19 U.S.C. § 4204 (CUSTOMS DUTIES)
§ 4204. Notice, consultations, and reports
(a) Notice, consultations, and reports before negotiation
(1) Notice
The President, with respect to any agreement that is subject to the provisions of section 4202(b) of this title, shall—
(A) provide, at least 90 calendar days before initiating negotiations with a country, written notice to Congress of the President’s intention to enter into the negotiations with that country and set forth in the notice the date on which the President intends to initiate those negotiations, the specific United States objectives for the negotiations with that country, and whether the President intends to seek an agreement, or changes to an existing agreement;
(B) before and after submission of the notice, consult regarding the negotiations with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, such other committees of the House and Senate as the President deems appropriate, and the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4203(c) of this title;
(C) upon the request of a majority of the members of either the House Advisory Group on Negotiations or the Senate Advisory Group on Negotiations convened under section 4203(c) of this title, meet with the requesting congressional advisory group before initiating the negotiations or at any other time concerning the negotiations; and
(D) after consulting with the Committee on Ways and Means and the Committee on Finance, and at least 30 calendar days before initiating negotiations with a country, publish on a publicly available Internet website of the Office of the United States Trade Representative, and regularly update thereafter, a detailed and comprehensive summary of the specific objectives with respect to the negotiations, and a description of how the agreement, if successfully concluded, will further those objectives and benefit the United States.
(2) Negotiations regarding agriculture
(A) Assessment and consultations following assessment
Before initiating or continuing negotiations the subject matter of which is directly related to the subject matter under section 4201(b)(3)(B) of this title with any country, the President shall—
(i) assess whether United States tariffs on agricultural products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country;
(ii) consider whether the tariff levels bound and applied throughout the world with respect to imports from the United States are higher than United States tariffs and whether the negotiation provides an opportunity to address any such disparity; and
(iii) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
(B) Special consultations on import sensitive products
(i) Before initiating negotiations with regard to agriculture and, with respect to agreements described in paragraphs (2) and (3) of section 4206(a) of this title, as soon as practicable after June 29, 2015, the United States Trade Representative shall—
(I) identify those agricultural products subject to tariff rate quotas on June 29, 2015, and agricultural products subject to tariff reductions by the United States as a result of the Uruguay Round Agreements, for which the rate of duty was reduced on January 1, 1995, to a rate which was not less than 97.5 percent of the rate of duty that applied to such article on December 31, 1994;
(II) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning—
(aa) whether any further tariff reductions on the products identified under subclause (I) should be appropriate, taking into account the impact of any such tariff reduction on the United States industry producing the product concerned;
(bb) whether the products so identified face unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements; and
(cc) whether the countries participating in the negotiations maintain export subsidies or other programs, policies, or practices that distort world trade in such products and the impact of such programs, policies, and practices on United States producers of the products;
(III) request that the International Trade Commission prepare an assessment of the probable economic effects of any such tariff reduction on the United States industry producing the product concerned and on the United States economy as a whole; and
(IV) upon complying with subclauses (I), (II), and (III), notify the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate of those products identified under subclause (I) for which the Trade Representative intends to seek tariff liberalization in the negotiations and the reasons for seeking such tariff liberalization.
(ii) If, after negotiations described in clause (i) are commenced—
(I) the United States Trade Representative identifies any additional agricultural product described in clause (i)(I) for tariff reductions which were not the subject of a notification under clause (i)(IV), or
(II) any additional agricultural product described in clause (i)(I) is the subject of a request for tariff reductions by a party to the negotiations,
the Trade Representative shall, as soon as practicable, notify the committees referred to in clause (i)(IV) of those products and the reasons for seeking such tariff reductions.
(3) Negotiations regarding the fishing industry
Before initiating, or continuing, negotiations that directly relate to fish or shellfish trade with any country, the President shall consult with the Committee on Ways and Means and the Committee on Natural Resources of the House of Representatives, and the Committee on Finance and the Committee on Commerce, Science, and Transportation of the Senate, and shall keep the Committees apprised of the negotiations on an ongoing and timely basis.
(4) Negotiations regarding textiles
Before initiating or continuing negotiations the subject matter of which is directly related to textiles and apparel products with any country, the President shall—
(A) assess whether United States tariffs on textile and apparel products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country and whether the negotiation provides an opportunity to address any such disparity; and
(B) consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
(5) Adherence to existing international trade and investment agreement obligations
In determining whether to enter into negotiations with a particular country, the President shall take into account the extent to which that country has implemented, or has accelerated the implementation of, its international trade and investment commitments to the United States, including pursuant to the WTO Agreement.
(b) Consultation with Congress before entry into agreement
(1) Consultation
Before entering into any trade agreement under section 4202(b) of this title, the President shall consult with—
(A) the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate;
(B) each other committee of the House and the Senate, and each joint committee of Congress, which has jurisdiction over legislation involving subject matters which would be affected by the trade agreement; and
(C) the House Advisory Group on Negotiations and the Senate Advisory Group on Negotiations convened under section 4203(c) of this title.
(2) Scope
The consultation described in paragraph (1) shall include consultation with respect to—
(A) the nature of the agreement;
(B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this chapter; and
(C) the implementation of the agreement under section 4205 of this title, including the general effect of the agreement on existing laws.
(3) Report regarding United States trade remedy laws
(A) Changes in certain trade laws
The President, not less than 180 calendar days before the day on which the President enters into a trade agreement under section 4202(b) of this title, shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate—
(i) the range of proposals advanced in the negotiations with respect to that agreement, that may be in the final agreement, and that could require amendments to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) or to chapter 1 of title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.); and
(ii) how these proposals relate to the objectives described in section 4201(b)(17) of this title.
(B) Resolutions
(i) At any time after the transmission of the report under subparagraph (A), if a resolution is introduced with respect to that report in either House of Congress, the procedures set forth in clauses (iii) through (vii) shall apply to that resolution if—
(I) no other resolution with respect to that report has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be, pursuant to those procedures; and
(II) no procedural disapproval resolution under section 4205(b) of this title introduced with respect to a trade agreement entered into pursuant to the negotiations to which the report under subparagraph (A) relates has previously been reported in that House of Congress by the Committee on Ways and Means or the Committee on Finance, as the case may be.
(ii) For purposes of this subparagraph, the term “resolution” means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the ____ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to Congress on ____ under section 105(b)(3) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 with respect to ____, are inconsistent with the negotiating objectives described in section 102(b)(17) of that Act.”, with the first blank space being filled with the name of the resolving House of Congress, the second blank space being filled with the appropriate date of the report, and the third blank space being filled with the name of the country or countries involved.
(iii) Resolutions in the House of Representatives—
(I) may be introduced by any Member of the House;
(II) shall be referred to the Committee on Ways and Means and, in addition, to the Committee on Rules; and
(III) may not be amended by either Committee.
(iv) Resolutions in the Senate—
(I) may be introduced by any Member of the Senate;
(II) shall be referred to the Committee on Finance; and
(III) may not be amended.
(v) It is not in order for the House of Representatives to consider any resolution that is not reported by the Committee on Ways and Means and, in addition, by the Committee on Rules.
(vi) It is not in order for the Senate to consider any resolution that is not reported by the Committee on Finance.
(vii) The provisions of subsections (d) and (e) of section 152 of the Trade Act of 1974 (19 U.S.C. 2192) (relating to floor consideration of certain resolutions in the House and Senate) shall apply to resolutions.
(4) Advisory committee reports
The report required under section 135(e)(1) of the Trade Act of 1974 (19 U.S.C. 2155(e)(1)) regarding any trade agreement entered into under subsection (a) or (b) of section 4202 of this title shall be provided to the President, Congress, and the United States Trade Representative not later than 30 days after the date on which the President notifies Congress under section 4202(a)(2) or 4205(a)(1)(A) of this title of the intention of the President to enter into the agreement.
(c) International Trade Commission assessment
(1) Submission of information to Commission
The President, not later than 90 calendar days before the day on which the President enters into a trade agreement under section 4202(b) of this title, shall provide the International Trade Commission (referred to in this subsection as the “Commission”) with the details of the agreement as it exists at that time and request the Commission to prepare and submit an assessment of the agreement as described in paragraph (2). Between the time the President makes the request under this paragraph and the time the Commission submits the assessment, the President shall keep the Commission current with respect to the details of the agreement.
(2) Assessment
Not later than 105 calendar days after the President enters into a trade agreement under section 4202(b) of this title, the Commission shall submit to the President and Congress a report assessing the likely impact of the agreement on the United States economy as a whole and on specific industry sectors, including the impact the agreement will have on the gross domestic product, exports and imports, aggregate employment and employment opportunities, the production, employment, and competitive position of industries likely to be significantly affected by the agreement, and the interests of United States consumers.
(3) Review of empirical literature
In preparing the assessment under paragraph (2), the Commission shall review available economic assessments regarding the agreement, including literature regarding any substantially equivalent proposed agreement, and shall provide in its assessment a description of the analyses used and conclusions drawn in such literature, and a discussion of areas of consensus and divergence between the various analyses and conclusions, including those of the Commission regarding the agreement.
(4) Public availability
The President shall make each assessment under paragraph (2) available to the public.
(d) Reports submitted to committees with agreement
(1) Environmental reviews and reports
The President shall—
(A) conduct environmental reviews of future trade and investment agreements, consistent with Executive Order No. 13141 (64 Fed. Reg. 63169), dated November 16, 1999, and its relevant guidelines; and
(B) submit a report on those reviews and on the content and operation of consultative mechanisms established pursuant to section 4201(c) of this title to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final legal text of an agreement pursuant to section 4205(a)(1)(E) of this title.
(2) Employment impact reviews and reports
The President shall—
(A) review the impact of future trade agreements on United States employment, including labor markets, modeled after Executive Order No. 13141 (64 Fed. Reg. 63169) to the extent appropriate in establishing procedures and criteria; and
(B) submit a report on such reviews to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate at the time the President submits to Congress a copy of the final legal text of an agreement pursuant to section 4205(a)(1)(E) of this title.
(3) Report on labor rights
The President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on a timeframe determined in accordance with section 4203(c)(3)(B)(v) of this title—
(A) a meaningful labor rights report of the country, or countries, with respect to which the President is negotiating; and
(B) a description of any provisions that would require changes to the labor laws and labor practices of the United States.
(4) Public availability
The President shall make all reports required under this subsection available to the public.
(e) Implementation and enforcement plan
(1) In general
At the time the President submits to Congress a copy of the final legal text of an agreement pursuant to section 4205(a)(1)(E) of this title, the President shall also submit to Congress a plan for implementing and enforcing the agreement.
(2) Elements
The implementation and enforcement plan required by paragraph (1) shall include the following:
(A) Border personnel requirements
A description of additional personnel required at border entry points, including a list of additional customs and agricultural inspectors.
(B) Agency staffing requirements
A description of additional personnel required by Federal agencies responsible for monitoring and implementing the trade agreement, including personnel required by the Office of the United States Trade Representative, the Department of Commerce, the Department of Agriculture (including additional personnel required to implement sanitary and phytosanitary measures in order to obtain market access for United States exports), the Department of Homeland Security, the Department of the Treasury, and such other agencies as may be necessary.
(C) Customs infrastructure requirements
A description of the additional equipment and facilities needed by U.S. Customs and Border Protection.
(D) Impact on State and local governments
A description of the impact the trade agreement will have on State and local governments as a result of increases in trade.
(E) Cost analysis
An analysis of the costs associated with each of the items listed in subparagraphs (A) through (D).
(3) Budget submission
The President shall include a request for the resources necessary to support the plan required by paragraph (1) in the first budget of the President submitted to Congress under section 1105(a) of title 31 after the date of the submission of the plan.
(4) Public availability
The President shall make the plan required under this subsection available to the public.
(f) Other reports
(1) Report on penalties
Not later than one year after the imposition by the United States of a penalty or remedy permitted by a trade agreement to which this chapter applies, the President shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the effectiveness of the penalty or remedy applied under United States law in enforcing United States rights under the trade agreement, which shall address whether the penalty or remedy was effective in changing the behavior of the targeted party and whether the penalty or remedy had any adverse impact on parties or interests not party to the dispute.
(2) Report on impact of trade promotion authority
Not later than one year after June 29, 2015, and not later than 5 years thereafter, the United States International Trade Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the economic impact on the United States of all trade agreements with respect to which Congress has enacted an implementing bill under trade authorities procedures since January 1, 1984.
(3) Enforcement consultations and reports
(A) The United States Trade Representative shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate after acceptance of a petition for review or taking an enforcement action in regard to an obligation under a trade agreement, including a labor or environmental obligation. During such consultations, the United States Trade Representative shall describe the matter, including the basis for such action and the application of any relevant legal obligations.
(B) As part of the report required pursuant to section 163 of the Trade Act of 1974 (19 U.S.C. 2213), the President shall report annually to Congress on enforcement actions taken pursuant to a trade agreement to which the United States is a party, as well as on any public reports issued by Federal agencies on enforcement matters relating to a trade agreement.
(g) Additional coordination with Members
Any Member of the House of Representatives may submit to the Committee on Ways and Means of the House of Representatives and any Member of the Senate may submit to the Committee on Finance of the Senate the views of that Member on any matter relevant to a proposed trade agreement, and the relevant Committee shall receive those views for consideration.
(Pub. L. 114–26, title I, § 105, June 29, 2015, 129 Stat. 342; Pub. L. 114–125, title IX, § 914(f)(1), Feb. 24, 2016, 130 Stat. 275.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsecs. (b)(2)(B) and (f)(1), was in the original “this title”, meaning title I of Pub. L. 114–26, June 29, 2015, 129 Stat. 320, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out under section 4201 of this title and Tables.
The Tariff Act of 1930, referred to in subsec. (b)(3)(A)(i), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.
The Trade Act of 1974, referred to in subsec. (b)(3)(A)(i), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
Sections 105(b)(3) and 102(b)(17) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015, referred to in subsec. (b)(3)(B)(ii), are classified to subsec. (b)(3) of this section and section 4201(b)(17) of this title, respectively.
Executive Order No. 13141, referred to in subsec. (d)(1)(A), (2)(A), is set out as a note under section 2112 of this title.
heading: Amendments
text: 2016—Subsec. (b)(3)(A)(ii). Pub. L. 114–125, § 914(f)(1)(A), substituted “section 4201(b)(17)” for “section 4201(b)(16)”.
Subsec. (b)(3)(B)(ii). Pub. L. 114–125, § 914(f)(1)(B), substituted “section 102(b)(17)” for “section 102(b)(16)”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2016 Amendment
text: Amendment by Pub. L. 114–125 effective as if included in the enactment of title I of Pub. L. 114–26, see section 914(g) of Pub. L. 114–125, set out as a note under section 4201 of this title.
heading: Executive Documents
heading: Delegation of Functions
text: For delegation of functions of President under this section, see Ex. Ord. No. 13701, July 17, 2015, 80 F.R. 43903, set out as a note under section 4201 of this title.