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19 U.S.C. § 2152 (CUSTOMS DUTIES)
§ 2152. Advice from executive departments and other sources
Before any trade agreement is entered into under section 2133 of this title or section 4202 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.
(Pub. L. 93–618, title I, § 132, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100–418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 114–26, title I, § 110(a)(2), June 29, 2015, 129 Stat. 357.)
heading: References in Text
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.
heading: Amendments
text: 2015—Pub. L. 114–26 substituted “section 4202 of this title” for “section 3803 of this title”
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.”
heading: Delegation of Authority
text: 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.
19 U.S.C. § 2153 (CUSTOMS DUTIES)
§ 2153. Public hearings
(a) Opportunity for presentation of views
In connection with any proposed trade agreement under section 2133 of this title or section 4202 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.
(Pub. L. 93–618, title I, § 133, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100–418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107–210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 114–26, title I, § 110(a)(3), June 29, 2015, 129 Stat. 357.)
heading: Amendments
text: 2015—Subsec. (a). Pub. L. 114–26 substituted “section 4202 of this title” for “section 3803 of this title”.
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.”
heading: Delegation of Authority
text: 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.
19 U.S.C. § 2212 (CUSTOMS DUTIES)
§ 2212. Transmission of agreements to Congress
(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 4202 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). For purposes of this subsection, the term “Member” includes any Delegate or Resident Commissioner.
(Pub. L. 93–618, title I, § 162, Jan. 3, 1975, 88 Stat. 2008; Pub. L. 100–647, title IX, § 9001(a)(10), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 107–210, div. B, title XXI, § 2110(a)(6), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 114–26, title I, § 110(a)(7), June 29, 2015, 129 Stat. 358.)
heading: Amendments
text: 2015—Subsec. (a). Pub. L. 114–26 substituted “section 4202 of this title” for “section 3803 of this title”.
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”.
heading: Effective Date of 1988 Amendment
text: 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.
heading: Delegation of Authority
text: 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.
19 U.S.C. § 2312 (CUSTOMS DUTIES)
§ 2312. Administration absent State agreement
(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) 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.
(Pub. L. 93–618, title II, § 240, Jan. 3, 1975, 88 Stat. 2025.)
heading: Termination Date
text: No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after June 30, 2021, except as otherwise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.
19 U.S.C. § 2313 (CUSTOMS DUTIES)
§ 2313. Payments to States
(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.
(Pub. L. 93–618, title II, § 241, Jan. 3, 1975, 88 Stat. 2025; Pub. L. 97–35, title XXV, § 2513(b), Aug. 13, 1981, 95 Stat. 889.)
heading: Amendments
text: 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.
heading: Effective Date of 1981 Amendment and Transition Provisions
text: 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.
heading: Termination Date
text: No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after June 30, 2021, except as otherwise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.
19 U.S.C. § 2314 (CUSTOMS DUTIES)
§ 2314. Liabilities of certifying and disbursing officers
(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).
(Pub. L. 93–618, title II, § 242, Jan. 3, 1975, 88 Stat. 2026.)
heading: Termination Date
text: No trade adjustment assistance, vouchers, allowances, or other payments or benefits may be provided under this section after June 30, 2021, except as otherwise provided, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.
19 U.S.C. § 2342 (CUSTOMS DUTIES)
§ 2342. Approval of adjustment proposals
(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.
(Pub. L. 93–618, title II, § 252, Jan. 3, 1975, 88 Stat. 2030; Pub. L. 99–272, title XIII, § 13006(a)(1), (2), Apr. 7, 1986, 100 Stat. 304.)
heading: Amendments
text: 1986—Subsec. (b)(1). Pub. L. 99–272, § 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, § 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.
heading: Termination Date
text: Except as otherwise provided, assistance may not be provided under this section after June 30, 2021, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.
19 U.S.C. § 2356 (CUSTOMS DUTIES)
§ 2356. Repealed. Pub. L. 112–40, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410
text: Section, Pub. L. 111–5, div. B, title I, § 1866, Feb. 17, 2009, 123 Stat. 399, required the Secretary of Commerce to submit and publish an annual report on trade adjustment assistance for firms and proscribed the release of certain confidential business information.
heading: Effective Date of Repeal
text: Pub. L. 112–40, title II, § 221(a)(3), Oct. 21, 2011, 125 Stat. 410, provided that the repeal of this section is effective on the day after the date on which the Secretary of Commerce submits the report required by this section for fiscal year 2011 [report submitted Dec. 15, 2011].
19 U.S.C. § 2401c (CUSTOMS DUTIES)
§ 2401c. Study by Secretary of Agriculture when International Trade Commission begins investigation
(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). 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.
(Pub. L. 93–618, title II, § 294, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949.)
heading: Termination Date
text: Except as otherwise provided, assistance may not be provided under this section after June 30, 2021, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.
19 U.S.C. § 2401d (CUSTOMS DUTIES)
§ 2401d. Benefit information to agricultural commodity producers
(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.
(Pub. L. 93–618, title II, § 295, as added Pub. L. 107–210, div. A, title I, § 141(a), Aug. 6, 2002, 116 Stat. 949.)
heading: Termination Date
text: Except as otherwise provided, assistance may not be provided under this section after June 30, 2021, see section 285 of Pub. L. 93–618, set out as a note preceding section 2271 of this title.
19 U.S.C. § 2418 (CUSTOMS DUTIES)
§ 2418. Request for information
(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) 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.
(Pub. L. 93–618, title III, § 308, as added Pub. L. 100–418, title I, § 1301(a), Aug. 23, 1988, 102 Stat. 1175.)
heading: Effective Date
text: 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.
19 U.S.C. § 2466b (CUSTOMS DUTIES)
§ 2466b. Termination of benefits for sub-Saharan African countries
In the case of a beneficiary sub-Saharan African country, as defined in section 2466a(c) 1 of this title, duty-free treatment provided under this subchapter shall remain in effect through September 30, 2025.
(Pub. L. 93–618, title V, § 506B, as added Pub. L. 106–200, title I, § 114, May 18, 2000, 114 Stat. 266; amended Pub. L. 108–274, § 7(a)(1), July 13, 2004, 118 Stat. 823; Pub. L. 114–27, title I, § 103(a), June 29, 2015, 129 Stat. 364.)
heading: References in Text
text: Section 2466a(c) of this title, referred to in text, was redesignated section 2466a(e) of this title by Pub. L. 114–27, title I, § 105(b), (c), June 29, 2015, 129 Stat. 366.
heading: Amendments
text: 2015—Pub. L. 114–27 substituted “September 30, 2025” for “September 30, 2015”.
2004—Pub. L. 108–274 substituted “2015” for “2008”.
19 U.S.C. § 2542 (CUSTOMS DUTIES)
§ 2542. Establishment and operation of technical offices
(a) Establishment
(1) For nonagricultural products
The Secretary of Commerce shall establish and maintain within the Department of Commerce a technical office that shall carry out the functions prescribed under subsection (b) with respect to nonagricultural products.
(2) For agricultural products
The Secretary of Agriculture shall establish and maintain within the Department of Agriculture a technical office that shall carry out the functions prescribed under subsection (b) with respect to agricultural products.
(b) Functions of offices
The President shall prescribe for each technical office established under subsection (a) such functions as the President deems necessary or appropriate to implement this subchapter.
(Pub. L. 96–39, title IV, § 412, July 26, 1979, 93 Stat. 244.)
heading: Delegation of Functions
text: Functions of President under subsec. (b) of this section delegated to Secretary of Commerce regarding technical office established under subsec. (a)(1) of this section, and to Secretary of Agriculture regarding technical office established under subsec. (a)(2) of this section, see section 1–103(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title.