretary of Commerce with regard to the technical office
    established under section 412(a)(1) of such Act [19 U.S.C.
    2542(a)(1)] and to the Secretary of Agriculture with regard to the
    technical office established under section 412(a)(2) of such Act
    [19 U.S.C. 2542(a)(2)]. In prescribing the functions of each
    technical office, the Secretary concerned shall consult with the
    Trade Representative and with all affected regulatory agencies. The
    functions delegated by this section shall be exercised in
    coordination with the Trade Representative.
      (b) The functions of the President under sections 2(b) and 303 of
    the Trade Agreements Act of 1979 (19 U.S.C. 2503(b) and 2513) and
    section 701(b) of the Tariff Act of 1930 (19 U.S.C. 1671(b)) are
    delegated to the Trade Representative, who shall exercise such
    authority with the advice of the Trade Policy Committee.
      Sec. 1-104. Authority Under the Foreign Service Act and Related
    Laws.
      (a) The Secretary of Commerce (hereinafter referred to as the
    "Secretary") is authorized to establish a Foreign Commercial
    Service in the Department of Commerce, and a category of career
    officers of the Foreign Commercial Service to be known as Foreign
    Commercial Officers. For purposes of the utilization by the
    Secretary of the authorities granted to the Secretary under this
    section, the terms "Foreign Service" and "Foreign Service Officer"
    shall be construed to mean "Foreign Commercial Service" and
    "Foreign Commercial Officer," respectively.
      (b) [Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R.
    13968.]
      (c) The Board of the Foreign Service and the Board of Examiners
    for the Foreign Service established by Executive Order 11264 of
    December 31, 1965, as amended [22 U.S.C. 826 note], shall exercise
    with respect to Foreign Service personnel of the Department of
    Commerce the functions delegated to them by that order with respect
    to Foreign Service personnel of the Department of State. The Boards
    shall perform such additional functions with respect to Foreign
    Service personnel of the Department of Commerce as the Secretary
    may from time to time delegate or otherwise assign, consistent with
    the functions of such boards.
      Sec. 1-105. Prior Executive Orders and Determination.
      (a) Section 1(b) of Executive Order 11269 of February 14, 1966,
    as amended [22 U.S.C. 286b note], is amended by adding "the United
    States Trade Representative," after "the Secretary of State,".
      (b)(1) Section 1 of Executive Order 11539 of June 30, 1970 [7
    U.S.C. 1854 note], is amended to read as follows:
      "Section 1. The United States Trade Representative, with the
    concurrence of the Secretary of Agriculture and the Secretary of
    State, is authorized to negotiate bilateral agreements with
    representatives of governments of foreign countries limiting the
    export from the respective countries and the importation into the
    United States of - 
      "(1) fresh, chilled, or frozen cattle meat,
      "(2) fresh, chilled, or frozen meat of goats and sheep (except
    lambs), and
      "(3) prepared and preserved beef and veal (except sausage) if
    articles are prepared, whether fresh, chilled, or frozen, but not
    otherwise preserved, that are the products of such countries.".
      (2) Section 4 of such order is amended by striking out "the
    Secretary of State" and inserting in lieu thereof "the United
    States Trade Representative".
      (c) The last sentence of section 1(a) of Executive Order 11651 of
    March 3, 1972, as amended [7 U.S.C. 1854 note] is amended to read
    as follows: "The United States Trade Representative, or his
    designee, also shall be a member of the Committee.".
      (d) The first sentence of section 3 of Executive Order 11703 of
    February 7, 1973 [19 U.S.C. 1862 note], is amended to read as
    follows: "The Oil Policy Committee shall henceforth consist of the
    United States Trade Representative, chair, and the Secretaries of
    State, Treasury, Defense, the Interior, Commerce and Energy, the
    Attorney General, and the Chairman of the Council of Economic
    Advisers, as members.".
      (e) Sections 2(b) and 3(a), the first sentence of section 3(c),
    and sections 3(e), 3(f), and 6 of Executive Order 11846 of March
    27, 1975, as amended [19 U.S.C. 2111 note], are revoked.
      (f)(1) Section 1(a)(5) of Executive Order 11858 of May 7, 1975
    [22 U.S.C. 2841 note], is amended to read: "(5) The United States
    Trade Representative".
      (2) Section 1(a)(6) of such order is amended to read: "(6) The
    Chairman of the Council of Economic Advisers".
      (g) Executive Order 12096 of November 2, 1978, is revoked.
      (h) The last paragraph of the Presidential Determination
    Regarding the Acceptance and Application of Certain International
    Trade Agreements (dated December 14, 1979) (44 FR 74781, at 74784;
    December 18, 1979) [19 U.S.C. 2503 note], delegating functions
    under section 2(b) of the Trade Agreements Act of 1979 [19 U.S.C.
    2503(b)] and section 701(b) of the Tariff Act of 1930 [19 U.S.C.
    1671b], is revoked.
      (i) Any reference to the Office of the Special Representative for
    Trade Negotiations or to the Special Representative for Trade
    Negotiations in any Executive order, Proclamation, or other
    document shall be deemed to refer to the Office of the United
    States Trade Representative or to the United States Trade
    Representative, respectively.
      Sec. 1-106. Incidental Transfers and Reassignments.
      So much of the personnel, property, records, and unexpended
    balances of appropriations, allocations, and other funds employed,
    used, held, available, or to be made available in connection with
    functions transferred or reassigned by the provisions of this order
    as the Director of the Office of Management and Budget shall
    determine shall be transferred or reassigned for use in connection
    with such functions.
      Sec. 1-107. Effective Dates.
      (a) Sections 1, 2(a), 2(b)(2), 2(c), 2(d), 3, 4, 5(a), 5(b)(2),
    5(c) through (e), and 6 through 8 of Reorganization Plan No. 3 of
    1979 [set out as a note above] and the provisions of this order,
    shall take effect as of January 2, 1980.
      (b) Section 5(b)(1) of such plan [set out as a note above] shall
    take effect as of April 1, 1980.

-FOOTNOTE-
    (!1) So in original. Probably should be section "5315".


-End-


-CITE-
    19 USC Part 5 - Congressional Procedures With Respect to
                     Presidential Actions                  01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 5 - Congressional Procedures With Respect to Presidential
              Actions                                 

-HEAD-
      PART 5 - CONGRESSIONAL PROCEDURES WITH RESPECT TO PRESIDENTIAL
                                  ACTIONS

-End-



-CITE-
    19 USC Sec. 2191                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 5 - Congressional Procedures With Respect to Presidential
              Actions                                 

-HEAD-
    Sec. 2191. Bills implementing trade agreements on nontariff
      barriers and resolutions approving commercial agreements with
      Communist countries

-STATUTE-
    (a) Rules of House of Representatives and Senate
      This section and sections 2192 and 2193 of this title are enacted
    by the Congress - 
        (1) as an exercise of the rulemaking power of the House of
      Representatives and the Senate, respectively, and as such they
      are deemed a part of the rules of each House, respectively, but
      applicable only with respect to the procedure to be followed in
      that House in the case of implementing bills described in
      subsection (b)(1) of this section, implementing revenue bills
      described in subsection (b) (2) of this section, approval
      resolutions described in subsection (b)(3) of this section, and
      resolutions described in sections 2192(a) and 2193(a) of this
      title; and they supersede other rules only to the extent that
      they are inconsistent therewith; and
        (2) with full recognition of the constitutional right of either
      House to change the rules (so far as relating to the procedure of
      that House) at any time, in the same manner and to the same
      extent as in the case of any other rule of that House.
    (b) Definitions
      For purposes of this section - 
        (1) The term "implementing bill" means only a bill of either
      House of Congress which is introduced as provided in subsection
      (c) of this section with respect to one or more trade agreements,
      or with respect to an extension described in section 3572(c)(3)
      of this title, submitted to the House of Representatives and the
      Senate under section 2112 of this title, section 3572 of this
      title, or section 3805(a)(1) of this title and which contains - 
          (A) a provision approving such trade agreement or agreements
        or such extension,
          (B) a provision approving the statement of administrative
        action (if any) proposed to implement such trade agreement or
        agreements, and
          (C) if changes in existing laws or new statutory authority is
        required to implement such trade agreement or agreements or
        such extension, provisions, necessary or appropriate to
        implement such trade agreement or agreements or such extension,
        either repealing or amending existing laws or providing new
        statutory authority.

        (2) The term "implementing revenue bill or resolution" means an
      implementing bill, or approval resolution, which contains one or
      more revenue measures by reason of which it must originate in the
      House of Representatives.
        (3) The term "approval resolution" means only a joint
      resolution of the two Houses of the Congress, the matter after
      the resolving clause of which is as follows: "That the Congress
      approves the extension of nondiscriminatory treatment with
      respect to the products of ____ transmitted by the President to
      the Congress on ____.", the first blank space being filled with
      the name of the country involved and the second blank space being
      filled with the appropriate date.
    (c) Introduction and referral
      (1) On the day on which a trade agreement or extension is
    submitted to the House of Representatives and the Senate under
    section 2112 of this title, section 3572 of this title, or section
    3805(a)(1) of this title, the implementing bill submitted by the
    President with respect to such trade agreement or extension shall
    be introduced (by request) in the House by the majority leader of
    the House, for himself and the minority leader of the House, or by
    Members of the House designated by the majority leader and minority
    leader of the House; and shall be introduced (by request) in the
    Senate by the majority leader of the Senate, for himself and the
    minority leader of the Senate, or by Members of the Senate
    designated by the majority leader and minority leader of the
    Senate. If either House is not in session on the day on which such
    a trade agreement or extension is submitted, the implementing bill
    shall be introduced in that House, as provided in the preceding
    sentence, on the first day thereafter on which that House is in
    session. Such bills shall be referred by the Presiding Officers of
    the respective Houses to the appropriate committee, or, in the case
    of a bill containing provisions within the jurisdiction of two or
    more committees, jointly to such committees for consideration of
    those provisions within their respective jurisdictions.
      (2) On the day on which a bilateral commercial agreement, entered
    into under subchapter IV of this chapter after January 3, 1975, is
    transmitted to the House of Representatives and the Senate, an
    approval resolution with respect to such agreement shall be
    introduced (by request) in the House by the majority leader of the
    House, for himself and the minority leader of the House, or by
    Members of the House designated by the majority leader and minority
    leader of the House; and shall be introduced (by request) in the
    Senate by the majority leader of the Senate, for himself and the
    minority leader of the Senate, or by Members of the Senate
    designated by the majority leader and minority leader of the
    Senate. If either House is not in session on the day on which such
    an agreement is transmitted, the approval resolution with respect
    to such agreement shall be introduced in that House, as provided in
    the preceding sentence, on the first day thereafter on which that
    House is in session. The approval resolution introduced in the
    House shall be referred to the Committee on Ways and Means and the
    approval resolution introduced in the Senate shall be referred to
    the Committee on Finance.
    (d) Amendments prohibited
      No amendment to an implementing bill or approval resolution shall
    be in order in either the House of Representatives or the Senate;
    and no motion to suspend the application of this subsection shall
    be in order in either House, nor shall it be in order in either
    House for the Presiding Officer to entertain a request to suspend
    the application of this subsection by unanimous consent.
    (e) Period for committee and floor consideration
      (1) Except as provided in paragraph (2), if the committee or
    committees of either House to which an implementing bill or
    approval resolution has been referred have not reported it at the
    close of the 45th day after its introduction, such committee or
    committees shall be automatically discharged from further
    consideration of the bill or resolution and it shall be placed on
    the appropriate calendar. A vote on final passage of the bill or
    resolution shall be taken in each House on or before the close of
    the 15th day after the bill or resolution is reported by the
    committee or committees of that House to which it was referred, or
    after such committee or committees have been discharged from
    further consideration of the bill or resolution. If prior to the
    passage by one House of an implementing bill or approval resolution
    of that House, that House receives the same implementing bill or
    approval resolution from the other House, then - 
        (A) the procedure in that House shall be the same as if no
      implementing bill or approval resolution had been received from
      the other House, but
        (B) the vote on final passage shall be on the implementing bill
      or approval resolution of the other House.

      (2) The provisions of paragraph (1) shall not apply in the Senate
    to an implementing revenue bill or resolution. An implementing
    revenue bill or resolution received from the House shall be
    referred to the appropriate committee or committees of the Senate.
    If such committee or committees have not reported such bill or
    resolution at the close of the 15th day after its receipt by the
    Senate (or, if later, before the close of the 45th day after the
    corresponding implementing revenue bill or resolution was
    introduced in the Senate), such committee or committees shall be
    automatically discharged from further consideration of such bill or
    resolution and it shall be placed on the calendar. A vote on final
    passage of such bill or resolution shall be taken in the Senate on
    or before the close of the 15th day after such bill or resolution
    is reported by the committee or committees of the Senate to which
    it was referred, or after such committee or committees have been
    discharged from further consideration of such bill or resolution.
      (3) For purposes of paragraphs (1) and (2), in computing a number
    of days in either House, there shall be excluded any day on which
    that House is not in session.
    (f) Floor consideration in the House
      (1) A motion in the House of Representatives to proceed to the
    consideration of an implementing bill or approval resolution shall
    be highly privileged and not debatable. An amendment to the motion
    shall not be in order, nor shall it be in order to move to
    reconsider the vote by which the motion is agreed to or disagreed
    to.
      (2) Debate in the House of Representatives on an implementing
    bill or approval resolution shall be limited to not more than 20
    hours, which shall be divided equally between those favoring and
    those opposing the bill or resolution. A motion further to limit
    debate shall not be debatable. It shall not be in order to move to
    recommit an implementing bill or approval resolution or to move to
    reconsider the vote by which an implementing bill or approval
    resolution is agreed to or disagreed to.
      (3) Motions to postpone, made in the House of Representatives
    with respect to the consideration of an implementing bill or
    approval resolution, and motions to proceed to the consideration of
    other business, shall be decided without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to an implementing bill or approval resolution
    shall be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of an implementing
    bill or approval resolution shall be governed by the Rules of the
    House of Representatives applicable to other bills and resolutions
    in similar circumstances.
    (g) Floor consideration in the Senate
      (1) A motion in the Senate to proceed to the consideration of an
    implementing bill or approval resolution shall be privileged and
    not debatable. An amendment to the motion shall not be in order,
    nor shall it be in order to move to reconsider the vote by which
    the motion is agreed to or disagreed to.
      (2) Debate in the Senate on an implementing bill or approval
    resolution, and all debatable motions and appeals in connection
    therewith, shall be limited to not more than 20 hours. The time
    shall be equally divided between, and controlled by, the majority
    leader and the minority leader or their designees.
      (3) Debate in the Senate on any debatable motion or appeal in
    connection with an implementing bill or approval resolution shall
    be limited to not more than 1 hour, to be equally divided between,
    and controlled by, the mover and the manager of the bill or
    resolution, except that in the event the manager of the bill or
    resolution is in favor of any such motion or appeal, the time in
    opposition thereto, shall be controlled by the minority leader or
    his designee. Such leaders, or either of them, may, from time under
    their control on the passage of an implementing bill or approval
    resolution, allot additional time to any Senator during the
    consideration of any debatable motion or appeal.
      (4) A motion in the Senate to further limit debate is not
    debatable. A motion to recommit an implementing bill or approval
    resolution is not in order.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 151, Jan. 3, 1975, 88 Stat. 2001;
    Pub. L. 100-418, title I, Sec. 1107(b)(1), Aug. 23, 1988, 102 Stat.
    1135; Pub. L. 101-382, title I, Sec. 132(b)(2), Aug. 20, 1990, 104
    Stat. 645; Pub. L. 103-465, title II, Sec. 282(c)(4), Dec. 8, 1994,
    108 Stat. 4929; Pub. L. 107-210, div. B, title XXI, Sec.
    2110(a)(1), Aug. 6, 2002, 116 Stat. 1019.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b)(1). Pub. L. 107-210, Sec. 2110(a)(1)(A),
    substituted "section 3572 of this title, or section 3805(a)(1) of
    this title" for "section 2903(a)(1) of this title, or section 3572
    of this title" in introductory provisions.
      Subsec. (c)(1). Pub. L. 107-210, Sec. 2110(a)(1)(B), substituted
    ", section 3572 of this title, or section 3805(a)(1) of this title"
    for "or section 3572 of this title".
      1994 - Subsec. (b)(1). Pub. L. 103-465, Sec. 282(c)(4)(A), in
    introductory provisions, inserted ", or with respect to an
    extension described in section 3572(c)(3) of this title," after
    "trade agreements" and substituted ", section 2903(a)(1) of this
    title, or section 3572 of this title" for "or section 2903(a)(1) of
    this title", and in subpars. (A) and (C), inserted "or such
    extension" after "agreements" wherever appearing.
      Subsec. (c)(1). Pub. L. 103-465, Sec. 282(c)(4)(B), inserted "or
    section 3572 of this title" after "section 2112 of this title" and
    "or extension" after "agreement" wherever appearing.
      1990 - Subsec. (b)(2). Pub. L. 101-382, Sec. 132(b)(2)(A), (B),
    inserted "or resolution" after "revenue bill" and ", or approval
    resolution," after "implementing bill".
      Subsec. (b)(3). Pub. L. 101-382, Sec. 132(b)(2)(C), substituted
    "joint" for "concurrent".
      Subsec. (e)(2). Pub. L. 101-382, Sec. 132(b)(2)(D), (E),
    substituted "revenue bill or resolution" for "revenue bill" in
    three places and "such bill or resolution" for "such bill" in five
    places.
      1988 - Subsec. (b)(1). Pub. L. 100-418 inserted reference to
    section 2903(a)(1) of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 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 a note under section
    1671 of this title.

-End-



-CITE-
    19 USC Sec. 2192                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 5 - Congressional Procedures With Respect to Presidential
              Actions                                 

-HEAD-
    Sec. 2192. Resolutions disapproving certain actions

-STATUTE-
    (a) Contents of resolutions
      (1) For purposes of this section, the term "resolution" means
    only - 
        (A) a joint resolution of the two Houses of the Congress, the
      matter after the resolving clause of which is as follows: "That
      the Congress does not approve the action taken by, or the
      determination of, the President under section 203 of the Trade
      Act of 1974 transmitted to the Congress on ___.", the blank space
      being filled with the appropriate date; and
        (B) a joint resolution of the two Houses of Congress, the
      matter after the resolving clause of which is as follows: "That
      the Congress does not approve ___ transmitted to the Congress on
      ___.", with the first blank space being filled in accordance with
      paragraph (2), and the second blank space being filled with the
      appropriate date.

      (2) The first blank space referred to in paragraph (1)(B) shall
    be filled, in the case of a resolution referred to in section
    2437(c)(2) of this title, with the phrase "the report of the
    President submitted under section ___ of the Trade Act of 1974 with
    respect to ___" (with the first blank space being filled with
    "402(b)" or "409(b)", as appropriate, and the second blank space
    being filled with the name of the country involved).
    (b) Reference to committees
      All resolutions introduced in the House of Representatives shall
    be referred to the Committee on Ways and Means and all resolutions
    introduced in the Senate shall be referred to the Committee on
    Finance.
    (c) Discharge of committees
      (1) If the committee of either House to which a resolution has
    been referred has not reported it at the end of 30 days after its
    introduction, not counting any day which is excluded under section
    2194(b) of this title, it is in order to move either to discharge
    the committee from further consideration of the resolution or to
    discharge the committee from further consideration of any other
    resolution introduced with respect to the same matter, except that
    a motion to discharge - 
        (A) 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 intention to do so; and
        (B) is not in order after the Committee (!1) has reported a
      resolution with respect to the same matter.


      (2) A motion to discharge under paragraph (1) may be made only by
    an individual favoring the resolution, and is highly privileged in
    the House and privileged in the Senate; and debate thereon shall be
    limited to not more than 1 hour, the time to be divided in the
    House equally between those favoring and those opposing the
    resolution, and to be divided in the Senate equally between, and
    controlled by, the majority leader and the minority leader or their
    designees. An amendment to the motion is not in order, and it is
    not in order to move to reconsider the vote by which the motion is
    agreed to or disagreed to.
    (d) Floor consideration in the House
      (1) A motion in the House of Representatives to proceed to the
    consideration of a resolution shall be highly privileged and not
    debatable. An amendment to the motion shall not be in order, nor
    shall it be in order to move to reconsider the vote by which the
    motion is agreed to or disagreed to.
      (2) Debate in the House of Representatives on a resolution shall
    be limited to not more than 20 hours, which shall be divided
    equally between those favoring and those opposing the resolution. A
    motion further to limit debate shall not be debatable. No amendment
    to, or motion to recommit, the resolution shall be in order. It
    shall not be in order to move to reconsider the vote by which a
    resolution is agreed to or disagreed to.
      (3) Motions to postpone, made in the House of Representatives
    with respect to the consideration of a resolution, and motions to
    proceed to the consideration of other business, shall be decided
    without debate.
      (4) All appeals from the decisions of the Chair relating to the
    application of the Rules of the House of Representatives to the
    procedure relating to a resolution shall be decided without debate.
      (5) Except to the extent specifically provided in the preceding
    provisions of this subsection, consideration of a resolution in the
    House of Representatives shall be governed by the Rules of the
    House of Representatives applicable to other resolutions in similar
    circumstances.
    (e) Floor consideration in the Senate
      (1) A motion in the Senate to proceed to the consideration of a
    resolution shall be privileged. An amendment to the motion shall
    not be in order, nor shall it be in order to move to reconsider the
    vote by which the motion is agreed to or disagreed to.
      (2) Debate in the Senate on a resolution, and all debatable
    motions and appeals in connection therewith, shall be limited to
    not more than 20 hours, to be equally divided between, and
    controlled by, the majority leader and the minority leader or their
    designees.
      (3) Debate in the Senate on any debatable motion or appeal in
    connection with a resolution shall be limited to not more than 1
    hour, to be equally divided between, and controlled by, the mover
    and the manager of the resolution, except that in the event the
    manager of the resolution is in favor of any such motion or appeal,
    the time in opposition thereto, shall be controlled by the minority
    leader or his designee. Such leaders, or either of them, may, from
    time under their control on the passage of a resolution, allot
    additional time to any Senator during the consideration of any
    debatable motion or appeal.
      (4) A motion in the Senate to further limit debate on a
    resolution, debatable motion, or appeal is not debatable. No
    amendment to, or motion to recommit, a resolution is in order in
    the Senate.
    (f) Procedures in the Senate
      (1) Except as otherwise provided in this section, the following
    procedures shall apply in the Senate to a resolution to which this
    section applies:
        (A)(i) Except as provided in clause (ii), a resolution that has
      passed the House of Representatives shall, when received in the
      Senate, be referred to the Committee on Finance for consideration
      in accordance with this section.
        (ii) If a resolution to which this section applies was
      introduced in the Senate before receipt of a resolution that has
      passed the House of Representatives, the resolution from the
      House of Representatives shall, when received in the Senate, be
      placed on the calendar. If this clause applies, the procedures in
      the Senate with respect to a resolution introduced in the Senate
      that contains the identical matter as the resolution that passed
      the House of Representatives shall be the same as if no
      resolution had been received from the House of Representatives,
      except that the vote on passage in the Senate shall be on the
      resolution that passed the House of Representatives.
        (B) If the Senate passes a resolution before receiving from the
      House of Representatives a joint resolution that contains the
      identical matter, the joint resolution shall be held at the desk
      pending receipt of the joint resolution from the House of
      Representatives. Upon receipt of the joint resolution from the
      House of Representatives, such joint resolution shall be deemed
      to be read twice, considered, read the third time, and passed.

      (2) If the texts of joint resolutions described in this section
    or section 2193(a) of this title, whichever is applicable,
    concerning any matter are not identical - 
        (A) the Senate shall vote passage on the resolution introduced
      in the Senate, and
        (B) the text of the joint resolution passed by the Senate
      shall, immediately upon its passage (or, if later, upon receipt
      of the joint resolution passed by the House), be substituted for
      the text of the joint resolution passed by the House of
      Representatives, and such resolution, as amended, shall be
      returned with a request for a conference between the two Houses.

      (3) Consideration in the Senate of any veto message with respect
    to a joint resolution described in subsection (a)(2)(B) of this
    section or section 2193(a) of this title, including consideration
    of all debatable motions and appeals in connection therewith, shall
    be limited to 10 hours, to be equally divided between, and
    controlled by, the majority leader and the minority leader or their
    designees.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 152, Jan. 3, 1975, 88 Stat. 2004;
    Pub. L. 96-39, title IX, Sec. 902(a)(1), title XI, Sec. 1106(c)(5),
    July 26, 1979, 93 Stat. 299, 312; Pub. L. 98-573, title II, Sec.
    248(b), Oct. 30, 1984, 98 Stat. 2998; Pub. L. 101-382, title I,
    Sec. 132(c)(2)-(5), Aug. 20, 1990, 104 Stat. 646, 647; Pub. L. 103-
    465, title II, Sec. 261(d)(1)(A)(ii), Dec. 8, 1994, 108 Stat.
    4909; Pub. L. 104-295, Sec. 20(b)(10), Oct. 11, 1996, 110 Stat.
    3527.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 203 of the Trade Act of 1974, referred to in subsec.
    (a)(1)(A), is section 203 of Pub. L. 93-618, title II, Jan. 3,
    1975, 88 Stat. 2015, which is classified to section 2253 of this
    title.
      Sections 402(b) and 409(b) of the Trade Act of 1974, referred to
    in subsec. (a)(2)(C), are sections 402(b) and 409(b) of Pub. L. 93-
    618, title IV, Jan. 3, 1975, 88 Stat. 2060, 2064, respectively,
    which are classified to sections 2432 and 2439 of this title,
    respectively.


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (a)(2). Pub. L. 104-295 amended directory language
    of Pub. L. 103-465. See 1994 Amendment note below.
      1994 - Subsec. (a)(2). Pub. L. 103-465, as amended by Pub. L. 104-
    295, substituted comma for "as follows:" after "shall be filled"
    in introductory provisions, struck out "(B)" before "in the case",
    and struck out subpar. (A) which read as follows: "in the case of a
    resolution referred to in section 1303(e) of this title, with the
    phrase 'the determination of the Secretary of the Treasury under
    section 303(d) of the Tariff Act of 1930'; and".
      1990 - Subsec. (a)(1)(B). Pub. L. 101-382, Sec. 132(c)(2),
    amended subpar. (B) generally. Prior to amendment, subpar. (B) read
    as follows: "a resolution of either House of the Congress, the
    matter after the resolving clause of which is as follows: 'That the
    ___ does not approve ___ transmitted to the Congress on ___.', with
    the first blank space being filled with the name of the resolving
    House, the second blank space being filled in accordance with
    paragraph (2), and the third blank space being filled with the
    appropriate date."
      Subsec. (a)(2). Pub. L. 101-382, Sec. 132(c)(3), substituted
    "first" for "second" in introductory provisions and "2437(c)(2)"
    for "2437(c)(3)" in subpar. (C), redesignated subpar. (C) as (B),
    and struck out former subpar. (B) which read as follows: "in the
    case of a resolution referred to in section 2437(c)(2) of this
    title, with the phrase 'the extension of nondiscriminatory
    treatment with respect to the products of ___' (with this blank
    space being filled with the name of the country involved); and".
      Subsec. (c)(1). Pub. L. 101-382, Sec. 132(c)(4), substituted
    "except that a motion to discharge - 
        "(A) 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 intention to do so; and
        "(B) is not in order after the Committee has reported a
      resolution with respect to the same matter" for "except no motion
      to discharge shall be in order after the committee has reported a
      resolution with respect to the same matter".
      Subsec. (f). Pub. L. 101-382, Sec. 132(c)(5), amended subsec. (f)
    generally. Prior to amendment, subsec. (f) read as follows: "In the
    case of a resolution described in subsection (a)(1) of this
    section, if prior to the passage by one House of a resolution of
    that House, that House receives a resolution with respect to the
    same matter from the other House, then - 
        "(1) the procedure in that House shall be the same as if no
      resolution had been received from the other House; but
        "(2) the vote on final passage shall be on the resolution of
      the other House."
      1984 - Subsec. (a)(1)(A). Pub. L. 98-573 substituted "joint
    resolution" for "concurrent resolution".
      1979 - Subsec. (a)(1)(A). Pub. L. 96-39, Sec. 902(a)(1)(A),
    substituted "does not approve the action taken by, or the
    determination of, the President under section 203 of the Trade Act
    of 1974 transmitted to the Congress on ___.', the blank space being
    filled with the appropriate date" for "does not approve ___
    transmitted to the Congress on ___.', the first blank space being
    filled in accordance with paragraph (2) and the second blank space
    being filled with the appropriate date".
      Subsec. (a)(1)(B). Pub. L. 96-39, Sec. 902(a)(1)(B), substituted
    "paragraph (2)," for "paragraph (3),".
      Subsec. (a)(2), (3). Pub. L. 96-39, Sec. 902(a)(1)(C), (D),
    redesignated par. (3) as (2). Former par. (2), relating to the
    first blank space referred to in subsec. (a)(1)(A), was struck out.
      Subsec. (c)(1). Pub. L. 96-39, Sec. 1106(c)(5), substituted
    "section 2194(b) of this title" for "section 2193(b) of this
    title".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the effective date of
    title II of Pub. L. 103-465, Jan. 1, 1995, see section 261(d)(2) of
    Pub. L. 103-465, set out as a note under section 1315 of this
    title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 132(c)(4) and (5) of Pub. L. 101-382
    applicable with respect to recommendations made under section
    2432(d) of this title by the President after May 23, 1990, see
    section 132(d) of Pub. L. 101-382, set out as a note under section
    2432 of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
    1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
    under section 1304 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see sections
    903 and 1114 of Pub. L. 96-39, set out as Effective Date notes
    under sections 2411 and 2581 of this title, respectively.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    19 USC Sec. 2193                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 5 - Congressional Procedures With Respect to Presidential
              Actions                                 

-HEAD-
    Sec. 2193. Resolutions relating to extension of waiver authority
      under section 402 of the Trade Act of 1974

-STATUTE-
    (a) Contents of resolution
      For purposes of this section, the term "resolution" means only a
    joint resolution of the two Houses of Congress, the matter after
    the resolving clause of which is as follows: "That the Congress
    does not approve the extension of the authority contained in
    section 402(c) of the Trade Act of 1974 recommended by the
    President to the Congress on ___ with respect to ___.", with the
    first blank space being filled with the appropriate date, and the
    second blank space being filled with the names of those countries,
    if any, with respect to which such extension of authority is not
    approved, and with the clause beginning with "with respect to"
    being omitted if the extension of the authority is not approved
    with respect to any country.
    (b) Application of rules of section 2192 of this title; exceptions
      (1) Except as provided in this section, the provisions of section
    2192 of this title shall apply to resolutions described in
    subsection (a) of this section.
      (2) In applying section 2192(c)(1) of this title, all calendar
    days shall be counted.
      (3) That part of section 2192(d)(2) of this title which provides
    that no amendment is in order shall not apply to any amendment to a
    resolution which is limited to striking out or inserting the names
    of one or more countries or to striking out or inserting a with-
    respect-to clause. Debate in the House of Representatives on any
    amendment to a resolution shall be limited to not more than 1 hour
    which shall be equally divided between those favoring and those
    opposing the amendment. A motion in the House to further limit
    debate on an amendment to a resolution is not debatable.
      (4) That part of section 2192(e)(4) of this title which provides
    that no amendment is in order shall not apply to any amendment to a
    resolution which is limited to striking out or inserting the names
    of one or more countries or to striking out or inserting a with-
    respect-to clause. The time limit on a debate on a resolution in
    the Senate under section 2192(e)(2) of this title shall include all
    amendments to a resolution. Debate in the Senate on any amendment
    to a resolution shall be limited to not more than 1 hour, to be
    equally divided between, and controlled by, the mover and the
    manager of the resolution, except that in the event the manager of
    the resolution is in favor of any such amendment, the time in
    opposition thereto shall be controlled by the minority leader or
    his designee. The majority leader and minority leader may, from
    time under their control on the passage of a resolution, allot
    additional time to any Senator during the consideration of any
    amendment. A motion in the Senate to further limit debate on an
    amendment to a resolution is not debatable.
    (c) 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 resolution with respect to a
    recommendation of the President under section 2432(d) of this title
    (other than a resolution described in subsection (a) of this
    section received from the other House), if that House has adopted a
    resolution with respect to the same recommendation.
    (d) Procedures relating to conference reports in the Senate
      (1) Consideration in the Senate of the conference report on any
    joint resolution described in subsection (a) of this section,
    including consideration of all amendments in disagreement (and all
    amendments thereto), and consideration of all debatable motions and
    appeals in connection therewith, shall be limited to 10 hours, to
    be equally divided between, and controlled by, the majority leader
    and the minority leader or their designees. Debate on any debatable
    motion or appeal related to the conference report shall be limited
    to 1 hour, to be equally divided between, and controlled by, the
    mover and the manager of the conference report.
      (2) In any case in which there are amendments in disagreement,
    time on each amendment shall be limited to 30 minutes, to be
    equally divided between, and controlled by, the manager of the
    conference report and the minority leader or his designee. No
    amendment to any amendment in disagreement shall be received unless
    it is a germane amendment.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 153, Jan. 3, 1975, 88 Stat. 2006;
    Pub. L. 101-382, title I, Sec. 132(a)(3)-(6), Aug. 20, 1990, 104
    Stat. 644, 645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 402 of the Trade Act of 1974, referred to in catchline
    and subsec. (a), is classified to section 2432 of this title.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a). Pub. L. 101-382, Sec. 132(a)(3), amended
    subsec. (a) generally. Prior to amendment, subsec. (a) read as
    follows: "For purposes of this section, the term 'resolution' means
    only - 
        "(1) a concurrent resolution of the two Houses of the Congress,
      the matter after the resolving clause of which is as follows:
      'That the Congress approves the extension of the authority
      contained in section 402(c)(1) of the Trade Act of 1974
      recommended by the President to the Congress on ___, except with
      respect to ___.', with the first blank space being filled with
      the appropriate date and the second blank space being filled with
      the names of those countries, if any, with respect to which such
      extension of authority is not approved, and with the except
      clause being omitted if there is no such country; and
        "(2) a resolution of either House of the Congress, the matter
      after the resolving clause of which is as follows: 'That the ___
      does not approve the extension of the authority contained in
      section 402(c) of the Trade Act of 1974 recommended by the
      President to the Congress on ___ with respect to ___.', with the
      first blank space being filled with the name of the resolving
      House, the second blank space being filled with the appropriate
      date, and the third blank space being filled with the names of
      those countries, if any, with respect to which such extension of
      authority is not approved, and with the with-respect-to clause
      being omitted if the extension of the authority is not approved
      with respect to any country."
      Subsec. (b). Pub. L. 101-382, Sec. 132(a)(4), in par. (2), struck
    out provisions substituting 20 days for 30 days in resolution
    related to section 2432(d)(4) of this title, and in pars. (3) and
    (4), struck out provisions relating to except clause in resolutions
    under subsec. (a)(1) and provisions identifying with-respect-to
    clause as relating to resolutions under subsec. (a)(2).
      Subsec. (c). Pub. L. 101-382, Sec. 132(a)(5), substituted
    "subsection (a)" for "subsection (a)(1)".
      Subsec. (d). Pub. L. 101-382, Sec. 132(a)(6), added subsec. (d).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-382 applicable with respect to
    recommendations made under section 2432(d) of this title by the
    President after May 23, 1990, see section 132(d) of Pub. L. 101-
    382, set out as a note under section 2432 of this title.

-End-



-CITE-
    19 USC Sec. 2194                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 5 - Congressional Procedures With Respect to Presidential
              Actions                                 

-HEAD-
    Sec. 2194. Special rules relating to Congressional procedures

-STATUTE-
    (a) Delivery of documents to both Houses
      Whenever, pursuant to section 2112(e), 2253(b), 2432(d), or
    2437(a) or (b), a document is required to be transmitted to the
    Congress, copies of such document shall be delivered to both Houses
    of Congress on the same day and shall be delivered to the Clerk of
    the House of Representatives if the House is not in session and to
    the Secretary of the Senate if the Senate is not in session.
    (b) Computation of 90-day period
      For purposes of sections 2253(c) and 2437(c)(2) of this title,
    the 90-day period referred to in such sections shall be computed by
    excluding - 
        (1) the days on which either House is not in session because of
      an adjournment of more than 3 days to a day certain or an
      adjournment of the Congress sine die, and
        (2) any Saturday and Sunday, not excluded under paragraph (1),
      when either House is not in session.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 154, Jan. 3, 1975, 88 Stat. 2008;
    Pub. L. 96-39, title IX, Sec. 902(a)(2), July 26, 1979, 93 Stat.
    300; Pub. L. 101-382, title I, Sec. 132(c)(6), Aug. 20, 1990, 104
    Stat. 647; Pub. L. 103-465, title II, Sec. 261(d)(1)(A)(iii), Dec.
    8, 1994, 108 Stat. 4909; Pub. L. 106-36, title I, Sec. 1001(a)(5),
    June 25, 1999, 113 Stat. 130.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b). Pub. L. 106-36 substituted "For purposes of
    sections 2253(c) and 2437(c)(2) of this title, the 90-day period"
    for "For purposes of sections 2253(c), and 2437(c)(2) of this
    title, the 90-day period" in introductory provisions.
      1994 - Subsec. (a). Pub. L. 103-465 struck out reference to
    section 1303(e) of this title.
      1990 - Subsec. (b). Pub. L. 101-382, which directed the
    substitution of "and 2437(c)(2)" for "2437(c)(2) and 2437(c)(3)",
    was executed by making the substitution for "2437(c)(2), and
    2437(c)(3)" to reflect the probable intent of Congress.
      1979 - Subsec. (a). Pub. L. 96-39 struck out reference to section
    2412(a) of this title.
      Subsec. (b). Pub. L. 96-39 struck out reference to section
    2412(b) of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the effective date of
    title II of Pub. L. 103-465, Jan. 1, 1995, see section 261(d)(2) of
    Pub. L. 103-465, set out as a note under section 1315 of this
    title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    903 of Pub. L. 96-39, set out as an Effective Date note under
    section 2411 of this title.

-End-


-CITE-
    19 USC Part 6 - Congressional Liaison and Reports           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 6 - Congressional Liaison and Reports

-HEAD-
                PART 6 - CONGRESSIONAL LIAISON AND REPORTS            

-End-



-CITE-
    19 USC Sec. 2211                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 6 - Congressional Liaison and Reports

-HEAD-
    Sec. 2211. Congressional advisers for trade policy and negotiations

-STATUTE-
    (a) Selection
      (1) At the beginning of each regular session of Congress, the
    Speaker of the House of Representatives, upon the recommendation of
    the chairman of the Committee on Ways and Means, shall select 5
    members (not more than 3 of whom are members of the same political
    party) of such committee, and the President pro tempore of the
    Senate, upon the recommendation of the chairman of the Committee on
    Finance, shall select 5 members (not more than 3 of whom are
    members of the same political party) of such committee, who shall
    be designated congressional advisers on trade policy and
    negotiations. They shall provide advice on the development of trade
    policy and priorities for the implementation thereof. They shall
    also be accredited by the United States Trade Representative on
    behalf of the President as official advisers to the United States
    delegations to international conferences, meetings, and negotiating
    sessions relating to trade agreements.
      (2)(A) In addition to the advisers designated under paragraph (1)
    from the Committee on Ways and Means and the Committee on Finance -
    
        (i) the Speaker of the House may select additional members of
      the House, for designation as congressional advisers regarding
      specific trade policy matters or negotiations, from any other
      committee of the House or joint committee of Congress that has
      jurisdiction over legislation likely to be affected by such
      matters or negotiations; and
        (ii) the President pro tempore of the Senate may select
      additional members of the Senate, for designation as
      congressional advisers regarding specific trade policy matters or
      negotiations, from any other committee of the Senate or joint
      committee of Congress that has jurisdiction over legislation
      likely to be affected by such matters or negotiations.

    Members of the House and Senate selected as congressional advisers
    under this subparagraph shall be accredited by the United States
    Trade Representative.
      (B) Before designating any member under subparagraph (A), the
    Speaker or the President pro tempore shall consult with - 
        (i) the chairman and ranking member of the Committee on Ways
      and Means or the Committee on Finance, as appropriate; and
        (ii) the chairman and ranking minority member of the committee
      from which the member will be selected.

      (C) Not more than 3 members (not more than 2 of whom are members
    of the same political party) may be selected under this paragraph
    as advisers from any committee of Congress.
    (b) Briefing
      (1) The United States Trade Representative shall keep each
    official adviser designated under subsection (a)(1) of this section
    currently informed on matters affecting the trade policy of the
    United States and, with respect to possible agreements, negotiating
    objectives, the status of negotiations in progress, and the nature
    of any changes in domestic law or the administration thereof which
    may be recommended to Congress to carry out any trade agreement or
    any requirement of, amendment to, or recommendation under, such
    agreement.
      (2) The United States Trade Representative shall keep each
    official adviser designated under subsection (a)(2) of this section
    currently informed regarding the trade policy matters and
    negotiations with respect to which the adviser is designated.
      (3)(A) The chairmen of the Committee on Ways and Means and the
    Committee on Finance may designate members (in addition to the
    official advisers under subsection (a)(1) of this section) and
    staff members of their respective committees who shall have access
    to the information provided to official advisers under paragraph
    (1).
      (B) The Chairman (!1) of any committee of the House or Senate or
    any joint committee of Congress from which official advisers are
    selected under subsection (a)(2) of this section may designate
    other members of such committee, and staff members of such
    committee, who shall have access to the information provided to
    official advisers under paragraph (2).

    (c) Committee consultation
      The United States Trade Representative shall consult on a
    continuing basis with the Committee on Ways and Means of the House
    of Representatives, the Committee on Finance of the Senate, and the
    other appropriate committees of the House and Senate on the
    development, implementation, and administration of overall trade
    policy of the United States. Such consultations shall include, but
    are not limited to, the following elements of such policy:
        (1) The principal multilateral and bilateral negotiating
      objectives and the progress being made toward their achievement.
        (2) The implementation, administration, and effectiveness of
      recently concluded multilateral and bilateral trade agreements
      and resolution of trade disputes.
        (3) The actions taken, and proposed to be taken, under the
      trade laws of the United States and the effectiveness, or
      anticipated effectiveness, of such actions in achieving trade
      policy objectives.
        (4) The important developments and issues in other areas of
      trade for which there must be developed proper policy response.

    When necessary, meetings shall be held with each Committee (!1) in
    executive session to review matters under negotiation.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 161, Jan. 3, 1975, 88 Stat. 2008;
    Pub. L. 96-39, Sec. 3(e), July 26, 1979, 93 Stat. 150; Pub. L. 100-
    418, title I, Sec. 1632, Aug. 23, 1988, 102 Stat. 1269.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418 amended section generally, substituting
    present provisions for similar provisions which had related to
    Congressional delegates to negotiations, and changing the structure
    of the section from one consisting of subsecs. (a) and (b) to one
    consisting of subsecs. (a) to (c).
      1979 - Subsec. (b)(1). Pub. L. 96-39 substituted "trade agreement
    or any requirement of, amendment to, or recommendation under, such
    agreement" for "trade agreement".

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    19 USC Sec. 2212                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 6 - Congressional Liaison and Reports

-HEAD-
    Sec. 2212. Transmission of agreements to Congress

-STATUTE-
    (a) Submission of copy and reasons
      As soon as practicable after a trade agreement entered into under
    section 2133 or 2134 of this title or under section 3803 of this
    title has entered into force with respect to the United States, the
    President shall, if he has not previously done so, transmit a copy
    of such trade agreement to each House of the Congress together with
    a statement, in the light of the advice of the International Trade
    Commission under section 2151(b) of this title, if any, and of
    other relevant considerations, of his reasons for entering into the
    agreement.
    (b) Submission to each member
      The President shall transmit to each Member of the Congress a
    summary of the information required to be transmitted to each House
    under subsection (a) of this section. For purposes of this
    subsection, the term "Member" includes any Delegate or Resident
    Commissioner.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 162, Jan. 3, 1975, 88 Stat. 2008;
    Pub. L. 100-647, title IX, Sec. 9001(a)(10), Nov. 10, 1988, 102
    Stat. 3807; Pub. L. 107-210, div. B, title XXI, Sec. 2110(a)(6),
    Aug. 6, 2002, 116 Stat. 1020.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-210 substituted "or under section
    3803 of this title" for "or under section 2902 of this title".
      1988 - Subsec. (a). Pub. L. 100-647 struck out "part 1 of this
    subchapter or" after "entered into under", and inserted "or under
    section 2902 of this title" after "2134 of this title".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-647 applicable as if such amendment took
    effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 58c of this title.


-TRANS-
                          DELEGATION OF AUTHORITY                      
      For delegation of functions of President under div. B of Pub. L.
    107-210, amending this section, see section 1 of Ex. Ord. No.
    13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under
    section 3801 of this title.

-End-



-CITE-
    19 USC Sec. 2213                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 6 - Congressional Liaison and Reports

-HEAD-
    Sec. 2213. Reports

-STATUTE-
    (a) Annual report on trade agreements program and national trade
      policy agenda
      (1) The President shall submit to the Congress during each
    calendar year (but not later than March 1 of that year) a report on
    - 
        (A) the operation of the trade agreements program, and the
      provision of import relief and adjustment assistance to workers
      and firms, under this chapter during the preceding calendar year;
      and
        (B) the national trade policy agenda for the year in which the
      report is submitted.

      (2) The report shall include, with respect to the matters
    referred to in paragraph (1)(A), information regarding - 
        (A) new trade negotiations;
        (B) changes made in duties and nontariff barriers and other
      distortions of trade of the United States;
        (C) reciprocal concessions obtained;
        (D) changes in trade agreements (including the incorporation
      therein of actions taken for import relief and compensation
      provided therefor);
        (E) the extension or withdrawal of nondiscriminatory treatment
      by the United States with respect to the products of foreign
      countries;
        (F) the extension, modification, withdrawal, suspension, or
      limitation of preferential treatment to exports of developing
      countries;
        (G) the results of actions to obtain the removal of foreign
      trade restrictions (including discriminatory restrictions)
      against United States exports and the removal of foreign
      practices which discriminate against United States service
      industries (including transportation and tourism) and investment;
        (H) the measures being taken to seek the removal of other
      significant foreign import restrictions;
        (I) each of the referrals made under section 2171(d)(1)(B) of
      this title and any action taken with respect to such referral;
        (J) other information relating to the trade agreements program
      and to the agreements entered into thereunder; and
        (K) the number of applications filed for adjustment assistance
      for workers and firms, the number of such applications which were
      approved, and the extent to which adjustment assistance has been
      provided under such approved applications.

      (3)(A) The national trade policy agenda required under paragraph
    (1)(B) for the year in which a report is submitted shall be in the
    form of a statement of - 
        (i) the trade policy objectives and priorities of the United
      States for the year, and the reasons therefor;
        (ii) the actions proposed, or anticipated, to be undertaken
      during the year to achieve such objectives and priorities,
      including, but not limited to, actions authorized under the trade
      laws and negotiations with foreign countries;
        (iii) any proposed legislation necessary or appropriate to
      achieve any of such objectives or priorities; and
        (iv) the progress that was made during the preceding year in
      achieving the trade policy objectives and priorities included in
      the statement provided for that year under this paragraph.

      (B) The President may separately submit any information referred
    to in subparagraph (A) to the Congress in confidence if the
    President considers confidentiality appropriate.
      (C) Before submitting the national trade policy agenda for any
    year, the President shall seek advice from the appropriate advisory
    committees established under section 2155 of this title and shall
    consult with the appropriate committees of the Congress.
      (D) The United States Trade Representative (hereafter referred to
    in this section as the "Trade Representative") and other
    appropriate officials of the United States Government shall consult
    periodically with the appropriate committees of the Congress
    regarding the annual objectives and priorities set forth in each
    national trade policy agenda with respect to - 
        (i) the status and results of the actions that have been
      undertaken to achieve the objectives and priorities; and
        (ii) any development which may require, or result in, changes
      to any of such objectives or priorities.
    (b) Annual trade projection report
      (1) In order for the Congress to be informed of the impact of
    foreign trade barriers and macroeconomic factors on the balance of
    trade of the United States, the Trade Representative and the
    Secretary of the Treasury shall jointly prepare and submit to the
    Committee on Finance of the Senate and the Committee on Ways and
    Means of the House of Representatives (hereafter referred to in
    this subsection as the "Committees") on or before March 1 of each
    year a report which consists of - 
        (A) a review and analysis of - 
          (i) the merchandise balance of trade,
          (ii) the goods and services balance of trade,
          (iii) the balance on the current account,
          (iv) the external debt position,
          (v) the exchange rates,
          (vi) the economic growth rates,
          (vii) the deficit or surplus in the fiscal budget, and
          (viii) the impact on United States trade of market barriers
        and other unfair practices,

      of countries that are major trading partners of the United
      States, including, as appropriate, groupings of such countries;
        (B) projections for each of the economic factors described in
      subparagraph (A) (except those described in clauses (v) and
      (viii)) for each of the countries and groups of countries
      referred to in subparagraph (A) for the year in which the report
      is submitted and for the succeeding year; and
        (C) conclusions and recommendations, based upon the projections
      referred to in subparagraph (B), for policy changes, including
      trade policy, exchange rate policy, fiscal policy, and other
      policies that should be implemented to improve the outlook.

      (2) To the extent that subjects referred to in paragraph (1)(A),
    (B), or (C) are covered in the national trade policy agenda
    required under subsection (a)(1)(B) of this section or in other
    reports required by this chapter or other law, the Trade
    Representative and the Secretary of the Treasury may, as
    appropriate, draw on the information, analysis, and conclusions, if
    any, in those reports for the purposes of preparing the report
    required by this subsection.
      (3) The Trade Representative and the Secretary of the Treasury
    shall consult with the Chairman of the Board of Governors of the
    Federal Reserve System in the preparation of each report required
    under this subsection.
      (4) The Trade Representative and the Secretary of the Treasury
    may separately submit any information, analysis, or conclusion
    referred to in paragraph (1) to the Committees in confidence if the
    Trade Representative and the Secretary consider confidentiality
    appropriate.
      (5) After submission of each report required under paragraph (1),
    the Trade Representative and the Secretary of the Treasury shall
    consult with each of the Committees with respect to the report.
    (c) ITC reports
      The United States International Trade Commission shall submit to
    the Congress, at least once a year, a factual report on the
    operation of the trade agreements program.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 163, Jan. 3, 1975, 88 Stat. 2009;
    Pub. L. 100-418, title I, Sec. 1641, Aug. 23, 1988, 102 Stat.
    1271.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a)(1)(A) and (b), was in
    the original "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88
    Stat. 1978, as amended, which is classified principally to this
    chapter. For complete classification of this Act to the Code, see
    References in Text note set out under section 2101 of this title
    and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418 amended section generally, completely
    revising and expanding provisions covering reports, changing the
    structure of the section from one consisting of subsecs. (a) and
    (b) to one consisting of subsecs. (a) to (c).


-EXEC-
                          DELEGATION OF FUNCTIONS                      
      Memorandum of President of the United States, Mar. 1, 2004, 69
    F.R. 10133, provided:
      Memorandum for the United States Trade Representative
      By the authority vested in me as President by the Constitution
    and the laws of the United States, including section 301 of title
    3, United States Code, I hereby delegate to you the functions
    conferred upon the President by section 163 of the Trade Act of
    1974, as amended (19 U.S.C. 2213), to provide the specified report
    to the Congress.
      You are authorized and directed to publish this memorandum in the
    Federal Register.
                                                         George W. Bush.


-MISC2-
                      TRADE DEFICIT REVIEW COMMISSION                  
      Pub. L. 105-277, div. A, Sec. 127, Oct. 21, 1998, 112 Stat. 2681-
    547, as amended by Pub. L. 106-57, title III, Sec. 311, Sept. 29,
    1999, 113 Stat. 427; Pub. L. 106-246, div. B, title II, Sec. 2501,
    July 13, 2000, 114 Stat. 556; Pub. L. 107-107, div. A, title X,
    Sec. 1048(i)(10), Dec. 28, 2001, 115 Stat. 1229, provided that:
      "(a) Short Title. - This section may be cited as the 'Trade
    Deficit Review Commission Act'.
      "(b) Findings. - Congress makes the following findings:
        "(1) The United States continues to run substantial merchandise
      trade and current account deficits.
        "(2) Economic forecasts anticipate continued growth in such
      deficits in the next few years.
        "(3) The positive net international asset position that the
      United States built up over many years was eliminated in the
      1980s. The United States today has become the world's largest
      debtor nation.
        "(4) The United States merchandise trade deficit is
      characterized by large bilateral trade imbalances with a handful
      of countries.
        "(5) The United States has one of the most open borders and
      economies in the world. The United States faces significant
      tariff and nontariff trade barriers with its trading partners.
      The United States does not benefit from fully reciprocal market
      access.
        "(6) The United States is once again at a critical juncture in
      trade policy development. The nature of the United States trade
      deficit and its causes and consequences must be analyzed and
      documented.
      "(c) Establishment of Commission. - 
        "(1) Establishment. - There is established a commission to be
      known as the Trade Deficit Review Commission (hereafter in this
      section referred to as the 'Commission').
        "(2) Purpose. - The purpose of the Commission is to study the
      nature, causes, and consequences of the United States merchandise
      trade and current account deficits.
        "(3) Membership of commission. - 
          "(A) Composition. - The Commission shall be composed of 12
        members as follows:
            "(i) Three persons shall be appointed by the President pro
          tempore of the Senate upon the recommendation of the Majority
          Leader of the Senate, after consultation with the Chairman of
          the Committee on Finance.
            "(ii) Three persons shall be appointed by the President pro
          tempore of the Senate upon the recommendation of the Minority
          Leader of the Senate, after consultation with the ranking
          minority member of the Committee on Finance.
            "(iii) Three persons shall be appointed by the Speaker of
          the House of Representatives, after consultation with the
          Chairman of the Committee on Ways and Means.
            "(iv) Three persons shall be appointed by the Minority
          Leader of the House of Representatives, after consultation
          with the ranking minority member of the Committee on Ways and
          Mean.
          "(B) Qualifications of members. - 
            "(i) Appointments. - Persons who are appointed under
          subparagraph (A) shall be persons who - 
         "(I) have expertise in economics, international trade,
          manufacturing, labor, environment, business, or have other
          pertinent qualifications or experience; and
         "(II) are not officers or employees of the United States.
            "(ii) Other considerations. - In appointing Commission
          members, every effort shall be made to ensure that the
          members - 
         "(I) are representative of a broad cross-section of economic
          and trade perspectives within the United States; and
         "(II) provide fresh insights to analyzing the causes and
          consequences of United States merchandise trade and current
          account deficits.
        "(4) Period of appointment; vacancies. - 
          "(A) In general. - Members shall be appointed not later than
        60 days after the date of enactment of this Act [Oct. 21, 1998]
        and the appointment shall be for the life of the Commission.
          "(B) Vacancies. - Any vacancy in the Commission shall not
        affect its powers, but shall be filled in the same manner as
        the original appointment.
        "(5) Initial meeting. - Not later than 30 days after the date
      on which all members of the Commission have been appointed, the
      Commission shall hold its first meeting.
        "(6) Meetings. - The Commission shall meet at the call of the
      Chairperson.
        "(7) Chairperson and vice chairperson. - The members of the
      Commission shall elect a chairperson and vice chairperson from
      among the members of the Commission.
        "(8) Quorum. - A majority of the members of the Commission
      shall constitute a quorum for the transaction of business.
        "(9) Voting. - Each member of the Commission shall be entitled
      to 1 vote, which shall be equal to the vote of every other member
      of the Commission.
      "(d) Duties of the Commission. - 
        "(1) In general. - The Commission shall be responsible for
      examining the nature, causes, and consequences of, and the
      accuracy of available data on, the United States merchandise
      trade and current account deficits.
        "(2) Issues to be addressed. - The Commission shall examine and
      report to the President, the Committee on Ways and Means of the
      House of Representatives, the Committee on Finance of the Senate,
      and other appropriate committees of Congress on the following:
          "(A) The relationship of the merchandise trade and current
        account balances to the overall well-being of the United States
        economy, and to wages and employment in various sectors of the
        United States economy.
          "(B) The impact that United States monetary and fiscal
        policies may have on United States merchandise trade and
        current account deficits.
          "(C) The extent to which the coordination, allocation, and
        accountability of trade responsibilities among Federal agencies
        may contribute to the trade and current account deficits.
          "(D) The causes and consequences of the merchandise trade and
        current account deficits and specific bilateral trade deficits,
        including - 
            "(i) identification and quantification of - 
         "(I) the macroeconomic factors and bilateral trade barriers
          that may contribute to the United States merchandise trade
          and current account deficits;
         "(II) any impact of the merchandise trade and current account
          deficits on the domestic economy, industrial base,
          manufacturing capacity, technology, number and quality of
          jobs, productivity, wages, and the United States standard of
          living;
         "(III) any impact of the merchandise trade and current account
          deficits on the defense production and innovation
          capabilities of the United States; and
         "(IV) trade deficits within individual industrial,
          manufacturing, and production sectors, and any relationship
          between such deficits and the increasing volume of intra-
          industry and intra-company transactions;
            "(ii) a review of the adequacy and accuracy of the current
          collection and reporting of import and export data, and the
          identification and development of additional data bases and
          economic measurements that may be needed to properly quantify
          the merchandise trade and current account balances, and any
          impact the merchandise trade and current account balances may
          have on the United States economy; and
            "(iii) the extent to which there is reciprocal market
          access substantially equivalent to that afforded by the
          United States in each country with which the United States
          has a persistent and substantial bilateral trade deficit, and
          the extent to which such deficits have become structural.
          "(E) Any relationship of United States merchandise trade and
        current account deficits to both comparative and competitive
        trade advantages within the global economy, including - 
            "(i) a systematic analysis of the United States trade
          patterns with different trading partners and to what extent
          the trade patterns are based on comparative and competitive
          trade advantages;
            "(ii) the extent to which the increased mobility of capital
          and technology has changed both comparative and competitive
          trade advantages;
            "(iii) any impact that labor, environmental, or health and
          safety standards may have on comparative and competitive
          trade advantages;
            "(iv) the effect that offset and technology transfer
          agreements have on the long-term competitiveness of the
          United States manufacturing sectors; and
            "(v) any effect that international trade, labor,
          environmental, or other agreements may have on United States
          competitiveness.
          "(F) The extent to which differences in the growth rates of
        the United States and its trading partners may impact on United
        States merchandise trade and current account deficits.
          "(G) The impact that currency exchange rate fluctuations and
        any manipulation of exchange rates may have on United States
        merchandise trade and current account deficits.
          "(H) The flow of investments both into and out of the United
        States, including - 
            "(i) any consequences for the United States economy of the
          current status of the United States as a debtor nation;
            "(ii) any relationship between such investment flows and
          the United States merchandise trade and current account
          deficits and living standards of United States workers;
            "(iii) any impact such investment flows may have on United
          States labor, community, environmental, and health and safety
          standards, and how such investment flows influence the
          location of manufacturing facilities; and
            "(iv) the effect of barriers to United States foreign
          direct investment in developed and developing nations,
          particularly nations with which the United States has a
          merchandise trade and current account deficit.
      "(e) Final Report. - 
        "(1) In general. - Not later than 15 months after the date of
      the initial meeting of the Commission, the Commission shall
      submit to the President and Congress a final report which
      contains - 
          "(A) the findings and conclusions of the Commission described
        in subsection (d); and
          "(B) recommendations for addressing the problems identified
        as part of the Commission's analysis.
        "(2) Separate views. - Any member of the Commission may submit
      additional findings and recommendations as part of the final
      report.
      "(f) Powers of Commission. - 
        "(1) Hearings. - The Commission may hold such hearings, sit and
      act at such times and places, take such testimony, and receive
      such evidence as the Commission may find advisable to fulfill the
      requirements of this section. The Commission shall hold at least
      1 or more hearings in Washington, D.C., and 4 in different
      regions of the United States.
        "(2) Information from federal agencies. - The Commission may
      secure directly from any Federal department or agency such
      information as the Commission considers necessary to carry out
      the provisions of this section. Upon request of the Chairperson
      of the Commission, the head of such department or agency shall
      furnish such information to the Commission.
        "(3) Postal services. - The Commission may use the United
      States mails in the same manner and under the same conditions as
      other departments and agencies of the Federal Government.
      "(g) Commission Personnel Matters. - 
        "(1) Compensation of members. - Each member of the Commission
      shall be compensated at a rate equal to the daily equivalent of
      the annual rate of basic pay prescribed for level IV of the
      Executive Schedule under section 5315 of title 5, United States
      Code, for each day (including travel time) during which such
      member is engaged in the performance of the duties of the
      Commission.
        "(2) Travel expenses. - The members of the Commission shall be
      allowed travel expenses, including per diem in lieu of
      subsistence, at rates authorized for employees of agencies under
      subchapter I of chapter 57 of title 5, United States Code, while
      away from their homes or regular places of business in the
      performance of services for the Commission.
        "(3) Staff. - 
          "(A) In general. - The Chairperson of the Commission may,
        without regard to the civil service laws and regulations,
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the
        Commission to perform its duties. The employment of an
        executive director shall be subject to confirmation by the
        Commission.
          "(B) Compensation. - The Chairperson of the Commission may
        fix the compensation of the executive director and other
        personnel without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of title 5, United States Code,
        relating to classification of positions and General Schedule
        pay rates, except that the rate of pay for the executive
        director and other personnel may not exceed the rate payable
        for level V of the Executive Schedule under section 5316 of
        such title.
        "(4) Detail of government employees. - Any Federal Government
      employee may be detailed to the Commission without reimbursement,
      and such detail shall be without interruption or loss of civil
      service status or privilege.
        "(5) Procurement of temporary and intermittent services. - The
      Chairperson of the Commission may procure temporary and
      intermittent services under section 3109(b) of title 5, United
      States Code, at rates for individuals which do not exceed the
      daily equivalent of the annual rate of basic pay prescribed for
      level V of the Executive Schedule under section 5316 of such
      title.
        "(6) Applicability of certain pay authorities. - An individual
      who is a member of the Commission and is an annuitant or
      otherwise covered by section 8344 or 8468 of title 5, United
      States Code, by reason of membership on the Commission is not
      subject to the provisions of section 8344 or 8468 (whichever is
      applicable) with respect to such membership.
      "(h) Support Services. - The Administrator of the General
    Services Administration shall provide to the Commission on a
    reimbursable basis such administrative support services as the
    Commission may request.
      "(i) Appropriations. - There are appropriated $2,000,000 to the
    Commission to carry out the provisions of this section. Amounts
    appropriated pursuant to this subsection shall remain available
    until the date which is 90 days after the date on which the
    Commission submits the final report described in subsection (e).
      "(j) Federal Advisory Committee Act. - The provisions of the
    Federal Advisory Committee Act (Public Law 92-463; 5 U.S.C. App.)
    shall not apply to the Commission.
      "(k) Termination. - The Commission shall terminate 90 days after
    the date on which the Commission submits the final report under
    subsection (e)."

-End-


-CITE-
    19 USC Part 7 - United States International Trade
                     Commission                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 7 - United States International Trade Commission

-HEAD-
           PART 7 - UNITED STATES INTERNATIONAL TRADE COMMISSION       

-End-



-CITE-
    19 USC Sec. 2231                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 7 - United States International Trade Commission

-HEAD-
    Sec. 2231. Change of name

-STATUTE-
    (a) Former United States Tariff Commission
      The United States Tariff Commission (established by section 1330
    of this title) is renamed as the United States International Trade
    Commission.
    (b) References in law and other documents
      Any reference in any law of the United States, or in any order,
    rule, regulation, or other document, to the United States Tariff
    Commission (or the Tariff Commission) shall be considered to refer
    to the United States International Trade Commission.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 171, Jan. 3, 1975, 88 Stat. 2009.)

-End-



-CITE-
    19 USC Sec. 2232                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 7 - United States International Trade Commission

-HEAD-
    Sec. 2232. Independent budget and authorization of appropriations

-STATUTE-
      Effective with respect to the fiscal year beginning October 1,
    1976, for purposes of chapter 11 of title 31, estimated
    expenditures and proposed appropriations for the United States
    International Trade Commission shall be transmitted to the
    President on or before October 15 of the year preceding the
    beginning of each fiscal year and shall be included by him in the
    Budget without revision, and the Commission shall not be considered
    to be a department or establishment for purposes of such chapter.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 175(a)(1), Jan. 3, 1975, 88 Stat.
    2011.)

-COD-
                               CODIFICATION                           
      "Chapter 11 of title 31" and "such chapter" substituted in text
    for "the Budget and Accounting Act, 1921 (31 U.S.C. 1 et seq.)" and
    "such Act", respectively, on authority of Pub. L. 97-258, Sec.
    4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which
    enacted Title 31, Money and Finance.

-End-


-CITE-
    19 USC Part 8 - Identification of Market Barriers and
                     Certain Unfair Trade Actions          01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 8 - Identification of Market Barriers and Certain Unfair Trade
              Actions                                 

-HEAD-
    PART 8 - IDENTIFICATION OF MARKET BARRIERS AND CERTAIN UNFAIR TRADE
                                  ACTIONS

-End-



-CITE-
    19 USC Sec. 2241                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 8 - Identification of Market Barriers and Certain Unfair Trade
              Actions                                 

-HEAD-
    Sec. 2241. Estimates of barriers to market access

-STATUTE-
    (a) National trade estimates
      (1) In general
        For calendar year 1988, and for each succeeding calendar year,
      the United States Trade Representative, through the interagency
      trade organization established pursuant to section 1872(a) of
      this title and with the assistance of the interagency advisory
      committee established under section 2171(d)(2) of this title,
      shall - 
          (A) identify and analyze acts, policies, or practices of each
        foreign country which constitute significant barriers to, or
        distortions of - 
            (i) United States exports of goods or services (including
          agricultural commodities; and property protected by
          trademarks, patents, and copyrights exported or licensed by
          United States persons),
            (ii) foreign direct investment by United States persons,
          especially if such investment has implications for trade in
          goods or services; (!1) and

            (iii) United States electronic commerce,(!2)


          (B) make an estimate of the trade-distorting impact on United
        States commerce of any act, policy, or practice identified
        under subparagraph (A); and
          (C) make an estimate, if feasible, of - 
            (i) the value of additional goods and services of the
          United States,
            (ii) the value of additional foreign direct investment by
          United States persons, and
            (iii) the value of additional United States electronic
          commerce,

        that would have been exported to, or invested in or transacted
        with,,(!3) each foreign country during such calendar year if
        each of such acts, policies, and practices of such country did
        not exist.

      (2) Certain factors taken into account in making analysis and
        estimate
        In making any analysis or estimate under paragraph (1), the
      Trade Representative shall take into account - 
          (A) the relative impact of the act, policy, or practice on
        United States commerce;
          (B) the availability of information to document prices,
        market shares, and other matters necessary to demonstrate the
        effects of the act, policy, or practice;
          (C) the extent to which such act, policy, or practice is
        subject to international agreements to which the United States
        is a party;
          (D) any advice given through appropriate committees
        established pursuant to section 2155 of this title; and
          (E) the actual increase in - 
            (i) the value of goods and services of the United States
          exported to,
            (ii) the value of foreign direct investment made in, and
            (iii) the value of electronic commerce transacted with,

        the foreign country during the calendar year for which the
        estimate under paragraph (1)(C) is made.
      (3) Annual revisions and updates
        The Trade Representative shall annually revise and update the
      analysis and estimate under paragraph (1).
    (b) Reports
      (1) In general
        On or before April 30, 1989, and on or before March 31 of each
      succeeding calendar year, the Trade Representative shall submit a
      report on the analysis and estimates made under subsection (a) of
      this section for the calendar year preceding such calendar year
      (which shall be known as the "National Trade Estimate") to the
      President, the Committee on Finance of the Senate, and
      appropriate committees of the House of Representatives.
      (2) Reports to include information with respect to action being
        taken
        The Trade Representative shall include in each report submitted
      under paragraph (1) information with respect to any action taken
      (or the reasons for no action taken) to eliminate any act,
      policy, or practice identified under subsection (a), including,
      but not limited to - 
          (A) any action under section 2411 of this title,
          (B) negotiations or consultations with foreign governments,
        or
          (C) a section on foreign anticompetitive practices, the
        toleration of which by foreign governments is adversely
        affecting exports of United States goods or services.
      (3) Consultation with Congress on trade policy priorities
        The Trade Representative shall keep the committees described in
      paragraph (1) currently informed with respect to trade policy
      priorities for the purposes of expanding market opportunities.
      After the submission of the report required by paragraph (1), the
      Trade Representative shall also consult periodically with, and
      take into account the views of, the committees described in that
      paragraph regarding means to address the foreign trade barriers
      identified in the report, including the possible initiation of
      investigations under section 2412 of this title or other trade
      actions.
    (c) Assistance of other agencies
      (1) Furnishing of information
        The head of each department or agency of the executive branch
      of the Government, including any independent agency, is
      authorized and directed to furnish to the Trade Representative or
      to the appropriate agency, upon request, such data, reports, and
      other information as is necessary for the Trade Representative to
      carry out his functions under this section. In preparing the
      section of the report required by subsection (b)(2)(C) of this
      section, the Trade Representative shall consult in particular
      with the Attorney General.
      (2) Restrictions on release or use of information
        Nothing in this subsection shall authorize the release of
      information to, or the use of information by, the Trade
      Representative in a manner inconsistent with law or any procedure
      established pursuant thereto.
      (3) Personnel and services
        The head of any department, agency, or instrumentality of the
      United States may detail such personnel and may furnish such
      services, with or without reimbursement, as the Trade
      Representative may request to assist in carrying out his
      functions.
    (d) Electronic commerce
      For purposes of this section, the term "electronic commerce" has
    the meaning given that term in section 1104(3) (!4) of the Internet
    Tax Freedom Act.


-SOURCE-
    (Pub. L. 93-618, title I, Sec. 181, as added Pub. L. 98-573, title
    III, Sec. 303(a), Oct. 30, 1984, 98 Stat. 3001; amended Pub. L. 100-
    418, title I, Sec. 1304, Aug. 23, 1988, 102 Stat. 1181; Pub. L.
    103-465, title III, Secs. 311(a), 312, Dec. 8, 1994, 108 Stat.
    4938; Pub. L. 105-277, div. C, title XII, Sec. 1202, Oct. 21, 1998,
    112 Stat. 2681-726.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1104(3) of the Internet Tax Freedom Act, referred to in
    subsec. (d), was redesignated section 1105(3) of the Act by Pub. L.
    108-435, Sec. 3(1), Dec. 3, 2004, 118 Stat. 2616, and is set out in
    a note under section 151 of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1)(A)(iii). Pub. L. 105-277, Sec. 1202(1)(A),
    added cl. (iii).
      Subsec. (a)(1)(C). Pub. L. 105-277, Sec. 1202(1)(B), added cl.
    (iii) and inserted "or transacted with," after "or invested in" in
    concluding provisions.
      Subsec. (a)(2)(E)(iii). Pub. L. 105-277, Sec. 1202(2), added cl.
    (iii).
      Subsec. (d). Pub. L. 105-277, Sec. 1202(3), added subsec. (d).
      1994 - Subsec. (b)(2)(C). Pub. L. 103-465, Sec. 311(a)(1), added
    subpar. (C).
      Subsec. (b)(3). Pub. L. 103-465, Sec. 312, inserted at end "After
    the submission of the report required by paragraph (1), the Trade
    Representative shall also consult periodically with, and take into
    account the views of, the committees described in that paragraph
    regarding means to address the foreign trade barriers identified in
    the report, including the possible initiation of investigations
    under section 2412 of this title or other trade actions."
      Subsec. (c)(1). Pub. L. 103-465, Sec. 311(a)(2), inserted at end
    "In preparing the section of the report required by subsection
    (b)(2)(C) of this section, the Trade Representative shall consult
    in particular with the Attorney General."
      1988 - Pub. L. 100-418, Sec. 1304(a)(10), substituted "Estimates
    of" for "Actions concerning" in section catchline.
      Subsec. (a)(1). Pub. L. 100-418, Sec. 1304(a)(1), substituted
    "For calendar year 1988, and for each succeeding calendar year,"
    for "Not later than the date on which the initial report is
    required under subsection (b)(1) of this section,".
      Pub. L. 100-418, Sec. 1304(a)(9), which directed the insertion of
    "and with the assistance of the interagency advisory committee
    established under section 2171(d)(2) of this title," after "section
    1872(a) of this title," was executed by making the insertion after
    "section 1872(a) of this title" to reflect the probable intent of
    Congress.
      Subsec. (a)(1)(A). Pub. L. 100-418, Sec. 1304(a)(2), inserted "of
    each foreign country" after "or practices".
      Subsec. (a)(1)(C). Pub. L. 100-418, Sec. 1304(a)(3)-(5), added
    subpar. (C).
      Subsec. (a)(2)(E). Pub. L. 100-418, Sec. 1304(a)(6)-(8), added
    subpar. (E).
      Subsec. (b)(1). Pub. L. 100-418, Sec. 1304(b), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows: "On or
    before the date which is one year after October 30, 1984, and each
    year thereafter, the Trade Representative shall submit the analysis
    and estimate under subsection (a) of this section to the Committee
    on Finance of the Senate and to the Committee on Ways and Means of
    the House of Representatives."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the date on which the
    WTO Agreement enters into force with respect to the United States
    [Jan. 1, 1995], see section 316 of Pub. L. 103-465, set out as an
    Effective Date note under section 3581 of this title.

                               SEVERABILITY                           
      Pub. L. 105-277, div. C, title XII, Sec. 1206, Oct. 21, 1998, 112
    Stat. 2681-728, provided that: "If any provision of this title
    [amending this section and enacting provisions set out under this
    section], or any amendment made by this title, or the application
    of that provision to any person or circumstance, is held by a court
    of competent jurisdiction to violate any provision of the
    Constitution of the United States, then the other provisions of
    that title, and the application of that provision to other persons
    and circumstances, shall not be affected."

                      CONSTRUCTION OF 1998 AMENDMENTS                  
      Pub. L. 105-277, div. C, title XII, Sec. 1204, Oct. 21, 1998, 112
    Stat. 2681-728, provided that: "Nothing in this title [amending
    this section and enacting provisions set out under this section]
    shall be construed to expand the duty of any person to collect or
    pay taxes beyond that which existed immediately before the date of
    the enactment of this Act [Oct. 21, 1998]."
      Pub. L. 105-277, div. C, title XII, Sec. 1205, Oct. 21, 1998, 112
    Stat. 2681-728, provided that: "Nothing in this title [amending
    this section and enacting provisions set out under this section]
    shall limit or otherwise affect the implementation of the
    Telecommunications Act of 1996 (Public Law 104-104) [see Short
    Title of 1996 Amendment note set out under section 609 of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs] or the amendments made
    by such Act."

     DECLARATION THAT THE INTERNET SHOULD BE FREE OF FOREIGN TARIFFS,
                  TRADE BARRIERS, AND OTHER RESTRICTIONS
      Pub. L. 105-277, div. C, title XII, Sec. 1203, Oct. 21, 1998, 112
    Stat. 2681-727, provided that:
      "(a) In General. - It is the sense of Congress that the President
    should seek bilateral, regional, and multilateral agreements to
    remove barriers to global electronic commerce through the World
    Trade Organization, the Organization for Economic Cooperation and
    Development, the Trans-Atlantic Economic Partnership, the Asia
    Pacific Economic Cooperation forum, the Free Trade Area of the
    America, the North American Free Trade Agreement, and other
    appropriate venues.
      "(b) Negotiating Objectives. - The negotiating objectives of the
    United States shall be - 
        "(1) to assure that electronic commerce is free from - 
          "(A) tariff and nontariff barriers;
          "(B) burdensome and discriminatory regulation and standards;
        and
          "(C) discriminatory taxation; and
        "(2) to accelerate the growth of electronic commerce by
      expanding market access opportunities for - 
          "(A) the development of telecommunications infrastructure;
          "(B) the procurement of telecommunications equipment;
          "(C) the provision of Internet access and telecommunications
        services; and
          "(D) the exchange of goods, services, and digitalized
        information.
      "(c) Electronic Commerce. - For purposes of this section, the
    term 'electronic commerce' has the meaning given that term in
    section 1104(3) [probably means Pub. L. 105-277, div. C, title XI,
    Sec. 1105(3), set out in a note under section 151 of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs]."

-FOOTNOTE-
    (!1) So in original. The semicolon probably should be a comma.

               

    (!2) So in original. The comma probably should be a semicolon.

    (!3) So in original.

    (!4) So in original. See References in Text note below.


-End-



-CITE-
    19 USC Sec. 2242                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER I - NEGOTIATING AND OTHER AUTHORITY
    Part 8 - Identification of Market Barriers and Certain Unfair Trade
              Actions                                 

-HEAD-
    Sec. 2242. Identification of countries that deny adequate
      protection, or market access, for intellectual property rights

-STATUTE-
    (a) In general
      By no later than the date that is 30 days after the date on which
    the annual report is submitted to Congressional committees under
    section 2241(b) of this title, the United States Trade
    Representative (hereafter in this section referred to as the "Trade
    Representative") shall identify - 
        (1) those foreign countries that - 
          (A) deny adequate and effective protection of intellectual
        property rights, or
          (B) deny fair and equitable market access to United States
        persons that rely upon intellectual property protection, and

        (2) those foreign countries identified under paragraph (1) that
      are determined by the Trade Representative to be priority foreign
      countries.
    (b) Special rules for identifications
      (1) In identifying priority foreign countries under subsection
    (a)(2) of this section, the Trade Representative shall only
    identify those foreign countries - 
        (A) that have the most onerous or egregious acts, policies, or
      practices that - 
          (i) deny adequate and effective intellectual property rights,
        or
          (ii) deny fair and equitable market access to United States
        persons that rely upon intellectual property protection,

        (B) whose acts, policies, or practices described in
      subparagraph (A) have the greatest adverse impact (actual or
      potential) on the relevant United States products, and
        (C) that are not - 
          (i) entering into good faith negotiations, or
          (ii) making significant progress in bilateral or multilateral
        negotiations,

      to provide adequate and effective protection of intellectual
      property rights.

      (2) In identifying priority foreign countries under subsection
    (a)(2) of this section, the Trade Representative shall - 
        (A) consult with the Register of Copyrights, the Under
      Secretary of Commerce for Intellectual Property and Director of
      the United States Patent and Trademark Office, other appropriate
      officers of the Federal Government, and
        (B) take into account information from such sources as may be
      available to the Trade Representative and such information as may
      be submitted to the Trade Representative by interested persons,
      including information contained in reports submitted under
      section 2241(b) of this title and petitions submitted under
      section 2412 of this title.

      (3) The Trade Representative may identify a foreign country under
    subsection (a)(1)(B) of this section only if the Trade
    Representative finds that there is a factual basis for the denial
    of fair and equitable market access as a result of the violation of
    international law or agreement, or the existence of barriers,
    referred to in subsection (d)(3) of this section.
      (4) In identifying foreign countries under paragraphs (1) and (2)
    of subsection (a) of this section, the Trade Representative shall
    take into account - 
        (A) the history of intellectual property laws and practices of
      the foreign country, including any previous identification under
      subsection (a)(2) of this section, and
        (B) the history of efforts of the United States, and the
      response of the foreign country, to achieve adequate and
      effective protection and enforcement of intellectual property
      rights.
    (c) Revocations and additional identifications
      (1) The Trade Representative may at any time - 
        (A) revoke the identification of any foreign country as a
      priority foreign country under this section, or
        (B) identify any foreign country as a priority foreign country
      under this section,

    if information available to the Trade Representative indicates that
    such action is appropriate.
      (2) The Trade Representative shall include in the semiannual
    report submitted to the Congress under section 2419(3) of this
    title a detailed explanation of the reasons for the revocation
    under paragraph (1) of the identification of any foreign country as
    a priority foreign country under this section.
    (d) Definitions
      For purposes of this section - 
        (1) The term "persons that rely upon intellectual property
      protection" means persons involved in - 
          (A) the creation, production or licensing of works of
        authorship (within the meaning of sections 102 and 103 of title
        17) that are copyrighted, or
          (B) the manufacture of products that are patented or for
        which there are process patents.

        (2) A foreign country denies adequate and effective protection
      of intellectual property rights if the foreign country denies
      adequate and effective means under the laws of the foreign
      country for persons who are not citizens or nationals of such
      foreign country to secure, exercise, and enforce rights relating
      to patents, process patents, registered trademarks, copyrights
      and mask works.
        (3) A foreign country denies fair and equitable market access
      if the foreign country effectively denies access to a market for
      a product protected by a copyright or related right, patent,
      trademark, mask work, trade secret, or plant breeder's right,
      through the use of laws, procedures, practices, or regulations
      which - 
          (A) violate provisions of international law or international
        agreements to which both the United States and the foreign
        country are parties, or
          (B) constitute discriminatory nontariff trade barriers.

        (4) A foreign country may be determined to deny adequate and
      effective protection of intellectual property rights,
      notwithstanding the fact that the foreign country may be in
      compliance with the specific obligations of the Agreement on
      Trade-Related Aspects of Intellectual Property Rights referred to
      in section 3511(d)(15) of this title.
    (e) Publication
      The Trade Representative shall publish in the Federal Register a
    list of foreign countries identified under subsection (a) of this
    section and shall make such revisions to the list as may be
    required by reason of action under subsection (c) of this section.
    (f) Special rule for actions affecting United States cultural
      industries
      (1) In general
        By no later than the date that is 30 days after the date on
      which the annual report is submitted to Congressional committees
      under section 2241(b) of this title, the Trade Representative
      shall identify any act, policy, or practice of Canada which - 
          (A) affects cultural industries,
          (B) is adopted or expanded after December 17, 1992, and
          (C) is actionable under article 2106 of the North American
        Free Trade Agreement.
      (2) Special rules for identifications
        For purposes of section 2412(b)(2)(A) of this title, an act,
      policy, or practice identified under this subsection shall be
      treated as an act, policy, or practice that is the basis for
      identification of a country under subsection (a)(2) of this
      section, unless the United States has already taken action
      pursuant to article 2106 of the North American Free Trade
      Agreement in response to such act, policy, or practice. In
      deciding whether to identify an act, policy, or practice under
      paragraph (1), the Trade Representative shall - 
          (A) consult with and take into account the views of
        representatives of the relevant domestic industries,
        appropriate committees established pursuant to section 2155 of
        this title, and appropriate officers of the Federal Government,
        and
          (B) take into account the information from such sources as
        may be available to the Trade Representative and such
        information as may be submitted to the Trade Representative by
        interested persons, including information contained in reports
        submitted under section 2241(b) of this title.
      (3) Cultural industries
        For purposes of this subsection, the term "cultural industries"
      means persons engaged in any of the following activities:
          (A) The publication, distribution, or sale of books,
        magazines, periodicals, or newspapers in print or machine
        readable form but not including the sole activity of printing
        or typesetting any of the foregoing.
          (B) The production, distribution, sale, or exhibition of film
        or video recordings.
          (C) The production, distribution, sale, or exhibition of
        audio or video music recordings.
          (D) The publication, distribution, or sale of music in print
        or machine readable form.
          (E) Radio communications in which the transmissions are
        intended for direct reception by the general public, and all
        radio, television, and cable broadcasting undertakings and all
        satellite programming and broadcast network services.
    (g) Annual report
      The Trade Representative shall, by not later than the date by
    which countries are identified under subsection (a) of this
    section, transmit to the Committee on Ways and Means of the House
    of Representatives and the Committee on Finance of the Senate, a
    report on actions taken under this section during the 12 months
    preceding such report, and the reasons for such actions, including
    a description of progress made in achieving improved intellectual
    property protection and market access for persons relying on
    intellectual property rights.

-SOURCE-
    (Pub. L. 93-618, title I, Sec. 182, as added Pub. L. 100-418, title
    I, Sec. 1303(b), Aug. 23, 1988, 102 Stat. 1179; amended Pub. L. 103-
    182, title V, Sec. 513, Dec. 8, 1993, 107 Stat. 2156; Pub. L. 103-
    465, title III, Sec. 313, Dec. 8, 1994, 108 Stat. 4938; Pub. L.
    106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(8)], Nov.
    29, 1999, 113 Stat. 1536, 1501A-584.)


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(2)(A). Pub. L. 106-113 substituted "Under
    Secretary of Commerce for Intellectual Property and Director of the
    United States Patent and Trademark Office" for "Commissioner of
    Patents and Trademarks".
      1994 - Subsec. (b)(4). Pub. L. 103-465, Sec. 313(1), added par.
    (4).
      Subsec. (d)(3). Pub. L. 103-465, Sec. 313(2)(A), amended
    introductory provisions generally. Prior to amendment, introductory
    provisions read as follows: "A foreign country denies fair and
    equitable market access if the foreign country effectively denies
    access to a market for a product protected by a copyright, patent,
    or process patent through the use of laws, procedures, practices,
    or regulations which - ".
      Subsec. (d)(4). Pub. L. 103-465, Sec. 313(2)(B), added par. (4).
      Subsec. (g). Pub. L. 103-465, Sec. 313(3), added subsec. (g).
      1993 - Subsec. (f). Pub. L. 103-182 added subsec. (f).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the date on which the
    WTO Agreement enters into force with respect to the United States
    [Jan. 1, 1995], see section 316 of Pub. L. 103-465, set out as an
    Effective Date note under section 3581 of this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], see section 516(a) of Pub. L. 103-
    182, set out as an Effective Date note under section 3461 of this
    title.

        PROCUREMENT FROM COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE
                PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
      Pub. L. 101-189, div. A, title VIII, Sec. 852, Nov. 29, 1989, 103
    Stat. 1517, as amended by Pub. L. 101-510, div. A, title XIII, Sec.
    1302(a), Nov. 5, 1990, 104 Stat. 1668, provided that it is the
    sense of Congress that it be a very important consideration in
    procurement of property, services, or technology by the Department
    of Defense whether such procurement is from any person of any
    country which has been identified by the United States Trade
    Representative as denying adequate and effective protection of
    intellectual property rights or fair and equitable market access to
    United States persons that rely upon intellectual property
    protection.

       IDENTIFICATION OF COUNTRIES THAT DENY ADEQUATE AND EFFECTIVE
                PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
      Section 1303(a) of Pub. L. 100-418 provided that:
      "(1) The Congress finds that - 
        "(A) international protection of intellectual property rights
      is vital to the international competitiveness of United States
      persons that rely on protection of intellectual property rights;
      and
        "(B) the absence of adequate and effective protection of United
      States intellectual property rights, and the denial of fair and
      equitable market access, seriously impede the ability of the
      United States persons that rely on protection of intellectual
      property rights to export and operate overseas, thereby harming
      the economic interests of the United States.
      "(2) The purpose of this section [enacting this section and this
    note] is to provide for the development of an overall strategy to
    ensure adequate and effective protection of intellectual property
    rights and fair and equitable market access for United States
    persons that rely on protection of intellectual property rights."

-End-


-CITE-
    19 USC SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY
           IMPORT COMPETITION                              01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION

-HEAD-
      SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION  

-End-


-CITE-
    19 USC Part 1 - Positive Adjustment by Industries Injured
                     by Imports                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-
       PART 1 - POSITIVE ADJUSTMENT BY INDUSTRIES INJURED BY IMPORTS   

-End-



-CITE-
    19 USC Sec. 2251                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-
    Sec. 2251. Action to facilitate positive adjustment to import
      competition

-STATUTE-
    (a) Presidential action
      If the United States International Trade Commission (hereinafter
    referred to in this part as the "Commission") determines under
    section 2252(b) of this title that an article is being imported
    into the United States in such increased quantities as to be a
    substantial cause of serious injury, or the threat thereof, to the
    domestic industry producing an article like or directly competitive
    with the imported article, the President, in accordance with this
    part, shall take all appropriate and feasible action within his
    power which the President determines will facilitate efforts by the
    domestic industry to make a positive adjustment to import
    competition and provide greater economic and social benefits than
    costs.
    (b) Positive adjustment to import competition
      (1) For purposes of this part, a positive adjustment to import
    competition occurs when - 
        (A) the domestic industry - 
          (i) is able to compete successfully with imports after
        actions taken under section 2254 of this title terminate, or
          (ii) the domestic industry experiences an orderly transfer of
        resources to other productive pursuits; and

        (B) dislocated workers in the industry experience an orderly
      transition to productive pursuits.

      (2) The domestic industry may be considered to have made a
    positive adjustment to import competition even though the industry
    is not of the same size and composition as the industry at the time
    the investigation was initiated under section 2252(b) of this
    title.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 201, Jan. 3, 1975, 88 Stat. 2011;
    Pub. L. 96-39, title I, Sec. 106(b)(3), July 26, 1979, 93 Stat.
    193; Pub. L. 98-573, title II, Sec. 249, Oct. 30, 1984, 98 Stat.
    2998; Pub. L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988, 102
    Stat. 1225.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418, in amending section generally,
    substituted provisions relating to action to facilitate positive
    adjustment to import competition for provisions relating to
    investigation by International Trade Commission. See section 2252
    of this title.
      1984 - Subsec. (b)(2)(B). Pub. L. 98-573, Sec. 249(1)(A),
    substituted "inventory (whether maintained by domestic producers,
    importers, wholesalers, or retailers), and" for "inventory, and".
      Subsec. (b)(2)(D). Pub. L. 98-573, Sec. 249(1)(B)-(D), added
    subpar. (D).
      Subsec. (b)(7). Pub. L. 98-573, Sec. 249(2), added par. (7).
      1979 - Subsec. (b)(6). Pub. L. 96-39 substituted "subtitles A and
    B of title VII or section 337 of the Tariff Act of 1930" for "the
    Antidumping Act, 1921, section 303 or 337 of the Tariff Act of
    1930".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 1401(c) of Pub. L. 100-418 provided that: "The amendments
    made by subsections (a) and (b) [enacting section 2254 of this
    title and amending sections 1330, 2133, 2251 to 2253, 2274, 2354,
    and 2703 of this title and provisions set out as a note under
    section 2112 of this title] shall take effect on the date of the
    enactment of this Act [Aug. 23, 1988] and shall apply with respect
    to investigations initiated under chapter 1 of title II of the
    Trade Act of 1974 [this part] on or after that date. Any petition
    filed under section 201 of such chapter [19 U.S.C. 2251] before
    such date of enactment, and with respect to which the United States
    International Trade Commission did not make a finding before such
    date with respect to serious injury or the threat thereof, may be
    withdrawn and refiled, without prejudice, by the petitioner under
    section 202(a) of such chapter [19 U.S.C. 2252(a)] (as amended by
    this section)."

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
    1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
    under section 1304 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective Jan. 1, 1980, see section
    107 of Pub. L. 96-39, set out as an Effective Date note under
    section 1671 of this title.

            STUDY ON TRADE ADJUSTMENT ASSISTANCE FOR FISHERMEN        
      Pub. L. 107-210, div. A, title I, Sec. 143, Aug. 6, 2002, 116
    Stat. 953, required Secretary of Commerce, not later than 1 year
    after Aug. 6, 2002, to conduct a study and report to Congress on
    appropriateness and feasibility of a trade adjustment assistance
    program for fishermen.

       TERM "INDUSTRY" TO INCLUDE PRODUCERS LOCATED IN UNITED STATES
                            INSULAR POSSESSIONS
      Pub. L. 98-67, title II, Sec. 214(f), Aug. 5, 1983, 97 Stat. 393,
    provided that: "For purposes of chapter 1 of title II of the Trade
    Act of 1974 [this part], the term 'industry' shall include
    producers located in the United States insular possessions."


-EXEC-
    EX. ORD. NO. 11913. COLLECTION OF INFORMATION FOR IMPORT RELIEF AND
                           ADJUSTMENT ASSISTANCE
      Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, provided:
      By virtue of the authority vested in me by the Constitution and
    statutes of the United States of America, including Section 332(g)
    of the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as
    President of the United States of America, in order to reduce the
    reporting burden with respect to the collection of information
    pursuant to Title II of the Trade Act of 1974 (88 Stat. 2011, 19
    U.S.C. 2251 et seq.) and consistent with Chapter 35 of Title 44 of
    the United States Code, it is hereby ordered as follows:
      Section 1. Whenever the United States International Trade
    Commission, in connection with investigations pursuant to Section
    201 of the Trade Act of 1974 (19 U.S.C. 2251), collects factual
    data from firms on their sales, production, employment, and
    financial experience, the Commission shall provide such information
    to the Secretaries of Commerce and Labor.
      Sec. 2. The Secretaries of Commerce and Labor shall ensure that
    the factual data, received pursuant to Section 1, are used solely
    for the performance of their functions pursuant to Sections 264 and
    224, respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and
    2274).
                                                         Gerald R. Ford.

-End-



-CITE-
    19 USC Sec. 2252                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-
    Sec. 2252. Investigations, determinations, and recommendations by
      Commission

-STATUTE-
    (a) Petitions and adjustment plans
      (1) A petition requesting action under this part for the purpose
    of facilitating positive adjustment to import competition may be
    filed with the Commission by an entity, including a trade
    association, firm, certified or recognized union, or group of
    workers, which is representative of an industry.
      (2) A petition under paragraph (1) - 
        (A) shall include a statement describing the specific purposes
      for which action is being sought, which may include facilitating
      the orderly transfer of resources to more productive pursuits,
      enhancing competitiveness, or other means of adjustment to new
      conditions of competition; and
        (B) may - 
          (i) subject to subsection (d)(1)(C)(i) of this section,
        request provisional relief under subsection (d)(1) of this
        section; or
          (ii) request provisional relief under subsection (d)(2) of
        this section.

      (3) Whenever a petition is filed under paragraph (1), the
    Commission shall promptly transmit copies of the petition to the
    Office of the United States Trade Representative and other Federal
    agencies directly concerned.
      (4) A petitioner under paragraph (1) may submit to the Commission
    and the United States Trade Representative (hereafter in this part
    referred to as the "Trade Representative"), either with the
    petition, or at any time within 120 days after the date of filing
    of the petition, a plan to facilitate positive adjustment to import
    competition.
      (5)(A) Before submitting an adjustment plan under paragraph (4),
    the petitioner and other entities referred to in paragraph (1) that
    wish to participate may consult with the Trade Representative and
    the officers and employees of any Federal agency that is considered
    appropriate by the Trade Representative, for purposes of evaluating
    the adequacy of the proposals being considered for inclusion in the
    plan in relation to specific actions that may be taken under this
    part.
      (B) A request for any consultation under subparagraph (A) must be
    made to the Trade Representative. Upon receiving such a request,
    the Trade Representative shall confer with the petitioner and
    provide such assistance, including publication of appropriate
    notice in the Federal Register, as may be practicable in obtaining
    other participants in the consultation. No consultation may occur
    under subparagraph (A) unless the Trade Representative, or his
    delegate, is in attendance.
      (6)(A) In the course of any investigation under subsection (b) of
    this section, the Commission shall seek information (on a
    confidential basis, to the extent appropriate) on actions being
    taken, or planned to be taken, or both, by firms and workers in the
    industry to make a positive adjustment to import competition.
      (B) Regardless whether an adjustment plan is submitted under
    paragraph (4) by the petitioner, if the Commission makes an
    affirmative determination under subsection (b) of this section, any
    - 
        (i) firm in the domestic industry;
        (ii) certified or recognized union or group of workers in the
      domestic industry;
        (iii) State or local community;
        (iv) trade association representing the domestic industry; or
        (v) any other person or group of persons,

    may, individually, submit to the Commission commitments regarding
    actions such persons and entities intend to take to facilitate
    positive adjustment to import competition.
      (7) Nothing in paragraphs (5) and (6) may be construed to provide
    immunity under the antitrust laws.
      (8) The procedures concerning the release of confidential
    business information set forth in section 332(g) of the Tariff Act
    of 1930 [19 U.S.C. 1332(g)] shall apply with respect to information
    received by the Commission in the course of investigations
    conducted under this part, part 1 of title III of the North
    American Free Trade Agreement Implementation Act [19 U.S.C. 3351 et
    seq.], title II of the United States-Jordan Free Trade Area
    Implementation Act, title III of the United States-Chile Free Trade
    Agreement Implementation Act, title III of the United States-
    Singapore Free Trade Agreement Implementation Act, title III of
    the United States-Australia Free Trade Agreement Implementation
    Act, title III of the United States-Morocco Free Trade Agreement
    Implementation Act, title III of the Dominican Republic-Central
    America-United States Free Trade Agreement Implementation Act [19
    U.S.C. 4051 et seq.], and title III of the United States-Bahrain
    Free Trade Agreement Implementation Act. The Commission may request
    that parties providing confidential business information furnish
    nonconfidential summaries thereof or, if such parties indicate that
    the information in the submission cannot be summarized, the reasons
    why a summary cannot be provided. If the Commission finds that a
    request for confidentiality is not warranted and if the party
    concerned is either unwilling to make the information public or to
    authorize its disclosure in generalized or summarized form, the
    Commission may disregard the submission.
    (b) Investigations and determinations by Commission
      (1)(A) Upon the filing of a petition under subsection (a) of this
    section, the request of the President or the Trade Representative,
    the resolution of either the Committee on Ways and Means of the
    House of Representatives or the Committee on Finance of the Senate,
    or on its own motion, the Commission shall promptly make an
    investigation to determine whether an article is being imported
    into the United States in such increased quantities as to be a
    substantial cause of serious injury, or the threat thereof, to the
    domestic industry producing an article like or directly competitive
    with the imported article.
      (B) For purposes of this section, the term "substantial cause"
    means a cause which is important and not less than any other cause.
      (2)(A) Except as provided in subparagraph (B), the Commission
    shall make the determination under paragraph (1) within 120 days
    (180 days if the petition alleges that critical circumstances
    exist) after the date on which the petition is filed, the request
    or resolution is received, or the motion is adopted, as the case
    may be.
      (B) If before the 100th day after a petition is filed under
    subsection (a)(1) of this section the Commission determines that
    the investigation is extraordinarily complicated, the Commission
    shall make the determination under paragraph (1) within 150 days
    (210 days if the petition alleges that critical circumstances
    exist) after the date referred to in subparagraph (A).
      (3) The Commission shall publish notice of the commencement of
    any proceeding under this subsection in the Federal Register and
    shall, within a reasonable time thereafter, hold public hearings at
    which the Commission shall afford interested parties and consumers
    an opportunity to be present, to present evidence, to comment on
    the adjustment plan, if any, submitted under subsection (a) of this
    section, to respond to the presentations of other parties and
    consumers, and otherwise to be heard.
    (c) Factors applied in making determinations
      (1) In making determinations under subsection (b) of this
    section, the Commission shall take into account all economic
    factors which it considers relevant, including (but not limited to)
    - 
        (A) with respect to serious injury - 
          (i) the significant idling of productive facilities in the
        domestic industry,
          (ii) the inability of a significant number of firms to carry
        out domestic production operations at a reasonable level of
        profit, and
          (iii) significant unemployment or underemployment within the
        domestic industry;

        (B) with respect to threat of serious injury - 
          (i) a decline in sales or market share, a higher and growing
        inventory (whether maintained by domestic producers, importers,
        wholesalers, or retailers), and a downward trend in production,
        profits, wages, productivity, or employment (or increasing
        underemployment) in the domestic industry,
          (ii) the extent to which firms in the domestic industry are
        unable to generate adequate capital to finance the
        modernization of their domestic plants and equipment, or are
        unable to maintain existing levels of expenditures for research
        and development,
          (iii) the extent to which the United States market is the
        focal point for the diversion of exports of the article
        concerned by reason of restraints on exports of such article
        to, or on imports of such article into, third country markets;
        and

        (C) with respect to substantial cause, an increase in imports
      (either actual or relative to domestic production) and a decline
      in the proportion of the domestic market supplied by domestic
      producers.

      (2) In making determinations under subsection (b) of this
    section, the Commission shall - 
        (A) consider the condition of the domestic industry over the
      course of the relevant business cycle, but may not aggregate the
      causes of declining demand associated with a recession or
      economic downturn in the United States economy into a single
      cause of serious injury or threat of injury; and
        (B) examine factors other than imports which may be a cause of
      serious injury, or threat of serious injury, to the domestic
      industry.

    The Commission shall include the results of its examination under
    subparagraph (B) in the report submitted by the Commission to the
    President under subsection (e) of this section.
      (3) The presence or absence of any factor which the Commission is
    required to evaluate in subparagraphs (A) and (B) of paragraph (1)
    is not necessarily dispositive of whether an article is being
    imported into the United States in such increased quantities as to
    be a substantial cause of serious injury, or the threat thereof, to
    the domestic industry.
      (4) For purposes of subsection (b) of this section, in
    determining the domestic industry producing an article like or
    directly competitive with an imported article, the Commission - 
        (A) to the extent information is available, shall, in the case
      of a domestic producer which also imports, treat as part of such
      domestic industry only its domestic production;
        (B) may, in the case of a domestic producer which produces more
      than one article, treat as part of such domestic industry only
      that portion or subdivision of the producer which produces the
      like or directly competitive article; and
        (C) may, in the case of one or more domestic producers which
      produce a like or directly competitive article in a major
      geographic area of the United States and whose production
      facilities in such area for such article constitute a substantial
      portion of the domestic industry in the United States and
      primarily serve the market in such area, and where the imports
      are concentrated in such area, treat as such domestic industry
      only that segment of the production located in such area.

      (5) In the course of any proceeding under this subsection, the
    Commission shall investigate any factor which in its judgment may
    be contributing to increased imports of the article under
    investigation. Whenever in the course of its investigation the
    Commission has reason to believe that the increased imports are
    attributable in part to circumstances which come within the purview
    of subtitles A and B of title VII [19 U.S.C. 1671 et seq., 1673 et
    seq.] or section 337 [19 U.S.C. 1337] of the Tariff Act of 1930, or
    other remedial provisions of law, the Commission shall promptly
    notify the appropriate agency so that such action may be taken as
    is otherwise authorized by such provisions of law.
      (6) For purposes of this section:
        (A)(i) The term "domestic industry" means, with respect to an
      article, the producers as a whole of the like or directly
      competitive article or those producers whose collective
      production of the like or directly competitive article
      constitutes a major proportion of the total domestic production
      of such article.
        (ii) The term "domestic industry" includes producers located in
      the United States insular possessions.
        (B) The term "significant idling of productive facilities"
      includes the closing of plants or the underutilization of
      production capacity.
        (C) The term "serious injury" means a significant overall
      impairment in the position of a domestic industry.
        (D) The term "threat of serious injury" means serious injury
      that is clearly imminent.
    (d) Provisional relief
      (1)(A) An entity representing a domestic industry that produces a
    perishable agricultural product or citrus product that is like or
    directly competitive with an imported perishable agricultural
    product or citrus product may file a request with the Trade
    Representative for the monitoring of imports of that product under
    subparagraph (B). Within 21 days after receiving the request, the
    Trade Representative shall determine if - 
        (i) the imported product is a perishable agricultural product
      or citrus product; and
        (ii) there is a reasonable indication that such product is
      being imported into the United States in such increased
      quantities as to be, or likely to be, a substantial cause of
      serious injury, or the threat thereof, to such domestic industry.

      (B) If the determinations under subparagraph (A)(i) and (ii) are
    affirmative, the Trade Representative shall request, under section
    332(g) of the Tariff Act of 1930 [19 U.S.C. 1332(g)], the
    Commission to monitor and investigate the imports concerned for a
    period not to exceed 2 years. The monitoring and investigation may
    include the collection and analysis of information that would
    expedite an investigation under subsection (b) of this section.
      (C) If a petition filed under subsection (a) of this section - 
        (i) alleges injury from imports of a perishable agricultural
      product or citrus product that has been, on the date the
      allegation is included in the petition, subject to monitoring by
      the Commission under subparagraph (B) for not less than 90 days;
      and
        (ii) requests that provisional relief be provided under this
      subsection with respect to such imports;

    the Commission shall, not later than the 21st day after the day on
    which the request was filed, make a determination, on the basis of
    available information, whether increased imports (either actual or
    relative to domestic production) of the perishable agricultural
    product or citrus product are a substantial cause of serious
    injury, or the threat thereof, to the domestic industry producing a
    like or directly competitive perishable product or citrus product,
    and whether either - 
        (I) the serious injury is likely to be difficult to repair by
      reason of perishability of the like or directly competitive
      agricultural product; or
        (II) the serious injury cannot be timely prevented through
      investigation under subsection (b) of this section and action
      under section 2253 of this title.

      (D) At the request of the Commission, the Secretary of
    Agriculture shall promptly provide to the Commission any relevant
    information that the Department of Agriculture may have for
    purposes of making determinations and findings under this
    subsection.
      (E) Whenever the Commission makes an affirmative preliminary
    determination under subparagraph (C), the Commission shall find the
    amount or extent of provisional relief that is necessary to prevent
    or remedy the serious injury. In carrying out this subparagraph,
    the Commission shall give preference to increasing or imposing a
    duty on imports, if such form of relief is feasible and would
    prevent or remedy the serious injury.
      (F) The Commission shall immediately report to the President its
    determination under subparagraph (C) and, if the determination is
    affirmative, the finding under subparagraph (E).
      (G) Within 7 days after receiving a report from the Commission
    under subparagraph (F) containing an affirmative determination, the
    President, if he considers provisional relief to be warranted and
    after taking into account the finding of the Commission under
    subparagraph (E), shall proclaim such provisional relief that the
    President considers necessary to prevent or remedy the serious
    injury.
      (2)(A) When a petition filed under subsection (a) of this section
    alleges that critical circumstances exist and requests that
    provisional relief be provided under this subsection with respect
    to imports of the article identified in the petition, the
    Commission shall, not later than 60 days after the petition
    containing the request was filed, determine, on the basis of
    available information, whether - 
        (i) there is clear evidence that increased imports (either
      actual or relative to domestic production) of the article are a
      substantial cause of serious injury, or the threat thereof, to
      the domestic industry producing an article like or directly
      competitive with the imported article; and
        (ii) delay in taking action under this part would cause damage
      to that industry that would be difficult to repair.

      (B) If the determinations under subparagraph (A)(i) and (ii) are
    affirmative, the Commission shall find the amount or extent of
    provisional relief that is necessary to prevent or remedy the
    serious injury. In carrying out this subparagraph, the Commission
    shall give preference to increasing or imposing a duty on imports,
    if such form of relief is feasible and would prevent or remedy the
    serious injury.
      (C) The Commission shall immediately report to the President its
    determinations under subparagraph (A)(i) and (ii) and, if the
    determinations are affirmative, the finding under subparagraph (B).
      (D) Within 30 days after receiving a report from the Commission
    under subparagraph (C) containing an affirmative determination
    under subparagraph (A)(i) and (ii), the President, if he considers
    provisional relief to be warranted and after taking into account
    the finding of the Commission under subparagraph (B), shall
    proclaim, for a period not to exceed 200 days, such provisional
    relief that the President considers necessary to prevent or remedy
    the serious injury. Such relief shall take the form of an increase
    in, or the imposition of, a duty on imports, if such form of relief
    is feasible and would prevent or remedy the serious injury.
      (3) If provisional relief is proclaimed under paragraph (1)(G) or
    (2)(D) in the form of an increase, or the imposition of, a duty,
    the President shall order the suspension of liquidation of all
    imported articles subject to the affirmative determination under
    paragraph (1)(C) or paragraph (2)(A), as the case may be, that are
    entered, or withdrawn from warehouse for consumption, on or after
    the date of the determination.
      (4)(A) Any provisional relief implemented under this subsection
    with respect to an imported article shall terminate on the day on
    which - 
        (i) if such relief was proclaimed under paragraph (1)(G) or
      (2)(D), the Commission makes a negative determination under
      subsection (b) of this section regarding injury or the threat
      thereof by imports of such article;
        (ii) action described in section 2253(a)(3)(A) or (C) of this
      title takes effect under section 2253 of this title with respect
      to such article;
        (iii) a decision by the President not to take any action under
      section 2253(a) of this title with respect to such article
      becomes final; or
        (iv) whenever the President determines that, because of changed
      circumstances, such relief is no longer warranted.

      (B) Any suspension of liquidation ordered under paragraph (3)
    with respect to an imported article shall terminate on the day on
    which provisional relief is terminated under subparagraph (A) with
    respect to the article.
      (C) If an increase in, or the imposition of, a duty that is
    proclaimed under section 2253 of this title on an imported article
    is different from a duty increase or imposition that was proclaimed
    for such an article under this section, then the entry of any such
    article for which liquidation was suspended under paragraph (3)
    shall be liquidated at whichever of such rates of duty is lower.
      (D) If provisional relief in the form of an increase in, or the
    imposition of, a duty is proclaimed under this section with respect
    to an imported article and neither a duty increase nor a duty
    imposition is proclaimed under section 2253 of this title regarding
    such article, the entry of any such article for which liquidation
    was suspended under paragraph (3) may be liquidated at the rate of
    duty that applied before provisional relief was provided.
      (5) For purposes of this subsection:
        (A) The term "citrus product" means any processed oranges or
      grapefruit, or any orange or grapefruit juice, including
      concentrate.
        (B) A perishable agricultural product is any agricultural
      article, including livestock, regarding which the Trade
      Representative considers action under this section to be
      appropriate after taking into account - 
          (i) whether the article has - 
            (I) a short shelf life,
            (II) a short growing season, or
            (III) a short marketing period,

          (ii) whether the article is treated as a perishable product
        under any other Federal law or regulation; and
          (iii) any other factor considered appropriate by the Trade
        Representative.

      The presence or absence of any factor which the Trade
      Representative is required to take into account under clause (i),
      (ii), or (iii) is not necessarily dispositive of whether an
      article is a perishable agricultural product.
        (C) The term "provisional relief" means - 
          (i) any increase in, or imposition of, any duty;
          (ii) any modification or imposition of any quantitative
        restriction on the importation of an article into the United
        States; or
          (iii) any combination of actions under clauses (i) and (ii).
    (e) Commission recommendations
      (1) If the Commission makes an affirmative determination under
    subsection (b)(1) of this section, the Commission shall also
    recommend the action that would address the serious injury, or
    threat thereof, to the domestic industry and be most effective in
    facilitating the efforts of the domestic industry to make a
    positive adjustment to import competition.
      (2) The Commission is authorized to recommend under paragraph (1)
    - 
        (A) an increase in, or the imposition of, any duty on the
      imported article;
        (B) a tariff-rate quota on the article;
        (C) a modification or imposition of any quantitative
      restriction on the importation of the article into the United
      States;
        (D) one or more appropriate adjustment measures, including the
      provision of trade adjustment assistance under part 2 of this
      subchapter; or
        (E) any combination of the actions described in subparagraphs
      (A) through (D).

      (3) The Commission shall specify the type, amount, and duration
    of the action recommended by it under paragraph (1). The
    limitations set forth in section 2253(e) of this title are
    applicable to the action recommended by the Commission.
      (4) In addition to the recommendation made under paragraph (1),
    the Commission may also recommend that the President - 
        (A) initiate international negotiations to address the
      underlying cause of the increase in imports of the article or
      otherwise to alleviate the injury or threat; or
        (B) implement any other action authorized under law that is
      likely to facilitate positive adjustment to import competition.

      (5) For purposes of making its recommendation under this
    subsection, the Commission shall - 
        (A) after reasonable notice, hold a public hearing at which all
      interested parties shall be provided an opportunity to present
      testimony and evidence; and
        (B) take into account - 
          (i) the form and amount of action described in paragraph
        (2)(A), (B), and (C) that would prevent or remedy the injury or
        threat thereof,
          (ii) the objectives and actions specified in the adjustment
        plan, if any, submitted under subsection (a)(4) of this
        section,
          (iii) any individual commitment that was submitted to the
        Commission under subsection (a)(6) of this section,
          (iv) any information available to the Commission concerning
        the conditions of competition in domestic and world markets,
        and likely developments affecting such conditions during the
        period for which action is being requested, and
          (v) whether international negotiations may be constructive to
        address the injury or threat thereof or to facilitate
        adjustment.

      (6) Only those members of the Commission who agreed to the
    affirmative determination under subsection (b) of this section are
    eligible to vote on the recommendation required to be made under
    paragraph (1) or that may be made under paragraph (3). Members of
    the Commission who did not agree to the affirmative determination
    may submit, in the report required under subsection (f) of this
    section, separate views regarding what action, if any, should be
    taken under section 2253 of this title.
    (f) Report by Commission
      (1) The Commission shall submit to the President a report on each
    investigation undertaken under subsection (b) of this section. The
    report shall be submitted at the earliest practicable time, but not
    later than 180 days (240 days if the petition alleges that critical
    circumstances exist) after the date on which the petition is filed,
    the request or resolution is received, or the motion is adopted, as
    the case may be.
      (2) The Commission shall include in the report required under
    paragraph (1) the following:
        (A) The determination made under subsection (b) of this section
      and an explanation of the basis for the determination.
        (B) If the determination under subsection (b) of this section
      is affirmative, the recommendations for action made under
      subsection (e) of this section and an explanation of the basis
      for each recommendation.
        (C) Any dissenting or separate views by members of the
      Commission regarding the determination and any recommendation
      referred to in subparagraphs (A) and (B).
        (D) The findings required to be included in the report under
      subsection (c)(2) of this section.
        (E) A copy of the adjustment plan, if any, submitted under
      section 2251(b)(4) of this title.
        (F) Commitments submitted, and information obtained, by the
      Commission regarding steps that firms and workers in the domestic
      industry are taking, or plan to take, to facilitate positive
      adjustment to import competition.
        (G) A description of - 
          (i) the short- and long-term effects that implementation of
        the action recommended under subection (!1) (e) of this section
        is likely to have on the petitioning domestic industry, on
        other domestic industries, and on consumers, and

          (ii) the short- and long-term effects of not taking the
        recommended action on the petitioning domestic industry, its
        workers and the communities where production facilities of such
        industry are located, and on other domestic industries.

      (3) The Commission, after submitting a report to the President
    under paragraph (1), shall promptly make it available to the public
    (with the exception of the confidential information obtained under
    subsection (a)(6)(B) of this section and any other information
    which the Commission determines to be confidential) and cause a
    summary thereof to be published in the Federal Register.
    (g) Expedited consideration of adjustment assistance petitions
      If the Commission makes an affirmative determination under
    subsection (b)(1) of this section, the Commission shall promptly
    notify the Secretary of Labor and the Secretary of Commerce of the
    determination. After receiving such notification - 
        (1) the Secretary of Labor shall give expedited consideration
      to petitions by workers in the domestic industry for
      certification for eligibility to apply for adjustment assistance
      under part 2 of this subchapter; and
        (2) the Secretary of Commerce shall give expedited
      consideration to petitions by firms in the domestic industry for
      certification of eligibility to apply for adjustment assistance
      under part 3 of this subchapter.
    (h) Limitations on investigations
      (1) Except for good cause determined by the Commission to exist,
    no investigation for the purposes of this section shall be made
    with respect to the same subject matter as a previous investigation
    under this part, unless 1 year has elapsed since the Commission
    made its report to the President of the results of such previous
    investigation.
      (2) No new investigation shall be conducted with respect to an
    article that is or has been the subject of an action under section
    2253(a)(3)(A), (B), (C), or (E) of this title if the last day on
    which the President could take action under section 2253 of this
    title in the new investigation is a date earlier than that
    permitted under section 2253(e)(7) of this title.
      (3)(A) Not later than the date on which the Textiles Agreement
    enters into force with respect to the United States, the Secretary
    of Commerce shall publish in the Federal Register a list of all
    articles that are subject to the Textiles Agreement. An
    investigation may be conducted under this section concerning
    imports of any article that is subject to the Textiles Agreement
    only if the United States has integrated that article into GATT
    1994 pursuant to the Textiles Agreement, as set forth in notices
    published in the Federal Register by the Secretary of Commerce,
    including the notice published under section 3591 of this title.
      (B) For purposes of this paragraph:
        (i) The term "Textiles Agreement" means the Agreement on
      Textiles and Clothing referred to in section 3511(d)(4) of this
      title.
        (ii) The term "GATT 1994" has the meaning given that term in
      section 3501(1)(B) of this title.
    (i) Limited disclosure of confidential business information under
      protective order
      The Commission shall promulgate regulations to provide access to
    confidential business information under protective order to
    authorized representatives of interested parties who are parties to
    an investigation under this section.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 202, Jan. 3, 1975, 88 Stat. 2014;
    Pub. L. 100-418, title I, Sec. 1401(a), Aug. 23, 1988, 102 Stat.
    1225; Pub. L. 103-182, title III, Secs. 315, 317(b), Dec. 8, 1993,
    107 Stat. 2107, 2108; Pub. L. 103-465, title III, Secs. 301(a)-
    (d)(2), (4), (e), (f), 302(b)(4)(B), 303(1)-(6), Dec. 8, 1994, 108
    Stat. 4932-4934, 4936, 4937; Pub. L. 104-295, Sec. 20(c)(5), Oct.
    11, 1996, 110 Stat. 3528; Pub. L. 107-43, title II, Sec. 222, Sept.
    28, 2001, 115 Stat. 250; Pub. L. 108-77, title III, Sec. 316, Sept.
    3, 2003, 117 Stat. 937; Pub. L. 108-78, title III, Sec. 316, Sept.
    3, 2003, 117 Stat. 967; Pub. L. 108-286, title III, Sec. 316, Aug.
    3, 2004, 118 Stat. 945; Pub. L. 108-302, title III, Sec. 316, Aug.
    17, 2004, 118 Stat. 1120; Pub. L. 109-53, title III, Sec. 316, Aug.
    2, 2005, 119 Stat. 492; Pub. L. 109-169, title III, Sec. 316, Jan.
    11, 2006, 119 Stat. 3597; Pub. L. 109-283, title III, Sec. 316,
    Sept. 26, 2006, 120 Stat. 1207.)


-STATAMEND-
                        AMENDMENT OF SUBSECTION (A)                    
      Pub. L. 109-283, title I, Sec. 107(a), title III, Sec. 316, Sept.
    26, 2006, 120 Stat. 1195, 1207, provided that, effective on the
    date on which the United States-Oman Free Trade Agreement enters
    into force, subsection (a)(8) of this section is amended in the
    first sentence by striking "and" and by inserting before the period
    at the end ", and title III of the United States-Oman Free Trade
    Agreement Implementation Act".

                           AMENDMENT OF SECTION                       
      For termination of amendment by section 107(c) of Pub. L. 109-
    283, see Effective and Termination Dates of 2006 Amendment note
    below.
      For termination of amendment by section 106(c) of Pub. L. 109-
    169, see Effective and Termination Dates of 2006 Amendment note
    below.
      For termination of amendment by section 107(d) of Pub. L. 109-53,
    see Effective and Termination Dates of 2005 Amendment note below.
      For termination of amendment by section 107(c) of Pub. L. 108-
    302, see Effective and Termination Dates of 2004 Amendments note
    below.
      For termination of amendment by section 106(c) of Pub. L. 108-
    286, see Effective and Termination Dates of 2004 Amendments note
    below.
      For termination of amendment by section 107(c) of Pub. L. 108-78,
    see Effective and Termination Dates of 2003 Amendments note below.
      For termination of amendment by section 107(c) of Pub. L. 108-77,
    see Effective and Termination Dates of 2003 Amendments note below.
      For termination of amendment by section 404(c) of Pub. L. 107-43,
    see Effective and Termination Dates of 2001 Amendment note below.

-REFTEXT-
                            REFERENCES IN TEXT                        
      The North American Free Trade Agreement Implementation Act,
    referred to in subsec. (a)(8), is Pub. L. 103-182, Dec. 8, 1993,
    107 Stat. 2057, as amended. Part 1 of title III of the Act probably
    means part 1 of subtitle A of title III of the Act, which is
    classified generally to subpart 1 (Sec. 3351 et seq.) of part A of
    subchapter III of chapter 21 of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3301 of this title and Tables.
      Title II of the United States-Jordan Free Trade Area
    Implementation Act, referred to in subsec. (a)(8), is title II of
    Pub. L. 107-43, Sept. 28, 2001, 115 Stat. 243, which is set out in
    a note under section 2112 of this title.
      Title III of the United States-Chile Free Trade Agreement
    Implementation Act, referred to in subsec. (a)(8), is title III of
    Pub. L. 108-77, Sept. 3, 2003, 117 Stat. 909, which is set out in a
    note under section 3805 of this title.
      Title III of the United States-Singapore Free Trade Agreement
    Implementation Act, referred to in subsec. (a)(8), is title III of
    Pub. L. 108-78, Sept. 3, 2003, 117 Stat. 948, which is set out in a
    note under section 3805 of this title.
      Title III of the United States-Australia Free Trade Agreement
    Implementation Act, referred to in subsec. (a)(8), is title III of
    Pub. L. 108-286, Aug. 3, 2004, 118 Stat. 941, which is set out in a
    note under section 3805 of this title.
      Title III of the United States-Morocco Free Trade Agreement
    Implementation Act, referred to in subsec. (a)(8), is title III of
    Pub. L. 108-302, Aug. 17, 2004, 118 Stat. 1116, which is set out in
    a note under section 3805 of this title.
      The Dominican Republic-Central America-United States Free Trade
    Agreement Implementation Act, referred to in subsec. (a)(8), is
    Pub. L. 109-53, Aug. 2, 2005, 119 Stat. 462, as amended. Title III
    of the Act is classified generally to subchapter III (Sec. 4051 et
    seq.) of chapter 26 of this title. For complete classification of
    this Act to the Code, see Short Title note set out under section
    4001 of this title and Tables.
      Title III of the United States-Bahrain Free Trade Agreement
    Implementation Act, referred to in subsec. (a)(8), is title III of
    Pub. L. 109-169, Jan. 11, 2006, 119 Stat. 3593, which is set out in
    a note under section 3805 of this title.
      The Tariff Act of 1930, referred to in subsec. (c)(5), is act
    June 17, 1930, ch. 497, 46 Stat. 590, as amended. Subtitles A and B
    of title VII of the Tariff Act of 1930 are classified generally to
    parts I and II (Sec. 1671 et seq. and 1673 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.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(8). Pub. L. 109-169, Secs. 106(c), 316, in
    first sentence, temporarily struck out "and" before "title III of
    the Dominican Republic-Central America-United States Free Trade
    Agreement Implementation Act" and inserted before period at end ",
    and title III of the United States-Bahrain Free Trade Agreement
    Implementation Act". See Effective and Termination Dates of 2006
    Amendment note below.
      2005 - Subsec. (a)(8). Pub. L. 109-53, Secs. 107(d), 316, in
    first sentence, temporarily struck out "and" before "title III of
    the United States-Morocco Free Trade Agreement Implementation Act"
    and inserted before period at end ", and title III of the Dominican
    Republic-Central America-United States Free Trade Agreement
    Implementation Act". See Effective and Termination Dates of 2005
    Amendment note below.
      2004 - Subsec. (a)(8). Pub. L. 108-302, Secs. 107(c), 316, in
    first sentence, temporarily struck out "and" before "title III of
    the United States-Australia" and inserted before period at end ",
    and title III of the United States-Morocco Free Trade Agreement
    Implementation Act". See Effective and Termination Dates of 2004
    Amendments note below.
      Subsec.(a)(8). Pub. L. 108-286, Secs. 106(c), 316, in first
    sentence, temporarily struck out "and" before "title III of the
    United States-Singapore" and inserted before period at end ", and
    title III of the United States-Australia Free Trade Agreement
    Implementation Act". See Effective and Termination Dates of 2004
    Amendments note below.
      2003 - Subsec. (a)(8). Pub. L. 108-78, Secs. 107(c), 316, in
    first sentence, temporarily struck out "and" before "title III of
    the United States-Chile" and inserted before period at end ", and
    title III of the United States-Singapore Free Trade Agreement
    Implementation Act". See Effective and Termination Dates of 2003
    Amendments note below.
      Pub. L. 108-77, Secs. 107(c), 316, in first sentence, temporarily
    struck out "and" before "title II" and inserted before period at
    end ", and title III of the United States-Chile Free Trade
    Agreement Implementation Act". See Effective and Termination Dates
    of 2003 Amendments note below.
      2001 - Subsec. (a)(8). Pub. L. 107-43, in first sentence,
    temporarily substituted ", part 1" for "and part 1" and inserted
    before period at end ", and title II of the United States-Jordan
    Free Trade Area Implementation Act". See Effective and Termination
    Dates of 2001 Amendment note below.
      1996 - Subsec. (d)(4)(A)(i). Pub. L. 104-295 made technical
    amendment to reference in original act which appears in text as
    reference to subsection (b) of this section.
      1994 - Subsec. (a)(2)(B)(ii). Pub. L. 103-465, Sec. 303(1),
    struck out ", or at any time before the 150th day after the date of
    filing be amended to request," after "request".
      Subsec. (a)(8). Pub. L. 103-465, Sec. 301(a), inserted at end
    "The Commission may request that parties providing confidential
    business information furnish nonconfidential summaries thereof or,
    if such parties indicate that the information in the submission
    cannot be summarized, the reasons why a summary cannot be provided.
    If the Commission finds that a request for confidentiality is not
    warranted and if the party concerned is either unwilling to make
    the information public or to authorize its disclosure in
    generalized or summarized form, the Commission may disregard the
    submission."
      Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 303(2), substituted
    "subsection (a)" for "subsection (b)".
      Subsec. (b)(2)(A). Pub. L. 103-465, Sec. 301(d)(2)(A)(i),
    inserted "(180 days if the petition alleges that critical
    circumstances exist)" after "120 days".
      Subsec. (b)(2)(B). Pub. L. 103-465, Sec. 301(d)(2)(A)(ii),
    inserted "(210 days if the petition alleges that critical
    circumstances exist)" after "150 days".
      Subsec. (b)(3), (4). Pub. L. 103-465, Sec. 301(c), added par.
    (3), struck out former par. (3) which provided time limits on
    Commission determinations where petitioner alleged existence of
    critical circumstances, and struck out former par. (4) which
    provided for notice and hearings on any adjustment plan submitted
    under subsec. (a) of this section.
      Subsec. (c)(1)(B)(i). Pub. L. 103-465, Sec. 301(e)(1), inserted
    "productivity," after "wages,".
      Subsec. (c)(6). Pub. L. 103-465, Sec. 303(5), substituted
    "section" for "subsection" in introductory provisions.
      Subsec. (c)(6)(A). Pub. L. 103-465, Sec. 301(e)(2)(A), amended
    subpar. (A) generally. Prior to amendment, subpar. (A) read as
    follows: "The term 'domestic industry' includes producers located
    in the United States insular possession."
      Subsec. (c)(6)(C), (D). Pub. L. 103-465, Sec. 301(e)(2)(B), added
    subpars. (C) and (D).
      Subsec. (d)(1)(C)(i). Pub. L. 103-465, Sec. 303(3)(A),
    substituted "subparagraph (B)" for "paragraph (2)".
      Subsec. (d)(1)(E), (G). Pub. L. 103-465, Sec. 303(3)(B), struck
    out "or threat thereof" after "the serious injury" wherever
    appearing.
      Subsec. (d)(2). Pub. L. 103-465, Sec. 301(d)(1), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows:
      "(2)(A) The Commission shall, at the same time it makes an
    affirmative determination under subsection (b)(3)(A) of this
    section regarding the existence of critical circumstances, find the
    amount or extent of provisional relief that is appropriate to
    address such critical circumstances. The Commission shall
    immediately report to the President each such affirmative
    determination and finding.
      "(B) After receiving a report from the Commission under
    subparagraph (A), the President shall, within 7 days after the day
    on which the report is received and after taking into account the
    finding of the Commission under subparagraph (A), proclaim such
    provisional relief, if any, that the President considers
    appropriate to address the critical circumstances."
      Subsec. (d)(3). Pub. L. 103-465, Sec. 301(d)(4)(A), substituted
    "(2)(D)" for "(2)(B)" and "paragraph (2)(A)" for "subsection (b)(1)
    of this section".
      Subsec. (d)(4)(A)(i). Pub. L. 103-465, Secs. 301(d)(4)(B),
    303(4), inserted "or (2)(D)" after "(1)(G)" and substituted
    "subsection (b) of this section" for "section 2253(a) of this
    title".
      Subsec. (f)(1). Pub. L. 103-465, Sec. 301(d)(2)(B), inserted
    "(240 days if the petition alleges that critical circumstances
    exist)" after "180 days".
      Subsec. (f)(2)(G)(ii). Pub. L. 103-465, Sec. 303(6), substituted
    "industry are located" for "industry is located".
      Subsec. (h)(2). Pub. L. 103-465, Sec. 302(b)(4)(B), amended par.
    (2) generally. Prior to amendment, par. (2) read as follows: "If an
    article was the subject of an investigation under this section that
    resulted in any action described in section 2253(a)(3)(A), (B),
    (C), or (E) of this title being taken under section 2253 of this
    title, no other investigation under this part may be initiated with
    respect to such article while such action is in effect or during
    the period beginning on the date on which such action terminates
    that is equal in duration to the period during which such action
    was in effect."
      Subsec. (h)(3). Pub. L. 103-465, Sec. 301(f), added par. (3).
      Subsec. (i). Pub. L. 103-465, Sec. 301(b), added subsec. (i).
      1993 - Subsec. (a)(8). Pub. L. 103-182, Sec. 317(b), added par.
    (8).
      Subsec. (d)(1)(A). Pub. L. 103-182, Sec. 315(1), inserted "or
    citrus product" after "agricultural product" wherever appearing.
      Subsec. (d)(1)(C). Pub. L. 103-182, Sec. 315(2), in cl. (i) and
    provisions before subcl. (I), inserted "or citrus product" after
    "agricultural product" wherever appearing and in provisions before
    subcl. (I), inserted "or citrus product" after "competitive
    perishable product".
      Subsec. (d)(5). Pub. L. 103-182, Sec. 315(3), (4), added subpar.
    (A) and redesignated former subpars. (A) and (B) as (B) and (C),
    respectively.
      1988 - Pub. L. 100-418, in amending section generally,
    substituted provisions relating to investigations, determinations
    and recommendations by Commission for provisions relating to
    Presidential action after investigations. See section 2253 of this
    title.

             EFFECTIVE AND TERMINATION DATES OF 2006 AMENDMENT         
      Amendment by Pub. L. 109-283 effective on the date on which the
    United States-Oman Free Trade Agreement enters into force and to
    cease to be effective on the date on which the Agreement
    terminates, see section 107(a), (c) of Pub. L. 109-283, set out in
    a note under section 3805 of this title.
      Amendment by Pub. L. 109-169 effective on the date on which the
    United States-Bahrain Free Trade Agreement enters into force (Aug.
    1, 2006) and to cease to be effective on the date on which the
    Agreement terminates, see section 106(a), (c) of Pub. L. 109-169,
    set out in a note under section 3805 of this title.

             EFFECTIVE AND TERMINATION DATES OF 2005 AMENDMENT         
      Amendment by Pub. L. 109-53 effective on the date the Dominican
    Republic-Central America-United States Free Trade Agreement enters
    into force (Mar. 1, 2006) and to cease to have effect on date
    Agreement ceases to be in force with respect to the United States,
    and, during any period in which a country ceases to be a CAFTA-DR
    country, to cease to have effect with respect to such country, see
    section 107 of Pub. L. 109-53, set out as an Effective and
    Termination Dates note under section 4001 of this title.

            EFFECTIVE AND TERMINATION DATES OF 2004 AMENDMENTS        
      Amendment by Pub. L. 108-302 effective on the date on which the
    United States-Morocco Free Trade Agreement enters into force (July
    1, 2005) and to cease to be effective on the date on which the
    Agreement terminates, see section 107(a), (c) of Pub. L. 108-302,
    set out in a note under section 3805 of this title.
      Amendment by Pub. L. 108-286 effective on the date on which the
    United States-Australia Free Trade Agreement enters into force
    (Jan. 1, 2005) and to cease to be effective on the date on which
    the Agreement terminates, see section 106(a), (c) of Pub. L. 108-
    286, set out in a note under section 3805 of this title.

            EFFECTIVE AND TERMINATION DATES OF 2003 AMENDMENTS        
      Amendment by Pub. L. 108-78 effective on the date the United
    States-Singapore Free Trade Agreement enters into force (Jan. 1,
    2004), and to cease to be effective on the date the Agreement
    ceases to be in force, see section 107(a), (c) of Pub. L. 108-78,
    set out in a note under section 3805 of this title.
      Amendment by Pub. L. 108-77 effective on the date the United
    States-Chile Free Trade Agreement enters into force (Jan. 1, 2004),
    and to cease to be effective on the date the Agreement ceases to be
    in force, see section 107(a), (c) of Pub. L. 108-77, set out in a
    note under section 3805 of this title.

             EFFECTIVE AND TERMINATION DATES OF 2001 AMENDMENT         
      Amendment by Pub. L. 107-43 effective on the date the Agreement
    between the United States of America and the Hashemite Kingdom of
    Jordan on the Establishment of a Free Trade Area enters into force
    (Dec. 17, 2001), and ceases to be effective on the date the
    Agreement ceases to be in force, see section 404(a), (c), of Pub.
    L. 107-43, set out in a note under section 2112 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 304 of title III of Pub. L. 103-465 provided that:
      "(a) In General. - Except as provided in subsection (b), this
    subtitle [subtitle A (Secs. 301-304) of title III of Pub. L. 103-
    465, amending this section and sections 2253 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].
      "(b) Section 301(b). - The amendment made by section 301(b)
    [amending this section] takes effect on the date of the enactment
    of this Act [Dec. 8, 1994]."

                     EFFECTIVE DATES OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], see section 318 of Pub. L. 103-182,
    set out as an Effective Date note under section 3351 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and
    applicable with respect to investigations initiated under this part
    on or after that date, see section 1401(c) of Pub. L. 100-418, set
    out as a note under section 2251 of this title.

                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.

-FOOTNOTE-
    (!1) So in original. Probably should be "subsection".


-End-



-CITE-
    19 USC Sec. 2253                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-
    Sec. 2253. Action by President after determination of import injury

-STATUTE-
    (a) In general
      (1)(A) After receiving a report under section 2252(f) of this
    title containing an affirmative finding regarding serious injury,
    or the threat thereof, to a domestic industry, the President shall
    take all appropriate and feasible action within his power which the
    President determines will facilitate efforts by the domestic
    industry to make a positive adjustment to import competition and
    provide greater economic and social benefits than costs.
      (B) The action taken by the President under subparagraph (A)
    shall be to such extent, and for such duration, subject to
    subsection (e)(1) of this section, that the President determines to
    be appropriate and feasible under such subparagraph.
      (C) The interagency trade organization established under section
    1872(a) of this title shall, with respect to each affirmative
    determination reported under section 2252(f) of this title, make a
    recommendation to the President as to what action the President
    should take under subparagraph (A).
      (2) In determining what action to take under paragraph (1), the
    President shall take into account - 
        (A) the recommendation and report of the Commission;
        (B) the extent to which workers and firms in the domestic
      industry are - 
          (i) benefitting from adjustment assistance and other manpower
        programs, and
          (ii) engaged in worker retraining efforts;

        (C) the efforts being made, or to be implemented, by the
      domestic industry (including the efforts included in any
      adjustment plan or commitment submitted to the Commission under
      section 2252(a) of this title) to make a positive adjustment to
      import competition;
        (D) the probable effectiveness of the actions authorized under
      paragraph (3) to facilitate positive adjustment to import
      competition;
        (E) the short- and long-term economic and social costs of the
      actions authorized under paragraph (3) relative to their short-
      and long-term economic and social benefits and other
      considerations relative to the position of the domestic industry
      in the United States economy;
        (F) other factors related to the national economic interest of
      the United States, including, but not limited to - 
          (i) the economic and social costs which would be incurred by
        taxpayers, communities, and workers if import relief were not
        provided under this part,
          (ii) the effect of the implementation of actions under this
        section on consumers and on competition in domestic markets for
        articles, and
          (iii) the impact on United States industries and firms as a
        result of international obligations regarding compensation;

        (G) the extent to which there is diversion of foreign exports
      to the United States market by reason of foreign restraints;
        (H) the potential for circumvention of any action taken under
      this section;
        (I) the national security interests of the United States; and
        (J) the factors required to be considered by the Commission
      under section 2252(e)(5) of this title.

      (3) The President may, for purposes of taking action under
    paragraph (1) - 
        (A) proclaim an increase in, or the imposition of, any duty on
      the imported article;
        (B) proclaim a tariff-rate quota on the article;
        (C) proclaim a modification or imposition of any quantitative
      restriction on the importation of the article into the United
      States;
        (D) implement one or more appropriate adjustment measures,
      including the provision of trade adjustment assistance under part
      2 of this subchapter;
        (E) negotiate, conclude, and carry out agreements with foreign
      countries limiting the export from foreign countries and the
      import into the United States of such article;
        (F) proclaim procedures necessary to allocate among importers
      by the auction of import licenses quantities of the article that
      are permitted to be imported into the United States;
        (G) initiate international negotiations to address the
      underlying cause of the increase in imports of the article or
      otherwise to alleviate the injury or threat thereof;
        (H) submit to Congress legislative proposals to facilitate the
      efforts of the domestic industry to make a positive adjustment to
      import competition;
        (I) take any other action which may be taken by the President
      under the authority of law and which the President considers
      appropriate and feasible for purposes of paragraph (1); and
        (J) take any combination of actions listed in subparagraphs (A)
      through (I).

      (4)(A) Subject to subparagraph (B), the President shall take
    action under paragraph (1) within 60 days (50 days if the President
    has proclaimed provisional relief under section 2252(d)(2)(D) of
    this title with respect to the article concerned) after receiving a
    report from the Commission containing an affirmative determination
    under section 2252(b)(1) of this title (or a determination under
    such section which he considers to be an affirmative determination
    by reason of section 1330(d) of this title).
      (B) If a supplemental report is requested under paragraph (5),
    the President shall take action under paragraph (1) within 30 days
    after the supplemental report is received, except that, in a case
    in which the President has proclaimed provisional relief under
    section 2252(d)(2)(D) of this title with respect to the article
    concerned, action by the President under paragraph (1) may not be
    taken later than the 200th day after the provisional relief was
    proclaimed.
      (5) The President may, within 15 days after the date on which he
    receives a report from the Commission containing an affirmative
    determination under section 2252(b)(1) of this title, request
    additional information from the Commission. The Commission shall,
    as soon as practicable but in no event more than 30 days after the
    date on which it receives the President's request, furnish
    additional information with respect to the industry in a
    supplemental report.
    (b) Reports to Congress
      (1) On the day the President takes action under subsection (a)(1)
    of this section, the President shall transmit to Congress a
    document describing the action and the reasons for taking the
    action. If the action taken by the President differs from the
    action required to be recommended by the Commission under section
    2252(e)(1) of this title, the President shall state in detail the
    reasons for the difference.
      (2) On the day on which the President decides that there is no
    appropriate and feasible action to take under subsection (a)(1) of
    this section with respect to a domestic industry, the President
    shall transmit to Congress a document that sets forth in detail the
    reasons for the decision.
      (3) On the day on which the President takes any action under
    subsection (a)(1) of this section that is not reported under
    paragraph (1), the President shall transmit to Congress a document
    setting forth the action being taken and the reasons therefor.
    (c) Implementation of action recommended by Commission
      If the President reports under subsection (b)(1) or (2) of this
    section that - 
        (1) the action taken under subsection (a)(1) of this section
      differs from the action recommended by the Commission under
      section 2252(e)(1) of this title; or
        (2) no action will be taken under subsection (a)(1) of this
      section with respect to the domestic industry;

    the action recommended by the Commission shall take effect (as
    provided in subsection (d)(2) of this section) upon the enactment
    of a joint resolution described in section 2192(a)(1)(A) of this
    title within the 90-day period beginning on the date on which the
    document referred to in subsection (b)(1) or (2) of this section is
    transmitted to the Congress.
    (d) Time for taking effect of certain relief
      (1) Except as provided in paragraph (2), any action described in
    subsection (a)(3)(A), (B), or (C) of this section, that is taken
    under subsection (a)(1) of this section shall take effect within 15
    days after the day on which the President proclaims the action,
    unless the President announces, on the date he decides to take such
    action, his intention to negotiate one or more agreements described
    in subsection (a)(3)(E) of this section in which case the action
    under subsection (a)(3)(A), (B), or (C) of this section shall be
    proclaimed and take effect within 90 days after the date of such
    decision.
      (2) If the contingency set forth in subsection (c) of this
    section occurs, the President shall, within 30 days after the date
    of the enactment of the joint resolution referred to in such
    subsection, proclaim the action recommended by the Commission under
    section 2252(e)(1) of this title.
    (e) Limitations on actions
      (1)(A) Subject to subparagraph (B), the duration of the period in
    which an action taken under this section may be in effect shall not
    exceed 4 years. Such period shall include the period, if any, in
    which provisional relief under section 2252(d) of this title was in
    effect.
      (B)(i) Subject to clause (ii), the President, after receiving an
    affirmative determination from the Commission under section 2254(c)
    of this title (or, if the Commission is equally divided in its
    determination, a determination which the President considers to be
    an affirmative determination of the Commission), may extend the
    effective period of any action under this section if the President
    determines that - 
        (I) the action continues to be necessary to prevent or remedy
      the serious injury; and
        (II) there is evidence that the domestic industry is making a
      positive adjustment to import competition.

      (ii) The effective period of any action under this section,
    including any extensions thereof, may not, in the aggregate, exceed
    8 years.
      (2) Action of a type described in subsection (a)(3)(A), (B), or
    (C) of this section may be taken under subsection (a)(1) of this
    section, under section 2252(d)(1)(G) of this title, or under
    section 2252(d)(2)(D) of this title only to the extent the
    cumulative impact of such action does not exceed the amount
    necessary to prevent or remedy the serious injury.
      (3) No action may be taken under this section which would
    increase a rate of duty to (or impose a rate) which is more than 50
    percent ad valorem above the rate (if any) existing at the time the
    action is taken.
      (4) Any action taken under this section proclaiming a
    quantitative restriction shall permit the importation of a quantity
    or value of the article which is not less than the average quantity
    or value of such article entered into the United States in the most
    recent 3 years that are representative of imports of such article
    and for which data are available, unless the President finds that
    the importation of a different quantity or value is clearly
    justified in order to prevent or remedy the serious injury.
      (5) An action described in subsection (a)(3)(A), (B), or (C) of
    this section that has an effective period of more than 1 year shall
    be phased down at regular intervals during the period in which the
    action is in effect.
      (6)(A) The suspension, pursuant to any action taken under this
    section, of - 
        (i) subheadings 9802.00.60 or 9802.00.80 of the Harmonized
      Tariff Schedule of the United States with respect to an article;
      and
        (ii) the designation of any article as an eligible article for
      purposes of subchapter V of this chapter;

    shall be treated as an increase in duty.
      (B) No proclamation providing for a suspension referred to in
    subparagraph (A) with respect to any article may be made by the
    President, nor may any such suspension be recommended by the
    Commission under section 2252(e) of this title, unless the
    Commission, in addition to making an affirmative determination
    under section 2252(b)(1) of this title, determines in the course of
    its investigation under section 2252(b) of this title that the
    serious injury, or threat thereof, substantially caused by imports
    to the domestic industry producing a like or directly competitive
    article results from, as the case may be - 
        (i) the application of subheading 9802.00.60 or subheading
      9802.00.80 of the Harmonized Tariff Schedule of the United
      States; or
        (ii) the designation of the article as an eligible article for
      the purposes of subchapter V of this chapter.

      (7)(A) If an article was the subject of an action under
    subparagraph (A), (B), (C), or (E) of subsection (a)(3) of this
    section, no new action may be taken under any of those
    subparagraphs with respect to such article for - 
        (i) a period beginning on the date on which the previous action
      terminates that is equal to the period in which the previous
      action was in effect, or
        (ii) a period of 2 years beginning on the date on which the
      previous action terminates,

    whichever is greater.
      (B) Notwithstanding subparagraph (A), if the previous action
    under subparagraph (A), (B), (C), or (E) of subsection (a)(3) of
    this section with respect to an article was in effect for a period
    of 180 days or less, the President may take a new action under any
    of those subparagraphs with respect to such article if - 
        (i) at least 1 year has elapsed since the previous action went
      into effect; and
        (ii) an action described in any of those subparagraphs has not
      been taken with respect to such article more than twice in the 5-
      year period immediately preceding the date on which the new
      action with respect to such article first becomes effective.
    (f) Certain agreements
      (1) If the President takes action under this section other than
    the implemention (!1) of agreements of the type described in
    subsection (a)(3)(E) of this section, the President may, after such
    action takes effect, negotiate agreements of the type described in
    subsection (a)(3)(E) of this section, and may, after such
    agreements take effect, suspend or terminate, in whole or in part,
    any action previously taken.

      (2) If an agreement implemented under subsection (a)(3)(E) of
    this section is not effective, the President may, consistent with
    the limitations contained in subsection (e) of this section, take
    additional action under subsection (a) of this section.
    (g) Regulations
      (1) The President shall by regulation provide for the efficient
    and fair administration of all actions taken for the purpose of
    providing import relief under this part.
      (2) In order to carry out an international agreement concluded
    under this part, the President may prescribe regulations governing
    the entry or withdrawal from warehouse of articles covered by such
    agreement. In addition, in order to carry out any agreement of the
    type described in subsection (a)(3)(E) of this section that is
    concluded under this part with one or more countries accounting for
    a major part of United States imports of the article covered by
    such agreement, including imports into a major geographic area of
    the United States, the President may issue regulations governing
    the entry or withdrawal from warehouse of like articles which are
    the product of countries not parties to such agreement.
      (3) Regulations prescribed under this subsection shall, to the
    extent practicable and consistent with efficient and fair
    administration, insure against inequitable sharing of imports by a
    relatively small number of the larger importers.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 203, Jan. 3, 1975, 88 Stat. 2015;
    Pub. L. 96-39, title XI, Sec. 1106(d), July 26, 1979, 93 Stat. 312;
    Pub. L. 98-573, title II, Sec. 248(a), Oct. 30, 1984, 98 Stat.
    2998; Pub. L. 100-418, title I, Secs. 1214(j)(2), 1401(a), Aug. 23,
    1988, 102 Stat. 1158, 1234; Pub. L. 100-647, title IX, Sec.
    9001(a)(2), Nov. 10, 1988, 102 Stat. 3806; Pub. L. 103-465, title
    III, Secs. 301(d)(3), 302(a)-(b)(4)(A), 303(7)-(10), Dec. 8, 1994,
    108 Stat. 4933-4937.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in subsec. (e)(6), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(2)(C). Pub. L. 103-465, Sec. 303(7),
    substituted "2252(a)" for "2251(b)".
      Subsec. (a)(3)(E). Pub. L. 103-465, Sec. 302(a)(1), struck out
    "orderly marketing" before "agreements".
      Subsec. (a)(4). Pub. L. 103-465, Sec. 301(d)(3), designated
    existing provisions as subpar. (A), substituted "Subject to
    subparagraph (B), the" for "The", inserted "(50 days if the
    President has proclaimed provisional relief under section
    2252(d)(2)(D) of this title with respect to the article concerned)"
    after "60 days", and substituted a period and subpar. (B) for ";
    except that if a supplemental report is requested under paragraph
    (5), the President shall take action under paragraph (1) within 30
    days after the supplemental report is received."
      Subsec. (c). Pub. L. 103-465, Sec. 303(8), substituted
    "subsection (d)(2)" for "subsection (c)(2)" in concluding
    provisions.
      Subsec. (d)(1). Pub. L. 103-465, Sec. 302(a)(2), substituted
    "agreements described in subsection (a)(3)(E) of this section" for
    "orderly marketing agreements".
      Subsec. (e)(1). Pub. L. 103-465, Sec. 302(b)(1), amended par. (1)
    generally. Prior to amendment, par. (1) read as follows:
      "(1)(A) The duration of the period in which action taken under
    this section may be in effect shall not exceed 8 years.
      "(B) If the initial effective period for action taken under this
    section is less than 8 years, the President may extend the
    effective period once, but the aggregate of the initial period and
    the extension may not exceed 8 years."
      Subsec. (e)(2). Pub. L. 103-465, Sec. 303(9), substituted "of a
    type described in subsection (a)(3)(A), (B), or (C) of this section
    may be taken under subsection (a)(1) of this section, under section
    2252(d)(1)(G) of this title, or under section 2252(d)(2)(D) of this
    title" for "may be taken under subsection (a)(1)(A), (B), or (C) of
    this section or under section 2252(d)(2)(B) of this title" and
    struck out "or threat thereof" after "the serious injury".
      Subsec. (e)(4), (5). Pub. L. 103-465, Sec. 302(b)(2), (3),
    amended pars. (4) and (5) generally. Prior to amendment, pars. (4)
    and (5) read as follows:
      "(4) Any action taken under this section proclaiming a
    quantitative restriction shall permit the importation of a quantity
    or value of the article which is not less than the quantity or
    value of such article imported into the United States during the
    most recent period that is representative of imports of such
    article.
      "(5) To the extent feasible, an effective period of more than 3
    years for an action described in subsection (a)(3)(A), (B), or (C)
    of this section shall be phased down during the period in which the
    action is taken, with the first reduction taking effect no later
    than the close of the day which is 3 years after the day on which
    such action first takes effect."
      Subsec. (e)(6)(B). Pub. L. 103-465, Sec. 303(10), substituted
    "section 2252(e) of this title" for "subsection (c) of this
    section" and "section 2252(b) of this title" for "subsection (a) of
    this section".
      Subsec. (e)(7). Pub. L. 103-465, Sec. 302(b)(4)(A), added par.
    (7).
      Subsec. (f). Pub. L. 103-465, Sec. 302(a)(3), in heading,
    substituted "Certain" for "Orderly marketing and other", in par.
    (1), substituted "implementation of agreements of the type
    described in subsection (a)(3)(E) of this section" for
    "implementation of orderly marketing agreements" and "negotiate
    agreements of the type described in subsection (a)(3)(E) of this
    section" for "negotiate orderly marketing agreements with foreign
    countries", and in par. (2), substituted "agreement implemented
    under subsection (a)(3)(E) of this section" for "orderly marketing
    agreement implemented under subsection (a) of this section".
      Subsec. (g)(2). Pub. L. 103-465, Sec. 302(a)(4), in first
    sentence, struck out "orderly marketing or other" before
    "international", and in second sentence, substituted "agreement of
    the type described in subsection (a)(3)(E) of this section that is"
    for "orderly marketing agreement" and "covered by such agreement"
    for "covered by such agreements".
      1988 - Pub. L. 100-418, Sec. 1401(a), in amending section
    generally, substituted provisions relating to action by President
    after determination of import injury for provisions relating to
    import relief.
      Subsec. (e)(6)(A)(i). Pub. L. 100-418, Sec. 1214(j)(2)(A), as
    amended by Pub. L. 100-647, Sec. 9001(a)(2)(B)(i), (ii),
    substituted "subheadings 9802.00.60 or 9802.00.80 of the Harmonized
    Tariff Schedule of the United States" for "item 806.30 or 807.00 of
    the Tariff Schedules of the United States".
      Subsec. (e)(6)(B). Pub. L. 100-647, Sec. 9001(a)(2)(A),
    substituted "(i) the application" for "(A) the application", and
    "(ii) the designation" for "(B) the designation".
      Subsec. (e)(6)(B)(i). Pub. L. 100-418, Sec. 1214(j)(2)(B), as
    amended by Pub. L. 100-647, Sec. 9001(a)(2)(B)(i), (iii),
    substituted "subheading 9802.00.60 or subheading 9802.00.80 of the
    Harmonized Tariff Schedule of the United States" for "item 806.30
    or item 807.00".
      1984 - Subsec. (c)(1). Pub. L. 98-573, Sec. 248(a)(1),
    substituted provision that the action recommended by the Commission
    shall take effect upon enactment of a joint resolution described in
    section 2192(a)(1)(A) of this title for provision that the action
    recommended by the Commission would take effect upon the adoption
    by both Houses of Congress, by an affirmative vote of a majority of
    the Members of each House present and voting under the procedures
    set forth in section 2192 of this title, of a concurrent resolution
    disapproving the action taken by the President or his determination
    not to provide import relief under section 2252(a)(1)(A) of this
    title.
      Subsec. (c)(2). Pub. L. 98-573, Sec. 248(a)(2), substituted
    "enactment of the joint resolution referred to in paragraph (1)"
    for "adoption of such resolution" and "section 2251(d)" for
    "section 2251(b)".
      1979 - Subsec. (a)(4). Pub. L. 96-39, Sec. 1106(d)(1),
    substituted "negotiate, conclude, and carry out" for "negotiate".
      Subsec. (b)(1). Pub. L. 96-39, Sec. 1106(d)(2)(A), (B),
    substituted "On the day the President determines under section 2252
    of this title to provide import relief, including announcement of
    his intention to negotiate an orderly marketing agreement" for "On
    the day on which the President proclaims import relief under this
    section or announces his intention to negotiate one or more orderly
    marketing agreements" and section "2251(d)(1)(A)" for
    "2251(b)(1)(A)" of this title.
      Subsec. (b)(3). Pub. L. 96-39, Sec. 1106(d)(2)(C), added par.
    (3).
      Subsec. (c)(1). Pub. L. 96-39, Sec. 1106(d)(3)(A), (B),
    substituted "section 2251(d)(1)(A)" for "section 2251(b)(1)(A)" of
    this title and inserted "under the procedures set forth in section
    2192 of this title" after "voting".
      Subsec. (e)(3). Pub. L. 96-39, Sec. 1106(d)(4), substituted
    "subsection (a) of this section" for "subsection (a)(1), (2), (3),
    or (5) of this section".
      Subsec. (g)(1). Pub. L. 96-39, Sec. 1106(d)(5)(A), (B), struck
    out "quantitative" before "restriction" and substituted "pursuant
    to this section" for "pursuant to subsection (a)(3) or (c) of this
    section".
      Subsec. (g)(2). Pub. L. 96-39, Sec. 1106(d)(6), inserted
    references to subsec. (e)(3) of this section.
      Subsec. (h)(3). Pub. L. 96-39, Sec. 1106(d)(7)(A), (B), inserted
    reference to subsec. (i)(3) of this section and substituted "one
    period of not more than 3 years" for "one 3-year period".
      Subsec. (h)(4). Pub. L. 96-39, Sec. 1106(d)(7)(A), inserted
    reference to subsec. (i)(3) of this section.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the date on which the
    WTO Agreement enters into force with respect to the United States
    [Jan. 1, 1995], see section 304(a) of Pub. L. 103-465, set out as a
    note under section 2252 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Amendment by Pub. L. 100-647 applicable as if such amendment took
    effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 58c of this title.
      Amendment by section 1214(j)(2) of Pub. L. 100-418 effective Jan.
    1, 1989, and applicable with respect to articles entered on or
    after such date, see section 1217(b)(1) of Pub. L. 100-418, set out
    as an Effective Date note under section 3001 of this title.
      Amendment by section 1401a of Pub. L. 100-418 effective Aug. 23,
    1988, and applicable with respect to investigations initiated under
    this part on or after that date, see section 1401(c) of Pub. L. 100-
    418, set out as a note under section 2251 of this title.

                     EFFECTIVE DATE OF 1984 AMENDMENT                 
      Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
    1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
    under section 1304 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.

                        STEEL IMPORT STABILIZATION                    
      Title VIII of Pub. L. 98-573, as amended by Pub. L. 100-418,
    title I, Sec. 1322, Aug. 23, 1988, 102 Stat. 1195; Pub. L. 101-221,
    Secs. 2, 3(a), 4-6(a), Dec. 12, 1989, 103 Stat. 1886-1889, known as
    the Steel Import Stabilization Act, endorsed principles and goals
    of steel trade liberalization program as announced by the President
    on July 25, 1989, and provided for its implementation, granted
    specific enforcement powers to President to carry out terms and
    conditions of bilateral arrangements entered into for purposes of
    implementing that program, made continuation of those powers
    subject to condition that steel industry continue to modernize its
    plant and equipment and provide for appropriate worker retraining,
    directed Secretary of Labor to prepare and submit to Congress plan
    of action for assisting workers in communities adversely affected
    by imports of steel products, and provided that section 805 which
    provided enforcement authority for President would terminate Mar.
    31, 1992.

                        LIMITATION ON MEAT IMPORTS                    
      Pub. L. 88-482, Sec. 2, Aug. 22, 1964, 78 Stat. 594, as amended
    by Pub. L. 96-177, Dec. 31, 1979, 93 Stat. 1291; Pub. L. 100-418,
    title I, Sec. 1214(u), Aug. 23, 1988, 102 Stat. 1162; Pub. L. 100-
    449, title III, Sec. 301(b), Sept. 28, 1988, 102 Stat. 1867; Pub.
    L. 103-182, title III, Sec. 321(a), Dec. 8, 1993, 107 Stat. 2108,
    provided that this section was to be cited as the "Meat Import Act
    of 1979", defined terms for purposes of this section, limited with
    exception the aggregate quantity of meat articles which could enter
    the country in any calendar year after 1979, provided for
    adjustment of aggregate quantity for calendar years after 1979,
    required Secretary of Agriculture to estimate and publish yearly
    aggregate quantity, authorized President to increase or limit by
    proclamation the total quantity of meat articles entering this
    country under certain circumstances, and provided for suspension of
    such proclamations after providing notice in Federal Register and
    opportunity to comment, prior to repeal by Pub. L. 103-465, title
    IV, Sec. 403, Dec. 8, 1994, 108 Stat. 4959, effective on the date
    of entry into force of the WTO Agreement with respect to the United
    States (Jan. 1, 1995).

-FOOTNOTE-
    (!1) So in original. Probably should be "implementation".


-End-



-CITE-
    19 USC Sec. 2254                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 1 - Positive Adjustment by Industries Injured by Imports

-HEAD-
    Sec. 2254. Monitoring, modification, and termination of action

-STATUTE-
    (a) Monitoring
      (1) So long as any action taken under section 2253 of this title
    remains in effect, the Commission shall monitor developments with
    respect to the domestic industry, including the progress and
    specific efforts made by workers and firms in the domestic industry
    to make a positive adjustment to import competition.
      (2) If the initial period during which the action taken under
    section 2253 of this title is in effect exceeds 3 years, or if an
    extension of such action exceeds 3 years, the Commission shall
    submit a report on the results of the monitoring under paragraph
    (1) to the President and to the Congress not later than the date
    that is the mid-point of the initial period, and of each such
    extension, during which the action is in effect.
      (3) In the course of preparing each report under paragraph (2),
    the Commission shall hold a hearing at which interested persons
    shall be given a reasonable opportunity to be present, to produce
    evidence, and to be heard.
      (4) Upon request of the President, the Commission shall advise
    the President of its judgment as to the probable economic effect on
    the industry concerned of any reduction, modification, or
    termination of the action taken under section 2253 of this title
    which is under consideration.
    (b) Reduction, modification, and termination of action
      (1) Action taken under section 2253 of this title may be reduced,
    modified, or terminated by the President (but not before the
    President receives the report required under subsection (a)(2)(A)
    of this section) if the President - 
        (A) after taking into account any report or advice submitted by
      the Commission under subsection (a) of this section and after
      seeking the advice of the Secretary of Commerce and the Secretary
      of Labor, determines, on the basis that either - 
          (i) the domestic industry has not made adequate efforts to
        make a positive adjustment to import competition, or
          (ii) the effectiveness of the action taken under section 2253
        of this title has been impaired by changed economic
        circumstances,

      that changed circumstances warrant such reduction, or
      termination; or
        (B) determines, after a majority of the representatives of the
      domestic industry submits to the President a petition requesting
      such reduction, modification, or termination on such basis, that
      the domestic industry has made a positive adjustment to import
      competition.

      (2) Notwithstanding paragraph (1), the President is authorized to
    take such additional action under section 2253 of this title as may
    be necessary to eliminate any circumvention of any action
    previously taken under such section.
      (3) Notwithstanding paragraph (1), the President may, after
    receipt of a Commission determination under section 3538(a)(4) of
    this title and consulting with the Committee on Ways and Means of
    the House of Representatives and the Committee on Finance of the
    Senate, reduce, modify, or terminate action taken under section
    2253 of this title.
    (c) Extension of action
      (1) Upon request of the President, or upon petition on behalf of
    the industry concerned filed with the Commission not earlier than
    the date which is 9 months, and not later than the date which is 6
    months, before the date any action taken under section 2253 of this
    title is to terminate, the Commission shall investigate to
    determine whether action under section 2253 of this title continues
    to be necessary to prevent or remedy serious injury and whether
    there is evidence that the industry is making a positive adjustment
    to import competition.
      (2) The Commission shall publish notice of the commencement of
    any proceeding under this subsection in the Federal Register and
    shall, within a reasonable time thereafter, hold a public hearing
    at which the Commission shall afford interested parties and
    consumers an opportunity to be present, to present evidence, and to
    respond to the presentations of other parties and consumers, and
    otherwise to be heard.
      (3) The Commission shall transmit to the President a report on
    its investigation and determination under this subsection not later
    than 60 days before the action under section 2253 of this title is
    to terminate, unless the President specifies a different date.
    (d) Evaluation of effectiveness of action
      (1) After any action taken under section 2253 of this title has
    terminated, the Commission shall evaluate the effectiveness of the
    actions in facilitating positive adjustment by the domestic
    industry to import competition, consistent with the reasons set out
    by the President in the report submitted to the Congress under
    section 2253(b) of this title.
      (2) During the course of the evaluation conducted under paragraph
    (1), the Commission shall, after reasonable public notice, hold a
    hearing on the effectiveness of the action. All interested persons
    shall have the opportunity to attend such hearing and to present
    evidence or testimony at such hearing.
      (3) A report on the evaluation made under paragraph (1) and the
    hearings held under paragraph (2) shall be submitted by the
    Commission to the President and to the Congress by no later than
    the 180th day after the day on which the actions taken under
    section 2253 of this title terminated.
    (e) Other provisions
      (1) Action by the President under this part may be taken without
    regard to the provisions of section 2136(a) of this title but only
    after consideration of the relation of such actions to the
    international obligations of the United States.
      (2) If the Commission treats as the domestic industry production
    located in a major geographic area of the United States under
    section 2252(c)(4)(C) of this title, then the President shall take
    into account the geographic concentration of domestic production
    and of imports in that area in taking any action authorized under
    paragraph (1).

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 204, as added Pub. L. 100-418,
    title I, Sec. 1401(a), Aug. 23, 1988, 102 Stat. 1238; amended Pub.
    L. 100-647, title IX, Sec. 9001(a)(8), Nov. 10, 1988, 102 Stat.
    3807; Pub. L. 103-465, title I, Sec. 129(a)(7), title III, Sec.
    302(c), (d), Dec. 8, 1994, 108 Stat. 4837, 4936.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(2). Pub. L. 103-465, Sec. 302(c)(1), amended
    par. (2) generally. Prior to amendment, par. (2) read as follows:
    "The Commission shall submit a report on the results of the
    monitoring under paragraph (1) to the President and to the Congress
    not later than - 
        "(A) the 2nd-anniversary of the day on which the action under
      section 2253 of this title first took effect; and
        "(B) the last day of each 2-year period occurring after the 2-
      year period referred to in subparagraph (A)."
      Subsec. (a)(4). Pub. L. 103-465, Sec. 302(c)(2), struck out
    "extension," before "reduction,".
      Subsec. (b)(3). Pub. L. 103-465, Sec. 129(a)(7), added par. (3).
      Subsecs. (c) to (e). Pub. L. 103-465, Sec. 302(d), added subsec.
    (c) and redesignated former subsecs. (c) and (d) as (d) and (e),
    respectivley.
      1988 - Subsecs. (c) to (e). Pub. L. 100-647 redesignated subsecs.
    (d) and (e) as (c) and (d), respectively.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by section 129(a)(7) of Pub. L. 103-465 effective on
    the date on which the WTO Agreement enters into force with respect
    to the United States [Jan. 1, 1995], see section 130 of Pub. L. 103-
    465, set out as an Effective Date note under section 3531 of this
    title.
      Amendment by section 302(c), (d) of Pub. L. 103-465 effective on
    the date on which the WTO Agreement enters into force with respect
    to the United States [Jan. 1, 1995], see section 304(a) of Pub. L.
    103-465, set out as a note under section 2252 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-647 applicable as if such amendment took
    effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 58c of this title.

                              EFFECTIVE DATE                          
      Section effective Aug. 23, 1988, and applicable with respect to
    investigations initiated under this part on or after that date, see
    section 1401(c) of Pub. L. 100-418, set out as an Effective Date of
    1988 Amendment note under section 2251 of this title.

-End-


-CITE-
    19 USC Part 2 - Adjustment Assistance for Workers           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers

-HEAD-
                PART 2 - ADJUSTMENT ASSISTANCE FOR WORKERS            


-MISC1-
                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Pub. L. 107-210, div. A, title I, Sec. 151, Aug. 6, 2002, 116
    Stat. 953, as amended by Pub. L. 108-429, title II, Sec.
    2004(a)(21), Dec. 3, 2004, 118 Stat. 2591, provided that:
      "(a) In General. - Except as otherwise provided in sections
    123(c) [set out as a note under section 2331 of this title], 141(b)
    [set out as a note under section 2401 of this title], 201(d) [set
    out as a note under section 35 of Title 26, Internal Revenue Code],
    and 202(e) [set out as a note under section 6050T of Title 26], and
    subsections (b), (c), and (d) of this section, the amendments made
    by this division [enacting sections 1431a, 1583, 2318, and 2401 to
    2401g of this title, sections 35, 6050T, and 7527 of Title 26, and
    section 300gg-45 of Title 42, The Public Health and Welfare,
    amending sections 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075,
    2171, 2271 to 2273, 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and
    2395 of this title, sections 4980B, 6103, 6724, and 7213A of Title
    26, sections 1165, 2862, 2918, and 2919 of Title 29, Labor, section
    1324 of Title 31, Money and Finance, and section 300bb-5 of Title
    42, renumbering section 35 of Title 26 as section 36 of Title 26,
    repealing sections 2318, 2322, and 2331 of this title, enacting
    provisions set out as notes under sections 58c, 482, 1583, 1625,
    1654, 2071, 2075, 2082, 2101, 2251, 2271, 2331, and 2401 of this
    title, sections 35 and 6050T of Title 26, and section 2918 of Title
    29, and amending provisions set out as a note below] shall apply to
    petitions for certification filed under chapter 2 or 3 of title II
    of the Trade Act of 1974 [this part and part 3 of this subchapter]
    on or after the date that is 90 days after the date of enactment of
    this Act [Aug. 6, 2002].
      "(b) Workers Certified as Eligible Before Effective Date. -
    Notwithstanding subsection (a), a worker shall continue to receive
    (or be eligible to receive) trade adjustment assistance and other
    benefits under chapter 2 of title II of the Trade Act of 1974 [this
    part], as in effect on September 30, 2001, for any week for which
    the worker meets the eligibility requirements of such chapter 2 as
    in effect on such date, if on or before such date, the worker - 
        "(1) was certified as eligible for trade adjustment assistance
      benefits under such chapter as in effect on such date; and
        "(2) would otherwise be eligible to receive trade adjustment
      assistance benefits under such chapter as in effect on such date.
      "(c) Workers Who Became Eligible During Qualified Period. - 
        "(1) In general. - Notwithstanding subsection (a) or any other
      provision of law, including section 285 of the Trade Act of 1974
      [Pub. L. 93-618, set out as a Termination Date note below], any
      worker who would have been eligible to receive trade adjustment
      assistance or other benefits under chapter 2 of title II of the
      Trade Act of 1974 [this part] during the qualified period if such
      chapter 2 had been in effect during such period, shall be
      eligible to receive trade adjustment assistance and other
      benefits under chapter 2 of title II of the Trade Act of 1974, as
      in effect on September 30, 2001, for any week during the
      qualified period for which the worker meets the eligibility
      requirements of such chapter 2 as in effect on September 30,
      2001.
        "(2) Qualified period. - For purposes of this subsection, the
      term 'qualified period' means the period beginning on January 11,
      2002, and ending on the date that is 90 days after the date of
      enactment of this Act [Aug. 6, 2002].
      "(d) Adjustment Assistance for Firms. - 
        "(1) In general. - Notwithstanding subsection (a) or any other
      provision of law, including section 285 of the Trade Act of 1974
      [set out as a Termination Date note below], and except as
      provided in paragraph (2), any firm that would have been eligible
      to receive adjustment assistance under chapter 3 of title II of
      the Trade Act if 1974 [part 3 of this subchapter] during the
      qualified period if such chapter 3 had been in effect during such
      period, shall be eligible to receive adjustment assistance under
      chapter 3 of title II of the Trade Act of 1974, as in effect on
      September 30, 2001, for any week during the qualified period for
      which the firm meets the eligibility requirements of such chapter
      3 as in effect on September 30, 2001.
        "(2) Qualified period. - For purposes of this subsection, the
      term 'qualified period' means the period beginning on October 1,
      2001, and ending on the date that is 90 days after the date of
      enactment of this Act [Aug. 6, 2002]."

                             TERMINATION DATE                         
      Section 285, formerly section 284, of Pub. L. 93-618, title II,
    Jan. 3, 1975, 88 Stat. 2041; renumbered Sec. 285, Pub. L. 96-417,
    title VI, Sec. 613(a), Oct. 10, 1980, 94 Stat. 1746; and amended
    Pub. L. 97-35, title XXV, Sec. 2512, Aug. 13, 1981, 95 Stat. 888;
    Pub. L. 98-120, Sec. 2(b), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-
    107, Sec. 3, Sept. 30, 1985, 99 Stat. 479; Pub. L. 99-155, Sec.
    2(b), Nov. 14, 1985, 99 Stat. 814; Pub. L. 99-181, Sec. 2, Dec. 13,
    1985, 99 Stat. 1172; Pub. L. 99-189, Sec. 2, Dec. 18, 1985, 99
    Stat. 1184; Pub. L. 99-272, title XIII, Sec. 13007(a), Apr. 7,
    1986, 100 Stat. 304; Pub. L. 100-418, title I, Sec. 1426(a), Aug.
    23, 1988, 102 Stat. 1251; Pub. L. 103-66, title XIII, Sec.
    13803(a)(1), Aug. 10, 1993, 107 Stat. 668; Pub. L. 103-182, title
    V, Sec. 505, Dec. 8, 1993, 107 Stat. 2152; Pub. L. 105-277, div. J,
    title I, Sec. 1012(d), Oct. 21, 1998, 112 Stat. 2681-901; Pub. L.
    106-113, div. B, Sec. 1000(a)(5) [title VII, Sec. 702(d)], Nov. 29,
    1999, 113 Stat. 1536, 1501A-319; Pub. L. 107-210, div. A, title I,
    Sec. 111(c), Aug. 6, 2002, 116 Stat. 936, provided that:
      "(a) Assistance for Workers. - 
        "(1) In general. - Except as provided in paragraph (2), trade
      adjustment assistance, vouchers, allowances, and other payments
      or benefits may not be provided under chapter 2 [this part] after
      September 30, 2007.
        "(2) Exception. - Notwithstanding paragraph (1), a worker shall
      continue to receive trade adjustment assistance benefits and
      other benefits under chapter 2 for any week for which the worker
      meets the eligibility requirements of that chapter, if on or
      before September 30, 2007, the worker is - 
          "(A) certified as eligible for trade adjustment assistance
        benefits under chapter 2 of this title [this part]; and
          "(B) otherwise eligible to receive trade adjustment
        assistance benefits under chapter 2.
      "(b) Other Assistance. - 
        "(1) Assistance for firms. - Technical assistance may not be
      provided under chapter 3 [part 3 of this subchapter] after
      September 30, 2007.
        "(2) Assistance for farmers. - 
          "(A) In general. - Except as provided in subparagraph (B),
        adjustment assistance, vouchers, allowances, and other payments
        or benefits may not be provided under chapter 6 [part 6 of this
        subchapter] after September 30, 2007.
          "(B) Exception. - Notwithstanding subparagraph (A), an
        agricultural commodity producer (as defined in section 291(2)
        [19 U.S.C. 2401(2)]) shall continue to receive adjustment
        assistance benefits and other benefits under chapter 6, for any
        week for which the agricultural commodity producer meets the
        eligibility requirements of chapter 6, if on or before
        September 30, 2007, the agricultural commodity producer is - 
            "(i) certified as eligible for adjustment assistance
          benefits under chapter 6; and
            "(ii) is otherwise eligible to receive adjustment
          assistance benefits under such chapter 6."
      [Amendment by Pub. L. 106-113 to section 285 of Pub. L. 93-618,
    set out above, effective as of July 1, 1999, see section 1000(a)(5)
    [title VII, Sec. 702(e)] of Pub. L. 106-113, set out as an
    Effective Date of 1999 Amendment note under section 2317 of this
    title.]
      [Amendment by Pub. L. 103-182 to section 285 of Pub. L. 93-618,
    set out above, effective on the date the North American Free Trade
    Agreement enters into force with respect to the United States [Jan.
    1, 1994], see section 506(a) of Pub. L. 103-182, set out as an
    Effective Date of 1993 Amendment note under section 2271 of this
    title.]
      [Parts 2 and 3 of this subchapter applicable as if amendments by
    sections 13007 and 13008 of Pub. L. 99-272, amending section 285 of
    Pub. L. 93-618, set out above, and sections 2317 and 2346 of this
    title, had taken effect Dec. 18, 1985, see section 13009(c) of Pub.
    L. 99-272, set out as an Effective Date of 1986 Amendment note
    under section 2291 of this title.]

-End-


-CITE-
    19 USC subpart a - petitions and determinations             01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart a - petitions and determinations

-HEAD-
                 SUBPART A - PETITIONS AND DETERMINATIONS             

-End-



-CITE-
    19 USC Sec. 2271                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart a - petitions and determinations

-HEAD-
    Sec. 2271. Petitions

-STATUTE-
    (a) Filing of petitions; assistance; publication of notice
      (1) A petition for certification of eligibility to apply for
    adjustment assistance for a group of workers under this part may be
    filed simultaneously with the Secretary and with the Governor of
    the State in which such workers' firm or subdivision is located by
    any of the following:
        (A) The group of workers (including workers in an agricultural
      firm or subdivision of any agricultural firm).
        (B) The certified or recognized union or other duly authorized
      representative of such workers.
        (C) Employers of such workers, one-stop operators or one-stop
      partners (as defined in section 101 of the Workforce Investment
      Act of 1998 (29 U.S.C. 2801)), including State employment
      security agencies, or the State dislocated worker unit
      established under title I of such Act [29 U.S.C. 2801 et seq.],
      on behalf of such workers.

      (2) Upon receipt of a petition filed under paragraph (1), the
    Governor shall - 
        (A) ensure that rapid response assistance and appropriate core
      and intensive services (as described in section 134 of the
      Workforce Investment Act of 1998 (29 U.S.C. 2864)) authorized
      under other Federal laws are made available to the workers
      covered by the petition to the extent authorized under such laws;
      and
        (B) assist the Secretary in the review of the petition by
      verifying such information and providing such other assistance as
      the Secretary may request.

      (3) Upon receipt of the petition, the Secretary shall promptly
    publish notice in the Federal Register that the Secretary has
    received the petition and initiated an investigation.
    (b) Hearing
      If the petitioner, or any other person found by the Secretary to
    have a substantial interest in the proceedings, submits not later
    than 10 days after the date of the Secretary's publication under
    subsection (a) of this section a request for a hearing, the
    Secretary shall provide for a public hearing and afford such
    interested persons an opportunity to be present, to produce
    evidence, and to be heard.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 221, Jan. 3, 1975, 88 Stat. 2019;
    Pub. L. 99-272, title XIII, Sec. 13002(a), Apr. 7, 1986, 100 Stat.
    300; Pub. L. 103-182, title V, Sec. 503(a), Dec. 8, 1993, 107 Stat.
    2151; Pub. L. 107-210, div. A, title I, Sec. 112(a), Aug. 6, 2002,
    116 Stat. 937; Pub. L. 108-429, title II, Sec. 2004(a)(4), Dec. 3,
    2004, 118 Stat. 2590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Workforce Investment Act of 1998, referred to in subsec.
    (a)(1)(C), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(2)(A). Pub. L. 108-429 substituted "assistance
    and appropriate" for "assistance, and appropriate".
      2002 - Subsec. (a). Pub. L. 107-210 amended subsec. (a)
    generally. Prior to amendment, subsec. (a) read as follows: "A
    petition for a certification of eligibility to apply for adjustment
    assistance under this subpart may be filed with the Secretary of
    Labor (hereinafter in this part referred to as the 'Secretary') by
    a group of workers (including workers in any agricultural firm or
    subdivision of an agricultural firm) or by their certified or
    recognized union or other duly authorized representative. Upon
    receipt of the petition, the Secretary shall promptly publish
    notice in the Federal Register that he has received the petition
    and initiated an investigation."
      1993 - Subsec. (a). Pub. L. 103-182 substituted "assistance under
    this subpart" for "assistance under this part".
      1986 - Subsec. (a). Pub. L. 99-272 inserted "(including workers
    in any agricultural firm or subdivision of an agricultural firm)"
    after "group of workers".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding this section.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Pub. L. 103-182, title V, Sec. 506, Dec. 8, 1993, 107 Stat. 2152,
    provided that:
      "(a) In General. - The amendments made by sections 501, 502, 503,
    504, and 505 [enacting sections 2322 and 2331 of this title and
    amending this section, sections 2272, 2273, 2275, 2317, and 2395 of
    this title, and provisions set out as a note preceding this
    section] shall take effect on the date the Agreement [North
    American Free Trade Agreement] enters into force with respect to
    the United States [Jan. 1, 1994].
      "(b) Covered Workers. - 
        "(1) General rule. - Except as provided in paragraph (2), no
      worker shall be certified as eligible to receive assistance under
      subchapter D of chapter 2 of title II of the Trade Act of 1974
      [former 19 U.S.C. 2331 et seq.] (as added by this subtitle) whose
      last total or partial separation from a firm (or appropriate
      subdivision of a firm) occurred before such date of entry into
      force.
        "(2) Reachback. - Notwithstanding paragraph (1), any worker - 
          "(A) whose last total or partial separation from a firm (or
        appropriate subdivision of a firm) occurs - 
            "(i) after the date of the enactment of this Act [Dec. 8,
          1993], and
            "(ii) before such date of entry into force, and
          "(B) who would otherwise be eligible to receive assistance
        under subchapter D of chapter 2 of title II of the Trade Act of
        1974,
      shall be eligible to receive such assistance in the same manner
      as if such separation occurred on or after such date of entry
      into force."

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding this section.

                 DECLARATION OF POLICY; SENSE OF CONGRESS             
      Pub. L. 107-210, div. A, title I, Sec. 125, Aug. 6, 2002, 116
    Stat. 946, provided that:
      "(a) Declaration of Policy. - Congress reiterates that, under the
    trade adjustment assistance program under chapter 2 of title II of
    the Trade Act of 1974 [this part], workers are eligible for
    transportation, childcare, and healthcare assistance, as well as
    other related assistance under programs administered by the
    Department of Labor.
      "(b) Sense of Congress. - It is the sense of Congress that the
    Secretary of Labor, working independently and in conjunction with
    the States, should, in accordance with section 225 of the Trade Act
    of 1974 [19 U.S.C. 2275], provide more specific information about
    benefit allowances, training, and other employment services, and
    the petition and application procedures (including appropriate
    filing dates) for such allowances, training, and services, under
    the trade adjustment assistance program under chapter 2 of title II
    of the Trade Act of 1974 to workers who are applying for, or are
    certified to receive, assistance under that program, including
    information on all other Federal assistance available to such
    workers."

-End-



-CITE-
    19 USC Sec. 2272                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart a - petitions and determinations

-HEAD-
    Sec. 2272. Group eligibility requirements; agricultural workers;
      oil and natural gas industry

-STATUTE-
    (a) In general
      A group of workers (including workers in any agricultural firm or
    subdivision of an agricultural firm) shall be certified by the
    Secretary as eligible to apply for adjustment assistance under this
    part pursuant to a petition filed under section 2271 of this title
    if the Secretary determines that - 
        (1) a significant number or proportion of the workers in such
      workers' firm, or an appropriate subdivision of the firm, have
      become totally or partially separated, or are threatened to
      become totally or partially separated; and
        (2)(A)(i) the sales or production, or both, of such firm or
      subdivision have decreased absolutely;
        (ii) imports of articles like or directly competitive with
      articles produced by such firm or subdivision have increased; and
        (iii) the increase in imports described in clause (ii)
      contributed importantly to such workers' separation or threat of
      separation and to the decline in the sales or production of such
      firm or subdivision; or
        (B)(i) there has been a shift in production by such workers'
      firm or subdivision to a foreign country of articles like or
      directly competitive with articles which are produced by such
      firm or subdivision; and
        (ii)(I) the country to which the workers' firm has shifted
      production of the articles is a party to a free trade agreement
      with the United States;
        (II) the country to which the workers' firm has shifted
      production of the articles is a beneficiary country under the
      Andean Trade Preference Act [19 U.S.C. 3201 et seq.], African
      Growth and Opportunity Act [19 U.S.C. 3701 et seq.], or the
      Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.];
      or
        (III) there has been or is likely to be an increase in imports
      of articles that are like or directly competitive with articles
      which are or were produced by such firm or subdivision.
    (b) Adversely affected secondary workers
      A group of workers (including workers in any agricultural firm or
    subdivision of an agricultural firm) shall be certified by the
    Secretary as eligible to apply for trade adjustment assistance
    benefits under this part pursuant to a petition filed under section
    2271 of this title if the Secretary determines that - 
        (1) a significant number or proportion of the workers in the
      workers' firm or an appropriate subdivision of the firm have
      become totally or partially separated, or are threatened to
      become totally or partially separated;
        (2) the workers' firm (or subdivision) is a supplier or
      downstream producer to a firm (or subdivision) that employed a
      group of workers who received a certification of eligibility
      under subsection (a) of this section, and such supply or
      production is related to the article that was the basis for such
      certification (as defined in subsection (c)(3) and (4) of this
      section); and
        (3) either - 
          (A) the workers' firm is a supplier and the component parts
        it supplied to the firm (or subdivision) described in paragraph
        (2) accounted for at least 20 percent of the production or
        sales of the workers' firm; or
          (B) a loss of business by the workers' firm with the firm (or
        subdivision) described in paragraph (2) contributed importantly
        to the workers' separation or threat of separation determined
        under paragraph (1).
    (c) Definitions
      For purposes of this section - 
        (1) The term "contributed importantly" means a cause which is
      important but not necessarily more important than any other
      cause.
        (2)(A) Any firm, or appropriate subdivision of a firm, that
      engages in exploration or drilling for oil or natural gas shall
      be considered to be a firm producing oil or natural gas.
        (B) Any firm, or appropriate subdivision of a firm, that
      engages in exploration or drilling for oil or natural gas, or
      otherwise produces oil or natural gas, shall be considered to be
      producing articles directly competitive with imports of oil and
      with imports of natural gas.
        (3) Downstream producer. - The term "downstream producer" means
      a firm that performs additional, value-added production processes
      for a firm or subdivision, including a firm that performs final
      assembly or finishing, directly for another firm (or
      subdivision), for articles that were the basis for a
      certification of eligibility under subsection (a) of this section
      of a group of workers employed by such other firm, if the
      certification of eligibility under subsection (a) of this section
      is based on an increase in imports from, or a shift in production
      to, Canada or Mexico.
        (4) Supplier. - The term "supplier" means a firm that produces
      and supplies directly to another firm (or subdivision) component
      parts for articles that were the basis for a certification of
      eligibility under subsection (a) of this section of a group of
      workers employed by such other firm.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 222, Jan. 3, 1975, 88 Stat. 2019;
    Pub. L. 97-35, title XXV, Sec. 2501, Aug. 13, 1981, 95 Stat. 881;
    Pub. L. 98-120, Sec. 3(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-
    272, title XIII, Sec. 13002(a), Apr. 7, 1986, 100 Stat. 300; Pub.
    L. 100-418, title I, Sec. 1421(a)(1)(A), (b)(1), Aug. 23, 1988, 102
    Stat. 1242, 1243; Pub. L. 103-182, title V, Sec. 503(a), Dec. 8,
    1993, 107 Stat. 2151; Pub. L. 107-210, div. A, title I, Sec. 113,
    Aug. 6, 2002, 116 Stat. 937; Pub. L. 108-429, title II, Sec.
    2004(a)(5), Dec. 3, 2004, 118 Stat. 2590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Andean Trade Preference Act, referred to in subsec.
    (a)(2)(B)(ii)(II), is title II of Pub. L. 102-182, Dec. 4, 1991,
    105 Stat. 1236, as amended, which is classified generally to
    chapter 20 (Sec. 3201 et seq.) of this title. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3201 of this title and Tables.
      The African Growth and Opportunity Act, referred to in subsec.
    (a)(2)(B)(ii)(II), is title I of Pub. L. 106-200, May 18, 2000, 114
    Stat. 252, as amended, which is classified principally to chapter
    23 (Sec. 3701 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    3701 of this title and Tables.
      The Caribbean Basin Economic Recovery Act, referred to in subsec.
    (a)(2)(B)(ii)(II), is title II of Pub. L. 98-67, Aug. 5, 1983, 97
    Stat. 384, as amended, which is classified principally to chapter
    15 (Sec. 2701 et seq.) of this title. For complete classification
    of this Act to the Code, see Short Title note set out under section
    2701 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-429 made technical amendment to
    heading and inserted "pursuant to a petition filed under section
    2271 of this title" after "under this part" in introductory
    provisions.
      2002 - Subsec. (a). Pub. L. 107-210, Sec. 113(a)(1)(A), inserted
    heading and amended text generally. Prior to amendment, text read
    as follows: "The Secretary shall certify a group of workers
    (including workers in any agricultural firm or subdivision of an
    agricultural firm) as eligible to apply for adjustment assistance
    under this subpart if he determines - 
        "(1) that a significant number or proportion of the workers in
      such workers' firm or an appropriate subdivision of the firm have
      become totally or partially separated, or are threatened to
      become totally or partially separated,
        "(2) that sales or production, or both, of such firm or
      subdivision have decreased absolutely, and
        "(3) that increases of imports of articles like or directly
      competitive with articles produced by such workers' firm or an
      appropriate subdivision thereof contributed importantly to such
      total or partial separation, or threat thereof, and to such
      decline in sales or production."
      Subsec. (b). Pub. L. 107-210, Sec. 113(a)(1)(C), added subsec.
    (b). Former subsec. (b) redesignated (c).
      Subsec. (c). Pub. L. 107-210, Sec. 113(b)(1), substituted "this
    section" for "subsection (a)(3) of this section" in introductory
    provisions.
      Pub. L. 107-210, Sec. 113(a)(1)(B), redesignated subsec. (b) as
    (c).
      Subsec. (c)(3), (4). Pub. L. 107-210, Sec. 113(b)(2), added pars.
    (3) and (4).
      1993 - Subsec. (a). Pub. L. 103-182 substituted "assistance under
    this subpart" for "assistance under this part".
      1988 - Pub. L. 100-418, Sec. 1421(a)(1)(A), struck out last
    sentence which defined "contributed importantly" for purposes of
    par. (3), designated remaining provisions as subsec. (a), and added
    subsec. (b).
      Subsec. (a)(3). Pub. L. 100-418, Sec. 1421(b)(1), directed the
    general amendment of par. (3) adding provisions relating to
    provision of essential goods or services by such workers' firm, or
    appropriate subdivision thereof, which amendment did not become
    effective pursuant to section 1430(d) of Pub. L. 100-418, as
    amended, set out as an Effective Date note under section 2397 of
    this title.
      1986 - Pub. L. 99-272 inserted "(including workers in any
    agricultural firm or subdivision of an agricultural firm)" after
    "group of workers".
      1983 - Pub. L. 98-120, Sec. 3(a)(2), substituted "For purposes of
    paragraph (3), the term 'contributed importantly' means a cause
    which is important, but not necessarily more important than any
    other cause" for "For purposes of paragraph (3), the term
    'substantial cause' means a cause which is important and not less
    than any other cause" in provision following par. (3).
      Par. (3). Pub. L. 98-120, Sec. 3(a)(1), substituted "contributed
    importantly to such total or partial separation, or threat thereof,
    and to such decline" for "were a substantial cause of such total or
    partial separation, or threat thereof, and of such decline".
      1981 - Pub. L. 97-35 substituted provisions defining "substantial
    cause" and applicability of such term in par. (3) for provisions
    defining "contributed importantly" and applicability of such term
    in par. (3).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103-
    182, set out as a note under section 2271 of this title.

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 3(b) of Pub. L. 98-120 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply with
    respect to petitions for certification filed under section 221 of
    the Trade Act of 1974 [19 U.S.C. 2271] on or after October 1,
    1983."

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 applicable to petitions filed on or
    after Oct. 1, 1983, with transition provisions applicable, see
    section 2514 of Pub. L. 97-35, set out as a note under section 2291
    of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

        WORKERS COVERED BY CERTIFICATION NOTWITHSTANDING OTHER LAW    
      Section 1421(a)(1)(B) of Pub. L. 100-418 provided that:
    "Notwithstanding section 223(b) of the Trade Act of 1974 [19 U.S.C.
    2273(b)], or any other provision of law, any certification made
    under subchapter A of chapter 2 of title II of such Act [this
    subpart] which - 
        "(i) is made with respect to a petition filed before the date
      that is 90 days after the date of enactment of this Act [Aug. 23,
      1988], and
        "(ii) would not have been made if the amendments made by
      subparagraph (A) [amending this section] had not been enacted
      into law,
    shall apply to any worker whose most recent total or partial
    separation from the firm, or appropriate subdivision of the firm,
    described in section 222(a) of such Act [19 U.S.C. 2272(a)] occurs
    after September 30, 1985."

-End-



-CITE-
    19 USC Sec. 2273                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart a - petitions and determinations

-HEAD-
    Sec. 2273. Determinations by Secretary of Labor

-STATUTE-
    (a) Certification of eligibility
      As soon as possible after the date on which a petition is filed
    under section 2271 of this title, but in any event not later than
    40 days after that date, the Secretary shall determine whether the
    petitioning group meets the requirements of section 2272 of this
    title and shall issue a certification of eligibility to apply for
    assistance under this subpart covering workers in any group which
    meets such requirements. Each certification shall specify the date
    on which the total or partial separation began or threatened to
    begin.
    (b) Workers covered by certification
      A certification under this section shall not apply to any worker
    whose last total or partial separation from the firm or appropriate
    subdivision of the firm before his application under section 2291
    of this title occurred - 
        (1) more than one year before the date of the petition on which
      such certification was granted, or
        (2) more than 6 months before the effective date of this part.
    (c) Publication of determination in Federal Register
      Upon reaching his determination on a petition, the Secretary
    shall promptly publish a summary of the determination in the
    Federal Register together with his reasons for making such
    determination.
    (d) Termination of certification
      Whenever the Secretary determines, with respect to any
    certification of eligibility of the workers of a firm or
    subdivision of the firm, that total or partial separations from
    such firm or subdivision are no longer attributable to the
    conditions specified in section 2272 of this title, he shall
    terminate such certification and promptly have notice of such
    termination published in the Federal Register together with his
    reasons for making such determination. Such termination shall apply
    only with respect to total or partial separations occurring after
    the termination date specified by the Secretary.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 223, Jan. 3, 1975, 88 Stat. 2019;
    Pub. L. 103-182, title V, Sec. 503(a), Dec. 8, 1993, 107 Stat.
    2151; Pub. L. 107-210, div. A, title I, Sec. 112(b), Aug. 6, 2002,
    116 Stat. 937.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      For the effective date of this part, referred to in subsec.
    (b)(2), see Effective and Termination Date note set out preceding
    section 2271 of this title.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a). Pub. L. 107-210 substituted "40 days" for "60
    days".
      1993 - Subsec. (a). Pub. L. 103-182 substituted "assistance under
    this subpart" for "assistance under this part".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103-
    182, set out as a note under section 2271 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2274                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart a - petitions and determinations

-HEAD-
    Sec. 2274. Study by Secretary of Labor when International Trade
      Commission begins investigation

-STATUTE-
    (a) Subject matter of study
      Whenever the International Trade Commission (hereafter referred
    to in this part as the "Commission") begins an investigation under
    section 2252 of this title with respect to an industry, the
    Commission shall immediately notify the Secretary of such
    investigation, and the Secretary shall immediately begin a study of
    - 
        (1) the number of workers in the domestic industry producing
      the like or directly competitive article who have been or are
      likely to be certified as eligible for adjustment assistance, and
        (2) the extent to which the adjustment of such workers to the
      import competition may be facilitated through the use of existing
      programs.
    (b) Report; publication
      The report of the Secretary of the study under subsection (a) of
    this section shall be made to the President not later than 15 days
    after the day on which the Commission makes its report under
    section 2252(f) of this title. Upon making his report to the
    President, the Secretary shall also promptly make it public (with
    the exception of information which the Secretary determines to be
    confidential) and shall have a summary of it published in the
    Federal Register.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 224, Jan. 3, 1975, 88 Stat. 2020;
    Pub. L. 97-35, title XXV, Sec. 2513(a), Aug. 13, 1981, 95 Stat.
    889; Pub. L. 100-418, title I, Sec. 1401(b)(1)(B), Aug. 23, 1988,
    102 Stat. 1239.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-418 substituted "section 2252"
    for "section 2251".
      Subsec. (b). Pub. L. 100-418 substituted "section 2252(f)" for
    "section 2251".
      1981 - Subsec. (c). Pub. L. 97-35 struck out subsec. (c) which
    related to availability of information to workers.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and
    applicable with respect to investigations initiated under part 1
    (Sec. 2251 et seq.) of this subchapter on or after that date, see
    section 1401(c) of Pub. L. 100-418, set out as a note under section
    2251 of this title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, with
    transition provisions applicable, see section 2514 of Pub. L. 97-
    35, set out as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2275                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart a - petitions and determinations

-HEAD-
    Sec. 2275. Benefit information for workers

-STATUTE-
      (a) The Secretary shall provide full information to workers about
    the benefit allowances, training, and other employment services
    available under this part and about the petition and application
    procedures, and the appropriate filing dates, for such allowances,
    training and services. The Secretary shall provide whatever
    assistance is necessary to enable groups of workers to prepare
    petitions or applications for program benefits. The Secretary shall
    make every effort to insure that cooperating State agencies fully
    comply with the agreements entered into under section 2311(a) of
    this title and shall periodically review such compliance. The
    Secretary shall inform the State Board for Vocational Education or
    equivalent agency and other public or private agencies,
    institutions, and employers, as appropriate, of each certification
    issued under section 2273 of this title and of projections, if
    available, of the needs for training under section 2296 of this
    title as a result of such certification.
      (b)(1) The Secretary shall provide written notice through the
    mail of the benefits available under this part to each worker whom
    the Secretary has reason to believe is covered by a certification
    made under this subpart - 
        (A) at the time such certification is made, if the worker was
      partially or totally separated from the adversely affected
      employment before such certification, or
        (B) at the time of the total or partial separation of the
      worker from the adversely affected employment, if subparagraph
      (A) does not apply.

      (2) The Secretary shall publish notice of the benefits available
    under this part to workers covered by each certification made under
    this subpart in newspapers of general circulation in the areas in
    which such workers reside.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 225, as added Pub. L. 97-35, title
    XXV, Sec. 2502, Aug. 13, 1981, 95 Stat. 881; amended Pub. L. 100-
    418, title I, Sec. 1422, Aug. 23, 1988, 102 Stat. 1244; Pub. L.
    103-182, title V, Sec. 503(b), Dec. 8, 1993, 107 Stat. 2151; Pub.
    L. 107-210, div. A, title I, Sec. 123(b)(1), Aug. 6, 2002, 116
    Stat. 944.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (b). Pub. L. 107-210 struck out "or subpart D of
    this part" after "this subpart" in pars. (1) and (2).
      1993 - Subsec. (b). Pub. L. 103-182 inserted reference to subpart
    D in pars. (1) and (2).
      1988 - Pub. L. 100-418 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable with respect to petitions
    filed under this part on or after the date that is 90 days after
    Aug. 6, 2002, except with respect to certain workers, see section
    123(c) of Pub. L. 107-210, set out as an Effective Date of Repeal
    note under section 2331 of this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103-
    182, set out as a note under section 2271 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective on date that is 30 days
    after Aug. 23, 1988, see section 1430(e) of Pub. L. 100-418, set
    out as an Effective Date note under section 2397 of this title.

                 EFFECTIVE DATE AND TRANSITION PROVISIONS             
      Section effective Aug. 13, 1981, with transition provisions
    applicable, see section 2514 of Pub. L. 97-35, set out as an
    Effective Date of 1981 Amendment note under section 2291 of this
    title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-


-CITE-
    19 USC subpart b - program benefits                         01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart b - program benefits

-HEAD-
                       SUBPART B - PROGRAM BENEFITS                   

-End-


-CITE-
    19 USC Division I - Trade Readjustment Allowances           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division I - Trade Readjustment Allowances

-HEAD-
                DIVISION I - TRADE READJUSTMENT ALLOWANCES            

-End-



-CITE-
    19 USC Sec. 2291                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division I - Trade Readjustment Allowances

-HEAD-
    Sec. 2291. Qualifying requirements for workers

-STATUTE-
    (a) Trade readjustment allowance conditions
      Payment of a trade readjustment allowance shall be made to an
    adversely affected worker covered by a certification under subpart
    A of this part who files an application for such allowance for any
    week of unemployment which begins more than 60 days after the date
    on which the petition that resulted in such certification was filed
    under section 2271 of this title, if the following conditions are
    met:
        (1) Such worker's total or partial separation before his
      application under this part occurred - 
          (A) on or after the date, as specified in the certification
        under which he is covered, on which total or partial separation
        began or threatened to begin in the adversely affected
        employment,
          (B) before the expiration of the 2-year period beginning on
        the date on which the determination under section 2273 of this
        title was made, and
          (C) before the termination date (if any) determined pursuant
        to section 2273(d) of this title.

        (2) Such worker had, in the 52-week period ending with the week
      in which such total or partial separation occurred, at least 26
      weeks of employment at wages of $30 or more a week in adversely
      affected employment with a single firm or subdivision of a firm,
      or, if data with respect to weeks of employment with a firm are
      not available, equivalent amounts of employment computed under
      regulations prescribed by the Secretary. For the purposes of this
      paragraph, any week in which such worker - 
          (A) is on employer-authorized leave for purposes of vacation,
        sickness, injury, maternity, or inactive duty or active duty
        military service for training,
          (B) does not work because of a disability that is compensable
        under a workmen's compensation law or plan of a State or the
        United States,
          (C) had his employment interrupted in order to serve as a
        full-time representative of a labor organization in such firm
        or subdivision, or
          (D) is on call-up for purposes of active duty in a reserve
        status in the Armed Forces of the United States, provided such
        active duty is "Federal service" as defined in section
        8521(a)(1) of title 5,

      shall be treated as a week of employment at wages of $30 or more,
      but not more than 7 weeks, in case of weeks described in
      subparagraph (A) or (C), or both (and not more than 26 weeks, in
      the case of weeks described in subparagraph (B) or (D)), may be
      treated as weeks of employment under this sentence.
        (3) Such worker - 
          (A) was entitled to (or would be entitled to if he applied
        therefor) unemployment insurance for a week within the benefit
        period (i) in which such total or partial separation took
        place, or (ii) which began (or would have begun) by reason of
        the filing of a claim for unemployment insurance by such worker
        after such total or partial separation;
          (B) has exhausted all rights to any unemployment insurance,
        except additional compensation that is funded by a State and is
        not reimbursed from any Federal funds, to which he was entitled
        (or would be entitled if he applied therefor); and
          (C) does not have an unexpired waiting period applicable to
        him for any such unemployment insurance.

        (4) Such worker, with respect to such week of unemployment,
      would not be disqualified for extended compensation payable under
      the Federal-State Extended Unemployment Compensation Act of 1970
      by reason of the work acceptance and job search requirements in
      section 202(a)(3) of such Act.
        (5) Such worker - 
          (A)(i) is enrolled in a training program approved by the
        Secretary under section 2296(a) of this title, and
          (ii) the enrollment required under clause (i) occurs no later
        than the latest of - 
            (I) the last day of the 16th week after the worker's most
          recent total separation from adversely affected employment
          which meets the requirements of paragraphs (1) and (2),
            (II) the last day of the 8th week after the week in which
          the Secretary issues a certification covering the worker,
            (III) 45 days after the later of the dates specified in
          subclause (I) or (II), if the Secretary determines there are
          extenuating circumstances that justify an extension in the
          enrollment period, or
            (IV) the last day of a period determined by the Secretary
          to be approved for enrollment after the termination of a
          waiver issued pursuant to subsection (c) of this section,

          (B) has, after the date on which the worker became totally
        separated, or partially separated, from the adversely affected
        employment, completed a training program approved by the
        Secretary under section 2296(a) of this title, or
          (C) has received a written statement under subsection (c)(1)
        of this section after the date described in subparagraph (B).
    (b) Withholding of trade readjustment allowance pending beginning
      or resumption of participation in training program; period of
      applicability
      (1) If - 
        (A) the Secretary determines that - 
          (i) the adversely affected worker - 
            (I) has failed to begin participation in the training
          program the enrollment in which meets the requirement of
          subsection (a)(5) of this section, or
            (II) has ceased to participate in such training program
          before completing such training program, and

          (ii) there is no justifiable cause for such failure or
        cessation, or

        (B) the certification made with respect to such worker under
      subsection (c)(1) of this section is revoked under subsection
      (c)(2) of this section,

    no trade readjustment allowance may be paid to the adversely
    affected worker under this division for the week in which such
    failure, cessation, or revocation occurred, or any succeeding week,
    until the adversely affected worker begins or resumes participation
    in a training program approved under section 2296(a) of this title.
      (2) The provisions of subsection (a)(5) of this section and
    paragraph (1) shall not apply with respect to any week of
    unemployment which begins - 
        (A) after the date that is 60 days after the date on which the
      petition that results in the certification that covers the worker
      is filed under section 2271 of this title, and
        (B) before the first week following the week in which such
      certification is made under subpart A of this part.
    (c) Waivers of training requirements
      (1) Issuance of waivers
        The Secretary may issue a written statement to an adversely
      affected worker waiving the requirement to be enrolled in
      training described in subsection (a)(5)(A) of this section if the
      Secretary determines that it is not feasible or appropriate for
      the worker, because of 1 or more of the following reasons:
        (A) Recall
          The worker has been notified that the worker will be recalled
        by the firm from which the separation occurred.
        (B) Marketable skills
          The worker possesses marketable skills for suitable
        employment (as determined pursuant to an assessment of the
        worker, which may include the profiling system under section
        303(j) of the Social Security Act (42 U.S.C. 503(j)), carried
        out in accordance with guidelines issued by the Secretary) and
        there is a reasonable expectation of employment at equivalent
        wages in the foreseeable future.
        (C) Retirement
          The worker is within 2 years of meeting all requirements for
        entitlement to either - 
            (i) old-age insurance benefits under title II of the Social
          Security Act (42 U.S.C. 401 et seq.) (except for application
          therefor); or
            (ii) a private pension sponsored by an employer or labor
          organization.
        (D) Health
          The worker is unable to participate in training due to the
        health of the worker, except that a waiver under this
        subparagraph shall not be construed to exempt a worker from
        requirements relating to the availability for work, active
        search for work, or refusal to accept work under Federal or
        State unemployment compensation laws.
        (E) Enrollment unavailable
          The first available enrollment date for the approved training
        of the worker is within 60 days after the date of the
        determination made under this paragraph, or, if later, there
        are extenuating circumstances for the delay in enrollment, as
        determined pursuant to guidelines issued by the Secretary.
        (F) Training not available
          Training approved by the Secretary is not reasonably
        available to the worker from either governmental agencies or
        private sources (which may include area career and technical
        education schools, as defined in section 2302 of title 20, and
        employers), no training that is suitable for the worker is
        available at a reasonable cost, or no training funds are
        available.
      (2) Duration of waivers
        (A) In general
          A waiver issued under paragraph (1) shall be effective for
        not more than 6 months after the date on which the waiver is
        issued, unless the Secretary determines otherwise.
        (B) Revocation
          The Secretary shall revoke a waiver issued under paragraph
        (1) if the Secretary determines that the basis of a waiver is
        no longer applicable to the worker and shall notify the worker
        in writing of the revocation.
      (3) Agreements under section 2311
        (A) Issuance by cooperating States
          Pursuant to an agreement under section 2311 of this title,
        the Secretary may authorize a cooperating State to issue
        waivers as described in paragraph (1).
        (B) Submission of statements
          An agreement under section 2311 of this title shall include a
        requirement that the cooperating State submit to the Secretary
        the written statements provided under paragraph (1) and a
        statement of the reasons for the waiver.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 231, Jan. 3, 1975, 88 Stat. 2020;
    Pub. L. 97-35, title XXV, Sec. 2503, Aug. 13, 1981, 95 Stat. 881;
    Pub. L. 99-272, title XIII, Sec. 13003(a)(1), (2), (b), Apr. 7,
    1986, 100 Stat. 300, 301; Pub. L. 100-418, title I, Sec. 1423(a)(1)-
    (3), Aug. 23, 1988, 102 Stat. 1244, 1245; Pub. L. 102-318, title
    I, Sec. 106(a), July 3, 1992, 106 Stat. 294; Pub. L. 107-210, div.
    A, title I, Secs. 114, 115, Aug. 6, 2002, 116 Stat. 939; Pub. L.
    109-270, Sec. 2(b)(1), Aug. 12, 2006, 120 Stat. 746.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal-State Extended Unemployment Compensation Act of 1970,
    referred to in subsec. (a)(4), is title II of Pub. L. 91-373, Aug.
    10, 1970, 84 Stat. 708, as amended, which is classified generally
    as a note under section 3304 of Title 26, Internal Revenue Code.
    Section 202(a)(3) of such Act, referred to in subsec. (a)(4), is
    set out in the note under section 3304 of Title 26. For complete
    classification of this Act to the Code, see Tables.
      The Social Security Act, referred to in subsec. (c)(1)(C)(i), is
    act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Title II of
    the Act is classified generally to subchapter II (Sec. 401 et seq.)
    of chapter 7 of Title 42, The Public Health and Welfare. For
    complete classification of this Act to the Code, see section 1305
    of Title 42 and Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (c)(1)(F). Pub. L. 109-270 substituted "area
    career and technical education schools" for "area vocational
    education schools" and made technical amendment to reference in
    original act which appears in text as reference to section 2302 of
    title 20.
      2002 - Subsec. (a)(3)(B). Pub. L. 107-210, Sec. 114(a), inserted
    ", except additional compensation that is funded by a State and is
    not reimbursed from any Federal funds," after "any unemployment
    insurance".
      Subsec. (a)(5)(A). Pub. L. 107-210, Sec. 114(b), designated
    existing provisions as cl. (i) and added cl. (ii).
      Subsec. (a)(5)(C). Pub. L. 107-210, Sec. 115(b), struck out
    "certified" after "statement".
      Subsec. (c). Pub. L. 107-210, Sec. 115(a), inserted heading and
    amended text generally, substituting provisions relating to
    issuance and duration of waivers of training requirements for
    provisions relating to approval of training programs, written
    certifications, revocation, and reports.
      1992 - Subsec. (a)(2). Pub. L. 102-318 added subpar. (D) and
    substituted "subparagraph (A) or (C), or both (and not more than 26
    weeks, in the case of weeks described in subparagraph (B) or (D))"
    for "paragraph (A) or (C), or both" in closing provisions.
      1988 - Subsec. (a)(5). Pub. L. 100-418, Sec. 1423(a)(1), amended
    par. (5) generally. Prior to amendment, par. (5) read as follows:
    "Such worker, unless the Secretary has determined that no
    acceptable job search program is reasonably available - 
        "(A) is enrolled in a job search program approved by the
      Secretary under section 2297(c) of this title, or
        "(B) has, after the date on which the worker became totally
      separated, or partially separated, from the adversely affected
      employment, completed a job search program approved by the
      Secretary under section 2297(c) of this title."
      Subsec. (b). Pub. L. 100-418, Sec. 1423(a)(2), amended subsec.
    (b) generally, substituting provisions relating to withholding of
    trade readjustment allowance pending beginning or resumption of
    participation in training program, and period of applicability, for
    provisions relating to mandatory training or job-search.
      Subsec. (c). Pub. L. 100-418, Sec. 1423(a)(3), amended subsec.
    (c) generally, substituting provisions relating to approval of
    training programs, written certifications, revocation of
    certification, and annual report, for provisions relating to
    withholding of trade readjustment allowance pending beginning or
    resumption of participation in job search program.
      1986 - Subsec. (a)(2). Pub. L. 99-272, Sec. 13003(b), substituted
    provisions restricting to no more than 7 the number of weeks to be
    treated as weeks of employment under this sentence for provisions
    designated as clauses (i) to (iii), limiting the weeks that may be
    treated as weeks of employment to 3, 7, and 7, respectively, under
    certain conditions.
      Subsec. (a)(5). Pub. L. 99-272, Sec. 13003(a)(1), added par. (5).
      Subsec. (c). Pub. L. 99-272, Sec. 13003(a)(2), added subsec. (c).
      1981 - Pub. L. 97-35 designated existing provisions as subsec.
    (a), substituted provisions respecting applicability of date upon
    which petition was filed for provisions respecting applicability of
    date specified in certification under section 2273(a) of this
    title, substantially revised and reorganized conditions by, among
    other changes, adding pars. (3) and (4), and added subsec. (b).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 106(b) of Pub. L. 102-318 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to weeks
    beginning after August 1, 1990."

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective on date that is 90 days
    after Aug. 23, 1988, see section 1430(f) of Pub. L. 100-418, set
    out as an Effective Date note under section 2397 of this title.

       EFFECTIVE DATE OF 1986 AMENDMENT; APPLICATION OF GRAMM-RUDMAN   
      Pub. L. 99-272, title XIII, Sec. 13009, Apr. 7, 1986, 100 Stat.
    305, provided that:
      "(a) In General. - Except as provided in subsections (b) and (c),
    the amendments made by this part [part 1 (Secs. 13001-13009) of
    subtitle A, amending this section, sections 2271, 2272, 2292, 2293,
    2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this title,
    and provisions set out as a note preceding section 2271 of this
    title] shall take effect on the date of the enactment of this Act
    [Apr. 7, 1986].
      "(b) Job Search Program Requirements. - The amendments made by
    section 13003(a) [amending this section and section 2311 of this
    title] apply with respect to workers covered by petitions filed
    under section 221 of the Trade Act of 1974 [section 2271 of this
    title] on or after the date of the enactment of this Act [Apr. 7,
    1986].
      "(c) Extension and Authorization. - Chapters 2 and 3 of title II
    of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) [parts 2 and 3
    of this subchapter] shall be applied as if the amendments made by
    sections 13007 and 13008 [amending sections 2317 and 2346 of this
    title and provisions set out as a note preceding section 2271 of
    this title] had taken effect on December 18, 1985.
      "(d) Application of Gramm-Rudman. - Trade readjustment allowances
    payable under part I [of subchapter B] of chapter 2 of title II of
    the Trade Act of 1974 [19 U.S.C. 2291 et seq.] for the period from
    March 1, 1986, and until October 1, 1986, shall be reduced by a
    percentage equal to the non-defense sequester percentage applied in
    the Sequestration Report (submitted under the Balanced Budget and
    Emergency Deficit Control Act of 1985 [see Short Title note set out
    under section 900 of Title 2, The Congress] and dated January 21,
    1986) of the Comptroller General of the United States for fiscal
    year 1986."

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Section 2514 of Pub. L. 97-35, as amended by Pub. L. 97-362,
    title II, Sec. 204, Oct. 24, 1982, 96 Stat. 1733, provided that:
      "(a)(1) Except as provided in paragraph (2), this subtitle
    [enacting section 2275 of this title, amending this section and
    sections 2272, 2274, 2292, 2293, 2296, 2297, 2298, 2311, 2313,
    2315, 2317, and 2319 of this title, repealing section 2318 of this
    title, enacting provisions set out as a note under section 2292 of
    this title, and amending provisions set out as a note preceding
    section 2271 of this title and under section 3304 of Title 26,
    Internal Revenue Code] shall take effect on the date of the
    enactment of this Act [Aug. 13, 1981].
      "(2)(A) The amendments made by section 2501 [amending section
    2272 of this title] shall apply with respect to all petitions for
    certification filed under section 221 of the Trade Act of 1974
    [section 2271 of this title] on or after October 1, 1983.
      "(B) The amendments made by sections 2503, 2504, 2505, and 2511
    [amending this section, sections 2292, 2293, and 2319 of this
    title, and provisions set out as a note under section 3304 of Title
    26, Internal Revenue Code] shall apply with respect to trade
    readjustment allowances payable for weeks of unemployment which
    begin after September 30, 1981.
      "(C) The amendments made by sections 2506, 2507, and 2508
    [amending sections 2296, 2297, and 2298 of this title] shall take
    effect with respect to determinations regarding training and
    applications for allowances under sections 236, 237, and 238 of the
    Trade Act of 1974 [sections 2296, 2297, and 2298 of this title]
    that are made or filed after September 30, 1981.
      "(D)(i) Except as otherwise provided in clause (ii), the
    provisions of sections 233(d) and 236(a)(2) of the Trade Act of
    1974 (as amended by this Act) [sections 2293(d) and 2296(a)(2) of
    this title], and the provisions of section 204(a)(2)(C) of the
    Federal-State Extended Unemployment Compensation Act of 1970 (as
    added by this Act) [set out as a note under section 3304 of Title
    26] shall apply to State unemployment compensation laws for
    purposes of certifications under section 3304(c) of the Internal
    Revenue Code of 1954 [section 3304(c) of Title 26] on October 31,
    of any taxable year after 1981.
      "(ii) In the case of any State the legislature of which - 
        "(I) does not meet in a session which begins after the date of
      the enactment of this Act [Aug. 13, 1981] and prior to September
      1, 1982, and
        "(II) if in session on the date of the enactment of this Act,
      does not remain in session for a period of at least 25 calendar
      days,
    the date '1981' in clause (i) shall be deemed to be '1982'.
      "(b) An adversely affected worker who is receiving or is entitled
    to receive payments of trade readjustment allowances under chapter
    2 of the Trade Act of 1974 [this part] for weeks of unemployment
    beginning before October 1, 1981, shall be entitled to receive - 
        "(1) with respect to weeks of unemployment beginning before
      October 1, 1981, payments of trade readjustment allowances
      determined under such chapter 2 without regard to the amendments
      made by this subtitle; and
        "(2) with respect to weeks of unemployment beginning after
      September 30, 1981, payments of trade readjustment allowances as
      determined under such chapter 2 as amended by this subtitle,
      except that the maximum amount of trade readjustment allowances
      payable to such an individual for such weeks of unemployment
      shall be an amount equal to the product of the trade readjustment
      allowance payable to the individual for a week of total
      unemployment (as determined under section 232(a) as so amended
      [section 2292(a) of this title]) multiplied by a factor
      determined by subtracting from fifty-two the sum of - 
          "(A) the number of weeks preceding the first week which
        begins after September 30, 1981, and which are within the
        period covered by the same certification under such chapter 2
        as such week of unemployment, for which the individual was
        entitled to a trade readjustment allowance or unemployment
        insurance, or would have been entitled to such allowance or
        unemployment insurance if he had applied therefor, and
          "(B) the number of weeks preceding such first week that are
        deductible under section 232(d) (as in effect before the
        amendments made by section 2504) [section 2392(d) of this
        title];
      except that the amount of trade readjustment allowances payable
      to an adversely affected worker under this paragraph shall be
      subject to adjustment on a week-to-week basis as may be required
      by section 232(b) [section 2392(b) of this title]."

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2292                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division I - Trade Readjustment Allowances

-HEAD-
    Sec. 2292. Weekly amounts of readjustment allowance

-STATUTE-
    (a) Formula
      Subject to subsections (b) and (c) of this section, the trade
    readjustment allowance payable to an adversely affected worker for
    a week of total unemployment shall be an amount equal to the most
    recent weekly benefit amount of the unemployment insurance payable
    to the worker for a week of total unemployment preceding the
    worker's first exhaustion of unemployment insurance (as determined
    for purposes of section 2291(a)(3)(B) of this title) reduced (but
    not below zero) by - 
        (1) any training allowance deductible under subsection (c) of
      this section; and
        (2) income that is deductible from unemployment insurance under
      the disqualifying income provisions of the applicable State law
      or Federal unemployment insurance law.
    (b) Adversely affected workers who are undergoing training
      Any adversely affected worker who is entitled to trade
    readjustment allowances and who is undergoing training approved by
    the Secretary shall receive for each week in which he is undergoing
    any such training, a trade readjustment allowance in an amount
    (computed for such week) equal to the amount computed under
    subsection (a) of this section or (if greater) the amount of any
    weekly allowance for such training to which he would be entitled
    under any other Federal law for the training of workers, if he
    applied for such allowance. Such trade readjustment allowance shall
    be paid in lieu of any training allowance to which the worker would
    be entitled under such other Federal law.
    (c) Deduction from total number of weeks of allowance entitlement
      If a training allowance under any Federal law other than this
    chapter is paid to an adversely affected worker for any week of
    unemployment with respect to which he would be entitled (determined
    without regard to any disqualification under section 2291(b) of
    this title) to a trade readjustment allowance if he applied for
    such allowance, each such week shall be deducted from the total
    number of weeks of trade readjustment allowance otherwise payable
    to him under section 2293(a) of this title when he applies for a
    trade readjustment allowance and is determined to be entitled to
    such allowance. If such training allowance paid to such worker for
    any week of unemployment is less than the amount of the trade
    readjustment allowance to which he would be entitled if he applied
    for such allowance, he shall receive, when he applies for a trade
    readjustment allowance and is determined to be entitled to such
    allowance, a trade readjustment allowance for such week equal to
    such difference.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 232, Jan. 3, 1975, 88 Stat. 2021;
    Pub. L. 97-35, title XXV, Sec. 2504(a), Aug. 13, 1981, 95 Stat.
    883; Pub. L. 99-272, title XIII, Sec. 13003(c), Apr. 7, 1986, 100
    Stat. 301; Pub. L. 100-418, title I, Sec. 1423(b), Aug. 23, 1988,
    102 Stat. 1246.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (c), was in the original
    "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (b). Pub. L. 100-418, Sec. 1423(b)(1), struck out
    ", including on-the-job training," after "approved by the
    Secretary".
      Subsec. (c). Pub. L. 100-418, Sec. 1423(b)(2), substituted "under
    section 2291(b)" for "under section 2291(c) or 2296(c)".
      1986 - Subsec. (c). Pub. L. 99-272 substituted "under any Federal
    law other than this chapter" for "under any Federal law,", "section
    2291(c) or 2296(c) of this title" for "section 2296(c) of this
    title", and "If such training allowance" for "If the training
    allowance".
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 2504(a)(1), substituted
    provisions setting forth amount of allowance as reduced (but not
    below zero) by training allowance and income deductions for
    provisions setting forth amount of allowance as computed by
    specified percentages of wages and reduced by paid remuneration.
      Subsecs. (c), (d). Pub. L. 97-35, Sec. 2504(a)(2)-(4),
    redesignated subsec. (d) as (c) and struck out references to
    unemployment insurance and to the inapplicability of former
    subsecs. (c) and (e) of this section. Former subsec. (c), which
    related to the computation of unemployment insurance, was struck
    out.
      Subsec. (e). Pub. L. 97-35, Sec. 2504(a)(2), struck out subsec.
    (e) which related to maximum total for all remuneration and
    allowances.
      Subsec. (f). Pub. L. 97-35, Sec. 2504(a)(2), struck out subsec.
    (f) which authorized rounding off to whole dollar amounts.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 1423(b)(1) effective Aug. 23, 1988, and
    amendment by section 1423(b)(2) of Pub. L. 100-418 effective on the
    date that is 90 days after Aug. 23, 1988, see section 1430(a), (f)
    of Pub. L. 100-418, set out as an Effective Date note under section
    2397 of this title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 applicable to allowances payable for
    weeks of unemployment which begin after Sept. 30, 1981, with
    transition provisions applicable, see section 2514 of Pub. L. 97-
    35, set out as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

            REFERENCE TO SUBSECTION (D) DEEMED REFERENCE TO (C)        
      Section 2504(b) of Pub. L. 97-35 provided that: "Any reference in
    any law to subsection (d) of section 232 of the Trade Act of 1974
    [subsec. (d) of this section] shall be considered a reference to
    subsection (c) thereof [subsec. (c) of this section]."

-End-



-CITE-
    19 USC Sec. 2293                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division I - Trade Readjustment Allowances

-HEAD-
    Sec. 2293. Limitations on trade readjustment allowances

-STATUTE-
    (a) Maximum allowance; deduction for unemployment insurance;
      additional payments for approved training periods
      (1) The maximum amount of trade readjustment allowances payable
    with respect to the period covered by any certification to an
    adversely affected worker shall be the amount which is the product
    of 52 multiplied by the trade readjustment allowance payable to the
    worker for a week of total unemployment (as determined under
    section 2292(a) of this title), but such product shall be reduced
    by the total sum of the unemployment insurance to which the worker
    was entitled (or would have been entitled if he had applied
    therefor) in the worker's first benefit period described in section
    2291(a)(3)(A) of this title.
      (2) A trade readjustment allowance shall not be paid for any week
    occurring after the close of the 104-week period (or, in the case
    of an adversely affected worker who requires a program of remedial
    education (as described in section 2296(a)(5)(D) of this title) in
    order to complete training approved for the worker under section
    2296 of this title, the 130-week period) that begins with the first
    week following the week in which the adversely affected worker was
    most recently totally separated from adversely affected employment -
     
        (A) within the period which is described in section 2291(a)(1)
      of this title, and
        (B) with respect to which the worker meets the requirements of
      section 2291(a)(2) of this title.

      (3) Notwithstanding paragraph (1), in order to assist the
    adversely affected worker to complete training approved for him
    under section 2296 of this title, and in accordance with
    regulations prescribed by the Secretary, payments may be made as
    trade readjustment allowances for up to 52 additional weeks in the
    52-week period that - 
        (A) follows the last week of entitlement to trade readjustment
      allowances otherwise payable under this part; or
        (B) begins with the first week of such training, if such
      training begins after the last week described in subparagraph
      (A).

    Payments for such additional weeks may be made only for weeks in
    such 52-week period during which the individual is participating in
    such training.
    (b) Limitations on additional payments for training periods
      A trade readjustment allowance may not be paid for an additional
    week specified in subsection (a)(3) of this section if the
    adversely affected worker who would receive such allowance did not
    make a bona fide application to a training program approved by the
    Secretary under section 2296 of this title within 210 days after
    the date of the worker's first certification of eligibility to
    apply for adjustment assistance issued by the Secretary, or, if
    later, within 210 days after the date of the worker's total or
    partial separation referred to in section 2291(a)(1) of this title.
    (c) Adjustments of amounts payable
      Amounts payable to an adversely affected worker under this
    division shall be subject to such adjustment on a week-to-week
    basis as may be required by section 2292(b) of this title.
    (d) Special adjustments for benefit years ending with extended
      benefit periods
      Notwithstanding any other provision of this chapter or other
    Federal law, if the benefit year of a worker ends within an
    extended benefit period, the number of weeks of extended benefits
    that such worker would, but for this subsection, be entitled to in
    that extended benefit period shall be reduced (but not below zero)
    by the number of weeks for which the worker was entitled, during
    such benefit year, to trade readjustment allowances under this
    division. For purposes of this paragraph, the terms "benefit year"
    and "extended benefit period" shall have the same respective
    meanings given to them in the Federal-State Extended Unemployment
    Compensation Act of 1970.
    (e) Week during which worker received on-the-job training
      No trade readjustment allowance shall be paid to a worker under
    this division for any week during which the worker is receiving on-
    the-job training.
    (f) Workers treated as participating in training
      For purposes of this part, a worker shall be treated as
    participating in training during any week which is part of a break
    in training that does not exceed 30 days if - 
        (1) the worker was participating in a training program approved
      under section 2296(a) of this title before the beginning of such
      break in training, and
        (2) the break is provided under such training program.
    (g) Additional weeks to complete training
      Notwithstanding any other provision of this section, in order to
    assist an adversely affected worker to complete training approved
    for the worker under section 2296 of this title which includes a
    program of remedial education (as described in section
    2296(a)(5)(D) of this title), and in accordance with regulations
    prescribed by the Secretary, payments may be made as trade
    readjustment allowances for up to 26 additional weeks in the 26-
    week period that follows the last week of entitlement to trade
    readjustment allowances otherwise payable under this part.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 233, Jan. 3, 1975, 88 Stat. 2022;
    Pub. L. 97-35, title XXV, Sec. 2505(a), Aug. 13, 1981, 95 Stat.
    883; Pub. L. 98-369, div. B, title VI, Sec. 2671, July 18, 1984, 98
    Stat. 1172; Pub. L. 99-272, title XIII, Sec. 13003(d), Apr. 7,
    1986, 100 Stat. 301; Pub. L. 100-418, title I, Secs. 1423(c),
    1425(a), Aug. 23, 1988, 102 Stat. 1246, 1250; Pub. L. 106-36, title
    I, Sec. 1001(a)(1), June 25, 1999, 113 Stat. 130; Pub. L. 107-210,
    div. A, title I, Sec. 116, Aug. 6, 2002, 116 Stat. 941.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d), was in the original
    "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.
      The Federal-State Extended Unemployment Compensation Act of 1970,
    referred to in subsec. (d), is title II of Pub. L. 91-373, Aug. 10,
    1970, 84 Stat. 708, as amended, which is classified generally as a
    note under section 3304 of Title 26, Internal Revenue Code. For
    complete classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (a)(2). Pub. L. 107-210, Sec. 116(a)(1), in
    introductory provisions inserted "(or, in the case of an adversely
    affected worker who requires a program of remedial education (as
    described in section 2296(a)(5)(D) of this title) in order to
    complete training approved for the worker under section 2296 of
    this title, the 130-week period)" after "104-week period".
      Subsec. (a)(3). Pub. L. 107-210, Sec. 116(a)(2), substituted "52"
    for "26" wherever appearing.
      Subsec. (f). Pub. L. 107-210, Sec. 116(b), substituted "30 days"
    for "14 days" in introductory provisions.
      Subsec. (g). Pub. L. 107-210, Sec. 116(c), added subsec. (g).
      1999 - Subsec. (a)(2). Pub. L. 106-36 realigned margins of
    introductory provisions and subpars. (A) and (B).
      1988 - Subsec. (a)(2). Pub. L. 100-418, Sec. 1425(a), amended
    par. (2) generally. Prior to amendment, par. (2) read as follows:
    "A trade readjustment allowance shall not be paid for any week
    after the 104-week period beginning with the first week following
    the first week in the period covered by the certification with
    respect to which the worker has exhausted (as determined for
    purposes of section 2291(a)(3)(B) of this title) all rights to that
    part of his unemployment insurance that is regular compensation."
      Subsec. (a)(3). Pub. L. 100-418, Sec. 1423(c)(2), substituted
    "participating in such training" for "engaged in such training and
    has not been determined under section 2296(c) of this title to be
    failing to make satisfactory progress in the training" in last
    sentence.
      Subsec. (a)(3)(B). Pub. L. 100-418, Sec. 1423(c)(1), substituted
    "begins" for "is approved" after "training".
      Subsec. (f). Pub. L. 100-418, Sec. 1423(c)(3), added subsec. (f).
      1986 - Subsec. (a)(2). Pub. L. 99-272, Sec. 13003(d)(1),
    substituted "104-week period" for "52-week period".
      Subsec. (e). Pub. L. 99-272, Sec. 13003(d)(2), added subsec. (e).
      1984 - Subsec. (a)(3). Pub. L. 98-369 substituted
    "Notwithstanding paragraph (1), in order to assist the adversely
    affected worker to complete training approved for him under section
    2296 of this title, and in accordance with regulations prescribed
    by the Secretary, payments may be made as trade readjustment
    allowances for up to 26 additional weeks in the 26-week period that
    - 
        "(A) follows the last week of entitlement to trade readjustment
      allowances otherwise payable under this part; or
        "(B) begins with the first week of such training, if such
      training is approved after the last week described in
      subparagraph (A)."
    for "Notwithstanding paragraph (1), in accordance with regulations
    prescribed by the Secretary, payments may be made as trade
    readjustment allowances for up to 26 additional weeks in the 26-
    week period following the last week of entitlement to trade
    readjustment allowances otherwise payable under this part in order
    to assist the adversely affected worker to complete training
    approved for the worker under section 2296 of this title."
      1981 - Subsec. (a). Pub. L. 97-35 substituted provisions relating
    to maximum amount of allowance payable for provisions relating to
    time limitations on allowance payable.
      Subsec. (b). Pub. L. 97-35 substituted provisions relating to
    payment for an additional week for provisions relating to payment
    for an additional week after the appropriate week and provisions
    determining the appropriate week.
      Subsecs. (c), (d). Pub. L. 97-35 added subsecs. (c) and (d).

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 1423(c)(2) of Pub. L. 100-418 effective on
    date that is 90 days after Aug. 23, 1988, and amendment by section
    1425(a) of Pub. L. 100-418 effective Aug. 23, 1988, but not
    applicable with respect to any total separation of a worker from
    adversely affected employment (within the meaning of section 2319
    of this title) that occurs before Aug. 23, 1988, if the application
    of such amendment with respect to such total separation would
    reduce the period for which such worker would (but for such
    amendment) be allowed to receive trade readjustment allowances
    under this division, see section 1430(a), (f), (g) of Pub. L. 100-
    418, set out as an Effective Date note under section 2397 of this
    title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 applicable to allowances payable for
    weeks of unemployment which begin after Sept. 30, 1981, with
    transition provisions applicable, and with the amendment of subsec.
    (d) of this section applicable, except as otherwise provided, to
    laws for certification purposes under section 3304(c) of title 26
    on Oct. 31, of any taxable year after 1981, see section 2514 of
    Pub. L. 97-35, set out as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

                    WAIVER OF CERTAIN TIME LIMITATIONS                
      Pub. L. 100-418, title I, Sec. 1425(b), Aug. 23, 1988, 102 Stat.
    1250, provided that:
      "(1) The provisions of subsections (a)(2) and (b) of section 233
    of the Trade Act of 1974 [19 U.S.C. 2293(a)(2), (b)] shall not
    apply with respect to any worker who became totally separated from
    adversely affected employment (within the meaning of section 247 of
    such Act [19 U.S.C. 2319]) during the period that began on August
    13, 1981, and ended on April 7, 1986.
      "(2)(A) Any worker who is otherwise eligible for payment of a
    trade readjustment allowance under part I of subchapter B of
    chapter 2 of title II of the Trade Act of 1974 [19 U.S.C. 2291 et
    seq.] by reason of paragraph (1) of this subsection may receive
    payments of such allowance only if such worker - 
        "(i) is enrolled in a training program approved by the
      Secretary under section 236(a) of such Act [19 U.S.C. 2296(a)],
      and
        "(ii) has been unemployed continuously since the date on which
      the worker became totally separated from the adversely affected
      employment, not taking into account seasonal employment, odd
      jobs, or part-time, temporary employment.
      "(B) If the Secretary of Labor determines that - 
        "(i) a worker - 
          "(I) has failed to begin participation in the training
        program the enrollment in which meets the requirement of
        subparagraph (A), or
          "(II) has ceased to participate in such training program
        before completing such training program, and
        "(ii) there is no justifiable cause for such failure or
      cessation,
    no trade readjustment allowance may be paid to the worker under
    part I of subchapter B of chapter 2 of title II of the Trade Act of
    1974 for the week in which such failure or cessation occurred, or
    any succeeding week, until the worker begins or resumes
    participation in a training program approved under section 236(a)
    of such Act."

-End-



-CITE-
    19 USC Sec. 2294                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division I - Trade Readjustment Allowances

-HEAD-
    Sec. 2294. Application of State laws

-STATUTE-
      Except where inconsistent with the provisions of this part and
    subject to such regulations as the Secretary may prescribe, the
    availability and disqualification provisions of the State law - 
        (1) under which an adversely affected worker is entitled to
      unemployment insurance (whether or not he has filed a claim for
      such insurance), or
        (2) if he is not so entitled to unemployment insurance, of the
      State in which he was totally or partially separated,

    shall apply to any such worker who files a claim for trade
    readjustment allowances. The State law so determined with respect
    to a separation of a worker shall remain applicable, for purposes
    of the preceding sentence, with respect to such separation until
    such worker becomes entitled to unemployment insurance under
    another State law (whether or not he has filed a claim for such
    insurance).

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 234, Jan. 3, 1975, 88 Stat. 2022.)


-MISC1-
                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-


-CITE-
    19 USC Division II - Training, Other Employment Services,
           and Allowances                                  01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division II - Training, Other Employment Services, and Allowances

-HEAD-
     DIVISION II - TRAINING, OTHER EMPLOYMENT SERVICES, AND ALLOWANCES 

-End-



-CITE-
    19 USC Sec. 2295                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division II - Training, Other Employment Services, and Allowances

-HEAD-
    Sec. 2295. Employment services

-STATUTE-
      The Secretary shall make every reasonable effort to secure for
    adversely affected workers covered by a certification under subpart
    A of this part counseling, testing, and placement services, and
    supportive and other services, provided for under any other Federal
    law, including the services provided through one-stop delivery
    systems described in section 2864(c) of title 29. The Secretary
    shall, whenever appropriate, procure such services through
    agreements with the States.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 235, Jan. 3, 1975, 88 Stat. 2023;
    Pub. L. 100-418, title I, Sec. 1424(d)(1)(A), Aug. 23, 1988, 102
    Stat. 1249; Pub. L. 107-210, div. A, title I, Sec. 119, Aug. 6,
    2002, 116 Stat. 942.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-210 inserted ", including the services
    provided through one-stop delivery systems described in section
    2864(c) of title 29" before period at end of first sentence.
      1988 - Pub. L. 100-418 substituted "the States" for "cooperating
    State agencies".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2296                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division II - Training, Other Employment Services, and Allowances

-HEAD-
    Sec. 2296. Training

-STATUTE-
    (a) Approval of training; limitation on expenditures; reasonable
      expectation of employment; payment of costs; approved training
      programs; nonduplication of payments from other sources;
      disapproval of certain programs; exhaustion of unemployment
      benefits; promulgation of regulations
      (1) If the Secretary determines that - 
        (A) there is no suitable employment (which may include
      technical and professional employment) available for an adversely
      affected worker,
        (B) the worker would benefit from appropriate training,
        (C) there is a reasonable expectation of employment following
      completion of such training,
        (D) training approved by the Secretary is reasonably available
      to the worker from either governmental agencies or private
      sources (which may include area career and technical education
      schools, as defined in section 2302 of title 20, and employers)
      (!1)

        (E) the worker is qualified to undertake and complete such
      training, and
        (F) such training is suitable for the worker and available at a
      reasonable cost,

    the Secretary shall approve such training for the worker. Upon such
    approval, the worker shall be entitled to have payment of the costs
    of such training (subject to the limitations imposed by this
    section) paid on his behalf by the Secretary directly or through a
    voucher system. Insofar as possible, the Secretary shall provide or
    assure the provision of such training on the job, which shall
    include related education necessary for the acquisition of skills
    needed for a position within a particular occupation.
      (2)(A) The total amount of payments that may be made under
    paragraph (1) for any fiscal year shall not exceed $220,000,000.
      (B) If, during any fiscal year, the Secretary estimates that the
    amount of funds necessary to pay the costs of training approved
    under this section will exceed the amount of the limitation imposed
    under subparagraph (A), the Secretary shall decide how the portion
    of such limitation that has not been expended at the time of such
    estimate is to be apportioned among the States for the remainder of
    such fiscal year.
      (3) For purposes of applying paragraph (1)(C), a reasonable
    expectation of employment does not require that employment
    opportunities for a worker be available, or offered, immediately
    upon the completion of training approved under this paragraph (1).
      (4)(A) If the costs of training an adversely affected worker are
    paid by the Secretary under paragraph (1), no other payment for
    such costs may be made under any other provision of Federal law.
      (B) No payment may be made under paragraph (1) of the costs of
    training an adversely affected worker if such costs - 
        (i) have already been paid under any other provision of Federal
      law, or
        (ii) are reimbursable under any other provision of Federal law
      and a portion of such costs have already been paid under such
      other provision of Federal law.

      (C) The provisions of this paragraph shall not apply to, or take
    into account, any funds provided under any other provision of
    Federal law which are used for any purpose other than the direct
    payment of the costs incurred in training a particular adversely
    affected worker, even if such use has the effect of indirectly
    paying or reducing any portion of the costs involved in training
    the adversely affected worker.
      (5) The training programs that may be approved under paragraph
    (1) include, but are not limited to - 
        (A) employer-based training, including - 
          (i) on-the-job training, and
          (ii) customized training,

        (B) any training program provided by a State pursuant to title
      I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et
      seq.],
        (C) any training program approved by a private industry council
      established under section 102 of such Act,
        (D) any program of remedial education,
        (E) any training program (other than a training program
      described in paragraph (7)) for which all, or any portion, of the
      costs of training the worker are paid - 
          (i) under any Federal or State program other than this
        chapter, or
          (ii) from any source other than this section, and

        (F) any other training program approved by the Secretary.

      (6)(A) The Secretary is not required under paragraph (1) to pay
    the costs of any training approved under paragraph (1) to the
    extent that such costs are paid - 
        (i) under any Federal or State program other than this part, or
        (ii) from any source other than this section.

      (B) Before approving any training to which subparagraph (A) may
    apply, the Secretary may require that the adversely affected worker
    enter into an agreement with the Secretary under which the
    Secretary will not be required to pay under this section the
    portion of the costs of such training that the worker has reason to
    believe will be paid under the program, or by the source, described
    in clause (i) or (ii) of subparagraph (A).
      (7) The Secretary shall not approve a training program if - 
        (A) all or a portion of the costs of such training program are
      paid under any nongovernmental plan or program,
        (B) the adversely affected worker has a right to obtain
      training or funds for training under such plan or program, and
        (C) such plan or program requires the worker to reimburse the
      plan or program from funds provided under this part, or from
      wages paid under such training program, for any portion of the
      costs of such training program paid under the plan or program.

      (8) The Secretary may approve training for any adversely affected
    worker who is a member of a group certified under subpart A of this
    part at any time after the date on which the group is certified
    under subpart A of this part, without regard to whether such worker
    has exhausted all rights to any unemployment insurance to which the
    worker is entitled.
      (9) The Secretary shall prescribe regulations which set forth the
    criteria under each of the subparagraphs of paragraph (1) that will
    be used as the basis for making determinations under paragraph (1).
    (b) Supplemental assistance
      The Secretary may, where appropriate, authorize supplemental
    assistance necessary to defray reasonable transportation and
    subsistence expenses for separate maintenance when training is
    provided in facilities which are not within commuting distance of a
    worker's regular place of residence. The Secretary may not
    authorize - 
        (1) payments for subsistence that exceed whichever is the
      lesser of (A) the actual per diem expenses for subsistence, or
      (B) payments at 50 percent of the prevailing per diem allowance
      rate authorized under the Federal travel regulations, or
        (2) payments for travel expenses exceeding the prevailing
      mileage rate authorized under the Federal travel regulations.
    (c) Payment of costs of on-the-job training
      The Secretary shall pay the costs of any on-the-job training of
    an adversely affected worker that is approved under subsection
    (a)(1) of this section in equal monthly installments, but the
    Secretary may pay such costs, notwithstanding any other provision
    of this section, only if - 
        (1) no currently employed worker is displaced by such adversely
      affected worker (including partial displacement such as a
      reduction in the hours of nonovertime work, wages, or employment
      benefits),
        (2) such training does not impair existing contracts for
      services or collective bargaining agreements,
        (3) in the case of training which would be inconsistent with
      the terms of a collective bargaining agreement, the written
      concurrence of the labor organization concerned has been
      obtained,
        (4) no other individual is on layoff from the same, or any
      substantially equivalent, job for which such adversely affected
      worker is being trained,
        (5) the employer has not terminated the employment of any
      regular employee or otherwise reduced the workforce of the
      employer with the intention of filling the vacancy so created by
      hiring such adversely affected worker,
        (6) the job for which such adversely affected worker is being
      trained is not being created in a promotional line that will
      infringe in any way upon the promotional opportunities of
      currently employed individuals,
        (7) such training is not for the same occupation from which the
      worker was separated and with respect to which such worker's
      group was certified pursuant to section 2272 of this title,
        (8) the employer is provided reimbursement of not more than 50
      percent of the wage rate of the participant, for the cost of
      providing the training and additional supervision related to the
      training,
        (9) the employer has not received payment under subsection
      (a)(1) of this section with respect to any other on-the-job
      training provided by such employer which failed to meet the
      requirements of paragraphs (1), (2), (3), (4), (5), and (6), and
        (10) the employer has not taken, at any time, any action which
      violated the terms of any certification described in paragraph
      (8) made by such employer with respect to any other on-the-job
      training provided by such employer for which the Secretary has
      made a payment under subsection (a)(1) of this section.
    (d) Eligibility for unemployment insurance
      A worker may not be determined to be ineligible or disqualified
    for unemployment insurance or program benefits under this subpart
    because the individual is in training approved under subsection (a)
    of this section, because of leaving work which is not suitable
    employment to enter such training, or because of the application to
    any such week in training of provisions of State law or Federal
    unemployment insurance law relating to availability for work,
    active search for work, or refusal to accept work. The Secretary
    shall submit to the Congress a quarterly report regarding the
    amount of funds expended during the quarter concerned to provide
    training under subsection (a) of this section and the anticipated
    demand for such funds for any remaining quarters in the fiscal year
    concerned.
    (e) "Suitable employment" defined
      For purposes of this section the term "suitable employment"
    means, with respect to a worker, work of a substantially equal or
    higher skill level than the worker's past adversely affected
    employment, and wages for such work at not less than 80 percent of
    the worker's average weekly wage.
    (f) "Customized training" defined
      For purposes of this section, the term "customized training"
    means training that is - 
        (1) designed to meet the special requirements of an employer or
      group of employers;
        (2) conducted with a commitment by the employer or group of
      employers to employ an individual upon successful completion of
      the training; and
        (3) for which the employer pays for a significant portion (but
      in no case less than 50 percent) of the cost of such training, as
      determined by the Secretary.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 236, Jan. 3, 1975, 88 Stat. 2023;
    Pub. L. 97-35, title XXV, Sec. 2506(2), Aug. 13, 1981, 95 Stat.
    885; Pub. L. 99-272, title XIII, Sec. 13004(a), Apr. 7, 1986, 100
    Stat. 301; Pub. L. 100-418, title I, Sec. 1424(a)-(c), Aug. 23,
    1988, 102 Stat. 1248, 1249; Pub. L. 100-647, title IX, Sec.
    9001(a)(20), Nov. 10, 1988, 102 Stat. 3808; Pub. L. 103-66, title
    XIII, Sec. 13803(b), Aug. 10, 1993, 107 Stat. 668; Pub. L. 105-277,
    div. A, Sec. 101(f) [title VIII, Sec. 405(d)(14)(A), (f)(11)(A)],
    Oct. 21, 1998, 112 Stat. 2681-337, 2681-421, 2681-431; Pub. L. 107-
    210, div. A, title I, Secs. 117, 118, Aug. 6, 2002, 116 Stat. 941;
    Pub. L. 109-270, Sec. 2(b)(2), Aug. 12, 2006, 120 Stat. 746.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Workforce Investment Act of 1998, referred to in subsec.
    (a)(5)(B), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.
      Section 102 of such Act, referred to in subsec. (a)(5)(C),
    meaning section 102 of the Job Training Partnership Act, was
    classified to section 1512 of Title 29, Labor, and was repealed by
    Pub. L. 105-220, title I, Sec. 199(b)(2), (c)(2)(B), Aug. 7, 1998,
    112 Stat. 1059, effective July 1, 2000. Pursuant to section 2940(b)
    of Title 29, references to a provision of the Job Training
    Partnership Act, effective Aug. 7, 1998, are deemed to refer to
    that provision or the corresponding provision of the Workforce
    Investment Act of 1998, Pub. L. 105-220, Aug. 7, 1998, 112 Stat.
    936, and effective July 1, 2000, are deemed to refer to the
    corresponding provision of the Workforce Investment Act of 1998.
    For complete classification of the Workforce Investment Act of 1998
    to the Code, see Short Title note set out under section 9201 of
    Title 20, Education, and Tables.


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a)(1)(D). Pub. L. 109-270 substituted "area
    career and technical education schools, as defined in section 2302
    of title 20" for "area vocational education schools, as defined in
    section 195(2) of the Vocational Education Act of 1963".
      2002 - Subsec. (a)(2)(A). Pub. L. 107-210, Sec. 117, substituted
    "$220,000,000" for "$80,000,000, except that for fiscal year 1997,
    the total amount of payments made under paragraph (1) shall not
    exceed $70,000,000".
      Subsec. (a)(5)(A). Pub. L. 107-210, Sec. 118(a), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows: "on-
    the-job training,".
      Subsec. (c)(8). Pub. L. 107-210, Sec. 118(b), amended par. (8)
    generally. Prior to amendment, par. (8) read as follows: "the
    employer certifies to the Secretary that the employer will continue
    to employ such worker for at least 26 weeks after completion of
    such training if the worker desires to continue such employment and
    the employer does not have due cause to terminate such
    employment,".
      Subsec. (f). Pub. L. 107-210, Sec. 118(c), added subsec. (f).
      1998 - Subsec. (a)(5)(B). Pub. L. 105-277, Sec. 101(f) [title
    VIII, Sec. 405(f)(11)(A)], struck out "section 1653 of title 29 or"
    before "title I of".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(14)(A)],
    substituted "section 1653 of title 29 or title I of the Workforce
    Investment Act of 1998" for "section 1653 of title 29".
      1993 - Subsec. (a)(2)(A). Pub. L. 103-66 inserted before period
    at end ", except that for fiscal year 1997, the total amount of
    payments made under paragraph (1) shall not exceed $70,000,000".
      1988 - Subsec. (a)(1). Pub. L. 100-418, Sec. 1424(a)(5)-(7),
    struck out "(to the extent appropriated funds are available)" after
    "the Secretary shall" in first sentence, and in second sentence
    inserted "(subject to the limitations imposed by this section)"
    after "costs of such training" and "directly or through a voucher
    system" after "by the Secretary".
      Subsec. (a)(1)(D). Pub. L. 100-418, Sec. 1424(a)(1), substituted
    "is reasonably available" for "is available".
      Subsec. (a)(1)(F). Pub. L. 100-418, Sec. 1424(a)(2)-(4), added
    subpar. (F).
      Subsec. (a)(2). Pub. L. 100-418, Sec. 1424(a)(11), (12), added
    par. (2) and redesignated former par. (2) as (3).
      Subsec. (a)(2)(A). Pub. L. 100-418, Sec. 1424(b), directed the
    amendment of subpar. (A) by substituting "$120,000,000" for
    "$80,000,000", which amendment did not become effective pursuant to
    section 1430(d) of Pub. L. 100-418, as amended, set out as an
    Effective Date note under section 2397 of this title.
      Subsec. (a)(3), (4). Pub. L. 100-418, Sec. 1424(a)(11),
    redesignated pars. (2) and (3) as (3) and (4), respectively. Former
    par. (4) redesignated (5).
      Subsec. (a)(5). Pub. L. 100-418, Sec. 1424(a)(8)-(11),
    redesignated former par. (4) as (5), added subpars. (D) and (E),
    and redesignated former subpar. (D) as (F).
      Subsec. (a)(6). Pub. L. 100-418, Sec. 1424(a)(13), added par.
    (6).
      Subsec. (a)(6)(B). Pub. L. 100-647 substituted "in clause (i) or
    (ii) of subparagraph (A)" for "in subparagraph (A) or (B) of
    paragraph (1)".
      Subsec. (a)(7) to (9). Pub. L. 100-418, Sec. 1424(a)(13), added
    pars. (7) to (9).
      Subsec. (c). Pub. L. 100-418, Sec. 1424(c)(1), substituted
    present introductory provisions for "Notwithstanding any provision
    of subsection (a)(1) of this section, the Secretary may pay the
    costs of on-the-job training of an adversely affected worker under
    subsection (a)(1) of this section only if - ".
      Pub. L. 100-418, Sec. 1424(c)(2), (3), redesignated subsec. (d)
    as (c), and struck out former subsec. (c) which related to refusal
    to accept or continue training, or failure to make satisfactory
    progress.
      Subsecs. (d) to (f). Pub. L. 100-418, Sec. 1424(c)(3),
    redesignated subsecs. (e) and (f) as (d) and (e), respectively.
    Former subsec. (d) redesignated (c).
      1986 - Subsec. (a)(1). Pub. L. 99-272, Sec. 13004(a)(2),
    substituted "shall (to the extent appropriated funds are available)
    approve" for "may approve" in first sentence.
      Subsec. (a)(1)(A). Pub. L. 99-272, Sec. 13004(a)(1), substituted
    "for an adversely affected worker" for "for a worker".
      Subsec. (a)(2) to (4). Pub. L. 99-272, Sec. 13004(a)(6), added
    pars. (2) to (4). Former pars. (2) and (3) redesignated subsecs.
    (e) and (f), respectively.
      Subsec. (d). Pub. L. 99-272, Sec. 13004(a)(7), added subsec. (d).
      Subsec. (e). Pub. L. 99-272, Sec. 13004(a)(3), (5), redesignated
    par. (2) of subsec. (a) as subsec. (e) and substituted "under
    subsection (a) of this section" for "under paragraph (1)" in two
    places.
      Subsec. (f). Pub. L. 99-272, Sec. 13004(a)(4), (5), redesignated
    par. (3) of subsec. (a) as subsec. (f) and substituted "this
    section" for "this subsection".
      1981 - Subsec. (a). Pub. L. 97-35 redesignated existing
    provisions as par. (1), revised provisions, made changes in
    nomenclature, inserted provisions respecting availability, payment,
    and scope of training, and added pars. (2) and (3).
      Subsec. (b). Pub. L. 97-35 substituted provisions limiting the
    maximum amount of travel expenses on the basis of amounts paid
    under Federal travel regulations for provisions establishing
    specific maximum amounts for subsistence and transportation
    expenses.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(14)(A)] of
    Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
    101(f) [title VIII, Sec. 405(f)(11)(A)] of Pub. L. 105-277
    effective July 1, 2000, see section 101(f) [title VIII, Sec.
    405(g)(1), (2)(B)], set out as a note under section 3502 of Title
    5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1988 AMENDMENTS                 
      Amendment by Pub. L. 100-647 applicable as if such amendment took
    effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,
    set out as an Effective and Termination Dates of 1988 Amendments
    note under section 58c of this title.
      Amendment by section 1424(c)(2), (3) of Pub. L. 100-418 effective
    on date that is 90 days after Aug. 23, 1988, see section 1430(f) of
    Pub. L. 100-418, set out as an Effective Date note under section
    2397 of this title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective for determinations made or
    filed after Sept. 30, 1981, with transition provisions applicable,
    and with the amendment of subsec. (a)(2) of this section
    applicable, except as otherwise provided, to laws for certification
    purposes under section 3304 of title 26 on Oct. 31, of any taxable
    year after 1981, see section 2514 of Pub. L. 97-35, set out as a
    note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions in subsec.
    (d) of this section relating to submitting a quarterly report to
    Congress on funds for training under subsection (a) of this
    section, see section 3003 of Pub. L. 104-66, as amended, set out as
    a note under section 1113 of Title 31, Money and Finance, and page
    124 of House Document No. 103-7.

-FOOTNOTE-               

    (!1) So in original. Probably should be followed by a comma.


-End-



-CITE-
    19 USC Sec. 2297                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division II - Training, Other Employment Services, and Allowances

-HEAD-
    Sec. 2297. Job search allowances

-STATUTE-
    (a) Job search allowance authorized
      (1) In general
        An adversely affected worker covered by a certification issued
      under subpart A of this part may file an application with the
      Secretary for payment of a job search allowance.
      (2) Approval of applications
        The Secretary may grant an allowance pursuant to an application
      filed under paragraph (1) when all of the following apply:
        (A) Assist adversely affected worker
          The allowance is paid to assist an adversely affected worker
        who has been totally separated in securing a job within the
        United States.
        (B) Local employment not available
          The Secretary determines that the worker cannot reasonably be
        expected to secure suitable employment in the commuting area in
        which the worker resides.
        (C) Application
          The worker has filed an application for the allowance with
        the Secretary before - 
            (i) the later of - 
              (I) the 365th day after the date of the certification
            under which the worker is certified as eligible; or
              (II) the 365th day after the date of the worker's last
            total separation; or

            (ii) the date that is the 182d day after the date on which
          the worker concluded training, unless the worker received a
          waiver under section 2291(c) of this title.
    (b) Amount of allowance
      (1) In general
        An allowance granted under subsection (a) of this section shall
      provide reimbursement to the worker of 90 percent of the cost of
      necessary job search expenses as prescribed by the Secretary in
      regulations.
      (2) Maximum allowance
        Reimbursement under this subsection may not exceed $1,250 for
      any worker.
      (3) Allowance for subsistence and transportation
        Reimbursement under this subsection may not be made for
      subsistence and transportation expenses at levels exceeding those
      allowable under section 2296(b) (1) and (2) of this title.
    (c) Exception
      Notwithstanding subsection (b) of this section, the Secretary
    shall reimburse any adversely affected worker for necessary
    expenses incurred by the worker in participating in a job search
    program approved by the Secretary.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 237, Jan. 3, 1975, 88 Stat. 2023;
    Pub. L. 97-35, title XXV, Sec. 2507, Aug. 13, 1981, 95 Stat. 886;
    Pub. L. 98-369, div. B, title VI, Sec. 2672(a), July 18, 1984, 98
    Stat. 1172; Pub. L. 99-272, title XIII, Sec. 13005(a), Apr. 7,
    1986, 100 Stat. 303; Pub. L. 107-210, div. A, title I, Sec. 121,
    Aug. 6, 2002, 116 Stat. 942.)


-MISC1-
                                AMENDMENTS                            
      2002 - Pub. L. 107-210 amended section generally. Prior to
    amendment, section related to applications for job search
    allowances, amounts of allowances, conditions for granting
    allowances, and reimbursement of worker expenses.
      1986 - Subsec. (c). Pub. L. 99-272 added subsec. (c).
      1984 - Subsec. (a)(1). Pub. L. 98-369 substituted "$800" for
    "$600".
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 2507(1), amended
    provisions generally, increasing percent of reimbursement of cost
    of job search from 80 to 90 and maximum amount from $500 to $600,
    and striking out requirement of total separation.
      Subsec. (b)(1). Pub. L. 97-35, Sec. 2507(2)(A), inserted "who has
    been totally separated" after "to assist an adversely affected
    worker".
      Subsec. (b)(3). Pub. L. 97-35, Sec. 2507(2)(B), amended par. (3)
    generally, substituting the 182-day period for a reasonable period
    of time and inserting provision relating to 365 days after
    certification.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective for determinations made or
    filed after Sept. 30, 1981, with transition provisions applicable,
    see section 2514 of Pub. L. 97-35, set out as a note under section
    2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2298                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    Division II - Training, Other Employment Services, and Allowances

-HEAD-
    Sec. 2298. Relocation allowances

-STATUTE-
    (a) Relocation allowance authorized
      (1) In general
        Any adversely affected worker covered by a certification issued
      under subpart A of this part may file an application for a
      relocation allowance with the Secretary, and the Secretary may
      grant the relocation allowance, subject to the terms and
      conditions of this section.
      (2) Conditions for granting allowance
        A relocation allowance may be granted if all of the following
      terms and conditions are met:
        (A) Assist an adversely affected worker
          The relocation allowance will assist an adversely affected
        worker in relocating within the United States.
        (B) Local employment not available
          The Secretary determines that the worker cannot reasonably be
        expected to secure suitable employment in the commuting area in
        which the worker resides.
        (C) Total separation
          The worker is totally separated from employment at the time
        relocation commences.
        (D) Suitable employment obtained
          The worker - 
            (i) has obtained suitable employment affording a reasonable
          expectation of long-term duration in the area in which the
          worker wishes to relocate; or
            (ii) has obtained a bona fide offer of such employment.
        (E) Application
          The worker filed an application with the Secretary before - 
            (i) the later of - 
              (I) the 425th day after the date of the certification
            under subpart A of this part; or
              (II) the 425th day after the date of the worker's last
            total separation; or

            (ii) the date that is the 182d day after the date on which
          the worker concluded training, unless the worker received a
          waiver under section 2291(c) of this title.
    (b) Amount of allowance
      The relocation allowance granted to a worker under subsection (a)
    of this section includes - 
        (1) 90 percent of the reasonable and necessary expenses
      (including, but not limited to, subsistence and transportation
      expenses at levels not exceeding those allowable under section
      2296(b)(1) and (2) of this title specified in regulations
      prescribed by the Secretary) incurred in transporting the worker,
      the worker's family, and household effects; and
        (2) a lump sum equivalent to 3 times the worker's average
      weekly wage, up to a maximum payment of $1,250.
    (c) Limitations
      A relocation allowance may not be granted to a worker unless - 
        (1) the relocation occurs within 182 days after the filing of
      the application for relocation assistance; or
        (2) the relocation occurs within 182 days after the conclusion
      of training, if the worker entered a training program approved by
      the Secretary under section 2296(b)(1) and (2) of this title.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 238, Jan. 3, 1975, 88 Stat. 2024;
    Pub. L. 97-35, title XXV, Sec. 2508, Aug. 13, 1981, 95 Stat. 886;
    Pub. L. 98-369, div. B, title VI, Sec. 2672(b), July 18, 1984, 98
    Stat. 1172; Pub. L. 107-210, div. A, title I, Sec. 122, Aug. 6,
    2002, 116 Stat. 943; Pub. L. 108-429, title II, Sec. 2004(a)(6),
    Dec. 3, 2004, 118 Stat. 2590.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-429 substituted "Secretary)"
    for "Secretary,".
      2002 - Pub. L. 107-210 amended section generally. Prior to
    amendment, section consisted of subsecs. (a) to (d) authorizing
    relocation allowances, specifying the conditions for granting them,
    and defining "relocation allowance".
      1984 - Subsec. (d)(2). Pub. L. 98-369 substituted "$800" for
    "$600".
      1981 - Subsec. (a). Pub. L. 97-35, Sec. 2508(1), inserted
    provisions relating to time for filing application and struck out
    provisions respecting total separation.
      Subsec. (b)(3). Pub. L. 97-35, Sec. 2508(2), added par. (3).
      Subsec. (c). Pub. L. 97-35, Sec. 2508(3), substituted provisions
    respecting 182-day requirements for provisions respecting
    requirements involving entitlements for the week in which the
    application is filed and relocation occurring within a reasonable
    period of time.
      Subsec. (d)(1). Pub. L. 97-35, Sec. 2508(4)(A), increased
    percentage from 80 to 90 percent and inserted provision respecting
    allowable levels of subsistence and travel expenses.
      Subsec. (d)(2). Pub. L. 97-35, Sec. 2508(4)(B), increased maximum
    payment from $500 to $600.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective for determinations made or
    filed after Sept. 30, 1981, with transition provisions applicable,
    see section 2514 of Pub. L. 97-35, set out as a note under section
    2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-


-CITE-
    19 USC subpart c - general provisions                       01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
                      SUBPART C - GENERAL PROVISIONS                  

-End-



-CITE-
    19 USC Sec. 2311                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2311. Agreements with States

-STATUTE-
    (a) Authority of Secretary to enter into agreements
      The Secretary is authorized on behalf of the United States to
    enter into an agreement with any State, or with any State agency
    (referred to in this subpart as "cooperating States" and
    "cooperating States agencies" respectively). Under such an
    agreement, the cooperating State agency (1) as agent of the United
    States, will receive applications for, and will provide, payments
    on the basis provided in this part, (2) where appropriate, but in
    accordance with subsection (f) of this section, will afford
    adversely affected workers testing, counseling, referral to
    training and job search programs, and placement services, (3) will
    make any certifications required under section 2291(c)(2) (!1) of
    this title, and (4) will otherwise cooperate with the Secretary and
    with other State and Federal agencies in providing payments and
    services under this part.

    (b) Amendment, suspension, and termination of agreements
      Each agreement under this subpart shall provide the terms and
    conditions upon which the agreement may be amended, suspended, or
    terminated.
    (c) Unemployment insurance
      Each agreement under this subpart shall provide that unemployment
    insurance otherwise payable to any adversely affected worker will
    not be denied or reduced for any week by reason of any right to
    payments under this part.
    (d) Review
      A determination by a cooperating State agency with respect to
    entitlement to program benefits under an agreement is subject to
    review in the same manner and to the same extent as determinations
    under the applicable State law and only in that manner and to that
    extent.
    (e) Coordination of benefits and assistance
      Any agreement entered into under this section shall provide for
    the coordination of the administration of the provisions for
    employment services, training, and supplemental assistance under
    sections 2295 and 2296 of this title and under title I of the
    Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.] upon such
    terms and conditions as are established by the Secretary in
    consultation with the States and set forth in such agreement. Any
    agency of the State jointly administering such provisions under
    such agreement shall be considered to be a cooperating State agency
    for purposes of this part.
    (f) Advising and interviewing adversely affected workers
      Each cooperating State agency shall, in carrying out subsection
    (a)(2) of this section - 
        (1) advise each worker who applies for unemployment insurance
      of the benefits under this part and the procedures and deadlines
      for applying for such benefits,
        (2) facilitate the early filing of petitions under section 2271
      of this title for any workers that the agency considers are
      likely to be eligible for benefits under this part,
        (3) advise each adversely affected worker to apply for training
      under section 2296(a) of this title before, or at the same time,
      the worker applies for trade readjustment allowances under
      division I of subpart B of this part, and
        (4) as soon as practicable, interview the adversely affected
      worker regarding suitable training opportunities available to the
      worker under section 2296 of this title and review such
      opportunities with the worker.
    (g) Submission of information for coordination of workforce
      investment activities
      In order to promote the coordination of workforce investment
    activities in each State with activities carried out under this
    part, any agreement entered into under this section shall provide
    that the State shall submit to the Secretary, in such form as the
    Secretary may require, the description and information described in
    paragraphs (8) and (14) of section 112(b) of the Workforce
    Investment Act of 1998 [29 U.S.C. 2822(b)].

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 239, Jan. 3, 1975, 88 Stat. 2024;
    Pub. L. 97-35, title XXV, Sec. 2513(d)(6), Aug. 13, 1981, 95 Stat.
    889; Pub. L. 99-272, title XIII, Secs. 13003(a)(3), 13004(c), Apr.
    7, 1986, 100 Stat. 301, 303; Pub. L. 100-418, title I, Secs.
    1423(a)(4), 1424(d)(1)(B), (2), Aug. 23, 1988, 102 Stat. 1246,
    1250; Pub. L. 105-220, title III, Sec. 321, Aug. 7, 1998, 112 Stat.
    1087; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec.
    405(d)(14)(B), (f)(11)(B)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-
    421, 2681-431.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2291(c)(2) of this title, referred to in subsec. (a)(3),
    was subsequently amended, and no longer contains provisions
    relating to certifications.
      The Workforce Investment Act of 1998, referred to in subsec. (e),
    is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title
    I of the Act is classified principally to chapter 30 (Sec. 2801 et
    seq.) of Title 29, Labor. For complete classification of this Act
    to the Code, see Short Title note set out under section 9201 of
    Title 20, Education, and Tables.

-COD-
                               CODIFICATION                           
      Section is comprised of subsecs. (a) to (g) of Pub. L. 93-618.
    Another subsec. (e) of section 239 of Pub. L. 93-618 amended
    section 3302 of Title 26, Internal Revenue Code.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (e). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 405(f)(11)(B)], struck out "title III of the Job Training
    Partnership Act or" before "title I of the".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(14)(B)],
    substituted "under title III of the Job Training Partnership Act or
    title I of the Workforce Investment Act of 1998" for "under title
    III of the Job Training Partnership Act".
      Subsec. (g). Pub. L. 105-220 added subsec. (g).
      1988 - Subsec. (a)(3). Pub. L. 100-418, Sec. 1423(a)(4), amended
    cl. (3) generally. Prior to amendment, cl. (3) read as follows:
    "will make determinations and approvals regarding job search
    programs under sections 2291(c) and 2297(c) of this title, and".
      Subsec. (e). Pub. L. 100-418, Sec. 1424(d)(1)(B), amended subsec.
    (e) generally. Prior to amendment, subsec. (e) read as follows:
    "Agreements entered into under this section may be made with one or
    more State or local agencies including - 
        "(1) the employment service agency of such State,
        "(2) any State agency carrying out title III of the Job
      Training Partnership Act [29 U.S.C. 1651 et seq.], or
        "(3) any other State or local agency administering job training
      or related programs."
      Subsec. (f). Pub. L. 100-418, Sec. 1424(d)(2), amended subsec.
    (f) generally. Prior to amendment, subsec. (f) read as follows:
    "Each cooperating State agency shall, in carrying out subsection
    (a)(2) of this section - 
        "(1) advise each adversely affected worker to apply for
      training under section 2296(a) of this title at the time the
      worker makes application for trade readjustment allowances (but
      failure of the worker to do so may not be treated as cause for
      denial of those allowances), and
        "(2) within 60 days after application for training is made by
      the worker, interview the adversely affected worker regarding
      suitable training opportunities available to the worker under
      section 2296 of this title and review such opportunities with the
      worker."
      1986 - Subsec. (a). Pub. L. 99-272, Sec. 13004(c)(1), inserted
    "but in accordance with subsection (f) of this section," in cl.
    (2).
      Pub. L. 99-272, Sec. 13003(a)(3), substituted "training and job
    search programs" for "training" in cl. (2), added cl. (3), and
    redesignated former cl. (3) as (4).
      Subsecs. (e), (f). Pub. L. 99-272, Sec. 13004(c)(2), added
    subsecs. (e) and (f).
      1981 - Subsec. (a). Pub. L. 97-35 struck out provisions
    respecting persons applying for payments under this part.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(14)(B)] of
    Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section
    101(f) [title VIII, Sec. 405(f)(11)(B)] of Pub. L. 105-277
    effective July 1, 2000, see section 101(f) [title VIII, Sec.
    405(g)(1), (2)(B)], set out as a note under section 3502 of Title
    5, Government Organization and Employees.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by section 1424(d)(1)(B), (2) of Pub. L. 100-418
    effective Aug. 23, 1988, and amendment by section 1423(a)(4) of
    Pub. L. 100-418 effective on the date that is 90 days after Aug.
    23, 1988, see section 1430(a), (f) of Pub. L. 100-418, set out as
    an Effective Date note under section 2397 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by section 13003(a) of Pub. L. 99-272 applicable with
    respect to workers covered by petitions filed under section 2271 of
    this title on or after Apr. 7, 1986, and amendment by section
    13004(c) of Pub. L. 99-272 effective on Apr. 7, 1986, see section
    13009(a), (b) of Pub. L. 99-272, set out as a note under section
    2291 of this title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective Aug. 1981, with transition
    provisions applicable, see section 2514 of Pub. L. 97-35, set out
    as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    19 USC Sec. 2312                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2312. Administration absent State agreement

-STATUTE-
    (a) Promulgation of regulations; fair hearing
      In any State where there is no agreement in force between a State
    or its agency under section 2311 of this title, the Secretary shall
    arrange under regulations prescribed by him for performance of all
    necessary functions under subpart B of this part, including
    provision for a fair hearing for any worker whose application for
    payments is denied.
    (b) Review of final determination
      A final determination under subsection (a) of this section with
    respect to entitlement to program benefits under subpart B of this
    part is subject to review by the courts in the same manner and to
    the same extent as is provided by section 405(g) of title 42.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 240, Jan. 3, 1975, 88 Stat. 2025.)


-MISC1-
                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2313                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2313. Payments to States

-STATUTE-
    (a) Certification to Secretary of the Treasury for payment to
      cooperating States
      The Secretary shall from time to time certify to the Secretary of
    the Treasury for payment to each cooperating State the sums
    necessary to enable such State as agent of the United States to
    make payments provided for by this part.
    (b) Utilization or return of money
      All money paid a State under this section shall be used solely
    for the purposes for which it is paid; and money so paid which is
    not used for such purposes shall be returned, at the time specified
    in the agreement under this subpart, to the Secretary of the
    Treasury.
    (c) Surety bonds
      Any agreement under this subpart may require any officer or
    employee of the State certifying payments or disbursing funds under
    the agreement or otherwise participating in the performance of the
    agreement, to give a surety bond to the United States in such
    amount as the Secretary may deem necessary, and may provide for the
    payment of the cost of such bond from funds for carrying out the
    purposes of this part.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 241, Jan. 3, 1975, 88 Stat. 2025;
    Pub. L. 97-35, title XXV, Sec. 2513(b), Aug. 13, 1981, 95 Stat.
    889.)


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (a). Pub. L. 97-35 struck out provisions relating
    to payment to the State by the Secretary of the Treasury from the
    Adjustment Assistance Trust Fund prior to audit or settlement by
    the General Accounting Office.
      Subsec. (b). Pub. L. 97-35 struck out provisions relating to
    crediting money returned to the Secretary of the Treasury to the
    Adjustment Assistance Trust Fund.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective Aug. 1981, with transition
    provisions applicable, see section 2514 of Pub. L. 97-35, set out
    as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2314                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2314. Liabilities of certifying and disbursing officers

-STATUTE-
    (a) Certifying officer
      No person designated by the Secretary, or designated pursuant to
    an agreement under this subpart, as a certifying officer, shall, in
    the absence of gross negligence or intent to defraud the United
    States, be liable with respect to any payment certified by him
    under this part.
    (b) Disbursing officer
      No disbursing officer shall, in the absence of gross negligence
    or intent to defraud the United States, be liable with respect to
    any payment by him under this part if it was based upon a voucher
    signed by a certifying officer designated as provided in subsection
    (a) of this section.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 242, Jan. 3, 1975, 88 Stat. 2026.)


-MISC1-
                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2315                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2315. Fraud and recovery of overpayments

-STATUTE-
    (a) Repayment; deductions
      (1) If a cooperating State agency, the Secretary, or a court of
    competent jurisdiction determines that any person has received any
    payment under this part to which the person was not entitled,
    including a payment referred to in subsection (b) of this section,
    such person shall be liable to repay such amount to the State
    agency or the Secretary, as the case may be, except that the State
    agency or the Secretary may waive such repayment if such agency or
    the Secretary determines, in accordance with guidelines prescribed
    by the Secretary, that - 
        (A) the payment was made without fault on the part of such
      individual, and
        (B) requiring such repayment would be contrary to equity and
      good conscience.

      (2) Unless an overpayment is otherwise recovered, or waived under
    paragraph (1), the State agency or the Secretary shall recover the
    overpayment by deductions from any sums payable to such person
    under this part, under any Federal unemployment compensation law
    administered by the State agency or the Secretary, or under any
    other Federal law administered by the State agency or the Secretary
    which provides for the payment of assistance or an allowance with
    respect to unemployment, and, notwithstanding any other provision
    of State law or Federal law to the contrary, the Secretary may
    require the State agency to recover any overpayment under this part
    by deduction from any unemployment insurance payable to such person
    under the State law, except that no single deduction under this
    paragraph shall exceed 50 percent of the amount otherwise payable.
    (b) False representation or nondisclosure of material fact
      If a cooperating State agency, the Secretary, or a court of
    competent jurisdiction determines that an individual - 
        (1) knowingly has made, or caused another to make, a false
      statement or representation of a material fact, or
        (2) knowingly has failed, or caused another to fail, to
      disclose a material fact,

    and as a result of such false statement or representation, or of
    such nondisclosure, such individual has received any payment under
    this part to which the individual was not entitled, such individual
    shall, in addition to any other penalty provided by law, be
    ineligible for any further payments under this part.
    (c) Notice of determination; fair hearing; finality
      Except for overpayments determined by a court of competent
    jurisdiction, no repayment may be required, and no deduction may be
    made, under this section until a determination under subsection
    (a)(1) of this section by the State agency or the Secretary, as the
    case may be, has been made, notice of the determination and an
    opportunity for a fair hearing thereon has been given to the
    individual concerned, and the determination has become final.
    (d) Recovered amount returned to Treasury
      Any amount recovered under this section shall be returned to the
    Treasury of the United States.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 243, Jan. 3, 1975, 88 Stat. 2026;
    Pub. L. 97-35, title XXV, Sec. 2509, Aug. 13, 1981, 95 Stat. 887.)


-MISC1-
                                AMENDMENTS                            
      1981 - Subsec. (a). Pub. L. 97-35 designated existing provisions
    as par. (1), revised provisions, made changes in nomenclature and,
    among other changes, inserted provisions respecting waiver, and
    added par. (2).
      Subsec. (b). Pub. L. 97-35 substituted provisions relating to
    ineligibility for other payments for provisions relating to
    deposit, return, and credit of repayments.
      Subsecs. (c), (d). Pub. L. 97-35 added subsecs. (c) and (d).

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, with
    transition provisions applicable, see section 2514 of Pub. L. 97-
    35, set out as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2316                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2316. Penalties

-STATUTE-
      Whoever makes a false statement of a material fact knowing it to
    be false, or knowingly fails to disclose a material fact, for the
    purpose of obtaining or increasing for himself or for any other
    person any payment authorized to be furnished under this part or
    pursuant to an agreement under section 2311 of this title shall be
    fined not more than $1,000 or imprisoned for not more than one
    year, or both.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 244, Jan. 3, 1975, 88 Stat. 2026.)


-MISC1-
                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2317                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2317. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated to the Department of
    Labor, for the period beginning October 1, 2001, and ending
    September 30, 2007, such sums as may be necessary to carry out the
    purposes of this part.
    (b) Period of expenditure
      Funds obligated for any fiscal year to carry out activities under
    sections 2295 through 2298 of this title may be expended by each
    State receiving such funds during that fiscal year and the
    succeeding two fiscal years.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 245, Jan. 3, 1975, 88 Stat. 2026;
    Pub. L. 97-35, title XXV, Sec. 2510, Aug. 13, 1981, 95 Stat. 888;
    Pub. L. 98-120, Sec. 2(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-
    272, title XIII, Sec. 13008(a), Apr. 7, 1986, 100 Stat. 305; Pub.
    L. 100-418, title I, Sec. 1426(b)(1), Aug. 23, 1988, 102 Stat.
    1251; Pub. L. 103-66, title XIII, Sec. 13803(a)(2), Aug. 10, 1993,
    107 Stat. 668; Pub. L. 103-182, title V, Sec. 504, Dec. 8, 1993,
    107 Stat. 2151; Pub. L. 105-277, div. J, title I, Sec. 1012(a),
    Oct. 21, 1998, 112 Stat. 2681-900; Pub. L. 106-113, div. B, Sec.
    1000(a)(5) [title VII, Sec. 702(a)], Nov. 29, 1999, 113 Stat. 1536,
    1501A-319; Pub. L. 107-210, div. A, title I, Secs. 111(a), 120,
    Aug. 6, 2002, 116 Stat. 936, 942; Pub. L. 109-280, title XIV, Sec.
    1635(f)(3), Aug. 17, 2006, 120 Stat. 1171.)


-MISC1-
                                AMENDMENTS                            
      2006 - Subsec. (a). Pub. L. 109-280 struck out ", other than
    subpart D" before period at end.
      2002 - Subsec. (a). Pub. L. 107-210, Sec. 111(a), substituted
    "October 1, 2001, and ending September 30, 2007," for "October 1,
    1998, and ending September 30, 2001,".
      Subsec. (b). Pub. L. 107-210, Sec. 120, amended heading and text
    of subsec. (b) generally. Prior to amendment, text read as follows:
    "There are authorized to be appropriated to the Department of
    Labor, for the period beginning October 1, 2001, and ending
    September 30, 2007, such sums as may be necessary to carry out the
    purposes of subpart D of this part."
      Pub. L. 107-210, Sec. 111(a), substituted "October 1, 2001, and
    ending September 30, 2007," for "October 1, 1998, and ending
    September 30, 2001,".
      1999 - Subsecs. (a), (b). Pub. L. 106-113 substituted "September
    30, 2001" for "June 30, 1999".
      1998 - Subsec. (a). Pub. L. 105-277, Sec. 1012(a)(1), substituted
    "for the period beginning October 1, 1998, and ending June 30,
    1999," for "for each of the fiscal years 1993, 1994, 1995, 1996,
    1997, and 1998,".
      Subsec. (b). Pub. L. 105-277, Sec. 1012(a)(2), substituted "for
    the period beginning October 1, 1998, and ending June 30, 1999,"
    for "for each of fiscal years 1994, 1995, 1996, 1997, and 1998,".
      1993 - Pub. L. 103-182 designated existing provisions as subsec.
    (a), inserted heading and ", other than subpart D" after "this
    part", and added subsec. (b).
      Pub. L. 103-66 substituted "1993, 1994, 1995, 1996, 1997, and
    1998" for "1988, 1989, 1990, 1991, 1992, and 1993".
      1988 - Pub. L. 100-418 substituted "1988, 1989, 1990, 1991, 1992,
    and 1993" for "1986, 1987, 1988, 1989, 1990, and 1991".
      1986 - Pub. L. 99-272 substituted "1986, 1987, 1988, 1989, 1990,
    and 1991" for "1982 through 1985".
      1983 - Pub. L. 98-120 substituted "each of the fiscal years 1982
    through 1985" for "each of fiscal years 1982 and 1983".
      1981 - Pub. L. 97-35 substituted provisions relating to
    authorization of appropriations for fiscal years 1982 and 1983 for
    provisions relating to establishment of the Adjustment Assistance
    Trust Fund.

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-280 applicable with respect to goods
    entered, or withdrawn from warehouse for consumption, on or after
    the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109-
    280, set out as a note under section 58c of this title.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 3 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title VII, Sec.
    702(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-319, provided that:
    "The amendments made by this section [amending this section and
    sections 2331 and 2346 of this title and provisions set out as a
    note preceding section 2271 of this title] shall be effective as of
    July 1, 1999."

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103-
    182, set out as a note under section 2271 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Parts 2 and 3 of this subchapter applicable as if the amendment
    of this section by Pub. L. 99-272 had taken effect Dec. 18, 1985,
    see section 13009(c) of Pub. L. 99-272, set out as a note under
    section 2291 of this title.

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, with
    transition provisions applicable, see section 2514 of Pub. L. 97-
    35, set out as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2318                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2318. Demonstration project for alternative trade adjustment
      assistance for older workers

-STATUTE-
    (a) In general
      (1) Establishment
        Not later than 1 year after August 6, 2002, the Secretary shall
      establish an alternative trade adjustment assistance program for
      older workers that provides the benefits described in paragraph
      (2).
      (2) Benefits
        (A) Payments
          A State shall use the funds provided to the State under
        section 2313 of this title to pay, for a period not to exceed 2
        years, to a worker described in paragraph (3)(B), 50 percent of
        the difference between - 
            (i) the wages received by the worker from reemployment; and
            (ii) the wages received by the worker at the time of
          separation.
        (B) Health insurance
          A worker described in paragraph (3)(B) participating in the
        program established under paragraph (1) is eligible to receive,
        for a period not to exceed 2 years, a credit for health
        insurance costs under section 35 of title 26, as added by
        section 201 of the Trade Act of 2002.
      (3) Eligibility
        (A) Firm eligibility
          (i) In general
            The Secretary shall provide the opportunity for a group of
          workers on whose behalf a petition is filed under section
          2271 of this title to request that the group of workers be
          certified for the alternative trade adjustment assistance
          program under this section at the time the petition is filed.
          (ii) Criteria
            In determining whether to certify a group of workers as
          eligible for the alternative trade adjustment assistance
          program, the Secretary shall consider the following criteria:
              (I) Whether a significant number of workers in the
            workers' firm are 50 years of age or older.
              (II) Whether the workers in the workers' firm possess
            skills that are not easily transferable.
              (III) The competitive conditions within the workers'
            industry.
          (iii) Deadline
            The Secretary shall determine whether the workers in the
          group are eligible for the alternative trade adjustment
          assistance program by the date specified in section 2273(a)
          of this title.
        (B) Individual eligibility
          A worker in the group that the Secretary has certified as
        eligible for the alternative trade adjustment assistance
        program may elect to receive benefits under the alternative
        trade adjustment assistance program if the worker - 
            (i) is covered by a certification under subpart A of this
          part;
            (ii) obtains reemployment not more than 26 weeks after the
          date of separation from the adversely affected employment;
            (iii) is at least 50 years of age;
            (iv) earns not more than $50,000 a year in wages from
          reemployment;
            (v) is employed on a full-time basis as defined by State
          law in the State in which the worker is employed; and
            (vi) does not return to the employment from which the
          worker was separated.
      (4) Total amount of payments
        The payments described in paragraph (2)(A) made to a worker may
      not exceed $10,000 per worker during the 2-year eligibility
      period.
      (5) Limitation on other benefits
        Except as provided in paragraph (2)(B), if a worker is
      receiving payments pursuant to the program established under
      paragraph (1), the worker shall not be eligible to receive any
      other benefits under this subchapter.
    (b) Termination
      (1) In general
        Except as provided in paragraph (2), no payments may be made by
      a State under the program established under subsection (a)(1) of
      this section after the date that is 5 years after the date on
      which such program is implemented by the State.
      (2) Exception
        Notwithstanding paragraph (1), a worker receiving payments
      under the program established under subsection (a)(1) of this
      section on the termination date described in paragraph (1) shall
      continue to receive such payments if the worker meets the
      criteria described in subsection (a)(3)(B) of this section.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 246, as added Pub. L. 107-210, div.
    A, title I, Sec. 124(a), Aug. 6, 2002, 116 Stat. 944; amended Pub.
    L. 108-429, title II, Sec. 2004(a)(7), Dec. 3, 2004, 118 Stat.
    2590.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2318, Pub. L. 93-618, title II, Sec. 246, as
    added Pub. L. 100-418, title I, Sec. 1423(d)(1), Aug. 23, 1988, 102
    Stat. 1246; amended Pub. L. 101-382, title I, Sec. 136, Aug. 20,
    1990, 104 Stat. 652, related to supplemental wage allowance
    demonstration projects, prior to repeal by Pub. L. 107-210, div. A,
    title I, Secs. 124(a), 151, Aug. 6, 2002, 116 Stat. 944, 953,
    applicable to petitions for certification filed under this part or
    part 3 of this subchapter on or after the date that is 90 days
    after Aug. 6, 2002.
      Another prior section 2318, Pub. L. 93-618, title II, Sec. 246,
    Jan. 3, 1975, 88 Stat. 2027, contained transition provisions for
    events taking place during specified periods prior to the effective
    date of this part, prior to repeal by Pub. L. 97-35, title XXV,
    Sec. 2513(c), Aug. 13, 1981, 95 Stat. 889.

                                AMENDMENTS                            
      2004 - Subsec. (a)(3)(B)(iii). Pub. L. 108-429, Sec.
    2004(a)(7)(A), struck out "and" after semicolon.
      Subsec. (a)(5). Pub. L. 108-429, Sec. 2004(a)(7)(B), substituted
    "paragraph (2)(B)" for "section 2298(a)(2)(B) of this title".
      Subsec. (b)(2). Pub. L. 108-429, Sec. 2004(a)(7)(C), substituted
    "if" for "provided that".

                              EFFECTIVE DATE                          
      Section applicable to petitions for certification filed under
    this part or part 3 of this subchapter on or after the date that is
    90 days after Aug. 6, 2002, except as otherwise provided, see
    section 151 of Pub. L. 107-210, set out as an Effective Date of
    2002 Amendment note preceding section 2271 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2319                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2319. Definitions

-STATUTE-
      For purposes of this part - 
        (1) The term "adversely affected employment" means employment
      in a firm or appropriate subdivision of a firm, if workers of
      such firm or subdivision are eligible to apply for adjustment
      assistance under this part.
        (2) The term "adversely affected worker" means an individual
      who, because of lack of work in adversely affected employment - 
          (A) has been totally or partially separated from such
        employment, or
          (B) has been totally separated from employment with the firm
        in a subdivision of which such adversely affected employment
        exists.

        (3) Repealed. Pub. L. 97-35, title XXV, Sec. 2511(1), Aug. 13,
      1981, 95 Stat. 888.
        (4) The term "average weekly wage" means one-thirteenth of the
      total wages paid to an individual in the high quarter. For
      purposes of this computation, the high quarter shall be that
      quarter in which the individual's total wages were highest among
      the first 4 of the last 5 completed calendar quarters immediately
      before the quarter in which occurs the week with respect to which
      the computation is made. Such week shall be the week in which
      total separation occurred, or, in cases where partial separation
      is claimed, an appropriate week, as defined in regulations
      prescribed by the Secretary.
        (5) The term "average weekly hours" means the average hours
      worked by the individual (excluding overtime) in the employment
      from which he has been or claims to have been separated in the 52
      weeks (excluding weeks during which the individual was sick or on
      vacation) preceding the week specified in the last sentence of
      paragraph (4).
        (6) The term "partial separation" means, with respect to an
      individual who has not been totally separated, that he has had - 
          (A) his hours of work reduced to 80 percent or less of his
        average weekly hours in adversely affected employment, and
          (B) his wages reduced to 80 percent or less of his average
        weekly wage in such adversely affected employment.

        (7) Repealed. Pub. L. 97-35, title XXV, Sec. 2511(1), Aug. 13,
      1981, 95 Stat. 888.
        (8) The term "State" includes the District of Columbia and the
      Commonwealth of Puerto Rico; and the term "United States" when
      used in the geographical sense includes such Commonwealth.
        (9) The term "State agency" means the agency of the State which
      administers the State law.
        (10) The term "State law" means the unemployment insurance law
      of the State approved by the Secretary of Labor under section
      3304 of title 26.
        (11) The term "total separation" means the layoff or severance
      of an individual from employment with a firm in which, or in a
      subdivision of which, adversely affected employment exists.
        (12) The term "unemployment insurance" means the unemployment
      compensation payable to an individual under any State law or
      Federal unemployment compensation law, including chapter 85 of
      title 5 and the Railroad Unemployment Insurance Act [45 U.S.C.
      351 et seq.]. The terms "regular compensation", "additional
      compensation", and "extended compensation" have the same
      respective meanings that are given them in section 205(2), (3),
      and (4) of the Federal-State Extended Unemployment Compensation
      Act of 1970 (26 U.S.C. 3304 note).
        (13) The term "week" means a week as defined in the applicable
      State law.
        (14) The term "week of unemployment" means a week of total,
      part-total, or partial unemployment as determined under the
      applicable State law or Federal unemployment insurance law.
        (15) The term "benefit period" means, with respect to an
      individual - 
          (A) the benefit year and any ensuing period, as determined
        under applicable State law, during which the individual is
        eligible for regular compensation, additional compensation, or
        extended compensation, or
          (B) the equivalent to such a benefit year or ensuing period
        provided for under the applicable Federal unemployment
        insurance law.

        (16) The term "on-the-job training" means training provided by
      an employer to an individual who is employed by the employer.
        (17)(A) The term "job search program" means a job search
      workshop or job finding club.
        (B) The term "job search workshop" means a short (1 to 3 days)
      seminar designed to provide participants with knowledge that will
      enable the participants to find jobs. Subjects are not limited
      to, but should include, labor market information, resume writing,
      interviewing techniques, and techniques for finding job openings.
        (C) The term "job finding club" means a job search workshop
      which includes a period (1 to 2 weeks) of structured, supervised
      activity in which participants attempt to obtain jobs.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 247, Jan. 3, 1975, 88 Stat. 2028;
    Pub. L. 97-35, title XXV, Sec. 2511, Aug. 13, 1981, 95 Stat. 888;
    Pub. L. 99-272, title XIII, Secs. 13004(b), 13005(b), Apr. 7, 1986,
    100 Stat. 303.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Railroad Unemployment Insurance Act, referred to in par.
    (12), is act June 25, 1938, ch. 680, 52 Stat. 1094, as amended,
    which is classified principally to chapter 11 (Sec. 351 et seq.) of
    Title 45, Railroads. For complete classification of this Act to the
    Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1986 - Pars. (16), (17). Pub. L. 99-272 added pars. (16) and
    (17).
      1981 - Par. (3). Pub. L. 97-35, Sec. 2511(1), struck out par. (3)
    defining "average weekly manufacturing wage".
      Par. (7). Pub. L. 97-35, Sec. 2511(1), struck out par. (7)
    defining "remuneration".
      Par. (12). Pub. L. 97-35, Sec. 2511(2), revised par. (12)
    generally, inserting definitions of "regular compensation",
    "additional compensation", and "extended compensation".
      Par. (14). Pub. L. 97-35, Sec. 2511(3), substituted provisions
    requiring determination under the applicable State law or Federal
    unemployment insurance law for provisions requiring computation
    applying percent of average weekly wage and time spent prior to
    separation.
      Par. (15). Pub. L. 97-35, Sec. 2511(4), added par. (15).

        EFFECTIVE DATE OF 1981 AMENDMENT AND TRANSITION PROVISIONS    
      Amendment by Pub. L. 97-35 applicable to allowances payable for
    weeks of unemployment which begin after Sept. 30, 1981, with
    transition provisions applicable, see section 2514 of Pub. L. 97-
    35, set out as a note under section 2291 of this title.

                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2320                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2320. Regulations

-STATUTE-
      The Secretary shall prescribe such regulations as may be
    necessary to carry out the provisions of this part.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 248, Jan. 3, 1975, 88 Stat. 2029.)


-MISC1-
                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2321                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2321. Subpena power

-STATUTE-
    (a) Subpena by Secretary
      The Secretary may require by subpena the attendance of witnesses
    and the production of evidence necessary for him to make a
    determination under the provisions of this part.
    (b) Court order
      If a person refuses to obey a subpena issued under subsection (a)
    of this section, a United States district court within the
    jurisdiction of which the relevant proceeding under this part is
    conducted may, upon petition by the Secretary, issue an order
    requiring compliance with such subpena.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 249, Jan. 3, 1975, 88 Stat. 2029.)


-MISC1-
                             TERMINATION DATE                         
      No trade adjustment assistance, vouchers, allowances, or other
    payments or benefits may be provided under this part after Sept.
    30, 2007, except as otherwise provided, see section 285 of Pub. L.
    93-618, as amended, set out as a note preceding section 2271 of
    this title.

-End-



-CITE-
    19 USC Sec. 2322                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart c - general provisions

-HEAD-
    Sec. 2322. Repealed.

-MISC1-
    Sec. 2322. Repealed. Pub. L. 107-210, div. A, title I, Sec.
      123(b)(2), Aug. 6, 2002, 116 Stat. 944.
      Section, Pub. L. 93-618, title II, Sec. 249A, as added Pub. L.
    103-182, title V, Sec. 503(c), Dec. 8, 1993, 107 Stat. 2151,
    prohibited assistance relating to a separation pursuant to
    certifications under both subparts A and D of this part.

                             PRIOR PROVISIONS                         
      A prior section 2322, Pub. L. 93-618, title II, Sec. 250, Jan. 3,
    1975, 88 Stat. 2029, provided for judicial review for workers or
    groups aggrieved by a final determination by the Secretary under
    section 2273 of this title, prior to repeal by Pub. L. 96-417,
    title VI, Sec. 612, title VII, Sec. 701(a), Oct. 10, 1980, 94 Stat.
    1746, 1747, effective Nov. 1, 1980, and applicable with respect to
    civil actions pending on or commenced on or after such date. See
    section 2395 of this title.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal applicable with respect to petitions filed under this part
    on or after the date that is 90 days after Aug. 6, 2002, except
    with respect to certain workers, see section 123(c) of Pub. L. 107-
    210, set out as a note under section 2331 of this title.

-End-


-CITE-
    19 USC subpart d - nafta transitional adjustment
           assistance program                              01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart d - nafta transitional adjustment assistance program

-HEAD-
       SUBPART D - NAFTA TRANSITIONAL ADJUSTMENT ASSISTANCE PROGRAM   

-End-



-CITE-
    19 USC Sec. 2331                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 2 - Adjustment Assistance for Workers
    subpart d - nafta transitional adjustment assistance program

-HEAD-
    Sec. 2331. Repealed.

-MISC1-
    Sec. 2331. Repealed. Pub. L. 107-210, div. A, title I, Sec. 123(a),
      Aug. 6, 2002, 116 Stat. 944.
      Section, Pub. L. 93-618, title II, Sec. 250, as added Pub. L. 103-
    182, title V, Sec. 502, Dec. 8, 1993, 107 Stat. 2149; amended Pub.
    L. 105-277, div. J, title I, Sec. 1012(b), Oct. 21, 1998, 112 Stat.
    2681-901; Pub. L. 106-113, div. B, Sec. 1000(a)(5) [title VII, Sec.
    702(b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-319, established a
    NAFTA transitional adjustment assistance program.

                             PRIOR PROVISIONS                         
      A prior section 250 of Pub. L. 93-618, title II, Jan. 3, 1975, 88
    Stat. 2029, provided for judicial review for workers or groups
    aggrieved by a final determination by the Secretary under section
    2273 of this title, and was classified to section 2322 of this
    title, prior to repeal by Pub. L. 96-417.

                         EFFECTIVE DATE OF REPEAL                     
      Pub. L. 107-210, div. A, title I, Sec. 123(c), Aug. 6, 2002, 116
    Stat. 944, provided that:
      "(1) In general. - The amendments made by this section [amending
    sections 2275 and 2395 of this title and repealing this subpart and
    section 2322 of this title] shall apply with respect to petitions
    filed under chapter 2 of title II of the Trade Act of 1974 [this
    part], on or after the date that is 90 days after the date of
    enactment of this Act [Aug. 6, 2002].
      "(2) Workers certified as eligible before effective date. -
    Notwithstanding subsection (a), a worker receiving benefits under
    chapter 2 of title II of the Trade Act of 1974 shall continue to
    receive (or be eligible to receive) benefits and services under
    chapter 2 of title II of the Trade Act of 1974, as in effect on the
    day before the amendments made by this section take effect under
    subsection (a), for any week for which the worker meets the
    eligibility requirements of such chapter 2 as in effect on such
    date."

-End-


-CITE-
    19 USC Part 3 - Adjustment Assistance for Firms             01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
                 PART 3 - ADJUSTMENT ASSISTANCE FOR FIRMS             


-MISC1-
                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    September 30, 2007, see section 285 of Pub. L. 93-618, as amended,
    set out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2341                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2341. Petitions and determinations

-STATUTE-
    (a) Filing of petition; receipt of petition; initiation of
      investigation
      A petition for a certification of eligibility to apply for
    adjustment assistance under this part may be filed with the
    Secretary of Commerce (hereinafter in this part referred to as the
    "Secretary") by a firm (including any agricultural firm) or its
    representative. Upon receipt of the petition, the Secretary shall
    promptly publish notice in the Federal Register that he has
    received the petition and initiated an investigation.
    (b) Public hearing
      If the petitioner, or any other person, organization, or group
    found by the Secretary to have a substantial interest in the
    proceedings, submits not later than 10 days after the date of the
    Secretary's publication under subsection (a) of this section a
    request for a hearing, the Secretary shall provide for a public
    hearing and afford such interested persons an opportunity to be
    present, to produce evidence, and to be heard.
    (c) Certification
      (1) The Secretary shall certify a firm (including any
    agricultural firm) as eligible to apply for adjustment assistance
    under this part if the Secretary determines - 
        (A) that a significant number or proportion of the workers in
      such firm have become totally or partially separated, or are
      threatened to become totally or partially separated,
        (B) that - 
          (i) sales or production, or both, of such firm have decreased
        absolutely, or
          (ii) sales or production, or both, of an article that
        accounted for not less than 25 percent of the total production
        or sales of the firm during the 12-month period preceding the
        most recent 12-month period for which data are available have
        decreased absolutely, and

        (C) increases of imports of articles like or directly
      competitive with articles which are produced by such firm
      contributed importantly to such total or partial separation, or
      threat thereof, and to such decline in sales or production.

      (2) For purposes of paragraph (1)(C) - 
        (A) The term "contributed importantly" means a cause which is
      important but not necessarily more important than any other
      cause.
        (B)(i) Any firm which engages in exploration or drilling for
      oil or natural gas shall be considered to be a firm producing oil
      or natural gas.
        (ii) Any firm that engages in exploration or drilling for oil
      or natural gas, or otherwise produces oil or natural gas, shall
      be considered to be producing articles directly competitive with
      imports of oil and with imports of natural gas.
    (d) Allowable period for determination
      A determination shall be made by the Secretary as soon as
    possible after the date on which the petition is filed under this
    section, but in any event not later than 60 days after that date.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 251, Jan. 3, 1975, 88 Stat. 2030;
    Pub. L. 99-272, title XIII, Sec. 13002(b), Apr. 7, 1986, 100 Stat.
    300; Pub. L. 100-418, title I, Sec. 1421(a)(2), (b)(2), Aug. 23,
    1988, 102 Stat. 1243, 1244.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c). Pub. L. 100-418, Sec. 1421(a)(2), amended
    subsec. (c) generally. Prior to amendment, subsec. (c) read as
    follows: "The Secretary shall certify a firm (including any
    agricultural firm) as eligible to apply for adjustment assistance
    under this part if he determines - 
        "(1) that a significant number or proportion of the workers in
      such firm have become totally or partially separated, or are
      threatened to become totally or partially separated.
        "(2) that - 
          "(A) sales or production, or both, of the firm have decreased
        absolutely, or
          "(B) sales or production, or both, of an article that
        accounted for not less than 25 percent of the total production
        or sales of the firm during the 12-month period preceding the
        most recent 12-month period for which data are available have
        decreased absolutely, and
        "(3) that increases of imports of articles like or directly
      competitive with articles produced by such firm contributed
      importantly to such total or partial separation, or threat
      thereof, and to such decline in sales or production.
    For purposes of paragraph (3), the term 'contributed importantly'
    means a cause which is important but not necessarily more important
    than any other cause."
      Subsec. (c)(1)(C). Pub. L. 100-418, Sec. 1421(b)(2), directed the
    general amendment of subpar. (C) adding provisions relating to
    provision of essential goods or services by such firm, which
    amendment did not become effective pursuant to section 1430(d) of
    Pub. L. 100-418, as amended, set out as an Effective Date note
    under section 2397 of this title.
      1986 - Subsecs. (a), (c). Pub. L. 99-272, Sec. 13002(b)(1),
    inserted "(including any agricultural firm)" after "firm".
      Subsec. (c)(2). Pub. L. 99-272, Sec. 13002(b)(2), amended par.
    (2) generally, designating existing provisions as subpar. (A),
    substituting "of the firm have decreased absolutely, or" for "of
    such firm have decreased absolutely, and", and adding subpar. (B).

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2342                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2342. Approval of adjustment proposals

-STATUTE-
    (a) Application for adjustment assistance
      A firm certified under section 2341 of this title as eligible to
    apply for adjustment assistance may, at any time within 2 years
    after the date of such certification, file an application with the
    Secretary for adjustment assistance under this part. Such
    application shall include a proposal for the economic adjustment of
    such firm.
    (b) Technical assistance
      (1) Adjustment assistance under this part consists of technical
    assistance. The Secretary shall approve a firm's application for
    adjustment assistance only if the Secretary determines that the
    firm's adjustment proposal - 
        (A) is reasonably calculated to materially contribute to the
      economic adjustment of the firm,
        (B) gives adequate consideration to the interests of the
      workers of such firm, and
        (C) demonstrates that the firm will make all reasonable efforts
      to use its own resources for economic development.

      (2) The Secretary shall make a determination as soon as possible
    after the date on which an application is filed under this section,
    but in no event later than 60 days after such date.
    (c) Termination of certification of eligibility
      Whenever the Secretary determines that any firm no longer
    requires assistance under this part, he shall terminate the
    certification of eligibility of such firm and promptly have notice
    of such termination published in the Federal Register. Such
    termination shall take effect on the termination date specified by
    the Secretary.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 252, Jan. 3, 1975, 88 Stat. 2030;
    Pub. L. 99-272, title XIII, Sec. 13006(a)(1), (2), Apr. 7, 1986,
    100 Stat. 304.)


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b)(1). Pub. L. 99-272, Sec. 13006(a)(1), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "Adjustment assistance under this part consists of technical
    assistance and financial assistance, which may be furnished singly
    or in combination. The Secretary shall approve a firm's application
    for adjustment assistance only if he determines - 
        "(A) that the firm has no reasonable access to financing
      through the private capital market, and
        "(B) that the firm's adjustment proposal - 
          "(i) is reasonably calculated materially to contribute to the
        economic adjustment of the firm,
          "(ii) gives adequate consideration to the interests of the
        workers of such firm, and
          "(iii) demonstrates that the firm will make all reasonable
        efforts to use its own resources for economic development."
      Subsecs. (c), (d). Pub. L. 99-272, Sec. 13006(a)(2), redesignated
    subsec. (d) as (c) and struck out former subsec. (c) which
    authorized the Secretary to assist an eligible firm in the
    preparation of a viable adjustment proposal.

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2343                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2343. Technical assistance

-STATUTE-
    (a) Discretion of Secretary; types of assistance
      The Secretary may provide a firm, on terms and conditions as the
    Secretary determines to be appropriate, with such technical
    assistance as in his judgment will carry out the purposes of this
    part with respect to the firm. The technical assistance furnished
    under this part may consist of one or more of the following:
        (1) Assistance to a firm in preparing its petition for
      certification of eligibility under section 2341 of this title.
        (2) Assistance to a certified firm in developing a proposal for
      its economic adjustment.
        (3) Assistance to a certified firm in the implementation of
      such a proposal.
    (b) Utilization of existing agencies, private individuals, etc., in
      furnishing assistance; grants to intermediary organizations
      (1) The Secretary shall furnish technical assistance under this
    part through existing agencies and through private individuals,
    firms, or institutions (including private consulting services), or
    by grants to intermediary organizations (including Trade Adjustment
    Assistance Centers).
      (2) In the case of assistance furnished through private
    individuals, firms, or institutions (including private consulting
    services), the Secretary may share the cost thereof (but not more
    than 75 percent of such cost for assistance described in paragraph
    (2) or (3) of subsection (a) of this section may be borne by the
    United States).
      (3) The Secretary may make grants to intermediary organizations
    in order to defray up to 100 percent of administrative expenses
    incurred in providing such technical assistance to a firm.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 253, Jan. 3, 1975, 88 Stat. 2031;
    Pub. L. 97-35, title XXV, Sec. 2521, Aug. 13, 1981, 95 Stat. 890;
    Pub. L. 99-272, title XIII, Sec. 13006(a)(3), Apr. 7, 1986, 100
    Stat. 304.)


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (b)(2). Pub. L. 99-272 substituted "such cost for
    assistance described in paragraph (2) or (3) of subsection (a) of
    this section" for "such cost".
      1981 - Subsec. (a). Pub. L. 97-35 amended subsec. (a) generally,
    incorporating provisions formerly contained in subsec. (b) and, in
    those provisions, substituted discretionary language for non-
    discretionary language relating to the assistance furnished and
    allowed the giving of assistance to firms in the preparation of
    their petitions for certification of eligibility under section 2341
    of this title.
      Subsec. (b). Pub. L. 97-35 amended subsec. (b) generally,
    incorporating in pars. (1) and (2) provisions formerly contained in
    subsec. (c), inserted reference to grants to intermediary
    organizations (including Trade Adjustment Assistance Centers) in
    par. (1), and added par. (3). Provisions formerly contained in
    subsec. (b) were transferred to subsec. (a).
      Subsec. (c). Pub. L. 97-35 struck out subsec. (c) and transferred
    the provisions to subsec. (b)(1) and (2).

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Section 2529 of Pub. L. 97-35 provided that:
      "(a) Subject to subsection (b), the amendments made by this
    subtitle [subtitle B (Secs. 2521-2529) of title XXV of Pub. L. 97-
    35, enacting section 2355 of this title, amending this section and
    sections 2344 to 2347 of this title, and repealing section 2353 of
    this title] shall take effect on the date of the enactment of this
    Act [Aug. 13, 1981].
      "(b) Applications for adjustment assistance under chapter 3 of
    title II of the Trade Act of 1974 [this part] which the Secretary
    of Commerce accepted for processing before the date of the
    enactment of this Act [Aug. 13, 1981] shall continue to be
    processed in accordance with the requirements of such chapter as in
    effect before such date of enactment."

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2344                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2344. Financial assistance

-STATUTE-
    (a) Direct loans and guarantees of loans
      The Secretary may provide to a firm, on such terms and conditions
    as he determines to be appropriate, such financial assistance in
    the form of direct loans or guarantees of loans as in his judgment
    will materially contribute to the economic adjustment of the firm.
    The assumption of an outstanding indebtedness of the firm, with or
    without recourse, shall be considered to be the making of a loan
    for purposes of this section.
    (b) Allowable purposes
      Loans or guarantees of loans shall be made under this part only
    for the purpose of making funds available to the firm - 
        (1) for acquisition, construction, installation, modernization,
      development, conversion, or expansion of land, plant, buildings,
      equipment, facilities, or machinery, or
        (2) to supply such working capital as may be necessary to
      enable the firm to implement its adjustment proposal.
    (c) Limitation on direct loans
      No direct loan may be provided to a firm under this part if the
    firm can obtain loan funds from private sources (with or without a
    guarantee) at a rate no higher than the maximum interest per annum
    that a participating financial institution may establish on
    guaranteed loans made pursuant to section 636(a) of title 15.
    (d) Limitations on loans and guarantees
      Notwithstanding any other provision of this part, no direct loans
    or guarantees of loans may be made under this part after April 7,
    1986.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 254, Jan. 3, 1975, 88 Stat. 2031;
    Pub. L. 97-35, title XXV, Sec. 2522, Aug. 13, 1981, 95 Stat. 891;
    Pub. L. 99-272, title XIII, Sec. 13006(b), Apr. 7, 1986, 100 Stat.
    304.)


-MISC1-
                                AMENDMENTS                            
      1986 - Subsec. (d). Pub. L. 99-272 added subsec. (d).
      1981 - Subsec. (c). Pub. L. 97-35 substituted provisions relating
    to limitation on direct loans on the basis of interest rates on
    loans under section 636(a) of title 15 for provisions relating to
    limitation on direct loans on the basis of interest rates under
    section 2345(b) of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
    otherwise provided with respect to applications for adjustment
    assistance, see section 2529 of Pub. L. 97-35, set out as a note
    under section 2343 of this title.

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2345                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2345. Conditions for financial assistance

-STATUTE-
    (a) Unavailability of firm's resources; reasonable assurance of
      repayment
      No financial assistance shall be provided under this part unless
    the Secretary determines - 
        (1) that the funds required are not available from the firm's
      own resources; and
        (2) that there is reasonable assurance of repayment of the
      loan.
    (b) Interest rates
      (1) The rate of interest on direct loans made under this part
    shall be - 
        (A) a rate determined by the Secretary of the Treasury taking
      into consideration the current average market yield on
      outstanding marketable obligations of the United States with
      remaining periods of maturity that are comparable to the average
      maturities of such loans, adjusted to the nearest one-eighth of 1
      percent, plus
        (B) an amount adequate in the judgment of the Secretary of
      Commerce to cover administrative costs and probable losses under
      the program.

      (2) The Secretary may not guarantee any loan under this part if -
    
        (A) the rate of interest on either the portion to be
      guaranteed, or the portion not to be guaranteed, is determined by
      the Secretary to be excessive when compared with other loans
      bearing Federal guarantees and subject to similar terms and
      conditions, and
        (B) the interest on the loan is exempt from Federal income
      taxation under section 103 of title 26.
    (c) Maturity of loans
      The Secretary shall make no loan or guarantee of a loan under
    section 2344(b)(1) of this title having a maturity in excess of 25
    years or the useful life of the fixed assets (whichever period is
    shorter), including renewals and extensions; and shall make no loan
    or guarantee of a loan under section 2344(b)(2) of this title
    having a maturity in excess of 10 years, including extensions and
    renewals. Such limitations on maturities shall not, however, apply -
     
        (1) to securities or obligations received by the Secretary as
      claimant in bankruptcy or equitable reorganization, or as
      creditor in other proceedings attendant upon insolvency of the
      obligor, or
        (2) to an extension or renewal for an additional period not
      exceeding 10 years, if the Secretary determines that such
      extension or renewal is reasonably necessary for the orderly
      liquidation or servicing of the loan.
    (d) Priority for small firms; servicing of loans
      (1) In making guarantees of loans, and in making direct loans,
    the Secretary shall give priority to firms which are small within
    the meaning of the Small Business Act [15 U.S.C. 631 et seq.] (and
    regulations promulgated thereunder).
      (2) For any direct loan made, or any loan guaranteed, under the
    authority of this part, the Secretary may enter into arrangements
    for the servicing, including foreclosure, of such loans or
    evidences of indebtedness on terms which are reasonable and which
    protect the financial interests of the United States.
    (e) Loan guarantee conditions
      The following conditions apply with respect to any loan
    guaranteed under this part:
        (1) No guarantee may be made for an amount which exceeds 90
      percent of the outstanding balance of the unpaid principal and
      interest on the loan.
        (2) The loan may be evidenced by multiple obligations for the
      guaranteed and nonguaranteed portions of the loan.
        (3) The guarantee agreement shall be conclusive evidence of the
      eligibility of any obligation guaranteed thereunder for such
      guarantee, and the validity of any guarantee agreement shall be
      incontestable, except for fraud or misrepresentation by the
      holder.
    (f) Operating reserves
      The Secretary shall maintain operating reserves with respect to
    anticipated claims under guarantees made under this part. Such
    reserves shall be considered to constitute obligations for purposes
    of sections 1108(c) and (d), 1501, and 1502(a) of title 31.
    (g) Fees to lenders which make loan guarantees
      The Secretary may charge a fee to a lender which makes a loan
    guaranteed under this part in such amount as is necessary to cover
    the cost of administration of such guarantee.
    (h) Maximum aggregate amount of outstanding guaranteed or direct
      loans
      (1) The aggregate amount of loans made to any firm which are
    guaranteed under this part and which are outstanding at any time
    shall not exceed $3,000,000.
      (2) The aggregate amount of direct loans made to any firm under
    this part which are outstanding at any time shall not exceed
    $1,000,000.
    (i) Preference for firms having employee stock ownership plans
      (1) When considering whether to grant a direct loan or to
    guarantee a loan to a corporation which is otherwise certified
    under section 2341 of this title, the Secretary shall give
    preference to a corporation which agrees with respect to such loan
    to fulfill the following requirements - 
        (A) 25 percent of the principal amount of the loan is paid by
      the lender to a qualified trust established under an employee
      stock ownership plan established and maintained by the recipient
      corporation, by a parent or subsidiary of such corporation, or by
      several corporations including the recipient corporation,
        (B) the employee stock ownership plan meets the requirements of
      this subsection, and
        (C) the agreement among the recipient corporation, the lender,
      and the qualified trust relating to the loan meets the
      requirements of this section.

      (2) An employee stock ownership plan does not meet the
    requirements of this subsection unless the governing instrument of
    the plan provides that - 
        (A) the amount of the loan paid under paragraph (1)(A) to the
      qualified trust will be used to purchase qualified employer
      securities,
        (B) the qualified trust will repay to the lender the amount of
      such loan, together with the interest thereon, out of amounts
      contributed to the trust by the recipient corporation, and
        (C) from time to time, as the qualified trust repays such
      amount, the trust will allocate qualified employer securities
      among the individual accounts of participants and their
      beneficiaries in accordance with the provisions of paragraph (4).

      (3) The agreement among the recipient corporation, the lender,
    and the qualified trust does not meet the requirements of this
    subsection unless - 
        (A) it is unconditionally enforceable by any party against the
      others, jointly and severally,
        (B) it provides that the liability of the qualified trust to
      repay loan amounts paid to the qualified trust may not, at any
      time, exceed an amount equal to the amount of contributions
      required under paragraph (2)(B) which are actually received by
      such trust,
        (C) it provides that amounts received by the recipient
      corporation from the qualified trust for qualified employer
      securities purchased for the purpose of this subsection will be
      used exclusively by the recipient corporation for those purposes
      for which it may use that portion of the loan paid directly to it
      by the lender,
        (D) it provides that the recipient corporation may not reduce
      the amount of its equity capital during the one year period
      beginning on the date on which the qualified trust purchases
      qualified employer securities for purposes of this subsection,
      and
        (E) it provides that the recipient corporation will make
      contributions to the qualified trust of not less than such
      amounts as are necessary for such trust to meet its obligation to
      make repayments of principal and interest on the amount of the
      loan received by the trust without regard to whether such
      contributions are deductible by the corporation under section 404
      of title 26 and without regard to any other amounts the recipient
      corporation is obligated under law to contribute to or under the
      employee stock ownership plan.

      (4) At the close of each plan year, an employee stock ownership
    plan shall allocate to the accounts of participating employees that
    portion of the qualified employer securities the cost of which
    bears substantially the same ratio to the cost of all the qualified
    employer securities purchased under paragraph (2)(A) of this
    subsection as the amount of the loan principal and interest repaid
    by the qualified trust during that year bears to the total amount
    of the loan principal and interest payable by such trust during the
    term of such loan. Qualified employer securities allocated to the
    individual account of a participant during one plan year must bear
    substantially the same proportion to the amount of all such
    securities allocated to all participants in the plan as the amount
    of compensation paid to such participant bears to the total amount
    of compensation paid to all such participants during that year.
      (5) For purposes of this subsection, the term - 
        (A) "employee stock ownership plan" means a plan described in
      section 4975(e)(7) of title 26,
        (B) "qualified trust" means a trust established under an
      employee stock ownership plan and meeting the requirements of
      title I of the Employee Retirement Income Security Act of 1974
      [29 U.S.C. 1001 et seq.] and section 401 of title 26,
        (C) "qualified employer securities" means common stock issued
      by the recipient corporation or by a parent or subsidiary of such
      corporation with voting power and dividend rights no less
      favorable than the voting power and dividend rights on other
      common stock issued by the issuing corporation and with voting
      power being exercised by the participants in the employee stock
      ownership plan after it is allocated to their plan accounts, and
        (D) "equity capital" means, with respect to the recipient
      corporation, the sum of its money and other property (in an
      amount equal to the adjusted basis of such property but
      disregarding adjustments made on account of depreciation or
      amortization made during the period described in paragraph
      (3)(D)), less the amount of its indebtedness.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 255, Jan. 3, 1975, 88 Stat. 2031;
    Pub. L. 97-35, title XXV, Sec. 2523, Aug. 13, 1981, 95 Stat. 891;
    Pub. L. 98-120, Sec. 4(a), Oct. 12, 1983, 97 Stat. 809; Pub. L. 99-
    514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Small Business Act, referred to in subsec. (d)(1), is Pub. L.
    85-536, July 18, 1958, 72 Stat. 384, as amended, which is
    classified generally to chapter 14A (Sec. 631 et seq.) of Title 15,
    Commerce and Trade. For complete classification of this Act to the
    Code, see Short Title note set out under section 631 of Title 15
    and Tables.
      The Employee Retirement Income Security Act of 1974, referred to
    in subsec. (i)(5)(B), is Pub. L. 93-406, Sept. 2, 1974, 88 Stat.
    829, as amended. Title I of the Employee Retirement Income Security
    Act of 1974 is classified generally to subchapter I (Sec. 1001 et
    seq.) of chapter 18 of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    1001 of Title 29 and Tables.

-COD-
                               CODIFICATION                           
      In subsec. (f), "sections 1108(c) and (d), 1501, and 1502(a) of
    title 31" substituted for "section 1311 of the Supplemental
    Appropriation Act, 1955 (31 U.S.C. 200)" on authority of Pub. L. 97-
    258, Sec. 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section
    of which enacted Title 31, Money and Finance.


-MISC1-
                                AMENDMENTS                            
      1986 - Subsecs. (b)(2)(B), (i)(3)(E), (5)(A), (B). Pub. L. 99-514
    substituted "Internal Revenue Code of 1986" for "Internal Revenue
    Code of 1954", which for purposes of codification was translated as
    "title 26" thus requiring no change in text.
      1983 - Subsec. (i). Pub. L. 98-120 added subsec. (i).
      1981 - Subsec. (b). Pub. L. 97-35, Sec. 2523(1), amended subsec.
    (b) generally, substituting provisions limiting the maximum rate of
    interest on loans guaranteed under this part on the basis of
    comparison with other Federally guarantee loans for provisions
    limiting the maximum interest rate on the basis of 15 U.S.C. 636(a)
    and inserting provisions prohibiting the guarantee of loans if the
    interest is tax exempt.
      Subsec. (c). Pub. L. 97-35, Sec. 2523(2), inserted references to
    section 2344 of this title, alternative limitation of useful life
    of asset, and prohibition of guarantees in excess of 10 years in
    provisions preceding par. (1) and inserted "or servicing" in par.
    (2).
      Subsec. (d). Pub. L. 97-35, Sec. 2523(3), designated existing
    provisions as par. (1) and added par. (2).
      Subsec. (e). Pub. L. 97-35, Sec. 2523(4), substituted provisions
    respecting conditions applicable to loan guarantees for provisions
    relating to percentage maximum on loan guarantees which are covered
    in par. (1).

                     EFFECTIVE DATE OF 1983 AMENDMENT                 
      Section 4(b) of Pub. L. 98-120 provided that: "The amendment made
    by subsection (a) [amending this section] shall become effective on
    the date of the enactment of this Act [Oct. 12, 1983]."

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
    otherwise provided with respect to applications for adjustment
    assistance, see section 2529 of Pub. L. 97-35, set out as a note
    under section 2343 of this title.

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2346                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2346. Delegation of functions to Small Business Administration

-STATUTE-
    (a) Delegation of functions as to eligibility certification
      In the case of any firm which is small (within the meaning of the
    Small Business Act [15 U.S.C. 631 et seq.] and regulations
    promulgated thereunder), the Secretary may delegate all of his
    functions under this part (other than the functions under sections
    2341 and 2342(d) (!1) of this title with respect to the
    certification of eligibility and section 2354 of this title) to the
    Administrator of the Small Business Administration.

    (b) Authorization of appropriations
      There are authorized to be appropriated to the Secretary
    $16,000,000 for each of fiscal years 2003 through 2007, to carry
    out the Secretary's functions under this part in connection with
    furnishing adjustment assistance to firms. Amounts appropriated
    under this subsection shall remain available until expended.
    (c) Transfer of unexpended appropriations
      The unexpended balances of appropriations authorized by section
    1912(d) (!1) of this title are transferred to the Secretary to
    carry out his functions under this part.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 256, Jan. 3, 1975, 88 Stat. 2032;
    Pub. L. 97-35, title XXV, Sec. 2524, Aug. 13, 1981, 95 Stat. 892;
    Pub. L. 99-272, title XIII, Sec. 13008(b), Apr. 7, 1986, 100 Stat.
    305; Pub. L. 100-418, title I, Sec. 1426(b)(2), Aug. 23, 1988, 102
    Stat. 1251; Pub. L. 103-66, title XIII, Sec. 13803(a)(2), Aug. 10,
    1993, 107 Stat. 668; Pub. L. 105-277, div. J, title I, Sec.
    1012(c), Oct. 21, 1998, 112 Stat. 2681-901; Pub. L. 106-113, div.
    B, Sec. 1000(a)(5) [title VII, Sec. 702(c)], Nov. 29, 1999, 113
    Stat. 1536, 1501A-319; Pub. L. 107-210, div. A, title I, Secs.
    111(b), 131, Aug. 6, 2002, 116 Stat. 936, 946; Pub. L. 108-429,
    title II, Sec. 2004(a)(3), Dec. 3, 2004, 118 Stat. 2589.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Small Business Act, referred to in subsec. (a), is Pub. L. 85-
    536, July 18, 1958, 72 Stat. 384, as amended, which is classified
    generally to chapter 14A (Sec. 631 et seq.) of Title 15, Commerce
    and Trade. For complete classification of this Act to the Code, see
    Short Title note set out under section 631 of Title 15 and Tables.
      Section 2342(d) of this title, referred to in subsec. (a), was
    redesignated section 2342(c) of this title by Pub. L. 99-272, title
    XIII, Sec. 13006(a)(2), Apr. 7, 1986, 100 Stat. 304.
      Section 1912 of this title, referred to in subsec. (c), was
    repealed by section 602(e) of Pub. L. 93-618. See section 2341 et
    seq. of this title for successor provisions.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b). Pub. L. 108-429 deemed amendment by Pub. L.
    107-210, Sec. 111(b), never to have been enacted. See 2002
    Amendment note below.
      2002 - Subsec. (b). Pub. L. 107-210, Sec. 131, amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows:
    "There are hereby authorized to be appropriated to the Secretary
    for the period beginning October 1, 1998, and ending September 30,
    2001, such sums as may be necessary to carry out his functions
    under this part in connection with furnishing adjustment assistance
    to firms (including, but not limited to, the payment of principal,
    interest, and reasonable costs incident to default on loans
    guaranteed by the Secretary under the authority of this part),
    which sums are authorized to be appropriated to remain available
    until expended."
      Pub. L. 107-210, Sec. 111(b), substituted "October 1, 2001, and
    ending September 30, 2007," for "October 1, 1998, and ending
    September 30, 2001". Pub. L. 108-429, title II, Sec. 2004(a)(3),
    provided that the amendment by Pub. L. 107-210, Sec. 111(b), shall
    be deemed never to have been enacted.
      1999 - Subsec. (b). Pub. L. 106-113 substituted "September 30,
    2001" for "June 30, 1999".
      1998 - Subsec. (b). Pub. L. 105-277 substituted "for the period
    beginning October 1, 1998, and ending June 30, 1999" for "for
    fiscal years 1993, 1994, 1995, 1996, 1997, and 1998".
      1993 - Subsec. (b). Pub. L. 103-66 substituted "1993, 1994, 1995,
    1996, 1997, and 1998" for "1988, 1989, 1990, 1991, 1992, and 1993".
      1988 - Subsec. (b). Pub. L. 100-418 substituted "1988, 1989,
    1990, 1991, 1992, and 1993" for "1986, 1987, 1988, 1989, 1990, and
    1991".
      1986 - Subsec. (b). Pub. L. 99-272 inserted "for fiscal years
    1986, 1987, 1988, 1989, 1990, and 1991" after "Secretary", struck
    out "from time to time" after "as may be necessary", and struck out
    "Direct loans and commitments to guarantee loans may be made under
    this part during any fiscal year only to such extent and in such
    amounts as are provided in advance in appropriations Acts." after
    "available until expended."
      1981 - Subsec. (b). Pub. L. 97-35 inserted provisions relating to
    payment of principal, interest, and reasonable costs, incident to
    defaults on guaranteed loans and provisions relating to direct
    loans and commitments to guarantee loans.

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-210 applicable to petitions for
    certification filed under this part or part 2 of this subchapter on
    or after the date that is 90 days after Aug. 6, 2002, except as
    otherwise provided, see section 151 of Pub. L. 107-210, set out as
    a note preceding section 2271 of this title.

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective as of July 1, 1999, see
    section 1000(a)(5) [title VII, Sec. 702(e)] of Pub. L. 106-113, set
    out as a note under section 2317 of this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Parts 2 and 3 of this subchapter applicable as if the amendment
    of this section by Pub. L. 99-272 had taken effect Dec. 18, 1985,
    see section 13009(c) of Pub. L. 99-272, set out as a note under
    section 2291 of this title.

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
    otherwise provided with respect to applications for adjustment
    assistance, see section 2529 of Pub. L. 97-35, set out as a note
    under section 2343 of this title.

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    19 USC Sec. 2347                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2347. Administration of financial assistance

-STATUTE-
    (a) Powers of Secretary
      In making and administering guarantees and loans under section
    2344 of this title, the Secretary may - 
        (1) require security for any such guarantee or loan, and
      enforce, waive, or subordinate such security;
        (2) assign or sell at public or private sale, or otherwise
      dispose of, upon such terms and conditions and for such
      consideration as he shall determine to be reasonable, any
      evidence of debt, contract, claim, personal property, or security
      assigned to or held by him in connection with such guarantees or
      loans, and collect, compromise, and obtain deficiency judgments
      with respect to all obligations assigned to or held by him in
      connection with such guarantees or loans until such time as such
      obligations may be referred to the Attorney General for suit or
      collection;
        (3) renovate, improve, modernize, complete, insure, rent, sell,
      or otherwise deal with, upon such terms and conditions and for
      such consideration as he shall determine to be reasonable, any
      real or personal property conveyed to or otherwise acquired by
      him in connection with such guarantees or loans;
        (4) acquire, hold, transfer, release, or convey any real or
      personal property or any interest therein whenever deemed
      necessary or appropriate, and execute all legal documents for
      such purposes; and
        (5) exercise all such other powers and take all such other acts
      as may be necessary or incidental to the carrying out of
      functions pursuant to section 2344 of this title.
    (b) Recordation of mortgages
      Any mortgage acquired as security under subsection (a) of this
    section shall be recorded under applicable State law.
    (c) Availability of receipts for financing functions
      All repayments of loans, payments of interest, and other receipts
    arising out of transactions entered into by the Secretary pursuant
    to this part, shall be available for financing functions performed
    under this part, including administrative expenses in connection
    with such functions.
    (d) Privileged or confidential information
      To the extent the Secretary deems it appropriate, and consistent
    with the provisions of section 552(b)(4) and section 552b(c)(4) of
    title 5, that portion of any record, material or data received by
    the Secretary in connection with any application for financial
    assistance under this part which contains trade secrets or
    commercial or financial information regarding the operation or
    competitive position of any business shall be deemed to be
    privileged or confidential within the meaning of those provisions.
    (e) Capital assets secured by first lien; exceptions
      Direct loans made, or loans guaranteed, under this part for the
    acquisition or development of real property or other capital assets
    shall ordinarily be secured by a first lien on the assets to be
    financed and shall be fully amortized. To the extent that the
    Secretary finds that exceptions to these standards are necessary to
    achieve the objectives of this part, he shall develop appropriate
    criteria for the protection of the interests of the United States.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 257, Jan. 3, 1975, 88 Stat. 2033;
    Pub. L. 97-35, title XXV, Sec. 2525, Aug. 13, 1981, 95 Stat. 892.)


-MISC1-
                                AMENDMENTS                            
      1981 - Subsecs. (d), (e). Pub. L. 97-35 added subsecs. (d) and
    (e).

                     EFFECTIVE DATE OF 1981 AMENDMENT                 
      Amendment by Pub. L. 97-35 effective Aug. 13, 1981, except as
    otherwise provided with respect to applications for adjustment
    assistance, see section 2529 of Pub. L. 97-35, set out as as a note
    under section 2343 of this title.

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

    DEPOSIT OF RECEIPTS FROM TRANSACTIONS UNDER THIS PART INTO ECONOMIC
                        DEVELOPMENT REVOLVING FUND
      Pub. L. 100-202, Sec. 101(a) [title I, Sec. 106], Dec. 22, 1987,
    101 Stat. 1329, 1329-7, provided that: "Notwithstanding any other
    provision of law, including section 257(c) of the Trade Act of
    1974, as amended [19 U.S.C. 2347(c)], and section 203 of the Public
    Works and Economic Development Act of 1965, as amended [42 U.S.C.
    3143], principal and interest repayments from loans, proceeds from
    the sale of loan assets or collateral, and other receipts arising
    out of transactions entered into pursuant to title II, chapter 3 of
    the Trade Act of 1974 [19 U.S.C. 2341 et seq.] shall be deposited
    into the economic development revolving fund established under
    section 203 of the Public Works and Economic Development Act of
    1965 beginning October 1, 1987: Provided, That payments of
    obligations in connection with loans guaranteed under the authority
    of the Trade Act of 1974 [19 U.S.C. 2101 et seq.] or the Public
    Works and Economic Development Act of 1965 [42 U.S.C. 3121 et
    seq.], and any related expenses, shall be made from funds available
    in the economic development revolving fund: Provided further, That
    deposits to the economic development revolving fund of amounts
    appropriated for, or received in connection with, activities
    authorized under the Trade Act of 1974, made prior to October 1,
    1987, shall be deemed valid deposits."

-End-



-CITE-
    19 USC Sec. 2348                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2348. Protective provisions

-STATUTE-
    (a) Recordkeeping
      Each recipient of adjustment assistance under this part shall
    keep records which fully disclose the amount and disposition by
    such recipient of the proceeds, if any, of such adjustment
    assistance, and which will facilitate an effective audit. The
    recipient shall also keep such other records as the Secretary may
    prescribe.
    (b) Audit and examination
      The Secretary and the Comptroller General of the United States
    shall have access for the purpose of audit and examination to any
    books, documents, papers, and records of the recipient pertaining
    to adjustment assistance under this part.
    (c) Certifications
      No adjustment assistance under this part shall be extended to any
    firm unless the owners, partners, or officers certify to the
    Secretary - 
        (1) the names of any attorneys, agents, and other persons
      engaged by or on behalf of the firm for the purpose of expediting
      applications for such adjustment assistance; and
        (2) the fees paid or to be paid to any such person.
    (d) Conflicts of interest
      No financial assistance shall be provided to any firm under this
    part unless the owners, partners, or officers shall execute an
    agreement binding them and the firm for a period of 2 years after
    such financial assistance is provided, to refrain from employing,
    tendering any office or employment to, or retaining for
    professional services any person who, on the date such assistance
    or any part thereof was provided, or within 1 year prior thereto,
    shall have served as an officer, attorney, agent, or employee
    occupying a position or engaging in activities which the Secretary
    shall have determined involve discretion with respect to the
    provision of such financial assistance.

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


-MISC1-
                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2349                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2349. Penalties

-STATUTE-
      Whoever makes a false statement of a material fact knowing it to
    be false, or knowingly fails to disclose a material fact, or
    whoever willfully overvalues any security, for the purpose of
    influencing in any way a determination under this part, or for the
    purpose of obtaining money, property, or anything of value under
    this part, shall be fined not more than $5,000 or imprisoned for
    not more than 2 years, or both.

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


-MISC1-
                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2350                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2350. Civil actions

-STATUTE-
      In providing technical and financial assistance under this part
    the Secretary may sue and be sued in any court of record of a State
    having general jurisdiction or in any United States district court,
    and jurisdiction is conferred upon such district court to determine
    such controversies without regard to the amount in controversy; but
    no attachment, injunction, garnishment, or other similar process,
    mesne or final, shall be issued against him or his property.
    Nothing in this section shall be construed to except the activities
    pursuant to sections 2343 and 2344 of this title from the
    application of sections 516, 547, and 2679 of title 28.

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


-MISC1-
                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2351                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2351. "Firm" defined

-STATUTE-
      For purposes of this part, the term "firm" includes an individual
    proprietorship, partnership, joint venture, association,
    corporation (including a development corporation), business trust,
    cooperative, trustee in bankruptcy, and receiver under decree of
    any court. A firm, together with any predecessor or successor firm,
    or any affiliated firm controlled or substantially beneficially
    owned by substantially the same persons, may be considered a single
    firm where necessary to prevent unjustifiable benefits.

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


-MISC1-
                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2352                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2352. Regulations

-STATUTE-
      The Secretary shall prescribe such regulations as may be
    necessary to carry out the provisions of this part.

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


-MISC1-
                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2353                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2353. Repealed.

-MISC1-
    Sec. 2353. Repealed. Pub. L. 97-35, title XXV, Sec. 2526, Aug. 13,
      1981, 95 Stat. 893.
      Section, Pub. L. 93-618, title II, Sec. 263, Jan. 3, 1975, 88
    Stat. 2034, contained transitional provisions for certain events
    occurring prior to the effective date of this part.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Aug. 13, 1981, except as otherwise provided with
    respect to applications for adjustment assistance, see section 2529
    of Pub. L. 97-35, set out as an Effective Date of 1981 Amendment
    note under section 2343 of this title.

-End-



-CITE-
    19 USC Sec. 2354                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2354. Study by Secretary of Commerce when International Trade
      Commission begins investigation

-STATUTE-
    (a) Subject matter of study
      Whenever the Commission begins an investigation under section
    2252 of this title with respect to an industry, the Commission
    shall immediately notify the Secretary of such investigation, and
    the Secretary shall immediately begin a study of - 
        (1) the number of firms in the domestic industry producing the
      like or directly competitive article which have been or are
      likely to be certified as eligible for adjustment assistance, and
        (2) the extent to which the orderly adjustment of such firms to
      the import competition may be facilitated through the use of
      existing programs.
    (b) Report; publication
      The report of the Secretary of the study under subsection (a) of
    this section shall be made to the President not later than 15 days
    after the day on which the Commission makes its report under
    section 2252(f) of this title. Upon making its report to the
    President, the Secretary shall also promptly make it public (with
    the exception of information which the Secretary determines to be
    confidential) and shall have a summary of it published in the
    Federal Register.
    (c) Information to firms
      Whenever the Commission makes an affirmative finding under
    section 2252(b) of this title that increased imports are a
    substantial cause of serious injury or threat thereof with respect
    to an industry, the Secretary shall make available, to the extent
    feasible, full information to the firms in such industry about
    programs which may facilitate the orderly adjustment to import
    competition of such firms, and he shall provide assistance in the
    preparation and processing of petitions and applications of such
    firms for program benefits.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 264, Jan. 3, 1975, 88 Stat. 2035;
    Pub. L. 100-418, title I, Sec. 1401(b)(1)(B), Aug. 23, 1988, 102
    Stat. 1239.)


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (a). Pub. L. 100-418 substituted "section 2252"
    for "section 2251".
      Subsec. (b). Pub. L. 100-418 substituted "section 2252(f)" for
    "section 2251".
      Subsec. (c). Pub. L. 100-418 substituted "section 2252(b)" for
    "section 2251(b)".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective Aug. 23, 1988, and
    applicable with respect to investigations initiated under part 1
    (Sec. 2251 et seq.) of this subchapter on or after that date, see
    section 1401(c) of Pub. L. 100-418, set out as a note under section
    2251 of this title.

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-



-CITE-
    19 USC Sec. 2355                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 3 - Adjustment Assistance for Firms

-HEAD-
    Sec. 2355. Assistance to industry; authorization of appropriations

-STATUTE-
    (a) Technical assistance
      The Secretary may provide technical assistance, on such terms and
    conditions as the Secretary deems appropriate, for the
    establishment of industrywide programs for new product development,
    new process development, export development, or other uses
    consistent with the purposes of this part. Such technical
    assistance may be provided through existing agencies, private
    individuals, firms, universities and institutions, and by grants,
    contracts, or cooperative agreements to associations, unions, or
    other nonprofit industry organizations in which a substantial
    number of firms or workers have been certified as eligible to apply
    for adjustment assistance under section 2273 or 2341 of this title.
    (b) Expenditures
      Expenditures for technical assistance under this section may be
    up to $10,000,000 annually per industry and shall be made under
    such terms and conditions as the Secretary deems appropriate.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 265, as added Pub. L. 97-35, title
    XXV, Sec. 2527, Aug. 13, 1981, 95 Stat. 893; amended Pub. L. 98-
    369, div. B, title VI, Sec. 2673, July 18, 1984, 98 Stat. 1172.)


-MISC1-
                                AMENDMENTS                            
      1984 - Subsec. (a). Pub. L. 98-369, Sec. 2673(1), inserted "or
    workers" after "of firms" and inserted reference to section 2273 of
    this title.
      Subsec. (b). Pub. L. 98-369, Sec. 2673(2), substituted
    "$10,000,000" for "$2,000,000".

                              EFFECTIVE DATE                          
      Section effective Aug. 13, 1981, except as otherwise provided
    with respect to applications for adjustment assistance, see section
    2529 of Pub. L. 97-35, set out as an Effective Date of 1981
    Amendment note under section 2343 of this title.

                             TERMINATION DATE                         
      No technical assistance to be provided under this part after
    Sept. 30, 2007, see section 285 of Pub. L. 93-618, as amended, set
    out as a note preceding section 2271 of this title.

-End-


-CITE-
    19 USC Part 4 - Adjustment Assistance for Communities       01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 4 - Adjustment Assistance for Communities

-HEAD-
              PART 4 - ADJUSTMENT ASSISTANCE FOR COMMUNITIES          

-End-



-CITE-
    19 USC Secs. 2371 to 2374                                   01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 4 - Adjustment Assistance for Communities

-HEAD-
    Secs. 2371 to 2374. Omitted

-COD-
                               CODIFICATION                           
      Sections 2371 to 2374 were omitted as terminated Sept. 30, 1982,
    pursuant to section 285 of Pub. L. 93-618, as amended, set out as a
    Termination Date note preceding section 2271 of this title. Section
    285 of Pub. L. 93-618 was amended generally by Pub. L. 107-210 and
    no longer contains provisions relating to the termination of this
    part.
      Section 2371, Pub. L. 93-618, title II, Sec. 271, Jan. 3, 1975,
    88 Stat. 2035, related to petitions and determinations.
      Section 2372, Pub. L. 93-618, title II, Sec. 272, Jan. 3, 1975,
    88 Stat. 2036, related to Trade Impacted Area Councils for
    Adjustment Assistance.
      Section 2373, Pub. L. 93-618, title II, Sec. 273, Jan. 3, 1975,
    88 Stat. 2037, related to program benefits.
      Section 2374, Pub. L. 93-618, title II, Sec. 274, Jan. 3, 1975,
    88 Stat. 2040, related to Community Adjustment Assistance Fund.

-End-


-CITE-
    19 USC Part 5 - Miscellaneous Provisions                    01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
                     PART 5 - MISCELLANEOUS PROVISIONS                 

-End-



-CITE-
    19 USC Sec. 2391                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
    Sec. 2391. GAO study and report

-STATUTE-
    (a) Adjustment assistance programs
      The Comptroller General of the United States shall conduct a
    study of the adjustment assistance programs established under parts
    2, 3, and 4 of this subchapter and shall report the results of such
    study to the Congress no later than January 31, 1980. Such report
    shall include an evaluation of - 
        (1) the effectiveness of such programs in aiding workers,
      firms, and communities to adjust to changed economic conditions
      resulting from changes in the patterns of international trade;
      and
        (2) the coordination of the administration of such programs and
      other Government programs which provide unemployment compensation
      and relief to depressed areas.
    (b) Assistance from Labor and Commerce Departments
      In carrying out his responsibilities under this section, the
    Comptroller General shall, to the extent practical, avail himself
    of the assistance of the Departments of Labor and Commerce. The
    Secretaries of Labor and Commerce shall make available to the
    Comptroller General any assistance necessary for an effective
    evaluation of the adjustment assistance programs established under
    this subchapter.

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

-End-



-CITE-
    19 USC Sec. 2392                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
    Sec. 2392. Adjustment Assistance Coordinating Committee

-STATUTE-
      There is established the Adjustment Assistance Coordinating
    Committee to consist of a Deputy United States Trade Representative
    as Chairman, and the officials charged with adjustment assistance
    responsibilities of the Departments of Labor and Commerce and the
    Small Business Administration. It shall be the function of the
    Committee to coordinate the adjustment assistance policies,
    studies, and programs of the various agencies involved and to
    promote the efficient and effective delivery of adjustment
    assistance benefits.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 281, Jan. 3, 1975, 88 Stat. 2040;
    1979 Reorg. Plan No. 3, Sec. 1(c), eff. Jan. 2, 1980, 44 F.R.
    69274, 93 Stat. 1381.)

-CHANGE-
                              CHANGE OF NAME                          
      "Deputy United States Trade Representative" substituted in text
    for "Deputy Special Trade Representative", meaning Deputy Special
    Representative for Trade Negotiations, pursuant to Reorg. Plan No.
    3 of 1979, Sec. 1(c), 44 F.R. 69274, 93 Stat. 1381, eff. Jan. 2,
    1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan.
    2, 1980, 45 F.R. 993, set out as notes under section 2171 of this
    title. See, also, section 2171 of this title as amended by Pub. L.
    97-456.

-End-



-CITE-
    19 USC Sec. 2393                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
    Sec. 2393. Trade monitoring system

-STATUTE-
      The Secretary of Commerce and the Secretary of Labor shall
    establish and maintain a program to monitor imports of articles
    into the United States which will reflect changes in the volume of
    such imports, the relation of such imports to changes in domestic
    production, changes in employment within domestic industries
    producing articles like or directly competitive with such imports,
    and the extent to which such changes in production and employment
    are concentrated in specific geographic regions of the United
    States. A summary of the information gathered under this section
    shall be published regularly and provided to the Adjustment
    Assistance Coordinating Committee, the International Trade
    Commission, and to the Congress.

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

-End-



-CITE-
    19 USC Sec. 2394                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
    Sec. 2394. Firms relocating in foreign countries

-STATUTE-
      Before moving productive facilities from the United States to a
    foreign country, every firm should - 
        (1) provide notice of the move to its employees who are likely
      to be totally or partially separated as a result of the move at
      least 60 days before the date of such move, and
        (2) provide notice of the move to the Secretary of Labor and
      the Secretary of Commerce on the same day it notifies employees
      under paragraph (1).

      (b) (!1) It is the sense of the Congress that every such firm
    should - 

        (1) apply for and use all adjustment assistance for which it is
      eligible under this subchapter,
        (2) offer employment opportunities in the United States, if any
      exist, to its employees who are totally or partially separated
      workers as a result of the move, and
        (3) assist in relocating employees to other locations in the
      United States where employment opportunities exist.

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

-FOOTNOTE-
    (!1) So in original. The first paragraph was not designated subsec.
         (a).


-End-



-CITE-
    19 USC Sec. 2395                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
    Sec. 2395. Judicial review

-STATUTE-
    (a) Petition for review; time and place of filing
      A worker, group of workers, certified or recognized union, or
    authorized representative of such worker or group aggrieved by a
    final determination of the Secretary of Labor under section 2273 of
    this title, a firm or its representative or any other interested
    domestic party aggrieved by a final determination of the Secretary
    of Commerce under section 2341 of this title, an agricultural
    commodity producer (as defined in section 2401(2) of this title)
    aggrieved by a determination of the Secretary of Agriculture under
    section 2401b of this title, or a community or any other interested
    domestic party aggrieved by a final determination of the Secretary
    of Commerce under section 2371 (!1) of this title may, within sixty
    days after notice of such determination, commence a civil action in
    the United States Court of International Trade for review of such
    determination. The clerk of such court shall send a copy of the
    summons and the complaint in such action to the Secretary of Labor,
    the Secretary of Commerce, or the Secretary of Agriculture, as the
    case may be. Upon receiving a copy of such summons and complaint,
    such Secretary shall promptly certify and file in such court the
    record on which he based such determination.

    (b) Findings of fact by Secretary; conclusiveness; new or modified
      findings
      The findings of fact by the Secretary of Labor, the Secretary of
    Commerce, or the Secretary of Agriculture, as the case may be, if
    supported by substantial evidence, shall be conclusive; but the
    court, for good cause shown, may remand the case to such Secretary
    to take further evidence, and such Secretary may thereupon make new
    or modified findings of fact and may modify his previous action,
    and shall certify to the court the record of the further
    proceedings. Such new or modified findings of fact shall likewise
    be conclusive if supported by substantial evidence.
    (c) Determination; review by Supreme Court
      The Court of International Trade shall have jurisdiction to
    affirm the action of the Secretary of Labor, the Secretary of
    Commerce, or the Secretary of Agriculture, as the case may be, or
    to set such action aside, in whole or in part. The judgment of the
    Court of International Trade shall be subject to review by the
    United States Court of Appeals for the Federal Circuit as
    prescribed by the rules of such court. The judgment of the Court of
    Appeals for the Federal Circuit shall be subject to review by the
    Supreme Court of the United States upon certiorari as provided in
    section 1256 (!1) of title 28.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 284, as added Pub. L. 96-417, title
    VI, Sec. 613(a), Oct. 10, 1980, 94 Stat. 1746; amended Pub. L. 97-
    164, title I, Sec. 163(a)(5), Apr. 2, 1982, 96 Stat. 49; Pub. L.
    103-182, title V, Sec. 503(d), Dec. 8, 1993, 107 Stat. 2151; Pub.
    L. 107-210, div. A, title I, Secs. 123(b)(4), 142(a), Aug. 6, 2002,
    116 Stat. 944, 953; Pub. L. 108-429, title II, Sec. 2004(a)(11)(A),
    Dec. 3, 2004, 118 Stat. 2590.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 2371 of this title, referred to in subsec. (a), was
    omitted from the Code as terminated Sept. 30, 1982, pursuant to
    section 285 of Pub. L. 93-618, as amended, set out as a Termination
    Date note preceding section 2271 of this title.
      Section 1256 of title 28, referred to in subsec. (c), was
    repealed by Pub. L. 97-164, title I, Sec. 123, Apr. 2, 1982, 96
    Stat. 36.


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-429, Sec. 2004(a)(11)(A), amended directory
    language of Pub. L. 107-210, Sec. 142(a)(1). See 2002 Amendment
    notes below.
      2002 - Subsec. (a). Pub. L. 107-210, Sec. 142(a)(1), as amended
    by Pub. L. 108-429, Sec. 2004(a)(11)(A), inserted "an agricultural
    commodity producer (as defined in section 2401(2) of this title)
    aggrieved by a determination of the Secretary of Agriculture under
    section 2401b of this title," after "section 2341 of this title,"
    in first sentence and substituted ", the Secretary of Commerce, or
    the Secretary of Agriculture" for "or the Secretary of Commerce" in
    second sentence.
      Pub. L. 107-210, Sec. 123(b)(4), struck out "or section 2331(c)
    of this title" after "section 2273 of this title".
      Subsecs. (b), (c). Pub. L. 107-210, Sec. 142(a)(1)(B), as amended
    by Pub. L. 108-429, Sec. 2004(a)(11)(A)(i), substituted ", the
    Secretary of Commerce, or the Secretary of Agriculture" for "or the
    Secretary of Commerce".
      1993 - Subsec. (a). Pub. L. 103-182 inserted reference to section
    2331(c) of this title.
      1982 - Subsec. (c). Pub. L. 97-164 substituted "Court of Appeals
    for the Federal Circuit" for "Court of Customs and Patent Appeals".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by section 123(b)(4) of Pub. L. 107-210 applicable with
    respect to petitions filed under this part on or after the date
    that is 90 days after Aug. 6, 2002, except with respect to certain
    workers, see section 123(c) of Pub. L. 107-210, set out as an
    Effective Date of Repeal note under section 2331 of this title.
      Amendment by section 142(a) of Pub. L. 107-210 effective on the
    date that is 180 days after Aug. 6, 2002, see section 141(b) of
    Pub. L. 107-210, set out as an Effective Date note under section
    2401 of this title.

                     EFFECTIVE DATE OF 1993 AMENDMENT                 
      Amendment by Pub. L. 103-182 effective on the date the North
    American Free Trade Agreement enters into force with respect to the
    United States [Jan. 1, 1994], see section 506(a) of Pub. L. 103-
    182, set out as a note under section 2271 of this title.

                     EFFECTIVE DATE OF 1982 AMENDMENT                 
      Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
    402 of Pub. L. 97-164, set out as a note under section 171 of Title
    28, Judiciary and Judicial Procedure.

                              EFFECTIVE DATE                          
      Section applicable with respect to civil actions commenced on or
    after Nov. 1, 1980, see section 701(b)(3) of Pub. L. 96-417 set out
    as an Effective Date of 1980 Amendment note under section 251 of
    Title 28, Judiciary and Judicial Procedure.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    19 USC Sec. 2396                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
    Sec. 2396. Omitted

-MISC1-
      Section, Pub. L. 93-618, title II, Sec. 286, as added Pub. L. 100-
    418, title I, Sec. 1427(a), Aug. 23, 1988, 102 Stat. 1251, which
    established the Trade Adjustment Assistance Trust Fund, did not
    become effective pursuant to section 1430(c) of Pub. L. 100-418, as
    amended, set out as an Effective Date note under section 2397 of
    this title.

-End-



-CITE-
    19 USC Sec. 2397                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 5 - Miscellaneous Provisions

-HEAD-
    Sec. 2397. Omitted

-MISC1-
      Section, Pub. L. 93-618, title II, Sec. 287, as added Pub. L. 100-
    418, title I, Sec. 1428(b), Aug. 23, 1988, 102 Stat. 1255, which
    imposed an additional fee, did not become effective pursuant to
    section 1430(b) of Pub. L. 100-418, as amended, set out below.

                              EFFECTIVE DATE                          
      Section 1430 of Pub. L. 100-418, as amended by Pub. L. 100-647,
    title IX, Sec. 9001(a)(21), Nov. 10, 1988, 102 Stat. 3808, provided
    that:
      "(a) In General. - Except as otherwise provided by this section,
    the amendments made by this part [part 3 (Secs. 1421-1430) of
    subtitle D of title I of Pub. L. 100-418, enacting this section and
    sections 2318 and 2396 of this title, amending sections 2272, 2275,
    2291 to 2293, 2295, 2296, 2311, 2317, 2341, and 2346 of this title,
    and amending provisions set out as a note preceding section 2271 of
    this title] shall take effect on the date of enactment of this Act
    [Aug. 23, 1988].
      "(b) Additional Fee. - 
        "(1) Except as otherwise provided in this subsection, the
      amendment made by section 1428(b) [enacting this section] shall
      apply (if at all) to any article entered, or withdrawn from
      warehouse for consumption, after the date that is 30 days after
      the earlier of - 
          "(A) the date on which the President submits to the Congress
        the written statement described in section 1428(a)(3)(A) [set
        out as a note below],
          "(B) the date that is 2 years after the date of enactment of
        this Act [Aug. 23, 1988], or
          "(C) the date of the enactment of a disapproval resolution
        that passes both Houses of the Congress within the 90-day
        period beginning on the date that is 2 years after the date of
        enactment of this Act.
        "(2) If the President determines on the date that is 2 years
      after the date of enactment of this Act that the fee imposed by
      the amendment made by section 1428(b) is not in the national
      economic interest, subparagraph (B) of paragraph (1) shall not be
      taken into account in applying the provisions of paragraph (1).
      [See Determination of President of the United States, No. 90-34,
      set out below.]
        "(3) The amendment made by section 1428(b) shall apply (if at
      all) to the products of any foreign country described in section
      1428(a)(1)(B) [set out as a note below] that are entered, or
      withdrawn from warehouse for consumption, after the later of - 
          "(A) the first date on which the fee imposed by such
        amendment applies with respect to products of foreign countries
        that are not described in section 1428(a)(1)(B), or
          "(B) the date on which the President submits to the Congress
        the written statement described in section 1428(a)(3)(B) [set
        out as a note below] certifying the consent of such foreign
        country to the imposition of the fee.
      "(c) Trust Fund. - The amendments made by section 1427 [enacting
    section 2396 of this title] shall take effect on the first date on
    which the amendment made by section 1428(b) [enacting this section]
    applies with respect to any articles.
      "(d) Eligibility of Workers and Firms. - The amendments made by
    sections 1421(b) and 1424(b) [amending sections 2272, 2296, and
    2341 of this title] shall take effect on the date that is 1 year
    after the first date on which the amendment made by section 1428(b)
    [enacting this section] applies with respect to any articles.
      "(e) Notification Requirements. - The amendments made by section
    1422 [amending section 2275 of this title] shall take effect on the
    date that is 30 days after the date of enactment of this Act [Aug.
    23, 1988].
      "(f) Training Requirement. - The amendments made by subsections
    (a), (b)(2), and (c)(2) of section 1423 and by paragraphs (2) and
    (3) of section 1424(c) [amending sections 2291 to 2293, 2296, and
    2311 of this title] shall take effect on the date that is 90 days
    after the date of enactment of this Act [Aug. 23, 1988].
      "(g) Limitation on Period for Which Trade Readjustment Allowances
    May Be Made. - The amendment made by section 1425(a) [amending
    section 2293 of this title] shall not apply with respect to any
    total separation of a worker from adversely affected employment
    (within the meaning of section 247 of such Act [19 U.S.C. 2319])
    that occurs before the date of enactment of this Act [Aug. 23,
    1988] if the application of such amendment with respect to such
    total separation would reduce the period for which such worker
    would (but for such amendment) be allowed to receive trade
    readjustment allowances under part I of subchapter B of chapter 2
    of title II of the Trade Act of 1974 [19 U.S.C. 2291 et seq.]."

              IMPOSITION OF SMALL UNIFORM FEE ON ALL IMPORTS          
      Section 1428(a) of Pub. L. 100-418 provided that:
      "(1) The President shall - 
        "(A) undertake negotiations necessary to achieve changes in the
      General Agreement on Tariffs and Trade that would allow any
      country to impose a small uniform fee of not more than 0.15
      percent on all imports to such country for the purpose of using
      the revenue from such fee to fund programs which directly assist
      adjustment to import competition, and
        "(B) undertake negotiations with any foreign country that has
      entered into a free trade agreement with the United States under
      subtitle A [Secs. 1101 to 1125, of title I of Pub. L. 100-418,
      see Tables for classification] or under section 102 of the Trade
      Act of 1974 [19 U.S.C. 2112] to obtain the consent of such
      country to the imposition of such a fee by the United States.
      "(2) In the report that is submitted under section 163 of the
    Trade Act of 1974 [19 U.S.C. 2213] for 1989 and 1990, the President
    shall include a statement on the progress of negotiations conducted
    under paragraph (1).
      "(3)(A) On the first day after the date of enactment of this Act
    [Aug. 23, 1988] on which the General Agreement on Tariffs and Trade
    allows any country to impose a fee described in paragraph (1), the
    President shall submit to the Congress, and publish in the Federal
    Register, a written statement certifying such allowance.
      "(B) On the first day after the date of enactment of this Act on
    which any foreign country described in paragraph (1)(B) consents to
    the imposition of such a fee by the United States, the President
    shall submit to the Congress, and publish in the Federal Register,
    a written statement certifying such consent.
      "(4) If - 
        "(A) the President does not submit to the Congress the written
      statement described in paragraph (3)(A) before the date that is 2
      years after the date of enactment of this Act [Aug. 23, 1988],
      and
        "(B) the President determines on such date that the fee imposed
      by the amendment made by subsection (b) [enacting this section]
      is not in the national economic interest,
    the President shall submit to the Congress, and publish in the
    Federal Register, written notice of such determination on such
    date. [See Determination of President of the United States, No. 90-
    34, set out below.]
      "(5)(A) Any disapproval resolution that is introduced in the
    Senate or House of Representatives within the 90-day period
    beginning on the date that is 2 years after the date of enactment
    of this Act [Aug. 23, 1988] shall, for purposes of section 152 of
    the Trade Act of 1974 (19 U.S.C. 2192), be treated as a joint
    resolution described in section 152(a)(1)(A) of such Act.
      "(B) For purposes of this part [see Effective Date note above],
    the term 'disapproval resolution' means a joint resolution of the
    two Houses of the Congress, the matter after the resolving clause
    of which is as follows: 'That the Congress disapproves of the
    determination made by the President under section 1428(a)(4)(A) of
    the Omnibus Trade and Competitiveness Act of 1988 [subsec.
    (a)(4)(A) of this note].' "

      DETERMINATION THAT CERTAIN IMPORT FEES ARE NOT IN THE NATIONAL
                             ECONOMIC INTEREST
      Determination of President of the United States, No. 90-34, Aug.
    23, 1990, 55 F.R. 34889, provided:
      Pursuant to section 1428(a)(4)(B) of the Omnibus Trade and
    Competitiveness Act of 1988 [Pub. L. 100-418, set out above], I
    determine that it is not in the national economic interest to
    impose the fee described under subsection (b) of that section
    [enacting this section].
      I hereby authorize and direct the United States Trade
    Representative to submit to the Congress and publish in the Federal
    Register written notice of this determination.
                                                            George Bush.

-End-


-CITE-
    19 USC Part 6 - Adjustment Assistance for Farmers           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
                PART 6 - ADJUSTMENT ASSISTANCE FOR FARMERS            

-End-



-CITE-
    19 USC Sec. 2401                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401. Definitions

-STATUTE-
      In this part:
      (1) Agricultural commodity
        The term "agricultural commodity" means any agricultural
      commodity (including livestock) in its raw or natural state.
      (2) Agricultural commodity producer
        The term "agricultural commodity producer" has the same meaning
      as the term "person" as prescribed by regulations promulgated
      under section 1308(e) of title 7.
      (3) Contributed importantly
        (A) In general
          The term "contributed importantly" means a cause which is
        important but not necessarily more important than any other
        cause.
        (B) Determination of contributed importantly
          The determination of whether imports of articles like or
        directly competitive with an agricultural commodity with
        respect to which a petition under this part was filed
        contributed importantly to a decline in the price of the
        agricultural commodity shall be made by the Secretary.
      (4) Duly authorized representative
        The term "duly authorized representative" means an association
      of agricultural commodity producers.
      (5) National average price
        The term "national average price" means the national average
      price paid to an agricultural commodity producer for an
      agricultural commodity in a marketing year as determined by the
      Secretary.
      (6) Secretary
        The term "Secretary" means the Secretary of Agriculture.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 291, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 946; amended Pub.
    L. 109-280, title XIV, Sec. 1635(f)(4), Aug. 17, 2006, 120 Stat.
    1171.)


-MISC1-
                                AMENDMENTS                            
      2006 - Par. (2). Pub. L. 109-280 substituted "1308(e)" for
    "1308(5)".

                     EFFECTIVE DATE OF 2006 AMENDMENT                 
      Amendment by Pub. L. 109-280 applicable with respect to goods
    entered, or withdrawn from warehouse for consumption, on or after
    the 15th day after Aug. 17, 2006, see section 1641 of Pub. L. 109-
    280, set out as a note under section 58c of this title.

                              EFFECTIVE DATE                          
      Pub. L. 107-210, div. A, title I, Sec. 141(b), Aug. 6, 2002, 116
    Stat. 953, as amended by Pub. L. 108-429, title II, Sec.
    2004(a)(10), Dec. 3, 2004, 118 Stat. 2590, provided that: "The
    amendments made by this subtitle [subtitle C [Secs. 141 to 143] of
    title I of Pub. L. 107-210, enacting this part and amending section
    2395 of this title] shall take effect on the date that is 180 days
    after the date of enactment of this Act [Aug. 6, 2002]."

-End-



-CITE-
    19 USC Sec. 2401a                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401a. Petitions; group eligibility

-STATUTE-
    (a) In general
      A petition for a certification of eligibility to apply for
    adjustment assistance under this part may be filed with the
    Secretary by a group of agricultural commodity producers or by
    their duly authorized representative. Upon receipt of the petition,
    the Secretary shall promptly publish notice in the Federal Register
    that the Secretary has received the petition and initiated an
    investigation.
    (b) Hearings
      If the petitioner, or any other person found by the Secretary to
    have a substantial interest in the proceedings, submits not later
    than 10 days after the date of the Secretary's publication under
    subsection (a) of this section a request for a hearing, the
    Secretary shall provide for a public hearing and afford such
    interested person an opportunity to be present, to produce
    evidence, and to be heard.
    (c) Group eligibility requirements
      The Secretary shall certify a group of agricultural commodity
    producers as eligible to apply for adjustment assistance under this
    part if the Secretary determines - 
        (1) that the national average price for the agricultural
      commodity, or a class of goods within the agricultural commodity,
      produced by the group for the most recent marketing year for
      which the national average price is available is less than 80
      percent of the average of the national average price for such
      agricultural commodity, or such class of goods, for the 5
      marketing years preceding the most recent marketing year; and
        (2) that increases in imports of articles like or directly
      competitive with the agricultural commodity, or class of goods
      within the agricultural commodity, produced by the group
      contributed importantly to the decline in price described in
      paragraph (1).
    (d) Special rule for qualified subsequent years
      A group of agricultural commodity producers certified as eligible
    under section 2401b of this title shall be eligible to apply for
    assistance under this part in any qualified year after the year the
    group is first certified, if the Secretary determines that - 
        (1) the national average price for the agricultural commodity,
      or class of goods within the agricultural commodity, produced by
      the group for the most recent marketing year for which the
      national average price is available is equal to or less than the
      price determined under subsection (c)(1) of this section; and
        (2) the requirements of subsection (c)(2) of this section are
      met.
    (e) Determination of qualified year and commodity
      In this part:
      (1) Qualified year
        The term "qualified year", with respect to a group of
      agricultural commodity producers certified as eligible under
      section 2401b of this title, means each consecutive year after
      the year in which the group is certified and in which the
      Secretary makes the determination under subsection (c) or (d) of
      this section, as the case may be.
      (2) Classes of goods within a commodity
        In any case in which there are separate classes of goods within
      an agricultural commodity, the Secretary shall treat each class
      as a separate commodity in determining group eligibility, the
      national average price, and level of imports under this section
      and section 2401e of this title.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 292, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 947.)

-End-



-CITE-
    19 USC Sec. 2401b                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401b. Determinations by Secretary of Agriculture

-STATUTE-
    (a) In general
      As soon as practicable after the date on which a petition is
    filed under section 2401a of this title, but in any event not later
    than 40 days after that date, the Secretary shall determine whether
    the petitioning group meets the requirements of section 2401a(c) or
    (d) of this title, as the case may be, and shall, if the group
    meets the requirements, issue a certification of eligibility to
    apply for assistance under this part covering agricultural
    commodity producers in any group that meets the requirements. Each
    certification shall specify the date on which eligibility under
    this part begins.
    (b) Notice
      Upon making a determination on a petition, the Secretary shall
    promptly publish a summary of the determination in the Federal
    Register, together with the Secretary's reasons for making the
    determination.
    (c) Termination of certification
      Whenever the Secretary determines, with respect to any
    certification of eligibility under this part, that the decline in
    price for the agricultural commodity covered by the certification
    is no longer attributable to the conditions described in section
    2401a of this title, the Secretary shall terminate such
    certification and promptly cause notice of such termination to be
    published in the Federal Register, together with the Secretary's
    reasons for making such determination.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 293, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 948.)

-End-



-CITE-
    19 USC Sec. 2401c                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401c. Study by Secretary of Agriculture when International
      Trade Commission begins investigation

-STATUTE-
    (a) In general
      Whenever the International Trade Commission (in this part
    referred to as the "Commission") begins an investigation under
    section 2252 of this title with respect to an agricultural
    commodity, the Commission shall immediately notify the Secretary of
    the investigation. Upon receipt of the notification, the Secretary
    shall immediately conduct a study of - 
        (1) the number of agricultural commodity producers producing a
      like or directly competitive agricultural commodity who have been
      or are likely to be certified as eligible for adjustment
      assistance under this part, and
        (2) the extent to which the adjustment of such producers to the
      import competition may be facilitated through the use of existing
      programs.
    (b) Report
      Not later than 15 days after the day on which the Commission
    makes its report under section 2252(f) of this title, the Secretary
    shall submit a report to the President setting forth the findings
    of the study described in subsection (a) of this section. Upon
    making the report to the President, the Secretary shall also
    promptly make the report public (with the exception of information
    which the Secretary determines to be confidential) and shall have a
    summary of the report published in the Federal Register.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 294, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 949.)

-End-



-CITE-
    19 USC Sec. 2401d                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401d. Benefit information to agricultural commodity producers

-STATUTE-
    (a) In general
      The Secretary shall provide full information to agricultural
    commodity producers about the benefit allowances, training, and
    other employment services available under this subchapter and about
    the petition and application procedures, and the appropriate filing
    dates, for such allowances, training, and services. The Secretary
    shall provide whatever assistance is necessary to enable groups to
    prepare petitions or applications for program benefits under this
    subchapter.
    (b) Notice of benefits
      (1) In general
        The Secretary shall mail written notice of the benefits
      available under this part to each agricultural commodity producer
      that the Secretary has reason to believe is covered by a
      certification made under this part.
      (2) Other notice
        The Secretary shall publish notice of the benefits available
      under this part to agricultural commodity producers that are
      covered by each certification made under this part in newspapers
      of general circulation in the areas in which such producers
      reside.
      (3) Other Federal assistance
        The Secretary shall also provide information concerning
      procedures for applying for and receiving all other Federal
      assistance and services available to workers facing economic
      distress.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 295, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 949.)

-End-



-CITE-
    19 USC Sec. 2401e                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401e. Qualifying requirements for agricultural commodity
      producers

-STATUTE-
    (a) In general
      (1) Requirements
        Payment of a (!1) adjustment assistance under this part shall
      be made to an adversely affected agricultural commodity producer
      covered by a certification under this part who files an
      application for such assistance within 90 days after the date on
      which the Secretary makes a determination and issues a
      certification of eligibility under section 2401b of this title,
      if the following conditions are met:

          (A) The producer submits to the Secretary sufficient
        information to establish the amount of agricultural commodity
        covered by the application filed under this subsection that was
        produced by the producer in the most recent year.
          (B) The producer certifies that the producer has not received
        cash benefits under any provision of this subchapter other than
        this part.
          (C) The producer's net farm income (as determined by the
        Secretary) for the most recent year is less than the producer's
        net farm income for the latest year in which no adjustment
        assistance was received by the producer under this part.
          (D) The producer certifies that the producer has met with an
        Extension Service employee or agent to obtain, at no cost to
        the producer, information and technical assistance that will
        assist the producer in adjusting to import competition with
        respect to the adversely affected agricultural commodity,
        including - 
            (i) information regarding the feasibility and desirability
          of substituting 1 or more alternative commodities for the
          adversely affected agricultural commodity; and
            (ii) technical assistance that will improve the
          competitiveness of the production and marketing of the
          adversely affected agricultural commodity by the producer,
          including yield and marketing improvements.
      (2) Limitations
        (A) Adjusted gross income
          (i) In general
            Notwithstanding any other provision of this part, an
          agricultural commodity producer shall not be eligible for
          assistance under this part in any year in which the average
          adjusted gross income of the producer exceeds the level set
          forth in section 1308-3a of title 7.
          (ii) Certification
            To comply with the limitation under subparagraph (A),(!2)
          an individual or entity shall provide to the Secretary - 

              (I) a certification by a certified public accountant or
            another third party that is acceptable to the Secretary
            that the average adjusted gross income of the producer does
            not exceed the level set forth in section 1308-3a of title
            7; or
              (II) information and documentation regarding the adjusted
            gross income of the producer through other procedures
            established by the Secretary.
        (B) Counter-cyclical payments
          The total amount of payments made to an agricultural producer
        under this part during any crop year may not exceed the
        limitation on counter-cyclical payments set forth in section
        1308(c) of title 7.
        (C) Definitions
          In this subsection:
          (i) Adjusted gross income
            The term "adjusted gross income" means adjusted gross
          income of an agricultural commodity producer - 
              (I) as defined in section 62 of title 26 and implemented
            in accordance with procedures established by the Secretary;
            and
              (II) that is earned directly or indirectly from all
            agricultural and nonagricultural sources of an individual
            or entity for a fiscal or corresponding crop year.
          (ii) Average adjusted gross income
            (I) In general
              The term "average adjusted gross income" means the
            average adjusted gross income of a producer for each of the
            3 preceding taxable years.
            (II) Effective adjusted gross income
              In the case of a producer that does not have an adjusted
            gross income for each of the 3 preceding taxable years, the
            Secretary shall establish rules that provide the producer
            with an effective adjusted gross income for the applicable
            year.
    (b) Amount of cash benefits
      (1) In general
        Subject to the provisions of section 2401g of this title, an
      adversely affected agricultural commodity producer described in
      subsection (a) of this section shall be entitled to adjustment
      assistance under this part in an amount equal to the product of -
      
          (A) one-half of the difference between - 
            (i) an amount equal to 80 percent of the average of the
          national average price of the agricultural commodity covered
          by the application described in subsection (a) of this
          section for the 5 marketing years preceding the most recent
          marketing year, and
            (ii) the national average price of the agricultural
          commodity for the most recent marketing year, and

          (B) the amount of the agricultural commodity produced by the
        agricultural commodity producer in the most recent marketing
        year.
      (2) Special rule for subsequent qualified years
        The amount of cash benefits for a qualified year shall be
      determined in the same manner as cash benefits are determined
      under paragraph (1), except that the average national price of
      the agricultural commodity shall be determined under paragraph
      (1)(A)(i) by using the 5-marketing-year period used to determine
      the amount of cash benefits for the first certification.
    (c) Maximum amount of cash assistance
      The maximum amount of cash benefits an agricultural commodity
    producer may receive in any 12-month period shall not exceed
    $10,000.
    (d) Limitations on other assistance
      An agricultural commodity producer entitled to receive a cash
    benefit under this part - 
        (1) shall not be eligible for any other cash benefit under this
      subchapter, and
        (2) shall be entitled to employment services and training
      benefits under division II of subpart B of part 2 of this
      subchapter.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 296, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 949; amended Pub.
    L. 108-429, title II, Sec. 2004(a)(9), Dec. 3, 2004, 118 Stat.
    2590.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-429, Sec. 2004(a)(9)(A)(i),
    substituted "adjustment assistance under this part" for "trade
    adjustment allowance" and "such assistance" for "such allowance" in
    introductory provisions.
      Subsec. (a)(1)(A). Pub. L. 108-429, Sec. 2004(a)(9)(A)(ii), made
    technical amendment to reference in original act which appears in
    text as reference to this subsection.
      Subsec. (b)(2). Pub. L. 108-429, Sec. 2004(a)(9)(B), substituted
    "paragraph (1), except" for "paragraph (1) except".

-FOOTNOTE-
    (!1) So in original. Probably should be "an".

    (!2) So in original. Probably should be a reference to clause
         (i).


-End-



-CITE-
    19 USC Sec. 2401f                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401f. Fraud and recovery of overpayments

-STATUTE-
    (a) In general
      (1) Repayment
        If the Secretary, or a court of competent jurisdiction,
      determines that any person has received any payment under this
      part to which the person was not entitled, such person shall be
      liable to repay such amount to the Secretary, except that the
      Secretary may waive such repayment if the Secretary determines,
      in accordance with guidelines prescribed by the Secretary, that -
      
          (A) the payment was made without fault on the part of such
        person; and
          (B) requiring such repayment would be contrary to equity and
        good conscience.
      (2) Recovery of overpayment
        Unless an overpayment is otherwise recovered, or waived under
      paragraph (1), the Secretary shall recover the overpayment by
      deductions from any sums payable to such person under this part.
    (b) False statement
      A person shall, in addition to any other penalty provided by law,
    be ineligible for any further payments under this part - 
        (1) if the Secretary, or a court of competent jurisdiction,
      determines that the person - 
          (A) knowingly has made, or caused another to make, a false
        statement or representation of a material fact; or
          (B) knowingly has failed, or caused another to fail, to
        disclose a material fact; and

        (2) as a result of such false statement or representation, or
      of such nondisclosure, such person has received any payment under
      this part to which the person was not entitled.
    (c) Notice and determination
      Except for overpayments determined by a court of competent
    jurisdiction, no repayment may be required, and no deduction may be
    made, under this section until a determination under subsection
    (a)(1) of this section by the Secretary has been made, notice of
    the determination and an opportunity for a fair hearing thereon has
    been given to the person concerned, and the determination has
    become final.
    (d) Payment to Treasury
      Any amount recovered under this section shall be returned to the
    Treasury of the United States.
    (e) Penalties
      Whoever makes a false statement of a material fact knowing it to
    be false, or knowingly fails to disclose a material fact, for the
    purpose of obtaining or increasing for himself or for any other
    person any payment authorized to be furnished under this part shall
    be fined not more than $10,000 or imprisoned for not more than 1
    year, or both.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 297, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 952.)

-End-



-CITE-
    19 USC Sec. 2401g                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER II - RELIEF FROM INJURY CAUSED BY IMPORT COMPETITION
    Part 6 - Adjustment Assistance for Farmers

-HEAD-
    Sec. 2401g. Authorization of appropriations

-STATUTE-
    (a) In general
      There are authorized to be appropriated and there are
    appropriated to the Department of Agriculture not to exceed
    $90,000,000 for each of the fiscal years 2003 through 2007 to carry
    out the purposes of this part.
    (b) Proportionate reduction
      If in any year the amount appropriated under this part is
    insufficient to meet the requirements for adjustment assistance
    payable under this part, the amount of assistance payable under
    this part shall be reduced proportionately.

-SOURCE-
    (Pub. L. 93-618, title II, Sec. 298, as added Pub. L. 107-210, div.
    A, title I, Sec. 141(a), Aug. 6, 2002, 116 Stat. 952.)

-End-


-CITE-
    19 USC SUBCHAPTER III - ENFORCEMENT OF UNITED STATES
           RIGHTS UNDER TRADE AGREEMENTS AND RESPONSE TO
           CERTAIN FOREIGN TRADE PRACTICES                 01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
     SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
        AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE PRACTICES

-End-



-CITE-
    19 USC Sec. 2411                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2411. Actions by United States Trade Representative

-STATUTE-
    (a) Mandatory action
      (1) If the United States Trade Representative determines under
    section 2414(a)(1) of this title that - 
        (A) the rights of the United States under any trade agreement
      are being denied; or
        (B) an act, policy, or practice of a foreign country - 
          (i) violates, or is inconsistent with, the provisions of, or
        otherwise denies benefits to the United States under, any trade
        agreement, or
          (ii) is unjustifiable and burdens or restricts United States
        commerce;

    the Trade Representative shall take action authorized in subsection
    (c) of this section, subject to the specific direction, if any, of
    the President regarding any such action, and shall take all other
    appropriate and feasible action within the power of the President
    that the President may direct the Trade Representative to take
    under this subsection, to enforce such rights or to obtain the
    elimination of such act, policy, or practice. Actions may be taken
    that are within the power of the President with respect to trade in
    any goods or services, or with respect to any other area of
    pertinent relations with the foreign country.
      (2) The Trade Representative is not required to take action under
    paragraph (1) in any case in which - 
        (A) the Dispute Settlement Body (as defined in section 3531(5)
      of this title) has adopted a report, or a ruling issued under the
      formal dispute settlement proceeding provided under any other
      trade agreement finds, that - 
          (i) the rights of the United States under a trade agreement
        are not being denied, or
          (ii) the act, policy, or practice - 
            (I) is not a violation of, or inconsistent with, the rights
          of the United States, or
            (II) does not deny, nullify, or impair benefits to the
          United States under any trade agreement; or

        (B) the Trade Representative finds that - 
          (i) the foreign country is taking satisfactory measures to
        grant the rights of the United States under a trade agreement,
          (ii) the foreign country has - 
            (I) agreed to eliminate or phase out the act, policy, or
          practice, or
            (II) agreed to an imminent solution to the burden or
          restriction on United States commerce that is satisfactory to
          the Trade Representative,

          (iii) it is impossible for the foreign country to achieve the
        results described in clause (i) or (ii), as appropriate, but
        the foreign country agrees to provide to the United States
        compensatory trade benefits that are satisfactory to the Trade
        Representative,
          (iv) in extraordinary cases, where the taking of action under
        this subsection would have an adverse impact on the United
        States economy substantially out of proportion to the benefits
        of such action, taking into account the impact of not taking
        such action on the credibility of the provisions of this
        subchapter, or
          (v) the taking of action under this subsection would cause
        serious harm to the national security of the United States.

      (3) Any action taken under paragraph (1) to eliminate an act,
    policy, or practice shall be devised so as to affect goods or
    services of the foreign country in an amount that is equivalent in
    value to the burden or restriction being imposed by that country on
    United States commerce.
    (b) Discretionary action
      If the Trade Representative determines under section 2414(a)(1)
    of this title that - 
        (1) an act, policy, or practice of a foreign country is
      unreasonable or discriminatory and burdens or restricts United
      States commerce, and
        (2) action by the United States is appropriate, the Trade
      Representative shall take all appropriate and feasible action
      authorized under subsection (c) of this section, subject to the
      specific direction, if any, of the President regarding any such
      action, and all other appropriate and feasible action within the
      power of the President that the President may direct the Trade
      Representative to take under this subsection, to obtain the
      elimination of that act, policy, or practice. Actions may be
      taken that are within the power of the President with respect to
      trade in any goods or services, or with respect to any other area
      of pertinent relations with the foreign country.
    (c) Scope of authority
      (1) For purposes of carrying out the provisions of subsection (a)
    or (b) of this section, the Trade Representative is authorized to -
    
        (A) suspend, withdraw, or prevent the application of, benefits
      of trade agreement concessions to carry out a trade agreement
      with the foreign country referred to in such subsection;
        (B) impose duties or other import restrictions on the goods of,
      and, notwithstanding any other provision of law, fees or
      restrictions on the services of, such foreign country for such
      time as the Trade Representative determines appropriate;
        (C) in a case in which the act, policy, or practice also fails
      to meet the eligibility criteria for receiving duty-free
      treatment under subsections (b) and (c) of section 2462 of this
      title, subsections (b) and (c) of section 2702 of this title, or
      subsections (c) and (d) of section 3202 of this title, withdraw,
      limit, or suspend such treatment under such provisions,
      notwithstanding the provisions of subsection (a)(3) of this
      section; or
        (D) enter into binding agreements with such foreign country
      that commit such foreign country to - 
          (i) eliminate, or phase out, the act, policy, or practice
        that is the subject of the action to be taken under subsection
        (a) or (b) of this section,
          (ii) eliminate any burden or restriction on United States
        commerce resulting from such act, policy, or practice, or
          (iii) provide the United States with compensatory trade
        benefits that - 
            (I) are satisfactory to the Trade Representative, and
            (II) meet the requirements of paragraph (4).

      (2)(A) Notwithstanding any other provision of law governing any
    service sector access authorization, and in addition to the
    authority conferred in paragraph (1), the Trade Representative may,
    for purposes of carrying out the provisions of subsection (a) or
    (b) of this section - 
        (i) restrict, in the manner and to the extent the Trade
      Representative determines appropriate, the terms and conditions
      of any such authorization, or
        (ii) deny the issuance of any such authorization.

      (B) Actions described in subparagraph (A) may only be taken under
    this section with respect to service sector access authorizations
    granted, or applications therefor pending, on or after the date on
    which - 
        (i) a petition is filed under section 2412(a) of this title, or
        (ii) a determination to initiate an investigation is made by
      the Trade Representative under section 2412(b) of this title.

      (C) Before the Trade Representative takes any action under this
    section involving the imposition of fees or other restrictions on
    the services of a foreign country, the Trade Representative shall,
    if the services involved are subject to regulation by any agency of
    the Federal Government or of any State, consult, as appropriate,
    with the head of the agency concerned.
      (3) The actions the Trade Representative is authorized to take
    under subsection (a) or (b) of this section may be taken against
    any goods or economic sector - 
        (A) on a nondiscriminatory basis or solely against the foreign
      country described in such subsection, and
        (B) without regard to whether or not such goods or economic
      sector were involved in the act, policy, or practice that is the
      subject of such action.

      (4) Any trade agreement described in paragraph (1)(D)(iii) shall
    provide compensatory trade benefits that benefit the economic
    sector which includes the domestic industry that would benefit from
    the elimination of the act, policy, or practice that is the subject
    of the action to be taken under subsection (a) or (b) of this
    section, or benefit the economic sector as closely related as
    possible to such economic sector, unless - 
        (A) the provision of such trade benefits is not feasible, or
        (B) trade benefits that benefit any other economic sector would
      be more satisfactory than such trade benefits.

      (5) If the Trade Representative determines that actions to be
    taken under subsection (a) or (b) of this section are to be in the
    form of import restrictions, the Trade Representative shall - 
        (A) give preference to the imposition of duties over the
      imposition of other import restrictions, and
        (B) if an import restriction other than a duty is imposed,
      consider substituting, on an incremental basis, an equivalent
      duty for such other import restriction.

      (6) Any action taken by the Trade Representative under this
    section with respect to export targeting shall, to the extent
    possible, reflect the full benefit level of the export targeting to
    the beneficiary over the period during which the action taken has
    an effect.
    (d) Definitions and special rules
      For purposes of this subchapter - 
        (1) The term "commerce" includes, but is not limited to - 
          (A) services (including transfers of information) associated
        with international trade, whether or not such services are
        related to specific goods, and
          (B) foreign direct investment by United States persons with
        implications for trade in goods or services.

        (2) An act, policy, or practice of a foreign country that
      burdens or restricts United States commerce may include the
      provision, directly or indirectly, by that foreign country of
      subsidies for the construction of vessels used in the commercial
      transportation by water of goods between foreign countries and
      the United States.
        (3)(A) An act, policy, or practice is unreasonable if the act,
      policy, or practice, while not necessarily in violation of, or
      inconsistent with, the international legal rights of the United
      States, is otherwise unfair and inequitable.
        (B) Acts, policies, and practices that are unreasonable
      include, but are not limited to, any act, policy, or practice, or
      any combination of acts, policies, or practices, which - 
          (i) denies fair and equitable - 
            (I) opportunities for the establishment of an enterprise,
            (II) provision of adequate and effective protection of
          intellectual property rights notwithstanding the fact that
          the foreign country may be in compliance with the specific
          obligations of the Agreement on Trade-Related Aspects of
          Intellectual Property Rights referred to in section
          3511(d)(15) of this title,
            (III) nondiscriminatory market access opportunities for
          United States persons that rely upon intellectual property
          protection, or
            (IV) market opportunities, including the toleration by a
          foreign government of systematic anticompetitive activities
          by enterprises or among enterprises in the foreign country
          that have the effect of restricting, on a basis that is
          inconsistent with commercial considerations, access of United
          States goods or services to a foreign market,

          (ii) constitutes export targeting, or
          (iii) constitutes a persistent pattern of conduct that - 
            (I) denies workers the right of association,
            (II) denies workers the right to organize and bargain
          collectively,
            (III) permits any form of forced or compulsory labor,
            (IV) fails to provide a minimum age for the employment of
          children, or
            (V) fails to provide standards for minimum wages, hours of
          work, and occupational safety and health of workers.

        (C)(i) Acts, policies, and practices of a foreign country
      described in subparagraph (B)(iii) shall not be treated as being
      unreasonable if the Trade Representative determines that - 
          (I) the foreign country has taken, or is taking, actions that
        demonstrate a significant and tangible overall advancement in
        providing throughout the foreign country (including any
        designated zone within the foreign country) the rights and
        other standards described in the subclauses of subparagraph
        (B)(iii), or
          (II) such acts, policies, and practices are not inconsistent
        with the level of economic development of the foreign country.

        (ii) The Trade Representative shall publish in the Federal
      Register any determination made under clause (i), together with a
      description of the facts on which such determination is based.
        (D) For purposes of determining whether any act, policy, or
      practice is unreasonable, reciprocal opportunities in the United
      States for foreign nationals and firms shall be taken into
      account, to the extent appropriate.
        (E) The term "export targeting" means any government plan or
      scheme consisting of a combination of coordinated actions
      (whether carried out severally or jointly) that are bestowed on a
      specific enterprise, industry, or group thereof, the effect of
      which is to assist the enterprise, industry, or group to become
      more competitive in the export of a class or kind of merchandise.
        (F)(i) For the purposes of subparagraph (B)(i)(II), adequate
      and effective protection of intellectual property rights includes
      adequate and effective means under the laws of the foreign
      country for persons who are not citizens or nationals of such
      country to secure, exercise, and enforce rights and enjoy
      commercial benefits relating to patents, trademarks, copyrights
      and related rights, mask works, trade secrets, and plant
      breeder's rights.
        (ii) For purposes of subparagraph (B)(i)(IV), the denial of
      fair and equitable nondiscriminatory market access opportunities
      includes restrictions on market access related to the use,
      exploitation, or enjoyment of commercial benefits derived from
      exercising intellectual property rights in protected works or
      fixations or products embodying protected works.
        (4)(A) An act, policy, or practice is unjustifiable if the act,
      policy, or practice is in violation of, or inconsistent with, the
      international legal rights of the United States.
        (B) Acts, policies, and practices that are unjustifiable
      include, but are not limited to, any act, policy, or practice
      described in subparagraph (A) which denies national or most-
      favored-nation treatment or the right of establishment or
      protection of intellectual property rights.
        (5) Acts, policies, and practices that are discriminatory
      include, when appropriate, any act, policy, and practice which
      denies national or most-favored-nation treatment to United States
      goods, services, or investment.
        (6) The term "service sector access authorization" means any
      license, permit, order, or other authorization, issued under the
      authority of Federal law, that permits a foreign supplier of
      services access to the United States market in a service sector
      concerned.
        (7) The term "foreign country" includes any foreign
      instrumentality. Any possession or territory of a foreign country
      that is administered separately for customs purposes shall be
      treated as a separate foreign country.
        (8) The term "Trade Representative" means the United States
      Trade Representative.
        (9) The term "interested persons", only for purposes of
      sections 2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2), and 2417(a)(2)
      of this title, includes, but is not limited to, domestic firms
      and workers, representatives of consumer interests, United States
      product exporters, and any industrial user of any goods or
      services that may be affected by actions taken under subsection
      (a) or (b) of this section.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 301, as added Pub. L. 96-39, title
    IX, Sec. 901, July 26, 1979, 93 Stat. 295; amended Pub. L. 98-573,
    title III, Sec. 304(a)-(c), (f), Oct. 30, 1984, 98 Stat. 3002,
    3005; Pub. L. 100-418, title I, Sec. 1301(a), Aug. 23, 1988, 102
    Stat. 1164; Pub. L. 103-465, title III, Sec. 314(a)-(c), title VI,
    Sec. 621(a)(9), Dec. 8, 1994, 108 Stat. 4939, 4940, 4993; Pub. L.
    104-295, Sec. 20(c)(4), Oct. 11, 1996, 110 Stat. 3528.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 301 of Pub. L. 93-618, title III, Jan. 3, 1975,
    88 Stat. 2041, which related to Presidential responses to foreign
    import restrictions and export subsidies and which was classified
    to this section, was omitted in the general revision of chapter 1
    of title III of Pub. L. 93-618 by Pub. L. 96-39, title IX, Sec.
    901, July 26, 1979, 93 Stat. 295.

                                AMENDMENTS                            
      1996 - Subsec. (c)(4). Pub. L. 104-295 substituted "paragraph
    (1)(D)(iii)" for "paragraph (1)(C)(iii)".
      1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 314(a)(1), inserted
    at end of concluding provisions "Actions may be taken that are
    within the power of the President with respect to trade in any
    goods or services, or with respect to any other area of pertinent
    relations with the foreign country."
      Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 621(a)(9), substituted
    "the Dispute Settlement Body (as defined in section 3531(5) of this
    title) has adopted a report," for "the Contracting Parties to the
    General Agreement on Tariffs and Trade have determined, a panel of
    experts has reported to the Contracting Parties,".
      Subsec. (b)(2). Pub. L. 103-465, Sec. 314(a)(1), inserted at end
    "Actions may be taken that are within the power of the President
    with respect to trade in any goods or services, or with respect to
    any other area of pertinent relations with the foreign country."
      Subsec. (c)(1)(B) to (D). Pub. L. 103-465, Sec. 314(b)(1), struck
    out "or" at end of subpar. (B), added subpar. (C), and redesignated
    former subpar. (C) as (D).
      Subsec. (c)(5). Pub. L. 103-465, Sec. 314(a)(2), added
    introductory provisions, reenacted subpar. (A) without change, and
    struck out former introductory provisions which read as follows:
    "In taking actions under subsection (a) or (b) of this section, the
    Trade Representative shall - ".
      Subsec. (d)(3)(B)(i)(II) to (IV). Pub. L. 103-465, Sec.
    314(c)(1), added subcls. (II) to (IV) and struck out former subcls.
    (II) and (III) which read as follows:
      "(II) provision of adequate and effective protection of
    intellectual property rights, or
      "(III) market opportunities, including the toleration by a
    foreign government of systematic anticompetitive activities by
    private firms or among private firms in the foreign country that
    have the effect of restricting, on a basis that is inconsistent
    with commercial considerations, access of United States goods to
    purchasing by such firms,".
      Subsec. (d)(3)(F). Pub. L. 103-465, Sec. 314(c)(2), added subpar.
    (F).
      1988 - Pub. L. 100-418 amended section generally, substituting
    provisions relating to actions by United States Trade
    Representative for provisions relating to determinations and action
    by President.
      1984 - Subsec. (a). Pub. L. 98-573, Sec. 304(a), amended subsec.
    (a) generally, which prior to amendment provided that if the
    President determines that action by the United States is
    appropriate (1) to enforce the rights of the United States under
    any trade agreement; or (2) to respond to any act, policy, or
    practice of a foreign country or instrumentality that (A) is
    inconsistent with the provisions of, or otherwise denies benefits
    to the United States under, any trade agreement, or (B) is
    unjustifiable, unreasonable, or discriminatory and burdens or
    restricts United States commerce; the President shall take all
    appropriate and feasible action within his power to enforce such
    rights or to obtain the elimination of such act, policy, or
    practice and that action under this section may be taken on a
    nondiscriminatory basis or solely against the products or services
    of the foreign country or instrumentality involved.
      Subsec. (b)(1). Pub. L. 98-573, Sec. 304(b)(1), struck out "and"
    at end.
      Subsec. (b)(2). Pub. L. 98-573, Sec. 304(b)(2), (3), inserted ",
    notwithstanding any other provision of law," and substituted
    "goods" for "products".
      Subsecs. (c), (d). Pub. L. 98-573, Sec. 304(c), added subsec. (c)
    and redesignated existing subsecs. (c) and (d) as (d) and (e),
    respectively.
      Subsec. (e). Pub. L. 98-573, Sec. 304(c), (f), redesignated
    subsec. (d) as (e), inserted "For purposes of this section - "
    before par. (1), in par. (1) substituted provisions defining
    "commerce" as including, but not limited to services (including
    transfers of information) associated with international trade,
    whether or not such services are related to specific goods, and
    foreign direct investment by United States persons with
    implications for trade in goods or services for provision defining
    "commerce" as including, but not limited to, services associated
    with international trade, whether or not such services are related
    to specific products, and added pars. (3) to (6).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by section 314(a)-(c) of Pub. L. 103-465 effective on
    the date on which the WTO Agreement enters into force with respect
    to the United States [Jan. 1, 1995], see section 316(a) of Pub. L.
    103-465, set out as an Effective Date note under section 3581 of
    this title.
      Amendment by section 621(a)(9) of Pub. L. 103-465 effective on
    the date on which the WTO Agreement enters into force with respect
    to the United States [Jan. 1, 1995], see section 621(b) of Pub. L.
    103-465, set out as a note under section 1677k of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 1301(c) of Pub. L. 100-418 provided that: "The amendments
    made by this section [enacting sections 2417 to 2419 of this title
    and amending this section and sections 2412 to 2416 of this title]
    shall apply to - 
        "(1) petitions filed, and investigations initiated, under
      section 302 of the Trade Act of 1974 [19 U.S.C. 2412] on or after
      the date of the enactment of this Act [Aug. 23, 1988]; and
        "(2) petitions filed, and investigations initiated, before the
      date of enactment of this Act, if by that date no decision had
      been made under section 304 [19 U.S.C. 2414] regarding the
      petition or investigation."

                              EFFECTIVE DATE                          
      Section 903 of Pub. L. 96-39 provided that: "The amendments made
    by sections 901 and 902 [enacting this subchapter and amending
    sections 1872, 2192, and 2194 of this title] shall take effect on
    the date of the enactment of this Act [July 26, 1979]. Any petition
    for review filed with the Special Representative for Trade
    Negotiations under section 301 of the Trade Act of 1974 (as in
    effect on the day before such date of enactment) [former section
    2411 of this title] and pending on such date of enactment shall be
    treated as an investigation initiated on such date of enactment
    under section 302(b)(2) of the Trade Act of 1974 (as added by
    section 901 of this Act) [section 2412(b)(2) of this title] and any
    information developed by, or submitted to, the Special
    Representative before such date of enactment under the review shall
    be treated as part of the information developed during such
    investigation."


-EXEC-
    EX. ORD. NO. 13155. ACCESS TO HIV/AIDS PHARMACEUTICALS AND MEDICAL
                               TECHNOLOGIES
      Ex. Ord. No. 13155, May 10, 2000, 65 F.R. 30521, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including sections
    141 and chapter 1 of title III of the Trade Act of 1974, as amended
    (19 U.S.C. 2171, 2411-2420), section 307 of the Public Health
    Service Act (42 U.S.C. 242l), and section 104 of the Foreign
    Assistance Act of 1961, as amended (22 U.S.C. 2151b), and in
    accordance with executive branch policy on health-related
    intellectual property matters to promote access to essential
    medicines, it is hereby ordered as follows:
      Section 1. Policy. (a) In administering sections 301-310 of the
    Trade Act of 1974 [19 U.S.C. 2411-2420], the United States shall
    not seek, through negotiation or otherwise, the revocation or
    revision of any intellectual property law or policy of a
    beneficiary sub-Saharan African country, as determined by the
    President, that regulates HIV/AIDS pharmaceuticals or medical
    technologies if the law or policy of the country:
      (1) promotes access to HIV/AIDS pharmaceuticals or medical
    technologies for affected populations in that country; and
      (2) provides adequate and effective intellectual property
    protection consistent with the Agreement on Trade-Related Aspects
    of Intellectual Property Rights (TRIPS Agreement) referred to in
    section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C.
    3511(d)(15)).
      (b) The United States shall encourage all beneficiary sub-Saharan
    African countries to implement policies designed to address the
    underlying causes of the HIV/AIDS crisis by, among other things,
    making efforts to encourage practices that will prevent further
    transmission and infection and to stimulate development of the
    infrastructure necessary to deliver adequate health services, and
    by encouraging policies that provide an incentive for public and
    private research on, and development of, vaccines and other medical
    innovations that will combat the HIV/AIDS epidemic in Africa.
      Sec. 2. Rationale: (a) This order finds that:
      (1) since the onset of the worldwide HIV/AIDS epidemic,
    approximately 34 million people living in sub-Saharan Africa have
    been infected with the disease;
      (2) of those infected, approximately 11.5 million have died;
      (3) the deaths represent 83 percent of the total HIV/AIDS-related
    deaths worldwide; and
      (4) access to effective therapeutics for HIV/AIDS is determined
    by issues of price, health system infrastructure for delivery, and
    sustainable financing.
      (b) In light of these findings, this order recognizes that:
      (1) it is in the interest of the United States to take all
    reasonable steps to prevent further spread of infectious disease,
    particularly HIV/AIDS;
      (2) there is critical need for effective incentives to develop
    new pharmaceuticals, vaccines, and therapies to combat the HIV/AIDS
    crisis, including effective global intellectual property standards
    designed to foster pharmaceutical and medical innovation;
      (3) the overriding priority for responding to the crisis of
    HIV/AIDS in sub-Saharan Africa should be to improve public
    education and to encourage practices that will prevent further
    transmission and infection, and to stimulate development of the
    infrastructure necessary to deliver adequate health care services;
      (4) the United States should work with individual countries in
    sub-Saharan Africa to assist them in development of effective
    public education campaigns aimed at the prevention of HIV/AIDS
    transmission and infection, and to improve their health care
    infrastructure to promote improved access to quality health care
    for their citizens in general, and particularly with respect to the
    HIV/AIDS epidemic;
      (5) an effective United States response to the crisis in sub-
    Saharan Africa must focus in the short term on preventive programs
    designed to reduce the frequency of new infections and remove the
    stigma of the disease, and should place a priority on basic health
    services that can be used to treat opportunistic infections,
    sexually transmitted infections, and complications associated with
    HIV/AIDS so as to prolong the duration and improve the quality of
    life of those with the disease;
      (6) an effective United States response to the crisis must also
    focus on the development of HIV/AIDS vaccines to prevent the spread
    of the disease;
      (7) the innovative capacity of the United States in the
    commercial and public pharmaceutical research sectors is unmatched
    in the world, and the participation of both these sectors will be a
    critical element in any successful program to respond to the
    HIV/AIDS crisis in sub-Saharan Africa;
      (8) the TRIPS Agreement recognizes the importance of promoting
    effective and adequate protection of intellectual property rights
    and the right of countries to adopt measures necessary to protect
    public health;
      (9) individual countries should have the ability to take measures
    to address the HIV/AIDS epidemic, provided that such measures are
    consistent with their international obligations; and
      (10) successful initiatives will require effective partnerships
    and cooperation among governments, international organizations,
    nongovernmental organizations, and the private sector, and greater
    consideration should be given to financial, legal, and other
    incentives that will promote improved prevention and treatment
    actions.
      Sec. 3. Scope. (a) This order prohibits the United States
    Government from taking action pursuant to section 301(b) of the
    Trade Act of 1974 [19 U.S.C. 2411(b)] with respect to any law or
    policy in beneficiary sub-Saharan African countries that promotes
    access to HIV/AIDS pharmaceuticals or medical technologies and that
    provides adequate and effective intellectual property protection
    consistent with the TRIPS Agreement. However, this order does not
    prohibit United States Government officials from evaluating,
    determining, or expressing concern about whether such a law or
    policy promotes access to HIV/AIDS pharmaceuticals or medical
    technologies or provides adequate and effective intellectual
    property protection consistent with the TRIPS Agreement. In
    addition, this order does not prohibit United States Government
    officials from consulting with or otherwise discussing with sub-
    Saharan African governments whether such law or policy meets the
    conditions set forth in section 1(a) of this order. Moreover, this
    order does not prohibit the United States Government from invoking
    the dispute settlement procedures of the World Trade Organization
    to examine whether any such law or policy is consistent with the
    Uruguay Round Agreements, referred to in section 101(d) of the
    Uruguay Round Agreements Act [19 U.S.C. 3511(d)].
      (b) This order is intended only to improve the internal
    management of the executive branch and is not intended to, and does
    not create, any right or benefit, substantive or procedural,
    enforceable at law or equity by a party against the United States,
    its agencies or instrumentalities, its officers or employees, or
    any other person.
                                                     William J. Clinton.

-End-



-CITE-
    19 USC Sec. 2412                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2412. Initiation of investigations

-STATUTE-
    (a) Petitions
      (1) Any interested person may file a petition with the Trade
    Representative requesting that action be taken under section 2411
    of this title and setting forth the allegations in support of the
    request.
      (2) The Trade Representative shall review the allegations in any
    petition filed under paragraph (1) and, not later than 45 days
    after the date on which the Trade Representative received the
    petition, shall determine whether to initiate an investigation.
      (3) If the Trade Representative determines not to initiate an
    investigation with respect to a petition, the Trade Representative
    shall inform the petitioner of the reasons therefor and shall
    publish notice of the determination, together with a summary of
    such reasons, in the Federal Register.
      (4) If the Trade Representative makes an affirmative
    determination under paragraph (2) with respect to a petition, the
    Trade Representative shall initiate an investigation regarding the
    issues raised in the petition. The Trade Representative shall
    publish a summary of the petition in the Federal Register and
    shall, as soon as possible, provide opportunity for the
    presentation of views concerning the issues, including a public
    hearing - 
        (A) within the 30-day period beginning on the date of the
      affirmative determination (or on a date after such period if
      agreed to by the petitioner) if a public hearing within such
      period is requested in the petition, or
        (B) at such other time if a timely request therefor is made by
      the petitioner or by any interested person.
    (b) Initiation of investigation by means other than petition
      (1)(A) If the Trade Representative determines that an
    investigation should be initiated under this subchapter with
    respect to any matter in order to determine whether the matter is
    actionable under section 2411 of this title, the Trade
    Representative shall publish such determination in the Federal
    Register and shall initiate such investigation.
      (B) The Trade Representative shall, before making any
    determination under subparagraph (A), consult with appropriate
    committees established pursuant to section 2155 of this title.
      (2)(A) By no later than the date that is 30 days after the date
    on which a country is identified under section 2242(a)(2) of this
    title, the Trade Representative shall initiate an investigation
    under this subchapter with respect to any act, policy, or practice
    of that country that - 
        (i) was the basis for such identification, and
        (ii) is not at that time the subject of any other investigation
      or action under this subchapter.

      (B) The Trade Representative is not required under subparagraph
    (A) to initiate an investigation under this subchapter with respect
    to any act, policy, or practice of a foreign country if the Trade
    Representative determines that the initiation of the investigation
    would be detrimental to United States economic interests.
      (C) If the Trade Representative makes a determination under
    subparagraph (B) not to initiate an investigation, the Trade
    Representative shall submit to the Congress a written report
    setting forth, in detail - 
        (i) the reasons for the determination, and
        (ii) the United States economic interests that would be
      adversely affected by the investigation.

      (D) The Trade Representative shall, from time to time, consult
    with the Register of Copyrights, the Under Secretary of Commerce
    for Intellectual Property and Director of the United States Patent
    and Trademark Office, and other appropriate officers of the Federal
    Government, during any investigation initiated under this
    subchapter by reason of subparagraph (A).
    (c) Discretion
      In determining whether to initiate an investigation under
    subsection (a) or (b) of this section of any act, policy, or
    practice that is enumerated in any provision of section 2411(d) of
    this title, the Trade Representative shall have discretion to
    determine whether action under section 2411 of this title would be
    effective in addressing such act, policy, or practice.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 302, as added Pub. L. 96-39, title
    IX, Sec. 901, July 26, 1979, 93 Stat. 296; amended Pub. L. 98-573,
    title III, Sec. 304(d)(1), Oct. 30, 1984, 98 Stat. 3003; Pub. L.
    100-418, title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1168; Pub.
    L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4732(b)(9)],
    Nov. 29, 1999, 113 Stat. 1536, 1501A-584.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 302 of Pub. L. 93-618, title III, Jan. 3, 1975,
    88 Stat. 2043, which related to the procedure for Congressional
    disapproval of certain actions taken by the President to eliminate
    foreign import restrictions and export subsidies and which was
    classified to this section, was omitted in the general revision of
    chapter 1 of title III of Pub. L. 93-618 by Pub. L. 96-39, title
    IX, Sec. 901, July 26, 1979, 93 Stat. 295.

                                AMENDMENTS                            
      1999 - Subsec. (b)(2)(D). Pub. L. 106-113 substituted "Under
    Secretary of Commerce for Intellectual Property and Director of the
    United States Patent and Trademark Office" for "Commissioner of
    Patents and Trademarks".
      1988 - Pub. L. 100-418 amended section generally, substituting
    provisions relating to initiating investigations with or without
    petitions and discretion of Trade Representative for provisions
    relating to filing and determinations on petitions for
    investigations and investigations initiated by Trade
    Representative.
      1984 - Pub. L. 98-573 amended section generally, substituting
    "United States Trade Representative" and "Trade Representative" for
    "Special Representative for Trade Negotiations" and "Special
    Representative", respectively, substituting "the reasons" for "his
    reasons" in subsec. (b)(1), substituting "a summary" for "the text"
    in subsec. (b)(2), striking out the comma after "petitioner)" in
    subsec. (b)(2)(A), and inserting "or by any interested person"
    after "petitioner" in subsec. (b)(2)(B).

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,
    1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-
    113, set out as a note under section 1 of Title 35, Patents.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 applicable to petitions filed, and
    investigations initiated, under this section on or after Aug. 23,
    1988, and petitions filed, and investigations initiated, before
    Aug. 23, 1988, if by such date no decision had been made under
    section 2414 of this title regarding the petition or investigation,
    see section 1301(c) of Pub. L. 100-418, set out as a note under
    section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2413                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2413. Consultation upon initiation of investigation

-STATUTE-
    (a) In general
      (1) On the date on which an investigation is initiated under
    section 2412 of this title, the Trade Representative, on behalf of
    the United States, shall request consultations with the foreign
    country concerned regarding the issues involved in such
    investigation.
      (2) If the investigation initiated under section 2412 of this
    title involves a trade agreement and a mutually acceptable
    resolution is not reached before the earlier of - 
        (A) the close of the consultation period, if any, specified in
      the trade agreement, or
        (B) the 150th day after the day on which consultation was
      commenced,

    the Trade Representative shall promptly request proceedings on the
    matter under the formal dispute settlement procedures provided
    under such agreement.
      (3) The Trade Representative shall seek information and advice
    from the petitioner (if any) and the appropriate committees
    established pursuant to section 2155 of this title in preparing
    United States presentations for consultations and dispute
    settlement proceedings.
    (b) Delay of request for consultations
      (1) Notwithstanding the provisions of subsection (a) of this
    section - 
        (A) the United States Trade Representative may, after
      consulting with the petitioner (if any), delay for up to 90 days
      any request for consultations under subsection (a) of this
      section for the purpose of verifying or improving the petition to
      ensure an adequate basis for consultation, and
        (B) if such consultations are delayed by reason of subparagraph
      (A), each time limitation under section 2414 of this title shall
      be extended for the period of such delay.

      (2) The Trade Representative shall - 
        (A) publish notice of any delay under paragraph (1) in the
      Federal Register, and
        (B) report to Congress on the reasons for such delay in the
      report required under section 2419(a)(3) of this title.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 303, as added Pub. L. 96-39, title
    IX, Sec. 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98-573,
    title III, Secs. 304(d)(2)(B), (e), 306(c)(2)(C)(ii), Oct. 30,
    1984, 98 Stat. 3004, 3005, 3012; Pub. L. 100-418, title I, Sec.
    1301(a), Aug. 23, 1988, 102 Stat. 1170.)


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418 amended section generally, revising and
    restating substantially similar provisions.
      1984 - Subsec. (a). Pub. L. 98-573, Secs. 304(d)(2)(B), (e)(1),
    306(c)(2)(C)(ii), designated existing provisions as subsec. (a),
    struck out "with respect to a petition" after "section 2412(b) of
    this title", inserted "or the determination of the Trade
    Representative under section 2412(c)(1) of this title" after "in
    the petition", and "(if any)" after "petitioner", and struck out
    "private sector" after "appropriate".
      Subsec. (b). Pub. L. 98-573, Sec. 304(e)(2), added subsec. (b).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 applicable to petitions filed, and
    investigations initiated, under section 2412 of this title on or
    after Aug. 23, 1988, and petitions filed, and investigations
    initiated, before Aug. 23, 1988, if by such date no decision had
    been made under section 2414 of this title regarding the petition
    or investigation, see section 1301(c) of Pub. L. 100-418, set out
    as a note under section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2414                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2414. Determinations by Trade Representative

-STATUTE-
    (a) In general
      (1) On the basis of the investigation initiated under section
    2412 of this title and the consultations (and the proceedings, if
    applicable) under section 2413 of this title, the Trade
    Representative shall - 
        (A) determine whether - 
          (i) the rights to which the United States is entitled under
        any trade agreement are being denied, or
          (ii) any act, policy, or practice described in subsection
        (a)(1)(B) or (b)(1) of section 2411 of this title exists, and

        (B) if the determination made under subparagraph (A) is
      affirmative, determine what action, if any, the Trade
      Representative should take under subsection (a) or (b) of section
      2411 of this title.

      (2) The Trade Representative shall make the determinations
    required under paragraph (1) on or before - 
        (A) in the case of an investigation involving a trade
      agreement, except an investigation initiated pursuant to section
      2412(b)(2)(A) of this title involving rights under the Agreement
      on Trade-Related Aspects of Intellectual Property Rights
      (referred to in section 3511(d)(15) of this title) or the GATT
      1994 (as defined in section 3501(1)(B) of this title) relating to
      products subject to intellectual property protection, the earlier
      of - 
          (i) the date that is 30 days after the date on which the
        dispute settlement procedure is concluded, or
          (ii) the date that is 18 months after the date on which the
        investigation is initiated, or

        (B) in all cases not described in subparagraph (A) or paragraph
      (3), the date that is 12 months after the date on which the
      investigation is initiated.

      (3)(A) If an investigation is initiated under this subchapter by
    reason of section 2412(b)(2) of this title and - 
        (i) the Trade Representative considers that rights under the
      Agreement on Trade-Related Aspects of Intellectual Property
      Rights or the GATT 1994 relating to products subject to
      intellectual property protection are involved, the Trade
      Representative shall make the determination required under
      paragraph (1) not later than 30 days after the date on which the
      dispute settlement procedure is concluded; or
        (ii) the Trade Representative does not consider that a trade
      agreement, including the Agreement on Trade-Related Aspects of
      Intellectual Property Rights, is involved or does not make a
      determination described in subparagraph (B) with respect to such
      investigation, the Trade Representative shall make the
      determinations required under paragraph (1) with respect to such
      investigation not later than the date that is 6 months after the
      date on which such investigation is initiated.

      (B) If the Trade Representative determines with respect to an
    investigation initiated by reason of section 2412(b)(2) of this
    title (other than an investigation involving a trade agreement)
    that - 
        (i) complex or complicated issues are involved in the
      investigation that require additional time,
        (ii) the foreign country involved in the investigation is
      making substantial progress in drafting or implementing
      legislative or administrative measures that will provide adequate
      and effective protection of intellectual property rights, or
        (iii) such foreign country is undertaking enforcement measures
      to provide adequate and effective protection of intellectual
      property rights,

    the Trade Representative shall publish in the Federal Register
    notice of such determination and shall make the determinations
    required under paragraph (1) with respect to such investigation by
    no later than the date that is 9 months after the date on which
    such investigation is initiated.
      (4) In any case in which a dispute is not resolved before the
    close of the minimum dispute settlement period provided for in a
    trade agreement, the Trade Representative, within 15 days after the
    close of such dispute settlement period, shall submit a report to
    Congress setting forth the reasons why the dispute was not resolved
    within the minimum dispute settlement period, the status of the
    case at the close of the period, and the prospects for resolution.
    For purposes of this paragraph, the minimum dispute settlement
    period provided for under any such trade agreement is the total
    period of time that results if all stages of the formal dispute
    settlement procedures are carried out within the time limitations
    specified in the agreement, but computed without regard to any
    extension authorized under the agreement at any stage.
    (b) Consultation before determinations
      (1) Before making the determinations required under subsection
    (a)(1) of this section, the Trade Representative, unless
    expeditious action is required - 
        (A) shall provide an opportunity (after giving not less than 30
      days notice thereof) for the presentation of views by interested
      persons, including a public hearing if requested by any
      interested person,
        (B) shall obtain advice from the appropriate committees
      established pursuant to section 2155 of this title, and
        (C) may request the views of the United States International
      Trade Commission regarding the probable impact on the economy of
      the United States of the taking of action with respect to any
      goods or service.

      (2) If the Trade Representative does not comply with the
    requirements of subparagraphs (A) and (B) of paragraph (1) because
    expeditious action is required, the Trade Representative shall,
    after making the determinations under subsection (a)(1) of this
    section, comply with such subparagraphs.
    (c) Publication
      The Trade Representative shall publish in the Federal Register
    any determination made under subsection (a)(1) of this section,
    together with a description of the facts on which such
    determination is based.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 304, as added Pub. L. 96-39, title
    IX, Sec. 901, July 26, 1979, 93 Stat. 297; amended Pub. L. 98-573,
    title III, Secs. 304(d)(2)(C), 306(c)(2)(C)(ii), Oct. 30, 1984, 98
    Stat. 3005, 3012; Pub. L. 100-418, title I, Sec. 1301(a), Aug. 23,
    1988, 102 Stat. 1170; Pub. L. 103-465, title III, Sec. 314(d), Dec.
    8, 1994, 108 Stat. 4940; Pub. L. 104-295, Sec. 20(c)(6), Oct. 11,
    1996, 110 Stat. 3528; Pub. L. 108-429, title II, Sec. 2201(a), (b),
    Dec. 3, 2004, 118 Stat. 2598, 2599.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(2)(A). Pub. L. 108-429, Sec. 2201(a), in
    introductory provisions, inserted "except an investigation
    initiated pursuant to section 2412(b)(2)(A) of this title involving
    rights under the Agreement on Trade-Related Aspects of Intellectual
    Property Rights (referred to in section 3511(d)(15) of this title)
    or the GATT 1994 (as defined in section 3501(1)(B) of this title)
    relating to products subject to intellectual property protection,"
    after "agreement,".
      Subsec. (a)(3)(A). Pub. L. 108-429, Sec. 2201(b), amended subpar.
    (A) generally. Prior to amendment, subpar. (A) read as follows: "If
    an investigation is initiated under this subchapter by reason of
    section 2412(b)(2) of this title and the Trade Representative does
    not consider that a trade agreement, including the Agreement on
    Trade-Related Aspects of Intellectual Property Rights (referred to
    in section 3511(d)(15) of this title), is involved or does not make
    a determination described in subparagraph (B) with respect to such
    investigation, the Trade Representative shall make the
    determinations required under paragraph (1) with respect to such
    investigation by no later than the date that is 6 months after the
    date on which such investigation is initiated."
      1996 - Subsec. (a)(3)(A). Pub. L. 104-295 inserted "Rights" after
    "Intellectual Property".
      1994 - Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 314(d)(1), struck
    out "(other than the agreement on subsidies and countervailing
    measures described in section 2503(c)(5) of this title)" after
    "trade agreement".
      Subsec. (a)(3)(A). Pub. L. 103-465, Sec. 314(d)(2)(A), inserted
    "does not consider that a trade agreement, including the Agreement
    on Trade-Related Aspects of Intellectual Property (referred to in
    section 3511(d)(15) of this title), is involved or" after "Trade
    Representative" the first place appearing.
      Subsec. (a)(3)(B). Pub. L. 103-465, Sec. 314(d)(2)(B), in
    introductory provisions, substituted "an investigation initiated by
    reason of section 2412(b)(2) of this title (other than an
    investigation involving a trade agreement)" for "any investigation
    initiated by reason of section 2412(b)(2) of this title".
      Subsec. (a)(4). Pub. L. 103-465, Sec. 314(d)(3), struck out
    "(other than the agreement on subsidies and countervailing measures
    described in section 2503(c)(5) of this title)" after "in a trade
    agreement".
      1988 - Pub. L. 100-418 amended section generally, substituting
    provisions relating to determinations by Trade Representative for
    provisions relating to recommendations by Trade Representative.
      1984 - Subsec. (a)(1). Pub. L. 98-573, Sec. 304(d)(2)(C),
    substituted "matters under investigation" for "issues raised in the
    petition" in first sentence.
      Subsec. (b)(2). Pub. L. 98-573, Sec. 306(c)(2)(C)(ii), struck out
    "private sector" after "appropriate".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the date on which the
    WTO Agreement enters into force with respect to the United States
    [Jan. 1, 1995], see section 316(a) of Pub. L. 103-465, set out as
    an Effective Date note under section 3581 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 applicable to petitions filed, and
    investigations initiated, under section 2412 of this title on or
    after Aug. 23, 1988, and petitions filed, and investigations
    initiated, before Aug. 23, 1988, if by such date no decision had
    been made under this section regarding the petition or
    investigation, see section 1301(c) of Pub. L. 100-418, set out as a
    note under section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2415                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2415. Implementation of actions

-STATUTE-
    (a) Actions to be taken under section 2411
      (1) Except as provided in paragraph (2), the Trade Representative
    shall implement the action the Trade Representative determines
    under section 2414(a)(1)(B) of this title to take under section
    2411 of this title, subject to the specific direction, if any, of
    the President regarding any such action, by no later than the date
    that is 30 days after the date on which such determination is made.
      (2)(A) Except as otherwise provided in this paragraph, the Trade
    Representative may delay, by not more than 180 days, the
    implementation of any action that is to be taken under section 2411
    of this title - 
        (i) if - 
          (I) in the case of an investigation initiated under section
        2412(a) of this title, the petitioner requests a delay, or
          (II) in the case of an investigation initiated under section
        2412(b)(1) of this title or to which section 2414(a)(3)(B) of
        this title applies, a delay is requested by a majority of the
        representatives of the domestic industry that would benefit
        from the action, or

        (ii) if the Trade Representative determines that substantial
      progress is being made, or that a delay is necessary or
      desirable, to obtain United States rights or a satisfactory
      solution with respect to the acts, policies, or practices that
      are the subject of the action.

      (B) The Trade Representative may not delay under subparagraph (A)
    the implementation of any action that is to be taken under section
    2411 of this title with respect to any investigation to which
    section 2414(a)(3)(A)(ii) of this title applies.
      (C) The Trade Representative may not delay under subparagraph (A)
    the implementation of any action that is to be taken under section
    2411 of this title with respect to any investigation to which
    section 2414(a)(3)(B) of this title applies by more than 90 days.
    (b) Alternative actions in certain cases of export targeting
      (1) If the Trade Representative makes an affirmative
    determination under section 2414(a)(1)(A) of this title involving
    export targeting by a foreign country and determines to take no
    action under section 2411 of this title with respect to such
    affirmation determination, the Trade Representative - 
        (A) shall establish an advisory panel to recommend measures
      which will promote the competitiveness of the domestic industry
      affected by the export targeting,
        (B) on the basis of the report of such panel submitted under
      paragraph (2)(B) and subject to the specific direction, if any,
      of the President, may take any administrative actions authorized
      under any other provision of law, and, if necessary, propose
      legislation to implement any other actions, that would restore or
      improve the international competitiveness of the domestic
      industry affected by the export targeting, and
        (C) shall, by no later than the date that is 30 days after the
      date on which the report of such panel is submitted under
      paragraph (2)(B), submit a report to the Congress on the
      administrative actions taken, and legislative proposals made,
      under subparagraph (B) with respect to the domestic industry
      affected by the export targeting.

      (2)(A) The advisory panels established under paragraph (1)(A)
    shall consist of individuals appointed by the Trade Representative
    who - 
        (i) earn their livelihood in the private sector of the economy,
      including individuals who represent management and labor in the
      domestic industry affected by the export targeting that is the
      subject of the affirmative determination made under section
      2414(a)(1)(A) of this title, and
        (ii) by education or experience, are qualified to serve on the
      advisory panel.

      (B) By no later than the date that is 6 months after the date on
    which an advisory panel is established under paragraph (1)(A), the
    advisory panel shall submit to the Trade Representative and to the
    Congress a report on measures that the advisory panel recommends be
    taken by the United States to promote the competitiveness of the
    domestic industry affected by the export targeting that is the
    subject of the affirmative determination made under section
    2414(a)(1)(A) of this title.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 305, as added Pub. L. 96-39, title
    IX, Sec. 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 98-573,
    title III, Sec. 304(g), Oct. 30, 1984, 98 Stat. 3006; Pub. L. 100-
    418, title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1172; Pub. L.
    108-429, title II, Sec. 2201(c), Dec. 3, 2004, 118 Stat. 2599.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(2)(B). Pub. L. 108-429 substituted "section
    2414(a)(3)(A)(ii)" for "section 2414(a)(3)(A)".
      1988 - Pub. L. 100-418 amended section generally, substituting
    provisions relating to implementation of actions for provisions
    relating to requests for information. See section 2418 of this
    title.
      1984 - Subsec. (c). Pub. L. 98-573 added subsec. (c).

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 applicable to petitions filed, and
    investigations initiated, under section 2412 of this title on or
    after Aug. 23, 1988, and petitions filed, and investigations
    initiated, before Aug. 23, 1988, if by such date no decision had
    been made under section 2414 of this title regarding the petition
    or investigation, see section 1301(c) of Pub. L. 100-418, set out
    as a note under section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2416                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2416. Monitoring of foreign compliance

-STATUTE-
    (a) In general
      The Trade Representative shall monitor the implementation of each
    measure undertaken, or agreement that is entered into, by a foreign
    country to provide a satisfactory resolution of a matter subject to
    investigation under this subchapter or subject to dispute
    settlement proceedings to enforce the rights of the United States
    under a trade agreement providing for such proceedings.
    (b) Further action
      (1) In general
        If, on the basis of the monitoring carried out under subsection
      (a) of this section, the Trade Representative considers that a
      foreign country is not satisfactorily implementing a measure or
      agreement referred to in subsection (a) of this section, the
      Trade Representative shall determine what further action the
      Trade Representative shall take under section 2411(a) of this
      title. For purposes of section 2411 of this title, any such
      determination shall be treated as a determination made under
      section 2414(a)(1) of this title.
      (2) WTO dispute settlement recommendations
        (A) Failure to implement recommendation
          If the measure or agreement referred to in subsection (a) of
        this section concerns the implementation of a recommendation
        made pursuant to dispute settlement proceedings under the World
        Trade Organization, and the Trade Representative considers that
        the foreign country has failed to implement it, the Trade
        Representative shall make the determination in paragraph (1) no
        later than 30 days after the expiration of the reasonable
        period of time provided for such implementation under paragraph
        21 of the Understanding on Rules and Procedures Governing the
        Settlement of Disputes that is referred to in section
        3511(d)(16) of this title.
        (B) Revision of retaliation list and action
          (i) In general
            Except as provided in clause (ii), in the event that the
          United States initiates a retaliation list or takes any other
          action described in section 2411(c)(1)(A) or (B) of this
          title against the goods of a foreign country or countries
          because of the failure of such country or countries to
          implement the recommendation made pursuant to a dispute
          settlement proceeding under the World Trade Organization, the
          Trade Representative shall periodically revise the list or
          action to affect other goods of the country or countries that
          have failed to implement the recommendation.
          (ii) Exception
            The Trade Representative is not required to revise the
          retaliation list or the action described in clause (i) with
          respect to a country, if - 
              (I) the Trade Representative determines that
            implementation of a recommendation made pursuant to a
            dispute settlement proceeding described in clause (i) by
            the country is imminent; or
              (II) the Trade Representative together with the
            petitioner involved in the initial investigation under this
            subchapter (or if no petition was filed, the affected
            United States industry) agree that it is unnecessary to
            revise the retaliation list.
        (C) Schedule for revising list or action
          The Trade Representative shall, 120 days after the date the
        retaliation list or other section 2411(a) action is first
        taken, and every 180 days thereafter, review the list or action
        taken and revise, in whole or in part, the list or action to
        affect other goods of the subject country or countries.
        (D) Standards for revising list or action
          In revising any list or action against a country or countries
        under this subsection, the Trade Representative shall act in a
        manner that is most likely to result in the country or
        countries implementing the recommendations adopted in the
        dispute settlement proceeding or in achieving a mutually
        satisfactory solution to the issue that gave rise to the
        dispute settlement proceeding. The Trade Representative shall
        consult with the petitioner, if any, involved in the initial
        investigation under this subchapter.
        (E) Retaliation list
          The term "retaliation list" means the list of products of a
        foreign country or countries that have failed to comply with
        the report of the panel or Appellate Body of the WTO and with
        respect to which the Trade Representative is imposing duties
        above the level that would otherwise be imposed under the
        Harmonized Tariff Schedule of the United States.
        (F) Requirement to include reciprocal goods on retaliation list
          The Trade Representative shall include on the retaliation
        list, and on any revised lists, reciprocal goods of the
        industries affected by the failure of the foreign country or
        countries to implement the recommendation made pursuant to a
        dispute settlement proceeding under the World Trade
        Organization, except in cases where existing retaliation and
        its corresponding preliminary retaliation list do not already
        meet this requirement.
    (c) Consultations
      Before making any determination under subsection (b) of this
    section, the Trade Representative shall - 
        (1) consult with the petitioner, if any, involved in the
      initial investigation under this subchapter and with
      representatives of the domestic industry concerned; and
        (2) provide an opportunity for the presentation of views by
      interested persons.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 306, as added Pub. L. 96-39, title
    IX, Sec. 901, July 26, 1979, 93 Stat. 299; amended Pub. L. 100-418,
    title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1173; Pub. L. 103-
    465, title III, Sec. 314(e), Dec. 8, 1994, 108 Stat. 4941; Pub. L.
    104-295, Sec. 20(c)(1), Oct. 11, 1996, 110 Stat. 3528; Pub. L. 106-
    200, title IV, Sec. 407, May 18, 2000, 114 Stat. 293.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in subsec. (b)(2)(E), is not set out in the Code. See Publication
    of Harmonized Tariff Schedule note set out under section 1202 of
    this title.


-MISC1-
                                AMENDMENTS                            
      2000 - Subsec. (b)(2). Pub. L. 106-200 designated existing
    provisions as subpar. (A), inserted heading, and added subpars. (B)
    to (F).
      1996 - Subsec. (b)(1). Pub. L. 104-295 made technical amendment
    to Pub. L. 103-465. See 1994 Amendment note below.
      1994 - Subsecs. (a), (b). Pub. L. 103-465, as amended by Pub. L.
    104-295, amended subsecs. (a) and (b) generally. Prior to
    amendment, subsecs. (a) and (b) read as follows:
      "(a) In General. - The Trade Representative shall monitor the
    implementation of each measure undertaken, or agreement of a kind
    described in clause (i), (ii), or (iii) of section 2411(a)(2)(B) of
    this title that is entered into under subsection (a) or (b) of
    section 2411 of this title, by a foreign country - 
        "(1) to enforce the rights of the United States under any trade
      agreement, or
        "(2) to eliminate any act, policy, or practice described in
      subsection (a)(1)(B) or (b)(1) of section 2411 of this title.
      "(b) Further Action. - If, on the basis of the monitoring carried
    out under subsection (a) of this section, the Trade Representative
    considers that a foreign country is not satisfactorily implementing
    a measure or agreement referred to in subsection (a) of this
    section, the Trade Representative shall determine what further
    action the Trade Representative shall take under section 2411(a) of
    this title. For purposes of section 2411 of this title, any such
    determination shall be treated as a determination made under
    section 2414(a)(1) of this title."
      1988 - Pub. L. 100-418 amended section generally, substituting
    provisions relating to monitoring of foreign compliance for
    provisions relating to administration. See section 2419 of this
    title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-465 effective on the date on which the
    WTO Agreement enters into force with respect to the United States
    [Jan. 1, 1995], see section 316(a) of Pub. L. 103-465, set out as
    an Effective Date note under section 3581 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 applicable to petitions filed, and
    investigations initiated, under section 2412 of this title on or
    after Aug. 23, 1988, and petitions filed, and investigations
    initiated, before Aug. 23, 1988, if by such date no decision had
    been made under section 2414 of this title regarding the petition
    or investigation, see section 1301(c) of Pub. L. 100-418, set out
    as a note under section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2417                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2417. Modification and termination of actions

-STATUTE-
    (a) In general
      (1) The Trade Representative may modify or terminate any action,
    subject to the specific direction, if any, of the President with
    respect to such action, that is being taken under section 2411 of
    this title if - 
        (A) any of the conditions described in section 2411(a)(2) of
      this title exist,
        (B) the burden or restriction on United States commerce of the
      denial rights, or of the acts, policies, and practices, that are
      the subject of such action has increased or decreased, or
        (C) such action is being taken under section 2411(b) of this
      title and is no longer appropriate.

      (2) Before taking any action under paragraph (1) to modify or
    terminate any action taken under section 2411 of this title, the
    Trade Representative shall consult with the petitioner, if any, and
    with representatives of the domestic industry concerned, and shall
    provide opportunity for the presentation of views by other
    interested persons affected by the proposed modification or
    termination concerning the effects of the modification or
    termination and whether any modification or termination of the
    action is appropriate.
    (b) Notice; report to Congress
      The Trade Representative shall promptly publish in the Federal
    Register notice of, and report in writing to the Congress with
    respect to, any modification or termination of any action taken
    under section 2411 of this title and the reasons therefor.
    (c) Review of necessity
      (1) If - 
        (A) a particular action has been taken under section 2411 of
      this title during any 4-year period, and
        (B) neither the petitioner nor any representative of the
      domestic industry which benefits from such action has submitted
      to the Trade Representative during the last 60 days of such 4-
      year period a written request for the continuation of such
      action,

    such action shall terminate at the close of such 4-year period.
      (2) The Trade Representative shall notify by mail the petitioner
    and representatives of the domestic industry described in paragraph
    (1)(B) of any termination of action by reason of paragraph (1) at
    least 60 days before the date of such termination.
      (3) If a request is submitted to the Trade Representative under
    paragraph (1)(B) to continue taking a particular action under
    section 2411 of this title, the Trade Representative shall conduct
    a review of - 
        (A) the effectiveness in achieving the objectives of section
      2411 of this title of - 
          (i) such action, and
          (ii) other actions that could be taken (including actions
        against other products or services), and

        (B) the effects of such actions on the United States economy,
      including consumers.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 307, as added Pub. L. 100-418,
    title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1174.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to petitions filed, and investigations
    initiated, under section 2412 of this title on or after Aug. 23,
    1988, and petitions filed, and investigations initiated, before
    Aug. 23, 1988, if by such date no decision had been made under
    section 2414 of this title regarding the petition or investigation,
    see section 1301(c) of Pub. L. 100-418, set out as an Effective
    Date of 1988 Amendment note under section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2418                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2418. Request for information

-STATUTE-
    (a) In general
      Upon receipt of written request therefor from any person, the
    Trade Representative shall make available to that person
    information (other than that to which confidentiality applies)
    concerning - 
        (1) the nature and extent of a specific trade policy or
      practice of a foreign country with respect to particular goods,
      services, investment, or intellectual property rights, to the
      extent that such information is available to the Trade
      Representative or other Federal agencies;
        (2) United States rights under any trade agreement and the
      remedies which may be available under that agreement and under
      the laws of the United States; and
        (3) past and present domestic and international proceedings or
      actions with respect to the policy or practice concerned.
    (b) If information not available
      If information that is requested by a person under subsection (a)
    of this section is not available to the Trade Representative or
    other Federal agencies, the Trade Representative shall, within 30
    days after receipt of the request - 
        (1) request the information from the foreign government; or
        (2) decline to request the information and inform the person in
      writing of the reasons for refusal.
    (c) Certain business information not made available
      (1) Except as provided in paragraph (2), and notwithstanding any
    other provision of law (including section 552 of title 5), no
    information requested and received by the Trade Representative in
    aid of any investigation under this subchapter shall be made
    available to any person if - 
        (A) the person providing such information certifies that - 
          (i) such information is business confidential,
          (ii) the disclosure of such information would endanger trade
        secrets or profitability, and
          (iii) such information is not generally available;

        (B) the Trade Representative determines that such certification
      is well-founded; and
        (C) to the extent required in regulations prescribed by the
      Trade Representative, the person providing such information
      provides an adequate nonconfidential summary of such information.

      (2) The Trade Representative may - 
        (A) use such information, or make such information available
      (in his own discretion) to any employee of the Federal Government
      for use, in any investigation under this subchapter, or
        (B) may make such information available to any other person in
      a form which cannot be associated with, or otherwise identify,
      the person providing the information.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 308, as added Pub. L. 100-418,
    title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1175.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to petitions filed, and investigations
    initiated, under section 2412 of this title on or after Aug. 23,
    1988, and petitions filed, and investigations initiated, before
    Aug. 23, 1988, if by such date no decision had been made under
    section 2414 of this title regarding the petition or investigation,
    see section 1301(c) of Pub. L. 100-418, set out as an Effective
    Date of 1988 Amendment note under section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2419                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2419. Administration

-STATUTE-
      The Trade Representative shall - 
        (1) issue regulations concerning the filing of petitions and
      the conduct of investigations and hearings under this subchapter,
        (2) keep the petitioner regularly informed of all
      determinations and developments regarding the investigation
      conducted with respect to the petition under this subchapter,
      including the reasons for any undue delays, and
        (3) submit a report to the House of Representatives and the
      Senate semiannually describing - 
          (A) the petitions filed and the determinations made (and
        reasons therefor) under section 2412 of this title,
          (B) developments in, and the current status of, each
        investigation or proceeding under this subchapter,
          (C) the actions taken, or the reasons for no action, by the
        Trade Representative under section 2411 of this title with
        respect to investigations conducted under this subchapter, and
          (D) the commercial effects of actions taken under section
        2411 of this title.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 309, as added Pub. L. 100-418,
    title I, Sec. 1301(a), Aug. 23, 1988, 102 Stat. 1175.)


-MISC1-
                              EFFECTIVE DATE                          
      Section applicable to petitions filed, and investigations
    initiated, under section 2412 of this title on or after Aug. 23,
    1988, and petitions filed, and investigations initiated, before
    Aug. 23, 1988, if by such date no decision had been made under
    section 2414 of this title regarding the petition or investigation,
    see section 1301(c) of Pub. L. 100-418, set out as an Effective
    Date of 1988 Amendment note under section 2411 of this title.

-End-



-CITE-
    19 USC Sec. 2420                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER III - ENFORCEMENT OF UNITED STATES RIGHTS UNDER TRADE
           AGREEMENTS AND RESPONSE TO CERTAIN FOREIGN TRADE
           PRACTICES                                     

-HEAD-
    Sec. 2420. Identification of trade expansion priorities

-STATUTE-
    (a) Identification
      (1) Within 180 days after the submission in calendar year 1995 of
    the report required by section 2241(b) of this title, the Trade
    Representative shall - 
        (A) review United States trade expansion priorities,
        (B) identify priority foreign country practices, the
      elimination of which is likely to have the most significant
      potential to increase United States exports, either directly or
      through the establishment of a beneficial precedent, and
        (C) submit to the Committee on Finance of the Senate and the
      Committee on Ways and Means of the House of Representatives and
      publish in the Federal Register a report on the priority foreign
      country practices identified.

      (2) In identifying priority foreign country practices under
    paragraph (1) of this section, the Trade Representative shall take
    into account all relevant factors, including - 
        (A) the major barriers and trade distorting practices described
      in the National Trade Estimate Report required under section
      2241(b) of this title;
        (B) the trade agreements to which a foreign country is a party
      and its compliance with those agreements;
        (C) the medium- and long-term implications of foreign
      government procurement plans; and
        (D) the international competitive position and export potential
      of United States products and services.

      (3) The Trade Representative may include in the report, if
    appropriate - 
        (A) a description of foreign country practices that may in the
      future warrant identification as priority foreign country
      practices; and
        (B) a statement about other foreign country practices that were
      not identified because they are already being addressed by
      provisions of United States trade law, by existing bilateral
      trade agreements, or as part of trade negotiations with other
      countries and progress is being made toward the elimination of
      such practices.
    (b) Initiation of investigations
      By no later than the date which is 21 days after the date on
    which a report is submitted to the appropriate congressional
    committees under subsection (a)(1) of this section, the Trade
    Representative shall initiate under section 2412(b)(1) of this
    title investigations under this subchapter with respect to all of
    the priority foreign country practices identified.
    (c) Agreements for elimination of barriers
      In the consultations with a foreign country that the Trade
    Representative is required to request under section 2413(a) of this
    title with respect to an investigation initiated by reason of
    subsection (b) of this section, the Trade Representative shall seek
    to negotiate an agreement that provides for the elimination of the
    practices that are the subject of the investigation as quickly as
    possible or, if elimination of the practices is not feasible, an
    agreement that provides for compensatory trade benefits.
    (d) Reports
      The Trade Representative shall include in the semiannual report
    required by section 2419 of this title a report on the status of
    any investigations initiated pursuant to subsection (b) of this
    section and, where appropriate, the extent to which such
    investigations have led to increased opportunities for the export
    of products and services of the United States.

-SOURCE-
    (Pub. L. 93-618, title III, Sec. 310, as added Pub. L. 100-418,
    title I, Sec. 1302(a), Aug. 23, 1988, 102 Stat. 1176; amended Pub.
    L. 103-465, title III, Sec. 314(f), Dec. 8, 1994, 108 Stat. 4941.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-465 amended section generally, changing dates
    and criteria for submission of certain reports and revising and
    restructuring provisions relating to identification of trade
    liberalization priorities, initiation of investigations, and
    agreements for elimination of barriers.


-EXEC-
     EX. ORD. NO. 12901. IDENTIFICATION OF TRADE EXPANSION PRIORITIES 
      Ex. Ord. No. 12901, Mar. 3, 1994, 59 F.R. 10727, as amended by
    Ex. Ord. No. 12973, Sept. 27, 1995, 60 F.R. 51665, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including sections
    141 and 301-310 of the Trade Act of 1974, as amended (the "Act")
    (19 U.S.C. 2171, 2411-2420), and section 301 of title 3, United
    States Code, and to ensure that the trade policies of the United
    States advance, to the greatest extent possible, the export of the
    products and services of the United States and that trade policy
    resources are used efficiently, it is hereby ordered as follows:
      Section 1. Identification. (a) Within 6 months of the submission
    of the National Trade Estimate Report (required by section 181(b)
    of the Act (19 U.S.C. 2241)) for 1996 and 1997, the United States
    Trade Representative ("Trade Representative") shall review United
    States trade expansion priorities and identify priority foreign
    country practices, the elimination of which is likely to have the
    most significant potential to increase United States exports,
    either directly or through the establishment of a beneficial
    precedent. The Trade Representative shall submit to the Committee
    on Finance of the Senate and the Committee on Ways and Means of the
    House of Representatives, and shall publish in the Federal
    Register, a report on the priority foreign country practices
    identified.
      (b) In identifying priority foreign country practices under
    paragraph (a) of this section, the Trade Representative shall take
    into account all relevant factors, including:
        (1) the major barriers and trade distorting practices described
      in the National Trade Estimate Report;
        (2) the trade agreements to which a foreign country is a party
      and its compliance with those agreements;
        (3) the medium-term and long-term implications of foreign
      government procurement plans; and
        (4) the international competitive position and export potential
      of United States products and services.
      (c) The Trade Representative may include in the report, if
    appropriate, a description of the foreign country practices that
    may in the future warrant identification as priority foreign
    country practices. The Trade Representative also may include a
    statement about other foreign country practices that were not
    identified because they are already being addressed by provisions
    of United States trade law, existing bilateral trade agreements, or
    in trade negotiations with other countries and progress is being
    made toward their elimination.
      Sec. 2. Initiation of Investigation. Within 21 days of the
    submission of the report required by paragraph (a) of section 1,
    the Trade Representative shall initiate under section 302(b)(1) of
    the Act (19 U.S.C. 2412(b)(1)) investigations under title III,
    chapter 1, of the Act [19 U.S.C. 2411 et seq.] with respect to all
    of the priority foreign country practices identified.
      Sec. 3. Agreements for the Elimination of Barriers. In the
    consultations with a foreign country that the Trade Representative
    is required to request under section 303(a) of the Act (19 U.S.C.
    2413(a)) with respect to an investigation initiated by reason of
    section 2 of this order, the Trade Representative shall seek to
    negotiate an agreement that provides for the elimination of the
    practices that are the subject of the investigation as quickly as
    possible or, if that is not feasible, provides for compensatory
    trade benefits. The Trade Representative shall monitor any
    agreement entered into under this section pursuant to the
    provisions of section 306 of the Act (19 U.S.C. 2416).
      Sec. 4. Reports. The Trade Representative shall include in the
    semiannual report required by section 309 of the Act (19 U.S.C.
    2419) a report on the status of any investigation initiated
    pursuant to section 2 of this order and, where appropriate, the
    extent to which such investigations have led to increased
    opportunities for the export of products and services of the United
    States.
      Sec. 5. Presidential Direction. The authorities delegated
    pursuant to this order shall be exercised subject to any subsequent
    direction by the President in a particular matter.
                                                     William J. Clinton.

     EX. ORD. NO. 13116. IDENTIFICATION OF TRADE EXPANSION PRIORITIES
                 AND DISCRIMINATORY PROCUREMENT PRACTICES
      Ex. Ord. No. 13116, Mar. 31, 1999, 64 F.R. 16333, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including title III
    of the Act of March 3, 1993 [1933], as amended (41 U.S.C. 10d),
    sections 141 and 301-310 of the Trade Act of 1974, as amended (the
    Act) (19 U.S.C. 2171, 2411-2420), title III of the Trade Agreements
    Act of 1979, as amended (19 U.S.C. 2511-2518), and section 301 of
    title 3, United States Code, and to ensure that the trade policies
    of the United States advance, to the greatest extent possible, the
    export of the products and services of the United States and that
    trade policy resources are used efficiently, it is hereby ordered
    as follows:

           PART I: IDENTIFICATION OF TRADE EXPANSION PRIORITIES       
      Section 1. Identification and Annual Report. (a) Within 30 days
    of the submission of the National Trade Estimate Report required by
    section 181(b) of the Act (19 U.S.C. 2241(b)) for 1999, 2000, and
    2001, the United States Trade Representative (Trade Representative)
    shall review United States trade expansion priorities and identify
    priority foreign country practices, the elimination of which is
    likely to have the most significant potential to increase United
    States exports, either directly or through the establishment of a
    beneficial precedent. The Trade Representative shall submit to the
    Committee on Finance of the Senate and the Committee on Ways and
    Means of the House of Representatives, and shall publish in the
    Federal Register, a report on the priority foreign country
    practices identified.
      (b) In identifying priority foreign country practices under
    paragraph (a) of this section, the Trade Representative shall take
    into account all relevant factors, including:
        (1) the major barriers and trade distorting practices described
      in the National Trade Estimate Report;
        (2) the trade agreements to which a foreign country is a party
      and its compliance with those agreements;
        (3) the medium-term and long-term implications of foreign
      government procurement plans; and
        (4) the international competitive position and export potential
      of United States products and services.
      (c) The Trade Representative may include in the report, if
    appropriate, a description of the foreign country practices that
    may in the future warrant identification as priority foreign
    country practices. The Trade Representative also may include a
    statement about other foreign country practices that were not
    identified because they are already being addressed by provisions
    of United States trade law, existing bilateral trade agreements, or
    in trade negotiations with other countries and progress is being
    made toward their elimination.
      Sec. 2. Resolution. Upon submission of the report required by
    paragraph (a) of section 1 of this part, the Trade Representative
    shall, with respect to any priority foreign country practice
    identified therein, engage the country concerned for the purpose of
    seeking a satisfactory resolution, for example, by obtaining
    compliance with a trade agreement or the elimination of the
    practice as quickly as possible, or, if this is not feasible, by
    providing for compensatory trade benefits.
      Sec. 3. Initiation of Investigations. Within 90 days of the
    submission of the report required by paragraph (a) of section 1 of
    this part, the Trade Representative shall initiate under section
    302(b)(1) of the Act (19 U.S.C. 2412(b)(1)) investigations with
    respect to all of the priority foreign country practices
    identified, unless during the 90-day period the Trade
    Representative determines that a satisfactory resolution of the
    matter to be investigated has been achieved.

     PART II: IDENTIFICATION OF DISCRIMINATORY GOVERNMENT PROCUREMENT
                                 PRACTICES
      Section 1. Identification and Annual Report. (a) Within 30 days
    of the submission of the National Trade Estimate Report for 1999,
    2000, and 2001, the Trade Representative shall submit to the
    Committees on Finance and on Governmental Affairs [now Committee on
    Homeland Security and Governmental Affairs] of the Senate and the
    Committees on Ways and Means and Government Reform and Oversight of
    the House of Representatives, and shall publish in the Federal
    Register, a report on the extent to which foreign countries
    discriminate against U.S. products or services in making government
    procurements.
      (b) In the report, the Trade Representative shall identify
    countries that:
        (1) are not in compliance with their obligations under the
      World Trade Organization Agreement on Government Procurement (the
      GPA), Chapter 10 of the North American Free Trade Agreement
      (NAFTA), or other agreements relating to government procurement
      (procurement agreements) to which that country and the United
      States are parties; or
        (2) maintain, in government procurement, a significant and
      persistent pattern or practice of discrimination against U.S.
      products or services that results in identifiable harm to U.S.
      businesses and whose products or services are acquired in
      significant amounts by the United States Government.
      Sec. 2. Considerations in Making Identifications. In making the
    identifications required by section 1 of this part, the Trade
    Representative shall: (a) consider the requirements of the GPA,
    NAFTA, or other procurement agreements, government procurement
    practices, and the effects of such practices on U.S. businesses as
    a basis for evaluating whether the procurement practices of foreign
    governments do not provide fair market opportunities for U.S.
    products or services;
      (b) take into account, among other factors, whether and to what
    extent countries that are parties to the GPA, NAFTA, or other
    procurement agreements, and other countries described in section 1
    of this part:
        (1) use sole-sourcing or otherwise noncompetitive procedures
      for procurement that could have been conducted using competitive
      procedures;
        (2) conduct what normally would have been one procurement as
      two or more procurements, to decrease the anticipated contract
      values below the value threshold of the GPA, NAFTA, or other
      procurement agreements, or to make the procurement less
      attractive to U.S. businesses;
        (3) announce procurement opportunities with inadequate time
      intervals for U.S. businesses to submit bids; and
        (4) use specifications in such a way as to limit the ability of
      U.S. suppliers to participate in procurements; and
      (c) consider information included in the National Trade Estimate
    Report, and any other additional criteria deemed appropriate,
    including, to the extent such information is available, the failure
    to apply transparent and competitive procedures or maintain and
    enforce effective prohibitions on bribery and other corrupt
    practices in connection with government procurement.
      Sec. 3. Impact of Noncompliance and Denial of Comparable
    Treatment. The Trade Representative shall take into account, in
    identifying countries in the annual report and in any action
    required by this part, the relative impact of any noncompliance
    with the GPA, NAFTA, or other procurement agreements, or of other
    discrimination on U.S. commerce, and the extent to which such
    noncompliance or discrimination has impeded the ability of U.S.
    suppliers to participate in procurements on terms comparable to
    those available to suppliers of the country in question when
    seeking to sell goods or services to the United States Government.
      Sec. 4. Resolution. Upon submission of the report required by
    section 1 of this part, the Trade Representative shall engage any
    country identified therein for the purpose of seeking a
    satisfactory resolution, for example, by obtaining compliance with
    the GPA, NAFTA, or other procurement agreements or the elimination
    of the discriminatory procurement practices as quickly as possible,
    or, if this is not feasible, by providing for compensatory trade
    benefits.
      Sec. 5. Initiation of Investigations. (a) Within 90 days of the
    submission of the report required by section 1 of this part, the
    Trade Representative shall initiate under section 302(b)(1) of the
    Act (19 U.S.C. 2412(b)(1)) investigations with respect to any
    practice that:
        (1) was the basis for the identification of a country under
      section 1; and
        (2) is not at that time the subject of any other investigation
      or action under title III, chapter 1, of the Act [19 U.S.C. 2411
      et seq.],
    unless during the 90-day period the Trade Representative determines
    that a satisfactory resolution of the matter to be investigated has
    been achieved.
      (b) For investigations initiated under paragraph (a) of this
    section (other than an investigation involving the GPA or NAFTA),
    the Trade Representative shall apply the time limits and procedures
    in section 304(a)(3) of the Act (19 U.S.C. 2414(a)(3)). The time
    limits in subsection 304(a)(3)(B) of the Act (19 U.S.C.
    2414(a)(3)(B)) shall apply if the Trade Representative determines
    that:
        (1) complex or complicated issues are involved in the
      investigation that require additional time;
        (2) the foreign country involved in the investigation is making
      substantial progress in drafting or implementing legislative or
      administrative measures that will end the discriminatory
      procurement practice; or
        (3) such foreign country is undertaking enforcement measures to
      end the discriminatory procurement practice.

                            PART III: DIRECTION                        
      Section 1. Presidential Direction. The authorities delegated
    pursuant to this order shall be exercised subject to any subsequent
    direction by the President in a particular matter.
      Sec. 2. Consultations and Advice. In developing the annual
    reports required by part I and part II of this order, the Trade
    Representative shall consult with executive agencies and seek
    information and advice from U.S. businesses in the United States
    and in the countries involved in the practices under consideration.
                                                     William J. Clinton.

-End-


-CITE-
    19 USC SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT
           RECEIVING NONDISCRIMINATORY TREATMENT           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT

-HEAD-
       SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                        NONDISCRIMINATORY TREATMENT

-End-


-CITE-
    19 USC Part 1 - Trade Relations With Certain Countries      01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
              PART 1 - TRADE RELATIONS WITH CERTAIN COUNTRIES          

-End-



-CITE-
    19 USC Sec. 2431                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2431. Exception of products of certain countries or areas

-STATUTE-
      Except as otherwise provided in this subchapter, the President
    shall continue to deny nondiscriminatory treatment to the products
    of any country, the products of which were not eligible for the
    rates set forth in rate column numbered 1 of the Tariff Schedules
    of the United States on January 3, 1975.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 401, Jan. 3, 1975, 88 Stat. 2056.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tariff Schedules of the United States, referred to in text,
    to be treated as a reference to the Harmonized Tariff Schedule
    pursuant to section 3012 of this title. The Harmonized Tariff
    Schedule is not set out in the Code. See Publication of Harmonized
    Tariff Schedule note set out under section 1202 of this title.


-MISC1-
              REPORT ON EFFECT OF SUBCHAPTER; RECOMMENDATIONS          
      Pub. L. 95-501, title VI, Sec. 604, Oct. 21, 1978, 92 Stat. 1692,
    which provided that within six months after Oct. 21, 1978, the
    Secretary of Agriculture submit to Congress a report detailing the
    effect on United States agriculture of this subchapter, including a
    recommendation as to whether the provisions of this subchapter
    should be repealed or amended, was omitted in the general revision
    of Pub. L. 95-501 by Pub. L. 101-624, title XV, Sec. 1531, Nov. 28,
    1990, 104 Stat. 3668. See chapter 87 (Sec. 5601 et seq.) of Title
    7, Agriculture.

-End-



-CITE-
    19 USC Sec. 2432                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2432. Freedom of emigration in East-West trade

-STATUTE-
    (a) Actions of nonmarket economy countries making them ineligible
      for normal trade relations, programs of credits, credit
      guarantees, or investment guarantees, or commercial agreements
      To assure the continued dedication of the United States to
    fundamental human rights, and notwithstanding any other provision
    of law, on or after January 3, 1975, products from any nonmarket
    economy country shall not be eligible to receive nondiscriminatory
    treatment (normal trade relations), such country shall not
    participate in any program of the Government of the United States
    which extends credits or credit guarantees or investment
    guarantees, directly or indirectly, and the President of the United
    States shall not conclude any commercial agreement with any such
    country, during the period beginning with the date on which the
    President determines that such country - 
        (1) denies its citizens the right or opportunity to emigrate;
        (2) imposes more than a nominal tax on emigration or on the
      visas or other documents required for emigration, for any purpose
      or cause whatsoever; or
        (3) imposes more than a nominal tax, levy, fine, fee, or other
      charge on any citizen as a consequence of the desire of such
      citizen to emigrate to the country of his choice,

    and ending on the date on which the President determines that such
    country is no longer in violation of paragraph (1), (2), or (3).
    (b) Presidential determination and report to Congress that nation
      is not violating freedom of emigration
      After January 3, 1975, (A) products of a nonmarket economy
    country may be eligible to receive nondiscriminatory treatment
    (normal trade relations), (B) such country may participate in any
    program of the Government of the United States which extends
    credits or credit guarantees or investment guarantees, and (C) the
    President may conclude a commercial agreement with such country,
    only after the President has submitted to the Congress a report
    indicating that such country is not in violation of paragraph (1),
    (2), or (3) of subsection (a) of this section. Such report with
    respect to such country shall include information as to the nature
    and implementation of emigration laws and policies and restrictions
    or discrimination applied to or against persons wishing to
    emigrate. The report required by this subsection shall be submitted
    initially as provided herein and, with current information, on or
    before each June 30 and December 31 thereafter so long as such
    treatment is received, such credits or guarantees are extended, or
    such agreement is in effect.
    (c) Waiver authority of President
      (1) During the 18-month period beginning on January 3, 1975, the
    President is authorized to waive by Executive order the application
    of subsections (a) and (b) of this section with respect to any
    country, if he reports to the Congress that - 
        (A) he has determined that such waiver will substantially
      promote the objectives of this section; and
        (B) he has received assurances that the emigration practices of
      that country will henceforth lead substantially to the
      achievement of the objectives of this section.

      (2) During any period subsequent to the 18-month period referred
    to in paragraph (1), the President is authorized to waive by
    Executive order the application of subsections (a) and (b) of this
    section with respect to any country, if the waiver authority
    granted by this subsection continues to apply to such country
    pursuant to subsection (d) of this section, and if he reports to
    the Congress that - 
        (A) he has determined that such waiver will substantially
      promote the objectives of this section; and
        (B) he has received assurances that the emigration practices of
      that country will henceforth lead substantially to the
      achievement of the objectives of this section.

      (3) A waiver with respect to any country shall terminate on the
    day after the waiver authority granted by this subsection ceases to
    be effective with respect to such country pursuant to subsection
    (d) of this section. The President may, at any time, terminate by
    Executive order any waiver granted under this subsection.
    (d) Extension of waiver authority
      (1) If the President determines that the further extension of the
    waiver authority granted under subsection (c) of this section will
    substantially promote the objectives of this section, he may
    recommend further extensions of such authority for successive 12-
    month periods. Any such recommendations shall - 
        (A) be made not later than 30 days before the expiration of
      such authority;
        (B) be made in a document transmitted to the House of
      Representatives and the Senate setting forth his reasons for
      recommending the extension of such authority; and
        (C) include, for each country with respect to which a waiver
      granted under subsection (c) of this section is in effect, a
      determination that continuation of the waiver applicable to that
      country will substantially promote the objectives of this
      section, and a statement setting forth his reasons for such
      determination.

    If the President recommends the further extension of such
    authority, such authority shall continue in effect until the end of
    the 12-month period following the end of the previous 12-month
    extension with respect to any country (except for any country with
    respect to which such authority has not been extended under this
    subsection), unless a joint resolution described in section 2193(a)
    of this title is enacted into law pursuant to the provisions of
    paragraph (2).
      (2)(A) The requirements of this paragraph are met if the joint
    resolution is enacted under the procedures set forth in section
    2193 of this title, and - 
        (i) the Congress adopts and transmits the joint resolution to
      the President before the end of the 60-day period beginning on
      the date the waiver authority would expire but for an extension
      under paragraph (1), and
        (ii) if the President vetoes the joint resolution, each House
      of Congress votes to override such veto on or before the later of
      the last day of the 60-day period referred to in clause (i) or
      the last day of the 15-day period (excluding any day described in
      section 2194(b) of this title) beginning on the date the Congress
      receives the veto message from the President.

      (B) If a joint resolution is enacted into law under the
    provisions of this paragraph, the waiver authority applicable to
    any country with respect to which the joint resolution disapproves
    of the extension of such authority shall cease to be effective as
    of the day after the 60-day period beginning on the date of the
    enactment of the joint resolution.
      (C) A joint resolution to which this subsection and section 2193
    of this title apply may be introduced at any time on or after the
    date the President transmits to the Congress the document described
    in paragraph (1)(B).
    (e) Countries not covered
      This section shall not apply to any country the products of which
    are eligible for the rates set forth in rate column numbered 1 of
    the Tariff Schedules of the United States on January 3, 1975.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 402, Jan. 3, 1975, 88 Stat. 2056;
    Pub. L. 96-39, title XI, Sec. 1106(f)(1), July 26, 1979, 93 Stat.
    312; Pub. L. 101-382, title I, Sec. 132(a)(1), (2), Aug. 20, 1990,
    104 Stat. 643, 644; Pub. L. 105-206, title V, Sec. 5003(b)(2)(A),
    July 22, 1998, 112 Stat. 789.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tariff Schedules of the United States, referred to in subsec.
    (e), to be treated as a reference to the Harmonized Tariff
    Schedule, see Pub. L. 100-418, title I, Sec. 1212, Aug. 23, 1988,
    102 Stat. 1155, classified to section 3012 of this title. The
    Harmonized Tariff Schedule is not set out in the Code. See
    Publication of Harmonized Tariff Schedule note set out under
    section 1202 of this title.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsecs. (a), (b). Pub. L. 105-206 substituted "(normal
    trade relations)" for "(most-favored-nation treatment)".
      1990 - Subsec. (d)(1). Pub. L. 101-382, Sec. 132(a)(1), (2)(A),
    (B), redesignated par. (5) as (1), and substituted "If the
    President determines that the further extension of the waiver
    authority granted under subsection (c) of this section will" for
    "If the waiver authority granted by subsection (c) of this section
    has been extended under paragraph (3) or (4) for any country for
    the 12-month period referred to in such paragraphs, and the
    President determines that the further extension of such authority
    will" in introductory provisions, substituted ", unless a joint
    resolution described in section 2193(a) of this title is enacted
    into law pursuant to the provisions of paragraph (2)." for ",
    unless before the end of the 60-day period following such previous
    12-month extension, either the House of Representatives or the
    Senate adopts, by an affirmative vote of a majority of the Members
    present and voting in that House and under the procedures set forth
    in section 2193 of this title, a resolution disapproving the
    extension of such authority generally or with respect to such
    country specifically. Such authority shall cease to be effective
    with respect to all countries on the date of the adoption by either
    House before the end of such 60-day period of a resolution
    disapproving the extension of such authority, and shall cease to be
    effective with respect to any country on the date of the adoption
    by either House before the end of such 60-day period of a
    resolution disapproving the extension of such authority with
    respect to such country." in concluding provisions, and struck out
    former par. (1) which read as follows: "If the President determines
    that the extension of the waiver authority granted by subsection
    (c)(1) of this section will substantially promote the objectives of
    this section, he may recommend to the Congress that such authority
    be extended for a period of 12 months. Any such recommendation
    shall - 
        "(A) be made not later than 30 days before the expiration of
      such authority;
        "(B) be made in the document transmitted to the House of
      Representatives and the Senate setting forth his reasons for
      recommending the extension of such authority; and
        "(C) include, for each country with respect to which a waiver
      granted under subsection (c)(1) of this section is in effect, a
      determination that continuation of the waiver applicable to that
      country will substantially promote the objectives of this
      section, and a statement setting forth his reasons for such
      determination."
      Subsec. (d)(2). Pub. L. 101-382, Sec. 132(a)(2)(A), (C), added
    par. (2) and struck out former par. (2) which authorized extension
    of waiver authority for 12-month period upon recommendation of
    President and adoption of concurrent resolution approving extension
    of authority and not excluding country, and provided procedures if
    such resolution was not adopted.
      Subsec. (d)(3), (4). Pub. L. 101-382, Sec. 132(a)(2)(A), struck
    out par. (3) which authorized extension of waiver authority upon
    recommendation of President for 60 days, and for 12 months if
    before end of 60-day period concurrent resolution was adopted
    approving extension of authority and failing to exclude particular
    country, and provided procedures if such resolution was not
    adopted, and struck out par. (4) which authorized extension of
    waiver authority for 12 months upon recommendation of President if
    Congress failed to adopt concurrent resolution approving extension
    under par. (3) and also failed to adopt, in 45-day period following
    60-day period, concurrent resolution disapproving extension
    generally or with respect to particular country.
      Subsec. (d)(5). Pub. L. 101-382, Sec. 132(a)(2)(B), redesignated
    par. (5) as (1).
      1979 - Subsec. (c)(1). Pub. L. 96-39 substituted "subsections (a)
    and (b) of this section" for "subsection (a) and (b) of this
    section" in provisions preceding subpar. (A).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Section 132(d) of Pub. L. 101-382 provided that:
      "(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section [amending this section and sections
    2191 to 2194, 2435, and 2437 of this title] take effect on the date
    of the enactment of this Act [Aug. 20, 1990].
      "(2) Extension of waiver authority. - 
        "(A) The amendments made by subsections (a) and (c)(4) and (5)
      [amending this section and sections 2192 and 2193 of this title]
      apply with respect to recommendations made under section 402(d)
      of the Trade Act of 1974 [subsec. (d) of this section] by the
      President after May 23, 1990.
        "(B) Solely for purposes of applying the applicable provisions
      of the Trade Act of 1974 [this chapter] with respect to the
      recommendations made by the President to the House of
      Representatives and the Senate under subsection (d) of section
      402 of the Trade Act of 1974 after May 23, 1990, and on or before
      the date of the enactment of this Act - 
          "(i) in paragraph (2)(A)(i) of subsection (d) of such section
        402 (as amended by subsection (a)), the date on which the
        waiver authority granted under subsection (c) of such section
        402 would expire but for an extension under paragraph (1) of
        such subsection (d) is the date of the enactment of this Act;
          "(ii) paragraph (2)(A)(ii) of subsection (d) of such section
        402 (as amended by subsection (a)) shall be treated as reading
        as follows:
          " '(ii) if the President vetoes the joint resolution, each
        House of Congress votes to override such veto on or before the
        last day of the 60-day period referred to in clause (i).';
          "(iii) if the waiver authority granted under such subsection
        (c) is extended after application of clauses (i) and (ii), the
        expiration date for such authority is July 3, 1991; and
          "(iv) only joint resolutions described in section 153(a) of
        the Trade Act of 1974 [section 2193(a) of this title] (as
        amended by subsection (a)) that are introduced in the House of
        Representatives or the Senate on or after the date of the
        enactment of this Act may be considered by either body."

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Functions of President under subsec. (d)(1) of this section
    delegated to Secretary of State by section 1(a)(i) of Ex. Ord. No.
    13346, July 8, 2004, 69 F.R. 41905, set out as a note under section
    301 of Title 3, The President.
      For delegation of congressional reporting functions of President
    under subsec. (b) of this section, see section 1 of Ex. Ord. No.
    13313, July 31, 2003, 68 F.R. 46073, set out as a note under
    section 301 of Title 3, The President.


-EXEC-
           WAIVER OF SUBSECTIONS (A) AND (B) BY EXECUTIVE ORDER       
      The following Executive orders waived the application of
    subsections (a) and (b) of this section for the countries listed:
      Ex. Ord. No. 11854, Apr. 24, 1975, 40 F.R. 18391. - Socialist
    Republic of Romania.
      Ex. Ord. No. 12051, Apr. 7, 1978, 43 F.R. 15131. - Hungarian
    People's Republic.
      Ex. Ord. No. 12167, Oct. 23, 1979, 44 F.R. 61167. - People's
    Republic of China.
      Ex. Ord. No. 12702, Feb. 20, 1990, 55 F.R. 6231. -
    Czechoslovakia.
      Ex. Ord. No. 12726, Aug. 15, 1990, 55 F.R. 33637. - German
    Democratic Republic.
      Ex. Ord. No. 12740, Dec. 29, 1990, 56 F.R. 355. - Soviet Union.
      Ex. Ord. No. 12745, Jan. 22, 1991, 56 F.R. 2835. - Bulgaria.
      Ex. Ord. No. 12746, Jan. 23, 1991, 56 F.R. 2837. - Mongolia.
      Ex. Ord. No. 12772, Aug. 17, 1991, 56 F.R. 41621. - Romania.
      Ex. Ord. No. 12798, Apr. 6, 1992, 57 F.R. 12175. - Armenia.
      Ex. Ord. No. 12802, Apr. 16, 1992, 57 F.R. 14321. - Republic of
    Byelarus, Republic of Kyrgyzstan, and Russian Federation.
      Ex. Ord. No. 12809, June 3, 1992, 57 F.R. 23925. - Albania,
    Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.
      Ex. Ord. No. 12811, June 24, 1992, 57 F.R. 28585. - Tajikistan
    and Turkmenistan.
      Ex. Ord. No. 13079, Apr. 7, 1998, 63 F.R. 17309. - Vietnam.
      Ex. Ord. No. 13220, July 2, 2001, 66 F.R. 35527. - Republic of
    Belarus.
      Ex. Ord. No. 13314, Aug. 8, 2003, 68 F.R. 48249. - Turkmenistan.

              PRESIDENTIAL DETERMINATIONS RELATING TO WAIVERS          
      The following Presidential Determinations related to waivers or
    continuation of waivers for the countries listed:
      Determination No. 81-8, June 2, 1981, 46 F.R. 30797. - Hungarian
    People's Republic, People's Republic of China, and Socialist
    Republic of Romania.
      Determination No. 83-7, June 3, 1983, 48 F.R. 26585. - Hungarian
    People's Republic, People's Republic of China, and Socialist
    Republic of Romania.
      Determination No. 84-9, May 31, 1984, 49 F.R. 24107. - Hungarian
    People's Republic, People's Republic of China, and Socialist
    Republic of Romania.
      Determination No. 86-10, June 3, 1986, 51 F.R. 22057. - Hungarian
    People's Republic, People's Republic of China, and Socialist
    Republic of Romania.
      Determination No. 87-14, June 2, 1987, 52 F.R. 22431. - Hungarian
    People's Republic, People's Republic of China, and Socialist
    Republic of Romania.
      Determination No. 88-18, June 3, 1988, 53 F.R. 21407. - Hungarian
    People's Republic and People's Republic of China.
      Determination No. 89-14, May 31, 1989, 54 F.R. 26943. - Hungarian
    People's Republic and People's Republic of China.
      Determination No. 90-10, Feb. 20, 1990, 55 F.R. 8899. -
    Czechoslovakia.
      Determination No. 90-21, May 24, 1990, 55 F.R. 23183. - People's
    Republic of China.
      Determination No. 90-22, June 3, 1990, 55 F.R. 42831. - Czech and
    Slovak Federal Republic.
      Determination No. 90-30, Aug. 15, 1990, 55 F.R. 35421. - German
    Democratic Republic.
      Determination No. 91-11, Dec. 29, 1990, 56 F.R. 1561. - Soviet
    Union.
      Determination No. 91-18, Jan. 22, 1991, 56 F.R. 4169. - Bulgaria.
      Determination No. 91-19, Jan. 23, 1991, 56 F.R. 4171. - Mongolia.
      Determination No. 91-36, May 29, 1991, 56 F.R. 26757. - People's
    Republic of China.
      Determination No. 91-39, June 3, 1991, 56 F.R. 27187. - Republic
    of Bulgaria, Czech and Slovak Federal Republic, Soviet Union, and
    Mongolian People's Republic.
      Determination No. 91-48, Aug. 17, 1991, 56 F.R. 43861. - Romania.
      Determination No. 92-3, Oct. 16, 1991, 56 F.R. 55203. - Czech and
    Slovak Federal Republic.
      Determination No. 92-20, Apr. 3, 1992, 57 F.R. 13623. - Armenia,
    Belarus, Kyrgyzstan, and Russia.
      Determination No. 92-25, May 6, 1992, 57 F.R. 22147. -
    Azerbaijan, Georgia, Kazakhstan, Moldova, Ukraine, and Uzbekistan.
      Determination No. 92-26, May 20, 1992, 57 F.R. 48711. - Albania.
      Determination No. 92-29, June 2, 1992, 57 F.R. 24539. - People's
    Republic of China.
      Determination No. 92-30, June 3, 1992, 57 F.R. 24929. - Albania,
    Armenia, Azerbaijan, Bulgaria, Byelarus, Georgia, Kazakhstan,
    Kyrgyzstan, Moldova, Mongolia, Romania, Russia, Ukraine, and
    Uzbekistan.
      Determination No. 92-31, June 3, 1992, 57 F.R. 24931. -
    Tajikistan and Turkmenistan.
      Determination No. 93-23, May 28, 1993, 58 F.R. 31329. - People's
    Republic of China.
      Determination No. 93-25, June 2, 1993, 58 F.R. 33005. - Albania,
    Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
    Moldova, Mongolia, Romania, Russia, Tajikistan, Turkmenistan,
    Ukraine, and Uzbekistan.
      Determination No. 94-26, June 2, 1994, 59 F.R. 31103. - People's
    Republic of China.
      Determination No. 94-27, June 2, 1994, 59 F.R. 31105. - Albania,
    Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
    Moldova, Mongolia, Romania, Russia, Tajikistan, Turkmenistan,
    Ukraine, and Uzbekistan.
      Determination No. 95-23, June 2, 1995, 60 F.R. 31047. - People's
    Republic of China.
      Determination No. 95-24, June 2, 1995, 60 F.R. 31049. - Albania,
    Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
    Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, and
    Uzbekistan.
      Determination No. 96-29, May 31, 1996, 61 F.R. 29455. - People's
    Republic of China.
      Determination No. 96-30, June 3, 1996, 61 F.R. 29457. - Albania,
    Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan,
    Moldova, Mongolia, Tajikistan, Turkmenistan, Ukraine, and
    Uzbekistan.
      Determination No. 97-25, May 29, 1997, 62 F.R. 31313. - People's
    Republic of China.
      Determination No. 97-28, June 3, 1997, 62 F.R. 32019. - Albania,
    Belarus, Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
    Uzbekistan.
      Determination No. 98-17, Mar. 9, 1998, 63 F.R. 14329. - Vietnam.
      Determination No. 98-26, June 3, 1998, 63 F.R. 32705. - People's
    Republic of China.
      Determination No. 98-27, June 3, 1998, 63 F.R. 32707. - Vietnam.
      Determination No. 98-28, June 3, 1998, 63 F.R. 32709. - Republic
    of Belarus.
      Determination No. 99-26, June 3, 1999, 64 F.R. 31109. - Republic
    of Belarus.
      Determination No. 99-27, June 3, 1999, 64 F.R. 31111. - Vietnam.
      Determination No. 99-28, June 3, 1999, 64 F.R. 31113. - People's
    Republic of China.
      Determination No. 2000-21, June 2, 2000, 65 F.R. 36309. -
    Vietnam.
      Determination No. 2000-22, June 2, 2000, 65 F.R. 36311. -
    Republic of Belarus.
      Determination No. 2000-23, June 2, 2000, 65 F.R. 36313. -
    People's Republic of China.
      Determination No. 2001-16, June 1, 2001, 66 F.R. 30631. -
    People's Republic of China.
      Determination No. 2001-17, June 1, 2001, 66 F.R. 30633. -
    Vietnam.
      Determination No. 2001-20, July 2, 2001, 66 F.R. 37109. -
    Republic of Belarus.
      Determination No. 02-21, June 3, 2002, 67 F.R. 40833. - Republic
    of Belarus.
      Determination No. 02-22, June 3, 2002, 67 F.R. 40835. - Vietnam.
      Determination No. 2003-24, May 29, 2003, 68 F.R. 35525. -
    Vietnam.
      Determination No. 2003-25, May 29, 2003, 68 F.R. 35527. -
    Republic of Belarus.
      Determination No. 2003-31, Aug. 8, 2003, 68 F.R. 49325. -
    Turkmenistan.
      Determination No. 2004-32, June 3, 2004, 69 F.R. 32429. -
    Turkmenistan.
      Determination No. 2004-33, June 3, 2004, 69 F.R. 32431. -
    Republic of Belarus.
      Determination No. 2004-34, June 3, 2004, 69 F.R. 32433. -
    Vietnam.

-End-



-CITE-
    19 USC Sec. 2433                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2433. United States personnel missing in action in Southeast
      Asia

-STATUTE-
    (a) Penalty for noncooperating countries
      Notwithstanding any other provision of law, if the President
    determines that a nonmarket economy country is not cooperating with
    the United States - 
        (1) to achieve a complete accounting of all United States
      military and civilian personnel who are missing in action in
      Southeast Asia,
        (2) to repatriate such personnel who are alive, and
        (3) to return the remains of such personnel who are dead to the
      United States,

    then, during the period beginning with the date of such
    determination and ending on the date on which the President
    determines such country is cooperating with the United States, he
    may provide that - 
        (A) the products of such country may not receive
      nondiscriminatory treatment,
        (B) such country may not participate, directly or indirectly,
      in any program under which the United States extends credit,
      credit guarantees, or investment guarantees, and
        (C) no commercial agreement entered into under this subchapter
      between such country and the United States will take effect.
    (b) Exception
      This section shall not apply to any country the products of which
    are eligible for the rates set forth in rate column numbered 1 of
    the Tariff Schedules of the United States on January 3, 1975.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 403, Jan. 3, 1975, 88 Stat. 2060.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tariff Schedules of the United States, referred to in subsec.
    (b), to be treated as a reference to the Harmonized Tariff
    Schedule, pursuant to section 3012 of this title. The Harmonized
    Tariff Schedule is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.

-End-



-CITE-
    19 USC Sec. 2434                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2434. Extension of nondiscriminatory treatment

-STATUTE-
    (a) Presidential proclamation
      Subject to the provisions of section 2435(c) of this title, the
    President may by proclamation extend nondiscriminatory treatment to
    the products of a foreign country which has entered into a
    bilateral commercial agreement referred to in section 2435 of this
    title.
    (b) Limitation on period of effectiveness
      The application of nondiscriminatory treatment shall be limited
    to the period of effectiveness of the obligations of the United
    States to such country under such bilateral commercial agreement.
    In addition, in the case of any foreign country receiving
    nondiscriminatory treatment pursuant to this subchapter which has
    entered into an agreement with the United States regarding the
    settlement of lendlease reciprocal aid and claims, the application
    of such nondiscriminatory treatment shall be limited to periods
    during which such country is not in arrears on its obligations
    under such agreement.
    (c) Suspension or withdrawal of extensions of nondiscriminatory
      treatment
      The President may at any time suspend or withdraw any extension
    of nondiscriminatory treatment to any country pursuant to
    subsection (a) of this section and thereby cause all products of
    such country to be dutiable at the rates set forth in rate column
    numbered 2 of the Harmonized Tariff Schedule of the United States.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 404, Jan. 3, 1975, 88 Stat. 2060;
    Pub. L. 96-39, title XI, Sec. 1106(f)(2), July 26, 1979, 93 Stat.
    312; Pub. L. 100-418, title I, Sec. 1214(j)(3), Aug. 23, 1988, 102
    Stat. 1158.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in subsec. (c), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.


-MISC1-
                                AMENDMENTS                            
      1988 - Subsec. (c). Pub. L. 100-418 substituted "Harmonized
    Tariff Schedule of the United States" for "Tariff Schedules for the
    United States".
      1979 - Subsec. (c). Pub. L. 96-39 struck out the comma after
    "subsection (a) of this section".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
    applicable with respect to articles entered on or after such date,
    see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
    Date note under section 3001 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.

      EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF UKRAINE  
      Pub. L. 109-205, Mar. 23, 2006, 120 Stat. 313, provided that:

      "SECTION 1. FINDINGS.
      "Congress finds as follows:
        "(1) Ukraine allows its citizens the right and opportunity to
      emigrate, free of any heavy tax on emigration or on the visas or
      other documents required for emigration and free of any tax,
      levy, fine, fee, or other charge on any citizens as a consequence
      of the desire of such citizens to emigrate to the country of
      their choice.
        "(2) Ukraine has received normal trade relations treatment
      since 1992 and has been found to be in full compliance with the
      freedom of emigration requirements under title IV of the Trade
      Act of 1974 [19 U.S.C. 2431 et seq.] since 1997.
        "(3) Since the establishment of an independent Ukraine in 1991,
      Ukraine has made substantial progress toward the creation of
      democratic institutions and a free-market economy.
        "(4) Ukraine has committed itself to ensuring freedom of
      religion, respect for rights of minorities, and eliminating
      intolerance and has been a paragon of inter-ethnic cooperation
      and harmony, as evidenced by the annual human rights reports of
      the Organization for Security and Cooperation in Europe (OSCE)
      and the United States Department of State.
        "(5) Ukraine has taken major steps toward global security by
      ratifying the Treaty on the Reduction and Limitation of Strategic
      Offensive Weapons (START I) and the Treaty on the Non-
      Proliferation of Nuclear Weapons, subsequently turning over the
      last of its Soviet-era nuclear warheads on June 1, 1996, and
      agreeing, in 1998, not to assist Iran with the completion of a
      program to develop and build nuclear breeding reactors, and has
      fully supported the United States in nullifying the Anti-
      Ballistic Missile (ABM) Treaty.
        "(6) At the Madrid Summit in 1997, Ukraine became a member of
      the North Atlantic Cooperation Council of the North Atlantic
      Treaty Organization (NATO), and has been a participant in the
      Partnership for Peace (PfP) program since 1994.
        "(7) Ukraine is a peaceful state which established exemplary
      relations with all neighboring countries, and consistently
      pursues a course of European integration with a commitment to
      ensuring democracy and prosperity for its citizens.
        "(8) Ukraine has built a broad and durable relationship with
      the United States and has been an unwavering ally in the struggle
      against international terrorism that has taken place since the
      attacks against the United States that occurred on September 11,
      2001.
        "(9) Ukraine has concluded a bilateral trade agreement with the
      United States that entered into force on June 23, 1992, and is in
      the process of acceding to the World Trade Organization (WTO). On
      March 6, 2006, the United States and Ukraine signed a bilateral
      market access agreement as a part of the WTO accession process.

      "SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
        OF 1974 TO THE PRODUCTS OF UKRAINE.
      "(a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment. - Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may - 
        "(1) determine that such title should no longer apply to
      Ukraine; and
        "(2) after making a determination under paragraph (1) with
      respect to Ukraine, proclaim the extension of nondiscriminatory
      treatment (normal trade relations treatment) to the products of
      that country.
      "(b) Termination of Applicability of Title IV. - On and after the
    effective date under subsection (a) of the extension of
    nondiscriminatory treatment to the products of Ukraine
    [Nondiscriminatory treatment extended Mar. 31, 2006, see Proc. No.
    7995, listed in the table of presidential documents below.], title
    IV of the Trade Act of 1974 shall cease to apply to that country."

      EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF ARMENIA  
      Pub. L. 108-429, title II, Sec. 2001, Dec. 3, 2004, 118 Stat.
    2587, provided that:
      "(a) Findings. - Congress makes the following findings:
        "(1) Armenia has been found to be in full compliance with the
      freedom of emigration requirements under title IV of the Trade
      Act of 1974 [19 U.S.C. 2431 et seq.].
        "(2) Armenia acceded to the World Trade Organization on
      February 5, 2003.
        "(3) Since declaring its independence from the Soviet Union in
      1991, Armenia has made considerable progress in enacting free-
      market reforms.
        "(4) Armenia has demonstrated a strong desire to build a
      friendly and cooperative relationship with the United States and
      has concluded many bilateral treaties and agreements with the
      United States.
        "(5) Total United States-Armenia bilateral trade for 2002
      amounted to more than $134,200,000.
      "(b) Presidential Determinations and Extensions of
    Nondiscriminatory Treatment. - Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may - 
        "(1) determine that such title should no longer apply to
      Armenia; and
        "(2) after making a determination under paragraph (1) with
      respect to Armenia, proclaim the extension of nondiscriminatory
      treatment (normal trade relations treatment) to the products of
      that country.
      "(c) Termination of application of Title IV. - On and after the
    effective date of the extension under subsection (b)(2) of
    nondiscriminatory treatment to the products of Armenia
    [Nondiscriminatory treatment extended Jan. 7, 2005, see Proc. No.
    7860, listed in the table of presidential documents below.], title
    IV of the Trade Act of 1974 shall cease to apply to that country."

      EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF VIETNAM  
      Pub. L. 109-432, div. D, title IV, Secs. 4001, 4002, Dec. 20,
    2006, 120 Stat. 3177, 3178, provided that:

      "SEC. 4001. FINDINGS.
      "Congress finds the following:
        "(1) In July 1995, President Bill Clinton announced the formal
      normalization of diplomatic relations between the United States
      and Vietnam.
        "(2) Vietnam has taken cooperative steps with the United States
      under the United States Joint POW/MIA Accounting Command
      (formerly the Joint Task Force-Full Accounting) established in
      1992 by President George H.W. Bush to provide the fullest
      possible accounting of MIA and POW cases.
        "(3) In 2000, the United States and Vietnam concluded a
      bilateral trade agreement that included commitments on goods,
      services, intellectual property rights, and investment. The
      agreement was approved by joint resolution enacted pursuant to
      section 405(c) of the Trade Act of 1974 (19 U.S.C. 2435(c)), and
      entered into force in December 2001.
        "(4) Since 2001, normal trade relations treatment has
      consistently been extended to Vietnam pursuant to title IV of the
      Trade Act of 1974 [19 U.S.C. 2431 et seq.].
        "(5) Vietnam has undertaken significant market-based economic
      reforms, including the reduction of government subsidies, tariffs
      and nontariff barriers, and extensive legal reform. These
      measures have dramatically improved Vietnam's business and
      investment climate.
        "(6) Vietnam has completed its negotiations to join the World
      Trade Organization (WTO). On May 31, 2006, the United States and
      Vietnam signed a comprehensive bilateral agreement providing
      greater market access for goods and services and other trade
      liberalizing commitments. On November 7, 2006, the WTO General
      Council approved Vietnam's membership. Vietnam's National
      Assembly ratified Vietnam's WTO accession commitments on November
      28, 2006, and Vietnam will become the 150th Member of the WTO 30
      days thereafter.
        "(7) On November 13, 2006, the Department of State removed
      Vietnam from its list of Countries of Particular Concern (CPC)
      for severe violations of religious freedom. In reaching this
      determination, the Department of State cited significant
      improvements in Vietnam toward advancing religious freedom,
      though problems remain that merit immediate attention and
      important work remains to be done to fully protect religious
      freedom in Vietnam.

      "SEC. 4002. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
        ACT OF 1974 TO VIETNAM.
      "(a) Presidential Determinations and Extension of Non-
    Discriminatory Treatment. - Notwithstanding any provision of title
    IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the President
    may - 
        "(1) determine that such title should no longer apply to
      Vietnam; and
        "(2) after making a determination under paragraph (1) with
      respect to Vietnam, proclaim the extension of nondiscriminatory
      treatment (normal trade relations treatment) to the products of
      that country.
      "(b) Termination of the Applicability of Title IV. - On and after
    the effective date of the extension of nondiscriminatory treatment
    to the products of Vietnam under subsection (a) [Nondiscriminatory
    treatment extended Dec. 29, 2006, see Proc. No. 8096, listed in the
    table of presidential documents below.], title IV of the Trade Act
    of 1974 [19 U.S.C. 2431 et seq.] shall cease to apply to that
    country."
      Pub. L. 107-52, Oct. 16, 2001, 115 Stat. 268, provided: "That the
    Congress approves the extension of nondiscriminatory treatment with
    respect to the products of the Socialist Republic of Vietnam
    transmitted by the President to the Congress on June 8, 2001."

      EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF GEORGIA  
      Pub. L. 106-476, title III, Nov. 9, 2000, 114 Stat. 2175,
    provided that:

      "SEC. 3001. FINDINGS.
      "Congress finds that Georgia has - 
        "(1) made considerable progress toward respecting fundamental
      human rights consistent with the objectives of title IV of the
      Trade Act of 1974 [19 U.S.C. 2431 et seq.];
        "(2) adopted administrative procedures that accord its citizens
      the right to emigrate, travel freely, and to return to their
      country without restriction;
        "(3) been found to be in full compliance with the freedom of
      emigration provisions in title IV of the Trade Act of 1974;
        "(4) made progress toward democratic rule and creating a free
      market economic system since its independence from the Soviet
      Union;
        "(5) demonstrated strong and effective enforcement of
      internationally recognized core labor standards and a commitment
      to continue to improve effective enforcement of its laws
      reflecting such standards;
        "(6) committed to developing a system of governance in
      accordance with the provisions of the Final Act of the Conference
      on Security and Cooperation in Europe (also known as the
      'Helsinki Final Act') regarding human rights and humanitarian
      affairs;
        "(7) endeavored to address issues related to its national and
      religious minorities and, as a member state of the Organization
      for Security and Cooperation in Europe (OSCE), committed to
      adopting special measures for ensuring that persons belonging to
      national minorities have full equality individually as well as in
      community with other members of their group;
        "(8) also committed to enacting legislation to provide
      protection against incitement to violence against persons or
      groups based on national, racial, ethnic, or religious
      discrimination, hostility, or hatred, including anti-Semitism;
        "(9) continued to return communal properties confiscated from
      national and religious minorities during the Soviet period,
      facilitating the reemergence of these communities in the national
      life of Georgia and establishing the legal framework for
      completion of this process in the future;
        "(10) concluded a bilateral trade agreement with the United
      States in 1993 and a bilateral investment treaty in 1994;
        "(11) demonstrated a strong desire to build a friendly and
      cooperative relationship with the United States; and
        "(12) acceded to the World Trade Organization on June 14, 2000,
      and the extension of unconditional normal trade relations
      treatment to the products of Georgia will enable the United
      States to avail itself of all rights under the World Trade
      Organization with respect to Georgia.

      "SEC. 3002. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
        ACT OF 1974 TO GEORGIA.
      "(a) Presidential Determinations and Extensions of
    Nondiscriminatory Treatment. - Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may - 
        "(1) determine that such title should no longer apply to
      Georgia; and
        "(2) after making a determination under paragraph (1) with
      respect to Georgia, proclaim the extension of nondiscriminatory
      treatment (normal trade relations treatment) to the products of
      that country.
      "(b) Termination of Application of Title IV. - On and after the
    effective date of the extension under subsection (a)(2) of
    nondiscriminatory treatment to the products of Georgia
    [Nondiscriminatory treatment extended Dec. 29, 2000, see Proc. No.
    7389, listed in the table of presidential documents below.], title
    IV of the Trade Act of 1974 shall cease to apply to that country."

     EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF PEOPLE'S
                             REPUBLIC OF CHINA
      Pub. L. 106-286, div. A, title I, Secs. 101, 102, Oct. 10, 2000,
    114 Stat. 881, 882, provided that:

      "SEC. 101. TERMINATION OF APPLICATION OF CHAPTER 1 OF TITLE IV OF
        THE TRADE ACT OF 1974 TO THE PEOPLE'S REPUBLIC OF CHINA.
      "(a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment. - Notwithstanding any provision of
    chapter 1 of title IV of the Trade Act of 1974 (19 U.S.C. 2431 et
    seq.) [this part], as designated by section 3(a)(2) [103(a)(2)] of
    this Act, the President may - 
        "(1) determine that such chapter should no longer apply to the
      People's Republic of China; and
        "(2) after making a determination under paragraph (1) with
      respect to the People's Republic of China, proclaim the extension
      of nondiscriminatory treatment (normal trade relations treatment)
      to the products of that country.
      "(b) Accession of the People's Republic of China to the World
    Trade Organization. - Prior to making the determination provided
    for in subsection (a)(1) and pursuant to the provisions of section
    122 of the Uruguay Round Agreements Act (19 U.S.C. 3532), the
    President shall transmit a report to Congress certifying that the
    terms and conditions for the accession of the People's Republic of
    China to the World Trade Organization are at least equivalent to
    those agreed between the United States and the People's Republic of
    China on November 15, 1999.

      "SEC. 102. EFFECTIVE DATE.
      "(a) Effective Date of Nondiscriminatory Treatment. - The
    extension of nondiscriminatory treatment pursuant to section 101(a)
    shall be effective no earlier than the effective date of the
    accession of the People's Republic of China to the World Trade
    Organization [Dec. 11, 2001].
      "(b) Termination of Applicability of Title IV. - On and after the
    effective date under subsection (a) of the extension of
    nondiscriminatory treatment to the products of the People's
    Republic of China [Nondiscriminatory treatment extended Jan. 1,
    2002, see Proc. No. 7516, listed in the table of presidential
    documents below.], chapter 1 of title IV of the Trade Act of 1974
    [this part] (as designated by section 103(a)(2) of this Act) shall
    cease to apply to that country."

      EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF ALBANIA  
      Pub. L. 106-200, title III, Sec. 301, May 18, 2000, 114 Stat.
    288, provided that:
      "(a) Findings. - Congress makes the following findings:
        "(1) Albania has been found to be in full compliance with the
      freedom of emigration requirements under title IV of the Trade
      Act of 1974 [19 U.S.C. 2431 et seq.].
        "(2) Since its emergence from communism, Albania has made
      progress toward democratic rule and the creation of a free-market
      economy.
        "(3) Albania has concluded a bilateral investment treaty with
      the United States.
        "(4) Albania has demonstrated a strong desire to build a
      friendly relationship with the United States and has been very
      cooperative with NATO and the international community during and
      after the Kosova crisis.
        "(5) The extension of unconditional normal trade relations
      treatment to the products of Albania will enable the United
      States to avail itself of all rights under the World Trade
      Organization with respect to Albania when that country becomes a
      member of the World Trade Organization.
      "(b) Termination of Application of Title IV of the Trade Act of
    1974 to Albania. - 
        "(1) Presidential determinations and extensions of
      nondiscriminatory treatment. - Notwithstanding any provision of
      title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
      President may - 
          "(A) determine that such title should no longer apply to
        Albania; and
          "(B) after making a determination under subparagraph (A) with
        respect to Albania, proclaim the extension of nondiscriminatory
        treatment (normal trade relations treatment) to the products of
        that country.
        "(2) Termination of application of title iv. - On or after the
      effective date of the extension under paragraph (1)(B) of
      nondiscriminatory treatment to the products of Albania
      [Nondiscriminatory treatment extended June 29, 2000, see Proc.
      No. 7326, listed in the table of presidential documents below.],
      title IV of the Trade Act of 1974 shall cease to apply to that
      country."

    EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF KYRGYZSTAN
      Pub. L. 106-200, title III, Sec. 302, May 18, 2000, 114 Stat.
    289, provided that:
      "(a) Findings. - Congress makes the following findings:
        "(1) Kyrgyzstan has been found to be in full compliance with
      the freedom of emigration requirements under title IV of the
      Trade Act of 1974 [19 U.S.C. 2431 et seq.].
        "(2) Since its independence from the Soviet Union in 1991,
      Kyrgyzstan has made great progress toward democratic rule and
      toward creating a free-market economic system.
        "(3) Kyrgyzstan concluded a bilateral investment treaty with
      the United States in 1994.
        "(4) Kyrgyzstan has demonstrated a strong desire to build a
      friendly and cooperative relationship with the United States.
        "(5) The extension of unconditional normal trade relations
      treatment to the products of Kyrgyzstan will enable the United
      States to avail itself of all rights under the World Trade
      Organization with respect to Kyrgyzstan.
      "(b) Termination of Application of Title IV of the Trade Act of
    1974 to Kyrgyzstan. - 
        "(1) Presidential determinations and extensions of
      nondiscriminatory treatment. - Notwithstanding any provision of
      title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
      President may - 
          "(A) determine that such title should no longer apply to
        Kyrgyzstan; and
          "(B) after making a determination under subparagraph (A) with
        respect to Kyrgyzstan, proclaim the extension of
        nondiscriminatory treatment (normal trade relations treatment)
        to the products of that country.
        "(2) Termination of application of title iv. - On or after the
      effective date of the extension under paragraph (1)(B) of
      nondiscriminatory treatment to the products of Kyrgyzstan
      [Nondiscriminatory treatment extended June 29, 2000, see Proc.
      No. 7326, listed in the table of presidential documents below.],
      title IV of the Trade Act of 1974 shall cease to apply to that
      country."

     EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF MONGOLIA 
      Pub. L. 106-36, title II, Sec. 2424, June 25, 1999, 113 Stat.
    180, provided that:
      "(a) Findings. - The Congress finds that Mongolia - 
        "(1) has received normal trade relations treatment since 1991
      and has been found to be in full compliance with the freedom of
      emigration requirements under title IV of the Trade Act of 1974
      [19 U.S.C. 2431 et seq.];
        "(2) has emerged from nearly 70 years of communism and
      dependence on the former Soviet Union, approving a new
      constitution in 1992 which has established a modern parliamentary
      democracy charged with guaranteeing fundamental human rights,
      freedom of expression, and an independent judiciary;
        "(3) has held four national elections under the new
      constitution, two presidential and two parliamentary, thereby
      solidifying the nation's transition to democracy;
        "(4) has undertaken significant market-based economic reforms,
      including privatization, the reduction of government subsidies,
      the elimination of most price controls and virtually all import
      tariffs, and the closing of insolvent banks;
        "(5) has concluded a bilateral trade treaty with the United
      States in 1991, and a bilateral investment treaty in 1994;
        "(6) has acceded to the Agreement Establishing the World Trade
      Organization, and extension of unconditional normal trade
      relations treatment to the products of Mongolia would enable the
      United States to avail itself of all rights under the World Trade
      Organization with respect to Mongolia; and
        "(7) has demonstrated a strong desire to build friendly
      relationships and to cooperate fully with the United States on
      trade matters.
      "(b) Termination of Application of Title IV of the Trade Act of
    1974 to Mongolia. - 
        "(1) Presidential determinations and extensions of
      nondiscriminatory treatment. - Notwithstanding any provision of
      title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
      President may - 
          "(A) determine that such title should no longer apply to
        Mongolia; and
          "(B) after making a determination under subparagraph (A) with
        respect to Mongolia, proclaim the extension of
        nondiscriminatory treatment (normal trade relations treatment)
        to the products of that country.
        "(2) Termination of application of title iv. - On or after the
      effective date of the extension under paragraph (1)(B) of
      nondiscriminatory treatment to the products of Mongolia
      [Nondiscriminatory treatment extended July 1, 1999, see Proc. No.
      7207, listed in the table of presidential documents below.],
      title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.] shall
      cease to apply to that country."

      EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF ROMANIA  
      Pub. L. 104-171, Aug. 3, 1996, 110 Stat. 1539, provided that:

      "SECTION 1. FINDINGS.
      "The Congress finds that - 
        "(1) Romania emerged from years of brutal Communist
      dictatorship in 1989 and approved a new Constitution and elected
      a Parliament by 1991, laying the foundation for a modern
      parliamentary democracy charged with guaranteeing fundamental
      human rights, freedom of expression, and respect for private
      property;
        "(2) local elections, parliamentary elections, and presidential
      elections have been held in Romania, and 1996 will mark the
      second nationwide presidential elections under the new
      Constitution;
        "(3) Romania has undertaken significant economic reforms,
      including the establishment of a two-tier banking system, the
      introduction of a modern tax system, the freeing of most prices
      and elimination of most subsidies, the adoption of a tariff-based
      trade regime, and the rapid privatization of industry and nearly
      all agriculture;
        "(4) Romania concluded a bilateral investment treaty with the
      United States in 1993, and both United States investment in
      Romania and bilateral trade are increasing rapidly;
        "(5) Romania has received most-favored-nation treatment since
      1993, and has been found by the President to be in full
      compliance with the freedom of emigration requirements under
      title IV of the Trade Act of 1974 [19 U.S.C. 2431 et seq.];
        "(6) Romania is a member of the World Trade Organization and
      extension of unconditional most-favored-nation treatment to the
      products of Romania would enable the United States to avail
      itself of all rights under the World Trade Organization with
      respect to Romania; and
        "(7) Romania has demonstrated a strong desire to build friendly
      relationships and to cooperate fully with the United States on
      trade matters.

      "SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
        OF 1974 TO ROMANIA.
      "(a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment. - Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may - 
        "(1) determine that such title should no longer apply to
      Romania; and
        "(2) after making a determination under paragraph (1), proclaim
      the extension of nondiscriminatory treatment (most-favored-nation
      treatment) to the products of that country.
      "(b) Termination of Application of Title IV. - On and after the
    effective date of the extension under subsection (a)(2) of
    nondiscriminatory treatment to the products of Romania
    [Nondiscriminatory treatment extended Nov. 12, 1996, see Proc. No.
    6951, listed in the table of presidential documents below.], title
    IV of the Trade Act of 1974 shall cease to apply to that country."
      Pub. L. 103-133, Nov. 2, 1993, 107 Stat. 1373, provided: "That
    the Congress approves the extension of nondiscriminatory treatment
    with respect to the products of Romania transmitted by the
    President to the Congress on July 2, 1993."

    WITHDRAWAL OF MOST-FAVORED-NATION STATUS FROM SERBIA AND MONTENEGRO
      Pub. L. 102-420, Oct. 16, 1992, 106 Stat. 2149, provided that:
      "(a) Findings. - The Congress finds that Serbia or Montenegro are
    not complying with the provisions of the Final Act of the
    Conference on Security and Cooperation in Europe (also known as the
    'Helsinki Final Act'), particularly the provisions regarding human
    rights and humanitarian affairs and are not respecting minority
    rights in Kosovo and Vojvodina.
      "(b) Withdrawal of MFN Status. - Except as provided in subsection
    (c), nondiscriminatory treatment shall not apply with respect to
    any goods that - 
        "(1) are the product of Serbia or Montenegro; and
        "(2) are entered into the customs territory of the United
      States on or after the 15th day after the date of the enactment
      of this Act [Oct. 16, 1992].
      "(c) Restoration of Nondiscriminatory Treatment. -
    Notwithstanding subsection (b), the President may restore
    nondiscriminatory treatment to goods that are the product of Serbia
    or Montenegro, as the case may be, 30 days after he certifies to
    the Congress that Serbia or Montenegro, as the case may be - 
        "(1) has ceased its armed conflict with the other ethnic
      peoples of the region formerly comprising the Socialist Federal
      Republic of Yugoslavia;
        "(2) has agreed to respect the borders of the 6 republics that
      comprised the Socialist Federal Republic of Yugoslavia under the
      1974 Yugoslav Constitution; and
        "(3) has ceased all support of Serbian forces inside Bosnia-
      Hercegovina."

    EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF REPUBLIC OF
                                  ALBANIA
      Pub. L. 102-363, Aug. 26, 1992, 106 Stat. 969, provided: "That
    the Congress approves the extension of nondiscriminatory treatment
    with respect to the products of the Republic of Albania transmitted
    by the President to the Congress on June 16, 1992."

     EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF UNION OF
                        SOVIET SOCIALIST REPUBLICS
      Pub. L. 102-197, Dec. 9, 1991, 105 Stat. 1622, provided: "That
    the Congress approves the extension of nondiscriminatory treatment
    to the products of the Union of Soviet Socialist Republics
    transmitted by the President to the Congress on October 9, 1991."

          EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF
                        CZECHOSLOVAKIA AND HUNGARY
      Pub. L. 102-182, Secs. 1, 2, Dec. 4, 1991, 105 Stat. 1233,
    provided that:

      "SECTION 1. CONGRESSIONAL FINDINGS AND PREPARATORY PRESIDENTIAL
        ACTION.
      "(a) Congressional Findings. - The Congress finds that the Czech
    and Slovak Federal Republic and the Republic of Hungary both have -
    
        "(1) dedicated themselves to respect for fundamental human
      rights;
        "(2) accorded to their citizens the right to emigrate and to
      travel freely;
        "(3) reversed over 40 years of communist dictatorship and
      embraced the establishment of political pluralism, free and fair
      elections, and multi-party political systems;
        "(4) introduced far-reaching economic reforms based on market-
      oriented principles and have decentralized economic
      decisionmaking; and
        "(5) demonstrated a strong desire to build friendly
      relationships with the United States.
      "(b) Preparatory Presidential Action. - The Congress notes that
    the President in anticipation of the enactment of section 2, has
    directed the United States Trade Representative to negotiate with
    the Czech and Slovak Federal Republic and the Republic of Hungary,
    respectively, in order to - 
        "(1) preserve the commitments of that country under the
      bilateral commercial agreement in effect between that country and
      the United States that are consistent with the General Agreement
      on Tariffs and Trade; and
        "(2) obtain other appropriate commitments.

      "SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
        OF 1974 TO CZECHOSLOVAKIA AND HUNGARY.
      "(a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment. - Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may - 
        "(1) determine that such title should no longer apply to the
      Czech and Slovak Federal Republic or to the Republic of Hungary,
      or to both; and
        "(2) after making a determination under paragraph (1) with
      respect to a country, proclaim the extension of nondiscriminatory
      treatment (most-favored-nation treatment) to the products of that
      country.
      "(b) Termination of Application of Title IV. - On and after the
    effective date of the extension under subsection (a)(2) of
    nondiscriminatory treatment to the products of a country
    [Nondiscriminatory treatment extended Apr. 14, 1992, see Proc. No.
    6419, listed in the table of presidential documents below.], title
    IV of the Trade Act of 1974 shall cease to apply to that country."

     EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF ESTONIA,
                           LATVIA, AND LITHUANIA
      Pub. L. 102-182, title I, Dec. 4, 1991, 105 Stat. 1235, provided
    that:

      "SEC. 101. CONGRESSIONAL FINDINGS.
      "The Congress finds the following:
        "(1) The Government of the United States extended full
      diplomatic recognition to Estonia, Latvia, and Lithuania in 1922.
        "(2) The Government of the United States entered into
      agreements extending most-favored-nation treatment with the
      Government of Estonia on August 1, 1925, the Government of Latvia
      on April 30, 1926, and the Government of Lithuania on July 10,
      1926.
        "(3) The Union of Soviet Socialist Republics incorporated
      Estonia, Latvia, and Lithuania involuntarily into the Union as a
      result of a secret protocol to a German-Soviet agreement in 1939
      which assigned those three states to the Soviet sphere of
      influence; and the Government of the United States has at no time
      recognized the forcible incorporation of those states into the
      Union of Soviet Socialist Republics.
        "(4) The Trade Agreements Extension Act of 1951 [see Short
      Title of 1951 Amendment note set out under section 1654 of this
      title] required the President to suspend, withdraw, or prevent
      the application of trade benefits, including most-favored-nation
      treatment, to countries under the domination or control of the
      world Communist movement.
        "(5) In 1951, responsible representatives of Estonia, Latvia,
      and Lithuania stated that they did not object to the imposition
      of 'such controls as the Government of the United States may
      consider to be appropriate' to the products of those countries,
      for such time as those countries remained under Soviet domination
      or control.
        "(6) In 1990, the democratically elected governments of
      Estonia, Latvia, and Lithuania declared the restoration of their
      independence from the Union of Soviet Socialist Republics.
        "(7) The Government of the United States established diplomatic
      relations with Estonia, Latvia, and Lithuania on September 2,
      1991, and on September 6, 1991, the State Council of the
      transitional government of the Union of Soviet Socialist
      Republics recognized the independence of Estonia, Latvia, and
      Lithuania, thereby ending the involuntary incorporation of those
      countries into, and the domination of those countries by, the
      Soviet Union.
        "(8) Immediate action should be taken to remove the
      impediments, imposed in response to the circumstances referred to
      in paragraph (5), in United States trade laws to the extension of
      nondiscriminatory treatment (most-favored-nation treatment) to
      the products of those countries.
        "(9) As a consequence of establishment of United States
      diplomatic relations with Estonia, Latvia, and Lithuania, these
      independent countries are eligible to receive the benefits of the
      Generalized System of Preferences provided for in title V of the
      Trade Act of 1974 [19 U.S.C. 2461 et seq.].

      "SEC. 102. EXTENSION OF NONDISCRIMINATORY TREATMENT TO THE
        PRODUCTS OF ESTONIA, LATVIA, AND LITHUANIA.
      "(a) In General. - Notwithstanding any provision of title IV of
    the Trade Act of 1974 (19 U.S.C. 2431 et seq.) or any other
    provision of law, nondiscriminatory treatment (most-favored-nation
    treatment) applies to the products of Estonia, Latvia, and
    Lithuania.
      "(b) Conforming Tariff Schedule Amendments. - General Note 3(b)
    of the Harmonized Tariff Schedule of the United States is amended
    by striking out 'Estonia', 'Latvia', and 'Lithuania'.
      "(c) Effective Date. - Subsection (a) and the amendments made by
    subsection (b) apply with respect to goods entered, or withdrawn
    from warehouse for consumption, on or after the 15th day after the
    date of the enactment of this Act [Dec. 4, 1991].

      "SEC. 103. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE
        ACT OF 1974 TO THE BALTICS.
      "Title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.) shall
    cease to apply to Estonia, Latvia, and Lithuania effective as of
    the 15th day after the date of the enactment of this Act [Dec. 4,
    1991].

      "SEC. 104. SENSE OF THE CONGRESS REGARDING PROMPT PROVISION OF
        GSP TREATMENT TO THE PRODUCTS OF ESTONIA, LATVIA, AND
        LITHUANIA.
      "It is the sense of the Congress that the President should take
    prompt action under title V of the Trade Act of 1974 [19 U.S.C.
    2461 et seq.] to provide preferential tariff treatment to the
    products of Estonia, Latvia, and Lithuania pursuant to the
    Generalized System of Preferences."

     EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF BULGARIA 
      Pub. L. 104-162, July 18, 1996, 110 Stat. 1414, provided that:

      "SECTION 1. CONGRESSIONAL FINDINGS AND SUPPLEMENTAL ACTION.
      "(a) Congressional Findings. - The Congress finds that Bulgaria -
    
        "(1) has received most-favored-nation treatment since 1991 and
      has been found to be in full compliance with the freedom of
      emigration requirements under title IV of the Trade Act of 1974
      [19 U.S.C. 2431 et seq.] since 1993;
        "(2) has reversed many years of Communist dictatorship and
      instituted a constitutional republic ruled by a democratically
      elected government as well as basic market-oriented reforms,
      including privatization;
        "(3) is in the process of acceding to the General Agreement on
      Tariffs and Trade (GATT) and the World Trade Organization (WTO),
      and extension of unconditional most-favored-nation treatment
      would enable the United States to avail itself of all rights
      under the GATT and the WTO with respect to Bulgaria; and
        "(4) has demonstrated a strong desire to build friendly
      relationships and to cooperate fully with the United States on
      trade matters.
      "(b) Supplemental Action. - The Congress notes that the United
    States Trade Representative intends to negotiate with Bulgaria in
    order to preserve the commitments of that country under the
    bilateral commercial agreement in effect between that country and
    the United States that are consistent with the GATT and the WTO.

      "SEC. 2. TERMINATION OF APPLICATION OF TITLE IV OF THE TRADE ACT
        OF 1974 TO BULGARIA.
      "(a) Presidential Determinations and Extension of
    Nondiscriminatory Treatment. - Notwithstanding any provision of
    title IV of the Trade Act of 1974 (19 U.S.C. 2431 et seq.), the
    President may - 
        "(1) determine that such title should no longer apply to
      Bulgaria; and
        "(2) after making a determination under paragraph (1) with
      respect to Bulgaria, proclaim the extension of nondiscriminatory
      treatment (most-favored-nation treatment) to the products of that
      country.
      "(b) Termination of Application of Title IV. - On and after the
    effective date of the extension under subsection (a)(2) of
    nondiscriminatory treatment to the products of Bulgaria
    [Nondiscriminatory treatment extended Oct. 1, 1996, see Proc. No.
    6922, listed in the table of presidential documents below.], title
    IV of the Trade Act of 1974 shall cease to apply to that country."
      Pub. L. 102-158, Nov. 13, 1991, 105 Stat. 1041, provided: "That
    the Congress approves the extension of nondiscriminatory treatment
    to the products of the People's Republic of Bulgaria transmitted by
    the President to the Congress on June 25, 1991."

     EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF MONGOLIAN
                             PEOPLE'S REPUBLIC
      Pub. L. 102-157, Nov. 13, 1991, 105 Stat. 1040, provided: "That
    the Congress approves the extension of nondiscriminatory treatment
    to the products of the Mongolian People's Republic transmitted by
    the President to the Congress on June 25, 1991."

          EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF
                              CZECHOSLOVAKIA
      Pub. L. 101-541, Nov. 8, 1990, 104 Stat. 2380, provided: "That
    the Congress approves the extension of nondiscriminatory treatment
    with respect to the products of Czechoslovakia transmitted by the
    President to the Congress on September 6, 1990."

      AUTHORITY OF PRESIDENT TO DENY AND TO RESTORE NONDISCRIMINATORY
    TRADE TREATMENT TO PRODUCTS OF AFGHANISTAN OR TO DENY OR TO RESTORE
                       CREDITS, ETC., TO AFGHANISTAN
      Pub. L. 99-190, Sec. 118, Dec. 19, 1985, 99 Stat. 1319,
    authorized President to deny nondiscriminatory (most-favored-
    nation) trade treatment to the products of Afghanistan and to deny
    credit, credit guarantees, and investment guarantees to, or for the
    benefit of, Afghanistan under any Federal program, directed
    President, if such treatment was not denied, to submit to Congress,
    45 days after Dec. 19, 1985, a report with the reasons for not
    denying such treatment, and authorized President, if such treatment
    was denied to restore nondiscriminatory trade treatment, and to
    extend credit, credit guarantees, and investment guarantees.
    Similar provisions were contained in Pub. L. 99-190, Sec. 101(i)
    [title V, Sec. 552], Dec. 19, 1985, 99 Stat. 1291, 1314.


-EXEC-
     EXTENSION OF NONDISCRIMINATORY TREATMENT TO PRODUCTS OF SOCIALIST
                            REPUBLIC OF ROMANIA
      S. Con. Res. 35, July 28, 1975, 89 Stat. 1202, provided: "That
    the Congress approves the extension of nondiscriminatory treatment
    with respect to the products of the Socialist Republic of Romania
    transmitted by the President to the Congress on April 25, 1975."

     PRESIDENTIAL DOCUMENTS RELATING TO EXTENSION OF NONDISCRIMINATORY
                              TRADE TREATMENT
      Afghanistan. - Proc. No. 7553, May 3, 2002, 67 F.R. 30535.
      Determination of the President of the United States, No. 93-3,
    Oct. 7, 1992, 57 F.R. 47557.
      Proc. No. 5437, Jan. 31, 1986, 51 F.R. 4287.
      Albania. - Proc. No. 7326, June 29, 2000, 65 F.R. 41547.
      Determination of the President of the United States, No. 96-44,
    Aug. 27, 1996, 61 F.R. 45859.
      Proc. No. 6445, June 15, 1992, 57 F.R. 26921.
      Determination of the President of the United States, No. 92-33,
    June 15, 1992, 57 F.R. 28583.
      Armenia. - Proc. No. 7860, Jan. 7, 2005, 70 F.R. 2321.
      Determination of the President of the United States, No. 96-47,
    Aug. 27, 1996, 61 F.R. 45865.
      Belarus. - Determination of the President of the United States,
    No. 96-15, Mar. 7, 1996, 61 F.R. 49935.
      Bulgaria. - Proc. No. 6922, Sept. 27, 1996, 61 F.R. 51205.
      Proc. No. 6307, June 24, 1991, 56 F.R. 29787.
      Determination of the President of the United States, No. 91-43,
    June 24, 1991, 56 F.R. 31037.
      China. - Proc. No. 7516, Dec. 27, 2001, 67 F.R. 479.
      Determination of the President of the United States, No. 98-13,
    Jan. 30, 1998, 63 F.R. 5857.
      Determination of the President of the United States, No. 96-33,
    June 21, 1996, 61 F.R. 32631.
      Determination of the President of the United States, No. 92-12,
    Jan. 31, 1992, 57 F.R. 19077.
      Memorandum of the President of the United States, Dec. 19, 1988,
    53 F.R. 51217.
      Memorandum of the President of the United States, Dec. 23, 1982,
    47 F.R. 57653.
      Proc. No. 4697, Oct. 23, 1979, 44 F.R. 61161.
      Czechoslovakia. - Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865.
      Determination of the President of the United States, No. 92-21,
    Apr. 10, 1992, 57 F.R. 12863.
      Proc. No. 6175, Sept. 6, 1990, 55 F.R. 37643.
      Memorandum of the President of the United States, Sept. 6, 1990,
    55 F.R. 39259.
      Georgia. - Proc. No. 7389, Dec. 29, 2000, 66 F.R. 703.
      Determination of the President of the United States, No. 96-49,
    Aug. 27, 1996, 61 F.R. 45869.
      Hungary. - Proc. No. 6419, Apr. 10, 1992, 57 F.R. 12865.
      Determination of the President of the United States, No. 92-21,
    Apr. 10, 1992, 57 F.R. 12863.
      Determination of the President of the United States, No. 90-27,
    June 22, 1990, 55 F.R. 25945.
      Determination of the President of the United States, No. 87-15,
    June 23, 1987, 52 F.R. 23785.
      Determination of the President of the United States, No. 84-10,
    May 31, 1984, 49 F.R. 23025.
      Determination of the President of the United States, No. 81-9,
    June 2, 1981, 46 F.R. 29921.
      Proc. No. 4560, Apr. 7, 1978, 43 F.R. 15125.
      Kazakhstan. - Determination of the President of the United
    States, No. 96-16, Mar. 7, 1996, 61 F.R. 49937.
      Kyrgyzstan. - Proc. No. 7326, June 29, 2000, 65 F.R. 41547.
      Determination of the President of the United States, No. 96-45,
    Aug. 27, 1996, 61 F.R. 45861.
      Moldova. - Determination of the President of the United States,
    No. 96-48, Aug. 27, 1996, 61 F.R. 45867.
      Mongolia. - Proc. No. 7207, July 1, 1999, 64 F.R. 36549.
      Proc. No. 6308, June 24, 1991, 56 F.R. 29834.
      Determination of the President of the United States, No. 91-44,
    June 24, 1991, 56 F.R. 31039.
      Romania. - Proc. No. 6951, Nov. 7, 1996, 61 F.R. 58129.
      Proc. No. 6577, July 2, 1993, 58 F.R. 36301.
      Determination of the President of the United States, No. 93-30,
    July 2, 1993, 58 F.R. 43785.
      Proc. No. 6449, June 22, 1992, 57 F.R. 28033.
      Determination of the President of the United States, No. 92-34,
    June 22, 1992, 57 F.R. 30099.
      Determination of the President of the United States, No. 90-28,
    July 3, 1990, 55 F.R. 27797.
      Determination of the President of the United States, No. 87-16,
    June 24, 1987, 52 F.R. 23931.
      Determination of the President of the United States, No. 87-15,
    June 23, 1987, 52 F.R. 23785.
      Determination of the President of the United States, No. 84-10,
    May 31, 1984, 49 F.R. 23025.
      Determination of the President of the United States, No. 81-9,
    June 2, 1981, 46 F.R. 29921.
      Proc. No. 4369, Apr. 24, 1975, 40 F.R. 18389.
      Tajikistan. - Determination of the President of the United
    States, No. 97-7, Nov. 26, 1996, 61 F.R. 63695.
      Turkmenistan. - Determination of the President of the United
    States, No. 97-5, Nov. 20, 1996, 61 F.R. 59303.
      Ukraine. - Proc. No. 7995, Mar. 31, 2006, 71 F.R. 16969.
      Determination of the President of the United States, No. 96-46,
    Aug. 27, 1996, 61 F.R. 45863.
      Union of Soviet Socialist Republics. - Proc. No. 6352, Oct. 9,
    1991, 56 F.R. 51317.
      Proc. No. 6320, Aug. 2, 1991, 56 F.R. 37407.
      Determination of the President of the United States, No. 91-47,
    Aug. 2, 1991, 56 F.R. 40741.
      Uzbekistan. - Determination of the President of the United
    States, No. 97-6, Nov. 26, 1996, 61 F.R. 63693.
      Vietnam. - Determination of the President of the United States,
    No. 2005-11, Dec. 10, 2004, 69 F.R. 76587.
      Proc. No. 7449, June 8, 2001, 66 F.R. 31375.
      Determination of the President of the United States, No. 2001-18,
    June 8, 2001, 66 F.R. 34353.

-End-



-CITE-
    19 USC Sec. 2435                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2435. Commercial agreements

-STATUTE-
    (a) Presidential authority
      Subject to the provisions of subsections (b) and (c) of this
    section, the President may authorize the entry into force of
    bilateral commercial agreements providing nondiscriminatory
    treatment to the products of countries heretofore denied such
    treatment whenever he determines that such agreements with such
    countries will promote the purposes of this chapter and are in the
    national interest.
    (b) Terms of agreements
      Any such bilateral commercial agreement shall - 
        (1) be limited to an initial period specified in the agreement
      which shall be no more than 3 years from the date the agreement
      enters into force; except that it may be renewable for additional
      periods, each not to exceed 3 years; if - 
          (A) a satisfactory balance of concessions in trade and
        services has been maintained during the life of such agreement,
        and
          (B) the President determines that actual or foreseeable
        reductions in United States tariffs and nontariff barriers to
        trade resulting from multilateral negotiations are
        satisfactorily reciprocated by the other party to the bilateral
        agreement;

        (2) provide that it is subject to suspension or termination at
      any time for national security reasons, or that the other
      provisions of such agreement shall not limit the rights of any
      party to take any action for the protection of its security
      interests;
        (3) include safeguard arrangements (A) providing for prompt
      consultations whenever either actual or prospective imports cause
      or threaten to cause, or significantly contribute to, market
      disruption and (B) authorizing the imposition of such import
      restrictions as may be appropriate to prevent such market
      disruption;
        (4) if the other party to the bilateral agreement is not a
      party to the Paris Convention for the Protection of Industrial
      Property, provide rights for United States nationals with respect
      to patents and trademarks in such country not less than the
      rights specified in such convention;
        (5) if the other party to the bilateral agreement is not a
      party to the Universal Copyright Convention, provide rights for
      United States nationals with respect to copyrights in such
      country not less than the rights specified in such convention;
        (6) in the case of an agreement entered into or renewed after
      January 3, 1975, provide arrangements for the protection of
      industrial rights and processes;
        (7) provide arrangements for the settlement of commercial
      differences and disputes;
        (8) in the case of an agreement entered into or renewed after
      January 3, 1975, provide arrangements for the promotion of trade,
      which may include arrangements for the establishment or expansion
      of trade and tourist promotion offices, for facilitation of
      activities of governmental commercial officers, participation in
      trade fairs and exhibits, and the sending of trade missions, and
      for facilitation of entry, establishment, and travel of
      commercial representatives;
        (9) provide for consultations for the purpose of reviewing the
      operation of the agreement and relevant aspects of relations
      between the United States and the other party; and
        (10) provide such other arrangements of a commercial nature as
      will promote the purposes of this chapter.
    (c) Congressional action
      An agreement referred to in subsection (a) of this section, and a
    proclamation referred to in section 2434(a) of this title
    implementing such agreement, shall take effect only if a joint
    resolution described in section 2191(b)(3) of this title that
    approves of the agreement referred to in subsection (a) of this
    section is enacted into law.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 405, Jan. 3, 1975, 88 Stat. 2061;
    Pub. L. 96-39, title XI, Sec. 1106(f)(3), July 26, 1979, 93 Stat.
    312; Pub. L. 101-382, title I, Sec. 132(b)(1), Aug. 20, 1990, 104
    Stat. 645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b)(10), was in the
    original "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
    1978, as amended, which is classified principally to this chapter.
    For complete classification of this Act to the Code, see References
    in Text note set out under section 2101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (c). Pub. L. 101-382 amended subsec. (c)
    generally. Prior to amendment, subsec. (c) read as follows: "An
    agreement referred to in subsection (a) of this section, and a
    proclamation referred to in section 2434(a) of this title
    implementing such agreement, shall take effect only if (1) approved
    by the Congress by the adoption of a concurrent resolution referred
    to in section 2191 of this title, or (2) in the case of an
    agreement entered into before January 3, 1975, and a proclamation
    implementing such agreement, a resolution of disapproval referred
    to in section 2192 of this title is not adopted during the 90-day
    period specified by section 2437(c)(2) of this title."
      1979 - Subsec. (b)(8). Pub. L. 96-39 substituted "may include
    arrangements" for "may include those".

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.

-End-



-CITE-
    19 USC Sec. 2436                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2436. Market disruption

-STATUTE-
    (a) Investigation by International Trade Commission; report;
      publication
      (1) Upon the filing of a petition by an entity described in
    section 2252(a) of this title, upon request of the President or the
    United States Trade Representative, upon resolution of either the
    Committee on Ways and Means of the House of Representatives or the
    Committee on Finance of the Senate, or on its own motion, the
    International Trade Commission (hereafter in this section referred
    to as the "Commission") shall promptly make an investigation to
    determine, with respect to imports of an article which is the
    product of a Communist country, whether market disruption exists
    with respect to an article produced by a domestic industry.
      (2) The provisions of subsections (a)(3), (b)(4),(!1) and (c)(4)
    of section 2252 of this title shall apply with respect to
    investigations by the Commission under paragraph (1).

      (3) The Commission shall report to the President its
    determination with respect to each investigation under paragraph
    (1) and the basis therefor and shall include in each report any
    dissenting or separate views. If the Commission finds, as a result
    of its investigation, that market disruption exists with respect to
    an article produced by a domestic industry, it shall find the
    amount of the increase in, or imposition of, any duty or other
    import restriction on such article which is necessary to prevent or
    remedy such market disruption and shall include such finding in its
    report to the President. The Commission shall furnish to the
    President a transcript of the hearings and any briefs which may
    have been submitted in connection with each investigation.
      (4) The report of the Commission of its determination with
    respect to an investigation under paragraph (1) shall be made at
    the earliest practicable time, but not later than 3 months after
    the date on which the petition is filed (or the date on which the
    request or resolution is received or the motion is adopted, as the
    case may be). Upon making such report to the President, the
    Commission shall also promptly make public such report (with the
    exception of information which the Commission determines to be
    confidential) and shall cause a summary thereof to be published in
    the Federal Register.
    (b) Affirmative determination
      With respect to any affirmative determination of the Commission
    under subsection (a) of this section - 
        (1) such determination shall be treated as an affirmative
      determination made under section 2251(b) of this title (as in
      effect on the day before the date of the enactment of the Omnibus
      Trade and Competitiveness Act of 1988); and
        (2) sections 2252 and 2253 of this title (as in effect on the
      day before the date of the enactment of such Act of 1988), rather
      than the provisions of part 1 of subchapter II of this chapter as
      amended by section 1401 of such Act of 1988, shall apply with
      respect to the taking of subsequent action, if any, by the
      President in response to such affirmative determination;

    except that - 
        (A) the President may take action under such sections 2252 and
      2253 of this title only with respect to imports from the country
      or countries involved of the article with respect to which the
      affirmative determination was made; and
        (B) if such action consists of, or includes, an orderly
      marketing agreement, such agreement shall be entered into within
      60 days after the import relief determination date.
    (c) Products of Communist countries
      If, at any time, the President finds that there are reasonable
    grounds to believe, with respect to imports of an article which is
    the product of a Communist country, that market disruption exists
    with respect to an article produced by a domestic industry, he
    shall request the Commission to initiate an investigation under
    subsection (a) of this section. If the President further finds that
    emergency action is necessary, he may take action under sections
    2252 and 2253 of this title referred to in subsection (b) of this
    section as if an affirmative determination of the Commission had
    been made under subsection (a) of this section. Any action taken by
    the President under the preceding sentence shall cease to apply (1)
    if a negative determination is made by the Commission under
    subsection (a) of this section with respect to imports of such
    article, on the day on which the Commission's report of such
    determination is submitted to the President, or (2) if an
    affirmative determination is made by the Commission under
    subsection (a) of this section with respect to imports of such
    article, on the day on which the action taken by the President
    pursuant to such determination becomes effective.
    (d) Petitions to initiate consultations as provided for by
      safeguard arrangements
      (1) A petition may be filed with the President by an entity
    described in section 2251(a)(1) of this title requesting the
    President to initiate consultations provided for by the safeguard
    arrangements of any agreement entered into under section 2435 of
    this title with respect to imports of an article which is the
    product of the country which is the other party to such agreement.
      (2) If the President determines that there are reasonable grounds
    to believe, with respect to imports of such article, that market
    disruption exists with respect to an article produced by a domestic
    industry, he shall initiate consultations with such country with
    respect to such imports.
    (e) Definitions; factors determining existence of market disruption
      For purposes of this section - 
        (1) The term "Communist country" means any country dominated or
      controlled by communism.
        (2)(A) Market disruption exists within a domestic industry
      whenever imports of an article, like or directly competitive with
      an article produced by such domestic industry, are increasing
      rapidly, either absolutely or relatively, so as to be a
      significant cause of material injury, or threat thereof, to such
      domestic industry.
        (B) For purposes of subparagraph (A):
          (i) Imports of an article shall be considered to be
        increasing rapidly if there has been a significant increase in
        such imports (either actual or relative to domestic production)
        during a recent period of time.
          (ii) The term "significant cause" refers to a cause which
        contributes significantly to the material injury of the
        domestic industry, but need not be equal to or greater than any
        other cause.

        (C) The Commission, in determining whether market disruption
      exists, shall consider, among other factors - 
          (i) the volume of imports of the merchandise which is the
        subject of the investigation;
          (ii) the effect of imports of the merchandise on prices in
        the United States for like or directly competitive articles;
          (iii) the impact of imports of such merchandise on domestic
        producers of like or directly competitive articles; and
          (iv) evidence of disruptive pricing practices, or other
        efforts to unfairly manage trade patterns.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 406, Jan. 3, 1975, 88 Stat. 2062;
    1979 Reorg. Plan No. 3, Sec. 1(b)(1), eff. Jan. 2, 1980, 44 F.R.
    69273, 93 Stat. 1381; Pub. L. 100-418, title I, Sec. 1411(a), (b),
    Aug. 23, 1988, 102 Stat. 1241, 1242; Pub. L. 106-36, title I, Sec.
    1001(a)(6), June 25, 1999, 113 Stat. 130.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Subsection (b)(4) of section 2252 of this title, referred to in
    subsec. (a)(2), was repealed by Pub. L. 103-465, title III, Sec.
    301(c), Dec. 8, 1994, 108 Stat. 4932. See section 2252(b)(3) of
    this title.
      The date of the enactment of the Omnibus Trade and
    Competitiveness Act of 1988, referred to in subsec. (b), is the
    date of enactment of Pub. L. 100-418, which was approved Aug. 23,
    1988.
      Section 1401 of such Act of 1988, referred to in subsec. (b)(2),
    is section 1401 of Pub. L. 100-418, known as the Omnibus Trade and
    Competitiveness Act of 1988, which enacted section 2254 of this
    title, amended sections 1330, 2133, 2251 to 2253, 2274, 2354, and
    2703 of this title, enacted a provision set out as a note under
    section 2251 of this title, and amended a provision set out as a
    note under section 2112 of this title.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (e)(2)(B), (C). Pub. L. 106-36 realigned margins.
      1988 - Subsec. (a)(1). Pub. L. 100-418, Sec. 1411(b)(1),
    substituted "section 2252(a)" for "section 2251(a)(1)".
      Subsec. (a)(2). Pub. L. 100-418, Sec. 1411(b)(2), substituted
    "subsections (a)(3), (b)(4), and (c)(4) of section 2252" for
    "subsections (a)(2), (b)(3), and (c) of section 2251".
      Subsec. (b). Pub. L. 100-418, Sec. 1411(a)(1), amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows:
    "For purposes of sections 2252 and 2253 of this title, an
    affirmative determination of the Commission under subsection (a) of
    this section shall be treated as an affirmative determination under
    section 2251(b) of this title, except that - 
        "(1) the President may take action under sections 2252 and 2253
      of this title only with respect to imports from the country or
      countries involved of the article with respect to which the
      affirmative determination was made, and
        "(2) if such action consists of, or includes, an orderly
      marketing agreement, such agreement shall be entered into within
      60 days after the import relief determination date."
      Subsec. (c). Pub. L. 100-418, Sec. 1411(a)(2), inserted "referred
    to in subsection (b) of this section" after "sections 2252 and 2253
    of this title".
      Subsec. (e)(2). Pub. L. 100-418, Sec. 1411(a)(3), designated
    existing provisions as subpar. (A) and added subpars. (B) and (C).

-CHANGE-
                              CHANGE OF NAME                          
      "United States Trade Representative" substituted for "Special
    Representative for Trade Negotiations" in subsec. (a)(1), pursuant
    to Reorg. Plan No. 3 of 1979, Sec. 1(b)(1), 44 F.R. 69273, 93 Stat.
    1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.
    Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under
    section 2171 of this title. See, also, section 2171 of this title
    as amended by Pub. L. 97-456.


-MISC2-
                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Section 1411(c) of Pub. L. 100-418 provided that: "The amendments
    made by subsections (a) and (b) [amending this section] apply with
    respect to investigations initiated under section 406(a) of the
    Trade Act of 1974 [19 U.S.C. 2436(a)] on or after the date of the
    enactment of this Act [Aug. 23, 1988]."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    19 USC Sec. 2437                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2437. Procedure for Congressional approval or disapproval of
      extension of nondiscriminatory treatment and Presidential reports

-STATUTE-
    (a) Transmission of nondiscriminatory treatment documents to
      Congress
      Whenever the President issues a proclamation under section 2434
    of this title extending nondiscriminatory treatment to the products
    of any foreign country, he shall promptly transmit to the House of
    Representatives and to the Senate a document setting forth the
    proclamation and the agreement the proclamation proposes to
    implement, together with his reasons therefor.
    (b) Transmission of freedom of emigration documents to Congress
      The President shall transmit to the House of Representatives and
    the Senate a document containing the initial report submitted by
    him under section 2432(b) or 2439(b) of this title with respect to
    a nonmarket economy country. On or before December 31 of each year,
    the President shall transmit to the House of Representatives and
    the Senate, a document containing the report required by section
    2432(b) or 2439(b) of this title as the case may be, to be
    submitted on or before such December 31.
    (c) Effective date of proclamations and agreements; disapproval of
      reports
      (1) In the case of a document referred to in subsection (a) of
    this section, the proclamation set forth in the document may become
    effective and the agreement set forth in the document may enter
    into force and effect only if a joint resolution described in
    section 2191(b)(3) of this title that approves of the extension of
    nondiscriminatory treatment to the products of the country
    concerned is enacted into law.
      (2) In the case of a document referred to in subsection (b) of
    this section which contains a report submitted by the President
    under section 2432(b) or 2439(b) of this title with respect to a
    nonmarket economy country, if, before the close of the 90-day
    period beginning on the day on which such document is delivered to
    the House of Representatives and to the Senate, a joint resolution
    described in section 2192(a)(1)(B) of this title is enacted into
    law that disapproves of the report submitted by the President with
    respect to such country, then, beginning with the day after the end
    of the 60-day period beginning with the date of the enactment of
    such resolution of disapproval, (A) nondiscriminatory treatment
    shall not be in force with respect to the products of such country,
    and the products of such country shall be dutiable at the rates set
    forth in rate column numbered 2 of the Harmonized Tariff Schedule
    of the United States, (B) such country may not participate in any
    program of the Government of the United States which extends credit
    or credit guarantees or investment guarantees, and (C) no
    commercial agreement may thereafter be concluded with such country
    under this subchapter. If the President vetoes the joint
    resolution, the joint resolution shall be treated as enacted into
    law before the end of the 90-day period under this paragraph if
    both Houses of Congress vote to override such veto on or before the
    later of the last day of such 90-day period or the last day of the
    15-day period (excluding any day described in section 2194(b) of
    this title) beginning on the date the Congress receives the veto
    message from the President.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 407, Jan. 3, 1975, 88 Stat. 2063;
    Pub. L. 100-418, title I, Sec. 1214(j)(4), Aug. 23, 1988, 102 Stat.
    1158; Pub. L. 101-382, title I, Sec. 132(b)(3), (c)(1), Aug. 20,
    1990, 104 Stat. 646.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in subsec. (c)(2), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (c)(1). Pub. L. 101-382, Sec. 132(b)(3)(A), added
    par. (1) and struck out former par. (1) which read as follows: "In
    the case of a document referred to in subsection (a) of this
    section (other than a document to which paragraph (2) applies), the
    proclamation set forth therein may become effective and the
    agreement set forth therein may enter into force and effect only if
    the House of Representatives and the Senate adopt, by an
    affirmative vote of a majority of those present and voting in each
    House, a concurrent resolution of approval (under the procedures
    set forth in section 2191 of this title) of the extension of
    nondiscriminatory treatment to the products of the country
    concerned."
      Subsec. (c)(2). Pub. L. 101-382 struck out par. (2) and
    redesignated par. (3) as (2), and substituted "a joint resolution
    described in section 2192(a)(1)(B) of this title is enacted into
    law that disapproves" for "either the House of Representatives or
    the Senate adopts, by an affirmative vote of a majority of those
    present and voting in that House, a resolution of disapproval
    (under the procedures set forth in section 2192 of this title)" and
    "the end of the 60-day period beginning with the date of the
    enactment" for "the date of the adoption" and inserted at end "If
    the President vetoes the joint resolution, the joint resolution
    shall be treated as enacted into law before the end of the 90-day
    period under this paragraph if both Houses of Congress vote to
    override such veto on or before the later of the last day of such
    90-day period or the last day of the 15-day period (excluding any
    day described in section 2194(b) of this title) beginning on the
    date the Congress receives the veto message from the President."
    Former par. (2) related to effective date of proclamation extending
    nondiscriminatory treatment to products of a foreign country and of
    agreement proclamation proposed to implement and related to
    resolution of disapproval of such extension as to certain
    countries.
      Subsec. (c)(3). Pub. L. 101-382, Sec. 132(b)(3)(B), redesignated
    par. (3) as (2).
      1988 - Subsec. (c)(3). Pub. L. 100-418 substituted "Harmonized
    Tariff Schedule of the United States" for "Tariff Schedules of the
    United States".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
    applicable with respect to articles entered on or after such date,
    see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
    Date note under section 3001 of this title.

-End-



-CITE-
    19 USC Sec. 2438                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2438. Payment by Czechoslovakia of amounts owed United States
      citizens and nationals

-STATUTE-
    (a) Renegotiation of 1974 agreement
      The arrangement initialed on July 5, 1974, with respect to the
    settlement of the claims of citizens and nationals of the United
    States against the Government of Czechoslovakia shall be
    renegotiated and shall be submitted to the Congress as part of any
    agreement entered into under this subchapter with Czechoslovakia.
    (b) Provisional retention of gold
      The United States shall not release any gold belonging to
    Czechoslovakia and controlled directly or indirectly by the United
    States pursuant to the provisions of the Paris Reparations
    Agreement of January 24, 1946, or otherwise, until such agreement
    has been approved by the Congress.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 408, Jan. 3, 1975, 88 Stat. 2064.)

-End-



-CITE-
    19 USC Sec. 2439                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2439. Freedom to emigrate to join a very close relative in
      United States

-STATUTE-
    (a) Sanctions for emigration restrictions
      To assure the continued dedication of the United States to the
    fundamental human rights and welfare of its own citizens, and
    notwithstanding any other provision of law, on or after January 3,
    1975, no nonmarket economy country shall participate in any program
    of the Government of the United States which extends credits or
    credit guarantees or investment guarantees, directly or indirectly,
    and the President of the United States shall not conclude any
    commercial agreement with any such country, during the period
    beginning with the date on which the President determines that such
    country - 
        (1) denies its citizens the right or opportunity to join
      permanently through emigration, a very close relative in the
      United State,(!1) such as a spouse, parent, child, brother, or
      sister;

        (2) imposes more than a nominal tax on the visas or other
      documents required for emigration described in paragraph (1); or
        (3) imposes more than a nominal tax, levy, fine, fee, or other
      charge on any citizen as a consequence of the desire of such
      citizen to emigrate as described in paragraph (1),

    and ending on the date on which the President determines that such
    country is no longer in violation of paragraph (1), (2), or (3).
    (b) Report to Congress concerning emigration policies
      After January 3, 1975, (A) a nonmarket economy country may
    participate in any program of the Government of the United States
    which extends credits or credit guarantees or investment
    guarantees, and (B) the President may conclude a commercial
    agreement with such country, only after the President has submitted
    to the Congress a report indicating that such country is not in
    violation of paragraph (1), (2), or (3) of subsection (a) of this
    section. Such report with respect to such country shall include
    information as to the nature and implementation of its laws and
    policies and restrictions or discrimination applied to or against
    persons wishing to emigrate to the United States to join close
    relatives. The report required by this subsection shall be
    submitted initially as provided herein and, with current
    information, on or before each June 30 and December 31 thereafter,
    so long as such credits or guarantees are extended or such
    agreement is in effect.
    (c) Exemption from application of section
      This section shall not apply to any country the products of which
    are eligible for the rates set forth in rate column numbered 1 of
    the Tariff Schedules of the United States on January 3, 1975.
    (d) Additional exemption from application of section
      During any period that a waiver is in effect with respect to any
    nonmarket economy country under section 2432(c) of this title, the
    provisions of subsections (a) and (b) of this section shall not
    apply with respect to such country.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 409, Jan. 3, 1975, 88 Stat. 2064.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Tariff Schedules of the United States, referred to in subsec.
    (c), to be treated as a reference to the Harmonized Tariff
    Schedule, pursuant to section 3012 of this title. The Harmonized
    Tariff Schedule is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      For delegation of congressional reporting functions of President
    under subsec. (b) of this section, see section 1 of Ex. Ord. No.
    13313, July 31, 2003, 68 F.R. 46073, set out as a note under
    section 301 of Title 3, The President.

-FOOTNOTE-
    (!1) So in original.


-End-



-CITE-
    19 USC Sec. 2440                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2440. Repealed.

-MISC1-
    Sec. 2440. Repealed. Pub. L. 104-295, Sec. 17, Oct. 11, 1996, 110
      Stat. 3524.
      Section, Pub. L. 93-618, title IV, Sec. 410, Jan. 3, 1975, 88
    Stat. 2065, related to establishment and maintenance of East-West
    Trade Statistics Monitoring System.

-End-



-CITE-
    19 USC Sec. 2441                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 1 - Trade Relations With Certain Countries

-HEAD-
    Sec. 2441. Repealed.

-MISC1-
    Sec. 2441. Repealed. Pub. L. 105-362, title XIV, Sec. 1401(b)(2),
      Nov. 10, 1998, 112 Stat. 3294; Pub. L. 106-36, title I, Sec.
      1001(a)(4), June 25, 1999, 113 Stat. 130.
      Section, Pub. L. 93-618, title IV, Sec. 411, Jan. 3, 1975, 88
    Stat. 2065, related to East-West Foreign Trade Board.

-End-


-CITE-
    19 USC Part 2 - Relief From Market Disruption to
                     Industries and Diversion of Trade
                     to the United States Market           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 2 - Relief From Market Disruption to Industries and Diversion
              of Trade to the United States Market    

-HEAD-
    PART 2 - RELIEF FROM MARKET DISRUPTION TO INDUSTRIES AND DIVERSION
                   OF TRADE TO THE UNITED STATES MARKET


-STATAMEND-
                            TERMINATION OF PART                        
      For termination of this part effective 12 years after Dec. 11,
    2001, see section 2451b(c) of this title.

-End-



-CITE-
    19 USC Sec. 2451                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 2 - Relief From Market Disruption to Industries and Diversion
              of Trade to the United States Market    

-HEAD-
    Sec. 2451. Action to address market disruption

-STATUTE-
    (a) Presidential action
      If a product of the People's Republic of China is being imported
    into the United States in such increased quantities or under such
    conditions as to cause or threaten to cause market disruption to
    the domestic producers of a like or directly competitive product,
    the President shall, in accordance with the provisions of this
    section, proclaim increased duties or other import restrictions
    with respect to such product, to the extent and for such period as
    the President considers necessary to prevent or remedy the market
    disruption.
    (b) Initiation of an investigation
      (1) Upon the filing of a petition by an entity described in
    section 2252(a) of this title, upon the request of the President or
    the United States Trade Representative (in this part referred to as
    the "Trade Representative"), upon resolution of either the
    Committee on Ways and Means of the House of Representatives, or the
    Committee on Finance of the Senate (in this part referred to as the
    "Committees") or on its own motion, the United States International
    Trade Commission (in this part referred to as the "Commission")
    shall promptly make an investigation to determine whether products
    of the People's Republic of China are being imported into the
    United States in such increased quantities or under such conditions
    as to cause or threaten to cause market disruption to the domestic
    producers of like or directly competitive products.
      (2) The limitations on investigations set forth in section
    2252(h)(1) of this title shall apply to investigations conducted
    under this section.
      (3) The provisions of subsections (a)(8) and (i) of section 2252
    of this title, relating to treatment of confidential business
    information, shall apply to investigations conducted under this
    section.
      (4) Whenever a petition is filed, or a request or resolution is
    received, under this subsection, the Commission shall transmit a
    copy thereof to the President, the Trade Representative, the
    Committee on Ways and Means of the House of Representatives, and
    the Committee on Finance of the Senate, except that in the case of
    confidential business information, the copy may include only
    nonconfidential summaries of such information.
      (5) The Commission shall publish notice of the commencement of
    any proceeding under this subsection in the Federal Register and
    shall, within a reasonable time thereafter, hold public hearings at
    which the Commission shall afford interested parties an opportunity
    to be present, to present evidence, to respond to the presentations
    of other parties, and otherwise to be heard.
    (c) Market disruption
      (1) For purposes of this section, market disruption exists
    whenever imports of an article like or directly competitive with an
    article produced by a domestic industry are increasing rapidly,
    either absolutely or relatively, so as to be a significant cause of
    material injury, or threat of material injury, to the domestic
    industry.
      (2) For purposes of paragraph (1), the term "significant cause"
    refers to a cause which contributes significantly to the material
    injury of the domestic industry, but need not be equal to or
    greater than any other cause.
    (d) Factors in determination
      In determining whether market disruption exists, the Commission
    shall consider objective factors, including - 
        (1) the volume of imports of the product which is the subject
      of the investigation;
        (2) the effect of imports of such product on prices in the
      United States for like or directly competitive articles; and
        (3) the effect of imports of such product on the domestic
      industry producing like or directly competitive articles.

    The presence or absence of any factor under paragraph (1), (2), or
    (3) is not necessarily dispositive of whether market disruption
    exists.
    (e) Time for Commission determinations
      The Commission shall make and transmit to the President and the
    Trade Representative its determination under subsection (b)(1) of
    this section at the earliest practicable time, but in no case later
    than 60 days (or 90 days in the case of a petition requesting
    relief under subsection (i) of this section) after the date on
    which the petition is filed, the request or resolution is received,
    or the motion is adopted, under subsection (b) of this section. If
    the Commissioners voting are equally divided with respect to its
    determination, then the determination agreed upon by either group
    of Commissioners may be considered by the President and the Trade
    Representative as the determination of the Commission.
    (f) Recommendations of Commission on proposed remedies
      If the Commission makes an affirmative determination under
    subsection (b) of this section, or a determination which the
    President or the Trade Representative may consider as affirmative
    under subsection (e) of this section, the Commission shall propose
    the amount of increase in, or imposition of, any duty or other
    import restrictions necessary to prevent or remedy the market
    disruption. Only those members of the Commission who agreed to the
    affirmative determination under subsection (b) of this section are
    eligible to vote on the proposed action to prevent or remedy market
    disruption. Members of the Commission who did not agree to the
    affirmative determination may submit, in the report required under
    subsection (g) of this section, separate views regarding what
    action, if any, should be taken to prevent or remedy market
    disruption.
    (g) Report by Commission
      (1) Not later than 20 days after a determination under subsection
    (b) of this section is made, the Commission shall submit a report
    to the President and the Trade Representative.
      (2) The Commission shall include in the report required under
    paragraph (1) the following:
        (A) The determination made under subsection (b) of this section
      and an explanation of the basis for the determination.
        (B) If the determination under subsection (b) of this section
      is affirmative, or may be considered by the President or the
      Trade Representative as affirmative under subsection (e) of this
      section, the recommendations of the Commission on proposed
      remedies under subsection (f) of this section and an explanation
      of the basis for each recommendation.
        (C) Any dissenting or separate views by members of the
      Commission regarding the determination and any recommendation
      referred to in subparagraphs (A) and (B).
        (D) A description of - 
          (i) the short- and long-term effects that implementation of
        the action recommended under subsection (f) of this section is
        likely to have on the petitioning domestic industry, on other
        domestic industries, and on consumers; and
          (ii) the short- and long-term effects of not taking the
        recommended action on the petitioning domestic industry, its
        workers, and the communities where production facilities of
        such industry are located, and on other domestic industries.

      (3) The Commission, after submitting a report to the President
    under paragraph (1), shall promptly make it available to the public
    (but shall not include confidential business information) and cause
    a summary thereof to be published in the Federal Register.
    (h) Opportunity to present views and evidence on proposed measure
      and recommendation to the President
      (1) Within 20 days after receipt of the Commission's report under
    subsection (g) of this section (or 15 days in the case of an
    affirmative preliminary determination under subsection (i)(1)(B) of
    this section), the Trade Representative shall publish in the
    Federal Register notice of any measure proposed by the Trade
    Representative to be taken pursuant to subsection (a) of this
    section and of the opportunity, including a public hearing, if
    requested, for importers, exporters, and other interested parties
    to submit their views and evidence on the appropriateness of the
    proposed measure and whether it would be in the public interest.
      (2) Within 55 days after receipt of the report under subsection
    (g) of this section (or 35 days in the case of an affirmative
    preliminary determination under subsection (i)(1)(B) of this
    section), the Trade Representative, taking into account the views
    and evidence received under paragraph (1) on the measure proposed
    by the Trade Representative, shall make a recommendation to the
    President concerning what action, if any, to take to prevent or
    remedy the market disruption.
    (i) Critical circumstances
      (1) When a petition filed under subsection (b) of this section
    alleges that critical circumstances exist and requests that
    provisional relief be provided under this subsection with respect
    to the product identified in the petition, the Commission shall,
    not later than 45 days after the petition containing the request is
    filed - 
        (A) determine whether delay in taking action under this section
      would cause damage to the relevant domestic industry which would
      be difficult to repair; and
        (B) if the determination under subparagraph (A) is affirmative,
      make a preliminary determination of whether imports of the
      product which is the subject of the investigation have caused or
      threatened to cause market disruption.

    If the Commissioners voting are equally divided with respect to
    either of its determinations, then the determination agreed upon by
    either group of Commissioners may be considered by the President
    and the Trade Representative as the determination of the
    Commission.
      (2) On the date on which the Commission completes its
    determinations under paragraph (1), the Commission shall transmit a
    report on the determinations to the President and the Trade
    Representative, including the reasons for its determinations. If
    the determinations under paragraph (1) are affirmative, or may be
    considered by the President or the Trade Representative as
    affirmative under paragraph (1), the Commission shall include in
    its report its recommendations on proposed provisional measures to
    be taken to prevent or remedy the market disruption. Only those
    members of the Commission who agreed to the affirmative
    determinations under paragraph (1) are eligible to vote on the
    proposed provisional measures to prevent or remedy market
    disruption. Members of the Commission who did not agree to the
    affirmative determinations may submit, in the report, dissenting or
    separate views regarding the determination and any recommendation
    of provisional measures referred to in this paragraph.
      (3) If the determinations under paragraph (1) are affirmative, or
    may be considered by the President or the Trade Representative as
    affirmative under paragraph (1), the Trade Representative shall,
    within 10 days after receipt of the Commission's report, determine
    the amount or extent of provisional relief that is necessary to
    prevent or remedy the market disruption and shall provide a
    recommendation to the President on what provisional measures, if
    any, to take.
      (4)(A) The President shall determine whether to provide
    provisional relief and proclaim such relief, if any, within 10 days
    after receipt of the recommendation from the Trade Representative.
      (B) Such relief may take the form of - 
        (i) the imposition of or increase in any duty;
        (ii) any modification, or imposition of any quantitative
      restriction on the importation of an article into the United
      States; or
        (iii) any combination of actions under clauses (i) and (ii).

      (C) Any provisional action proclaimed by the President pursuant
    to a determination of critical circumstances shall remain in effect
    not more than 200 days.
      (D) Provisional relief shall cease to apply upon the effective
    date of relief proclaimed under subsection (a) of this section,
    upon a decision by the President not to provide such relief, or
    upon a negative determination by the Commission under subsection
    (b) of this section.
    (j) Agreements with the People's Republic of China
      (1) The Trade Representative is authorized to enter into
    agreements for the People's Republic of China to take such action
    as necessary to prevent or remedy market disruption, and should
    seek to conclude such agreements before the expiration of the 60-
    day consultation period provided for under the product-specific
    safeguard provision of the Protocol of Accession of the People's
    Republic of China to the WTO, which shall commence not later than 5
    days after the Trade Representative receives an affirmative
    determination provided for in subsection (e) of this section or a
    determination which the Trade Representative considers to be an
    affirmative determination pursuant to subsection (e) of this
    section.
      (2) If no agreement is reached with the People's Republic of
    China pursuant to consultations under paragraph (1), or if the
    President determines than (!1) an agreement reached pursuant to
    such consultations is not preventing or remedying the market
    disruption at issue, the President shall provide import relief in
    accordance with subsection (a) of this section.

    (k) Standard for Presidential action
      (1) Within 15 days after receipt of a recommendation from the
    Trade Representative under subsection (h) of this section on the
    appropriate action, if any, to take to prevent or remedy the market
    disruption, the President shall provide import relief for such
    industry pursuant to subsection (a) of this section, unless the
    President determines that provision of such relief is not in the
    national economic interest of the United States or, in
    extraordinary cases, that the taking of action pursuant to
    subsection (a) of this section would cause serious harm to the
    national security of the United States.
      (2) The President may determine under paragraph (1) that
    providing import relief is not in the national economic interest of
    the United States only if the President finds that the taking of
    such action would have an adverse impact on the United States
    economy clearly greater than the benefits of such action.
    (l) Publication of decision and reports
      (1) The President's decision, including the reasons therefor and
    the scope and duration of any action taken, shall be published in
    the Federal Register.
      (2) The Commission shall promptly make public any report
    transmitted under this section, but shall not make public any
    information which the Commission determines to be confidential, and
    shall publish notice of such report in the Federal Register.
    (m) Effective date of relief
      Import relief under this section shall take effect not later than
    15 days after the President's determination to provide such relief.
    (n) Modifications of relief
      (1) At any time after the end of the 6-month period beginning on
    the date on which relief under subsection (m) of this section first
    takes effect, the President may request that the Commission provide
    a report on the probable effect of the modification, reduction, or
    termination of the relief provided on the relevant industry. The
    Commission shall transmit such report to the President within 60
    days of the request.
      (2) The President may, after receiving a report from the
    Commission under paragraph (1), take such action to modify, reduce,
    or terminate relief that the President determines is necessary to
    continue to prevent or remedy the market disruption at issue.
      (3) Upon the granting of relief under subsection (k) of this
    section, the Commission shall collect such data as is necessary to
    allow it to respond rapidly to a request by the President under
    paragraph (1).
    (o) Extension of action
      (1) Upon request of the President, or upon petition on behalf of
    the industry concerned filed with the Commission not earlier than
    the date which is 9 months, and not later than the date which is 6
    months, before the date any relief provided under subsection (k) of
    this section is to terminate, the Commission shall investigate to
    determine whether action under this section continues to be
    necessary to prevent or remedy market disruption.
      (2) The Commission shall publish notice of the commencement of
    any proceeding under this subsection in the Federal Register and
    shall, within a reasonable time thereafter, hold a public hearing
    at which the Commission shall afford interested parties and
    consumers an opportunity to be present, to present evidence, and to
    respond to the presentations of other parties and consumers, and
    otherwise to be heard.
      (3) The Commission shall transmit to the President a report on
    its investigation and determination under this subsection not later
    than 60 days before the action under subsection (m) of this section
    is to terminate.
      (4) The President, after receiving an affirmative determination
    from the Commission under paragraph (3), may extend the effective
    period of any action under this section if the President determines
    that the action continues to be necessary to prevent or remedy the
    market disruption.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 421, as added Pub. L. 106-286, div.
    A, title I, Sec. 103(a)(3), Oct. 10, 2000, 114 Stat. 882; amended
    Pub. L. 108-429, title II, Sec. 2004(d)(3), Dec. 3, 2004, 118 Stat.
    2592.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(1). Pub. L. 108-429 made technical amendment
    to references in original act which appear in text as references to
    "this part".

-FOOTNOTE-
    (!1) So in original. Probably should be "that".


-End-



-CITE-
    19 USC Sec. 2451a                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 2 - Relief From Market Disruption to Industries and Diversion
              of Trade to the United States Market    

-HEAD-
    Sec. 2451a. Action in response to trade diversion

-STATUTE-
    (a) Monitoring by Customs Service
      In any case in which a WTO member other than the United States
    requests consultations with the People's Republic of China under
    the product-specific safeguard provision of the Protocol of
    Accession of the People's Republic of China to the World Trade
    Organization, the Trade Representative shall inform the United
    States Customs Service, which shall monitor imports into the United
    States of those products of Chinese origin that are the subject of
    the consultation request. Data from such monitoring shall promptly
    be made available to the Commission upon request by the Commission.
    (b) Initiation of investigation
      (1) Upon the filing of a petition by an entity described in
    section 2252(a) of this title, upon the request of the President or
    the Trade Representative, upon resolution of either of the
    Committees, or on its own motion, the Commission shall promptly
    make an investigation to determine whether an action described in
    subsection (c) of this section has caused, or threatens to cause, a
    significant diversion of trade into the domestic market of the
    United States.
      (2) The Commission shall publish notice of the commencement of
    any proceeding under this subsection in the Federal Register and
    shall, within a reasonable time thereafter, hold public hearings at
    which the Commission shall afford interested parties an opportunity
    to be present, to present evidence, to respond to the presentations
    of other parties, and otherwise to be heard.
      (3) The provisions of subsections (a)(8) and (i) of section 2252
    of this title, relating to treatment of confidential business
    information, shall apply to investigations conducted under this
    section.
    (c) Actions described
      An action is described in this subsection if it is an action - 
        (1) by the People's Republic of China to prevent or remedy
      market disruption in a WTO member other than the United States;
        (2) by a WTO member other than the United States to withdraw
      concessions under the WTO Agreement or otherwise to limit imports
      to prevent or remedy market disruption;
        (3) by a WTO member other than the United States to apply a
      provisional safeguard within the meaning of the product-specific
      safeguard provision of the Protocol of Accession of the People's
      Republic of China to the WTO; or
        (4) any combination of actions described in paragraphs (1)
      through (3).
    (d) Basis for determination of significant diversion
      (1) In determining whether significant diversion or the threat
    thereof exists for purposes of this section, the Commission shall
    take into account, to the extent such evidence is reasonably
    available - 
        (A) the monitoring conducted under subsection (a) of this
      section;
        (B) the actual or imminent increase in United States market
      share held by such imports from the People's Republic of China;
        (C) the actual or imminent increase in volume of such imports
      into the United States;
        (D) the nature and extent of the action taken or proposed by
      the WTO member concerned;
        (E) the extent of exports from the People's Republic of China
      to that WTO member and to the United States;
        (F) the actual or imminent changes in exports to that WTO
      member due to the action taken or proposed;
        (G) the actual or imminent diversion of exports from the
      People's Republic of China to countries other than the United
      States;
        (H) cyclical or seasonal trends in import volumes into the
      United States of the products at issue; and
        (I) conditions of demand and supply in the United States market
      for the products at issue.

    The presence or absence of any factor under any of subparagraphs
    (A) through (I) is not necessarily dispositive of whether a
    significant diversion of trade or the threat thereof exists.
      (2) For purposes of making its determination, the Commission
    shall examine changes in imports into the United States from the
    People's Republic of China since the time that the WTO member
    commenced the investigation that led to a request for consultations
    described in subsection (a) of this section.
      (3) If more than one action by a WTO member or WTO members
    against a particular product is identified in the petition,
    request, or resolution under subsection (b) of this section or
    during the investigation, the Commission may cumulatively assess
    the actual or likely effects of such actions jointly in determining
    whether a significant diversion of trade or threat thereof exists.
    (e) Commission determination; agreement authority
      (1) The Commission shall make and transmit to the President and
    the Trade Representative its determination under subsection (b) of
    this section at the earliest practicable time, but in no case later
    than 45 days after the date on which the petition is filed, the
    request or resolution is received, or the motion is adopted, under
    subsection (b) of this section. If the Commissioners voting are
    equally divided with respect to its determination, then the
    determination agreed upon by either group of Commissioners may be
    considered by the President and the Trade Representative as the
    determination of the Commission.
      (2) The Trade Representative is authorized to enter into
    agreements with the People's Republic of China or the other WTO
    members concerned to take such action as necessary to prevent or
    remedy significant trade diversion or threat thereof into the
    domestic market of the United States, and should seek to conclude
    such agreements before the expiration of the 60-day consultation
    period provided for under the product-specific safeguard provision
    of the Protocol of Accession of the People's Republic of China to
    the WTO, which shall commence not later than 5 days after the Trade
    Representative receives an affirmative determination provided for
    in paragraph (1) or a determination which the Trade Representative
    considers to be an affirmative determination pursuant to paragraph
    (1).
      (3) Report by Commission. - 
        (A) Not later than 10 days after a determination under
      subsection (b) of this section,(!1) is made, the Commission shall
      transmit a report to the President and the Trade Representative.

        (B) The Commission shall include in the report required under
      subparagraph (A) the following:
          (i) The determination made under subsection (b) of this
        section and an explanation of the basis for the determination.
          (ii) If the determination under subsection (b) of this
        section is affirmative, or may be considered by the President
        or the Trade Representative as affirmative under subsection
        (e)(1) of this section, the recommendations of the Commission
        on increased tariffs or other import restrictions to be imposed
        to prevent or remedy the trade diversion or threat thereof, and
        explanations of the bases for such recommendations. Only those
        members of the Commission who agreed to the affirmative
        determination under subsection (b) of this section are eligible
        to vote on the proposed action to prevent or remedy the trade
        diversion or threat thereof.
          (iii) Any dissenting or separate views by members of the
        Commission regarding the determination and any recommendation
        referred to in clauses (i) and (ii).
          (iv) A description of - 
            (I) the short- and long-term effects that implementation of
          the action recommended under clause (ii) is likely to have on
          the petitioning domestic industry, on other domestic
          industries, and on consumers; and
            (II) the short- and long-term effects of not taking the
          recommended action on the petitioning domestic industry, its
          workers and the communities where production facilities of
          such industry are located, and on other domestic industries.

        (C) The Commission, after submitting a report to the President
      under subparagraph (A), shall promptly make it available to the
      public (with the exception of confidential business information)
      and cause a summary thereof to be published in the Federal
      Register.
    (f) Public comment
      If consultations fail to lead to an agreement with the People's
    Republic of China or the WTO member concerned within 60 days, the
    Trade Representative shall promptly publish notice in the Federal
    Register of any proposed action to prevent or remedy the trade
    diversion, and provide an opportunity for interested persons to
    present views and evidence on whether the proposed action is in the
    public interest.
    (g) Recommendation to the President
      Within 20 days after the end of consultations pursuant to
    subsection (e) of this section, the Trade Representative shall make
    a recommendation to the President on what action, if any, should be
    taken to prevent or remedy the trade diversion or threat thereof.
    (h) Presidential action
      Within 20 days after receipt of the recommendation from the Trade
    Representative, the President shall determine what action to take
    to prevent or remedy the trade diversion or threat thereof.
    (i) Duration of action
      Action taken under subsection (h) of this section shall be
    terminated not later than 30 days after expiration of the action
    taken by the WTO member or members involved against imports from
    the People's Republic of China.
    (j) Review of circumstances
      The Commission shall review the continued need for action taken
    under subsection (h) of this section if the WTO member or members
    involved notify the Committee on Safeguards of the WTO of any
    modification in the action taken by them against the People's
    Republic of China pursuant to consultation referred to in
    subsection (a) of this section. The Commission shall, not later
    than 60 days after such notification, determine whether a
    significant diversion of trade continues to exist and report its
    determination to the President. The President shall determine,
    within 15 days after receiving the Commission's report, whether to
    modify, withdraw, or keep in place the action taken under
    subsection (h) of this section.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 422, as added Pub. L. 106-286, div.
    A, title I, Sec. 103(a)(3), Oct. 10, 2000, 114 Stat. 887; amended
    Pub. L. 108-429, title II, Sec. 2004(d)(4), Dec. 3, 2004, 118 Stat.
    2592.)


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (j). Pub. L. 108-429 struck out par. (1)
    designation before "The Commission shall review".


-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.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    19 USC Sec. 2451b                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER IV - TRADE RELATIONS WITH COUNTRIES NOT RECEIVING
                     NONDISCRIMINATORY TREATMENT
    Part 2 - Relief From Market Disruption to Industries and Diversion
              of Trade to the United States Market    

-HEAD-
    Sec. 2451b. Regulations; termination of provision

-STATUTE-
    (a) To carry out restrictions and monitoring
      The President shall by regulation provide for the efficient and
    fair administration of any restriction proclaimed pursuant to the
    (!1) part and to provide for effective monitoring of imports under
    section 2451a(a) of this title.

    (b) To carry out agreements
      To carry out an agreement concluded pursuant to consultations
    under section 2451(j) or 2451a(e)(2) of this title, the President
    is authorized to prescribe regulations governing the entry or
    withdrawal from warehouse of articles covered by such agreement.
    (c) Termination date
      This part and any regulations issued under this part shall cease
    to be effective 12 years after the date of entry into force of the
    Protocol of Accession of the People's Republic of China to the WTO.

-SOURCE-
    (Pub. L. 93-618, title IV, Sec. 423, as added Pub. L. 106-286, div.
    A, title I, Sec. 103(a)(3), Oct. 10, 2000, 114 Stat. 890.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The date of entry into force of the Protocol of Accession of the
    People's Republic of China to the WTO, referred to in subsec. (c),
    is Dec. 11, 2001.

-COD-
                               CODIFICATION                           
      Part, referred to in subsecs. (a) and (c), was in the original
    "subtitle" which was translated as reading "chapter", meaning
    chapter 2 of title IV of Pub. L. 93-618, as added, which enacted
    this part, to reflect the probable intent of Congress, because
    title IV of Pub. L. 93-618 contains no subtitles.

-FOOTNOTE-
    (!1) So in original. Probably should be "this".


-End-


-CITE-
    19 USC SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES     01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
             SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES         

-End-



-CITE-
    19 USC Sec. 2461                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
    Sec. 2461. Authority to extend preferences

-STATUTE-
      The President may provide duty-free treatment for any eligible
    article from any beneficiary developing country in accordance with
    the provisions of this subchapter. In taking any such action, the
    President shall have due regard for - 
        (1) the effect such action will have on furthering the economic
      development of developing countries through the expansion of
      their exports;
        (2) the extent to which other major developed countries are
      undertaking a comparable effort to assist developing countries by
      granting generalized preferences with respect to imports of
      products of such countries;
        (3) the anticipated impact of such action on United States
      producers of like or directly competitive products; and
        (4) the extent of the beneficiary developing country's
      competitiveness with respect to eligible articles.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 501, as added Pub. L. 104-188, title
    I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1917.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2461, Pub. L. 93-618, title V, Sec. 501, Jan. 3,
    1975, 88 Stat. 2066; Pub. L. 98-573, title V, Sec. 502, Oct. 30,
    1984, 98 Stat. 3018, related to authority to extend preferences,
    prior to the general amendment of this subchapter by Pub. L. 104-
    188.

                              EFFECTIVE DATE                          
      Section 1953 of Pub. L. 104-188 provided that:
      "(a) In General. - The amendments made by this subtitle [subtitle
    J (Secs. 1951-1954) of title I of Pub. L. 104-188, enacting this
    subchapter, amending sections 2702, 3011, 3202, 3331, and 3551 of
    this title, section 1444-2 of Title 7, Agriculture, section 4711 of
    Title 15, Commerce and Trade, sections 262p-4p and 2191a of Title
    22, Foreign Relations and Intercourse, and section 871 of Title 26,
    Internal Revenue Code, and enacting provisions set out as a note
    under section 2101 of this title] apply to articles entered on or
    after October 1, 1996.
      "(b) Retroactive Application. - 
        "(1) General rule. - Notwithstanding section 514 of the Tariff
      Act of 1930 [19 U.S.C. 1514] or any other provision of law and
      subject to subsection (c) - 
          "(A) any article that was entered - 
            "(i) after July 31, 1995, and
            "(ii) before January 1, 1996, and
      to which duty-free treatment under title V of the Trade Act of
      1974 [this subchapter] would have applied if the entry had been
      made on July 31, 1995, shall be liquidated or reliquidated as
      free of duty, and the Secretary of the Treasury shall refund any
      duty paid with respect to such entry, and
          "(B) any article that was entered - 
            "(i) after December 31, 1995, and
            "(ii) before October 1, 1996, and
      to which duty-free treatment under title V of the Trade Act of
      1974 [this subchapter] (as amended by this subtitle) would have
      applied if the entry had been made on or after October 1, 1996,
      shall be liquidated or reliquidated as free of duty, and the
      Secretary of the Treasury shall refund any duty paid with respect
      to such entry.
        "(2) Limitation on refunds. - No refund shall be made pursuant
      to this subsection before October 1, 1996.
        "(3) Entry. - As used in this subsection, the term 'entry'
      includes a withdrawal from warehouse for consumption.
      "(c) Requests. - Liquidation or reliquidation may be made under
    subsection (b) with respect to an entry only if a request therefor
    is filed with the Customs Service, within 180 days after the date
    of the enactment of this Act [Aug. 20, 1996], that contains
    sufficient information to enable the Customs Service - 
        "(1) to locate the entry; or
        "(2) to reconstruct the entry if it cannot be located."

-End-



-CITE-
    19 USC Sec. 2462                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
    Sec. 2462. Designation of beneficiary developing countries

-STATUTE-
    (a) Authority to designate countries
      (1) Beneficiary developing countries
        The President is authorized to designate countries as
      beneficiary developing countries for purposes of this subchapter.
      (2) Least-developed beneficiary developing countries
        The President is authorized to designate any beneficiary
      developing country as a least-developed beneficiary developing
      country for purposes of this subchapter, based on the
      considerations in section 2461 of this title and subsection (c)
      of this section.
    (b) Countries ineligible for designation
      (1) Specific countries
        The following countries may not be designated as beneficiary
      developing countries for purposes of this subchapter:
          (A) Australia.
          (B) Canada.
          (C) European Union member states.
          (D) Iceland.
          (E) Japan.
          (F) Monaco.
          (G) New Zealand.
          (H) Norway.
          (I) Switzerland.
      (2) Other bases for ineligibility
        The President shall not designate any country a beneficiary
      developing country under this subchapter if any of the following
      applies:
          (A) Such country is a Communist country, unless - 
            (i) the products of such country receive nondiscriminatory
          treatment,
            (ii) such country is a WTO Member (as such term is defined
          in section 3501(10) of this title) and a member of the
          International Monetary Fund, and
            (iii) such country is not dominated or controlled by
          international communism.

          (B) Such country is a party to an arrangement of countries
        and participates in any action pursuant to such arrangement,
        the effect of which is - 
            (i) to withhold supplies of vital commodity resources from
          international trade or to raise the price of such commodities
          to an unreasonable level, and
            (ii) to cause serious disruption of the world economy.

          (C) Such country affords preferential treatment to the
        products of a developed country, other than the United States,
        which has, or is likely to have, a significant adverse effect
        on United States commerce.
          (D)(i) Such country - 
            (I) has nationalized, expropriated, or otherwise seized
          ownership or control of property, including patents,
          trademarks, or copyrights, owned by a United States citizen
          or by a corporation, partnership, or association which is 50
          percent or more beneficially owned by United States citizens,
            (II) has taken steps to repudiate or nullify an existing
          contract or agreement with a United States citizen or a
          corporation, partnership, or association which is 50 percent
          or more beneficially owned by United States citizens, the
          effect of which is to nationalize, expropriate, or otherwise
          seize ownership or control of property, including patents,
          trademarks, or copyrights, so owned, or
            (III) has imposed or enforced taxes or other exactions,
          restrictive maintenance or operational conditions, or other
          measures with respect to property, including patents,
          trademarks, or copyrights, so owned, the effect of which is
          to nationalize, expropriate, or otherwise seize ownership or
          control of such property,

        unless clause (ii) applies.
          (ii) This clause applies if the President determines that - 
            (I) prompt, adequate, and effective compensation has been
          or is being made to the citizen, corporation, partnership, or
          association referred to in clause (i),
            (II) good faith negotiations to provide prompt, adequate,
          and effective compensation under the applicable provisions of
          international law are in progress, or the country described
          in clause (i) is otherwise taking steps to discharge its
          obligations under international law with respect to such
          citizen, corporation, partnership, or association, or
            (III) a dispute involving such citizen, corporation,
          partnership, or association over compensation for such a
          seizure has been submitted to arbitration under the
          provisions of the Convention for the Settlement of Investment
          Disputes, or in another mutually agreed upon forum,

        and the President promptly furnishes a copy of such
        determination to the Senate and House of Representatives.
          (E) Such country fails to act in good faith in recognizing as
        binding or in enforcing arbitral awards in favor of United
        States citizens or a corporation, partnership, or association
        which is 50 percent or more beneficially owned by United States
        citizens, which have been made by arbitrators appointed for
        each case or by permanent arbitral bodies to which the parties
        involved have submitted their dispute.
          (F) Such country aids or abets, by granting sanctuary from
        prosecution to, any individual or group which has committed an
        act of international terrorism or the Secretary of State makes
        a determination with respect to such country under section
        2405(j)(1)(A) of title 50, Appendix or such country has not
        taken steps to support the efforts of the United States to
        combat terrorism.
          (G) Such country has not taken or is not taking steps to
        afford internationally recognized worker rights to workers in
        the country (including any designated zone in that country).
          (H) Such country has not implemented its commitments to
        eliminate the worst forms of child labor.

      Subparagraphs (D), (E), (F), (G), and (H) (to the extent
      described in section 2467(6)(D) of this title) shall not prevent
      the designation of any country as a beneficiary developing
      country under this subchapter if the President determines that
      such designation will be in the national economic interest of the
      United States and reports such determination to the Congress with
      the reasons therefor.
    (c) Factors affecting country designation
      In determining whether to designate any country as a beneficiary
    developing country under this subchapter, the President shall take
    into account - 
        (1) an expression by such country of its desire to be so
      designated;
        (2) the level of economic development of such country,
      including its per capita gross national product, the living
      standards of its inhabitants, and any other economic factors
      which the President deems appropriate;
        (3) whether or not other major developed countries are
      extending generalized preferential tariff treatment to such
      country;
        (4) the extent to which such country has assured the United
      States that it will provide equitable and reasonable access to
      the markets and basic commodity resources of such country and the
      extent to which such country has assured the United States that
      it will refrain from engaging in unreasonable export practices;
        (5) the extent to which such country is providing adequate and
      effective protection of intellectual property rights;
        (6) the extent to which such country has taken action to - 
          (A) reduce trade distorting investment practices and policies
        (including export performance requirements); and
          (B) reduce or eliminate barriers to trade in services; and

        (7) whether or not such country has taken or is taking steps to
      afford to workers in that country (including any designated zone
      in that country) internationally recognized worker rights.
    (d) Withdrawal, suspension, or limitation of country designation
      (1) In general
        The President may withdraw, suspend, or limit the application
      of the duty-free treatment accorded under this subchapter with
      respect to any country. In taking any action under this
      subsection, the President shall consider the factors set forth in
      section 2461 of this title and subsection (c) of this section.
      (2) Changed circumstances
        The President shall, after complying with the requirements of
      subsection (f)(2) of this section, withdraw or suspend the
      designation of any country as a beneficiary developing country
      if, after such designation, the President determines that as the
      result of changed circumstances such country would be barred from
      designation as a beneficiary developing country under subsection
      (b)(2) of this section. Such country shall cease to be a
      beneficiary developing country on the day on which the President
      issues an Executive order or Presidential proclamation revoking
      the designation of such country under this subchapter.
      (3) Advice to Congress
        The President shall, as necessary, advise the Congress on the
      application of section 2461 of this title and subsection (c) of
      this section, and the actions the President has taken to
      withdraw, to suspend, or to limit the application of duty-free
      treatment with respect to any country which has failed to
      adequately take the actions described in subsection (c) of this
      section.
    (e) Mandatory graduation of beneficiary developing countries
      If the President determines that a beneficiary developing country
    has become a "high income" country, as defined by the official
    statistics of the International Bank for Reconstruction and
    Development, then the President shall terminate the designation of
    such country as a beneficiary developing country for purposes of
    this subchapter, effective on January 1 of the second year
    following the year in which such determination is made.
    (f) Congressional notification
      (1) Notification of designation
        (A) In general
          Before the President designates any country as a beneficiary
        developing country under this subchapter, the President shall
        notify the Congress of the President's intention to make such
        designation, together with the considerations entering into
        such decision.
        (B) Designation as least-developed beneficiary developing
          country
          At least 60 days before the President designates any country
        as a least-developed beneficiary developing country, the
        President shall notify the Congress of the President's
        intention to make such designation.
      (2) Notification of termination
        If the President has designated any country as a beneficiary
      developing country under this subchapter, the President shall not
      terminate such designation unless, at least 60 days before such
      termination, the President has notified the Congress and has
      notified such country of the President's intention to terminate
      such designation, together with the considerations entering into
      such decision.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 502, as added Pub. L. 104-188, title
    I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1917; amended Pub. L. 104-
    295, Sec. 35(a), Oct. 11, 1996, 110 Stat. 3538; Pub. L. 106-200,
    title IV, Sec. 412(a), May 18, 2000, 114 Stat. 298; Pub. L. 107-
    210, div. D, title XLI, Sec. 4102(a), Aug. 6, 2002, 116 Stat.
    1040.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2462, Pub. L. 93-618, title V, Sec. 502(a)-(c),
    (e), Jan. 3, 1975, 88 Stat. 2066-2069; Pub. L. 94-455, title XVIII,
    Sec. 1802, Oct. 4, 1976, 90 Stat. 1763; Pub. L. 96-39, title XI,
    Secs. 1106(g)(1), (2), 1111(a)(1), (2), July 26, 1979, 93 Stat.
    312, 313, 315; Pub. L. 98-573, title V, Sec. 503, Oct. 30, 1984, 98
    Stat. 3019; Pub. L. 99-47, Sec. 8(b)(2), June 11, 1985, 99 Stat.
    85; Pub. L. 99-514, title XVIII, Sec. 1887(a)(5), Oct. 22, 1986,
    100 Stat. 2923; Pub. L. 99-570, title IX, Sec. 9002(a), Oct. 27,
    1986, 100 Stat. 3207-166; Pub. L. 101-179, title III, Sec. 301,
    Nov. 28, 1989, 103 Stat. 1311; Pub. L. 101-382, title I, Sec. 131,
    Aug. 20, 1990, 104 Stat. 643; Pub. L. 103-66, title XIII, Sec.
    13802(a), Aug. 10, 1993, 107 Stat. 667; Pub. L. 103-149, Sec.
    4(b)(9), Nov. 23, 1993, 107 Stat. 1506, related to beneficiary
    developing countries, prior to the general amendment of this
    subchapter by Pub. L. 104-188.

                                AMENDMENTS                            
      2002 - Subsec. (b)(2)(F). Pub. L. 107-210 inserted "or such
    country has not taken steps to support the efforts of the United
    States to combat terrorism" before period at end.
      2000 - Subsec. (b)(2). Pub. L. 106-200, Sec. 412(a)(2), in
    concluding provisions substituted "(G), and (H) (to the extent
    described in section 2467(6)(D) of this title)" for "and (G)".
      Subsec. (b)(2)(H). Pub. L. 106-200, Sec. 412(a)(1), added subpar.
    (H).
      1996 - Subsec. (b)(2)(F). Pub. L. 104-295, amended subpar. (F)
    generally. Prior to amendment, subpar. (F) read as follows: "Such
    country aids or abets, by granting sanctuary from prosecution to,
    any individual or group which has committed an act of international
    terrorism."

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 35(b) of Pub. L. 104-295 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    October 1, 1996."


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Proc. No. 6942, Oct. 17, 1996, 61 F.R. 54719, provided in par.
    (5) that powers of the President granted in subsec. (f)(2) of this
    section to notify a country of the President's intention to
    terminate that country's status as a beneficiary developing country
    for purposes of the Generalized System of Preferences were
    delegated to the United States Trade Representative.

-End-



-CITE-
    19 USC Sec. 2463                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
    Sec. 2463. Designation of eligible articles

-STATUTE-
    (a) Eligible articles
      (1) Designation
        (A) In general
          Except as provided in subsection (b) of this section, the
        President is authorized to designate articles as eligible
        articles from all beneficiary developing countries for purposes
        of this subchapter by Executive order or Presidential
        proclamation after receiving the advice of the International
        Trade Commission in accordance with subsection (e) of this
        section.
        (B) Least-developed beneficiary developing countries
          Except for articles described in subparagraphs (A), (B), and
        (E) of subsection (b)(1) of this section and articles described
        in paragraphs (2) and (3) of subsection (b) of this section,
        the President may, in carrying out section 2462(d)(1) of this
        title and subsection (c)(1) of this section, designate articles
        as eligible articles only for countries designated as least-
        developed beneficiary developing countries under section
        2462(a)(2) of this title if, after receiving the advice of the
        International Trade Commission in accordance with subsection
        (e) of this section, the President determines that such
        articles are not import-sensitive in the context of imports
        from least-developed beneficiary developing countries.
        (C) Three-year rule
          If, after receiving the advice of the International Trade
        Commission under subsection (e) of this section, an article has
        been formally considered for designation as an eligible article
        under this subchapter and denied such designation, such article
        may not be reconsidered for such designation for a period of 3
        years after such denial.
      (2) Rule of origin
        (A) General rule
          The duty-free treatment provided under this subchapter shall
        apply to any eligible article which is the growth, product, or
        manufacture of a beneficiary developing country if - 
            (i) that article is imported directly from a beneficiary
          developing country into the customs territory of the United
          States; and
            (ii) the sum of - 
              (I) the cost or value of the materials produced in the
            beneficiary developing country or any two or more such
            countries that are members of the same association of
            countries and are treated as one country under section
            2467(2) of this title, plus
              (II) the direct costs of processing operations performed
            in such beneficiary developing country or such member
            countries,

          is not less than 35 percent of the appraised value of such
          article at the time it is entered.
        (B) Exclusions
          An article shall not be treated as the growth, product, or
        manufacture of a beneficiary developing country by virtue of
        having merely undergone - 
            (i) simple combining or packaging operations, or
            (ii) mere dilution with water or mere dilution with another
          substance that does not materially alter the characteristics
          of the article.
      (3) Regulations
        The Secretary of the Treasury, after consulting with the United
      States Trade Representative, shall prescribe such regulations as
      may be necessary to carry out paragraph (2), including, but not
      limited to, regulations providing that, in order to be eligible
      for duty-free treatment under this subchapter, an article - 
          (A) must be wholly the growth, product, or manufacture of a
        beneficiary developing country, or
          (B) must be a new or different article of commerce which has
        been grown, produced, or manufactured in the beneficiary
        developing country.
    (b) Articles that may not be designated as eligible articles
      (1) Import-sensitive articles
        The President may not designate any article as an eligible
      article under subsection (a) of this section if such article is
      within one of the following categories of import-sensitive
      articles:
          (A) Except as provided in paragraph (4), textile and apparel
        articles which were not eligible articles for purposes of this
        subchapter on January 1, 1994, as this subchapter was in effect
        on such date.
          (B) Watches, except those watches entered after June 30,
        1989, that the President specifically determines, after public
        notice and comment, will not cause material injury to watch or
        watch band, strap, or bracelet manufacturing and assembly
        operations in the United States or the United States insular
        possessions.
          (C) Import-sensitive electronic articles.
          (D) Import-sensitive steel articles.
          (E) Footwear, handbags, luggage, flat goods, work gloves, and
        leather wearing apparel which were not eligible articles for
        purposes of this subchapter on January 1, 1995, as this
        subchapter was in effect on such date.
          (F) Import-sensitive semimanufactured and manufactured glass
        products.
          (G) Any other articles which the President determines to be
        import-sensitive in the context of the Generalized System of
        Preferences.
      (2) Articles against which other actions taken
        An article shall not be an eligible article for purposes of
      this subchapter for any period during which such article is the
      subject of any action proclaimed pursuant to section 2253 of this
      title or section 1862 or 1981 of this title.
      (3) Agricultural products
        No quantity of an agricultural product subject to a tariff-rate
      quota that exceeds the in-quota quantity shall be eligible for
      duty-free treatment under this subchapter.
      (4) Certain hand-knotted or hand-woven carpets
        Notwithstanding paragraph (1)(A), the President may designate
      as an eligible article or articles under subsection (a) of this
      section carpets or rugs which are hand-loomed, hand-woven, hand-
      hooked, hand-tufted, or hand-knotted, and classifiable under
      subheading 5701.10.16, 5701.10.40, 5701.90.10, 5701.90.20,
      5702.10.90, 5702.42.20, 5702.49.10, 5702.51.20, 5702.91.30,
      5702.92.00, 5702.99.10, 5703.10.00, 5703.20.10, or 5703.30.00 of
      the Harmonized Tariff Schedule of the United States.
    (c) Withdrawal, suspension, or limitation of duty-free treatment;
      competitive need limitation
      (1) In general
        The President may withdraw, suspend, or limit the application
      of the duty-free treatment accorded under this subchapter with
      respect to any article, except that no rate of duty may be
      established with respect to any article pursuant to this
      subsection other than the rate which would apply but for this
      subchapter. In taking any action under this subsection, the
      President shall consider the factors set forth in sections 2461
      and 2462(c) of this title.
      (2) Competitive need limitation
        (A) Basis for withdrawal of duty-free treatment
          (i) In general
            Except as provided in clause (ii) and subject to subsection
          (d) of this section, whenever the President determines that a
          beneficiary developing country has exported (directly or
          indirectly) to the United States during any calendar year
          beginning after December 31, 1995 - 
              (I) a quantity of an eligible article having an appraised
            value in excess of the applicable amount for the calendar
            year, or
              (II) a quantity of an eligible article equal to or
            exceeding 50 percent of the appraised value of the total
            imports of that article into the United States during any
            calendar year,

          the President shall, not later than July 1 of the next
          calendar year, terminate the duty-free treatment for that
          article from that beneficiary developing country.
          (ii) Annual adjustment of applicable amount
            For purposes of applying clause (i), the applicable amount
          is - 
              (I) for 1996, $75,000,000, and
              (II) for each calendar year thereafter, an amount equal
            to the applicable amount in effect for the preceding
            calendar year plus $5,000,000.
        (B) "Country" defined
          For purposes of this paragraph, the term "country" does not
        include an association of countries which is treated as one
        country under section 2467(2) of this title, but does include a
        country which is a member of any such association.
        (C) Redesignations
          A country which is no longer treated as a beneficiary
        developing country with respect to an eligible article by
        reason of subparagraph (A) may, subject to the considerations
        set forth in sections 2461 and 2462 of this title, be
        redesignated a beneficiary developing country with respect to
        such article if imports of such article from such country did
        not exceed the limitations in subparagraph (A) during the
        preceding calendar year.
        (D) Least-developed beneficiary developing countries and
          beneficiary sub-Saharan African countries
          Subparagraph (A) shall not apply to any least-developed
        beneficiary developing country or any beneficiary sub-Saharan
        African country.
        (E) Articles not produced in the United States excluded
          Subparagraph (A)(i)(II) shall not apply with respect to any
        eligible article if a like or directly competitive article was
        not produced in the United States on January 1, 1995.
        (F) De minimis waivers
          (i) In general
            The President may disregard subparagraph (A)(i)(II) with
          respect to any eligible article from any beneficiary
          developing country if the aggregate appraised value of the
          imports of such article into the United States during the
          preceding calendar year does not exceed the applicable amount
          for such preceding calendar year.
          (ii) Applicable amount
            For purposes of applying clause (i), the applicable amount
          is - 
              (I) for calendar year 1996, $13,000,000, and
              (II) for each calendar year thereafter, an amount equal
            to the applicable amount in effect for the preceding
            calendar year plus $500,000.
    (d) Waiver of competitive need limitation
      (1) In general
        The President may waive the application of subsection (c)(2) of
      this section with respect to any eligible article of any
      beneficiary developing country if, before July 1 of the calendar
      year beginning after the calendar year for which a determination
      described in subsection (c)(2)(A) of this section was made with
      respect to such eligible article, the President - 
          (A) receives the advice of the International Trade Commission
        under section 1332 of this title on whether any industry in the
        United States is likely to be adversely affected by such
        waiver,
          (B) determines, based on the considerations described in
        sections 2461 and 2462(c) of this title and the advice
        described in subparagraph (A), that such waiver is in the
        national economic interest of the United States, and
          (C) publishes the determination described in subparagraph (B)
        in the Federal Register.
      (2) Considerations by the President
        In making any determination under paragraph (1), the President
      shall give great weight to - 
          (A) the extent to which the beneficiary developing country
        has assured the United States that such country will provide
        equitable and reasonable access to the markets and basic
        commodity resources of such country, and
          (B) the extent to which such country provides adequate and
        effective protection of intellectual property rights.
      (3) Other bases for waiver
        The President may waive the application of subsection (c)(2) of
      this section if, before July 1 of the calendar year beginning
      after the calendar year for which a determination described in
      subsection (c)(2) of this section was made with respect to a
      beneficiary developing country, the President determines that - 
          (A) there has been a historical preferential trade
        relationship between the United States and such country,
          (B) there is a treaty or trade agreement in force covering
        economic relations between such country and the United States,
        and
          (C) such country does not discriminate against, or impose
        unjustifiable or unreasonable barriers to, United States
        commerce,

      and the President publishes that determination in the Federal
      Register.
      (4) Limitations on waivers
        (A) In general
          The President may not exercise the waiver authority under
        this subsection with respect to a quantity of an eligible
        article entered during any calendar year beginning after 1995,
        the aggregate appraised value of which equals or exceeds 30
        percent of the aggregate appraised value of all articles that
        entered duty-free under this subchapter during the preceding
        calendar year.
        (B) Other waiver limits
          (i) The President may not exercise the waiver authority
        provided under this subsection with respect to a quantity of an
        eligible article entered during any calendar year beginning
        after 1995, the aggregate appraised value of which exceeds 15
        percent of the aggregate appraised value of all articles that
        have entered duty-free under this subchapter during the
        preceding calendar year from those beneficiary developing
        countries which for the preceding calendar year - 
            (I) had a per capita gross national product (calculated on
          the basis of the best available information, including that
          of the International Bank for Reconstruction and Development)
          of $5,000 or more; or
            (II) had exported (either directly or indirectly) to the
          United States a quantity of articles that was duty-free under
          this subchapter that had an aggregate appraised value of more
          than 10 percent of the aggregate appraised value of all
          articles that entered duty-free under this subchapter during
          that year.

          (ii) Not later than July 1 of each year, the President should
        revoke any waiver that has then been in effect with respect to
        an article for 5 years or more if the beneficiary developing
        country has exported to the United States (directly or
        indirectly) during the preceding calendar year a quantity of
        the article - 
            (I) having an appraised value in excess of 1.5 times the
          applicable amount set forth in subsection (c)(2)(A)(ii) for
          that calendar year; or
            (II) exceeding 75 percent of the appraised value of the
          total imports of that article into the United States during
          that calendar year.
        (C) Calculation of limitations
          There shall be counted against the limitations imposed under
        subparagraphs (A) and (B) for any calendar year only that value
        of any eligible article of any country that - 
            (i) entered duty-free under this subchapter during such
          calendar year; and
            (ii) is in excess of the value of that article that would
          have been so entered during such calendar year if the
          limitations under subsection (c)(2)(A) of this section
          applied.
      (5) Effective period of waiver
        Any waiver granted under this subsection shall remain in effect
      until the President determines that such waiver is no longer
      warranted due to changed circumstances.
    (e) International Trade Commission advice
      Before designating articles as eligible articles under subsection
    (a)(1) of this section, the President shall publish and furnish the
    International Trade Commission with lists of articles which may be
    considered for designation as eligible articles for purposes of
    this subchapter. The provisions of sections 2151, 2152, 2153, and
    2154 of this title shall be complied with as though action under
    section 2461 of this title and this section were action under
    section 2133 of this title to carry out a trade agreement entered
    into under section 2133 of this title.
    (f) Special rule concerning Puerto Rico
      No action under this subchapter may affect any tariff duty
    imposed by the Legislature of Puerto Rico pursuant to section 1319
    of this title on coffee imported into Puerto Rico.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 503, as added Pub. L. 104-188, title
    I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1921; amended Pub. L. 106-
    36, title I, Sec. 1001(a)(7), June 25, 1999, 113 Stat. 130; Pub.
    L. 106-200, title I, Sec. 111(b), May 18, 2000, 114 Stat. 258; Pub.
    L. 108-429, title I, Sec. 1555(a), (b), Dec. 3, 2004, 118 Stat.
    2578, 2579; Pub. L. 109-432, div. D, title VIII, Sec. 8001, Dec.
    20, 2006, 120 Stat. 3195.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in subsec. (b)(4), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2463, Pub. L. 93-618, title V, Sec. 503, Jan. 3,
    1975, 88 Stat. 2069; Pub. L. 96-39, title XI, Sec. 1111(a)(3), July
    26, 1979, 93 Stat. 315; Pub. L. 98-573, title V, Sec. 504, Oct. 30,
    1984, 98 Stat. 3020; Pub. L. 99-47, Sec. 8(b)(2), June 11, 1985, 99
    Stat. 85; Pub. L. 99-514, title XVIII, Sec. 1889(7), Oct. 22, 1986,
    100 Stat. 2926; Pub. L. 100-418, title I, Sec. 1903, Aug. 23, 1988,
    102 Stat. 1313; Pub. L. 101-382, title II, Sec. 226, Aug. 20, 1990,
    104 Stat. 660; Pub. L. 103-465, title IV, Sec. 404(e)(3), Dec. 8,
    1994, 108 Stat. 4961, related to eligible articles, prior to the
    general amendment of this subchapter by Pub. L. 104-188.

                                AMENDMENTS                            
      2006 - Subsec. (d)(4)(B). Pub. L. 109-432 designated existing
    provisions as cl. (i), redesignated former cls. (i) and (ii) as
    subcls. (I) and (II), respectively, and added cl. (ii).
      2004 - Subsec. (b)(1)(A). Pub. L. 108-429, Sec. 1555(b),
    substituted "Except as provided in paragraph (4), textile" for
    "Textile".
      Subsec. (b)(4). Pub. L. 108-429, Sec. 1555(a), added par. (4).
      2000 - Subsec. (c)(2)(D). Pub. L. 106-200 amended heading and
    text of subpar. (D) generally. Prior to amendment, text read as
    follows: "Subparagraph (A) shall not apply to any least-developed
    beneficiary developing country."
      1999 - Subsec. (a)(2)(A)(ii). Pub. L. 106-36 added subcl. (II)
    and concluding provisions and struck out former subcl. (II) which
    read as follows: "the direct costs of processing operations
    performed in such beneficiary developing country or such member
    countries, is not less than 35 percent of the appraised value of
    such article at the time it is entered."

                     EFFECTIVE DATE OF 2004 AMENDMENT                 
      Pub. L. 108-429, title I, Sec. 1555(c), Dec. 3, 2004, 118 Stat.
    2579, provided that: "The amendments made by subsections (a) and
    (b) [amending this section] shall apply to any article entered, or
    withdrawn from warehouse for consumption, on or after the date on
    which the President makes a designation with respect to the article
    under section 503(b)(4) of the Trade Act of 1974 [subsec. (b)(4) of
    this section], as added by subsection (a)."

-End-



-CITE-
    19 USC Sec. 2464                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
    Sec. 2464. Review and report to Congress

-STATUTE-
      The President shall submit an annual report to the Congress on
    the status of internationally recognized worker rights within each
    beneficiary developing country, including the findings of the
    Secretary of Labor with respect to the beneficiary country's
    implementation of its international commitments to eliminate the
    worst forms of child labor.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 504, as added Pub. L. 104-188, title
    I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1925; amended Pub. L. 106-
    200, title IV, Sec. 412(c), May 18, 2000, 114 Stat. 299.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2464, Pub. L. 93-618, title V, Sec. 504, Jan. 3,
    1975, 88 Stat. 2070; Pub. L. 96-39, title XI, Secs. 1106(g)(3),
    1111(a)(4), July 26, 1979, 93 Stat. 313, 315; Pub. L. 98-573, title
    V, Sec. 505, Oct. 30, 1984, 98 Stat. 3020; Pub. L. 99-47, Sec.
    8(b)(2), June 11, 1985, 99 Stat. 85; Pub. L. 99-514, title XVIII,
    Sec. 1887(a)(6), Oct. 22, 1986, 100 Stat. 2923, related to
    limitations on preferential treatment, prior to the general
    amendment of this subchapter by Pub. L. 104-188.

                                AMENDMENTS                            
      2000 - Pub. L. 106-200 inserted before period at end ", including
    the findings of the Secretary of Labor with respect to the
    beneficiary country's implementation of its international
    commitments to eliminate the worst forms of child labor".

-End-



-CITE-
    19 USC Sec. 2465                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
    Sec. 2465. Date of termination

-STATUTE-
      No duty-free treatment provided under this subchapter shall
    remain in effect after December 31, 2008.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 505, as added Pub. L. 104-188, title
    I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1925; amended Pub. L. 105-
    34, title IX, Sec. 981(a), Aug. 5, 1997, 111 Stat. 902; Pub. L.
    105-277, div. J, title I, Sec. 1011(a), Oct. 21, 1998, 112 Stat.
    2681-900; Pub. L. 106-170, title V, Sec. 508(a), Dec. 17, 1999, 113
    Stat. 1923; Pub. L. 107-210, div. D, title XLI, Sec. 4101(a), Aug.
    6, 2002, 116 Stat. 1040; Pub. L. 109-432, div. D, title VIII, Sec.
    8002, Dec. 20, 2006, 120 Stat. 3195.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2465, Pub. L. 93-618, title V, Sec. 505, Jan. 3,
    1975, 88 Stat. 2071; Pub. L. 98-573, title V, Sec. 506(a), Oct. 30,
    1984, 98 Stat. 3023; Pub. L. 103-66, title XIII, Sec. 13802(b)(1),
    Aug. 10, 1993, 107 Stat. 667; Pub. L. 103-465, title VI, Sec.
    601(a), Dec. 8, 1994, 108 Stat. 4990, related to termination of
    duty-free treatment and reports, prior to the general amendment of
    this subchapter by Pub. L. 104-188.

                                AMENDMENTS                            
      2006 - Pub. L. 109-432 substituted "December 31, 2008" for
    "December 31, 2006".
      2002 - Pub. L. 107-210 substituted "December 31, 2006" for
    "September 30, 2001".
      1999 - Pub. L. 106-170 substituted "September 30, 2001" for "June
    30, 1999".
      1998 - Pub. L. 105-277 substituted "June 30, 1999" for "June 30,
    1998".
      1997 - Pub. L. 105-34 substituted "June 30, 1998" for "May 31,
    1997".

                     EFFECTIVE DATE OF 1999 AMENDMENT                 
      Pub. L. 106-170, title V, Sec. 508(b), Dec. 17, 1999, 113 Stat.
    1923, provided that:
      "(1) In general. - The amendment made by this section [amending
    this section] applies to articles entered on or after the date of
    the enactment of this Act [Dec. 17, 1999].
      "(2) Retroactive application for certain liquidations and
    reliquidations. - 
        "(A) General rule. - Notwithstanding section 514 of the Tariff
      Act of 1930 [19 U.S.C. 1514] or any other provision of law, and
      subject to paragraph (3), any entry - 
          "(i) of an article to which duty-free treatment under title V
        of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] would have
        applied if such entry had been made on July 1, 1999, and such
        title had been in effect on July 1, 1999; and
          "(ii) that was made - 
            "(I) after June 30, 1999; and
            "(II) before the date of the enactment of this Act [Dec.
          17, 1999],
      shall be liquidated or reliquidated as free of duty, and the
      Secretary of the Treasury shall refund any duty paid with respect
      to such entry.
        "(B) Entry. - As used in this paragraph, the term 'entry'
      includes a withdrawal from warehouse for consumption.
      "(3) Requests. - Liquidation or reliquidation may be made under
    paragraph (2) with respect to an entry only if a request therefore
    is filed with the Customs Service, within 180 days after the date
    of the enactment of this Act [Dec. 17, 1999], that contains
    sufficient information to enable the Customs Service - 
        "(A) to locate the entry; or
        "(B) to reconstruct the entry if it cannot be located."

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Pub. L. 105-277, div. J, title I, Sec. 1011(b), Oct. 21, 1998,
    112 Stat. 2681-900, provided that:
      "(1) In general. - The amendments made by this section [amending
    this section] apply to articles entered on or after the date of the
    enactment of this Act [Oct. 21, 1998].
      "(2) Retroactive application for certain liquidations and
    reliquidations. - 
        "(A) General rule. - Notwithstanding section 514 of the Tariff
      Act of 1930 [19 U.S.C. 1514] or any other provision of law, and
      subject to paragraph (3), any entry - 
          "(i) of an article to which duty-free treatment under title V
        of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] would have
        applied if such entry had been made on July 1, 1998, and such
        title had been in effect on July 1, 1998, and
          "(ii) that was made - 
            "(I) after June 30, 1998, and
            "(II) before the date of enactment of this Act,
      shall be liquidated or reliquidated as free of duty, and the
      Secretary of the Treasury shall refund any duty paid with respect
      to such entry.
        "(B) Entry. - As used in this paragraph, the term 'entry'
      includes a withdrawal from warehouse for consumption.
      "(3) Requests. - Liquidation or reliquidation may be made under
    paragraph (2) with respect to an entry only if a request therefor
    is filed with the Customs Service, within 180 days after the date
    of enactment of this Act, that contains sufficient information to
    enable the Customs Service - 
        "(A) to locate the entry; or
        "(B) to reconstruct the entry if it cannot be located."

    RETROACTIVE APPLICATION FOR CERTAIN LIQUIDATIONS AND RELIQUIDATIONS
      Pub. L. 107-210, div. D, title XLI, Sec. 4101(b), Aug. 6, 2002,
    116 Stat. 1040, as amended by Pub. L. 108-429, title II, Sec.
    2004(a)(20), Dec. 3, 2004, 118 Stat. 2591, provided that:
      "(1) In general. - Notwithstanding section 514 of the Tariff Act
    of 1930 [19 U.S.C. 1514] or any other provision of law, and subject
    to paragraph (2), the entry of any article - 
        "(A) to which duty-free treatment under title V of the Trade
      Act of 1974 [19 U.S.C. 2461 et seq.] would have applied if the
      entry had been made on September 30, 2001,
        "(B) that was made after September 30, 2001, and before the
      date of the enactment of this Act [Aug. 6, 2002], and
        "(C) to which duty-free treatment under title V of that Act did
      not apply,
    shall be liquidated or reliquidated as free of duty, and the
    Secretary of the Treasury shall refund any duty paid with respect
    to such entry.
        "(2) Requests. - Liquidation or reliquidation may be made under
      paragraph (1) with respect to an entry only if a request therefor
      is filed with the Customs Service, within 180 days after the date
      of the enactment of this Act, that contains sufficient
      information to enable the Customs Service - 
          "(A) to locate the entry; or
          "(B) to reconstruct the entry if it cannot be located.
        "(3) Definition. - As used in this subsection, the term 'entry'
      includes a withdrawal from warehouse for consumption."
      [For transfer of functions, personnel, assets, and liabilities of
    the United States Customs Service of the Department of the
    Treasury, including functions of the Secretary of the Treasury
    relating thereto, to the Secretary of Homeland Security, and for
    treatment of related references, see sections 203(1), 551(d),
    552(d), and 557 of Title 6, Domestic Security, and the Department
    of Homeland Security Reorganization Plan of November 25, 2002, as
    modified, set out as a note under section 542 of Title 6.]
      Pub. L. 105-34, title IX, Sec. 981(b), Aug. 5, 1997, 111 Stat.
    902, provided that the entry of any article to which duty-free
    treatment under this subchapter would have applied if the entry had
    been made on May 31, 1997, and that was made after May 31, 1997,
    and before Aug. 5, 1997, would be liquidated or reliquidated as
    free of duty, and the Secretary of the Treasury would refund any
    duty paid with respect to such entry, only if a request therefor
    was filed with the Customs Service, within 180 days after Aug. 5,
    1997, that contained sufficient information to enable the Customs
    Service to locate the entry, or to reconstruct the entry if it
    could not be located.
      Pub. L. 103-465, title VI, Sec. 601(b), Dec. 8, 1994, 108 Stat.
    4991, as amended by Pub. L. 104-295, Sec. 20(f)(2), Oct. 11, 1996,
    110 Stat. 3529, provided that the entry of any article to which
    duty-free treatment under this subchapter would have applied if the
    entry had been made on Sept. 30, 1994, and that was made after
    Sept. 30, 1994, and before Dec. 8, 1994, would be liquidated or
    reliquidated as free of duty, and the Secretary of the Treasury
    would refund any duty paid with respect to such entry, only if a
    request therefor was filed with the Customs Service, within 180
    days after Dec. 8, 1994, that contained sufficient information to
    enable the Customs Service to locate the entry, or to reconstruct
    the entry if it could not be located.
      Pub. L. 103-66, title XIII, Sec. 13802(b)(2), Aug. 10, 1993, 107
    Stat. 667, provided that, upon proper request filed with the
    appropriate customs officer within 180 days after Aug. 10, 1993,
    the entry of any article to which duty-free treatment under this
    subchapter would have applied if the entry had been made on July 4,
    1993, and that was made after July 4, 1993, and before Aug. 10,
    1993, would be liquidated or reliquidated as free of duty, and the
    Secretary of the Treasury would refund any duty paid with respect
    to such entry.

-End-



-CITE-
    19 USC Sec. 2466                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
    Sec. 2466. Agricultural exports of beneficiary developing countries

-STATUTE-
      The appropriate agencies of the United States shall assist
    beneficiary developing countries to develop and implement measures
    designed to assure that the agricultural sectors of their economies
    are not directed to export markets to the detriment of the
    production of foodstuffs for their citizenry.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 506, as added Pub. L. 104-188, title
    I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1925.)


-MISC1-
                             PRIOR PROVISIONS                         
      A prior section 2466, Pub. L. 93-618, title V, Sec. 506, as added
    Pub. L. 98-573, title V, Sec. 507(a), Oct. 30, 1984, 98 Stat. 3023,
    related to agricultural exports of beneficiary developing
    countries, prior to the general amendment of this subchapter by
    Pub. L. 104-188.

-End-



-CITE-
    19 USC Sec. 2466a                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

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

-STATUTE-
    (a) Authority to designate
      (1) In general
        Notwithstanding any other provision of law, the President is
      authorized to designate a country listed in section 107 of the
      African Growth and Opportunity Act [19 U.S.C. 3706] as a
      beneficiary sub-Saharan African country eligible for the benefits
      described in subsection (b) of this section - 
          (A) if the President determines that the country meets the
        eligibility requirements set forth in section 104 of that Act
        [19 U.S.C. 3703], as such requirements are in effect on May 18,
        2000; and
          (B) subject to the authority granted to the President under
        subsections (a), (d), and (e) of section 2462 of this title, if
        the country otherwise meets the eligibility criteria set forth
        in section 2462 of this title.
      (2) Monitoring and review of certain countries
        The President shall monitor, review, and report to Congress
      annually on the progress of each country listed in section 107 of
      the African Growth and Opportunity Act in meeting the
      requirements described in paragraph (1) in order to determine the
      current or potential eligibility of each country to be designated
      as a beneficiary sub-Saharan African country for purposes of this
      section. The President's determinations, and explanations of such
      determinations, with specific analysis of the eligibility
      requirements described in paragraph (1)(A), shall be included in
      the annual report required by section 106 of the African Growth
      and Opportunity Act [19 U.S.C. 3705].
      (3) Continuing compliance
        If the President determines that a beneficiary sub-Saharan
      African country is not making continual progress in meeting the
      requirements described in paragraph (1), the President shall
      terminate the designation of that country as a beneficiary sub-
      Saharan African country for purposes of this section, effective
      on January 1 of the year following the year in which such
      determination is made.
    (b) Preferential tariff treatment for certain articles
      (1) In general
        The President may provide duty-free treatment for any article
      described in section 2463(b)(1)(B) through (G) of this title that
      is the growth, product, or manufacture of a beneficiary sub-
      Saharan African country described in subsection (a) of this
      section, if, after receiving the advice of the International
      Trade Commission in accordance with section 2463(e) of this
      title, the President determines that such article is not import-
      sensitive in the context of imports from beneficiary sub-Saharan
      African countries.
      (2) Rules of origin
        The duty-free treatment provided under paragraph (1) shall
      apply to any article described in that paragraph that meets the
      requirements of section 2463(a)(2) of this title, except that - 
          (A) if the cost or value of materials produced in the customs
        territory of the United States is included with respect to that
        article, an amount not to exceed 15 percent of the appraised
        value of the article at the time it is entered that is
        attributed to such United States cost or value may be applied
        toward determining the percentage referred to in subparagraph
        (A) of section 2463(a)(2) of this title; and
          (B) the cost or value of the materials included with respect
        to that article that are produced in one or more beneficiary
        sub-Saharan African countries or former beneficiary sub-Saharan
        African countries shall be applied in determining such
        percentage.
    (c) Beneficiary sub-Saharan African countries, etc.
      For purposes of this subchapter - 
        (1) the terms "beneficiary sub-Saharan African country" and
      "beneficiary sub-Saharan African countries" mean a country or
      countries listed in section 107 of the African Growth and
      Opportunity Act [19 U.S.C. 3706] that the President has
      determined is eligible under subsection (a) of this section.
        (2) the term "former beneficiary sub-Saharan African country"
      means a country that, after being designated as a beneficiary sub-
      Saharan African country under the African Growth and Opportunity
      Act [19 U.S.C. 3701 et seq.], ceased to be designated as such a
      country by reason of its entering into a free trade agreement
      with the United States.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 506A, as added Pub. L. 106-200,
    title I, Sec. 111(a), May 18, 2000, 114 Stat. 257; amended Pub. L.
    108-274, Sec. 7(a)(2), July 13, 2004, 118 Stat. 823.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The African Growth and Opportunity Act, referred to in subsec.
    (c)(2), is title I of Pub. L. 106-200, May 18, 2000, 114 Stat. 252,
    as amended, which is classified principally to chapter 23 (Sec.
    3701 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 3701 of
    this title and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (b)(2)(B). Pub. L. 108-274, Sec. 7(a)(2)(A),
    inserted "or former beneficiary sub-Saharan African countries"
    after "countries".
      Subsec. (c). Pub. L. 108-274, Sec. 7(a)(2)(B), substituted
    "subchapter - " for "subchapter,", inserted par. (1) designation
    before "the terms", and added par. (2).

-End-



-CITE-
    19 USC Sec. 2466b                                           01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

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

-STATUTE-
      In the case of a beneficiary sub-Saharan African country, as
    defined in section 2466a(c) of this title, duty-free treatment
    provided under this subchapter shall remain in effect through
    September 30, 2015.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 506B, as added Pub. L. 106-200,
    title I, Sec. 114, May 18, 2000, 114 Stat. 266; amended Pub. L. 108-
    274, Sec. 7(a)(1), July 13, 2004, 118 Stat. 823.)


-MISC1-
                                AMENDMENTS                            
      2004 - Pub. L. 108-274 substituted "2015" for "2008".

-End-



-CITE-
    19 USC Sec. 2467                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER V - GENERALIZED SYSTEM OF PREFERENCES

-HEAD-
    Sec. 2467. Definitions

-STATUTE-
      For purposes of this subchapter:
      (1) Beneficiary developing country
        The term "beneficiary developing country" means any country
      with respect to which there is in effect an Executive order or
      Presidential proclamation by the President designating such
      country as a beneficiary developing country for purposes of this
      subchapter.
      (2) Country
        The term "country" means any foreign country or territory,
      including any overseas dependent territory or possession of a
      foreign country, or the Trust Territory of the Pacific Islands.
      In the case of an association of countries which is a free trade
      area or customs union, or which is contributing to comprehensive
      regional economic integration among its members through
      appropriate means, including, but not limited to, the reduction
      of duties, the President may by Executive order or Presidential
      proclamation provide that all members of such association other
      than members which are barred from designation under section
      2462(b) of this title shall be treated as one country for
      purposes of this subchapter.
      (3) Entered
        The term "entered" means entered, or withdrawn from warehouse
      for consumption, in the customs territory of the United States.
      (4) Internationally recognized worker rights
        The term "internationally recognized worker rights" includes - 
          (A) the right of association;
          (B) the right to organize and bargain collectively;
          (C) a prohibition on the use of any form of forced or
        compulsory labor;
          (D) a minimum age for the employment of children, and a
        prohibition on the worst forms of child labor, as defined in
        paragraph (6); and
          (E) acceptable conditions of work with respect to minimum
        wages, hours of work, and occupational safety and health.
      (5) Least-developed beneficiary developing country
        The term "least-developed beneficiary developing country" means
      a beneficiary developing country that is designated as a least-
      developed beneficiary developing country under section
      2462(a)(2) of this title.
      (6) Worst forms of child labor
        The term "worst forms of child labor" means - 
          (A) all forms of slavery or practices similar to slavery,
        such as the sale or trafficking of children, debt bondage and
        serfdom, or forced or compulsory labor, including forced or
        compulsory recruitment of children for use in armed conflict;
          (B) the use, procuring, or offering of a child for
        prostitution, for the production of pornography or for
        pornographic purposes;
          (C) the use, procuring, or offering of a child for illicit
        activities in particular for the production and trafficking of
        drugs; and
          (D) work which, by its nature or the circumstances in which
        it is carried out, is likely to harm the health, safety, or
        morals of children.

      The work referred to in subparagraph (D) shall be determined by
      the laws, regulations, or competent authority of the beneficiary
      developing country involved.

-SOURCE-
    (Pub. L. 93-618, title V, Sec. 507, as added Pub. L. 104-188, title
    I, Sec. 1952(a), Aug. 20, 1996, 110 Stat. 1926; amended Pub. L. 106-
    200, title IV, Sec. 412(b), May 18, 2000, 114 Stat. 298; Pub. L.
    107-210, div. D, title XLI, Sec. 4102(b), Aug. 6, 2002, 116 Stat.
    1041.)


-MISC1-
                                AMENDMENTS                            
      2002 - Par. (4)(D). Pub. L. 107-210 amended subpar. (D)
    generally. Prior to amendment, subpar. (D) read as follows: "a
    minimum age for the employment of children; and".
      2000 - Par. (6). Pub. L. 106-200 added par. (6).

           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-


-CITE-
    19 USC SUBCHAPTER VI - GENERAL PROVISIONS                   01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
                    SUBCHAPTER VI - GENERAL PROVISIONS                

-End-



-CITE-
    19 USC Sec. 2481                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
    Sec. 2481. Definitions

-STATUTE-
      For purposes of this chapter - 
        (1) The term "duty" includes the rate and form of any import
      duty, including but not limited to tariff-rate quotas.
        (2) The term "other import restriction" includes a limitation,
      prohibition, charge, or exaction other than duty, imposed on
      importation or imposed for the regulation of importation. The
      term does not include any orderly marketing agreement.
        (3) The term "ad valorem" includes ad valorem equivalent.
      Whenever any limitation on the amount by which or to which any
      rate of duty may be decreased or increased pursuant to a trade
      agreement is expressed in terms of an ad valorem percentage, the
      ad valorem amount taken into account for purposes of such
      limitation shall be determined by the President on the basis of
      the value of imports of the articles concerned during the most
      recent representative period.
        (4) The term "ad valorem equivalent" means the ad valorem
      equivalent of a specific rate or, in the case of a combination of
      rates including a specific rate, the sum of the ad valorem
      equivalent of the specific rate and of the ad valorem rate. The
      ad valorem equivalent shall be determined by the President on the
      basis of the value of imports of the article concerned during the
      most recent representative period. In determining the value of
      imports, the President shall utilize, to the maximum extent
      practicable, the standards of valuation contained in section
      1401a or 1402 (!1) of this title (as in effect before the
      effective date of the amendments made by title II of the Trade
      Agreements Act of 1979) or in section 1401a of this title (as in
      effect on the effective date of such title II amendments)
      whichever is applicable to the article concerned during such
      representative period.

        (5) An imported article is "directly competitive with" a
      domestic article at an earlier or later stage of processing, and
      a domestic article is "directly competitive with" an imported
      article at an earlier or later stage of processing, if the
      importation of the article has an economic effect on producers of
      the domestic article comparable to the effect of importation of
      articles in the same stage of processing as the domestic article.
      For purposes of this paragraph, the unprocessed article is at an
      earlier stage of processing.
        (6) The term "modification", as applied to any duty or other
      import restriction, includes the elimination of any duty or other
      import restriction.
        (7) The term "existing" means (A) when used, without the
      specification of any date, with respect to any matter relating to
      entering into or carrying out a trade agreement or other action
      authorized by this chapter, existing on the day on which such
      trade agreement is entered into or such other action is taken;
      and (B) when used with respect to a rate of duty, the
      nonpreferential rate of duty (however established, and even
      though temporarily suspended by Act of Congress or otherwise) set
      forth in rate column numbered 1 of chapters 1 through 97 of the
      Harmonized Tariff Schedule of the United States on the date
      specified or (if no date is specified) on the day referred to in
      clause (A).
        (8) A product of a country or area is an article which is the
      growth, produce, or manufacture of such country or area.
        (9) The term "nondiscriminatory treatment" means trade
      treatment based on normal trade relations (known under
      international law as most-favored-nation treatment).
        (10) The term "commerce" includes services associated with
      international trade.

-SOURCE-
    (Pub. L. 93-618, title VI, Sec. 601, Jan. 3, 1975, 88 Stat. 2071;
    Pub. L. 96-39, title II, Sec. 202(c)(1), title XI, Sec. 1106(h)(1),
    July 26, 1979, 93 Stat. 202, 313; Pub. L. 100-418, title I, Sec.
    1214(j)(5), Aug. 23, 1988, 102 Stat. 1158; Pub. L. 105-206, title
    V, Sec. 5003(b)(2)(B), July 22, 1998, 112 Stat. 789.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 1402 of this title, referred to in par. (4), was repealed
    by Pub. L. 96-39, title II, Sec. 201(b), July 26, 1979, 93 Stat.
    201.
      The effective date of the amendments made by title II of the
    Trade Agreements Act of 1979, referred to in par. (4), is July 1,
    1980. See section 204(a) of Pub. L. 96-39, set out as an Effective
    Date of 1979 Amendment note under section 1401a of this title.
      The Harmonized Tariff Schedule of the United States, referred to
    in par. (7), is not set out in the Code. See Publication of
    Harmonized Tariff Schedule note set out under section 1202 of this
    title.


-MISC1-
                                AMENDMENTS                            
      1998 - Par. (9). Pub. L. 105-206 substituted "trade treatment
    based on normal trade relations (known under international law as
    most-favored-nation treatment)" for "most-favored-nation
    treatment".
      1988 - Par. (7). Pub. L. 100-418 substituted "chapters 1 through
    97 of the Harmonized Tariff Schedule of the United States" for
    "schedules 1 through 7 of the Tariff Schedules of the United
    States".
      1979 - Par. (2). Pub. L. 96-39, Sec. 1106(h)(1), substituted "or
    exaction" for "and exaction".
      Par. (4). Pub. L. 96-39, Sec. 202(c)(1), substituted "section
    1401a or 1402 of this title (as in effect before the effective date
    of the amendments made by title II of the Trade Agreements Act of
    1979) or in sections 1401a of this title (as in effect on the
    effective date of such title II amendments) whichever is
    applicable" for "section 1401a or 1402 of this title applicable".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
    applicable with respect to articles entered on or after such date,
    see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
    Date note under section 3001 of this title.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by section 202(c)(1) of Pub. L. 96-39 effective July 1,
    1980, see section 204(a) of Pub. L. 96-39, set out as a note under
    section 1401a of this title.
      Amendment by section 1106(h)(1) of Pub. L. 96-39 effective July
    26, 1979, see section 1114 of Pub. L. 96-39, set out as an
    Effective Date note under section 2581 of this title.

                             SAVINGS PROVISION                         
      Pub. L. 105-206, title V, Sec. 5003(c), July 22, 1998, 112 Stat.
    790, provided that: "Nothing in this section [amending this
    section, sections 1881, 2432, 3332 and 3555 of this title, and
    sections 5401 and 5713 of Title 22, Foreign Relations and
    Intercourse, enacting provisions set out as notes under this
    section, and amending provisions set out as a note under section
    2112 of this title] shall affect the meaning of any provision of
    law, Executive order, Presidential proclamation, rule, regulation,
    delegation of authority, other document, or treaty or other
    international agreement of the United States relating to the
    principle of 'most-favored-nation' (or 'most favored nation')
    treatment. Any Executive order, Presidential proclamation, rule,
    regulation, delegation of authority, other document, or treaty or
    other international agreement of the United States that has been
    issued, made, granted, or allowed to become effective and that is
    in effect on the effective date of this Act [July 22, 1998], or was
    to become effective on or after the effective date of this Act,
    shall continue in effect according to its terms until modified,
    terminated, superseded, set aside, or revoked in accordance with
    law."

          CLARIFICATION OF DESIGNATION OF NORMAL TRADE RELATIONS      
      Pub. L. 105-206, title V, Sec. 5003(a), July 22, 1998, 112 Stat.
    789, provided that:
      "(1) Findings. - The Congress makes the following findings:
        "(A) Since the 18th century, the principle of nondiscrimination
      among countries with which the United States has trade relations,
      commonly referred to as 'most-favored-nation' treatment, has been
      a cornerstone of United States trade policy.
        "(B) Although the principle remains firmly in place as a
      fundamental concept in United States trade relations, the term
      'most-favored-nation' is a misnomer which has led to public
      misunderstanding.
        "(C) It is neither the purpose nor the effect of the most-
      favored-nation principle to treat any country as 'most favored'.
      To the contrary, the principle reflects the intention to confer
      on a country the same trade benefits that are conferred on any
      other country, that is, the intention not to discriminate among
      trading partners.
        "(D) The term 'normal trade relations' is a more accurate
      description of the principle of nondiscrimination as it applies
      to the tariffs applicable generally to imports from United States
      trading partners, that is, the general rates of duty set forth in
      column 1 of the Harmonized Tariff Schedule of the United States.
      "(2) Policy. - It is the sense of the Congress that - 
        "(A) the language used in United States laws, treaties,
      agreements, executive orders, directives, and regulations should
      more clearly and accurately reflect the underlying principles of
      United States trade policy; and
        "(B) accordingly, the term 'normal trade relations' should,
      where appropriate, be substituted for the term 'most-favored-
      nation'."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    19 USC Sec. 2482                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
    Sec. 2482. Exercise of functions of International Trade Commission

-STATUTE-
    (a) Preliminary investigation
      In order to expedite the performance of its functions under this
    chapter, the International Trade Commission may conduct preliminary
    investigations, determine the scope and manner of its proceedings,
    and consolidate proceedings before it.
    (b) Use of authority granted under other provisions
      In performing its functions under this chapter, the Commission
    may exercise any authority granted to it under any other Act.
    (c) Gathering of current information
      The Commission shall at all times keep informed concerning the
    operation and effect of provisions relating to duties or other
    import restrictions of the United States contained in trade
    agreements entered into under the trade agreements program.

-SOURCE-
    (Pub. L. 93-618, title VI, Sec. 603, Jan. 3, 1975, 88 Stat. 2073.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b), was in the
    original "this Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat.
    1978, as amended, which is classified principally to this chapter.
    For complete classification of this Act to the Code, see References
    in Text note set out under section 2101 of this title and Tables.

-End-



-CITE-
    19 USC Sec. 2483                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
    Sec. 2483. Consequential changes in Tariff Schedules of the United
      States

-STATUTE-
      The President shall from time to time, as appropriate, embody in
    the Harmonized Tariff Schedule of the United States the substance
    of the relevant provisions of this chapter, and of other Acts
    affecting import treatment, and actions thereunder, including
    removal, modification, continuance, or imposition of any rate of
    duty or other import restriction.

-SOURCE-
    (Pub. L. 93-618, title VI, Sec. 604, Jan. 3, 1975, 88 Stat. 2073;
    Pub. L. 100-418, title I, Secs. 1213(a), 1214(j)(4), Aug. 23, 1988,
    102 Stat. 1155, 1158.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Harmonized Tariff Schedule of the United States, referred to
    in text, is not set out in the Code. See Publication of Harmonized
    Tariff Schedule note set out under section 1202 of this title.
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as
    amended, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see References in
    Text note set out under section 2101 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1988 - Pub. L. 100-418 substituted "Harmonized Tariff Schedule of
    the United States" for "Tariff Schedules of the United States" and
    inserted "removal," after "including".

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
    applicable with respect to articles entered on or after such date,
    see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
    Date note under section 3001 of this title.


-TRANS-
                          DELEGATION OF FUNCTIONS                      
      Authority of President under this section to embody
    rectifications, technical or conforming changes, or similar
    modifications in the Harmonized Tariff Schedule delegated to the
    United States Trade Representative by par. (4) of Proc. No. 6969,
    Jan. 27, 1997, 62 F.R. 4417.


-EXEC-
    PROC. NO. 6914. TO MODIFY THE ALLOCATION OF TARIFF-RATE QUOTAS FOR
                              CERTAIN CHEESES
      Proc. No. 6914, Aug. 26, 1996, 61 F.R. 45851, provided:
      1. On January 1, 1995, Austria, Finland, and Sweden acceded to
    the European Communities (EC), and the EC customs union of 12
    member countries ("EC-12") was enlarged to a customs union of 15
    member countries ("EC-15"). At that time, the EC-12, Austria,
    Finland, and Sweden withdrew their tariff schedules under the World
    Trade Organization and applied the common external tariff of the EC-
    12 to imports into the EC-15. The United States and the EC then
    entered into negotiations under Article XXIV:6 and Article XXVIII
    of the General Agreement on Tariffs and Trade 1994 to compensate
    the United States for the resulting increase in some tariffs on
    U.S. exports to Austria, Finland, and Sweden.
      2. On July 22, 1996, the United States and the EC signed an
    agreement concluding the negotiations on compensation. To recognize
    the membership of Austria, Finland, and Sweden in the EC-15, the
    tariff-rate quota (TRQ) allocations for cheeses from these
    countries will become part of the total TRQ allocations for cheeses
    from the EC-15, but will be reserved for use by these countries
    through 1997.
      3. Section 404(d)(3) of the Uruguay Round Agreements Act (URAA)
    (19 U.S.C. 3601(d)(3)) authorizes the President to allocate the in-
    quota quantity of a tariff-rate quota for any agricultural product
    among supplying countries or customs areas and to modify any
    allocation as the President determines appropriate. Pursuant to
    section 404(d)(3) of the URAA, I have determined that it is
    appropriate to modify the TRQ allocations for cheeses by providing
    that the TRQ allocations for cheeses from Austria, Finland, and
    Sweden will become part of the total TRQ allocations for cheeses
    from the EC-15, but will be reserved for use by these countries
    through 1997.
      4. Section 604 of the Trade Act of 1974, as amended ("Trade Act")
    (19 U.S.C. 2483), authorizes the President to embody in the
    Harmonized Tariff Schedule of the United States (HTS) the substance
    of the relevant provisions of that Act, and of other Acts affecting
    import treatment, and actions thereunder, including the removal,
    modification, continuance, or imposition of any rate of duty or
    other import restriction. The modification of the TRQ allocations
    for cheeses is such an action.
      5. In paragraph (3) of Proclamation 6763 of December 23, 1994, I
    delegated my authority under section 404(d)(3) of the Trade Act
    [probably means section 404(d)(3) of the URAA, 19 U.S.C.
    3601(d)(3)] to the United States Trade Representative (USTR). I
    have determined that it is appropriate to authorize the USTR to
    exercise my authority under section 604 of the Trade Act [19 U.S.C.
    2483] to embody in the HTS the substance of any action taken by the
    USTR under section 404(d)(3) of the URAA.
      NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United
    States of America, acting under the authority vested in me by the
    Constitution and the laws of the United States, including but not
    limited to section 301 of title 3, United States Code, section
    404(d)(3) of the URAA, and section 604 of the Trade Act do proclaim
    that:
      (1) Additional U.S. notes to chapter 4 of the HTS are modified as
    specified in the Annex to this proclamation.
      (2) The USTR is authorized to exercise my authority under section
    604 of the Trade Act [19 U.S.C. 2483] to embody in the HTS the
    substance of any actions taken by USTR under section 404(d)(3) of
    the URAA [19 U.S.C. 3601(d)(3)].
      (3) Any provisions of previous proclamations and Executive orders
    that are inconsistent with the actions taken in this proclamation
    are superseded to the extent of such inconsistency.
      (4) This proclamation is effective on the date of signature of
    this proclamation, and the modifications to the HTS made by the
    Annex to this proclamation shall be effective on the dates that are
    specified in that Annex.
      IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth
    day of August, in the year of our Lord nineteen hundred and ninety-
    six, and of the Independence of the United States of America the
    two hundred and twenty-first.
                                                     William J. Clinton.

                                   ANNEX                               
      The Annex of Proclamation 6914, which amended the Harmonized
    Tariff Schedule of the United States, is not set out under this
    section because the Harmonized Tariff Schedule is not set out in
    the Code. See Publication of Harmonized Tariff Schedule note set
    out under section 1202 of this title.

-End-



-CITE-
    19 USC Sec. 2484                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
    Sec. 2484. International drug control

-STATUTE-
      The President shall submit a report to Congress at least once
    each calendar year listing those foreign countries in which
    narcotic drugs and other controlled substances (as listed under
    section 812 of title 21) are produced, processed, or transported
    for unlawful entry into the United States. Such report shall
    include a description of the measures such countries are taking to
    prevent such production, processing, or transport.

-SOURCE-
    (Pub. L. 93-618, title VI, Sec. 606, Jan. 3, 1975, 88 Stat. 2073.)

-End-



-CITE-
    19 USC Sec. 2485                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
    Sec. 2485. Voluntary limitations on exports of steel to United
      States

-STATUTE-
      No person shall be liable for damages, penalties, or other
    sanctions under the Federal Trade Commission Act [15 U.S.C. 41 et
    seq.] or the Antitrust Acts (as defined in section 4 of the Federal
    Trade Commission Act [15 U.S.C. 44]), or under any similar State
    law, on account of his negotiating, entering into, participating
    in, or implementing an arrangement providing for the voluntary
    limitation on exports of steel and steel products to the United
    States, or any modification or renewal of such an arrangement, if
    such arrangement or such modification or renewal - 
        (1) was undertaken prior to January 3, 1975, at the request of
      the Secretary of State or his delegate, and
        (2) ceases to be effective not later than January 1, 1975.

-SOURCE-
    (Pub. L. 93-618, title VI, Sec. 607, Jan. 3, 1975, 88 Stat. 2073.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Federal Trade Commission Act, referred to in text, is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of Title 15, Commerce and Trade. For complete classification of
    this Act to the Code, see section 58 of Title 15 and Tables.

-End-



-CITE-
    19 USC Sec. 2486                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
    Sec. 2486. Trade relations with North American countries

-STATUTE-
    (a) Negotiations for free trade area with Canada
      It is the sense of the Congress that the United States should
    enter into a trade agreement with Canada which will guarantee
    continued stability to the economies of the United States and
    Canada. In order to promote such economic stability, the President
    may initiate negotiations for a trade agreement with Canada to
    establish a free trade area covering the United States and Canada.
    Nothing in this section shall be construed as prior approval of any
    legislation which may be necessary to implement such a trade
    agreement.
    (b) Regional study
      The President shall study the desirability of entering into trade
    agreements with countries in the northern portion of the western
    hemisphere to promote the economic growth of the United States and
    such countries and the mutual expansion of market opportunities and
    report to the Committee on Ways and Means of the House of
    Representatives and the Committee on Finance of the Senate his
    findings and conclusions within 2 years after July 26, 1979. The
    study shall include an examination of competitive opportunities and
    conditions of competition between such countries and the United
    States in the agricultural, energy, and other appropriate sectors.

-SOURCE-
    (Pub. L. 93-618, title VI, Sec. 612, Jan. 3, 1975, 88 Stat. 2076;
    Pub. L. 96-39, title XI, Sec. 1104(a), (b)(1), July 26, 1979, 93
    Stat. 310.)


-MISC1-
                                AMENDMENTS                            
      1979 - Pub. L. 96-39 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-39 effective July 26, 1979, see section
    1114 of Pub. L. 96-39, set out as an Effective Date note under
    section 2581 of this title.

-End-



-CITE-
    19 USC Sec. 2487                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VI - GENERAL PROVISIONS

-HEAD-
    Sec. 2487. Repealed.

-MISC1-
    Sec. 2487. Repealed. Pub. L. 102-145, Sec. 121, as added Pub. L.
      102-266, Sec. 102, Apr. 1, 1992, 106 Stat. 95.
      Section, Pub. L. 93-618, title VI, Sec. 613, Jan. 3, 1975, 88
    Stat. 2076, related to limitation on credit to Russia.

-End-


-CITE-
    19 USC SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF,
           AND OTHER SANCTIONS AGAINST, UNCOOPERATIVE
           MAJOR DRUG PRODUCING OR DRUG-TRANSIT
           COUNTRIES                                       01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
           SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
           DRUG-TRANSIT COUNTRIES                        

-HEAD-
        SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
         SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
                          DRUG-TRANSIT COUNTRIES

-End-



-CITE-
    19 USC Sec. 2491                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
           SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
           DRUG-TRANSIT COUNTRIES                        

-HEAD-
    Sec. 2491. Short title

-STATUTE-
      This subchapter may be cited as the "Narcotics Control Trade
    Act".

-SOURCE-
    (Pub. L. 93-618, title VIII, Sec. 801, as added Pub. L. 99-570,
    title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-164.)

-End-



-CITE-
    19 USC Sec. 2492                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
           SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
           DRUG-TRANSIT COUNTRIES                        

-HEAD-
    Sec. 2492. Tariff treatment of products of uncooperative major drug
      producing or drug-transit countries

-STATUTE-
    (a) Required action by President
      Subject to subsection (b) of this section, for every major drug
    producing country and every major drug-transit country, the
    President shall, on or after March 1, 1987, and March 1 of each
    succeeding year, to the extent considered necessary by the
    President to achieve the purposes of this subchapter - 
        (1) deny to any or all of the products of that country tariff
      treatment under the Generalized System of Preferences, the
      Caribbean Basin Economic Recovery Act [19 U.S.C. 2701 et seq.],
      or any other law providing preferential tariff treatment;
        (2) apply to any or all of the dutiable products of that
      country an additional duty at a rate not to exceed 50 percent ad
      valorem or the specific rate equivalent;
        (3) apply to one or more duty-free products of that country a
      duty at a rate not to exceed 50 percent ad valorem;
        (4) take the steps described in subsection (d)(1) or (d)(2) of
      this section, or both, to curtail air transportation between the
      United States and that country;
        (5) withdraw the personnel and resources of the United States
      from participation in any arrangement with that country for the
      pre-clearance of customs by visitors between the United States
      and that country; or
        (6) take any combination of the actions described in paragraphs
      (1) through (5).
    (b) Certifications; Congressional action
      (1)(A) Subject to paragraph (3), subsection (a) of this section
    shall not apply with respect to a country if the President
    determines and certifies to the Congress, at the time of the
    submission of the report required by section 2291h of title 22,
    that - 
        (i) during the previous year the country has cooperated fully
      with the United States, or has taken adequate steps on its own - 
          (I) in satisfying the goals agreed to in an applicable
        bilateral narcotics agreement with the United States (as
        described in paragraph (B)) or a multilateral agreement which
        achieves the objectives of paragraph (B),
          (II) in preventing narcotic and psychotropic drugs and other
        controlled substances produced or processed, in whole or in
        part, in such country or transported through such country, from
        being sold illegally within the jurisdiction of such country to
        United States Government personnel or their dependents or from
        being transported, directly or indirectly, into the United
        States,
          (III) in preventing and punishing the laundering in that
        country of drug-related profits or drug-related moneys, and
          (IV) in preventing and punishing bribery and other forms of
        public corruption which facilitate the illicit production,
        processing, or shipment of narcotic and psychotropic drugs and
        other controlled substances, or which discourage the
        investigation and prosecution of such acts; or

        (ii) for a country that would not otherwise qualify for
      certification under clause (i), the vital national interests of
      the United States require that subsection (a) of this section not
      be applied with respect to that country.

      (B) A bilateral narcotics agreement referred to in subparagraph
    (A)(i)(I) is an agreement between the United States and a foreign
    country in which the foreign country agrees to take specific
    activities, including, where applicable, efforts to - 
        (i) reduce drug production, drug consumption, and drug
      trafficking within its territory, including activities to address
      illicit crop eradication and crop substitution;
        (ii) increase drug interdiction and enforcement;
        (iii) increase drug education and treatment programs;
        (iv) increase the identification of and elimination of illicit
      drug laboratories;
        (v) increase the identification and elimination of the
      trafficking of essential precursor chemicals for the use in
      production of illegal drugs;
        (vi) increase cooperation with United States drug enforcement
      officials; and
        (vii) where applicable, increase participation in extradition
      treaties, mutual legal assistance provisions directed at money
      laundering, sharing of evidence, and other initiatives for
      cooperative drug enforcement.

      (C) A country which in the previous year was designated as a
    major drug producing country or a major drug-transit country may
    not be determined to be cooperating fully under subparagraph (A)(i)
    unless it has in place a bilateral narcotics agreement with the
    United States or a multilateral agreement which achieves the
    objectives of subparagraph (B).
      (D) If the President makes a certification with respect to a
    country pursuant to subparagraph (A)(ii), he shall include in such
    certification - 
        (i) a full and complete description of the vital national
      interests placed at risk if action is taken pursuant to
      subsection (a) of this section with respect to that country; and
        (ii) a statement weighing the risk described in clause (i)
      against the risks posed to the vital national interests of the
      United States by the failure of such country to cooperate fully
      with the United States in combating narcotics or to take adequate
      steps to combat narcotics on its own.

      (E) The President may make a certification under subparagraph
    (A)(i) with respect to a major drug producing country or drug-
    transit country which is also a producer of licit opium only if
    the President determines that such country has taken steps to
    prevent significant diversion of its licit cultivation and
    production into the illicit market, maintains production and
    stockpiles at levels no higher than those consistent with licit
    market demand, and prevents illicit cultivation and production.
      (2) In determining whether to make the certification required by
    paragraph (1) with respect to a country, the President shall
    consider the following:
        (A) Have the actions of the government of that country resulted
      in the maximum reductions in illicit drug production which were
      determined to be achievable pursuant to section 2291(e)(4) (!1)
      of title 22? In the case of a major drug producing country, the
      President shall give foremost consideration, in determining
      whether to make the certification required by paragraph (1), to
      whether the government of that country has taken actions which
      have resulted in such reductions.

        (B) Has that government taken the legal and law enforcement
      measures to enforce in its territory, to the maximum extent
      possible, the elimination of illicit cultivation and the
      suppression of illicit manufacturing of and trafficking in
      narcotic and psychotropic drugs and other controlled substances,
      as evidenced by seizures of such drugs and substances and of
      illicit laboratories and the arrest and prosecution of violators
      involved in the traffic in such drugs and substances
      significantly affecting the United States?
        (C) Has that government taken the legal and law enforcement
      steps necessary to eliminate, to the maximum extent possible, the
      laundering in that country of drug-related profits or drug-
      related moneys, as evidenced by - 
          (i) the enactment and enforcement by that government of laws
        prohibiting such conduct,
          (ii) that government entering into, and cooperating under the
        terms of, mutual legal assistance agreements with the United
        States governing (but not limited to) money laundering, and
          (iii) the degree to which that government otherwise
        cooperates with United States law enforcement authorities on
        anti-money laundering efforts?

        (D) Has that government taken the legal and law enforcement
      steps necessary to eliminate, to the maximum extent possible,
      bribery and other forms of public corruption which facilitate the
      illicit production, processing, or shipment of narcotic and
      psychotropic drugs and other controlled substances, or which
      discourage the investigation and prosecution of such acts, as
      evidenced by the enactment and enforcement of laws prohibiting
      such conduct?
        (E) Has that government, as a matter of government policy,
      encouraged or facilitated the production or distribution of
      illicit narcotic and psychotropic drugs and other controlled
      substances?
        (F) Does any senior official of that government engage in,
      encourage, or facilitate the production or distribution of
      illicit narcotic and psychotropic drugs and other controlled
      substances?
        (G) Has that government investigated aggressively all cases in
      which any member of an agency of the United States Government
      engaged in drug enforcement activities since January 1, 1985, has
      been the victim of acts or threats of violence, inflicted by or
      with the complicity of any law enforcement or other officer of
      such country or any political subdivision thereof, and has
      energetically sought to bring the perpetrators of such offense or
      offenses to justice?
        (H) Having been requested to do so by the United States
      Government, does that government fail to provide reasonable
      cooperation to lawful activities of United States drug
      enforcement agents, including the refusal of permission to such
      agents engaged in interdiction of aerial smuggling into the
      United States to pursue suspected aerial smugglers a reasonable
      distance into the airspace of the requested country?
        (I) Has that government made necessary changes in legal codes
      in order to enable law enforcement officials to move more
      effectively against narcotics traffickers, such as new conspiracy
      laws and new asset seizure laws?
        (J) Has that government expeditiously processed United States
      extradition requests relating to narcotics trafficking?
        (K) Has that government refused to protect or give haven to any
      known drug traffickers, and has it expeditiously processed
      extradition requests relating to narcotics trafficking made by
      other countries?

      (3) Subsection (a) of this section shall apply to a country
    without regard to paragraph (1) of this subsection if the Congress
    enacts, within 45 days of continuous session after receipt of a
    certification under paragraph (1), a joint resolution disapproving
    the determination of the President contained in that certification.
      (4) If the President takes action under subsection (a) of this
    section, that action shall remain in effect until - 
        (A) the President makes the certification under paragraph (1),
      a period of 45 days of continuous session of Congress elapses,
      and during that period the Congress does not enact a joint
      resolution of disapproval; or
        (B) the President submits at any other time a certification of
      the matters described in paragraph (1) with respect to that
      country, a period of 45 days of continuous session of Congress
      elapses, and during that period the Congress does not enact a
      joint resolution of disapproving the determination contained in
      that certification.

      (5) For the purpose of expediting the consideration and enactment
    of joint resolutions under paragraphs (3) and (4) - 
        (A) a motion to proceed to the consideration of any such joint
      resolution after it has been reported by the Committee on Ways
      and Means shall be treated as highly privileged in the House of
      Representatives; and
        (B) a motion to proceed to the consideration of any such joint
      resolution after it has been reported by the Committee on Finance
      shall be treated as privileged in the Senate.
    (c) Duration of action
      The action taken by the President under paragraph (1), (2), or
    (3) of subsection (a) of this section shall apply to the products
    of a foreign country that are entered, or withdrawn from warehouse
    for consumption, during the period that such action is in effect.
    (d) Presidential action regarding aviation
      (1)(A) The President is authorized to notify the government of a
    country against which is imposed the sanction described in
    subsection (a)(4) of this section of his intention to suspend the
    authority of foreign air carriers owned or controlled by the
    government or nationals of that country to engage in foreign air
    transportation to or from the United States.
      (B) Within 10 days after the date of notification of a government
    under subparagraph (A), the Secretary of Transportation shall take
    all steps necessary to suspend at the earliest possible date the
    authority of any foreign air carrier owned or controlled, directly
    or indirectly, by the government or nationals of that country to
    engage in foreign air transportation to or from the United States,
    notwithstanding any agreement relating to air services.
      (C) The President may also direct the Secretary of Transportation
    to take such steps as may be necessary to suspend the authority of
    any air carrier to engage in foreign air transportation between the
    United States and that country.
      (2)(A) The President may direct the Secretary of State to
    terminate any air service agreement between the United States and a
    country against which the sanction described in subsection (a)(4)
    of this section is imposed in accordance with the provisions of
    that agreement.
      (B) Upon termination of an agreement under this paragraph, the
    Secretary of Transportation shall take such steps as may be
    necessary to revoke at the earliest possible date the right of any
    foreign air carrier owned, or controlled, directly or indirectly,
    by the government or nationals of that country to engage in foreign
    air transportation to or from the United States.
      (C) Upon termination of an agreement under this paragraph, the
    Secretary of Transportation may also revoke the authority of any
    air carrier to engage in foreign air transportation between the
    United States and that country.
      (3) The Secretary of Transportation may provide for such
    exceptions from paragraphs (1) and (2) as the Secretary considers
    necessary to provide for emergencies in which the safety of an
    aircraft or its crew or passengers is threatened.
      (4) For purposes of this subsection, the terms "air
    transportation", "air carrier", "foreign air carrier" and "foreign
    air transportation" have the meanings such terms have under section
    40102(a) of title 49.
    (e) Standards and guidelines for determining major drug-transit
      countries
      For each calendar year, the Secretary of State, after
    consultation with the appropriate committees of the Congress, shall
    establish numerical standards and other guidelines for determining
    which countries will be considered to be major drug-transit
    countries under section 2495(3)(A) and (B) of this title.

-SOURCE-
    (Pub. L. 93-618, title VIII, Sec. 802, as added Pub. L. 99-570,
    title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-164; amended
    Pub. L. 100-204, title VIII, Sec. 806(a), Dec. 22, 1987, 101 Stat.
    1398; Pub. L. 100-690, title IV, Sec. 4408, Nov. 18, 1988, 102
    Stat. 4281; Pub. L. 101-231, Sec. 17(h)(1)-(4), Dec. 13, 1989, 103
    Stat. 1965; Pub. L. 106-36, title I, Sec. 1001(a)(8), June 25,
    1999, 113 Stat. 131.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Caribbean Basin Economic Recovery Act, referred to in subsec.
    (a)(1), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 384,
    as amended, which is classified principally to chapter 15 (Sec.
    2701 et seq.) of this title. For complete classification of this
    Act to the Code, see Short Title note set out under section 2701 of
    this title and Tables.
      Subsec. (e) of section 2291 of title 22, referred to in subsec.
    (b), (2)(A), was repealed and subsec. (i) was redesignated (e) by
    Pub. L. 102-583, Sec. 6(b)(2), (3), Nov. 2, 1992, 106 Stat. 4932.

-COD-
                               CODIFICATION                           
      In subsec. (d)(4), "section 40102(a) of title 49" substituted for
    "section 101 of the Federal Aviation Act of 1958 (49 U.S.C. App.
    1301)" on authority of Pub. L. 103-272, Sec. 6(b), July 5, 1994,
    108 Stat. 1378, the first section of which enacted subtitles II,
    III, and V to X of Title 49, Transportation.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(1)(A). Pub. L. 106-36 substituted "section
    2291h of title 22" for "section 2291(e) of title 22" in
    introductory provisions.
      1989 - Subsec. (b)(1)(A)(i)(IV). Pub. L. 101-231, Sec. 17(h)(1),
    substituted "illicit production" for "production".
      Subsec. (b)(1)(B)(iii). Pub. L. 101-231, Sec. 17(h)(2),
    substituted "education and treatment programs" for "treatment".
      Subsec. (b)(1)(B)(v). Pub. L. 101-231, Sec. 17(h)(3), substituted
    "essential precursor chemicals" for "precursor chemicals".
      Subsec. (b)(2)(D). Pub. L. 101-231, Sec. 17(h)(4), substituted
    "illicit production" for "production".
      1988 - Subsec. (b)(1). Pub. L. 100-690, Sec. 4408(a), amended
    par. (1) generally. Prior to amendment, par. (1) read as follows:
    "Subsection (a) of this section shall not apply with respect to a
    country if the President determines and so certifies to the
    Congress, at the time of the submission of the report required by
    section 2291(e) of title 22, that during the previous year that
    country has cooperated fully with the United States, or has taken
    adequate steps on its own, in preventing narcotic and psychotropic
    drugs and other controlled substances produced or processed, in
    whole or in part, in such country or transported through such
    country, from being sold illegally within the jurisdiction of such
    country to United States Government personnel or their dependents
    or from being transported, directly or indirectly, into the United
    States and in preventing and punishing corruption by government
    officials and the laundering in that country of drug-related
    profits or drug-related monies."
      Subsec. (b)(2). Pub. L. 100-690, Sec. 4408(a), amended par. (2)
    generally. Prior to amendment, par. (2) read as follows: "In making
    the certification required by paragraph (1), the President shall
    give foremost consideration to whether the actions of the
    government of the country have resulted in the maximum reductions
    in illicit drug production which were determined to be achievable
    pursuant to section 2291(e)(4) of title 22. The President shall
    also consider whether such government - 
        "(A) has taken the legal and law enforcement measures to
      enforce in its territory, to the maximum extent possible, the
      elimination of illicit cultivation and the suppression of illicit
      manufacture of and traffic in narcotic and psychotropic drugs and
      other controlled substances, as evidenced by seizures of such
      drugs and substances and of illicit laboratories and the arrest
      and prosecution of violators involved in the traffic in such
      drugs and substances significantly affecting the United States;
        "(B) has taken the legal and law enforcement steps necessary to
      eliminate, to the maximum extent possible, the laundering in that
      country of drug-related profits or drug-related monies, as
      evidence by - 
          "(i) the enactment and enforcement of laws prohibiting such
        conduct,
          "(ii) the willingness of such government to enter into mutual
        legal assistance agreements with the United States governing
        (but not limited to) money laundering, and
          "(iii) the degree to which such government otherwise
        cooperates with United States law enforcement authorities on
        anti-money laundering efforts; and
        "(C) has taken the legal and law enforcement steps necessary to
      eliminate, to the maximum extent possible, corruption by
      government officials, with particular emphasis on the elimination
      of bribery."
      Subsec. (b)(3), (4). Pub. L. 100-690, Sec. 4408(b), substituted
    "45 days" for "30 days" wherever appearing.
      Subsec. (e). Pub. L. 100-690, Sec. 4408(c), added subsec. (e).
      1987 - Subsec. (a)(4) to (6). Pub. L. 100-204, Sec. 806(a)(1),
    added pars. (4) and (5) and redesignated former par. (4) as (6) and
    amended it generally. Prior to amendment, par. (6) read as follows:
    "take any combination of the actions described in paragraphs (1),
    (2), and (3)."
      Subsec. (b). Pub. L. 100-204, Sec. 806(a)(2), inserted
    "corruption by government officials and" after "preventing and
    punishing" in par. (1) and added par. (2)(C).
      Subsec. (c). Pub. L. 100-204, Sec. 806(a)(3), inserted "paragraph
    (1), (2), or (3) of" after "under".
      Subsec. (d). Pub. L. 100-204, Sec. 806(a)(4), added subsec. (d).

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    19 USC Sec. 2493                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
           SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
           DRUG-TRANSIT COUNTRIES                        

-HEAD-
    Sec. 2493. Sugar quota

-STATUTE-
      Notwithstanding any other provision of law, the President may not
    allocate any limitation imposed on the quantity of sugar to any
    country which has a Government involved in the trade of illicit
    narcotics or is failing to cooperate with the United States in
    narcotics enforcement activities as defined in section 2492(b) of
    this title as determined by the President.

-SOURCE-
    (Pub. L. 93-618, title VIII, Sec. 803, as added Pub. L. 99-570,
    title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-165.)

-End-



-CITE-
    19 USC Sec. 2494                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
           SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
           DRUG-TRANSIT COUNTRIES                        

-HEAD-
    Sec. 2494. Progress reports

-STATUTE-
      The President shall include as a part of the annual report
    required under section 2291h of title 22 an evaluation of progress
    that each major drug producing country and each major drug-transit
    country has made during the reporting period in achieving the
    objectives set forth in section 2492(b) of this title.

-SOURCE-
    (Pub. L. 93-618, title VIII, Sec. 804, as added Pub. L. 99-570,
    title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-166; amended
    Pub. L. 106-36, title I, Sec. 1001(a)(9), June 25, 1999, 113 Stat.
    131.)


-MISC1-
                                AMENDMENTS                            
      1999 - Pub. L. 106-36 substituted "section 2291h of title 22" for
    "section 2291(e)(1) of title 22".

-End-



-CITE-
    19 USC Sec. 2495                                            01/03/2007

-EXPCITE-
    TITLE 19 - CUSTOMS DUTIES
    CHAPTER 12 - TRADE ACT OF 1974
    SUBCHAPTER VII - TARIFF TREATMENT OF PRODUCTS OF, AND OTHER
           SANCTIONS AGAINST, UNCOOPERATIVE MAJOR DRUG PRODUCING OR
           DRUG-TRANSIT COUNTRIES                        

-HEAD-
    Sec. 2495. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) continuity of a session of Congress is broken only by an
      adjournment of the Congress sine die, and the days on which
      either House is not in session because of an adjournment of more
      than three days to a day certain are excluded in the computation
      of the period indicated;
        (2) the term "major drug producing country" means a country
      that illicitly produces during a fiscal year 5 metric tons or
      more of opium or opium derivative, 500 metric tons or more of
      coca, or 500 metric tons or more of marijuana;
        (3) the term "major drug-transit country" means a country - 
          (A) that is a significant direct source of illicit narcotic
        or psychotropic drugs or other controlled substances
        significantly affecting the United States;
          (B) through which are transported such drugs or substances;
        or
          (C) through which significant sums of drug-related profits or
        monies are laundered with the knowledge or complicity of the
        government; and

        (4) the term "narcotic and psychotropic drugs and other
      controlled substances" has the same meaning as is given by any
      applicable international narcotics control agreement or domestic
      law of the country or countries concerned.

-SOURCE-
    (Pub. L. 93-618, title VIII, Sec. 805, as added Pub. L. 99-570,
    title IX, Sec. 9001, Oct. 27, 1986, 100 Stat. 3207-166; amended
    Pub. L. 101-231, Sec. 17(h)(5), Dec. 13, 1989, 103 Stat. 1965; Pub.
    L. 106-36, title I, Sec. 1001(a)(10), June 25, 1999, 113 Stat.
    131.)


-MISC1-
                                AMENDMENTS                            
      1999 - Par. (2). Pub. L. 106-36 struck out "and" at end.
      1989 - Par. (2). Pub. L. 101-231 amended par. (2) generally.
    Prior to amendment, par. (2) read as follows: "the term 'major drug
    producing country' means a country producing five metric tons or
    more of opium or opium derivative during a fiscal year or producing
    five hundred metric tons or more of coca or marijuana (as the case
    may be) during a fiscal year; and".

-End-