dreamproit/uscode huggingface dataset:
19 U.S.C. § 2531 (CUSTOMS DUTIES)
§ 2531. Certain standards-related activities
(a) No bar to engaging in standards activity
Nothing in this subchapter may be construed—
(1) to prohibit a Federal agency from engaging in activity related to standards-related measures, including any such measure relating to safety, the protection of human, animal, or plant life or health, the environment, or consumers; or
(2) to limit the authority of a Federal agency to determine the level it considers appropriate of safety or of protection of human, animal, or plant life or health, the environment, or consumers.
(b) Unnecessary obstacles
Nothing in this subchapter may be construed as prohibiting any private person, Federal agency, or State agency from engaging in standards-related activities that do not create unnecessary obstacles to the foreign commerce of the United States. No standards-related activity of any private person, Federal agency, or State agency shall be deemed to constitute an unnecessary obstacle to the foreign commerce of the United States if the demonstrable purpose of the standards-related activity is to achieve a legitimate domestic objective including, but not limited to, the protection of legitimate health or safety, essential security, environmental, or consumer interests and if such activity does not operate to exclude imported products which fully meet the objectives of such activity.
(Pub. L. 96–39, title IV, § 401, July 26, 1979, 93 Stat. 242; Pub. L. 103–465, title III, § 351(b), Dec. 8, 1994, 108 Stat. 4955.)
heading: Editorial Notes
heading: Amendments
text: 1994—Pub. L. 103–465 added subsec. (a), designated existing provisions as subsec. (b), and inserted subsec. (b) heading.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Pub. L. 103–465, title III, § 352, Dec. 8, 1994, 108 Stat. 4957, provided that: “This subtitle [subtitle F (§§ 351, 352) of title III of Pub. L. 103–465, amending this section and sections 2532, 2544, 2571, and 2573 of this title and repealing provisions set out below] and the amendments made by this subtitle take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995].”
heading: Effective Date
text: Pub. L. 96–39, title IV, § 454, July 26, 1979, 93 Stat. 250, which provided that this subchapter was to take effect on Jan. 1, 1980, if the Agreement on Technical Barriers to Trade entered into force with respect to the United States by that date, was repealed by Pub. L. 103–465, title III, § 351(g), Dec. 8, 1994, 108 Stat. 4957.
19 U.S.C. § 2541 (CUSTOMS DUTIES)
§ 2541. Functions of Trade Representative
(a) In general
The Trade Representative shall coordinate the consideration of international trade policy issues that arise as a result of, and shall develop international trade policy as it relates to, the implementation of this subchapter.
(b) Negotiating functions
The Trade Representative has responsibility for coordinating United States discussions and negotiations with foreign countries for the purpose of establishing mutual arrangements with respect to standards-related activities. In carrying out this responsibility, the Trade Representative shall inform and consult with any Federal agency having expertise in the matters under discussion and negotiation.
(c) Cross reference
For provisions of law regarding general authority of the Trade Representative with respect to trade agreements, see section 2171 of this title.
(Pub. L. 96–39, title IV, § 411, July 26, 1979, 93 Stat. 243; Pub. L. 103–182, title III, § 351(b)(2), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), (2), Oct. 11, 1996, 110 Stat. 3529, 3530.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–295, § 21(b)(1), amended directory language of Pub. L. 103–182, § 351(b)(2). See 1993 Amendment notes below.
Subsec. (c). Pub. L. 104–295, § 21(b)(2), substituted “Trade Representative” for “Special Representatives”.
1993—Pub. L. 103–182, § 351(b)(2)(B), as amended by Pub. L. 104–295, § 21(b)(1), substituted “Trade Representative” for “Special Representative” in section catchline.
Subsecs. (a), (b). Pub. L. 103–182, § 351(b)(2)(A), as amended by Pub. L. 104–295, § 21(b)(1), substituted “Trade Representative” for “Special Representative” wherever appearing.
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: Executive Documents
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.
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) 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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: Editorial Notes
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. § 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: Editorial Notes
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. § 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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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) with respect to each international standard-setting organization shall publish notice in the Federal Register of the information specified in subsection (c) 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) 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) 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: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section 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: Executive Documents
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.
19 U.S.C. § 2582 (CUSTOMS DUTIES)
§ 2582. Repealed. Pub. L. 98–67, title II, § 214(d), Aug. 5, 1983, 97 Stat. 393
text: Section, Pub. L. 96–39, title XI, § 1112, July 26, 1979, 93 Stat. 316, authorized payment of compensation to losses in taxes resulting from concessions granted by United States in Tokyo Round of Multilateral Trade Negotiations on articles produced by United States possessions on which excise taxes are levied by United States.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Aug. 5, 1983, see section 218(a) of Pub. L. 98–67, which is classified to section 2706 of this title.
19 U.S.C. § 2604 (CUSTOMS DUTIES)
§ 2604. Designation of materials covered by agreements or emergency actions
After any agreement enters into force under section 2602 of this title, or emergency action is taken under section 2603 of this title, the Secretary, in consultation with the Secretary of State, shall by regulation promulgate (and when appropriate shall revise) a list of the archaeological or ethnological material of the State Party covered by the agreement or by such action. The Secretary may list such material by type or other appropriate classification, but each listing made under this section shall be sufficiently specific and precise to insure that (1) the import restrictions under section 2606 of this title are applied only to the archeological and ethnological material covered by the agreement or emergency action; and (2) fair notice is given to importers and other persons as to what material is subject to such restrictions.
(Pub. L. 97–446, title III, § 305, Jan. 12, 1983, 96 Stat. 2355; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(d), Oct. 21, 1998, 112 Stat. 2681–788; Pub. L. 106–113, div. B, § 1007(a)(7) [div. A, title VIII, § 802(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.)
heading: Editorial Notes
heading: Amendments
text: 1999—Pub. L. 106–113 substituted “Secretary, in consultation with the Secretary of State, shall” for “Secretary shall” in first sentence.
1998—Pub. L. 105–277 struck out “, after consultation with the Director of the United States Information Agency,” after “title, the Secretary” in first sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of Title 22.
heading: Effective Date
text: Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
19 U.S.C. § 2607 (CUSTOMS DUTIES)
§ 2607. Stolen cultural property
No article of cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in any State Party which is stolen from such institution after the effective date of this chapter, or after the date of entry into force of the Convention for the State Party, whichever date is later, may be imported into the United States.
(Pub. L. 97–446, title III, § 308, Jan. 12, 1983, 96 Stat. 2360.)
heading: Editorial Notes
heading: References in Text
text: For the effective date of this chapter, referred to in text, see section 315 of Pub. L. 97–446, set out as an Effective Date note under section 2601 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
19 U.S.C. § 2608 (CUSTOMS DUTIES)
§ 2608. Temporary disposition of materials and articles subject to this chapter
Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been imported into the United States in violation of section 2606 of this title or section 2607 of this title, the Secretary shall, upon application by any museum or other cultural or scientific institution in the United States which is open to the public, permit such material or article to be retained at such institution if he finds that—
(1) sufficient safeguards will be taken by the institution for the protection of such material or article; and
(2) sufficient bond is posted by the institution to ensure its return to the Secretary.
(Pub. L. 97–446, title III, § 309, Jan. 12, 1983, 96 Stat. 2360.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.