dreamproit/uscode huggingface dataset:
19 U.S.C. § 2545 (CUSTOMS DUTIES)
§ 2545. Contracts and grants
(a) In general
For purposes of carrying out this subchapter, and otherwise encouraging compliance with the Agreement, the Trade Representative and the Secretary concerned may each, with respect to functions for which responsible under this subchapter, make grants to, or enter into contracts with, any other Federal agency, any State agency, or any private person, to assist such agency or person to implement appropriate programs and activities, including, but not limited to, programs and activities—
(1) to increase awareness of proposed and adopted standards-related activities;
(2) to facilitate international trade through the appropriate international and domestic standards-related activities;
(3) to provide, if appropriate, and pursuant to section 2543 of this title, adequate United States representation in international standards-related activities; and
(4) to encourage United States exports through increased awareness of foreign standards-related activities that may affect United States exports.
No contract entered into under this section shall be effective except to such extent, and in such amount, as is provided in advance in appropriation Acts.
(b) Terms and conditions
Any contract entered into, or any grant made, under subsection (a) of this section shall be subject to such terms and conditions as the Trade Representative or Secretary concerned shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States.
(c) Limitations
Financial assistance extended under this section shall not exceed 75 percent of the total costs (as established by the Trade Representative or Secretary concerned, as the case may be) of the program or activity for which assistance is made available. The non-Federal share of such costs shall be made in cash or kind, consistent with the maintenance of the program or activity concerned.
(d) Audit
Each recipient of a grant or contract under this section shall make available to the Trade Representative or the Secretary concerned, as the case may be, and to the Comptroller General of the United States, for purposes of audit and examination, any book, document, paper, and record that is pertinent to the funds received under such grant or contract.
(Pub. L. 96–39, title IV, § 415, July 26, 1979, 93 Stat. 246; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative” wherever appearing.
19 U.S.C. § 2546 (CUSTOMS DUTIES)
§ 2546. Technical assistance
The Trade Representative and the Secretary concerned may each, with respect to functions for which responsible under this subchapter, make available, on a reimbursable basis or otherwise, to any other Federal agency, State agency, or private person such assistance, including, but not limited to, employees, services, and facilities, as may be appropriate to assist such agency or person in carrying out standards-related activities in a manner consistent with this subchapter.
(Pub. L. 96–39, title IV, § 416, July 26, 1979, 93 Stat. 247; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.
19 U.S.C. § 2547 (CUSTOMS DUTIES)
§ 2547. Consultations with representatives of domestic interests
In carrying out the functions for which responsible under this subchapter, the Trade Representative and the Secretary concerned shall solicit technical and policy advice from the committees, established under section 2155 of this title, that represent the interests concerned, and may solicit advice from appropriate State agencies and private persons.
(Pub. L. 96–39, title IV, § 417, July 26, 1979, 93 Stat. 247; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.
19 U.S.C. § 2551 (CUSTOMS DUTIES)
§ 2551. Right of action
Except as provided under this subpart, the provisions of this part do not create any right of action under the laws of the United States with respect to allegations that any standards-related activity engaged in within the United States violates the obligations of the United States under the Agreement.
(Pub. L. 96–39, title IV, § 421, July 26, 1979, 93 Stat. 247.)
19 U.S.C. § 2552 (CUSTOMS DUTIES)
§ 2552. Representations
Any—
(1) Party to the Agreement; or
(2) foreign country that is not a Party to the Agreement but is found by the Trade Representative to extend rights and privileges to the United States that are substantially the same as those that would be so extended if that foreign country were a Party to the Agreement;
may make a representation to the Trade Representative alleging that a standards-related activity engaged in within the United States violates the obligations of the United States under the Agreement. Any such representation must be made in accordance with procedures that the Trade Representative shall by regulation prescribe and must provide a reasonable indication that the standards-related activity concerned is having a significant trade effect. No person other than a Party to the Agreement or a foreign country described in paragraph (2) may make such a representation.
(Pub. L. 96–39, title IV, § 422, July 26, 1979, 93 Stat. 247; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative” wherever appearing.
19 U.S.C. § 2553 (CUSTOMS DUTIES)
§ 2553. Action after receipt of representations
(a) Review
Upon receipt of any representation made under section 2552 of this title, the Trade Representative shall review the issues concerned in consultation with—
(1) the agency or person alleged to be engaging in violations under the Agreement;
(2) the member agencies of the interagency trade organization established under section 1872(a) of this title;
(3) other appropriate Federal agencies; and
(4) appropriate representatives referred to in section 2547 of this title.
(b) Resolution
The Trade Representative shall undertake to resolve, on a mutually satisfactory basis, the issues set forth in the representation through consultation with the parties concerned.
(Pub. L. 96–39, title IV, § 423, July 26, 1979, 93 Stat. 247; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative” wherever appearing.
19 U.S.C. § 2554 (CUSTOMS DUTIES)
§ 2554. Procedure after finding by international forum
(a) In general
If an appropriate international forum finds that a standards-related activity being engaged in within the United States conflicts with the obligations of the United States under the Agreement, the interagency trade organization established under section 1872(a) of this title shall review the finding and the matters related thereto with a view to recommending appropriate action.
(b) Cross reference
For provisions of law regarding remedies available to domestic persons alleging that standards activities engaged in by Parties to the Agreement (other than the United States) violate the obligations of the Agreement, see section 2411 of this title.
(Pub. L. 96–39, title IV, § 424, July 26, 1979, 93 Stat. 248.)
19 U.S.C. § 2561 (CUSTOMS DUTIES)
§ 2561. Findings of reciprocity required in administrative proceedings
(a) In general
Except as provided under subpart 1, no Federal agency may consider a complaint or petition against any standards-related activity regarding an imported product, if that activity is engaged in within the United States and is covered by the Agreement, unless the Trade Representative finds, and informs the agency concerned in writing, that—
(1) the country of origin of the imported product is a Party to the Agreement or a foreign country described in section 2552(2) of this title; and
(2) the dispute settlement procedures provided under the Agreement are not appropriate.
(b) Exemptions
This section does not apply with respect to causes of action arising under—
(1) the antitrust laws as defined in section 12(a) of title 15; or
(2) statutes administered by the Secretary of Agriculture.
This section does not apply with respect to petitions and proceedings that are provided for under the practices of any Federal agency for the purpose of ensuring, in accordance with section 553 of title 5, that interested persons are given an opportunity to participate in agency rulemaking or to seek the issuance, amendment, or repeal of a rule.
(Pub. L. 96–39, title IV, § 441, July 26, 1979, 93 Stat. 248; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1993—Subsec. (a). Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.
19 U.S.C. § 2562 (CUSTOMS DUTIES)
§ 2562. Consideration of standards-related activities by an international forum
No standards-related activity being engaged in within the United States may be stayed in any judicial or administrative proceeding on the basis that such activity is currently being considered, pursuant to the Agreement, by an international forum.
(Pub. L. 96–39, title IV, § 442, July 26, 1979, 93 Stat. 248.)
19 U.S.C. § 2572 (CUSTOMS DUTIES)
§ 2572. Exemptions
This subchapter does not apply to—
(1) any standards activity engaged in by any Federal agency or State agency for the use (including, but not limited to, use with respect to research and development, production, or consumption) of that agency or the use of another such agency; or
(2) any standards activity engaged in by any private person solely for use in the production or consumption of products by that person.
(Pub. L. 96–39, title IV, § 452, July 26, 1979, 93 Stat. 250.)
19 U.S.C. § 2573 (CUSTOMS DUTIES)
§ 2573. Reports to Congress on operation of agreement
As soon as practicable after the close of the 3-year period beginning on the date on which this subchapter takes effect, and as soon as practicable after the close of each succeeding 3-year period through 2001, the Trade Representative shall prepare and submit to Congress a report containing an evaluation of the operation of the Agreement, both domestically and internationally, during the period.
(Pub. L. 96–39, title IV, § 453, July 26, 1979, 93 Stat. 250; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103–465, title III, § 351(f), Dec. 8, 1994, 108 Stat. 4957; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1994—Pub. L. 103–465 inserted “through 2001” after “succeeding 3-year period”.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.
19 U.S.C. § 2575 (CUSTOMS DUTIES)
§ 2575. General
Nothing in this subpart may be construed—
(1) to prohibit a Federal agency or State agency from engaging in activity related to sanitary or phytosanitary measures to protect human, animal, or plant life or health; or
(2) to limit the authority of a Federal agency or State agency to determine the level of protection of human, animal, or plant life or health the agency considers appropriate.
(Pub. L. 96–39, title IV, § 461, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2118.)
19 U.S.C. § 2575a (CUSTOMS DUTIES)
§ 2575a. Inquiry point
The standards information center maintained under section 2544 of this title shall, in addition to the functions specified therein, make available to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding—
(1) any sanitary or phytosanitary measure of general application, including any control or inspection procedure or approval procedure proposed, adopted, or maintained by a Federal or State agency;
(2) the procedures of a Federal or State agency for risk assessment, and factors the agency considers in conducting the assessment and in establishing the levels of protection that the agency considers appropriate;
(3) the membership and participation of the Federal Government and State governments in international and regional sanitary and phytosanitary organizations and systems, and in bilateral and multilateral arrangements regarding sanitary and phytosanitary measures, and the provisions of those systems and arrangements; and
(4) the location of notices of the type required under article 719 of the NAFTA, or where the information contained in such notices can be obtained.
(Pub. L. 96–39, title IV, § 462, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2118.)
19 U.S.C. § 2576 (CUSTOMS DUTIES)
§ 2576. General
(a) No bar to engaging in standards activity
Nothing in this subpart shall be construed—
(1) to prohibit a Federal agency from engaging in activity related to standards-related measures, including any such measure relating to safety, the protection of human, animal, or plant life or health, the environment or consumers; or
(2) to limit the authority of a Federal agency to determine the level it considers appropriate of safety or of protection of human, animal, or plant life or health, the environment or consumers.
(b) Exclusion
This subpart does not apply to—
(1) technical specifications prepared by a Federal agency for production or consumption requirements of the agency; or
(2) sanitary or phytosanitary measures under subpart 1.
(Pub. L. 96–39, title IV, § 471, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2120.)
19 U.S.C. § 2576a (CUSTOMS DUTIES)
§ 2576a. Inquiry point
The standards information center maintained under section 2544 of this title shall, in addition to the functions specified therein, make available to the public relevant documents, at such reasonable fees as the Secretary of Commerce may prescribe, and information regarding—
(1) the membership and participation of the Federal Government, State governments, and relevant nongovernmental bodies in the United States in international and regional standardizing bodies and conformity assessment systems, and in bilateral and multilateral arrangements regarding standards-related measures, and the provisions of those systems and arrangements;
(2) the location of notices of the type required under article 909 of the NAFTA, or where the information contained in such notice can be obtained; and
(3) the Federal agency procedures for assessment of risk, and factors the agency considers in conducting the assessment and establishing the levels of protection that the agency considers appropriate.
(Pub. L. 96–39, title IV, § 472, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2120.)
19 U.S.C. § 2576b (CUSTOMS DUTIES)
§ 2576b. Subpart definitions
Notwithstanding section 2571 of this title, for purposes of this subpart—
(1) Approval procedure
The term “approval procedure” means any registration, notification, or other mandatory administrative procedure for granting permission for a good or service to be produced, marketed, or used for a stated purpose or under stated conditions.
(2) Conformity assessment procedure
The term “conformity assessment procedure” means any procedure used, directly or indirectly, to determine that a technical regulation or standard is fulfilled, including sampling, testing, inspection, evaluation, verification, monitoring, auditing, assurance of conformity, accreditation, registration, or approval used for such a purpose, but does not mean an approval procedure.
(3) Objective
The term “objective” includes—
(A) safety,
(B) protection of human, animal, or plant life or health, the environment or consumers, including matters relating to quality and identifiability of goods or services, and
(C) sustainable development,
but does not include the protection of domestic production.
(4) Service
The term “service” means a land transportation service or a telecommunications service.
(5) Standard
The term “standard” means—
(A) characteristics for a good or a service,
(B) characteristics, rules, or guidelines for—
(i) processes or production methods relating to such good, or
(ii) operating methods relating to such service, and
(C) provisions specifying terminology, symbols, packaging, marking, or labelling for—
(i) a good or its related process or production methods, or
(ii) a service or its related operating methods,
for common and repeated use, including explanatory and other related provisions set out in a document approved by a standardizing body, with which compliance is not mandatory.
(6) Standards-related measure
The term “standards-related measure” means a standard, technical regulation, or conformity assessment procedure.
(7) Technical regulation
The term “technical regulation” means—
(A) characteristics or their related processes and production methods for a good,
(B) characteristics for a service or its related operating methods, or
(C) provisions specifying terminology, symbols, packaging, marking, or labelling for—
(i) a good or its related process or production method, or
(ii) a service or its related operating method,
set out in a document, including applicable administrative, explanatory, and other related provisions, with which compliance is mandatory.
(8) Telecommunications service
The term “telecommunications service” means a service provided by means of the transmission and reception of signals by any electromagnetic means, but does not mean the cable, broadcast, or other electromagnetic distribution of radio or television programming to the public generally.
(Pub. L. 96–39, title IV, § 473, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2120.)
19 U.S.C. § 2577 (CUSTOMS DUTIES)
§ 2577. Definitions
Notwithstanding section 2571 of this title, for purposes of this part—
(1) NAFTA
The term “NAFTA” means the North American Free Trade Agreement.
(2) State
The term “State” means any of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
(Pub. L. 96–39, title IV, § 481, as added Pub. L. 103–182, title III, § 351(a), Dec. 8, 1993, 107 Stat. 2122.)
19 U.S.C. § 2578 (CUSTOMS DUTIES)
§ 2578. Notice of United States participation in international standard-setting activities
(a) In general
The President shall designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization.
(b) Notification
Not later than June 1 of each year, the agency designated under subsection (a) of this section with respect to each international standard-setting organization shall publish notice in the Federal Register of the information specified in subsection (c) of this section with respect to that organization. The notice shall cover the period ending on June 1 of the year in which the notice is published, and beginning on the date of the preceding notice under this subsection, except that the first such notice shall cover the 1-year period ending on the date of the notice.
(c) Required information
The information to be provided in the notice under subsection (b) of this section is—
(1) the sanitary or phytosanitary standards under consideration or planned for consideration by that organization;
(2) for each sanitary or phytosanitary standard specified in paragraph (1)—
(A) a description of the consideration or planned consideration of the standard;
(B) whether the United States is participating or plans to participate in the consideration of the standard;
(C) the agenda for the United States participation, if any; and
(D) the agency responsible for representing the United States with respect to the standard.
(d) Public comment
The agency specified in subsection (c)(2)(D) of this section shall provide an opportunity for public comment with respect to the standards for which the agency is responsible and shall take the comments into account in participating in the consideration of the standards and in proposing matters to be considered by the organization.
(Pub. L. 96–39, title IV, § 491, as added Pub. L. 103–465, title IV, § 432, Dec. 8, 1994, 108 Stat. 4970.)
heading: Effective Date
text: Part effective on the date of entry into force of the WTO Agreement with respect to the United States [Jan. 1, 1995], except as otherwise provided, see section 451 of Pub. L. 103–465, set out as a note under section 3601 of this title.
heading: Designation of Agency
text: Secretary of Agriculture designated under this section as official responsible for informing public of sanitary and phytosanitary standard-setting activities of each international standard-setting organization, see par. (4) of Proc. No. 6780, Mar. 23, 1995, 60 F.R. 15847, set out as a note under section 3511 of this title.